Common Council Meeting
Minutes 2012


Tuesday, March 13th, 2012
7:00 PM at City Hall

Members Present: Robert Affeld, Michael Breitweiser, Jason Buske, Roxanne Buss, Daniel Schamberger and Mayor Ron Bosak
Members Absent: Mark Lentz
Also Present: Gladys McKay and Joe Sciascia

The meeting was called to order at 7:00 PM. The Pledge of Allegiance was recited and Roll call was taken.
Buske/Affeld to approve the agenda. Motion carried.
Buske/Breitweiser to approve the minutes from the previous meeting. Motion carried.

Affeld/Breitweiser to approve the minutes from intervening meetings. Motion carried.
Public appearances and citizen comments re: agenda items: None
Buske/Schamberger to approve $23,717.90 in checks, and $375,573.28 in electronic payments. Roll call vote, passed unanimously.

Communications: None

Reports of Officials:
A. Mayor.
April 3rd is Election Day.

B. Clerk/Treasurer.
Draft Financial Statements to review.
Continue Training of Clarity software
Will be alot of system clean up and setting security for user access.

C. Written Reports

  1. Building Permits Report.
  2. Police Department Report.
  3. Juneau Fire and Rescue Report.
  4. Juneau EMS – Report.

Reports of Committees/Commission/Boards:
A. Plan Commission:
1. Chairman Reports. Mayor Bosak
No meeting was held.

B. Finance Committee:
1. Chairman Reports. Affeld
2. Affeld/Breitweiser to approve Resolution 75-2011 (Approve Purchase of Furnace – Community Center). Roll call vote, passed unanimously.
Chad commented that there are lots of issues with the existing heating and cooling of the Community Center. Cheaper to replace than to try fixing it.

3. Affeld/Schamberger to approve Resolution 76-2011 (Approve Carpeting Purchase – Community Center). Roll call vote, passed unanimously.
Ron commented that the flooring needed to be replaced five years ago and it we were finally able to do it.

4. Affeld/Breitweiser to approve Resolution 77–2011 (Approve Lawn Mower Purchase). Roll call vote, passed unanimously.
Affeld commented that the present lawn mower has gotten a lot of hours due to the increase of weed notices.

C. Personnel Committee:
1. Chairman Reports. Buske
2. Buske/Affeld to approve Resolution 78-2011 (Approve City of Juneau Personnel Policies), Exhibit “A”. Roll call vote, passed unanimously.
Gladys commented on the health insurance component.

Joe Sciascia discussed Public Safety Policies regarding the Concealed Carry Personnel Policy. Mayor suggested Joe put something together to present to the Public Safety Committee.

3. Buske/Schamberger to approve Resolution 79-2011 (Approve Hiring Kevin Klueger – Soccer Instructor). Roll call vote, passed unanimously.

4. Buske/Breitweiser to approve Resolution 80-2011 (Approve to Hire Scott Carpenter – Equipment Operator). Roll call vote, passed unanimously.
Ron commented this will bring the Public Works team to full capacity finally.

5. Buske/Breitweiser to approve Resolution 81-2011 (Approve to Hire Mary Schneiter – EMS). Roll call vote, Affeld aye, Breitweiser aye, Buske abstained, Buss aye, Schamberger aye. Motion carried 4-0.

D. Public Safety:
1. Chairman Reports. Buske
First Read Ordinance 202-2011 (Ordinance to Amend to Add to the City of Juneau Ordinance 10.04.020 Speed Limits).
Chief Oestreich reported this was brought up at the Public Safety Committee meeting after hearing from citizens. He has no issue with changing the limit on this stretch of street.

E. Public Works:
1. Chairman Reports. Schamberger
Carpeting has been approved for the Community Center and the Clerk/Treasurer’s office. Custodian application have been forward to the Personnel Committee. Quotes have been received for various parking lot crack repair and sealing.

F. Cable TV:
1. Chairman Reports. Lentz-Absent
Buss/Breitweiser to approve Resolution 82-2011 (Approve Donation to the Juneau Public Library). Roll call vote, passed unanimously.

G. Community Development Authority:
1. Chairman Reports. Mayor Bosak:
Mayor Bosak reported that six new “Welcome To Juneau” signs have been ordered. Working with a company for six new finding signs.

H. Recreation Committee.
1. Chairman Reports. Buske:
March 31 st is the Easter Egg Hunt.

Old Business: None

New Business: None

  1. Buss/Affeld to approve regular bartenders’ licenses for 2011 (Expire June 30 th, 2012): Gil M. Hyde. Motion carried.
  2. Approve Temporary Bartenders’ Licenses (45 days): None
  3. Approve Provisional License for (45 days): None

Affled/Schamberger to adjourn meeting at 7:22 PM.

