COMMITTEE OF THE WHOLE Packet - 11/11/2014
CITY OF MUSKEGO
COMMITTEE OF THE WHOLE AGENDA
November 11, 2014
6:00 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF AGENDA
APPROVAL OF MINUTES - October 14, 2014
NEW BUSINESS
1. Review of Fireworks Ordinance
2. Discussion on Monthly Common Council Meetings and Public Comment Time Period
for All City Meetings (Atty Larson)
3. Update Regarding Management of Parks & Recreation Department
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
1. Essential service operations - December 26th
ADJOURNMENT
Possible reconvening of the Committee of the Whole immediately following Common Council
Meeting of the same date to continue work on agenda items
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, MUSKEGO CITY HALL, (262) 679-4100.
Unapproved
CITY OF MUSKEGO
COMMITTEE OF THE WHOLE MINUTES
October 14, 2014
6:30 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:30 p.m.
ROLL CALL
Present: Ald. Wolfe, Hammel, Borgman, Di Pronio, Engelhardt, Kubacki and Madden. Also
present: Director of Finance and Administration, City Labor Attorney Korom and Deputy Clerk
Blenski.
STATEMENT OF PUBLIC NOTICE
The Deputy stated the meeting was properly noticed.
APPROVAL OF AGENDA – There were no issues with the agenda.
APPROVAL OF MINUTES - September 23, 2014
Alderman Kubacki made a motion to approve the September 23, 2014 minutes.
Alderman Wolfe seconded.
Motion Passed 7 in favor.
CLOSED SESSION
Alderman Borgman made a motion to convene into closed session pursuant to
Wisconsin Statutes Sections 19.85 (1) (c) (f) and (g) to discuss the department
structure and performance of specific employees in the Parks and Recreation
Department and the Assessor's Office in light of possible budgetary options in those
areas. Action may be taken in closed session. The Committee of the Whole will then
reconvene into open session to continue with agenda items. Alderman Madden
seconded. City Attorney Korom was present; the Deputy Clerk was not.
Motion Passed 7 in favor.
OPEN SESSION
Alderman Kubacki moved to reconvene into open session at 7:29 pm. Alderman
Madden seconded; motion carried. Attorney Korom was dismissed.
Discuss merging of Special Revenue Funds - EPI Standing Committee (#207) & Future
Parkland Standing Committee (#213).
Alderman Borgman briefly left the meeting to inform the people in the Muskego Room that the
Committee was running late.
Ms. Mueller stated these are two small separate accounts related to the landfill. Alderman
Madden suggested merging them. Ms. Mueller stated there is no activity, only interest
earnings. There were six in favor. Alderman Borgman returned to the meeting.
Discuss Options for Updated Transportation Aids Amount in General Fund Operating
Budget
Ms. Mueller reported that transportation aids came in $184,000 higher than anticipated. She
stated the number is still an estimate. She reviewed several options for the money. One of
the budget goals was to put money in reserve to fund future projects or expenditures. Ms.
Mueller stated that another budget goal was to utilize net new growth to keep taxes flat.
Several aldermen supported putting the money in reserve. Alderman Wolfe suggested the
money go back to the taxpayers. Alderman Borgman suggested putting the additional money
towards the Woods Road Bridge reconstruction. There were 5 in favor and Aldermen Wolfe
and Hammel opposed.
Review Water and Sewer Utility Budgets
The water budget reflects a 3% rate increase. The sewer budget does not propose a rate
increase at this time. However, MMSD costs have skyrocketed; fund balance has decreased
substantially. A rate increase will have to be reviewed in the future.
Review Budget Goals and Final Recommendations
Alderman Hammel questioned the costs for the contracted assessor services.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
None
ADJOURNMENT
Alderman Madden made a motion to adjourn at 7:49 pm. Alderman Kubacki
seconded.
Motion Passed 7 in favor.
Minutes transcribed by Jill Blenski, Deputy Clerk
Village of DeForest
USER’S PERMIT APPLICATION FOR DISPLAY OF
FIREWORKS
Application must be submitted 45 days prior to the requested date of use. Permits shall not be issued to minors.
