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HomeMy WebLinkAboutMinutes ADVISORY PARK BOARD MINUTES MAY 13, 2013 Present: Victor Girens, Bill Gogolewski, Jim Michelson, Bill Miller, Mark Philipp, Allan Siman Absent: Jonathan Wilson, Terry Wohler Staff: Ray Maurer, Parks Director; Chad Dallman, Parks Operations Manager; Bill Sturm, Landscape Trish Marks, Recording Secretary Operations Manager/City Forester; Guests: Lynn Lorenson, City Attorney; Deputy District Attorney Scott A. Ceman; Oshkosh Police Officer Craig N. Johannes CALL TO ORDER & ROLL CALL Chairman Gogolewski called the meeting to order at 6:00 P.M. A quorum was determined to be present. APPROVAL OF MINUTES Motion by Girens for approval of the April 8, 2013 minutes, as distributed. Seconded by Siman. Motion carried 5-0. CITIZENS STATEMENTS (Items on Agenda) There were no citizen’s statements. PARK BUSINESS 1)Review and recommend Park Suspension Policy Mr. Maurer gave a brief history of how the Park Suspension Policy was created. He noted that the City of Appleton adopted their Park Suspension Policy in 1998 and staff used their policy as a guideline. City staff worked with the Winnebago County District Attorney’s office (Deputy District Attorney Scott A. Ceman) and the Oshkosh Police Department (Officer Craig N. Johannes) on the proposed policy. If the Board approves the proposed policy, May 28 would be the City Council’s first reading with the second reading being June 11. thth Mr. Philipp expressed concerns with the policy the way it is being proposed. He is of the opinion that the policy disregards the premises that the offender will be considered guilty before they are found guilty/non guilty in the court system. He stated the last two sentences of the notice of suspension is the root of his complaint. Wisconsin Statutes Chapter §68.001 reads, “The purpose of this chapter is to afford a constitutionally sufficient, fair and orderly administrative procedure and review in connection with determinations by municipal authorities which involve constitutionally protected rights of specific persons which are entitled to due process protection under the 14 amendment to the U.S. Constitution.” After reading this chapter, he called City th Attorney Lynn Lorenson and a retired judge for clarification. He checked with staff at the Oshkosh Public Library as to their suspension policy and got a real education on how hard it is to deal with the public in these public institutions. He feels that the proposed ordinance needs more balance with regard to civil rights and authority - perhaps a warning before suspension. He noted that minors appear to be subject to the same process as adults and he thinks that needs to be tweaked. Mr. Michelson stated that Mr. Philipp has voiced good points, but he would be interested in hearing comments from the other Board members that are absent from tonight’s meeting. He suggested tabling this proposal at this time. Mr. Siman concurred with Mr. Michelson. ADVISORY PARK BOARD MINUTES PAGE TWO MAY 13, 2013 City Attorney Lynn Lorenson stated the public is of the idea that it is a constitutional right to utilize public parks. While the City is bound by the Constitution, the City elects not to abide by Wisconsin Statutes Chapter §68. Instead of Wisconsin Statutes §68, the Committee set up a separate process. Oshkosh Police Officers do a very good job dealing with violators in the parks and we will continue to train them with consistency. Mr. Maurer gets copies of all incident reports of happenings in the parks. Ms. Lorenson stated a lot of factors go into citing. Officers need to look at the total situation to make sure the suspension is the way to go. Mr. Maurer stated the warning lengths might be due to a 4-day (holiday) weekend. The longest would be 15 days. If requested by the Board to go smaller, that could be done. Mr. Maurer stated that staff has been working on the proposal for nearly two (2) years (looking at case law and other communities’ policies). They felt the document was ready to be put into place and acted upon. Chairman Gogolewski inquired what has been other cities’ response. Mr. Maurer stated that the City of Appleton has seen a significant decrease in calls to police to park issues. The policy and ordinance are intended to reduce major problems in the parks. Staff has had numerous calls for service (violence, alcohol in parks after hours, etc.) which he feels this proposed Policy would help a lot. Mr. Philipp suggested issuing a written warning before a suspension or reducing the lag time between the citation and review to five (5) business days and some sort of retired judge who could be an appeal arbitrator (disinterested third party who would look into it). Mr. Maurer stated the review time suggested is due to long holiday weekends and/or vacation time, etc. Mr. Philipp