Thursday, June 30, 2011

I Need A ...

Special assessments are one of the permitted statutory forms of charges made by the City against property to pay the cost of improvements constructed to serve the respective properties. This is one manner in which the City apportions the cost of constructing street and utilities to those properties within the City that are benefited by the improvements.
The City of Lake Mills does not use special assessments at the level of most cities. We have used it in the past for new sidewalk construction at amounts generally under $100,000.
Substantial use of special assessments skews tax rate comparisons between municipalities as do fees and other pass through policies. I have never been involved in a citizen initiated special assessment other than small stormwater projects, but I see other city’s use them regularly.
There is a lot of work involved in the process for improvements for a single lot.

Wednesday, June 29, 2011

Walking Quorums

Some people may need a reminder that the following is illegal.
The requirements of the open meetings law also extend to walking quorums. A "walking quorum" is a series of gatherings among separate groups of members of a governmental body, each less than quorum size, who agree, tacitly or explicitly, to act uniformly in sufficient number to reach a quorum. Showers, 135 Wis. 2d at 92, quoting State ex ref. Lynch v. Conta, 71 Wis. 2d 662, 687, 239 N.W.2d 313 (1976). In Conta, the supreme court recognized the danger that a walking quorum may produce a predetermined outcome and thus render the publicly held meeting a mere formality. Conta, 71 Wis. 2d at 685-88. The court commented that any attempt to avoid the appearance of a ''meeting" through use of a walking quorum is subject to prosecution under the open meetings law. Conta, 71 Wis. 2d at 687.

Monday, June 27, 2011

Reapportionment

The purpose of this ordinance is to have the Lake Mills’ City Council approved an ordinance to reapportion the municipality’s wards and districts based on the results of the 2010 U.S. Census.
The city’s charter requires Lake Mills to maintain five districts; however, all governing bodies are required by law to adjust legislative boundaries based on the results of the most recent federal census in order to ensure fair and equal representation.
The county notified the City that they have completed their reapportionment and they are now waiting for us to complete the city’s reapportionment. The current ward boundaries cross county boundaries and are not in locations that segment the city into the required population district, so there needs to be some adjustments to accommodate the population and boundary requirements.

Wednesday, June 22, 2011

Yeah, It's Important

As a City Manager, I have developed reasonable levels of knowledge in the theory, policy, principles and practices of the city management profession as applied to the United States, including fundamentals of modern executive and administrative planning, management, and control. Thorough knowledge of federal, state and local laws, regulations and policies applicable to structure, functions, programs, and practices in conducting public services through City government.
This does not mean that I am also a lawyer, engineer, zoning administrator, safety coordinator, etc. My skills show in the fact that I’m committed to safety and have identified changing conditions within the organization requiring me to recommend an appropriate action for you to take.
When I arrived the city had limited safety training, no written program and no safety manager. The City now has written policies and procedures for workplace safety and departments that meet the base state regulation and may have monthly meetings, videos for most training situations and outside training. However, with reduce management staff and a culture that does not always value safety – the MEUW program offers an outstanding way to maintain the commitment the City makes in the personnel handbook:
“The City is committed to providing a safe and healthful working environment in compliance with relevant federal and state safety laws and guidelines.”
Safety programs are important because it has become too costly to have employees injured on the job. Many cities have no idea what the total cost of accidents and injuries were to their organization. When most organizations compile their true costs, the costs are almost always greater than the safety program. If for monetary reasons alone, you institute a cost effective safety program, you will be financially rewarded.
The City also has to seriously consider it’s the moral obligation that as an employer it must provide a safe and healthful work place. A moral consideration may not motivate some decision makers very much, some possibly not at all; but after a serious injury the top decision makers of the organization are usually emotionally upset as they contemplated the pain and disability created as a result of the accident. These genuine feelings almost always result in corrective action taken to prevent a re-occurrence. Decision makers cannot undo the serious consequences of these past accidents but future accidents can be prevented.
Another benefit of the moral response is the improved morale for employees. No one wants to work for a company that has little or no regard for him as a person. Often we assume that worker's primary motivation is monetary. Many studies show it as being fourth or fifth out of ten, rating below job security, job satisfaction, etc., once income is sufficient to cover the basic needs.
Employees tend to have a surprising lack of innate self-protectiveness on the job. However, when provided with good job instruction, proper feedback on their performance and some basic training in safe work procedures, will do the job safely.
The City also has a legal obligation to provide a safety program. There are numerous federal and state laws and codes that must be met. State and federal agency requirements can be met with a properly designed and implemented safety program.
The greater goal is to engage the workforce at all levels within the city and do so in a manner that actually changes the culture. Culture ultimately determines results.

Tuesday, June 21, 2011

Reports

Wow, the Audit and CMAR reports were very good this year. Amazing what happens when you have time to pay attention to the details. Hopefully, the process review will keep this going.

