Minutes

Harbor Commission

October 9, 2006 7:00 p.m., City Hall, Lower Level Conference Room

Members Present

Jimmy Fortunato, Jerry Baganz, Sue Knauer, Frank Metz, and Pete Jushka

Others Present

Harbor Master Dennis Cherny

City Administrator Mark Grams

Roll Call: (Absent: Ralph Hess and Jerry Gruen)

2. Approve Minutes Of Previous Meeting

Pete Jushka made a motion to approve minutes as written and Jerry Baganz seconded. Motion carried.

3. Monthly Financial Report

City Administrator Mark Grams said that just about all the revenue is in for the year for the exception of a few transients that may still be coming through. He said that the $99,000 shown for the new restrooms project, of that, the marina’s share is $75,000 and the remainder will be charged back to the Park and Rec’s open spaces fund. Harbormaster Cherny said that the marina has reached its projected income for the year despite being down 1000 launches and 151 transients. Commissioner Baganz pointed out that a couple of the numbers under commercial sales revenue and expenses are bracketed showing a negative rather than a positive and should be changed.

4. Approve 2007 Marina Budget

Harbor Master Cherny said that the numbers show a 3% increase in slip rentals as well as a 3% increase in transient dockage. He said that everything else was just moving the numbers over. He increased the marina personnel by one person due to the new bathrooms and added work load. Supplies also increased because of the new bathroom. Everything is the same for general fund and Rescue Boat donation. $14,000.00 went into contractual fund for sealing the parking lot. Utilities are up because of 5th pier being on line for the first time. Jerry Baganz made a motion to approve the 2007 budget and Sue Knauer seconded. Motion Carried.

5. Funding County Rescue Boat

City Administrator Grams said that as of right now, the county is not including Rescue Boat funding in their proposed 2007 budget. He said that the city cannot afford to take over the boat entirely. The marina will continue to fund 1/3 of the Rescue Boat’s budget. Giving 10,000.00 cash and free fuel and slip for a total of $15,000.00. He said that the city is not responsible for waters outside the break wall. That jurisdiction falls on the county. He said that is even a greater reason as to why they should fund it. Not only Port Residents utilize the Rescue Boat. County as well as individuals from outside the county utilize it. He said that the city and the marina are making a good faith effort to support the Rescue Boat, but should not be responsible for all of it. He said that the County board is meeting in November and will ask them to reconsider their decision.

Harbor Master Cherny wanted to bring a few statistics to the table regarding the Rescue Boat. He said that more county residents outside of Port Washington make up the individuals that purchase season launch passes from the marina, with 63 coming from Port Washington and 77 coming from the county outside of Port. As far as tenants at the marina, 58 are from Port Washington and 72 are from the county outside of Port Washington. He said that Racine has a Sheriff boat, Milwaukee and Sheboygan have the Coast Guard, and Port Washington has the County Rescue Boat for emergencies. Without it, boaters would be relying on the Coast guard which is more than 28 miles away by water. Harbormaster Cherny said that in order to get funding from Homeland security, the boat would need to be under a law enforcement agency. He said if need be, put the boat under the Sheriff’s Department and continue to run it as is.

Commissioner Metz said that the county has an obligation to our boaters and the county. He feels that the boat is and should remain the county’s responsibility. He said as far as the cost is concerned, it is a very small part of their budget. He believes that there is room in the county’s budget for the Rescue Boat. He also said that talks regarding funding for the boat should happen earlier in the year rather than the county forcing the city to make a decision at budget time. He said that it would be nice if someone would approach the city prior to budget time.

Duane Nadolski, with the Great Lakes Sport fishermen and a charter captain at the marina, said that of its 180 members, a small percentage of them are from Port. He hopes that the city and the county can come to a resolution. He said that their club supports the Rescue Boat and has helped purchase equipment for the boat. He said that they will continue to support the boat in the future.

Commissioner Metz said that he would like the county to negotiate with the city early in the next calendar year, rather than waiting to budget time.

6. Harbormaster’s Report

Harbormaster Cherny mentioned to the Commission that starting next year he would like the wireless internet service free to customers. He would like to give a perk back to the tenants as well as all visiting guests. The commission agreed that it would be a good service to provide free of charge to the marina customers.

