Full Agenda Packet CITY OF JANESVILLE
CITY COUNCIL MEETING AGENDA
MONDAY, June 25, 2012
7:00 P.M.
1. Call to Order and Pledge of Allegiance.
2. Roll Call.
3. Regular City Council meeting minutes of June 11, 2012. “C”
4. Licenses; and Recommendations of the Alcohol License Advisory
Committee. (Refer to separate agenda.) “C”
5. Authorization for the Administration to deny a liability claim from
American Family Insurance Group (insured Danna Helgerson) in the
amount of $5,250.00. “C”
6. Financial statement for the month of May, 2012. “C”
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not
requiring a public hearing.
NEW BUSINESS
1. Action on a proposed resolution authorizing the City of Janesville to enter into an
agreement with the Wisconsin Department of Natural Resources to become a
Green Tier Legacy Community. (File Res. No. 2012-917)
2. Action on a proposed resolution authorizing the City Manager to sell the property
at 212 Madison Street through the Neighborhood Stabilization Program.
(File Res. No. 2012-921)
3. Discussion of the management structure for the Janesville Innovation Center and
direction to staff.
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“C” – This designation indicates an item that the City Council will take up under a
Consent Agenda.
City Council Agenda – June 25, 2012
Page 2
NEW BUSINESS (CONTINUED)
4. Discussion on projected 2012 landfill waste flows and direction to staff.
5. Requests and comments from the public on matters which can be affected by
Council action.
6. Matters not on the Agenda.
7. 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
negotiating and bargaining terms and conditions for the potential acquisitions of
real property located at 55 South River Street and/or 202 Riverside Street for
public purposes, since competitive or bargaining reasons require a closed
session.
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.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF JANESVILLE, WISCONSIN
REGULAR MEETING
JUNE 11, 2012
VOL. 63
NO. 6
Regular meeting of the City Council of the City of Janesville held in the Municipal Building on
June 11, 2012. The meeting was called to order by City Council President Voskuil at 7:00 PM.
Council President Voskuil led the Council in the Pledge of Allegiance.
Present: Council President Voskuil and Councilmembers Dongarra-Adams, Farrell, Kealy,
Liebert, Severson and Steeber.
CONSENT AGENDA
Regular City Council meeting minutes of May 29, 2012.
Licenses; and Recommendations of the Alcohol License Advisory Committee including an
appeal of the denial of an operator’s license for William R. Miller. (Refer to separate agenda.)
Council President Voskuil removed William R. Miller’s appeal for an operator’s license from the
consent agenda. She stated that all other items on the consent agenda would be approved if
there were no objections. There were none.
Councilmember Steeber moved to approved the issuance of an operator’s license for William R.
Miller, seconded by Councilmember Kealy. Councilmember Kealy offered a friendly amendment
that the license would be restricted to the V.F.W., which was accepted by the maker. The
motion, as amended, passed by the following vote: Aye: Dongarra-Adams, Farrell, Kealy,
Liebert, Severson and Steeber. Nay: Voskuil.
Acceptance of grant funds for restoration of storm windows for the Tallman House. Judy Adler,
representing the Monterey Questers, presented the City of Janesville a grant for $7,450 to repair
storm windows for the Tallman House. Council President Voskuil thanked the Questers for their
hard work raising the funds for the Tallman House.
Special recognition: Action on a proposed resolution in commendation of Robert J. Schenck’s
twenty-five years of service to the City of Janesville. Councilmember Steeber moved to adopt
said resolution, seconded by Councilmember Liebert and passed unanimously. (File Res. No.
2012-920)
OLD BUSINESS
1. Requests and comments from the public regarding items on the Agenda not requiring a
public hearing. No one spoke.
NEW BUSINESS
1. Action on a proposed resolution authorizing the City Manager to convey the property located
at 176 Lincoln St. to The Wisconsin Partnership for Housing Development, Inc. Councilmember
Steeber moved to adopt said resolution, seconded by Councilmember Severson and passed
unanimously. (File Res. No. 2012-909)
2. Action on a proposed resolution authorizing the City Manager to enter into a developer’s
agreement with the Wisconsin Partnership for Housing Development, Inc. for the purpose of
rehabilitating the home at 403 Lincoln St. under the Neighborhood Stabilization Program.
Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Liebert
and passed unanimously. (File Res. No. 2012-919)
3. Action on a proposed resolution authorizing the City Manager to execute a facility use
agreement with the Janesville School District. Councilmember Liebert moved to adopt said
resolution, seconded by Councilmember Steeber and passed unanimously with Councilmember
Severson abstaining. (File Res. No. 2012-918)
4. Action on City Manager recommended citizen appointments to the Citizens Board of Review
Councilmember Steeber moved to approve said appointments, seconded by Councilmember
Severson and passed unanimously.
5. Requests and comments from the public on matters which can be affected by Council action.
Pat Schuler, 1126 Woodman Rd., Richard Schuler, 1126 Woodman Rd., Paul Lembrich, 102 N.
River St., Georgia Janich, 1514 Dayton Dr., Jim Pardee, 3703 S. Murray Rd., Peter Apted, 324
S. Academy St., Robert Bellard, 842 Bluff St., Beloit, Jack Leeder, 1705 Randolph Rd., and
Miriam Williams, 651 Park Ave., Beloit, asked the Council not to become a Green Tier Legacy
City Charter signatory. Doug Rebout, 6401 W. Mineral Point Rd., invited the Council to the
Third Focus on Agriculture event on June 27, 2012 at Larson Acres. Don Stewart, 4404 N.
River Rd., read a statement in favor of Assembly Bill 303 which would allow cities to opt out of
smart growth. Duffy Dillon, 3837 Skyview Dr., updated the Council on Janesville Youth Baseball
activities including: the sale of the Woodman Dr. property, the growth in membership, and the
development of the fields. He invited the public to an Open House on July 4, 2012.
6. Matters not on the Agenda. City Manager Levitt reminded the Council of the retreat at Rotary
Gardens on June 19, 2012 from 8 am to 4 pm.
7. Councilmember Steeber moved to adjourn, seconded by Councilmember Liebert and passed
unanimously
There being no further business, Council adjourned at 8:12 p.m.
These minutes are not official until approved by the City Council.
David T. Godek
Deputy Clerk-Treasurer
JANESVILLE CITY COUNCIL
LICENSE AGENDA
6/25/2012
RECOMMENDED
A. AMUSEMENT CENTER-RENEWALS FOR THE 2012-2013 LICENSE YEAR
(See Attached List)
B. AMUSEMENT DEVICE-RENEWALS FOR THE 2012-2013 LICENSE YEAR
(See Attached List)
C. ELECTRICIANS-RENEWALS FOR THE 2012-2013 LICENSE YEAR
(See Attached List)
D. SECONDHAND JEWELRY DEALER/SECONSHAND ARTICLE DEALER/PAWNBROKER-
RENEWALS FOR THE 2012-2013 LICENSE YEAR
(See Attached List)
2011-2012 License RenewalsCity of JanesvillePage 1 of 1
TRADE NAMEOWNER NAMELOCAL ADDRESSADDRESSCITYSTZIP
AMUSEMENT CENTER
RILEY'S SPORTS BAR AND GRILLRILEY'S SPORTS BAR AND GRILL LLC209 W MILWAUKEE ST209 W MILWAUKEE STJANESVILLEWI53548
WOLF'S DEN, THEL M THIRTEEN INCL M THIRTEEN INCL M THIRTEEN INC
JANESVILLEWI53545
AMUSEMENT DEVICE
RILEY'S SPORTS BAR AND GRILLRILEY'S SPORTS BAR AND GRILL LLC209 W MILWAUKEE ST209 W MILWAUKEE STJANESVILLEWI53548
TIME OUT PUB AND EATERYCSP INC101 E MILWAUKEE ST101 E MILWAUKEE ST
JANESVILLEWI53548
WOLF'S DEN, THEL M THIRTEEN INCL M THIRTEEN INCL M THIRTEEN INC
JANESVILLEWI53545
ELECTRICIAN
A-TEAM ELECTRIC LLCKADLEC, ERIC 6654 W WOOD RIDGE DR6654 W WOOD RIDGE DRJANESVILLEWI53548
HADY ELECTRIC INCHADY, MARK ANONE445 HADY LN / PO BOX 580WATERTOWNWI53094
HI ELECTRONBROWN, FRED WNONEPO BOX 2214MADISONWI53701
RCI ELECTRIC SERVICE LLCCLARK, DANIEL JNONE11420 W GIBBS LAKE RDEVANSVILLEWI53536
SECONDHAND JEWELRY DEALER/SECONDHAND ARTICLE DEALER/PAWNBROKER
BAY DESIGN CUSTOM JEWELERSKEITH PEARCE1727 NEWPORT AVE1727 NEWPORT AVE
JANESVILLEWI53545
BEST BUY MOBILE #2867BEST BUY STORES LP2500 MILTON AVE2500 MILTON AVEJANESVILLEWI53545
BEST BUY #892BEST BUY STORES LP2850 DEERFIELD DR2850 DEERFIELD DRJANESVILLEWI53546
CASEY'S PAWN SHOPTWARDZIK, DEBRA L1706 CENTER AVE1706 CENTER AVEJANESVILLEWI53548
HOUSE OF TREASURE LLCUDE, MICHAEL L500 W MILWAUKEE ST500 W MILWAUKEE STJANESVILLEWI53545
THE EXCLUSIVE COMPANYTHE EXCLUSIVE CO INC1259 MILTON AVE1259 MILTON AVEJANESVILLEWI53545
THE GOLD SPOTCASH FOR GOLD WISCONSIN GOLD BUYERS2522 E MILWAUKEE ST2522 E MILWAUKEE STJANESVILLEWI53545
CITY ATTORNEY’S OFFICE MEMORANDUM
June 6, 2012
TO: City Council
FROM: Tim Wellnitz, Assistant City Attorney
SUBJECT: Authorization for the Administration to Deny a Liability Claim from
American Family Insurance Group (insured Danna Helgerson) in
the Amount of $5,250.00.
On April 29, 2012, a sewer back-up occurred in the basement of the residence of
Danna Helgerson located at 545 Williams Street in Janesville.
On May 14, 2012, a claim was received from American Family Insurance Group
for property damage in the amount of $5,250.00.
After investigating this incident, and with the concurrence of the City’s Insurance
Claims Representative at Cities & Villages Mutual Insurance Company (CVMIC),
it has been determined that the City should deny this claim.
Resolution 89-1175, establishing our claims administration procedure, states in
section 4.3a:
The City Claims Administrator shall review, investigate, verify and
within ninety (90) days of receiving such claim, prepare and forward
a written recommendation to the Common Council for its review,
consideration, and action each and every claim in face amount
greater than Five Thousand Dollars ($5,000).
I recommend that the City Council deny by consent and authorize the
Administration to deny the claim received from American Family Insurance Group
in the amount of $5,250.00.
cc: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
City Manager’s Office Memorandum
June 25, 2012
TO: Janesville City Council
FROM: Al Hulick, Management Analyst
SUBJECT: Action on a Proposed Resolution authorizing the City of Janesville
to enter into an Agreement with the Wisconsin Department of
Natural Resources to become a Green Tier Legacy Community.
(File Resolution 2012-917)
Summary
th
On May 29 City Staff presented to the City Council File Resolution 2012-917
authorizing the City of Janesville to enter into an Agreement with WiDNR to
become a Green Tier Legacy Community. At that meeting the City Council had
several questions regarding the severability of the contract if the City chose to no
longer participate in the program at some future date. Attached is a legal opinion
from City Attorney Wald Klimczyk.
A brief summary of his findings indicate that there are two provisions in the
proposed sustainability Legacy Charter with the DNR that separately enable the
City of Janesville, as a signatory, to unilaterally withdraw from the Charter – one
requiring ninety (90) days prior written notice to all other signatories and one
without any prior notice requirement. In neither event is permission from the other
signatories required before the City’s withdrawal can take effect.
Staff Recommendation
Therefore, based on the previous information presented and the newly attached
information provided by the City Attorney, City Staff and The Sustainable
Janesville Committee recommends the City Council approve File Resolution
2012-917 authorizing the City Administration to join the Green Tier Legacy
Program with the Wisconsin Department of Natural Resources.
City Manager Recommendation
The City Manager recommends that the Council can move forward in one of
three ways.
1. The City Council can authorize staff to submit a letter of intent to join the
Green Tier Legacy Community. If the City is interested in moving forward
on sustainability initiatives and being a leading City in this area, the City
Manager recommends this approach. The downside is limited due to the
ability to withdraw from the Green Tier Community with 90 days notice,
and the upside of receiving increased resources and access to DNR in the
long term
.
2. The City Council can request that the City move forward in the
development of a Sustainability Plan without joining the Green Tier
Program. The staff would look at the cost versus grant funds available to
see what resources would be required. If it is greater than $25,000 in the
short term we would come back to City Council. (This could be done for
the first option).
3. The Council could instruct staff to delay initiating a sustainability plan until
a later date.
cc: Eric Levitt
Jacob Winzenz
Wald Klimczyk
RESOLUTION NO. 2012-917
A Resolution authorizing the City of Janesville to enter into an Agreement with
the Wisconsin Department of Natural Resources to become a Green Tier Legacy
Community
WHEREAS, at their May 27, 2008 meeting, the City Council adopted File Resolution
No. 2008-508 establishing the City of Janesville as an Eco-Municipality; and
WHEREAS, the Eco-Municipality Resolution states that the City of Janesville endorses
the principles of sustainability as outlined in the Eco-Municipality guidelines to:
1. Reduce dependence on fossil fuels, and extracted underground metals and
minerals.
2. Reduce dependence on chemicals and other manufactured substances that can
accumulate in Nature.
