RLO19950830•
RULES, LAWS
& ORDINANCE
COMMITTEE
- CITY OF MUSREGO
MINUTES OF
MEETING HELD
WEDNESDAY,
AUGUST 30, 1995
The meeting was called to order at 7:05 P.M. by Chairman Sanders.
Also present were Committee Member D'Acquisto and Rasmussen, Ald.
Suhr and those per the attached list. Ald. Misko arrived at 8:55
P.M.
The Committee noted that the meeting was posted in accordance with
the Open Meeting Law.
The Committee further reviewed Committee Appointments for the
Parks & Recreation Board whose terms are currently incorrect. The
Committee recommends the adjustments be made as terms expire.
The Committee reviewed Attorney's Opinion, dated June 4, 1995,
from Attorney Molter addressing the Committee's inquiry as to the
voting rights of the President of the Parks & Recreation Board and
of the President of the Library Board and the President's right to
initiate motions which refers to the City of Muskego's ordinance
adopting State Statute 27.08 which basically indicates that the
Parks & Recreation Board will be established by ordinance and
organized as the Common Council provides. There is no ordinance
or statute which would prohibit the Park Board's President from
• initiating motions or voting on motions unless the Board has
adopted rules and procedures for its proceedings. As to the
Library Board, there are no applicable sections of the City's
ordinance or Wisconsin Statutes Chapter 43 which would prohibit
the President from initiating motions for voting on motions.
Chairman Sanders was concerned that all commissions and boards
have the leeway to set their own procedure as does the Parks &
Recreation Board. Ald. Rasmussen requested that a set procedure
be determined for every Board and Commission and codified for the
benefit of the Citizen. Ald. Rasmussen also requested that the
City Clerk provide information for voting order of Chairman of
Boards, Committees and Commissions.
The Petitioner who had requested that Pot Bellied Pigs be
discussed did not appear so no action was taken.
Mr. Richard Anderley, Lannon Drive, appeared before the Committee
to discuss his concern with snowmobiles driving over his driveway
with carbide tips which damage his driveway. Ald. Sanders
indicated the previous review showed that the City can designate
trails or roads, but not right-of-ways. Otherwise, only Waukesha
County and State roads can be used. Ald. D'Acquisto advised that
the State is currently involved in legislation concerning
snowmobiles. Mr. Anderley asked for an ordinance to allow the
installation of devices to prevent the snowmobiles traveling on
• his property. No action was taken at this time because of pending
legislation and enforcement of current ordinances. Mr. Jerald
Hulbert questioned the jurisdiction and liability involved for
snowmobiles on the lake, on dry lake bed, hitting piers or other
RULES, LAWS & ORDINANCE COMMITTEE - PAGE 2
AUGUST 30, 1995
• obstacles. The Committee requested Police Chief Johnson review
and forward information to Parks Director Peter Theis for Parks &
Recreation Board review. Ald. Sanders recommended that the
procedure for designating snowmobile trails be interpreted by the
City Attorney now that City, not town or village, ordinances are
being used.
Mr. and Mrs. Joseph Giacalone, W163 57346 Bay Lane, appeared
before the Committee to discuss placement of compost piles in
residential areas. Ald. D'Acquisto indicated that the issue has
been discussed extensively in the past and that the municipal code
does address some of the concerns as far as noxious odors, etc.,
and it is within the latitude of police to investigate the
problem Mr. and Mrs. Giacalone stated that the compost pile in
question is within 12 inches of the lot line and that their
bedroom window is within 20 ft of the compost pile. They
indicated they tried to get the neighbor to move the pile without
success. Mr. Giacalone indicated that he has health problems.
Ald. D'Acquisto offered two suggestions; 1) Instruct Building
Inspection Department to visit the site to determine if there are
any violations for the location, composition, etc., of the compost
pile, and 2) to direct the Plan Director, or his representative,
to examine if there is a violation of the zoning ordinance as far
as placement. Ald. Sanders suggested the use of Waukesha County
mediation to resolve the problem. Ald. Suhr indicated that he
• talked to the neighbor and that the neighbor stated it was a
matter of "sour grapes" and was unwilling to compromise.
Ald. D'Acquisto discussed with the Committee the need for
clarifying the procedure for placing items on Committee agendas.
He suggested that items be discussed with Chairman prior to being
placed on an agenda. Ald. Rasmussen indicated that this topic was
to be discussed at the Committee Of The Whole Meeting scheduled
for Thursday, September 7, 1995.
The Committee adjourned at 9:15 P.M.
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•
Respectfully submitted,
Ald. Robert Rasmussen
Secretary
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