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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · April 1, 2013

Minutes

Minutes

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, April 1, 2013 1:30 PM Room 301-B, 3rd Fl., City Hall Meeting called to order at 1:36 P.M. Present 5 - Hamilton, Witkowski, Davis, Puente, Donovan 1. 121706 An ordinance relating to revisions of provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions. Sponsors: THE CHAIR A motion was made by ALD. WITKOWSKI that this Ordinance be RECOMMENDED FOR PASSAGE. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 2. 121651 A charter ordinance repealing obsolete provisions. Sponsors: THE CHAIR A motion was made by ALD. WITKOWSKI that this Charter Ordinance be RECOMMENDED FOR PASSAGE. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 3. 121685 Resolution authorizing the denial of claims for excessive tax assessments filed with the City of Milwaukee. Sponsors: THE CHAIR Appearing: Christine Queen - City Atty. Mary Reavey - CIty Assessor City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes April 1, 2013 COMMITTEE Peter Weissenflu - Chief Assessor 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, Puente and Donovan No 1- Davis 4. 121646 Resolution authorizing the return of real estate located 3243 N. 28th Street, in the 7th Aldermanic District to former owner, Henry Taylor & Clasteen Phillips. Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Lynn Steffen - DNS Rich Schmidt - Treasurer's Office Angel Waldwin - Niece of Mr Taylor & Mrs. Phillips 2009-2012 Delionquent taxes if paid in APRIL, $7,830.55 If paid by May 9, 2013 $ 7,916.74 The applicant also lists ownership interest in the following property: 2401-2403 N 9th St., with delinquent 2012 taxes of $525.47 or $533.15 if paid for the rest of April paid by April 8, 2013 A motion was made by ALD. DAVIS that this Resolution be RECOMMENDED City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes April 1, 2013 COMMITTEE FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 5. 121722 Resolution authorizing the return of real estate located 2454-2456 W. Burleigh Street, in the 7th Aldermanic District to former owner, AC Unlimited LLC (Application made by Caston Love). Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Lynn Steffen - DNS Rich Schmidt - Treasurer's Office Mr. Caston Love While the DNS has no objection to the return of the property, it should be noted that the building was placarded as unfit for human habitation on January 29, 2013. Therefore, if the Common Council approves the return fo the property, the building cannot be occupied until all of the violations have been corrected, the placard has been removed and the owner has been issued an Occupancy Certificate by DNS. 2009-2012 delinquent taxes if paid in APRIL $16,330.58 IF paid by May 9, 2013 $16,513.82 A motion was made by ALD. DONOVAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Puente and Donovan No 1- Davis City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes April 1, 2013 COMMITTEE 6. 121721 Resolution authorizing the return of real estate located 1325 S. 33rd Street, in the 8th Aldermanic District to former owner, Loretta Ocampo. Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Ms. Hagner/Lynn Steffen - DNS Rich Schmidt - Treasurer's Office The DNS has no outstanding orders or charges and does not object to the request. Delinquent 2009-2012 I taxes if Paid in APRIL, $1,175.93 If paid by May 9, 2013 $1,187.95 The applicant also lists ownership interest in the following property: with delinquent 2012 taxes of $3,674.85. 1317 S 33rd St., which has a pending reinspection fee of $50 pending fee need to be paid by noon on April 8, 2013. A motion was made by ALD. DONOVAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 7. 121653 Resolution authorizing payment of the claim of Kurt Lacina, in the amount of $500. Sponsors: THE CHAIR Appearing: City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes April 1, 2013 COMMITTEE Ed Ehrlich - City Atty. 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, Puente and Donovan No 0 Excused 1- Davis 8. 121629 Resolution relating to an appeal from Rodney Bradley for property damage. (7th Aldermanic District) Sponsors: THE CHAIR Appearing: Ed Ehrlich - City Atty Jeff Delleman - DPW Infrastructure Claimant - Mr. Rodney Bradley Ald. Witkowski moved to deny based city department 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 4- Hamilton, Witkowski, Puente and Donovan No 0 Excused 1- Davis 9. 121378 Resolution relating to the claim of Arlene Evans for personal injuries . (7th Aldermanic District) Sponsors: THE CHAIR Appearing: Ed Ehrlich - City Atty Jeff Delleman - DPW Infrastructure Ms. Evans - Claimant Ald. Witkowski moved denied based on city department 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 4- Hamilton, Witkowski, Puente and Donovan No 0 Excused 1- Davis City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes April 1, 2013 COMMITTEE 10. 