Protection and Welfare Committee

Protection & Welfare Committee Meeting Minutes October 17, 2017 Chairman Rosek called the meeting to order at 6:10 PM. Members Present: Aldermen Schmidt, Shaw and Rosek Staff Present: Mayor Nold, Kitsembel, Buerger, Frye, Gallo, Duffy, Pickart, Sullivan, Kelliher, Weber, Wallace and Dehnert Others Present: Alds. Zwart, Kowieski and Ellis, and Atty Riffle 2. Discuss/recommend Repealing and Recreating Portions of §9.28 of the Municipal Code Relating to Sex Offender Residency Restrictions: Buerger explained a Sex Offender Residency Restriction Ordinance has been in place since September 2011 which is similar to several communities in Wisconsin. In April 2017 a Federal Judge found several parts of Pleasant Prairie’s sex offender ordinance to be unconstitutional which has caused them and other communities to be sued. Riffle said this is being brought to Council’s attention because sex offender ordinances of many other local communities are now under scrutiny and being challenged. He suggested to update the City’s ordinance Council should review a variety of studies (previously distributed) so they are aware of the issues involved; change distance restrictions to provide a place for people to live; provide for an appeal process for individuals who contend they are not a threat and determine who that reviewer should be; and make an exception area so specific individuals have a place to live which would have to be acceptable by the Police. Buerger referred to the documentation previously distributed to Council and said changes to the ordinance would: include the automatic removal of restrictions of a sex offender after 10 years except of those individuals convicted of a Class A felony; reduce the child safe zone from 1000 ft to 750 ft; create an appeal process for sex offenders to have due process and show why they are not a risk; and create a new section in the code which allows for placement of violent sex offenders outside of a 1500 ft child safe zone which includes schools, child care centers, public parks and places of worship and if the offense was against an adult or senior citizen it would include nursing homes and assisted living facilities. Buerger noted reducing the 1000 ft child safe zone provides ample opportunity for a sex offender to live in the City. He handed out maps showing the current 1000 ft buffer, the proposed 750 ft buffer and 1500 ft child safe zone. With the 750 ft buffer the City will have 17% of housing available for sex offenders. Buerger said studies show that the longer period of time since an offense, the less likely an individual is to reoffend. Members acknowledged the packet of materials included a lot of information which was hard to review and contradictory in some spots; questioned what specifically was overruled in the courts; making it right for the community instead of for one judge; concern about the action of future councils; what would the percentage be for available housing for sex offenders if they left the buffer at 1000 ft; and why create a new appeal board. Riffle said the City should have an appeal process for those individuals who have been told they can’t live here and this provides a way for them to explain why they think they should be allowed. Nold thought Council should be members of the appeal board though it’s not easy and could be politically difficult. Members questioned if the Chief should be part of the appeal board, and how he becomes aware of these individuals in the community. Buerger said police are not part of the appeal process and explained how he gets information on these individuals, the statistics for the number of sex offenders who live in or want to move to the City and said none have reoffended that he was aware of. Riffle said the City of Green Bay updated their ordinance, was sued and prevailed, and he would like to see the City follow their ordinance since it has already been vetted. Nold suggested getting this implemented by the end of the year. Members said there is a lot of good information; they shouldn’t be reactionary just because of lawsuits in other communities; this should be well thought out; and get a lot of public input but not drag their feet. Members asked Buerger to provide a redlined version of the ordinance to help the members understand the changes, requested the percentage of households and the number of available housing units at 1000 ft. No action was taken. S:\Committees & Commissions\Protection & Welfare Committee\Minutes\2017\PWMin10-17-17.doc 3. Consider/recommend Approving Fund Balance Contribution from the City of Oconomowoc to the Western Lakes Fire District: Sullivan explained at a recent Western Lakes Fire District budget meeting there was discussion about the City’s contribution of $100K toward the fund balance of the District. The recommendation of the WLFD auditors is for the fund balance to be maintained at 15% of operating expenditures. Currently the fund balance amount is at 3.7% of operating expenditures. The other communities in the Fire District have already paid into the fund balance, and the request is for the City to commit the $100K. Sullivan noted the Mayor and some aldermen had requested this contribution be paid in installments which is reflected on the resolution in the packet. Committee members questioned how the other communities put into the fund balance, how the dollar amount of the 3 installments was decided and what account the funds would be coming from. Sullivan explained that since Council’s request was for 3 installments, the resolution was written for 3 even installments, but it could be changed to whatever Council wants. If paid in installments, the remaining funds could remain invested. The payments will come from reserves in the Ambulance fund which are earmarked for Fire Capital purchases, and this cost will not come from the tax roll. The members suggested changing it to authorize the first installment only and then next year bring it again to Council to approve the next installment. Staff will update the resolution for the Council meeting on November 7. No action was taken. 4. Consider/recommend Agreement between the City of Oconomowoc and Waukesha County Communications Regarding Fire and EMS Dispatch Transition: Buerger explained the Western Lakes Fire District has requested the City’s fire/ems calls be dispatched by Waukesha County Communications. They initially proposed the City pay a one-time capital contribution of 30% to join. However, staff produced documentation that reflected fire/ems calls account for approximately 10% of Oconomowoc’s total number of service calls so they agreed to change it to 15% which will now be considered the industry standard. The one-time contribution the City would pay is $24,560.25. The Committee recognized from the Fire District’s perspective, they want to have one single dispatch center for all their calls which will give the City the best service. The payment will come from ambulance fund reserves. Motion by Shaw to recommend the Agreement between the City of Oconomowoc and Waukesha County Communications for Fire and EMS Dispatch Transition; second by Schmidt. Motion carried 3-0. 5. Consider/recommend Granting a New 2017-2018 “Class B” and “Class C” License to MOD Super Fast Pizza, LLC: Dehnert reported the City received an application for new Class “B” Fermented Malt Beverage and “Class C” Wine licenses from MOD Super Fast Pizza, LLC located at 1676 Old Schoolhouse Road. The new license would take effect October 18, 2017 – June 30, 2018. The applicant meets all Chapter 12 licensing requirements. Motion by Schmidt to recommend granting new 2017 - 2018 Class “B” Fermented Malt Beverage and “Class C” Wine licenses to MOD Super Fast Pizza, LLC; second by Shaw. Motion carried 3-0. Motion by Shaw to adjourn; second by Schmidt. Motion carried 3-0. The meeting adjourned at 7:18 PM. Minutes by Chris Dehnert, Deputy City Clerk Ald. Schmidt, Secretary S:\Committees & Commissions\Protection & Welfare Committee\Minutes\2017\PWMin10-17-17.doc