Common Council

JOINT MEETING OF THE CITY OF VERONA COMMON COUNCIL AND THE TOWN OF VERONA TOWN BOARD WEDNESDAY, OCTOBER 27, 2021 6:00 P.M. Due to the COVID-19 pandemic, the Verona Common Council and Town of Verona Town Board will hold its meeting as a virtual meeting. The Common Council and Town Board will not meet in person. Members of the Common Council, Town Board, and Staff will join the meeting by using Zoom Webinar, as described immediately below. Members of the public can join the meeting using Zoom Webinar via a computer, tablet, or smartphone, or by calling into the meeting using phones, as described immediately below. Those requiring toll-free options are asked to contact City Hall for details prior to the meeting at adam.sayre@ci.verona.wi.us or 608-848-9941. Join the meeting via computer, tablet, or smart phone: https://us06web.zoom.us/j/82547820808 Webinar ID: 825 4782 0808 Join the meeting via phone by dialing: 312 626 6799 Webinar ID: 825 4782 0808 The online meeting agenda and all support materials can be found at https://www.ci.verona.wi.us/. In addition to the public, all Council members, Town Board members and Staff will also be participating remotely. Anyone with questions prior to the meeting may contact the City at (608) 848-9941 or adam.sayre@ci.verona.wi.us. PUBLIC SPEAKING INSTRUCTIONS • WRITTEN COMMENTS: You can send comments to the City Council or Town Board on any matter, either on or not on the agenda, by emailing adam.sayre@ci.verona.wi.us or in writing to Common Council, 111 Lincoln Street., Verona, WI, 53593. • For public comments, including comments during the public hearing, register and speak: Those wishing to speak during the virtual meeting MUST register by 6:00 PM in advance of the meeting start time by emailing adam.sayre@ci.verona.wi.us or calling 608-848-9941. You will be given information on how your speaking opportunity will be coordinated. 1. Call City of Verona Common Council Meeting to Order and Roll Call 2. Call Town of Verona Town Board Meeting to Order and Roll Call 3. Public Comment 4. Approval of minutes from the October 19, 2020 Joint City of Verona Common Council and Town of Verona Town Board 5. Announcements 6. Presentation by Fire Chief Dan Machotka 7. Discussion on Intergovernmental Agreement between the Town of Verona and the City of Verona for Fire Protection Services 8. Adjournment Town of Verona Town Board 9. Adjournment City of Verona Common Council Luke Diaz, Mayor Mark Geller, Town Board Chair Posted: Verona City Hall Verona Town Hall Verona Public Library Miller’s Supermarket City Website: www.ci.verona.wi.us Town Website: www.town.verona.wi.us NOTICE: IF YOU NEED AN INTERPRETER, MATERIALS IN ALTERNATIVE FORMATS, OR OTHER ACCOMMODATION TO ACCESS THE MEETING, PLEASE CONTACT THE CITY CLERK AT 845-6495 AT LEAST 48 HOURS PRECEDING THE MEETING. EVERY REASONABLE EFFORT WILL BE MADE TO ACCOMMODATE YOUR REQUEST.  MINUTES JOINT CITY OF VERONA COMMON COUNCIL AND TOWN OF VERONA TOWN BOARD October 19, 2020, 6:30 p.m. Due to the COVID-19 pandemic, the Verona Common Council and Town of Verona Town Board held its meeting as a virtual meeting. The Common Council the Town Board did not meet in person. Members of the Common Council, Town Board, and Staff joined the meeting by using Zoom Webinar. Members of the public were able to join the meeting using Zoom Webinar via a computer, tablet, or smartphone, or by calling into the meeting via phone. 1. Call to Order and Roll Call – City of Verona Common Council: Mayor Diaz called the meeting of the City of Verona Common Council to order at 6:36 p.m. On roll call: Alderpersons Kate Cronin, Charlotte Jerney, Chad Kemp, Christine Posey and Charlie Ryan were present. Alderpersons Katie Kohl and Heather Reekie were absent and excused. City Administrator Adam Sayre and Fire Chief Dan Machotka were also present. 2. Call to Order and Roll Call – Town of Verona Town Board: Town Board Chair Geller called the meeting of the Town of Verona Town Board to order at 6:37 p.m. On roll call: Supervisors Mathies, Maxwell, Mathies and Wiederhoeft were present. Town of Verona Planner and Administrator Sarah Gaskell was also present. 3. Public Comment: None 4. Approval of minutes from the October 29, 2019 Joint City of Verona Common Council and Town of Verona. Motion by Kemp, seconded by Diaz, to approve the minutes of the October 29, 2019 Joint City of Verona Common Council and Town of Verona Town Board. Motion carried 8-0. 4. Announcements: None 5. Presentation by Fire Chief: Machotka presented the annual fire department update. Since last year, there has been some reorganization in the fire department in an attempt to equalize workloads and provide optimum service coverage. In the proposed updated organizational chart, Deputy Chiefs and Assistant Chiefs will be replaced by Battalion Chiefs – Battalion Chief of Training, Battalion Chief of Operations, and Battalion Chief of Inspections & Prevention. The department is in the process of recruiting for the Battalion Chief of Operations position at this time, and hopes to fill the Battalion Chief of Training and Battalion Chief of Inspections & Prevention positions in the next few years.  