121507 Resolution relating to the claim of the Milwaukee Metropolitan Sewerage District for property damage. Sponsors: THE CHAIR Appearing: Ed Ehrlich - City Atty Atty. James Petersen - Milwaukee Metropolitan Sewerage District Ald. Witkowski moved this claim be denied based on city attorney '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 11. 121500 Resolution relating to the claim of Rae Lynn Kahle, agent for State Farm Mutual Automobile Insurance Company, on behalf of Roberto Esqueda, Jr. for property damage. (6th Aldermanic District) Sponsors: THE CHAIR Appearing: Ed Ehrlich - City Atty Ald. Witkowski moved denial based on non appearance. 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 12. 121579 Substitute resolution relating to an appeal from Dean Pecard, agent for Laacke & Joys, for charges incurred due to disruption of water service. (3rd Aldermanic District) Sponsors: THE CHAIR Appearing: Ed Ehrlich - City Atty. Dean Pacard, agent for Laacke & Joys Earl Smith - Water Department Ald. Donovan moved to denial this claim; he withdrew motion Ald. Witkowski moved to grant No action was taken on this motion City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes April 1, 2013 COMMITTEE Ald. Puente moved to hold to the call of the chair to allow water department to present further documentation to the committee. Failed 2-3 Ald. Donovan, Witkowski, Hamilton voted No Ald. Witkowski moved claim be granted in the amount of $665.22 Prevailed 3-2 Ald. Davis and Puente voted NO A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 3- Hamilton, Witkowski and Donovan No 2- Davis and Puente 13. 121510 Resolution relating to an appeal from Abbas Sepehriamin for property damage. (1st Aldermanic District) Sponsors: THE CHAIR Per claimant contacting City Atty office A motion was made by ALD. PUENTE that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 14. 121585 Resolution relating to an appeal from Matthew Repinski for property damage. Sponsors: THE CHAIR Appearing: Ed Ehrlich - City Atty Srgt. Michelle Pagan MPD Matthew Repinski - Claimant's wife was driving the vehile that was shot Ald. Witkowski moved to make pictures presented by Mr. Repinski and Srgt. Pagan be part of the permanent record. There were no objections. Ald. Puente moved denial based on testimony provided by police department and city atty. Prevailed 5-0 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 15. 121501 Resolution relating to an appeal from Leonard Smith for loss of City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes April 1, 2013 COMMITTEE property. (1st Aldermanic District) Sponsors: THE CHAIR Appearing: Ed Ehrlich - City Atty Srgt. Michelle Pagan - MPD Leonard Smith - claimant Ald. Davis moved denial based on testimony of MPD and City Atty. A motion was made by ALD. DAVIS that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 4- Hamilton, Davis, Puente and Donovan No 0 Excused 1- Witkowski 16. 121578 Resolution relating to an appeal from Michael Pias for property damage. (4th Aldermanic District) Sponsors: THE CHAIR Appearing: A motion was made by ALD. DAVIS that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Hamilton, Davis, Puente and Donovan No 0 Excused 1- Witkowski 17. 121633 Resolution directing the Department of Administration - Intergovernmental Relations Division to lobby the State of Wisconsin Department of Administration - Division of Enterprise Operations to consider issues of national security when contracting for technology. Sponsors: Ald. Zielinski Appearing: Ald. Zielinski - Sponsor 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 City of Milwaukee Page 8 JUDICIARY & LEGISLATION Meeting Minutes April 1, 2013 COMMITTEE No 0 18. 121575 Resolution relative to legislative bills. Sponsors: THE CHAIR A motion was made by ALD. DONOVAN that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 121575 Substitute resolution relating to legislative bills. Sponsors: THE CHAIR Appearing: Kimberly Montgomery - IRD Jo'Mar Hooper - IRD AB-23/SB-48 Funding postretirement health care benefits of local government employees Ald. Puente moved to opposed AB-23/SB-48 LRB-1643/1 Animals taken into custody. No position was taken forLRB-1643/1 A motion was made by ALD. DONOVAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 Meeting adjourned at 3:45 P.M. Joanna Polanco Staff Assistant This meeting can be viewed in its entirety through the City's Legislative Research Center at http://milwaukee.legistar.com/calendar. City of Milwaukee Page 9

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