3. Reduce dependence on activities that harm life-sustaining ecosystems.
4. Meet the hierarchy of present and future human needs fairly and effectively.
WHEREAS, the City Council endorsed the Sustainable Janesville Committees priority
project to create a sustainability plan for the City of Janesville; and
WHEREAS, the Center on Wisconsin Strategy, the Wisconsin Department of Natural
Resources (DNR), and 1000 Friends of Wisconsin have created a Green Tier Legacy
Program with the goals of:
1. Assisting municipalities in achieving superior environmental performance,
2. Improving the quality of life and economic vitality of communities, and
3. Helping municipalities and the DNR address water management issues in a
holistic, watershed-based manner, and
4. Assisting municipalities in preparing, implementing and improving an overall
watershed plan that integrates the municipality’s full range of water resources
issues, and
5. Assisting municipalities in preparing, implementing and improving over time a
sustainability plan that reduces a municipality’s impact on the environment, and
6. Facilitating access to state and federal funding for projects and activities related
to this charter, and
7. Realizing taxpayer savings through reduced municipal expenditures on motor
vehicle fuels and energy resulting from efficient development patterns, and
8. Helping municipalities comply with various water regulations in a more efficient,
cost effective and flexible manner, and
9. Achieving other demonstrable and measureable environmental improvements
beyond what is required by local, state, or federal law; and
WHEREAS, the Green Tier Legacy Communities Program is seeking partnerships with
local units of government in furtherance of the Green Tier Charter goals; and
WHEREAS, the City of Janesville will benefit from such a partnership with the Green
Tier Legacy Communities Program; and
NOW THEREFOR BE IT HEREBY RESOLVED, that the Common Council of the City of
Janesville hereby declare themselves a signatory to the Green Tier Charter for Legacy
Communities and authorize the City Administration to sign the necessary documents on
behalf of the Common Council;
BE IT FURTHER RESOLVED, that City staff are directed to assist with meeting the
Charter goals and to submit an annual report to the Organizational Signatories; and
BE IT FURTHER RESOLVED, that upon adoption, the City Administration is hereby
directed to send a copy of this resolution to the Wisconsin DNR and the Legacy
Communities Green Tier Steering Committee.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Farrell
Eric J. Levitt, City Manager
Kealy
Liebert
ATTEST:
Severson
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: City Manager’s Office
Prepared by: City Manager’s Office (ACH)
LCGT
CHARTER
EGACY OMMUNITIES REEN IER
This Charter is entered into by the WI Department of Natural Resources (DNR)
and 1000 Friends of Wisconsin (1000 Friends), League of WI Municipalities
(League), WI Energy Conservation Corp (WECC), Municipal Environmental
Group (MEG), Center On WI Strategy (COWS), and Individual municipalities that
elect to participate in this Charter (initial municipalities are: Cities of Appleton,
Fitchburg, Bayfield, Middleton, and Village of Weston). All these organizations are
collectively referred to as “Parties”.
Introduction
A. The League, 1000 Friends, MEG, WECC and COWS are statewide non-governmental
organizations prepared to work with the DNR and municipalities to accomplish the goals
of this Charter.
B. The Parties have established goals for this Charter. Together, key issues were
identified that the Parties will work together to address. These key issues center on a
wide range of sustainability practices available to municipalities, and municipal water
resource management. Such a precedent lends support to the Green Tier Charter concept
of better relations between state and local governments and other non-governmental
organizations to achieve common goals that focus on achieving superior environmental
performance.
I.Purpose
The purpose of this Charter is to establish an agreement pursuant to Wis. Stat. §§
299.83(7e) and 66.0301 by which municipalities take actions and share information to
achieve superior environmental performance with regard to one or both of the following
areas: (1) water resources management; and/or (2) sustainability practices.
The term ‘sustainability’ means local governments addressing the needs of the present
while not compromising the ability of future generations to address their needs. It
encompasses a broad framework of interrelated issues that includes environmental
stewardship, economic growth, public health and social equity. Sustainability practices
could include reducing green house gas emissions, reducing municipal energy use, and
developing and implementing a transportation system that reduces total vehicle miles
traveled, increasing access to local foods, and supporting local business development.
Policies in this Charter are intended to be consistent with and complimentary to a
Signatory Municipality’s Comprehensive Plan.
Participating municipalities will select either water resources management or
sustainability practices, or both, but are not required to pursue both components.
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The Charter will achieve superior environmental performance in the following ways:
(1) Municipalities subscribing to the water resources pilot component of this charter will
achieve superior environmental performance by addressing wastewater, stormwater,
drinking water, wetlands, and other water issues in a holistic, watershed-based manner.
Municipalities subscribing to the water resources pilot component of this charter will
prepare, evaluate and implement an overall Water Resources Plan that integrates the
municipality’s full range of water resources issues. This may include some or all of the
following elements:
Wastewater management, including treatment plant compliance, collection system
maintenance and long term sanitary sewer service area planning.
Stormwater management including stormwater quality controls, stormwater
quantity and floodplain management, and integration with DNR permitting.
Integration of rural water management issues, including agricultural drainage
ditch issues and agricultural nonpoint runoff into urban lands within the
watershed.
Navigable waters (Chapter 30, Wis Stats), wetlands, shoreland, floodplains
management including associated habitat issues.
Groundwater management issues including management of groundwater quality,
groundwater quantity and regional recharge issues.
Public water supply issues including drinking water quality and water
conservation and compliance with Safe Drinking Water Act provisions
Water budget issues, including the overall evaluation of water quantity and
quality entering and leaving the watershed considering ground and surface water
issues.
(2) Municipalities subscribing to the sustainability component of this Charter will
initially focus on improving a municipality’s impact on the environment by using the
strategy options listed in Appendix 3 to develop a Sustainability Implementation and
Monitoring Plan. Such an implementation plan may include some or all of the following
elements:
’Build and Buy Green’ strategies and programs.
Strategies to promote environmental stewardship in the private sector.
Transportation policies and actions that increase pedestrians, bicyclists, transit
passengers as a primary mode of transportation, and that are designed to reduce
public per-capita VMT and GHG emissions.
Land use policies and actions that seek to identify, cleanup and redevelop
brownfield sites, promote street connectivity and mixed-use development, and
protect natural resources.
Environmental stewardship, energy efficiency, waste and materials management
policies and the use of renewable fuels to reduce total energy consumption
throughout the community.
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Local government practices that encourage municipal employees to conserve
energy, preserve the environment, and decrease greenhouse gas emissions from
municipal facilities, services, and vehicle fleets.
Encourage residents and businesses to adopt sustainable practices.
(3) All municipalities subscribing to this charter will share information, resources,
technology, and environmental success stories with one another on a regular basis.
II.Background
1. Wisconsin’s Green Tier Program, established by Wis. Stat. § 299.83,
authorizes the Wisconsin Department of Natural Resources (DNR) to issue an
environmental results charter to an association of public or private entities to assist those
entities in achieving superior environmental performance and to assist those entities in
participating in Tier 1 or Tier 2 of the Green Tier Program.
2. In 2007, Governor Jim Doyle created the Global Warming Task Force
(GWTF) in part to develop policy recommendations and identify goals for GHG
reductions and to minimize the economic, environmental, and public health impacts of
global warming. In July 2008, the GWTF issued its Final Report, entitled Wisconsin’s
Strategy for Reducing Global Warming. Recognizing that direct and indirect sources of
GHG emissions fall under the jurisdiction or control of local units of government, the
GWTF Report includes numerous strategies that either directly apply to, or are inherently
reliant upon, local units of government in Wisconsin.
3. Wisconsin’s Comprehensive Planning Law, Wis. Stat. § 66.1001, requires
most political subdivisions in Wisconsin to develop a Comprehensive Plan by January 1,
2010, in order to promote harmonious and coordinated development, meet future needs,
and provide for the general welfare. To assist communities with comprehensive
planning, the Wisconsin Department of Administration operates a Comprehensive
Planning Grant Program.
4. The Wisconsin Office of Energy Independence (OEI) was established in
April 2007 in part to advance the goal of producing 25 percent of Wisconsin’s power and
25 percent of Wisconsin’s transportation fuels from renewable sources by 2025. OEI
serves as the state government point of contact for businesses and local units of
government pursuing energy efficiency and the development of renewable energy. OEI
also identifies, and facilitates applications for, federal, state, and private sources of
funding for energy efficiency and renewable energy projects.
5. The United States Environmental Protection Agency (USEPA), pursuant
to its authorities under the federal Clean Air Act, has initiated (or is expected to soon
initiate) steps to regulate the emission of greenhouse gasses from mobile sources and
major stationary sources. Steps taken by USEPA include issuance of a final rule
requiring the mandatory reporting of GHG emissions by certain source categories (74 FR
1
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56260; October 30, 2009) and issuance of findings that GHG emissions endanger the
public health and welfare, and that emissions of GHGs from mobile sources contribute to
this endangerment (74 FR 66496; December 15, 2009).
6. Many communities in Wisconsin have embraced local sustainability
initiatives, such as The Natural Step Framework, as a means to reduce greenhouse gas
emissions and reduce a community’s overall environmental impact.
7. In light of these varied but overlapping programs aimed at curbing energy
use and GHG emissions and reducing environmental impact at the community level, a
mechanism is needed to facilitate action by local units of government in a manner that
realizes the economic benefits of such reductions and provides municipalities with
recognition for their efforts.
8. Addressing water issues on a holistic basis will result in more efficient use
of both local and state staff and resources, decrease municipal costs, and improve water
quality within the watershed. Existing water programs administered by DNR that directly
impact municipalities include but are not limited to:
Chapter 30, Wis Stats and NR 300, WI Adm. Code series --
Activities in and near navigable waters
NR 216 and NR 151, WI Adm Code -- Municipal Stormwater
Chapter 283 Wis Stat. – Wastewater Discharge Permits
Chapters 280 & 281 Wis Stats.
NR 103 WI Adm Code – Wetlands analysis
NR 115 WI Adm Code -- Shoreland zoning
NR 116 WI Adm Code –Floodplain zoning
NR 117 WI Adm Code - Shoreland Wetland Zoning
NR 809 and NR 811 WI Adm Code – Safe Drinking Water
III.Goals of the Charter
The Goals of this Charter are:
1. To assist municipalities in achieving superior environmental performance in one
or both of the following two areas: (1) water resources management; (2)
0
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sustainability practices; and goals relating to economic development, public
health and social equity; and to recognize their efforts and progress.
2. To improve the quality of life and economic vitality of communities.
3. To help municipalities and the Wisconsin Department of Natural Resources
address wastewater, stormwater, drinking water, wetlands, and other water issues
in a holistic, watershed-based manner.
4. To assist municipalities in preparing, implementing, and improving an overall
watershed plan(s) that integrates the municipality’s full range of water resources
issues.
5. To assist municipalities in preparing, implementing and improving over time a
sustainability plan that reduces a municipality’s impact on the environment.
6. To facilitate access to state and federal funding for projects and activities related
to achieving the purposes of this charter, such as energy efficiency, renewable
energy, GHG reductions, comprehensive planning, transportation policies, and
integrated planning for wastewater treatment, storm water treatment and
management; and drinking water.
7 To realize taxpayer savings through reduced municipal expenditures on motor
vehicle fuels and energy resulting from efficient development patterns
8. To help municipalities comply with various water regulations in a more efficient,
cost effective and flexible manner.
9. To achieve other demonstrable and measurable environmental improvements
beyond what is required by local, state, or federal law.
IV.Charter Signatories
The Signatories to the Charter will include:
1. The Wisconsin Department of Natural Resources (DNR).
2. 1000 Friends of Wisconsin (1000 Friends)
3. League of Wisconsin Municipalities (League)
4. Municipal Environmental Group Wastewater Division (MEG)
5. Individual municipalities that elect to participate in this Charter
/
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6. Center On WI Strategy (COWS)
7. WI Energy Conservation Corp (WECC)
V.Timeframe of Charter
1. Effective Date. This Charter will become effective when signed by DNR, 1000
Friends, the League, MEG-Wastewater, WECC, COWS, and the first municipality to
subscribe to the Charter. New signatories may be added to the charter pursuant to the
process outlined in Appendix I.
2. Duration of Charter. This Charter will remain in effect for five (5) years from the
effective date unless terminated as described below:
(A) The Charter may be extended for additional five (5) year terms with the
written approval of the DNR, and a majority of the signatories of this
Charter.
(B) The Charter may be terminated as a whole either by the DNR, or by a
majority of the signatories of this Charter after 90 days of written notice of
termination.
(C) The water resources component of the Charter may be terminated by the
DNR at the conclusion of the three (3) year pilot program as set forth in
Appendix 2.
(D) Any individual signatory may withdraw themselves from the Charter after
90 days of written notice to each of the members of the Legacy
Communities Steering Committee.
VI.Responsibilities of Signatories
1. The Wisconsin Department of Natural Resources agrees to:
(A) Convene an ad hoc “Resource Team” of agency experts to serve as a
resource for Charter Signatories. Members of the DNR programs
represented on the Resource Team shall assist signatory municipalities as
per Wis. Stats.§299.83 (4m)(e).
(B) Explore and facilitate access to state and federal funding, and the means to
prioritize applications for DNR funding on behalf of Charter Signatories to
further the goals of this Charter.
(C) Provide access to senior DNR officials so that barriers to sustainable
practices may be identified and removed.
.
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(D) Facilitate interagency cooperation.
(E) Provide recognition no less than annually of the participation of Signatory
Municipalities and their accomplishments.
(F) Undertake the additional responsibilities as specified in Appendices to this
Charter.
2. Other Organizational Signatories (1000 Friends, League, MEG-Wastewater, WECC,
and COWS) agree to:
(A)Promote and solicit signatories to the Charter (All).
(B)Organize and convene regular meetings and conference calls of the
Charter signatories (1000 Friends as lead, with assistance from
League and MEG).
(C)Annually assess the impact and effectiveness of the Charter and
report annually to the department on the activities that have been
engaged in under the Charter. This annual report shall be
st
submitted to the DNR by March 31 for the preceding year. (1000
Friends as lead, with assistance from COWS).
(D) Assist with establishing Charter member communication between
members and the DNR (All).
(E) Assist in exploring and alerting municipalities to funding
opportunities available to communities for implementing Charter
activities (1000 Friends as lead with assistance from League).
(F) Assist in drafting future appendices and policies (League as lead,
with input from (All).
(G) Provide technical assistance to the Charter municipalities to
achieve their goals under this Charter. (All)
3. Municipality signatories agree to:
(A)Implement the purposes of this Charter by developing a
Sustainability Implementation and Monitoring Plan and/or a Water
Resources Plan as set forth in Appendix 2, that specify the goals,
policies, and actions the municipality has set for the Charter.
