Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin
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Dueling Minutes for May 3, 2005
Normally, reading council minutes is even more dull than watching the meeting.  However, the minutes for this meeting are a bit more revealing.

Remember, of all the people involved, only one is running for mayor.  What does this say about that person's behavior when "nobody's looking"?

Back to May 3, 2005


Before any minutes were published, this set of emails were exchanged.  Emphasis was added to some sections for this web page.

----Original Message-----
From: Scott Berg [mailto:scott@scottberg.com]
Sent: Thursday, May 05, 2005 7:08 AM
To: Schmidt Kris; Tadych Renee
Cc: Marquardt Dean; Moschella Vince
Subject: Council minutes 5/3/05

Kris -

There were a couple of key points at the Council meeting of 5/3/05 that I would like incorporated in the minutes.

First, my recollection of the two votes on the Finger annexation is that they were both 13-0-1 with Ald. Kilkenny abstaining. I believe this was mis-reported in yesterday's MJS and want to make sure the official record is clear.

Second, and I don't think this is the usual practice, I want Ald.  Kilkenny's point of order noted. It was requesting that comments on a possible fire station on Capitol Drive be stopped due to not being explicitly stated on the agenda. Parliamentarian Moschella ruled that the comments were in order.

Thank you.

Scott A. Berg
Alderman, 5th District

This was the Clerk's reply:

From: Schmidt@ci.brookfield.wi.us [mailto:Schmidt@ci.brookfield.wi.us]
Sent: Thursday, May 05, 2005 8:26 AM
To: Scott Berg
Subject: Re: vote on finger annex

Sorry, I was out of the office yesterday at a Clerk's meeting.  No one voted "Nay"  I only have Alderman Kilkenny abstaining.  You were sitting next to the phone, unless you heard something different from Alderman Blackburn, I didn't hear any "nays".

I guess we could put the point of order in the minutes as it is a motion of information, since we only put in motions in the minutes.  I haven't even worked on the minutes as yet.  I will finish them today.

Kris Schmidt
City of Brookfield
2000 N. Calhoun Road
Brookfield, WI  53005
262-796-6653
email:  schmidt@ci.brookfield.wi.us
Fax:  262-796-6671

Here was Ald. Berg's follow-up, including his rational for the change.  Note that the press is not infallible.  The "15th alderman" refers to a child in the gallery shouting "Aye!" when a vote was taken from the 14 alderman.

-----Original Message-----
From: Scott Berg [mailto:scott@scottberg.com]
Sent: Thursday, May 05, 2005 8:40 AM
To: Schmidt@ci.brookfield.wi.us
Subject: Re: vote on finger annex

Hi!

I was confused. It was Wednesday's Freeman that reported the 12-2 tally. The MJS had the correct vote. At least they didn't report the "15th alderman"!

Thank you for accommodating the point of order. In my mind, it is in the same class as a motion to table, since an adverse ruling could stop or otherwise shape a discussion that could lead to action.

Thanks!

Scott


With Ald. Berg's request in mind, the original preliminary minutes had this section.  Note the part shown here in boldface.

17) Items removed from the Consent Agenda:

Plan Commission

6a) • P.C. Item #3: Request of Thomas Finger et al for annexation of 73.2908 acres of territory from the Town of Brookfield, located south of Lisbon Road, east of Lannon Road and directly west of the western City limits.

The Plan Commission recommended to approve the annexation petition and establish a temporary zoning of "R-2" (not "R-3" as stated in the staff report) single-family residential.

Alderman Kilkenny raised a point of order relative to the discussion of fire service to the new parcel straying from the agenda item. City Attorney Moschella agreed there was relevancy to the issue at hand, i.e. services to the annexed area.

Alderman Mahkorn moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Owen and carried Ayes 13, Nays 0 with Aldermen Kilkenny abstaining.


And that's when things started getting strange.  Upon receiving the draft minutes, there appears to have been an email from Ald. Kilkenny to the City Clerk to the effect  of (the actual email is not available):

Why is my over-ruled point of order in the minutes?  It makes me look like a fool by trying to stifle a legitimate aspect of the topic under discussion.  You haven't documented any of my other unsuccessful efforts to control the meeting without being the chair.

Again, the actual email is not available.

That lead to this reply from City Clerk Schmidt to Ald. Kilkenny.

