City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM FEBRUARY 11, 2020 6:45 P.M. The Commission on Public Works/Utilities met in regular session, Chair Quicker presiding. On roll call: all members present. The minutes of the previous meeting were declared approved. Director of Public Works Flynn reported on two burials at the Cemetery, equipment maintenance, streets and sidewalks snow and ice removal, salting and sanding, hockey rink cleaning and flooding, trimming and pruning trees, chipping brush, maintaining street lighting, filling potholes, hauling brush and compost, the Sewer Department is doing bar screen, lift station and plant maintenance, the Water Department is clearing snow from fire hydrants, meter change outs and adding radio readouts. There will be a zoning amendment coming to rezone the Memorial Hospital, Inc. property from R-1 Residential to R-2 Multi- Family and an alley abandonment for an alley next to the Clark County Shop. Director of Public Works Flynn reported that MSA Engineering has reviewed the Memorial Hospital, Inc.-d/b/a Marshfield Medical Center-Neillsville new sewer main and lift station plans for the City. All identified items have been corrected for the sewer main and lift station from River Avenue in the Town of Pine Valley to Clay Street in the City of Neillsville. JSD Engineering needs an “Official Letter” of plan approval from the City to move forward with DNR permits. Discussion followed. Motion Glassbrenner, second Clough, to recommend to the Common Council that the Director of Public Works be authorized to sign an “Official Letter” approving the Memorial Hospital, Inc.-d/b/a Marshfield Medical Center-Neillsville sewer main and lift station project. All Aye. Director of Public Works Flynn presented a cost estimate from Ratsch Engineering Company, LTD for a new Cemetery/Parks building. The cost estimate for a 40’ by 100’ garage with a 20’ by 20’ office, including minimal site work, with no demolition of the existing building is $460,893. Council Member Clough stated when this was first discussed the idea was that Cemetery/Sexton Barth could do most of the work. Director of Public Works Flynn stated this would be a commercial building and the City would be limited what it could do. Barth could do some minor interior work and the demolition of the old building. Council Member Counsell asked if they could relocate to another building. City Attorney Wachsmuth asked if something could be purchased. Director of Public Works Flynn stated that we have nothing that the City owns, all the equipment keeps getting bigger and everyone (Streets, Water and Sewer) are already getting tight. He would not want to leave the Cemetery. It is nice when digging a grave and you need something you’re there or when you are waiting for the service to finish so you can cover the grave. Discussion continued. Motion Neville, second Clough, to refer the Cemetery/Parks building to the Finance Committee for further discussion. All Aye. Director of Public Works Flynn stated that the City received the excess phosphorus discharge variance payment billing from the DNR. Last year was a partial year and we paid four counties $5,238. This year’s payment is over $58,000. The City’s phosphorus variance went from .10 to .08, but we pay for anything over .02 and last year we had two very rainy months (April and October). Motion Weiers, second Clough, to adjourn. All Aye. _____________________________________ Jerry L. Quicker, Chair ___________________________________ Rex R. Roehl, Clerk ************ COMMON COUNCIL COUNCIL ROOM FEBRUARY 11, 2020 7:00 P.M. The Common Council met in regular session, Mayor Glassbrenner presiding. On roll call: all members present. The Pledge of Allegiance was recited. The minutes of the previous meeting were declared approved. Council Member Neville reported on the January 30, 2020 meeting of the Heritage Days Committee regarding: 1) financial report, 2) another community event was discussed with Kristin Smith and Deb Esselman, 3) Miss Neillsville update and 4) discussion on gem show vendor, beer vendors, pub crawl, scavenger hunt, face painting and Thursday night DJ. Mayor Glassbrenner reported on the February 3, 2020 meeting of the Police and Fire Commission regarding: 1) discussion on Police Department personnel staffing, full-time eligibility list, part-time police officers and a job title change from Investigator to Sergeant/Investigator, 2) discussion on and authorization for the Police Department to create and eligibility list for full-time police officers, 3) discussion on and recommendation to the Personnel Committee that the Police Department be allowed to recruit and employ part-time police officers and 4) discussion on and authorization to change the job title of Investigator to Sergeant/Investigator. City Attorney Wachsmuth stated we had a change in name position before and it cost the City a lot of money to get rid of the Detective title. The Personnel Committee needs to contact the Union. Chief of Police Mankowski stated that the job description came from the Union and he contacted other municipalities. City Clerk Roehl reported on the February 11, 2020 meeting of the Personnel Committee regarding discussion and recommendation to allow the recruitment and hiring of State certified Other Part-time police officers at a pay rate of $16.75 to $20.00 per hour. Council Member Quicker reported on the February 11, 2020 meeting of the Commission on Public Works/Utilities regarding: 1) current activities, 2) discussion on and recommendation that the Director of Public Works be authorized to sign an “Official Letter” approving the Memorial Hospital, Inc.