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FCM20100810 CITY OF MUSKEGO Approved 8/24/2010 FINANCE COMMITTEE MINUTES Tuesday, August 10, 2010 Muskego City Hall, Aldermen’s Room Mayor Johnson called the meeting to order at 5:33 p.m. Committee Members Ald. Snead and Werner were present. Committee Member Ald. Fiedler was absent. Also present: Ald. Borgman and Soltysiak, Finance and Administration Director Mueller, and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance. The Deputy Clerk stated that the meeting was noticed in accordance with the Open Meeting Law. LICENSE APPROVALS Operators Ald. Snead moved to recommend approval of a regular Operator’s License for Megan Arbinger, Jonathan Bailey, Dennis Bornhofer, Stephanie Diekfuss, Sandra Lamp and Angie McGuigan subject to the licensing requirements being completed prior to issuance. Ald. Werner seconded; motion carried. Taxi Drivers Ald. Werner moved to approve Taxi Driver Licenses for Steve Pachowitz and Ernest Hunt for the Muskego Senior Taxi Service. Ald. Snead seconded; motion carried. Permanent Amendment to Licensed Premises Mayor Johnson stated a request was received to license an outside area for Sobek’s Resort, S79 W16419 Woods Road. The corporate agent, Mr. George Henneberry, was not present. The Mayor stated that licensed establishments are now experiencing patrons that must go outside to smoke. Unless an outside area is licensed, patrons are not allowed to take alcoholic beverages with them. Ald. Snead expressed a concern that the front porch of the establishment is located close to the road. The Mayor stated that these types of requests are going to continue because of the new smoking ban; he has a concern about potential consequences if more drinking outside will be allowed. Ald. Snead also noted that with this particular establishment, there isn’t a designated outside area, such as a deck or patio. Ald. Werner noted that he does not like the appearance of people smoking and drinking outside of an establishment. He believes these requests need careful consideration. The Committee decided to defer the issue until the next meeting. Class “B” Beer and “Class C” Wine License - Toshi, Inc. Mr. Keshou Shi was present regarding the liquor license application for Toshi, S74 W16867 Janesville Road. He plans to open a sushi restaurant in September. He currently operates an establishment in Delavan. Ald. Snead moved to recommend approval of a Class “B “ Beer and “Class C” Wine License for Toshi, Inc. Ald. Werner seconded; motion carried. Finance Committee Meeting Page 2 August 10, 2010 UNFINISHED BUSINESS Continued Discussion Regarding Fireworks Permits and Review Proposed Ordinance Mayor Johnson stated that this was deferred from the July 27 meeting. Ald. Borgman has issues with the current ordinance and permit process. Police Chief Geiszler was requested to draft some revisions to the existing ordinance. Chief Geiszler was present and distributed a proposed ordinance. The first significant change is that the time to use fireworks would be reduced from July 1 through July 7 to only July 4. In addition, the hours would be reduced to 8:00 p.m. to 11:00 p.m. only. The new language would include that if convicted of a citation, a person’s application for a permit to use fireworks would be reviewed by the Finance Committee in May of the following year. The City Attorney recommends that even if there is a conviction, an applicant should be afforded some type of hearing. Ald. Werner stated he would like to meet with Chief Geiszler to discuss some of his issues. He would like the matter to be deferred to the next meeting until he can meet with the Chief and Ald. Fiedler can be present. The Mayor stated that if people have purchased fireworks and it rains on July 4, they will discharge them illegally on a subsequent date. A second day option should be available. Chief Geiszler responded he purposely drafted the ordinance to be very restrictive knowing that there would likely be changes. Ald. Snead stated she doesn’t have a problem with allowing fireworks for three days, but believes seven is excessive. She does like the proposed time restriction. The Chief stated that one of the biggest concerns of people aside from noise is the refuse, which can’t be controlled. He will be happy to discuss the issue with any of the aldermen. Comments from the audience:  fireworks are heard for two months, not just seven days  the size being discharged are so large, the windows rattle  approval from neighbors should have to be obtained  no warnings should be given if there is no permit and fines should be increased  discharge of fireworks should not be allowed within 500’ of any residence unless written permission is received  the requirement of $300,000 in liability insurance is not sufficient The Mayor noted that the size is regulated by state statute. The Police Department should be called if there are any violations. Ald. Soltysiak stated he would like to see the debris issue addressed and should possibly be a factor that would be reviewed prior to the issuance of a permit the following year. Ald. Werner understands that neighbors can be disrespectful and that can be irritating. However, there are also people that obtain the permit and discharge the fireworks properly; they do respect their neighbors. Any potential changes will affect everyone; it is important that the City be fair. Finance Committee Meeting Page 3 August 10, 2010 NEW BUSINESS Recommend Approval of Cell Phone Policy IS/GIS Director Wisniewski was present to discuss a proposed cell phone policy. He noted that the City currently does not have a formal policy regarding cell phones issued to employees. There are 28 employees that have a cell phone for business purposes. The existing informal policy regarding cell phones allows employees to use the phones for personal use with reimbursement to the City required. The existing reimbursement policy does not ensure that employees are accurately reimbursing the City for personal calls. The billing detail does not identify personal calls so reimbursement is done to the best of the employee’s ability and is strictly on the honor system. Mr. Wisniewski believes the policy is ineffective and raises taxability issues as employees are supposed to be paying tax on personal calls made on City issued phones. Those phones are obtained through the contract with the State of Wisconsin and are not intended to be used for personal use. One final issue is that the phone records are subject to open record requests. Mr. Wisniewski is proposing a formal cell phone policy that will allow the issuance of City phones to employees but will prohibit personal calls except in the event of an emergency. Most people only want to carry one phone so employees would be able to use their personal cell phone for City business and receive a monthly allowance based on their role in the organization. Other municipalities are adopting a similar policy. Ald. Werner stated you could have two lines on one cell phone. The phone numbers would be different and would be billed accordingly. He requested that Mr. Wisniewski check into that option. The issue will be placed on the next meeting agenda. Review Proposed Ordinance to Amend Chapter 12 Regarding Issuing a Provisional Operator’s License The Deputy Clerk stated that an ordinance was being proposed to establish standards under which the Clerk could issue a Provisional Operator’s License. The City’s Municipal Code currently does not specify when the provisional license can be issued. The League of Wisconsin Municipalities believes that the governing body may establish standards by ordinance. Ald. Werner moved to recommend approval. Ald. Snead seconded; motion carried. VOUCHER APPROVAL Ald. Snead moved to recommend approval of Utility Vouchers in the amount $37,321.31. Ald. Werner seconded; motion carried. Ald. Snead moved to recommend approval of Tax Vouchers in the amount $7,540.72. Ald. Werner seconded; motion carried. Ald. Snead moved to recommend approval of General Vouchers in the amount $374,298.94. Ald. Werner seconded; motion carried. FINANCE DIRECTOR’S REPORT Ms. Mueller reported that she would have results for the second quarter at the next meeting. Finance Committee Meeting Page 4 August 10, 2010 ADJOURNMENT Ald. Snead moved to adjourn the meeting at 6:29 p.m. Ald. Werner seconded; motion carried. Minutes taken and transcribed by Jill Blenski.