** ALL AREAS MUST BE COMPLETED. IF NOT APPLICABLE, PLEASE INDICATE N/A IN AVAILABLE SPACE**
Submittal Date:______________ FEE: $40.00
SECTION 1. General Information. (Attach copy of driver’s license to application.)
Applicant: Telephone:________________ Email Address:
Date of birth: _________________________ Driver’s license number: ___________________________________________
Sex: ________________________________ Race: __________________________________________________________
Name of sponsoring organization: ________________________________________________________________________
Relationship of applicant to sponsoring organization:__________________________________________________________
Mailing Address: ______________________________________________________________________________________
(Street Address) (City/Village/Town) (State) (Zip Code)
Sponsoring Organization is a(n): (Check the one that best applies) Group of Individuals
Amusement Park Park Board
Civic Organization Public Authority
Fair Association Other _______________________________
Agricultural producer who will use the fireworks for protection of crops from predatory birds or animals
SECTION 2. Fireworks Information.
Provide a complete list of all fireworks to be used or displayed by the applicant or sponsoring organization on the indicated
date, including trade name, description, manufacturer and quantity for each firework, on the attached Appendix A.
Purpose of Event: _______________________________________________________________________________________
Date of Display: Rain Date:
Start time of Display: End time of Display:
Street address where fireworks will be displayed:
Street address and location where fireworks will be stored, and type of storage building:_____________________________________
SECTION 3. Crimes and Ordinance Violations.
Have you or has the sponsoring organization listed above ever been convicted of any state or federal crime (including felony or
misdemeanor) pertaining to, or of violating any ordinance regulating, the sale, transfer, possession, use, storage or handling of
fireworks, firearms or explosive devices, within the past five (5) years?
Yes ____ No____ If yes, conviction (s) applies to: Applicant_____ Sponsoring Organization _____
Are any charges pending against you or the sponsoring organization for any alleged violation of any state or federal statute or
regulation pertaining to, or municipal ordinance regulating, the sale, transfer, possession, use, storage or handling of fireworks,
firearms or explosive devices? Yes ___ No___ If yes, charge(s) applies to: Applicant____ Sponsoring Organization ____
If you checked “yes” for either (or both) of the above items, describe the circumstances of all charges including the jurisdiction in
which they were brought or are pending and the date(s) of the alleged offense(s). (Attach separate sheet if necessary):
Charge Date of
Alleged
Offense
Jurisdiction Date of
Conviction
Circumstances
SECTION 4. Certification, Insurance, and Indemnification.
I HEREBY AGREE AND CERTIFY the above information is correct. I understand this permit is valid only for the
date(s) of issue and to comply with all Wisconsin Statutes and the Village of DeForest Ordinances. A violation of any of
the above shall be cause for permit to be immediately revoked by the Village of DeForest Fire Department, the DeForest
Police Department and/or the Village President.
The applicant or sponsoring organization must provide a copy of a certificate of liability insurance, naming the Village of
DeForest as additional insured, in the amounts of $1,000,000.00 bodily injury to one person; $2,000,000 for injury to more
than one person; and $1,000,000 for damage to property.
Liability Insurance Carrier:_______________________________________ Policy Number:_________________________________
The applicant and the sponsoring organization, if any, agree(s) to indemnify and hold the Village of DeForest harmless from
any claims or liability, including attorney fees and other defense costs, which may arise from the applicant’s display or
possession of fireworks.
For: ____________________________________________ __________________________________________________
Applicant’s signature Date
============================================================================================
OFFICE USE ONLY
============================================================================================
FEE OF $ HAS BEEN PAID IN FULL ON
CERTIFICATE OF INSURANCE (ATTACH COPY TO APPLICATION)
BACKGROUND INVESTIGATION COMPLETED BY: _____________________________________________________
(Print Name & Title)
Special Conditions** (i.e. high fire danger, fallout requirements, enforced perimeters, etc.):
**The Village of DeForest may void permit, at any time, for violation of any of the special conditions listed above.
Date Application Received: ___________________
Date Reviewed by Fire Chief ________________ Fire chief’s Recommendation: ______Approve ______ Deny
Date Reviewed By Village President or Designee: _______________ Application : ______Approved ______ Denied
APPENDIX A.
