JUDICIARY & LEGISLATION COMMITTEE

City Hall City of Milwaukee 200 East Wells Street Milwaukee, Wi 53202 Meeting Minutes JUDICIARY & LEGISLATION COMMITTEE ALD. ASHANTI HAMILTON, CHAIR Ald. Terry Witkowski, Vice-Chair Ald. Joe Davis, Sr., Ald. Robert Puente, and Ald. Robert Donovan Staff Assistant, Joanna Polanco, 286-2366 Fax: 286-3456, jpolan@milwaukee.gov Legislative Liaison, Richard Withers, 286-8532, rwithe@milwaukee.gov Monday, January 28, 2013 1:30 PM Room 301-B, 3rd Fl., City Hall AMENDED 1/23/13 Item #16, file # 111408 has been added Meeting called to order at 1:39 p.m. Present 5 - Hamilton, Witkowski, Davis, Puente, Donovan The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M. on Monday, January 28, 2013 in Room 301-B, City Hall, 200 E. Wells St., Milwaukee, Wisconsin, pursuant to s. 19.85(1)(g), Wis. Stats., for the purpose of conferring with the City Attorney who will render oral or written advice with respect to litigation in which the city is or is likely to become involved and then will go into open session for the regular agenda. Ald. Witkowski moved the Judiciary and Legislation Committee may convene into closed session, pursuant to s. 19.85(1)(g), Wis. Stats., for the purpose of conferring with the City Attorney who will render oral or written advice with respect to litigation in which the city is or is likely to become involved and then will go into open session for the regular agenda. Roll call Ald. Donvan, Puente, Davis, Witkowksi, Hamilton Also present: City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE Deputy City Attorney - Rudolph Konrad Asst. City Atty - Maurita Houren Adam stephens - Asst City Atty Clifton Crump - Mayor's Office Ald. Witkowski moved open session. There were no obejctions 1. 121344 Resolution to approve settlement in the matter of John J. Tranetzki v. City of Milwaukee, Equal Rights Division of the State of Wisconsin Department of Workforce Development, Equal Employment Opportunity Commission. Sponsors: THE CHAIR A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 2. 121177 Resolution urging Wisconsin Governor Scott Walker and the Legislature to eliminate minimum production requirements to qualify for a biodiesel fuel production credit, and to establish a biodiesel income tax credit. Sponsors: Ald. Zielinski Appearing: Ald. Zielinski - Sponsor of resolution Eric DeBrun - FUSION renewables - 1626 S Harbor Dr Milwakee WI 53207 A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 3. 121311 Resolution authorizing the return of real estate located at 4142 N. 24th Street, in the 1st Aldermanic District to former owner, Rachel Garcia. Sponsors: THE CHAIR City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE Individuals present: Karen Taylor, DCD Lynne Steffen, DNS Carrie Urban, City Treasurer's Office Rachel Garcia - Property owner Taxes due for 2007 - 2009 & 2012 if paid in Feb $13,690.11 if paid by March 7, 2013 $13,815.37 A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 4. 121283 Resolution authorizing the return of real estate located at 1801 W. Keefe Avenue, in the 6th Aldermanic District to former owner, Cache Investments LLC. (Application made by Caston Love). Sponsors: THE CHAIR Individuals present: Karen Taylor, DCD Lynne Steffen, DNS Carrie Urban, City Treasurer's Office Cache Investments LLC., Caston Love - Property owner 2009 - 2012 Taxes due if paid in Feb $19,791.71 if paid by March 7, 2013 $20,024.99 Applicant also lists ownership interest in the following properties: City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE 2450-2452 W Burleigh St - 2011 & 2012 taxes totaling $5,267.64. The 2011 taxes will be sent to the Kohn Law Firm in April for collection. Committee directed Mr. Love to set up payment plan by 1-31-13 by noon 3075-3077 N 14th St - See Resolution 121284 Pending Litter Nuisance charge of $25.00 that need to be paid by 1-31-13 noon or item will be sent back to committee. Litter nuisance charges paid on Januray 29, 2013, per email from Lynn Steffen (included in the file). A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 5. 