City Council

COMMISSION ON PUBLIC WORKS/UTILITIES COUNCIL ROOM OCTOBER 26, 2021 6:45 P.M. The Commission on Public Works/Utilities met in regular session, Chair Clough presiding. On roll call: all members present. The minutes of the previous meeting were declared approved. Director of Public Works Friemoth reported on two burials at the Cemetery, lawn mowing and weed trimming, mulching leaves, brush mowing Cemetery and Industrial Park, pothole patching, replaced some downtown parking signs, hauling brush, Water Department-daily testing and maintenance, utility locates, flushing and winterizing hydrants, changing out meters and installing radio read outs, booster plant filter maintenance, Sewer Department- daily testing and lab work, lift station maintenance, all departments have been helping City Hall move. Director of Public Works Friemoth reported on the following on-going nuisance properties: 319 E. Fifth Street – not responding to letters or tickets 209 W. Tenth Street – mowing letters, may be going back on tax deed 304 Hewett Street – mowing letters work as a reminder, does eventually 508 Forest Street – house was demolished; however, the owner has never capped off the water and sewer utilities (cost under $1,000); they brought in black dirt and mowing issues; if the City does it, bills it, tax rolls it, we may end up writing it off; at this time it is not being used of leaking 624 Hewett Street – a commercial building that seems to be warehousing Discussion followed on what can be done, sending the letters certified versus regular mail and having to give proper notice before mowing, etc., Friemoth does use door hangers before doing the work. Motion Harnisch, second Counsell, that Water Bills Nos. 229 to 258 in the amount of $60,383.25 and Sewer Bills Nos. 177 to 194 in the amount of $92,148.10 be paid. All Aye. Chair Clough announced a closed session per Sec. 19.85(1)(e) for the purpose of deliberating or negotiating the purchase of public properties, the investing of public funds, or the conducting of other specified public business, as long as competitive or bargaining reasons require a closed session, and may reconvene into open session. Motion Murphy, second Perrine, to invite the City Attorney Wachsmuth, Director of Public Works Friemoth and City Clerk Roehl to remain for the closed session. All Aye. Motion Murphy, second Neville, to go into closed session per Sec. 19.85(1)(e) for the purpose of deliberating or negotiating the purchase of public properties, the investing of public funds, or the conducting of other specified public business, as long as competitive or bargaining reasons require a closed session, and may reconvene into open session. On roll call: All Aye. COMMON COUNCIL COUNCIL ROOM OCTOBER 26, 2021 7:00 P.M. The Common Council met in regular session, Mayor Murphy presiding. On roll call: all members present. The Pledge of Allegiance was recited. The minutes of the previous meetings were declared approved. Mayor Murphy reported on the October 14, 2021 meeting of the Property Committee-City Hall and Police Department regarding: 1) the cabinets, base frames and countertops are installed, 2) the monument sign base has been installed and the electrical is scheduled, 3) directional signs have been installed, 4) the tile has been installed in the IT room and vault, 5) the carpet tile has been installed in the lobby and Council Room areas, 6) tables have arrived, 7) Council chairs and the stackable chairs have been ordered, 8) the Wisconsin Election Commission is going to require a .gov email address, 9) the office area cabling is scheduled, 10) Audio Architects have been contacted that the flooring is done, 11) discussion on a PEG channel through the Police Department network, 12) the telephone system change over will happen November 1, 2021, 13) the email directory will be migrated this weekend, 14) the City Shop internet installation has been delayed, 15) the new City Custodian has started, 16) the City’s Workhorse Software will have to be reinstalled on the new network, 17) discussion on replacing the refrigerator, 18) discussion on the City Hall move and 19) the new City Hall opening date will be Monday, November 1, 2021. Council Member Harnisch reported on the October 20, 2021 meeting of the Historic Preservation Commission regarding: 1) discussion on adding the Merchant’s Hotel property, 105 W. Seventh Street, to the Local Historic Registry of Historic Places, 2) discussion on the signage process, 3) the Historic Preservation files have been moved to the new City Hall, 4) discussion on funds and 5) discussion on and approval of payment for a $891 Historic Preservation grant to Roger and Sharon Christopherson, The Brickyard owners, for