2021 budget items were presented. The proposed 2021 Fire Department Operating Budget is $1,648,381, which is a 2.01% increase from 2020. The Town’s calculated share of this budget is $180.782, which is a 1.73% increase. The proposed 2021 Capital Budget is $112,604. Calls decreased from 962 in 2019, to an estimated 896 in 2020. The decrease is attributed to the COVID-19 pandemic, as people are concerned about exposure to the virus if admitted to the hospital. Gaskell asked where the department stands on the Local 311 Firefighters union contract. Machotka replied negotiations with the City are ongoing. Jerney asked if the department is well-supplied with personal protective equipment (PPE). Machotka replied they continue to be well-supplied, and have received a number of donations of PPE. 6. Discussion on Intergovernmental Agreement between the Town of Verona and the City of Verona for Fire Protection Services: The City of Verona Common Council and Town of Verona Town Board discussed the Intergovernmental Agreement between the Town of Verona and the City of Verona for Fire Protection Services. Geller stated the Town of Verona is very satisfied with the service provided by the fire department, and is happy with the choice of the new Chief. There were no grievances or issues with the service as it stands. 7. Adjournment Town of Verona Town Board: Motion by Mathies, seconded by Wiederhoeft, to adjourn the Town of Verona Town Board at 6:49 p.m. Motion carried 3-0. 8. Adjournment City of Verona Common Council: Motion by Touchett, seconded by Kemp, to adjourn the City of Verona Common Council at 6:50 p.m. Motion carried 5-0. Ellen Clark, City Clerk City of Verona  INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VERONA AND THE CITY OF VERONA FOR FIRE PROTECTION SERVICES This Agreement is made and entered into this day of —+ r.A, 2013, by and between the Town of Verona (the " Town "), a body corporate and politic located in Dane County, Wisconsin and the City of Verona (the " City "), a Wisconsin municipal corporation in Dane County, Wisconsin. RECITALS A. Sections 60. 55( 1)( a) 3 and 66.0301 of the Wisconsin Statutes allows the City and Town to enter into an intergovernmental agreement for the provision of fire protection services to the Town. B. The City and Town have previously entered into an Intergovernmental Agreement dated December 22, 2010 establishing the Verona Joint Fire District (the " Intergovernmental Agreement "). y/ 1 41 C. The City and Town have approved a Dissolution Agreement dated terminating the Intergovernmental Agreement effective at 12: 01 a.m. on January 1, 2014 ( the Dissolution Agreement ") D. The City intends to establish a City Fire Department effective beginning on January 1, 2014. E. The City and Town desire to enter into a new agreement for the provision of fire protection services to the Town. AGREEMENT In consideration of the mutual promises and agreements hereinafter set forth the parties do hereby agree as follows: 1. Fire Service a. Services to be Provided. The Town agrees to purchase from the City, and the City agrees to provide the Town, the following fire -related services: Rural and Urban interior and exterior structural firefighting Grass and brush firefighting General firefighting including vehicle and equipment Rescue response including extrication Assistance on Emergency Medical Service calls Hazardous materials response Fire inspection and fire code enforcement services as required by the State of Wisconsin  Review and comment on driveway permit applications with respect to fire safety. b. Service Territory. The City shall provide fire services as indicated in this Agreement to the entire geographic area of the Town. This area shall constitute the Town' s Service Territory for the purposes of this Agreement. c. Service Standards. The City shall, throughout the term of this Agreement, take all reasonable measures to provide a level of service generally consistent with the staffing and response time guidelines of the National Fire Protection Association Standard 1720 and adequate staffing and equipment to provide fire- related services in the Town at a level equal to, at a minimum, the level corresponding to the Insurance Services Office ( ISO) Public Protection Classification (PPC) ratings applicable to the Town and the department at the time this Agreement takes effect. d. Allocation of Resources. The parties understand the fire department officer in charge of the particular scene shall exercise judgment to determine, in consideration of all the established policies, guidelines, procedures, and practices, how best to allocate the available resources of the fire department under the circumstances of a given situation. Neither the policies, guidelines, procedures or practices adopted by the City, nor individual deployment decisions shall allow for differential treatment based, in whole or in part, on whether the property in need of service is located in the Town. The inability of the City to provide fire services because of poor weather conditions or other conditions beyond the control of the City shall not be deemed a breach of this contract. e. No Guarantee. The parties understand and agree that the City will endeavor to reasonably provide the services indicated above given the circumstances, but the City makes no guarantees that the services it actually provides in a given situation will meet any particular criteria or standard. 