MINUTES

ADVISORY COMMITTEE
Thursday, March 27, 2008

City Hall, Room 604
6:15 p.m.

 

 

MEMBERS PRESENT:  Council President Chad Fradette, Council Vice-President Chris Wery, Ald. John VanderLeest, Ald. Tom Weber, Ald. Celestine Jeffreys, Ald. Jerry Wiezbiskie

 

OTHERS PRESENT:  Ald. Guy Zima, Members of the Public, Members of the Media

 

1.      Call to order.

The meeting was called to order at 6:16 p.m. by Chairman Fradette.  Roll call was taken as noted above.

 

2.      Approval of the agenda.

Motion made by Ald. Jeffreys, second by Ald. Wiezbiskie to approve the agenda.  Motion carried.

 

3.      Approval of the minutes of the March 13, 2008 Advisory Committee meeting.

Motion made by Ald. Jeffreys, second by Ald. Vanderleest to approve the minutes of the March 13, 2008 meeting as submitted.  Motion carried.

 

4.      Discussion and action on Memorandum of Understanding between Brown County and the City of Green Bay for Transfer of Ownership and Human Use of Renard Island. (referred back to Committee at Council meeting of March 18th)

Chairman Fradette stated that City Attorney Allison Swanson had made some changes to the MOU that Council had wanted, and he accepted those changes and attended a meeting of the Brown County Planning, Development and Transportation Committee and took comment from them. He said that the County agreed in general to preserve Renard Island for use in the future. He stated that he made additional changes to the MOU and removed the verbiage where Atty. Swanson explained about liability to the city, because he understood the County to give him permission to remove anything related to the city expending funds or taking on liability.  He stated that he added a few Whereas’ to more clearly state the City’s wishes and added to paragraph #1 to include that the County will fund any costs associated with the cost of the city providing the clay cover.  He removed the long-term care responsibilities by the City for the topsoil and two feet of clay cover material from paragraph 5, added in words regarding materials to be used in clay cover in paragraph 6 and added the words Brown County’s contractor.  He removed the paragraph regarding a Voluntary Party Liability Exemption Agreement since it was agreed that the city would not be subject to any liability relative to the maintenance and responsibility of the island, but said the Committee could certainly add this back if they wished.  He opened the floor for discussion.

 

Ald. Vanderleest inquired about the total short term cost to the city being $30,000-$50,00? Ald. Fradette said the city’s cost would be little to nothing and explained how the city’s engineers will work with the County relative to recycled materials for the causeway and said there may be some trucking costs down the road, adding that if we only donate the materials for the causeway, there would be very minimal cost and said either the County or the Army Corps of Engineers will be responsible for building the causeway and will spread the clay cover material on the island.  Ald. Wiezbiskie inquired about the closure plan already being submitted? Chairman Fradette responded that his belief is that the closure plan has already been submitted and if we feel it’s sound, we should support it.

 

Ald. Zima expressed concern that the Army Corps of Engineers has to review the plan and agree to pay for it, adding that they feel a clay cap does not significantly change the likelihood of contaminants getting out and said they believe it’s a costly venture and large undertaking. Discussion ensued around the height of the island and the causeway, at the high spots would be 33-35 feet high and would be graded to different elevations and contours, and the causeway would be significantly lower. Chairman Fradette reviewed the data relative to the contaminants in the outer harbor sediments which contain high levels of lead and arsenic, adding that the concern that once the island is closed, it won’t be safe for use as park property.  He stated that is the reason we are going to provide clay from our storm water ponds to safely seal the island.

