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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