February 27, 2023
The Council for the City of Wilton, Iowa met in regular session in the Council Chambers at City Hall on Monday February 27, 2023 Mayor Pro-tem Steve Owens called the meeting to order at 6:00 PM and then led the group in the Pledge of Allegiance. Council Members present: Sheryl Lenker, Bill Voss, and Wayne Budding
The agenda was presented for approval. It was moved by Member Lenker seconded by Member Budding that the agenda be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
The consent agenda was presented for approval. Items included were: Minutes from 2-13-2023 meeting. It was moved by Member Budding seconded by Member Voss that the consent agenda be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
City Administrator Horne informed the Council that the State will be issuing our new tax numbers by March 9th. He reminded everyone that we will have our main budget discussion at the March 27th meeting.
Jeff Horne also reported that after this recent thaw several areas have been spotted that might indicate water main breaks. The City Crews will be watching these spots and will repair them as needed.
RESOLUTION NO. 02272023
A RESOLUTION AMENDING THE PERSONNEL
POLICIES OF THE CITY OF WILTON
WHEREAS, the Council of the City of Wilton has previously adopted a Personnel Policies; and
WHEREAS, in order to provide for certain changes, it is necessary to revise this manual.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WILTON, IOWA
THAT, the following section shall be amended as follows:
SECTION 4 SICK LEAVE
PAID SICK LEAVE
The City recognizes that inability to work because of illness or injury may cause economic hardship. The City also recognizes that employees may require time off to secure necessary treatment for illnesses, injuries, and/or disabilities. For these reasons, the City provides paid sick leave to its full-time regular and part-time regular employees. Paid sick leave shall accrue at the rate of 64 hours (8 Days) a year.
You shall notify your immediate supervisor at least thirty (30) minutes prior to your regular scheduled reporting time if you are going to be absent. Your supervisor may require a doctor’s confirmation of your illness, injury, and/or claim you were under the doctor’s care.
No payments are made for accrued unused sick days at the end of any calendar year or in the event of termination.
Use of paid sick leave shall be granted and administered under the following circumstances:
1. Personal illness or to care for an ill or injured family member. Family member in this instance is defined as a spouse, a child, or a parent.
2. Doctor and dental appointments that cannot be scheduled during non-working hours. When possible, employees shall provide two weeks’ notice to their immediate supervisor
for doctor and dental appointments that are scheduled during working hours. Every effort should be made to minimize disruption to the workday.
3. Sick leave may not be used for cosmetic or elective surgeries.
4. Sick leave shall be chargeable only when used on regularly scheduled workdays or work periods.
Abuse of sick leave or falsification of reasons for requesting sick leave is prohibited and will subject an employee to discipline, up to and including termination of employment. In addition, if the City determines that an employee’s use of sick leave was not justifiable under this policy, the sick leave used by the employee may be charged to vacation or be treated as leave without pay.
An employee who calls in sick without any sick leave available and does not report for duty as scheduled will be considered Absent Without Pay (AWOP) and may be subject to discipline in accordance with the City’s policies.
If an employee is absent for three or more consecutive days a doctor’s note is required to return to work. Where required, the City will consider making reasonable accommodation for any disability you may have in accordance with applicable laws.
Upon retirement, retirees may elect to utilize their remaining sick leave in the following manner:
1) Employees will be able to use 100% of all remaining sick leave for payment of premiums in the City sponsored health care plan.
2) Upon becoming eligible for Medicare, retirees will be able to utilize their remaining sick leave for payment of qualified Medicare Supplemental Insurance.
3) To qualify there must be no lapse in coverage from retirement until Medicare eligibility.
No payment for unused sick leave will be made to employees terminating employment for a reason other than retirement.
This policy does not apply to any heirs or beneficiaries of the employee.
An adjustment from this amendment may be authorized any time at the discretion of the City Council.
