CITY OF ANTIGO FINANCE, PERSONNEL & LEGISLATIVE COMMITTEE MINUTES OF MEETING HELD September 19, 2012 Members Present: Alderpersons Balcerzak, Bauknecht, Darling, Kassis, Kapusta, and Mayor Brandt Members Absent: None Others Present: Robert Solin; Alderperson Bugni; Mark Desotell, Director of Administrative Services; Eric Roller, Police Chief/Public Safety Director; Bob Piskula, Street Commissioner; Sarah Repp, Park, Recreation and Cemetery Supervisor; Kaye Matucheski, Clerk/Treasurer; and Jim Pike, Communication and Technology Supervisor. This meeting of the Finance, Personnel & Legislative Committee was called to order on the above date at 6:00 p.m. in the Multi-Purpose Room, City Hall. Mayor Bill Brandt served as Chairperson and Julie Zack, Administrative Assistant, recorded the minutes thereof. 1. Approval of Minutes from the August 15, 2012 Meeting Darling moved, Kassis seconded, to approve the minutes from the August 15, 2012 meeting as previously distributed. Carried 6-0. APPROVED 2. Increase in Utility Bill for 330 Elm Street Mayor Brandt recognized Robert Solin from the audience. Mr. Solin provided the Committee with a letter stating his concern with his water and sewer bill for his home at 330 Elm Street. In August of this year he received a bill of $408.33 for the projected water use covering October 2011 to August of 2012 (approximately ten months of utility service) as it was discovered in July that his meter was not working properly resulting in zero readings. He stated he has paid $433.63 towards his bill since October 2011 and feels the City is being unreasonable expecting him to pay $408.33 more because the meter stopped working. He stated that the meter is owned by the City and it is the City’s responsibility to find the mistake and he feels he is being penalized for that mistake. He further stated that when he attempted to set up a payment plan with the City for the outstanding amount, he was told it had to be paid by the end of August to prevent it from being added to the property taxes. He contends that if the billing had been correct, he would have had the time to pay the amount each month instead of this substantial amount in eleven days plus late fees. He stated that in the absence of an accurate reading on the water meter, he would like the Committee to reach a fair resolution. Kaye Matucheski, Clerk-Treasurer, explained she is in agreement that there was zero usage billed since November 2011 and the broken meter was discovered after the July 2012 billing (December 2011 through July 2012 billings did not contain usage amounts). She explained the $433.63 which Mr. Solin paid included the $22.92 base rate for each month, plus a little higher rate after the recent rate increase for the fixed charges. None of the amount was billed for water usage. Mr. Solin’s payments were not made on time so he was being assessed late charges. The $408.33 which Mr. Solin owes is for projected usage based on past monthly usage. She stated the Utility estimated usage at seven units per month although his usage has been as high as fourteen units. Ms. Matucheski explained that any unpaid charges up to the end of September can go on the tax bill. There will be a letter issued on October 15th stating that if the outstanding amount is not paid by the end of October there would be an added penalty and then if not paid by November 15th, the amount of the outstanding water usage bill added to the property tax bill. She then added Mr. and Mrs. Solin did not attempt to set up a payment plan at that time so there was not resolution. Ms. Matucheski then clarified that the Solins are being back-billed for this amount as they are legitimate charges. She noted that the Public Service Commission (PSC) regulation requires billing for the amount of usage and that any late charges for amounts not being paid cannot be waived. Ms. Matucheski stated there was substantial discussion with Mr. Solin regarding the late charges indicating that if their monthly bill is not paid on time there is a 3% late fee. He was not paying the $22.92 on time each month so there were late fees assessed on the account. Upon inquiry by Mayor Brandt, Ms. Matucheski stated Mr. Solin has not been assessed any late charges on the outstanding amount of $408.33; the only late fees assessed and charged have been for his previous monthly billing of $22.92 when not paid on time. Upon