Council Minutes 2/9/2010

Minutes of the Regular Council meeting held on Tuesday, February 9th, 2010 pursuant to notice duly given.

1. Meeting called to order at 6 p.m. by Mayor Nerenhausen.
2. Roll call: Mayor Nerenhausen, Ed Young, Ken Exferd, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Tom Fulton, Jim Stiloski, Jack Maas and Atty. Mraz.
3. Invocation and pledge of allegiance given by Alderperson Wittkopf.
4. Moved by Zahn seconded by Schreiber to approve of the agenda as presented.
Motion carried upon verbal voice vote. 10 ayes
5. Moved by Schreiber seconded by Wittkopf to accept and place on file as typed the minutes as presented.
Motion carried upon verbal voice vote. 10 ayes
6. Moved by Schreiber seconded by Wittkopf to accept and place on file as presented the department reports.
Motion carried upon verbal voice vote. 10 ayes
7. Correspondence/Public Input: Legislative Bulletin; the candidates for the Circuit Judge race, Atty. Conley, Atty. Burke and Atty. Waggoner addressed the council briefly each providing reasons why they feel they are the best candidate for the position;
8. Mayor read aloud the following Consent Agenda: The collection of special assessments will be done per the terms set by the Final Resolution; Approve of listing of carryover accts from 2009 to 2010; Approve of listing of accts payables for $441,359.25; payroll for $195,772.35 and financial reports as presented; Approve of street closures for the annual Copperfest Celebration; Approve of posting of draft Ord. 10-1-27 amending the ordinance to allow for parking on South side of Washington Street from Millidge to Park from No All Day to No Parking from 8 a.m. to 4 p.m. Monday through Friday; Approve of recommendation that all of Business 41 will be redone with all new construction including the extension of Evergreen Road to Business 41 was pulled by Mayor; Approve that all seasonal employees must be City of Oconto residents was pulled by Maas; Approve of Phyllis Murphy and Connie Von Haden be appointed as election inspectors; Approve of an operators license for Michael Gauthier contingent upon completion of the required course and a Temp Class B license to the Oconto Copperfest Committee for June 11th through 13th, 2010.
Moved by Zahn seconded by Schreiber to approve of the Consent Agenda as presented except for the pulling of items “f” and “g”.
Motion carried upon electronically recorded vote. 10 ayes

f. Mayor asked for a motion to refer back to the Board of Public Works the recommendation that all of Business 41 will be redone with all new construction including the extension of Evergreen Road to Business 41, stating the intention from the BPW was not to redo the entire potion, some areas do not have to be redone; Discussion. Wittkopf stated the BPW recommended redoing the entire area; Mayor stated from Main Street North past Wayne’s that portion can just be milled, need to restudy this; Zahn questioned if we couldn’t just put a new layer of blacktop on some of the areas; Mayor stated yes, that’s all some areas will need; Maas questioned what will you do with the rest of the money if we don’t redo the entire area? Mayor stated the money can be used for other road work, such as Cook Avenue, that area needs a lot of work and we’re only getting just over $100,000 for that stretch; Maas stated previously the Mayor stated the money is being given for Brazeau Avenue and must be used on that road; Mayor stated the money must be used for roads, but can let the money sit for 15 years; Exferd stated the consensus of all five BPW members was to redo the entire area; Fulton stated the Mayor mentioned not redoing the entire portion ob Brazeau Avenue will save approx $300,000 or whatever the savings would be, but whatever savings will costs us, referenced Main Street project,…stated the Mayor on that project wanted to do a patch job, would have had a mess…no advantage to short term savings; Mayor stated a resurface will last as long as if we rip everything up…some areas have a good base, so no need to rip that up; Jim Stiloski stated if we are receiving the money for Brazeau Avenue, then the funds should be used for that area;

Moved by Wittkopf seconded by Jim Stiloski to accept recommendation from BPW that all of Business 41 will be redone with all new construction including the extension of Evergreen Road to Business 41.

Zahn questioned if Bob Mommaerts is against redoing the entire area?

Mayor stated yes.

Exferd stated at the BPW meeting Bob Mommaerts was all in favor of redoing the entire areas.

Motion carried upon electronically recorded vote.
7 ayes: Exferd, Wittkopf, Schreiber, Doeren, Fulton, Jim Stiloski and Maas
3 no: Young, Joe Stiloski and Zahn.

g. Discussion on recommendation from Wage & Personnel that all seasonal employees must be City of Oconto residents. Maas asked Atty. Mraz if what we are doing is legal? Atty. Mraz stated if no grant funds are involved with these seasonal employees then he has no problem with what is being recommended; Maas stated if we have experienced seasonal employees who are trained why rehire….keep returnee’s and just new hires should be city residents; Jim Stiloski stated after reviewing the listing of our seasonal employees provided last week, approx 50% are from outside the city and 50% inside….after discussing this with our Park & Rec director, concern issued with getting enough lifeguards to open our pool…but looking down the road, it’s not good that 50% of our seasonal employees are from outside the city…should be city residents paying taxes…getting seasonal positions; Wittkopf stated during the discussion at the Wage & Personnel meeting was brought up only new hires be required to be city residents, but the motion was made that all seasonal employees must be city residents…Wittkopf stated he wouldn’t have a problem with the motion being amended as such;