121284 Resolution authorizing the return of real estate located at 3077 N. 14th Street, in the 6th Aldermanic District to former owner, Cache Investments LLC. (Application made by Caston Love). Sponsors: THE CHAIR Individuals present: Karen Taylor, DCD Lynne Steffen, DNS Carrie Urban, City Treasurer's Office Cache Investments LLC., Caston Love - Property owner 2009 -2012 Taxes Due if paid in Feb $17,363.16 if paid by March 7, 2013 $17,564.72 Applicant also lists ownership interest int he following properites: City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE 2450-2452 W Burleigh St - 2011 & 2012 taxes totaling $5,267.64 The 2011 will be sent to the Kohn Law Firm in April 1801 W Keefe Ave - see resolution 121283 A motion was made by ALD. DAVIS that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 6. 121315 Resolution authorizing the return of real estate located at 2539 N. 4th Street, in the 6th Aldermanic District to former owner, Orlando Butler. Sponsors: THE CHAIR Individuals present: Karen Taylor, DCD Lynne Steffen, DNS Carrie Urban, City Treasurer's Office New Bethel Temple of Praise, Orlando P. Butler - Property owner 2009, 2010 & 2012 taxes due if paid in Feb $25,063.82 If paid by March 7, 2013 $25,315.71 A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Davis and Puente No 0 Excused 1- Donovan 7. 121313 Resolution authorizing the return of real estate located at 3248-3250 N. 35th Street, in the 7th Aldermanic District to former owner, Letreya Powell. Sponsors: THE CHAIR Individuals present: City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE Karen Taylor, DCD Lynne Steffen, DNS Carrie Urban, City Treasurer's Office Letreya Powell - Property owner 2009 -2012 Taxes due if paid in Feb $13,390.13 If paid by March 7, 2013 $13,544.07 A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Davis and Puente No 0 Excused 1- Donovan 8. 121280 Resolution authorizing the return of real estate located at 3412-3414 N. 56th Street, in the 10th Aldermanic District to former owner, Sylvia R. Banks. (Application made by CSH Fund III LLC). Sponsors: THE CHAIR Individuals present: Karen Taylor, DCD objected for the return of this property Lynne Steffen, DNS Carrie Urban, City Treasurer's Office CSH FUND III LLC, Sylvia Banks - Property owner (not present) Atty. present = 2009 - 2012 taxes due if paid by Feb $37,322.94 if paid by March 7, 2013 $37,762.45 Pending Litter Nuisance charges of $200.87 City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE Ald. Davis moved to place this item on file based on Department of City Development's objection. A motion was made by ALD. DAVIS that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Davis and Puente No 0 Excused 1- Donovan 9. 121307 Resolution authorizing the return of real estate located at 2128 W. Lloyd Street, in the 15th Aldermanic District to former owner, Jeffery Rideout. Sponsors: THE CHAIR Individuals present: Karen Taylor, DCD Lynne Steffen, DNS Carrie Urban, City Treasurer's Office Jeffrey Rideout - Property owner Property at 1942 N 23rd has outstanding code violation and pending reinspection fee of $50.00 This fee need to be paid by 1-31-13 by noon or item will be sent back to committee. 2009-2012 taxes due if paid in Feb $18,080.45 if paid by March 7, 2013 $18,293.43 Applicant also list ownership interest in the following property: 1942 - 1944 N 23rd St - with 2011-2012 taxes totaling $7,750.93 The 2011 taxes will be sent to the Kohn Law Firm in April for collection Need to have payment arragement by 1-31-13 by noon or item will be sent back to committee A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE Aye 4- Hamilton, Witkowski, Davis and Puente No 0 Excused 1- Donovan 10. 121308 Resolution authorizing the return of real estate located at 2623 N. 34th Street, in the 15th Aldermanic District to former owner, Anna Juarez. Sponsors: THE CHAIR Individuals present: Karen Taylor, DCD Lynne Steffen, DNS Carrie Urban, City Treasurer's Office Anna Juarez - Property owner 2010-2012 taxes due by Feb $3,799.21 If paid by March 7, 2013 $3,846.21 Applicant also lists ownership interest in the following property: 2627 N 34th St - taxes paid in full Individual not present A motion was made by ALD. WITKOWSKI that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Davis and Puente No 0 Excused 1- Donovan 11. 