FIREWORKS INFORMATION
TRADE NAME MANUFACTURER DESCRIPTION QUANTITY
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
• A permit is not transferable.
• An inspection is typically required before issuance of permits.
• Permits must be displayed at all time during the sales event/activity.
• Smoking, or use of flame or spark-producing devices, is not permitted in or within 25 feet of outdoor tent
sales/firework display areas, and “no smoking” signs must be posted.
• At least one portable fire extinguisher shall be located within 50 feet of all fireworks.
MEMO
To: Committee of the Whole 11/11/14
From: Mayor Chiaverotti
RE: Fireworks Ordinance Proposed Changes
Background:
The City of Muskego is the only developed municipality in the state that allows for individual fireworks
discharge permits. The City’s safety professionals, Police & Fire Chiefs, have recommended
discontinuing individual permits and allow for professionals only. Our liability insurance attorney has
provided a sample ordinance from DeForest, WI that allows for groups and not individuals with the
restriction that they must employ licensed professionals with proof of insurance.
Following are some concerns that have been raised by residents over the years for and against the
ordinance that are not addressed within the ordinance:
Some Veterans with PTSD have asked the City to stop the practice of offering permits or at
minimum reduce the number of days and hours. They feel seven (7) days is too many based on
their condition.
Some dog owners have expressed their concerns of dogs running away, being frightened and
having to be sedated. They too would prefer the permitting be discontinued or at minimum
reduced.
Some residents don’t like having to close their windows to avoid hearing the fireworks for 6 or 7
nights
Some residents have expressed the potential for personal property damage and the City not
requiring enough insurance.
Some residents expressed their concern that while the City may not be liable for issuing permits,
it can still be named in a suit that that will require expense for defense.
Some permit holders want all 7 days. Some are open to a reduced number of days and hours.
None of them want the permit to be discontinued.
Based on discussions at previous COW meetings (minutes included with agenda), the following is a
recap.
Allow any two or more individuals to constitute a group and require them to employ a licensed
fireworks professional with proof of liability insurance.
Consider allowing individual permits for use on July 3, 4 and 5 between the hours of 4:00-11:00
pm. Also consider requiring a higher liability policy ($1M).
Unapproved
CITY OF MUSKEGO
COMMITTEE OF THE WHOLE MINUTES
December 10, 2013
6:00 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:00 pm.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Mayor Chiaverotti, Aldermen Wolfe, Hammel, Borgman, Soltysiak, Kubacki, Madden
and Deputy Clerk Blenski.Alderman Glazier was absent.
STATEMENT OF PUBLICE NOTICE
Deputy Clerk Blenski stated that the meeting was noticed in accordance with the Open
Meeting Law.
APPROVAL OF AGENDA
APPROVAL OF MINUTES - November 26, 2013
Alderman Hammel made a motion to approve minutes of November 26, 2013,
Alderman Soltysiak seconded.
NEW BUSINESS
Fireworks Ordinance Review
The Mayor distributed a list of items to be discussed by the Committee pursuant to the
recommendation of the Public Safety Chairperson (Ald. Glazier).
She noted that the Department of Finance and Administration has struggled with what defines
a "civic organization" and a "group". Several Aldermen recommended an application form be
developed for a civic organization and/or group to apply. The Finance Committee would review
the applications and make a recommendation to the Common Council. Each application would
be reviewed on a case by case basis, similar to the review of liquor license applications.
Following discussion, the consensus was that any group of residents could apply for a permit A
professional pyro technician would have to be used to discharge the fireworks. A certificate of
insurance naming the City as an additional insured would have to be submitted. The
application(s) would be reviewed by the Finance Committee.
Because time permitted, the Mayor asked the Aldermen if they wanted to allow public input.
Public input was allowed nothing there would be more opportunities for public input at the next
COW meeting as well as Council should there be recommended changes to the ordinance.
