JUDICIARY & LEGISLATION COMMITTEE
Regular MeetingMilwaukee, WI · April 13, 2015
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
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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
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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
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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
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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.
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JUDICIARY & LEGISLATION Meeting Minutes April 13, 2015
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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
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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
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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
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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.
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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.
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