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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, June 27, 2011 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A. Special meeting of June 7, 2011. B. Regular meeting of June 13, 2011. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Motion to approve final Certified Survey Map #11002-C, Marklein andBever, 1 lot on Sandhill Drive. “C” 6. Financial statement for the month of May, 2011. “C” 7. Authorize the Police Department to apply for the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. “C” 8. Review and accept 2010 Comprehensive Annual Financial Report (CAFR). 9. Special recognition: Action on a proposed resolution in commendation of Melvin R. Walker’s service to the City of Janesville. (File Res. No. 2011-819) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – June 27, 2011 Page 2 OLD BUSINESS (CONTINUED) 2. Second reading, public hearing and action on a proposed ordinance rezoning a portion of property located at 3400 County Highway F (Rock County Institutional Complex) from M1 to O1. (File Ord. No. 2011-481) 3. Second reading, public hearing and action on a proposed ordinance rezoning property located at the southwest corner of Sandhill Drive and North Wright Road from R1 and R3 to O1. (File Ord. No. 2011-484) NEW BUSINESS 1. Action on a proposed resolution approving the acquisition of abandoned railroad grade from Mr. Mike Morris for bike trail purposes as an extension of the Peace Trail. (File Res. No. 2011-817) 2. Action on transfer of $13,000 from TIF IX funding to DDA for façade improvement project. 3. Presentation and action on alternatives to Milwaukee Street and Court Street two-way traffic conversion. 4. Review and approve proposed plans for reconstruction of River Street from West Racine Street to West Court Street. 5. Authorize City Manager to enter into a mutual cooperation agreement between the City of Janesville and the City of Beloit for the Neighborhood Stabilization 3 Program. 6. Action on a proposed resolution authorizing the City Manager to enter into a developers agreement with Wisconsin Partnership for Housing Development for the Neighborhood Stabilization 3 Program. (File Res. No. 2011-813) 7. Authorize City Manager to proceed with improvements to the public safety radio system. 8. Action on proposed Council Policy Statement #88 on Code of Ethics and Conduct. City Council Agenda – June 27, 2011 Page 3 NEW BUSINESS (CONTINUED) 9. Introduce and schedule a public hearing on a proposed ordinance repealing the current “ward supervisors” ordinance 2.08.080 concerning members-elect of the Rock County Board. (File Ord. No. 2011-483) 10. Introduce and schedule a public hearing on a proposed ordinance deleting and recreating electoral ward boundaries. (File Ord. No. 2011-492) 11. Requests and comments from the public on matters which can be affected by Council action. 12. Matters not on the Agenda. 13. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for a potential industrial development agreement within a half mile of TIF #26. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. JOINT WORKSHOP BELOIT AND JANESVILLE CITY COUNCILS JUNE 7, 2011 VOL. 62 NO. 6 The joint workshop of the Beloit and Janesville City Councils was held at the Beloit Public Library on June 7, 2011. The meeting was called to order by Council Presidents Brunner and Leavy at 6:34 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin, Steeber, and Voskuil. All members of the Beloit City Council except Councilmember Van De Bogart were present. Discussion of collaboration/shared service history between Beloit and Janesville City Managers Arft and Levitt provided information on collaborative services between the cities including: Emergency Communication Services, Collaborative decision on upgrade to digital narrow band communications, Joint applications for Housing/Neighborhood Development grants (provided by Jennifer Petruzzello), and Collaboration on planning for the delivery of animal control services in Rock County. Discussion regarding other possible collaborative efforts to share services, facilities or operations on items not specifically listed on the agenda After discussion of various issues, the Councils requested that the Administrations explore collaborative efforts in the following areas: joint purchasing, public safety staffing of special teams, training and equipment, sharing public works specialty equipment, sharing technology, and sharing professional services. They asked that Department Heads meet and discuss feasible collaborative efforts in their respective categories. In addition, they should compile a list of services provided by both communities, existing equipment, planned equipment purchases, and any specialty services and equipment. Discussion on Neighborhood Preservation/Blight Elimination programs and services City Manager Arft provided information on their neighborhood preservation program. They have established a policy to purchase all City of Beloit property that is sold on the Rock County Treasurer’s tax lien sale to stabilize their neighborhoods. There being no further business, Councils adjourned at 7:53 PM. Jean Ann Wulf Janesville City Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING JUNE 13, 2011 VOL. 62 NO. 7 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on June 13, 2011. The meeting was called to order by Council President Brunner at 7:00 PM. Present: Council President Brunner, Councilmembers Dongarra-Adams, Liebert, McDonald, Rashkin Steeber and Voskuil. CONSENT AGENDA Minutes of the regular City Council meeting of May 23, 2011. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Waiver of special assessment procedures for sanitary sewer and water main for the southside of East Delavan Drive (Current Parcel 6-10-251) – Steinke. Action on a financial gain request from Downtown Development Alliance to host four “Picnic In The Park” events at four separate downtown parks on four dates as follows: June 12, 2011 at Fireman’s/Volunteer Park; 2) July 10, 2011 at Jefferson Park; 3) August 14, 2011 at Downtown Riverfront Park; and 4) September 11, 2011 at Lower Courthouse Park. Council President Brunner stated that the items on the consent agenda would be approved if there were no objections. There were none. Special recognition: Action on a proposed resolution in commendation of Marsha J. Havertape’s 35 years of service to the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Rashkin and passed unanimously. (File Res. No. 2011-812) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Andreah Briarmoon, 339 S. Locust St., spoke against the introduction of the Ward Supervisor Ordinance (NB #3). 2. A proposed ordinance amending the City’s Wastewater Facility and Sewer Use ordinance in order to adjust hauled waste service charges received its second reading and public hearing. No one spoke. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Rashkin and passed unanimously. (File Ord. No. 2011-486) NEW BUSINESS 1. Action on a proposed resolution authorizing the City Manager to proceed with the sale of surplus properly located at 3215 and 3221 Rockport Park Drive. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Dongarra-Adams and passed unanimously. (File Res. No. 2011-815) 2. City Manager Report: Revaluation (The Final Report). Richard Haviza, City Assessor, presented information about the upcoming assessment change notices and decision factors that go into the process. He stated that the change notices would have information about Open Book and Board of Review. Councilmember Rashkin asked what was being done to get the word out about the assessment process. Mr. Haviza responded that we would: enclose an information data sheet with the assessment change notices, advertise in the newspaper and post information on the City website. 3. A proposed ordinance clarifying that the term “ward supervisors” refers to elected Rock County Board representatives was introduced. Councilmember McDonald suggested eliminating the ordinance. Council President Brunner stated he would schedule the public hearing at a later date. (File Ord. No. 2011-483) Council President Brunner combined action on New Business #4 and #5. 4. & 5. Proposed ordinances annexing property located at 2120 East Delavan Drive and zoning said property to R1 upon annexation were introduced with the zoning ordinance referred to the Plan Commission and scheduled for a public hearing on July 25, 2011. (File Ord. Nos. 2011-487 and 2011- 488) 6. A proposed ordinance establishing a Historic Overlay District on land located in the vicinity of Downtown Janesville was introduced, referred to the Plan Commission and scheduled for a public hearing on August 8, 2011. (File Ord. No. 2011-489) 7. A proposed ordinance which creates the Historic District Plan for the Downtown Historic Overlay District was introduced, referred to the Plan Commission and scheduled for a public hearing on August 8, 2011. (File Ord. No. 2011-490) 8. Requests and comments from the public on matters which can be affected by Council action. Doug Rebout, representing the Rock County Farm Bureau, invited the Council to Focus on Agriculture on July 13, 2011. Andreah Briarmoon, 339 S. Locust St., requested that the City pick up the storm debris that residents placed on their terraces. She also had concerns about the code inspectors monitoring the old th 4 ward neighborhoods. 9. Matters not on the Agenda. Councilmember Steeber stated that the roundabouts near the Youth Sports Center are very poorly marked. Councilmember Rashkin thanked the Council for attending the joint Beloit/Janesville Council meeting and suggested more community efforts at Lions Beach. Councilmember Liebert thanked the Police and Fire Chiefs for the opportunity to ride along on public safety calls. Council President Brunner stated that the bike trail crossing Highway 14 had a gap in the sidewalk; requested background information on Ward Supervisors be distributed to the Council; and stated that a Code of Ethics and Conduct Council Policy would be on the next Council agenda. 10. Councilmember McDonald moved to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of considering, deliberating, and setting the bargaining and negotiating terms and conditions, since competitive and/or bargaining reasons require a closed session, for a potential purchase of properties on the City's south side for bike trail and other public purposes. The motion was seconded by Councilmember Steeber and passed unanimously. There being no further business, Council convened into closed session at 7:54 p.m. These minutes are not official until approved by the City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 6/27/2011 RECOMMENDED A. ELECTRICIANS–ORIGINAL Philip T. Francis III 9501 W. Schaffner Rd. Dustin L. McHone PO BOX 14, Avalon, WI Timothy J. Smith 8232 Smythe School Rd., Beloit, WI Charles J. Tietz 431 Lake St., Eau Claire, WI B. SIGN ERECTOR–ORIGINAL th Poblocki Sign Company LLC 922 S. 70 St., West Allis, WI C. AMUSEMENT CENTER-RENEWALS FOR THE 2011-2012 LICENSE YEAR CSP Inc. d/b/a Time Out Pub & Eatery 101 E. Milwaukee St. Brian L. Cherry D. AMUSEMENT DEVICE-RENEWALS FOR THE 2011-2012 LICENSE YEAR CSP Inc. d/b/a Time Out Pub & Eatery 101 E. Milwaukee St. Brian L. Cherry Holly L. Milz d/b/a Steve & Holly’s 13 N. Franklin St. Community Development Department Memorandum June 27, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Final CSM 11002-C, Marklein and Bever, 1 lot on Sandhill Drive SUMMARY Scott Marklein and Scott Bever, representing HospiceCare, Inc., have requested the approval of a one-lot CSM at the southwest corner of the intersection of Sandhill Drive and North Wright Road. The applicant is proposing to construct a service center for its hospice operations on 5-acres of land. Initial plans for the facility do not include in- patient services. However, if the need for such services is in demand in the future, such in-patient services may be offered on the site. The property is undeveloped and zoned R3, General Residence District. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Final CSM 11002-C. CITY MANAGER RECOMMENDATION The City Manager defers to the Plan Commission recommendation. SUGGESTED MOTION A motion to approve Final CSM 11002-C subject to the following conditions: 1. Recording of a quit claim deed by separate instrument for the future extension of Sandhill Drive west of the survey area. Right-of-way will be dedicated when included in a future plat or survey when the adjoining land is subdivided and assessments will be calculated at that time. 2. The survey will be subject to the payment of assessments for storm sewers ($24,804.66), sidewalk ($14,233.97) and street lights ($1,448.47). 3. Payment of any outstanding special assessments including taxes owed (the applicant should contact the City Clerk’s Office regarding this item). ANALYSIS A. The subject site is located at the southwest corner of Sandhill Drive and North Wright Road. The property includes approximately 5 acres of land which is currently undeveloped and part of a larger 40-acre tract owned by Marklein Builders. The applicant has secured an offer to purchase the subject property for construction of a Hospice Care regional service facility. B. The survey includes dedication of land for public right-of-way on the southwest corner of the site. This land dedication is minimal (less than 10 square feet in area) and is the result of an off-set of current public-right-of way where an adjoining property line meets N. Wright Road. C. The property is currently zoned R3, General Residence District. The proposed use is not permitted in the R3 district; however, the applicants are in the process of submitting a rezoning request to rezone the property from R3, General Residence District to O1, Office/Residence District. D. The property owner must provide a quit claim deed to the City conveying the necessary right-of-way for the future extension of Sandhill Drive west of the survey area as part of this survey approval. The extension of Sandhill Drive right-of-way will be included in a future plat or survey when the adjoining land is subdivided and assessments will be calculated at that time. E. Sidewalks are designated along the North Wright Road and Sandhill Drive frontage of Lot 1. The requisite sidewalk note must be added to the final survey. F. The final survey must include all existing utility easements and additional utility easements as requested by the utility companies having rights to serve the area. G. The survey will be subject to the payment of assessments for storm sewers ($24,804.66), sidewalk ($14,233.97) and street lights ($1,448.47). H. The applicant should contact the City Clerk’s Office regarding any outstanding taxes, special assessments, or other fees which must be paid. PLAN COMMISSION ACTION – 6 June 2011 The Plan Commission unanimously agreed to forward Final CSM 11002-C to the City Council with a favorable recommendation subject to the conditions listed in the “Suggested Motion” section above. cc: Eric Levitt Jay Winzenz ACCOUNTING DIVISION MEMORANDUM June 20, 2011 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: Financial Statement for the Month of May 2011 The City prepares its Financial Statements in accordance with generally accepted accounting principals using the modified accrual method of accounting and is audited annually by Baker Tilly Virchow Krause, LLP. We prepare interim financial statements for the Council’s review on a monthly basis. Division and Department Heads are responsible for monetary expenditures to ensure budget compliance. Revenues and expenditures are projected to year-end in June and September. Key operating funds include the General Fund, Water and Wastewater Utilities, and Sanitation Fund. A summary of their performance to budget, as compared to a three-year average, are presented in the following graphs. EXPENDITURE SUMMARY The graph below indicates that the General Fund, Water Utility, and Wastewater Utility expenditures are being made according to budget. Year-To-Date May ExpendituresCompared to Three-Year Average Current YTD 3 Yr. Avg. 50% 45% Percent of Total Budget 40% 35% 30% 25% 20% 15% 10% 5% 0% General FundWater -Wastewater - OperatingOperatingSanitation May 2011 Financial Statements June 20, 2011 Page 2 REVENUE SUMMARY The graph below indicates revenue for the General Fund and Wastewater Utility has been earned as anticipated. The Water Utility revenue is below trend due to declining water sales and the Santiation revenue is below trend due to less tonnage received at the landfill. Year-To-Date May RevenuesCompared to Three-Year Average Current YTD 3 Yr. Avg. 50% 45% Percent of Total Budget 40% 35% 30% 25% 20% 15% 10% 5% 0% General FundWaterWastewaterSanitation Other items of interest in the Financial Statement are as follows: Proprietary Funds (page 4)  The Water Utility has a deficit operating cash balance of $1,743,038 at May 31, 2011. This is partly due to the timing of debt service payments. Principal and interest totaling $2,310,795 was paid in February. Water sales 14% below projections are also a major factor. The 3% increase in water rates effective May 11, 2011 is intended to help fund the cash deficit.  The Stormwater Utility has a deficit operating cash balance of $296,907 at May 31, 2011. This is because revenue is billed on a quarterly basis after expenditures have been made.  Transit reports a negative cash balance of $900,979 due to the timing of grant reimbursements after expenditures have been made. Special Revenue Fund Balance (page 5)  TIF 3 has a positive balance of $162,379. The positive balance will be used to repay the general fund advance plus accrued interest.  Many TIF funds have deficit cash balance, however TIF projections indicate that the districts will reach a positive fund balance before the districts expire. May 2011 Financial Statements June 20, 2011 Page 3  Landfill long-term care of site #3023 ($144,788) will be reimbursed by an insurance policy we have in place for post closure care. Capital Projects Fund (page 6)  The City incurred expenditures in conjunction with road projects on Highway 11 from Wright Road to Highway 14 ($186,800). These costs will be funded with either future special assessments or General Obligation note issue. A representative of the Administrative Services Department will be available at the Council Meeting on June 27, 2011 to respond to any questions Council may have relative to these reports. Once Council is satisfied, acceptance of the Financial Statement by consent and placing them on file would be in order. /Attachments cc: Jacob J, Winzenz, Director of Administrative Services/Assistant City Manager Eric J. Levitt, City Manager POLICE DEPARTMENT MEMORANDUM June 21, 2011 TO: City Council FROM: David Moore, Chief of Police SUBJECT: Authorization for the Police Department to apply for the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Executive Summary The police department is eligible to apply for the 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Staff Recommendation The Police Chief recommends applying for the JAG grant for department equipment. The grant will reduce future financial burden to the City’s tax levy. City Manager Recommendation The City Manager recommends approval. Background The Edward Byrne Memorial Justice Assistance Grant (JAG) is a formula grant based upon population and crime statistics. The department is able to use grant funds to purchase law enforcement equipment. The department must apply for the JAG grant jointly with the Rock County Sheriff’s Department and the Beloit Police Department. The Sheriff’s Department will be the administering agency who will apply for the grant and will submit all required reports. The three agencies need to agree on the individual allocations. The total grant available for the three agencies is $47,128.00. Janesville’s agreed upon allocation is $18,700.00. The deadline to apply for the JAG grant is July 21,2011. Analysis The police department has received JAG grant funding in previous years. The current requirements are the same as in previous years. The grants have been used to purchase police bicycles, less lethal weapons, SWAT rifles, squad equipment, digital recorders, interview room recording equipment, and LED flashlights. The department received $24,000 in 2007, and $26,900 in 2009, and $21,700 in 2010. The department was not eligible for funds in 2008. There is no cash match required for the JAG grant program. 1 The department has tentatively identified the following objectives for equipment to purchase with the 2011 JAG grant funds: 1. Purchase one pole camera for surveillance purposes. 2. Purchase three GPS units to assist in investigations. 3. Purchase Ballistic helmets to replace current SWAT helmets which are approaching the replacement date. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 2 ADMINISTRATIVE SERVICES MEMORANDUM June 17, 2011 TO: City Council FROM: Patty Lynch, Comptroller SUBJECT: 2010 Comprehensive Annual Financial Report - Report on Internal Control Please find attached a copy of our 2010 Comprehensive Annual Financial Report (CAFR) for Council’s review. The main component of the CAFR is the City’s audited financial statements. There is also an introductory section which provides background information about the City, its major initiatives, economic condition, and general information. Following the financial information there is a series of 18 statistical schedules that primarily show 10- year trend data for items such as fund balance, revenue trends, and debt capacity. Wisconsin State Statues require that an annual audit be conducted by an independent certified public accountant. Baker Tilly Virchow Krause, LLP, Certified Public Accounts, have audited and issued the opinion that Janesville’s Financial Statements have presented fairly the financial position of the City, as of December 31, 2010. We request that the Council accept the report during their meeting scheduled on June 27, 2011. In addition to the audited financial statements, our auditors have also issued a report which references our internal controls over financial reporting and compliance with certain provisions of laws, regulations, contracts, grant agreements, and other financial matters. Please find attached for Council's review a copy of the City of Janesville’s 2010 Report on Internal Control. In this report, Baker Tilly Virchow Krause, LLP have reported a material weakness in internal accounting controls. A material weakness is reported if there is more than a remote likelihood that a material misstatement will not be prevented or detected by our internal controls. Material Weaknesses – Internal Accounting Controls The auditors have reviewed and evaluated the City’s internal controls over significant accounting transaction cycles. This analysis has identified a weakness in levels of review during in the year-end audited financial statement preparation. 1 With all internal controls procedures there needs to be a consideration of the cost of avoiding the weakness to its related benefit. The City prepares high quality financial statements, conversion entries, and footnote disclosures for the auditors to review. However, because of the City’s size, management does not believe it is cost effective to hire additional staff with the expertise to review all aspects of financial reporting to scrutinize the statements internally to the same degree that the auditors do later, and we rely on the auditor for this review. In addition to reporting the material weakness, the Report on Internal Control also includes required communications with the City Council. Such items include the auditors’ responsibilities and management’s responsibilities to the audited financial statements. The auditors also point out that there were no significant difficulties in dealing with management in performing the audit, and no audit adjustments were proposed. The CAFR is available on the City website, and paper copies are available at the Hedberg Public Library and in the City Clerk’s office for the public’s review. Ms. Heather Acker, CPA, Partner, Baker Tilly Virchow Krause, LLP, will be attending the June 27 Council meeting to give a brief presentation and to address any questions that the Council may have. cc: Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager Eric J Levitt, City Manager Attachments 2 HUMAN RESOURCES DIVISION MEMORANDUM June 15, 2011 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Retirement Recognition Melvin R. Walker Executive Summary At the City Council meeting of June 27, 2011, the following retirement commendation will be considered under the consent agenda: 1. Melvin R. Walker for eleven and one-half years of service with the City of Janesville (File Resolution Number 2011-819).  Melvin will be attending the June 27, 2011, Council meeting.  Melvin began working for the City of Janesville on November 23, 1999, as a Part-time Bus Driver in the Janesville Transit System. He was promoted to the position of Full-time Bus Driver on June 18, 2001.  Melvin’s retirement date was June 3, 2011. Recommendation Staff recommends adoption of File Resolution 2011-819. 1 RESOLUTION NO. 2011-819 Whereas, Melvin R. Walker is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for eleven and one-half years; retiring as a Bus Driver with the Janesville Transit System; and Whereas, during Melvin R. Walker’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with skill and ability, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Melvin R. Walker for his eleven and one-half years of loyal public service. th Dated this 27 day of June, 2011. Motion by: ADOPTED: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Dongarra-Adams Liebert ATTEST: McDonald Rashkin Jean Ann Wulf, City Clerk-Treasurer Steeber APPROVED AS TO FORM: Voskuil Wald Klimczyk, City Attorney Proposed by: Human Resources Prepared by: Human Resources Community Development Department Memorandum Date: June 27, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Second reading, public hearing and action on a proposed ordinance rezoning a portion of property located at 3400 County Highway F (Rock County Institutional complex) from M1 to O1 (File Ord No. 2011-481). _____________________________________________________________________ SUMMARY Rock County has submitted a request to rezone property located at 3400 County Highway F from M1, Light Industrial District to O1, Office/Residence District. The subject property is currently undeveloped and part of a larger parcel containing the Rock County Institutional complex. The campus includes several facilities: Rock County Jail and Sheriff’s Department, Rock County Juvenile Detention Center, 911 Communication Center, Rock County Health Care Center, and Rock Haven Nursing Home. Rock County has proposed to construct a new nursing home to replace the existing Rock Haven facility on the area of the site they wish to rezone. The new facility will be located directly east of the existing Rock Haven building. The proposed development site is zoned M1, Light Industrial District. Since a nursing home use is not permitted within the M1 District, the property must be rezoned to a zoning classification consistent with the proposed use. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to adopt Ordinance No. 2011-481, rezoning a portion of property located at 3400 County Highway F (Rock County Institutional Complex) from M1 to O1. CITY MANAGER RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. SUGGESTED MOTION A motion to adopt Ordinance No. 2011-481 rezoning a portion of property located at 3400 County Highway F (Rock County Institutional Complex) from M1 to O1. ANALYSIS A. The subject property is approximately 25 acres in size and is part of the larger surrounding Rock County Health Care Campus located at the southeast corner of U.S Highway 51 and U.S Highway 14 (3400 County Highway F). B. Rock County proposes to construct a new nursing home on this site adjacent to the existing Rock Haven facility. The land on which the new facility will be built is currently undeveloped and used for agricultural purposes. Nursing home operations will be transferred to the new facility at the end of 2012 when construction is expected to be completed. The proposed facility is one-story in height, approximately 170,000 square feet in size and includes four residential Attachment A pods with 32 bedrooms in each pod (See ). A total of 128 bedrooms are included in the facility. A central administration center is located in the middle of the four residential pods. The administration area includes out- patient physical therapy and occupational therapy services, administrative and office facilities, and other services such as a dental office, salon, and kitchen facilities. C. The City’s Future Land Use Plan shows the subject property as being appropriate for community facilities. The application of the O1 District in this location is consistent with that land use recommendation. Nursing home facilities are permitted in the O1, Office/Residence District. The Rock County Complex contains a variety of other facilities all zoned O1, including the Rock County Health Department, Rock County Council on Aging, Janesville Counseling Center, and the Rock County Health Care Center. D. The subject site is not currently within the City’s Sewer Service Area (SSA) boundary. As part of the Janesville Area Point Source Water Quality Management Plan, all properties that have sewer connections to the City’s waste water treatment facility must be located within the SSA boundary. Staff is currently working with Rock County to amend the SSA boundary to include the subject property within its boundary. E. The Rock County Complex, including this proposed development, is located in an isolated area. Property to the south is in agricultural use and within the Mining District. Rock County owns the property directly east of the proposed development site. This site is removed from other uses that would or could be impacted by this development. F. Staff has been working with Rock County on this development proposal as part of the site plan review and conditional use permit review. PLAN COMMISSION ACTION – 6 JUNE 2011 Brad Schmidt, Associate Planner, presented the written staff report. There were no questions of staff. The public hearing for the rezoning request was opened and the following people appeared to speak:  Tony Farrell Sr., 2600 Meadowview Dr., applauded the efforts of Rock County staff, administration and the Rock County Board of Supervisors who were involved with this project. He stated that he supports the rezoning and conditional use permit. Commissioner Consigny asked if Mr. Farrell was employed by the County or commenting as a resident. Mr. Farrell replied that he is a resident that frequently attends the Rock County Board of Supervisors Meetings. Commissioner Marklein asked Mr. Farrell when he recalled the board starting the process for this request. He stated that he was aware they had been discussing it for over a year and attended meetings where the board found it was more efficient to build a new nursing home rather than renovate the older building. The public hearing was closed. Commissioner Marklein asked if there was a master plan for the current nursing home development and how the board arrived at the decision to locate the new building.  Greg Zastrow, Epstein Uhen Architecture, Inc., stated that the master plan does not involve the existing building right now. He indicated that two other sites in the vicinity were looked at as possible locations for the new building but based on the layout of site, and requirements for parking and fire access, this was the best choice based on land area needed. There was a motion by Commissioner Madere with a second by Commissioner Dongarra-Adams to forward the rezoning to the City Council with a favorable recommendation. The motion carried on a 6-0-0 vote. FISCAL IMPACT The area included in the requested rezoning is part of the Rock County Complex property which includes the Rock County Jail, Rock Haven Nursing Home and the 911 Communications Center. This property is tax exempt and the new development would not generate any property taxes for the city. However, the proposed development would provide a valuable service to the city, retain health care jobs within the city and would provide a state of the art nursing home facility. It will also assist in the training of local nursing students. All infrastructure costs will be provided by Rock County and will be internal on the Rock County Complex. Therefore, the requested rezoning and proposed development of the property should not result in a negative fiscal impact. cc: Eric Levitt Jay Winzenz MEMO TO: Janesville Plan Commission Item 1, Section V FROM: Brad Schmidt, AICP, Associate Planner DATE: June 2, 2011 SUBJECT: Public Hearing, Rezoning of property at 3400 County Highway F (Rock County Institutional complex) from M1 to O1. I. RECOMMENDATION The Planning Department recommends that the Plan Commission, following a public hearing, support a motion to forward the requested rezoning to the City Council with a favorable recommendation. II. REQUEST Rock County has submitted a request to rezone property located at 3400 County Highway F from M1, Light Industrial District to O1, Office/Residence District. The subject property is currently undeveloped and part of a larger parcel containing the Rock County Institutional complex. The campus includes several facilities: Rock County Jail and Sheriff’s Department, Rock County Juvenile Detention Center, 911 Communication Center, Rock County Health Care Center, and Rock Haven Nursing Home. Rock County has proposed to construct a new nursing home to replace the existing Rock Haven facility on the area of the site they wish to rezone. The new facility will be located directly east of the existing Rock Haven building. The proposed development site is zoned M1, Light Industrial District. Since a nursing home use is not permitted within the M1 District, the property must be rezoned to a zoning classification consistent with the proposed use. I. ANALYSIS A. The subject property is approximately 25 acres in size and is part of the larger surrounding Rock County Health Care Campus located at the southeast corner of U.S Highway 51 and U.S Highway 14 (3400 County Highway F). B. Rock County proposes to construct a new nursing home on this site adjacent to the existing Rock Haven facility. The land on which the new facility will be built is currently undeveloped and used for agricultural purposes. Nursing home operations will be transferred to the new facility at the end of 2012 when construction is expected to be completed. The proposed facility is one-story in height, approximately 170,000 square feet in size and includes four residential pods with 32 bedrooms in each pod Attachment A (See ). A total of 128 bedrooms are included in the facility. A central administration center is located in the middle of the four residential pods. The administration area includes out-patient physical therapy and occupational therapy services, administrative and office facilities, and other services such as a dental office, salon, and kitchen facilities. C. The City’s Future Land Use Plan shows the subject property as being appropriate for community facilities. The application of the O1 District in this location is consistent with that land use recommendation. Nursing home facilities are permitted in the O1, Office/Residence District. The Rock County Complex contains a variety of other facilities all zoned O1, including the Rock County Health Department, Rock County Council on Aging, Janesville Counseling Center, and the Rock County Health Care Center. D. The subject site is not currently within the City’s Sewer Service Area (SSA) boundary. As part of the Janesville Area Point Source Water Quality Management Plan, all properties that have sewer connections to the City’s waste water treatment facility must be located within the SSA boundary. Staff is currently working with Rock County to amend the SSA boundary to include the subject property within its boundary. E. The Rock County Complex, including this proposed development, is located in an isolated area. Property to the south is in agricultural use and within the Mining District. Rock County owns the property directly east of the proposed development site. This site is removed from other uses that would or could be impacted by this development. F. Staff has been working with Rock County on this development proposal as part of the site plan review and conditional use permit review. cc: Duane Cherek ORDINANCE NO. 2011-481 An ordinance changing the zoning classification of property located at 3400 County Trunk F from M1 to O1, with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from M1, Light Industrial District to O1, Office/Residence District. th Part of the SE ¼ of the NW ¼ of Section 13 T.3N., R.12E. of the 4 P.M., Janesville Township, Rock County, Wisconsin. DESCRIBED AS FOLLOWS: Commencing at an aluminum monument at the West ¼ Corner of said Section; thence S.8843’51”E. along the East-West Centerline of said Section, 1556.42 feet to an iron pin on a line parallel with and 1100 feet West of the North-South Centerline of said Section; thence N.053’19”W. along said parallel line, 1196.05 feet to an iron pin; thence S.6936’E. 1180.56 feet to an iron pin on said North- South Centerline; thence S.053’19”E. along said North-South Centerline 808.87 feet to an iron pin at the Center of said Section; thence N.8843’51”W. along said East-West Centerline, 1100.78 feet to the place of beginning. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: __ Wald Klimczyk, City Attorney Proposed by: Applicant Prepared by: Community Development Department Community Development Department Memorandum Date: June 27, 2011 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Second reading, public hearing and action on a proposed ordinance rezoning property located at the southwest corner of Sandhill Drive and N. Wright Road from R1 and R3 to O1 (File Ordinance No. 2011-484). ______________________________________________________________________ SUMMARY HospiceCare, Inc. has submitted a request to rezone property located at the southwest corner of Sandhill Drive and N. Wright Road (3301 Sandhill Drive) from R3, General Residence District and R1, Single and Two-Family Residence District to O1, Office/Residence District. The subject property is currently undeveloped and was previously rezoned to R3 in 2007 to allow for a senior independent living facility that was never constructed. HospiceCare, Inc. proposes to construct a new regional service center on the site, containing approximately 5 acres of land. Initial plans for the facility do not include in-patient services; however, if the demand for such services is needed in the future, expansion opportunities to provide in-patient care may be offered on the site. Office and nursing care services are not permitted within the R3 and R1 Districts, therefore the property must be rezoned to the O1 District where these uses are permitted. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to adopt Ordinance No. 2011-484 rezoning property located at the southwest corner of Sandhill Drive and North Wright Road from R1 and R3 to O1. CITY MANAGER RECOMMENDATION The City Manager defers to the Plan Commission. SUGGESTED MOTION A motion to adopt Ordinance No. 2011-484 rezoning property located at the southwest corner of Sandhill Drive and North Wright Road from R1 and R3 to O1. ANALYSIS A. The subject property consists of a 5-acre parcel of land situated at the southwest corner of N. Wright Road and Sandhill Drive. The site is currently undeveloped and is in agricultural use (see Map 1). B. The subject property is currently zoned R1 and R3. The Church of Jesus Christ of Latter Day Saints is located adjacent to and northeast of the subject site. Existing low-density residential land is located east of the subject property. While all property surrounding the subject site is zoned R1, Single-Family Residence District, the undeveloped land to the south and west of the subject property is designated for Planned Mixed Use (office/commercial) based on the Comprehensive Plan. C. The subject property was rezoned from R1, Single and Two-Family Residence District to R3, General Residence District in 2007 for the construction of a senior independent living facility. The development never materialized and remained under ownership of Douglas Marklein and Scott Bever. At this time, Hospice Care, Inc. has secured an offer to purchase the property and proposes to construct an approximate 16,000 square-foot facility to act as their regional Attachment A service center (See ). The building will include office and storage space as well as areas for bereavement groups, community and outreach events, interdisciplinary team meetings, and staff and volunteer training. All hospice patient care activities will be conducted off-site. The applicants, however, indicate that if demand for their services increase, in-patient services may be offered on- site through future expansion. D. The Future Land Use designation shown on the City’s Comprehensive Plan identifies the subject property as being appropriate for higher density residential. The site was designated for multi-family residential on the Future Land Use Map as a result of the December 2007 rezoning of the property to accommodate a senior housing proposal. At the time of final Comprehensive Plan adoption (early 2009), the senior housing project remained a viable project and the Comprehensive Plan reflected that type of land use known as Mixed Residential. Under Wisconsin’s Smart Growth Planning legislation, land use decisions such as rezoning of property must be conducted in a manner which is consistent with the City’s Comprehensive Plan. This was established in order to make land use decisions more predictable, but the state law also provided some flexibility to local governments in addressing the statutory requirements based on individual Plans adopted by each community. The Comprehensive Plan adopted for the City of Janesville recognizes that the precise location of zoning district boundaries may vary from slightly from the general land use boundaries depicted on the Future Land Use map, especially in transitional areas. Transitional areas are those areas situated between two distinct land uses. In this case, the subject property is located in a transitional area between a Single-Family Residential designation to the east and a Planned Mixed Use (office/commercial) designation to the west (see Map 2). The Comprehensive Plan recognizes there may be instances where transitions between designated land uses shown on the map must be determined and indicates that accommodations should be made to permit land uses or planned development where it is appropriate and compatible with adjacent land use categories. Rezoning of property in these transitional areas may occur with review and approval by the Plan Commission and City Council to ensure consistency with the Plan. E. Sandhill Drive is currently partially improved and will be completely improved to the subject site’s northeast property line as part of this development. Sandhill Drive, in the future, will be extended west to connect with Deerfield Drive north of the Pine Tree Plaza. When this connection occurs, it is anticipated that land directly west of the subject site will be developed with uses more intense than residential land use. Therefore, the rezoning of this property from R1 and R3 to O1 serves as a transitional zone district to buffer the single and two-family residences from more intense land uses planned surrounding the site west of N. Wright Road. F. Staff has not been contacted by any residents within or around the requested rezoning area at the time this report was written. The applicant conducted a neighborhood meeting in January to present their development plans with surrounding property owners and residents and no concerns were expressed regarding the proposed development. PLAN COMMISSION ACTION – 6 JUNE 2011 Duane Cherek, Manager of Planning Services, presented the written staff report. The public hearing was opened and no one appeared to speak on this item. The public hearing was closed. Commissioner Voskuil announced that Commissioner Marklein would recuse himself from the discussion and action on this item. Commissioner Marklein indicated that ownership of the property is not listed as Marklein Builders as indicated in the report but should be identified as owned by Douglas Marklein and Scott Bever. Commissioner Voskuil asked about the construction of Sandhill Drive extended west of North Wright Road. Cherek indicated that Sandhill Drive would be constructed to the west property line of the development site adjoining Sandhill Drive. Improvements would include underground utilities, curb, gutter and street paving. There was a motion by Commissioner Adams with a second by Commissioner Madere to forward the rezoning of 3301 Sandhill Drive from R1 and R3 to O1 to the City Council with a favorable recommendation. FISCAL IMPACT The subject site is undeveloped and currently in agricultural use. If the property is rezoned for use by HospiceCare, Inc. as proposed, it is likely that they would seek tax exempt status for the property, as is the case with their existing site on West Memorial Drive. The anticipated decline in property tax revenue would be nominal if this site is rezoned and developed as proposed due to the low agricultural use/value assessment currently applied; however, it is likely that the existing HospiceCare site on the City’s west side would be sold which could yield a buyer who is not tax exempt. The development of this site also has non-quantifiable benefits such as retaining jobs within the city, providing a valuable service to city residents and the addition of a high quality facility. The property owners will also be assessed for sidewalks, street lights and storm sewer as well as for the extension of Sandhill Drive across the frontage of the site. Given these factors, the fiscal impact on the City is expected to be negligible with the proposed rezoning. cc: Eric Levitt Jay Winzenz ORDINANCE NO. 2011-484 An ordinance changing the zoning classification of property located at the southwest corner of Sandhill Drive and N. Wright Road from R3 and R1 to O1 with a penalty and injunctive relief for a violation thereof as set forth in Section 18.28.010 of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is hereby changed from R3, General Residence District, and R1, Single-Family Residence District, to O1, Office/Residence District. PART OF OUTLOT 1 OF A CERTIFIED SURVEY MAP AS RECORDED IN VOLUME 25, PAGES 273 THRU 275, OF CERTIFIED SURVEY MAPS OF ROCK COUNTY, WISCONSIN, AS DOCUMENT NO. 1559526, LOCATED IN THE NW 1/4 OF THE SW 1/4 AND THE SW 1/4 OF THE SW 1/4 SECTION 16; ALSO PART OF THE NE 1/4 OF THE SE 1/4 AND THE TH SE 1/4 OF THE SE 1/4 OF SECTION 17, T.3N., R.13E., OF THE 4 P.M., CITY OF JANESVILLE, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at the SE Corner of said Section 17; thence N.1°00’24”W. along the East Line of the SE 1/4 of said Section, 1113.82 feet to the most Southerly Corner of said Outlot; thence N.27°54’20”E. 4.91 feet to the place of beginning for the land to be herein described; thence N.62°05’40”W. 469.84 feet; thence N.27°54’20”E. 498.56 feet to the Centerline of Sandhill Drive; thence S.62°05’40”E. 529.85 feet to the Centerline of N. Wright Road; thence S.27°54’20”W. along said Centerline 498.56 feet; thence N.62°05’40”W. 60.00 feet to the place of beginning. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Applicant Prepared by: Community Development Department CITY MANAGER’S OFFICE MEMORANDUM June 14, 2011 TO: City Council FROM: Tom Presny, Parks Director Rebecca Smith, Management Assistant SUBJECT: Action on a proposed resolution approving the acquisition of abandoned railroad grade from Mr. Mike Morris for bike trail purposes as an extension of the Peace Trail (File Resolution No. 2011-817) Request Councilmember Tom McDonald and Council President Brunner requested staff bring the proposed acquisition of land from Mr. Mike Morris for a bike trail extension forward for review by the City Council. Staff requests the Council approve resolution 2011-817 to approve the acquisition of land from Mr. Mike Morris for a bike trail extension. Staff Recommendation Staff recommends the City Council approve resolution 2011-817 to approve the acquisition of land from Mr. Mike Morris for a bike trail extension. City Manager Recommendation The City Manager recommends approval. Proposed Property for Acquisition This property is 4.32 acres in size and has.36 miles (1,880’) of abandoned railroad right of way with elevated grade, crushed stone ballast in place, and drainage ditches on both sides. The property is currently vacant and is located south of Tripp Road. This property also has some vegetation present because it hasn’t been used since the 1970s. A map of the property proposed for purchase is attached. This piece of railroad grade is the last remaining parcel of trail right-of-way needed to complete the City’s portion of the trail extending 3 miles south to Afton. If acquired, the City will have 5.5 miles of continuous bike trail on the abandoned railroad grade and would complete the City’s responsibility in connecting Janesville with Beloit via public trail. The 2008 Parks and Open Space Plan recommends properties along the Rock River Parkway be acquired for extending the bike trail. Additionally, staff believes that if the City owns all of the trail right-of-way, this project would be a good candidate to receive grants to upgrade this trail to pavement. If the Morris property is not purchased, the City could still build the continuous bike trail; however the construction costs would increase. The trail would be placed parallel to the proposed acquisition and would be on land owned by the City’s Wastewater Utility. The alternate site would require fill material and stone to provide an adequate elevated base and drainage; drainage culverts at each end of the trail; and significant tree/brush 1 removal. The cost to prepare this site for construction depends on several factors which have not been quantified at this time since the exact alignment has not identified, but the estimate ranges from $10,000 - $20,000. Analysis Mr. Morris is willing to sell this property to accommodate the bike trail at an appraised price of $45,000. As part of the sell therewill be no requirement to close the trail for hunting each year. Additionally, Mr. Morris offered that if this property is purchased from he will donate his equipment and services to clear the property of vegetation him, to the City’s standards. He shared that he wants to see the trail project move forward on the railroad right of way and felt this gesture would show his support for the trail donation is worth $5,000 connecting to Afton and Beloit. Staff estimates his and would put the acquired trail grade in a usable condition without further short term city expense until the trail could be built with an asphalt surface. With the expansion of the Wastewater Treatment Plant, the Wastewater Division purchased a portion of parkland adjacent to the treatment plant property for the construction of a new cold storage sludge building. The Wastewater Division compensated for this project’s use of parkland by depositing $18,000 in the Parkland Acquisition Fund. Staff proposes this funding be used to pay a portion of this acquisition. The Wastewater Utility is using an additional 1.3 acres of land and they have not yet compensated the Parkland Acquisition Fund (PAF). If the trail is able to be built on the Morris property, the Wastewater Utility would pay the PAF an additional $7,800 for their use of parkland. Plan Commission Review The Plan Commission reviewed the purchase of this property at their June 20, 2011 meeting and found the purchase to be consistent with established city plans and further recommended the City proceed with the land acquisition, but not commenting upon the financial aspects of the transaction. Funding for Acquisition Funding for the acquisition of the property will be provided through several sources. First, the Rock Trail Coalition has agreed to donate $10,000 toward the acquisition of this property. This donation affirms their membership’s belief that the Morris parcel is the best route for the trail. Next, using $18,000 from the treatment plant project is proposed. Third, the additional treatment plant project funding ($7,800) is also proposed to be used. Finally, the remaining $9,200 necessary for the acquisition is proposed to come from the 2010 Note Issue specifically for trails. Funding Sources for Proposed Acquisition Donation from Rock Trail Coalition $ 10,000.00 Funding from Treatment Plant expansion $ 18,000.00 Addt'l Funding from Treatment Plant $ 7,800.00 expansion 2010 note issue funds $ 9,200.00 Total Acquisition Cost $ 45,000.00 2 Conclusion Taking into consideration the costs to ready the alternate site for construction, the donation from the Rock Trail Coalition, Mr. Morris’ offer to clear the trail and the funding available due to the treatment plant project, staff feels this is an ideal time to purchase this property from Mr. Morris for a bike trail expansion. If the Council approves this resolution to purchase, staff would look to close on the property as soon after as possible. cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager/Director of Administrative Services Attachments: Map of proposed acquisition Excerpt from Park & Open Space Plan (Afton Road Rock River Parkway) 3 RESOLUTION NO. 2011-817 A Resolution approving the acquisition of abandoned railroad grade from Mr. Mike Morris for bike trail purposes as an extension of the Peace Trail WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32 and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, and conservation of parkland, open space, riverfront properties, and development properties; and WHEREAS , this property is the last remaining parcel of trail right-of-way needed to complete the City’s portion of the trail extending 3 miles south to Afton and would complete the City’s responsibility in connecting Janesville to Beloit via public trail; and WHEREAS , the 2008 Parks and Open Space Plan recommends properties along the Rock River Parkway be acquired for extending the bike trail; and WHEREAS , the Common Council hereby find that such uses and acquisition constitute public purpose(s) that benefit the community and promote recreation, health, welfare, safety and best interests of the City, its residents, businesses and visitors; and WHEREAS , the City of Janesville Administration has negotiated with the owner to purchase this property in the amount forty-five thousand dollars ($45,000); and WHEREAS , the funding for this acquisition will be provided by a donation from the Rock Trail Coalition ($10,000), and the Parkland Acquisition Fund ($35,000); and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on June 20, 2011 and found it to be consistent with the City’s established plans, but not commenting upon the financial aspects of the transaction. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve and authorize the City Manager and/or his designee(s) to acquire and close upon the City’s purchase of the Property from the owners on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s) on behalf of the City of Janesville is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Councilmember McDonald, Council President Brunner Prepared by: Management Assistant WASTEWATER TREATMENTPLANT PROPOSED LAND BALMORALDR ACQUISITION WILDFLOWERLN CEMETERYROAD EAUCLAIREROAD Legend ProposedAcquisition(4.32Acres) City-OwnedLand Date:11/24/08 HendricksLand Scale:None LOCATIONMAP CITYOFJANESVILLE MIKEMORRISLANDACQUISITION MAP1 PLANNINGSERVICES S:Projects\LeisureServices\MorrisLand Ý·¬§ ±º Ö¿²»ª·´´» Ð¿®µ ¿²¼ Ñ°»² Í°¿½» Ð´¿² Ý¸¿°¬»® Ú·ª»æ Ú«¬«®» Ð¿®µô Ñ°»² Í°¿½»ô ¿²¼ Î»½®»¿¬·±²¿´ Ú¿½·´·¬·» Î»½±³³»²¼¿¬·±² ®»½±³³»²¼¿¬·±² ±º ¬¸· Ð´¿² ¬¸¿¬ ¬¸» Ý·¬§ ³±ª» º±®©¿®¼ ©·¬¸ ¿²§ ¿²¼ ¿´´ ®·ª»®º®±²¬ °®±¶»½¬ ¿ °®±°»®¬·» ¿´±²¹ ¬¸» ®·ª»® ¾»½±³» ¿ª¿·´¿¾´»ò Û¨¿³°´» ±º ¬¿®¹»¬ ®·ª»®º®±²¬ °®±°»®¬·» ¿®» °®±ª·¼»¼ ¾»´±©ò Í±«¬¸ Ö¿½µ±² Í¬®»»¬ Î·ª»®º®±²¬ò ß ³¿´´ ²«³¾»® ±º ¾«·²» °®±°»®¬·» »¿¬ ±º Í±«¬¸ Ö¿½µ±² Í¬®»»¬ ¿²¼ ²±®¬¸ ±º Ü»´¿ª¿² Ü®·ª» ¾¿½µ «° ¬± ¬¸» °¿ª»¼ ¬®¿·´ §¬»³ ·² ¬¸· ¿®»¿ò Ì¸» Ö¿²»ª·´´» Î·ª»®º®±²¬ Í¬®¿¬»¹§ ®»½±³³»²¼ ¬¸» ¿½¯«··¬·±² ±º °®±°»®¬·» ´±½¿¬»¼ »¿¬ ±º Í±«¬¸ Ö¿½µ±² Í¬®»»¬ ¾»¬©»»² Î±½µ°±®¬ Î±¿¼ ¿²¼ Ü»´¿ª¿² Ü®·ª»ò Ì¸» °¿ª»¼ ¾·µ» ¬®¿·´ º±®³ ¬¸» »¿¬ ¾±«²¼¿®§ º±® ¬¸· ¬¿®¹»¬»¼ ¿®»¿ò ×² ±®¼»® ¬± º·´´ ·² ¬¸» ¹¿° ¾»¬©»»² »¨·¬·²¹ °«¾´·½´§ ±©²»¼ ®·ª»® º®±²¬¿¹»ô ¬¸· ¿®»¿ ¸±«´¼ ¾» ½±²·¼»®»¼ º±® ¿½¯«··¬·±² ¸±«´¼ ·¬ ¾»½±³» ¿ª¿·´¿¾´»ò Ò±®¬¸ Ó¿·² Í¬®»»¬ò Ò±®¬¸ Ó¿·² Í¬®»»¬ ®«² °¿®¿´´»´ ¬± ¬¸» Î·ª»®ô ½®»¿¬·²¹ ³¿²§ ±°°±®¬«²·¬·» º±® ®·ª»®º®±²¬ »¨°¿²·±²ò Ì¸» °®·³¿®§ ¬¿®¹»¬ ¿®»¿ · ¾»¬©»»² Ì®¿¨´»® Ð¿®µ ¿²¼ Ý»²¬»®©¿§ò É·¬¸·² ¬¸· ¼·¬®·½¬ ¬¸»®» ¿®» ³¿²§ ¿¹·²¹ ·²¼«¬®·¿´ ¿²¼ ½±³³»®½·¿´ °®±°»®¬·» ¬¸¿¬ ·³°»¼» °«¾´·½ ¿½½» ¬± ¬¸» Î·ª»®ô ¿²¼ ·² ª¿®·±« ½¿» ¬¸» ¬®«½¬«®» ¿®» ÔÏÉÕØ×ÑÎÎÙÍÑÜÔÏÆÕÔÚÕÑÔÐÔÉÊÉÕØÑÜÏÙiÊ ®»¼»ª»´±°³»²¬ °±¬»²¬·¿´ò ß½¯«··¬·±² ±º °®±°»®¬·» ©·¬¸·² ¬¸· ¼·¬®·½¬ ©±«´¼ ±°»² ¿¼¼·¬·±²¿´ ¸±®»´¿²¼ ¬± °«¾´·½ «» ¿²¼ ½®»¿¬» ¿ ³±®» ©»´½±³·²¹ »²ª·®±²³»²¬ ©·¬¸·² ¬¸» Ü±©²¬±©² ¾§ Ü±©²¬±©² Î·ª»®©¿´µ ·³°®±ª·²¹ ¬¸» ¿»¬¸»¬·½ ±º ¬¸» ®·ª»® ½±®®·¼±® ¬¸®±«¹¸ ¬¸» ®»³±ª¿´ ±º ·²¼«¬®·¿´ ¬®«½¬«®» ¬¸¿¬ ¿®» ²±¬ ·² µ»»°·²¹ ©·¬¸ ¬¸» «®®±«²¼·²¹ ½¸¿®¿½¬»®ò Î·ª»® Í¬®»»¬ Î·ª»®º®±²¬ò Ì¸· ¿½¯«··¬·±² · ·²¬»²¼»¼ ¬± °®±ª·¼» ¿ ½±²¬·²«¿¬·±² ±º ¬¸» ¼±©²¬±©² ®·ª»® ©¿´µ©¿§ º®±³ ¬¸» Ó·´©¿«µ»» Í¬®»»¬ Þ®·¼¹» ¬± ¬¸» Ö¿½µ±² Í¬®»»¬ Þ®·¼¹»ò Ì¸» Ý·¬§ ¸¿ °®±ª·¼»¼ ·³°®±ª»³»²¬ ¾»¬©»»² Ó·´©¿«µ»» Í¬®»»¬ ¿²¼ Ý»²¬»®©¿§ò Ì¸· ®·ª»®º®±²¬ ½±®®·¼±® ©·´´ ¿½½±³³±¼¿¬» ¬¸» ×½» ß¹» ÒÍÌò Î·ª»®º®±²¬ °®±°»®¬·» ¾»¬©»»² Ó·´©¿«µ»» Í¬®»»¬ ¿²¼ ¬¸» Ö¿½µ±² Í¬®»»¬ Þ®·¼¹»ô ±® °±®¬·±² ±º ¬¸»» °®±°»®¬·»ô ¸±«´¼ ¾» ¿½¯«·®»¼ ¿ ¬¸»§ ¾»½±³» ¿ª¿·´¿¾´»ò ßº¬±² Î±¿¼ Î±½µ Î·ª»® Ð¿®µ©¿§ò Ì¸» Î±½µ Î·ª»® Ð¿®µ©¿§ô ´±½¿¬»¼ ¾»¬©»»² ¬¸» Î±½µ Î·ª»® ¿²¼ ßº¬±² Î±¿¼ô »²½±³°¿» ¶«¬ ±ª»® îðð ¿½®» ¿²¼ ¬®»¬½¸» ¿°°®±¨·³¿¬»´§ ì ³·´» ·² ´»²¹¬¸ò Ì¸» Ð¿®µ©¿§ °®±ª·¼» °«¾´·½ ¿½½» ¬± ¿ °±®¬·±² ±º ¬¸» Î±½µ Î·ª»® ¾»¬©»»² Î±½µ°±®¬ Î±¿¼ ¿²¼ Û¿« úÑÜÔËØëÎÜÙüÍÜÇØÙËØÚËØÜÉÔÎÏÜÑÉËÜÔÑÒÏÎÆÏÜÊÉÕØjíØÜÚØéËÜÔÑi×ÎÑÑÎÆÊÉÕØËÔÇØË×ÎË ¿°°®±¨·³¿¬»´§ í ³·´»ò Ì¸· ¬®¿·´ ¸¿ ¾»»² ¼»ª»´±°»¼ô ·² °¿®¬ô ±² ¿ º±®³»® ®¿·´®±¿¼ ¹®¿¼» ¿´±²¹ ¬¸» ²±®¬¸»®² ¬©± ³·´» ±º ¬¸» °¿®µ©¿§ò ß½¯«··¬·±² · ®»½±³³»²¼»¼ º±® °®±°»®¬·» ©·¬¸ ®»ª»®·±²¿®§ ½´¿«» ·²½´«¼·²¹ ±¬¸»® ®»·¼»²¬ÔÜÑÜÏÙÚÎÐÐØËÚÔÜÑÍËÎÍØËÉÄÜÑÎÏÖÉÕØÍÜËÒÆÜÄiÊ ©¿¬»®º®±²¬ò Î±½µ ¿²¼ Þ»´±·¬ Ì±©²¸·°ô ¬¸» Ý·¬§ ±º Þ»´±·¬ ¿²¼ñ±® Î±½µ Ý±«²¬§ »»µ ¿½¯«··¬·±² ±® »¿»³»²¬ ±º ¬¸» »ª»² ®»³¿·²·²¹ ³·´» ±º ¿¾¿²¼±²»¼ ®¿·´©¿§ ¬± ´·²µ Ö¿²»ª·´´» ¬± Þ»´±·¬ò ß½¯«··¬·±² ©·´´ ¾» ©·¬¸ ©·´´·²¹ »´´»® ±²´§ô ©·¬¸±«¬ ¿²§ ½±²¼»³²¿¬·±²ò Ì¸· ¬®¿·´ô ©¸»² ´·²µ»¼ ©·¬¸ ¬¸» Ý·¬§ ¬®¿·´ ²»¬©±®µ ¿²¼ ¬¸» ×½» ß¹» ÒÍÌô ©·´´ ¸¿ª» ¬¿¬»ó©·¼»ô ¿²¼ ®»¹·±²¿´ô ·¹²·º·½¿²½» ¾§ °®±ª·¼·²¹ ¿ °¿¬¸ ·²¬± Þ»´±·¬ ¿²¼ ½±²²»½¬·²¹ ¬± Ò±®¬¸»®² ×´´·²±·ò ßæÖçôîððè ìç ÜÑÐÌÛÜ ËÒÛ City Manager Department Memorandum June 22, 2011 TO: Council President Brunner & City Council FROM: Eric J. Levitt, City Manager SUBJECT: Action on Transfer of $13,000 from TIF IX funding to DDA for Façade Improvement Project. Summary rd At the May 23 City Council meeting, the City Council requested that $13,000 be allocated from TIF IX for a façade improvement project approved by the DDA to replace funding initially allocated from CDBG funds. The action required would be City Council approval to allocate $13,000 to be used for the façade improvement project. Background The City has been providing funding for the DDA downtown façade improvement project through the City’s CDBG program. The City Council approved $30,000 for the program in the 2011 budget. Based upon the approved budget, the DDA had verbally awarded a $30,000 grant for use at 319 W. Milwaukee Street However, subsequent to that action, HUD reduced its CDBG funding to the City by $97,000. This loss of funding resulted in the CDA recommending an $18,000 reduction in funding for the DDA façade improvement program. The City Council requested that $13,000 be used from TIF IX funding along with the $12,000 allocated from CDBG to provide $25,000 for the awarded façade grant. This results in a $5,000 decrease in funding. Financial Summary Estimated cost for 319 W. Milwaukee Street façade improvement = $67,000 Funding for project: CDBG = $12,000 (DDA allocation) TIF IX = $13,000 Certified Parts Corporation = $42,000 City Manager Recommendation The City Manager recommends approval of the $13,000 from TIF IX. The project was awarded the money by the DDA after the Board determined that this project proposal best met their façade grant program which in part is intended to eliminate blight in the downtown. I believe that the property owner had been notified that they were awarded the project, and that all indications are that they are moving forward in good faith to complete this project by the end of 2011 if the City Council approves the project. The property owner does understand that the City’s match is being reduced $5,000. Attachments:  Certified Parts Corporation Proposal  Concept. øíåîèíåîø÷æ÷ðíìï÷îèïûèùôóîõõêûîèìêíõêûï éìíîéíê÷øúãøíåîèíåîø÷æ÷ðíìï÷îèûððóûîù÷ öçîøóîõìêíæóø÷øúãùóèãíöòûî÷éæóðð÷èôêíçõôùíïïçîóèãúðíùñõêûîèøíððûêé å÷éèïóðåûçñ÷÷éèê÷÷è òûî÷éæóðð÷åó ù×ÊÈÓ½×ØìÛÊÈÉùÍÊÌÍÊÛÈÓÍÎÔÛÉÌÊÍÌÍÉ×ØÈÍØÍÈÔ×ÖÍÐÐÍÅÓÎÕ×ÉÈÓÏÛÈÓÍÎÍÖÅÍÊÑ ø×ÏÍ ìÊ×ÌÍÖÖÊÍÎÈÉÓØ×ïÓÐÅÛÇÑ××éÈÊ××È ø×ÏÍ ìÊ×ÌÍÖÚÛÙÑÉÓØ× ùÍÊÎÓÙ×ÍÎÖÊÍÎÈ î×ÅÅÓÎØÍÅÉÍÎÖÊÍÎÈÉÓØ× î×ÅÅÓÎØÍÅÉÛÎØØÍÍÊÉÍÎÚÛÙÑÉÓØ× èÊÛÎÉÍÏÛÎØéÓÕÎÚÍÛÊØÍÎÖÊÍÎÈÉÓØ× úÛÙÑÅÛÐÐÛÎØÙÛÎÍÌÃÙÍÎÉÈÊÇÙÈÓÍÎ ûØØÓÈÓÍÎÛÐöÇÎØÉÅÓÐÐÚ×ÌÊÍÆÓØ×ØÚÃòÛÏ×ÉõÊÛ¼ õÊÛ¼óÎÆ×ÉÈÏ×ÎÈÉ ù×ÊÈÓ½×ØìÛÊÈÉ ùÍÊÌÍÊÛÈÓÍÎ òúêùóÎÆ×ÉÈÏ×ÎÈÉ ìÊÍÌÍÉ×ØÈÓÏ×ÐÓÎ×ÈÍÚ×ÕÓÎÓÎÉÇÏÏ×ÊÍÖ ÛÎØÈÍÚ×ÙÍÏÌÐ×È×ØÚÃ×ÎØÍÖ éÌ×ÙÓÛÐîÍÈ× »ÓÉÌÊÍÌ×ÊÈÃÈÍÚ×ÙÍÏ×ÈÔ×ØÍÅÎÈÍÅÎÌÊ×É×ÎÙ×ÍÖõÊÛ¼óÎÆ×ÉÈÏ×ÎÈÉ òúêùóÎÆ×ÉÈÏ×ÎÈÉÛÎØ ù×ÊÈÓ½×ØìÛÊÈÉùÍÊÌÍÊÛÈÓÍÎê×ÛÐ÷ÉÈÛÈ×øÓÆÓÉÓÍÎ»ÓÉÌÊÍÒ×ÙÈÓÉÈÔ×½ÊÉÈÌÔÛÉ×ÍÖ ÍÖÈÔ×ÌÊÍÒ×ÙÈ ÓÎÆÍÐÆÓÎÕ å×ÉÈïÓÐÅÛÇÑ××éÈÊ××È å×ÉÈïÓÐÅÛÇÑ××éÈÊ××ÈÛÎØÈÔ×ïÍÎÈ×Ê×ÃôÍÈ×Ð»× É×ÙÍÎØÌÔÛÉ×ÓÎÆÍÐÆ×ÉÙÊ×ÛÈÓÎÕÛ ÉÈÍÊÃÌÛÊÑÓÎÕÉÈÊÇÙÈÇÊ×Ú×ÔÓÎØ å×ÉÈïÓÐÅÛÇÑ××éÈÊ××È ÈÍÌÊÍÆÓØ×ÙÍÆ×Ê×ØÛÎØÇÎÙÍÆ×Ê×ØÌÛÊÑÓÎÕÖÍÊÈÔ×Ê×ÉÓØ×ÎÈÉÍÖÈÔ×ïÍÎÈ×Ê×ÃôÍÈ×ÐÌÊÍÒ×ÙÈÛÎØ ÈÔÍÉ×ÆÓÉÓÈÓÎÕÈÔ×ÙÍÏÌÐ×ÄÖÍÊØÓÎÓÎÕÍÊÚÇÉÓÎ×ÉÉ»×ÈÔÓÊØÛÎØ½ÎÛÐÌÔÛÉ×ÓÉÈÔ×Ê×ÔÛÚÓÐÓÈÛÈÓÍÎ ÍÖÈÔ×ïÍÎÈ×ÊÃôÍÈ×ÐÅÔÓÙÔÙÛÎÎÍÈÚ×ÕÓÎÇÎÈÓÐÛØ×ËÇÛÈ×ÌÛÊÑÓÎÕÓÉÛØØÊ×ÉÉ×Ø ÷äóéèóîõùíîøóèóíî ÷ÉÈÓÏÛÈ×ØèÍÈÛÐùÍÉÈÍÖìÊÍÒ×ÙÈ ûÏÍÇÎÈÍÖõÊÛÎÈê×ËÇ×ÉÈ×Ø ìÊÍÒ×ÙÈø×ÉÙÊÓÌÈÓÍÎ ê×ÙÍÎ½ÕÇÊ×ïÓÐÅÛÇÑ××éÈÊ××È÷ÎÈÊÛÎÙ×ÈÍÓÎÙÐÇØ×ÕÛÊÛÕ×ØÍÍÊÈÍÛÙÙ×ÉÉÓÎÈ×ÊÓÍÊÌÛÊÑÓÎÕèÅÍ ØÍÍÊÉÍÎÐ×¼ÅÓÐÐÊ×ÏÛÓÎÖÍÊÇÌÉÈÛÓÊÉÛÙÙ×ÉÉ»×ÚÛÙÑÖÛÙÛØ×ÅÓÐÐÚ×Ê×ÙÍÎ½ÕÇÊ×ØÈÍÓÎÙÐÇØ×Û ÕÛÊÛÕ×ØÍÍÊÈÍ×ÄÓÈÈÔ×ÓÎÈ×ÊÍÊÌÛÊÑÓÎÕÛÎØÙÍÎÈÓÎÇ×ÈÍôÓÕÔéÈÊ××ÈÛÊÍÇÎØÈÔ×ÚÛÙÑÉÓØ×ÍÖÈÔ× ÔÍÈ×Ðî×ÅÅÓÎØÍÅÉÅÓÐÐÚ×ÓÎÉÈÛÐÐ×ØÍÎÚÍÈÔÈÔ×ïÓÐÅÛÇÑ××éÈÊ××ÈÖÛÙÛØ×ÛÉÅ×ÐÐÛÉÛØØÓÈÓÍÎÛÐ ÅÓÎØÍÅÉÛÎØØÍÍÊÉÍÎÈÔ×ÚÛÙÑÉÓØ×ÈÍÛÐÐÍÅÎÛÈÇÊÛÐÐÓÕÔÈÓÎÈÍÈÔ×ÉÌÛÙ×íÎÈÔ×ïÓÐÅÛÇÑ×× éÈÊ××ÈÖÛÙÛØ×ÛÙÍÊÎÓÙ×ÈÊÛÎÉÍÏÛÎØÉÓÕÎÚÛÎØÅÓÐÐÚ×ÓÎÙÐÇØ×ØÓÎÈÔ×Î×ÅÖÛÙÛØ×ÙÍÎÉÈÊÇÙÈÓÍÎ ÈÍÚ×ÈÈ×ÊÔÛÊÏÍÎÓÂ×ÅÓÈÔÈÔ××ÄÓÉÈÓÎÕÔÓÉÈÍÊÓÙÚÇÓÐØÓÎÕÉÉÇÊÊÍÇÎØÓÎÕÈÔÓÉÚÇÓÐØÓÎÕ îÇÏÚ×ÊÍÖÒÍÚÉÓÖÛÎÃÈÍÚ×ÙÊ×ÛÈ×ØÚÃÌÊÍÒ×ÙÈÂ×ÊÍÚÇÈÒÍÚÉÅÓÐÐÚ×Ê×ÐÍÙÛÈ×ØØÍÅÎÈÍÅÎ åÓÐÐÛÎÃÒÍÚÉÙÊ×ÛÈ×ØÚ×Ô×ÐØÚÃÐÍÅÈÍÏÍØ×ÊÛÈ×ÓÎÙÍÏ×ÓÎØÓÆÓØÇÛÐÉÂ×ÊÍ PUBLIC WORKS DEPARTMENT MEMORANDUM June 27, 2011 TO: City Council FROM: Carl J. Weber P.E., Director of Public Works SUBJECT: Report on Milwaukee Street/Court Street Two-Way Conversion Reduced Scope Analysis Staff Recommendation Staff recommends the City Council: 1. Make a determination whether two-way traffic provides a superior environment for the Downtown. 2. If so determined, program the conversion so as to coordinate with future resurfacing or reconstruction of the various segments of the streets. City Manager’s Recommendation The City Manager recommends approval of converting to two-way traffic in the downtown in coordination with future reconstruction or resurfacing projects. As noted in the communication, it is recommended that the conversion be coordinated with future bridge reconstruction and street resurfacing of West Milwaukee St. Suggested Motion I move to: A. Retain the current one way pattern for Milwaukee and Court Streets or: B. Plan to convert Milwaukee Street from Main St to midblock between Locust St. and the Five Points Intersection to two-way when the street is programmed for resurfacing or reconstruction. Request The City Council reviewed the Milwaukee Street/Court Street Two-Way Conversion Study on 12/1/10 and deferred action on the study pending review by the Downtown Business Alliance. The DBA, upon reviewing the study and completing a supplemental business and property owner survey, endorsed the only the conversion of Milwaukee St. from Main St. to between Locust St and the Five Points Intersection. Staff then retained Ayres and Associates to study the traffic impact of this reduced scope alternative. That supplement study is now complete. Background Subsequent to the conversion of Franklin and Jackson Streets through downtown to two way traffic, the City hired Ayres and Associates to study Milwaukee and Court Streets to evaluate the feasibility of converting those two streets to two way 1 traffic as well. The final draft of the study was submitted to staff in August of 2010. A summary was presented to the DDA Board on 8/9/10 with a request for review and comment. The DDA referred the report to its Traffic and Parking Committee. A summary was also presented to the Transportation Committee for informational purposes on 8/11/10. The following is a text version of those summaries: Milwaukee/Court Street Two-way Conversion Summary Three alternatives were evaluated: Alternative 1(Base scenario) -Both Milwaukee and Court would be converted from one-way to two-way commencing at Atwood Avenue on the east. Milwaukee Street east of the Five-point intersection would be cul-de-saced, diverting traffic to Centerway on the west end of the conversion. Cost $1,777,680. Alternative 2- Both Milwaukee and Court would be converted from one-way to two-way from Atwood Avenue on the east to the Five-point intersection, on the west with only westbound Milwaukee Street access remaining open to the Five- points. Cost $1,415,900. Alternative 2A- Following the review of the costs associated with Alternative 2, which required a costly reconstruction of the Five-points, Alternative 2 was adjusted to allow Milwaukee to remain one way west of Laurel Avenue and Court Street to remain one-way west of Academy Street. Cost $385,010. Significant Findings of the Study  Daily traffic volumes on Court and Milwaukee will remain relatively similar to existing volumes observed with the one-way system under all Alternatives.  Under the “base scenario” traffic signals would have to be installed at the intersection of Academy and Centerway. Signals would not be required at Academy Street under Alternative 2A.  The conversion of Milwaukee Street and Court Street to two-way streets would only marginally affect on-street parking  Single unit trucks (less than 30 feet in length) could be accommodated with the two way conversion of Milwaukee and Court with the removal of the curb bump-out at the Milwaukee Street intersection with Main. However, the Court Street and Milwaukee Street intersections with Main Street and Parker Drive will not accommodate the turning radius of semi trailer trucks under the two-way street operation without intersection improvements including ROW acquisition.  Recommended improvements include: Updating traffic signal timings and traffic control equipment at each o traffic signalized intersection. Updating signing and pavement markings to accommodate the new o traffic movements. 2 Installing traffic signals at the intersection of Centerway and o Academy Street for the “Base” scenario. DDA Survey In January of this year the DDA undertook an opinion survey of business and property owners along Milwaukee St. It was reasoned that a reduction in the overall cost of the project was desirable and that Milwaukee St, because of its greater walk-in business, would benefit more than Court St from a conversion. On the west side of the river, 22 businesses supported the conversion and 6 opposed it. East of the river, all 10 of those expressing an opinion opposed the conversion. DDA Endorsement On January 11, 2011 the DDA board, after considering the Ayres Traffic Study, the cost estimates and their opinion survey, voted to endorse the conversion of West Milwaukee St from Main St. to between Locust St and the Five Points Intersection. Their endorsement came with the understanding that this alternative would need to be evaluated for traffic impacts. Supplemental Traffic Analysis Ayres and Associates reran the traffic projection model and reevaluated the impacted intersections for the limited conversion of only West Milwaukee St and reported the following conclusion: “Based on the projected traffic volume comparison it is concluded that the change to two-way traffic operation between Main and Academy (sic, actually between Main and Center) Streets has negligible impact on downtown traffic volumes.” Staff Conclusions The initial and supplemental traffic studies have indicated that there is no substantial impact on traffic volumes and intersection level of service by the various conversion alternatives. Further, there was no measurable increase or decrease in accidents on the Jackson/Franklin conversion after those streets were converted to two-way traffic. To that end, the question of whether or not to convert appears to be traffic neutral. It then becomes a question of the cost of the conversion vs. the expected benefit of reestablishing a more conventional traffic pattern for a central business district as was recommended in the City of Janesville Downtown Vision and Strategy. Ayres has estimated the cost of conversion of West Milwaukee St. from Main St. to between Locust St and the Five Points Intersection to be $121,850. While this is significantly less than the other alternatives previously considered, it’s still a significant expense during a time when the City is undergoing unprecedented financial challenges. 3 Should the City Council determine that it is appropriate to convert W. Milwaukee St. to two-way traffic; it is recommended that the conversion be coordinated with future bridge reconstruction and street resurfacing of West Milwaukee St. This will allow for about $20,000 in savings for redundant work items such as pavement marking and mobilization, allow for remaining costs to be shared under any grant that may be obtained for the pavement and bridge work and allow for the transition to take place at a time when traffic is disrupted for street work. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services 4 PUBLIC WORKS DEPARTMENT MEMORANDUM June 27, 2011 TO: City Council FROM: Carl J. Weber P.E., Director of Public Works SUBJECT: Review and Approval of Proposed Plans for Reconstruction of River Street from West Racine Street to West Court Street Staff Recommendation Staff recommends that the City Council approve the plans for reconstruction of River St. from W. Racine St. to W. Court St. as presented herein. City Manager’s Recommendation The City Manager recommends approval of the plans for reconstruction. I believe this is a critical project in the continued redevelopment of the downtown. Suggested Motion I move to approve the plans for the reconstruction of River St. from W. Racine St. to W. Court St. as presented and including Option 3 for parking alignment. Request DPW staff is seeking approval of the design concepts for the various elements of the street reconstruction prior to completion of final plans and specifications and advertising for bids. The design needs to be completed this fall to allow for construction during the 2012 construction season as scheduled. Background The City has previously determined that River St., which was originally constructed in 1957, is in need of reconstruction due to its deteriorated pavement structure. To this end, the city applied for and received a Federal grant to fund 80% of the cost of reconstruction. The City (and WisDOT) subsequently retained MSA Professional Services to prepare plans and specifications. MSA is currently 30% complete with the design process. City staff and MSA have held 3 meetings with different community members who would have interest in the project (including one to which the general public was invited) as well as several one on one meetings with abutting property owners. Based on comments from those meetings, field surveys, and a review of the City of Janesville Downtown Vision and Strategy and in compliance with State and Federal design standards, a preliminary plan has been prepared for your review and approval. A summary of the preliminary plan elements is as follows: 1. The street will be reconstructed from ROW line to ROW line including pavement, curb and gutter as well as sidewalk. The roadway width would 1 be narrowed from existing widths of 42ft – 46ft to 41ft. This would allow for two traffic lanes, two bike lanes and one parking lane. Parking would be eliminated on one side of the street to allow a reasonable terrace width. The block between McKinley St and W. Court St would be slightly wider at 45ft (vs. 48ft existing) to accommodate a separate right-turn lane for Court St. and would have no parking on either side. 2. The pavement structure would be an 8” concrete over 6” aggregate with intermittent areas of increased stone base. 3. Three options have been considered for the single parking lane between W. Racine St. and McKinley Street: a. Option 1: All parking on the west side b. Option 2: West side parking from W. Racine St to W. Holmes St, east side from W. Holmes St to W. Van Buren St and west side from W. Van Buren St. to McKinley St.. c. Option 3: West side parking from W. Racine St to W. Holmes St,. and east side from W. Holmes St to McKinley St.. Staff recommends Option 3 as it provides 3 more stalls than Option 2 and 9 more than Option 1. It also provides a drop off spot for the bus transfer station outside of the McKinley St intersection and allows for temporary bus parking during maintenance operation for the transfer station pavement area. 4. Bump-outs will be provided at each intersection except W. Racine St and W. Court St (where with turn lanes will be provided) to provide for safer pedestrian crossings and additional green space. 