The following individuals spoke:
William Kritter, Pellman Lane
Tom Nowicki, Kathryn Drive
Russell Szymek, Ancient Oaks Drive
Frank Korosec, River Oaks Court
Dave Taube, Kingston Drive
The Mayor stated that discussion would continue at the January 14 COW meeting. Ald.
Soltysiak requested the timing for a potential referendum question to be place on the April
ballot.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Possible reconvening of the Committee of the Whole immediately following Common Council
Meeting of the same date to continue work on agenda items
Alderman Borgman made a motion to adjourn, Alderman Wolfe seconded.
Unapproved
CITY OF MUSKEGO
COMMITTEE OF THE WHOLE MINUTES
January 28, 2014
5:45 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER - Mayor Chiaverotti called the meeting to order at 5:45 PM.
PLEDGE OF ALLEGIANCE
ROLL CALL - Present - Mayor Chiaverotti, Aldermen Wolfe, Hammel, Borgman, Glazier,
Soltysiak, Kubacki and Finance & Administration Director Mueller. Alderman Madden
was absent.
STATEMENT OF PUBLICE NOTICE - Director Mueller stated that the meeting was posted
in Accordance of the Open Meeting Law.
APPROVAL OF AGENDA
APPROVAL OF MINUTES - December 10, 2013
Alderman Kubacki made a motion to approve minutes of December 10, 2013,
Alderman Soltysiak seconded.
Motion Passed 6 in favor.
NEW BUSINESS
Continued Discussion of Fireworks Ordinance
Mayor Chiaverotti stated that this was deferred from the December 10th meeting. Ald. Glazier
recapped the Public Safety Committee opinions regarding safety concerns and insurance
liability. The recommendation is to modify the current policy by compromising - possibly
narrowing the hours and days. Ald. Soltysiak feels there are two parts; first being what the
ordinance allows and the second being enforcement of those who are violating the policy.
Cutting down the number of days will not solve all the problems - debris, safety and noise will
always be an issue. Ald. Kubacki read responses he had received from citizens - most were in
favor of keeping the policy as is. Ald. Hammel agreed with Ald. Soltysiak with the need to focus
on enforcement. Ald. Borgman expressed concerns about the impact on animals and supports
limiting the hours/days with a later start time - possibly 8:30 PM. Ald. Wolfe has issues with
individuals who have and feels we need to review whether the weekend prior or after the 4th of
July work best. Ald. Glazier stated that with all the issues regarding safety, fire debris and the
impact on pets maybe the time has come to ban fireworks all together. Discussion followed on
concerns with the debris (flaming particles) and whether establishing guidelines would help.
The majority agreed to have the clerk's office work on a calendar spanning the next ten years
showing the days/hours around July 4th for COW's consideration with the hours being from 4 -
11 PM. The floor was opened up to allow for public input.
• Thomas Nowicki - Kathryn Dr expressed concerns about debris polluting the lakes, cruelty to
animals and liability to the city and suggest limiting the fireworks to tow day from 6 - 10 PM.
• Frank Korosec - River Oaks Ct submitted a firework safety handout from the National Fire
Protection Agency. He is concerned about fire safety, insurance liability and suggested that the
locations of the permits be reviewed and also that neighbors be contacted when a permit is
issued. He questions why permits are allowed.
• Russell Szymek - Ancient Oaks Dr suggested addressing the distance from lot lines to keep
debris from falling on neighboring properties.
• Dave Taube - Kingston Dr feels that there have been no major problems the last half century
and to continue with current controls.
Long Term Capital Improvement Plan
a) Funding Source (Landfill)
Deferred to February 11, 2014
Distinction of Appropriate Operation versus Capital Expenditures
Deferred to February 11, 2014
Discuss Policy Regarding Attendance by Aldermen at Meetings
Deferred till February 11, 2014
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Possible reconvening of the Committee of the Whole immediately following Common Council
Meeting of the same date to continue work on agenda items
Alderman Glazier made a motion to adjourn , Alderman Kubacki seconded.
Motion Passed 6 in favor.