Motion by Maas seconded by Jim Stiloski to refer back to Wage & Personnel that all seasonal employees must be City of Oconto residents.
Motion carried upon electronically recorded vote. 10 ayes

9. Discussion/action on:
a. PILOT for Oconto Housing Authority pursuant to the Cooperation Agreement entered into on 1/10/1966. Belongia updated the council on discussions held since last weeks Com of the Whole meeting with the director for OKATO and their auditors regarding how the calculations are arrived at for the annual PILOT for the housing authority…calculations not following the Cooperation Agreement; Wittkopf stated the PILOT should be the same for all nonprofit…referenced the NEWCAP properties and other housing we have…should all be handled the same; Maas stated with the new information provided tonight, we need to send this to a committee for further study;
Moved by Maas seconded by Fulton to refer the PILOT for Oconto Housing Authority back to the Finance Committee.

Schreiber stated agreement that we should look at all properties the same;

Maas stated the finance committee has been looking at all PILOT’S;

Atty. Mraz stated the Housing Authority is different has been established per state statutes…Housing Authority is unique;

Wittkopf stated all receive HUD funding, all the same;

Atty. Mraz stated they might have similar funding, but the city has a separate contract with the Housing Authority;

Motion carried upon electronically recorded vote. 10 ayes

b. Mayor stated at the Finance meeting last week the final payment to ETM Construction for $1,878 for Contract OC-09-F for the city docks boat ramp repair project was held for payment until warranty period is up…we have a performance bond that will cover any issues within one year of the project, cannot hold up final payment to contractor;
Moved by Wittkopf seconded by Exferd to approve of final payment to ETM Construction for $1,878 for Contract OC-09-F.
Motion carried upon electronically recorded vote.
7 ayes: Young, Exferd, Wittkopf, Schreiber, Joe Stiloski, Zahn and Jim Stiloski. 3 no: Doeren, Fulton and Maas.

c. Moved by Schreiber seconded by Wittkopf to accept recommendation from Oconto Utility Commission and approve of final payment to Advance Construction for OC-09-H for the North Shore Force Main project in the amount of $71,872.32.
Motion carried upon electronically recorded vote. 10 ayes

d. Moved by Maas seconded by Fulton to approve of submitting application for a State Trust Fund Loan in the amount of $500,000 at 3.5% interest for five years to meet the city’s share of funding for the Breakwater Marina Project A-09.

Joe Stiloski stated concern that we are asking for our elderly to pay more money…not on the right track…can’t pass on to our kids;

Motion carried upon electronically recorded vote.
8 ayes: Young, Exferd, Wittkopf, Schreiber, Doeren, Fulton, Jim Stiloski and Maas. 2 no: Joe Stiloski and Zahn.

e. Discussion on City Attorney position for the City of Oconto; Mayor stated Mr. Mraz is not seeking re election and no one has filed; Discussion on what direction does the council want to take; Atty. Mraz stated the current requirement is the City Atty. must be a city resident…could amend the charter ordinance, will take time, but council needs to decide what direction they want to go…currently we have besides the position of City Attorney we have outside legal counsel for other areas, such as labor, insurance issues, etc; Discussion. Could contract; will need to do something as Atty. Mraz’s term will be up May 1st, 2010; could appt someone to fill vacancy until council decides what they want the position of city attorney to do; Mayor stated we have two attorney’s who live in the city, but are not interested in this position;
Moved by Jim Stiloski seconded by Doeren to refer the issue of the City Attorney position to the Wage & Personnel Committee.

Fulton asked what are the qualifications for a city atty? Atty. Mraz stated currently 18 years of age, city resident and must be an attorney.

Zahn questioned residency of Frank….and Aaron? Both live outside city;

Motion carried upon electronically recorded vote. 10 ayes

f. Discussion on Oconto County Library Services Plan for 2010-2014. Mayor stated this plan will provide that a set amount will be given to the City of Oconto for the Farnsworth Library…currently whatever the county provides we match; Maas suggested we send a letter on our opposition to this plan; Fulton stated agreement…find out what is the county’s motivation on this; Atty. Mraz suggested having someone from the library come and explain the plan and what it will mean…referenced new ACT 150, before the council takes action voting no, have someone explain the plan;


Moved by Zahn seconded by Schreiber to refer this to the March Com of the Whole and have Kevin Hamann explain the plan.
Motion carried upon electronically recorded vote. 10 ayes

10. Moved by Wittkopf seconded by Schreiber to adjourn. M/C
Meeting adjourned at 7:00 p.m.

Minutes submitted by
Linda M. Belongia, Administrator