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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · April 13, 2015

AgendaMinutes

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. Robert J. Bauman, Ald. Milele A. Coggs, and Ald. T. Anthony Zielinski Staff Assistant, Joanna Polanco, 286-2366 Fax: 286-3456, jpolan@milwaukee.gov Legislative Liaison, La-Wanda Fletcher, 286-8661, lfletc@milwaukee.gov Monday, April 13, 2015 1:30 PM Room 301-B, City Hall Meeting called to order at 1:35 P.M. Present 5 - Hamilton, Witkowski, Bauman, Coggs, Zielinski 1. 141654 Substitute resolution authorizing the return of real estate located at 2718-2720 N. Richards Street, in the 6th Aldermanic District to its former owner, Emmit Groce & Carmelita Groce. Sponsors: THE CHAIR Appearing: Karen Tyalor - DCD Emily Mckeown - DNS Kerry Urban - Tresurer Litter cleanup fees $441.09 Due April 20, 2015 by noon or item will be return back to committee. 2011-2014 taxes If paid by April $7,001.75 If paid by May 21, 2015 $7,078.66 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, Bauman and Zielinski No 0 Excused 1- Coggs City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes April 13, 2015 COMMITTEE A motion was made by ALD. BAUMAN that this Resolution be RECONSIDERED. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Coggs and Zielinski No 0 A motion was made by ALD. COGGS that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Coggs and Zielinski No 0 2. 141828 Resolution relating to the appeal of Willard E. Donlow, Sr. for property damage. (9th Aldermanic District) Sponsors: THE CHAIR Appearing: Patricia Fricker - Asst City Atty. Based on non appearance, Ald. Witkowski moved denial of this claim. There were no objections. 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, Bauman and Zielinski No 0 Excused 1- Coggs Roll call taken at 1:50 P.M. Ald. Coggs arrived Present 5 - Hamilton, Witkowski, Bauman, Coggs, Zielinski 3. 141722 Resolution relating to the claim of Charlie Cartwright, agent for State Farm Insurance, on behalf of Charles Iwen for property damage. (11th Aldermanic District) Sponsors: THE CHAIR Appearing: Patricia Fricker - Asst City Atty. Mr. Gary Guendert - State Farm agent for Mr. Iwen (not representing State Farm) Mr. Charles Iwen - claimant Nancy Alvarado - Sewer Based on the testimonies of city departments, Ald. Witkowski moved denial. There were objections. A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes April 13, 2015 COMMITTEE motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Zielinski No 0 Abstain 1- Coggs 4. 141811 Resolution relating to the claim of Atty. Mitchell Barrock on behalf of Gloria McGinnis for personal injuries. Sponsors: THE CHAIR Appearing: Patricia Fricker - Asst City Atty. Based on non apperance Ald. Witkowski moved denial of this claim. There were no objections. 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, Bauman, Coggs and Zielinski No 0 5. 141772 Resolution relating to the appeal of Atty. Michael Maistelman on behalf of Ryan Antczak for property damage. (6th Aldermanic District) Sponsors: THE CHAIR Appearing: Patricia Fricker - Asst City Atty. A motion was made by ALD. COGGS that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Coggs and Zielinski No 0 6. 141808 Resolution relating to the appeal of Kayla Yang, agent for American Family Insurance on behalf of Michael and Maria Fantazzi for property damage and personal injuries. Sponsors: THE CHAIR Appearing: Patricia Fricker - Asst City Atty. Based on non apperance Ald. Witkowski moved denial of this claim. There were no objections. A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes April 13, 2015 COMMITTEE motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Coggs and Zielinski No 0 7. 141710 Resolution relating to the appeal of Atty. Andrew Arena on behalf of Victoria Mulandi for property damage and personal injuries. (10th Aldermanic District) Sponsors: THE CHAIR Appearing: Patricia Fricker - Asst City Atty. Atty. Adrew Arena - representing victoria Mulandi Chuck Schumacher - DPW Administration Based on department's testimony, Ald Witkowski moved denial of this claim. 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, Bauman, Coggs and Zielinski No 0 8. 141822 Resolution relating to the claim of Atty. Grotefeld Hoffman on behalf of Cincinnati Insurance Compay for the Prince Hall Masonic Board for property damage. (15th Aldermanic District) Sponsors: THE CHAIR Appearing: Patricia Fricker - Asst City Atty. Based on non apperance Ald. Witkowski moved denial of this claim. There were no objections. 