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 Tuesday, September 17, 2013 1:30 PM Room 301-B, 3rd Fl., City Hall Meeting call to order at 1:47 P.M. Present 4 - Hamilton, Witkowski, Puente, Donovan Excused 1 - Davis The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M. on Tuesday, September 17, 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 Legislation and Judiciary Committee 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 involve and then will go into open session for the regular agenda. Roll call: Ald. Puente, Witkowski, Donovan, Hamilton Ald. Davis excused Asst City Atty. Ed Ehrlich Asst. Atty. Adam Stephens City Atty Grant Langley Ald. Perez Ald. Zielinski Asst. City Atty Sue Lappen City Atty Rudolph Konrad Ald. Bohl Deputy City Clerk Rebecca Grill Mayor's Office Clifton Crump Ald. Kovac Ald. Dudzik Ald. Murphy Asst City Atty Joanna Gibelev City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes September 17, 2013 COMMITTEE Asst City Atty Kevin Sullivan LRB Manager Richard Pfaff LRB Richard Withers Ald. Davis arrived at 1:56 p.m. At 2:47 p.m. Ald. Witkowski moved the Judiciary and Legislation Committee go into open session . Ald. Hamilton, Witkowski, Puente, Davis Ald. Donovan excused fromt the meeting 1. 130617 Resolution authorizing settlement of the lawsuit entitled Family Worship Center Pentecostal Church of Holiness, Inc., et al. v. See, et al. 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 4- Hamilton, Witkowski, Davis and Puente No 0 Excused 1- Donovan 2. 130445 Reappointment of Joanne Barndt to the Ethics Board by the Mayor. (4th Aldermanic District) Sponsors: THE CHAIR A motion was made by ALD. WITKOWSKI that this Appointment be RECOMMENDED FOR CONFIRMATION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Davis and Puente No 0 Excused 1- Donovan 3. 130636 Reappointment of Sheldyn Himle to serve as Chief Court Administrator by Judge Phillip M. Chavez. Sponsors: THE CHAIR Appearing: Sheldyn Himle Chief Judge Phillip M. Chavez A motion was made by ALD. WITKOWSKI that this Appointment be RECOMMENDED FOR CONFIRMATION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Davis and Puente City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes September 17, 2013 COMMITTEE No 0 Excused 1- Donovan 4. 130379 Resolution relating to an appeal from Jemal Billings for property damage. (7th Aldermanic District) Sponsors: THE CHAIR Appearing: Ed Ehrlich - Asst City Atty Jemal Billings - Appelant Jeff Dellemann - DPW Infrastructure Division Ald. Davis moved to grant claim in the amount of $207.06 Failed 2-1 Ald. Witkwski, Donovan excused Ald. Hamilton and Puente voted no Ald. Davis voted yes Ald. Puente moved denial based on city atty testimony. Prevailed 3-0 A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 2- Hamilton and Davis No 1- Puente Excused 2- Witkowski and Donovan At 3:04 p.m. Ald. Hamilton was excused for rest of meeting. 5. 130559 Resolution relating to the appeal of Rose McClain for property damage. (7th Aldermanic District) Sponsors: THE CHAIR Based on non appearance, Ald. Puente moved to denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 6. 130560 Resolution relating to the appeal of Bruce Narten for property damage. (12th Aldermanic District) City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes September 17, 2013 COMMITTEE Sponsors: THE CHAIR Appearing: Ed Ehrlich - Asst City Atty Mr. Bruce Narten - appellant Jeff Dellemann - DPW Infrastructure Based on city attorney and DPW testimony, Ald. Puente moved denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 7. 130530 Resolution relating to the appeal of Bernadette Lewis for property damage. (7th Aldermanic District) Sponsors: THE CHAIR Appearing: Ms. Bernadette Lewis - Appellant Jeff Delleman - DPW Infrastructure Ed Ehrlich - Asst City Atty Based on testimony of city attorney, Ald. Puente moved denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 8. 130529 Resolution relating to the appeal of Steven LeMaster for property damage. (4th Aldermanic District) Sponsors: THE CHAIR Appearing: Mr. Steven LeMaster - Appellant Jeff Dellemann - DPW Infrastructure Ed Ehrlich -Asst City Atty Based on the city attorney's and DPW's testimony, Ald. Puente moved denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes September 17, 2013 COMMITTEE No 0 Excused 2- Hamilton and Donovan 9. 130483 Resolution relating to the appeal of Eudell Harris, Sr. for property damage. (1st Aldermanic District) Sponsors: THE CHAIR Based on non appearance, Ald. Puente moved to denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 10. 130417 Resolution relating to an appeal from Dennis Janczak for property damage. Sponsors: THE CHAIR Based on non appearance, Ald. Puente moved to denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 11. 130509 Resolution relating to the appeal of Russell Loving for property damage. (15th Aldermanic District) Sponsors: THE CHAIR Appearing: Ed Ehrlich - Asst City Atty Jason Blasiola - Fleet Services Mr. Russell Loving - appellant Based on testimony from city attorney and Fleet services division, Ald. Puente moved denial of this claim. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes September 17, 2013 COMMITTEE No 0 Excused 2- Hamilton and Donovan 12. 