Harbormaster Cherny said that the DNR has been a strong presence around the marina this fall, helping to keep the shore fisherman in line. He has notice a remarkable improvement because of it. The docks are a lot cleaner than last year.

7. Marina Tenants’ Comments

No Comments.

8. Forthcoming Events

No Comments.

9. Adjournment

Pete Jushka made a motion to adjourn the meeting at 7:33 p.m. and Jimmy Fortunato seconded. Motion carried.

Table of Contents


Monday September 11, 2006 7:00 p.m., City Hall, Lower Level Conference Room

Members Present

Jimmy Fortunato, Ralph Hess, Jerry Baganz, Sue Knauer, Frank Metz, Pete Jushka, and Jerry Gruen

Others Present

Harbor Master Dennis Cherny

Randy Tetzlaff

Roll Call: (Absent: All Members Present)

2. Approve Minutes Of Previous Meeting

Frank Metz made a motion to approve minutes as written and Pete Jushka seconded. Motion carried.

3. Monthly Financial Report

Harbormaster Cherny said that thru August, there are some areas that are down in revenue, and others that are up. He said that the marina is down almost 1000 launches compared to last year, but is up season launches this year compared to last. He said that the marina is down in transients by about $4,000.00. Fuel is also down compared to last year. But, overall, he said that business looks good.

Commissioner Gruen questioned where the Reserve Fund Balance monies were located. Commissioner Metz said that it is probably in a money market. Harbormaster Cherny said that there is $700,000.00 plus in these accounts. The money will go towards paying off the Fifth Pier project, installation of the new bathrooms, and the general fund.

4. Review Proposal Regarding Floodplain Mapping Issue

Randy Tetzlaff, Director of Planning and Development for the City, wanted to discuss the new Floodplain mapping issues for the marina and city. He said that according to the new map, the marina is actually in the floodplain due the wave action. He said that included in the floodplain is North Jackson Street around Newport, to the NW corner of the North Slip, to the West Slip, and everything around it. He said that Ozaukee County was one of the first to be remapped. He said that the maps are preliminary, and the city has 90 days to object. If the city doesn’t make it within the 90 days allotted, the city is stuck with the new map for ten years. So it is imperative to get started by hiring Baird to do the study and analysis of the area now included in the floodplain and to come up with reasons why the marina and other areas in the city should not be included in the floodplain. He is not sure how much it will cost, but he said that it could cost up to $5000.00 and the city wants the marina to pay the majority of the money since the marina is the most affected by the proposal. If the state and the DNR approve the changes, then it will go to FEMA for approval, and hopefully the marina will not be included.

Randy said that the problem with being in the floodplain is that if the marina would want to make any modifications or add on to any of the buildings would have to be built well above all existing structures. The marina would also have to carry flood insurance then.

Commissioner Gruen said that the marina is going to have to spend the money to prove the obvious. He questioned why all the wave studies done when the marina was built, aren’t enough to prove why the marina should not be in the floodplain. Randy said that they do plan on using those studies to aid in the analysis process.

The Commission feels that the city should be solely responsible for paying Baird the $5000.00 for the study. Commissioner Gruen said that it is a city problem, not just a marina problem. They feel that the marina shouldn’t be robbed to pay for this. Perhaps BID would pay for it since it affects part of the downtown. Commissioner Jushka agrees that it should be paid entirely by the city. Pete Jushka made a motion to recommend to the council that the city should finance the entire project regarding the floodplain mapping issue. Jerry Baganz seconded. Motion Carried.

5. Update On Preparation Of 2007 Marina Budget

Harbormaster Cherny said that he has increased the rates by 3%, the cost of living. Life Insurance, wages, water and sewer all were increased by 3%. Gas went up 20%. He also is proposing a 3% increase in slip fees for the marina tenants. He said according to the slip fee comparison chart attached to the agenda, the marina will remain competitive with a 3% increase for next year. It was argued that the marina not increase rates for 2007 due to the fact that the marina is losing tenants to other marinas such as Sheboygan. The slip fees are comparable, but Sheboygan includes more amenities in their slip fee. They include access to the pool and Jacuzzi, dock boxes, and cable TV. They also have floating piers, which have become more popular with the low water problems now. The Harbor Commission decided to support the 3% increase for this year and will look at the impact, if any, for next year.

