Com of the Whole Minutes

Minutes of the Com of the Whole meeting held on Tuesday, December 1st, 2009 pursuant to notice duly given.

1. Meeting called to order at 6:08 p.m. by Mayor Nerenhausen.
2. Roll call: Ed Young, Ken Exferd, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Tom Fulton, Jim Stiloski, Jack Maas, and Atty. Mraz. Linda Belongia, Administrator also present and as recording secretary.
3. Moved by Zahn seconded by Exferd to approve of the agenda as presented.
Motion carried upon verbal voice vote. 10 ayes
4. Correspondence/Public Input: Letter dated 11/20/09 from Foth to DNR regarding Seawall Project; Letter dated 11/9/09 from DOT on change in the customer service hours at city hall effective 1/2010; League legislative bulletins and minutes from previous months meetings;
5. Presentation by Jeff Belongia, Hutchinson, Shockey, Erley & Co. on refinancing and new capital projects funding as approved at the 11/10/09 council meeting;
Mr. Belongia commended the council on this year’s budget; referenced the conference call had with Administrator Belongia and himself with representatives from Standard & Poor’s regarding this new proposed debt issue…majority of conversation was spent on our 2008 audit…S&P didn’t like that we drew done on our budget; Mr. Belongia referenced comments by auditors in management letter…and during the audit presentation…stated guarded optimism on what the interest rates will be on this proposed new issue…understands the council doesn’t like new debt…but need to look at what the funds will be used over…anything more than a year life should be taken out over a period of time…stated he is not scolding the council, but this all has a cause and affect on our ratings; Mr. Belongia provided a handout, copy placed on file with Administrator; Jim Stiloski questioned the amount of debt the city has; questioned the special assessment B bond debt; Jim Stiloski stated he didn’t like comments by auditor;

Hearing no further questions/comments Mayor thanked Mr. Belongia.
Administrator Belongia stated on the 12/8/09 agenda will be a Resolution for action on issuing this debt.

6. Discussion/recommendation on:
a. Moved by Fulton seconded by Wittkopf to accept recommendation from Finance and recommend the same to Council to approve of the carryover of remaining 2009 forestry grant funds in the amount of $4,167.85 to 2010 to allow for purchasing additional trees.
Motion carried upon electronically recorded vote. 10 ayes

b. Moved by Maas seconded by Wittkopf to accept recommendation from Finance and recommend the same to Council to approve of the final pay request for OC-08-A to Advance Construction in the amount of $695.77.
Motion carried upon electronically recorded vote. 10 ayes

c. Moved by Exferd seconded by Fulton to accept recommendation from Finance and recommend the same to Council to approve of final pay request for OC-08-A to Advance Construction in the amount of $1,683.18.
Motion carried upon electronically recorded vote. 10 ayes

d. Moved by Doeren seconded by Schreiber to accept recommendation from Finance and recommend the same to Council to approve of final pay request for OC-09-A to Ron Filz Plumbing in the amount of $7,716.20.
Motion carried upon electronically recorded vote. 10 ayes

e. Moved by Young seconded by Wittkopf to accept recommendation from Finance and recommend the same to Council to approve of listing of accounts payables for $518,852.41; payroll for $116,920.83 and financial reports.
Motion carried upon electronically recorded vote. 10 ayes

f. Moved by Fulton seconded by Doeren to accept recommendation from Industrial Development Commission (IDC) and recommend the same to Council to allow IDC to proceed with developing a listing contract for the former Kelly Pickle Property with the appropriate contingency language to still have as much control on sale of property as possible.

Discussion. Wittkopf questioned motion; Maas stated IDC will develop a listing contract for this property and bring it back to council for approval; Atty. Mraz stated this typically is done by hiring a developer, signing a contract; Fulton stated IDC is going to get a blank listing contract and work out the details, get some sense of what we are looking for, for this property; Maas referenced past recommendations from IDC, getting kicked back turning down development…this time IDC is bringing it to Com of the Whole and then onto Council, everyone is aware of what is going on; Atty. Mraz stated the IDC can do this; Jim Stiloski stated we don’t need the word “control” in the motion, having “contingency” in the motion will handle that; Fulton stated contingencies will be in the listing contract; Maas stated if the motion is being changed, then it should be referred back to IDC; Atty. Mraz questioned what was the understanding by IDC of the motion? Fulton stated to develop a draft of a listing contract and bring it back to Council; Mayor stated agreement with Atty. Mraz that this would be an Offer to Purchase; Schreiber stated disagreement, an offer to purchase is made by someone wanting to purchase the property, what IDC wants is a listing contract so we can market the property; Fulton stated we need to get through the process, get everyone on same page….city intends to sell this property; Zahn questioned development language; Wittkopf questioned if a draft of the listing contract will be brought back to the Com of the Whole; Maas stated yes, the draft will be brought back; Doeren referenced grants and time the city has spent thus far getting this property cleaned up and ready for development; Schreiber stated what he is hearing is something we all have been waiting for; Jim Stiloski stated…make listing; Atty. Mraz stated once the listing contract is approved, then we need to find a realtor who may change slightly or completely our listing contract; Jim Stiloski questioned if someone comes in and meets what our listing contract has in it, then it’s a pretty much done deal…? Atty. Mraz stated it would be hard to back out if the developer has met what we want; Fulton stated we need to get this through council…all on same page;

Motion carried upon electronically recorded vote. 10 ayes

g. Moved by Wittkopf seconded by Schreiber to recommend to Council
approval of the reappointment/appointment of Election Inspector’s for a
two year term 1/1/2010 to 12/31/2012.
Motion carried upon electronically recorded vote. 10 ayes

h. Moved by Doeren seconded by Zahn to recommend to Council approval of the reappointment of Earl Uhl to the Airport Commission for term to expire December 2013.
Motion carried upon electronically recorded vote. 10 ayes

i. Moved by Wittkopf seconded by Schreiber to recommend to Council to accept resignation from Mary Jarvey from the Oconto Housing Authority Board effective 1/1/2010 and the appointment of Linda Jarvey to fulfill the unexpired term of Mary Jarvey, to expire October 2011.
Motion carried upon electronically recorded vote. 10 ayes

j. Moved by Wittkopf seconded by Doeren to recommend to Council to approve of application for an operator’s license contingent upon completion of the required course and approval by Police Chief.
Motion carried upon electronically recorded vote. 10 ayes

k. Reminder that incumbent’s not seeking re election must file a non-candidacy from by 12/28/09.

7. Tuesday, December 8th, 2009 Regular Council meeting at 6 p.m.
8. Moved by Wittkopf seconded by Schreiber to adjourn. M/C
Meeting adjourned at 6:48 p.m.

Minutes submitted by
Linda M. Belongia,
Administrator