inquired if this would be public record? Ms. Lorenson stated yes with caveat with juvenile information being blocked out and names not being released. Mr. Girens inquired if there was a restitution request made if there was damage made at the time. Ms. Lorenson stated the only way that restitution can be requested is through the District Attorney’s office. The suspension is a separate issue. Deputy District Attorney Scott A. Ceman stated that City parks are now considered a safe zone by his department. He receives everything from the Oshkosh Police Department for potential charges. If it doesn’t go to him, then it would simply be a suspension or a fine imposed and they should consider themselves lucky. If it does go to him, he will go for bond conditions and it would take 4 – 6 months to process. If within that 4-6 months they go into a park, then it becomes a misdemeanor which is bail jumping and that entails jail time with a large fine. His office has a zero tolerance for any type of criminal damage within the parks. Chairman Gogolewski inquired if all city parks are considered safe zones. Ms. Lorenson stated all parks would be considered as a safe zone working through this process. Oshkosh Police Officer Craig N. Johannes stated the policy is a wonderful tool for the Oshkosh Police Department and the City as it curbs a lot of issues. The public might think a little before doing damage/violating suspension orders as that would cause the charges to jump to state level charges which are much more stringent. ADVISORY PARK BOARD MINUTES PAGE THREE MAY 13, 2013 Mr. Maurer stated #4 on page 2 of the proposed Park Suspension Policy states that the suspension would be reviewed within 15 business days and that could be changed to 10 business days if that addresses Mr. Philipp’s concern. Officer Johannes stated that staff wanted to make sure that Mr. Maurer has all of the information in a timely fashion and allow him time to review the paperwork. Ms. Lorenson stated that it would allow the individual time to get their information to Mr. Maurer as well. Mr. Michelson inquired as to the appeal process. Ms. Lorenson stated the process is similar to the vicious animal ordinance; notice to the owner and they have an opportunity to present evidence. Mr. Maurer is the appeal process. They could also go to court and have the issue reviewed. Chairman Gogolewski stated there would be two (2) readings of this proposal before the City Council wherein the public could voice their opinions on the proposed policy. Mr. Philipp stated he would like to table the item rather than have the item voted down by the Board. He has a concern about the appeal process. Motion by Michelson to table the recommendation of the Park Suspension Policy; Seconded by Siman. Chairman Gogolewski stated he would not like to have the item tabled. He would prefer to have the policy and ordinance in place for the summer. Mr. Miller arrived at this time (6:45 PM), thereby making a 6-member Board. Mr. Girens stated he would like to see some monetary requirements attached with the suspension. Ms. Lorenson stated that would come through the citation process from her office or an arrest through the District Attorney’s office. Mr. Miller inquired if the person could be penalized (issued a citation) and keep them out of the parks (suspend them). Officer Johannes stated yes. Mr. Michelson stated he thinks the policy needs some tweaking. Both him and Mr. Siman withdrew their motions and second to table the item. Motion by Michelson to lay over the recommendation of the Park Suspension Policy; Seconded by Siman. Mr. Michelson stated he would like to see the appeal process include some type of impartial third party. Mr. Philipp suggested that a retired judge, City Manager or Mayor be the third party. Mr. Siman inquired if the police officers can take objective measurement with the various incidents. Various ideas for an appeals committee were discussed and ultimately decided Mr. Maurer would be the appropriate step. ADVISORY PARK BOARD MINUTES PAGE FOUR MAY 13, 2013 Officer Johannes stated that unless they dealt with an individual multiply times, there is a reasonable chance that they will discuss the situation and they will send the violator on his way. He confidently stated that the other law enforcement officers feel the same way. Both Mr. Michelson and Mr. Siman withdrew their motions and second to lay over the item. Mr. Philipp inquired why a person would be suspended from all parks. Officer Johannes stated because the offender would do the same thing in a different park. Mr. Miller suggested that the item be implemented and reviewed after one year. Mr. Philipp suggested that Mr. Maurer do a report each month as part of his Director’s Report. Motion by Miller to accept the Park Suspension Policy as presented and that the Parks Director report to the Board monthly as activity occurs. Seconded by Girens. Motion carried 5-1 (Philipp). 