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FM20060523 CITY OF MUSKEGO Approved FINANCE COMMITTEE MINUTES Audio Recording Available Tuesday, May 23, 2006 6:00 PM Muskego City Hall, Aldermen’s Room W182 S8200 Racine Ave. Mayor Damaske called the meeting to order at 6:01 PM. In attendance were Committee Members Ald. Salentine, Ald. Madden, and Ald. Schroeder (arrived at 6:03 PM), City Administrator Sheiffer, Ald. Melcher, Ald. Borgman, Recording Secretary Warhanek, Finance Supervisor Mueller, and those per attached sheet. Ald. Buckmaster and Ald. Snead arrived during the meeting. Those present recited the Pledge of Allegiance. The meeting was posted in accordance with the Open Meeting Law on May 19, 2006. REVIEW OF MINUTES OF PREVIOUS MEETING The minutes of the May 9, 2006 Finance Committee Meeting were reviewed. Ald. Salentine moved to approve the minutes. Seconded by Ald. Madden. Motion carried 3 - 0. LICENSE APPROVALS Recommend approval of Operator’s Licenses - None Recommend approval of Temporary “Class B”/Class “B” License – Muskego Vol. Fire Co. Ladies Auxiliary – July 28, 2006 – The Muskego Volunteer Fire Company Ladies Auxiliary applied for a Temporary “Class B”/Class “B” Liquor License for a fundraiser to take place on July 28, 2006 with sale of fermented malt beverages and wine taking place from 5:00 PM to 9:00 PM. The event will be held at the Regency, W181 S8540 Lodge Blvd and the outside grounds. Ald. Salentine moved to recommend approval of a Temporary “Class B”/Class “B” Liquor License to the Muskego Volunteer Fire Company Ladies Auxiliary for their fundraiser being held on July 28, 2006. Seconded by Ald. Madden. Motion carried 3 – 0. Recommend approval of Temporary Class “B” License – Muskego Lions Club – September 16, 2006 - An application was received from the Muskego Lions Club for a Temporary Class “B” Retailers License for an event to be held at Veterans Memorial Park, W182 S8200 Racine Ave. Fermented malt beverages will be sold from small bar area with a controlled entrance. Ald. Salentine moved to recommend approval of Temporary Class “B” License for event being held by Muskego Lions Club on September 16, 2006 from 3:00 PM to 11:00 P.M. Seconded by Ald. Madden. Motion carried 3-0. Recommend approval of new agent for Pizza Hut – The new agent for Pizza Hut, Russell Thomas, was interviewed by the Finance Committee. Ald. Salentine moved to recommend approval of Pizza Hut’s new agent, Russell Thomas, subject to receipt of fees, favorable police report, and verification of schooling. Seconded by Ald. Madden. Motion carried 3 – 0. REVIEW 2006 – 2007 LICENSE APPLICATIONS The Committee reviewed spreadsheets provided by Deputy Clerk Jill Blenski. Also reviewed were the police incident reports (if any) for each establishment. “Class B” Retailers’ License for the Sale of Fermented Malt Beverages and Intoxicating Liquors – Ald. Salentine moved to recommend approval of “Class B” Retailers’ License for the following twenty-eight establishments for 2006 - 2007. Seconded by Ald Madden. Motion carried 3 - 0. “Class B” Retailers’ Licenses – Trade Names R & B’s Stage Coach Inn Bushy’s Pub & Grill Alpine Lanes Mather Lanes Aud-Mar Supper Club Muskego Lakes Country Club Amann’s Beach Club P & D De Marinis Denoon Saloon Boxhorn’s Gun Club Marx Pioneer Inn The Breakers Spitfires Food & Spirits Club Durham Kara-Oke Inn Williams Supper Club Mug-Z’s Pub & Grill Delta Family Restaurant Schmidt’s Refuge D J’s Pub & Grill Sobek’s Resort Hunter’s Nest Ted’s Country Squire Leah’s Italian Restaurante The Brick House Villa Italian Restaurant Tres Locos The Lakeview Tavern Valley Green Golf Course & Lounge Finance Committee Meeting May 23, 2006 - Page 2 Approved Class “B” Retailers’ License for the Sale of Fermented Malt Beverages – Ald Salentine moved to recommend approval of Class “B” Retailers’ License for the following three establishments for 2006 - 2007. Seconded by Ald. Madden. Motion carried 3 - 0. Class “B” Retailers’ License – Trade Names Beef’ O’Brady’s Schultz Resort Rod & Gun Club Pizza Hut “Class C” Retailers’ License for the Sale of Wine – Ald. Madden moved to recommend approval of “Class C: Retailers’ License for the following establishment for 2006 – 2007. Seconded by Ald. Salentine. Motion carried 3 – 0. “Class C” Retailers’ License – Trade Name Beef’ O’Brady’s “Class A” Retailers’ Licenses for the Sale of Fermented Malt Beverages and Intoxicating Liquors – Ald. Madden moved to recommend approval of “Class A” Retailers’ Licenses for the following nine establishments for 2006 - 2007. Seconded by Ald. Salentine. Motion carried 3 - 0. “Class A” Retailers’ Licenses - Trade Names ALDI #36 Sentry Foods - Muskego Osco Drug #1410 Muskego Warehouse Beer & Liquor Muskego Shell Jetz Convenience Center Loomis Petro Mart. Pick ‘n Save #6381 Muskego Lakes Subs & Liquor Class “A” Retailers’ License for the Sale of Fermented Malt Beverages – Ald. Salentine moved to recommend approval of Class “A” Retailers’ License for the following four establishments for 2006 - 2007. Seconded by Ald. Madden. Motion carried 3 - 0. Class “A” Retailers’ Licenses – Trade Names Dhillon’s Petro Mart (Mobil) Kwik Trip #664 Johnny’s Open Pantry Food Marts #491 Archery/Trap/Rifle License – Ald. Salentine moved to recommend approval of Archery/Trap/Rifle License for the following four establishments for 2006 - 2007. Seconded by Ald. Madden. Motion carried 3 - 0. Archery/Trap/Rifle License – Trade Names Boxhorn’s Gun Club Schultz Resort Rod & Gun Club Hunter’s Nest Wings & Whitetails Taxidermy Archery Swimming Beach/Waterway Marker License – Ald. Salentine moved to recommend approval of Swimming Beach/Waterway Marker License for the following three establishments for 2006 – 2007. Seconded by Ald. Madden. Motion carried 3 – 0. Swimming Beach/Waterway Marker License – Trade Names Aud-Mar Supper Club Licensee City of Muskego, Agent Parks Department Amann’s Beach Club PERIODIC LICENSE REVIEW - None UNFINISHED BUSINESS Review notification results for permanent speed tables on Lion’s Park Drive – Engineering/Building Inspection Director McMullen sent a letter along with a copy of the proposed tables to residents on Lion’s Park Drive (between Janesville Road and Pioneer Drive) advising them that the Public Works Department will be placing permanent asphalt speed tables on their street. They were asked to contact the Engineering Department if they had objections. The Engineering Department did not receive any responses. Ald. Schroeder hoped that the Public Works Committee would take a look at the letter when developing a procedure for installing temporary and/or permanent speed bumps/tables. He would like to see included in their procedure/guidelines a confidential survey. Ald. Melcher asked if speed bumps/tables that had prior Public Works approval would have to go back for a private survey. Ald. Schroeder stated it would be up to Public Works. Finance Committee Meeting May 23, 2006 - Page 3 Approved Continue discussion on feedback and recommendations in regard to Performance Evaluation Form and Performance Incentive Program for Non-rep Group – At the request of City Administrator Sheiffer, Finance Department Supervisor Mueller prepared comparison numbers on the new proposed incentive program. If you choose to assign a cost to a day off granted as a merit incentive and then add that amount to the pay increase allotted under the proposed program, you will arrive at one total. If you do not add the “cost” of a day off to the pay increase allotted under the new program, you arrive at a different total. Ald. Schroeder clarified that when putting the merit days off into a dollar amount; the proposed program is more liberal. City Administrator Sheiffer stated it is more liberal on an annual basis. Under the old program the increases compounded, under the proposed program that does not happen with merit days off. A member of the Employee Committee asked City Administrator Sheiffer to mention that the cost of the days off doesn’t impact the dollars in the budget. Ald. Schroeder stated merit days may not have a direct effect but would have an indirect impact, lost productivity. City Administrator Sheiffer stated the merit days off would have to be used in the same year. In regard to pay increases, Ald. Schroeder expressed concerns that when they had the five percent pay for performance it was not the norm and that is why he brought up changing to four percent. He felt four percent on an average was generous. When the four percent was talked about last year there was some consensus that the four percent was difficult to continue, as elected