Com of the Whole Mts 2/2/2010

Minutes of the Committee of the Whole meeting held on Tuesday, February 2nd, 2010 pursuant to notice duly given.

1. Meeting called to order at 6 p.m. by Mayor Nerenhausen.

2. Roll call: Mayor Nerenhausen, Ken Exferd, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Tom Fulton, Jim Stiloski, Jack Maas and Atty. Mraz. Excused: Ed Young. Linda Belongia Administrator and as recording secretary also present.

3. Moved by Exferd seconded by Schreiber to approve of the agenda as presented.
Motion carried upon verbal voice vote. 9 ayes

4. Correspondence/public input: Belongia provided alderperson’s copy of letter to DOT after a special council meeting held on 10/6/2009 accepted the DOT’s offer of $1,809,076 of jurisdictional transfer (JT) funds for Brazeau/Smith Avenue; copies of legislative bulletins and minutes from previous month’s meetings;

5. Discussion/recommendation on:

a. Finance recommended with no action the request for deferment on special assessments to allow for input from Atty. Mraz;
Atty. Mraz stated the law does allow for deferment on special assessments, however, when the final resolution is approved by the Council, everything is then set in place, we need to treat everyone fairly and uniform ally…stated reluctance on recommending that a deferment be allowed if it was not done at time the final resolution was done; discussion; have done this in the past, but from this point forward if it’s not given to everyone involved, then deferments will not be granted;
Belongia questioned the written request we have before us from Arnold and Roseann Coel for deferment on their special assessment; Atty. Mraz stated after council action confirms this action a letter can be sent to the Coel’s advising them of the council’s decision.

Moved by Maas seconded by Fulton to recommend to council that collection of all special assessments will be done per the terms set by the Final Resolution.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

b. Finance committee referred to Atty. Mraz the request from the Housing Authority for relief on their 2010 PILOT for OKATO Manor with a report and action on this issue on the 2/9/2010 Council agenda.

c. Mayor stated the Finance Committee made a motion back to the Harbor Commission regarding the final pay request for ETM Construction; concern and discussion on holding the final payment of $1,878 for Contract OC-09-F is to make sure the ramps are accepted to our specifications and the contractor fills the spaces between the slabs in with stone.
No action by Committee of the Whole, as it’s sent back to Harbor Commission.

d. Moved by Doeren seconded by Maas to accept recommendation from Finance and recommend to Council approval of the listing of carryover accts from 2009 to 2010.
Jim Stiloski questioned carryover of some of the accounts such as the deer registration amt of $2,460 which we no longer do the registration…more paperwork than necessary; Belongia stated the revenue accts when established were set up as non lapsing by council action; when accounts such as the deer registration are spent that will be removed from listing;
Motion carried upon electronically recorded vote. 9 ayes 1 absent

e. Moved by Doeren seconded by Fulton to accept recommendation from Finance and recommend to Council approval of the listing of accounts payables in the amount of $441,359.25; payroll for $195,772.35 and financial reports as presented.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

f. Moved by Wittkopf seconded by Exferd to accept recommendation from BPW and recommend the same to Council to approve of the street closures for the annual Copperfest celebration. Mayor stated the same streets will be closed as have been in the past.
Motion carried upon electronically recorded vote. 9 ayes 1 absent

g. Moved by Wittkopf seconded by Exferd to accept the recommendation from the Board of Public Works and recommend the same to Council to
approve of 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.
Mayor stated this will allow for evening parking;
Motion carried upon electronically recorded vote. 9 ayes 1 absent

h. Mayor stated he would like to have the recommendation from the Board of Public Works to have all of Business 41 redone with all new construction
including extension of Evergreen Road to Business 41 after last week’s
public advisory meeting have other ideas; don’t see need to redo the entire
stretch; are some good areas we don’t need to redo; Maas stated the people present at the meeting want that area redone; Mayor stated we have some good areas that don’t need to be new construction;

Moved by Wittkopf seconded by Maas to accept recommendation from Board of Public Works and recommend to Council that all of Business 41
be redone with all new construction including extension of Evergreen
Road to Business 41.