Minutes Reported By:
Gladys McKay


Tuesday, February 14th, 2012
7:00 PM at City Hall

Members Present: Robert Affeld, Michael Breitweiser, Jason Buske, Roxanne Buss, Mark Lentz, Daniel Schamberger and Mayor Ron Bosak
Members Absent: None
Also Present: Gladys McKay and Joe Sciascia
Sensient Representatives: Sam McCracken and Rick Janes
Arco Murray Construction Representative: John Roche

The meeting was called to order at 7:00 PM. The Pledge of Allegiance was recited and Roll call was taken.

Buske/Schamberger to approve the agenda. Motion carried.
Affeld/Breitweiser to approve the minutes from the previous meeting. Motion carried.
Buske/Schamberger to approve the minutes from intervening meetings. Motion carried.

Public appearances and citizen comments re: agenda items:
Sensient Representative: Sam Mc Cracken, Rick James, and John Roche, agent for ARCO//Murray National Construction. Gave presentation under Mayor’s portion of the meeting when Resolution 65-2011 was introduced.

Affeld/Buske to approve $1,347,015.20 in checks, $10,813.65
in vouchers, and $62,498.40 in electronic payments. Roll call vote, passed unanimously.

Communications: None

Reports of Officials:
Mayor
:
Mayor Bosak explained that the Board of Appeals met last night. Current stack is over 30 years old. The proposed stack will have less emissions. Plan on tearing down some older buildings and will build a new one. Building a back road. Lot 84 is where the building is.

Sam McCracken explained that the liquid yeast is pumped to the plant where it is dried and stored. The DNR has reviewed their proposed stack and needs to meet regulations adopted April, 2011. DNR regulations needed to be met for emissions, height, diameter of the stack to meet certain velocities to disburse the emissions. So at the ground level you’ll get minimal emissions. The height of the stack above the building level will be 113 feet, stack diameter is tapered from 66” at the base to 40” at the very top. Lighting on the top of the stack was required by the FAA. A platform is also placed on top of the stack for air emissions testing required by the DNR. Received positive determination from the FAA on February 19 th, 2012. Their file will receive final approve from the FAA.

Lentz: Inquired about the removal of some trees around the property. Sam indicated that the woods and tree line on the south end will be cleared of some trees. Also will be putting up some sound proofing walls on the east side of the building to deaden some sound.

Doors only on the ground level which will be closed during production. No lights on the outside except those required on the stack.

Sprinkler systems will be installed. Chief Ninmann has already met with them.

In Sensient’s eyes this is considered a “flagship” for them. It will be safe, efficient and aesthetically pleasing.

Rick Janes: All the equipment needed to run the building will be in the building. The cost for this building is $18 million. Estimated 1.2 million for the road access and tearing down the building. $6 million more in upgrades over the next several years.

Mayor: Why did they choose Juneau?

Rick Janes: Juneau has the largest facility. FDA has been pushing to cut back in fats and salt. Yeast extracts fit that bill. Currently out of capacity.

Attorney Sciascia: Explained recommended changed to the resolution.

Schamberger/Buske to amend Resolution 65-2011 (Approve Height Restriction Variance – 330 S. Mill Street) to strike reference to Ordinance 17.04.130 (C)(2) and Ordinance 17.08.690. Roll call vote, Affeld abstained, Breitweiser aye, Buske aye, Lentz nay, Schamberger aye, and Roxanne Buss aye. Motion carried 4-1.

Buske/Breitweiser to approve the amend Resolution 65-2011 (Approve Height Restriction Variance – 330 S. Mill Street). Roll call vote, passed unanimously.

Clerk/Treasurer:
1. Audit of our 2011 activity and financials is currently underway.

2. I will be introducing the new work policies to the general City/Utility employees on Monday, February 20 th. They have been approved by the Personnel Committee and are slated to go to the Common Council meeting on March 13 th.

3. Property tax collections have been turned over to the county. At this time 68% has been collected for the 2011 taxes, compared to previous years: 2010 66%, 2009 66%, and 2008 67%. Upgrade for our computers begins March 1 st. City Hall will be closed on Monday thru Wednesday, March 5 th, 6 th, and 7 th for most of the day. Drop box is available for payments.

Utility Commission President:
Meeting minutes included in this packet. Mayor Bosak indicated that the Utility Commission President will appear as invited.

Written Reports:
1. Building Permits Report.
2. Police Department Report.
3. neau Fire and Rescue Report.
4. Juneau EMS – Report.

Reports of Committees/Commission/Boards:
Plan Commission:
1. Chairman Reports.

Finance Committee:
1. Chairman Reports.
2. Affeld/Schamberger to approve Resolution 66-2011 (Approve To Purchase a Welder – Department of Public Works). Roll call vote, passed unanimously.

Affeld explained the reason for the price difference from the requested amount. Airgas would only hold their price until February 10 th, 2012 and without Common Council approval it cannot be purchased. Hope Airgas holds their price.