(B)Engage the public and other affected stakeholders in implementing
the goals and measuring the progress of their Charter
commitments, including but not limited to a web site available to
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the public that specifies the goals that the municipality has set for
the Charter, and its policies and action that demonstrate the
progress made in meeting those goals.
(C)Identify and act upon local environmental priorities consistent with
this Charter, while striving in good faith to achieve each of the
Charter’s goals.
(D)Share information, technologies, and strategies used to advance the
Charter’s goals with the other signatories to the Charter.
(F) Annually report to the Organizational Signatories the progress
made in achieving the goals to improve the municipality’s overall
Sustainability Implementation and Monitoring Plan and /or Water
Resources Plan (see A. above).
VII.Governance Provisions
Implementation of this Charter will be coordinated and overseen by a Legacy
Communities Green Tier Steering Committee. Membership of the steering committee
shall consist of one person from each of the following organizations: 1000 Friends of
Wisconsin, League of Wisconsin Municipalities, Wisconsin Department of Natural
Resources, Municipal Environmental Group – Wastewater; WECC, and Center On WI
Strategy, and up to four representatives of the signatory municipalities.
VIII.General Provisions
A. APPLICABLE LAW AND EFFECT OF CHARTER.
Wisconsin law governs this Charter. Nothing in this Charter is intended to be
contradictory to or inconsistent with applicable Federal, State and Local laws, ordinances,
regulations, or environmental standards in effect during the period of this Charter. This
Charter does not bind the State Legislature and their actions affecting the Wisconsin
Department of Natural Resources.
B. SEVERABILITY.
All covenants, terms and conditions contained herein are severable, and in the event any
competent court or agency shall hold any of them invalid, this Charter shall be interpreted
as if such invalid covenants, terms or conditions were not contained herein. However,
each Signatory shall have the right to terminate its participation in this Charter following
the severing of any portion of this Charter.
C. AMENDMENT.
This Charter may be amended only in writing by agreement of the Legacy Communities
Green Tier Steering Committee and the DNR. Any amendment shall be consistent with
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and in furtherance of the objectives, terms, and conditions of this Charter. If an
Amendment will increase the number or scope of provisions in this Charter, or materially
alter the level and type of environmental performance, then the Wisconsin Department of
Natural Resources shall provide an additional public notice and may provide an
additional public information meeting as required by law.
D. REMOVAL OF SIGNATORY.
If any signatory fails to fulfill their obligations under this Charter in a timely or proper
manner, or violates any of its provisions, the violating party may be removed from the
Charter by agreement of both the DNR and the Legacy Communities Green Tier Steering
Committee. The violating signatory must be given thirty (30) days written notice of
removal, specifying the alleged violations, and the effective date of the removal of the
violating party. If the violating party cures their violation within the thirty (30) days they
shall not be removed from the Charter.
E. RESIGNATION OF CHARTER MEMBER(S).
Any municipal signatory to this Charter may resign from the Charter upon written notice
to all other signatories.
F. TECHNICAL CONTACT.
Each signatory to this Charter shall provide, in writing to every other signatory, the name
and contact information for an individual who will serve as the contact for purposes of
this Charter. The contact shall serve as the primary contact person for all negotiations,
agreements, and conflicts that may arise under this Charter and the signatories agree to
communicate and work through these contacts to the fullest extent practicable. If the
contact changes for a signatory, that signatory will notify all other signatories of the
change and identify the new contact as soon as possible, preferably within 5 business
days.
G. DISPUTE RESOLUTION.
The Legacy Communities Green Tier Steering Committee and the DNR will function as
arbitrators for dispute resolution among the technical staff of all signatories.
IX.Warranty of Authority
Each of the persons signing below represents and warrants that they have the authority to
execute this Charter on behalf of the party for which they sign.
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X.Signatures
Warranty of Authority.
Each of the persons signing below represents and warrants that
they have the authority to execute this Charter on behalf of the party for which they sign.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
By/s/______________________
Matthew J. Frank, Secretary
1000 FRIENDS OF WISCONSIN
By/s/________________________
Steve Hiniker, Executive Director
LEAGUE OF WI MUNICIPALITIES
By/s/________________________
Dan Thompson, Director
MUNICIPAL ENVIRONMENTAL GROUP WASTEWATER DIVISION
By/s/________________________
Wally Thom, President
CENTER ON WISCONSIN STRATEGY
By/s/________________________ __________________________
Joel Rogers, Director Darrell Bazzell, Vice Chancellor for
Administration University of WI.
WI ENERGY CONSERVATION CORPORATION
By/s/_________________________
Mary Schlaefer, Executive Director
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Warranty of Authority.
Each of the persons signing below represents and warrants that
È
they have the authority to execute this Charter on behalf of the party for which they sign
CITY OF MIDDLETON
By/s/________________________ _______________________
Kurt Sonnentag, Mayor City Clerk
CITY OF BAYFIELD
By/s/________________________ _______________________
Larry MacDonald, Mayor City Clerk
CITY OF FITCHBURG
By/s/________________________ _______________________
Jay Allen, Mayor City Clerk
CITY OF APPLETON
By/s/________________________ _______________________
Tim Hanna, Mayor City Clerk
VILLAGE OF WESTON
By/s/_______________________ _______________________
Fred Schuster, President Village Clerk
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APPENDIX I - NEW SIGNATORIES TO THE CHARTER
It is the intention that this Charter be structured to allow for expansion of new signatories
consistent with the Environmental Results Program under s. 299.83, Stats.; except that the
water resources component shall be a pilot program limited to no more than 2 or 3 of the
original signatories and for a period of three years unless extended following pilot review.
1. Review Prior to Adding New Signatories
The Steering Committee will meet with theDNR Resources Team or a delegate of that team to
evaluate the water resources and sustainability components of this Charter.
In addition, the review of the water resources component shall include review by the Water
Division Administrator and Bureau Directors within the Division in accordance with the pilot
evaluation criteria in Appendix 2, and they shall make a recommendation to the Secretary on
whether the pilot should be expanded, modified, or discontinued. The Secretary shall
determine whether new Participants can be added to the water resources component of the
charter or whether the charter should be modified prior to the addition of new Participants.
2. Procedure for Adding New Signatories.
All potential new Participants will complete a Wisconsin Department of Natural Resources
approved application prior to requesting to become a Signatory to the Charter. A new Charter
signatory will indicate at the time of application which of the available components they will
pursue. New Signatories will be considered as follows:
A. A party wishing to become a signatory will submit a completed application
requesting consideration to the DNR and the Legacy Communities Green Tier
Steering Committee. The application will commit the party to meeting the
requirements of the Charter and applicable appendices and will provide the
following:
1) a schedule for implementing its program, 2) a commitment to assign the resources
necessary to participate in the Charter, and 3) the identity of a technical point
of contact and a contact person intended to serve as the new signatory's
representative.
B. The DNR, and the Legacy Communities Green Tier Steering Committee will
establish a new process for accepting new applicants to the charter.
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C. In reviewing the request, the DNR and the Legacy Communities Green Tier
Steering Committee will evaluate the party’s ability to meet the requirements
of the Charter. Subject to the provisions of paragraph 1, the DNR and the
Legacy Communities Green Tier Steering Committee may add additional
requirements to a potential new signatory as it deems appropriate.
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APPENDIX 2 – WATER RESOURCES PILOT PROGRAM COMPONENT
The purpose of the Water Resources Pilot Program of the Legacy Community is to
evaluate ways in which municipalities can achieve superior environmental performance
by addressing water issues in a holistic manner and in a collaborative relationship with
the Department of Natural Resources. The proposal set forth below is a pilot for a
possible statewide program that will be subject to evaluation as set forth in Appendix 1,
before expanded.
I. Obligations of Municipal Participants
The goal of the Water Resources Pilot Program is to reward and incentivize
municipalities to look at water resource issues in their community on a holistic basis
through comprehensive water planning and cooperative arrangements with the DNR.
A. Water Resources Plan
(1) To be eligible to participate in the Water Resources component of
the Legacy Community Charter, a municipality must agree to
prepare a plan addressing water resources in its community in
conformity with this section.
(2) Water resources within the Municipality. The water resources plan
should integrate the municipality’s full range of water resource
issues. The plan shall identify community goals and priorities for
improving water resources within the municipality. The following
elements must be addressed, and if not applicable, a brief
explanation why it’s not applicable:
Wastewater management, including treatment plant
compliance, collection system maintenance and long term
sewer service area planning.
Stormwater management including stormwater quality
controls, stormwater quantity and floodplain management, and
integration with DNR permitting.
Integration of rural water management issues, including
agricultural drainage ditch issues and agricultural nonpoint
runoff into urban lands within the watershed.
Navigable waters (chapter 30), wetlands, shoreland and
floodplains management including associated habitat issues.
Groundwater management issues including management of
groundwater quality, groundwater quantity and regional
recharge issues.
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Public water supply issues including drinking water quality,
water conservation and compliance with Safe Drinking Water
act provisions
Water budget issues, including the overall evaluation of water
quantity and quality entering and leaving the watershed
considering ground and surface water issues.
(3) Water Resources outside the Municipality. In evaluating the water
resource issues within the community as set forth above, the
municipality shall also identify areas in which water resource
issues within its watershed involve water resource issues outside of
its boundaries, and potential opportunities for inter-governmental
approaches to address such issues.
(4) Plan Preparation. In developing a plan, municipalities should
utilize existing water related planning documents and consult with
the DNR and any County or regional planning agencies to ensure
that existing relevant land and water resource plans have been
identified and integrated into the municipal water plan. Such plans
may include DNR Basin Plans, County Land and Water
Conservation Plans, and plans of adjacent municipalities. In
addition, the municipality shall consult with DNR to determine
whether any additional areas require development.
(5) Priorities Beyond Compliance. The plan shall identify those items
which must be addressed to achieve compliance with permits or
regulatory requirements. In addition the Plan shall identify
projects and establish a set of priorities for addressing other water
resource issues within the community that are not otherwise
required by DNR, local or federal laws.
(6) Plan Review. Upon completion of the plan the municipality shall
meet with the DNR to review whether the plan adequately
addresses the components set forth above.
B. Water Star Review
Concurrently with the development of the Water Resources Plan the
municipality shall evaluate its existing programs through the use of the
Water Star evaluation available at http://www.waterstarwisconsin.org. A
municipality shall achieve at least a “bronze” status to be eligible to
participate in the Legacy Community Charter.
C. Program Integration and Coordination with DNR
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(1) Recognizing the regulatory functions municipalities serve, the
municipality shall meet with DNR to determine whether there are
opportunities for integration of municipal and state water programs
or staff. Such opportunities could include: municipal assistance
on education, permitting, inspection and enforcement; integration
of education materials and permit applications; or certification of
municipal staff with respect to certain water review functions.
Implementation of any such opportunities shall be with mutual
consent and subject to separate cooperative agreements.
(2) The municipality shall participate in a review with DNR at a
schedule to be determined by the parties but at least 2 times per
year during the pilot to: (a) identify significant water related
projects within the municipality (either by the municipality or third
parties if known); (b) review any permitting or compliance issues;
(c) review the status of any cooperative agreements; and (d)
identify any areas requiring additional planning or program
integration. If more than one municipality in a DNR region is
participating, then such meetings can, at the option of the DNR, be
held concurrently.
(3) The municipality and the DNR shall develop a stakeholder group
of organizations interested in water resource issues in the
municipality such as the County, environmental advocacy groups
and other interested parties and include such groups in the review
meetings under Section I. C. (2).
II. Obligations of DNR
A. Single Point of Contact.
The Department shall designate a person to serve as a single point of
contact along with a backup person. The single point of contact shall have
experience in two or more water programs and serve in a supervisory
capacity. Such a person can be from the region or central office at the
option of the Department. During the pilot period, the Department’s
representative will be the Regional Water Leader.
B. Assistance and Coordination with the Municipality.
(1) The Department shall review and comment on the municipal Water
Resources Plan as set forth in para I.A.
(2) The Department shall meet with the municipality for purposes of
identifying areas of program integration of municipal and state
water programs or staff as set forth in para I.C.
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C. Regulatory Coordination and Flexibility for Municipal Projects
When the municipality is proposing a project that requires one or more
water permits from the DNR, the DNR’s Single Point of Contact shall
undertake the following:
(1) To the extent practical, coordinate the permits within the DNR so
that all such water permits are reviewed concurrently on an
integrated timetable;
(2) Supervise the review of the permits to ensure that the project and
its impacts are reviewed in the context of the existing statutory
standards, the impacts to the watershed as a whole, the goals of the
municipal project and the municipality’s Water Resources Plan;
(3) Foster a “problem solving” approach with respect to permitting or
enforcement issues that recognizes both the municipality’s record
under this Charter, and the Department’s flexibility in existing
permitting standards and the Department’s enforcement discretion;
(4) Facilitate resolution of disputes between DNR staff or between
DNR staff and the municipality.
III. Pilot Evaluation
A. At the conclusion of 30 months from the date of this Charter, each
municipality shall prepare a summary of its work under this Charter that shall:
(1) Describe the status of its Water Resources Plan under I.A
(2) Indentify any areas of program integration with DNR under I. C.,
and describe any such programs.
(3) Identify any water resources projects under taken pursuant to the
Water Resources Plan not otherwise required by DNR, local and or
other federal laws.
(4) Describe any water resources permits obtained by the municipality
and identify whether and to what extent the Charter impacted the
permitting process including a consideration of the following:
The permit review process included consideration of the Water
Resources Plan and watershed based impacts
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If the project involved multiple water permits, the permit
processing and permit comment and hearings were
coordinated.
Permit issues were resolved with the assistance of the single
point of contact.
Which federal, state, and local standards were exceeded.
B. Evaluation Options for Additional Points on Grant Applications
The DNR and the municipality shall evaluate whether participation in this
Charter warrants consideration in competitive water resources grants
administered by the Department and report back to the Green Tier
Steering Committee with recommendations regarding such grants.
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APPENDIX 3 – SUSTAINABILITY STRATEGY OPTIONS
See Excel spreadsheet.