Zahn questioned what will Evergreen to Hwy 41 be? Mayor stated Evergreen will be extended to Hwy 41.

Jim Stiloski questioned what is new construction?

Mayor stated completely ripped out and replaced, we don’t need to do
that;

Wittkopf and Exferd stated the recommendation from Bd of Public Works was new construction from Doran to end of curb past Wayne’s;

Mayor stated that was not the intent…was just up to Main Street;

Jim Stiloski questioned if we will have enough money to do as Bd of Public Works is recommending?

Mayor stated no.

Wittkopf stated yes we will, referenced the Bd of Public Works minutes.

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

i. Mayor suggested the request from Robert Mommaerts, Director of Public Service be referred back for further review.
Moved by Jim Stiloski seconded by Zahn to refer back Robert
Mommaert’s request back for further review.
Motion carried upon electronically recorded vote. 9 ayes

j. Moved by Wittkopf seconded by Zahn to accept recommendation from
Wage & Personnel and recommend to Council that all seasonal employees
be City of Oconto residents.

Discussion. Jim Stiloski stated he brought this issue to the Wage & Personnel, his intention was that city residents get first preference if they
are qualified, doesn’t have anything to do with school district.
Maas stated a lot of our seasonal people are trained, should …; Jim Stiloski stated training, shouldn’t be training our seasonal...could be
issues; Doeren questioned the position of campground manager;
Wittkopf stated the intent was for the youth; Zahn stated with the
economy could be someone who would be interested from the city in the
campground manager’s position;

Motion carried upon electronically recorded vote.
7 ayes 2 no Doeren and Maas and 1 absent Young

k. Moved by Maas seconded by Jim Stiloski to recommend to Council approval of Phyllis Murphy and Connie Von Haden as an election
inspector.
Motion carried upon electronically recorded vote. 9 ayes

l. Discussion on Statewide Smoking Ban material provided to Belongia by Chief Carper; Belongia stated at the January Police & Fire Commission
meeting Chief Carper stated the council will need to address the statewide
ban by ordinance…at same meeting question was raised on taverns
creating beer gardens; Belongia provided copy of email from Mr.
Johnson, Alcohol Licensing Agent; Atty. Mraz stated our ordinance will
incorporate any changes made; Jim Stiloski questioned how will the D.A.
enforce this? Atty. Mraz stated will be up to the D.A. to
prosecute….police dept will have to enforce…Tavern League organization
will have to educate the tavern owners; Jim Stiloski questioned what will
the city do? Atty. Mraz stated our ordinance adopts the State Code
verbatim; Jim Stiloski stated we need to be proactive on this issue;
Wittkopf recommended this be referred back to the Police & Fire
Commission; Atty. Mraz stated we don’t have to do anything, wait till you have a problem; Maas stated agreement with attorney, we are trying to fix
a problem before we have one; Belongia stated she gave Chief Carper a
copy of email from Mr. Johnson; Atty. Mraz stated no action is needed on
this item; Exferd questioned as of today can restaurants allow smoking? Atty. Mraz stated he didn’t know the answer at this time;

m. Moved by Schreiber seconded by Wittkopf to recommend to Council approval of an operators license to Michael Gauthier contingent upon
completion of the required operators beverage training course and a Temp
Class B license to the Oconto Copperfest Committee for June 11th – 13th,
2010.
Motion carried upon electronically recorded vote. 9 ayes

6. Tuesday, February 9th, 2010 Regular Council Meeting at 6 p.m.

7. Moved by Wittkopf seconded by Exferd to adjourn. M/C
Meeting adjourned at 6:40 p.m.

Minutes submitted by
Linda M. Belongia,
Administrator