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, Bauman, Coggs and Zielinski No 0 9. 141809 Communication relating to retention of outside counsel to provide services and representation in a matter before the fire and police commission. Sponsors: THE CHAIR Appearing: Richard Withers - City Atty Office City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes April 13, 2015 COMMITTEE A motion was made by ALD. WITKOWSKI that this Communication be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Coggs and Zielinski No 0 10. 141883 Resolution approving an intergovernmental cooperation agreement between the City of Milwaukee and Milwaukee County relating to the purchase of voting equipment. Sponsors: Ald. Hamilton Appearing: Neil Albrecht - Election Commission Director A motion was made by ALD. ZIELINSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Hamilton, Witkowski, Bauman, Coggs and Zielinski No 0 11. 141812 Resolution relative to legislative bills. Sponsors: THE CHAIR Appearing: Kim Montgomery - IRD Angie Hagy - MHD Dr. Geof Swain - MHD Brenda Wood - CC CC Jim Owczarski - City Clerk Jennifer Gonda - IRD Ald. Coggs moved the committee takes a position to support: --- AB-37/SB-34 Requiring certain persons to hold certificates of food protection practices to operate school lunchrooms participating in the National School Lunch program. Ald. Coggs moved the committee takes a position to opposed: --- AB-94/SB-46 Causing harm to a child by co-sleeping while intoxicated, providing information about safe sleep, and providing a penalty. City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes April 13, 2015 COMMITTEE Ald. Bauman moved the committee takes a position to opposed this bill unless the bill exempts cities of the first class: --- AB-143/SB-106 Regulation of transportation network companies, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. Ald. Witkowksi supports the bill as it written, objecting Ald. Bauman's motion A motion was made by ALD. COGGS that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Coggs No 0 Excused 1- Zielinski 141812 Substitute resolution relative to various legislative bills. Sponsors: THE CHAIR A motion was made by ALD. COGGS that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Coggs No 0 Excused 1- Zielinski 12. 141590 Resolution relating to the appeal of Atty. Michael Maistelman on behalf of Ryan Antczak for property damage. (15th Aldermanic District) Sponsors: THE CHAIR Appearing: A motion was made by ALD. WITKOWSKI that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Coggs No 0 Excused 1- Zielinski The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M. on Monday, April 13, 2015 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, Wisconsin, pursuant to s. 19.85(1)(g), Wis. Stats., for the purpose of City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes April 13, 2015 COMMITTEE 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. Hamilton Ald. Witkwoski Ald. Coggs Ald. Bauman Jan Smokowicz - Asst CIty Atty Miriam Horwitz - Deputy City Atty Danielle Bergner - Deputy City Atty Adam Wickersham - LRB Clifton Crump - Mayor's Office Ald. Kovac 13. 141903 Sponsors: THE CHAIR A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Coggs No 0 Excused 1- Zielinski 14. 141840 Resolution authorizing payment of the claim of Kevin Bolyard, in the amount of $25,000. Sponsors: THE CHAIR A motion was made by ALD. COGGS that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Hamilton, Witkowski, Bauman and Coggs No 0 Excused 1- Zielinski 15. 141889 Resolution authorizing settlement of claims in the lawsuit entitled Chaunte Ott v. City of Milwaukee, et al., for the total amount of $6,500,000. 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, Bauman and Coggs No 0 City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes April 13, 2015 COMMITTEE Excused 1- Zielinski Meeting adjourned at 3:29 P.M. Joanna Polanco Staff Assistant City of Milwaukee Page 8

Agenda