inquiry by Mayor Brandt, Ms. Matucheski stated the Solins can set up a payment plan with the Water Utility to get the $408.33 paid by November 15th so it will not go on their tax bill. No late fees will be assessed as long as they make those payments on time and keep their current bill paid on time. Mr. Solin stated it is his contention that had the meter been working this bill would not have occurred. Mayor Brandt clarified that a bill would still exist as it would have been a monthly sum each month instead of a total of $408.33. Mayor Brandt then instructed Mr. Solin that if he would set up a payment plan with the staff, he would actually have two months to get this amount paid before it would have to be put on his property taxes. Ms. Matucheski further explained that based on the information that Mr. Solin provided showing his history of usage and payments, Mr. Solin’s bill actually dropped from $69.88 when the meter was reading correctly to the $22.92 base fee. Upon inquiry by Alderperson Kassis, Mr. Solin stated he did not see the difference in his water bill when it dropped in December 2011. Upon inquiry by Mr. Solin, Ms. Matucheski stated to catch a “zero usage” is unlikely because there can be a couple hundred homes at “zero usage” at any given timeframe. It is not even unusual for a home with only one person living in it to have a “zero usage”. Mr. Solin stated he still feels it should have been caught by caught by the Utility. Upon inquiry by Alderperson Bauknecht as to the outcome if the broken meter had not been caught, Ms. Matucheski stated by PSC regulations the Utility is allowed to go back 24 months for billing in these rare cases and this is the policy we are following. She continued, stating the staff have had customers come in and ask why their water bill has changed (is there something wrong--can you check my meter), so that is not unheard of. Mr. Solin stated he felt the estimated water usage for which he is being billed is unfair and Ms. Matucheski explained that in Mr. Solin’s case the months previous to the problem (when his bill was higher) were not used in figuring his average usage. The bill was prepared using the amount of historical usage which is seven units (the average of the last 15 months). Ms. Matucheski summarized stating her staff contacted the PSC to be assured we were handling the situation correctly and the PSC is in agreement. Upon inquiry by Alderperson Balcerzak, Ms. Matucheski stated if the amount has to be put on his taxes, there is a one-time penalty of 10% plus a 3% late charge. NO ACTION TAKEN. 3. Water/Sewer Request for 1601 10th Avenue, E25-E27 Mayor Brandt stated the Committee has a letter from the owner, Jayne George, and a memo from Ms. Matucheski in their packet regarding this item. Ms. Matucheski explained there are three trailers metered from one meter at this mobile home park and Ms. George is requesting they only be billed for the amount of water and sewer they normally use. Mayor Brandt stated he would suggest if the Committee is to follow the policy they have established, only the sewer portion of the bill will be credited. Alderperson Kassis stated it has been past practice for the Committee to grant credit on the sewer portion of the utility bill with the stipulation that they make the necessary repairs so this does not occur again. Kassis moved, Balcerzak seconded, to approve a credit of $1,017.91 for the sewer portion of the bill with verification they have remedied the problem to prevent recurrence. Carried 6-0. RESOLUTION TO COUNCIL 4. Quotes for Sixth Avenue Planters Mayor Brandt stated the Committee has been given a memo from Sarah Repp, Park, Recreation and Cemetery Supervisor, explaining the quoted costs and the small increase in the quote from last year due to the installation of more planters. Mayor Brandt further stated the City has received several comments from citizens on how beautiful these planters now look and Committee members agreed they have received good comments as well. Kassis moved, Darling seconded, to approve the quote from Frisch Greenhouse for the 2013 planting, watering and maintenance of the planters on Fifth Avenue for $7,887.00 and Sixth Avenue in the amount of $4,764.50 and these funds will come from the Alleys and Boulevards Contractual Services account. Carried 6-0. RESOLUTION TO COUNCIL 5. Additional Capital Improvement Project Funding