5. The existing standard street lights on the west side of the street will be removed and replaced will new decorative lights on concrete poles on the east side of the street matching those installed on Court St to the east of Main St. a few years ago. 6. Parkway trees in poor condition will be removed and replaced with trees that are compatible with the existing environment. 7. Within the public open space area between the street and the river from Union St. to Rock St. a large rain garden will be constructed. This will provide 1) management of stormwater runoff from a portion of the street prior to discharge into the river, 2) general education for the public about the benefits of stormwater management, and 3) an aesthetically enhanced entry way into the central business district from the south. 8. The existing walkway on the east side of the street between 431 S. River Street and Rock St. is under consideration for elimination with pedestrian traffic redirected to the parallel Rock River recreation trail. This would eliminate redundancy of construction and maintenance costs for this part of 2 the project and provide a more pleasant environment for walkers and recreational bikers. This proposal is currently under review by the WDOT. 9. The Rock River Trail would be extended from its current terminus one half block north of Union St to the north end of the City property at Rock St. The trail would be aligned to allow for future extension north along the river with a connection to the existing trail at the south end of the Transit Transfer Facility. A sidewalk connection to the trail at the northwest end of the Racine St Bridge will also be provided. 10. All necessary utility improvements will be completed either immediately prior to or as part of the project. cc: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Dir. of Administrative Services 3 NEIGHBORHOOD SERVICES MEMORANDUM June 1, 2011 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Authorization for the City Manager to Enter Into a Mutual Cooperation Agreement between the City of Janesville and the City of Beloit for the Neighborhood Stabilization 3 Program. Summary The State of Wisconsin has awarded the Rock County Consortium a total of $1,293,000 in Neighborhood Stabilization Program 3 (NSP3) funding to purchase foreclosed or abandoned homes; and rehabilitate, resell or redevelop these homes in order to stabilize neighborhoods and stem the decline in values of neighboring homes. Under the proposed mutual cooperation agreement with the City of Beloit, a total of $637,250 will be available to the City of Janesville to purchase and rehabilitate five homes, redevelop one vacant property with a newly constructed home, and provide down payment assistance. Department Recommendation The Neighborhood Services Department recommends that the Council authorize the City Manager to enter into the attached Mutual Cooperation Agreement for the Neighborhood Stabilization 3 Program between the City of Beloit and the City of Janesville. This agreement will allow for federal grant dollars, administered by the State of Wisconsin, to be obtained to help stabilize the housing market in Census Tract 3. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to authorize the City Manager to enter into a Mutual Cooperation Agreement between the City of Janesville and the City of Beloit under the Neighborhood Stabilization 3 Program. Background In 2009, the Rock County Consortium was awarded $1,930,275 in funding under the Neighborhood Stabilization Grant Program. Of this total, the City of Janesville will receive $1,189,865. To date, the City of Janesville has purchased 12 vacant foreclosed properties under this program. Seven of these homes are being rehabilitated and five of the homes were demolished for future redevelopment 1 purposes. A final home was donated by a bank to Community Action and is being rehabilitated with Neighborhood Stabilization funds. In February 2011, the City Council authorized staff to apply for additional funding under the Neighborhood Stabilization Grant 3 program grant through the State of Wisconsin Department of Commerce. This program allows municipalities and qualified non-profit organizations to acquire foreclosed properties for the purpose of rehabilitation, redevelopment, or demolition. Under the NSP 3 consortium, the City of Beloit will serve as the Representative Member (Lead Agency) and shall assume responsibility for ensuring the Consortium’s NSP Program is carried out in compliance with the State and Federal Program. The Beloit Common Council has approved the proposed mutual cooperation agreement. The City of Janesville will continue to be responsible for administering the program within the City of Janesville boundaries. Under the NSP 3 Consortium, the City of Janesville will receive 49% of grant funding; the City of Beloit will receive 51% of funding. This original allocation was determined by the State of Wisconsin Department of Commerce based upon the respective need and proposed activities in each of the eligible census tracts. The City of Janesville will receive $600,000 in housing funds and $37,250 in administrative funds for this program. Through a collaboration with Wisconsin Partnership for Housing Development, this level of funding should allow for the rehabilitation of five single family homes, the construction of one new home, and the provision of down payment and closing cost assistance. All activities assisted must benefit low to moderate income households, which include individuals at 80% of the adjusted median income or below. At least 30% of the total grant funding must benefit households with incomes ≤50% of median income. Fifty percent of all grant funds must be expended by 12/31/2012 and 100% of grant funds must be expended by 12/31/2013. Analysis  Wisconsin State Statutes allow intergovernmental agreements, such as that being proposed here.  The City of Beloit and City of Janesville have established a good working relationship through the current implementation of the Neighborhood Stabilization 1 Program.  The cooperation agreement is consistent with other joint efforts between the City of Beloit and the City of Janesville, including the Rock County HOME Consortium. 2  The City of Beloit has staff who are knowledgeable in the CDBG and HOME programs and who have the experience necessary to ensure the consortium program is in compliance with the State and Federal Requirements.  This agreement is consistent with that which is currently in place for the Neighborhood Stabilization Program. The City of Janesville will continue to be responsible for managing the program within the City limits.  The funding allocation was determined by the State based upon the need and proposed activities in each of the eligible census tracts.  Entering into the cooperative agreement will facilitate the sharing of information between the participating jurisdictions, which should in turn simply program administration.  Participation in a cooperative agreement will simplify program monitoring for the State of Wisconsin and is a condition of their approval for NSP3 funding. cc: Eric J. Levitt, City Manager Jay Winzenz, Director of Administration / Assistant City Manager 3 MUTUAL COOPERATION AGREEMENT UNDER THE NATIONAL NEIGHBORHOOD STABLIZATION PROGRAM Federal Fiscal Years 2011-2013 This agreement entered into among the City of Janesville, a Wisconsin Municipal Corporation and the City of Beloit, a Wisconsin Municipal Corporation. Collectively referred to herein as the “Consortium” WHEREAS, the Neighborhood Stabilization Program (hereinafter called WNSP 3 Program) is authorized under Title III of Division B of the Housing and Economic Recovery Act (HERA), 2008 (Pub. L. 110-289, approved July 30, 2008) for emergency assistance for redevelopment of abandoned and foreclosed homes and residential properties; and WHEREAS, Section 66.0301 of the Wisconsin Statutes authorizes intergovernmental agreements; and WHEREAS, the parties are mutually developing a plan to utilize the WNSP 3 program; and WHEREAS, the parties have determined that obtaining funds under the WNSP 3 program will increase their ability to redevelop neighborhoods negatively impacted by foreclosures; NOW THEREFORE, for good and valuable consideration the parties do agree and covenant as follows: SECTION 1. DEFINITIONS – a.“Member” The City of Beloit and the City of Janesville. - b.“Administrative Member” The Cities of Beloit and Janesville. – c.“Representative Member” The City of Beloit shall be the Representative Member and shall assume the responsibility for ensuring that the Consortium’s WNSP 3 program is carried out in compliance with the requirements of the WNSP 3 program. SECTION 2. FUNDING Funds for the Consortium will be distributed as follows: a.$655,750 Fifty-one percent (51%) of the funds shall be reserved for specific activities or projects administered by the City of Beloit. b.$637,250 Forty-nine percent (49%) of the funds shall be reserved for specific activities or projects administered by the City of Janesville. c.The above allocation of funds will be reexamined and adjust on or about January 1, 2012 of this agreement based on each member’s ability to effectively use the available funding. SECTION 3. ACTIVITIES a.Each member shall cooperate in undertaking, or assist in undertaking, eligible WNSP 3 program activities in compliance with the regulations in the National Stabilization Program authorized under Title III of Division B of the Housing and Economic Recovery Act. b.Each member shall implement affirmative action to further fair housing in their jurisdictions consistent with the requirements of this Program. Such actions may include planning, education and outreach, and enforcement components. SECTION 4. ADMINISTRATION a.The City of Beloit shall be the Representative Member and shall carry out necessary administrative overall responsibilities for the Consortium, with the cooperation of all members , consistent with the WNSP 3 program regulations. The City of Beloit will administer the WNSP 3 program within the municipal boundaries of the City of Beloit. b.The City of Janesville will administer the WNSP 3 program within the municipal boundaries of the City of Janesville. c.Each Administrative Member shall submit in a timely manner to the Representative Member all information necessary for participation in the Consortium. This includes, but is not limited to, written agreements executed with subrecipients, and performance reports. d.Each Administrative Member of the Consortium shall start its WNSP 3 program years on January 1 except in 2011 where the WNSP 3 program year shall begin upon the date of execution of this agreement. SECTION 5. AMENDMENT, WAIVER No amendment or waiver of any provisions of this Agreement shall be effective unless the same shall be in writing, approved and signed by the legal authority of the Administrative Members. SECTION 6. ENTIRE AGREEMENT This Agreement embodies the entire agreement and understanding of the parties hereto with respect to the subject matter herein and supersedes all prior agreements and understandings of the parties hereto relating to the subject matter herein. 2 SECTION 7. CONFLICTING AGREEMENT In case of any conflict between this Agreement and any other document, this Agreement shall control. SECTION 8. ARBITRATION In the event that the parties are unable to agree with respect to any action to be taken pursuant to this Agreement, and or any matter or issue arising under this Agreement, then any of the parties may elect to submit the issue to arbitration in accordance with Chapter 788, Wisconsin Statutes. Each party will be responsible for their own costs for legal representation. Any costs for the arbitrator involved in said arbitration will be borne equally by the parties involved, regardless of the final determination. SECTION 9. LIMITATION OF LIABILITY None of the parties to this Agreement shall be liable to the other parties for any action or failure to act or any error of judgment, negligence, mistakes, or oversight whatsoever on the part of such party or such party’s agents, officers, or employees with respect to any transaction relating to the Agreement, provided that such party has acted in good faith and has not been guilty of gross negligence or willful misconduct. SECTION 10. COMPLIANCE WITH ANTI-DISCRIMINATION LAWS The WNSP 3 grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. SECTION 11. COMPLIANCE WITH LEAD-BASED PAINT PROCEEDURES The activities concerning lead-based paint will comply with all applicable laws, regulations, and ordinances. SECTION 12. DURATION OF THIS AGREEMENT This Agreement, approved this _________day of _______________, 2011, shall be in force for the time necessary to complete WNSP 3 activities funded from federal fiscal years 2011, 2012, and 2013. It shall terminate when all WNSP 3 Program funds for said years are expended or are permanently withdrawn by the U.S. Department of Housing and Urban Development. The members shall remain in the Consortium and not end their participation in it until the time of termination. The undersigned represent that they are fully authorized under State and local law to enter this agreement and that the Agreement provides full legal authority for the signatory parties to undertake or assist in undertaking WNSP Consortium activities. 3 CITY OF JANESVILLE By: Eric Levitt, City Manager Date By: __________________________________________ Jean Wulf, City Clerk-Treasurer Date Approved as to form: By: 06/01/2011 Wald Klimczyk, City Attorney Date CITY OF BELOIT By: Larry N. Arft, City Manager Date By: __________________________________________ Rebecca S. Houseman, City Clerk Date By: __________________________________________ Paul York, City Comptroller Date Approved as to form: By: Thomas Casper, City Attorney Date 4 NEIGHBORHOOD SERVICES MEMORANDUM June 1, 2011 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Authorization for the City of Janesville to Enter Into a Developers Agreement with Wisconsin Partnership for Housing Development for the Neighborhood Stabilization 3 Program. (File Resolution 2011-813) Summary The State of Wisconsin has awarded the Rock County Consortium a total of $1,293,000 in Neighborhood Stabilization Program 3 (NSP3) funding to purchase foreclosed or abandoned homes; and rehabilitate, resell or redevelop these homes in order to stabilize neighborhoods and stem the decline in values of neighboring homes. A total of $637,250 will be available to the City of Janesville to purchase and rehabilitate five homes, redevelop one vacant property with a newly constructed home, and provide down payment assistance. The City proposes a collaboration with the Wisconsin Partnership for Housing Development (Partnership) to implement the NSP3 Program. Under the proposed developer’s agreement, the Partnership would be responsible for purchasing the properties, coordinating the rehabilitation, and selling the properties. The City would be responsible for overall program administration. Department Recommendation The Neighborhood Services Department recommends that the Council approve File Resolution #2011-813, authorizing the City Manager to enter into the attached Developers Agreement for the Neighborhood Stabilization 3 Program between the City of Janesville and Wisconsin Partnership for Housing Development. City Manager Recommendation This agreement demonstrates an excellent partnership between a City department and not-for-profit housing development agency. This collaboration could lead to future positive collaborations with our agencies. Suggested Motion I move to approve File Resolution #2011-813 authorizing the City of Janesville to enter into a developer’s agreement with The Wisconsin Partnership for Housing Development for the purpose of utilizing Neighborhood Stabilization Program 3 Grant Funding 1 Background In 2009, the Rock County Consortium was awarded $1,930,275 in funding under the Neighborhood Stabilization Grant Program. Of this total, the City of Janesville will receive $1,189,865. To date, the City of Janesville has purchased 12 vacant foreclosed properties under this program. Seven of these homes are being rehabilitated and five of the homes were demolished for future redevelopment purposes. A final home was donated by a bank to Community Action and is being rehabilitated with Neighborhood Stabilization funds. In February 2011, the City Council authorized staff to apply for additional funding under the Neighborhood Stabilization Grant 3 program grant through the State of Wisconsin Department of Commerce. This program allows municipalities and qualified non-profit organizations to acquire foreclosed properties for the purpose of rehabilitation, redevelopment, or demolition. The City of Janesville will receive $600,000 in housing funds and $37,250 in administrative funds for this program. The City of Janesville intends to enter into a developer’s agreement per the NSP program with The Wisconsin Partnership for Housing Development. The Partnership is a private nonprofit corporation working to expand affordable housing opportunity through innovation in housing development, consulting, finance and advocacy. Since founding in 1985, they have formed numerous partnerships with the public, nonprofit and private sectors in efforts to build and sustain strong neighborhoods and communities. The Partnership will be responsible for rehabilitation of five single family homes, the construction of one new home, and the provision of down payment and closing cost assistance. All activities assisted must benefit low to moderate income households, which include individuals at 80% of the adjusted median income or below. At least 30% of the total grant funding must benefit households with incomes ≤50% of median income. Fifty percent of all grant funds must be expended by 12/31/2012 and 100% of grant funds must be expended by 12/31/2013. The Partnership has extensive experience administering federal housing funds. Currently, the Partnership is engaged in acquisition, rehabilitation and resale of 15 homes in four communities using NSP1 funds. The Partnership manages the HOME-funded down payment assistance, home improvement and purchase/rehabilitation loan programs of the HOME Consortium (Jefferson, Ozaukee, Washington and Waukesha Counties) and a CDBG-funded housing rehabilitation loan program of Waukesha County. The Partnership is also providing extensive consulting services in the design and implementation of housing programs for flood relief in Cedar Rapids, Iowa which are funded primarily with federal funds. The Partnership has several staff members who have been involved in its NSP1 development activity and in providing NSP 2 technical assistance under contract to HUD, all of whom are available as staffing resources for the proposed NSP 3 activity. Analysis  The Partnership has 20 years of housing development experience.  The Partnership will act on behalf and in cooperation with the City of Janesville and adhere to all NSP rules.  The Partnership has staff who are knowledgeable in the Neighborhood Stabilization programs and who have the experience necessary to ensure the NSP program is in compliance with the State and Federal Requirements.  The Partnership will leverage an additional $137,500 in funding in order to complete the rehabilitation of these properties.  Current City staff is fully engaged in other housing and community development activities, and this collaboration will ensure that we can take full advantage of the funds available in the most expeditious manner possible. cc: Eric J. Levitt, City Manager Jay Winzenz, Director of Administration / Assistant City Manager 3 RESOLUTION NO. 2011-813 A RESOLUTION AUTHORIZING THE CITY OF JANESVILLE TO ENTER INTO A DEVELOPERS AGREEMENT WITH THE WISCONSIN PARTNERSHIP FOR HOUSING DEVELOPMENT FOR THE PURPOSE OF UTILIZING NEIGHBORHOOD STABILIZATION PROGRAM 3 GRANT FUNDING This agreement entered into between the City of Janesville, a Wisconsin Municipal Corporation, conducting its principal business at 18 North Jackson Street, Janesville, WI 53547-5005 (hereinafter referred to as the “City”), and The Wisconsin Partnership for Housing Development, a private, non-profit organization operating as provided in Section 49.265 and other related provisions of the Wisconsin Statutes, as from time to time amended or renumbered, conducting its principal business at 121 South Pickney Street, Suite 200, Madison, WI 53703 (hereinafter referred to as the “Developer”). WHEREAS, The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 provided an additional $1 billion for the Neighborhood Stabilization Program (NSP) that was originally established under the Housing and Economic Recovery Act of 2008. WHEREAS, the Wisconsin Neighborhood Stabilization Program (hereinafter called “WNSP”) is authorized under Title III of Division B of the Housing and Economic Recovery Act (HERA), 2008 (Pub. L. 110-289, approved July 30, 2008) for emergency assistance for redevelopment of abandoned and foreclosed homes and residential properties; and WHEREAS, the City anticipates receiving funding under the WNSP program for the purpose of stabilizing neighborhoods through the acquisition, demolition, rehabilitation, and redevelopment of foreclosed properties; and WHEREAS, the City and the Developer have determined that it would be mutually beneficial to work collaboratively to implement the WNSP3 program; and WHEREAS, the City will provide up to $600,000 in funding to the Developer for the purpose of acquisition and rehabilitation of five residential properties and the construction of one new residential property and such property will remain under the ownership of the Developer; and WHEREAS, the Developer will assist in identifying income eligible, potential homebuyers; and WHEREAS, the Developer agrees to adhere to all HUD rules and guidelines for NSP3; and WHEREAS, the Common Council hereby find that this program and partnership are of benefit to and in the best interests of the City, its residents, businesses, and taxpayers. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that they hereby authorize and direct the City Manager to enter into a developer’s agreement on behalf of the City of Janesville withthe Wisconsin Partnership for Housing Development for the purpose of utilizing Neighborhood Stabilization Program 3 grant funding; and BE IT FURTHER RESOLVED, that the City Manager, and/or his designees, are hereby authorized to negotiate, draft, prepare, execute, file, and modify such other documents, papers and agreements ancillary and/or pertaining hereto, and, from time to time, to take and/or make whatever other minor actions and/or minor modifications to the above described agreement(s) as the City Manager and/or his designee may deem necessary and/or desirable to effectuate the purposes of such agreements, the program, and/or the intent of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Neighborhood Services Prepared by: Neighborhood Development Specialist NSP AGREEMENT THIS AGREEMENT MADE this day of 2011 by and between the City of Janesville hereinafter referred to as the “SUBGRANTEE”, and Wisconsin Partnership for Housing Development a non-profit corporation, hereinafter referred to as the “DEVELOPER” and which is located at: 121 S. Pinckney Street, Suite 420, Madison, WI 53703 . WITNESSETH WHEREAS, the SUBGRANTEE is the recipient of Neighborhood Stabilization Program Funds from the State of Wisconsin, who received such funds from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the DEVELOPER has submitted a proposal for use of funds for an NSP-eligible PROJECT; NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: I. Definitions Unless specifically provided otherwise or the context otherwise requires, when used in this Agreement: 1.“Abandoned” refers to homes where no mortgage or tax payments have been made by the property owner for at least 90 days or a code enforcement inspection has determined that the property is not habitable, and the owner has taken no corrective actions within 90 days of notification of the deficiencies. 2. “Appraisal” means an appraisal which meets the criteria specified in the Uniform Relocation Assistance and Real Property Acquisition Policies Act (“URA”), as further defined in 49 CFR 24.103. 3.“Blighted structure” means a structure that exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare. 4.“CDBG Act” means the Housing and Community Development Act of 1974, Pub. L. No. 93-383, as amended. Unless otherwise noted in HERA (as amended) and the alternative requirements in the NSP Notices, NSP is governed by the CDBG regulations. 5.“Current market appraised value” means the value of a property that is established through an appraisal made in conformity with the appraisal requirements of the URA at 49 CFR 24.103 and completed within 60 days prior to a final offer made for the property by the Subrecipient, developer, or individual homebuyer; provided, however, if the anticipated value of the proposed acquisition is estimated at $25,000 or less, the current market appraised value of the property may be established by a valuation of the property that is based on a review of available data and is made by a person the Subrecipient determines is qualified to make the valuation. 6."Eligible Costs" means costs for the activities specified in Exhibit B of this Agreement for which NSP funds are budgeted, provided that such costs (i) are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and (ii) conform to all NSP requirements. 7."Environmental Requirements" means the requirements described in 24 CFR Part 58. 8. “Foreclosed” refers to a property that is at least 60 days delinquent on its mortgage and the owner has been notified; or the property owner is 90 days or more delinquent on tax payments; or under state or local law, foreclosure proceedings have been initiated or completed; or foreclosure proceedings have been completed and title has been transferred to an intermediary aggregator or servicer that is not an NSP SUBGRANTEE, subrecipient, developer, or end user. 9."HERA" means the Neighborhood Stabilization Program (NSP) found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. 10."HUD" means the United States Department of Housing and Urban Development. 11.“Land bank” means a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property. For the purposes of the NSP, a land bank will operate in a specific, defined geographic area. It will purchase properties that have been abandoned or foreclosed upon and maintain, assemble, facilitate redevelopment of, market, and dispose of the land-banked properties. If the land bank is a governmental entity, it may also maintain abandoned or foreclosed property that it does not own, provided it charges the owner of the property the full cost of the service or places a lien on the property for the full cost of the service. 12.“LMMI” is a HUD-defined term incorporating households with eligible incomes (at or below 120% of area median, based on household size and county), including low-, moderate-, and middle-income, in referring to the national objective of the CDBG program. 13.“Low-Income Set-Aside” refers to the HERA requirement that not less than 25 percent of the funds NSP funds to the SUBGRANTEE shall be used for the purchase and redevelopment of abandoned or foreclosed upon homes or residential properties that will provide permanent housing to individuals or families whose incomes do not exceed 50 percent of area median income. 14.“NSP Notice” refers to the alternative requirements for NSP issued by HUD in the Federal Register on October 6, 2008, and as modified in the Bridge Notice issued on June 19, 2009. 15."NSP Funds" mean those funds to be provided by the SUBGRANTEE pursuant to the terms of this Agreement, as specified in Section II of this Agreement. 16.“Program Income" means the NSP3 portion of any proceeds received by the DEVELOPER and repaid to the SUBGRANTEE. 17."PROJECT" means the activities described in the Proposal and in Exhibit A of this Agreement which are to be carried out to meet the objectives of the NSP3 Program. 18."Proposal" means the DEVELOPER’s response to the SUBGRANTEE’s NSP Request for Proposals or such other submittals, as are specified in Exhibit A of this Agreement. 19.“Purchase Discount” means the minimum discount percentage from the current market- appraised value under which a property may be purchased. Under HUD Notice FR–5255–N–02, the purchase discount for NSP is “at least 1 percent from the current market-appraised value of the home or property.” 20.“Vacant properties” includes both vacant land and properties with vacant structures on the land. II. Terms and Conditions of the Funding A.Funding Amount – NSP Funds in the amount of $600,000 are obligated for use in compliance with this agreement, as reflected in the budget in Exhibit B. 1.These amounts represent an allocation of the SUBGRANTEE’s total NSP funding contingent upon DEVELOPER performance and not an entitlement to a certain grant amount, and shall only be disbursed for approved projects and costs. 2.Approved budget – The approved budget is attached to this agreement as Exhibit B. It is understood and agreed that funds will be used according to the approved budget. DEVELOPER may reallocate up to 10% of the Total NSP Funding for increases or decreases in individual line items of the budget. Reallocations of more than 10% require SUBGRANTEE approval. B.Use of Funds – NSP funds obligated under this agreement may be used as follows: 1.No Commitment or Expenditure Prior to Environmental Clearance – This obligation of NSP funds is conditional upon satisfactory completion of environmental review under 24 CFR Part 58 as provided in Section VIII. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by SUBGRANTEE of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on SUBGRANTEE’s determination to proceed with, modify or cancel the project based on the results of environmental review. Further, the DEVELOPER will not undertake or commit any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and understands that violation of this provision may result in the denial of any funds under the agreement. 2.Eligible Activities – Funds may be used for the NSP eligible activities that are checked below: Acquisition __5__ abandoned or foreclosed single-family properties Rehabilitation/reconstruction __5__ acquired abandoned or foreclosed New construction __1__ vacant properties 3.Eligible Properties – The DEVELOPER may only utilize NSP funds for properties approved by the SUBGRANTEE. Approved properties are listed in Exhibit A. Other than those properties explicitly listed in Exhibit A, the DEVELOPER must prepare and submit a Property Approval Request Form attached in Exhibit C for each property to be assisted with NSP funds. Eligible properties must meet the following conditions for approval by SUBGRANTEE: a.Must be located in an NSP Target Area as identified in Exhibit A. b.Must have no substantial adverse environmental factors as determined by an environmental review. c.Must have only one dwelling unit on site or a multi-unit to be converted to a single family unit; acquisition or two-family or other mixed owner-rental properties require SUBGRANTEE advance approval in writing and compliance with NSP rental restrictions. d.Must otherwise be in suitable locations for marketing and resale to low- and moderate-income homebuyers. e.Must be unoccupied and have no personal possessions on site, unless SUBGRANTEE approves acquisition of an occupied property and stipulates compliance with relocation requirements in Section VIII. f.Must be eligible for acquisition under NSP as foreclosed or abandoned or vacant. 4.Activity Limitations – In implementing projects, DEVELOPER shall undertake only those activities permitted by this agreement, and comply with all provisions of this agreement, including the project requirements in Section III, as they may be modified by HUD. In particular a.Acquisition – In order to ensure that only NSP-eligible properties are acquired, DEVELOPER may acquire only those properties listed in Exhibit A or subsequently approved by SUBGRANTEE. No acquisitions may occur without environmental clearance, and determination of the applicability of URA provisions. b.Demolition – Primary structures on properties acquired or contributed may not be demolished unless they are declared as blighted by SUBGRANTEE. c.Construction/Rehabilitation/Reconstruction – DEVELOPER may use NSP funds for the construction, rehabilitation or reconstruction of properties as approved by the SUBGRANTEE and permitted by this agreement, and shall implement the requirements in Section VII as applicable to all projects. C.Cost Limits – All uses of funds are subject to the approval of the SUBGRANTEE. D.Deadlines – Timely completion of the work specified in this agreement is an integral and essential part of performance. The NSP funds are subject to Federal deadlines and failure to comply could result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the DEVELOPER that the PROJECT will be completed as expeditiously as possible and that the DEVELOPER will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of NSP funds. 1.Project Expenditure Deadlines – All project activities and all expenditures of NSP funds must be completed by December 31, 2013. If checked the additional interim deadlines apply to project expenditures: 50% of NSP funds expended and drawn by Dec 31, 2012__ 75% of NSP funds expended and drawn by ____________ 100% of NSP funds expended and drawn by Sept 30, 2013 _ 2.The DEVELOPER expressly agrees to complete all work required by this agreement in accordance with the timetable set forth in Exhibit B and as provided above. a.If DEVELOPER fails to obligate or expend NSP funds as indicated in this agreement, SUBGRANTEE in its sole discretion may recapture a portion or all of the DEVELOPER’s total NSP funding allocation. b.Changes to the timetable may be approved by the SUBGRANTEE, in the event the DEVELOPER is unable to meet the above deadlines or complete the above services because of delays resulting from Acts of God, untimely review and approval by the SUBGRANTEE and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the DEVELOPER, the SUBGRANTEE shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the DEVELOPER to notify the SUBGRANTEE promptly in writing whenever a delay is anticipated or experienced, and to inform the SUBGRANTEE of all facts and details related to the delay. However, SUBGRANTEE may not provide extensions beyond deadlines imposed by HUD. 3.Since it is mutually agreed that time is of the essence, the DEVELOPER shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth in this agreement. E.Sale to Buyers – All units acquired under this agreement shall be sold to eligible buyers in accordance with the provisions of this section. 1.Eligible Buyers – Eligible homebuyers must be determined to be income-eligible in compliance with the limit checked below. Middle Income – less than 120% of Area Median Income __1__ properties Moderate Income – less than 80% of Area Median Income __3__ properties Low Income – less than 50% of Area Median Income __2__ properties 2.Sales Price – Sales prices must be in compliance with the price limits in Section III.F, and the sales price of each property must be approved by SUBGRANTEE. 