CITY OF BURLINGTON – CITY COUNCIL

Minutes

Committee of the Whole

Police Department Courtroom

July 3, 2007, 6:30 p.m.

On this Tuesday evening, Mayor Lois called the meeting to order at 6:30 p.m. starting with roll call. Roll Call: Thomas Vos, Robert Prailes, Peter Girolamo, Katie Simenson, Robert Miller, Kent Strong and John Thate. Alderman Steve Rauch was excused. Also present were: Police Chief David Walsh; Police Dept. Lieutenant Scot Eisenhauer; Department of Public Works – Streets and Parks Supervisor Larry Gobel; Department of Public Works – Utility Manager Connie Wilson; Department of Public Works Utilities Supervisor Dick Pieters; Budget Officer Bridget Lois; Fire Chief Dick Lodle; Library Director Gayle Falk; City Administrator David Torgler; City Attorney Thomas Kircher and Building Inspector Patrick Scherrer.

Citizen Comments – Ms. Deb Rintamaki, 29007 Bushnell Road Town of Burlington and City employee representing AFSCME Local 807, was present at this evenings meeting to voice her agreement with the nepotism ordinance on the agenda this evening. She also suggested that in light of recent events that brought up the nepotism issue, the City should look into starting a proactive committee to deal with such issues.

Mr. Ralph Newbury, 325 Robins Run, City of Burlington, commented on the how residential waste material disposal has become an issue.

Alderman Simenson voiced her concern regarding the Council voting on items directly out of closed session. She felt that these items should be discussed at one Council meeting during a closed session and then brought back in two weeks to another Council meeting for action.

Approval of Minutes – Alderman Girolamo moved and Alderman Vos seconded to approve the minutes of June 19, 2007. All were in favor and the motion carried.

DPW Needs Analysis Report Addendum – Mayor Lois and the City Council gave consideration to the DPW Needs Analysis Report Addendum from Applied Technologies. After discussion and concern raised at the May 15, 2007 Committee of the Whole meeting, Applied Technologies drafted an Addendum, dated May 23, 2007, to provide information on the cost of renovating the existing DPW facilities. This addendum provided the estimated proceeds the land the current DPW sits on, the feasibility of using the old wastewater treatment plant site, selling that land and the estimated cost to buy additional land south of the current WWTP site. This issue will move forward to the July 3, 2007 City Council meeting for consideration.

Resolution 4131(26) – Mayor Lois and the City Council gave consideration to a resolution approving Task Order Number Six with Applied Technologies, Inc. to provide engineering services for the conceptual design of an integrated facility for the not-to-exceed amount of $29,800. This task order, which is recommended by the Utility Manager, will be for engineering services provided by Applied Technologies, Inc. for the conceptual design of an integrated facility to house the DPW and the WWTP divisions at the Water Pollution Control Facility set. Improvements planned will be remodeling and expanding the existing Administration Building, improvements to the existing Maintenance Building and the addition of a new Vehicle Storage Building. Funding for this project is not in the 2007 budget and will have to budgeted for in 2008. Mayor Lois noted that with the enormous time and planning that this issue requires, he felt that the Council should table this item for at least six months or until a new administrator is hired.

Alderman Vos agreed with the decision to table this issue due to several issues still needing to be dealt with, as well as being certain that all Council members are in agreement with the project when it is ready to begin.

This issue will be tabled for approximately six months or until a new administrator is in position.

Ordinance 1835(8) – Mayor Lois and the Council gave consideration to an ordinance to create Section 35-4(G) of the Code of the City of Burlington regarding nepotism. Chief David Walsh drafted this ordinance to include nepotism in the Conflict of Interest section of the Municipal Code’s "Code of Ethics" Section, creating section 35-4(G). The ordinance states that, "No person in a supervisory position shall appoint to a position funded by his/her budget or operating under his /her direct or indirect supervision (unless in a non-routine, emergency situation or conditions) a person who is a relative to him/her or a person considered to be a "significant other". For purposes of definition for this policy, a relative includes his/her spouse or any one of the following: parent, child, uncle, aunt, brother, sister, niece, nephew or any of the same relative of his/her spouse. A "significant other" would include a person with whom the supervisor cohabits or with whom he/she maintains an intimate relationship."

Alderman Girolamo voiced his concern that this ordinance was not going far enough to prevent nepotism issues in the future. He felt that relatives of current City employees should not be hired for any City positions, period.

Alderman Strong stated that while he appreciated the effort in creating this ordinance he felt that it would be a very hard thing to uphold due to Burlington being such a small city, with a large quantity of the people being related in some way or another. He also felt very uncomfortable in how the City would determine the meaning of an intimate relationship with a "significant other". Chief Walsh noted that he mimicked the States ordinance on this issue, however, agreed that if the City wants something more detailed, this ordinance would need more specifics.

