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FCM20100824 CITY OF MUSKEGO Approved FINANCE COMMITTEE MINUTES Tuesday, August 24, 2010 Muskego City Hall, Aldermen’s Room Mayor Johnson called the meeting to order at 5:50 p.m. Committee Members Ald. Snead, Fielder and Werner were present. Also present: Ald. Harenda, Borgman, Soltysiak and Schaumberg, Finance and Administration Director Mueller, IS/GIS Coordinator Wisniewski, 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. APPROVAL OF MINUTES Ald. Snead moved to approve the July 27 and August 10, 2010 minutes. Ald. Werner seconded; motion carried. UNFINISHED BUSINESS Continued Discussion Regarding Fireworks Permits and Review Proposed Ordinance Mayor Johnson set some ground rules noting that this was a Committee meeting. It is not a public hearing. He will attempt to take some comments, but the Committee needs to conduct the business that is on the agenda. The issue was originally brought forward by Ald. Borgman because several of his constituents requested modifications regarding fireworks permits. The main issues are the time that fireworks are allowed to be discharged, the length of time that a permit may be obtained (currently one week), and cleanup. Police Chief Geiszler was requested to create an ordinance that would address those concerns (see attached). The Mayor stated that the proposed ordinance would only allow fireworks to be discharged on July 4. Other changes include the use of fireworks from 8:00 p.m. to 11:00 p.m. only and that an application would be reviewed by the Finance Committee if the applicant was convicted of a citation the previous year. Ald. Fiedler -  Issues are mainly enforcement  Current ordinance is difficult to enforce  Suggests the Clerk’s Office work in conjunction with the Police Dept. and track complaints by address. Complaints would be kept in a database. The Finance Committee would review any application where a complaint was on file. The applicant and complainant would be requested to appear at the committee meeting.  It is likely that the people that obtain the permits are not causing the problems. The Mayor commented that the reviews would have to be done in May. Many of the th applications are currently submitted the week before the 4 of July. Ald. Werner stated he would like to hear some of the comments from the people that support the existing process and are in favor of fireworks being discharged. Mayor Johnson stated the City needs to focus on getting more people to comply and obtain a permit. The fines should be increased significantly for not having a permit. Finance Committee Meeting Page 2 August 24, 2010 Ald. Snead noted that it is often difficult for the Police Dept. to know who or where the violators are. Ald. Fiedler stated that changing the law to make the process more restrictive would not change the fact that people will continue to break the law. Mayor Johnson suggested that the Committee focus on the proposed changes: Current length of time for permit: July 1 through July 7. Chief recommends July 4 only. The Committee discussed the length of time extensively. Ald. Snead - A week is too long. She personally prefers one day. Ald. Fiedler - three to four days. Ald. Werner - July 3, 4 and 5 and the weekends. Ald. Snead - willing to accept four days with a weekend designation. Ald. Werner - does not believe the ordinance should designate the weekend. Chief Geiszler commented that enforcement would not be any more difficult if the applicant was allowed to choose 4 out of 7 days to discharge fireworks. He believes his officers should be given the discretion as to whether or not a citation is issued. The community needs to be educated; many residents still do not know a permit is required. The Committee continued discussion with the consensus being that the permit would be for four days including the nearest weekend. Hours - Chief recommends 8:00 p.m. to 11:00 p.m. Currently 8:00 a.m. to 10:00 p.m. Ald. Snead - agrees with Chief’s recommendation. Ald. Werner - prefers earlier start time (noon or 1:00 p.m.). People need time for setup. Ald Fiedler - agrees that setup time is needed. He could see a 3:00 p.m. start time. Review by the Committee for any applicant that was convicted of a violation The Mayor stated the Committee appears to be in favor; the mechanism to accomplish would have to be determined. Enforcement was also discussed. Ald. Fiedler requested that the proposed ordinance address cleanup. The Chief stated that it is often difficult to determine where the debris came from. Mayor Johnson stated that there has been extensive discussion on this issue by the three Committee members with there being no consensus regarding the hours. The issue will have to be discussed by the entire Common Council. The Mayor opened up the discussion to the audience. Comments from the Audience Larry Lefebvre - law-abiding citizens that obtain permits will be penalized with any revision to the ordinance. Why not go after the people breaking the law. Enforcement is the problem. Ald. Harenda - communication must take place between neighbors. He suggests reducing the permit fee so more people comply. Finance Committee Meeting Page 3 August 24, 2010 Individual in Audience - the issue in her area is the total lack of respect