Saturday, October 02, 2010

Blue Sky in the Water




I took advantage of very calm conditions early Friday morning, October 1, 2010 to take a few photos at the Winnequah Park lagoon.

A little cropping and flipping.





Winnequah Park Lagoon, Monona, Wisconsin

28th Annual Chili Cook-off is TODAY - Saturday, October 2

The  MGBMA Annual Chili Cook-off takes place today - Saturday, October 2 - on the grounds of the Americinn in Monona at the corner of Broadway and Monona Drive.

Chili day is a fun day for the chefs, their helpers and the general public.  The chefs take their chili seriously, and no two chilis are the same...some are just a little hotter than others.  Many participants set up signs and displays and wear crazy costumes.  Cooking starts at 7:30 am.  Judging starts at noon.  Chili samples may be purchased for 50 cents each (after noon).

And there's more than just chili...



•Lioness Raffle and Bake Sale

•Classic Car Show

•Pony and Horse Rides

•Face Painting

•Live Music by Chameleon (Classic Rock)

•Food (Chili, Chili Dogs, Hotdogs, Brats and Snacks)

•Beer, Soft Drinks, Bottled Water

•Babcock Hall Ice Cream

Friday, October 01, 2010

Post a Question

It's been awhile, so here's your chance to ask a question. Go ahead. Somebody out there may even have an answer - oh, wait that's my job. Questions related to Monona are likely to get more accurate answers than most other stuff.

Monona CDA Closes Its Doors - To the City Council

The Monona Community Development Authority adopted a policy this week that generally excludes Monona city council members from attending its closed sessions. I previously blogged this subject during the debate over the Meriter Clinic developers agreement after I was prohibited from sitting in on the CDA's closed session.

The city administrator relayed the decision in an email that first set forth the policy:

“Attendance at a closed session is limited to the body, necessary staff and other officers, such as clerk and attorney, and other persons whose presence is necessary for the business at hand.”


The email continued with this explanation:
The parent body (City Council) must be admitted to closed session only if meeting is a subunit of a larger body (like the finance committee). The League of Wisconsin Municipalities handbook says that statutory boards and commissions (like the Library Board, CDA, Police and Fire Commission) are “probably not” subunits of the Council. Exclusion of members is covered by 19.89 of state statutes.

The CDA statutes (66.1335 (1)) state that the CDA is “a separate body politic” which clearly distinguishes it from a simple subunit of the Council, and therefore means that Council members should be excluded from closed CDA sessions.
 
I replied as follows:
 
I agree that excluding council members from closed sessions is within the power of the CDA.


One question: Does the policy apply to the Mayor also?

I disagree with your statement that because CDA is a separate body politic that therefore "Council members should be excluded from closed CDA sessions."

The word 'should' expresses a policy choice and I think excluding council members is a very bad choice. For many years the CDA struggled with very little funding. The council finally set up mechanisms to fund the CDA so it could achieve its goals. Now the CDA expresses its independence by choosing to keep council members in the dark about its deliberations and negotiating strategies.

This policy will cause delays in council approval of CDA proposals since we will need time to get up to speed.

I would also note that the CDA has made very extensive use of closed sessions in the past. The Milton case placed stringent limits on the use of closed sessions. I would ask that the CDA use closed sessions as sparingly as possible and take caution that closed session discussions do not stray into other topics that should be discussed in open session.


Basically, I agree the CDA has the power to adopt this exclusionary policy, but that begs the question whether it is a wise policy that furthers the interests of the CDA or the city as a whole. Sometimes the wisest use of power is knowing when not to exercise it.
 
To be clear, I do not propose that council members should take an active role in the CDA's closed sessions, but if an alder wants to sit in for the purpose of gathering information, then they should generally be allowed to do so. Excluding the council could lead to delays and increase costs by making the CDA's consultant attend more meetings.
 
When a TIF development is on the table, the city council is going to have to approve or reject a developers agreement that the CDA has negotiated. It would be useful for the alders not on the CDA (two alders are on the CDA) to understand not just the end point of negotiations, but how the two sides got there.
 
 
Closed sessions are especially important with regard to the CDA because it is a rare meeting that does not include a closed session.
 
As noted above, the CDA has made extensive use of closed sessions. You can see archived CDA agendas here. Unfortunately, the CDA does not conform to the city's policies to post not only agendas and minutes, but also meeting packets.
 
The Open Meetings Law strictly limits the use of closed sessions to the specifically enumerated purposes in s. 19.85 Stats. The degree of this limitation was spelled out by the Milton case. Closed sessions for the purpose of negotiating, particularly negotiating developers agreements, may only be used they are "required". The Milton case states that only having "...a valid reason for desiring to close its meetings that nevertheless fails to establish closed meetings are required." (My emphasis).


State of Wisconsin ex rel. Citizens for Responsible Development v. City of Milton, 2007 WI App 114, 731 N.W.2d 640, 2007 WI App 114.

An article by attorney Christa Westerburg from the State Bar's Wisconsin Lawyer magazine argues that, "With a little care, open government and economic development can coexist, with the public reaping the rewards of both. "

Open Meetings Law resources from the Wisconsin State Law Library. The state DOJ's 2010 Open Meetings Law Compliance Guide.


CDA Meetings with closed sessions in 2010:
 
August 16 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=507
 
August 5 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=516
 
July 27 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=480
 
July 20   http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=481 (These are the minutes, which have the year stated incorrectly)
 
June 30 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=471
 
May 25 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=436
 
May 3 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=440
 
April 27 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=385
 
March 23 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=358 (A closed session was on the agenda, but it appears that no closed session was held.)
 
March 18 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=354 This agenda identifies the subject of the closed session as "Consideration of TIF request", which may very well not provide adequate notice.
 
February 23 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=332 
January 26 http://www.mymonona.com/pages/city_government/committees/doc_includes/export_file.php?id=333

Sunday, September 26, 2010

Monona Fall Festival Photos

The Monona Fall Festival was a huge success with turnout more than doubling last year. Here are a few photos with more posted on Photobucket. The photos don't do justice to the size of the crowd. I was selling hot dogs, apple cider, and caramel apples during the peak. Thanks tp the sponsors and volunteers. Music was great. Kayak rides and pony rides had lines that would have gone out the door, except that we were already outdoors....