2. Payment for Services a. Variable Cost Component. The Town agrees to pay the City annually during the term of this Agreement a Variable Cost Component which is intended to pay for a share of the operating costs needed to provide service under this Agreement. The amount of the Variable Cost Component for each year shall be determined annually and provided to the Town not later than October 15 of each year according to the following formula: The following percentages relate specifically to the Town in relation to the entire territory to which the City provides fire services as the primary service provider. The Town' s Allocation percentage for the following year shall be determined as ofAugust 31 of the preceding year. 2 Annual fire service calls to the Town. This includes all calls for service for which there is a dispatched response calculated by averaging the total number of such calls within the town over the previous 3 full calendar years and dividing by the total number of calls handled by the department during the same time: Total equalized value of all property within the Town: Equalized value shall include the total equalized value of the Town as a percentage of the total equalized value of the entire service territory inclusive of Tax Increment Financing districts as most recently determined by the Wisconsin Department of Revenue: Population of the Town. Total population of the Town as a percentage of the total population of the entire service territory as estimated by the Wisconsin Department of Administration most recently before the date of the calculation: Total % Divide by Town Allocation % Net Fire Operating Budget x Town Allocation % _ Town Variable Cost Component The total Net Fire Operating Budget shall contain the revenues and expenses for the Department' s operation in the succeeding year, including insurance costs and expenses associated with the repair, maintenance, and replacement for any equipment with a life expectancy of five years or less. Revenues shall include all funds other than general fund appropriations received or to be received by the City as a result of fire department operations plus any operating budget surplus from the previous year, whether or not carried over as an appropriation to the Fire Department in the budget at issue. Revenues shall be reduced by any operating budget shortfall from the prior year. Revenues received by the City and Town in the form of building permit fees are revenues of the Municipalities and shall not be included in the total Net Fire Operating Budget. Fees received by the City and Town for the State Fire Insurance Dues rebate ( Fire 2% Dues) shall be forwarded to the City within thirty days of receipt and shall be included as revenues in the calculation of the total Net Fire Operating Budget. b. Fixed Cost Component. The Town agrees to pay the City annually during the term of this Agreement a Fixed Cost Component which is intended to pay for a share of the costs for major capital equipment and apparatus needed to provide service under this Agreement. The amount of the Fixed Cost Component shall initially be set at 30,000 for 2014 and shall be adjusted annually by the change in the Consumer Price Index for All Urban Consumers ( CPI -U) for the duration of this Agreement. c. Facility Utilization Cost Component. The City intends to construct a new fire station and EMS facility to house the City of Verona Fire Department and a Fitch -Rona EMS ambulance. The annual cost for the debt service on this new fire station facility shall be the Facility Utilization Cost Component. Pursuant to the Dissolution Agreement, as consideration for the Town' s surrender of its interest in the land, building, and fixtures of the Verona Fire District, the Town shall receive an annual credit equal to the annual Town Facility Utilization Cost Component throughout the initial 30 -year term of this Agreement. In the event this Agreement is extended beyond the initial term, the Town and City shall negotiate an equitable Facility Utilization Cost Component to be paid annually by the Town as a contribution toward the City' s cost of new or renovated buildings and fixtures, considering the extent to which the need for such facilities is created by growth in the City and /or Town, the useful life of the capital improvements involved as compared with the remaining term of this Agreement, the uses other than fire protection for which the facilities are used, any revenue generated by the facilities and the relative benefit to the Town as a result of the capital improvements. Notwithstanding the termination provisions in Section 3 and 13 of this Agreement, within six months after the City has issued to the Town its intitial proposal regarding a Facility Utilization Cost Component to be paid annually by the Town as a contribution toward the City' s cost of new or renovated buildings and fixtures, either party may terminate this Agreement by providing written notice of termination to the other party if the parties have not been able to negotiate an equitable Facility Utilization Cost Component to be paid annually by the Town. However, the