and responsibility of the people discharging the fireworks. She has a neighbor that does obtain a permit, but as the day goes on, the fireworks get louder and bolder. She and her neighbors are afraid their houses may burn down. Individual in Audience - the people with permits should not be penalized. The person that the previous speaker talked about should have to come before the Finance Committee the following year before a permit would be issued. Individual in Audience - seven days and time during the day that people are allowed to discharge is too much. Individual in Audience - he purchases fireworks and has to sign for them. There are places in Muskego that are not doing that. Dave Taube - asked the Chief how many citations were issued. Chief Geiszler responded six and noted that was a fair representation of the citations issued annually for violations. Mr. Taube continued to say that the problem is with the people that don’t care about following the rules. A person making a complaint against a neighbor should have to come before the Committee to state his/her case. Individual in Audience - discharging fireworks is a privilege, not a right. Mayor Johnson stated that the Committee would move forward with the other agenda items at this time. The issue will be on a future agenda. LICENSE APPROVALS Operators Ald. Werner moved to recommend approval of a regular Operator’s License for Nicholas Chatham, Dawn Consentino, Destiny Doud, Scott Fischer, Nicholas Grochowski, Kristine Lobotzke, Deborah Marsh, Nicaela Robles, Suzanne Terry and Michael Tersen subject to the licensing requirements being completed prior to issuance. Ald. Fiedler seconded; motion carried. Muskego Gateway The Mayor noted the review of the police report would be done at the next meeting. Mr. Diamantopoulos was present earlier, but had to leave. Permanent Amendment to Licensed Premises - Sobek’s Resort Mr. George Henneberry, the corporate agent for the liquor license, was present. The Mayor stated that the request to amend the licensed premises includes the areas outside all the entrances. The Mayor noted he had some concerns about other licensed establishments submitting similar requests. Discussion took place about people drinking in the outside areas that are being requested. Ald. Werner noted that the front porch is very close to the road. Ald. Snead questioned why patrons should be allowed to take a drink outside. They can go outside to smoke and then come back inside. This could open a can of worms. Ald. Fiedler stated the City should look at each request on a case-by-case basis and decide accordingly. Ald. Fiedler moved to recommend that the following area be included in the licensed premise for Sobek’s Resort: the front porch and an area approximately 7’ x 14’ outside the back door. Mr. Henneberry is to provide a sketch of the area in the back. Ald. Werner seconded; Finance Committee Meeting Page 4 August 24, 2010 motion carried. It was clarified for Mr. Henneberry that the amendment had to be approved by the Common Council. UNFINISHED BUSINESS (Continued) Continued Discussion Regarding Cell Phone Policy Mr. Wisniewski noted that at the last meeting, the Committee directed him to research the feasibility of using one cell phone with multiple lines. He stated that he spoke with representatives from both U.S. Cellular and Verizon. Both acknowledged that one cell phone could have multiple lines. However, Mr. Wisniewski stated that was not practical because only one line could be active at a time. He reviewed some of the highlights of the proposed policy. An employee may use his/her personal cell phone for City business with the policy providing a monthly allowance. The proposed policy will keep the City’s expense for cell phones the same or below what they currently are. Ald. Fiedler moved to recommend approval. Ald. Werner seconded; motion carried. NEW BUSINESS Review Proposed Ordinance to Amend Chapter 13 Regarding Dog Fanciers Ald. Soltysiak stated he is requesting the amendment. The current ordinance requires that the applicant’s lot size be 19,500 square feet or larger. He is requesting that the lot size requirement be removed. The Finance Committee would continue to review every permit application. If lot size were an issue, the Committee would have the discretion whether or not a permit should be issued. The Mayor noted that language was also added that only one dog fancier permit could be issued to a residential dwelling. 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 $52,117.64. Ald. Fiedler seconded; motion carried. Ald. Snead moved to recommend approval of Tax Vouchers in the amount $100. Ald. Fiedler seconded; motion carried. Ald. Snead moved to recommend approval of General Vouchers in the amount $225,112.97. Ald. Fiedler seconded; motion carried. Ald. Snead moved to recommend approval of Wire Transfers for Debt Service in the amount of $363,985. Ald. Fiedler seconded; motion carried. FINANCE DIRECTOR’S REPORT Ms. Mueller provided the second quarter report to the Committee noting that the numbers are on target compared to the budget. Any questions should be directed to her. ADJOURNMENT Ald. Snead moved to adjourn the meeting at 7:00 p.m. Ald. Fiedler seconded; motion carried. Minutes taken and transcribed by Jill Blenski.