Public Safety & Welfare Committee

City of Verona PUBLIC SAFETY AND WELFARE COMMITTEE Monday, January 23, 2023 AT 5:30 PM Council Chambers VERONA CITY CENTER 111 LINCOLN STREET, VERONA, WI 53593 AGENDA 1. Call to order 2. Roll Call 3. Public Comments 4. Approval of Minutes from the December 19, 2022 Public Safety and Welfare Committee meeting. 5. Discussion and Possible Action Re: A Special Event Permit application from Bill Martin for the SBR Endurance Performance Winter Wonderland Triathlon Run on Sunday, February 12, 2023 from 8 a.m. – 5 p.m. 6. Discussion and Possible Action Re: Temporary Class “B” Fermented Malt Beverage and “Class B” Wine license applications from the Verona Area Community Theater, 103 Lincoln Street, for February 9-11, 16-18, and 20-23, 2023; and May 11-13 and 19-21, 2023 – Dee Baldock, Agent 7. Discussion and Possible Action Re: Ordinance No. 23-1017 amending Title 11, Chapter 2 of the Code of Ordinances relating to possession and use of marijuana 8. Adjournment Heather Reekie, Chairperson POSTED: Verona City Hall Miller & Sons Market Verona Public Library City Web Page at: www.ci.verona.wi.us Notice is hereby given that a quorum of the members of the City Council or other standing committees of the City Council may be present at the meeting of the Public Safety and Welfare Committee to gather information about a subject over which they have decision- making responsibility. The City Council and any other standing committees will not take formal action at this meeting IF YOU NEED AN INTERPRETER, MATERIALS IN ALTERNATIVE FORMATS OR OTHER ACCOMODATION TO ACCESS THE MEETING, PLEASE CONTACT THE CITY CLERK AT 608-845- 6495 AT LEAST 48 HOURS PRECEDING THE MEETING. EVERY REASONABLE EFFORT WILL BE MADE TO ACCOMMODATE YOUR REQUEST.  CITY OF VERONA PUBLIC SAFETY AND WELFARE COMMITTEE MINUTES December 19, 2022 1. Call to order: Reekie called the meeting to order at 6:30 p.m. 2. Roll Call: Heather Reekie and Evan Touchett were present. Phil Hoechst was absent and excused. Also present: City Clerk Holly Licht. 3. Public Comments: None 4. Approval of Minutes from the September 26, 2022 Public Safety and Welfare Committee meeting Motion by Touchett, seconded by Reekie to approve the minutes from the September 26, 2022 Public Safety and Welfare Committee. Motion carried 6-0. 5. Discussion and Possible Action Re: An application for a “Class B” Intoxicating Liquor and Class “B” Fermented Malt Beverage license from McCarthy Properties, LLC d/b/a It’s Time Pub & Grill, located at 608 W Verona Ave., Patrick McCarthy, Agent Motion by Touchett, seconded by Reekie to recommend that the Common Council approve an application for a “Class B” Intoxicating Liquor and Class “B” Fermented Malt Beverage license from McCarthy Properties, LLC d/b/a It’s Time Pub & Grill, located at 608 W Verona Ave., Patrick McCarthy, Agent. Motion carried 6-0. 6. Adjournment: Motion by Touchett, seconded by Reekie to adjourn 6:36 p.m. Motion carried 6-0. Respectfully Submitted, Holly Licht, City Clerk PUBLIC SAFETY AND WELFARE COMMITTEE—2023-01-23 1. Discussion and Possible Action Re: A Special Event Permit application from Bill Martin for the SBR Endurance Performance Winter Wonderland Triathlon Run on Sunday, February 12, 2023 from 8 a.m. – 5 p.m. Only the running portion of the triathlon will take place on City property. The swim portion will be at the natatorium and the cycling will take place at SBR. Runners will be using the trail, weather dependent. There is a backup route if the trail is snowy/icy. along the same route. Heats of 12 runners will run throughout the day. Police traffic control is not necessary for the event. Motion: Approve a Special Event Permit application from Bill Martin for the SBR Endurance Performance Winter Wonderland Triathlon Run on Sunday, February 12, 2023 from 8 a.m. – 5 p.m. 2. Discussion and Possible Action Re: Temporary Class “B” Fermented Malt Beverage and “Class B” Wine license applications from the Verona Area Community Theater, 103 Lincoln Street, for February 9-11, 16-18, and 20-23, 2023; and May 11-13 and 19-21, 2023 – Dee Baldock, Agent The Verona Area Community Theater (VACT) is requesting 2 temporary license to serve beer and wine at their performances of Children’s Hour and Singin’ in the Rain Sr. Licensed bartenders will be serving alcohol. Staff recommends approval of the licenses. Motion: Recommend that the Common Council approve a Temporary Class “B” Fermented Malt Beverage and “Class B” Wine license applications from the Verona Area Community Theater, 103 Lincoln Street, for February 9-11, 16-18, and 20-23, 2023; and May 11-13 and 19-21, 2023 – Dee Baldock, Agent. 