Looking at preliminary year end. Some discussion regarding road projects and borrowing.

Personnel Committee:
1. Chairman Reports.
2. Buske/Breitweiser to approve Resolution 67-2011 (Approve To Hire Chad Stange – EMS). Roll call vote. Motion carried 5-0, Buss abstained.
3. Buske/Buss to approve Resolution 68-2011 (Approve To Hire William Montgomery – EMS). Roll call vote, passed unanimously.
4. Buske/Affeld to approve Resolution 69-2011 (Approve To Hire Joe Ludtke – Juneau Fire Department). Roll call vote. Motion carried 5-0, Buske abstained.
5. Buske/Schamberger to approve Resolution 70-2011 (Approve Personnel Committee Policy Substance Abuse & Testing Policy), Exhibit “A”. Roll call vote, passed unanimously.
6. Buske/Breitweiser to approve Resolution 71-2011 (Approve Wage Increases for Employees), Exhibit “A”. Roll call vote, passed unanimously.

Will be interviewing for the Equipment Operator Position.

Public Safety:
1. Chairman Reports.
Jason reported that they will entertain a proposed concealed/carry ordinance next month.

2. Buske/Buss to approve Resolution 72-2011 (Approve To Purchase Hand Guns – Police Department). Roll call vote, passed unanimously.
Ed will be selling the old ones and recoup about 2/3 of the cost.

3. Buske/Affeld to approve Resolution 73-2011 (Approve EMS Officers). Roll call vote. Motion carried 5-0, Buske abstained.

4. Buske/Schamberger to approve Resolution 74-2011 (Approve Appointment of Fire Department Officers). Roll call vote, passed unanimously.

5. Affeld/Schamberger to dispense with the second reading and to adopt Ordinance 201-2011 (Ordinance to Amend City of Juneau Ordinance 5.08.050 Closing hours for “Class A” fermented malt beverage retail licenses). Roll call vote, passed unanimously.

Public Works:
1. Chairman Reports.

Schamberger discussed the welder purchase and will be interviewing for the equipment operator position.

Cable TV:
Chairman Reports: No meeting.

Community Development Authority:
1. Chairman Reports.
CDA is looking at purchasing “way finding” signage for city. Blue on white with black lettering. Working on pricing.

For general information Miller Auto now has a U-Hal rental business.

Recreation Committee:
1. Chairman Reports.
Jason reported that that spring booklet has been finalized.

Old Business:

New Business:
1. Affeld/Buske to approve regular bartenders’ Licenses for 2011 (Expire June 30 th, 2012): Yvonne J. Kerske Motion carried.
2. Approve Temporary Bartenders’ Licenses (45 days): None
3. Approve Provisional License for (45 days): None

 Schamberger/Affeld to adjourn meeting at 7:40 PM.

Minutes Reported By:
Gladys McKay


BOARD OF APPEALS
Monday, February 13 th, 2012
City Of Juneau at 6:30 PM
Sensient Flavors Corporation – 330 Mill Street

Members Present: Dan Wegener, Tom Schulte, Earl Pamprin, Robert Fehrman, Rachel Sharp, and Mayor Ron Bosak
Members Absent: Clarence Treder
Also Present: City Attorney: Joe Sciascia, Sensient Representatives: Sam McCracken, and Rick James, Arco Murray Construction Representative: John Roche
Citizens Present: Timothy Gechas, Brenda Ricco Wagner, Travis Ricco, and Richard Wagner

The meeting was called to order at 6:30 PM and roll call was taken.
Pamperin/Schulte to approve the agenda. Motion carried.

Read variance request in full:
John Roche, agent for ARCO/Murray National Construction has requested a variance to allow for the construction of a 200 foot tall building, plus/minus, at Sensient Flavors Corporation, 330 Mill Street in excess of the 35 feet height restriction per Ordinance 17.08.690. This property is zoning as I-3 (Heavy Industrial).

Entertain questions from the Board to the applicant.

Schultz/Pamperin to open the public hearing portion of the meeting. Motion carried.
(Each member of the public must state their name, address and their relationship to the project).

Any persons wishing to speak against the variance request. (Ask three times.)
Travis Ricco – 263 S. Hyland Street
Richard Wagner – 208 E. Oak Grove Street

Any persons wishing to speak in favor of the variance request. (Ask three times.)
Ron Bosak – 534 Lincoln Drive
Tim Gechas – 149 S. Mill Street

Pamperin/Sharp to close the public hearing portion of the meeting. Motion carried.

Ask for any additional questions from the Board to the applicant.

Pamperin/Fehrman to approve the construction of an 87 foot high building, 52 feet over height variance request. Roll call vote, motion carried 4-0, Wegener abstained.

Any other business: None

Schulte/Pamperin to adjourn Board of Appeals Public Hearing. Motion carried.