Monday, June 20, 2011

Who Knew?

Policies:
1. The City will provide appropriate sites for additional commercial and industrial development near Interstate 94 and other major transportation corridors that maximize the benefit of the City’s location within the region and minimize the impact of traffic and other externalities on residential and natural resource areas of the community in accordance with recommendations of this Plan.
2. The City will provide opportunities for neighborhood scale shopping and services that can serve the local needs of future residents and neighborhoods.
3. The City will maintain and develop necessary utilities and other services to support increased economic development.
4. The City will continue to use TIF, State and Federal grant programs and other economic development tools to provide incentives and assistance with redevelopment of blighted, abandoned or underutilized commercial and industrial property.
5. The City will work to ensure that development within TIF districts provide above average returns to the City in the form of increased property tax revenues and employment.
6. The City will establish and enforce minimum design standards for all commercial and industrial development within the City in accordance with the recommendations in this Plan, the Northside Neighborhood Plan, the City of Lake Mills Redevelopment Opportunity Analysis, and other plans.
7. The City will refine its zoning and land division ordinances to ensure they are not in conflict with and forward the recommendations of this Plan.
8. The City will refine specific design criteria for the downtown that preserves the historic context and character of the downtown with regards to building materials, bulk, setback, exterior design, and signage in accordance with the recommendation of this Plan.
9. The City will work to improve administration, coordination, and communication of the City’s development standards and other economic development programs.
10. The City will work with local, county, regional, state, and federal entities to make Community Development Block Grant and other economic development programs more responsive to City needs.
11. The City will explore the creation of a Business Improvement Districts and other private/public economic development strategies to improve businesses and cooperative marketing of the downtown and the City as a whole.

Friday, June 17, 2011

WWTP

The City has received bid documents for Sludge Hauling for the Lake Mills Wastewater Plant and the Council must accept or reject the bids. The work includes sludge removal, hauling and land application of municipal sludge from the Lake Mills Wastewater plant. Because this bid is for a service, rather than public construction, the bid law does not apply and you do not have to award the work to the lowest bidder.
Staff reviewed the bids and recommends the Council award the bid to Schwind Trucking, LLC, W 9194 CTH “T”, Glenbeulah, WI 53023. Schwind Trucking, LLC was the lowest qualified, responsible and responsive bidder at $0.0275 per gallon.

Wednesday, June 15, 2011

The Next Move

Well I'm glad someone is asking the question about equal protection. Seem pretty high handed to separate out types of public employees that way.

Tuesday, June 14, 2011

Even In a Western

"Even those who fancy themselves the most progressive will fight against other kinds of progress, for each of us is convinced that our way is the best way."
— Louis L'Amour
The Lonely Men

Monday, June 13, 2011

Truth is Defense

A public official may sue for defamation, but to prevail they must establish that the defamatory statement was made with actual malice. That is, the public official must prove by clear and convincing evidence that the defendant made the alleged defamatory statement with actual malice - either with knowledge that the statement was false or with reckless disregard as to the truth of the statement.
A conditional constitutional privilege based on First Amendment considerations for those who make written or oral statements concerning public officials was established by the Court. Within the terms of that conditional privilege, statements concerning a public official, even if proven to be false, would not be the basis of civil liability unless actual malice—i.e., actual knowledge that the statement was false or a reckless disregard for whether the statement was false or not—was shown.
A true statement is the ultimate defense to any action for libel or slander. It is not necessary for the defendant to prove the literal truth of the precise statement, and slight inaccuracies in the statement published are immaterial to the success of the defense. Nor is it necessary to prove that the statement was true in every particular. All that is necessary to establish the defense of truth is that the matter was substantially true.

Thursday, June 9, 2011

Budget

The first draft is complete with significant organizational changes incorporated.

Monday, June 6, 2011

I Don't Get This!

The Wisconsin Joint Finance Committee made changes to the Governor's budget. Generally positive - yet this item makes no sense - Increases the dollar threshold for determining when the prevailing wage laws apply to municipal public works projects from $25,000 to: a) $48,000 for single-trade projects; b) $234,000 for multiple-trade construction projects conducted by towns, cities and villages with less than 2,500 population; and c)$100,000 for all other multi-trade municipal public works projects.

Why would smaller municipals have higher dollar limits?

Thursday, June 2, 2011

It Works

Site Plan Review is a way to ensure that development proposals meet development policies, regulations and standards. It allows our community through the staff to evaluate the elements of each unique site against the zoning ordinance.

Zoning regulations create a three dimensional site envelope and set basic site layout standards, but by their nature, these regulations cannot be use and site specific. Site Plan review allows you to drill down through details of the use and site to evaluate for compliance with the intent of the zoning code.

Wednesday, June 1, 2011

It's On

Talked to my lawyer today. I'm feeling pretty good. Let's hope greed results in the right reaction.