Com of the Whole Minutes 1/5/2010

Minutes of the Committee of the Whole meeting held on Tuesday, January 5th, 2010 pursuant to notice duly given.

1. Meeting called to order at 6:00 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. Linda Belongia Administrator and as recording
secretary also present.
3. Moved by Joe Stiloski seconded by Wittkopf to approve of the agenda as
presented.
Motion carried upon verbal voice vote. 10 ayes

4. Public Appearances and/or Correspondence: Info from WPS on projection for
electric rates in 2010; league bulletins; minutes from previous months meetings;
updated committee listing; Wittkopf questioned why the recommendation from Wage & Personnel isn’t on the agenda; Belongia stated a meeting is scheduled
with our labor attorney for Wed., 1/6 and she will be discussing this
recommendation with him and then will bring the recommendation to committee;
Zahn questioned why the committee listing was in the packets; Belongia stated the December Council meeting approved of some reappointment/appointments;
Zahn stated on last page the listing still has Lloyd Heier on a committee;

5. Discussion/recommendation on:
a. Moved by Wittkopf seconded by Exferd to accept recommendation from Finance and recommend to Council to award contract for the repairs to the Public Works Bldg and the addition of two new bays to the existing plow storage garage to United Construction, Inc., Abrams, WI as the low bidder for $225,000.00.
Motion carried upon electronically recorded vote.
9 ayes 1 no – Joe Stiloski

b. Moved by Zahn seconded by Doeren to accept recommendation from Finance and recommend to Council approval of the final pay request to Peters Concrete Company in the amount of $1,238.35 for Contract OC-09-A for Michigan Avenue reconstruction.
Motion carried upon electronically recorded vote. 10 ayes

c. Moved by Fulton seconded by Maas to accept recommendation from Finance and recommend to Council to approve of the final pay request for $25,500.00 and supporting documentation and no to the contract change order for Champion Services for the former Kelly Pickle property.
Motion carried upon electronically recorded vote. 10 ayes

d. Mayor stated the request to defer special assessments was tabled at the finance meeting.

e. Moved by Wittkopf seconded by Schreiber to accept recommendation from Finance and recommend to Council approval of the listing of accounts payables for $231,871.84; payroll for $110,810.36 and financial reports.
Motion carried upon electronically recorded vote. 10 ayes

f. Mayor stated Plan Commission has postponed for another meeting drafting an ordinance to control off premise and directional signs along the new highway.

g. Mayor stated Plan Commission is working with Park & Rec regarding fines and signage for the multi-modal trail.

h. Moved by Jim Stiloski seconded by Maas to accept recommendation from Plan Commission and recommend to Council approve by Resolution Oconto County’s 2009 Multi-Hazards Mitigation Plan.
Joe Stiloski questioned why this has not been brought to the city’s emergency government committee? Mayor stated this plan was developed by the county, he and Jeremy Wusterbarth sat on the committee representing the city…has nothing to do with our emergency government committee;
Motion carried upon electronically recorded vote. 10 ayes

i. Moved by Doeren seconded by Exferd to accept recommendation from Park & Rec and recommend to Council to rename the multi-modal trail “Copper Culture Trail”.
Motion carried upon electronically recorded vote. 10 ayes

j. No applications for an operator’s license for temporary Class B licenses.

k. Belongia had Bill Borneman draw by lot for placement on the ballot of the three mayoral candidates for the 2/16/2010 Primary Election: #1: Donald Nerenhausen; #2 Joe J. Paluch and #3 Thomas N. Fulton.

l. Moved by Wittkopf seconded by Schreiber to recommend to Council approval of Lynn Exferd as an election inspector.
Motion carried upon electronically recorded vote. 10 ayes

6. Mayor stated the Committee of the Whole may vote to convene into Closed
Session pursuant to notice duly given and as allowed by Wis. Stats. 19.85[1],[e]
& [g] for discussion regarding correspondence from Atty. James Morrison
regarding special assessment questions on property owned by Randy Cain, 710 5th
Street.
Zahn questioned why are we going into closed session? Atty. Mraz stated we have received a letter from an attorney that may involve potential litigation; the entire matter involves potential litigation and has suggested to the Mayor that it be handled in closed session.
Moved by Zahn seconded by Jim Stiloski to convene into Closed Session at 6:15 p.m.
Motion carried upon verbal roll call vote. 10 ayes

Closed Session

7. Moved by Wittkopf seconded by Jim Stiloski to reconvene into Open Session at
6:58 p.m.
Motion carried upon verbal voice vote. 10 ayes

8. Moved by Wittkopf seconded by Maas to recommend to Council to proceed with
levying of assessments for improvements on the property owned by Randy Cain,
710 5th Street.
Doeren stated we are going on an assumption from the Director of Public Services and Bldg Inspector…should get something from another surveyor, with DNR personnel and delineate where the wetlands are; Wittkopf stated a survey was already done; Young stated that was done in 2003…Corp of Engineers no longer do this…you have to hire a professional engineering consultation to do the survey; Wittkopf stated that should be up to the property owner; Mayor stated would be up to city if we were protesting wetlands vs. not; Atty. Mraz stated he doesn’t recall the city being challenged legally regarding levying an assessment except for the Dick Krueger property…the Mott Street lots on the determination on whether those improvements were a benefit to the property; Schreiber stated if property owners come in and the lot is benefited, then property owners can get a building permit; Wittkopf called for getting back to what is before us;
Motion carried upon electronically recorded vote.
7 ayes: Wittkopf, Exferd, Schreiber, Joe Stiloski, Fulton, Jim Stiloski and Jack Maas. 2 no: Zahn and Doeren. 1 abstaining: Young

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

Minutes submitted by
Linda M. Belongia,
Administrator