Minutes Reported By:
Daniel J. Wegener


Special Common Council
Thursday, January 19th, 2012
6:30 PM at City Hall

Members Present: Michael Breitweiser, Jason Buske, Robert Affeld, Roxanne Buss, Mark Lentz, Daniel Schamberger and Mayor Ron Bosak
Members Absent: None
Also Present: Gladys McKay, Joe Sciascia

The meeting was called to order at 6:30 PM. Roll call was taken.
Buske/Breitweiser to approve the agenda. Motion carried.
Public appearances and citizen comments regarding agenda items: None

Buske/Buss to approve Resolution 64-2011 (Approve Mayoral Appointments – Utility Commission). Roll call vote, passed unanimously.

Affeld asked why the dates of the appointments were structured as to termination of appointment. Mayor Bosak indicated that the citizen member appointments end on October 1 st of their term length per Wisconsin Statute and the Council appointments end with the Council Organizational Meeting each April after elections.

Old Business: None

New Business: None

Affeld/Breitweiser to adjourn meeting at 6:35 p.m. Motion carried.

Minutes Reported By:
Gladys McKay


Common Council
Tuesday, January 10th, 2012
7:00 PM at City Hall

Members Present: Robert Affeld, Michael Breitweiser, Jason Buske, Roxanne Buss, Daniel Schamberger, Mark Lentz, and Mayor Ron Bosak
Members Absent: None
Also Present: Gladys McKay, Ross Canniff, and Joe Sciascia

The meeting was called to order at 7:00 PM. The Pledge of Allegiance was recited and roll call was taken.

Affeld/Schamberger to approve the agenda. Motion carried.
Schamberger/Breitweiser to approve the minutes from the previous meeting.  Motion carried.
Buske/Breitweiser to approve the minutes from intervening meetings.  Motion carried.

Public appearances and citizen comments re: agenda items: There will be a three minute limit as usual. Some people called in we will let those people speak first.
1. Dan Jahnke

Dan: When I called to be put on the agenda I was not told there would be a limit.

Mayor: How long do you think you will be speaking?

Dan: Six minutes

Mayor: Ok

Dan: Thank you very much.

