By Lynn Binnie
Whitewater Banner volunteer staff
whitewaterbanner@gmail.com

The Whitewater Aquatic and Fitness Center (WAFC) has been operating for three years without the benefit of the necessary agreement between the City of Whitewater and the Whitewater Unified School District (WUSD). The Common Council and the School Board began the negotiation process towards executing a new agreement on March 2, 2023. Although at an October 11 joint meeting both entities expressed the view that an agreement could likely be consummated as soon their respective legal counsels completed their review, it appears that the parties are still not ready to sign what was proposed to be a five year contract.

On December 19 the Banner received from WUSD the press release that is provided below.

WUSD Board Learns of Changes to Aquatic Center Agreement

WHITEWATER, WI — During its December 18 meeting, the Whitewater Unified School District School (WUSD) Board learned of proposed changes to prior publicly negotiated agreements with the City of Whitewater Common Council regarding operations expenses of the Whitewater Aquatic and Fitness Center.

In joint meetings of the WUSD School Board and the City of Whitewater Common Council, the Boards agreed to operations and capital funding responsibilities. Specifically, it was openly agreed that the Common Council would be responsible for operational surplus/deficits and WUSD would add additional funding towards capital maintenance. “The board is disappointed to learn that the city is trying to make material changes to provisions that both boards had agreed upon,” said Board President Larry Kachel. 

The Board is seriously considering seeking arbitration after the new year, should the City of Whitewater Common Council be unwilling or unable to meet with representatives of the WUSD School Board before that time.

The Banner provided the Common Council President, James D. Allen, the opportunity to comment on the WUSD press release. No response has been received. The Banner also reached out to the Office of the City Manager, and the following response was received.

City Manager’s Office Remains Committed to WAFC

Dear Common Council & Community Members,
In response to the recent press release issued by the Whitewater Unified School District (WUSD) regarding the Whitewater Aquatic and Fitness Center (WAFC) agreement, the City Manager is clarifying his stance and actions taken in this matter.

In this context, it’s important to address recent actions by the School Board President. Recently, there were attempts to engage in individual discussions with members of the City’s elected body, outside formal public meetings. When the appropriateness of these private discussions was questioned via email by the City Manager, efforts were redirected toward a public strategy. This public approach, however, appears to misrepresent the sequence of events and the nature of the changes proposed to the WAFC agreement.

A review of the publicly available documents and video very quickly and effectively demonstrates the accuracy of the public negotiations.

On October 11, 2023, at the last joint meeting of the WAFC, which included the full governing bodies of both WUSD and the City, the City Council unanimously voted to approve a version of the WAFC contract. In contrast, the School Board did not, and their President indicated that any modifications from WUSD would be minor. However, as our legal counsel, Mr. Smith has clearly outlined in his memo in the November 7th Common Council packet, the changes subsequently made by WUSD were not minor but substantive, writing: “My recommendation is to come to a fair agreement regarding the scheduling and use of the WAFC, with either party paying for any operational cost overruns it may cause.”

With the City having agreed in its approved document to absorb any financial overages, any further modifications need to be met with additional resources or additional concessions, as outlined in Mr. Smith’s publicly available document to the City Council. In short, the public and WUSD had this information long before the most recent statement by WUSD.

The City Council, after openly reviewing Mr. Smith’s memo, convened in a closed session on November 7 and directed Mr. Smith to engage in negotiations addressing these material discrepancies. This step underlines our commitment to professional, legal mediation, and our responsibility to the City and its taxpayers. It was during this process that the School Board President began to approach individual members of the City’s governing body to discuss portions of the negotiations that were discussed in respective closed sessions as well as items that only would have been carried forward by Mr. Smith to the legal representatives of WUSD.
In light of this, I find it necessary to address the public narrative now being shaped by WUSD.

The City Manager’s office and the staff have always prioritized transparency and accountability. In line with this, my office has released all relevant documents, including those highlighting the initial and significant alterations made by WUSD to the City Council-approved agreement.

As City Manager, I remain focused on navigating these negotiations with the utmost professionalism and diligence and I will continue to provide updates as the City and WUSD work towards a resolution. The Common Council will be reviewing this topic with legal counsel at the January 16, 2024 meeting to try and find common ground so as to put this matter behind us and return to the successful operation of the WAFC.

Regards,
John S. Weidl, City Manager

The Banner provided WUSD School Board President Larry Kachel with the above response from the city manager.

Larry Kachel provided the following response to the Banner: “I just want to get the deal done, and I believe we will, but there has been a small wrench thrown in the works.”

Previous Banner posts on this subject may be found here:

“Aquatic Center Operating & Lease Agreement Negotiations Between WUSD & City Continue” – March 1
“City and School District are on Different Pages as Aquatic & Fitness Center Negotiations Commence” – March 24
WUSD Issues Statement on WAFC Agreement; City Manager Responds – May 15
“Weidl Suggests City Might Discontinue Aquatic Operations & Only Run a Fitness Center” – June 5
“Council and School Board Try Again Monday to Ink a New WAFC Agreement” (Updated) – August 20
“Council & School Board Reach Agreement on New WAFC Contract” – August 29