officials, especially with changing economic times. Ald. Schroeder reviewed the proposed merit pay increases presented by the Employee Committee and had a concern with the four percent at the highest-level increase, plus days off. In regard to merit days off Ald. Schroeder stated he was not sure how he felt, it is a nice incentive. Ald Madden and Ald. Salentine liked the merit day off incentive. Ald. Schroeder presented the following changes to the merit pay guidelines: Overall Rating Below Midpoint At/Above Midpoint Employee Committee Ald. Schroeder’s Employee Committee Ald. Schroeder’s Recommendation Recommendation Recommendation Recommendation Unacceptable 0% 0% 0% 0% Provisional 0% - +1% 0% - +0.5% 0% - +1% 0% - +0.5% Effective +1% - +2% +0.5% - +1.5% +1% - +2% +0.5% - +1% Outstanding +2% - +3% +1.5% - +2.5% +2% - +2.5% +1% - +1.5% Superior +3% - +4% +2.5% - +3% +2.5% - +3% +1.5% - +2% Ald. Schroeder moved to recommend approval, of the above merit pay increase guideline changes as presented by him. Seconded by Ald. Madden. Motion carried 3 – 0. NEW BUSINESS Recommend approval of Sale of Refunding Series 2006 Bonds – Paul Thompson and Dustin Avey from Hutchinson, Shockey, Erley & Co. (HSE) were present. Moody’s rating reconfirmed the City’s Aa3 rating. Representatives of HSE distributed a debt service comparison. Aaa3 and Aa3 ratings were discussed. Finance Supervisor Mueller and representatives of HSE had a conversation with Moody’s and the next time the City has a project they will go a little more in-depth with Moody’s for the potential of getting an upgrade. Getting Moody’s to come to the City was mentioned. In regard to Mayor Damaske’s question as to what Moody’s looks at in terms of rating he was told some of the factors are local economy, Waukesha County unemployment rate, dispersion of employment opportunities, and dispersion of large taxpayers. NSE has information that they developed that will show what Moody’s goes through in looking at ratings and what the criteria are. Finance Supervisor Mueller noted that Moody’s did visit the City last year. One of Moody’s comments was compared to New Berlin they would like to see a business park expansion. The savings report showed a savings, as a result of the refunded principal, of 3.1%. The total savings on the present value basis was $160,163.04. The Sales Comparison chart comparing the City’s rate to other issuers in Wisconsin on about the same time showed that in terms of market presence the City of Muskego was very competitive in the market place. Ald. Salentine moved to recommend approval of borrowing $5,160,000.00 by issuing General Obligation Refunding Bonds. Seconded by Ald. Madden. Motion carried 3 – 0. Recommend approval of 2005 Budget Amendments – Finance Supervisor Mueller presented the 2005 budget amendments, see attached. Ald. Schroeder questioned the special revenue fund budget amendments that included $175,105.00 of Park Dedication expenditures to cover costs associated with the Old Town Hall and skate board park. Approximately $40,000.00 was for the skateboard park with the balance of $135,000.00 for Old Town Hall. Finance Supervisor Mueller stated approximately $90,000.00 was brought before the Parks and Recreation Board for approval. Ald. Schroeder asked how the balance was approved. Finance Supervisor Mueller stated funding had been received to offset the skateboard park. This is strictly looking at expenditures that exceeded the budget. Finance Supervisor Mueller was asked to Finance Committee Meeting May 23, 2006 - Page 4 Approved Recommend approval of 2005 Budget Amendments continued verify what Committee/Committees or budget process approved a $20,000.00 transaction that was put towards Old Town Hall. Ald. Schroeder asked if expenditure comes before Parks and Recreation Board for approval does it always come before Finance Committee or only if it is a non-budgeted item. Discussion ensued on requests of other departments being brought before Finance. City Administrator Sheiffer indicated to Parks and Recreation Director Anderson that the Parks and Recreation Boards recommended expenditures have to go before Finance Committee and Common Council for approval. The new purchasing policy covers this. The new purchasing policy applies to every department’s expenditures, even if