3. Discussion and Possible Action Re: Ordinance No. 23-1017 amending Title 11, Chapter 2 of the Code of Ordinances relating to possession and use of marijuana Staff was directed to draft an Ordinance amendment relating to the possession and use of marijuana. The proposed Ordinance amendment would reduce the existing fine for possession or use of marijuana to five dollars ($5.00) plus the court costs of prosecution. The five-dollar forfeiture plus court costs would be for all violations of the possession or use of marijuana; the proposed Ordinance amendment does not increase the fine for subsequent violations. Motion: Recommend that the Common Council approve Ordinance No. 23-1017 amending Title 11, Chapter 2 of the Code of Ordinances relating to possession and use of marijuana.  DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/3/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Insurance Office of America, Inc. PHONE FAX 1855 West State Road 434 (A/C, No, Ext): E-MAIL (A/C, No): Longwood FL 32750 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # License#: 0E67768 INSURER A : Everest National Insurance Company 10120 USATRIA-01 INSURED INSURER B : United States Fire Insurance Company 21113 USA Triathlon of Colorado 5825 Delmonico Dr INSURER C : Colorado Springs CO 80919 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 792728804 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y SI8ML02108-231 1/1/2023 1/1/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 X OTHER: Event $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) 4077887933 $ A UMBRELLA LIAB X OCCUR Y Y SI8EX01472-231 1/1/2023 1/1/2024 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Participant Accident US1929842 1/1/2023 1/1/2024 Accident Medical 25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage applies to the USA Triathlon sanctioned or approved event specified on this certificate. The certificate holder is an additional insured, where required by written contract or agreement, but only with respect to the operations of the named insured, and subject to the provisions and limitations of form ECG20 600 - Additional Insured - Blanket when required by written contract, but only with respect to the USAT sanctioned or approved event specified on this certificate. The General Liability policy is primary as per Form ECG24 520 (04/02)and the General Liability policy contains Form ECG24 522 (04/02): Waiver of Transfer of Rights of Recovery Against others to US, but only as required by written contract or agreement executed by the named insured prior to an occurrence resulting See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Verona 111 Lincoln St AUTHORIZED REPRESENTATIVE Verona WI 53593 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD  AGENCY CUSTOMER ID: USATRIA-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Insurance Office of America, Inc. USA Triathlon of Colorado 5825 Delmonico Dr POLICY NUMBER Colorado Springs CO 80919 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE in a loss or a claim. Winter Wonderland Triathlon | 2023-02-12 | 2023-02-12 | Verona, WI 53593 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD  COMMERCIAL GENERAL LIABILITY ECG 20 600 05 09 THIS ENDORSEMENT CHANGES THE COVERAGE PART. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II ---- Who Is An Insured is amended to C. The Limits of Insurance afforded to an additional include as an additional insured any person or or- insured shall be the lesser of the following: ganization with whom you have a written agree- 1. The Limits of Insurance required by the written ment that such person or organization be added agreement between the parties; or as an additional insured on your Coverage Part. Such person or organization is an additional in- 2. The Limits of Insurance provided by this Cov- sured only with respect to liability for "bodily in- erage Part. jury", "property damage" or "personal and advertis- D. With respect to the insurance afforded to an addi- ing injury" but only to the extent caused, in tional insured, this insurance does not apply to whole or in part, by: "bodily injury", "property damage" or "personal and 1. Your acts or omissions; or