8/4/09 Com of the Whole Minutes

Minutes of the Committee of the Whole meeting held on Tuesday, August 4th, 2009 pursuant to notice duly given.

1. Meeting called to order by Mayor Nerenhausen at 6:02 p.m.
2. Roll call: Mayor Nerenhausen, Ed Young, Lloyd Heier, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Jim Stiloski, Jack Maas and Atty. Mraz. Excused: Tom Fulton. Linda Belongia, Administrator also present as recording secretary.
3. Moved by Zahn seconded by Heier to approve of the agenda as presented.
Motion carried upon verbal voice vote. 9 ayes
4. Public appearances/correspondence: Letter from school district on upcoming budget hearing 8/17/09; League of Wisconsin newsletters; minutes from previous months meetings;
5. Discussion/recommendation on:
a. Tax exempt properties; Belongia stated a report was compiled by Ron Banach, Assessor showing over $34M in tax exempt properties in the City of Oconto; some of these properties are city owned, some owned by the railroad; at finance meeting earlier this evening Belongia instructed to check with the City of Marinette on how they are getting a payment in lieu of tax on some of their tax exempt properties; no recommendation at this
time;

b. Belongia stated at the Finance meeting discussion was had on the two bids
received for a new public works building; a motion was made back to the
BPW to get a breakdown of costs for repairs to the building for a new
roof, replacing the steel foot plate; replacing approximately 8’ of the wall
structures and some electrical due to water damage.

c. Recommendation from Finance to install PVC based on design drawn by WPS along S.T.H. 22 to allow for underground electrical lines. Mayor stated the PVC will be placed underground in three different locations at estimated cost of $300 in case at sometime in the future we want to bury electrical lines; our city crew can put the PVC in; Mayor stated this was also discussed at the BPW meeting and was recommended as such to Finance.

Moved by Doeren seconded by Heier to recommend to Council to install PVC in three different locations along S.T.H. 22 for burying electrical lines underground sometime in the future at an estimated cost for the PVC at $300.00.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

d. Recommendation from Finance to accept the contract change order #1 for Peters Concrete Company in the amount of $63,825.00. Mayor stated ½ of the costs of the water main will be paid by DOT; the costs for the sewer main DOT denied, but we will argue that, we have to do this work as a change order because of the DOT problem.
Moved by Maas seconded by Joe Stiloski to recommend to Council approval of Change Order # 1 for Peters Concrete in the amount of $63,825.00.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

e. Recommendation from Finance to transfer the responsibility and budget funding for the City Docks park area to the Park & Rec department.

Moved by Wittkopf seconded by Doeren to recommend to Council that the responsibility and budgeting for City Docks be transferred to the Park and Recreation department.

Jim Stiloski asked for an explanation on this recommendation; Mayor stated currently City Docks is budgeted for under the Harbor Commission, but the seasonal LTE park & rec employees are doing the grass cutting and cleaning up of this park area; they then charge their time to the Harbor;

Motion carried upon electronically recorded vote. 9 ayes 1 absent

f. Moved by Doeren seconded by Schreiber to accept recommendation from
Finance and recommend the same to the Council to approve of municipal court increase in surcharge fees which was passed with the state budget.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

g. Moved by Maas seconded by Jim Stiloski to accept recommendation from Finance and recommend the same to Council to approve of the request from the Park & Rec to purchase a utility vehicle as budgeted for an amount not to exceed $6,000.