it is gifted money. Ald. Salentine moved to recommend approval of 2005 Budget Amendments. Seconded by Ald. Madden. Motion carried 3 – 0. Recommend approval of 2006 Budget Amendments – The following are the recommended 2006 budget amendments presented by Finance Supervisor Mueller: General Fund Transfers to: Assessor’s Office attorney fees $2,500.00 Total $2,500.00 Transfers from: Building Department engineering wages $1,652.00 Use of Fund Balance $ 848.00 Total $2,500.00 Ald. Salentine moved to recommend approval of 2006 Budget Amendments. Seconded by Ald. Madden. Discussion took place on provision in AFCME contract that states part-time employees should receive all fringe benefits specified on a prorated basis just like full time employees, based on budgeted hours. The contract then states that employees working one to nineteen hours shall not be eligible for health insurance. The particular employee involved was not working twenty hours a week but because the position was budgeted as twenty hours per week the City was incurring health insurance costs. Motion carried 3 – 0. Recommend approval of Revised Schaefer Farming Lease – Ald. Salentine moved to recommend approval of revised Park Arthur Lease agreement with Mr. Schaefer. Seconded by Ald. Schroeder. The Parks and Recreation Board is recommending approval of a revised, new lease with Mr. Eddie Schaefer for Park Arthur south section. The current lease will be voided. Severe erosion problems were noticed at the beginning of April 2006. City Engineer McMullen, along with staff, exercised the plantings change to alfalfa and timothy grass. It states under Special Conditions (2) of the lease that: All Erosion control and/or farming methods recommended by the City’s Building/Engineering staff be put in place and practiced. Alfalfa and timothy grass has been planted to remedy the erosion problem. The rental of the property shall be for the term of four cropping years, commencing on January 1, 2006 and ending December 31, 2009, with payment of $1.00 per year due by December 31, 2006, 2007, 2008, and 2009. The main reason for the new lease agreement is due to the vast expense and planting terms of oats and alfalfa. The new lease treats Mr. Schaefer in the same manner as the Kelsey Drive property. Ald. Schroeder asked about the decision, several years ago, of setting all the rentals at the same dollar amount per acre, at Attorney Molter’s advice. Some leases were being done at $55.00 per acre and some at $1.00 per acre. Discussion ensued on lease fees being consistent and why the difference with this agreement. Discussion continued on reason for a four-year lease. Ald. Madden didn’t understand the comment that it took four years to turn a profit; she started earning a profit the first year planted. Ald. Schroeder felt that all rentals should be set at the same dollar amount, whether it is $1.00 or $55.00. Ald. Schroeder recommended that someone check with City Attorney Molter to see why the $55.00 per acre was set. City Administrator Sheiffer was asked to review Ewald Engel lease agreement. The City needs to be consistent. Ald. Salentine withdrew her motion and Ald. Schroeder his second. Ald. Schroeder moved to recommend approval of the Park Arthur Lease Agreement at the current lease rate of other properties. Seconded by Ald. Madden. Ald. Melcher pointed out the property’s severe erosion problem. As he remembered, the planting of the property was going to be a major problem. No matter what the amount of the lease agreement, the erosion problem remains. If this is the property Ald. Melcher recalls, Mr. Schaefer is going to have to do a lot of work before planting can take place. Motion carried 3 – 0. Finance Committee Meeting May 23, 2006 - Page 5 Approved Recommend approval of School District/City General Facility Agreement – Ald. Schroeder moved to recommend approval of the City of Muskego/Muskego-Norway School District General Facility Agreement. Seconded by Ald. Salentine. The Parks and Recreation Board is recommending for approval, the City of Muskego/Muskego-Norway School District General Facility Agreement. The terms of the agreement are for July 1, 2005 through June 30, 2007. New sections to the agreement are: Section Two: Bay Lane, Mill Valley and Muskego High School Softball Diamonds and Tennis