Motion Carried Upon Verbal Voice Vote.9 Ayes

Minutes of the Committee of the Whole meeting held on Tuesday, May 7, 2013 pursuant to notice duly given.

1. Meeting called to order at 6:00 p.m. by Mayor Bostedt.

1. Roll call: Mayor Bostedt, Lauren Resch, Al Schreiber, Marlene Zahn, Ron Daul, Roger Reed, Bob Le Breck, Jean Pleshek, Connie Bickel, Joe Stiloski, Sheri Groll and Atty. Calvert.

Also present: Police Chief Dan Ault, Parks Director John Bostedt, Administrator Sara Perrizo as recording secretary and members of the public.

1. Moved by Zahn seconded by Schreiber to approve the agenda as amended.

Motion carried upon verbal voice vote.9 ayes

1. Correspondence/Public Appearances;

Perrizo stated that she was informed by Zahn that there is a League of Municipalities Regional Dinner and New Officials workshop coming up in the near future. She will find out more information on the meetings and contact each of the Council members.

Jean Ragen, 308 Collins Avenue, congratulated the new members of the Council. She went to City Hall and requested to be put on a Council agenda and was told that she needed to write a letter. The next day she brought in the letter and also filed a complaint about being told that her request had to be in writing. Her letter was put on the agenda and she came to the meeting and had her daughter-in-law read her statement on open meetings laws. She noted that at the last meeting, Attorney Calvert passed out information on open meetings and he stated that there were some misconceptions at the meetings she attended. She wants to know what the misconceptions are. Calvert stated that he would write Ragen a letter explaining his statement. Ragen stated that no Council matters can be addressed outside of a meeting and she feels as though the old members have been doing that.

Perrizo stated that it has been policy to require that requests to be put on agendas be in writing. She asked the Council if that policy should be changed. Stiloski agreed that the requests should be in writing, but he commended Ragen for coming in to the meeting and speaking. Schreiber agreed, stating that has always been the policy. Bickel stated that there has been a tablet out for people to sign up to speak in the past and Mayor Bostedt suggested that be brought back and Perrizo said she will do that.

1. Discussion/Recommendation on:
2. Application for Temporary Class B Retailer’s License, Applications for License to Serve Fermented Beverages and/or Intoxicating Liquor and Appointment of Agents (see attached list)

Mayor Bostedt read aloud the list of applicants and asked Chief Ault if he had any objections. He had none. Daul asked if these will be issued using the old or new fees. Calvert stated that if the amended ordinance is passed tonight, they will be issued using the new fees.

Moved by Pleshek, seconded by Daul to approve the applications for temporary Class B retailer’s license, applications for license to serve fermented beverages and/or intoxicating liquor and appointment of agents.

Motion carried upon electronically recorded vote.10 ayes

1. Appointment of Mike Allard to the Industrial Development Commission (replacing Rick Le Breck)

Mayor Bostedt stated that Allard will replace Rick Le Breck, who recently got a new job opportunity and can’t server on the Commission. Schreiber asked if Allard would be available to attend daytime meetings and Mayor Bostedt replied that she spoke with him and he will be able to attend.

Moved by Schreiber, seconded by Reed to approve the appointment of Mike Allard to the Industrial Development Commission.

Motion carried upon electronically recorded vote.10 ayes

1. Appointment of Cordula Van Den Heuvel as Advisory Member to the Tourism Committee

Mayor Bostedt stated that Van Den Heuvel was appointed as a member of the Tourism Committee, but due to some facts brought to light, she must be moved to an advisory member.

Moved by Zahn, seconded by Pleshek to approve the appointment of Cordula Van Den Heuvel as an advisory member to the Tourism Committee.

Motion carried upon electronically recorded vote.10 ayes

1. Temporary Suspension of Ordinance 10-2-5(h) to Allow Bicycles to be Ridden on the Sidewalk on May 18, 2013 from 1 p.m. to 6 p.m.

Mayor Bostedt stated that this is for the Bicycle Poker Run that supports the Oconto Youth Football program. Chief Ault stated that this was done last year and there were no issues.

Moved by Pleshek, seconded by Groll to accept the temporary suspension of ordinance 10-2-5(h) to allow bicycles to be ridden on the sidewalk on May 18, 2013 from 1 p.m. to 6 p.m.

Motion carried upon electronically recorded vote.10 ayes

1. Suspension of Ordinance 11-2-7 to allow noise at a reasonable rate until midnight on Friday and Saturday during Copperfest

Mayor Bostedt stated that this is done each year. Schreiber commented that he is happy to see it worded as “at a reasonable rate”.

Moved by Schreiber, seconded by Groll to approve the suspension of ordinance 11-2-7 to allow noise at a reasonable rate until midnight on Friday and Saturday during Copperfest.

Stiloski asked if there had been any problems with this. Mayor Bostedt replied that she spoke to Chief Ault. Ault stated that the word reasonable is the key and then it becomes an issue of officer discretion. Everyone has to be respected in their own homes.