This resolution shall become effective immediately upon its passage
After some discussion it was moved by Member Lenker seconded by Member Voss that the sick leave policy resolution be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
MEMORANDUM OF FIRST AMENDMENT TO
WATER TOWER LEASE AGREEMENT
This Memorandum of First Amendment to Water Tower Lease Agreement is dated this 27th day of February 2023 (date of first signature) and made effective this 27th day of February 2023 (date of last signature) between the City of Wilton, with its principal offices at 710 W. 3rd Street, Wilton IA 52778, hereinafter referred to as “LESSOR”, and CommNet Cellular Inc. d/b/a Verizon Wireless, with its principal office located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter referred to as “LESSEE”. LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties” or individually as the “Party”.
1. LESSOR and LESSEE entered into a First Amendment to Water Tower Lease Agreement (the “First Amendment”) on February 27th, 2023 to add a new utility easement. The new utility easement is described in Exhibit “A” attached hereto. The new utility easement will be located at W. Wate Street in the City of Wilton, County of Muscatine, State of Iowa, as shown on the Tax Map of the County of Muscatine as Parcel Number 0301101006 and being further described in Document #2002-09877 as recorded in the Office of the Muscatine County Recorder of Deeds.
2. The terms, covenants and provisions of the First Amendment, the terms of which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of LESSOR and LESSEE.
IN WITNESS WHEREOF, hereunto and to a duplicate hereof, LESSOR and LESSEE have caused this Memorandum to be duly executed on the date first written hereinabove.
After some discussion it was moved by Member Budding seconded by Member Lenker that the amendment to the Water Tower Lease be approved as presented. The vote recorded as follows: Ayes: All Nays: None Motion Carried
Approving Easement 104-108 East 4th Street.
No documentation was available at the time of the meeting; therefore, the recommendation was made to table this easement agreement until another Council meeting to include the required documents.
After a brief discussion it was moved by Member Budding seconded by Member Lenker that the easement agreement for 104-108 East 4th street be tabled. The vote recorded as follows: Ayes: All Nays: None Motion Carried
Agreement with Burbach Aquatics
City Administrator Jeff Horne presented the Council with a presentation from Burbach Aquatics, INC. for professional services for the
City of Wilton and possible Partners regarding the existing Indoor Swimming Pool and other aquatic needs as the project moves forward.
Burbach aquatics, INC was very pleased to submit a proposal understanding that the city is interested in determining the opinion of probable construction cost to repair, renovate or replace the existing indoor swimming pool, related mechanical, electrical, HVAC systems, building and locker rooms to make this facility operation and Code Compliant. This will include the Iowa Department of public Health and ADA Codes, etc. The proposal will provide a technical evaluation of the existing facility to determine what components can be reused, if any, in replacing the existing swimming pool facility. Burbach will work with City officials and staff during Phase 1, Step #1- Technical Evaluation to determine the overall condition and Code Compliance of the facility. During Phase 1, Step #2- Develop new construction program (Feasibility Study), BAI encourages the selection of a Citizen Pool Committee to work with the firm throughout the development of a Site Plan and Opinion of Probable Construction Cost.
After some discussion it was moved by Member Lenker seconded by Member Budding that the City of Wilton enter into an agreement with Burbach Aquatics for Phase 1- step #1 and step #2. The vote recorded as follows: Ayes: All Nays: None Motion Carried
Member Lenker asked if the City was notified ahead of time when the Railroad is carrying hazard materials on the trains when they come through town. Jeff Horne said that the City does not receive notification of what is being transported through town on the trains. In light of the recent derailment situation, Member Lenker wondered what the City has in place for an evacuation plan. City Administrator Horne said that he would contact the Wilton Fire Department and the Muscatine County Emergency system about any such plans that are in place.
The Financial Statements were accepted and placed on file. It was moved by Member Voss seconded by Member Lenker that the total disbursements of $199,487.90 approved by the Finance Committee, be allowed and instruct the City Clerk to pay the same. The vote recorded as follows: Ayes: All Nays: None Motion Carried
No further business, this meeting was adjourned.
City Clerk Kathryn Koele Mayor Pro-tem Steve Owens