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COMMITTEE OF THE WHOLE Packet 05-25-2021CITY OF MUSKEGO COMMITTEE OF THE WHOLE AGENDA 05/25/2021 4:30 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF AGENDA APPROVAL OF MINUTES April 27, 2021 COW04272021.docx NEW BUSINESS Discuss Health Insurance Options Discuss Sanitary Sewer and Water Main Extension along Loomis Road Interview Candidates for Municipal Judge and Make a Selection COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT The Committee of the Whole may possibly reconvene immediately following the Common Council meeting of the same date to continue work on agenda items. NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100. CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES April 27, 2021 5:30 PM Muskego City Hall W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 5:35 p.m. ROLL CALL Unapproved a Luy e! MUSKEGO Present: Alderpersons Wolfe, Hammel, Engelhardt, Kubacki, and Madden. Also present: Public Works & Development Director Kroeger, Lead Planner Trzebiatowski, City Attorney Warchol, and Administrative Assistant Crisp. Absent: Alderpersons Kapusta and Terrence. STATEMENT OF PUBLIC NOTICE Ms. Crisp stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF AGENDA Alderperson Kubacki moved to approve. Alderperson Hammel seconded; motion carried. APPROVAL OF MINUTES February 23, 2021 Alderperson Madden moved to approve. Alderperson Wolfe seconded; motion carried. NEW BUSINESS Discussion of Sewer Back -Up Claim Policies and Possible Reconsideration of Previous Denial of Claims Date of Sewer Back-up November 8, 2020: Mayor gave each of the Claimants an opportunity to present their case to the Committee after which the Committee would discuss different options going forward. • Trish Krocker at S75W 13127 Oxford Ct.: Michael Hallmann read her statement — She is suffering from terminal ovarian cancer. The exposure to the sewage affected her health considerably. She has to pay an outside company to do the cleaning and there was considerable damage to her property (over $20,000). • Michael Hallmann at S74W13180 Courtland Ln: Read statement — He and his wife Sherry were out of town visiting family. They received a call from a neighbor telling him of the sewer backup affecting a number of homes in the neighborhood. There was a tremendous amount of damage. • Susan Hauke at W131S7558 Cheviot Rd: Read statement— She and her husband Mike discovered sewer water pooling up in the basement on Sunday morning. She contacted homeowner's insurance company to file their claim that same day. She contacted outside company to do the cleaning immediately. Cleanup costs was $7,876. Timely filed claim of damages $19,924 with City. K Committee of the Whole Minutes April 27, 2021 • Michael Reitz at W132 S7547 Cheviot Rd: Read statement — Noticed 3-5 inches of raw sewage in basement on Sunday (11/8) morning. He contacted his insurance company and was told sewer damage is not covered. They are requesting a reimbursement of $10,133. • Richard Randa at W131 S7576 Cheviot Rd.: Mike Hauke read statement for homeowner who could not attend meeting — Carpeting and miscellaneous items were destroyed. He sent an invoice to City for $793 that included replacing carpeting, purchase of supplies, and labor. • Matthew McCarroll at S74 W13130 Oxford Ct.: Read statement — He and his wife, Danielle, noticed the sewage backup Sunday morning. They called the City right away. Carpeting, drywall, and shelving were ruined. They are seeking a reimbursement for their deductible in the amount of $3,940. • Christopher Dibb at W 13157534 Cheviot Rd.: Matthew McCarroll read statement for homeowner — He and his wife, Kristen, were out of town until mid -afternoon and upon returning they found 3" of standing sewage water in their basement. Property damages total $20,000 which includes outside cleaning service. • Joan Hawley at S75W 13139 Oxford Ct — did not have damages because she has a lift pump. She is a professional engineer registered in the State of Wisconsin and is a certified sanitary sewer operator for the US. She made a statement to support the claimants. Mayor Petfalski put the meeting in recess at 6:14 p.m. and reconvened the meeting at 6:20 p.m. Ald. Kubacki requested a synopsis of Scott Kloskowski's comments. Mr. Kroeger described what happened. A manhole adjustment ring broke and half of the ring created a clog that caused the backup. There has not been a problem in the area in many years. In response to questions of the Council, Mr. Kroeger explained the process for cleaning the City sanitary sewer lines. When asked how often we have backups in the City, Mr. Kroeger stated there have been three in the four years he has worked with the City, which is not many. Mayor Petfalski asked City Attorney Warchol a question regarding liability. Mr. Warchol replied that if we know about the issue, we would be liable. We have a reasonable amount of time to fix the problem. There is no liability if we don't know a problem exists. In this case, if we knew about the broken ring being in the sewer line, and we did not do anything to remedy it, then there would be liability. If we do not know about it, which is what the insurance company is saying, there is no liability. Questions were asked regarding what many of the claimants said in their statements concerning grease, towels, grinder, etc. Mayor Petfalski stated that the cause of the problem does not matter. If we were negligent in doing something, then we should discuss that. Discussion regarding possible setting up a no/low interest loan. Mayor Petfalski asked if anyone wanted to reconsider the motion of previous denial of claims. Ald. Hammel, Kubacki, Engelhardt, and Madden were the only Council Members that were able to reconsider and none of them chose to do so. Discuss process for appointing new Municipal Judge Mayor Petfalski provided a Memo proposing a timeline for finding and appointing a new Municipal Court Judge. He asked the Committee's approval and they agreed to the timeline. He also asked the members if the candidate should be a licensed attorney. They decided to leave it as is. 3 Committee of the Whole Minutes April 27, 2021 COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None ADJOURNMENT Alderperson Engelhardt moved to adjourn at 7:19 p.m. Alderperson Kubacki seconded; motion carried. Minutes taken and transcribed by Christine Crisp. 4