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, October 7, 2013 1:30 PM Room 301-B, City Hall Meeting called to order at 1:37 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, October 7, 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. At 1:39 P.M. Ald. Witkowski moved the Judiciary and legislation committee cnovene into closed session pursuant to s. 19.85(1)(g), Wis. Stats., for the purpose of 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. Present: Ald. Donovan, Davis, Hamilton, Witkowski and Puente Rudolph Konrad - Deputy City Atty Stuart Mukamal - Asst City Atty Richard Withers - LRB Clifton Crump - Mayor's Office Patricia Fricker - Asst City Atty Sue Lappen - Asst City Atty At 2:30 p.m. Ald. Davis moved the Judiciary and Legislation committee reconvened into open session. 1. 130536 Resolution authorizing settlement of the claims raised by plaintiffs , Harvest Covenant Church and Pastor Darnell D. Robinson, in the lawsuit entitled Harvest Covenant Church, et al. v. City of Milwaukee. Sponsors: THE CHAIR City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2013 COMMITTEE 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 2. 130682 Resolution authorizing payment of the claim of John Hefley, in the amount of $60,000. 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 3. 130692 Communication from the City Attorney relative to expenditures from the 2013 Outside Counsel/Expert Witness SPA. Sponsors: THE CHAIR Appearing: Deputy city Atty - Rudy Konrad A motion was made by ALD. DAVIS that this Communication 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 4. 130472 Resolution relating to amending the U.S. Constitution to permit the U.S. Congress and state and local legislatures to limit corporate influence and expenditures in public elections. Sponsors: Ald. Zielinski, Ald. Kovac and Ald. Perez 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 5. 130201 Resolution relating to an appeal from Randy Parlee, agent for Great City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2013 COMMITTEE West Casualty Company, for property damage. Sponsors: THE CHAIR Claimant withdrew this appeal. Ald. Donovan moved to placed on file. A motion was made by ALD. DONOVAN 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 6. 130658 Resolution authorizing the return of real estate located 3774 S. 27th Street, in the 13th Aldermanic District to former owner, Eleonore Klug. Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Lynn STeffen - DNS Jim Klajbor - Treasurer Ms. Eleonore Klug 2009-2012 taxes if paid in October $317,623.14 if paid by November 14, 2013 $321,029.01 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 7. 130660 Resolution authorizing the return of real estate located 2213 N. Martin L. King Jr. Drive, in the 6th Aldermanic District to former owner, 2213 Properties (application made by HPC US Fund 2 LP, mortgagee). Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Lynn STeffen - DNS Jim Klajbor - Treasurer Mr. Greenberg - Law Office of Atty. Martin Greenberg, LLC 2009-2012 taxes if paid in October $83,065.07 if paid by November 14, 2013 $83,999.96 City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2013 COMMITTEE 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 8. 130758 Resolution authorizing the return of real estate located at 1706-1708 N. 32nd Street in the 15th Aldermanic District to former owner, Long Xiong. Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Lynn STeffen - DNS Jim Klajbor - Treasurer Mr. Long Xiong 210-2012 taxes if paid in October $5,303.77 if paid by November 14, 2013 $5,364.36 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 9. 130759 Resolution authorizing the return of real estate located at 2558 N. 34th Street in the 15th Aldermanic District to former owner, Zena Emerson (Application made by Milwaukee Habitat for Humanity, Inc., mortgagee). Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Lynn STeffen - DNS Jim Klajbor - Treasurer Quarles & Brady - Atty. Patrick Schoen on behalf of Habitat for Humanity 2010-2012 taxes if paid in October $2,471.42 if paid by November 14, 2013 $2,500.88 A motion was made by ALD. DONOVAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2013 COMMITTEE Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 10. 130760 Resolution authorizing the return of real estate located at 2476 W. Garfield Avenue in the 15th Aldermanic District to former owner, Zofa Smith (Application made by Milwaukee Habitat for Humanity, Inc., mortgagee). Sponsors: THE CHAIR Appearing: Karen Taylor - DCD Lynn STeffen - DNS Jim Klajbor - Treasurer Quarles & Brady - Atty. Patrick Schoen on behalf of Habitat for Humanity 2010-2012 taxes if paid in October $1,706.94 if paid by November 14, 2013 $1,723.57 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 11. 