Courts. III. Improvements A. provided, however, that the District reserves the right to require the City, at the City’s expense, to remove such improvements and restore the Facilities. D. Tennis Court Improvements: During the term of this agreement, the City will pay a 50% portion of the costs of any improvements made by the District to the tennis court that are included in the Facilities (e.g., tennis court nets, wind screens, etc.). The City shall budget for such costs during the term of this agreement. VII. Pets Absolutely no pets are allowed on or about the Facilities at any time. Section Three: Non-Specific Facilities I. Additional District Facilities A. Muskego High School athletic track (fee basis and prior District approval) Muskego High School Varsity Football Field (fee basis and prior District approval) Section Four: Conclusion E. Right to review: During the term of this agreement, the District shall have the right upon reasonable notice to the City to review the financial records of the Parks and Recreation Department. Ald. Salentine questioned the statement “Any and all improvements which are placed upon the Facilities by the City during the term of this agreement or any renewal thereof shall upon termination of the agreement become the property of the District (with the exception of any athletic field lighting systems); provided, however, that the District reserves the right to require the City, at the City’s expense, to remove such improvements and restore the Facilities.” Ald. Schroeder explained that the District wanted the field but not the lights. The City wanted the lights. The City paid the portion for installation of lights. If this agreement ever terminates the District could ask the City to remove what the City solely owns, which is the lighting. Ald. Salentine asked if the City reviews District financial records in regard to the added statement that the District shall have the right upon reasonable notice to review the Parks and Recreation Department financial records. Accessibility to financial records of the District and City was discussed. Motion carried 3 – 0. Recommend approval to hire special counsel in matter of Charles Damaske vs. the City of Muskego – In a memorandum to the Finance Committee Police Chief Johnson stated the Police Department received a complaint from a citizen regarding an incident that took place on April 27, 2006 at the Muskego Historical Society Settlement Center. The City Attorney has recused himself from the case and is recommending Attorney Roger C. Pyzyk, the prosecuting attorney for the City of Greenfield. Police Chief Johnson is requesting the hiring of Attorney Roger C. Pyzyk as a special prosecutor to review the case and determine what, if any, charges need to be filed and if charges are forthcoming then to prosecute. Ald. Salentine moved to recommend approval of the hiring of Attorney Roger C. Pyzyk. Seconded by Ald. Madden. Motion carried 3 – 0. MAINTENANCE AGREEMENTS - None RELEASE OF FUNDS - None REDUCTION IN LETTER OF CREDIT - None VOUCHER APPROVAL Recommend approval of voucher report – The Finance Committee reviewed General Vouchers of $486,898.17, Utility Vouchers of $184,494.01, Tax Vouchers of $2,039,281.00, and Big Muskego Lake Vouchers of $30.00. In regard to voucher questions it was noted that Arenz, Molter, Macy and Riffle, miscellaneous work, the majority of the expense was for response to audit. The Auditors send letters to Attorney Molter requesting information. Bruce Municipal Equip., Inc., hose, was for rodder hose, one inch by six hundred feet, 250 PSI. CNI Newspapers, April publishing/City Hall, was for publishing all city notices for April. An itemized invoice was attached to the voucher. J. Kasian & Sons, Inc., 05 street scaping/payment # 2, is for Janesville Road, Tess Corners area. Ald. Salentine moved for approval of payment of vouchers. Seconded by Ald. Schroeder. Motion carried 3 – 0. Finance Committee Meeting May 23, 2006 - Page 6 Approved CITY ADMINISTRATOR’S - None FINANCE SUPERVISOR’S REPORT - None COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW - None ADJOURNMENT – Being no further business, Ald. Salentine moved to adjourn the meeting at 7:18 PM. Seconded by Ald. Madden. Motion carried 3 - 0. Respectfully Submitted, Carolyn Warhanek Recording Secretary