Harbormaster Cherny is also proposing an increase in transient fees for 2007. Per the guest slip rate chart provided, he said that the marina is very competitive, and will continue to be even with the increase. He would like to raise the rates to $1.25 per foot, plus tax, making it approximately $1.32 per foot. He said that right now fees are at approximately $1.20 per foot plus tax. The Commission felt that Harbormaster Cherny was proposing a fair increase.

Harbormaster Cherny said that is all he has for budget requests at this time. He mentioned that there may be a special meeting at the end of the month, if the budget needs to be approved before the next meeting in October. He will keep the Commission informed.

6. Completion Of Fifth Pier Project

Harbormaster Cherny said that the Fifth Pier has been completed. He said that the decking is better quality than what was originally bid, at no extra cost. Some tenants have already moved to the fifth pier and just love it.

He wanted to mention that he has been considering the possibility of converting our fixed piers to floating docks, sometime in the future. The main pier would stay, and there would be steps down to the floating finger piers. It was questioned about handicap access, and Harbormaster Cherny said that there are several floating docks with handicap access, as well as the launch ramps.

7. Harbormaster’s Report

Harbormaster Cherny said that he doesn’t have much to report for the month, but he did want to mention that the Beluga Ship will be departing the coal dock with in the week. They have just a few more containers to unload he said.

He also mentioned that Ralph Ripple, who is a tenant at the marina and also owns Diver’s Delight charter service, donated an Anchor that they believe came off a coal ship, to the marina. He said that the marina has it displayed at the south end of the marina trailer parking lot.

8. Marina Tenants’ Comments

No Comments.

9. Forthcoming Events

No Comments.

10. Adjournment

Ralph Hess made a motion to adjourn the meeting at 8:13 p.m. and Jerry Baganz seconded. Motion carried.

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Monday August 14, 2006 7:00 p.m., City Hall, Lower Level Conference Room

Members Present

Jimmy Fortunato, Ralph Hess, Jerry Baganz, Sue Knauer, Frank Metz, Pete Jushka

Others Present

Harbor Master Dennis Cherny

City Administrator Mark Grams

Roll Call: (Absent: Jerry Gruen)

2. Approve Minutes Of Previous Meeting

Jerry Baganz made a motion to approve minutes as written and Ralph Hess seconded. Motion carried.

3. Monthly Financial Report

City Administrator Grams said that the revenue is down in transients and daily launches this year. Harbormaster Cherny added that the marina is down 622 daily launches compared to this time last year, but up 10 season launches. He said that fuel sales are also down this year compared to last with gasoline sales at 63,000 gallons sold compared to 75,000 gallons sold this time last year. Diesel sales are also down with 56,000 gallons sold this year and 59,000 gallons sold this time last year. Increase in fuel prices this year does put us up in revenue compared to last year.

Harbormaster Cherny said that when the season starts out slow, it is hard to make up for it later. He said that the marina has 3 more big weekends, and hopes to make up for it then.

4. Update On Fifth Pier Project

Harbormaster Cherny said that the 5th Pier is entirely connected together. Tomorrow afternoon the hope to drill in the pilings. Then, Greisch can start with the plumbing work and Wester can finish up the electrical. By next week they hope to have the pier fully operational. Harbormaster Cherny said that there is roughly 100 feet of fairway between piers 4 and 5. There is at least 4-8 feet of water depth in each slip, so they should be able to accommodate both sail and power boats. The ramp has been built and is in place, and the gate will be built over winter and installed in spring.

5. Harbormaster’s Report

Harbormaster Cherny said that the marina has been busy, even though the numbers are down. He mentioned that the fuel pier sold an astounding $20,000.00 in just credit card fuel sales in just one day! He hopes that this may be a sign that things are looking up as far as business is concerned.

He wanted to bring to the Commission’s attention that the water is down a foot compared to where it was last year at this time, but weeds have not become a problem as of yet. He said that we did have some algae die off, but that is about it.

6. Marina Tenant’s Comments

No Comments.