3.Income Certification and Documentation – Every purchaser shall be determined to be eligible according to the requirements at 24 CFR 570.5. 4.NSP Financing to Buyers – All buyers must have first mortgages from a mortgage lender. To further increases the affordability of the home purchase, DEVELOPER will offer a “soft second mortgage” to each buyer from the NSP Funds awarded under this agreement. These funds are included in the amount of funding provided under this agreement, and not an additional amount, and represent a transfer of some of the NSP assistance used by DEVELOPER to the eligible buyer. The terms of this assistance are as follows: a.Amount – The amount of the NSP buyer financing shall be determined based upon the gap between the approved sales price and buyer funds from the first mortgage and downpayment. b.Affordability Period – The term shall be 5, 10, or 15 years, based on the amount of the NSP assistance in the unit and based upon HOME rules related to affordability period. c.Resale During Affordability Period – If the buyer sells prior to the end of the affordability period, NSP funds will be recaptured by the SUBGRANTEE out of net proceeds of the sale according to the formyla containued in the NSP recapture note and mortgage. d.Buyer Note & Mortgage – All NSP-assisted properties are subject to ongoing compliance requirements during the period of affordability. Upon sale of an NSP-funded home, DEVELOPER will cause the homebuyer(s) to execute a promissory note and mortgage deed in favor of SUBGRANTEE as mortgagee for the combined amount of the mortgage assistance and down payment assistance as defined herein. i.The note and mortgage documents must be approved by SUBGRANTEE prior to their being executed by the homebuyer(s). ii.After each closing occurs, DEVELOPER will provide the recorded note and mortgage to SUBGRANTEE. e.Limitation on Downpayment Assistance – No buyer may receive more than 50% of the downpayment amount as downpayment assistance from NSP funds. No buyer may receive additional NSP assistance from programs or sources other than this agreement without the express consent of the SUBGRANTEE based on a determination that the additional assistance does not constitute double dipping. 5.Net Proceeds of Sale – Upon sale of an NSP-funded home, from the net proceeds of the sale after payment of all closing costs and approved developer fees, DEVELOPER will repay SUBGRANTEE the total amount of NSP funds advanced, minus the following amounts: a.The amount of the development subsidy as defined herein; and b.The amount of any buyer assistance, including mortgage assistance and down payment assistance as defined herein. c.FCI funds invested into the property III. Project Requirements The DEVELOPER agrees to comply with all requirements of the NSP Program as stated in the NSP Notice and CDBG regulations, including but not limited to the following: A.NSP Eligible Use, CDBG National Objective and Eligible Activities – The DEVELOPER will ensure and document that its NSP activities meet LMMI national objective, eligible use, allowable cost, and eligible activity requirements of the NSP Notices & CDBG Regulations. The DEVELOPER will ensure that any expenditure of NSP funds will be in compliance with the requirements, and acknowledges that NSP funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. B.Property Acquisition – If any foreclosed-upon homes or residential properties are to be acquired with NSP funds, the DEVELOPER will acquire property with NSP funds at a minimum discount of one percent from fair market value for each residential property. This requirement applies to foreclosed properties purchased with NSP funds, and the discount must be taken from the current market appraised value as described in the NSP NOFA. 1.Eligible properties – HERA and NSP limits the properties that are eligible for assistance to certain locations and types of properties (depending on the Eligible Use.) Eligible property types and locations are listed in Exhibit A. If the DEVELOPER has proposed to undertake any activities subject to the NSP Low-Income Set-Aside, these activities may only be undertaken on foreclosed or abandoned residential property. 2.Prohibition against eminent domain – The DEVELOPER will not undertake any involuntary acquisition of property with NSP funds without prior written consent of the Lead Applicant and written opinion of counsel that such acquisition is lawful. 3.Appraisal – Appraisals funded with NSP funds are required for all foreclosed properties. Exceptions to this requirement may be approved by the SUBGRANTEE. a.NSP3 requires appraisals to be performed with respect to the NSP funded acquisition of foreclosed upon homes and residential properties, even though they may be considered voluntary under the URA. The SUBGRANTEE further requires an appraisal for all NSP- assisted acquisitions of property to ensure cost reasonableness. b.The URA appraisal requirements of 49 CFR 24.103 must be met. For acquisitions which meet the applicable voluntary acquisition requirements of 49 CFR 24.101(b), the DEVELOPER must ensure that the owner is informed in writing of what it believes to be the market value of the property, and that the DEVELOPER will not acquire the property if negotiations fail to result in a an amicable agreement (see 49 CFR 24.101(b)(1) & (b)(2)). c.The appraisal must have been completed within 60 days of the offer made for the property (an initial offer can be made, subject to the completion of the appraisal within 60 days of a final offer). 4.Occupied properties – If the PROJECT is occupied at the time of this commitment, the DEVELOPER will comply with the relocation requirements of 24 CFR 570.606. 5.Purchase Discounts – HERA requires all NSP-assisted acquisitions of foreclosed property to be at a discount from the current market appraised value of the property, taking into account its current condition, and such discount shall ensure that the DEVELOPER is paying below-market value for the home or property. A minimum discount of 1 percent less than current market appraised value for each property purchased with NSP funds is required for all acquisitions funded with NSP. The address, appraised value, purchase offer amount, and discount amount of each foreclosed property purchase must be documented in the DEVELOPER’s records. C.Demolition – The DEVELOPER will use NSP funds to demolish major or convert units from non-residential uses only with the prior written permission of SUBGRANTEE. Permission for demolition of minor structures such as porches, sheds and garages shall be deemed to have been granted when SUBGRANTEE approves the plans and specifications (which may also be called work write-ups) for a particular property proposed by DEVELOPER. D.Construction/rehabilitation – For any construction or rehabilitation in this project, DEVELOPER will comply with the provisions of Section VII. If this project involves the construction or rehabilitation of properties with 8 or more units, the DEVELOPER shall comply with the provisions of the Davis-Bacon Act and regulations (29 CFR, Part 5), as amended. If the building or commonly owned development (e.g. condo or townhouse) has 8 or more units, Davis Bacon is applicable, even if NSP funds only treat one unit. E.Property Standards – The DEVELOPER will carry out all NSP-assisted activities in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability, in order to sell, rent, or redevelop such homes and properties. 1.Property Standards – DEVELOPER will carry out all NSP-assisted rehabilitation of a foreclosed-upon home or residential property in compliance with property standards, and in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability. 2.Lead-based paint – The DEVELOPER agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.487 or 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all NSP-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 3.Accessibility – The DEVELOPER shall work with any homebuying household that includes a person with disabilities to provide accessibility modifications required under the policy of reasonable accommodations and reasonable modifications. All such modifications shall be considered to be eligible NSP costs under this agreement. F.Maximum Sales Price – Approved sales prices are listed in Exhibit A. Changes to the prices must be approved by the SUBGRANTEE. However, in no event shall the sales price exceed the amount permitted by the NSP requirements listed below: 1.If an abandoned or foreclosed upon home or residential property is to be sold to an individual as a primary residence, no profit may be earned on such sale. 2.HERA Section 2301(d)(2) directs that the sale of such property shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition. Further, the sale price must be the lesser of the post-development fair market value or the acquisition/redevelopment cost. 3.The maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally include, among other things, costs related to the sale of property). 4.In determining the sales price, the SUBGRANTEE will NOT consider the costs of boarding up, lawn mowing, maintaining the property in a static condition, or, in the absence of NSP-assisted rehabilitation or redevelopment, the costs of completing a sales transaction or other disposition to be redevelopment or rehabilitation costs. G.Sale and Occupancy – All of the funds made available under this Agreement shall be used with respect to. 1.Marketing and Selection – In the marketing, intake and selection of buyers for PROJECT units, the DEVELOPER shall comply with non-discrimination and fair housing requirements listed in Section VIII. 2.Buyer Qualification – All buyers of NSP-assisted units shall be individuals and families whose incomes do not exceed 120% of area median income (referred to as “low-, moderate- and middle-income”, or LMMI), unless lower income limits are specified in Exhibit A. DEVELOPER shall verify and document income eligibility of all buyers in compliance with 570.203(a) definition of “Income.” a.Low-Income Set-Aside– The DEVELOPER must expend at least the amount of set-aside funding identified in Exhibit A of this Agreement to create permanent housing for households with incomes at or below 50% of area median. The DEVELOPER may choose to expend more than the set-aside amount from NSP funds allocated within Eligible Uses A and B, but within the total NSP award covered by this agreement, and doing so will not require an amendment to this Agreement. 3.Counseling Requirement – Each NSP-assisted homebuyer is required to complete at least eight hours of homebuyer counseling from a HUD-approved housing counseling agency. First Mortgage – DEVELOPER must ensure that homebuyers obtain a mortgage loan from a lender who agrees to comply with the bank regulators’ guidance for non-traditional mortgages. DEVELOPERS are cautioned against providing or permitting homebuyers to obtain subprime mortgages for whom such mortgages are inappropriate. 4.First Mortgage- DEVELOPER must ensure that homebuyers obtain a mortgage loan from a lender who agrees to comply with the bank regulators’ guidance for non-traditional mortgages. DEVELOPERS are cautioned against providing or permitting homebuyers to obtain subprime mortgages for whom such mortgages are inappropriate. 5.Affordability Period – All NSP-assisted units must adhere to the affordability provisions as listed in Exhibit A, which is based upon the total amount of NSP funds provided per unit. a.Affordability periods must be enforced utilizing a mortgage, promissory note and, where applicable, deed restriction. b.The Affordability Period is a minimum standard, and DEVELOPER may propose a longer Affordability Period. H.Project Monitoring and Recordkeeping – The DEVELOPER will be monitored by the AGENCY for compliance with the NSP requirements and the applicable CDBG regulations of 24 CFR Part 570. The DEVELOPER will provide reports and access to project files as requested by the SUBGRANTEE during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT as required under Section IX of this Agreement. IV. SUBGRANTEE Responsibilities A.SUBGRANTEE is responsible for the following tasks and deliverables. B.The SUBGRANTEE shall furnish the DEVELOPER with information regarding requirements for the project, including any changes in NSP regulations or program limits that affect the project, including but not limited to income limits. C.Environmental Review – SUBGRANTEE will complete environmental assessments and provide clearances for all NSP target areas, as well as approvals of site-specific environmental reviews. DEVELOPER will provide all information required by SUBGRANTEE. D.Property Approval – SUBGRANTEE will provide prompt approval of any property selected by DEVELOPER and submitted on the form with all required documentation for approval. Failure to provide all required information will result in a delay in approval. Approval can only be provided on completion of environmental review. E.Homebuyer Counseling – SUBGRANTEE will contract with one or more agencies that are qualified to provide pre-purchase counseling and homebuyer education to prospective homebuyers, and will notify DEVELOPER of approved counselors so that the DEVELOPER can refer buyers. F.Inspections – The SUBGRANTEE will conduct progress inspections of work completed and review of project files and information to protect its interests as lender and regulatory authority for the project, and will provide information to the DEVELOPER regarding any progress inspections or monitoring to assist it in ensuring compliance. The SUBGRANTEE’s review and approval of the WORK will relate only to overall compliance with the general requirements of this Agreement and NSP requirements, and all SUBGRANTEE regulations and ordinances. G.Disbursements – SUBGRANTEE will manage all draws of NSP funds from HUD and payment of valid and properly documented draw requests from DEVELOPER. The SUBGRANTEE will disburse funds as provided in Section IV of this Agreement. SUBGRANTEE will process requests for disbursements of NSP funds, including necessary construction inspections, in a timely manner. SUBGRANTEE will clearly and promptly describe any deficiencies identified by SUBGRANTEE that prevent a disbursement or portion of a disbursement from being approved. H.Monitoring – SUBGRANTEE will monitor all program activities of DEVELOPER to assure compliance with the terms of this Agreement including all NSP requirements. I.Nothing contained herein shall relieve the DEVELOPER of any responsibility as provided under this Agreement. V. Disbursement of Funds A.Project expenses (excluding developer fee) shall be paid based on vouchers for actual expenses incurred or paid. All such expenses shall be in conformance to the approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. B.Requests for payment must be submitted by the DEVELOPER on forms specified by the SUBGRANTEE, with adequate and proper documentation of eligible costs incurred in compliance with NSP and CDBG rules. The DEVELOPER agrees to submit requests for payment in a timely manner in the form and times directed by the SUBGRANTEE. C.The SUBGRANTEE will pay to the DEVELOPER funds available under this Agreement based upon information submitted by the DEVELOPER and consistent with any approved budget and SUBGRANTEE policy concerning payments. Payments will be made for eligible NSP related expenses actually incurred by the DEVELOPER, and will not exceed actual cash requirements. Payments will be adjusted by the SUBGRANTEE in accordance with advance fund and program income balances available in DEVELOPER accounts. In addition, the SUBGRANTEE reserves the right to liquidate funds available under this contract for costs incurred by the SUBGRANTEE on behalf of the DEVELOPER. D.To ensure expeditious implementation of activities, SUBGRANTEE make payment to the DEVELOPER promptly on receipt of the DEVELOPER’s complete and properly submitted requests for payment for activities under this agreement. Generally, requests for payment received by the end of day on Friday will be disbursed the following Friday. E.The NSP funds advanced to the Project will be secured by a note and mortgage on the property, which shall be released upon sale to an eligible buyer. F.The SUBGRANTEE reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The SUBGRANTEE also reserves the right to hold payment until adequate documentation has been provided and reviewed. G.The DEVELOPER may submit a final invoice upon completion. Final payment shall be made after the SUBGRANTEE has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with NSP regulations, including submission of a completion report and documentation of eligible occupancy, property standards and long-term use restrictions. H.The SUBGRANTEE shall pay the DEVELOPER, as maximum compensation or FEE for the developer services as provided in the approved Budget in Exhibit B. If multiple projects or buildings are involved, the developer fee may be pro-rated to each building or project, and the applicable percentage may be applied to each. I.The DEVELOPER shall report to SUBGRANTEE at time of sale any net proceeds of sales, after the payment of all closing costs and approved developer fee, under this contract, and shall comply with the following (as checked): The DEVELOPER may reuse such net proceeds of sale during the contract period for NSP-eligible activities permitted under this contract and shall reduce requests for additional funds by the amount of any such proceeds on hand. All unexpended net proceeds shall be returned to the SUBGRANTEE at the end of the contract period. The DEVELOPER shall return the net proceeds of each sale to the SUBGRANTEE at each closing. VI. Repayment of Funds A.All NSP funds are subject to repayment in the event the PROJECT does not meet the Project Requirements and Other Requirements as outlined in this Agreement, including deadlines. B.It is understood that, upon the completion of the PROJECT, any NSP funds obligated but not expended under this agreement will revert to the SUBGRANTEE. C.All net sales proceeds after payment of all development and closing costs, including developer fee, shall be returned to the SUBGRANTEE. D.Prior to each closing or sale to an eligible buyer, the DEVELOPER will provide to the SUBGRANTEE the estimated settlement statement, along with a reconciliation statement and the draft note and mortgage. The reconciliation statement shall account for the pro-ration of NSP project funds to the individual unit, and identify those funds that are to be lent to the buyer secured by the NSP note and mortgage, the amount of developer fee and the amount of net sales proceeds to be returned to the SUBGRANTEE. VII. Contracting, Labor & Hiring Provisions During the performance of this contract, the DEVELOPER agrees as follows: A.The DEVELOPER will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The DEVELOPER will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The DEVELOPER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the SUBGRANTEE setting forth the provisions of this nondiscrimination clause. B.The DEVELOPER will, in all solicitations or advertisements for employees placed by or on behalf of the DEVELOPER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C.The DEVELOPER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. D.The DEVELOPER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. 1.In the event the DEVELOPER is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the DEVELOPER may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. E.The DEVELOPER shall conduct all contracting and purchases with NSP funds to ensure that materials and services are obtained in a cost-effective manner. When procuring for services to be provided under this agreement, the DEVELOPER shall adhere all NSP and Local, State and Federal guidelines, rules and laws. F.The DEVELOPER will include the provisions of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The DEVELOPER will take such action with respect to any subcontract or purchase order as the AGENCY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the DEVELOPER becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the AGENCY, the DEVELOPER may request the United States to enter into such litigation to protect the interest of the United States. G.The DEVELOPER agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. H.The DEVELOPER agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. I.The DEVELOPER agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The DEVELOPER shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the SUBGRANTEE for review upon request. J.The DEVELOPER will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group developers or women. The DEVELOPER may rely on written representations by businesses regarding their status as minority and women-owned business enterprises in lieu of an independent investigation. K.The DEVELOPER agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the SUBGRANTEE pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the DEVELOPER of its obligation, if any, to require payment of the higher wage. The DEVELOPER shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The DEVELOPER shall comply with the provisions of the Copeland Anti-Kick-Back Act (18 U.S.C. 874) as supplemented in the AGENCY of Labor Regulations (29 CFR Part 3), as amended. L.Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the SUBGRANTEE, the DEVELOPER and any of the DEVELOPER’s contractors and subcontractors. The DEVELOPER certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 1.The DEVELOPER further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” 2.The DEVELOPER further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the NSP-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the NSP-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. 3.The DEVELOPER further warrants and agrees to include or cause to be included the criteria and requirements of this Section in every non-exempt subcontract in excess of $100,000. The DEVELOPER also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. VIII. Compliance with Other Federal, State & Local Laws A.The DEVELOPER covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto. B.Environmental review – All NSP assistance is subject to the National Environmental Policy Act of 1969 and related federal environmental authorities and regulations at 24 CFR Part 58. 1.No NSP project funds will be advanced, and no costs can be incurred, until the SUBGRANTEE has conducted an environmental review of the proposed project site as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify or cancel the project. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the SUBGRANTEE of a release of funds from the U.S. Department of Housing and Urban Development [or the State of Wisconsin] under 24 CFR Part 58. 2.Further, the DEVELOPER will not undertake or commit any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and must indicate that the violation of this provision may result in the denial of any funds under the agreement. 3.A copy of the Environmental Review Record shall be maintained by both the DEVELOPER and the SUBGRANTEE. C.Flood Disaster Protection – In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the DEVELOPER shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation.) D.Historic Preservation – The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. E.Relocation – The DEVELOPER agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; 24 CFR Part 42 – Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606 – Displacement, relocation acquisition, and replacement of housing, as may be amended by the NSP NOFA. The DEVELOPER also agrees to comply with applicable SUBGRANTEE or local ordinances, resolutions and policies concerning the displacement of persons. 1.To meet these requirements, the owner of record must be notified in writing that Federal financial assistance will be used in the transaction and that if agreement cannot be reached through negotiation, that the acquisition will not take place. There are specific URA voluntary acquisition requirements that must be met depending on whether or not the buyer has the power of eminent domain and will not use it (see 49 CFR 24.101(b)(1)(i)-(iv)) or if the buyer does not have the power of eminent domain (see 49 CFR 24.101(b)(2)). Any acquisition under possible threat of eminent domain, cannot be considered a “voluntary acquisition” (even if the seller is willing to negotiate). 2.The relocation provisions of the Uniform Relocation Act apply to NSP funds. An unlawful occupant (see 49 CFR 24.2(a)(29)) who is displaced for an NSP-funded acquisition will not be entitled to relocation assistance and payments. However, a lawful occupant displaced for an NSP-funded acquisition will generally be eligible for relocation assistance and payments under URA. The DEVELOPER shall provide appropriate relocation assistance (URA or Section 104(d)) to eligible displaced persons as defined by applicable HUD and/or URA regulations that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for an NSP-assisted project. F.The DEVELOPER agrees to comply with applicable state and local civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended (the HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its contractors and subcontractors. G.The DEVELOPER agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). H.The DEVELOPER agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the United States Code. The DEVELOPER is prohibited from using funds provided herein or personnel employed in the administration of the program for inherently religious activities, lobbying, political patronage, and nepotism activities. I.Conflict of Interest – The provisions of 24 CFR 570.611, apply to the award of any contracts under the agreement and the selection of buyers for NSP-assisted units. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this contract or any benefit herefrom. No member, officer or employee of the SUBGRANTEE; or its designees, or agents; or member of the SUBGRANTEE Council of the SUBGRANTEE; and no other public official of the SUBGRANTEE who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this agreement. Exceptions must be requested by the DEVELOPER and the AGENCY may grant exceptions as permitted by Regulation. IX. Reporting, Monitoring & Access to Records A.The DEVELOPER agrees to submit any and all reports required by HUD or the SUBGRANTEE. B.The DEVELOPER shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate-income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with NSP requirements. C.The DEVELOPER agrees to provide the SUBGRANTEE access to records and projects at any time during project implementation or for five years after project closeout for purposes of verifying compliance with NSP requirements and this agreement. Access shall be immediately granted to the SUBGRANTEE, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the DEVELOPER or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. D.The SUBGRANTEE reserves the right to audit the records of the DEVELOPER any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required by A-133, the DEVELOPER will provide the AGENCY with a certified audit of the DEVELOPER’s records representing the Fiscal Year during which the PROJECT becomes complete. E.Project Closeout – The DEVELOPER’s obligation to the SUBGRANTEE shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, accounting for use of funds, provision of all reports and records required by the SUBGRANTEE. X. Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the DEVELOPER materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. A.If the DEVELOPER fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, or if the DEVELOPER refuses or fails to proceed with the work with such diligence as will insure its completion within the time fixed by the schedule set forth in this agreement, the DEVELOPER shall be in default and notice in writing shall be given to the DEVELOPER of such default by the AGENCY or an agent of the AGENCY. If the DEVELOPER fails to cure such default within such time as may be required by such notice, the SUBGRANTEE, acting by and through the AGENCY, may at its option terminate and cancel the contract. 1.In the event of such termination, all funds awarded to the DEVELOPER pursuant to this agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the DEVELOPER will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this agreement, as the grant funds will no longer be available for this project. 2.In such event, the DEVELOPER shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. 3.Notwithstanding the above, the DEVELOPER shall not be relieved of liability to the SUBGRANTEE for damages sustained by the SUBGRANTEE by virtue of any breach of the contract by the DEVELOPER and the SUBGRANTEE may withhold any payments to the DEVELOPER for the purpose of setoff until such time as the exact amount of damages due the SUBGRANTEE from the DEVELOPER is determined whether by court of competent jurisdiction or otherwise. 4.Such termination shall not effect or terminate any of the rights of the SUBGRANTEE as against the DEVELOPER then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the SUBGRANTEE under the law and the note and mortgage (if in effect), including but not limited to compelling the DEVELOPER to complete the project in accordance with the terms of this agreement, in a court of equity. 5.The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. B.The SUBGRANTEE may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the DEVELOPER. If the contract is terminated by the SUBGRANTEE, as provided herein, the SUBGRANTEE will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the DEVELOPER will be paid as a FEE an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the DEVELOPER covered by this contract, less payments of compensation previously made. Claims and disputes between the parties will be submitted to the American Arbitration Association for resolution. Award or judgment may be entered in any court having jurisdiction thereof. XI. Amendments A. The SUBGRANTEE may amend this Agreement at any time provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the SUBRANTEE or the DEVELOPER from their obligations under this Agreement. Such amendments may Include reallocation of program income to the DEVELOPER for additional NSP activities. XII. General Conditions A.All notices or other communication which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. SUBGRANTEE DEVELOPER __________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ B.Title and paragraph headings are for convenient reference and are not a part of this Agreement. C.In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of D. the same or any other provision hereof, and no waiver shall be effective unless made in writing. E.The SUBGRANTEE’s failure to act with respect to a breach by the DEVELOPER does not waive its right to act with respect to subsequent or similar breaches. The failure of the SUBGRANTEE to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. F.The parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Wisconsin. G.Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Wisconsin or the SUBGRANTEE, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. H.The obligations undertaken by DEVELOPER pursuant to this Agreement shall not be delegated or assigned to any other person or agency unless SUBGRANTEE shall first consent to the performance or assignment of such service or any part thereof by another person or agency. I.The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. J.DEVELOPER shall indemnify and save SUBGRANTEE harmless from and against any negligent claims, liabilities, losses and causes of action which may arise out of DEVELOPER’s activities under this Agreement, including all other acts or omissions to act on the part of DEVELOPER, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. K.DEVELOPER and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the SUBGRANTEE, and shall not attain any rights or benefits under the civil service or pension ordinances of the SUBGRANTEE, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the SUBGRANTEE. L.Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. IN WITNESS WHEREOF, the SUBGRANTEE of ________________ and the DEVELOPER have caused their signatures to be hereunto affixed and duly attested ___________________________________ SUBGRANTEE ___________________________________ DEVELOPER Exhibit A. Project Description & Requirements The City of Janesville intends to administer the purchase/rehabilitation/resale of 5 homes and the new construction of one home to be sold to income eligible buyers. Construction/rehabilitation of all of the properties will result in single family owner-occupied homes. All properties will be located in census track 3. The 3 homes that are of existing construction will be required to have maximum income levels 80% of LMI and 2 homes will be required to have maximum income levels of less than 50% LMI. The new construction home will allow for a limit of 120% of median income. All properties that will be acquired will be vacant and foreclosed or abandoned residential properties. It is a program goal of this NSP 3 project to increase the level of sustainability and energy efficiency in the homes in the City of Janesville and the City of Beloit through rehabilitation and reconstruction of foreclosed properties. Within the context of this project, energy efficiency and sustainability are to be understood as incorporating both specific types of construction practices and building materials. We consider these issues to be fundamental aspects of quality housing rehabilitation and reconstruction. An energy efficient and sustainable approach provides both environmental and health merits which traditional construction methods have typically not considered. The production and use of these “green” methodologies means less energy consumption, less natural resource depletion and pollution, and are generally less toxic for both the planet and its occupants. For this project, the selection and implementation of sustainable building materials and practices will be considered a critical component of overall project success. To achieve this goal we propose the following:  All units being rehabbed in the City of Janesville will have an energy audit conducted prior to work commencing. The findings of these audits will be used as a guide in the creation of the rehab work plans. All units built new will conform to Energy Star new construction standards, using an energy audit during the building process to ensure compliance. Through this process, the work done using NSP 3 funds will ensure that the homes are as energy efficient as possible regarding issues of insulation and air infiltration.  As a part of the program, all units will come equipped with new Energy Star rated appliances.  All works sites (demolition, rehabilitation, and new construction) will practice on-site construction recycling in an attempt to eliminate as much construction waste as possible.  Within budget constraints, material choice will give preference to items that demonstrate ‘green’ and recycled features. This can range from sustainably harvested and local lumber products to materials like counter tops and siding that are created out of post consumer waste. In addition, low VOC adhesives, finishes, paints, and carpets will be given preference in all the units.  