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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.