Dear City of Juneau Common Council, I urge you tonight to vote no to the ordinance changing the structure of the Utility Commission. This all came about because you the Common Council voted unanimously that the Juneau Utility Commission not be included in the pay reduction. Because you knew the Juneau Utility Commission was financially strong. This triggered the Mayor to act irresponsibly by coming out and stating that he would not reappoint any of the current commissioners because they were not included in the pay cut. You stated it wasn’t fair that the council and the mayor had to take a pay cut. Well the mayor hasn’t taken a pay cut because it would not go into effect until the next term as well as the council. This decision was made by the Juneau Common Council. The only action that the Juneau Utility Commission did, they went on record not to support the pay reduction because they are financially strong where the city is not. The bottom line is the Juneau Common Council approves all wages and decreases and they all voted not to include the Juneau Utility Commission. So the Mayor blames the Juneau Utility Commission for not being fair, called them selfish and petty. They have no control over their wages. This is the main reason we are in the process of restructuring the Juneau Utility Commission. Because the Mayor has a vendetta against the commission. This was proven at the informational meeting when this all began. The question was raised, why are we doing this and the mayor responded because they won’t take a pay cut. Mac Affeld even stated to the Mayor, if that is the reason why, what if the council voted to include the commissioners in the pay cut so that we can keep things the way they are and move on. They Mayor’s response was no way, it’s too late baby. What kind of a response is that? That remark along with the Mayors original statement he will not reappoint any of the current commissioners because they would not take a pay cut is totally irresponsible. That truly shows what this is all about. This was not brought up as a cost savings project or to get some new ideas. This was the Mayor decided to get even with the Juneau Utility Commission. The Mayor informed just some of the council members that they were hiring an attorney to see what they could do to restructure the Utility Commission. The Mayor stated that he has the right to hire an attorney without the councils’ approval. So how much have we spent so far since this has been going on. The citizens of Juneau have a right to know. The vice president of the Juneau Utility Commission also hired an attorney which he has the authority to do so. We are spending all this money, time and energy for what? Because the Mayor was upset the council did not include the commission in the pay cut. The costs savings idea that came out afterwards is just an estimate. The first years savings is already lost with attorney fees wastefully spent. Do you realize that there may be many more meetings because of the lack of experience? How much are we going to spend to prove a point? I applaud any efforts to save the city money as the city’s financial structure is not solid while the Juneau Utility Commission is. This restructure came about for the wrong reason, it should not be passed. It is truly amazing all of a sudden we want to change the structure of the Juneau Utility Commission. I sat on the Juneau Utility Commission for five years, followed by ten years on the city council ending in 2009. In those 15 years I never heard once of any issues with the commission. Myself along with the council had the upmost respect for the commission as they were a smooth run, financially strong running operation. Their willingness and commitment to do what is best for the City of Juneau was unbelievable. They must have been doing something right. Mayor Ron Bosak kept reappointing the commissioners to their positions. That’s right, the Mayor controls all appointments to the Juneau Utility Commission. So if there were any issues, why did the Mayor reappoint them? According to some people, there are citizens that would like to get on the commission but the current commissioners have been on so long they think it’s a lifelong position. But who controls this? The Mayor. There is also discussion that views of the employees are not listened to or have been discussed at commission meetings. Let me remind you that there is a city council representative and the Mayor at every commission meeting. They can also provide info and discuss issues. So why didn’t they? As you all know it truly takes time to truly understand the Utility Commission. Underneath the new proposed structure it will bring a committee with inexperience and shorter terms. For the appointed commissioners they will need to get reappointed as they will just be learning the business in their final year of the term. As for the two council members they will not even get their feet wet as their position on the council changes continuously. They will not have the time needed to get to know and understand the Utility Commission. Yes we will need to rely on the superintendents knowledge and you should. But the committee itself will not be a solid knowledgeable committee at any time unless you continue to reappoint them. That is why you have such a solid commission today because of experience. The Mayor at any time could have appointed any new commissioners if he wanted to. If the commission is stagnet the Mayor is to blame. If you as the Common Council, City of Juneau would have voted to include in the pay cuts would we be discussing this right now? But the Mayor is seeking to get back at the Juneau Utility Commission and that is the reason that we are here. If you vote yes, in favor of this change, you are telling all of the citizens in the City of Juneau that you support Mayor Bosak’s actions that I call irresponsible. The council needs to vote no, and we all need to move forward and get back to working as a team. The council, the commission, and the citizens of the City of Juneau doesn’t it strike you as odd the restructuring has the full support of all the utility employees? Do you recall commissioners Selchert’s statement last month? Just remember who is running this city. Come years ago Mayor Fabisch tried to abolish the Utility Commission as well. But it took Alderman Druecke and Alderman Drezdon to realize what the Mayor was doing. You all need to realize what you are doing as well. The history of the Juneau Utility Commission was established in 1914. It has been a strong, successful operation for the City of Juneau for the past 98 years. When you are in business for 98 years there must be a reason. There have been many dedicated experienced commissioners appointed over 98 years which has made the Juneau Utility Commission what it is today. A very solid 5 member nonpartisan structure. There hasn’t been any issues with the recent commission with over a hundred years of experience. Experience is worth something isn’t it? When you are in the process of hiring new employees the personnel committee looks to see if they have any experience, don’t you? That is why the Mayor reappointed the current commissioners back to the commission In closing I would like to publically announce the dedication and commitment that the recent Juneau Utility Commission gave the City of Juneau. Under the guidance of Utility Commission President Dan Wegener, Vice President Ross Canniff, Paul Marose, Dave Gratton, Bob Selchert with dedication and respect for their positions where always doing what was best for the citizens of the City of Juneau. I thank you all for the fantastic job you have done. All these commissioners were all appointed by Mayor Bosak. I would also like to thank each and every commissioner that has served the City of Juneau for the past 98 years. Some people have talked about change, that change is good. Things have become stagnet, we need new ideas. If so maybe the citizens of the City of Juneau need to look at the Mayor’s position at the upcoming election as well. I urge the entire Common Council of the City of Juneau to vote no and let’s move on and have the Mayor, the Juneau Common Council and the Juneau Utility Commission work together as a team to make our city better for the citizens as they have for the past 98 years. Thank you.

Mayor: Paul Marose

Paul Marose: I would like to pass as I am taking notes here if that’s alright.

Mayor: Tim Hayden

2. Tim Hayden
The opposition to the Mayor’s plan has yet to explain specifically how restructuring the utility commission will cause it to fail. Because of rules and laws that determine how a water and electric utility is run, it is nearly impossible for it to lose money, much less fail completely, no matter how it is structured.

Dan Jahnke said at the last meeting that it was Ron’s fault that the current utility commissioners are on the commission. This statement stuck with me. Mr. Affeld said in the paper that he would never vote for anyone that the mayor wanted to appoint to replace Dan Wagner. Without the support of the council, the mayor’s recommendation for an appointment to the utility commission does not happen. Therefore, how can it be the mayor’s fault? For the first time in the 14 years I have worked here a mayor has replaced someone on the commission. After he did this it became front-page news of the Independent News, and turned into a giant ordeal. Clearly it isn’t the opinion of the Mayor’s opposition that he should have any power to remove people from the commission. They must feel that once someone is appointed to the Utility Commission, they are to stay on the commission until such time that they themselves decide to step down.

