Minutes from the 2/3/09 Com of the Whole meeting PART 1

PART 1 of the Minutes of the Committee of the Whole meeting held on Tuesday, February 3rd, 2009 at city hall pursuant to notice duly given.

1. Meeting called to order by Mayor Nerenhausen at 6:05 p.m.
2. Roll call: Mayor Nerenhausen, Ed Young, Lloyd Heier, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Jim Lacourciere, Sue Exworthy, Jack Maas and Atty. Mraz. Excused: Dick Doeren. Linda Belongia, Administrator and as recording secretary also present.
3. Moved by Stiloski seconded by Lacourciere to approve of the agenda as presented.
Motion carried upon verbal voice vote. 9 ayes

4. Public appearances and/or Correspondence: Mayor stated anyone present on an issue on tonight’s agenda, can speak at that time; Maas informed the Com of the Whole of the budget memo that was sent out to all department heads….this was done as a precautionary measure…not knowing what funding will be between now and the end of the year…asking all dept heads to be prudent in spending;
Belongia stated the committee members received copies of the previous month’s minutes and copies of the legislative bulletins;

5. Mayor stated Dale Mohr will present his presentation, Community of Choices at
the 3/10/09 meeting.

6. Discussion/recommendation on:
a. Report from Jason Belleau and Chief Carper on amendments to Chapter 7-1 Ordinance regarding dogs;
Belleau stated his reports shows how current ordinance could be amended better definitions; different categories, at risk, dangerous, nuisance; Carper stated in the proposed ordinance animals would be placed in categories….have not provided a draft….the reports are trying to show direction….report also has areas that the Police Commission wanted updated….i.e. leader dog….also concept of some type of animal control officer; can’t put draft without knowing what direction council wants to go; Exworthy stated the reports have a lot of information to look over….appreciates the good comments from Belleau…particularly on enclosures….vicious dogs….levels of aggression….questioned Carper if this type of ordinance would be easier to officers to handle regarding complaints? Carper stated yes, the amendment having the descriptions is more in line; Stiloski thanked Belleau and Chief Carper for the reports…questioned what % of the police time is on dog calls; Chief Carper stated over 4,000 calls last year for service, estimates approx 8%; Viki Bostedt stated she has been working on the animal issue since last year; happy it’s getting attention…under ordinance being drafted is asking for council support on hiring an animal control officer…checked and found out 26 animal complaints went to municipal court….in the past when the city seen need a park & recreation director and city administrator were hired….same attention should be given to hiring an animal control officer; Chief Carper stated he met with Kale Proksch, Park & Rec Director…during their discussion Proksch stated he would like to see a dog park area created….then amend parks ordinance and prohibit dogs in some areas including the Holtwood Sporting Complex; Belleau stated the humane society has records and would be willing to share information on licensing etc…some communities have increased their animal fees to help care and respond to calls for the animal control officer; Exworthy questioned Ord., Sec. 7-1-7…needs to be changed if we’re working with the humane society; Maas questioned if the police dept keeps a file on repeat offenders? Chief Carper stated keeping track of the owners is easier than dogs; Exworthy questioned what are we looking for; Chief Carper stated the draft can be created….need direction from the council on do they want the ordinance breed specific….having animal zones….draft will only be that a draft…council can review and amendments can be made; Zahn questioned if dogs are allowed in the campground? Mayor stated yes; Lacourciere stated all dogs should be treated the same…create an ordinance equal across the board; Exworthy stated if this will be better for the officers, go with draft as suggested; Doug Reed questioned definition of shelter….what will requirements be…how can you give a definition and enforce it? Belleau stated an ordinance will be looking for minimum on what can be enforced…..basics;

Mayor directed Chief Carper and Jason Belleau to come back for the 3/3/09 Com of the Whole meeting with a draft.