We will investigate the physical and financial feasibility of using gray water systems, unique storm water management techniques, and solar hot water on each unit. Sales prices will be determined by a market analysis done by a Wisconsin licensed real estate agent upon individual completion of the projects. Each property acquired with NSP 3 funds will operate with the affordability requirements as stipulated in the HOME program rules. To ensure compliance the program will utilize a recapture methodology which is detailed below. The duration of the affordability period will be based on the total amount of direct subsidy made to the buyer with NSP 3 funds. Under this program, the total direct subsidy exists in three forms; down payment assistance, closing cost assistance, and a soft second mortgage loan. The type of subsidy used will be determined based upon the need of the buyer. In all cases the assistance will be in the form of a zero percent interest, forgivable loan that is secured by a loan agreement and a mortgage that will be in second position to the first mortgage. If the buyer remains in the purchased NSP property as their primary residence for the entirety of the assigned affordability period, the NSP subsidy is forgiven completely. However, if for any reason the buyer sells the NSP property prior to the end of the designated affordability period, a portion of the subsidy will be recaptured. The amount recaptured will be determined pro rata based on how many years of the affordability period the home owner completed. Under this program, the recapture of funds is only applicable to the amount of the subsidy, and is not tied to any appreciation that the property experiences. After paying the determined recapture cost, the buyer is entitled to any additional gains made through the sale of the property. We believe this type of benefit package will be necessary to effectively market and sell the properties to potential buyers given the constraints of the location. Exhibit B. Project Budget & Schedule PROGRAM TIMETABLE The Grantee agrees to complete the housing activities according to the following schedule: On or Before Housing Activity 06/30/11 Finalize agreements with partnering organizations Establish record keeping system Execute grant agreement 09/30/11 Set-up __ _ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity $ EXPENDED _______________ 12/31/11 Set-up __1_ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity $ EXPENDED _______________ 03/31/12 Set-up __2_ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity $ EXPENDED _______________ 06/30/12 Set-up __2_ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity $ EXPENDED _______________ 09/30/12 Set-up ____ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity $ EXPENDED _______________ 12/31/12 Set-up ____ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity (MUST =50% OF CONTRACT $) $ EXPENDED _______________ 03/31/13 Set-up ____ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity $ EXPENDED _______________ 06/30/13 Set-up ____ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity $ EXPENDED _______________ 09/30/13 Set-up ____ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity $ EXPENDED _______________ 12/31/13 Set-up ____ Acquisition/Rehab/Resale Set-up ____ Acquisition/Rehab/Rental Set-up ____ Landbank Activity Submit Intended Reuse Plan for Landbank Properties Set-up ____ Blighted Structure Demolition Set-up ____ Redevelopment Activity (MUST =100% OF CONTRACT $) $ EXPENDED _______________ NSP3 Janesville Program Assumptions Total NSP Funds Available $ 600,000 Available Soft Cost Funds $ 60,000 Projected Acquistion Costs $ 55,000 Projected Rehab Costs $ 5,800 Average Maintenance Costs per Home (MONTHLY) $ 100 Average Utility Bill Per Home (MONTHLY) $ 125 Annual Property Tax Bill (using projected 2011 tax rate) $ 1,469 Annual Insurance Costs $ 1,000.00 Funds Available from Forward Community Investments $ 137,500.00 Funds Available from City Lead Grant $ 50,000.00 NSP 3 Janesville Total Program Budget Acquisition of 5 homes $ 275,000 Acquisition of 5 Homes $ 275,000 Construction Cost Rehabing of 5 Homes $ 329,000 $ 143,623 Development Costs--new construction (land donated by City) Soft Costs During Rehab (all 6 homes) $ 38,262 Total $ 785,885 Total Development Costs Exceed NSP Award amount by: $ (185,885) $ 1,615 Total development costs exceed NSP award, FCI and lead grant Sales (average sale price of $100,000) 600,000 Developer Fee from Proceeds $ 97,439 TOTAL NSP SUBSIDY AMOUNT $ 17,500 Real Estate Commission $ 36,000 Estimated Proceeds to be returned to the city $ 428,617 Uses of Funds During Acquisition and Rehab Program Costs Budgeted Cost for One Acquisition (Hard Cost) Home Acquisition Cost $ 55,000 Closing Costs and Fees $ - SUBTOTAL $ 55,000 Rehabilitation (Hard Cost) Total Construction Costs $ 58,000 Construction Loan Fees/Interest $ 2,000 Construction Contingency $ 5,800 SUBTOTAL $ 65,800 Housing Management (Soft Costs) 9 months estimated Insurance $ 750 Maintenance (lawn & snow) $ 900 Utility Bills $ 1,125 Pro rated share of Real Estate Taxes $ 1,102 Energy Audit $ 400 Appraisal_ Pre Rehab $ 350 Appraisal_ Post Rehab $ 350 Lead and Environmental Assessments $ 400 Lead Clearance Test $ 400 Conditions Inspection-Pre Purchase $ 300 Conditions Inspection-Post Rehab $ 300 SUBTOTAL $ 6,377 TOTAL COST PER HOUSE $ 127,177 Developer Fee per House (paid from proceeds)=Rehab $ 15,897 Developer Fee per House (paid from proceeds)=New $ 17,952 Exhibit C. NSP Project Approval Request Form See the Neighborhood Stabilization Project Feasibility Analysis Template and instruction manual in the NSP toolkit. To be completed for each project. POLICE DEPARTMENT MEMORANDUM June 20, 2011 TO: City Council FROM: Fire Chief Jim Jensen & Police Chief Dave Moore SUBJECT: Public Safety Radios Executive Summary Three separate public safety radio system issues have emerged requiring an upgrade of the system: 1. The Federal Communications Commission (FCC) requirement that public safety radio frequencies be narrow banded by 1/1/2013. 2. Upgrades to the current radio system infrastructure (transmit and receiver sites) in preparation for Rock County to take over maintenance responsibilities. 3. Replacement of the existing transmit site on Winchester Drive with a new site located on the water tower. The estimated cost of these improvements is $800,000 and we would like the City Council’s authorization to proceed with these improvements in order to meet the 1/1/2013 deadline for narrow banding; and have the City Council express their intent to include $800,000 in a future note issue to fund these improvements. Staff Recommendation The Police Chief and Fire Chief recommend that the City Council authorize proceeding with the identified upgrades to the public safety communication system and express their intent to include $800,000 in a future note issue to fund these improvements. City Manager Recommendation The City Manager recommends approval. The City has been actively working with Rock County and other entities to ensure that we collectively upgrade our public safety communication system to meet new FCC requirements. The $800,000 cost will be the share to upgrade the public safety communication system. There will be some additional costs over the next 18 months to additionally upgrade other departments’ radio systems in the City. Analysis Issue 1 – The Federal Communication Commission (FCC) has required the narrow banding of public safety radio frequencies effective 1/1/2013. Narrow banding limits the effectiveness of radio systems if we continue to use an analog system. Accordingly, remaining with an analog radio system would cause inadequate radio coverage resulting in safety issues for police officers, fire personnel and the public we serve. To continue proper radio coverage all police and fire frequencies will need to change to a digital system. Moving to a digital system requires the purchase of new mobile (in vehicle) radios and new portable (on the person) radios. The cost of these improvements total $549,584 and include:  Police - Purchase 21 digital mobile radios, 124 digital portable radios, carrying cases and programming. ($243,691)  Fire – Purchase 54 digital mobile radios, 70 digital portable radios, carrying cases and programming. ($305,893) Also, the radio infrastructure (transmit and receiver sites) will need to switch to a digital format. Fortunately, Rock County has agreed to assume this cost of $277,370. Issue 2 – With the transition to a digital radio system, Rock County has agreed to accept and maintain the police department’s radio infrastructure. Currently, the police department maintains the infrastructure, transmit and receiver sites that sends radio transmissions to the 911 center via a telephone line. The annual cost to the City of Janesville for the maintenance of this equipment is $24,368. This transfer of the police radio infrastructure to the County is a provision that the City has suggested for many years. In addition to the ongoing savings to the city for maintenance and updates, the transfer will provide for a system that is integrated to the larger public safety radio system and allow better identification of problems, when they arise. Rock County has agreed to accept the police department’s radio system with the caveat that it be in good working order prior to the transfer. To update the system, three receiver sites need to be moved, one back up radio transmitter needs to be moved and the base station in the police department needs modification. The cost of these improvements is $35,349.50 and includes:  Move police department receiver site from the airport utility building to the airport tower. The move will provide for better coverage on the southwest side of Janesville and allow a microwave radio relay system to the transmit site. ($19,961.00)  Move the police department receiver site from the Youth Sports Center to St. Mary’s Hospital. To attain a microwave radio relay system at the Youth Sports Center a tower would need to be erected. Moving to the St. Mary’s Hospital site removes the need for the tower and increases radio coverage. Further, the St. Mary’s Hospital site offers a better environment for the radio equipment including a back-up generator. ($3,801.00)  Move the police department receiver site from Jefferson School to the Rock County Sheriff’s Department tower at Highway 14 and Highway 51. To attain a microwave radio relay system at the Jefferson School site, a tower would need to be erected. Moving to the Sheriff’s Department site removes the need for the tower and increases radio coverage. Further, the Sheriff’s Department site offers a better environment for the radio equipment including a back-up generator. ($3,326.00)  Police department radio console update. The update will allow digital radio communication from the shift commander’s office at the police department. ($3,442.50)  Move secondary (TAC) repeater radio channel from municipal building to water tower. The move will provide better radio coverage for the secondary radio channel. ($4,819.00) Issue 3 – The transmit site on Winchester Drive is well beyond its expected life cycle. The tower and small building that houses the transmit radios and generator have been at this site since at least the early 1970’s. Both have been in need of replacement for many years. We delayed any improvements at this site knowing that the new water tower site would be a superior location and that the Winchester neighborhood was told many years ago that after the expected life cycle of the tower, it would be removed. With the upgrade to the digital radio system, the time is appropriate to move from the Winchester site to the new water tower. The cost for this improvement is $176,739 and includes:  Move primary police radio transmit site from the Winchester site to the water tower site. This includes moving and connecting existing radios, install antennas, construct a 10’ x 24’ building with Uninterrupted Power Source (UPS), stand by generator and related site improvements In addition to the estimated project costs we would recommend including a contingency of 5% for unanticipated expenses ($38,327.50) bringing the total cost of the project to $800,000. Once completed, public safety should experience efficient radio communication for the next 10 years. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services City Manager’s Office Memorandum June 20, 2011 TO: City Council FROM: Eric J. Levitt, City Manager SUBJECT: Action on Proposed Council Policy Statement #88 – City Council Code of Conduct. Summary: The City Manager is requesting Council consideration and possible action on the attached proposed Council Policy Statement #88, which proposes a City Council Code of Conduct. This policy proposal was requested by Council President Brunner and Councilmember Voskuil. Background: In March of 2011, the City Attorney researched other cities’ policies that contained both Ethics policies and City Council Codes of Conduct. Many cities in both the State of Wisconsin and other states have established City Council Codes of Conducts. In reviewing the proposed policy, the City Council will see that the proposed policy includes topics such as:  Responsibilities of City Council members.  Conduct of Officials.  Performance of Duties and preparation for Council meetings.  Council conduct during public meetings.  Conflict of Interest Statement  State law regarding the accepting of gifts.  Confidentiality of information.  Policy role of members.  Prohibitions of certain conduct including harassment. City Manager Recommendation: The City Manager is looking for City Council input on the proposed Council Code of Conduct. I believe that a policy such as Council Code of Conduct is a good tool for future City Councils and will continue to be a living document. th If the City Council wishes to approve the proposed policy or an amended policy on June 27, it is scheduled for action by approving proposed Council Policy #88. Attachment:  Proposed Council Policy #88 CITY OF JANESVILLE Policy No. 88 Page 1 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council Code of Conduct Cancellation Date: Supersedes No. PURPOSE: It is the policy of the City of Janesville to uphold and promote ethical conduct from the elected and appointed public officials. The city council recognizes the importance of establishing the ethical principles, rules, and laws that guide elected officials and members of appointed boards, commissions, and committees, herein referred to as public officials. STATEMENT OF POLICY: Public officials are to maintain the highest standards of personal conduct, integrity, truthfulness, and fairness in carrying out their public duties. Responsibility of Public Office: The primary goal of public officials is working for the common good of the City of Janesville and in the public’s best interest. Compliance with Law: Public officials are agents of the public purpose and are therefore obligated to uphold the laws of the nation, state, county, and city. Conduct of Officials: The conduct of public officials shall be above reproach and avoid the appearance of impropriety. Public officials shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or actions of other council members or of members of boards, commissions, committees, city staff, or the public. Performance of Duties: Public officials shall perform their duties with diligence and in accordance with the rules of order established by the city council, board, commission, or committee conducting the meeting for the deliberation of public policy issues, and implementation of policy decisions of the city council by city staff. The involvement by citizens or citizen opinion regarding public policy issues shall be meaningful and fully considered. Public Meetings: (1) Public officials shall prepare for meetings to conduct the business of the City of Janesville in a meaningful manner regarding the public issues to be debated. Public officials will listen courteously and attentively to all public discussion before the body and focus on the business being conducted. (2) Public officials shall refrain from interrupting other speakers, making personal comments not related to the public discussion or otherwise interfere with the orderly conduct of the meeting. CITY OF JANESVILLE Policy No. 88 Page 2 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council Code of Conduct Cancellation Date: Supersedes No. (3) Electronic devices (cell phones, I-pads, smart phones, etc, et. al.) shall be set aside, silenced or turned off so as to not interfere, distract, or disrupt the conduct of the public meeting. (4) Should a city council member or other public official because of an emergency or urgent need be required to use their cell phone or other electronic device during the meeting the council member or public official will excuse themselves from the dais or meeting and go to an adjacent room or area to use the device so as to not interfere, distract, or disrupt the conduct of the meeting. Deliberations and Decisions: Public officials will base their decisions on the merits and substance of the business or public policy at hand. Communication: Public officials shall publicly share with the body substantive information that is relevant to the matter under consideration by the council, board, commission, or committee, which the public official received from sources outside the public decision-making process. Conflict of Interest: Public officials should remove themselves from debate and deliberation on matters of public interest should they have a material financial interest or personal relationship, which may give the appearance of or be a direct conflict of interest. Public officials should avoid action, whether or not specifically prohibited, which may result or create the appearance of direct conflict of interest. Gifts, Gratuities, and Favors: (1) Public officials shall comply with the requirements of Section 19.59(1)(a)(b), WI Statutes relating to the acceptance and reporting of gifts, gratuities, and favors. (2) No public official shall accept anything of value, whether in the form of gift, service, loan, or promise from any person which may tend to influence his/her independence of judgment or action in the performance of their duties or grant in the discharge of their duties any improper favor or service of value. Confidentiality of Information: (1) Public officials shall not disclose to anyone any information concerning city property, personnel, litigation, or proceedings of the city, other than public information or with legal authorization that was obtained as a result of : CITY OF JANESVILLE Policy No. 88 Page 3 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council Code of Conduct Cancellation Date: Supersedes No. their positions with the city. This shall not be construed to limit, hinder, or prevent the divulgence or use of information in the performance of official duties, but shall prohibit the use of or providing information that would place the official or recipient in a vantage position over the general public and thereby constitute a violation of public trust. (2) Information obtained in closed session of the city council shall be confidential until such time as that information is legally allowed or required to be made public. (3) Confidential information shall include, but not be limited to, any written information which is not subject to disclosure as provided in Wisconsin’s Public Records Laws. Use of Public Resources: (1) The use of city facilities, equipment, vehicles, supplies, on- duty personnel, or other goods or services is limited to city business. Public resources may not be used except on the same basis that the resources otherwise would be available to the general public. Rental or usage fees may not be waived except in accordance with city policy. (2) A public official may use the city’s name, letterhead, logo, or seal only when it is used representing the City of Janesville or the body as a whole and only with the prior consent of the council. (3) A public official shall not utilize the city’s name, letterhead, logo, or seal for the purpose of endorsing any political candidate, business, commercial product, or service. Representative of Private Interests: City council members shall not appear on behalf of the private interests of third parties before the council or any board, commission, committee, or proceeding of the city. Public officials of boards, commissions, and committees shall not appear before their own bodies or before the city council on behalf of the private interest of third parties on matters related to the areas of service or their board, commission, or committee. Advocacy: Public officials shall represent the official policies and positions of the city council, board, commission, or committee to the best of their ability when designated as delegates for this purpose. Public officials when representing their personal opinions CITY OF JANESVILLE Policy No. 88 Page 4 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council Code of Conduct Cancellation Date: Supersedes No. and positions shall state that they are not representing the City of Janesville, city council, board, commission, or committee but expressing their personal view. Policy Role of Members: Public officials shall adhere to the Council-Manager form of government as set forth in the City Charter and Council Policy with respect to the city manager’s relationship with the city council. The city council determines the policies of the city with advice, information, and analysis provided by the public, boards, commissions, committees, and city staff. Except as provided by city ordinance, council members shall not interfere with the administrative functions of the city or the professional duties of city staff or impair the ability of staff to implement council policy decisions. Independence of Boards, Commissions, and Committees: The independent recommendations of boards, commissions, and committees to the public decision making process is recognized as valuable and significant. Council members shall refrain from unduly influencing the deliberations or recommendations of board, commission, and committee proceedings. Harassment: Public officials shall avoid offensive or inappropriate harassing behavior. Should there be complaints of harassment such complaints will be promptly and carefully investigated in accordance with the City of Janesville Harassment Policy. Positive Work Place Environment: Public officials shall support the maintenance of a positive and constructive work place environment for city employees and for citizens conducting business with the city. City Attorney to Render Opinion on Request: Public officials subject to this policy, if in doubt to the proper interpretation or application of the Code of Conduct or Ethics law may submit to the city attorney a written statement of facts and questions. The city attorney will then render a written opinion to the official and shall publish the opinion without use of the name of the official advised unless such official permits the use of their name. Implementation: (1) The Code of Conduct for the City of Janesville is intended to be self-enforcing. Ethical standards shall be included in the orientation for candidates for city council, newly elected officials and appointed members to boards, commissions, and committees. CITY OF JANESVILLE Policy No. 88 Page 5 of 5 CITY COUNCIL POLICY STATEMENT Date Issued General Subject: Administration Effective Date: Specific Subject: City Council Code of Conduct Cancellation Date: Supersedes No. (2) Public officials entering office will be provided a statement certifying they have read and understand the Code of Conduct (signing the statement is optional). (3) The Code of Conduct City Council Policy shall be reviewed and updated as necessary in November/December of odd-numbered years. Attachments: Chapter 19.41 to 19.59 WI Statutes Wisconsin’s Ethics Laws – Recognizing and Avoiding Conflicts of Interest League of Wisconsin Municipalities Recognizing & Avoiding Conflicts of Interest League of Wisconsin Municipalities ÷Ð×ÙÈÊÍÎÓÙÊ×ÌÊÍØÇÙÈÓÍÎÍÖ ÓÉéÈÛÈÉØÛÈÛÚÛÉ×ÙÇÊÊ×ÎÈÈÔÊÍÇÕÔ åÓÉûÙÈÛÎØûÌÊÓÐ çÌØÛÈ×Ø åÓÉéÈÛÈÉøÛÈÛÚÛÉ× ÛÎÃÖÍÊÖ×ÓÈÇÊ×Ê×ÙÍÆ×Ê×ØÈÍÕ×ÈÔ×ÊÅÓÈÔÊ×ÛÉÍÎÛÚÐ×ÙÍÉÈÉÈÍÈÔ×³ûÎÃÈÔÓÎÕÍÖÆÛÐÇ×¥Ï×ÛÎÉÛÎÃÏÍÎ×ÃÍÊÌÊÍÌ×ÊÈÃÖÛÆÍÊ ÉÈÛÈ×ÛÎØÓÎÛÙÈÓÍÎÉÚÊÍÇÕÔÈÚÃÈÔ×ØÓÉÈÊÓÙÈÛÈÈÍÊÎ×ÃÈÔ×ÙÍÇÊÈÉÔÛÐÐÉ×ÊÆÓÙ×ÌÛÃÏ×ÎÈÛØÆÛÎÙ×ÖÍÊÚ×ÛÊÛÎÙ×ÐÍÛÎÍÊÌÊÍÏÓÉ×ÍÖÖÇÈÇÊ× ÛÅÛÊØÛÎÃÖÍÊÖ×ÓÈÇÊ×Ê×ÙÍÆ×Ê×ØÈÍÕ×ÈÔ×ÊÅÓÈÔÊ×ÛÉÍÎÛÚÐ×ÙÍÉÈÉÈÍ×ÏÌÐÍÃÏ×ÎÈÚÇÈØÍ×ÉÎÍÈÓÎÙÐÇØ×ÙÍÏÌ×ÎÉÛÈÓÍÎÛÎØ×ÄÌ×ÎÉ×É ÈÔ×ÙÍÇÎÈÃÌÛÓØÚÃÈÔ×ÉÈÛÈ×Ö××ÉÛÎØ×ÄÌ×ÎÉ×ÉÅÔÓÙÔÛÊ×Ì×ÊÏÓÈÈ×ØÛÎØ Ê×ÌÍÊÈ×ØÇÎØ×ÊÉÌÍÐÓÈÓÙÛÐÙÍÎÈÊÓÚÇÈÓÍÎÉÅÔÓÙÔÛÊ×Ê×ÌÍÊÈ×Ø ôÓÉÈÍÊÃ Ù Û É ØÛÛ ÇÎØ×ÊÙÔÍÊÔÍÉÌÓÈÛÐÓÈÃ×ÄÈ×ÎØ×ØÖÍÊÛÌÇÊÌÍÉ×ÇÎÊ×ÐÛÈ×ØÈÍ ûÌÛÊÈÃÉ××ÑÓÎÕÖ××ÉÇÎØ×ÊÉÇÚ ÏÇÉÈÉÔÍÅÈÔÛÈÈÔ×ÌÊÍÉ×ÙÇÈÓÍÎÍÖÛÎÛÙÈÓÍÎ ÙÍÇÐØÊ×ÛÉÍÎÛÚÐÃÚ×Ê×ÕÛÊØ×ØÛÉÎ×Ù×ÉÉÛÊÃÈÍÍÚÈÛÓÎÈÔ×ÓÎÖÍÊÏÛÈÓÍÎÛÎØÈÔÛÈÛ³ÙÛÇÉÛÐ 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ÅÛÉÎÍÈ ÓÎ×ÖÖ×ÙÈÍÎûÌÊÓÐ ÛÎØÓÉÎÍÈÓÎÙÐÇØ×ØÓÎÈÔÓÉÇÌØÛÈ×é××ÍÊØ×ÊØÛÈ×ØïÛÊÙÔ ÓÎøÛÎ×ùÍÇÎÈÃùÓÊÙÇÓÈùÍÇÊÈùÛÉ× îÍùæ éÈÛÈÇÈÍÊÃÙÔÛÎÕ×É×ÖÖ×ÙÈÓÆ×ÍÎÍÊÌÊÓÍÊÈÍÛÊ×ÌÊÓÎÈ×ØÛÉÓÖÙÇÊÊ×ÎÈÐÃÓÎ×ÖÖ×ÙÈéÈÛÈÇÈÍÊÃÙÔÛÎÕ×É×ÖÖ×ÙÈÓÆ× ÛÖÈ×ÊÛÊ×Ø×ÉÓÕÎÛÈ×ØÚÃîíè÷éé××ûÊ×èÔ×éÈÛÈÇÈ×ÉÍÎÈÔÓÉå×ÚÉÓÈ×íÖÖÓÙÓÛÐý WISCONSIN'S ETHICS LAWS RECOGNIZING AND AVOIDING CONFLICTS OF INTEREST 2011NEW OFFICIALS WORKSHOP Claire Silverman, Legal Counsel Daniel Olson, Assistant Legal Counsel League of Wisconsin Municipalities Ph. 800-991-5502 I.Introduction Coverage. A. This outline provides an overview of state laws that guide the actions of municipal officials when those officials (or a member of their family or an organization with which they are associated) have a financial or other special interest in a governmental matter. In particular, this outline provides an overview of the state ethics code applicable to local officials, the statute governing private interests in public contracts, statutory provisions defining official misconduct, and the compatibility doctrine. B.Identifying Potential Conflict Situations. The state statutes contain minimum standards of ethical conduct by local government officials. The statutes relating to ethics and conflicts of interest are interrelated and can be quite complicated. Problems in this area can be avoided primarily by using common sense and applying the "smell test." Stated broadly, when an official, a member of the official's family or a business organization with whom the official is associated is involved in a municipal matter, the official needs to step back and question whether there are problems concerning his or her involvement in the matter. The official may want to discuss the situation with the municipal attorney. Local officials may also contact the League's attorneys to discuss ethics issues. Many times it might not be clear whether a conflict, as defined by state law, exists. In these gray areas, the official needs to balance the benefits of involvement (e.g., representing the electors, using the official's expertise) against the drawbacks (e.g., how it would look, the risk of violating a law). Sometimes, even if it may be legal to act on a matter, you may not feel comfortable doing so or it may not look good to do so. II. STATE CODE OF ETHICS FOR LOCAL GOVERNMENT OFFICIALS (Sec. 19.59, Stats.) Background. A.The state code of ethics for local officials was created in the 1991 legislative session and took effect in 1992. The law applies to "local governmental units," including counties, cities, villages and towns, as well as special purpose districts, such as town sanitary districts. Sec. 19.42(7u), Stats. The law also covers joint bodies and subunits of local governmental units. ï Municipal Officials Affected. B.The state ethics code applies to "local public officials" who hold "local public office." Sec. 19.42(7w) and (7x), Stats. 1.“Local public office" includes elected municipal officers; city and village managers, appointed municipal officers and employees who serve for a specified term; and officers and employees appointed by the governing body or executive or administrative head who serve at the pleasure of the appointing authority. 2.The term does not include independent contractors and persons who perform only ministerial (i.e., non-discretionary) tasks, such as clerical workers. In addition, the term omits officials and employees who are appointed for indefinite terms and are only removable for cause, such as police chiefs and fire chiefs. Prohibited Conduct. C. The state ethics law for local officials, sec. 19.59, Stats., prohibits the following conduct: Use of Office for Private Gain. 1.Public officials are prohibited from using their offices to obtain financial gain or anything of substantial value for the private benefit ofthemselves, their immediate families, or organizations with which they are associated. Sec. 19.59(l)(a), Stats. 3. Offering or Receiving Anything of Value. 2.No person may give and no public official may receive "anything of value" if it could reasonably be expected to influence the local public official's vote, official action or judgment, or could reasonably be considered as areward for any official action or inaction. Sec. 19.59(l)(b), Stats. Note: This outline does not cover sec 19.59(1)(br). That section was created as part ofa largerlaw aimed at campaign finance reform but the courts held the law was unconstitutional, and thatparticular section was held to be unseverable from the larger law. See Wisconsin Right to Life,Inc. v. Schober, 366 F.3d 485 (ih Cir. 2004) and Wisconsin Realtors Ass'n v. Ponto, 233 F. Supp. 2d 1078 (W.D. Wis. 2002) Taking Action Affecting a Matter in Which Official Has Financial Interest. 3. Localofficials may not take official action substantially affecting a matter in which the official,an immediate family member, or an organization with which the official is associated hasa substantial financial interest. Nor mayan official use his or her office in a way thatproduces or assists in the production of a substantial benefit for the official, immediatefamily member or organization with which the official is associated. Sec. 19.59(1)(c), Stats. a.Exceptions. The prohibitions under no. 3 above do not prohibit local officials from taking lawful actions concerning payments for employee salaries, benefits, or expensereimbursements. The above prohibitions also do not prohibit local officials from taking action "to modify" an ordinance. Sec. 19.59(1)(d), Stats. The State of Wisconsin Ethics Board guidelines suggestedthat local officials can take action in situations where they are part of a similarly situated class of interests andtheir interest is not significantly greater or less than other members î of that class orwhere the law will have general application (eg., like an ordinance). See attachedEthics Board Guideline 232, Mitigating Conflicting Interests.The Ethics Board wasrecently made a division of the new Government Accountability Board. Definitions: D. 1."Immediate Family" means an official's spouse or relative by marriage, lineal descent oradoption who receives, directly or indirectly, more than one-half of his or her supportfrom the official or contributes, directly or indirectly, that amount for the official's support. Sec. 19.42(7), Stats. 2."Organization" is broadly defined to cover "any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual or body politic." 3."Associated" with an Organization. An official is "associated" with an organization forpurposes of the state ethics law when the individual or a member of the individual's immediate family is an officer, director or trustee, or owns at least 10% of theorganization. An individual is not associated with an organization merely because theindividual is a member or employee of an organization or business. Sec. 19.42(2), Stats. 4."Anything of value" means any money or property, favor, service, payment, advance,forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the state, fees and expenses which are permitted and reported unders. 19.56, political contributions which are reported under ch. 11, or hospitality extendedfor a purpose unrelated to state business by a person other than an organization. Sec. 19.42(1). Abstaining from Official Action. E. The Wisconsin Board of Ethics (which was recently made a division in the Government Accountability Board)suggestedthat when a matter in which a local official should not participate comes before a board, commission or other body which the official is a member, the official should leave that portion of the body's meeting involving discussion, deliberations, or votes related to the matter. When, because ofa potential conflict of interest, an official withdraws from the body's discussion, deliberation, and vote, the body's minutes should reflect the absence. Local Ordinances. F. Municipalities can adopt ethics ordinances that: require disclosure of economic interests establish ethics boards prescribe standards of conduct establish forfeitures not exceeding $1,000 í Ethics Advisory Opinions. G. Local officials may request advisory ethics opinions from the municipal ethics board or, if there is none, from the municipal attorney. Effect of Opinion. The local ethics board or attorney may issue a written advisory o opinion. If the official follows the advice in the opinion, it is evidence of intent to comply with the law. Penalties & Enforcement. H.Any person who violates the state ethics law may be required to forfeit up to $1,000. The law is enforced by the district attorney. Interpretation. I.The state code of ethics for local officials has not been interpreted in any published court decisions. However, the Wisconsin Ethics Board (now part of the Government Accountability Board) issued the following guidelines. Participating in General Policy Decisions. 1.The Wisconsin Ethics Board has advised that an official may participate in an action in which he or she has a personal interest aslong as: (a) the action affects a class of similarly-situated interests; (b) the interest of the official, an immediate family member an organization with which the official is associated not significant when compared to other members of the class; and (c) the effectof the action on the interests of the official, an immediate family member an organization with which the official is associated not significant when compared to other members ofthe class. Receipt of Goods & Services. 2.Under the state ethics code, local officials may receive:(a) items and services that are unrelated to their public service; (b) payment orreimbursement for costs relating to their work as public officials; and c) items of insubstantial value. Under the state ethics code, local officials may not: (a) receive items orservices offered because of their public position, unless the value of such items or services is insubstantial; (b) receive items or services that could reasonably be expected to influence their judgment or could reasonably be considered a reward for official action or inaction. See Wisconsin Ethics Board Guideline Eth 219 (attached). Seminars & Conferences. 3.Generally, officials attending such functions may accept the meals and refreshments provided or approved by the event's organizer and approved by the local governmental unit. An official should generally not accept food, drink orentertainment offered outside of the conference or activities at hospitality suites,receptions or similar activities. III. PRIVATE INTERESTS IN PUBLIC CONTRACTS (Section 946.13, Stats.) General Prohibition. A.To protect against self dealing by public officials, sec. 946.13, Stats.,generally prohibits municipal officials from having a private financial interest in a publiccontract. Thus, local governing body members are generally prohibited from entering into acontract for goods, services, construction or employment with the municipality. ì Prohibition Against Official Action. 1.A public official may not participate in the making of a contract in his or her official capacity if the official has a direct or indirect financial interest in the contract. Sec. 946.13(1)(b). Since this is a prohibition on official action, abstaining from voting on the contract will prevent violation. Prohibition Against Private Action. 2.A publicofficial may not in his or her private capacity negotiate or bid for or enter into a contract in which the public official has a direct or indirect financial interest if the official is "authorized or required by law to participate in his capacity as suchofficer or employee in the making of that contract." Sec. 946.13(l)(a). This latter provision is a prohibition on private action and a public official cannot avoidviolating it merely by abstaining from voting because all that is necessary for a violation to occur is that the official be authorized to vote on or exercise discretion with regard to acontract in which the official has a private financial interest and the official has negotiated, bid for, or entered into the contract. 3.Exceptions: a.$15,000. Contracts inwhich receipts and disbursements do not, in the aggregate, exceed $15,000 in anyone year. This means that a municipal governing body member can enter into a total of $15,000 in business with the municipality in any calendar year. Note: Since the law refers to payments and disbursements in any year,if amounts in excess of $15,000 are involved, payments may be spread out over more than one year to avoid violating the law. b.Bankers. Bankers who receive less than $10,000 per year for serving on the city council or village board are exempted, unless the banker's compensation is directly dependent on procuring public business. c.Attorneys. Partners in a law firm that serves as legal counsel to the municipality whoreceive less than $10,000 per year for serving on the city councilor village board areexempted, unless the individual has an interest in the law firm greater than 2% of itsnet profit or loss; the individual participates in the making of a contract between themunicipality and the law firm; or the individual's compensation from the law firm isdirectly dependent on procuring public business. d.2% of stock. There is an exception from sub. (l)(b), the prohibition on official action, for persons who own no more than 2% of the stock of the corporation involved. 