termination of this Agreement under the preceding sentence shall take effect no earlier than one year after the non -terminating party receives written notice of termination. d. Impact Fee /Connection Fee. The City is contemplating the establishment of a Fire Impact Fee to help pay for the portion of the cost of a new fire station facility attributable to new development. If the City establishes a Fire Impact Fee prior to the effective date of this Agreement or during the term of this Agreement, the Town agrees to make payments to the City for new development occurring in the Town at the rate of the City' s Fire Impact Fee. Any such payments shall be deemed contributions to capital costs of the fire facilities in addition to any Facility Utilization Cost Component that may otherwise be payable. e. Timing of Payments. The City shall provide the Town with a written claim for the amounts due under this Agreement annually by January 15 of each year. The Town M  shall pay the City 50% of such amount by February 28 of each year and shall pay the remaining 50% by August 31 of the same year. A late fee of 1% per month may be imposed for delinquent payments received after February 28 or August 31. 3. Term This agreement shall commence effective at 12: 01 a.m. on January 1, 2014 and shall continue for an initial term of thirty (30) years ending on December 31, 2043. In the event that either party wishes to terminate this Agreement at the end of the initial thirty 30) year term, such party shall give to the other party eighteen ( 18) months written notice of termination prior to the expiration of the term. If neither party acts to terminate this Agreement within the required time period, this Agreement shall automatically renew for up to two additional five (5) year terms for a maximum term of forty (40) years ending on December 31, 2053, unless terminated with like notice prior to the end of any extension term. 4. Ownership The City owns the buildings and equipment associated with the Fire Department and the amounts paid by the Town do not give rise to any ownership interest in, or responsibility toward, those items. 5. City' s Responsibilities a. Authorize and direct the City fire department to provide the fire -related services described herein to Town' s Service Territory. b. Develop a detailed annual operational budget for the fire department for each year during the term of this contract by October 15 and present it to Town along with sufficient information to explain the items included in the budget figures. c. Upon the Town' s request, provide the Town access to financial and cost data related to the fire department for five years prior to the current service year. d. Disclose to the Town any proposed action the City or the fire department intends to take that can reasonably be expected to effect the Insurance Services Office Fire Protection rating in the Town' s Service Territory or the City' s ability to provide the fire services indicated above. e. Promptly disclose to the Town any information the City can reasonably anticipate will directly affect its ability to perform its obligations under this Agreement. f. Establish and maintain a fire station facility located within the City that is staffed and equipped to provide fire related -services to the Town' s Service Territory. 6. Town' s Responsibilities a. Promptly pay the City the amounts due under this Agreement for the year of service, or a prorated share of such amount for the length of service actually provided if the contract is terminated early. b. Present a budget and levy proposal to the town electors at each annual town meeting during the term of this contract seeking authority to levy funds as needed to pay the amounts due hereunder. c. Promptly disclose to the City any information the Town can reasonably anticipate will directly affect its ability to perform its obligations under this Agreement. It is understood and agreed the Town shall have no responsibility whatsoever toward, or control of, the firefighters or other emergency personnel including any employment related issues such as training, supervision, performance reviews, discipline, compensation, benefits, insurance coverages, compliance with any employment related federal, state, and local laws and rules such as OSHA, ERISA, RLSA, FMLA, or any other employment related issues. It is further agreed the Town has no responsibility, beyond paying the agreed upon amounts hereunder, for acquiring, operating, maintaining, housing, or replacing equipment as needed to provide the fire services described herein. 