Dan Jahnke also said, “You have these people wasting all their time and energy for $2,000 a year”. Saving $2,000 a year is a waste? If saving $2,000 per year is a waste then why bother with any changes that result in saving less than $2,000 per year. Mr. Affeld reported that the city will be making a change with its insurance that will result in a reduction of $584 per year. Is this also, and I quote “a waste”? I don’t think so. I wonder how much money the city would have to save before Mr. Jahnke would agree that this change is a good idea.

Also, a rumor has been going around that the only reason the employee’s support the Mayor’s plan is that he buys us fish fries for lunch. This rumor is 100% false. The Mayor just picks up the food and we reimburse him. If you don’t believe me, ask Roxanne, she has been to one of these lunches. I think I speak for all the employees when I say that I am appalled anyone would accuse me of taking a bribe, but what is really disturbing is that anyone would believe such an accusation. I do, however, find the timing of this rumor very interesting. We have been enjoying these lunches together for years, and only now that the mayor is looking to change the structure of the utility commission does this accusation come to light.

I would also like to answer a question that Dan Zank asked me while Randy had the floor at the last meeting. Dan asked me, “What are you going to do when Ron doesn’t win the next election?” As threatening as this question appeared to me, I am going to answer it with one word … Nothing…. I feel that because of the changes Ron plans to make it won’t matter who the Mayor is. The Utility will finally be held accountable to the council, rate, and tax payers of this community. I really like the job Ron has done as the Mayor, and I hope he continues to run, but some day he won’t be the Mayor. This change to the structure of the Utility Commission will, however, remain.

Finally, at the last meeting I asked Ross Caniff about a statement he made in one of the articles he wrote in the newspaper. The statement he made was that the MEUW strongly supports the structure of the Juneau Utility Commission as it stands currently. I have done even more research on this and after sending an email to the MEUW, I heard back from Executive Director Dave Benforado. He told me that MEUW does not support any certain structure for Utility Commissions. I regrettably did not allow enough time for Ross to comment on this at the last meeting. I will now turn over the floor to Ross so that I can hear his explanation. I would like to know who he talked to at the MEUW that told him they strongly support the current structure of the commission. After his comments, if you feel you have been misled, ask yourself what else the current commission may have misled you about?

Ross Canniff: I can answer that. It was from a letter from their legal council Boardman Suhr Curry & Field. It was put in the paper in the wrong way. We wanted it published in its entirety and they put parts of it in. I agree that they do not publically support one structure over another .

Tim Hayden: You told me that they support a Utility Commission but that they have lots of different structures.

Ross Canniff: Their legal council is strictly nonpartisan. Ross said that letter was in the Independent paper right Paul?

Paul Marose: I will admit despite our request to publish the letter in it’s entirety. The editor of the Daily Times decided that and he’s the boss.

Tim: I wasn’t talking about the letter from Boardman. I was just talking about the MEUW making a statement that they support a specific structure which they do not.

Mayor: Anyone else wish to speak.

4. Randy Schaefer
The past few months the Juneau Utility Commission has been conducting its meetings with three commissioners. The Mayor’s plan will have five members if it is enacted, three appointed commissioners and two council members. The meetings are currently staying on agenda. The three commissioners are actually discussing issues and making decisions in an orderly and professional manner. I just want to say that I’m not only an employee. I’m also a property owner, tax payer, rate payer, and voter. I think that the Mayor’s plan will put accountability on the Utility Commission and it will save money by eliminating unnecessary repetitive meetings. How much will this save? None of us know right now, but it is a start in the right direction. I encourage you to vote in favor of the Mayor’s plan because as I previously stated, it is already working with only three members. This plan is in the best interest of the city and utility tax and rate payers. I’d also like to state that in these discussions people are always bringing up that council members will not have the time to learn and understand the Utility Commission. You know you guys, I would really be offended because what they are really saying is that you are elected right off the streets to run the entire city operations right from the get go without any previous training. And they are saying that you are too stupid to sit on the Utility Commission. If I were you people up there, I would be awfully upset with that attitude. That’s all I have to say, thank you other than I encourage you to vote in favor of this.

Mayor: Are there any other comments?

Paul Marose: For the record I am Paul Marose, 617 N. Main Street I am a former Utility Commission member, and former city councilman some years ago. I am not here to talk about the merits of the ordinances and resolutions. I did that a couple of months ago. What I want to talk about is what I consider as a matter of fairness. In Ordinance 199-2011 on the second page under section one, sub C. I have read this and I will read it again so we can talk about it. The third sentence begins this way:

Members of the commission shall receive such compensation as may be fixed from time to time by the common council, provided however, that no alderperson or mayor member of the commission shall receive additional compensation for such service, except that they shall be entitled to the per diem rate for utility business not involving attendance at regular meetings.