7. Forthcoming Events

City Administrator Grams did mention to the Commission the possibility of helping fund the rescue boat again next year. Commissioner Jushka also mentioned that the National Weather Service website for the Port Washington Marina is now up and running.

8. Adjournment

Pete Jushka made a motion to adjourn the meeting at 7:32 p.m. and Jerry Baganz seconded. Motion carried.

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June 12, 2006 7:00 p.m., Port Washington Marina Control Building

Members Present

Jimmy Fortunato, Jerry Gruen, Ralph Hess, Jerry Baganz, Sue Knauer, Frank Metz, Pete Jushka

Others Present

Harbor Master Dennis Cherny

City Administrator Mark Grams

Roll Call: (Absent: All Members Present)

2. Approve Minutes Of Previous Meeting

A correction was made to the minutes. Pete Jushka was marked as being absent and should have been marked as present. Frank Metz made a motion to approve minutes as corrected and Pete Jushka seconded. Motion carried.

3. Monthly Financial Report

City Administrator Mark Grams said that the there still isn’t much to report. Revenues and expenses are where a person would expect them to be for the month of May. He did mention, however, that the marina is over on interests on investments for the year already, due to some conservative budgeting.

Harbormaster Cherny informed the Commission where the marina stands compared to this date last year. He said that this year is starting out with a bang. The marina is up by 30 daily launches and 60 season launches from last year. Transient revenue is up $3,600.00, ice is up $200.00, gasoline sales are up $15,000.00 and 2,000 gallons, diesel sales are up $8,000.00 and 1,800 gallons compared to last year at this time. Harbormaster Cherny said that if this holds true, the marina will hopefully have another great year!

4. Update On Fifth Pier Project

  • Harbormaster Cherny said that he spoke with Dan Adams, from Atlantic Meeco, and he said that they have not started the building of the piers as of yet because they haven’t received the performance bond needed to go ahead with the job. When asked if this will delay the project, he said that he believes they will receive the bond by tomorrow and anticipates that all will go as scheduled. They hope to have the piers here by the beginning of July and it will take them approximately 10-14 days to install. So hopefully they will be finished by Fish Day.
  • Harbormaster Cherny asked City Administrator Grams what exactly was a performance bond. He said that the city required them to have one. What it does, is that it requires the company to perform to the standards of the contract. Kind of like an insurance policy.
  • 5. Harbormaster’s Report

  • Harbormaster Cherny said that the marina is full for the season. All boats are in for the season except for maybe 20 or so he said. The water is up over a foot from where we were over the winter he said.
  • He said that August 20th is the expected arrival date of the two 450’ ships bringing the remainder 2 units for the power plant. One ship may arrive two or three days earlier than that. It was questioned whether or not it was deep enough for the ships to come in here. Harbormaster Cherny said that the ships draw approximately 15’ and the depth of water along the coal dock is 22’. The ship company did come out and do their own soundings just to be on the safe side.
  • 6. Marina Tenant’s Comments

    No Comments.

    7. Forthcoming Events

    City Administrator Grams wanted to mention to the Commission about the status of the North Slip restrooms. He said that even though there were some unforeseen delays due to electrical wiring and weather, the project was put on hold for a week or so. They are hoping to have them done for the Fourth of July. He said that the marina will tend to the restrooms in summer and that Park & Rec will take care of the cleaning in winter. Harbormaster Cherny said that the restrooms will be locked at 10pm every night just like Park & Recs’ bathrooms and marina bathrooms are.

    8. Adjournment

    Pete Jushka made a motion to adjourn the meeting at 7:17 p.m. and Ralph Hess seconded. Motion carried.

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    Monday May 8, 2006 7:00 p.m., City Hall, Lower Level Conference Room

    Members Present

    Jimmy Fortunato, Jerry Gruen, Ralph Hess, Jerry Baganz, Sue Knauer, Frank Metz, Pete Jushka

    Others Present

    Harbor Master Dennis Cherny

    City Administrator Mark Grams

    Roll Call: (Absent: All Members Present)

    2. Approve Minutes Of Previous Meeting

    Jerry Baganz made a motion to accept the minutes as written and Ralph Hess seconded. Motion carried.