4.Penalty: Violation of the statute is a Class E felony and subjects the person to a fine of not more than $10,000, imprisonment for not more than 2 years, or both. ë IV.INCOMPATIBILITY DOCTRINE. ommon law Prohibition. A. CThe same person cannot hold two offices or an office and a position where one post is superior to the other or where, from a public policy perspective, itis improper for one person to discharge the duties of both posts. For example, in Otradovec v.City of Green Bay, 118 Wis.2d 393 (Ct. App. 1984), the court held that a common councilmember could not work as assistant appraiser in the city assessor's office. Result. 1.Ifa second office is taken that is incompatible with an existing office, the firstoffice is vacated. Inthe case of office/position incompatibility, the outcome is unclear –person runs risk of losing first post, but court might allow choice. General Rule of Thumb: 2.Municipal governing body members may not hold other municipal offices or positions, unless specifically authorized by statute. This is because the governing body exercises control over such matters as the salaries, duties, and removal or discipline of most other municipal officers and employee. 3.Statutory Exception. Elected city, village and town officers can also serve as volunteer firefighters, EMTs or first responders when annual compensation from one or more ofthose positions, including fringe benefits, does not exceed $15,000. Sec. 66.0501(4). 5 Related Statutory Provisions. 1.Section 66.0501(2) generally prohibits governing body members from taking municipal jobs. Under the statute: a.Governing body members are prohibited, during the term for which the member iselected, from taking new municipal jobs created during their term of office even if they resign. b.A governing body member may be appointed to an office or position which was not created during the member's term in office as long as the member resigns first. c.Governing body members may run at any time for new or existing elective office, but the compatibility doctrine applies if elected and the official would be required tochoose between the two offices. Individuals may run for two elected local offices at the same time. Sec. 8.03(2m). d.Governing body members may be appointed to serve onlocal boards and commissions (e.g., library board, police and fire commission and plan commission) where no additional remuneration is paid to such officers except that such officersmay be paid a per diem if other members of the board or commission are paid a perdiem. ê 2.Section 59.1 0(4), Stats., provides that municipal governing body members may serve as county board supervisors. V.OTHER STATUTORY PROHIBITIONS Misconduct in Office. A.Section 946.12 is a criminal statue that prohibits public officers and employees from intentionally performing, or refusing to perform, certain acts. A violation ofsec. 946.12 is punishable by up to two years in prison, a fine of up to $10,000, or both. 1.Section 946.12(1) prohibits a public official from intentionally failing or refusing to perform a "known mandatory, nondiscretionary, ministerial duty of his office or employment within the time or in the manner required by law." 2.Section 946.12(2) prohibits a public official from doing an act which he or she knows is forbidden by law to do in an official capacity. 3.Section 946.12(3) provides that a public official may not, by an act of commission oromission, exercise a discretionary power in a manner inconsistent with the duties of office or the rights of others, with an intent to obtain a dishonest advantage for himself or another. Bribery. B.Section 946.10(2) prohibits public officials from taking bribes. Section 12.11 prohibits public officials from promising an official appointment or anything of value tosecure votes. Sale to Employees Prohibited. C.No municipal department or member of a municipal governing body may sell or procure for sale any municipal article, material or product to cityor village employee; except meals, public services and special equipment necessary to protectthe employee's safety and health. Sec. 175.10. This statute is designed to prohibitgovernmental acquisition of products for resale to government employees. VI. A Final Word Ordinances and Common Law Rules Relating to Ethics. This outline focuses on state statutes that establish minimum standards of ethical conduct for public officials. These laws provide a good starting point for local officials seeking to assure themselves that they are actingappropriately. However, municipal officials should be mindful of other relevant laws governing ethical issues. These include ordinances, local rules of procedure and the common law (i.e., published comi decisions). For example, the Wisconsin Supreme Court has held that members of a legislative body or municipal board are disqualified to vote on propositions in which they have a direct pecuniary interest adverse to the municipality. Board ofSupervisors ofOconto County v. Hall, 47 Wis. 208(1879). Additionally, many municipalities have adoptedRobert's Rules of th Order (NewlyRevised, 10ed) as their local rules of procedure. Section 45of Robert's provides at p. 394: "No member shouldvote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization." é Wisconsin Government Accountability Board For state public officials ÜÃÃÐÃªÐ£ªø±ÃÃªÐÃªÉÃ` Ãª`Èk±Ã£ªÃÃ±ÃY In a representative democracy, the representatives are drawn from society and, therefore, cannot and should not be without all personal and economic interest in the decisions and policies of government. Standards of conduct for public officials need to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society and those conflicts which are substantial and material. 1 ACTINGINANOFFICIALCAPACITY M. AKING POLICY When a public official or a board, commission, or other body of which an official is a member is called upon to propose or to act on legislation to promulgate a rule or to issue a general policy, the official may participate in that action, even though the action will affect the official, a member of the official's immediate family, or an organization with which the official is associated, as long as: 2 The official's action affects a whole class of similarly-situated interests; Neither the official's interest, the interest of a member of the official's immediate family, nor the interest of a business or organization with which the official is associated is significant when compared to all affected interests in the class; AND The action's effect on the interests of the official, of a member of the official's immediate family, or of the related business or organization is neither significantly greater nor less than upon other members of the class. A. PPLYING POLICY A public official should not, in an official capacity, participate in or perform any discretionary action with respect to the making, grant, or imposition of an award, sanction, permit, license, grant, contract, offer of employment, or agreement in which the official or a member of the official's immediate family or a business or organization with which the official is associated has a substantial financial interest, direct or indirect.In addition, a 3 public official should not, in an official capacity, participate in a matter affecting a business or organization from which the official or a member of the official’s immediate family receives substantial compensation or income. 4 1 See comparable statement concerning state government officials at §19.45(1), . Wisconsin Statutes 2 "Associated", when used in connection with "business" or "organization" refers to a business or organization of which an individual or a member of the individual's household or immediate family is an officer, director, trustee, owner of a 10% or greater interest, or authorized representative. An individual is not associated with a business or organization merely because the individual is a member or employee. 3 §§19.45 (2) and 19.46 (1)), . Wisconsin Statutes 4 1994 Wis Eth Bd 5. This is a guide. For authoritative information consult Wisconsin Statutes. rd Prepared by the Wisconsin Government Accountability Board. 212 E. Washington Ave., 3 Madison, WI 53703 (608) 266-8005 GAB 1232 Website: http://gab.wi.gov Visit the Board’s website to ensure you have the most current version of this Guideline. HOWTOWITHDRAWFROMOFFICIALACTION When a matter in which a public official should not participate comes before the legislature, a board, commission, or other body of which the official is a member, the official should leave that portion of the body's meeting involving discussion, deliberations, or votes related to that matter and ask that the body's minutes reflect the absence. The body's remaining members may review the matter and take whatever action they find appropriate. ACTINGINAPRIVATECAPACITY A,,. PPLICATIONS BIDS AND CONTRACTSUsually, a public official should not, in a private capacity, apply, negotiate, bid for, or receive any award, sanction, permit, license, grant, con- tract, offer of employment, or agreement in which the official has a private financial interest, direct or indirect, if the official is authorized to perform in regard to it any governmental function requiring the exercise of discretion, even if the official does not participate in the governmental action or exert any influence on his or her own behalf. 5 R EPRESENTING CLIENTS. A public official should not, for compensation or on behalf of an employer, represent an individual, business, or organization before a board, commission, or other body of which an official is a member. The statutory code of ethics is not an obstacle to a local official's partner or business associate representing a client before such board, commission, or other body as long as the official is not financially interested in, and does not exercise control over, the representation. 6 5 With limited exceptions, §946.13, , makes it a felony for a governmental official to negotiate or bid for or enter into a Wisconsin Statutes contract in which the official has a private pecuniary interest if at the same time the official is to perform in regard to that authorized contract some official function requiring the exercise of discretion. As long as private activity is not otherwise prohibited, departure from the usual rule may be justified in an occasional, sporadic, or infrequent case such as an official’s action in a private capacity to protect or preserve a private interest of the official or the official’s family. 6 §19.45 (3), , prohibits an official to accept anything of value that could reasonably be expected to influence official Wisconsin Statutes action or judgment. The disqualification from official action that would be required of a government official who accepted pay for being an advocate before the very government body to which his or her office pertains is a clear, direct, and reasonably foreseen effect upon official action. See also §19.45 (7) which restricts representation before other state agencies. Wisconsin Government Accountability Board For county, city, village, town, school district and other local officials â£±£øøÃÃ±ÅÃ£øø££ËÃª´Ëø`£Ë `ÃËÈ Wisconsin law forbids a public official to use free or discounted transportation, traveling accommodation, or communication 1 services for which the supplier would usually charge [§946.11, Wisconsin Statutes; Art. 13, §11, Wisconsin Constitution], otherwise– local Consistent with the statutes administered by the Government Accountability Board, public officials may accept and retain: 2 .I. TEMS AND SERVICES UNRELATED TO PUBLIC POSITION a Food, drink, transportation, lodging, items, and services which are offered for a reason unrelated to the recipient's holding a public position [§ 19.59(1)(a)] and which could not reasonably be expected to influence an official’s vote, official actions or judgment, nor reasonably be considered a reward for any official action or inaction; .E XPENSES PROVIDED BY OR FOR THE BENEFIT OF THE LOCAL GOVERNMENTAL b . UNIT Food, drink, transportation, lodging, or payment or reimbursement of costs that are provided by or for the benefit of the local governmental unit, not for a private benefit; and .I. TEMS OF INSUBSTANTIAL VALUE c Mere tokens and items or services of only nominal, insignificant, or trivial value. 1 Consult local ordinances and other state law not administered by the Government Accountability Board for any additional restrictions. 2 "Local public officials" include: (a) elected officers of political subdivisions and special purpose districts of the state; (b) county administrators or administrative coordinators; (c) city or village managers; (d) individuals appointed to a position in a political subdivision or special purpose district for a specified term; and (e) individuals appointed to a position by the governing body, executive, or administrative head of a political subdivision or special purpose district and serving at the pleasure of the appointing authority. This is a guide. For authoritative information consult Wisconsin Statutes. Specific questions may be directed to your local governmental attorney or local ethic board. rd Prepared by the Wisconsin Government Accountability Board. 212 E. Washington Ave, 3 Floor,, Madison, WI 53703 (608) 266-8005 GAB 1219 Website: http://gab.wi.gov July 1992. Rev. 9/09. Wisconsin Government Accountability Board For county, city, village, town, school district and other local officials ÆÃª£ª±£±£øøÃÃ±ÅÃ£øø££Ë Ãª´Ëø`£Ë`ÃËÈ S TATUTORY RESTRAINTS local public officials should not Except as noted on the other side of the page, accept: 1.I. TEMS OR SERVICES OFFERED BECAUSE OF PUBLIC POSITION Any item or service, including food, drink, and travel, of more than nominal value offered because of the person's holding a public office [§ 19.59(1)(a)]; 2.I. TEMS THAT COULD INFLUENCE JUDGMENT Any item or service that could reasonably be expected to influence an official's vote, official actions or judgment [§19.59(1)(b)]; 3.R. EWARDS FOR OFFICIAL ACTION Any item or service that could reasonably be considered a reward for any official action or inaction [§19.59(1)(b)]; and 4. T. RANSPORTATION OR TRAVELING ACCOMMODATIONS Discounted transportation, traveling accommodations, or communication services for which the supplier would usually charge [§946.11; Art. 13, §11]. To analyze a situation in which you are offered items or services, ask yourself these questions: 1. With respect to the item or service offered: a. Is it being offered because of my public position? b. Is it of more than nominal or insignificant value? c. Is it primarily for my personal benefit rather than for the benefit of my local unit of government? "yes" If you answer to all three questions, you may not accept the item or service. 2. Would it be reasonable for someone to believe that the item or service is likely to influence my judgment or actions or that it is a reward for past action? "yes," If you answer you may not accept the item or service. If you have any doubts about a situation, seek advice from your local governmental attorney. League of Wisconsin Municipalities New Officials Workshop Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 By: Daniel M. Olson, Assistant Legal Counsel, October 31, 2002 Ethics & Conflict of Interest Rules frequent questions to League and clerical and ministerial As allegations of unlawful 5 positions. This means city legal counsel. conduct by state legislators council members, village rock the state Capitol we are Government Units and trustees, mayors, and village reminded of the public and Individuals Affected presidents are subject to the private trauma that occurs The state code applies to a code. City clerks, village when a public official violates 2 "local governmental unit" attorneys, city finance directors, the public trust of his or her which is defined to include a village directors of public public office. The political subdivision of the works, city zoning consequences of such acts are, state, an instrumentality or administrators, village building of course, personal to the corporation of such a political inspectors, and those holding official directly involved. subdivision or a combination or similar appointed positions may They are also more subunit of any such entity. This be subject to the code if they widespread as the public is means cities and villages are serve for a specified term or given more reason to be covered. It also means a city serve at the pleasure of the cynical and less trustful of all redevelopment authority or appointing authority. Police public officials. similar instrumentality or chiefs, assistant city attorneys, It thus seems an appropriate subunit of city or village deputy treasurers, or other time to offer an overview of government is covered. officials not appointed by the some of the important ethics governing body or the executive The state code also covers and other conflict of interest or administrative head of the "local public official," which is laws and rules that regulate local government are not defined as an individual holding the conduct of local officials covered by the state ethics code. 3 a local public office. The and employees. A few However, this gap in coverage definition of local public office hypothetical situations are 6 can be filled by local ordinance. includes elective offices; city included as a means to help and village managers; Prohibited Conduct local officials and employees appointive offices and positions recognize and avoid similar The state ethics code prohibits where the individual serves for problems in their local officials from engaging in a specified term, except communities. the following conduct: independent contractor 1) STATE CODE OF 1 positions and positions limited . Using their office to obtain ETHICS FOR LOCAL to the exercise of ministerial financial gain or anything of OFFICIALS, EMPLOYEES 4 action. The definition also substantial value for the private AND CANDIDATES includes appointive offices or benefit of themselves, their positions filled by the governing immediate families, or The state code of ethics for body or executive or organizations with which they 1 local government officials 7 administrative head where the are associated. went into effect on August 15, appointee serves at the pleasure 1991. It is therefore a The restriction on "using" an of the appointing authority, relatively recent set of rules office encompasses more than except independent contractors, and continues to generate voting. It prohibits a local 1 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 official from accepting any includes any money, property, organization with which the 12 item or service, including favor or service. The official is associated is food or drink, and travel, of Wisconsin Ethics Board significant when compared to more than nominal value, if it guidelines for local officials all affected interests in the is offered, because the official indicate that a local public class; and (c) the action's 8 holds public office. It would official may only accept items effect on the interests of the also prohibit an official from of insubstantial value such as official or of the related using information derived "mere tokens and items or business or organization is from holding office that is not services of only nominal, neither significantly greater available to the public. In insignificant, or trivial nor less than upon other 1315 short, officials may violate value."members of the class. the restriction on "using" their 3 . Taking official action The basic test, therefore, office even if they do not vote substantially affecting a matter appears to be whether the on a matter. in which the official, an action has a general impact on, An official is "associated" immediate family member, or or whether the action chiefly with an organization for an organization with which benefits, the official, a purposes of the state ethics the official is associated has a member of the official's law when the individual or a substantial financial interest or immediate family or an member of the individual's using his or her office in a organization with which the immediate family is an way that produces or assists in official is associated. Thus, a officer, director or trustee, or the production of a substantial public official should not owns at least ten percent of benefit for the official, participate in or perform any the organization. An immediate family member or discretionary act with respect individual is not associated organization with which the to making, granting, or 14 with an organization merely imposing an award, sanction, official is associated. because the individual is a permit, license, contract, offer State law does provide a member or employee of an of employment, agreement or limited exception to these 9 other matter in which the organization or business. restrictions. Section 19.59(1) official, a member of the The term "immediate family" (d), Stats., expressly exempts official's immediate family or means an official's spouse and lawful payments of salarys, a business or organization with family members who receive expenses, benefits, or which the official is associated reimbursements, or actions on more than one-half of their has a substantial financial support from the official or proposals to modify an interest or would gain a from whom the official ordinance. substantial benefit. receives more than one-half Also, Wisconsin Ethics Board 10 The Wisconsin Ethics Board of his or her support. guidelines and advisory guidelines for state officials 2 . Receiving "anything of opinions indicate that a local suggest that when a matter in value" if it could reasonably official may participate in an which a local official should be expected to influence the action that will affect the not participate comes before a local public official's vote, official or an organization body, which the official is a official action or judgment, or with which the official is member of, the official should could reasonably be associated when: (a) the leave that portion of the body's considered as a reward for official's action affects a meeting involving discussion, any official action or whole class of similarly- deliberations, or votes related 11 situated interests; (b) neither inaction. 16 to the matter. When, because the official's interest nor the The term "anything of value" of a potential conflict of interest of a business or interest, an official withdraws 2 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 from the body's discussion, verified complaint of any to a lesser violation. Have 19 deliberation, and vote, the person. If the district attorney you violated the state ethics body's minutes should reflect fails to commence an action code for local officials? within twenty days after the absence. Probably. The line between receiving such complaint or 4 . Giving, offering or being a parent and being a refuses to commence an promising to give, or public official is fuzzy at best action, the person making the withholding or offering or in this circumstance. Since complaint may petition the promising to withhold, his or dismissal or amendment of attorney general to act on the her vote or influence, or the underage drinking ticket 20 complaint. promising to take or refrain will provide a financial gain, from taking official action The ethics code provides for something of substantial with respect to any proposed civil and criminal penalties for value, or substantial benefit or pending matter in exchange its violation. A local official for a member of your for any other person making or immediate family, your call who intentionally violates any refraining from making a part of sec. 19.59, Stats., may to the city attorney could political contribution or be fined not less than $100 nor easily be construed as an providing or refraining from more than $5,000 or attempt to use the influence providing any thing of service imprisoned not more than one of your public office contrary or thing of value to or for the year in the county jail or to sec. 19.59(1)(a), or 19.59 21 benefit of a candidate, political both. In the alternative, a (1)(c)2., Stats. Even if your party, any other person who is civil forfeiture of up to $1,000 action does not violate the subject to registration under may be imposed against a local state ethics code, if the sec. 11.05, Stats., or any official for violating any part contact does produce a person making a of the state ethics code for favorable result, the 22 communication that contains a prosecutorial integrity of the local officials. reference to a clearly city attorney is severely Hypothetical Ethics Code identified local public official compromised. Any Problems holding an elective office or to favoritism by the city 1 . You are a member of the a candidate for local public attorney would call into 17 common council. Your 18- question all future office. year-old daughter who lives at prosecutions by him and Enforcement and Penalties home with you was arrested expose him and your Local officials may request last night for underage municipality to charges of advisory ethics opinions from drinking in your city and given selective prosecution. In their municipal ethics board a ticket with a fine of $96. She short, you should not make or, if there is none, from their is distraught and begging for the call even if you think it municipal attorney. The your help with the ticket does not violate the state municipal ethics board or because she thinks an ethics code. attorney may issue a written underage drinking conviction If the person who got the advisory opinion. If the will ruin her chances of getting ticket is not your daughter official follows the advice in into law school. She says she but the daughter of a friend, the opinion, it is evidence of was not drinking even though do you still have a problem intent to comply with the a breathalyzer result shows with sec. 19.59(1)(a), or 18 she was. You call the city law. 19.59(1)(c)1. Stats., if you attorney and tell him that you The state ethics code for local make the call? believe your daughter and you officials is enforced by the think the ticket should be No, unless the action local district attorney upon dismissed or at least amended produces a substantial direct 3 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 or indirect benefit (e.g.,You could if your village Yes. Assuming you do not campaign contribution, free policies are sufficiently specific provide one-half of your food at your friend's to permit it. However, the father's support or he does not restaurant, etc.) for you better practice is to pay for the provide one-half of yours, contrary to sec. 19.59(1)(c)1., meal yourself and advise the there is no violation of sec. Stats. Nonetheless, the firm that they can reimburse the 19.59(1)(c)1., Stats., or any problems regarding the village directly if it wishes. other provision of the state prosecutorial integrity of the ethics code if you participate 3 .You are a member of a city attorney noted above are in the matter. However, your common council. The still implicated and you local code may be more committee you serve on is should not make the call even restrictive and should be reviewing bids that the city has though it may not be a checked. In addition, you received from a number of violation of the state ethics should also consider the computer consulting firms. One code. public response even if your of the firms that has submitted local ethics code does permit 2 .You are a village trustee. a bid is owned by your spouse. your participation since many, While you and your spouse Can you participate in this if not most, people will are attending a conference for matter? question your ability to place local public officials, an No. If you participate, you will your public obligations over engineering consulting firm be violating the prohibition in your personal relationships. invites you and your spouse to sec, 19.59(1)(c)1., Stats., attend a dinner and offers to 4. You are a member of a against taking any official pay all costs. The written common council. The council action affecting a matter in policies established by your is considering plans and which you, a member of your village only authorize meal specifications for a major immediate family or an reimbursement for you. Meal street widening and repair organization with which you expenses for spouses or project and a resolution are associated has a substantial children traveling with an authorizing special financial interest. official are not covered. assessments to be levied At what point should you Should you let the firm pay for against abutting property withdraw from participation? you and your spouse? owners to pay for the project. Your home abuts the street You should excuse yourself No. A local public official that is going to be widened from participating in any should not accept an offer to and repaired. Should you discussion, deliberations or purchase a meal or other item participate in the matter when votes relating to the selection of unless, and only to the extent it comes before the council? a computer consultant for the that, the local government city. The best way to proceed would otherwise bear the The state ethics code would would be to remove yourself official's expense and the probably not prohibit you from the committee meeting governmental unit's obligation from participating in this before the bids are discussed, to bear the expense is matter even though the action reviewed and evaluated. Also, expressly authorized by, and affects you and your property. the minutes should reflect your in accordance with, This is because the action will absence. established written criteria. affect a whole class of similarly situated property If the firm is owned by your Can you pay the costs for your owners abutting the street father instead of your spouse, spouse and let the firm pay for project. can you participate in the yours without violating the matter without violating the state ethics code? If the proposed project will state ethics code? greatly improve the value of a 4 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 piece of commercial property can be impartial, you should simply when an official or you own but does not have a advise the applicant of the fact employee is authorized to similar effect on most of the that your father-in-law lives participate in its making. next door to the property and other properties, can you still Abstaining from voting will participate?determine whether the applicant not prevent a violation. has any objection to your No. The test for determining It is also important to note participation. whether you can participate is that a violation of sec. 946.13 not limited to the number of 2) PRIVATE FINANCIAL (1)(a), Stats., is not INTERESTS IN PUBLIC other persons affected but also automatically avoided if asks whether the impact of the CONTRACTS someone other than the action has a similar effect. official or employee Section 946.13, Stats., prohibits Under the ethics law, you may negotiates or bids for or public officials and employees vote on the project only if your enters into a contract in from having a private interest in interest is not significant which they have a private a public contract. Importantly, it relative to all the affected pecuniary interest. This is a strict liability statute and a persons and the action's effect position is reflected in the conviction requires no proof of on your property is neither following statement by the 23 This means criminal intent. significantly greater nor less Wisconsin attorney general: public officials and employees than upon other property "It is equally clear, however, must regularly review their owners abutting the street that the law [sec. 946.13(1), public and private connections project. Stats.] forbids a public to avoid inadvertent violations officer or employee from 5. You are a member of the of this law. accomplishing through an village plan commission. The Prohibited Conduct agent that which the law commission is considering a prohibits [the officer or Section 946.13(1), Stats., conditional use permit request employee] from doing prohibits a public official or by a person who owns 25 directly." This means that if employee from engaging in the property next door to your another person or entity is following conduct: father-in-law. Do you acting as agent for the public participate in the matter? 1 . In his or her private capacity, official or employee, then the negotiating or bidding for or If your father-in-law does not actions of that person or entering into a contract in which receive more than fifty percent entity will be deemed those the official or employee has a of his support from you and of the official or employee direct or indirect private you do not receive more than for purposes of sec. 946.13 pecuniary interest if the official fifty percent of your support (1), Stats. or employee is also authorized from him, then the state ethics Similarly, officials and or required by law to participate law would not preclude you employees should be mindful in his capacity as such officer or from voting on the zoning that violation of sec. 946.13 employee in the making of that change. However, the state and (1)(a), Stats., does not require 24 contract. federal constitutional that a contract actually be guarantees of due process This is the most significant executed. Negotiation or require administrative or prohibition in the pecuniary bidding for the contract is quasi-judicial decisions such interest statute since there is no enough to violate the as this to be made by an requirement that an official or restriction. impartial decision maker. If employee actually take any you cannot be impartial, then 2 . Participating in the making action in regard to the contract. you should not participate. of a municipal contract in his The statute imposes liability Even if you believe that you or her official capacity or 5 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 subjects the person to a fine of performing some function purposes of the contract. If so, not more than $10,000, requiring the exercise of any attempt by the firm to imprisonment for not more discretion in regards to a negotiate or bid for or enter 29 than two years, or both. A municipal contract if the into the water system contract conviction would also lead to official has a direct or indirect with the city is a violation by an automatic vacation of an financial interest in the you of sec. 946.13(1)(a), elective office since the 26 Stats. contract. official would be constitutionally and statutorily This restriction requires some What if you did not do any barred from holding public affirmative act such as a vote work on the contract? 30 office. or some other participation in If you did not do any work on the making or execution of the Hypothetical Pecuniary the contract, it is less likely contract before there is a Interest Statute Problems that the firm is acting as your violation. Accordingly, agent. 