for Island Shelter Mayor Brandt stated there is not a memo on this item in the agenda packet and Ms. Repp read from her copy. She is requesting $5,000.00 for the Island Gazebo Project with funds to come from Capital Improvement Project funds. She continued, explaining that most of the funds to build this structure were donated in memory of Anton “Satch” Duffek and Dorothy Duffek. There were unforeseen additional costs to finish the project and the work has been accomplished. Mayor Brandt stated most of the funds were donated and that City staff performed some of the work to save on costs. Darling moved, Balcerzak seconded, to approve using $5,000.00 of the available CIP funds for the remaining balance outstanding on the Island Shelter. Carried 6-0 RESOLUTION TO COUNCIL 6. Funding for “Experience Works” Employee Ms. Repp stated the funding is not actually for the employee but a donation for the program. Ms. Repp read from her copy as the original was not available in the Committee packet. Ms. Repp explained the City has had the opportunity to have a program member, Mike Artymiuk, working for us as a member of the Parks, Recreation and Cemetery Department for the past two years. She stated the “Experience Works” program is responsible for Mr. Artymiuk’s wage. In return employees learn skills and abilities to assist them in obtaining work in a chosen profession. Ms. Repp explained that Mr. Artymiuk is an exemplary employee and has done much for the department. The program is requesting that we make a donation to help it continue to assist people like Mike. Upon inquiry by Mayor Brandt, Ms. Repp explained the program would be grateful for any donation and that a one-time $200 donation would be greatly appreciated. Upon inquiry by Mayor Brandt for a proper funding account, Ms. Matucheski suggested this money could come from the contingency fund. Brandt moved, Balcerzak seconded, to approve a one-time payment of $200 from the contingency fund for the “Experience Works” program. Carried 6-0 RESOLUTION TO COUNCIL 7. Funding to Continue Façade Grant Program Mayor Brandt explained the Façade Grant Program fund has once again reached a point where the Committee needs to decide if it wants to replenish it. The original amount of funding was $20,000 and when that was used up, the Committee elected to fund another $20,000. He further stated that for the previous investment of $40,000 by the City there has been over $190,000 in improvements made in our downtown area. He requested that the Committee consider replenishing the grant fund to continue the program. Upon inquiry by Alderperson Kassis, Mayor Brandt explained there is about $400 left in the fund at this point but there would likely be more requests by business owners in the near future. He would like the additional funding to be there for these businesses. Upon inquiry by Alderperson Kapusta, Ms. Matucheski explained that we fund $1.00 of every $3.00 the business pays with a limit of $3,000 for any one business. Upon inquiry by Alderperson Kapusta, Mayor Brandt stated this is only for businesses in the downtown area or within an appropriate distance of TIF 4 as determined by the Economic Development Committee. Darling moved, Bauknecht seconded, to continue to fund the Façade Grant Program with an additional $20,000 from TIF 4 proceeds. Carried 5-1 with Alderperson Kapusta casting the dissenting vote. RESOLUTION TO COUNCIL 8. Purchase and Installation of Wireless Network Throughout City Hall Mayor Brandt stated there is a memo from Jim Pike explaining the plan and costs thereof to install a wireless network throughout City Hall to assist with the connectivity of laptops and other wireless devices as well as the new telephone system slated for replacement in 2014. Upon inquiry by Alderperson Bugni, Mr. Pike explained after doing his due diligence research, that the Meru Network (which was the choice of the Wisconsin Legislature after two years of study for their own use), came back as being the best choice for the City of Antigo as the low bid. Upon inquiry by Alderperson Kassis regarding the far range of the prices submitted, Mr. Pike stated the technology is the same and he really did not know the reason for the price ranges. Upon further inquiry by Alderperson Kassis, Mr. Pike explained there is a new wireless standard coming out in the near future. If the City decides to go to that