advertising injury" arising out of any act or omis- sion of an additional insured or any of its employ- 2. The acts or omissions of those acting on your ees. behalf; in the performance of your operations for an addi- tional insured. B. The insurance afforded to an additional insured shall only include the insurance required by the terms of the written agreement and shall not be broader than the coverage provided within the terms of the Coverage Part. ECG 20 600 05 09 Copyright, Everest Reinsurance Company 2009 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. INSURED COPY  COMMERCIAL GENERAL LIABILITY ECG 24 522 04 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV --- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your operations or "your work" done under a written agreement that requires you to waive your rights of recovery. The written agreement must be made prior to the date of the "occurrence". This waiver applies only to the person or organization shown in the Schedule above. ECG 24 522 04 02 Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc., with its permission. INSURED COPY  COMMERCIAL GENERAL LIABILITY ECG 24 520 04 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -- OTHER INSURANCE (PRIMARY NONCONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph a. Primary Insurance of 4. Other Insur- ance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method de- scribed in c. below, except that we will not seek contribution from any party with whom you have agreed in a written contract or agreement that this insurance will be primary and noncon- tributory, if the written contract or agreement was made prior to the subject ‘‘occurrence’’ or offense. ECG 24 520 04 02 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. INSURED COPY  ORDINANCE NO. 23-1017 AN ORDINANCE AMENDING TITLE 11, CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF VERONA, RELATING TO POSSESSION AND USE OF MARIJUANA The Common Council of the City of Verona, Dane County, Wisconsin, do ordain that Title 11, Chapter 2 of the Code of Ordinances, City of Verona, Wisconsin is hereby amended as follows: 1. Section 11-2-11 is hereby repealed and recreated to read as follows: Sec. 11-2-11 - Possession of Controlled Substances; Marijuana. (a) Possession of Controlled Substances. It is unlawful for any person to possess a controlled substance or a controlled substance analog, unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner, as defined in Wis. Stat. § 961.01(19), while acting in the course of his or her professional practice, or except as otherwise authorized by this Code of Ordinances. For purposes of this section, controlled substance and controlled substance analog shall have the same definitions as the definitions in Chapter 961 of the Wisconsin Statutes, as amended from time to time. (b) Possession or use of marijuana. (1) No person shall possess or use marijuana, as defined in the Wisconsin Statutes, unless it was obtained directly from or pursuant to a valid prescription or order of a practitioner, as defined in Wis. Stat. § 961.01(19), while acting in the course of his or her professional practice, or except as otherwise authorized by this Code of Ordinances or the Wisconsin Statutes. (2) Notwithstanding Section 1-1-7 of the City Code or any other penalty provisions in the City Code, any person who violates subsection (b)(1) shall, upon conviction thereof, forfeit Five Dollars ($5.00) together with the costs of prosecution. (c) Definitions. As used in this Section 11-2-11, the following terms are defined as follows: (1) “Possess” means to have actual physical control of a substance which the person knows, believes, or should reasonably believe is a controlled substance whose possession is prohibited by law. This definition is intended to be interpreted in a manner set forth in Section 6030 of the Wisconsin Criminal Jury Instructions. (2) “Use” means to take any action intended to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance whose possession is prohibited by law. 1 2. This ordinance shall become effective upon passage and publication as required by law. The foregoing ordinance was duly adopted by the Common Council of the City of Verona at a meeting held on __________, 2023. CITY OF VERONA ____________________________ Luke Diaz, Mayor (seal) ____________________________ Holly Licht, City Clerk ENACTED: ___________________ PUBLISHED: ___________________ 2