 

Ald. Zima inquired about storing the material until the closure is underway? Chairman Fradette said the clay material can be used for the Arnie Wolff Sports Complex and will be stored at the west end of Bay Beach when/if it needs to be stored in the future. He stated that in 5-7 years all material will have a place and the causeway will not be started for probably 1-2 years. Ald. Zima expressed concern that it has not been confirmed if the County or the Army Corps will bear the cost of building a causeway adding that he doesn’t see the County bonding for one penny.  Chairman Fradette relayed that the Army Corps agreed that building a causeway was the most cost efficient way and Cong. Kagen got an earmark to close the island in a short period of time, then the County may not have a choice. Chairman Fradette stated that clay is not going to be used to build the causeway but recycled materials will be donated from culverts, etc. from the city for the causeway.  He confirmed that the closure plan states that the County will cap the island and make it available for public use. 

 

Ald. Wiezbiskie explained that Cong. Kagen gave the Port Authority an amount of dollars to dredge the channel to keep the port open, which means approximately $75-$80 million economically for the city and said they have to start dredging. He stated that there are high levels of lead and arsenic in these dredgings and this is what they were going to use to cap the island.  He said this material needs to be de-watered; brought to Bayport, let it dry out and then truck it back to the island. He stated that the clay cover is the acceptable shield by the public, to protect what is already in the island and to keep the water that lands on it to infiltrate through it; slow the process of leaking through the walls (permeability).  Ald. Wiezbiskie said at a County meeting Monday evening, the Army Corps said they would do the grading for the county and talked about a causeway being most cost effective, adding that they were please to hear this. Ald. Zima recommended adding a Whereas to state that there would be limited liability on the part of the city and the county, so there would be no misunderstanding or surprises later on.

 

Ald. Vanderleest stated that the county would not be bonding for any money for the causeway. Motion made by Ald. Vanderleest, second by Ald. Weber to add to paragraph 4, to secure causeway funding from the Army Corps of Engineers and permitting needs.  Motion carried.

 

Ald. Fradette cautioned that the Army Corps may not fund the causeway, but we can certainly ask. Ald. Vanderleest said if we don’t get federal funding, the city and county would both be back to the drawing board. Ald. Jeffreys stated that she had a discussion with the DNR and they are satisfied with a cap that has arsenic and lead and if we want anything else, then clearly it means clay, which we need to get there. She inquired if the money is already secured?  Ald. Fradette stated that we don’t know since the causeway was just agreed to on Monday by the Army Corps, adding that this was a big change from their previous conversations, to which Ald. Wiezbiskie agreed that it was a 180 degree change. Ald. Jeffreys said this is not a contract but a general direction in which we are going, and we have removed the liability issues to the city.

 

Ald. Weber stated that to address the financial concerns of Ald. Zima and Ald. Vanderleest, he would like to make a motion to add paragraph 8. to read: “It is agreed and understood by ALL parties to this MOU that nothing in this agreement shall be construed to obligate the City of Green Bay to any financial obligation beyond the city’s cost of transporting and furnishing the clay cover materials as referenced in paragraph 6”.  The motion was seconded by Ald. Vanderleest.  Motion carried.

 

Ald. Zima wished to add language to make it clear to the public that we are going about this and that the Army Corps of Engineers is going to provide the funding to accomplish this. After brief discussion, it was agreed that this language would be too strong and limiting. Ald. Zima stated that now is the time to get the financial commitment while the federal government still wants something; to dump more material on the island. Ald. Jeffreys stated that the closure plan is in the works and may be executed within 90 days, according to the DNR.  Ald. Vanderleest believes it will take longer for this process and said the reality is that it will go back to the county and said the county will not be ordered to build and pay for a causeway, but would be given options.

 

Motion made by Ald. Wiezbiskie, second by Ald. Jeffreys to open the floor to allow interested parties to speak.  Motion carried.

   

Cathy Lefebvre, 1731 E. Shore Circle, Green Bay stated that she lives near the island and has had to put up with the contaminants from it. She inquired if the arsenic and lead will be blowing on them? She stated that we have a good agreement here; with closing of the island responsibly and doesn’t want anyone ruining this.

