Alderman Berg's personal commentary on the item, if any, appears in this typeface. Alderman Berg takes sole responsibility for the comments and they might not represent the official policy of the City of Brookfield or the opinions of other individual alderman.

THESE ARE THE MINUTES OF A REGULAR COMMON COUNCIL MEETING HELD AT 7:45 P.M., TUESDAY, MARCH 2, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

COUNCIL PRESIDENT STEVEN PONTO PRESIDING in the absence of Mayor Jeff Speaker

ALDERMEN PRESENT: Gary Mahkorn, Scott Berg, Cindy Kilkenny, Jack Shaw, Karl Schulz (via teleconference phone call), Kari Clappier, Brad Steinke, Thomas Schellinger, Jim Garvens, Jim Heinrich, Jerome Wolff, Richard Brunner

ALDERMEN ABSENT & EXCUSED: Mike Franz

ALSO PRESENT: Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Interim Chief of Staff/Director of Facilities & Inspection Services Dean Marquardt (appointed during the meeting as Director of Administration), Director of Finance Robert Scott, City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Information Technology Fred Miller, Economic Development Coordinator Pat Drinan, Police Chief Dan Tushaus, Director of Human Resources Jim Zwerlein, Attorney Vince Moschella

Council President Steven Ponto called the meeting of the Common Council to order at approximately 8:37 p.m.

Mayor Speaker was ill so the Council President becomes the meeting chairman.  In this case, he does no vote except to break a tie and, by tradition, does not participate in the debate.

(Two public hearings were heard previously – a 2nd rehearing notice of the rezoning of the Fountain Square development and rezoning of From Hair On/Schwalbach.) Two people spoke from the audience during the 15 minute segment set aside for the citizens to address the Council regarding the proposed Shire subdivision and the Superfund site. A petition was submitted containing 300 signatures against the proposed Shire Residential Development/Waste Management Superfund landfill site.

The next Common Council meeting is scheduled for March 16, 2004.

Alderman Jerry Wolff led the Common Council in the Pledge of Allegiance to the American Flag.

Alderman Heinrich moved approval of the Regular Common Council meeting minutes of February 17, 2004. The motion was seconded by Alderman Garvens and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

FINANCE COMMITTEE

Alderman Garvens moved approval of the Vouchers exceeding $50,000 requiring immediate action. The motion was seconded by Alderman Berg and carried unanimously.

LEGISLATIVE & LICENSING COMMITTEE

Alderman Clappier moved approval of eight original Bartender Licenses (see Legislative and Licensing Agenda for names). The motion was seconded by Alderman Shaw and carried unanimously.

PARKS AND RECREATION COMMISSION

Alderman Schellinger moved approval of the Resolution awarding the contract for the Greenway Trail Bridge Construction Project (#PR-01-04) to Great Lakes Marine Contracting, Inc. in the amount of $54,558 with the City to directly purchase the specified pre-fabricated pedestrian steel bridge in the amount of $50,000 as indicated in the bid proposal as a deduct. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7196-04*

COUNCIL AS A WHOLE

Alderman Heinrich moved approval of the Resolution commending David Golner for 29 years of service upon his retirement to the City of Brookfield Highway Department. The motion was seconded by Alderman Clappier and carried unanimously. Resolution No. 7193-04*

Alderman Heinrich moved approval of the Resolution commending Detective Thomas C. Hudock on his 25 years of service to the City of Brookfield Police Department. The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 7194-04*

Alderman Heinrich moved approval of the Resolution commending Surveyor James F. Dwyer on his 25 years of service to the City of Brookfield Survey Division of the Department of Public Works. The motion was seconded by Alderman Clappier and carried unanimously. Resolution No. 7195-04*

COUNCIL LEADERSHIP TEAM

The next item was the report of the Council Leadership Team regarding proposed administrative organizational design. Alderman Garvens moved approval of the following four items as a package. The motion was seconded by Alderman Schulz.

(a) Ordinance amending Ordinance No. 1938-03, the Positions Ordinance, to add the new position of Director of Administration and to delete the positions of Chief of Staff and Director of Facilities and Inspection Services.

(b) Ordinance amending Section 2.76.020 Q. of the Municipal Code exempting the title of Director of Administration from Civil Service, and to delete the reference to Director of Facilities and Inspection Services.

(c) Ordinance amending Ordinance No. 1936-03, the Salary Ordinance, placing the title of Director of Administration in Salary Grade 14 of the Management Pay Plan.

(d) Resolution approving the appointment of Dean Marquardt to the position of Director of Administration subject to the terms and conditions set forth by the Council Leadership Team (copy of proposed appointment is attached to the resolution).

Alderman Berg moved to divide the question to items "10 a-c" and "10d". The motion was seconded by Alderman Kilkenny. The vote to divide the question carried; Ayes 7, Nays 5 with Aldermen Wolff, Garvens, Shaw, Schulz and Schellinger voting nay.

The motion as presented created a position and appointed a person to it.  Ald. Berg believes strongly in creating a specification for what is needed, then entering a competitive  process to find the best person.  The specification was so specific as to have only one possible candidate.  By dividing the motion, it was possible to indicate disapproval for the process.

Had Council President Ponto not been chairing the meeting, he undoubtedly would have voted NAY, since he chaired the committee that he appointed that created this resolution. 

Note that while Ald. Clappier was a member of the leadership team that drafted this proposal, she was willing to open it to scrutiny.

Ald. Schellinger voted NAY because he took the more radical position of wanting separate votes on all four points.

A roll call vote was taken on Items 10 a-c and carried Ayes 8, Nays 4 with Aldermen Steinke, Kilkenny, Berg, and Schellinger voting nay.

The four NAY votes show who felt the process was flawed that and that a chance for real improvement was lost.

Item (a) - Ordinance No. 1951-04*
Item (b) - Ordinance No. 1952-04*
Item (c) - Ordinance No. 1953-04*

Alderman Steinke moved to amend the language of the Appointment Letter as per Item 10d, the last sentence in item three to read as follows: “Recommendation for termination requires a three-fourths confirmation by the Common Council”. The amendment was seconded by Alderman Kilkenny and carried unanimously.

Alderman Heinrich requested a roll call vote for Item 10d as amended. Item 10d carried Ayes 11, Nays 1 with Alderman Schellinger voting nay. Resolution No. 7197-04*

At this point, the new position was created, like it or not.  An alderman's duty now shifted to making the best appointment possible.  There was no question that Dean Marquardt was that person, since the position description was written for him.

Alderman Garvens moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 9:45 p.m.
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Kristine A. Schmidt, City Clerk


* May be viewed in the City Clerk’s Office.