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Committee of the Whole

Regular Meeting

Oconomowoc, WI · May 3, 2022

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Minutes

City of Oconomowoc Committee-Of-The-Whole Meeting Minutes May 03, 2022 - 6:00 PM Aldermen Present: Karen Spiegelberg, Matt Mulder, Charles Schellpeper, Lou Kowieski, Chris Douglas, Matt Rosek, Jennifer Aultman Kloth, Kevin Ellis Also Present: Robert Magnus, Diane Coenen, Robert Duffy, Mark Frye, Jason Gallo, James Pfister, Joe Pickart, Laurie Sullivan-Murray, Ivan Lam, Stan Riffle, Brad Bowen, Charlie Shaw, Jeff Roemer Mayor Magnus called the Committee-Of-The-Whole Meeting to order at 6:02 PM. Call to order and confirmation of appropriate meeting notification Committee Business a. Discussion on Ordinance 22-O1034 to Amend Section 2.01(2) of the City of Oconomowoc Municipal Code Concerning Common Council Meeting Start Time The Committee discussed the effects of changing the Council meeting to 7 PM, use of staff time, ability to arrive earlier for sub-Committee meetings, tradition and moving sub-Committees to another day. The Committee agreed they were neutral on the change and that there was no need to bring this change forward to Council. b. Discussion on Western Lakes Fire District Funding Options and Memorandum of Understanding Between Owner Municipalities Magnus reported the MOU was drafted by Riffle as a recap of the Inter-Municipal Agreement to help make clear what happens if all owners do not agree to fund the $6.3M budget increase WLFD is asking for. The owners have not yet met to discuss this issue but will be meeting on Thursday, May 5th. The WLFD meeting on May 11th will present survey results to the owners. Magnus also noted the City’s portion of the $6.3M ask is $2.3M and the effect to the taxpayer would be $80 per $100K of assessed value, which is a 17% increase on the mill rate. Riffle stated Council can choose to move the MOU on to the other municipalities or not. Roemer stated he is concerned with the purpose of the MOU and feels it does not address the objective. Shaw agrees with Roemer. The Committee feels the MOU is complicating things and a summary/bullet point sheet for talking purposes would be sufficient to help elected officials explain the referendum request to their constituents. Magnus stated if the budget request is over 4%, all owners have veto power and the State regulates how much we can increase our levy and that is why WLFD is looking at an August referendum. He noted the referendum would be non-binding. Council must decide by end of May to move forward with a referendum because the referendum language has a May 31st deadline to be on the August ballot. Bowen referred to the spirit of cooperation between the owners to balance the budget and restated anything over a 4% increase needs full support of all owners. He also noted there are other options besides a referendum. The Committee suggested each owner should provide questions to Bowen before the May 11th meeting. c. Closed Session: Motion to convene in to Closed Session per Wis State Stat 19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a Closed Session regarding 1 Committee-Of-The-Whole - May 03, 2022 discussion/authorization for Oconomowoc Area School District land purchase and acquisition of rights in real property, specifically related to Tax Parcel OCOC 0614980004, as authorized by Wis. Stats. 62.22(1m) made by Mulder and seconded by Ellis. Motion carried 8-0-0. Adjourn Motion to adjourn made by Mulder and seconded by Spiegelberg. Motion carried 8-0-0. The meeting adjourned at 7:55 PM. __________________________________ Minutes taken by Diane Coenen, City Clerk 2 Committee-Of-The-Whole - May 03, 2022