Motion carried upon electronically recorded vote.10 ayes

1. Request from Nautical Inn for Suspension of Ordinance 11-2-7 to Allow Noise at a Reasonable Volume Until Midnight on May 18, 2013 for the Bicycle Poker Run

Mayor Bostedt stated that this is a request from the Nautical Inn. Dale Steffenhagen is the head of the Poker Run and the Youth Football program and he wanted to let the Council know that the Poker Run is over at 10 p.m. The Nautical Inn is asking for the two extra hours.

Moved by Pleshek, seconded by Bickel to accept the request from Nautical Inn for suspension of ordinance 11-2-7 to allow noise at a reasonable volume until midnight on May 18, 2013 for the bicycle poker run.

Resch stated that she will abstain on this item because she bartends at the Nautical Inn for this event.

Motion carried upon electronically recorded vote.9 ayes, 1 abs (Resch)

1. Permission to Play Continuous Music at Breakwater Park on May 31 and June 1, 2013 from 11 a.m. to 7 p.m.

Mayor Bostedt stated that this is for the fishing tournament. There won’t be bands playing, but it will be nice to have music and she thought it was a good idea to get permission from the Council. Daul wanted to know who was asking for the permission. Mayor Bostedt replied that it is the Jaycees, Elks and Section 7 clubs.

Moved by Schreiber, seconded by Reed to allow continuous music to be played at a reasonable volume at Breakwater Park on May 31 and June 1 from 11 a.m. to 7 p.m.

Motion carried upon electronically recorded vote.10 ayes

1. Approval of Quote for Harbor Cameras

Perrizo stated that the motion at the Finance Committee was to approve not to exceed $11,700. Daul explained that the budget is $11,700 and a bid was received for five cameras for $8,000. Instead, six cameras will be installed plus the cost for the electrical installation.

Moved by Resch, seconded by Zahn to approve the quote for harbor cameras for an amount not to exceed $11,700.

Motion carried upon electronically recorded vote.10 ayes

1. Approval to offer Remaining Part-Time Parks Position to Troy Wusterbarth

Mayor Bostedt explained that this was part of the process to hire two part-time employees.

Schreiber commented that as long as Parks & Rec and Wage & Personnel are happy with the choice, he is fine with it.

Moved by Schreiber, seconded by Bickel to approve offering the remaining part-time parks position to Troy Wusterbarth.

Motion carried upon electronically recorded vote.10 ayes

1. Approval of Accounts Payable for the Month of April 2013 in the Amount of $304,615.63, Payroll for the Month of April 2013 in the Amount of $102,069.03 and Other Financial Reports as Presented

Stiloski asked what other financial reports there would be. Perrizo stated that she does a monthly Treasurer’s Report.

Moved by Pleshek, seconded by Groll to approve the accounts payable, payroll and other financial reports for April.

Motion carried upon electronically recorded vote.10 ayes

1. Approval of Amendment to Ordinance 7-2-5 (License Fees )

Mayor Bostedt explained that the Machickanee Players group came in to City Hall to ask for a liquor license. They questioned the price, so Calvert and Perrizo did some research and determined that the City has been charging more that State Statute allows. The Finance Committee made the recommendation to lower the fees to where they should be and also to raise the “Class A” licenses from $100 to $250, to be equal to the “Class B” license fee. Mayor Bostedt stated that she is opposed to the increase and would rather see it done gradually. She also wishes to see refunds issued to people who overpaid as she believes it is the City’s obligation to do so.

Moved by Reed, seconded by Bickel to approve the amendment to ordinance 7-2-5 as presented.

Motion carried upon electronically recorded vote.10 ayes

1. Approval of Request from Machickanee Players, Inc. for Waiver of License Fee for Class B and Class C Beverage License

Mayor Bostedt stated that the letter from the Machickanee Players was in the agenda packets. They are a non-profit organization and everything they make goes back into the group and the City. Under the old ordinance, the fee was $10 per day, so it would cost them $210 for their season. With the changes, it will not be $10 per event, so it would cost them $60 for their season.

Moved by Daul, seconded by Le Breck to deny the request from Machickanee Players, Inc. for waiver of license fees for Class B and Class C beverage license.

Schreiber opined that the cost under the new ordinance is more than reasonable. Mayor Bostedt stated that she had brought up at the Finance Committee the possibility of waiving the fees for all non-profits. Pleshek stated that a good point was brought up that it is good to have a fee so that there is a record of what is being done.

Motion carried upon electronically recorded vote.10 ayes

1. Proposal from Five Star Fireworks for 4th of July Fireworks Show

Mayor Bostedt stated that this is the same company that has done the show for the past several years and there have been many calls from people complimenting the shows. In the past, there were some legal issues with this company, but Perrizo contacted them and the individual who had the legal trouble is no longer affiliated with the company.

Moved by Zahn, seconded by Pleshek to approve the proposal from Five Star Fireworks in the amount of $5,000.

Motion carried upon electronically recorded vote.10 ayes

1. Approval of Street Closure Request from Nautical Inn for May 18, 2013 for Bicycle Poker Run

Mayor Bostedt stated that this has been done for the past several years.