130476 Resolution relating to the appeal of Ramon Bruzon for loss of property. (8th Aldermanic District) Sponsors: THE CHAIR Based on non appearance, Ald. Puente moved to denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 13. 130475 Resolution relating to the appeal of Atty. Jeanette Corbett on behalf of Alicia Meier for damages. (14th Aldermanic District) Sponsors: THE CHAIR Appearing: Ms. Alicia Meier - Appellant Ed Ehrlich - Asst City Atty Based on City Atty testimony, Ald. Puente moved denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 14. 130398 Resolution relating to an appeal from Sholem Horowitz for property damage. (7th Aldermanic District) Sponsors: THE CHAIR Appearing: Mr. Sholem Horowitz - Appellant Ed Ehrlich - Asst City Atty Based on city atty testimony, Ald. Puente moved denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes September 17, 2013 COMMITTEE Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 15. 130418 Resolution relating to an appeal from LaKesha Ledford for property damage. (7th Aldermanic District) Sponsors: THE CHAIR Based on non appearance, Ald. Puente moved to denial. A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 16. 130462 Substitute resolution amending the 2013-2014 State Legislative Package relating to the establishment of a state facility or facilities to house released sexually violent offenders and to end the program that places them in residential neighborhoods. Sponsors: Ald. Zielinski Appearing: Ald. Zielinski - Sponsor Ted Medhin - LRB Ald. Puente moved to amend the current text to include "Further Resolved, That the Common Council supports the establishment of the facility or facilities only in the state's rural communities; and, be it" Ald. Puente asked to be added as co sponsor. There were no objections A motion was made by ALD. PUENTE that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 16. 130462 Substitute resolution amending the 2013-2014 State Legislative Package relating to the establishment of a state facility or facilities to house released sexually violent offenders and to end the program that places them in residential neighborhoods. Sponsors: Ald. Zielinski and Ald. Puente City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes September 17, 2013 COMMITTEE A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 2- Davis and Puente No 1- Witkowski Excused 2- Hamilton and Donovan 17. 130538 Resolution authorizing the proper City official to execute an amendment to the contract between the City and Kohn Law Firm, S.C. for the Collection of City Receivables, regarding the fee for collecting delinquent personal and real property tax bills. Sponsors: THE CHAIR Appearing: Jim Klajbor - Deputy CIty Treasurer A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 18. 130643 Resolution expressing the City of Milwaukee’s opposition to recently-enacted anti-gay laws in Russia and calling upon the repeal of such laws. Sponsors: Ald. Zielinski, Ald. Kovac, Ald. Perez and Ald. Bauman Appearing: Ald. Zielinski - Sponsor A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 2- Witkowski and Puente No 0 Excused 2- Hamilton and Donovan Abstain 1- Davis 19. 130647 Communication from City intergovernmental relations staff relating to the portions of the Southeastern Wisconsin Regional Planning Commission’s report, Regional Housing Plan for Southeastern Wisconsin 2035, that will be presented to state and federal legislators. Sponsors: THE CHAIR Appearing: Brenda Wood - CC CC IRD City of Milwaukee Page 8 JUDICIARY & LEGISLATION Meeting Minutes September 17, 2013 COMMITTEE A motion was made by ALD. DAVIS that this Communication be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 20. 130101 Substitute resolution amending the 2013-2014 state legislative package relating to disabled parking. Sponsors: Ald. Murphy 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 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan 21. 130444 Resolution relative to legislative bills. Sponsors: THE CHAIR Appearing: Brenda Wood - CC CC IRD Neil Albrecht - Executive Director of Election Commission SB-262 Labeling of duplicate ballots Ald. Puente moved committee takes a position to Support SB-262 3-0 SB-263 Challenging an elector's registration during recount proceedings Ald. Davis moved committee takes a position to Opposed SB-263 3-0 SB-266 The procedure for recounting ballots when electors voting in person are required to sign the poll list and fail to do so Ald. Puente moved committee takes a position to Opposed SB-266 3-0 A motion was made by ALD. PUENTE that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 3- Witkowski, Puente and Donovan No 0 Excused 2- Hamilton and Davis 21. 130444 Substitute resolution relative to legislative bills. Sponsors: THE CHAIR City of Milwaukee Page 9 JUDICIARY & LEGISLATION Meeting Minutes September 17, 2013 COMMITTEE A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 3- Witkowski, Davis and Puente No 0 Excused 2- Hamilton and Donovan Meeting adjourned at 4:51 p.m. Joanna Polanco Staff Assistant This meeting will be webcast live at www.milwaukee.gov/channel25. City of Milwaukee Page 10