SAFETY AND LICENSING COMMITTEE Special Meeting Minutes June 3, Alderperson Brooker, Alderperson Lutz, Alderperson Meyer, Alderperson

Transcription

1 SAFETY AND LICENSING COMMITTEE Special Meeting Minutes June 3, 2010 MEMBERS PRESENT: Jirschele. MEMBERS EXCUSED: Alderperson Brooker, Alderperson Lutz, Alderperson Meyer, Alderperson Alderperson Smith OTHERS PRESENT: Assistant City Attorney Stacy Doucette, City Clerk Cindi Hesse, Lieutenant Steve Elliott, Amanda Fontecchio, Jacob P. Henning, Scott J. Waananen, Alanna Deneny, George Schroeder, James Opfer. Chair Brooker called the meeting to order. Brooker explained the process which would take place at today s meeting. a. NON-RENEWAL HEARING for the Class B Beer/Liquor License of Gregg Van Dinter, 906 South Olde Oneida Street, Appleton, Wisconsin. Motion by Lutz, second by Meyer to hold this item until the June 14, 2010 meeting of the Safety and Licensing Committee. Voice Vote. (4-0) b. NON-RENEWAL HEARING for the Operator s License of Amanda M. Fontecchio, W2258 Gentry Drive, Apt. #1, Kaukauna, Wisconsin. Lt. Elliott was sworn in prior to giving testimony. He presented the reasons for the recommendation for non-renewal of this license into the record. He provided Exhibits of Ms. Fontecchio s driving record and the judgment of conviction for her July 2009 OWI conviction. He stated her first OWI offense was in June Ms. Fontecchio stated she had no questions for Lt. Elliott. Lutz asked Lt. Elliott if there have been any violation while at her place of employment. Lt. Elliott responded that he was not aware of any. Brooker asked how long she held this license. Elliott responded the current license was issued in 2008 and he was not sure if she was licensed prior to this date. Meyer asked what time of the day and what day of the week the arrest occurred on? Elliott stated he did not have that information. Brooker questioned what the BAC content was? Elliott stated he did not have that information he only had the conviction of the OWI. Amanda Fontecchio was sworn in prior to giving testimony. She stated she has taken full responsibility for her actions. She has completed all the state requirements and had enrolled in one-on-one counseling to stay sober. Amanda said she would lose her job if she does not keep this license. She is currently enrolled in Dental Assistant School and trying to get her life back on track and out of the bar scene, but

2 this employment does allow her to pay her bills and stay enrolled in school. She spoke on the in-house The Bars program, an in-house checking process in which she has passed on all occasions. Elliott asked Ms. Fontecchio if she received the complaint and concurred with the facts in the complaint. Ms. Fontecchio responded yes. Elliott asked Mrs. Fontecchio if she was driving on the wrong side of the road and what time of day did this OWI occur? She responded she had swerved while looking for her cell phone and the time of day was 1:58 am. Brooker questioned what her BAC was. Fontecchio responded it was.21. Meyer asked Amanda about the report she submitted from Behavioral Health and did she find that program helpful? Fontecchio responded she found it helpful. She has learned you don t need alcohol to have fun and that she can bartend without wanting alcohol. Brooker questioned her dates of employment. Fontecchio stated she started as a server at Buffalo Wild Wings 3½ years ago and in December 2008 she worked herself up to the bar area. Closing arguments were made by both parties. Motion by Lutz, second by Meyer to go into closed session pursuant to State Statute 19.85(1)(a) to discuss the non-renewal of the Operator license for Amanda Fontecchio. (4-0) (2:31 p.m.) Motion by Lutz, second by Meyer to rise and report. (3:10 p.m.) Chairperson Brooker explained to all that the S&L Committee members were unable to come to a conclusion on the findings of fact and conclusions of law in this matter. He advised that we will take a motion on this license and then explain further the options to the applicant. Motion by Lutz, second by Meyer to approve the Operator s License for Amanda Fontecchio. Voice Vote. (2-2/Brooker, Jirschele). Item failed to pass. Brooker explained a 2-2 vote does not pass the license and this recommendation will be forwarded to the Common Council on June 16, 2010 as a denial of the license. He advised Ms. Fontecchio to come to the Council meeting and speak to the full Council on this matter. He assured Ms. Fontecchio that he will be available to assist her with any questions she may have. He wanted to ensure that she is given every opportunity to go through the process fairly. c. NON-RENEWAL HEARING for the Operator s License of Jacob P. Henning, 819 West Elsie Street, Apt. #206, Appleton, Wisconsin. Lt. Elliott was sworn in prior to giving testimony. He presented the reasons for the recommendation for non-renewal of this license into the record. He presented the details of the urinating in public conviction in which Mr. Henning was found urinating in the 100 block of N. Walnut Street. The arresting officer indicated Mr. Henning was intoxicated at this time. He was convicted on July 22, On April 17, 2009 he was arrested for operating with a suspended license and convicted on May 27, Then on February 13, 2009 he was arrested for OWI in Winnebago County. This was his second OWI arrest. The