Jim Stiloski complimented Park & Rec director on the report he provided on all the park & recreation vehicles and equipment, stating this same kind of report should be provided by all departments, the BPW, Police & Fire…they should do the same, we should know what equipment we have; Wittkopf stated at budget time Jeremy Wusterbarth submits a report showing what equipment they would like to replace and what is being asked for in the budget;

Motion carried upon electronically recorded vote. 9 ayes 1 absent

h. Moved by Maas seconded by Wittkopf to accept recommendation from Finance and recommend Council approval for the listing of accounts payables for $209,638.16; payroll for $120,406.80 and financial reports as presented.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

i. Discussion on recommendations from BPW and OUC for collection of
fees for parcel # 265-32-20062078, 710 Fifth Street. Mayor stated the
sewer mains are to the property line which is why OUC recommended
going with a hook up charge; Schreiber concurred the OUC action for a
hook up charge of $3,058.91 against this property which would be paid
before a building permit could be obtained; Wittkopf questioned who will
pay the rest of the fees due…people on Michigan have to pay for their
curb and gutter, same should be for this parcel; Atty. Mraz stated the OUC
can assess a hook up charge and it needs no action by council; Maas referenced the minutes from the 7/27/09 BPW meeting, no recommendation on this, just sent to Com of the Whole…so we have no recommendation from them; Wittkopf stated originally it was denied to be forgiven by BPW; then we had to do it over because of the special assessments, so we voted on having the hearing and then nobody seconded my motion to assess; Atty. Mraz stated because no one seconded the motion we can’t assess for the street work…would have to go through the special assessment public hearing again; Atty. Mraz stated the Oconto Utility Commission can assess for hook up charges and no other action is necessary by Council.

j. Recommendation from BPW on proposed sidewalk criteria. Mayor stated what was voted on was voted on previously sometime ago…he is recommending that the sidewalk criteria be sent back to the BPW and Plan Commission.

Moved by Jim Stiloski seconded by Schreiber to refer the sidewalk criteria back to the BPW and also to the Plan Commission.

Wittkopf stated this has been sent back about ten times already.

Motion carried upon electronically recorded vote.
7 ayes: Young, Schreiber, Joe Stiloski, Zahn, Doeren, Jim Stiloski and Maas. 2 no: Heier and Wittkopf and 1 absent: Fulton

k. Mayor stated the Oconto Utility Commission took no action on amending the private well abandonment ordinance. No action necessary.

l. Moved by Doeren seconded Maas to recommend to Council approval of the request from the Oconto County Historical Society to approve of the updated agreement for the museum operation at Copper Culture Park.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

m. Recommendation from Wage & Personnel that the probationary period should end for Robert J. Mommaerts on 8/11/09 and that he be hired as the full time Director of Public Services at an hourly rate of $41.20 for 30 hrs per week with residency required by 9/30/09 and a signed statement from Mr. Mommaerts that he will be a City of Oconto resident by 9/30/09.

Maas stated that he has had several discussions both by personal contact and phone…people are very concerned why we are offering Mr. Mommaerts the Director of Public Services position with full benefits…should listen to the people who have voted us into office, upset with city having to pay out $130,000; Jim Stiloski stated he was also contacted…we’re setting a precedent paying benefits with only 30 hrs; Joe Stiloski stated he had one constituent call him on 30 hrs at the hourly rate; Wittkopf stated he received a call; Heier stated he received two calls from library employees upset that they’re working 32 hrs and not getting same benefits; Zahn questioned how the library is funded; Belongia stated the library budget is funded through the city and the county; Belongia stated the 30 hrs per week was recommended by the Wage & Personnel; Joe Stiloski stated if we have him work 40 hrs per week the hourly rate should drop so there is no increase; Wittkopf referenced discussion with Atty. Kalny on the residency ordinance that it should be for new hires…concern we’re setting a precedent…opening a can of worms; Schreiber stated we were set to advertise for a full time position…Mr. Mommaerts was at the meeting and stated he was willing to work 30 hrs per week because that is what the city was looking for…if we didn’t allow Mr. Mommaerts to apply we were opening ourselves up; Jim Stiloski questioned if it was too late to advertise? Mayor stated it’s not too late…opening up to everyone, including Mr. Mommaerts; Jim Stiloski stated agreement that Mr. Mommaerts can apply; Maas stated what are we looking for…all engineering? Mayor stated yes; Atty. Mraz stated if the council is happy with Mr. Mommaerts work you can act on the agenda item…can distinguish his position from others because he a professional engineer; Maas stated the $130,000 has not set well with the people…everyone knew that; Atty. Mraz stated over the course of the city dealing with the issues he has mentioned that to the council; Maas stated $130,000 will do a lot of street work; Schreiber referenced # 2 in the Employment Memorandum, we’re setting the 30 hrs with ability to modify up to 40 hrs; Maas questioned are we setting a precedent; Mayor stated Mr. Mommaerts is doing a good job…he is economical and knows the city very well;