-d/b/a Marshfield Medical Center-Neillsville sewer main and lift station project (from River Avenue to Clay Street so the project can move forward with DNR permits) and 3) discussion on and referral of the Cemetery/Parks building to the Finance Committee. Mayor Glassbrenner declared all reports filed as presented with the City Clerk. City Attorney Wachsmuth read the following ordinance stating that item #3 (golf carts) below as allowed by State statute is very limited, unless the City adopts its own ordinance.  ORDINANCE NO. 1060 AN ORDINANCE AMENDING SEC. 8-1-25 OFF-HIGHWAY VEHICLE OPERATION IN CITY RESTRICTED. The Common Council of the City of Neillsville does hereby ordain as follows: Section 8-1-25 is hereby amended to read as follows: It shall be unlawful to operate any mini-bike, go-kart or other motor-driven craft or vehicle principally manufactured for off-highway use on the City streets, alleys, parks, parking lots, or on any public lands or private lands or parking lots held open to the public, except as follows: 1) all-terrain vehicles and utility-terrain vehicles which are covered elsewhere in this ordinance; 2) lawn mowers; and 3) golf carts as allowed by state statute. The operator shall at all times have the consent of the owner before operation of such craft or vehicle on private lands. _____________________________ Charles W Glassbrenner, Mayor _________________________________ Rex R. Roehl, Clerk Motion Counsell, second Neville, that Ordinance No. 1060 be adopted. All Aye. Mayor Glassbrenner asked there were any questions on the Personnel Committee item. Motion Neville, second Quicker, to accept the recommendation to allow the recruitment and hiring of State certified Other Part-time police officers at a pay rate of $16.75 to $20.00 per hour. All Aye. Mayor Glassbrenner asked if there were any questions on the Commission on Public Works/Utilities item (2). Motion Clough, second Weiers, to accept the recommendation that the Director of Public Works be authorized to sign an “Official Letter” approving the Memorial Hospital, Inc.- d/b/a Marshfield Medical Center-Neillsville sewer main and lift station project. All Aye. Mayor Glassbrenner read Jill Neville’s resignation as member of the Library Board. Motion Quicker, second Clough, to accept the resignation of Jill Neville as member of the Library Board and to thank her for her five years of service (2015-2020) to the Library and City of Neillsville. All Aye. City Attorney Wachsmuth read the following ordinance. ORDINANCE NO. 1061 AN ORDINANCE AMENDING 9-2-15 PURCHASE OR POSSESSION OF TOBACCO PRODUCTS, The City Council of the City of Neillsville does hereby ordain as follows: Section 9-2-15, Purchase or Possession of Tobacco Products, is revised as follows: SEC. 9-2-15 PURCHASE OR POSSESSION OF TOBACCO, NICOTINE PRODUCTS OR VAPING PARAPHERNALIA BY MINORS. (a) Statement of Purpose. The City Council for the City of Neillsville determines that prohibiting the sale, furnishing or giving away of vapor devices and products to minors and prohibiting the possession, purchasing and use of such devices and products is in the public interest and will promote the public health, safety and welfare. (b) Definitions. The following definitions are applicable in this Section: (1) Cigarette. Has the meaning given in Sec. 139.30(1), Wis. Stats. (2) Distributor. A person specified under Secs. 139.30(3) or 139.75(4), Wis. Stats. (3) E-Liquid. A liquid product, whether or not it contains nicotine, that is intended to be vaporized and inhaled using a vapor product or device. (4) Identification Card. A license containing a photograph issued under Ch. 343, Wis. Stats., an identification card issued under Sec. 343.50, Wis. Stats., or an identification card issued under Sec. 125.08, Wis. Stats. (5) Jobber. Has the meaning given in Sec. 139.30(6), Wis. Stats. (6) Law Enforcement Officer. Has the meaning given in Sec. 30.50(4s), Wis. Stats. (7) Manufacturer. Any person specified under Secs. 139.30(7) or 139.75(5), Wis. Stats. (8) Minor. An individual who is less than eighteen (18) years of age. (9) Nicotine Product. Has the meaning given in Sec. 134.66(1)(f), Wis. Stats. (10) Person Who Sells Tobacco Products at Retail. A person whose ordinary course of business consists, in whole or part, of the retail sale of tobacco products subject to the state sales tax. (11) Person Who Sells Vapor Products or Devices at Retail. A person whose ordinary course of business consists, in whole or part, of the retail sale of vapor products or devices. (12) Possession of a Tobacco or Vaping Product or Device. Means either actual physical control of the tobacco or vaping product or devices without necessarily owning that product/device, or the right to control the tobacco or vaping product/device even though the item is in a different place or room than where the person is physically located. (13) Retailer. Any person licensed under Sec. 139.65(1), Wis. Stats., in regard to tobacco products, or, in