Neillsville City Council Discusses Ordinances, Farmer's Market, and More

Friday, June 30th, 2023 -- 11:01 AM

The Neillsville City Council approved the hiring of the City’s new Recreation Director.

The Council accepted the recommendation to hire Jessica Brown as Recreation Director, at a salary of $50,000 with two weeks of vacation, starting July 1st with a one-year probationary period. The Council also reviewed and approved a resolution regarding the DNR’s Compliance Maintenance Annual Report.

Chief of Police Jim Mankowski stated that 14 months ago Derek Wheatley started as a part-time officer moved to full-time officer and has now completed his probation. With his five years’ experience he has exceeded expectations and we welcome him as a regular officer. Mankowski presented Wheatley with a set of handcuffs with his name engraved on them.

The Council then discussed the City’s ordinances. Justin Olson, General Code, introduced himself, stating that General Code is a professional codification service. They take the City’s Ordinance book and bring it up to date. The process will take 12 to 24 months.

They take the City’s code, their editors read through the whole code. They update the Code to current legislative references in Wisconsin Statutes and reformat the code for easier reference. Olson stated most of the work is on their end.

They set up a portal to come back to City officials with questions and answers, most being yes, no or maybe to clarify and make sure the code is consistent throughout. The portal will time stamp all communication so nothing will be lost.

The City will provide feedback along the way. Once General Code has the draft done, the City will review it because at the end of the day it is the City’s code. Some things are standard across every community, but every community is unique.

At the end of the process, the whole code is adopted with a single ordinance. Once adopted the whole new code will go on-line. As an example, if you were searching for fences, it could be in a lot of different code sections, it would pop up like a Google search, so it will be very easy to search.

Olson stated they can draft ordinances or you could go to other communities and look at their ordinances. Council Member Julie Counsell stated this would be on their website, not the City’s. The City would have a link on the City’s website and ordinance changes would be made by the company.

Olson stated you pass an ordinance, send it to them, the new one is put into new laws until the actual code is updated. When you do a search, it would search both the adopted code and new laws, so you have everything available.

Every six months or a year, they can request a code update, where the company’s editors edit and review and send out the City’s supplements for the year. Council Member Counsell asked if they would give legal review and updates when the State changes section numbers.

Olson stated that there is no automatic update, they send out emails on a monthly basis of statutes with major changes. Council Member Counsell stated they start out with the initial review, bring the City up to date with State law, only the City’s new law changes will not be.

Olson replied “yes” most municipalities recodify every decade to capture any changes. Council Member Barb Petkovsek asked about costs. Olson replied the cost for their recodification project is $14,995 overall which includes the first-year annual fee of $1,195.

Since it will take 12 to 24 months to complete, the initial cost would be spread over two budget periods. Council Member Petkovsek asked if the City links to the company’s computer system, is it always available? Is there down time?

Olson stated it is rarely down. It is a very secure system, with maintenance done on weekends. Council Member Petkovsek stated if you want to see how it works you can go to the City of Colby’s website as they use General Code. Mayor Dewey Poeschel stated that Colby Clerk-Treasurer Connie Gurtner is very pleased with it.

City Attorney Bonnie Wachsmuth then read the following Ordinance: the Common Council of the City of Neillsville does hereby ordain as follows: Section 2-3-1X(a) is hereby amended to remove “City Attorney” from the list of positions.

Subsection 2-3-1X (c) is hereby amended to remove the language “"or as 'special counsel'". This ordinance shall be effective upon September 30, 2023. The Council adopted the ordinance.

City Clerk Rex Roehl presented the Wisconsin Bureau of Aeronautics-CARES funding for Wisconsin Airports in the amount of $28,352.19, which the Council accepted.

The Council then discussed the Farmer’s Market. Council Member Dan Clough stated that the Neillsville Farmer’s Market has been held on City property for over a decade, making the City ultimately responsible. The State of Wisconsin is requiring monthly paperwork be filled out and filed.

The Chamber of Commerce had managed it, but has resigned as manager. Council Member Clough stated that the City doesn’t have the time or staff to do it. In order for the Neillsville Farmer’s Market to continue, they need a manager to take responsibility for the paperwork.

Clough talked to several people and Julie Drinsinger and Trina Frost has stepped up and are willing to take responsibility for filling out and submit the Form S-240 to the Department of Revenue. He would act as the City’s liaison between them and the City.