Moved by Wittkopf seconded by Jim Stiloski to recommend to Council
that that the probationary period should end for Robert J. Mommaerts on
8/11/09 and that he be hired as the full time Director of Public Services at
an hourly rate of $41.20 for 30 hrs per week with residency required by
9/30/09 and a signed statement from Mr. Mommaerts that he will be a City
of Oconto resident by 9/30/09.
Motion carried upon electronically recorded vote.
4 ayes: Wittkopf, Schreiber, Doeren, and Jim Stiloski. 5 no: Young, Heier, Joe Stiloski, Zahn and Maas. 1 absent: Fulton

n. Moved by Zahn seconded by Heier to accept recommendation from Wage & Personnel and recommend to Council approval of the amended job description for the Superintendent of Public Works.
Joe Stiloski asked what changed in the job description. Mayor stated the amendment clarifies the job duties.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

o. Moved by Maas seconded by Wittkopf to amend the zoning district for the property between Mott Street and S.T.H. 22 that Council held a public hearing on July 14th, 2009.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

p. Moved by Jim Stiloski seconded by Doeren to approve of the Intergovernmental Agreement and Land Use Agreement regarding the installation of a dry fire hydrant in the Town of Oconto.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

q. Moved Jim Stiloski seconded by Wittkopf to accept recommendation from Police & Fire Commission and recommend to Council approval of the memorandum of understanding between the County and City regarding the Spillman system.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

r. Moved by Joe Stiloski seconded by Schreiber to recommend to Council to accept the resignation of Lucinda Schersing from the Housing Authority Board and appoint Susan Exworthy to fulfill this term which will expire October 2014.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

s. Report/Update/possible recommendation on:
1. Property at 1532 Main Street, Oconto, WI. Belongia referenced memo in committee members packets from Ron Banach that the property is correctly zoned for what it is being used for; Maas stated he has a problem with the condition of the property; lawn not mowed, grass around the buildings; repairs needed to the buildings; Jim Stiloski stated he feels the notice from the building inspector has caught the property owners attention; Maas stated the roofs should be inspected…still things to be done;
2. Belongia stated the property at 103 Park Avenue was purchased and the closing was held; property owner will bring in a recorded copy of the deed; Belongia will work with Atty. Mraz on the deed for what will be sold; property owner will also have to have a survey done to combine all three lots into one;
3. Belongia stated the sealant was not applied to the culvert box near Mill and Mott Street which council approved at the 7/14/09 meeting having DOT do at their expense ($16,000); Mike Litzke from the DOT came in and questioned Belongia if this culvert box was going to be open to
snowmobiles….that in the original plans for the multi-modal trail the
DOT didn’t design this culvert for snowmobile use, the one off of Van
Hecke was, which is why it already has the sealant applied; Belongia
stated the ordinance currently does not allow for snowmobiles and this
would have to done by ordinance; no sealant was applied to the Mill/Mott
Street culvert box; at the DOT meeting concern was raised on allowing
this culvert box for snowmobiles and ATV’s because of the way the plows
will be removing snow from the hwy and having it fall on the multi-modal
trail;
4. Using electronic mail for notices to alderpersons. Mayor referenced the county recently went to notices and agendas being sent electronically; concern by some committee members that they don’t have computers or printers so we will continue as we are, mailing out the material.

t. No applications received for an operator’s license or temporary Class B.

6. Council meeting Tuesday, August 11th, 2009 at 6:00 p.m.
7. Moved by Heier seconded by Wittkopf to adjourn.
Meeting adjourned at 7:11 p.m.

Minutes submitted by
Linda M. Belongia
Administrator