Planning Commission - Regular Meeting

It's 6 PM on Monday, March 9th, 2026, and I call this study session to order. I want to thank everyone for joining us this evening, and would council member Whan lead us in the flag salute. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

And please note for the record that Council Member Roberts uh is absent this evening. Um, the first item on the agenda today is a presentation. Uh, Washington City's Insurance Authority, also known as WCIA, is here tonight. Rob Rosco will be presenting council dos and don'ts training and will and will be able to answer questions following the presentation. The presentation slides begin on page three of your packet,

Mr. Rosco. Thank you. Washington 26 years. Yeah. So committee and I'm here to talk. Please feel free. Also, I feel like

I primarily back We pull our resources And we and that's we Do you remember? And we have throughout the state. And some of the

Increase It is getting

I believe it. service for their members. So, So, we're not charging. The members do in particular. criminalizing. So they brought

So that's why we're here. and what we so You can't always

I was very We want to be You can

pierce.

Okay. Sometimes we're all members 18 and Most church as simple So we have there's a large's exercise because they have that.

We don't want

So we don't to the executive. Fellow members used to be I had.

So I had to Now insurance very That's where that's never insurance.

Wow.

But that's what we right now. Our members potential 2020. state of Washington. disappear. And with the department. So,

not really Yeah. Yeah. I just want to point out I was at the attorney general when that verdict came out. I'm an attorney there.

I mean, the jury did find it was foreseeable. Just for the record, there was lots of aggravating facts, which is why the verdict came out that high. Yeah, my my I just take a little gripe because the DSHS verdicts are because these are egregious facts where the state continually fails. So I I just want to know that was a jury verdict. That's the jury. That is false. Either It's weep. Maybe just

a lot of times Who's trying to spill it? We have passgers. So we did It's just a matter.

That's what we study. Now, population. They have lost. And that's where again we should be getting there.

And we want

So is we don't see a lot but what we see is You started. fixed and be careful. You start We did for a

Go off. What's not Whatever. But because That way you can eat.

Use your code. However, Wow. This is developers. Not city.

I don't think you have So now agree. personel. This is why we're attorney. Yeah. Can sappire. Is it irrelevant?

This is a violic You're not You're not and they're designed. Same thing.

Guess what? So don't report that awesome. You say that you Is that okay? Can't wait to see. Is that a problem?

Yeah. Just be careful. Do the investigation. We don't That's where you don't want to

Are you serious? You think they can even Yes.

What happened as a X Y or Z. Yeah, it was perfectly that be careful. It's an unsafe

And then they can be very and left us. Just to add a little bit to that, be respectful of the the citizens, but don't let them know that you'll pass the information on and your further discussions go to the appropriate department, the appropriate head. And it's not extracting yourself from what the individual want. It's advising them of the process to take. And you may agree with them 100%, you may not agree with them at all, but you don't express that.

Yeah. You just pass it on through. But

and it's also appropriate to follow up with the individ and find out how it stands. You kind of want to give the appropriate party who's supposed to respond the time and the information to respond. Don't take it on yourself. Definitely. Well, Washington. highlighted. contract real estate transaction. You can go and work.

So I don't I'm trying. We can't self yourself. We don't care.

So, so or it's very soon communication. Just and be very what you're putting in. defensive comments.

So what are they So that's

I know this is for council, but I just think it would be it's helpful to them to also understand that there's print that sometimes WCIA will settle against council's wishes because as the insurer or the group watching out for the group assets of the all the cities there will be times

because I've been doing this for 30 years sometimes there's a a moral compass and people are like we should not pay that person we should litigate it we should fight them and they go because I've both I've been in the county and I've been in the city and there's times where they We're going to go ahead and pay them because it's cheaper to settle outside of court. You have a A lot of times that's where Sure. A lot. This could be

Just one more thing just following on the uh enum claw I think it is

just that council be aware that there can be cases that will bankrupt a city. See if I can get We'll not have but they wouldn't even get I have a question.

So, what's the difference between a personal Facebook and your like Facebook. Are you allowed? Are you Well, are you allowed to say anything on your personal personal Facebook account? What's city business? Yes. over that.

