Com of the Whole Mts 3/1/2011

Minutes of the Committee of the Whole meeting held on Tuesday, March 1st, 2011 pursuant to notice duly given.

1. Mayor Fulton called the meeting at 6:00 p.m.
2. Roll call: Mayor Fulton, Ed Young, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Jim Stiloski, Jack Maas and Atty. Calvert. Excused: Roger Reed and Terri Berth.
Also present: Jack Mlnarik, Fire Chief and Linda Belongia Administrator and as recording secretary.
3. Moved by Maas seconded by Doeren to approve of the agenda as presented.
Motion carried upon verbal voice vote. 8 ayes
4. Public appearances/correspondence:
a. Comments from Atty. Calvert regarding approval of minutes. Atty. Calvert stated a couple of meetings ago we had an issue regarding the Industrial Development Commission minutes; Atty. Calvert stated minutes can only be approved by the appropriate committee/commission…not every council member attends all meetings, so how can council approve of minutes they weren’t at…so on future council agendas will be an item that will state: approval of Com of the Whole, Council and any Special Council meetings. Belongia stated for the Com of the Whole agenda’s a copy of any minutes from the previous months meetings will be provided as “correspondence” so the alderpersons can see any discussion and how the motion was arrived at; Schreiber questioned i.e. on utility commission minutes, what if there is an error and the minutes are corrected, how does council see that; Belongia stated that the minutes are typed as taken by the recording secretary; if there is any correction, that committee/commission will review and either approve and/or make amendments of correction at their next meeting; that will then be reflected in those minutes and a copy would be provided to the com of the whole for the next meeting.

b. Mayor stated the correspondence from Robert J. Mommaerts was mailed to every alderperson regarding the recent smoking prohibited ordinance council recently adopted; Jim Stiloski stated if Mr. Mommaerts wants to challenge the city he can take the issue to court; Maas felt the correspondence should have been directed to PFC; Jim Stiloski disagreed as it was council who created the ordinance;

c. Mayor stated the letter from the Bay Lakes United Educations was sent to himself as Mayor and Council President Jack Maas; Jim Stiloski stated the major employers in the City of Oconto are KCS, Int’l; Oconto County and the Oconto Unified School District.

d. Belongia provided copies of the League Newsletter and Capital Buzz.

5. Discussion/recommendation on:
a. Petition from residents in the City of Oconto to implement/impose a program or ordinance to address the property damage done by the deer population in the City of Oconto.
Mayor Fulton stated he talked to concerned citizens regarding the problem and asked them to present a petition, which we now have; Mayor referenced that Alderperson Schreiber has contacted the DNR regarding this; Zahn stated the county has a deer abatement program; Mayor stated we will address the issue the best we can; Jim Stiloski stated the signers of the petition will see the deer population diminish over the next couple of years; Schreiber stated he spoke with John Huff, DNR from the Peshtigo office…and they have a Urban Wildlife Assistant Grant;
Moved by Schreiber seconded by Doeren to recommend to Council that the Mayor contact John Huff at the DNR to see what is available.
Motion carried upon electronically recorded vote. 8 ayes 2 excused.

b. Mayor stated he asked our city engineer for a timeline for the Brazeau/Smith/Business 41 project…a copy was in the packets…feels Mr. Mommaerts is very close to being on schedule…could require either a combination meeting with BPW, Utility and Council to get approvals, etc to keep on schedule; Mayor stated it is most cost effective to do the engineering in house;
Moved by Maas seconded by Doeren to recommend to Council approval of the timeline presented by Robert J. Mommaerts, P.E., Director of Public Services for the Brazeau/Smith/Business 41 project and work with him if he needs any help to get this done.
Motion carried upon electronically recorded vote. 8 ayes 2 excused.

c. Moved by Schreiber seconded by Wittkopf to recommend to Council approval of the listing of applicants for an operator’s license, contingent upon completion of the required operators training course.
Motion carried upon electronically recorded vote. 8 ayes 2 excused.