their painting project, and 6) discussion on a Christmas Tour of Homes and other alternatives – no action taken. Council Member Clough reported on the October 26, 2021 meeting of the Commission on Public Works/Utilities regarding: 1) current activities, 2) discussion on nuisance properties, 3) payment of bills and 4) a closed session per Sec. 19.85(1)(e) for the purpose of deliberating or negotiating the purchase of public properties, the investing of public funds, or the conducting of other specified public business, as long as competitive or bargaining reasons require a closed session, and adjourned in closed session. Mayor Murphy declared all reported filed as presented with the City Clerk. Jon Counsell stated you have an agenda item adopting a future Recreation Plan. The plan includes a trail from Neillsville through Granton to Chili costing $3 to $5 million. It’s a basic reality the trail has to be on someone else’s property, for this to occur you need a willing property owner. There currently is a Clark County Court Case involving Lloyd Meyer/Xcel (NSP) Energy/ Neillsville Improvement Corporation (NIC). Dawn Schultz, Xcel /NSP siting land rights agent, placed under oath, stated at this time Xcel/NSP has no interest in transferring land to NIC or anyone else. How accurate is this proposed plan, is it proposing something feasible or just a wild dream. Take a close look at the lawsuit and papers filed at the Courthouse. Diane Kren, Chamber of Commerce Director, stated she spoke with Mayor about people living in a van on W. Seventh Street, since being evicted from the old hotel. The City has no ordinance against it, do we want the City to become a slum, we need to beef up the City ordinances, so the Chief of Police can enforce it, the Council should be working for the people. Kren stated at the July 13, 2021, the Council had granted the use of the Gazebo and Library parking lots for Autumn Fest, a week before the event, Council Member Clough called stating the Farmer’s Market is still going on. Her records show the Farmer’s Market from the last weekend in May until the first weekend in October, when did it change, she has been advertising wrong. Did the City take it over. She was told there were five vendors, so she marked off the rest for the Autumn Fest event, more showed up and she lost her food vendor, as they had no place to plug in. The Farmer’s Market people harassed her about being there, once the Council gives permission, there should be a way to enforce it. This needs to be figured out. Council Member Clough stated that the Farmer’s Market had been abandoned for years when former Chamber Director Deanna Heiman brought it back, working with the Extension office, a set of guidelines were developed. Council Member Neville stated someone has to be in charge. City Attorney Wachsmuth asked who wrote the rules, the City owns the property, if there are rules then the City should be approving them. Council Member Neville stated Kren needs direction, there has to be a point person and safety rules. Council Member Clough stated that he has been putting out the sign, being downtown, the vendors come to him, he had talked to the vendors ahead of time, however there still was confusion. Mayor Murphy stated that she had talked to both the City Attorney and Chief of Police on the people living in the van. Kren stated that a County Health person was delivering bottled oxygen to the van, the lady in the van smokes and she is concerned about the whole City block, should the County Health Department not have stepped in. Chief of Police Mankowski stated that if they are back call him, it was suggested and an alternate location was given, it’s private property and the owner is uncooperative. The owner was notified by letter to change the locks, we are doing everything we can do. City Attorney Wachsmuth stated that there is not ordinance against sleeping in your vehicle overnight. Jerilyn St. Armand questioned why the County isn’t doing mandatory reporting and stepping in and she is concerned about the City co-signing on the DNR grant and not knowing the full truth about the trail project. Chief of Police Mankowski stated it all ties together – the eviction notice, closing the hotel, living in the van, the Health Officer’s order to change the locks, an uncooperative property owner as well as the cockroach issues and moving place to place. We need to schedule a meeting time with the City Attorney. Council Member Counsell asked if we have other locations, as people move from place to place, they take them with them. Health Officer Doris Bakker stated an eviction should be immediate to stop the spread, our ordinances don’t have enough teeth to affect what is needed, yes