    3. Election Of Chairman And Vice Chairman

    Chairman Jerry Gruen opened nominations for Chairman and Jerry Baganz nominated Jerry Gruen as Chairman and was seconded by Pete Jushka. Pete Jushka made a motion to close nominations and was seconded by Jerry Baganz. Motion carried. Jerry Gruen opened nominations for Vice Chairman and Pete Jushka nominated Frank Metz as Vice Chairman and was seconded by Ralph Hess. Pete Jushka made a motion to close nominations and Jerry Baganz seconded. Motion carried.

    4. Monthly Financial Report

    City Administrator Mark Grams said that the there still isn’t much to report for April. Revenue is still coming in and there have been minimal expenditures. He and Harbormaster Cherny said that there should be something to report next month as the season gets busier.

    5. Discuss Development Of Piers In West Slip (Appearance By Mike Speas)

    Mike Speas, a local developer, wanted to inform the Harbor Commission about plans that he and his partners have about building and installing 11 floating slips on the south side of the west slip. He said that he contacted the DNR and they will be drafting a letter stating that due to his riparian rights, he will be able to install slips based on a "reasonable use formula". Mike Speas and his partners were originally going to apply for a small marina permit until they heard about the extensive application process. So they decided to go ahead with the 11 floating slips allowed by the reasonable use formula. The commission said that they would like to see a copy of this letter from the DNR stating that he has the right to put these slips in, since just a couple of years ago the DNR had drafted letters stating the opposite. Commissioner Gruen stated that because of the letters they received from the DNR a few years ago stating that putting slips in the west slip violates the lake bed grant, has him very concerned. He said that one false step on our part and the lake bed grant goes back to the state of Wisconsin. He said that he has a hard time believing that because the partners have riparian rights to the water that they are able to build a small marina of sorts. Harbormaster Cherny questioned whether the marina could build slips in the west slip then, since the city holds the lakebed grant. City Administrator Grams said that you can’t impede on his riparian rights, because they supersede the lakebed grant. Commission member Hess questioned whether they were going to do anything to protect that area since just a few weeks prior he had seen 3-4 foot waves in the west slip. Mike Speas said that they have been watching the area for years and see no danger or need to build any form of protective structure. Commissioner Gruen also questioned what the tax implications may be. Mike Speas just said that all he is trying to do is bring a little vitality to the west slip area. He also said that as of now, the Harborside is not interested in putting slips on the north side of the west slip.

    6. Discuss Allowing Food Vendors On Marina Property

    City Administrator Grams said that a couple of weeks ago a food vendor was heard by the finance committee about wanting to set up a hot dog cart down by the marina. They would like to stay in one spot. He said that as it reads now, the City code allows vendors on city property, but they must move their carts every fifteen minutes. He said that he does have some concerns about allowing them. These vendors, he said, have indicated that they would like to permanently set up shop down at the marina. Once you allow one, where does it end he questioned. He said that he is also concerned as to what effect these vendors would have on local businesses. Member Fortunanto questioned why it can’t be limited to just local businesses that have vendor carts at the marina. City Administrator Grams said that you can’t discriminate against outside businesses, everyone has the same right. Harbormaster Cherny said that the marina doesn’t have room for vendor carts. Parking is already limited with not enough spaces for all of our tenants to park. Commission members agree that stationary carts should not be allowed, but moving vendors may be considered if the city would create a limit as to how many carts may get permits.

    7. Review Agreement Between City And Owners Of Newport Shores (5th Pier Project)

    City Administrator Grams said that the City Attorney has met with the attorney and owner of Newport Shores to develop an agreement regarding the 5th pier project. According to #9 of the agreement, favorable recommendation needs to be made by the City’s Harbor Commission and Plan commission to the Common Council. According to the agreement, Newport shores will receive the use of two of the floating piers. They will pay a nominal fee and have to abide by all rules and regulations of the marina. They will not be able to lease, rent or sell the two slips on Pier 5. They would still like the right to put in a pier of their own if and when the lake level would ever go up. Due to riparian rights, they will be able to put in a pier as long as it doesn’t interfere with Pier 5 and upon doing so they give up their rights to the two slips on Pier 5. It was negotiated as to what would be in the agreement. If there should be any changes, they will bring it back to the Harbor Commission. Frank Metz made a motion to recommend to the Council approval of said agreement and Ralph Hess seconded the motion. Motion carried.