Venna Dreshek, 230 Frank Street, stated that when she asked for a street closure for the Youth Center, she was told she had to get signatures from the residents of the street. When she did that, she was told by several people that she was the only one who had ever asked for signatures.

Ault explained that the process for street closures requires that the requester get an application, petition the residents of the street, return the application and pay $5. The application is then reviewed by him and the Superintendent of Public Works. Zahn stated that this closure request is from the Nautical Inn to Crivello’s parkling lot. Schreiber opined that they should have to get signatures. Zahn commented that the letter stated that they spoke to the surrounding businesses.

Moved by Schreiber, seconded by Pleshek to move to Council the street closure from Nautical Inn for the Bicycle Poker Run contingent upon receiving the required signatures and proper form.

Le Breck wondered if there were any residents to ask in the area in question. Schreiber replied that there are two houses.

Motion carried upon electronically recorded vote.9 ayes, 1 abs (Resch)

1. Approval of Street Closures Request from Oconto Trailbusters for June 7, 2013 for Truck Pulls

Moved by Schreiber, seconded by Reed to approve the street closure request from Oconto Trailbusters contingent upon receiving further information from Chief Ault.

Motion carried upon electronically recorded vote.10 ayes

1. Approval to Accept 2 Year Grant at $15,000 Per Year from the Bond Foundation for the Development of “Bond Park” Located on Highway 22/Charles Street

J. Bostedt stated that he and Jeremy Wusterbarth contacted Mr. De Cloux to see if he would be interested in helping with this funding. They met with him and he was open to the idea, but the funding will come in two increments. The first stage of the equipment and benches will be installed this year and the second stage of the equipment next year. Mayor Bostedt stated that the Bond Arch was saved from the old building and it is hoped that it can be incorporated into the park. The Parks & Recreation Board approved naming the park “Bond Park”.

Moved by Schreiber, seconded by Pleshek to approve accepting the 2 year grant at $15,000 per year from the Bond Foundation for the development of Bond Park.

Motion carried upon electronically recorded vote.10 ayes

1. Approval of Payment to B&M Technical Services, Inc. in the Amount of $75,000 for the Telemetry & Controls Project

Mayor Bostedt referred to information provided by Jeremy Wusterbarth. This payment is for the new SCADA system. She also mentioned that Wusterbarth has offered tours of the Street and Utility departments to anyone who is interested.

Moved by Daul, seconded by Resch to approve the payment of $75,000 to B&M Technical Services.

Motion carried upon electronically recorded vote.10 ayes

1. Approval of Bid for New Utility Truck from Broadway Automotive in the Amount of $34,293

Mayor Bostedt read from information supplied by J. Wusterbarth. This was the only bid received for the truck. Perrizo stated that there is no ordinance requiring bids for capital equipment. It is only for capital improvement projects. The cost of this truck increased by $400 from last month and there was also the cost of the advertising for bids.

Moved by Groll, seconded by Zahn to approve the bid for a new utility truck from Broadway Automotive in the amount of $34,293.

Schreiber stated that he thinks it is a good idea to go out for bids on these things. This bid was out for a short time, so that may be why there was little response.

Zahn asked what will happen to the old truck. Perrizo stated that it will be sold outright on bids.

Motion carried upon electronically recorded vote.10 ayes

1. Approval of Pay Request #1 from DeGroot, Inc in the Amount of $102,371.30

Mayor Bostedt stated that this is for the Pecor Street project. Perrizo explained that, once the invoice is paid, it will be submitted to the State for 50% reimbursement due to the grant.

Moved by Resch, seconded by Bickel to approve pay request #1 from DeGroot, Inc in the amount of $102,371.30.

Motion carried upon electronically recorded vote.10 ayes

1. Approval of Dredging Bids from Veit and Company – Phase One $284,518.75 and Phase Two $1,050,955.60 Contingent on the HAP Grant

Mayor Bostedt explained that phase 1 is maintenance dredging and will be paid for with bond money. It will begin after June 15. Phase 2 will be funded by grant money and we will know if we have received the grant by mid-May. She revised the grant request amount with help from the DOT. The contract needs to be signed for both phases.

Moved by Reed, seconded by Pleshek to approve the bid for phase two in an amount not to exceed $284,518.75 and phase two for $1,050,955.60 contingent upon receiving the HAP grant.

Motion carried upon electronically recorded vote.9 ayes, 1 nay (Stiloski)

1. Approval of Bid from Bayland SealCoat in the Amount of $4,900

J. Bostedt explained that this is for the parking lots at the Breakwater. First crack filling will be done and then the seal coating. This is a budgeted item.

Moved by Bickel, seconded by Groll to approve the bid from Bayland SealCoat in the amount of $4,900.

Zahn asked who would be doing the crack filling. J. Bostedt explained that they are working with the County. Reed asked if this was for both lots at the Breakwater and J. Bostedt state that it is.

Motion carried upon electronically recorded vote.10 ayes

1. Approval to Change Name of J. Douglas Bake Memorial Airport to Oconto-J. Douglas Bake Municipal Airport

Mayor Bostedt stated that members of the Bake family were present. This has gone through the Airport Commission and County Board twice. It was brought up because there were safety concerns with the old name.