1. You are a member of the refraining from acting in all city council and are employed What if you were a senior official or authorized by a local engineering firm. partner in the firm but still did capacities on the contract will Your city has recently decided not do any work on the prevent violation. to solicit bids from qualified contract? Exceptions engineering firms for a study If being a senior partner of its municipal water system. There are a number of means you have a say in the The contract will pay $50,000. statutory exceptions to sec. management decisions of the You are not involved in any 27 946.13(1), Stats. Probably firm, your firm is probably management decisions at your the most important exception acting as your agent and sec. engineering firm but a major is for contracts in which any 946.13(1)(a), Stats., has portion of your work with the single public officer or probably been violated if the engineering firm is related to employee is privately firm submits a bid. the design and operation of interested that do not involve municipal water systems. In 2. You are a nominee for a receipts and disbursements by fact, you are the expert in position on a city's the state or its political your firm on municipal water redevelopment authority and subdivision aggregating more systems. Your firm intends to 28 the director of a local non- than $15,000 in any year. bid for the water system profit organization, which It is important to note that the contract with your city and received a $25,000 exceptions do not authorize you intend to do work on the development loan from the any particular behavior. They contract if it is awarded to authority one year ago. Can only remove the conduct from your firm. Do you have a you serve on the authority? the scope of sec. 946.13(1), problem with sec. 946.13(1), Yes. Since the loan was Stats. They do not immunize Stats.? negotiated, bid for, and the behavior from other There is no case law or legal entered into prior to applicable restrictions such as authority that provides a clear appointment to the the state ethics code for local answer. However, League redevelopment authority and officials, common law rules, legal staff believe there is before you had any authority or local ordinances and rules. probably sufficient evidence to participate as a public Enforcement and Penalties under these facts to suggest official in the making of the that the engineering firm is Violation of sec. 946.13, loan, there is no violation of acting as your agent for Stats., is a Class E felony and sec. 946.13(1), Stats. 6 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 However, if your organization where you have official Would you violate sec. 946.13 attempts to renegotiate the authority to act. (1), Stats., if you applied terms of the existing loan or before resigning but withdrew 4. You are a city council seeks a new loan while you your application before the member. The human serve on the authority, the city acted on it? resources director position statute would be violated. Yes. Section 946.13(1)(a), with the city will be vacant in Moreover, you cannot take the near future due to the Stats., prohibits a public any action regarding the retirement of the current official from merely current administration of the negotiating or bidding for a director. The position pays an existing loan while you serve contract in which the official annual salary of $50,000. Can on the authority. you apply for the position has a financial interest if the 3. You are a member of the official is authorized to before you resign from the village board. You also own city council? participate in his official the only hardware store in the capacity in the making of the No. Submission of an village. The village regularly contract. Here, you have application for employment is purchases supplies from the submitted a bid by applying a bid for a contract. Since the store. You always abstain for the position while being position will pay an annual from voting on bills and authorized to exercise official salary in excess of the sec. claims relating to your store. discretion with regard to the 946.13, Stats., limit of Last year total sales to the contract. This violates the $15,000, you must resign village amounted to $12,000. statute and it does not matter from the city council before Did you violate sec. 946.13 that you have withdrawn your you can apply for the position. (1), Stats., last year? application before it was acted You intend to resign from on. No. You are allowed to do a office before you submit your total of $15,000 worth of 3) Compatibility of Offices application. However, you business with the municipality and Positions know the mayor will nominate in a year. the new director to the city One of the most important This year, sales to the village council for approval and want common-law (court made) are approaching $17,000 rules regarding conflict of to talk to her about your dollars. Are you in violation options. Can you talk to the interest is the doctrine of of sec. 946.13(1), Stats., this mayor while you are still a incompatibility. This doctrine year? member of the city council recognizes a conflict of and let her know that you are interest in some situations Yes. The sales transaction that interested in the position? where a public official holds pushed you over the $15,000 two public offices or holds a limit of sec. 946.13(2)(a), No. Such discussion probably public position and a public Stats., constituted execution constitutes negotiation or 31 office. of an impermissible contract bidding for the employment under sec. 946.13(1)(a), Stats. and violates sec. 946.13(1)(a), A leading commentator on While abstention will protect Stats. The discussion with the municipal law states the basic you from violating the mayor may also be an concern associated with prohibition on official action improper use of your office conflicts in this context as on a contract where you have and be a violation of sec. follows: a financial interest, it will not 19.59(1)(a), Stats., of the state Public policy demands prevent you from violating the ethics code for local that an officeholder provision prohibiting private government officials. discharge his or her duties involvement in a contract 7 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 impartially, and with undivided loyalty. 33 of the official or employee. efficiently the duties of The doctrine of The incompatibility doctrine both offices, incompatibility is probably does not apply to an considerations of public intended to assure individual who holds a public policy render it improper performance of that position and provides a for an incumbent to retain quality. Its applicability service to a governmental both. Two offices or does not turn upon the entity as an independent positions are incompatible integrity of the person 34 contractor. The Wisconsin if there are many potential concerned or his or her supreme court has adopted the conflicts of interest individual capacity to following definition of an between the two, such as achieve impartiality, for independent contractor: salary negotiations, inquires of that kind supervision and control of would be too subtle to be An independent duties, and obligations to rewarding. The doctrine contractor is one who is the public to exercise applies inexorably if the employed to do a piece independent judgment. If offices come within it, no of work without the duties of the two matter how worthy the restriction as to the offices are such that when officer’s purpose or means to be employed, placed in one person they extraordinary his or her and who employs his 32 might disserve the public talent. own labor and interests, or if the undertakes to do the The Wisconsin Attorney respective offices might work in accordance with General cited approvingly in a or will conflict even on his own ideas or under formal opinion, 74 Op. Att’y rare occasions, it is plans furnished by the Gen. 50 (1985), a summary of sufficient to declare them person for whom the common law incompatibility legally incompatible. work is done, to produce principles discussed in 63A certain results required The commentator and Am. Jur. 2d Public Officers 35 by such person. attorney general statements and Employees §78 (1984): reveal a key principle of the The court has also explained Incompatibility is to be incompatibility doctrine. The that the “reservation by a found in the character of doctrine is not concerned with municipality of the privilege the offices and their actual evidence of disloyalty of inspecting and generally relation to each other, in or bias. Rather, supervising the work, and the subordination of the incompatibility is present if making changes in the plans, one to the other, and in the dual service creates any does not destroy or impair the the nature of the duties potential for a conflict over character of independent and functions, which 36 salary negotiations, contractor.” In addition, the attach to them. They are supervision and control of court advised that “whether generally considered duties or obligations to the one is an employee or an incompatible where such public to exercise independent independent contractor duties and functions are judgment. This means the generally should be inherently inconsistent question of incompatibility is determined from the facts of and repugnant, so that determined upon a review of the particular case, and from a because of the contrariety the duties and responsibilities proper construction of the and antagonism which 37 of the two offices or office contract as a whole.” This would result from the and position involved, not the means an official cannot avoid attempt of one person to personal character or abilities an incompatibility problem by discharge faithfully, 8 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 simply declaring his non- position. While it is clear that The answer is probably yes public employment to be that the official must give up the since the incompatibility of an independent contractor. office or position, there is no doctrine has not been Rather, the particulars of the clear direction in the law as to extended to non-public relationship between the whether the first office/employment situations. official and the government position is automatically However, this situation is very entity will be closely vacated or whether the person close to the one found examined to determine may choose between the incompatible in the Otradovec whether the official is truly an decision and does create some office and position. independent contractor. potential for a conflict over Hypothetical salary negotiations, A good rule of thumb for Incompatibility Problems supervision and control of governing body members to 1. You are a member of a city duties or obligations to the follow is that they cannot hold library staff and are thinking public to exercise independent other public offices or about running for the city judgment that might lead a positions unless the council. Can you work for the court to include such private arrangement is specifically library and serve on the city employment within the scope authorized. For example, council if elected? of the incompatibility governing body members are doctrine. expressly authorized to serve No. The fact that the library on local boards and board comes between the What if the firm, not just its commissions, as long as they librarian and the common head, has been appointed as receive no additional council does not remove the village assessor? remuneration other than a per incompatibility problem. This This minor change in facts diem that is paid to all is because the common probably renders your members of the board or council controls the amount of employment with the firm and 38 commission. Also, elected money the city appropriates to service as a village trustee public officials may serve as the library board and confirms incompatible since a court EMTs and volunteer appointments to the library may find your “private” firefighters for their board. Thus, a person who is employment to be sufficiently municipalities, as long as total an employee of the library and public in light of the potential compensation, including who simultaneously sits on for a conflict over salary fringe benefits does not the common council can negotiations, supervision and 39 exceed $15,000 per year. A exercise ultimate control over control of duties or member of a city council or his or her employer, the obligations to the public to village board may also serve library board, through exercise independent 40 as a county supervisor.controlling the level of judgment. funding and the appointments Enforcement and Penalties to the board. 3. You have served as a Under the doctrine of member of your village’s 2. You are employed by a incompatibility, if a second volunteer fire department for private firm whose head is the office is taken that is ten years. You have received, village assessor and are incompatible with an existing on average, $1,000 a year for thinking about running for the office, the official is deemed your services. You have just village board. Can you to have vacated the first been elected to the village continue to work for the firm office. The law is not so clear board. Must you resign from and serve on the village board regarding the holding of an the volunteer fire department? if the head of your firm is still incompatible office and No. Section 66.0501(4), the village assessor? 9 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 eligibility for another public 42 body or board. Stats., allows governing body position with the municipality members to serve as volunteer Robert’s Rules of Order she serves. However, it is not firefighters for their the only one. A separate Many municipalities have municipalities, as long as the provision also provides that a adoptedRobert’s Rules of compensation they receive as member of a city council or Order. Officials should be firefighter or EMTs, including village board is ineligible, aware that section 44 of those fringe benefits, does not during the term of office for rules provides: exceed $15,000. Note: There which the member is elected: may be some question under No member should vote (1) for any office or position the Fair Labor Standards Act on a question in which he that has been created during (FLSA) whether an individual has a direct personal or that term, even if the member who is paid $15,000 in any pecuniary interest not resigns his or her office prior year is a volunteer under that common to other to appointment; and (2) an law and the $15,000 threshold members of the existing office or position, if under sec. 66.0501(4), Stats., organization.… The rule the selection for it is vested in should not be interpreted as on abstaining from voting the governing body, unless the permitting noncompliance on a question of direct member resigns before the with the requirements of the personal interest does not 44 selection is made. FLSA. mean that a member is Mid-term Salary Change prevented from voting for 4) Other Conflict of Interest Statute himself for an office or Laws and Rules other position to which A local elected official may The Decision Hall members are generally not vote to increase her salary eligible, nor from voting The general rule of law, during her current term of when other members are according to an old Wisconsin 45 office. This provision does included with him in a supreme court decision, is that not prohibit all votes on salary motion. members of a legislative body during a term of office. An or municipal board are official may vote on a This rule and the Hall case disqualified to vote therein on proposed salary increase that noted above were cited by the propositions in which they will take effect at the Wisconsin court of appeals in have a direct pecuniary beginning of the next term of a case where the employee of interest adverse to the office. an entity seeking a rezoning 41 municipality. This rule abstained from voting as a Misconduct in Office Statute seems to expand upon the county board supervisor on restrictions in the ethics code. 46 State law provides that any 43 the matter. The court If the rule extends to public officer or employee concluded that had the legislative decisions, it would, who does any of the following employee-supervisor voted, for example, prohibit a city is guilty of a Class E felony, his vote would have been council member who owns a punishable by a fine not to disqualified. restaurant with a liquor exceed $10,000 or Eligibility for Other Public license from voting on a imprisonment not to exceed Positions Statute proposed change in the liquor two years or both: license fees to be charged. The pecuniary interest statute, 1 . Intentionally fails or However, it is not clear sec. 946.13(1), Stats., refuses to perform a known whether the rule applies to discussed earlier, is probably mandatory, nondiscretionary, legislative and non-legislative the most significant limitation ministerial duty of the actions of a governmental on a public official’s 10 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 special conflict of interest personal advantage, which the officer’s or employee’s office rules that are imposed officer or employee is not or employment within the pursuant to professional rules authorized to receive, time or in the manner required of conduct related to their pursuant to an understanding by law. profession or position. that the officer or employee 2 . In the officer’s or will act in a certain manner One public officer subject to employee’s official capacity regarding any matter which is such professional rules of does an act which he or she pending or might come before conduct is the municipal knows is in excess of the the officer or employee in the attorney. Like other attorneys, officer’s lawful authority or officer’s or employee’s a municipal attorney is subject which the officer or employee capacity as such officer or to the rules of professional knows the officer or employee employee or that the officer or conduct for attorneys, which is forbidden by law to do in employee will do or omit to includes a set of conflict of the officer’s or employee’s do any act in violation of the 50 interest rules. In some official capacity. officer’s or employee’s lawful instances, these rules or others 3duty is guilty of bribery, a . By commission or rules of professional conduct 47 omission, in the officer’s or Class D felony. may prohibit a city or village employee’s official capacity, attorney from acting in a Discounts at Certain exercises a discretionary matter and necessitate the use Stadiums Statute power in a manner of outside counsel. No person serving in a local inconsistent with the duties of Another “local” official with elective office may accept any the officer’s or employee’s special conflict of interest discount on the price of office or employment or the 51 rules is a municipal judge. admission or parking charged rights of others with intent to Municipal judges, even those to members of the general obtain a dishonest advantage who are not lawyers, are public, including any discount for the officer or employee or subject to the same rules of on the use of a sky box or another. judicial conduct as other private luxury box, at a 4 . In the officer’s or judges with some limited stadium that is tax exempt employee’s official capacity 52 exceptions. Some of these from general property taxes intentionally and materially rules extend to municipal 48 under sec. 70.11(36), Stats. falsifies an entry in an account 53 court staff. A municipal Sales to Liquor Licensees or record book or return, judge is also subject to a Statute certificate, report or statement. special incompatibility conflict of interest rule that No member of a municipal 5 . Under color of the office or prohibits a municipal judge governing body may sell or employment, intentionally from holding any other office offer to sell to any person solicits or accepts for the of public trust during his or holding or applying for a performance of any service or 54 her term of office. retail beer or liquor license duty anything of value which any bond, product or thing the officer or employee knows Conclusion which may be used by the is greater or less than is fixed The foregoing is merely an licensee in carrying on the by law. introduction to and overview 49 licensee’s business. Bribery Statute of some of the more important Rules of Professional rules and laws addressing Any public officer or public Conduct ethics and conflict of interests employee who directly or for Wisconsin municipal Some public officials and indirectly accepts or offers to officials. Some, such as the employees are also subject to accept any property or 11 Legal Comment Compatibility of Offices # 605 &- Pecuniary Interest # 389 35. Weber v. Hurley, 13 Wis. 16. Wisconsin Ethics Board impartiality requirement under 2d 560, 568, 109 N.W.2d 65 Guidelines for State Officials, the due process clause of the (1961). Private Interest in Official state and federal constitutions, 36. Id. Action, Eth 232 (November are too complex to fully 37. Id. 1991; rev. March 1997). address in an overview. 38. Sec. 66.0501(2), Stats. 17. Sec. 19.59(1)(br), Stats., However, it is hoped that this 39. Sec. 66.0501(4), Stats. created by 2001 Wis. Act 109. short refresher course or 40. Sec. 59.10(4), Stats., and This provision is effective introduction will help local Compatibility of Offices 604. July 1, 2003 and applies to a officials recognize and avoid 41. Board of Supervisors of local public official holding potential conflict of interest Oconto County v. Hall, 47 an elective office. problems in their community. Wis. 208, 2 N.W. 291 (1879). 18. Sec. 19.59(5)(a), Stats. 42. See 63 Op. Att'y Gen. 545 19. Sec. 19.59(8)(a), Stats. End Notes: (1974), citing 133 A.L.R. 20. Sec. 19.59(8)(c), Stats. 1. Sec. 19.59, Stats. For a 1257; 62 C.J.S., Municipal 21. Sec. 19.58, Stats. further discussion of the state Corporations, sec. 402 (rule 22. Sec. 19.59(7), Stats. ethics law, see the legal may not extend to legislative 23. State v. Stoehr, 134 comments in the June 1995 decisions) and McQuillin Wis.2d 66, 396 N.W.2d 177 (Pecuniary Interest 373), Mun. Corp., sec. 13.35 (3d ed) (1986). October 1991 (Officers 749) (this municipal law treatise 24. Sec. 946.13(1)(a), Stats. and December 1991 does not cite any legislative 25. 75 Op. Att'y Gen. 172, (Pecuniary interest 365) issues act exception to the Hall rule). 174 (1986). of the Municipality. 43. Ballenger v. Door County, 26. Sec. 946.13(1)(b), Stats. 2. Sec. 19.42(7u), Stats. 131 Wis. 2d 422, 388 N.W.2d 27. See secs. 946.13(2), (5), 3. Sec. 19.59(7x), Stats. 624 (Ct. App. 1986). (6), (7), (8), (9), (10), and 4. Sec. 19.42(7w), Stats. 44. Sec. 66.0501(2), Stats. (11), Stats. 5. Id. 45. Sec. 66.0505, Stats. 28. Sec. 946.13(2)(a), Stats. 6. Sec. 19.59(1m), Stats. 46. Sec. 946.12, Stats. 29. Sec. 939.50(3)(e), Stats. 7. Sec. 19.59(1)(a), Stats. 47. Sec. 946.10, Stats. 30. Wis. Const. art. XIII, sec. 8. Wisconsin Ethics Board 48. Sec. 19.451, Stats. 3(3) and sec. 17.03(5), Stats. Guidelines for Local Officials, 49. Sec. 125.51(1), Stats. 31. See State v Jones, 130 Local Officials Receipt of 50. See, e.g., SCR 20:1.7 Wis. 572 (1907); Martin v. Food, Drink, Favors, 51. A municipal judge is Smith, 239 Wis. 314 (1941); Services, Etc., Eth 219, (July included in the list of officials andOtradovec v. City of 1992; rev. June 1994). The subject to the state ethics code Green Bay, 118 Wis. 2d 393, Wisconsin Ethics Board for state officials. See secs. (Ct. App. 1984). guidelines for local public 19.42(13) and (14), Stats. 32. 3 McQuillin, Municipal officials may viewed online at 52. See Chapter SCR 60 of Corporations, §12.67 (3d ed.) http://ethics.state.wi.us . the Wisconsin Statutes. 33. See State v Jones, 130 êØÚ êÉÜÉÊ 53. SCR 60.04(2)(b). Wis. 572 (1907); Martin v. 10.54. Sec. 19.42(7), Stats. Sec. 757.02(2), Stats. Smith, 239 Wis. 314 (1941); 11. Sec. 19.59(1)(b), Stats. andOtradovec v. City of 12. Sec. 19.42(1), Stats. Green Bay, 118 Wis. 2d 393 13. Supra note 7. (Ct. App. 1984). 14. Sec. 19.59(1)(c), Stats. 34. League opinion 15. See e.g., Op. Ethics Board Compatibility of Offices 581 92-22 (June 16, 1992). 12 CITY ATTORNEY’S OFFICE MEMORANDUM June 27, 2011 TO: Common Council FROM: Wald Klimczyk, City Attorney SUBJECT: First Reading and Schedule a public hearing on a proposed ordinance repealing the current “ward supervisors” ordinance 2.08.080 concerning members-elect of the Rock County Board. (File Ordinance 2011-483) Summary This is the first reading of a proposed ordinance repealing Janesville Ordinance 2.08.080 concerning the meaning and application of the term “Ward Supervisors”. Background Questions have come up over time of what the purpose of the “ward supervisors” definition is in the City of Janesville ordinances. The City Attorney has done research which includes the timing of the ordinance and what staff believes to be the intent of the ordinance. Based upon the research on the timing of the redistricting, attached is proposed File Ordinance 2011-483 repealing current Ordinance 2.08.080. City Manager Recommendation The City Manager recommends that this ordinance receive a first reading and then be th set for a second reading, public hearing, and adoption at the July 11 City Council meeting. Discussion This version of proposed File Ordinance No. 2011-483 repeals JGO 2.08.080 in its entirety. The earlier version proposed to amend the current ordinance concerning “Ward Supervisors” to make it clearer that it applies exclusively to representative members- elect to the Rock County Board of Supervisors. Either approach is recommended. Either way, the terms of office and number of supervisors from supervisory districts in Rock County are matters exclusively under the control of the County Board. The City of Janesville has no say in that. That’s by statute. County Supervisors are governed by Chapter 59 of the Wisconsin Statutes. The specific statute subsections pertaining to i County supervisors are set forth in the endnotes below. 1 There is no reference to a “supervisor” or “ward supervisor” in the Wisconsin statutes that apply to Wisconsin cities, e.g. those contained in Chapters 62, 66, and especially no in Chapter 64 that governs Council-Manager local government in Wisconsin. Furthermore, Janesville’s Charter and related ordinances show council members as being elected at-large – not from wards. A footnote appearing on Page 2-7 of the Code of General Ordinances concerning JGO 2.08.080 references Wis. Stats., sub Secs. 62.09(1), (4), (5) and (7). Yet, none of those subsections addresses this term and none establish “ward supervisors” in any manner as Janesville’s governing body. The Page 2-7 footnote reference in the current ordinance book is to the 1973 statutes. That infers that current JGO 2.08.080 was adopted or amended in 1973, or thereabouts. At least the footnote reference was added at that time. Historical Background: Before Janesville became a Council-Manager form of local government by referendum charter ordinance in April of 1923 during the management of Henry Traxler, the Wisconsin Legislature in 1853 enacted Chapter 93, Chapter I, Section 1.,(see Attachment A) creating the City of Janesville as a Wisconsin city with the general powers of a Wisconsin city customary for that time. The original territory for Janesville was as set forth in Section 2 of that law. (see Attachment A.) Section 15 of that law reads as follows: “Sec. 15. The aldermen in each ward elected for two years shall be in the order of their election members of the county board of Supervisors, with all the rights, duties, and liabilities of the chairman of the board of Supervisors of the several towns.” (see Attachment A, pg. 2.) At one time, therefore, Janesville city council members also served as supervisors on the Rock County Board of Supervisors. The legislative note appearing to the right of Section 15 of that state law confirms this dual role at that time: “Aldermen members of Board of Supervisors.” This was changed when the voters of Janesville adopted the council-manager form of government charter ordinance in 1923. That is mostly now codified in Chapter 64 of the Wisconsin statutes. No longer do city council members also serve as supervisors on the Rock County Board of Supervisors. There is no provision for that either in Janesville’s council-manager government charter ordinance or in Wis. Stats. Chapter 64, There have also been numerous changes to Chapter 59 of the Wisconsin statutes governing Wisconsin counties and the composition, membership, and representational districts of county boards. City ordinance does not control any of those areas any longer. For some reason, JGO 2.08.080 – under different numbering over time -- remained in some form in the City’s Code of Ordinances. No one got around to repealing it previously. 2 Conclusion : Common sense also precludes what in essence would be simultaneous two governing bodies for the City of Janesville – the current seven member common council elected at large, established under Wis. Stats. Sec. 64.07; and a separate concurrent 64 member ii ward supervisors governing body if an erroneous interpretation were applied. Accurate reading of current JGO 2.08.080 in context with the legislative section’s history precludes the erroneous legal construction, interpretation, and application of JGO 2.08.080. This ordinance does not mean or intend including 64 “ward supervisors” as Janesville’s governing body, let alone 64 “ward supervisors” plus a separate and distinct seven member common council elected at large under Wis. Stats. Ch. 64. Adopting the proposed ordinance repealing current JGO 2.08.080 would eliminate the interpretive, construction, and application errors from future occurrence. Jt Attachment CC: Eric J. Levitt, City Manager Jacob J. Winzenz, Dir. of Admin. Services/Asst. City Mgr. J:\Attorney\Word\Shared\Ward Supervisor Ord REPEAL ONLY Wald Cover Memo 062711.doc i 2.08.080 Ward supervisor--Term of office “. The term of office of supervisor from each ward in the city shall be two years.” The statute closest in language to the City ordinance concerns county board of supervisors: “59.10(1)(b) (b) Terms. The term of office of supervisors is 2 years.” In a footnote on page 2-7 of the Code of Ordinances: “… For further provisions concerning ward supervisors, see Wis. Stat. 1973, s. 62.09(1), (4), (5) and (7)...” 62.09(1), (4), (5) and (7) do not speak about “ward supervisor.” “Supervisor” is a term that refers to the representative serving on a county board of supervisors. The term “supervisor” only appears in relation to a member-elect of a county board of supervisors. A county board of supervisors is the governing body of a county in Wisconsin. 59.001(1) (1) "Board" means the county board of supervisors. 59.001(2m) 3 (2m) "Members-elect" means those members of the governing body of a county, city, village or town, at a particular time, who have been duly elected or appointed for a current regular or unexpired term and whose service has not terminated by death, resignation or removal from office. 59.02(1) (1) The powers of a county as a body corporate can only be exercised by the board, or in pursuance of a resolution adopted or ordinance enacted by the board. 59.02(2) (2) Ordinances may be enacted and resolutions may be adopted by a majority vote of a quorum or by such larger vote as may be required by law. Ordinances shall commence as follows: "The county board of supervisors of the county of .... does ordain as follows". 59.02(3) (3) A majority of the supervisors who are entitled to a seat on the board shall constitute a quorum. All questions shall be determined by a majority of the supervisors who are present unless otherwise provided. 59.10(1)(a) (a) Number of supervisors and apportionment of supervisory districts. In each county with a population of at least 500,000, sub. (2) (a) and (b) applies. In counties with a population of less than 500,000 and more than one town, sub. (3) (a) to (c) applies. In counties with one town only, sub. (5) applies. 59.10(1)(b) (b) Terms. The term of office of supervisors is 2 years. A board may determine whether the terms shall be concurrent or staggered. Supervisors shall be elected at the election to be held on the first Tuesday in April next preceding the expiration of their respective terms and shall take office on the 3rd Tuesday in April following their election. If the board determines that supervisors shall serve staggered terms, the board shall, by ordinance, provide for a division of supervisors into 2 classes, one class to be elected for one-half of a full term and the other class for a full term and thereafter the supervisors shall be elected for a full term. The board shall publish the ordinance as a class 1 notice, under ch. 985, or as a notice, as described under s. 59.14 (1m) (b), before publication of the notice of the election at which supervisors are to be elected. The term “Ward Supervisor” only appears once in the Wisconsin statutes and then in a subsection concerning a county. 8.05(6) (6)Menominee County. In counties containing only one town candidates shall be nominated for the office of supervisors at large and by wards, and all applicable provisions of this section shall apply to their ward supervisor selection. In selecting the candidates for by caucus, the candidates for each ward shall be selected separately, and only those electors shall participate in each as are residents of that ward. Any ward candidate seeking nomination by the circulation of nomination papers shall incorporate in the nomination papers a statement that the signers are qualified electors of that ward. No statutes governing Wisconsin cities include a supervisor or ward supervisor as an elected or appointed member of a city governing body. Not in Ch. 64 governing council manager government cities. ii Janesville currently has 32 wards. Proposed File Ordinance No. 2011-492 would re-divide and redistrict Janesville to 25 wards, per City Clerk-Treasurer Jean Ann Wulf’s suggested approach. 4 ORDINANCE NO. 2011 – 483 An ordinance repealing JGO 2.08.080 concerning ward supervisors. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section 2.08.080 of the Code of General Ordinances of the City of Janesville is hereby repealed in its entirety. “2.08.080 Ward supervisor--Term of office . The term of office of supervisor from each ward in the city shall be two years.” ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Council Member McDonald Prepared by: City Attorney CLERK-TREASURER’S OFFICE MEMORANDUM June 17, 2011 TO: City Council FROM: Jean Ann Wulf, City Clerk-Treasurer SUBJECT: Introduction and Schedule a Public Hearing on a Proposed Ordinance Deleting and Recreating Electoral Ward Boundaries (File Ord. 2011-492) and a Proposed Resolution Assigning Wards to Polling Places (File Res. 2011-818) Summary The City Council is required to create wards for the City of Janesville based on the Preliminary County Supervisory District Plan. Pursuant to State Statutes, we have until July 11, 2011 to complete this project. The Clerk-Treasurer’s Office created the ward plan by splitting each County Supervisory District into two wards. In addition, we assigned the new wards to polling places. We recommend that the Council introduce File Ordinance 2011-492 detailing our ward plan and schedule it for public hearing on July 11, 2011. The associated resolution assigning wards is included for informational purposes only. Background Following the 2010 U.S. Census, Wisconsin political jurisdictions are required to redraw electoral districts in order to ensure equal representation. Under Wisconsin Statutes, the County Board of Supervisors establishes a preliminary plan for their Supervisory Districts and forwards their Plan to the City to establish wards. The Rock County Board has now forwarded their Preliminary Redistricting Plan dividing the County into 29 Supervisory Districts. It should be noted that seven of the proposed Supervisory Districts are located solely within the City and six Supervisory Districts are comprised of property located both within the City and adjoining townships. Pursuant to State Statutes, the City Council should adopt our new ward boundaries July 11, 2011. The reason for redistricting is to ensure that the constitutional principle of one person- one vote is achieved in all election districts. With the proposed changes, we will achieve equality in representation with each County Supervisor representing between 5,337 and 5,710 citizens or a difference of 373. State guidelines on redistricting allow a variance of up to 552. Ward Plan Under the proposed Plan, 13 supervisors will represent the City. The City will create 25 wards to accommodate the County Supervisory Districts. This compares with our current 14 supervisors representing 32 wards. Between 2001 and 2011, the City annexed over 40 different properties and created 7 new wards. Therefore, in the proposed plan, the County extended their Supervisory District boundaries past the City’s corporate limits to allow for our future expansion of the City’s boundaries within a supervisory district. In shared districts, the City represents the majority of population, except for Supervisory District #9. The City of Janesville has renumbered our wards in order to restore the numbering sequence for the old fourth ward. In addition, we will be requesting that the County renumber their supervisory districts within the City of Janesville to be in consecutive number order with the City’s wards (i.e. Wards 1& 2 = Supervisory District 18, Wards 3 & 4 = Supervisory District 19). The following table shows the proposed districts and the population split between City and Township residents. Ward Supervisory Janesville Township Number District Residents Residents Population 1 2,664 2 18 2,695 343 5,702 3 2,887 4 25 2,790 0 5,677 5 2,117 6 26 1,844 1,504 5,465 7 2,900 8 27 2,700 0 5,600 9 1,879 10 28 1,992 1,822 5,693 11 2,922 12 29 2,790 0 5,712 13 2,864 14 24 2,812 0 5,676 15 2,597 16 19 2,424 572 5,593 17 2,721 18 21 2,845 0 5,566 19 9 1430 4101 5,531 20 2,066 21 20 2,227 1,156 5,449 22 2,797 23 22 2,913 0 5,710 24 2,951 25 23 2,748 0 5,699 Total 63,575 9,498 73,073 We have included in you packet a map of the existing wards and the proposed wards. Polling Place Plan The City is responsible for designating a polling place for each ward. Our objectives in selecting or changing polling places were as follows: selecting polling places that are handicapped accessible, access to a large  meeting room and have adequate parking minimize the distance citizens have to travel to their polling place  create boundaries that follow major geographic features  minimize election costs  Currently, the City has 10 polling places and we are proposing to keep the same number of polling places. The plan calls for eliminating Marshall Middle School, Jefferson School and Wilson School. Also, it adds Rotary Gardens, Harmony School and the Municipal Building. Listed on the table below are the proposed changes and the associated reasons. The table also indicates the new polling place location for those voters affected by closings: CURRENT REASONS FOR NEW WARD PROPOSED POLLING PLACES PROPOSED CHANGES ASSIGNMENT POLLING PLACES Edison Middle School Same 7, 8, 9, 10 Edison Middle School First Lutheran Church Same 14, 16, 17, 18 First Lutheran Church Harrison School Same 24, 25 Harrison School Hedberg Library Same 13, 15 Hedberg Public Library Closed – Moved Voters to First Lutheran for Jefferson School Better Voter Access. Kennedy School Same 22, 23 Kennedy School Madison School Same 5, 6 Madison School Closed – Moved to Kennedy, Harrison and Marshall Middle School First Lutheran for Better Voter Access 11, 12 Rotary Gardens Closed – Moved to the Municipal Building Wilson School for Better Voter Access 3,4 Municipal Building Washington School Same 1,2 Washington School Large Population Growth in this Area. N/A Closer to Voters. Excellent Parking. 