it is costly. City Attorney Wachsmuth stated there are limitations on what you can do, we can strengthen our ordinances. Health Officer Bakker stated that we try to do things cooperatively first. Chief of Police Mankowski stated education first, before involving the City Attorney and putting people out. City Clerk Roehl reported that the Citizens State Bank loan has been closed and the proceeds received for the new City Hall building. Motion Neville, second Harnisch, to accept and appropriate $550,000 to Account No. 49100 Proceeds from Long-Term Debt (revenue account) and to Account No. 57140 Public Buildings Outlay (expense account). All Aye. City Attorney Wachsmuth read the following resolution. RESOLUTION NO. 616 RESOLUTION TO ADOPT THE CITY OF NEILLSVILLE OUTDOOR RECREATION PLAN, 2021-2026 AS THE OFFICIAL COMPREHENSIVE OUTDOOR RECREATION PLAN FOR CITY OF NEILLSVILLE WHEREAS, the City of Neillsville, with assistance from West Central Wisconsin Regional Planning Commission, has completed an updated comprehensive outdoor recreation plan for the City; and,  WHEREAS, this plan includes city characteristics, provides a parks and outdoor recreation inventory, and identifies foreseeable outdoor recreation needs for the City of Neillsville; and, WHEREAS, this plan identifies specific recommendations and an action plan for improving the recreational facilities and opportunities within the City of Neillsville; and, WHEREAS, this plan is consistent with and is further supplemented by the City of Neillsville 2021-2041 Comprehensive Plan adopted August 19, 2021; and, WHEREAS, municipalities are required to have a comprehensive outdoor recreation plan updated within the last five years and on file with the Wisconsin Department of Natural Resources in order to be eligible for certain state and federal cost-sharing financial aids for the development or improvement of outdoor recreation facilities; NOW, THEREFORE, BE IT RESOLVED, that the City of Neillsville City Council hereby adopts the City of Neillsville Outdoor Recreation Plan, 2021-2026 as the official comprehensive outdoor recreation plan for the City of Neillsville. __________________________________ Diane L. Murphy, Mayor ________________________________ Rex R. Roehl, Clerk Council Member Clough stated the DNR grant was requested and received for the trailhead park area and seven-tenths of a mile trail which is already owned. The seven-tenths of a mile trail has nothing to do with the lawsuit. The trail was in the City 2013 Recreation Plan, it’s been in plans for over ten years, this is not a buyer/seller arrangement, it’s a plan. If you don’t have a plan, you don’t get anywhere, lots of plans never come about. Council Member Counsell stated it is not a co-signed application/grant, the City Mayor is the only one who signed it, the monies go to NIC. Council Member Clough stated that NIC is the Fiscal Agent. Council Member Counsell stated that it is a little misleading, in the future clarification should be better, we were the applicant, no one else, we as Council Members never saw the application. Mayor Murphy stated we knew the City was the applicant. Council Member Clough stated it was reviewed by the City Attorney. Motion Clough, second Neville, that Resolution No. 616 be adopted. Council Member Counsell-Nay, All other members- Aye. 4-Aye, 1-Nay. Motion carried. Mayor Murphy presented a request to have a plaque made for the new City Hall dedicated to the memories of Kurt and Marquerite Listeman and Harold Naedler as they gave so much to the City. Council Member Neville asked if we are naming the building after them. Mayor Murphy replied “no”, it’s for their financial gifts to the City. Council Member Perrine stated it would be a commemorative plaque then. Motion Neville, second Harnisch, to approve the request for a commemorative plaque for Kurt and Marquerite Listeman and Harold Naedler at the new City Hall. All Aye. Mayor Murphy presented Alexander Marth’s Letter of Resignation as a City Police Officer effective October 31, 2021. Motion Counsell, second Clough, to accept the resignation of Alexander Marth as a City Police Officer effective October 31, 2021. All Aye. Council Member Counsell stated that she placed the expenditure of the remaining available 2021 Police Department funds and other available funds given changes made to the 2022 Police Department budget on the agenda to clear up misunderstandings and get everyone to understand. Council Member Counsell stated during the budget process, we took $27,730 out of the 2022 budget to spend in 2021. City Clerk Roehl presented benefit money to be split half Police Department and half Fire Department as part of the discussion. Half of the benefit saving is $26,660. Chief Mankowski present an over and under budget projection for 2021, which the Council did not see, and taking out the $20,000 in legal fees, he has a total savings of $44,227. Total funds available $97,387. Council Member Counsell stated she is trying to clarify, there is the opportunity to buy a new vehicle for $47,769. Gross Motors has the vehicle of their lot, and the cost break down includes the vehicle plus setup. The City has nothing relatively new (a 2013 Dodge Charger, a 2014 Chevy Tahoe and two 2013 Ford Taurus). Mayor Murphy referred to City Ordinance Sec. 2-2-3 as the Mayor being the Chief Executive Officer and State Statute 62.09(8). Murphy stated that the Police Department is a customer service business and should be run as a business, you just don’t spend money because it’s available. Chief Mankowski has been self-employed and knows how to run his Department. Council Member Clough stated that Council Member Counsell put these sheets together, a department head is responsible for their department and budget and he feels Council Member Counsell over stepped boundaries on how the Chief should spend money. Council Member Counsell stated she worked with the Chief of Police, the Finance Committee sets the budget dollars, the Council is responsible for the budget, she made the workpapers for today and the Police and Fire Commission handles personnel. Council Member Clough stated the Council sets the budget, the Chief runs the department and department budget, he feels there was overstep. Council Member Neville asked how much does the Chief have to spend. City Clerk Roehl stated that the amount taken from the 2022 budget ($27,730) is doubling up with the half share of benefits savings ($26,660). The 2022 amount was a proposal with no money levied for it, so it cannot be counted as cash. Council Member Counsell stated the $44,000 City Clerk Roehl proposed is the $18,000 projection from the Chief’s over and under budget projections plus the $26,000 half benefits savings, you need to add the $20,000 back for legal fees which the Council approved for the Police Department to go over budget. Chief of Police Mankowski stated after talking with City Clerk Roehl the proposed car ($16,500) and equipment ($10,660) was taken out of the 2022 budget and to be purchased in 2021 with the one time benefit budget savings. Chief of Police Mankowski state that he is trying to run the Department as efficiently as possible, purchasing good used equipment from other departments, he is implementing a property and asset management system for more accurate accounting. The Department is not a business, but has to be fiscally responsible and he does not want to get into the politics. City Attorney Wachsmuth stated it is not the spending, it is how much do you have to spend. City Clerk Roehl and Council Member Counsell don’t have the same dollar amount. Council Member Counsell stated that City Clerk Roehl’s dollar amount includes the $20,000 in legal fees. Chief of Police Mankowski stated if you buy new, it wears out fast and if you get a new vehicle now what’s in the future, he doesn’t like high speed pursuit. If the Council wants brand new. Council Member Neville stated we are not here to tell you what to spend. Chief of Police Mankowski asked if he has a Department budget or a line item budget. Council Member Clough stated it is a Department budget plan. Council Member Neville stated Chief Mankowski is in charge to do what he thinks is best. Chief of Police Mankowski reported on training, personnel openings (two full-time and two- part time), equipment (purchase of three used AR-15 rifles from the New Glarus Police Department for $900 and receiving a donation of two pet scanners to read chipped dogs and cats) and September citations, warnings, complaints, business checks and activity hours. The single point of access at the Courthouse has created no parking issues. City Clerk Roehl reported that the City Assessor, Appraisal Consulants, sent out 911 questionnaires during the revaluation process to property owners with 408 being returned for a rate of 44.79% and the Wisconsin Department of Revenue has certified our 2021 Assessment Ratio at 102.94%. Tavern Operator’s License Applications: Montana S. Baker, Tyler J. Buska, Brittany A. Trachte Motion Neville, second Harnisch, to grant all the listed licenses. All Aye. Motion Neville, second Clough, that City Bills Nos. 963 to 1024 in the amount of $60,383.25 and CDBG Housing Escrow Account Bills Nos. 5 and 6 in the amount of $11,400.00 be paid. All Aye. Motion Neville, second Harnisch, to adjourn. All Aye. __________________________________ Diane L. Murphy, Mayor ________________________________ Rex R. Roehl, Clerk ************