Committee of the Whole

Committee-Of-The-Whole Meeting Minutes April 17, 2018 Mayor Nold called the Committee-of-the-Whole meeting to order at 6:15 PM. Members Present: Aldermen Shaw, Schmidt, Zwart (arrived 6:20 PM), Strey, Kowieski, Miller and Rosek Excused: Alderman Ellis Staff Present: Mayor Nold, Kitsembel, Freber, Pickart, Gallo, Kelliher, Buerger, Duffy, Osborn, Frye and Coenen 2. Presentation/Discussion on Sex Offender Residency Board Procedures and Appeal Form Buerger reported with the recent adoption of the Sex Offender Residency Ordinance the administrative process for appeal hearings has been finalized. Buerger gave an overview of the procedures/ considerations of the Residence Board that included requirements of the appellant, requirements of the police, the hearing procedures, admonitions to the petitioner, inquiry procedure and final decision processes. The appellant must submit a completed Appeal Form, along with required documents, prior to the hearing, and the Police Dept will verify all the information. Next he outlined the primary factors the Residence Board would consider which includes the nature of the offense; date of offense; age at the time of offense; recommendations of probation/parole officer, police department and treating practitioner; counseling, treatment and rehabilitation status of sex offender; remorse of sex offender; duration of time since sex offender's incarceration; support network of sex offender; relationship of sex offender to victim(s); presence or use of force in offense(s); adherence to terms of probation or parole; proposals for safety assurances of sex offender; and conditions on any exception from the requirements of this ordinance. Other factors to consider will be employment; access to transportation; and free time activities. The Residence Board can also place conditions on residency such as a specific address; time limit of residency at 30-60-90 days; completing treatment; becoming employed; and proof of other conditions placed on the offender. The Board’s decision must be provided to the petitioner and the public in writing. In order to schedule a hearing, all paperwork must be completed and filed with the City Clerk and a hearing would be scheduled 30-45 days out. The Police procedure is to verify information on the Appeal Form; verify landlord notification; review offense related documents; follow-up with probation/parole regarding treatment; and assemble a confidential packet that would be given to the City Clerk for distribution to the Residence Board. At the conclusion of the hearing, Police staff will collect packets from the Residence Board with one packet being maintained as the record in a secure location. The hearing will be held in Council Chambers in open session, public comment will be allowed, and oral, written or emailed statements received before or at the hearing will be entered into record. The hearing procedure is to announce the appeal and conduct the hearing for an adult petitioner and victim, however if it involves a juvenile, the hearing will be in closed session. Additionally, upon the request of the petitioner a closed session hearing will be held to discuss medical treatment information. The petitioner will be advised not to provide victim or juvenile names during the hearing, and about their right to discuss medical treatment information in closed session. The Committee asked if the appellant would be charged a fee to request an appeal. Kitsembel will check with the City Attorney to see if it’s legal to charge a fee. The Committee wants the appellant to provide a current photo with their residency application and replace it every three years if they are residing in the City. Buerger stated the department has received four calls since the first of the year inquiring about residency. Two wanted to live within the child safe zone, one was already living in the child safe zone (they are no longer there) and one did not want to go through the appeal process. S:\Committees - Commissions\Committee-of-the-Whole\Minutes\2018\C-O-T-W Min 4-17-18.doc 3. Consider/act on Hosting the 10th Anniversary Dietzenbach Sister City Visitors Duffy reported on the ten year history of the Sister City relationship between Dietzenbach Germany and Oconomowoc, previous visits and the City’s past involvement when Germany last came here. Since 2018 is the 10th Anniversary of our relationship, delegates from Germany are considering coming to Oconomowoc and what staff needs to know is if the City would be willing to host. The last time delegates came the City provided transportation, some meals and site visits to area attractions. The cost to the City was approx. $3K. The Tourism Commission has discussed and is willing to provide $1K for expenses and if the City wants to continue the relationship and host the visit we would need approval for $2K. Nold stated the decision comes down to continuing the relationship or discontinuing it. He has received an invitation from the Chicago Consulate about attending a celebration in Indianapolis recognizing the Year of Germany and Sister City relationships and he would like to respond. The Committee discussed the previous visits by both German delegates to Oconomowoc and City delegates to Germany and the cultural exchange student program that was created out of the relationship. The Committee feels the cost is minimal and supports continuing the relationship. The Committee feels a summary should be provided to the public of the visit. Nold stated the visit itinerary will be published ahead of time and a summary of the visit will be provided after on the City’s website. Motion by Schmidt to approve hosting the 10th Anniversary Dietzenbach Sister City visitors and authorize spending $2,000 for visit expenses; second by Kowieski. Motion carried 7-0. Motion by Miller to adjourn the Committee-of-the-Whole meeting; second by Strey. Motion carried 7-0. The meeting adjourned at 6:41 PM. Minutes taken by Diane Coenen, City Clerk S:\Committees - Commissions\Committee-of-the-Whole\Minutes\2018\C-O-T-W Min 4-17-18.doc