City Hall City of Milwaukee 200 East Wells Street Milwaukee, Wi 53202 Meeting Agenda JUDICIARY & LEGISLATION COMMITTEE ALD. ASHANTI HAMILTON, CHAIR Ald. Terry Witkowski, Vice-Chair Ald. Robert J. Bauman, Ald. Milele A. Coggs, and Ald. T. Anthony Zielinski Staff Assistant, Joanna Polanco, 286-2366 Fax: 286-3456, jpolan@milwaukee.gov Legislative Liaison, La-Wanda Fletcher, 286-8661, lfletc@milwaukee.gov Monday, April 13, 2015 1:30 PM Room 301-B, City Hall 1. 141654 Substitute resolution authorizing the return of real estate located at 2718-2720 N. Richards Street, in the 6th Aldermanic District to its former owner, Emmit Groce & Carmelita Groce. Sponsors: THE CHAIR 2. 141828 Resolution relating to the appeal of Willard E. Donlow, Sr. for property damage. (9th Aldermanic District) Sponsors: THE CHAIR 3. 141722 Resolution relating to the claim of Charlie Cartwright, agent for State Farm Insurance, on behalf of Charles Iwen for property damage. (11th Aldermanic District) Sponsors: THE CHAIR ---$6,250.00 4. 141811 Resolution relating to the claim of Atty. Mitchell Barrock on behalf of Gloria McGinnis for personal injuries. Sponsors: THE CHAIR ---$500,000.00 5. 141772 Resolution relating to the appeal of Atty. Michael Maistelman on behalf of Ryan Antczak for property damage. (6th Aldermanic District) Sponsors: THE CHAIR 6. 141808 Resolution relating to the appeal of Kayla Yang, agent for American Family Insurance on behalf of Michael and Maria Fantazzi for property damage and personal injuries. Sponsors: THE CHAIR City of Milwaukee Page 1 Printed on 4/9/2015 JUDICIARY & LEGISLATION Meeting Agenda April 13, 2015 COMMITTEE 7. 141710 Resolution relating to the appeal of Atty. Andrew Arena on behalf of Victoria Mulandi for property damage and personal injuries. (10th Aldermanic District) Sponsors: THE CHAIR 8. 141822 Resolution relating to the claim of Atty. Grotefeld Hoffman on behalf of Cincinnati Insurance Compay for the Prince Hall Masonic Board for property damage. (15th Aldermanic District) Sponsors: THE CHAIR 9. 141809 Communication relating to retention of outside counsel to provide services and representation in a matter before the fire and police commission. Sponsors: THE CHAIR 10. 141883 Resolution approving an intergovernmental cooperation agreement between the City of Milwaukee and Milwaukee County relating to the purchase of voting equipment. Sponsors: Ald. Hamilton 11. 141812 Resolution relative to legislative bills. Sponsors: THE CHAIR --- AB-37/SB-34 Requiring certain persons to hold certificates of food protection practices to operate school lunchrooms participating in the National School Lunch program. --- AB-94/SB-46 Causing harm to a child by co-sleeping while intoxicated, providing information about safe sleep, and providing a penalty. --- AB-143/SB-106 Regulation of transportation network companies, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty. 12. 141590 Resolution relating to the appeal of Atty. Michael Maistelman on behalf of Ryan Antczak for property damage. (15th Aldermanic District) Sponsors: THE CHAIR --- May be placed on file as no longer necessary. The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M. on Monday, April 13, 2015 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. City of Milwaukee Page 2 Printed on 4/9/2015 JUDICIARY & LEGISLATION Meeting Agenda April 13, 2015 COMMITTEE 13. 141903 Resolution authorizing supplemental settlement agreement relating to Yankee Hill Housing Partners, Ltd. v. City of Milwaukee, Case No. 13-CV-000759. Sponsors: THE CHAIR 14. 141840 Resolution authorizing payment of the claim of Kevin Bolyard, in the amount of $25,000. Sponsors: THE CHAIR 15. 141889 Resolution authorizing settlement of claims in the lawsuit entitled Chaunte Ott v. City of Milwaukee, et al., for the total amount of $6,500,000. Sponsors: THE CHAIR This meeting will be webcast live at www.milwaukee.gov/channel25. Common Council members who are not members of this committee may attend this meeting to participate or to gather information. This meeting may constitute a meeting of the Common Council or any of its standing committees although no formal action will be taken at this meeting. Upon reasonable notice, efforts will be made to accommodate the needs of persons with disabilities through sign language interpreters or auxiliary aids. For assistance contact the Legislative Services ADA Coordinator at 286-2998, (FAX)286-3456, (TDD)286-2025 or by writing to Room 205, City Hall, 200 E. Wells Street, Milwaukee, WI 53202. Parking for persons attending City Hall meetings is available at reduced rates (5 hour limit) at the Milwaukee Center (southwest corner of E. Kilbourn Ave. and N. Water St.) Parking tickets must be validated in the first floor Information Booth in City Hall. Persons engaged in lobbying as defined in s. 305-43-4 of the Milwaukee Code are required to register with the City Clerk's License Division. Lobbyists appearing before a Common Council committee are required to identify themselves as such. More information is available at http://city.milwaukee.gov/Lobbying. City of Milwaukee Page 3 Printed on 4/9/2015
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