Council Member Clough presented a set of guidelines to govern the Farmer’s Market. It is similar to what the Chamber had only they had a signature line making it a contract. The Farmer’s Market is run by volunteers on City property.

Chief of Police Mankowski stated that it is not an organized event endorsed by the City or Chamber of Commerce; they don’t “sponsor it”. Council Member Clough stated if it is on City property, they have closed the parking lot to allow it, the City is responsible and will get the fine.

Chief of Police Mankowski stated that this goes back to a former Chamber Director and a former Mayor and it’s been operating a long time. Council Member Clough, while not a Chamber member, has been involved. It is then asked, what are the expectations of the Police Department for enforcement?

Council Member Clough stated the event operator is just taking attendance and submitting the form. If they do not have a seller’s permit it is between them and the State. City Attorney Wachsmuth stated she may be managing the event, however she is not responsible for the event.

The City would be responsible to keep forms on file to be in compliance. Chief Mankowski stated the City would be giving her the authority. City Attorney Wachsmuth stated that a set of rules would have to be made for a manager.

Council Member Counsell presented the Department of Revenue pages on Event Operators and Form S-240 Wisconsin Temporary Event Report. If this paperwork is not filled out properly, the City will be fined. Whoever we decide is the manager, it is important that we stay on top of this.

You only have to file once a month. Someone has to collect the vendor information. What if someone refuses, do we call the Police Department? City Attorney Wachsmuth stated that we have to show compliance. Keep a list of everyone, whoever is there.

Council Member Petkovsek stated that the vendor information requires the social security number or federal employee identification numbers (FEIN). If they won’t fill out the form and they don’t leave, then who gets involved.

City Attorney Wachsmuth stated there needs to be guidelines and responsibilities outlined. Council Member Joe Neville stated that the City should not be in it. Get away from the Farmer’s Market on City property and let a local business do it.

Council Member Clough stated the Farmer’s Market benefits the City by allowing citizens to buy fresh produce. City Attorney Wachsmuth stated we can show we are taking steps to figure this out and become compliant.

Council Member Counsell stated slow down and think of the various things involved here, we can show we are working on it. Mayor Poeschel stated there has been no problems to date with the Farmer’s Market. Council Member Petkovsek asked about the guidelines and charitable organizations.

City Attorney Wachsmuth stated the Farmer’s Market guidelines are a separate issue from the manager. Council Member Clough stated we have someone willing to do it, we need to define the responsibilities.

Chief of Police Mankowski stated we want to do it right, rushing into this would be a mistake. City Attorney Wachsmuth stated the issues are: should there be a Farmer’s Market on City property, if so, what are the managers duties and responsibilities, what are the vendor guidelines and who is going to enforce things. The Council tabled the Farmer’s Market issue for the time being.

Council Member Clough reported that the Opelt Park play structure and fitness structure has been installed, the concrete poured, and work will begin on the trailhead sidewalk. Lion’s Club members are staining the shelter, work on the bathroom will begin, and the rubberized surface will be put down in a couple of weeks. Please stay off the structures until everything is ready.

Council Member Counsell stated that she has received a number of phone calls regarding having an ordinance on golf carts. Mayor Poeschel stated he had been contacted by the Country Club and is checking into it with the Chief of Police and City of Loyal has an ordinance.

Council Member Neville reported on the June 15th meeting of the Neillsville Community Fire Hall Board regarding:

• Election of Officers-Harold Eddy, Chair, Ronald Vine, Vice-Chair, Jose Neville, Secretary and Rex R. Roehl, Treasurer;
• Payment of bills;
• Current activities-lawn mowing and blowing a breaker;
• Authorized the Chair, Vice-Chair and Treasurer as check signers;
• Appointed building and insurance committee members;
• Discussion on and authorized purchase of a water softener;
• Reviewed and approved the insurance renewal without terrorism amendment;
• And discussion on and approved upgrading the electrical panel.

Council Member Joe Neville reported on the June 26th meeting of the Parks and Recreation Board regarding:

• A closed session on the vacant Recreation Director position;
• Reconvening into open session;
• And the recommendation to hire Jessica Brown as Recreation Director, at a salary $50,000 with two weeks of vacation, starting July 1st with a one-year probationary period.

Council Member Clough reported on the June 27th meeting of the Commission on Public Works/Utilities regarding:

• Current activities;
• Reviewed and accepted the Sewer Department’s Compliance Maintenance Annual Report and the recommendation that Resolution No. 622 be adopted;
• And payment of bills.

Feel free to contact us with questions and/or comments.