Appointments For 2 Peshtigo Police Officers Now Official

Appointments of Jared Phillips for regular assignment as Assistant Peshtigo Police Chief and Steve Kessler for a full time position as a patrolman on the Peshtigo Police Force were enthusiastically approved by City Council at their regular monthly meeting Tuesday evening, Sept. 4.

The actions were based on recommendations from Police Chief Kent Kline, supported by the Personnel Committee, to lift the probationary period for Phillips and place him on the Assistant Chief salary schedule effective Friday, Sept. 7, and end the probationary period for Officer Kessler and place him on full schedule patrolman’s pay effective Friday, Sept. 21.

Kline wrote that Phillips “has predictably met or exceeded my expectations for a young supervisor and has proven to be very beneficial to me as a manager. His willingness to learn and take on some of the responsibilities of this office has enabled me to better do my job. Assistant Chief Phillips has shown that he can maintain day to day operations in my absence and I have every reason to believe that he will continue to learn and succeed in this position.”

Kessler’s probationary period was due to expire on Sept. 21, Kline wrote. He said the officer had gone through an eight week field training program with Assistant Chief Phillips before working a shift on his own, and had shown an ability to handle himself in a professional manner and has proven to be an excellent representative of Peshtigo Police Department and the City of Peshtigo.

Before the unanimous votes in favor of permanent positions for the two officers, Alderman Cathi Malke expressed thanks to the two officers for all their fine work, and asked Chief Kline to relay the message to each man “that we’re lucky to have him”.

Alderman Fred Meintz reported components for the new outdoor warning siren had arrived earlier in the day and he expected installation to begin shortly. There was a bit of joking about having them blown for the ribbon cutting ceremony for the new bridge, which hopefully is to be open to traffic on Monday, Oct. 8. The sirens are expected to be working yet this fall.

Following the brief meeting for regular business, Council went into closed executive session to confer with City Attorney David Spangenberg on a pending legal matter. When they returned to open session after only a few moments behind closed doors motion was promptly made, seconded and unanimously approved to remain part of class action “municipal derivatives antitrust litigation” that could result in the city being awarded part of a $37 million settlement that may be paid by several national level financiers, including JP Morgan, Wells Fargo and Morgan Stanley.

Spangenberg explained later that the amount the city receives may not be very large. The lawsuit claims that there was bid rigging in the sale of municipal derivatives (mainly municipal bonds) by several companies from Jan. 1, 1992 through Aug. 18, 2011. A partial settlement of the class action has been reached with one of the defendants, Morgan Stanley. There are proposed settlements with JP Morgan and Wells Fargo Bank N.A./Wachovia Bank, N.A. The court will hold a hearing on Dec. 14, 2012 to consider whether the proposed $37 million settlement should be approved as fair, reasonable and adequate. The lawsuit against other defendants continues. Included as possible beneficiaries of the settlement are state, local or municipal government or private entities that purchased municipal derivative transactions from the defendants through negotiation, competitive bidding or auction during the time periods in question.

Spangenberg said the other choices would have been for Peshtigo to withdraw as participants in the class action suit and file its own action, or withdraw and do nothing. By making the choice they did the city stands to gain a percentage of the proposed $37 million settlement.

Just how substantial an amount the city could expect to realize as its share of the settlement has not been determined, Spangenberg said.

Rust Consulting Inc. of Faribault, Minn. is handling the case.

In addition to JP Morgan, Wells Fargo and Morgan Stanley, named provider defendants are Bank of America, N.A., Bear Stearns & Co. Inc., Piper Jaffray & Co., Societe Gernerale SA, National Westminster Bank Pic, Natixis Funding Corp. and UBS AG.

Named as broker defendants are CDR Financial Products; George K. Baum & Co.; Investment Management Advisory Group, Inc.; Piper Jaffray & Co., Sound Capital Management, and Winters & Co. Advisors, LLC.