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CITY OF JANESVILLE
CITY ATTORNEY’S OFFICE
Tuesday, June 19, 2012
MEMORANDUM
TO: Common Council
FROM: Wald Klimczyk, City Attorney
LEGAL HIGHLIGHTS
RE: Legacy Charter DNR Green Tier Community Agreement –
The Legacy Charter is governed by Wis. Stats. § 299.83 and is a legally binding
and enforceable contract. See Wis. Stats. §§ 299.83 (1)(e) and (6)(jm
The Legacy Charter adopts International Organization of Standardization (ISO)
standard 14001, incorporated by reference into and made a part of the proposed
There are two components to the DNR Green Tier Communities Legacy Charter:
(1) Water Resources Management, and (2) General Sustainability.
Janesville’s participation is intended to be limited to the second component only:
“Sustainability.”
Proposed Council File Resolution No. 2012 – 917, however, does not distinguish
between the two components and, therefore, authorizes and obligates the City of
Janesville to participate in both components of the Legacy Charter.
If the Council desire participation only in the Sustainability (Second component),
then it is recommended that Resolution No. 2012- 917 be amended to so indicate
that limitation.
The provisions for unilateral withdrawal as a Signatory from the Legacy Charter
appear in two sections.
First, withdrawal as a Signatory from the Charter is addressed in Section
o
V. Timeframe of Charter, 2.(D): “(D) Any individual signatory may
withdrawal themselves from the Charter after 90 days written notice to
each of the members of the Legacy Communities Steering Committee.”
There is a second section that addresses “Municipalities” appearing in
o
Section VIII. E., “Resignation of Charter Member(s). “Any municipal
signatory to this Charter may resign from the Charter upon written notice
to all other signatories.”
The Charter, however, is silent as to what, if any, penalties or other
consequences might befall a unilaterally withdrawing municipality.
CITY OF JANESVILLE
CITY ATTORNEY’S OFFICE
Tuesday, June 5, 2012
MEMORANDUM
TO: Common Council
FROM: Wald Klimczyk, City Attorney
RE: Legacy Charter DNR Sustainability Green Tier Community Agreement
Legal Review, Analysis, Comments
FACTS
The Wisconsin Department of Natural Resources (DNR) implements a two-prong
sustainability program, pursuant to the Legislative initiative set forth in Wis. Stats.
§299.83: (1) a Water Resources Pilot Program, and (2) a General Sustainability
Practices component. There are two tiers to the latter General Sustainability
component.
The Janesville Common Council are contemplating forming a partnership with the DNR
by entering into a proposed Legacy Charter comprised of four components: A main
agreement and three appendices that enumerate the obligations and benefits accruing
to each party (“Signatory”) – the DNR and, to date, five (5) Wisconsin municipalities.
The DNR boilerplate Legacy Charter can be found in its entirety at:
See:http://dnr.wi.gov/topic/GreenTier/Participants/Charters/LegacyCharter.pdf
See also Management Analyst’s May 29, 2012, Council Agenda cover memorandum to
Council for additional information and details.
At their regularly scheduled second meeting of the month occurring Tuesday, May 29,
2012 (the fourth Monday fell on Memorial Day in 2012), as New Business Agenda Item
No. 2., the Council reviewed and considered proposed Council File Resolution No.
2012-917 (copy attached), authorizing the City of Janesville to enter into an Agreement
with the Wisconsin Department of Natural Resources to become a Green Tier Legacy
Community. The Council asked and expressed various questions and concerns, certain
of which are addressed below.
The Council postponed consideration and action until such time as the Management
Analyst and City Administration obtained and provided to the Council additional
1
information concerning the proposed Legacy Charter and the Council’s various
questions and concerns.
Links and language were provided for analysis and review on Monday, June 6, 2012.
Some comes from Laurel C. Sukup at the DNR. In Ms. Sukup’s Friday, June 1, 2012,
7:01 o’clock a.m. email to Al Hulick, Ms. Sukup highlights that, at this time, prior to the
DNR allowing the City of Janesville becoming a Signatory to the Legacy Charter, the
Common Council must comply with the “Procedure for Adding New Signatories.”
Additional Factual Background
“A. The League, 1000 Friends, MEG, WECC and COWS are statewide non-governmental
organizations prepared to work with the DNR and municipalities to accomplish the goals
of this Charter.
“B. The Parties have established goals for this Charter. Together, key issues were
identified that the Parties will work together to address. These key issues center on a
wide range of sustainability practices available to municipalities, and municipal water
resource management. Such a precedent lends support to the Green Tier Charter concept
of better relations between state and local governments and other non-governmental
organizations to achieve common goals that focus on achieving superior environmental
performance.
I. Purpose
“
“The purpose of this Charter is to establish an agreement pursuant to Wis. Stat. §§
299.83(7e) and 66.0301 by which municipalities take actions and share information to
achieve superior environmental performance with regard to one or both of the following
areas: (1) water resources management; and/or (2) sustainability practices.
“The term ‘sustainability’ means local governments addressing the needs of the present
while not compromising the ability of future generations to address their needs. It
encompasses a broad framework of interrelated issues that includes environmental
stewardship, economic growth, public health and social equity. Sustainability practices
could include reducing green house gas emissions, reducing municipal energy use, and
developing and implementing a transportation system that reduces total vehicle miles
traveled, increasing access to local foods, and supporting local business development.
Policies in this Charter are intended to be consistent with and complimentary to a
Signatory Municipality’s Comprehensive Plan.
“The Charter will achieve superior environmental performance in the following ways:
“(1) Municipalities subscribing to the water resources pilot component of this charter will
achieve superior environmental performance by addressing wastewater, stormwater,
drinking water, wetlands, and other water issues in a holistic, watershed-based manner.
Municipalities subscribing to the water resources pilot component of this charter will
2
prepare, evaluate and implement an overall Water Resources Plan that integrates the
municipality’s full range of water resources issues.
“(2) Municipalities subscribing to the sustainability component of this Charter will
initially focus on improving a municipality’s impact on the environment by using the
strategy options listed in Appendix 3 to develop a Sustainability Implementation and
Monitoring Plan. Such an implementation plan may include some or all of the following
elements:
♦
’Build and Buy Green’ strategies and programs.
♦
Strategies to promote environmental stewardship in the private sector.
♦
Transportation policies and actions that increase pedestrians, bicyclists, transit
passengers as a primary mode of transportation, and that are designed to reduce
public per-capita VMT and GHG emissions.
♦
Land use policies and actions that seek to identify, cleanup and redevelop
brownfield sites, promote street connectivity and mixed-use development, and
protect natural resources.
♦
Environmental stewardship, energy efficiency, waste and materials management
policies and the use of renewable fuels to reduce total energy consumption throughout the
community.
♦
Local government practices that encourage municipal employees to conserve
energy, preserve the environment, and decrease greenhouse gas emissions from
municipal facilities, services, and vehicle fleets.
♦
Encourage residents and businesses to adopt sustainable practices.
“(3) All municipalities subscribing to this charter will share information, resources,
technology, and environmental success stories with one another on a regular basis.
“Participating municipalities will select either water resources management or
sustainability practices, or both, but are not required to pursue both components.”
DISCUSSION
The Legacy Charter with Appendices is a Legally Binding Agreement
The proposed Green Tier Community Sustainability Legacy Charter with appendices is
a legally binding and enforceable contract. See Wis. Stats. §§ 299.83 (1)(e) and (6)(jm).
It also says so in the Charter itself.
The DNR considers the Charter a legally binding and enforceable agreement, too.
3
legally binding contracts
“… all organizations and sectors enter into that address
multiple environmental goals. These entities would be able to set a series of
commitmentsgo beyond the regulatory requirements
that set by local, state, and
federal government agencies, and to put in place agreements…”
highlighted
(See also the and underlined DNR language quoted more fully below).
See also Wis. Stats. § 299.83(1)(dg) adopting International Organization of
Standardization (ISO) standard 14001, incorporated by reference into and made a part
of the proposed Charter. (See also http://www.iso.org/iso/home.html and the ISO
Strategic Plan at http://www.iso.org/iso/iso_strategic_plan_2011-2015.pdf ).
File Resolution No. 2012-917 Authorizes
Janesville’s Participation in Both Charter Components
There are two components to the DNR Green Tier Communities Legacy Charter: (1)
Water Resources Management, and (2) General Sustainability.
Management Analyst Al Hulick indicates in a June 4, 2012, email that the
Administration’s proposal is that Janesville is limiting its proposed participation to the
second component only: “Sustainability.”
“We will be participating in JUST the General Sustainability Component of the charter at this
time.”
Proposed Council File Resolution No. 2012 – 917, however, on its face does not
distinguish between the two components and, therefore, authorizes and obligates the
City of Janesville to participate in both components of the Legacy Charter. If the Council
desire participation only in the Sustainability (Second component), then it is
recommended that Resolution No. 2012- 917 be amended to so indicate that limitation.
If the desire of the Council is to authorize Janesville participation in both components,
then Proposed File Resolution No. 2012-917 may remain in the form and substance as
originally presented to the Council as New Business Agenda Item No. 2, on Tuesday,
May 29, 2012.
In her June 1, 2012, email, Ms. Sukup emphasizes that it is in the DNR application form
that the City of Janesville would indicate participation in the latter component only –
Sustainability – at this time, and not the Water Quality component, too. Limitation of the
City’s participation would need to be addressed adequately in that critical document,
too.
Management Analyst Hulick points out in a June 5, 2012, email:
4
“
If I understand correctly, there isn’t an “application” per say. What Laurel from the DNR
indicated in her email was as follows:
“As of now, the "application" that is referred to in the following language is simply a letter of intent
on your part that you are - in your case - applying for and wish to be included in the sustainability
tract of the charter, are able to provide a baseline assessment of your community against
Appendix 3, as well as a schedule for implementing its program, that you will commit resources
and will identify someone to be the point person.”
“So I believe the resolution that I prepared for the item at the last meeting would probably
suffice if we included a cover letter with it and completed the Appendix 3.
“That is how I understand what Laurel wrote in her email.”
Janesville Common Council Committing to Certain Current and
Future Activities and Funding by Entering the Charter
By entering into the proposed Green Tier Legacy Community Charter, the Common
Council of the City of Janesville would be committing to the expenditure of certain
resources, finances, and funding, and to taking certain actions, as set forth in the
Charter itself and those obligations enumerated at is set forth in the three Appendices,
which are just as binding and a part of the Legacy Charter as the main section.
DNR Representative Sukup, in her June 1, 2012, email, also points out that by entering
into the Legacy Agreement, the City of Janesville, by submitting the application [in the
manner set forth in Wis. Stats. § 299.83(6)(a)], will, in part, commit itself as follows:
“New Signatories will be considered as follows:
“A. A party wishing to become a signatory will submit a completed application
requesting consideration to the DNR and the Legacy Communities Green Tier
Steering Committee. The application will commit the party to meeting the
requirements of the Charter and applicable appendices and will provide the
following:
“1) a schedule for implementing its program, 2) a commitment to assign the resources
necessary to participate in the Charter, and 3) the identity of a technical point
of contact and a contact person intended to serve as the new signatory's
representative.”
Withdrawal From Charter by a Municipality
The provisions for unilateral withdrawal as a Signatory from the Legacy Charter appear
in two sections.
First, withdrawal as a Signatory from the Charter is addressed in Section V. Timeframe
of Charter, 2.(D): “(D) Any individual signatory may withdrawal themselves from the
5
Charter after 90 days written notice to each of the members of the Legacy Communities
Steering Committee.” That appears on Page 6 of the proposed Legacy Charter.
There is a second section that addresses “Municipalities” appearing in Section VIII. E.,
“Resignation of Charter Member(s). “Any municipal signatory to this Charter may resign
from the Charter upon written notice to all other signatories.”
This more specific provision concerning withdrawal by a municipal Signatory does not
contain any ninety (90) day time frame, so the presumption is that such withdrawal by a
Signatory is effective upon execution and/or perhaps delivery of the notice of
withdrawal.
Either way, there is no requirement in either Legacy Charter subsection that the DNR
and/or any other Signatory agreeing to a municipality’s withdrawal before such
withdrawal takes effect.
DNR Representative Sukup quotes Subsection VIII. E.:
“E. RESIGNATION OF CHARTER MEMBER(S).
“Any municipal signatory to this Charter may resign from the Charter upon written notice
to all other signatories.”
Ms. Sukup also quotes:
“B. SEVERABILITY.
“All covenants, terms and conditions contained herein are severable, and in the event any
competent court or agency shall hold any of them invalid, this Charter shall be interpreted
as if such invalid covenants, terms or conditions were not contained herein. However,
each Signatory shall have the right to terminate its participation in this Charter following
the severing of any portion of this Charter.
“D. REMOVAL OF SIGNATORY.
“If any signatory fails to fulfill their obligations under this Charter in a timely or proper
manner, or violates any of its provisions, the violating party may be removed from the
Charter by agreement of both the DNR and the Legacy Communities Green Tier Steering
Committee. The violating signatory must be given thirty (30) days written notice of
removal, specifying the alleged violations, and the effective date of the removal of the
violating party. If the violating party cures their violation within the thirty (30) days they
shall not be removed from the Charter.”
Clearly, a Wisconsin municipal Signatory can be removed for the “cause” set forth in
those provisions.
6
Penalties, Consequences From Unilateral Withdrawal,
Failure to Perform, Environmental and Other Violations
The Charter, however, is silent as to what, if any, penalties or other consequences
might befall a unilaterally withdrawing municipality.
A DNR website indicates that penalties and consequences are contemplated under the
Legacy Charter for certain violations, failure to comply or perform, and perhaps even
unilateral withdrawal.
the contract is the enabling and committing legal instrument
“Under Green Tier,
sanctions for shortfalls.”
used to trigger rewards for achievements or
That language is quoted more fully below under General Discussion and appear at the
DNR website:
http://dnr.wi.gov/topic/GreenTier/Participants/Charters/LegacyCharter.pdf
Also see Wis. Stats. § 299.83(1)(h). “
(h)
"Violation" means a violation of an environmental
requirement.”
But the Legacy Charter does not enumerate penalties, consequences, or other
enforcement methods available to the DNR against non-complying municipalities other
than the removal for cause language (see above).