From: Schmidt@ci.brookfield.wi.us [mailto:Schmidt@ci.brookfield.wi.us]
Sent: Monday, May 16, 2005 11:08 AM
To: Cindy Kilkenny; Moschella@ci.brookfield.wi.us; scott@scottberg.com
Subject: RE: May 3rd minutes

There was a request to include the point of order.  Since it is a motion from Robert's Rules, I included it.  I would not have included any other comments as these minutes are published and we try to keep our publication budget down.  It almost seems superfluous as the meeting is on tape.   To be perfectly honest, this whole thing is being blown way out of proportion.

Kris Schmidt
City of Brookfield
2000 N. Calhoun Road
Brookfield, WI  53005
262-796-6653
email:  schmidt@ci.brookfield.wi.us
Fax:  262-796-6671

That led to the following from Ald. Kilkenny:

From: Cindy Kilkenny [mailto:aldermankilkenny@wi.rr.com]
Sent: Monday, May 16, 2005 11:51 AM
To: Schmidt@ci.brookfield.wi.us
Cc: Moschella@ci.brookfield.wi.us; scott@scottberg.com
Subject: RE: May 3rd minutes

Well, I’ll assume since Scott Berg was copied on the last e-mail that he was the one that made the request. Can someone please confirm that? In fact, if there’s an e-mail, will you please forward his request?

I request we maintain protocol as established and not include the point of order. If Berg wants it in he can manage the politics from the Council floor to change the “official record.” If you have to include it, then we can at least get it right. I’ll agree to the revision Kris proposed:  "City Attorney Moschella requested that Alderman Berg, 'Wrap it up'." In place of “City Attorney Moschella agreed there was relevancy to the issue at hand, i.e. services to the annexed area.”

I didn’t start it, but I’ll certainly defend myself on this issue. Just let me know by the end of the day so I can prepare my approach for the Council if I have to defend myself there. Sorry about all this, but there’s obviously something going on here.

Cindy


The final official minutes went like this.  Note the part shown here in boldface.

The final official draft:

17) Items removed from the Consent Agenda:

Plan Commission

6a) • P.C. Item #3: Request of Thomas Finger et al for annexation of 73.2908 acres of territory from the Town of Brookfield, located south of Lisbon Road, east of Lannon Road and directly west of the western City limits.

The Plan Commission recommended to approve the annexation petition and establish a temporary zoning of "R-2" (not "R-3" as stated in the staff report) single-family residential.

Alderman Kilkenny raised a point of order stating the discussion of fire stations strayed from the agenda item. City Attorney Moschella requested that Alderman Berg, “Wrap it up” relative to his comments on the fire stations.

Alderman Mahkorn moved to adopt the recommendation of the Plan Commission. The motion
was seconded by Alderman Owen and carried Ayes 13, Nays 0 with Aldermen Kilkenny abstaining.


Since Ald. Berg had already posted the preliminary minutes on this web site, Ald. Kilkenny felt compelled to send this note. Note the whole "now you know that I now what you wrote and I changed so I'm better than you are.  Nyah, nyah, nyah!"  So, are these minutes of an official government meeting or a personal power trip?

From: Cindy Kilkenny [mailto:aldermankilkenny@wi.rr.com]
Sent: Wednesday, May 18, 2005 8:05 PM
To: scott@scottberg.com
Cc: Moschella@ci.brookfield.wi.us
Subject: Minutes from 5/3/05

5/18/05

8:00pm central

 

Alderman Berg,

 

Since the DRAFT minutes published 5/13/05 that are posted on your Web site from 5/3/05 are no longer viable, perhaps you will be kind enough to replace those the minutes that were approved at the Council meeting on 5/17/05. I’ve attached a copy for your convenience.

 

Cindy

Alderman Cindy Kilkenny

2nd District, City of Brookfield

262-783-9824

aldermankilkenny@wi.rr.com 


So, what should we make of all this?  Well, here are some thoughts:

  • The meeting minutes are not a verbatim transcript. Many important statements are made throughout the meeting that are not recorded in the minutes. 

  • The minutes do meet their most important goal: to accurately record formal actions (votes) of the Council.

  • Was Ald. Kilkenny's point of order intended to reign in some abuse of power or was it just to compensate for a feeling of irrelevance?

  • Having a video recording and telecast of the meetings has changed the rules, allowing the public to judge for themselves which aldermen have something to say and which only want to stifle every word not meeting her or his approval.