 

William Acker, 3217 Nicolet Drive, Green Bay stated that he speaks with the DNR engineers almost weekly and said they told him that the closure document needs to be finished by May 30th.  He asked if some of the changes could be submitted as an addendum. He addressed the liability item in the case of a storm and suggested adding a clause stating that if there is a storm event that carries spill into the bay, the city is not responsible for the cleanup.  He stated that he is excited about the agreement and the Nicolet Drive Neighborhood Association has been very active in this initiative and their board is preparing a document of support for this agreement.  He also said they were able to get the elevations reduced from what the county originally wanted. 

 

Motion made by Ald. Wiezbiskie, second by Ald. Weber to return to the regular order of business.  Motion carried.

 

A vote was taken on Ald. Weber’s motion to add paragraph 8 as stated above.  Motion carried.

 

Discussion ensued regarding submitting changes to addendums to the closure plan before May 30.  Ald. Vanderleest stated that the next County Board meeting will be held on April 15th. He stated that the Planning, Development, Transportation Committee will be reviewing the document before it comes before the full County Board.  He said this document could be submitted as an addendum to the closure plan. 

 

Motion made by Ald. Vanderleest, second by Ald. Fradette to approve the MOU as amended.  Motion carried.

 

5.      Request by Ald. Zima that the City adopt a policy whereby all additions or deletions to the City Table of Organization be approved by the Common Council prior to the presentation of the Annual City Budget by the Mayor to the Common Council. (referred back to Committee at Council meeting of March 18th)

Ald. Zima stated that he is trying to provide a safeguard for the legislative prerogatives regarding the Table of Organization for the City of Green Bay.  He stated that they learned by experience at the County that the executive branch inserted things into the budget and then the County Board was in a position to have to add things or take things out which were subject to vetoes and they then put in place that any changes from the Table of Organization, especially deletions have to go through committee and be approved by the legislative body. He said if the Mayor or executive branch wants positions deleted from the Table of Organization, it should go through committee and the full Council because once things are taken out and you have to put it back in, you need 2/3 vote for that.  He summed up by stating that he wants to preserve the legislative prerogatives and not allow a budgeting process to usurp Council’s rights on a simple majority basis to add or delete from the Table of Organization.

 

Ald. Jeffreys stated that the Advisory Committee had agreed with this process and believes the issue is how, not why. Ald. Zima said his concern is with one committee at the 11th hour approving changes to the Table of Organization and he feels it should be part of the Council agenda.  Ald. Weber said he believes what is at issue is the timing of the joint Finance & Personnel committee and if this meeting was held earlier and a full council between the joint Finance and the Council budget meeting, it would relieve his concern.

 

Motion made by Ald. Weber, second by Ald. Jeffreys to amend the previous motion by the Advisory Committee to state that the Joint Finance & Personnel will be at such time that there will be a full Council meeting before the Council budget meeting. 

 

Discussion:  Ald. Vanderleest said if changes to the Table of Organization were rejected by the Council two weeks prior to the budget Council meeting, the Mayor would have the right to make other changes. Ald. Wery said the Mayor would need to go back to Committee with changes.  Further discussion stated that this motion gives Council time to look at positions and duties before budget time and to receive the budget at the 11th hour isn’t a good thing.  Ald. Jeffreys stated that the Mayor and committees should both have some contingencies ready relative to the budget and positions in the Table of Organization.  Ald. Vanderleest would like to see the Mayor provide a budget calendar with the changes to the Table of Organization 2-4 weeks before the budget meeting. Ald. Zima stated that it would be Council’s decision on a simple majority basis to make decisions on the Table of Organization.

 

A vote was taken on Ald. Weber’s motion.  Motion carried.

 

Chairman Fradette stated that he would like to hold an Advisory Committee on Wednesday, April 9th and asked for times prior to the Protection & Welfare Committee meeting that members would be available.  After brief discussion, no time was decided and the next Advisory Committee meeting will be scheduled in the next week.

 

Motion made by Ald. Wiezbiskie, second by Ald. Fradette to adjourn.  Motion carried.