That does not mean that the DNR would not have legal or equitable means to enforce
or penalize non-compliance, early or unilateral withdrawal, or recovery funds expended
by the State or provided to Janesville by in reliance upon the City’s ongoing contractual
membership. The applicable statutes (See Chapter 299), Administrative Codes, and
unregulated areas could pertain.
Most of Wis. Stats. § 299.83 provides for incentives and rewards for municipal
participation. See § 299.83(1m)(1) and (c) [copied in attachment].
There are penalties, civil enforcement, self-reporting of violations, compliance reports,
compliance schedules, violation reports, deferred civil enforcement, and related
remedies discussed in Wis. Stats. § 299.83(6m).
General Discussion
Green Tier Program
“The is designed to better focus environmental protection work
with communities and industries and to provide legal standing for that work comparable
to that of the current regulatory system. Under Green Tier, all organizations and sectors
legally binding contracts
could enter into that address multiple environmental goals.
commitmentsgo beyond the
These entities would be able to set a series of that
regulatory requirements
set by local, state, and federal government agencies, and to
agreements
put in place that will make it easier for these entities to meet specified
7
commitmentsGreen Tier would use three major
while improving their operations.
tools:
Environmental Charters:
Environmental charters are granted to persons and
define the scope of responsibility, activities, authorities and services to achieve
superior environmental performance. They may be organized around land areas,
watersheds, air-sheds, forests, political subdivisions, activities, trade or business
sectors, products, occupations, supply chains, emission categories, species,
biological concepts or on any other basis to achieve superior performance. Under
the Charter is the empowering legal instrument
Green Tier, that gives standing to
a party to get things done.
Environmental Contracts:
Environmental contracts are enforceable contracts
entered into by the state that specify the commitments to superior environmental
performance on the part of the contracting parties. In some cases, the state or
others might commit incentives or support that is proportional to the goals and
the contract is the enabling and
accomplishments. Under Green Tier,
committing legal instrument
used to trigger rewards for achievements or
sanctions for shortfalls.
Environmental Management Systems:
Environmental management systems are
business systems focused on achieving environmental results. They are organized
commit resources to those goals
sets of procedures that identify goals, , monitor
progress and continuously improve performance. These systems will produce
helpful performance data used to report progress toward Green Tier environmental
goals.
Green Tier’s incentives
include regulatory flexibility, streamlining, technical assistance,
single point of DNR contact, recognition and use of Green Tier or Green Star logos for
public relations and marketing purposes. In addition, Green Tier would align with the
U.S. Environmental Protection Agency's new Performance Track that will provide
federal regulatory incentives. In the intermediate future, officials in the Administration
and Congress indicate Green Tier may influence a new generation of environmental law
now under discussion. With a greater interest in the states, Green Tier would position
Wisconsin to influence the national debate.
The Green Tier Committee
Committee members worked diligently to
agree on the concepts used for drafting
legislative language. The Committee will
support the future law presuming two things:
1.
That the statutory language accurately
reflects their negotiated agreement;
8
2
. That an appropriation accompanying the proposal enables businesses,
environmentalists and agencies to credibly implement it and that resources are not
inappropriately reassigned from other programs (which would unnecessarily invite
the suggestion there was a relaxing of environmental protection).
Fiscal and staff resources
needed to carry out the program include an increase of 5.0
FTE SEG positions in the Department of Natural Resources to implement the Green
Tier Program as well as a $300,000 grant program.
Next Steps for Green Tier Program -
The Green Tier Committee's proposal was
transmitted to the Legislature on June 12, 2001 for consideration as a separate bill to be
introduced in the current session of the Legislature.
More Information -
Details about the Green Tier proposal, its legislative progress and
the Committee's work can be found on the DNR Web site at
www.dnr.state.wi.us/org/caer/cea/green_tier/index.htm
Questions may be directed to the Bureau of Cooperative Environmental Assistance,
608-267-3125.
http://dnr.wi.gov/topic/GreenTier/Participants/Charters/LegacyCharter.pdf
Removal for cause would be possible for both components.
SUMMARY
There are two provisions in the proposed sustainability Legacy Charter with the DNR
that separately enable the City of Janesville, as a signatory, to unilaterally withdraw
from the Charter – one requiring ninety (90) days prior written notice to all other
signatories and one without any prior notice requirement. In neither event is permission
from the other signatories required before the City’s withdrawal can take effect. The
Charter, however, is silent as to what, if any, penalties a municipality might incur from
the DNR for withdrawal.
The proposed Legacy Charter with its three appendices contains numerous City of
Janesville activity, performance, funding, and expenditure commitments, obligations,
and promises on its face. By entering into the Charter, Janesville is expressly
undertaking those promises and obligations, some without the need for future Council
action; some potentially requiring future Council action.
wk
cc: Eric J. Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Asst. City Manager
Al Hulick, Management Analyst
Attachments
Attorney/Shared/Legacy Charter Green Tier DNR Sustainability Wald Memo 060412.doc
9
Wis. Stats. § 299.83
299.83 Green Tier Program.
(1)
D. In this section:
EFINITIONS
(a)
"Covered facility or activity" means a facility or activity that is included, or intended to be
included, in the program.
(b)
"Environmental management system" means an organized set of procedures to evaluate
environmental performance and to achieve measurable or noticeable improvements in that environmental
performance through planning and changes in operations.
(bm)
"Environmental management system audit" means a review, of an environmental management
system, that is conducted in accordance with standards and guidelines issued by the International
Organization for Standardization and the results of which are documented and are communicated to
employees of the entity whose environmental management system is reviewed.
(c)
"Environmental performance," unless otherwise qualified, means the effects, whether regulated
under chs. 29 to 31, 160, or 280 to 299 or unregulated, of a facility or activity on air, water, land, natural
resources, and human health.
(d)
"Environmental requirement" means a requirement in chs. 29 to 31, 160, or 280 to 299, a rule
promulgated under one of those chapters, or a permit, license, other approval, or order issued by the
department under one of those chapters.
(dg)
"Functionally equivalent environmental management system" means an environmental
management system that is appropriate to the nature, scale, and environmental impacts of an entity's
activities, products, and services and that includes all of the following elements and any other elements
that the department determines are essential elements of International Organization for Standardization
standard 14001:
1.
Adoption of an environmental policy that includes a commitment to compliance with
environmental requirements, pollution prevention, and continual improvement in environmental
performance and that is available to the public.
2.
An analysis of the environmental aspects and impacts of an entity's activities.
3.
Establishment and implementation of plans and procedures to achieve compliance with
environmental requirements and to maintain that compliance.
4.
Identification of all environmental requirements applicable to the entity.
5.
A process for setting environmental objectives and developing appropriate action plans to meet
the objectives.
5m.
Establishment, implementation, and maintenance of resources, roles, and responsibilities for
establishing, implementing, maintaining, and improving the environmental management system.
6.
Establishment of a structure for operational control and responsibility for environmental
performance.
7.
Establishment, implementation, and maintenance of an employee training program to develop
awareness of and competence to manage environmental issues.
8.
A plan for taking actions to prevent environmental problems and for taking emergency response
and corrective actions when environmental problems occur.
9.
A communication plan for collaboration with employees, the public, and the department on the
design of projects and activities to achieve continuous improvement in environmental performance.
10.
Procedures for control of documents and for keeping records related to environmental
performance.
10
10g.
Establishment, implementation, and maintenance of procedures to monitor and measure, on a
regular basis, key characteristics of an entity's operations that can have a significant environmental
impact.
10r.
Establishment, implementation, and maintenance of procedures for periodically evaluating
compliance with applicable environmental requirements.
11.
Environmental management system audits.
12.
A plan for continually improving environmental performance and provision for senior
management review of the plan.
(dr)
"Outside environmental auditor" means an auditor who is functionally or administratively
independent of the facility or activity being audited, but who may be employed by the entity that owns the
facility being audited or that owns the unit that conducts the activity being audited.
(e)
"Participation contract" means a contract entered into by the department and a participant in tier II
of the program, and that may, with the approval of the department, be signed by other interested parties,
that specifies the participant's commitment to superior environmental performance and the incentives to
be provided to the participant.
(f)
"Program" means the Green Tier Program under this section.
(g)
"Superior environmental performance" means environmental performance that results in
measurable or discernible improvement in the quality of the air, water, land, or natural resources, or in the
protection of the environment, beyond that which is achieved under environmental requirements and that
may be achieved in ways that include all of the following:
1.
Limiting the discharges or emissions of pollutants from, or in some other way minimizing the
negative effects on air, water, land, natural resources, or human health of, a facility that is owned or
operated by an entity or an activity that is performed by the entity to an extent that is greater than is
required by applicable environmental requirements.
2.
Minimizing the negative effects on air, water, land, natural resources, or human health of the raw
materials used by an entity or of the products or services produced or provided by the entity to an extent
that is greater than is required by applicable environmental requirements.
3.
Voluntarily engaging in restoring or preserving natural resources.
4.
Helping other entities to comply with environmental requirements or to accomplish the results
described in subd. 1. or 2.
5.
Organizing uncoordinated entities that produce environmental harm into a program that reduces
that harm.
6.
Reducing waste or the use or production of hazardous substances in the design, production,
delivery, use, or reuse of goods or services.
7.
Conserving energy or nonrenewable natural resources.
8.
Reducing the use of renewable natural resources through increased efficiency.
9.
Adopting methods that reduce the depletion of, or long-term damage to, renewable natural
resources.
(h)
"Violation" means a violation of an environmental requirement.
(1m)
A. In administering the program, the department shall attempt to
DMINISTRATION OF PROGRAM
do all of the following:
(a)
Promote, reward, and sustain superior environmental performance by participants.
(b)
Promote environmental performance that voluntarily exceeds legal requirements related to health,
safety, and the environment and that results in continuous improvement in this state's environment,
economy, and quality of life.
(c)
Provide clear incentives for participation that will result in real benefits to participants.
11
(d)
Promote attention to unregulated environmental problems and provide opportunities for
conservation of resources and environmental restoration by entities that are subject to environmental
requirements and entities that are not subject to environmental requirements.
(e)
Make the program compatible with federal programs that create incentives for achieving
environmental performance that exceeds legal requirements.
(f)
Increase levels of trust, communication, and accountability among regulatory agencies, entities
that are subject to environmental requirements, and the public.
(g)
Reduce the time and money spent by regulatory agencies and entities that are subject to
environmental requirements on tasks that do not benefit the environment by focusing on more efficient
performance of necessary tasks and eliminating unnecessary tasks.
(h)
Report information concerning environmental performance and data concerning ambient
environmental quality to the public in a manner that is accurate, timely, credible, relevant, and useable to
interested persons.
(i)
Provide for the measurement of environmental performance in terms of accomplishing goals and
require the reporting of the results.
(j)
Implement an evaluation system that provides flexibility and affords some protection for
experimentation by participants that use innovative techniques to try to achieve superior environmental
performance.
(k)
Remove disincentives to achieving superior environmental performance.
(L)
Provide for sustained business success as well as a reduction in environmental pollution.
(m)
Promote the transfer of technological and practical innovations that improve environmental
performance in an efficient, effective, or safe manner.
(n)
Lower the administrative costs associated with environmental requirements and with achieving
superior environmental performance.
(3)
E.
LIGIBILITY FOR TIER I
(a)
General. An applicant is eligible for tier I of the program if the applicant satisfies the requirements
in pars. (b) to (d), subject to par. (e). If an applicant consists of a group of entities, each requirement in
pars. (b) to (d) applies to each entity in the group. An applicant for tier I of the program shall identify the
facilities or activities that it intends to include in the program.
(b)
Enforcement record. To be eligible to participate in tier I of the program, an applicant shall
demonstrate all of the following, subject to par. (e):
1.
That, within 60 months before the date of application, no judgment of conviction was entered
against the applicant, any managing operator of the applicant, or any person with a 25% or more
ownership interest in the applicant for a criminal violation involving a covered facility or activity that
resulted in substantial harm to public health or the environment or that presented an imminent threat to
public health or the environment.
2.
That, within 36 months before the date of application, no civil judgment was entered against the
applicant, any managing operator of the applicant, or any person with a 25% or more ownership interest
in the applicant for a violation involving a covered facility or activity that resulted in substantial harm to
public health or the environment.
3.
That, within 24 months before the date of application, the department of justice has not filed a suit
to enforce an environmental requirement, and the department of natural resources has not issued a citation
to enforce an environmental requirement, because of a violation involving a covered facility or activity.
(c)
Environmental performance. To be eligible to participate in tier I of the program, an applicant
shall submit an application that describes all of the following:
1.
The applicant's past environmental performance with respect to each covered facility or activity.
12
2.
The applicant's current environmental performance with respect to each covered facility or
activity.
3.
The applicant's plans for activities that enhance the environment, such as improving the
applicant's environmental performance with respect to each covered facility or activity.
(d)
Environmental management system. To be eligible to participate in tier I of the program, an
applicant shall do all of the following:
1.
Demonstrate that it has implemented, or commit itself to implementing within one year of the
department's approval of its application, an environmental management system, for each covered facility
or activity, that is in compliance with the standards for environmental management systems issued by the
International Organization for Standardization or determined by the department to be a functionally
equivalent environmental management system.
2.
Include, in the environmental management system under subd. 1., objectives in at least 2 of the
following areas:
a.
Improving the environmental performance of the applicant, with respect to each covered facility
or activity, in aspects of environmental performance that are regulated under chs. 29 to 31, 160, or 280 to
299.
b.
Improving the environmental performance of the applicant, with respect to each covered facility
or activity, in aspects of environmental performance that are not regulated under chs. 29 to 31, 160, or
280 to 299.
c.
Voluntarily restoring, enhancing, or preserving natural resources.
3.
Explain to the department the rationale for the choices of objectives under subd. 2. and describe
any consultations with residents of the areas in which each covered facility or activity is located or
performed and with other interested persons concerning those objectives.
4.
Conduct, or commit itself to conducting, annual environmental management system audits, with
every 3rd environmental management system audit performed by an outside environmental auditor
approved by the department, and commit itself to submitting to the department an annual report on the
environmental management system audit that is in compliance with sub. (6m) (a).