3 preliminary breathalyzer indicated his BAC at.131. He failed the sobriety test in the field. Mr. Henning stated he had no questions for Lt. Elliott. Brooker asked if a breathalyzer was performed at the 6/11/2010 arrest. Elliott stated the arresting officer only provided a short narrative that the person was intoxicated No PVT was performed. Brooker questioned the time this occurred? Elliott responded it was at 2:07 a.m. Meyer questioned if he had failed to complete the assessment as required. Attorney Doucette assisted the committee in understanding the assessment requirements by the state. Lutz questioned if there were any job related violations and how long he held an operator s license. Elliott responded he was not aware of any other violations and this individual was licensed since Jirschele questioned why Mr. Henning was pulled over in February Elliott stated the report indicated he was pulled over for a burnt out license plate lamp. Brooker asked for details on the first OWI. Elliott responded he only had the court conviction date of May 2, Jacob Henning was sworn in prior to giving testimony. He read into the records a letter from his employer, Fratellos. He also stated that he passed two recent CAT stings performed by the APD. He also refused to serve a person that was intoxicated. While calling a cab for this person, the person left and went to the parking lot to leave. Mr. Henning took down his plate number and called it in to the APD. He stated he is shameful of his actions and has remorse. He claims he has changed his life and feels he is responsible and can made good judgments as it relates to an operator s license. Elliott questioned Mr. Henning if he received the complaint and if the facts were correct. Mr. Henning responded, Yes. Brooker questioned Mr. Henning when the dates of the CAT stings were. Henning responded one was about 1 month ago and the other about 1 year ago. Brooker stated he would like to hear from Mr. Henning how he has matured. There are only convictions in front of us today. Mr. Henning stated he was previously living in Hortonville when these actions happened. He has now moved closer to his work and walks everywhere and does not go out in the social scene. He is not hanging around with the wrong crowd. He attended a class, but did not yet attend or complete the mandated assessment. Brooker questioned why he has not completed this assessment. Henning responded that since he has modified his life he does not currently need a driver s license and is focused on his work. He understands he needs to complete the assessment before he can get his driver s license back.

4 Brooker responded that his license was revoked on August 25, 2009, which is 9 months ago and he has not yet taken the assessment. Mr. James P. Opfer was sworn in prior to his testimony. Mr. Opfer is the Associate General Manager and Bar Manager immediately in charge of Mr. Henning. Opfer provided testimony on Mr. Henning s responsibility and work ethic. Stated he is a very good responsible beverage server. He works 6 days a week and is a full time benefited employee. Elliott questioned Mr. Opfer on how does Fratellos feel about Mr. Henning s background. Opfer responded that this has been discussed. He knows that Mr. Henning has grown up over the last year and has become an incredible asset to their company. Meyer questioned how long Mr. Henning has been employed. Opfer responded he has been employed for 2 years and obtained his operator s license when he was hired. Opfer continued that prior to moving closer to his employment and while living in Greenville, Mr. Henning was not as responsible of an employee. Brooker questioned if he is a good employee? Opfer stated he is a valuable employee to their business. He brings a lot of patrons into the establishment. He also trains the other bartenders. Brooker questioned Mr. Opfer if all employees at Fratellos are required to be licensed? Opfer responded that approximately 95% of their employees are licensed. Brooker asked if Mr. Henning did not have his license, would he be retained as an employee? Opfer said this would be difficult for them. Mr. Henning would have his hours reduced and would most likely have to take a job in another capacity. Closing arguments were made by both parties. Motion by Lutz, second by Meyer to go into closed session pursuant to State Statute 19.85(1)(a) to discuss the non-renewal of the Operator license for Jacob P. Henning. (4-0) (4:03 p.m.) Motion by Lutz, second by Meyer to rise and report. (4:13 p.m.) Motion by Lutz, second by Meyer to approve the Operator s License for Jacob P. Henning. Voice Vote. (2-2/Brooker, Jirschele). Item failed to pass. Chairperson Brooker provided the same explanation to Mr. Henning as the previous applicant. He asked Mr. Henning if he understood the process. Mr. Henning responded yes. d. NON-RENEWAL HEARING for the Operator s License of Scott J. Waananen, 2517 East Peter Street, Appleton, Wisconsin.