19, 20, 21 Harmony School The above plan has been incorporated into Resolution 2011-818 which is attached. Redistricting will not increase the cost of election administration. By keeping the same number of polling places, we have stabilized our costs. One-time costs of notifying approximately 19,000 voters of their polling place change and printing new ward maps are estimated at to be around $5,000. Funding for the corresponding proposed changes has been included in the 2011 City Budget. Recommendation We recommend that the Council introduce Ordinance 2011-492, which details our ward plan and schedule it for public hearing on July 11, 2011. City Manager Recommendation The City Manager concurs with the recommendation. cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager and Director of Administrative Services Ordinance NO. 2011-492 An ordinance deleting and recreating Electoral Ward Boundaries. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION 1. WARD BOUNDARIES. Janesville General Ordinance No. 2001-175 and all prior ordinances defining or redefining ward and supervisory district boundaries of and in the City of Janesville are hereby repealed and recreated as follows: The City of Janesville shall be and hereby is divided into twenty-five (25) wards. Said ward boundaries are shown on a map that is fully incorporated herein by reference as if fully set forth and which is and shall be on file in the Office of the City Clerk. The ward boundaries set forth thereon are described herein as follows: Ward 1 Census Block Numbers: 551050005001000 551050005001029 551050005002013 551050005005001 551050005001001 551050005001030 551050005002014 551050005005002 551050005001002 551050005001031 551050005002015 551050005005003 551050005001003 551050005001032 551050005002016 551050005005004 551050005001005 551050005001033 551050005002017 551050005005005 551050005001006 551050005001034 551050005002018 551050005005006 551050005001007 551050005001035 551050005002019 551050005005008 551050005001008 551050005001036 551050005002020 551050005005009 551050005001009 551050005001037 551050005002021 551050005005011 551050005001010 551050005002000 551050005003000 551050006002004 551050005001013 551050005002001 551050005003001 551050012012000 551050005001014 551050005002002 551050005003002 551050012022025 551050005001015 551050005002003 551050005003003 551050012022026 551050005001018 551050005002004 551050005003004 551050012022028 551050005001019 551050005002005 551050005003005 551050012022030 551050005001020 551050005002006 551050005003006 551050012022031 551050005001022 551050005002007 551050005003007 551050012022033 551050005001023 551050005002008 551050005003008 551050012022073 551050005001024 551050005002009 551050005003009 551050012022074 551050005001025 551050005002010 551050005003010 551050012022075 551050005001026 551050005002011 551050005003011 551050012022080 551050005001027 551050005002012 551050005005000 Ward 2 Census Block Numbers: 551050004003000 551050005004004 551050005004014 551050005005007 551050004003001 551050005004005 551050005004015 551050005005010 551050004003003 551050005004006 551050005004016 551050005005012 551050004003004 551050005004007 551050005004017 551050005005013 551050004003005 551050005004008 551050005004018 551050005005014 551050004003006 551050005004009 551050005004019 551050005005015 551050005004000 551050005004010 551050005004020 551050005005016 551050005004001 551050005004011 551050005004021 551050005005017 551050005004002 551050005004012 551050005004022 551050005005018 551050005004003 551050005004013 551050005004023 551050005005019 Page 1 of 12 551050005005020 551050005005028 551050012011003 551050012012009 551050005005021 551050005005029 551050012012002 551050012012010 551050005005022 551050005005030 551050012012003 551050012012012 551050005005023 551050005005031 551050012012004 551050012012064 551050005005024 551050006002005 551050012012005 551050012012065 551050005005025 551050012011000 551050012012006 551050012012066 551050005005026 551050012011001 551050012012007 551050012012067 551050005005027 551050012011002 551050012012008 551050012012068 Ward 3 Census Block Numbers: 551050001001011 551050004001004 551050004002001 551050004004018 551050001001012 551050004001005 551050004002002 551050004004019 551050001001013 551050004001006 551050004002003 551050004004020 551050001001023 551050004001007 551050004002004 551050004004021 551050001001024 551050004001008 551050004002005 551050004004022 551050001001025 551050004001009 551050004002006 551050004004023 551050001001026 551050004001010 551050004002007 551050004004024 551050001001027 551050004001011 551050004002008 551050004004030 551050001001028 551050004001012 551050004002009 551050004004031 551050001001029 551050004001013 551050004002010 551050004004032 551050001001030 551050004001014 551050004002011 551050004004033 551050001001031 551050004001015 551050004002012 551050004004034 551050001001032 551050004001016 551050004002013 551050004004035 551050001001033 551050004001017 551050004002014 551050004004036 551050001001034 551050004001018 551050004002015 551050004004037 551050001001047 551050004001019 551050004002016 551050004004038 551050001001048 551050004001020 551050004004000 551050004004039 551050001001049 551050004001021 551050004004001 551050004004040 551050001001050 551050004001022 551050004004002 551050004004041 551050001001051 551050004001023 551050004004003 551050004004042 551050001001052 551050004001024 551050004004004 551050004004043 551050001001057 551050004001025 551050004004005 551050004004044 551050004001000 551050004001026 551050004004006 551050004004045 551050004001001 551050004001027 551050004004007 551050004004047 551050004001002 551050004001028 551050004004008 551050004004048 551050004001003 551050004002000 551050004004017 551050004004055 Ward 4 Census Block Numbers: 551050001001035 551050001001055 551050003001008 551050003001018 551050001001036 551050001001056 551050003001009 551050003001019 551050001001041 551050003001000 551050003001010 551050003001020 551050001001042 551050003001001 551050003001011 551050003001021 551050001001043 551050003001002 551050003001012 551050003001022 551050001001044 551050003001003 551050003001013 551050003001023 551050001001045 551050003001004 551050003001014 551050003001024 551050001001046 551050003001005 551050003001015 551050003001025 551050001001053 551050003001006 551050003001016 551050003001026 551050001001054 551050003001007 551050003001017 551050003001027 Page 2 of 12 551050003001028 551050003002007 551050003002025 551050003003013 551050003001029 551050003002008 551050003002026 551050003003014 551050003001030 551050003002009 551050003002027 551050003003015 551050003001031 551050003002010 551050003002028 551050003003016 551050003001032 551050003002011 551050003002029 551050003003017 551050003001033 551050003002012 551050003003000 551050003003018 551050003001034 551050003002013 551050003003001 551050003003019 551050003001035 551050003002014 551050003003002 551050003003020 551050003001036 551050003002015 551050003003003 551050003003021 551050003001037 551050003002016 551050003003004 551050003003022 551050003001038 551050003002017 551050003003005 551050003003023 551050003002000 551050003002018 551050003003006 551050003003024 551050003002001 551050003002019 551050003003007 551050003003025 551050003002002 551050003002020 551050003003008 551050003003026 551050003002003 551050003002021 551050003003009 551050003003027 551050003002004 551050003002022 551050003003010 551050003002005 551050003002023 551050003003011 551050003002006 551050003002024 551050003003012 Ward 5 Census Block Numbers: 551050004003002 551050012011008 551050012012011 551050012012047 551050004003007 551050012011009 551050012012013 551050012012048 551050004003008 551050012011010 551050012012023 551050012012049 551050004003009 551050012011011 551050012012024 551050012012050 551050004003010 551050012011012 551050012012025 551050012012051 551050004003011 551050012011013 551050012012026 551050012012052 551050004003012 551050012011014 551050012012027 551050012012053 551050004003013 551050012011015 551050012012028 551050012012054 551050004003014 551050012011016 551050012012030 551050012012055 551050004003015 551050012011017 551050012012031 551050012012059 551050004003016 551050012011018 551050012012034 551050012012060 551050012011004 551050012011019 551050012012035 551050012012061 551050012011005 551050012011021 551050012012042 551050012012062 551050012011006 551050012011022 551050012012044 551050012012063 551050012011007 551050012011023 551050012012046 Ward 6 Census Block Numbers: 551050004004009 551050004004028 551050012012039 551050012013034 551050004004010 551050004004029 551050012013000 551050012013035 551050004004011 551050004004046 551050012013001 551050012013036 551050004004012 551050004004049 551050012013004 551050012013040 551050004004013 551050004004050 551050012013009 551050012013041 551050004004014 551050004004051 551050012013010 551050012013042 551050004004015 551050004004052 551050012013012 551050012013043 551050004004016 551050004004053 551050012013030 551050012013044 551050004004025 551050004004054 551050012013031 551050012013045 551050004004026 551050012012037 551050012013032 551050012013046 551050004004027 551050012012038 551050012013033 551050012013047 Page 3 of 12 551050012013048 551050012013059 551050012013075 551050012013083 551050012013049 551050012013060 551050012013076 551050012013084 551050012013050 551050012013062 551050012013077 551050012013085 551050012013051 551050012013063 551050012013078 551050012013086 551050012013052 551050012013064 551050012013079 551050012013087 551050012013053 551050012013065 551050012013080 551050012013088 551050012013054 551050012013066 551050012013081 551050012013106 551050012013055 551050012013074 551050012013082 Ward 7 Census Block Numbers: 551050011001000 551050011001018 551050011002009 551050011004004 551050011001001 551050011001019 551050011002010 551050011004005 551050011001002 551050011001024 551050011002011 551050011004006 551050011001003 551050011001025 551050011002012 551050011004007 551050011001004 551050011001026 551050011002013 551050011004008 551050011001005 551050011001027 551050011002014 551050011004009 551050011001006 551050011001028 551050011002015 551050011004010 551050011001007 551050011001029 551050011002016 551050011004011 551050011001008 551050011001030 551050011002017 551050011004012 551050011001009 551050011002000 551050011002018 551050011004013 551050011001010 551050011002001 551050011002019 551050011004014 551050011001011 551050011002002 551050011002020 551050011004015 551050011001012 551050011002003 551050011002021 551050011004016 551050011001013 551050011002004 551050011002022 551050011004017 551050011001014 551050011002005 551050011004000 551050011004018 551050011001015 551050011002006 551050011004001 551050011004020 551050011001016 551050011002007 551050011004002 551050011004021 551050011001017 551050011002008 551050011004003 551050011004022 Ward 8 Census Block Numbers: 551050011001020 551050011003009 551050011003022 551050011005009 551050011001021 551050011003010 551050011003023 551050011005010 551050011001022 551050011003011 551050011003024 551050011005011 551050011001023 551050011003012 551050011004019 551050011005012 551050011003000 551050011003013 551050011005000 551050011005013 551050011003001 551050011003014 551050011005001 551050011005014 551050011003002 551050011003015 551050011005002 551050011005015 551050011003003 551050011003016 551050011005003 551050011005016 551050011003004 551050011003017 551050011005004 551050011005017 551050011003005 551050011003018 551050011005005 551050011005018 551050011003006 551050011003019 551050011005006 551050014004009 551050011003007 551050011003020 551050011005007 551050014004010 551050011003008 551050011003021 551050011005008 551050014004011 Page 4 of 12 Ward 9 Census Block Numbers: 551050014004001 551050014004016 551050014004043 551050014004057 551050014004002 551050014004017 551050014004044 551050014004059 551050014004003 551050014004018 551050014004045 551050014004060 551050014004004 551050014004019 551050014004047 551050014004061 551050014004005 551050014004022 551050014004048 551050014004062 551050014004006 551050014004028 551050014004049 551050014004063 551050014004007 551050014004037 551050014004050 551050014004064 551050014004008 551050014004038 551050014004051 551050014004072 551050014004012 551050014004039 551050014004052 551050014004073 551050014004013 551050014004040 551050014004053 551050014004014 551050014004041 551050014004054 551050014004015 551050014004042 551050014004055 Ward 10 Census Block Numbers: 551050010002019 551050010002046 551050014003007 551050014003028 551050010002021 551050010002047 551050014003008 551050014003029 551050010002022 551050014001022 551050014003009 551050014003030 551050010002023 551050014001025 551050014003012 551050014003031 551050010002024 551050014001026 551050014003013 551050014004000 551050010002025 551050014001030 551050014003015 551050014004034 551050010002026 551050014003000 551050014003017 551050014004046 551050010002027 551050014003001 551050014003021 551050014004065 551050010002028 551050014003002 551050014003023 551050014004066 551050010002029 551050014003003 551050014003024 551050014004067 551050010002043 551050014003004 551050014003025 551050014004068 551050010002044 551050014003005 551050014003026 551050014004069 551050010002045 551050014003006 551050014003027 551050014004070 Ward 11 Census Block Numbers: 551050010001000 551050010001014 551050010001028 551050010001046 551050010001001 551050010001015 551050010001029 551050010002000 551050010001002 551050010001016 551050010001030 551050010002001 551050010001003 551050010001017 551050010001031 551050010002002 551050010001004 551050010001018 551050010001032 551050010002003 551050010001005 551050010001019 551050010001033 551050010002004 551050010001006 551050010001020 551050010001034 551050010002005 551050010001007 551050010001021 551050010001039 551050010002006 551050010001008 551050010001022 551050010001040 551050010002007 551050010001009 551050010001023 551050010001041 551050010002008 551050010001010 551050010001024 551050010001042 551050010002009 551050010001011 551050010001025 551050010001043 551050010002010 551050010001012 551050010001026 551050010001044 551050010002011 551050010001013 551050010001027 551050010001045 551050010002012 Page 5 of 12 551050010002013 551050010002035 551050010002052 551050014001003 551050010002014 551050010002036 551050010002053 551050014001004 551050010002015 551050010002037 551050010002054 551050014001005 551050010002016 551050010002038 551050010002055 551050014001006 551050010002017 551050010002039 551050010002056 551050014001011 551050010002018 551050010002040 551050010002057 551050014001013 551050010002020 551050010002041 551050010002058 551050014001014 551050010002030 551050010002042 551050010002059 551050014001045 551050010002031 551050010002048 551050010002060 551050014001046 551050010002032 551050010002049 551050010002061 551050010002033 551050010002050 551050010002062 551050010002034 551050010002051 551050014001002 Ward 12 Census Block Numbers: 551050009001000 551050009001016 551050009002013 551050009002029 551050009001001 551050009001017 551050009002014 551050009002030 551050009001002 551050009001018 551050009002015 551050009002031 551050009001003 551050009002000 551050009002016 551050009002032 551050009001004 551050009002001 551050009002017 551050009002033 551050009001005 551050009002002 551050009002018 551050009002034 551050009001006 551050009002003 551050009002019 551050009002035 551050009001007 551050009002004 551050009002020 551050009002036 551050009001008 551050009002005 551050009002021 551050009002037 551050009001009 551050009002006 551050009002022 551050009002038 551050009001010 551050009002007 551050009002023 551050009002039 551050009001011 551050009002008 551050009002024 551050009002040 551050009001012 551050009002009 551050009002025 551050009002041 551050009001013 551050009002010 551050009002026 551050010001035 551050009001014 551050009002011 551050009002027 551050010001036 551050009001015 551050009002012 551050009002028 551050010001047 Ward 13 Census Block Numbers: 551050001001000 551050001001019 551050002001015 551050002003004 551050001001001 551050001001020 551050002001016 551050002003005 551050001001002 551050001001021 551050002001017 551050002003006 551050001001003 551050001001022 551050002001018 551050002003007 551050001001004 551050001001037 551050002002004 551050002003008 551050001001005 551050001001038 551050002002005 551050002003009 551050001001006 551050001001039 551050002002007 551050002003010 551050001001007 551050001001040 551050002002008 551050002003011 551050001001008 551050002001007 551050002002009 551050002003012 551050001001009 551050002001008 551050002002010 551050002003013 551050001001010 551050002001009 551050002002011 551050002003014 551050001001014 551050002001010 551050002002012 551050002003015 551050001001015 551050002001011 551050002003000 551050002003016 551050001001016 551050002001012 551050002003001 551050002003017 551050001001017 551050002001013 551050002003002 551050002003018 551050001001018 551050002001014 551050002003003 551050002003019 Page 6 of 12 551050002003020 551050002003026 551050002003032 551050002003038 551050002003021 551050002003027 551050002003033 551050002003039 551050002003022 551050002003028 551050002003034 551050002003040 551050002003023 551050002003029 551050002003035 551050008004018 551050002003024 551050002003030 551050002003036 551050002003025 551050002003031 551050002003037 Ward 14 Census Block Numbers: 551050002001000 551050007003022 551050008003013 551050008004002 551050002001001 551050007003023 551050008003014 551050008004003 551050002001002 551050007003026 551050008003015 551050008004004 551050002001003 551050007003027 551050008003016 551050008004005 551050002001004 551050008003000 551050008003017 551050008004006 551050002001005 551050008003001 551050008003018 551050008004007 551050002001006 551050008003002 551050008003019 551050008004008 551050002001019 551050008003003 551050008003020 551050008004009 551050002001020 551050008003004 551050008003021 551050008004010 551050002001021 551050008003005 551050008003022 551050008004011 551050002002000 551050008003006 551050008003023 551050008004012 551050002002001 551050008003007 551050008003024 551050008004013 551050002002002 551050008003008 551050008003025 551050008004014 551050002002003 551050008003009 551050008003026 551050008004015 551050002002006 551050008003010 551050008003027 551050008004016 551050007003011 551050008003011 551050008004000 551050008004017 551050007003012 551050008003012 551050008004001 551050008004019 Ward 15 Census Block Numbers: 551050006001012 551050006002001 551050006002022 551050006002041 551050006001013 551050006002002 551050006002023 551050006002042 551050006001014 551050006002003 551050006002024 551050006002043 551050006001015 551050006002006 551050006002025 551050006002044 551050006001016 551050006002007 551050006002026 551050006002045 551050006001017 551050006002008 551050006002027 551050006002046 551050006001018 551050006002009 551050006002028 551050006002047 551050006001019 551050006002010 551050006002029 551050006002048 551050006001020 551050006002011 551050006002030 551050006002049 551050006001024 551050006002012 551050006002031 551050006002050 551050006001025 551050006002013 551050006002032 551050006002051 551050006001026 551050006002014 551050006002033 551050006002052 551050006001027 551050006002015 551050006002034 551050012022047 551050006001028 551050006002016 551050006002035 551050012022052 551050006001031 551050006002017 551050006002036 551050012022053 551050006001032 551050006002018 551050006002037 551050012022054 551050006001033 551050006002019 551050006002038 551050006001034 551050006002020 551050006002039 551050006002000 551050006002021 551050006002040 Page 7 of 12 Ward 16 Census Block Numbers: 551050006001000 551050006001029 551050012021015 551050012022006 551050006001001 551050006001030 551050012021016 551050012022007 551050006001002 551050006001035 551050012021017 551050012022039 551050006001003 551050006001036 551050012021018 551050012022042 551050006001004 551050012021003 551050012021019 551050012022045 551050006001005 551050012021005 551050012021020 551050012022055 551050006001006 551050012021006 551050012021021 551050012022056 551050006001007 551050012021007 551050012021022 551050012022057 551050006001008 551050012021008 551050012021023 551050012022058 551050006001009 551050012021009 551050012021024 551050012022064 551050006001010 551050012021010 551050012021025 551050012022065 551050006001011 551050012021011 551050012021026 551050012022066 551050006001021 551050012021012 551050012021027 551050012022067 551050006001022 551050012021013 551050012021028 551050012022068 551050006001023 551050012021014 551050012022003 551050012022069 Ward 17 Census Block Numbers: 551050007002000 551050007003019 551050008001014 551050008002016 551050007002002 551050007003020 551050008001015 551050008002017 551050007002003 551050007003024 551050008002000 551050008002018 551050007002004 551050007003025 551050008002001 551050008002019 551050007002014 551050008001000 551050008002002 551050008002020 551050007002015 551050008001001 551050008002003 551050008002021 551050007002016 551050008001002 551050008002004 551050008002022 551050007002017 551050008001003 551050008002005 551050008002023 551050007002018 551050008001004 551050008002006 551050008002024 551050007002019 551050008001005 551050008002007 551050008002025 551050007002020 551050008001006 551050008002008 551050008002026 551050007002021 551050008001007 551050008002009 551050008002027 551050007002022 551050008001008 551050008002010 551050008002028 551050007002026 551050008001009 551050008002011 551050008002029 551050007003013 551050008001010 551050008002012 551050008002030 551050007003014 551050008001011 551050008002013 551050008002031 551050007003015 551050008001012 551050008002014 551050007003018 551050008001013 551050008002015 Ward 18 Census Block Numbers: 551050007001000 551050007001009 551050007001018 551050007001027 551050007001001 551050007001010 551050007001019 551050007001028 551050007001002 551050007001011 551050007001020 551050007001029 551050007001003 551050007001012 551050007001021 551050007001030 551050007001004 551050007001013 551050007001022 551050007001031 551050007001005 551050007001014 551050007001023 551050007001032 551050007001006 551050007001015 551050007001024 551050007001033 551050007001007 551050007001016 551050007001025 551050007001034 551050007001008 551050007001017 551050007001026 551050007001035 Page 8 of 12 551050007001036 551050007002008 551050007002025 551050007003007 551050007001037 551050007002009 551050007003000 551050007003008 551050007001038 551050007002010 551050007003001 551050007003009 551050007001039 551050007002011 551050007003002 551050007003010 551050007002001 551050007002012 551050007003003 551050007003016 551050007002005 551050007002013 551050007003004 551050007003017 551050007002006 551050007002023 551050007003005 551050007003021 551050007002007 551050007002024 551050007003006 551050013041127 Ward 19 Census Block Numbers: 551050012021000 551050012023078 551050013031059 551050013031089 551050012021001 551050012023079 551050013031060 551050013031090 551050012021002 551050012023080 551050013031061 551050013031091 551050012021004 551050012023081 551050013031062 551050013032031 551050012022004 551050012023083 551050013031063 551050013032032 551050012022005 551050012023084 551050013031064 551050013032039 551050012022076 551050013031011 551050013031066 551050013032040 551050012022077 551050013031015 551050013031067 551050013032041 551050012022078 551050013031019 551050013031070 551050013032042 551050012022079 551050013031028 551050013031071 551050013032043 551050012023001 551050013031046 551050013031072 551050013032046 551050012023002 551050013031047 551050013031074 551050013032047 551050012023058 551050013031048 551050013031078 551050013032048 551050012023059 551050013031050 551050013031079 551050013032049 551050012023060 551050013031051 551050013031080 551050013032050 551050012023061 551050013031052 551050013031081 551050013032051 551050012023062 551050013031054 551050013031082 551050013032064 551050012023063 551050013031055 551050013031083 551050013032065 551050012023064 551050013031056 551050013031086 551050013032066 551050012023065 551050013031057 551050013031087 551050013041045 551050012023066 551050013031058 551050013031088 Ward 20 Census Block Numbers: 551050013032002 551050013032030 551050013032067 551050013041028 551050013032005 551050013032033 551050013032068 551050013041029 551050013032007 551050013032034 551050013032069 551050013041030 551050013032009 551050013032035 551050013041010 551050013041031 551050013032021 551050013032036 551050013041011 551050013041032 551050013032023 551050013032037 551050013041012 551050013041033 551050013032024 551050013032038 551050013041013 551050013041034 551050013032025 551050013032044 551050013041014 551050013041035 551050013032026 551050013032045 551050013041015 551050013041042 551050013032027 551050013032052 551050013041016 551050013041044 551050013032028 551050013032053 551050013041017 551050013041069 551050013032029 551050013032054 551050013041018 551050013041120 Page 9 of 12 Ward 21 Census Block Numbers: 551050013032010 551050013041006 551050013041026 551050013041073 551050013032014 551050013041007 551050013041027 551050013041074 551050013032015 551050013041008 551050013041060 551050013041076 551050013032016 551050013041009 551050013041061 551050013041104 551050013032017 551050013041019 551050013041062 551050013041105 551050013032018 551050013041020 551050013041066 551050013041106 551050013032019 551050013041021 551050013041067 551050013041121 551050013032055 551050013041022 551050013041068 551050013041122 551050013041001 551050013041023 551050013041070 551050013041123 551050013041002 551050013041024 551050013041071 551050013041124 551050013041003 551050013041025 551050013041072 Ward 22 Census Block Numbers: 551050013021005 551050013041046 551050013041082 551050013041101 551050013024004 551050013041047 551050013041083 551050013041102 551050013024005 551050013041048 551050013041084 551050013041103 551050013024077 551050013041049 551050013041085 551050013041107 551050013024078 551050013041050 551050013041086 551050013041108 551050013024079 551050013041051 551050013041087 551050013041109 551050013025000 551050013041052 551050013041088 551050013041110 551050013025002 551050013041053 551050013041089 551050013041111 551050013025004 551050013041054 551050013041090 551050013041112 551050013025005 551050013041055 551050013041091 551050013041113 551050013032058 551050013041056 551050013041092 551050013041114 551050013032059 551050013041057 551050013041093 551050013041115 551050013041036 551050013041058 551050013041094 551050013041116 551050013041037 551050013041059 551050013041095 551050013041117 551050013041038 551050013041063 551050013041096 551050013041118 551050013041039 551050013041064 551050013041097 551050013041119 551050013041040 551050013041065 551050013041098 551050013041125 551050013041041 551050013041080 551050013041099 551050013041126 551050013041043 551050013041081 551050013041100 551050013042000 Ward 23 Census Block Numbers: 551050013022000 551050013042007 551050013043003 551050013043010 551050013042001 551050013042008 551050013043004 551050013043011 551050013042002 551050013042009 551050013043005 551050013043012 551050013042003 551050013042010 551050013043006 551050013043013 551050013042004 551050013043000 551050013043007 551050013043014 551050013042005 551050013043001 551050013043008 551050013043015 551050013042006 551050013043002 551050013043009 Page 10 of 12 Ward 24 Census Block Numbers: 551050013021000 551050013021012 551050013021023 551050013022009 551050013021001 551050013021013 551050013021024 551050013022010 551050013021002 551050013021014 551050013021025 551050013022011 551050013021003 551050013021015 551050013022001 551050013022012 551050013021004 551050013021016 551050013022002 551050013022013 551050013021006 551050013021017 551050013022003 551050013022014 551050013021007 551050013021018 551050013022004 551050013022015 551050013021008 551050013021019 551050013022005 551050013022016 551050013021009 551050013021020 551050013022006 551050013022017 551050013021010 551050013021021 551050013022007 551050013025032 551050013021011 551050013021022 551050013022008 Ward 25 Census Block Numbers: 551050013021026 551050013023013 551050013025003 551050013025022 551050013021027 551050013023014 551050013025006 551050013025024 551050013021028 551050013023015 551050013025008 551050013025025 551050013023000 551050013023016 551050013025009 551050013025026 551050013023001 551050013023017 551050013025010 551050013025027 551050013023002 551050013023018 551050013025011 551050013025028 551050013023003 551050013023019 551050013025012 551050013025029 551050013023004 551050013023020 551050013025013 551050013025030 551050013023005 551050013023021 551050013025014 551050013025031 551050013023006 551050013023022 551050013025015 551050013025033 551050013023007 551050013023023 551050013025016 551050013025034 551050013023008 551050013024019 551050013025017 551050013025035 551050013023009 551050013024020 551050013025018 551050013025036 551050013023010 551050013024021 551050013025019 551050013025038 551050013023011 551050013024022 551050013025020 551050013023012 551050013025001 551050013025021 Page 11 of 12 Section 2. This ordinance shall take effect immediately upon adoption and in accord with the applicable Wisconsin Statutes. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager Dongarra-Adams ATTEST: Liebert McDonald Jean Ann Wulf, City Clerk-Treasurer Rashkin APPROVED AS TO FORM: Steeber Voskuil Wald Klimczyk, City Attorney Proposed by: City Clerk-Treasurer Prepared by: City Clerk-Treasurer Page 12 of 12 ØÕÔÓ Ù×Ö Ò Î Ñ Í Ð Ï Ì Ë îì ë îì îí îí íð îî îî ë ì îï îï ê îë ë îð îð íð íð ïç ìê ïç ç è û é íð ïè ë ïè û ï ïé îë ïé îé ïï ïð û í û û û ïê ïê ïí ïì îì ïè û ïë ïë ïë ïî û îé ïì ïé îê ïì ïê îí û îé îè ïí ïí ïî îé ïî îðîï ÖÑÔ×ÛÌ ÍÌ îî û ïï ïï ïç îè ß ÕÛÔÔÑÙÙ ßÊÛ ïð ïð ïé îç íî ç ç ÌÎ×ÐÐ ÎÜ è è íï ïç é é íï ê ê ë ë Ø Ù ÔÓ × Î ÖÑÏ ÒÐÍ ÕÌ Ë ÊÑÌ×ÒÙ ßÍÍÛÓÞÔÇ ÝÑÒÙÎò ÊÑÌ×ÒÙ ßÍÍÛÓÞÔÇ ÝÑÒÙÎò ÐÑÔÔ×ÒÙ ÐÔßÝÛÍÐÑÔÔ×ÒÙ ÐÔßÝÛÍ É·½±²·²ù Ð¿®µ Ð´¿½» ÉßÎÜÍÜ×ÍÌÎ×ÝÌÜ×ÍÌÎ×ÝÌÉßÎÜÍÜ×ÍÌÎ×ÝÌÜ×ÍÌÎ×ÝÌ ïÉßÍØ×ÒÙÌÑÒ ÍÝØÑÑÔììïîîÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔììï îÉßÍØ×ÒÙÌÑÒ ÍÝØÑÑÔììïîíÚ×ÎÍÌ ÔËÌØÛÎßÒ ÝØËÎÝØììï Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ íØÛÜÞÛÎÙ ÐËÞÔ×Ý Ô×ÞÎßÎÇììïîìÚ×ÎÍÌ ÔËÌØÛÎßÒ ÝØËÎÝØììï ìÖÛÚÚÛÎÍÑÒ ÍÝØÑÑÔììïîëÖÛÚÚÛÎÍÑÒ ÍÝØÑÑÔììï ëÕÛÒÒÛÜÇ ÍÝØÑÑÔìëïîêÓßÜ×ÍÑÒ ÍÝØÑÑÔììî ÎÑÝÕ ÝÑËÒÌÇ êÕÛÒÒÛÜÇ ÍÝØÑÑÔìëïîéÓßÜ×ÍÑÒ ÍÝØÑÑÔìíî ïî éÖÛÚÚÛÎÍÑÒ ÍÝØÑÑÔììïîèÚ×ÎÍÌ ÔËÌØÛÎßÒ ÝØËÎÝØìëï ÊÑÌ×ÒÙ ÉßÎÜ ÒËÓÞÛÎ É×ÍÝÑÒÍ×Ò èÓßÎÍØßÔÔ Ó×ÜÜÔÛ ÍÝØÑÑÔììïîçÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔìíî çÓßÎÍØßÔÔ Ó×ÜÜÔÛ ÍÝØÑÑÔììïíðÉßÍØ×ÒÙÌÑÒ ÍÝØÑÑÔìíî û ÐÑÔÔ×ÒÙ ÐÔßÝÛÍ ïðÓßÎÍØßÔÔ Ó×ÜÜÔÛ ÍÝØÑÑÔììïíïÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔìíî ïïØßÎÎ×ÍÑÒ ÍÝØÑÑÔììïíîÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔìíî ÉßÎÜ ÒËÓÞÛÎ×ÒÙ ÍÇÍÌÛÓ ßÒÜ ÍËÐÛÎÊ×ÍÑÎÇ Ü×ÍÌÎ×ÝÌÍ ÍËÐÛÎÊ×ÍÑÎÇ ïîØßÎÎ×ÍÑÒ ÍÝØÑÑÔìëï Ü×ÍÌÎ×ÝÌ ÞÑËÒÜßÎ×ÛÍ ïíÚ×ÎÍÌ ÔËÌØÛÎßÒ ÝØËÎÝØììï k ïìØÛÜÞÛÎÙ ÐËÞÔ×Ý Ô×ÞÎßÎÇììï ÉßÎÜ ÞÑËÒÜßÎ×ÛÍ ïëÉ×ÔÍÑÒ ÍÝØÑÑÔììï ïêÉ×ÔÍÑÒ ÍÝØÑÑÔììï ï ·²½¸ ã êôéðçòêèêðìí º»»¬ïéÓßÜ×ÍÑÒ ÍÝØÑÑÔììï ïèÓßÜ×ÍÑÒ ÍÝØÑÑÔììï Ú»»¬ ïçÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔììï ßÜÑÐÌÛÜ ÞÇ Ý×ÌÇ ÝÑËÒÝ×Ô ðíôíéëêôéëðïíôëðð îðÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔììï ÖËÔÇ çô îððï îïÛÜ×ÍÑÒ Ó×ÜÜÔÛ ÍÝØÑÑÔììï ÑÎÜ×ÒßÒÝÛ ÒÑò ðïóèé ÜßÌÛ ÑÚ ÔßÍÌ ÎÛÊ×Í×ÑÒæ ïðóîëóïð ÎÛÍÑÔËÌ×ÑÒ ÒÑò ðïóïéë ßÔÔ ÉßÎÜÍ ßÎÛ ×Ò ÍÛÒßÌÛ Ü×ÍÌÎ×ÝÌ ïë ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÎ»º»®»²½» Ó¿°ÄÊ±¬·²¹óÉ¿®¼ RESOLUTION NO. 2011-818 A RESOLUTION ASSIGNING WARDS TO POLLING PLACES WHEREAS, the Rock County Board created 29 new supervisory districts based on the 2010 Census; and WHEREAS, the City of Janesville is required to create wards within each Supervisory District; and WHEREAS, the City of Janesville is required to assign all wards to a specific polling place; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that it hereby assigns the City wards to the following polling places effective forthwith upon adoption. Ward Numbers Polling Place Assignment Wards 1 and 2 Washington School Wards 3 and 4 Municipal Building Wards 5 and 6 Madison School Wards 7, 8, 9 and 10 Edison Middle School Wards 11 and 12 Rotary Gardens Wards 13 and 15 Hedberg Public Library Wards 14, 16, 17 and 18 First Lutheran Church Wards 19, 20, and 21 Harmony Elementary School Wards 22 and 23 Kennedy School Wards 24 and 25 Harrison School ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: City Clerk-Treasurer Prepared by: City Clerk-Treasurer Ý·¬§ ±º Ö¿²»ª·´´» Ì»²¿¬·ª» É¿®¼ Ð´¿² ÿø îê þ÷ Ú þ÷ Ç yzx íç } | ëï yzx çð ïç Ø¿®³±²§ Û´»³»²¬¿®§ Í½¸±±´ } | ïì ç îð þ÷ Û îï } | ïê ïì ïè îî Õ»²²»¼§ Û´»³»²¬¿®§ Í½¸±±´ ç îí ÿø îê ï þ÷ ß ïé É¿¸·²¹¬±² Û´»³»²¬¿®§ Í½¸±±´ïì Ú·®¬ Ô«¬¸»®¿² Ý¸«®½¸Ø¿®®·±² Û´»³»²¬¿®§ Í½¸±±´ ç ïë çç îì î } | ïì Ó¿¼·±² Û´»³»²¬¿®§ Í½¸±±´ ïî ç Ó«²·½·°¿´ Þ«·´¼·²¹ ïí ë ç Ø»¼¾»®¹ Ð«¾´·½ Ô·¾®¿®§ ç ÿ ø í ïï þ÷ ÓÓ îë ì Î±¬¿®§ Ù¿®¼»² ÿ ø ç ïï ïï þ÷ Ñ } | ïì ÿ é ø ïï y xz íç yzx çð Û¼·±² Ó·¼¼´» Í½¸±±´ ç } | ÿø ëï ïï è ÿø ïï þ÷ Ö ç ê Ì»²¿¬·ª» É¿®¼ Ð´¿² É¿®¼ ïÉ¿®¼ ïì ÿ ø É¿®¼ îÉ¿®¼ ïë ïï É¿®¼ íÉ¿®¼ ïê É¿®¼ ìÉ¿®¼ ïé ïð É¿®¼ ëÉ¿®¼ ïè É¿®¼ êÉ¿®¼ ïç É¿®¼ éÉ¿®¼ îð É¿®¼ èÉ¿®¼ îï É¿®¼ çÉ¿®¼ îî þ÷ Ù É¿®¼ ïðÉ¿®¼ îí É¿®¼ ïïÉ¿®¼ îì É¿®¼ ïîÉ¿®¼ îë É¿®¼ ïí ò É·½±²·²ù Ð¿®µ Ð´¿½» ðêôðððïîôððð Ý·¬§ ±º Ö¿²»ª·´´» ç Ì»²¿¬·ª» Ð±´´·²¹ Í·¬» ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ï ·²½¸ »¯«¿´ êôððð º»»¬ Ü¿¬»æ êÄïíÄîðïï Õò Þ»²¦ô Ð´¿²²·²¹ Í»®ª·½» Ó¿° Ô±½¿¬·±²æ ÍæÄÐ®±¶»½¬ÄÝ´»®µÄÉ¿®¼ÄÌ»²¿¬·ª» Ú·²¿´ É¿®¼ Ð´¿² ßÐò³¨¼ Ü×ÍÝÔß×ÓÛÎæ Ì¸· ¼¿¬¿ · °®±ª·¼»¼ ¾§ ¬¸» Ý·¬§ ±º Ö¿²»ª·´´» º±® ·²º±®³¿¬·±²¿´ °«®°±» ±²´§ò Ì¸» Ý·¬§ ¼±» ²±¬ ©¿®®¿²¬ ±® ¹«¿®¿²¬»» ¬¸» ¿½½«®¿½§ ±® ®»´·¿¾·´·¬§ ±º ¬¸· ¼¿¬¿ò Ì¸» ®»½·°·»²¬ ±º ¬¸· ¼¿¬¿ ¿«³» ¿²§ ®·µ ±º ·¬ «» º±® ¿²§ °«®°±»ò