the case of vaping, any person offering for sale vaping related products or devices. (14) School. Has the meaning given in Sec. 118.257(1)(c), Wis. Stats. (15) Subjobber. Has the meaning given in Sec. 139.75(11), Wis. Stats. (16) Tobacco Products. Has the meaning given in Sec. 139.75(12), Wis. Stats., and further means, but is not limited to, any substances containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco. (17) Use a Tobacco or Vapor Product. To smoke, chew, suck, inhale, or otherwise consume a tobacco product or vapor product. (18) Vapor or Vaping Product or Device. Any product or device containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking through the delivery of nicotine or any other substance through inhalation of vapor from the product. Included are any devices, regardless of shape or size, which employ a mechanical heating element, battery, or electronic circuit and that can be used to heat or dispense a liquid solution as a vapor which is intended for human consumption through inhalation. The term includes, but is not limited to, any device marked as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, vapes, tank systems, electronic nicotine delivery systems, electronic smoking device, or under any similar product name or description. Such devices may be similar in appearance to tobacco cigarettes, cigars or pipes, while others may resemble pens, USB sticks or flash drives, and other everyday items. Also includes any component part of such product or associated paraphernalia whether or not sold separately, such as, but not limited to, any vapor cartridge, solution, or other container, that may or may not contain nicotine, that is intended to be used with a vaping device. Not included is any product that has been approved by the FDA for sale as a tobacco cessation product or is being marketed and sold solely for such approved purpose.  (19) Vaping. The use of an electronic or other device that creates an aerosol or vapor from a vapor product, in any manner or in any form or the use of any oral vapor or smoking device. (20) Vending Machine. Has the meaning given in Sec. 139.30(14), Wis. Stats. (21) Vending Machine Operator. Has the meaning given in Sec. 139.30(15), Wis. Stats. (c) Prohibition Against Sale of or Availability of Cigarettes, Tobacco Products, and Nicotine Products to Minors. It shall be a violation of this Section for any retailer to sell or give away any cigarettes, tobacco products, or nicotine products to any person under the age of eighteen (18) except as provided in Sec. 254.92(2), Wis. Stats. A vending machine operator is not liable for the purchase of cigarettes, tobacco products, or nicotine products from his/her vending machine if operator was unaware of the purchase. (d) Prohibited Conduct. (1) Consistent with Sec. 254.92, Wis. Stats., a minor shall not do any of the following: a. Purchase or attempt to purchase a tobacco product, nicotine product, or vaping device or product. b. Possess or attempt to possess a tobacco product, nicotine product, or vaping device or product. c. Use a tobacco product, nicotine product or vaping device or product in a public place. d. Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his/her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product, nicotine product, or vaping device or product. (2) No individual, regardless of age, who is enrolled in public school may use, possess or attempt to possess a tobacco product, nicotine product, or vaping device or product on school grounds and property. (e) Exceptions. Subsection (d) above does not apply to a minor participating in any of the following: (1) An undercover operation in which the minor purchases or receives a tobacco product, nicotine product or vapor product under the direction of a law enforcement agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product, nicotine product or vapor product or device by the minor was not under the direction of a law enforcement agency and was not part of the undercover operation. (2) An undercover operation in which the minor purchases or received a tobacco product, nicotine product, or vapor product or device under the direction of the minor’s employer and with the prior approval of the local prosecutor’s office as part of an employer-sponsored enforcement action. (3) Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted with the prior approval of a law enforcement agency. (4) A minor may possess or handle tobacco product, nicotine product, or vapor device of product for the sole purpose of resale in the course of employment during his/her normal working hours if employed by a retailer licensed under Sec. 134.65(1), Wis. Stats. (f) Defense of Retailers. (1) Proof of all the following facts by a retailer who sells tobacco product, nicotine products, or vapor devices or products to a minor is a defense to any prosecution for a violation of Subsection (d) above: a. That the purchaser falsely represented that he/she had attained the age of eighteen (18) and presented a fraudulent identification card. b. That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of eighteen (18).  (2) A retailer or vending machine operator shall post a sign(s) in areas within his/her retail premises where tobacco products, nicotine products, or vapor products or devices are sold to consumers stating that the sale of any tobacco product, nicotine product, or vapor product or device to a person under the age of eighteen (18) is unlawful under this Section or comparable state laws. (g) Furnishing to Minors. Consistent with the requirements of Sec. 134.66 Wis. Stats.: (1) No person shall sell, furnish or give any tobacco product, nicotine product, or vapor product or device to a minor, including, but not limited to, through a vending machine. (2) Before selling, offering for sale, giving, or furnishing a tobacco product, nicotine product, or vapor product or device to an individual, such person shall verify that the individual is at least eighteen (18) years of age by doing one of the following: a. Examining a government-issued photographic identification that establishes that the individual is at least eighteen (18) years of age. b. For sales made through the internet or other remote sales method, performing an age verification through an independent, third-party age verification service that compares information available from a commercially available database, or aggregate of databases, that are regularly used by government agencies and businesses for the purpose of age and identity verification of the personal information entered by the individual during the ordering process that establishes that the individual is eighteen (18) years of age or older. (3) No manufacturer, distributor, jobber, sub-jobber, or retailer, or their employees or agents, may provide cigarettes, tobacco products, nicotine products or vapor devices or products for nominal or no consideration to any person under the age of eighteen (18). (h) Seizure of Products. A law enforcement officer may seize any tobacco product, nicotine product, or vapor device or product involved in any violation of this Section committed in his/her presence. (i) Penalties. Any person who violates provisions of this Section shall be subject to the penalties set forth in the general penalties provision of this Code or Ordinances in Sec. 1-1-7, except that where a minor is adjudged to have violated this Section, the court is also authorized to impose any of the dispositions in Secs. 938.343 and 938.344, Wis. Stats. _____________________________ Charles W Glassbrenner, Mayor _________________________________ Rex R. Roehl, Clerk City Attorney Wachsmuth stated that there is an inconsistency with the law as the Federal government has changed the age to 21 and the State law is 18 yet. Council Member Quicker asked what happens if the State changes to age 21. City Attorney Wachsmuth we would have to change to be consistent with the new laws. Council Member Neville stated we should stay with the State law and he asked Chief Mankowski what he thought. Chief of Police Mankowski stated we should stick with the State law. Motion Counsell, second Neville, that Ordinance No. 1061 be adopted. All Aye. Chief of Police Mankowski reported January 2020 complaints, citations, warnings, investigations and business checks. Mankowski stated business checks are a new category- the officers are checking businesses at night and stopping in during the days-business checks will be increasing and more discretion will be used on traffic stops. A mission statement and core values have been developed, an evidence audit has been done by the Clark County Sherriff’s Department, an equipment inventory has been done, daily logs have been started, he has rode with each officer to get the feel of the department, he is meeting with business owners to hear their complaints and praises as well, and the various schools he and the officers are attending. Council Member Weiers ask how businesses will be checked for the new ordinance on “vaping”. Chief of Police Mankowski stated it will be mainly complaint driven with “vaping” being mainly a school issue. City Attorney Wachsmuth stated the case against Lloyd Meyer for refusing to sign off on the City’s paid off land contract with him has been filed. Meyer has been served. The response period has passed with no response from Lloyd Meyer. The case has been scheduled for a March 16, 2020 hearing. City Attorney Wachsmuth reported that the Memorial Hospital, Inc. – d/b/a Marshfield Medical Center – Neillsville water line installation across the Brunette property has been resolved with the Brunette’s giving them an easement so things can move forward. Mayor Glassbrenner reported on the Clark County Transportation meeting. The Neillsville Taxi ridership is staying level, but the state and federal funding share is decreasing about a percent. Tavern Operator’s License Application: Laurie L. Thurston Motion Quicker, second Clough, to grant. All Aye. Motion Neville, second Weiers, that City Bills Nos. 125 to 180 in the amount of $299,873.39 be paid. All Aye. Mayor Glassbrenner reminded everyone about the West Central Wisconsin Regional Planning Commission presentation of the Economic Impact Study Findings for the Marshfield Medical Center – Neillsville Campus being held at the Clark Cultural ART (CART) Center, 201 E. Fourth Street, at 6:00 P.M. on Wednesday, February 12, 2020. The public is invited. Motion Counsell, second Neville, to adjourn. All Aye. __________________________________ Charles W Glassbrenner, Mayor _______________________________ Rex R. Roehl, Clerk ************