7. Governance /Administration The City and the Town shall hold at least one joint meeting annually during the term of this contract at least 60 days before its anniversary date to calculate the Variable Cost Component and Fixed Cost Component for the upcoming year, to discuss the Town' s satisfaction with the service provided during the year, and to discuss such other issues as either party deems relevant to this contract. This meeting shall be held separately from any regular City or Town meeting and shall be attended by at least a quorum of each party' s governing body. 8. Insurance Requirements The City shall maintain general liability insurance for its services and shall include the Town as an additional insured for the term of this contract and any extensions thereof. The City shall also maintain automobile and property insurance coverages. The City shall provide the Town proof of such insurance coverages and the additional insured endorsement naming the Town annually by January 1 of each year. The City shall also maintain workers' compensation coverage as required by law. 9. Indemnification The City agrees to defend and indemnify the Town against any claims brought or actions filed against the Town or any officer, employee, or volunteer of the Town for injury to, 0  death of, or damage to the property of any third person or persons, arising from or on account of the City' s actions arising under this Agreement. 10. No Waiver Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Wisconsin Statutes, Section 893. 80 or otherwise. 11. Modification This writing contains the entire agreement between the parties and no alterations, variations, modifications, or waivers of the provisions of this Agreement are valid unless reduced to writing, signed by both the City and the Town, and attached hereto. 12. Subcontracting & Assignment The City shall not subcontract or assign any portion of this contract to another without prior written permission from Town. Services provided to the Town pursuant to a mutual aid agreement the City has, or may enter into, with another entity does not constitute a subcontract or assignment requiring prior approval of the Town so long as the City remains primarily responsible for providing fire- related services to the Town' s Service Territory. The City may enter other cooperative agreements with other municipalities for shared fire departments services including the potential for consolidation into a regional fire service district or other intermunicipal agreement. Such cooperative or consolidation agreements do not constitute a subcontract or assignment require prior approval of the Town so long as the Town continues to receive the fire- related services described in this Agreement through the same entity primarily responsible for providing fire -related service to the City, and the level of service is not materially reduced thereby. 13. Termination This Agreement may be terminated at any time during its initial 30 -year term by mutual agreement of the parties. Either party may unilaterally terminate this Agreement at the end of the initial or extended term by providing written notice as described in Section 3 of this Agreement. Further, upon a material breach of this Agreement by either party, the other party may unilaterally terminate this Agreement 60 days from the date of personal service of written termination notice on the defaulting party. The party seeking to terminate this Agreement shall identify the material breach in its written termination notice. If the material breach described in the notice is one that can be cured, the party receiving the notice shall have 60 days from service of the notice to cure the breach, in which case the notice shall be deemed void. 7  If the Town fails to pay for the service according to the schedule established herein that shall be considered a material breach of this Agreement. The Town shall be responsible for the payment for services for the period up to the effective date of termination. 14. Service Contract This is a service contract. The parties do not intend to undertake or create, and nothing herein shall be construed as creating, a joint powers agreement, joint venture, or joint enterprise between the parties. 15. Wisconsin Law Governs This contract shall be governed by and construed in accordance with the laws of the State of Wisconsin. All proceedings related to this contract shall be venued in the State of Wisconsin. 16. Severability The provisions of this contract shall be deemed severable. If any part of this contract is determined by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, such determination shall not affect the validity and enforceability of the remainder of this contract. In the event of such a determination, the parties shall meet and negotiate in good faith for an amendment to this Agreement to replace the invalidated provisions with enforceable provisions facilitating the intent of the invalidated provisions to the extent possible, and /or making equitable adjustments to the monetary terms to reflect the essence of the bargain reached by the parties as closely as possible. 17. Correspondence All written correspondence relating to this Agreement shall be delivered by courier or certified mail to the official representatives of each party. The official representative for the City shall be: City Administrator 111 Lincoln Street Verona, WI 53593 The official representative for the Town shall be: Town Administrator 335 N. Nine Mound Road Verona, WI 53593 Either party may change its mailing address by providing written notice to the other party.  IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. Signed this 1a 4h day of 40rij , 2013 By: ` e—fD (M David Combs, Town Chairperson Town of Verona _ I Attest: 1oh Night, Town Clerk ToAAn ofVerona By: 4", on Hochkammer, Mayor City of Verona Attest: r lw'- I' Kami Lynch, Ci C rk City of Verona ij