5 Lt. Elliott was sworn in prior to giving testimony. He presented the reasons for the recommendation for non-renewal of this license into the record and filed Exhibits. Elliott stated on November 6, 2008 Outagamie County arrested Mr. Waananen for OWI this was his third OWI. In August 2008 he was pulled over for a windshield view obstruction at 2:00 a.m. in the morning and was subsequently arrested for his second OWI. The preliminary breathalyzer test was.217. He failed the sobriety test. There were no questions of Lt. Elliott by Mr. Waananen. Scott Waananen was sworn in prior to giving testimony. He stated his offenses are not related to his employment. His violations are a result of financial stress. He had bartended for a number of years at establishments that were failing. After his third OWI he made a commitment to change. He has completed all the required assessments and is now financially stable. He works full time for the Reader s at Pullmans and Good Company. He asked to be judged on his professional bartending capabilities and not his personal life. George Schroeder was sworn in prior to giving testimony. Mr. Schroeder, CU Saloon stated he is the coordinator of the Safe Ride Program in Appleton. He is not here as an attorney, but as a previous employer of Mr. Waananen. One of his OWI s occurred while employed at CU Saloon. He was always a responsible employee and did work as the door checker. He worked with the APD and turned in an underage person with a fake ID. He learned all aspects of the bar business and took responsibility for his actions. Alanna Deneny, Assistant Manager of Pullmans read into the record a letter from Shawn Lund, Pullmans. The letter stated Mr. Waananen is a responsible individual. Alanna Deneny, Assistant Manager of Pullmans was sworn prior to giving testimony. She stated Mr. Waananen is a great employee and is valued. If Mr. Waananen did not have his license, he would not lose his job; however, he would lose a huge customer base for their establishment. Lt. Elliott questioned Mr. Waananen if he received the complaint and if the information was factual. Mr. Waananen responded, yes. Closing arguments were made by both parties. Motion by Lutz, second by Meyer to go into closed session pursuant to State Statute 19.85(1)(a) to discuss the non-renewal of the Operator license for Scott J. Waananen. (4-0) (4:47 p.m.) Motion by Lutz, second by Meyer to rise and report. (4:53 p.m.) Motion by Lutz, second by Meyer to approve the Operator s License for Scott J. Waananen. Voice Vote. (2-2/Brooker, Jirschele). Item failed to pass. Chairperson Brooker provided the same explanation to Mr. Waananen as the previous applicants. He asked Mr. Waananen if he understood the process. Mr. Waananen responded yes. Alderperson Brooker requested a transcript of the hearing from the Court Reporter to be submitted to the committee by June 14.

6 Brooker also stated that due to the actions taken by the committee, he would like to cancel the special S&L meeting scheduled for June 14. Clerk Hesse informed the committee they must take action on the license for Gregg Van Dinter. Motion by Brooker, second by Lutz to reconsider Item a. Voice Vote. (4-0). Lutz moved, second by Brooker to not hold a non-renewal hearing for the Class B Beer/Liquor License of Gregg Van Dinter, 906 South Olde Oneida Street, Appleton, Wisconsin and to approve such license. Voice Vote. (3-1/Jirschele). License approved. Extensive discussion held on the philosophy on the requirements to hold an operator s license. ADJOURNMENT There being no further business coming before the Committee, Brooker moved, seconded by Jirschele, that the meeting adjourn. Voice vote. (4-0) Motion carried. (5:40 p.m.)