2) Review and recommend rules and regulations pertaining to the Fox River Riverwalk Mr. Maurer gave a brief history of the item noting that he had been working in conjunction with the City Attorney’s office, the Oshkosh Police Department and the Community Development Planning office. The proposed rules and regulations would be recommended to the City Council as an amendment to the current Parks Rules and Regulations ordinance pertaining to the Fox River Riverwalk (adding the Fox River Riverwalk to the list of city parks). Mr. Siman stated he thinks the proposal is great. He questioned what about owners not picking up after their pets – is that a suspension offense. Mr. Maurer stated that would be considered a citable offense under the current City ordinance. If there were multiple offenses, staff might could consider the suspension policy. Discussion ensued relative to allowing portable toilets along the riverwalk and it was determined that portable toilets would not be allowed. The Board did suggest the city consider a public restroom facility somewhere on the south shore riverwalk. Discussion ensued relative to dogs being allowed on certain portions of the Fox River Riverwalk. Motion by Michelson to allow dogs on the Fox River Riverwalk except for that portion between Jackson and Main Street. Motion died for lack of a second. Motion by Siman to approve and recommend rules and regulations pertaining to the Fox River Riverwalk; Seconded by Miller. Motion carried 5-1 (Michelson). ADVISORY PARK BOARD MINUTES PAGE FIVE MAY 13, 2013 PARK DIRECTOR’S REPORT Mr. Maurer reported that on May 10 the Parks Department received an award from the Oshkosh Convention th and Visitors Bureau for partnership in tourism – 2012. He stated there will be a soft opening of the river otter exhibit at Menominee Park this weekend. There is a contest going on for naming the two female otters that runs through this Friday. The official grand opening for the river otter exhibit will be within the next month as staff is trying to coordinate the opening with the project donors and the Oshkosh Area Community Foundation schedules. It might be that the opening could be held in conjunction with the June 10 Board meeting. th PARK OPERATIONS MANAGER’S REPORT Mr. Dallman reported that the River Otter exhibit will be opening this weekend. The restroom projects at Abe Rochlin Park and the Lakefly Café in Menominee Park will hopefully be completed this week. Mr. Dallman reported that the cruiser docks at Menominee Park turned out real well and noted that the parks crew did a great job on keeping the costs down for the project. The buoys at Miller’s Bay have been installed. The athletic fields have turned out pretty decent considering the recent weather conditions. The remaining restrooms within the park system have been open for public use. The Pollock Community Water Park office will be up and running this Friday for training purposes. He noted that the Zoo Caretaker, Stacy Donnelly, has been doing a great job in getting the zoo ready for opening. He wished to thank South Park Middle School, Noon Rotary Club and members of the UWO for their help with parks clean up. Mr. Miller inquired if now is a good time to do some improvements to Bauman Park with restoration that will be necessary at the completion of the creek project. Mr. Maurer stated staff has been working with James Rabe of the City’s Engineering Department and the Wis DNR with respect to the restoration in those areas. Work will continue during the summer and into the early fall. At Bauman Park it is proposed to improve the ball diamond, back stop and infield. At West Algoma Park there were trees removed and those will be restored after the project is completed. LANDSCAPE OPERATIONS MANAGER’S REPORT Mr. Sturm stated the Arbor Day Celebration was a success. It was held at the Paine Art Center and Arboretum with help from Read Elementary School, Wisconsin Public Service, American Transmission Company, and UWO as partners with the Forestry Department. Due to recent wet conditions, the tree planting process is only about 1/3 done. Cemetery operations are currently focused on getting the grounds ready for the Memorial Day Ceremony/Procession. OTHER BUSINESS Chairman Gogolewski took this opportunity to thank Bob Poeschl, former City Council member, for his term/years of service on the Advisory Park Board. Mr. Poeschl did not seek reelection to the City Council and, therefore, is no longer on the Advisory Park Board. ADJOURNMENT There being no other business, Motion by Girens for adjournment; seconded by Michelson. Motion carried 6-0. The meeting adjourned at 7:30 P.M. Respectfully submitted, Trish Marks Trish Marks, Recording Secretary