5.
Commit itself to submitting to the department an annual report on progress toward meeting the
objectives under subd. 2.
(e)
Waiver of enforcement record requirements. The secretary of natural resources may waive
requirements in par. (b) 2. or 3. based on the request of an applicant. The department shall provide public
notice of the request and shall provide at least 30 days for public comment on the request. The secretary
may not grant a waiver under this paragraph unless he or she finds that the waiver is consistent with sub.
(1m) and will not erode public confidence in the integrity of the program.
(4)
P.
ROCESS FOR TIER I
(a)
Upon receipt of an application for participation in tier I of the program, the department shall
provide public notice about the application in the area in which each covered facility or activity is located
or performed.
(b)
After providing public notice under par. (a) about an application, the department may hold a
public informational meeting on the application.
(c)
The department shall approve or deny an application within 60 days after providing notice under
par. (a) or, if the department holds a public informational meeting under par. (b), within 60 days after that
meeting, unless the department and the applicant agree to a longer period. The department may limit the
number of participants in tier I of the program, or limit the extent of participation by a particular
applicant, based on the department's determination that the limitation is in the best interest of the
program.
13
(d)
Notwithstanding s. 227.42 (1), a decision by the department under par. (c) to approve or deny an
application is not subject to review under ch. 227.
(4m)
I.
NCENTIVES FOR TIER I
(a)
The department shall issue a numbered certificate of recognition to each participant in tier I of the
program.
(b)
The department shall identify each participant in tier I of the program on an Internet site
maintained by the department.
(c)
The department shall annually provide notice of the participation of each participant in tier I of the
program to newspapers in the area in which each covered facility or activity is located.
(d)
A participant in tier I of the program may use a Green Tier Program logo selected by the
department on written materials produced by the participant.
(e)
The department shall assign an employee of the department, who is acceptable to the participant,
to serve as the contact with the department for a participant in tier I of the program for communications
concerning participation in the program, for any approvals that the participant is required to obtain, and
for technical assistance.
(f)
After a participant in tier I of the program implements an environmental management system that
complies with sub. (3) (d) 1., the department shall conduct any inspections of the participant's covered
facilities or activities that are required under chs. 29 to 31, 160, or 280 to 299 at the lowest frequency
permitted under those chapters, except that the department may conduct an inspection whenever it has
reason to believe that a participant is out of compliance with a requirement in an approval or with an
environmental requirement.
(5)
E.
LIGIBILITY FOR TIER II
(a)
General. An applicant is eligible for tier II of the program if the applicant satisfies the
requirements in pars. (b) to (d), subject to par. (e). If an applicant consists of a group of entities, each
requirement in pars. (b) to (d) applies to each entity in the group. An applicant for tier II of the program
shall identify the facilities or activities that it intends to include in the program.
(b)
Enforcement record. To be eligible to participate in tier II of the program, an applicant shall
demonstrate all of the following, subject to par. (e):
1.
That, within 120 months before the date of application, no judgment of conviction was entered
against the applicant, any managing operator of the applicant, or any person with a 25% or more
ownership interest in the applicant for a criminal violation involving a covered facility or activity that
resulted in substantial harm to public health or the environment or that presented an imminent threat to
public health or the environment.
2.
That, within 60 months before the date of application, no civil judgment was entered against the
applicant, any managing operator of the applicant, or any person with a 25% or more ownership interest
in the applicant for a violation involving a covered facility or activity that resulted in substantial harm to
public health or the environment.
3.
That, within 24 months before the date of application, the department of justice has not filed a suit
to enforce an environmental requirement, and the department of natural resources has not issued a citation
to enforce an environmental requirement, because of a violation involving a covered facility or activity.
(c)
Environmental management system. To be eligible to participate in tier II of the program, an
applicant shall do all of the following:
1.
Demonstrate that it has implemented an environmental management system, for each covered
facility or activity, that is in compliance with the standards for environmental management systems issued
by the International Organization for Standardization or determined by the department to be a functionally
equivalent environmental management system.
14
2.
Commit itself to having an outside environmental auditor approved by the department conduct an
annual environmental management system audit and to submitting to the department an annual report on
the environmental management system audit that is in compliance with sub. (6m) (a).
3.
Commit itself to annually conducting, or having another person conduct, an audit of compliance
with environmental requirements that are applicable to the covered facilities and activities and to
reporting the results of the audit to the department in compliance with sub. (6m) (a).
(d)
Superior environmental performance. To be eligible to participate in tier II of the program, an
applicant shall demonstrate a record of superior environmental performance and shall describe the
measures that it proposes to take to maintain and improve its superior environmental performance.
(e)
Waiver of enforcement record requirements. The secretary of natural resources may waive
requirements in par. (b) 2. or 3. based on the request of an applicant. The department shall provide public
notice of the request and shall provide at least 30 days for public comment on the request. This public
comment period may be concurrent with the notice period under sub. (6) (c) to (f). The secretary may not
grant a waiver under this paragraph unless he or she finds that the waiver is consistent with sub. (1m) and
will not erode public confidence in the integrity of the program.
(6)
P.
ROCESS FOR TIER II
(a)
Letter of intent. To apply for participation in tier II of the program, an entity shall submit a letter
of intent to the department. In addition to providing information necessary to show that the applicant
satisfies the requirements in sub. (5), the applicant shall do all of the following in the letter of intent:
1.
Describe the involvement of interested persons in developing and implementing the proposal for
maintaining and improving the applicant's superior environmental performance, identify the interested
persons, and describe the interests that those persons have in the applicant's participation in the program.
2.
Outline the provisions that it proposes to include in the participation contract.
3.
Explain how the measures that the applicant proposes to take to maintain and improve its superior
environmental performance are proportional to the incentives that it proposes to receive under the
participation contract.
(b)
Limitation. The department may limit the number of letters of intent that it processes based on the
staff resources available.
(c)
Notice. If the department decides to process a letter of intent, within 90 days of receiving the letter
of intent the department shall provide public notice about the letter of intent in the area in which each
covered facility or activity is located or performed.
(d)
Public meeting. After providing public notice under par. (c) about a letter of intent, the
department may hold a public informational meeting on the letter of intent.
(e)
Request to participate. Within 30 days after the public notice under par. (c), interested persons
may request the department to grant them authorization to participate in the negotiations under par. (f). A
person who makes a request under this paragraph shall describe the person's interests in the issues raised
by the letter of intent. The department shall determine whether a person who makes a request under this
paragraph may participate in the negotiations under par. (f) based on whether the person has demonstrated
sufficient interest in the issues raised by the letter of intent to warrant that participation.
(f)
Negotiations. If the department determines that an applicant satisfies the requirements in sub. (5),
the department may begin negotiations concerning a participation contract with the applicant and with any
persons to whom the department granted permission under par. (e). The department may begin the
negotiations no sooner than 30 days after providing public notice under par. (c) about the applicant's letter
of intent.
(g)
Termination of negotiations. The department may terminate negotiations with an applicant
concerning a participation contract. Notwithstanding s. 227.42 (1), a decision to terminate negotiations is
15
not subject to review under ch. 227. The department shall conclude negotiations within 12 months of
beginning negotiations unless the applicant and the department agree to an extension.
(h)
Notice of proposed contract. If negotiations under par. (f) result in a proposed participation
contract, the department shall provide public notice about the proposed participation contract in the area
in which each covered facility or activity is located or performed.
(i)
Meeting on proposed contract. After providing public notice under par. (h) about a proposed
participation contract, the department may hold a public informational meeting on the proposed
participation contract.
(j)
Participation decision. Within 30 days after providing notice under par. (h) or, if the department
holds a public informational meeting under par. (i), within 30 days after that meeting, the department
shall decide whether to enter into a participation contract with an applicant, unless the applicant and the
department agree to an extension beyond 30 days.
(jm)
Participation contract.
1.
In a participation contract, the department shall require that the participant maintain the
environmental management system described in sub. (5) (c) 1. and abide by the commitments in sub. (5)
(c) 2. and 3. The department shall include in a participation contract a provision that describes how the
participant will maintain the involvement of interested parties during the term of the participation
contract. The department may not reduce the frequency of required inspections or monitoring as an
incentive in a participation contract if the audit under sub. (5) (c) 3. is conducted by a person other than an
outside environmental auditor. The department shall ensure that the incentives provided under a
participation contract are proportional to the environmental benefits that will be provided by the
participant under the participation contract. The department shall include in a participation contract
remedies that apply if a party fails to comply with the participation contract.
2.
The term of a participation contract may not be less than 3 years or more than 10 years, with
opportunity for renewal for additional terms of the same length as the original term upon agreement of the
parties. The term of a participation contract may not exceed 5 years if the participation contract
incorporates, modifies, or otherwise affects the terms or conditions of a permit issued under s. 283.31,
283.33, or 285.62, unless federal and state law authorize a longer term for the permit.
(k)
Review of decision. Notwithstanding s. 227.42, there is no right to an administrative hearing on
the department's decision to enter into a participation contract under par. (j) or (L), but the decision is
subject to judicial review.
(L)
Alternate process.
1.
A person participating in the program under s. 299.80 may choose to apply for participation in tier
II using the process under this paragraph, rather than under pars. (a) to (j), by submitting a letter notifying
the department of its choice, before the expiration of the cooperative agreement under s. 299.80, along
with a copy of its most recent performance evaluation under s. 299.80 (3) (j).
2.
The department shall enter into discussions with a person submitting a letter under subd. 1. to
develop a proposed participation contract that is based on the cooperative agreement under s. 299.80,
making the changes necessary to ensure that the participation contract complies with par. (jm). For the
purposes of par. (jm) 1., if the person agrees to include in the participation contract the measures to
maintain and improve its environmental performance that were included in the cooperative agreement, the
operational flexibility and variances granted to the person in the cooperative agreement are presumed to
be proportional to the environmental benefits that will be provided by the participant.
3.
The department shall provide public notice about a proposed participation contract developed
under subd. 2. in the area in which each covered facility or activity is located or performed.
4.
After providing public notice under subd. 3., the department may hold a public informational
meeting about a proposed participation contract.
16
5.
The department may enter into a participation contract under this paragraph with a person with
whom the department has developed a proposed participation contract unless significant concerns are
raised in comments arising from public notice under subd. 3. or from an informational meeting under
subd. 4. and the person is unable or unwilling to respond to the concerns to the department's satisfaction.
(6m)
C.
OMPLIANCE REPORTS AND DEFERRED CIVIL ENFORCEMENT
(a)
Compliance reports. If an audit under sub. (3) (d) 4. or (5) (c) 2. or 3. reveals any violations, the
participant shall include all of the following in the report of the results of the audit:
1.
A description of all of the violations.
2.
A description of the actions taken or proposed to be taken to correct the violations identified in
subd. 1.
3.
A commitment to correct the violations identified in subd. 1. within 90 days of submitting the
report or according to a compliance schedule approved by the department.
4.
If the participant proposes to take more than 90 days after submitting the report to correct the
violations identified in subd. 1., a proposed compliance schedule that contains the shortest reasonable
periods for correcting the violations, a statement that justifies the proposed compliance schedule, a
description of measures that the participant will take to minimize the effects of the violations during the
period of the compliance schedule, and proposed stipulated penalties to be imposed if the participant fails
to comply with the proposed compliance schedule.
5.
A description of the measures that the participant has taken or will take to prevent future
violations.
(am)
Optional reports of violations. If a participant discovers a violation, other than through an audit
under sub. (3) (d) 4. or (5) (c) 2. or 3., the participant may, no more than 30 days after discovering the
violation, submit a report to the department that includes all of the following:
1.
A description of the violation and the date on which the participant discovered the violation.
2.
A description of the actions taken or proposed to be taken to correct the violation.
3.
A commitment to correct the violation within 90 days of submitting the report or according to a
compliance schedule approved by the department.
4.
If the participant proposes to take more than 90 days after submitting the report to correct the
violation, a proposed compliance schedule that contains the shortest reasonable periods for correcting the
violation, a statement that justifies the proposed compliance schedule, a description of measures that the
participant will take to minimize the effects of the violation during the period of the compliance schedule,
and proposed stipulated penalties to be imposed if the participant fails to comply with the proposed
compliance schedule.
5.
A description of the measures that the participant has taken or will take to prevent future
violations.
(b)
Compliance schedules.
1.
If the department receives a report under par. (a) or (am) that contains a proposed compliance
schedule under par. (a) 4. or (am) 4., the department shall review the proposed compliance schedule. The
department may approve the compliance schedule as submitted or propose a different compliance
schedule. If the participant does not agree to implement a compliance schedule proposed by the
department, the department shall schedule a meeting with the participant to attempt to reach an agreement
on a compliance schedule. If the department and the participant do not reach an agreement on a
compliance schedule, the department shall terminate the participation of the participant in the program. If
the parties agree to a compliance schedule, the participant shall incorporate the compliance schedule into
its environmental management system.
2.
The department may not approve a compliance schedule that extends longer than 12 months
beyond the date of approval of the compliance schedule, unless the secretary determines that a longer
17
schedule is necessary. The department shall consider the following factors in determining whether to
approve a compliance schedule:
a.
The environmental and public health consequences of the violations.
b.
The time needed to implement a change in raw materials or method of production if that change
is an available alternative to other methods of correcting the violations.
c.
The time needed to purchase any equipment or supplies that are needed to correct the violations.
(c)
Stipulated penalties. If the department receives a report under par. (a) or (am) that contains
proposed stipulated penalties under par. (a) 4. or (am) 4., the department shall review the proposed
stipulated penalties. The department may approve the stipulated penalties as submitted or propose
different stipulated penalties. If the participant does not agree to stipulated penalties proposed by the
department, the department shall schedule a meeting with the participant to attempt to reach an agreement
on stipulated penalties. If no agreement is reached, there are no stipulated penalties for failure to comply
with the compliance schedule.
(d)
Deferred civil enforcement.
1.
a.
If a participant in the program corrects violations that are disclosed in a report that meets the
requirements of par. (a) or (am) within 90 days after the department receives the report, this state may not
bring a civil action to collect forfeitures for the violations.
b.