b. Discussion on draft ordinance as recommended by the ATV Ad Hoc
Committee;
Bruce Mommaerts stated the ordinance is not to allow for
recreational riding…intent is to help neighbors out; use of ATV’s for
going from point “a’ to point “b” to plow snow; patterned after state law
which is being rewritten…which passed one house; draft calls for
operators of the ATV to be 16 years of ago with valid drivers license…will be more restrictive than the version the state had last year;
speed limit will be 10 mph when coming within 200’ of a driveway…very
obvious safety lights and strobes; to be used only for plowing snow…tied
to our ordinance as to when snow is plowed;

Glenn Sowle stated agreement with Mommaert’s comments…trying to get
as safe as can be; Sowle stated he and Gene Berth have their machines
here tonight to show how visible machines will be; working on draft
language for some time…to be used for getting from point “a” to “b” at 10
mph…any screwing off police will issue ticket;

Alderperson Maas questioned if any other city in state has such an
ordinance?

Sowle stated no….Gillett trying…..

Maas questioned how many ATV’s will this amount too?

Sowle estimated 50 to 100…will be no problem…will be a respectable
bunch doing the plowing;

Alderperson Lacourciere questioned about having slow moving signs;

Bruce Mommaerts stated legally he didn’t think they can put those signs
on ATV’s;

Alderperson Wittkopf stated on the laws # 2…rear red lights…referenced draft # g…we have an ordinance on golf cars….this ATV ordinance
should be the same…sticker is required annually for golf carts ATV’s
should also be inspected by police dept….and should have a working rear
light;

Mommaerts stated committee could eliminate reference to operating tail light;

Wittkopf questioned, then do we amend the golf cart ordinance?

Moved by Exworthy seconded by Lacourciere to recommend to Council to accept draft as presented except for removing reference to and/or brake
lights under “g”(j).

Maas questioned Chief Carper on his position on the draft ordinance;

Chief Carper stated concept between state and Wisconsin….

Maas again asked for Chief Carper’s position;

Gene Berth requested support of ordinance from Council….;

Mayor stated we will have this on the council agenda, questions regarding signage will be answered;

Wittkopf asked Atty. Mraz for his opinion;

Atty. Mraz stated he has large concern on public safety with such an ordinance…ordinance is overbroad…ATV’s will be running on streets
24/7;….how will this be implemented; public safety is a major
concern…opening up entire city…never intended in the state for this type
of ordinance….no other communities in the state has such an ordinance
that he is aware of;

Jeff Thompson, President of the Gillett ATV club stated they’ve encountered no problems…few concerns…over all…no problems…yes
they are allowed 24 hrs….but snow plows run 24 hrs…..with an ATV
going 10 mph hardly any noise…people will get used to it;

Chief Carper questioned how many miles of streets in Gillett compared to Oconto;

Atty. Mraz stated the route which will be city streets, will have to be signed….concern for public safety; ATV’s on roads 24 hrs/day…how do
we let the public know…will have to post and sign all streets that an ATV
will be allowed to ride on;

Doug Reed stated the city has a noise ordinance…can’t be running machines before 7 a.m…..referenced lawn mowers;

Atty. Mraz referenced draft ordinance “A”(2)…if we’re going to allow
ATV’S we have to make sure route is safe…we can’t get out that
liability…route will have to be designated and signed;

Maas questioned signage;

Bruce Mommaerts stated signs only required at entrance….;

Wittkopf questioned why not leave as it…what is reason?

Glenn Sowle stated he was plowing last year and neighbor complained;

Atty. Mraz stated council can adopt but as statue is now is how we will have to enforce…signage will be required for all streets….not as what
may be proposed in state’s re-write of the law;

Exworthy questioned why we can’t adopt as being recommended by Bruce Mommaerts?

Schreiber stated we should move this along to the council meeting and get the answers….understands we can’t do anything in violation of the state
law…if we put this ordinance in…are we responsible?

Atty. Mraz stated yes, if we don’t have streets property signed we will be responsible and liable;

Motion carried upon verbal roll call vote.