Named as Broker Co-Conspirators are Feld Winters Financial LLC; First Southwest Company; Kinsell Newcomb & De Dios Inc.; Mesirow Financial; Morgan Keegan & Co., Inc., and Packer Kiss Securities, Inc.

Alderman Meintz, who chairs the Water and Sewer Committee, reported that water bills will probably be going up in December. The last formality before the price hike requested by the city can go into effect has now been completed, Meintz said. Wisconsin Public Service Commission conducted a hearing in the City Council Chambers of the Municipal Building at 10 a.m. Tuesday, Aug. 28.

A street use permit application for the Peshtigo Historical Day Parade on Saturday, Sept. 22 was approved without dissent. On the application, Parade Chair David Zahn wrote of the proposed use: “Annual Historical Day Parade, including marching bands, military units, emergency vehicles, classic cars, business floats, youth units, horses, historical units, tons of candy, politicians and clowns.” He anticipates about 100 units in the parade in addition to thousands of spectators.

Council approved a motion to have an ordinance prepared to rezone the property of Louise Bayer at 981 McGraw Street at her request from R-1 and I-1 to all I-1, and to schedule a public hearing. They unanimously approved a certified survey map of the property as prepared by Surveyor Hugh Guy on Bayer’s behalf.

During time for public comment at the start of the meeting District Attorney Allen Brey briefly addressed the Council. He is running unopposed on the Democratic ticket in November for return to the DA office he currently holds, and also has announced that he will run in spring for the Marinette County Circuit Court position formerly held by retired Judge Tim Duket. Gov. Scott Walker appointed Atty. Jim Morrison to fill that vacancy, and Morrison also has announced he plans to run in spring.

Brey congratulated Peshtigo on the pending reopening of the bridge, and commended the city and its residents for working together to reduce the hazards posed by the huge rock piles in the river, leftover from rock cribs of the old logging days.

Council approved a Judiciary Committee recommendation that all e-mails and correspondence must be done according to law, which means they would go through the city and be on city stationary. Alderman Mike Behnke asked how the rule would be followed, and was informed by Committee chair Alderman Mary Lock that they are working on the details. Meintz said if aldermen do get e-mails at their personal web addresses they should bring a copy to City Hall.

Behnke said on the following day - Wednesday, Sept. 5, he had to fill out an important document related to the Peshtigo River Dredging project and forward it at once to the Corps of Engineers. He said he could not do what he needs to do on the city site.

Lock said their purpose was to be sure copies of all official correspondence are on file at City Hall.

The Judiciary Committee also had discussed a letter received from John Jerome Harper asking for a no wake zone for power boats during the fishing season, but had decided to take no action, Lock reported.

On request of Alderman Malke, the committee considered adding a ban on feeding deer to the city’s animal control ordinance, but after Mayor Al Krizenesky intervened, they set the discussion aside without action.

At the council meeting, Malke said it is really hard for people who enjoy nicely landscaped yards to compete with the deer that their neighbors attract by setting out feed.

Krizenesky said there would be no stopping the deer from coming in anyway, and people who put out corn are already violating DNR laws. He said he does not set out feed, but the deer come regularly to strip off his apple trees.

Lock said her Judiciary Committee had discussed steps the city plans to take in regard to conditions of rental properties and other buildings within the city limits and other problems raised by Building Inspector Ronald Banach but had come to no conclusions and will discuss the issues again at a later date.

Building permits were approved by Banach for Ralph and Patricia Schneider to replace the siding and end windows on their home at 121 S. Beebe Ave., at an approximate cost of $1,900; Bill Babiash to enclose his back yard at 400 Hemlock Street with a 4’ chain link fence; Fred Meintz to replace asphalt shingles and possibly gutters on his home at 621 McCagg Street, and the City of Peshtigo to have J&T Electric put up two 50-foot wooden poles with 60 amp electric feeders for the tornado sirens.

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