The reason I bring this up is my reading of this, it’s difficult language to start with. My reading of this tells me that whichever city council members are appointed to the Utility Commission and the Mayor will serve without being paid. The reason I say that is because we have a line here that says that per diem rate but does not involve attendance at regular meetings. The Utility has two regular meetings a month. It says that council members and the Mayor would not be paid for attending those two meetings. Whatever people are paid for these jobs, they don’t do it for the money. But I don’t expect that they should do it for free, unless they volunteer. And we have had that happen. It can happen. Whatever you decide, I suggest, recommend or ask that you clarify this language before you act on the whole ordinance because in the shape it’s in, I think what it does is put the Clerk/Treasurer in a tough spot if someone questions who should get paid and who shouldn’t. So from that standpoint she doesn’t want to be in a jam. Whatever you decide, just make it clear, it should be in writing. That’s all I have to say.

Mayor: What it’s suppose to say is that they are not going to receive anything else except for meeting pay. They are already receiving their pay from the city itself. So how would your reword that.

Paul: Their obviously seems to be some question with that.

Alice: Isn’t meeting pay part of a policy?

Gladys: Yes, what Paul is saying, in my mind as Clerk/Treasurer the council currently gets their annual salary, and that any utility commission or council member that attends meetings gets their $25.00 or $20.00 depending where they are at for meeting pay as per the policy. So as this is written and it’s intention was set that the meeting pay rate again depending where you are at remains constant as is. The salary component is not going to be altered for those alderpersons that would sit on the council and as a rep on the utility commission.

Paul: Just two thoughts. I don’t disagree. If it’s part of another policy and not the ordinance should it be part of the ordinance because once you do that you make it a law. If it’s got to be in the ordinance. I am not arguing whether it should or shouldn’t, just make it clear. Not just for Gladys, down the road there is going to be someone else reading this material that wasn’t sitting here tonight or when it was drafted. I am just asking for clarity.

Gladys: As we pointed out earlier talking, about per diem has the compensatory value of both meeting pay for that day’s pay that is in fact how meeting pay operates and then your business whatever the city would set as a per diem pay if you are out at a meeting. I think that it is very good that you brought it forward so if the councils feels that their needs to be clarification depending on the action that certainly their opportunity. It’s good that you brought it forward.

Paul: Rather than dealing with the statement as a negative, just make it a positive.

Gladys: Or refer to the meeting pay policy.

Mayor: Are there any other comments. OK, approve payment of the checks, vouchers and electronic transfers.

Affeld made a motion to approve the bills, but would like separate action approving the invoice from Vande Zande & Kaufman, LLP . Seconded by Schamberger.

Affeld/Schamber to approve $1,109,233.54 in checks, $4,757.29 in vouchers, and $80,455.07 in electronic payments excluding payment to Vande Zande & Kaufman, LLP. Roll call vote, passed unanimously.

Roll call, motion carried unanimously.

Second part of the motion is payment to Vande Zande & Kaufman for $1,745. From 12-15.

Affeld: The question was brought up here what it costs for the attorney fee for rewriting the Utility Commission restructure. The cost is $1,745.00. I wanted to make sure that everyone knew what it was for rather than passing it without any discussion. I would also like to know from the city attorney if it was legal for the Mayor to hire an attorney without council approval.

Sciascia: I have not been asked ahead of time to research that. There is a statute that covers the city attorney. I believe off the top of my head he did the work in good faith and eventually one way or another he has got to be paid. Whether the council likes the way it went down or not I guess that is for you gentlemen and ladies to decide. But if I try to project what would happen and if a suit were filed, the services were rendered to the council, the council received the benefit for the services I don’t see a court saying sorry you didn’t get a council resolution you’re not going to get paid. I know from common practice in many municipalities that council resolution is not always obtained. Whether it is required by some technicality or not, that I couldn’t tell you. There also was some question about the utility, the utility being a separate body does have the right to hire a lawyer, the city has the right to hire it’s own lawyer. I wasn’t allowed to participate in it one way or the other so both sides had to get their own lawyer. That’s just the way it is.

Affeld/Schambger to approve payment to Vande Zande & Kaufman for $1,745.00 Roll call vote, passed unanimously.

Communications: None

Reports of Officials:
A. Mayor.
1. Buss/Breitweiser to approve to dispense with the second reading and to adopt Ordinance 198-2011 (Ordinance to Amend City of Juneau Ordinance 2.12.060 – Compensation). Roll call vote, passed unanimously.

Buss/Breitweiser to approve to dispense with the second reading and to adopt Ordinance 199-2011 (An Ordinance To Amend Chapter Two Of The Municipal Code of the City Of Juneau Entitled “Boards and Commissions). Affeld would like a clarification on item C. Affeld stated that it does make it look hazy. Also it didn’t appoint a manager. Mayor stated that the manager would be Alice and that no knew positions would be created. Gladys also further explained that the details are in personnel policies and pointed out Resolution #61-2011 that the Common Council would be taking action on also tonight. Roll call vote, passed unanimously.