    8. Update On Fifth Pier Project

    Harbormaster Cherny said that Dan Adams, from Atlantic Meeco, has issued a shop order for the building of the slips. They believe that the delivery date will be sometime on or around July 4th. Once they have installed them, then Greisch can install the plumbing and Wester can install the electric.

    9. Discuss Ordinance To Restrict Alcoholic Beverages In Certain Areas Of The Marina

    City Administrator Grams said that the City attorney along with city staff, are working on an ordinance that would restrict the consumption of alcoholic beverages in areas of the marina. This would affect tenants and transients as well as the general public. Concerns have arisen in the last couple of years with some unruly shore fisherman in spring and fall. As the law reads now, tenants and transients could have received tickets for drinking in public ways, but police have looked the other way, unless there was a problem. The current proposal would allow drinking at the marina from May 1st to October 1st in only certain areas of the marina being the piers and slips. As the new proposal reads, it does not allow drinking of wine, so that will need to be added to the proposal. Frank Metz made a motion to approve the ordinance to allow alcoholic beverages May 1st to October 1st in certain areas of the marina as well as a provision for wine. Pete Jushka seconded the motion. Motion carried.

    10. Review The Floodplain Maps That Affect The Marina Area

    City Administrator Grams said that FEMA put together new maps showing where the floodplain and flood ways are for the city. The marina buildings are now located in the floodplain and the flood way area along with other city buildings that were not in that area on previous maps. That would mean that if the marina would ever want to add onto to one of the buildings, they have to be built at a minimum of 2 feet higher than the existing structures. City officials will be working with FEMA to see if we can be taken out of the flood way.

    11. Harbormaster’s Report

    Harbormaster Cherny wanted to bring to the commission’s attention a letter that was written to the Ozaukee Press criticizing the marina. Harbormaster Cherny said that he met with the couple who wrote the letter today and walked with them out to their slip to address their concerns. He mentioned to them that he wished that they would have come to him directly with their concerns, instead of writing a letter to the Press. They parted company both being happy with what they had discussed and the solutions that were made. The couple plans on writing a retraction letter to the Press apologizing for criticizing the marina.

    Harbormaster Cherny informed the commission that Jerry the security guard at the marina for the last number of years, won’t be returning to work this year. He has hired Dennis Klicker to fill his position.

    Two ships, from Beluga Company, will be bringing the materials for the second phase of the power plant construction sometime between August and September. Each ship is approximately 500 feet long.

    He said that the marina purchased gasoline on Saturday and the new price per gallon of 93 octane gasoline at the fuel pier will be $3.18 per gallon, which, he says, isn’t too far from what they charge at the pump in town. The marina continues to remain competitive with its fuel prices. He had heard that down in Winthrop Harbor, they are charging $3.80 per gallon.

    Harbormaster Cherny said that Lakeland Boating did a wonderful 7 page article on Port Washington and the marina in their May 2006 issue. Port Washington has become "the" place to come in the last couple of years, and the popularity just continues to grow!

    12. Marina Tenant’s Comments

    No Comments.

    13. Forthcoming Events

    City Administrator Grams and Harbormaster Cherny informed the commission of most of the summers up coming events at the marina. Events at the marina include Pirate Festival coming up the first weekend in June. The Disabled Vets fish outing June 21st. Double-handed sailboat race June 22nd. GLSF fishing derby July1-3rd. GLMS and Cruisers Yachts Rendezvous July 7-9th. Fish Day July 15th. Lions Derby July 28-30th. Clipper Cup sailboat race August 11th, and Maritime Heritage Festival August 12-13th.

    Jerry Gruen also mentioned to the commission that he did e-mail the drafted letter regarding the TPA Amendment that he left for the members to look over, to Senator Grothman. He said as we all know, the bill did not pass at the local level anyway, so the marina doesn’t have to worry about restricting the amount of revenue collected.

    14. Adjournment

    Frank Metz made a motion to adjourn the meeting at 8:13 p.m. and Ralph Hess seconded. Motion carried.