This state may not begin a civil action to collect forfeitures for violations covered by a
compliance schedule that is approved under par. (b) during the period of the compliance schedule if the
participant is in compliance with the compliance schedule. If the participant fails to comply with the
compliance schedule and there are stipulated penalties, the department may collect any stipulated
penalties or may terminate participation in the program. If the participant fails to comply with the
compliance schedule and there are no stipulated penalties, the department may terminate participation in
the program. After the department terminates participation in the program, this state may begin a civil
action to collect forfeitures for the violations.
c.
If the department approves a compliance schedule under par. (b) and the participant corrects the
violations according to the compliance schedule, this state may not bring a civil action to collect
forfeitures for the violations.
2.
Notwithstanding subd. 1., this state may at any time begin a civil action to collect a forfeiture for
a violation if any of the following applies:
a.
The violation presents an imminent threat to public health or the environment or may cause
serious harm to public health or the environment.
b.
The department discovers the violation before submission of a report that meets the requirement
of par. (a) or (am).
(7)
S.
USPENSION OR TERMINATION OF PARTICIPATION
(a)
The department may suspend or terminate the participation of a participant in the program at the
request of the participant.
(b)
The department may terminate the participation of a participant in the program if a judgment is
entered against the participant, any managing operator of the participant, or any person with a 25% or
more ownership interest in the participant for a criminal or civil violation involving a covered facility or
activity that resulted in substantial harm to public health or the environment or that presented an imminent
threat to public health or the environment.
(c)
The department may suspend the participation of a participant in the program if the department
determines that the participant, any managing operator of the participant, or any person with a 25% or
more ownership interest in the participant committed a criminal or civil violation involving a covered
facility or activity that resulted in substantial harm to public health or the environment or that presented
18
an imminent threat to public health or the environment and the department refers the matter to the
department of justice for prosecution.
(d)
The department may suspend or terminate the participation of a participant in tier I of the
program if the participant does not implement, or fails to maintain, the environmental management
system described in sub. (3) (d) 1., fails to conduct annual audits described in sub. (3) (d) 4., or fails to
submit annual reports described in sub. (3) (d) 5.
(e)
The department may, after an opportunity for a hearing, terminate a participation contract if the
department determines that the participant is in substantial noncompliance with the participation contract.
(f)
A person who is not a party to a participation contract, but who believes that a participant is in
substantial noncompliance with a participation contract, may ask the department to terminate a
participation contract under par. (e).
(7e)
C.
HARTERS
(a)
The department may issue an environmental results charter to an association of entities to assist
the entities to participate in tier I or tier II of the program or to take actions that may lead to superior
environmental performance. An association to which a charter is issued may consist of private entities,
public entities, or a combination of private and public entities. An association to which a charter is issued
may be organized on any basis that helps the entities to participate in tier I or tier II of the program or to
take actions that may lead to superior environmental performance.
(b)
In a charter, the entities in the association shall describe the goals of the association, the
responsibilities of the entities, and the activities that the entities will engage in to accomplish their goals.
The term of a charter may not be less than 3 years or more than 10 years, with the opportunity for renewal
for additional terms of the same length upon the agreement of the entities and the department.
(c)
The department may not issue a charter unless the department determines that the entities in the
association have the resources to carry out the charter. Before issuing a proposed charter, the department
shall provide public notice of the proposed charter in the areas in which the activities under the charter
will be engaged in. After providing public notice and before issuing a proposed charter, the department
shall hold a public informational hearing on the proposed charter. A decision by the department to issue a
charter is not subject to review under ch. 227.
(d)
An association to which a charter has been issued shall report annually to the department on the
activities that have been engaged in under the charter.
(e)
The department may, after an opportunity for a hearing, terminate a charter if the department
determines that the entities in the chartered association are in substantial noncompliance with the charter.
Any person who has evidence that the entities in a chartered association are not in compliance with a
charter may ask the department to terminate the charter.
(7m)
E. The department may not approve an outside environmental
NVIRONMENTAL AUDITORS
auditor for the purposes of sub. (3) (d) 4. or (5) (c) 2. unless the outside environmental auditor is
accredited by an accreditation body that complies with standards of the International Organization for
Standardization for accreditation bodies or meets criteria concerning education, training, experience, and
performance that the department determines are equivalent to the criteria in the standards and guidance of
the International Organization for Standardization for entities providing audit and certification of
environmental management systems.
(7s)
A.
CCESS TO RECORDS
(a)
Except as provided in par. (c), the department shall make any record, report, or other information
obtained in the administration of this section available to the public.
(c)
The department shall keep confidential any part of a record, report, or other information obtained
in the administration of this section, other than emission data or discharge data, upon receiving an
application for confidential status by any person containing a showing satisfactory to the department that
19
the part of a record, report, or other information would, if made public, divulge a method or process that
is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), of that person.
(d)
If the department refuses to release information on the grounds that it is confidential under par.
(c) and a person challenges that refusal, the department shall inform the affected participant of that
challenge. Unless the participant authorizes the department to release the information, the participant shall
pay the reasonable costs incurred by this state to defend the refusal to release the information.
(e)
Paragraph (c) does not prevent the disclosure of any information to a representative of the
department for the purpose of administering this section or to an officer, employee, or authorized
representative of the federal government for the purpose of administering federal law. When the
department provides information that is confidential under par. (c) to the federal government, the
department shall also provide a copy of the application for confidential status.
(8)
P.
OWERS AND DUTIES OF THE DEPARTMENT
(a)
To facilitate the process under sub. (6), the department shall develop model terms that may be
used in participation contracts.
(b)
After consultations with interested persons, the department shall annually establish a list
identifying aspects of superior environmental performance that the department will use to identify which
letters of intent it will process under sub. (6) in the following year and the order in which it will process
the letters of intent.
(c)
The department may promulgate rules for the administration of the program. In the rules, the
department may specify incentives, that are consistent with federal laws and other state laws, that the
department may provide to participants in tier II of the program.
(d)
The department shall encourage small businesses, agricultural organizations, entities that are not
subject to environmental requirements, local governments, and other entities to form groups to work
cooperatively on projects to achieve superior environmental performance.
(e)
The department shall select a logo for the program.
(f)
The department and the department of safety and professional services shall jointly provide
information about participation contracts and environmental management systems to potential participants
in the program and to other interested persons. The department shall consult with the department of safety
and professional services about the administration of the program.
(g)
The department shall collect, process, evaluate, and disseminate data and information about
environmentally beneficial and innovative practices submitted by participants in the program. The
department may conduct or direct studies, experiments, or research related to the program in cooperation
with participants and other interested persons. The department may enter into agreements with the Robert
M. La Follette institute of public affairs at the University of Wisconsin-Madison to assist in the
promotion, administration, or evaluation of the program.
(h)
Every even-numbered year, no later than December 15, the department shall submit a progress
report on the program to the governor and, under s. 13.172 (2), to the standing committees of the
legislature with jurisdiction over environmental matters.
(i)
The department shall implement a process to obtain advice from a balanced public group about all
of the following:
1.
The implementation and operation of the program, including the setting of goals and priorities for
the program.
2.
Evaluating the costs of applying for the program and of entering into a participation contract or a
charter and the administrative costs of participating in the program.
3.
Assessing whether incentives provided under a participation contract are proportional to the
environmental benefits committed to under a participation contract.
4.
Procedures for evaluating the program and the results of the program.
20
5.
Changes that should be made in the program.
(10)
P. Any person who intentionally makes a false statement in material submitted under
ENALTY
this section shall be fined not less than $10 nor more than $10,000 or imprisoned for not more than 6
months or both.
History:
2003 a. 276, 326, 327; 2005 a. 253; 2009 a. 30; 2011 a. 32.
Achieving Environmental Excellence: Green Tier Legislation. Bochert & Schlaefer. Wis. Law. Sept. 2005.
21
NEIGHBORHOOD SERVICES MEMORANDUM
June 8, 2012
TO: City Council
FROM: Kelly Lee, Neighborhood Development Specialist
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to
Sell the Property at 212 Madison Street through the Neighborhood
Stabilization Program (File Res. 2012-921)
Summary
The Neighborhood Services Department has completed the rehabilitation of the
property located at 212 Madison Street through the Neighborhood Stabilization
Program. An interested party has submitted a valid offer to purchase of $73,000
and City Council approval is necessary to finalize the sale.
Department Recommendation
The Neighborhood Services Department recommends that the City Council
support a motion to approve Resolution 2012-921 authorizing the sale of the
property located at 212 Madison Street at a sales price of $73,000.00.
City Manager Recommendation
The City Manager recommends approval. The goal of the NSP program would
be met through this sale.
Suggested Motion
I move to approve file resolution 2012-921 authorizing the sale of 212 Madison
Street at a sales price of $73,000.00.
Background
In January 2009, the City Council authorized staff to apply for a Neighborhood
Stabilization Program (NSP) grant through the State of Wisconsin Department of
Commerce. The City of Janesville received approximately $1.2 million (this
includes funding we received from Rock County’s share and a portion that Beloit
was unable to allocate by the deadline). This program allows municipalities and
qualified non-profit organizations to acquire foreclosed properties for the purpose
of rehabilitation, redevelopment, or demolition.
The goals of the Neighborhood Stabilization Program (NSP) are to reduce blight,
provide affordable single family homes, and stabilize and improve the real estate
market in those neighborhoods being hit the hardest by the foreclosure crisis.
1
Sale of the NSP houses must be to owner occupied buyers who fall within the
income guidelines of the program. All buyers are required by the Neighborhood
Stabilization Program to have had at least 8 hours of home buyer education from
a HUD approved housing councilor prior to the purchase of any NSP home.
The property located at 212 Madison was acquired in October of 2009 for
$38,000 for the purpose of rehabilitation and resale under the Neighborhood
Stabilization Program. The buyer has provided the City of Janesville a copy of
her appraisal that lists the value of the home at $75,000.
The total cost of the rehabilitation of the property was approximately $120,000
which included lead abatement, energy improvements, roof repairs, a new ½
bathroom, all new flooring, and bringing the plumbing, electrical and heating
systems up to code.
This project employed a general contractor and 14 sub-contractors for the
project. The Neighborhood Stabilization Program required that all parties
employed on the project be paid Davis Bacon fair wage rates. This federal
requirement can inflate the cost of construction projects.
The buyer is within the income guidelines as required by the Neighborhood
Stabilization Program. Neighborhood Services is providing the buyer with $2500
in NSP-Funded Down Payment and Closing Cost. The down payment and
closing cost assistance will be forgiven over a period of 5 years based on the
owner occupying the property as their primary residence.
The proceeds for the sale are considered program income and are returned to
the NSP program for future, similar projects.
Analysis
A. The property was purchased by the City of Janesville through the
Neighborhood Stabilization Program.
B. City Council set the asking price during a closed session on August 11,
2011 and the sales price falls within the guidance provided by the Council.
C. The intended buyer meets the requirements of the Neighborhood
Stabilization Program.
cc: Eric Levitt, City Manager
Jay Winzenz, Dir. of Administrative Services/Assistant City Manager
Jennifer Petruzzello, Neighborhood Services Director
2
RESOLUTION NO. 2012-921
A resolution authorizing the City Manager to proceed with the sale of property located at 212
Madison Street.
WHEREAS,
the City of Janesville owns the following described parcel:
PT.LOT 10 MITCHELL'S ADD. BGN.AT A PT.ON E.L.MADISON ST.101.7' N.OF SW COR.LOT 10
MITCHELL'S ADD.;TH.CONT. N.ALG.SD.E.L.MADISON ST. 78.1';TH.E.AT RIGHT ANGLES 59.82' TO
A PT.ON THE SOUTHERLY EXT.OF LOT 13 SD. ADD.;TH.NELY 15.21' ON A LINE PARALLEL TO
N.L.LAUREL AVE.;TH. S.LY AT RIGHT ANGLES TO LAUREL AVE. 48'; TH. WLY TO POBDAF:Pt
NW1/4, Sec 36, T3N, R12E, 4th PM, City of Janesville, Rock Co, WI JC5603733
WHEREAS
, The City of Janesville acquired the property located at 212 Madison Street in October of
2009, through the Neighborhood Stabilization Program Grant; and
WHEREAS,
The City of Janesville has rehabilitated the property consistent with the Neighborhood
Stabilization Program requirements; and
WHEREAS
, The City of Janesville has negotiated an agreement to sell the property to Mr. Nathan Lippert
for $73,000.00.
WHEREAS,
The City of Janesville has obtained a copy of an appraisal of the property in the amount of
$75,000.00; and
WHEREAS,
The City of Janesville has verified that Mr. Lippert is within the program criteria; and
WHEREAS,
The City of Janesville has provided $2500 in down payment assistance: and,
WHEREAS
, the Plan Commission has reviewed the Neighborhood Stabilization Program at their June 1,
2009 meeting and found the purchase, rehabilitation and sale to be consistent with established City plans
and recommended that the City Council proceed with the sale of this property, but further noted that the
Plan Commission had not reviewed the financial aspects of this transaction; and
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL
of the City of Janesville that it
hereby authorizes and directs the City Manager and the City Clerk to execute on behalf of the City of
Janesville, the sale of such property; and to negotiate and execute such documents, papers and forms as
may from time to time be necessary and/or desirable to effectuate such transaction and the intent of this
resolution as the City Manager may decide; and
BE IT FURTHER RESOLVED
that the City Manager is hereby authorized to take whatever other actions
or to make whatever other minor changes that may be necessary to effectuate this land transaction.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Farrell
Eric J. Levitt, City Manager
Kealy
Liebert
ATTEST:
Severson
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
Economic Development Department Memorandum
June 25, 2012
TO: City Council
FROM: Vic Grassman, Economic Development Director
SUBJECT: Discussion of the Management Structure for the Janesville
Innovation Center and Direction to Staff
Executive Summary
The Janesville Innovation Center (JIC) is currently under construction with
completion in November 2012. This 22,000 sf facility will have 18,000 sq. ft. of
manufacturing space, 2,100 Sq. Ft. of office and 1,900 sq. ft. of common area.