standard; it is a small software upgrade to stay current with technology once this work is performed. Upon inquiry by Alderperson Kapusta, Mayor Brandt stated the funding will come from the CIP Technology Plan and Contractual Services as stated in Mr. Pike’s memo. Upon inquiry by Alderperson Bugni, Mr. Pike explained there is a large support network for Meru in the State of Wisconsin. Mr. Pike further noted to Alderperson Bugni’s inquiry that he did review the Cisco technology but chose Meru after reviewing the bids. Balcerzak moved, Darling seconded, to approve the purchase and installation of a wireless network throughout City Hall using Aercor Wireless Networks at a cost of not more than $4,700.00 and System Technologies at a cost of not more than $1,500.00. Carried 6-0. RESOLUTION TO COUNCIL 9. Receiving Bids and Set Conditions for Sale of City Property at 100 Second Avenue Mayor Brandt read from the unapproved minutes on this referral from the City Plan meeting held on September 4th stating the conditions set by the Committee. Upon inquiry by Alderperson Kapusta, Mayor Brandt stated the reason for selling the property is to get it on the tax rolls and if there are no bids received the City is in the same position they are right now. Upon inquiry by Alderperson Kassis, Mayor Brandt stated he did not think it was necessary to have an appraisal performed based on what Jerry Wilhelm, Building Inspector/Assessor, stated at the meeting. He continued, explaining the land cannot have anything built on it. This affects the value but if the Committee wishes to set a minimum price for the property that can be done. The City would still have the right to reject any or all bids. Darling moved, Bauknecht seconded, to approve accepting bids for the property east of Aurora Street, south of the creek and north of address 106 Second Avenue, with the condition of a 50 foot conservancy easement along the waterway, measured from the water’s edge and also with a recreational easement over the west 150 feet of the property, and a minimum bid of $500 Carried 6-0. RESOLUTION TO COUNCIL 10. Vacant Fire Fighter Position on the Fire Department Mayor Brandt stated there is a memo in the packet from the Eric Roller, Public Safety Director, regarding this item. Upon inquiry by Alderperson Kassis, Chief Roller stated the successful hire will be a Paramedic and Firefighter, not an EMT and Firefighter. Mayor Brandt noted, it states in Chief Roller’s memo the position will be filled when the department feels it can bear the additional cost. Chief Roller then explained the department was set back financially due to payouts for vacation and compensated time for the recent resignations and he wants to utilize existing staff to fill in for the open position in the interim. Kassis moved, Kapusta seconded, to approve filling the vacant Firefighter/Paramedic position at the Fire Department. Carried 6-0. APPROVED 11. Vacant Patrolman Position on the Police Department Mayor Brandt stated this request was in Chief Roller’s memo to the Committee as well. An eligibility list for hiring is needed as there currently is not one. Upon inquiry by Alderperson Kassis, Chief Roller stated staffing is currently at 14 officers since August and he would like to see it returned to a staff of 15. He continued, stating it is his opinion that you can only go so long having the current staff filling in for the open position and he feels it will be November before they can complete the hiring for the position. Upon another inquiry by Alderperson Kassis, Chief Roller stated there has not been a lot of overtime to this point and officers have worked with him when it occurs. He indicated too much overtime creates burnout and that needs to be avoided. Darling moved, Kassis seconded, to approve filling the vacant patrolman position at the Police Department and establish a new eligibility list. Carried 6-0. APPROVED 12. Ordinance Relating to Social Host Liability Upon inquiry by Alderperson Kassis, Chief Roller explained this ordinance addresses individuals who choose to have gatherings in their home and serve alcohol to underage drinkers. He continued stating the City does have an ordinance right now called “Failure to Prevent” and the City enforces it and writes tickets for violations (which places our community ahead of other communities which do not even have that type of ordinance). Upon