Alderman Vos noted that there have never been any issues with this in the past.

Alderman Simenson stated that she researched the nepotism policy that Appleton has and found that there are similar policies in Lake Geneva and Rice Lake which are communities similar in size to Burlington. She also noted that after several door to door conversations with residents in her district, she received many upset responses to the hiring of Bridget Lois to the treasurer position. She felt that the hiring of any relative of current City employees was not in the best interest of the City.

Alderman Girolamo suggested that a line be included in the ordinance to allow for any nepotism issue to be voted on by the Council. Attorney Kircher informed the Council that this ordinance mirrors the State Code of Ethics which the City is currently bound.

This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Resolution 4130(25) – Mayor Lois and the City Council gave consideration to a resolution approving an amendment to the City of Burlington’s health care plan. The amendment, recommended by Chief Walsh, would allow an employee who has a medical emergency and visits a preferred provider emergency facility and receives treatments for a pathologist, anesthesiologist, radiologist or an emergency room physician to be covered on the insurance plan under "preferred providers". This would mean that even if the doctor is not in the PPO network, the services provided would still be covered as if they were. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Resolution 4133(28) – Mayor Lois and the Council gave consideration to a resolution authorizing the submittal of a State Grant Application for the purpose of conducting a Clean Sweep Program. Several inquiries have come from city residents regarding disposing of hazardous waste materials, such as paint, solvents and the like. At this time, the City does not have a program in place to handle hazardous waste and normal garbage collection will not accept such items. Without an outlet to dispose of hazardous items, improper storage or disposal could occur affecting the groundwater, environment and residents overall health. This resolution will allow the Department of Public Works to file applications with the state to receive grants for the Clean Sweep Program, covering approximately 75% of the costs. The additional 25% of the costs that the City would pay will need to be addressed as to how the Council would like to budget for the program.

Mayor Lois agreed that the City is in need of this program; however, he felt that the fee should be calculated on an as needed basis and for those who will use it not just blanketed to everyone in the City. Alderman Vos agreed with the program and also felt that only those that use it should pay. Discussion ensued regarding whether the cost and it’s collection would have an adverse affect on people’s desire to use the program. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Resolution 4132(27) – Mayor Lois and the City Council gave consideration to a resolution naming the Mayor as the Authorized Representative of the City of Burlington for the purpose of filing for Recycling Grants to responsible Units and Recycling Efficiency Incentives Grants. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Conceptual discussion regarding Conservation Subdivisions – Mayor Lois and the City Council had a conceptual discussion regarding conservation subdivisions. A conservation subdivision is unlike a traditional subdivision and offers "cluster development", with residences close together on smaller lots surrounded by preserved open space that is protected from future development. It can provide scenic views, walking trails and rural landscapes.

Alderman Simenson informed the Council that after researching this issue she has found Mr. Jeffrey Sanders, OMNNI Associates who would be willing to come and speak to the Council regarding conservation subdivisions at no charge. She noted that if Mr. Patrick Meehan, Meehan and Company, Inc. (currently under contract as the City’s Planner) were to come and speak the City would be charged. Several aldermen felt that the City is currently working with the conservation concept and doing an admirable job by working with developers to try and maintain as much of the primary and secondary corridor that exists. The Council also would have no objections to someone coming in to educate them further on this issue. Mayor Lois stated that he would schedule an appropriate time for Mr. Sanders to come and speak to the Council.

Discussion regarding Assembly Bill 409 – Mayor Lois and the City Council discussed the City’s support of Assembly Bill 409. Administrator Torgler explained that this bill does not directly affect the City; however, it will benefit the City of Burlington and other communities by authorizing a city to make or incur an expenditure for a project cost in an area that is within a radius of up to one-half mile of the TID’s boundaries, provided that the city’s proposed expenditure is approved by the joint review board. This issue will move forward to the July 3, 2007 City Council meeting for consideration.

Resolution 4131(29) – Mayor Lois and the Council gave consideration to a resolution to approving a license agreement with Baseball 2000 to use the City’s "Chocolate City USA" logo for the 2007 U-16 State Baseball Tournament. Baseball 2000 will be hosting the 2007 U-16 State Baseball Tournament later this month at Ginger Beaumont Field and has requested a license to use the City’s "Chocolate City USA" logo as part of their printed materials, including informational products and tournament shirts. Pursuant to the City Code the City Council may grant licenses for use of the City’s logo by adoption of a resolution. Mayor Lois noted that this is the first state tournament that has been held in the City which will hopefully promote Burlington for future tournaments.

Adjourn – Alderman Vos moved and Alderman Strong seconded to adjourn. All were in favor and the motion carried.

Adjourned at 7:27 p.m.

Recording Secretary – Angela M. Hansen

 

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