121309 Resolution authorizing the return of real estate located at 2858 N. 29th Street, in the 15th Aldermanic District to former owner, Janet Triggs. Sponsors: THE CHAIR City of Milwaukee Page 8 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE Individuals present: Karen Taylor, DCD Lynne Steffen, DNS Carrie Urban, City Treasurer's Office Janet Triggs - Property owner 2009 -2012 taxes due if paid by Feb $7,131.75 If paid by March 7, 2013 $7,212.69 A motion was made by ALD. DAVIS that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Davis and Puente No 0 Excused 1- Donovan 12. 121310 Resolution authorizing the return of real estate located at 2777 N. 38th Street, in the 15th Aldermanic District to former owner, Carlon Crosby. Sponsors: THE CHAIR Individuals present: Karen Taylor, DCD Lynne Steffen, DNS Carrie Urban, City Treasurer's Office Carlon Crosby - Property owner 2009-2011 taxes due if paid in Feb $9,324.34 If paid by March 7, 2013 $9,426.69 City Assessor's records lists ownership interest of Carlon Demetria Crosby in the following property: City of Milwaukee Page 9 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE 2446 W Fond du Lac AVe - Delinquent 2009-2011 taxes totaling $9,744.54 and the current 2012 tax roll of $1,486.31 This property is scheduled for foreclosure action (in rem 2013-1) Ms Crosby stated she completed a process with mortgage Company in July 2012 A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Davis and Puente No 0 Excused 1- Donovan 13. 121300 Resolution relating to the claim of Michele Battle for personal injuries. (3rd Aldermanic District) Sponsors: THE CHAIR Appearing: Claimant, Michelle Battle Represented by Atty. Jacob Miota Asst. City Attorney - Ed Ehrlich Claim denied $45,876 based on city attornye's testimony A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 14. 121301 Resolution relating to the claim of Kimberly Virojana for personal injuries. (13th Aldermanic District) Sponsors: THE CHAIR Appearing: Claimant, Kimberly Virojana Asst. City Attorney - Ed Ehrlich Jeff Delleman - Infrastructure Claim $385,000.00 denied based on city attorney's testimony A motion was made by ALD. DAVIS that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 15. 121298 Resolution relating to the claim of Malcolm Martin for property City of Milwaukee Page 10 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE damage. (6th Aldermanic District) Sponsors: THE CHAIR Appearing: Claimant, Malcolm Martin Asst. City Attorney - Ed Ehrlich Jeff Delleman - DPW - Infrastructure Claim $170,235.56 denied based on city attorney's testimony A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 16. 111408 Resolution relating to legislative bills. Sponsors: THE CHAIR Appearing: Adam Stephens - CA Brenda Woods - CC CC Jennifer Gonda - IRD Director Ald. Davis moved the committee takes a position to support the amendment of the 2013- 2014 State Legislative Package (CC File #121009) to include a proposal to Amend Wis. Stat. 125.12 (2) (d) regarding alcohol beverage licensing appeals to circuit court. This Resolution was SUBSTITUTED 111408 Substitute resolution relative to legislative bills. Sponsors: THE CHAIR A motion was made by ALD. DAVIS that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 The Following files may be placed on file as no longer needed: 17. 100906 Resolution relating to the claim of Starmoneeka Evans for property damage. (7th Aldermanic District) Sponsors: THE CHAIR A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: City of Milwaukee Page 11 JUDICIARY & LEGISLATION Meeting Minutes January 28, 2013 COMMITTEE Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 18. 111346 Resolution relating to the claims of Seamus Creighton and the United Parcel Service for personal injuries. (13th Aldermanic District) Sponsors: THE CHAIR A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 19. 120937 Resolution relating to the claim of Lori Grabias, adjuster for Transinternational Systems, Inc. on behalf of Keith Elliot for property damage. Sponsors: THE CHAIR A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 Meeting adjourned at 2:46 P.M. Joanna Polanco Staff Assistant City of Milwaukee Page 12