another inquiry by Alderperson Kassis, Chief Roller explained this ordinance would expand on the established ordinance in that it addresses if the owner is not on the premises. An example of such would be a gathering of underaged persons (more than two), and the owner leaves and therefore allows underage drinking to occur. Balcerzak moved, Kapusta seconded, to approve adopting a Social Host Liability Ordinance. Carried 6-0. ORDINANCE TO COUNCIL 13. Application for “Class B” Fermented Malt Beverage and Intoxicating Liquor License and Dance Hall License at 514 Superior Street (La Mexicana Restaurant) Kaye Matucheski, Clerk/Treasurer, clarified for members of the Committee that they should make their motion only for issuing these licenses to this location; they are not actually approving these licenses as they will need to go through the normal process and be approved at the Common Council meeting. Balcerzak moved, Kassis seconded, to approve issuing a “Class B” Fermented Malt Beverage and Intoxicating Liquor License and Dance Hall License at 514 Superior Street. Carried 6-0 LICENSES TO COUNCIL 14. Review of Welfit Participation and Fee Increase Ms. Matucheski provided a memo to the Committee stating the fee is increasing from $30 to $32 per month. She also noted the initial program was to be reviewed (after 1 year). Darling moved, Balcerzak seconded, to approve continuing the participation in the Welfit Program and the increase in the monthly fee from $30 to $32. Carried 6-0 RESOLUTION TO COUNCIL 15. Writing Off Block Grant Mortgages Mayor Brandt stated there is a memo from Ms. Matucheski in their packet explaining in a recent review of block grant mortgages by the Antigo Housing Authority there were 12 cases that are uncollectable due to tax deed or foreclosure. Upon inquiry by Alderperson Darling, Ms. Matucheski stated these are for those situations where the taxes were not paid and the County took back the property by tax deed (some of these date back to 1995) or for foreclosures. Balcerzak moved, Kassis seconded, to approve writing off 12 Block Grant mortgages in the amount of $106,128.43. Carried 6-0. RESOLUTION TO COUNCIL 16. Additional Funding for Brochures and Posters Mayor Brandt stated this is being pulled from the agenda as it was actually approved back in May by this Committee and just needs to proceed to Council for approval. RESOLUTION TO COUNCIL 17. Purchase Items for Confined Space and Overhaul Operations Mayor Brandt stated there is a memo from Jon Petroskey, Fire Chief, stating the department has $10,000 in CIP funds remaining and would like to utilize these funds to purchase escape respirators for confined space entry, adapter kits for overhaul of fires, and fit testing. Kassis moved, Balcerzak seconded, to approve purchase of needed items for confined space and overhaul operations, not to exceed $7,000.00 of CIP funds. Carried 6-0 RESOLUTION TO COUNCIL 18. Purchase Intravenous Pump Mayor Brandt stated there is a memo from Chief Petroskey stating the department sold three older intravenous pumps and tubing and they would like to use the proceeds from the sale along with $4,000 of CIP funds to purchase a new IV pump. Upon inquiry by Alderperson Darling, Chief Roller stated he did not know why this purchase was not accomplished in February when it was originally planned. Ms. Matucheski added she thought it was because they were waiting to see what equipment the hospital obtained so that our equipment would be compatible with it. Bauknecht moved, Balcerzak seconded, to approve using funds from the sale of old equipment along with CIP funds to purchase an intravenous pump. Carried 6-0 RESOLUTION TO COUNCIL 19. Focus on Energy Pilot Program Mayor Brandt stated this item was put on the agenda by Mark Desotell, Director of Administrative Services, and he would like to apply for a Focus on Energy Pilot Program grant. Darling moved, Bauknecht seconded, to approve applying for a Focus on Energy Pilot Program grant. Carried 6-0 APPROVED 20. Any Other Matters Authorized by Law to be Considered Upon inquiry by Alderperson Bauknecht, Mayor Brandt stated there is a Special Council meeting and a Committee of the Whole meeting scheduled on September 26th starting at 6:00 p.m. to discuss the 2013 budget. INFORMATION ONLY 21. Adjournment Kassis moved, Balcerzak seconded, to adjourn at 7:08 p.m. Carried 6-0. Bill Brandt, Chairperson Date