Potential tenants will fall into three categories, business start-ups, existing
companies needing temporary space to test new products or new manufacturing
processes and companies locating in Janesville but need temporary space. This
last category is often referred as “soft landing” space. The tenant benefits to
locating in this facility are the flexibility of potential lease terms. Examples being
considered include short lease terms, technical business support, space
flexibility, (tenants can lease space based on their current needs, 60 day notice
to leave etc.) The function of this JIC should be viewed as a “feeder” mechanism
to get start-ups to the level where they can economically commit to standard
private sector lease terms.
The management structure for a city owned incubator facility is typically
implemented in two ways. The most common from examples the City has
received is the creation of a 501 (c) (3) nonprofit corporation that is managed by
a board of directors based on a set of by-laws and articles of incorporation. The
city retains ownership of the real estate but grants the non-profit specific powers
by approving the above by-laws and articles of incorporation. This is typically
done through a master licensing agreement. This board is responsible for overall
management of the facility including policy development, financial management,
tenant selection, facility maintenance etc.
The second way is for the City to manage the facility and sometimes delegate
management powers to a separate company. A non-profit entity would not be
created and the city would retain the managerial powers of the incubator,
although the management may contracted out.
Both of these options are achievable from a legal perspective. Further
information will be provided in the sections below.
City Manager’s Comments
As stated above there are two mechanisms for the management of the facility
that are possible. Both examples have been used by incubators in the State.
The City of Whitewater wanted the incubator to be viewed as a separate
entity. Philosophically, their intent was to have a business centered focus
for this facility which provided additional support for a 501C-3. They felt
that this business “focus” would allow them to get greater financial support
in the future to develop the tech park.
The City of Portage did not create a 501C-3 nor a special committee. The
City of Portage manages the incubator including polices and tenant
selection set by the City Council. They contract with a firm to run it.
As City Manager, I believe that the Whitewater model may be the best for the
City of Janesville as long as the Board makeup is set by the City Council and the
master lease has appropriate checks and balances to protect the City.
At this time we are seeking direction from the Council of which of these two
models to establish.
Economic Director’s Comments:
I would like to ask the City Council to consider the above two options in light of
the policy issues below and provide staff direction as to which one should be
considered. Important issues to be considered include:
Should this facility be closely identified with the City (public sector) or
perceived as more private sector, “business focused” which would provide
a more private sector perspective as a resource for entrepreneurial
development?
By creating a nonprofit entity, the City Council would be giving its board
the managerial powers as specified by the by-laws which would be
adopted by the Council. In the second option, the City Council or its
committee would be directly responsible for the management of the facility
thus retaining all powers necessary to achieve this.
A 501 (c) (3) allows private contributors tax deductions for future
contributions. This tax deductibility mechanism would still be available if a
non-profit entity is not created. The question here is which option would
provide the greatest opportunity for potential private sector contributions.
Background
In order to put this request in the appropriate context, the following background
information is provided as an overview of the JIC’s proposed operational
infrastructure from the Economic Development Director. A 501 (c) (3) is included
however not required.
Organizational Relationships and Management
Successful implementation of the JIC requires definition of how the various
parties involved with the ownership, management and delivery of program
services to the Center and its tenants will interact, divide, and coordinate the
varied responsibilities of this facility.
Janesville Innovation Center Organizational Relationships
The attached, “”
provides a visual overview of the key partners, responsibilities and activities
related to the JIC project, including; ownership, financial investment,
governance, marketing and leasing, operations management, facilities
management, economic and business development assistance, and program
measurement and reporting. The following sections summarize the visual
overview and explore additional thoughts and considerations with regard to how
these various pieces might be addressed, assigned and agreed to by the parties
involved.
Ownership
The City of Janesville is the JIC owner. The City has contributed its ownership of
land and allocated up to $850,000 in Tax Increment Financing (TIF) to develop
the 22,000 square foot facility. The City will maintain land and building ownership
of the JIC property. The City was also the applicant for and recipient of a $1.2
million grant from the US Economic Development Administration (EDA). The
EDA funding comes with several expectations of the City to meet EDA
requirements including, but not limited to pre-approvals of project construction,
management oversight and program evaluation of the JIC job creation goals. City
staff is currently engaged in the development of the JIC property, development of
the Center’s operational plan and is ultimately responsible for meeting all EDA
communications and reporting requirements.
Management
Three distinct areas of management are proposed to oversee the operations and
programs of the JIC and to be accountable for all responsibilities to the City, the
EDA and the tenants. These areas include a Board of Directors, Operations
Management and Facilities Management.
Board of Directors
The Board of Directors will be responsible for broad policy development, financial
management and the oversight of the operations management of the JIC
including the approval of lease terms and conditions, tenant selection, as well as
tenant services and programs. This governing group will be made up of a diverse
Board of Directors that is representative of the economic and business
development interests of the City, County, regional development partners and
tenants served by the JIC.
This group will be comprised of 12-15 members to provide policy guidance to the
JIC and its programs. In addition, the Board and its members may also provide
guidance and mentoring to JIC tenants as may be deemed appropriate. Board
representatives would likely include the following: City of Janesville, Forward
Janesville, Rock County, Beloit representatives, Blackhawk Technical College,
UW Rock County, UW Whitewater, Alliant Energy and successful local
entrepreneurs. It might also include WI Econ. Dev. Corp., local foundations
and/or private sector manufacturers.
501 (c)(3) – Mission and Goals
Per Council approval, a new 501 (c) (3), non-profit organization (referenced as
Janesville Innovation, Inc
.) would be created with the specific mission of
fostering and supporting entrepreneurship by operating a “business incubator”
known as the Janesville Innovation Center; funded by the City of Janesville and
the US Economic Development Administration.
The primary goal of Janesville Innovation, Inc. will be to provide flexible space
and targeted services to encourage and assist entrepreneurial individuals and
firms in the formation, development and growth of innovative businesses.
The City Attorney will take the lead responsibility for drafting the 501 (c) (3)
application. He will receive input from a project advisory group including Vic
Grassman, Al Hulick, Eric Levitt, James Otterstein, Bruce Kepner, John Beckord,
Tom Eckert, Mike Mathews and/or others as may be deemed appropriate. The
project advisory group will review and provide comment regarding the roles and
responsibilities of Janesville Innovation, Inc., its size and composition, and its
relationship to the JIC.
Master Lease
Upon the creation of the 501 (c)(3), Janesville Innovation, Inc. will enter into a
master lease with the City of Janesville for the entire gross area of the building.
The City will deliver a fully improved building as specified in the attached floor
plan and construction contract. Janesville Innovation, Inc. will have the ability to
sub-lease the entire building at its discretion. The Master lease will define the
Lessor and Lessee responsibilities for maintenance of the property. It is
recommended that the City have responsibility for maintaining the physical asset
i.e. the building exterior and roof. Such maintenance responsibilities as care and
maintenance of lawn and grounds including mowing and general landscaping
and snow removal; window cleaning; trash collection; HVAC maintenance; and
annual sprinkler and fire extinguisher inspection would be contracted out through
the Lessee. (JIC) Additional responsibilities would include interior maintenance,
janitorial services for interior common areas, coordination of all tenant signage
and providing building access to tenants.
Operations Management
It is recommended that Janesville Innovation, Inc. contract with a separate party
to provide operational management services for the Center and its tenants.
Responsibilities would include the following;
Market JIC space and programs to prospective tenants
Respond to, follow-up on and show space to all prospective tenants
Record all inquires for space and outcomes
Negotiate and process all tenant leases
Manage check-in and check-out process
Bill and collect rents and service fees
Send all rents and fees to the City on a timely basis
Coordinate general building use and operations
Maintain and schedule use of conference room and office equipment
Maintain access to building infrastructure
Address tenant needs and concerns as appropriate
Coordinate the introduction and delivery of economic and business development
services such as accounting, finance, business planning, marketing, and other
business and manufacturing services as made available through Innovation
Center partners and resources.
Provide other services as may be mutually agreed to
In addition, the Operations Manager would oversee the various contracts related
to JIC’s building obligations as noted above; janitorial services for interior
common areas, coordination of all tenant signage and providing building access
to tenants. The Operations Manager and the City shall mutually agree upon any
expenditures to be reimbursed by the City for the provision of any additional
services in advance of any such expenditures.
Service Providers
It is recommended that the Board of Directors work with local and regional
economic and business development organizations and educational institutions
to develop a suite of service offerings to Innovation Center tenants. These
services should be customized to provide assistance and value in the formation
of companies, the development and validation of business models, raising
capital, as well as training, development and mentoring of entrepreneurs and
management staff. These services should be driven by the needs of
entrepreneurial founders and firms. Input regarding specific needs and
opportunities will be sought as part of the interviewing that will be done by
Economic Growth Advisors, LLC in the market assessment phase of the project.
Documentation and Reporting of Activities and Results
The Operations Manager will be responsible for the documentation and reporting
of all marketing, tenant recruitment and leasing activities and results. In addition,
the Operations Manager will also track all tenant assistance activities and the
results of those services. This reporting will be provided to the City, the EDA, and
the Janesville Innovation, Inc. Board. Ongoing contact with tenants and
feedback to the Board will be valuable to monitoring the usage and value of
Janesville Innovation Center programs and the emerging needs of tenant
companies.
Janesville Innovation Center
Organizational Relationships
City of Janesville
Land and Building Owner
EDA Financial Partner
and Investor
Janesville Innovation, Inc.
[501(c) 3]
Stated Purpose/Mission Board of Directors
as an Economic
Composition
Roles/Responsibilities
Development
Size
Organization
Master Lease with
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DEPARTMENT OF PUBLIC WORKS MEMORANDUM
June 15, 2012
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: 2012 Projected Landfill Tonnage and Revenue Shortfall
Summary
Waste hauling practices of several area companies have changed significantly in
2012. These changes are expected to result in a net loss of tons disposed in the
landfill, as compared to the amount budgeted in 2012. Associated revenue
losses result in an estimated reduction in Sanitation Fund unreserved balance of
$987,402, as compared to the budgeted reduction of $708,319.
The City has a waste disposal contract with Town & Country Sanitation
(Boscobel, WI) which includes a provision capping the amount of waste the
company can deposit in the City’s landfill at 40,000 tons in each 2012 and 2013.
The contract also includes language authorizing the City Manager to increase
this cap. The company has indicated it could deliver approximately 50,000 tons
of waste in 2012 and a similar or greater amount in 2013. This additional
reduction
tonnage from Town & Country would result in an estimated in Fund
$787,902reduction $708,319.
balance of , as compared to the budgeted of
Staff Recommendation
Staff recommends that the City Council authorize the City Manager to eliminate
the 40,000 ton cap on the amount of waste Town & Country Sanitation may
dispose of in the City’s landfill in both 2012 and 2013. The company has been a
good partner with the City for a number of years, and staff is confident it can work
with the company to appropriately balance the company’s waste flows into the
landfill in both years.
Staff does not recommend increasing landfill tipping fees to attempt to generate
additional revenue. Doing so could result in additional losses in tonnage.
Recommended Motion
Move to authorize the City Manager to exercise an existing provision in the City’s
contract with Town & Country Sanitation, amending the 40,000 ton maximum
landfill tonnage provision to 80,000 ton maximum landfill tonnage provision in
2012 and 2013.
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City Manager Recommendation
The City Manager recommends amending the 40,000 ton cap to 80,000 ton cap.
Amending the cap will alleviate the City’s immediate fiscal concerns without
compromising the long-term reduction in outside tonnage to the landfill.
Background
Veolia Environmental Services and Waste Management have decreased the
amount of waste they deliver to the City’s landfill below what was anticipated in
the 2012 budget. Another local company, Rock Disposal, has increased its
tonnage, but it is not expected this will fully offset the reduction in tonnage from
the other two companies. Staff estimates the landfill will receive about 157,000
tons of waste in 2012, which is about 17,000 tons less than budgeted.
The table below shows sanitary landfill tonnage, by source:
Sanitary Landfill Tonnage
2012
20112012Current
ActualBudgetEstimate
Town & Country Sanitation
50,517 40,000 40,000
Waste Management
16,331 19,000 11,410
Veolia Environmental Services
10,555 10,000 2,500
Sherman Sanitation
19,615 19,000 19,000
Green County Landfill
16,806 17,000 6,000
City of Janesville Residential
14,667 14,302 15,276
Rock Disposal, Inc.
16,640 20,000 30,000
Cash Customer
13,071 10,000 10,000
John's Disposal Service
8,200 7,000 8,200
Janesville Wastewater Utility
2,840 3,000 182
All other Accounts 15,824 15,600 14,460
Total
185,066 174,902 157,028
The 2012 Sanitation Fund budget includes expenditures in excess of revenue
totaling $708,319. Sanitation Fund unreserved fund balance was to be reduced
by this same amount, leaving a year-end unreserved fund balance of $558,638.
Based upon the current landfill tonnage projections and associated loss of
revenue, the reduction in Sanitation Fund unreserved balance is estimated to be
$987,402, leaving a year-end Fund unreserved balance of $279,555.
Increasing the contractual cap with Town & Country Sanitation and allowing them
to dispose of approximately 50,000 tons of waste in 2012 would result in a
reduction in 2012 Sanitation Fund unreserved balance estimated at $787,902,
leaving a year-end Fund unreserved balance of $479,055.
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The table below illustrates:
Sanitation Fund Income Statement
2012
20122012w/ Added
BudgetEstimatedTons
Landfill Tons 174,902 157,028 167,028
Total Sanitation Fund Revenues$ 7,122,520$ 6,611,070 $ 6,940,570
Total Sanitation Fund Expenditures$ 7,830,839$ 7,598,472 $ 7,728,472
$ (708,319)$ (987,402)$ (787,902)
Fund Revenues Over Expenditures (deficit)
Sanitation Fund Balance January 1$ 2,104,250$ 2,104,250 $ 2,104,250
Sanitation Fund Balance December 31$ 1,395,931$ 1,116,848 $ 1,316,348
Fund Balance Analysis Dec 31
Reserved for Superfund Site$ 837,293$ 837,293$ 837,293
Unreserved Fund Balance$ 558,638$ 279,555$ 479,055
$ 1,395,931$ 1,116,848 $ 1,316,348
Cc: Carl Weber, Director of Public Works
Peter Riggs, Assistant Operations Director
Mandy Bonneville, Solid Waste Manager
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