Mark Lentz: I would like to talk about this chain of events. My name is Mark Lentz, this is my first year on the council. No offense to Mr. Jahnke, I was not on the council prior to this wage reduction that took place last year. I had no part of that. That was before my time. What I would like to say is I talked to a lot of people the last two weeks on the Utility Commission side and on the opposing side that wants this change. I got a lot of feedback from both sides good and bad. I know that there is a lot of finger pointing and there are a lot of personal vendettas out there. Unfortunately that is not the way to run a city. I don’t think it’s right to take things personally. We should run as a city and work together. My decision on the vote tonight is not going to be influenced by people that I talked to on the committees, on the Utility Commission or the other side. I have got a lot of people in my ward I talked to, people that are not in my ward that I have talked to and I am going to listen to the tax payers of the city and what they want and that is how I am going to vote. What they want. Sorry if anyone gets upset, I don’t want my tires slashed or anything like that, I am doing this for what the majority of the taxpayers want. That’s it. Thank you.

Affeld: I applaud you for that Mark but in the same sense. The people that have talked to me about it and I had about 50 people contact me and it’s about 46- 3 against the action.

Mayor: Do those 46 understand exactly what we are trying to do here?

Affeld: Yes, so they said.

Mayor: So three of them didn’t understand.

Affeld: I believe they understood it. I will vote as they have asked me to.

Mayor: As it should be.

Roll Call: Affeld nay, Breitweiser aye Buske aye, Lentz aye, Schamberger nay, Buss aye. Motion carried 4-2.

Buske/Buss to approve Resolution 60-2011 (Resolution To Combine Wards In The City Of Juneau for Election Purposes Whenever Possible). Roll call vote, passed unanimously. Administrative cost savings. Gladys explained that cost savings was the main reason for this resolution.

Buss/Breitweiser to approve Resolution 61-2011 (Approve Compensation for Elected and Appointed Positions). Roll call vote, passed unanimously.

Buss/Breitweiser to approve Resolution 62-2011 (Approve Personnel Committee Policy – Duties of Personnel Committee. Roll call vote, passed unanimously.

Affeld realizes that the Clerk/Treasurer has been called upon to attend and asked if this would be too much of an increase in her work load . Gladys responded that it would better serve the committee to be able to attend. That way if anything needs to be researched it could be done quicker. It’s just a wise choice for the city and utility to be part of that committee.

B. Clerk/Treasurer. – Gladys McKay
Working on year end and starting on new year. Preparing for audit that will be the week of February 14 th. Collecting taxes. There will be no primary election. Working through many changes.

C. Utility Commission President.

D. Written Reports
1. Building Permits Report.
2. Police Department Report.
3. Juneau Fire and Rescue Report. No report.
4. Juneau EMS – Report.

Reports of Committees/Commission/Boards:
A. Plan Commission:
1. Chairman Reports. No meeting was held

B. Finance Committee:
1. Chairman Reports. Gladys gave report. Will be a meeting next month.

C. Personnel Committee:
1. Chairman Reports.
2. Buske/Buss to dispense with the second reading and to adopt Ordinance 200-2011 (Ordinance to Amend to Repeal from City of Juneau Ordinances Chapter 2-12-070 Residency Required). Roll call vote, passed unanimously.
3. Buske/Buss to approve Resolution 63–2011 (Approve Personnel Committee Policy – Residency), Exhibit “A”. Roll call vote, Breitweiser aye, Buske aye, Affeld nay, Buss aye, Lentz aye, Schamberger nay. Motion carried 4-2.

D. Public Safety:
1. Chairman Reports.
2. First Reading of Ordinance 201-2011 (Ordinance to Amend City of Juneau Ordinance 5.08.050 Closing hours for Class A fermented malt beverage retail licenses. Buss read the ordinance.
Fire department and EMS are actively looking for new members.

E. Public Works:
1. Chairman Reports.
No meeting for two months.

F. Cable TV:
1. Chairman Reports.
No meeting.

G. Community Development Authority:
1. Chairman Reports.
Mark Lentz reported that CDA was looking to purchase some signs that would be located on the corner of Oak Street and Hwy. 26 to show where restaurants and businesses. Also looking for sign that would show where City Hall, Dodge County buildings are located. Chamber of Commerce also have made some business brochures that also have the history of the City of Juneau.

H. Recreation Committee.
1. Chairman Reports.
Winter basketball is in full swing. Started to work on spring booklet.

Old Business:
Mayor Bosak thanked everyone for their patience.

New Business:
1. Buss/Breitweiser to approve regular bartenders’ licenses for 2011 (Expire June 30 th, 2012): Jori JoAnn Florez. Motion carried.
2. Approve Temporary Bartenders’ Licenses (45 days): None
3. Approve Provisional License for (45 days): None

Affeld/Schamberger to adjourn meeting at 8:15 PM. Motion carried.

Minutes Reported By:
Gladys McKay