130111 Resolution relating to an appeal from Atty. Julius Andriusis on behalf of Jorge Martinez and Cristina Vera-Queveda for property damage. (12th Aldermanic District) Sponsors: THE CHAIR Appearing: Asst City Atty, Pat Fricker Atty. Julius Andriusis Claimant, Cristina Vera-Queveda Jason Blasiola - Fleet Services Based on testimony of City department, Ald. Donvan moved denial. A motion was made by ALD. DONOVAN that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2013 COMMITTEE Aye 4- Hamilton, Davis, Puente and Donovan No 0 Excused 1- Witkowski 12. 130457 Resolution relating to the claim of Tina Polk for personal injuries . (15th Aldermanic District) Sponsors: THE CHAIR Appearing: Asst City Atty. Pat Fricker DPW INfrastructure - Jeff Delleman Ms. Tina Polk - Claimant Based on city department testimony, Ald. Davis moved denial 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 13. 130532 Resolution relating to the claim of Joshua Meisenhelder for personal injuries. (11th Aldermanic District) Sponsors: THE CHAIR Asst City Attorney, Pat Fricker informed the committee that Mr. Meisenhelder had withdrew his claim, therefore Ald. Puente moved to be placed on file A motion was made by ALD. PUENTE that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 4- Hamilton, Davis, Puente and Donovan No 0 Excused 1- Witkowski 14. 130508 Resolution relating to the claim of Howard Halliburton for personal injuries. Sponsors: THE CHAIR Based on non appearance Ald. Donovan moved denial City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2013 COMMITTEE A motion was made by ALD. DONOVAN 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 15. 130482 Resolution relating to the claim of Kristine and Larry Thimmesch for personal injuries. Sponsors: THE CHAIR Based on non appearance, 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 4- Hamilton, Davis, Puente and Donovan No 0 Excused 1- Witkowski 16. 130473 Resolution relating to the claim of Atty. Jeffrey Zarzynski on behalf of Phyllis Graves for personal injuries and damages. (1st Aldermanic District) Sponsors: THE CHAIR Based on non appearance, 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 4- Hamilton, Davis, Puente and Donovan No 0 Excused 1- Witkowski 17. 130486 Resolution relating to the appeal of Stephen Dye for property damage. (8th Aldermanic District) Sponsors: THE CHAIR Appearing: Asst City Atty - Pat Fricker DPW Infrastructure - Jeff Delleman Appelant - Mr. Stephen Dye City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2013 COMMITTEE Based on the city department 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- Davis, Puente and Donovan No 1- Hamilton Excused 1- Witkowski 18. 130744 Reappointment of Robert Spindell, Jr. to the Board of Election Commissioners 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 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 19. 130761 Resolution relative to legislative bills. Sponsors: THE CHAIR Appearing: Jennifer Gonda - Director IRD Ald. Coggs - 6th Aldermanic District Richard Cohn - Retired MPS Principal Sanderal McKinney - MPS Foster Parent David Wineguard - MPS Teacher Association Robert Beker - Young Voters Stephanie Findley Milton Vaungh Ms. NSRose 318 - Authorizing the City of Milwaukee to sell eligible school facilities to eligible purchasers. Ald. Witkowski moved to hold a position to opposed Bill 318 Prevailed 5-0 SB - 261 Witness address required for valid absentee ballot . Ald. Davis moved to take a position to opposed SB 261 Prevailed 5-0 Appeared: Brand Wood - CC CC Jennifer Gonda - Director IRD Neil Albrecht - Election Commission City of Milwaukee Page 8 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2013 COMMITTEE SB 297/AB 396 Absentee voting at residential care facilities Ald. Puente moved to take a position to opposed SB 297/AB 296 Prevailed 5-0 Appearing: Kim Montgomery - IRD SB 230/SB 191 Animal believed to have been involved in fighting or being held as evidence. Ald. Puente moved to take a posiiton to support AB 230/SB 191 Prevailed 5-0 SB 252/AB 289 Authorizing a city or village to require the Department of Revenue to redetermine the value of the tax incremental base on certain tax incremental districts. Ald. Witkowski moved to take a position to watch and report Prevailed 5-0 A motion was made by ALD. WITKOWSKI that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Davis, Puente and Donovan No 0 130761 Substitute resolution relative to legislative bills. 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 Meeting adjourned at 4:28 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