Agenda

City of Oconomowoc Committee-Of-The-Whole Tuesday, May 03, 2022 - 6:00 PM City Hall - Council Chambers 174 E. Wisconsin Ave. Oconomowoc, WI 53066 (or immediately following Protection & Welfare) Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: (262) 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Discussion on Ordinance 22-O1034 to Amend Section 2.01(2) of the City of Oconomowoc Municipal Code Concerning Common Council Meeting Start Time b. Discussion on Western Lakes Fire District Funding Options and Memorandum of Understanding Between Owner Municipalities c. Closed Session: Per Wis State Stat 19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a Closed Session (Discussion/Authorization for Oconomowoc Area School District Land Purchase) and (Acquisition of Rights in Real Property, Specifically Related to Tax Parcel OCOC 0614980004, as Authorized by Wis. Stats. 62.22(1m)) 3. Adjourn ________________________________ Diane Coenen, City Clerk City of Oconomowoc Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1 MEMORANDUM PUBLIC WORKS Date: May 3, 2022 To: Mayor and Committee of the Whole From: Mark Frye, City Administrator/Director of Public Works Re: Discuss Ordinance 22-O1034 to Amend Section 2.01 (2) of the City of Oconomowoc Municipal Code Regarding Start Time of the Common Council Meeting RELATES TO THE STRATEGIC PLAN Strategic Plan: Section V: Enhance the Effectiveness of Our City Government Objective A: Develop/Update/Maintain City Ordinances/Policies Task 1: City Ordinances Update/Review BACKGROUND An Aldermanic request was made to amend Section 2.01 (2) shown below. 2.01 - MEETINGS. (1) ORGANIZATIONAL MEETING. Following a regular City election, the new Council shall first meet on the third Tuesday of April. (2) REGULAR MEETINGS. The regular meetings of the Council shall be held on the first and third Tuesdays of each month and at such other times as the Council may direct. Except when otherwise ordered by the Council, meetings shall be held in the Council Room in the City Hall at 7:30 p.m. The proposed ordinance change would have the Common Council meetings start at 7:00 p.m. going forward. ADDITIONAL ANALYSIS Our Clerks Department researched the start times of our meeting on Council nights for the past six months as shown in the chart below. Should the requested start time change be approved, each of these meetings would have started 30 minutes earlier. Please note that on February 14 we held a stand-alone Finance Committee on Monday which allowed the Tuesday, February 15 Committee meeting to start at 7:00. Had we not done this, the meetings on the 15th would have started at 6:00 PM. 1 2 SUBCOMMITTEE MEETING START TIMES PAST 6 MONTHS - NOVEMBER, 2021 TO APRIL, 2022 DATE FIRST MEETING START TIME # OF MTGS CC START TIME OTHER 11/2/21 UTILITY 5:15 PM 2 7:30 PM 11/16/21 COTW 6:50 PM 2 7:30 PM 12/7/21 COTW 6:50 PM 3 7:30 PM 12/21/21 COTW 7:00 PM 2 7:40 PM Started late 1/4/22 COTW 6:30 PM 3 7:30 PM 1/18/22 FINANCE 6:30 PM 4 7:47 PM Started late 2/1/22 PROTECTION & WELFARE 7:00 PM 2 7:34 PM Started late 2/14/22 FINANCE 4:30 PM 1 HELD ON A MONDAY - Adjourned @ 5:17 PM 2/15/22 PUBLIC SERVICES 7:00 PM 2 7:36 PM Started late 3/1/22 PROTECTION & WELFARE 7:25 PM 1 7:30 PM 3/15/22 PUBLIC SERVICES 7:00 PM 2 7:30 PM 4/5/22 UTILITY 7:00 PM 2 7:30 PM 4/19/22 FINANCE 6:00 PM 4 7:30 PM FINANCIAL IMPACT N/A RECOMMENDATION Discussion Item Only SUGGESTED MOTION Discussion Item Only Z:\City Administrator\Council Start Time\Background Memo for Ordinance 22-O1034 Amend Section 2.01 (2).docx 2 3 STATE OF WISCONSIN CITY OF OCONOMOWOC WAUKESHA COUNTY ORDINANCE NO. 22-O1034 ORDINANCE TO AMEND SECTION 2.01 (2) OF THE CITY OF OCONOMOWOC MUNICIPAL CODE CONCERNING COMMON COUNCIL MEETING START TIME WHEREAS, the Committee of the Whole recommends changing the Common Council start time from 7:30pm to 7:00pm; and WHEREAS, section 2.01 (2) of the Municipal code needs to be amended for this change; and WHEREAS, the Common Council hereby intends to adopt the recommendations of Committee of the Whole in this regard. NOW THEREFORE, the Common Council of the City of Oconomowoc, Waukesha County, Wisconsin, does hereby ordain as follows: SECTION 1: Chapter 2.01 (2), of the City of Oconomowoc Municipal Code, is hereby amended as follows: 2.01 - MEETINGS. (1) ORGANIZATIONAL MEETING. Following a regular City election, the new Council shall first meet on the third Tuesday of April. (2) REGULAR MEETINGS. The regular meetings of the Council shall be held on the first and third Tuesdays of each month and at such other times as the Council may direct. Except when otherwise ordered by the Council, meetings shall be held in the Council Room in the City Hall at 7:00 p.m.7:30 p.m. SECTION 2: SEVERABILITY. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. 1 4 SECTION 3: EFFECTIVE DATE. This ordinance shall take effect immediately upon passage and posting or publication as provided by law. DATED: ______________________ CITY OF OCONOMOWOC By: ______________________________ Robert P. Magnus, Mayor ATTEST: _______________________________ Diane Coenen, City Clerk Published and/or posted this ____ day of ______________________, 2022. Z:\City Administrator\Council Start Time\Ordinance 22-O1034 Amend Section 2.01 (2) Council Start Time.docx 2 5 MEMORANDUM PUBLIC WORKS Date: May 3, 2022 To: Mayor and Committee of the Whole From: Mark Frye, City Administrator/Director of Public Works Re: Discuss Western Lakes Fire District Funding Options RELATES TO THE STRATEGIC PLAN Strategic Plan: BACKGROUND We are all aware of the work Western Lakes Fire District (WLFD) is doing to raise awareness and gain support for the public to approve an increase in their operational budget. Fire Chief Brad Bowen and our WLFD Board members, Charlie Shaw and Jeff Roemer, will attend for this discussion. ADDITIONAL INFORMATION A Draft Memorandum of Understanding (MOU) will be part of our discussion. The intent of the MOU is to answer the question of what happens if one of the communities does not approve of the requested budget increase. FINANCIAL IMPACT N/A RECOMMENDATION N/A SUGGESTED MOTION N/A Z:\City Administrator\WLFD\Background Memo for Discussion of Western Lakes Fire Distric Funding Options.docx 1 6 DRAFT Western Lakes Fire Department Funding Referendum MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding dated this __ day of May 2022 is between the Village of Dousman, City of Oconomowoc, Town of Ottawa and Village of Summit, (collectively “the Municipalities”). WHEREAS, the Municipalities are parties to the “Inter-Municipal Agreement for the Creation of the Western Lakes Fire District” (“Agreement”) dated February 17, 2022; and WHEREAS, the Western Lakes Fire District (“WLFD”) has consulted with and informed the Municipalities that it believes it to be in the best interests of public safety that WLFD increase full time staffing; and WHEREAS, in particular, WLFD has stated that, to meet the growing need for services, WLFD requires $6.3M in additional funding to bolster staffing and increase wages. The additional staff would include:  33 additional full-time firefighter / paramedics (11 per shift spread across the WLFD footprint);  3 additional Battalion Chiefs (one per shift);  15 internship positions (positions are not new, but new Department of Labor regulations require intern positions be paid positions);  1 full-time administrative assistant; and  1 additional fire inspector. WHEREAS, due to Wisconsin levy limit law, none of the individual Municipalities have the fiscal capacity to fund these increased costs; and WHEREAS, the Agreement provides “[i]f a proposed budget increase is greater that 4%, all Municipalities must approve that budget.” The addition of $6.3M would increase the current budget by 92%; and WHEREAS, under Wisconsin law, levies can be increased above the allowable limits if the amount is approved by referendum; and WHEREAS, the Municipalities have agreed to adopt a resolution specifying their respective portion of the $6.3M proposed increase in the levy and stating that the proposed increase will apply on an ongoing basis for the purposes set forth above and to submit the referendum to the electors for a vote. NOW, THEREFORE, the Municipalities agree: Each Municipality will submit the referendum on the WLFD request for $6.3M in additional 7 funding to bolster staffing and increase wages to the electors for a vote on Tuesday August 9, 2022. If the referendum fails (i.e. additional funding is not approved) in any Municipality, such Municipality shall have the option of scheduling a second referendum on November 8, 2022. In the event the referendum is not approved by all Municipalities by November 10, 2022, under the terms of the Agreement, the maximum WFLD budget increase for 2023 shall be 4% unless otherwise agreed upon by all Municipalities. Village of Dousman ________________________ By: City of Oconomowoc ________________________ By: Town of Ottawa ________________________ By: Village of Summit ________________________ By: 2 8

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