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    Monday April 10, 2006 7:00 p.m., City Hall, Lower Level Conference Room

    Members Present

    Jimmy Fortunato, Jerry Gruen, Ralph Hess, Jerry Baganz, Sue Knauer, Frank Metz

    Others Present

    Harbor Master Dennis Cherny

    City Administrator Mark Grams

    Roll Call: (Absent: Pete Jushka)

    2. Approve Minutes Of Previous Meeting

    Commissioner Hess pointed out a correction that should be made to minutes #10. Under number ten he is listed as voting aye to a motion when he was not in attendance at the meeting. Frank Metz made a motion to approve the minutes as corrected and Jerry Baganz seconded. Motion carried.

    3. Monthly Financial Report

    City Administrator Mark Grams said that it is still early in the year. Revenue has been good and expenditures have been down.

    4. Fifth Pier Project

    City Administrator Grams said that they did receive the revised numbers from Atlantic Meeco. The Common Council approved to go forward with the revised bid for the project. The revised numbers show a 6.2% increase from last year. The total project bid for 2006 is now $183,351.00, which is within the limit, so the project will not have to be re-bid and the city can accept the new numbers as a change order. He mentioned that the only other bidder was Skipper Buds with a projected cost of $198,000.00, so Atlantic Meeco’s bid is still the lesser of the two even with the increase. The city has sent the contracts to Atlantic Meeco. Regarding negotiations with John from Newport Shores, he hopes that this week everything will be resolved. Once everything is resolved and the city receives the signed contracts from Atlantic Meeco, the project will be underway. Harbormaster Cherny added that once they receive the okay to go ahead with the project, it should only take Atlantic Meeco seven weeks to construct the piers. He said that hopefully the piers will be in sometime this summer.

    Commissioner Gruen said that he did raise some concerns to the City Attorney about giving Newport Shores’ two slips that would run with his land, if that would violate the Lake Bed Grant or not. City Administrator Grams said that they will have to pay a nominal fee as well as follow the rules and regulations of the marina.

    5. Hiring Of New Seasonal Employees

    Harbormaster Cherny said that he would like the listed individuals approved for hire. Frank Metz made a motion to approve the hiring of new seasonal employees and Ralph Hess seconded. Motion carried.

    6. Effect Of Taxpayer Protection Amendment (TPA) On Marina

    City Administrator Grams said that the Taxpayer Protection Amendment would restrict the amount of money that can be taken in based on inflation rate. This means that the marina’s revenue can be restricted by the amount collected. So if the marina has a surplus, that revenue would go back to the taxpayers rather than into the reserve fund for future projects or marina repairs. He mentioned that he had sat down with Senator Glenn Grothman, an author of the TPA, and voiced his concerns as to the negative effect this legislature will have on the marina. Senator Grothman said that he would see about making a change to exclude the marina, but City Administrator Grams has yet to see anything in writing. He warned that if this, in its present form, goes into effect, that it could have a maximum effect on the marina. He said that they are to go into session in two weeks. He said that under this proposed legislation, every time you would want to borrow money, it would have to go to referendum. He said that Moody’s, the city’s investment service, says that you need to have a reserve fund balance of 10% of your budget. They see several problems with this bill. City Administrator Grams said that the marina in the end will be penalized for doing a great job financially.

    Commissioner Jerry Gruen said that he would like the Harbor Commission to take a stand against this bill. He said that it won’t hurt anything if they exclude the marina. Commissioner Gruen said that he will draft a letter to Senator Grothman and leave it for review by other commission members before they sign and send it out. He said that those commission members that want to draft their own letters should do that as well.

    City Administrator Grams said that this legislature doesn’t take into consideration a lot of the negative effects that this can have on a municipality. He hopes that a clause can be added to exclude the marina from the bill.

    7. Harbormaster’s Report

    Harbormaster Cherny said that the marina has only three open slips left for the season and anticipates that they will be rented soon. He is planning on having all the water on at the marina before the weekend. The water lever is still down one and a half feet, be he said that with having the marina dredged a couple of years ago, the low water is not causing a problem. He also suggested having the May meeting at the Marina.

    8. Marina Tenants’ Comments

    No Comments.