d. Moved by Wittkopf seconded by Zahn to recommend to Council approval of awarding the 2011 Fuel contract to Staidl Oil LLC.
Motion carried upon electronically recorded vote. 8 ayes 2 excused.

e. Discussion on recommendation from Finance regarding purchase of truck for the park/rec dept with budget funds for $7,000.
Maas stated the additional fees of $247.50 will be taken from the Park & Recreation budget.
Moved by Wittkopf seconded by Wittkopf to recommend to Council approval of a truck for the Park/Rec dept.
Motion carried upon electronically recorded vote. 7 ayes; 1 no: Jim Stiloski and 2 excused.

f. Moved by Doeren seconded by Zahn to accept amended recommendation from Finance and recommend to Council application for a grant for $15,000 from the Leon H. and Clymene M. Bond Foundation, Inc., for a fish cleaning station.

Discussion. Mayor stated there will be no matching funds; Wittkopf questioned if additional funds, i.e. $2,500 would be needed where would those come from? Mayor stated at this point we don’t know what the shelter will cost, or running utilities to this station…some unknowns;
Motion carried upon electronically recorded vote. 8 ayes 2 excused.

g. Discussion on recommendation from Finance regarding license/permit for Mystic Fireworks, Inc., Five Star Fireworks for $5,000 for the 2011 4th of July display; Maas questioned if we will get a contract? Wittkopf questioned if the Fire Dept will be there to help? Chief Mlnarik stated definitely the dept would be involved;
Moved by Wittkopf seconded by Maas to accept recommendation from Finance and recommend to Council approval of Mystic Fireworks Inc., Five Star Fireworks for the 2011 4th of July display at a cost of $5,000.00.

Discussion. Zahn questioned time and quality of display; Mayor stated we will get more information.

Motion carried upon electronically recorded vote. 7 ayes; 1 no: Joe Stiloski and 2 excused.

h. Moved by Maas seconded by Young to accept recommendation from Finance and recommend to Council approval of the listing of accounts payables for $1,408,882; payroll for $122,566.59 and financial reports.
Motion carried upon electronically recorded vote. 8 ayes 2 excused.

i. Moved by Wittkopf seconded by Young to accept recommendation from BPW and recommend to Council approval of the request for use of the Brewery Pit for ATV training April 16, 2011 8:00 a.m. – noon. This training has been conducted in this area for several years and is a DNR Safety sponsored course.
Motion carried upon electronically recorded vote. 8 ayes 2 excused.

j. Moved by Wittkopf seconded by Jim Stiloski to accept recommendation from Wage & Personnel and recommend to Council amending the city attorney ordinance to include that the City Attorney shall perform administrative labor issues and such other duties as designated by the Common Council; amend the salary ordinance to reflect that the City Attorney be paid as a accounts payable vendor for $25,000 and not as a salary; and that a memorandum of understanding be in place between our city attorney and labor attorney in case Atty. Calvert would need to confer with Atty. Kalny.

Discussion. Jim Stiloski stated depends what happens with what’s going on in Madison, may not need labor attorney; Mayor complimented Frank on his assistance thus far; Jim Stiloski…surprised Atty. Calvert is doing it so cheap;
Motion carried upon electronically recorded vote. 8 ayes 2 excused.

k. Moved by Jim Stiloski seconded by Zahn to accept recommendation from Wage & Personnel and recommend to Council approval of the job description for a Limited Term Position for a Recreation Intern which has been budgeted for in the 2011 budget.

Discussion. Jim Stiloski stated this is an intern program through college…student will get credit for working with Kale;
Motion carried upon electronically recorded vote. 8 ayes 2 excused.

6. Next Regular Council meeting, Tuesday, March 8th, 2011 at 6:00 p.m.
7. Moved by Zahn seconded by Schreiber to adjourn. M/C
Meeting adjourned at 6:35 p.m.


Minutes submitted by
Linda M. Belongia
Administrator