I think we've all put very personal. I think what he's referring to is baiting. Somebody starts talking about city business and you start getting into a debate with them. Oh. And you might not realize because you was a harmless post, but then they trying to draw you into Oh, yeah. a conversation. I don't think we knew that. Definitely.

What? Well, I know we're not given city phones, but we were asked to give our phone number if somebody wanted to contact us.

Be careful about that. I don't have one from the city.

Is the city of Seattle one of the members? You see that? They already have right there. So,

thank you. Can you speak just 10 seconds to how important it is that we participate in the WCIA audits

assessments and All the cities. Okay. But honestly, kind of a closing question, you might say. How long have we been doing business with you all?

That's what I thought.

Oh, yeah. I asked that question because I've been on council for the last 25 years and I I've heard a lot of the uh you might say discussions with WCIA and the results and so forth and um I don't ever remember any problems?

I don't remember any. So, it's it's a credit to both WCIA and council because you're informative. You're you might say educating us and we don't know or actually have any knowledge of severe issues. We've had some suits. So, a lot of happens. But and I mention this because we we have a nice new council

who haven't sat at this das for other than the two months or three months that they've had the opportunity. So that broad scope knowledge is very helpful and very you might say appreciated coming from you.

Well appreciating I think everybody now I've heard WCIA for the last 25 years so but you'll have a better understanding of what they do do for us what the relationship is and the value that you add to our lives by knowing what not to do as well as what to do. Appreciate it. Thank you.

Thank you. It's an hour well spent. Thank you, Mr. Rosco. Of course. All right, the last item on our agenda uh today is uh is our fireworks enforcement update and uh Chief Hernandez will be telling us all about this.

Good evening, council, distinguished guests. Uh just wanted to uh bring this agenda item before you and um update you. We I this ordinance was passed prior to some of the new council members. And so just to give you u an explanatory statement under the Milton Municipal Code 8.04, the city of Milton used to allow the sale and purchase and use of consumer fireworks within the city limit. A ballot proposition was put out as a non-binding advisory vote that allowed residents to inform the Milton City Council whether they are were or against prohibited the sale prohibiting the sale or purchase and use of consumer fireworks within the city of Milton. This was done in 2025 and was placed on the ballot for November 4th, 2025. on the ballot. It uh talked to the advisory number one vote and it a yes vote meant the voter was in favor of prohibiting the sale and purchase and the use of consumer fireworks within the city of Milton. A no vote meant the voter was in favor of continuing to allow the sale and purchase and use of consumer fireworks within the city of Milton as currently provided in the Milton Municipal Code 8.04. Uh after years of debate, the outcome of this advisory vote provided input to the Milton City Council in its decision-making process when evaluating whether to modify the city's existing law governing consumer fireworks within the city of Milton. The advisory vote was placed before the ballot voters November 4, 2025. The results were King County, yes, 265 votes, no 143, which was a percentage of 64 uh% to 35%. In Pierce County, it was a yes vote of 791,

53% and then 695 votes of four 46% of no. overwhelmingly at approximately 55% of the voters voted yes to ban fireworks in the city of Milton. Since then, I've had discussions uh after this uh Milton um legislative body here passed the code uh banning firework sales in and use in the city of Milton under the current language and the municipal code that was passed um I believe it was December 3rd somewhere thereabouts in the month of December of 25 8.04 4 the city's fire and had a discussion with the fire chief and the language read, "The city's fire chief or their designate is identified as the enforcing officer for this chapter regulating fireworks." During the review of the ordinance amendments, the Milton Fire Department indicated the enforcement of fireworks violations was not consistent with their department's primary mission operational responsibilities. The fire department also indicated that it does not have sufficient staffing or resources to effectively enforce fireworks regulations within the city of Milton. Because of this, I brought a change forward to you and had consulted with our city attorney. The fireworks violations typically involve public safety enforcement actions, complaint response, and potential seizure of prohibited fireworks. These duties align more closely with the responsibilities and capabilities of the Milton Police Department. As a result, the proposed amendment to section 8.0460, which designates the Milton Police Department or its duly authorized representative as the enforcing authority for chapter 8.04. And that's what I have brought before you for your consideration tonight. And I have provided, as I handed out earlier before the meeting, the code in its entirety just in case you wanted to see where it fell uh under the enforcing officer. And so with that, I'll open it up for questions.

