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COMMITTEE OF THE WHOLE Minutes - 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 The meeting was called to order at 6:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Kathy Chiaverotti, Alderman Hammel, Borgman, DiPronio, Engelhardt, Kuback, Madden, City Attorney Larsen, Chief Moser, Fire Chief Wojnowski, Secretary McMullen. STATEMENT OF PUBLIC NOTICE Secretary McMullen stated that this meeting was noticed in accordance with the open meeting law. APPROVAL OF AGENDA APPROVAL OF MINUTES - October 14, 2014 Alderman Kubacki made a motion to approve the minutes of October 14, 2014; Alderman Hammel seconded. Motion Passed 6 in favor<againsttext> 0 opposed</againsttext>. NEW BUSINESS 1. Review of Fireworks Ordinance Mayor Chiaverotti referred to a memo sent to the Aldermen, which recaps previous Committee of the Whole discussions restricting permitting fireworks to a 3 day period - July 3, 4 and 5 between the hours of 4 and 11pm. Alderman Kubacki asked that the option for council to add a weekend day of their choice when the period falls in the middle of the week be added to the revision. Alderman DiPronio raised concerns over the language of the current ordinance in that it only addressed groups and not individuals. He also was concerned about the requirement of liability insurance or indemnity bonds for groups and not for individual permit holders, and discussion ensued over who was protected. Chief Wojnowski stated his understanding was that a homeowner whose house was damaged by fireworks would have to pursue civil action against their neighbor, and the victim's insurance company would cover costs. Alderman DiPronio stated he would prefer to suspend any permits until the language could be made clearer. Discussion included whether the City could be named in an individual homeowners liability policy, and if not what the City could require from individuals to ensure the City and homeowners whose properties might be damaged were protected. Mayor Chiaverotti stated that her understanding was that individual homeowner's insurance policies do not allow for a municipality to be named on a personal policy. Atty Larsen said that State law does allow for issuance of permits for individuals, but as he read the City's ordinance, he agreed that the language addresses groups only. He stated that the City could amend their ordinance to stop the issuance of fireworks by staff if that was the Council's wish. Alderman Borgman stated that he would not be in favor of pulling the ordinance altogether, but that restricting the days of use would be best. Alderman Hammel added that suspending permits would not stop people from using fireworks. Alderman DiPronio requested that the language in the ordinance related to individuals and what insurance is required of individuals and groups be made clearer. Mayor Chiaverotti said this could be addressed and brought back at a future meeting, even if the Committee voted to revise the ordinance to include the discussed restrictions. Alderman Borgman motioned, Alderman Hammel seconded to revise the ordinance to restrict the number of days to July 3, 4 and 5 between the hours of 4pm and 11pm, with the Council to add a weekend day of their choice. The motion passed 5-1 on a show of hands (Alderman DiPronio opposed). 2. Discussion on Monthly Common Council Meetings and Public Comment Time Period for All City Meetings (Atty Larson) Atty Larsen stated that State law (Statute 62.11(2)) requires a Council to meet at least monthly, so the City could opt for a monthly meeting. He cited the Villages of Fox Point, Richfield and Summit among others do meet monthly, and that his firm did not represent any cities that do, although there are cities in Wisconsin that meet monthly. He offered to be present at a monthly meeting so he could deal with any legal issues that arose more proactively. Aldermen Borgman said that the Council had discontinued this practice due to the cost. Mayor Chiaverotti added that the 4th Tuesday of the month served as the best option because of Atty Larsen's schedule, and because it worked best with Plan Commission Public Hearings. Atty Larsen stated that the City would also need to review its codes, specifically on the number of readings (3) required for an ordinance. Discussion ensued on the possibility of going to a monthly meeting with the option of calling a special session when the need arose. By ordinance, Council meets twice monthly and meetings cannot be canceled, unless there is no quorum. Alderman Hammel asked about rewriting the ordinance to allow for cancelation, and Atty Larsen stated that there are two types of meetings - regular and special - and creating a hybrid meeting like this was not recommended. Aldermen DiPronio, Madden and Hammel stated they felt that they owed their constituents the opportunity to speak two meetings every month. Consensus to keep Council meetings at twice a month was unanimous (6-0). 3. Update Regarding Management of Parks & Recreation Department Mayor Chiaverotti announced that Parks Program Manager Tammy Dunn will step into the Interim Director's position in the department. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW 1. Essential service operations - December 26th No discussion. 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 Kubacki made a motion to adjourn, Alderman Borgman seconded. Motion Passed 6 in favor<againsttext> 0 opposed</againsttext>. 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.