    9. Adjournment

    Ralph Hess made a motion to adjourn the meeting at 7:33 p.m. and was seconded by Jerry Baganz. Motion carried.

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    Monday March 13, 2006 7:00 p.m., City Hall, Lower Level Conference Room

    Members Present

    Jimmy Fortunato, Jerry Gruen, Pete Jushka, Jerry Baganz, Sue Knauer, Frank Metz

    Others Present

    Harbor Master Dennis Cherny

    City Administrator Mark Grams

    Roll Call: (Absent: Ralph Hess)

    2. Approve Minutes Of Previous Meeting

    Jerry Baganz made a motion to accept the minutes as written and Frank Metz seconded. Motion carried.

    3. Monthly Financial Report

    City Administrator Mark Grams said that there wasn’t much to report for February.

    4. Providing Additional Charter Boat Slips

    Harbormaster Cherny said that there have been numerous requests from our tenants to add additional charter slips. Two of the tenants requesting charter slips, Stu Natale slip NS10 and Bart Mattice slip NS13, are already in slips in the North Slip area between existing charters. They just ask that their slips be changed to charter slips. He said that there is also one additional slip that is open in the North Slip and would like to make that a charter slip. Commission member Metz questioned whether there was a ruling or not regulating the number of charter slips allowed in that area. Commission member Baganz added that he thought the y had to have a certain number of slips available in case of emergency, but that is why the marina has all the wall space available in the North Slip. The only other question the commission had was whether this would upset and take away business from the other charter captains. Stu Natale added that he had a letter signed by the Charter Captain’s Association welcoming him to become a charter. The commission agreed with Harbormaster Cherny that the additional charter slips should be added since there seems to be no opposition from anyone.

    5. Hiring Of Seasonal Employees

    Harbormasters Cherny requested approval for the hiring of employees that worked at the marina last year and are interested in coming back this year. Frank Metz made a motion to approve the hiring of seasonal employees and was seconded by Jimmy Fortunato. Motion Carried.

    6. Update On Slip Rentals

    Harbormaster Cherny mentioned that the marina has 7 slips open as of right now. One of those slips is open in the North Slip and will become a charter slip, so that leaves 6 slips open in the main marina. Four 36’ slips and two 40’ slips. We had 31 open slips and filled 25 of them with people from the waiting list so far. He feels that the remaining six slips will be rented before the start of the season. He also informed the commission that they revamped the floating piers with new factory made floats, getting rid of the barrels that were previously used.

    7. Monthly Harbormaster’s Report

    Harbormaster Cherny said that there isn’t much to report. The ice-eaters have only been run for a couple of weeks this year, so electric costs should be down this year. He said that the power plant has been running more frequently helping to keep the marina free of ice. He also mentioned that the pump in the North Slip seems to be doing its job and has helped keep that area free of ice as well. He also mentioned that the lake level is still down 1.8 feet from last year’s high.

    8. Marina Tenants’ Comments

    No Comments.

    9. Forthcoming Events

    City Administrator Grams wanted to inform the commission about the North Slip restroom project. He said that Thursday the final design will come up for approval at the Planning Commission meeting and on Tuesday will come up for approval by the Council. If everything goes well the bathrooms, which will be built by the city crew behind the existing pump station, are projected to be done by mid June.

    10. Motion To Go Into Closed Session According To Wisconsin State Statute 19.85 (1) (g) To Confer With Legal Council Rendering Oral Advice Concerning Strategy To Be Adopted By The City With Respect To Litigation It May Become Involved In

    Pete Jushka made a motion to go into closed session according to Wisconsin State Statute 19.85 (1) (g) to confer with legal council rendering oral advice concerning strategy to be adopted by the city with respect to litigation it may become involved in and Ralph Hess seconded the motion. Jimmy Fortunato voted aye, Jerry Baganz voted aye, Jerry Gruen voted aye, Sue Knauer voted aye, Pete Jushka voted aye, and Frank Metz voted aye. Motion Carried.

    11. Adjournment

    Frank Metz made a motion to adjourn the meeting at 7:34 p.m. and was seconded by Pete Jushka. Motion carried.

    *Corrected March 13, 2006 minutes

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