Yes. I'm sorry. I was distracted there for a second. Council member Mounds, the lake is owned. The lake is owned by the state. Is it within the city of Milton jurisdiction? The lake is actually not owned by the state. If you look at the state or the uh if you were to go on to the Pierce County website and look, the properties actually extend into the lake as private property. They don't. Surprise Lake. Surprise Lake. Yes. um

it's considered a private. In fact, the outfall for that is done by a private member of the association on the lake. We don't control that outfall. We have to negotiate with them to get access to the outfall when it gets to its high mark. Okay. It's probably governed by the state in the sense that they've say, "Oh, this is a wetland and we're going to make sure that you can only do certain things like that." But as far as the lake, as far as I know, unless the planning director has other advice, my hand. Yeah,

I believe it's that because yes, the the parcels go into the lake. It's very unique. Um, but I believe it's something like the water is owned because by the state, but the lake itself is not. So, it gets it's sort of cross. I think there's both rules for it. So, so what would you do if we put a dock out in the middle of the lake off of anybody's parcel? No, it does happen. Okay. And they complaints do come in and depending on the distance.

It it would be so it would be subject to um the shoreline regulations similar to your house is privately owned, but you still have to do building permits. The lake is privately owned, but you still it's still a shoreline and would have to follow shoreline rules.

Any other questions? Council member Cedar.

Chief, do you envision any impact to your uh need for additional officers on high firework nights, New Year's, Super Bowl? Well, I think again it's important to just because we have the law, we still need to express the expectation that this is not going to stop fireworks in Milton. We do our best. There is a misdemeanor presence rule. Uh and we also have to abide by um the the rules and regulations regarding entry to property. Um so again, it it is going to be difficult to enforce, but we will do our best. It makes it obviously um much clearer kind of for our officers because uh we still have tribal property that this does not impact. So if someone has tribal property and they're next to someone who does not have tribal property and that tribal property is in trust, they can do what they want on that property as far as lighting off fireworks, but the person next to him who doesn't have tribal property in trust cannot. Uh so it is uh it puts us in a difficult position and then of course um we have to consider our liability options also uh when we're talking about seizing uh fireworks from individuals and use of force escalations and all kinds of things,

right? But all we're really talking about tonight is shifting from what we previously passed, which is now the ordinance that that the law in Milton, which is that fireworks are not legal. And this just shifts the enforcement from the fire chief who doesn't want it to the Milton City Police. Correct. Correct. Because if you don't do that, then there will be nobody to enforce it.

Right. And the the problem that you pointed out, I mean, just to note it, like the tribal issue, that that problem already exists. someone could purchase legal fireworks that are that were previously illegal in Milton and they could we would still encounter that issue, right? So, so my question is just a little bit more specific, which is if the is there some alternative or some increased cost that we need to consider in in passing this amendment to the law as it currently stands?

No, the police department always the best the best that we can with what we got. So, um, no matter what the burden is that's put on the police department, we'll just do our best. That's just the way it is. We just need to un have council and the citizens understand that this is not a final answer to what they thought was a problem and that we're still going to have fireworks violations and we'll do the best we can to deal with it. But during um celebrations such as the holiday of the 4th of July, our priorities are immediate life safety. And so we probably still will take the same position unless I'm directed otherwise by the mayor of fireworks calls will be triaged at the 911 and will not be dispatched unless there's an immediate life safety opposed. uh because it ties up the air so that when you do dispatch all of these calls for fireworks and it does create legitimate life safety issues is that if something happens, people can't get on the radio because it'll be non-stop dispatches of calls that we're going to be trying to deal with. And so it and we share the frequency with multiple jurisdictions. So yeah, I I appreciate you taking the burden and you know, your risks have have been well documented, I think, and I appreciate those. Um, but I see no reason why we wouldn't do this because like you said, we wouldn't have anyone to enforce it otherwise, which I think is a necessary

Yeah. tool at least to write into the law. And this is just a discussion item for tonight because it'll be coming back for action. So, I just wanted to give uh the new council members a little bit of a background so that they understand because this was legislation that was voted in before they took their seats and so I think it's relevant that they understand the background on it so that they're fully informed. Thanks, Council Member Hall.

To clarify, they're not going to send it out on air, but you get it on the computer, correct? We uh in the past like the other jurisdictions in Pur County have said that uh there you can go to the South Sound 911 website and report fireworks violations

so that we can create a database of repeat offenders. Uh again, if it's immediate life safety, someone is creating a fire hazard, they're directing fireworks at moving vehicles or people or homes or things like that, then we of course want to know about that so that we can take immediate action. But just the fact that you see a firework is not an immediate life safety. No, no, I wouldn't expect it. Thank you,

Council Member Turnis. Um, so I would assume in passing this ordinance that if somebody's house does catch on fire, if somebody does have some property damage or property than themselves, then the city of Milton is not held liable for it.

Not necessarily. Uh, this is just simply that this community was put to an advisory vote and they said, "We don't like fireworks in our city." And so then council acted on that, passed legislation banning fireworks. Regardless, there are always going to be bad actors that do things that are reckless. But uh there would have to be some kind of direct nexus showing negligence of the city uh for a home that burned. And so uh again, that would be you would have to look at all the facts. But um again, this was just a a thing that was passed by the previous body because uh this has been a debate for many years. There's things beyond just the the reckless component of it or a fire hazard. There are people in our community who have mental health disorders, po post-traumatic stress, people that are veterans, uh that this causes uh discomfort. Uh there's the animal component where animals uh you know run off and are panicked and so this is just something over the years that has been a much debate and also you know things that we did 20 years ago density changes and so things that we might have done 20 years ago we can't necessarily do today because there's the sheer uh density that we have today. Thank you. Also, do we have a public I've only lived down here, I think, 18 years, but do we have a permitted firework production here in Milton at all?

We don't. We have a process in the the the code that they can apply for a permit and they have to be inspected and and so on. Uh and but this has been a discussion when this code was passed whether or not we wanted to provide some kind of firework display or some kind of visual effect display. So those kinds of conversations still continue today. Thank you, Council Member

Council Member Whan. Oh, I was I was actually just going to thank you for adding the complete code showing where which section changes and so forth. It makes it easier because it's going to be a while before it's published, you might say. But this little page is only changing one code area in the existing code itself. It's a nice way to present it. Council member Cedar, I I just had a I thought I saw something about a potential Fourth of July display in Milton. Is maybe I'm maybe I missed that. I know the events committee is working.

Was the event committee working on something? Yeah, on on an event for the 4th of July. I didn't see anything about fireworks in there, though. Okay. Okay. No, there's been solicitation by um our events committee to see whether or not what kind of thing that we could do to celebrate the 4th of July. Keeping in mind that this ordinance has passed. But this ordinance will not go in effect until one year from now. So that does not effect this July. It will affect July in 2027. Okay.

And I just to clarify, I think it's on the calendar. I'll look, but I believe it the um it's intended to be like a come to the park, bring a picnic lunch kind of thing. So, there'll be more information coming. Council member Poor. Thank you, Mayor. And I apologize if this isn't a great question for you, but I just was curious because of the additional burden it would uh cause on the police department. Do you know if there's any other bodies that help with these kind of things during the holidays and whatnot that could help relieve your guys' burden? Um, or are you guys kind of the only other?

There are not. Uh, but I have had people volunteer presence rule. Uh and then also there's new legislation that's coming down the pipe that's going to be landing on the governor's desk about uh limitations on volunteers acting in a police capacity. Thank you.

Any further discussion? Seeing none, um it appears that we have gone through our total agenda. So, um and all items have been included. I adjourn this meeting at 7:17.