JUDICIARY & LEGISLATION COMMITTEE
Regular MeetingMilwaukee, WI · October 5, 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. Mark Borkowski, 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, October 5, 2015 1:30 PM Room 301-B, City Hall
Meeting convened at 1:36 P.M.
Present 4 - Hamilton, Witkowski, Bauman, Borkowski
Excused 1 - Zielinski
1. 150418 Resolution relative to legislative bills.
Sponsors: THE CHAIR
Appearing:
Jennifer Gonda - IRD
Kimberly Montgomery - IRD
Karen Sparapani - Director of Milwaukee Area Animal Control Commission
(MADACC)
SB-203 Relating to: changing the assessment method for business improvement
districts.
Ald. Witkowski moved for this committee to oppose this bill.
There were no objections.
SB-241 Relating to: the possession of certain wild animals and providing a penalty.
Ald. Borkowski moved for the committee to support this bill with suggested changes
offered by DNS and MPD.
There were no objections.
A motion was made by ALD. BORKOWSKI that this Resolution be
SUBSTITUTED. This motion PREVAILED by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
150418 Substitute resolution relating to legislative bills.
Sponsors: THE CHAIR
A motion was made by ALD. BORKOWSKI that this Resolution be
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JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015
COMMITTEE
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 4- Hamilton, Witkowski, Bauman and Borkowski
No 0
Excused 1- Zielinski
2. 150691 Resolution relating to the appeal of Chai Kao Xiong for property
damage. (2nd Aldermanic District)
Sponsors: THE CHAIR
Appearing:
Jan Smokowicz - ACA
Nancy Alvarado - Sewer Maintenance
Daughter of Mr. Kao Xiong, Nina Xiong
Mr. Chai Kao Xiong
Based on City department's testimony, Ald. Bauman moved denial of this claim.
There were no objections.
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED
by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
3. 150569 Resolution relating to the appeal of Charles Sharman for property
damage. (3rd Aldermanic District)
Sponsors: THE CHAIR
Appearing:
Jeff Delleman - DPW
A motion was made by ALD. ZIELINSKI that this Resolution be HELD TO CALL
OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
4. 150517 Resolution relating to the appeal of Maria Garcia for property damage.
(8th Aldermanic District)
Sponsors: THE CHAIR
Appearing:
Jeff Delleman - DPW
Marcia Garcia -
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED
by the following vote:
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JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015
COMMITTEE
Aye 4- Hamilton, Witkowski, Bauman and Borkowski
No 0
Excused 1- Zielinski
5. 150492 Resolution relating to the appeal of Zimile Azizi for property damage.
(13th Aldermanic District)
Sponsors: THE CHAIR
Appearing:
Jeff Delleman - DPW
Zimili Azizi
Based on city department's Ald. moved denial of this claim.
There were no objections.
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED
by the following vote:
Aye 4- Hamilton, Witkowski, Bauman and Borkowski
No 0
Excused 1- Zielinski
6. 150658 Resolution authorizing the return of real estate located at 1818-1820
N. 30th Street in the 15th Aldermanic District to former owner Jonnie
Mae LLC.
Sponsors: THE CHAIR
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Jim Klajbor - Treasurer Office
Johnnie Mae LLC - Mr. James Bentley, however, no longer an LLC
DCD does object since LLC is disolved.
DNS charges
Reinspection fees of $8,719.00
Fire inspection fees of $131.82
TOTAL DNS charges $8,850.82 Due on October 12, 2015 by noon.
2011-2014 taxes if paid by October, $12,868.69
If paid by November 12, 2015 $12,998.32
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR PLACING ON FILE. This motion PREVAILED by the following vote:
Aye 4- Hamilton, Witkowski, Bauman and Borkowski
No 0
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JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015
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Excused 1- Zielinski
7. 150657 Resolution authorizing the return of real estate located at 1036-1038
W. Wright Street in the 15th Aldermanic District to former owners
George L. Noble and Nora Conway.
Sponsors: THE CHAIR
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Jim Klajbor - Treasurer Office
Mr. Noble & Ms. Conway
DNS charges
Reisnpection fees $60.84
Fire inspection fees $65.91
Litter clean-up $30.42
TOTAL DNS CHARGES 157.17 Due on October 12, 2015 by noon.
2008-2014 taxes
if paid by October 37,460.27
If paid by November 12, 2015 $37,789.59
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 Borkowski
No 0
Excused 1- Zielinski
8. 150699 Resolution authorizing the return of real estate located at 2060 S.
Muskego Avenue in the 8TH Aldermanic District to former owner Lina
Koch.
Sponsors: THE CHAIR
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Jim Klajbor Treasurer Office
Lina Koch
2012-2014 Taxes
if paid by October $16,712.18
If paid by Novemeber 12, 2015 $16,899.11
A motion was made by ALD. BAUMAN that this Resolution be HELD TO CALL
OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 4- Hamilton, Witkowski, Bauman and Borkowski
No 0
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JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015
COMMITTEE
Excused 1- Zielinski
9. 150692 Resolution authorizing the return of real estate located at 5877 N. 80th
Street in the 2nd Aldermanic District to former owners Rodney & Jean
Fischer.
Sponsors: THE CHAIR
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Jim Klajbor - Treasurer Office
Rodney Fischer
2013-2014 Taxes
if paid in October $5,480.84
If paid by November 12, 2015 $5,549.13
applicant also has ownership interest on
7916 N Florist delinquent taxes $13,164.32
Chair asked to follow through with payment plan with Treasurer's office by October
12, 2015
Ald.Bauman explained to Mr. Fischer that city can remove vacation, exchange to sell
property to Mr. Fischer
A motion was made by ALD. BAUMAN that this Resolution be HELD TO CALL
OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
10. 150682 Resolution authorizing the return of real estate located at 1201-1207
W. Juneau Avenue in the 4th Aldermanic District to former owner
Kathryn Renee Hutchins (Application made by Anton Lavender).
Sponsors: THE CHAIR
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Jim Klajbor - Treasurer Office
Kathryn Renee Hutchins & Anton Lavender
Atty. William Judge
The Department of City Development (DCD) reports that the tax foreclosed prperty is
not suitable for use by a public agency or community based organization.
The property is in the Near West Side Planning Area but is not needed to implement
the plan. However,, DCD objects to returning the property to the representative for
the former owner: the property is not fit for human habitation. The property consists
of a duplex and a single family structure. The occupied singel family portion of the
parcel is full of personal items and requires many repairs. The rehab estimate for the
duplex is $121,034.00 and for the single family is $63,578.00, the total cost to rehab
all structure on the parcel is $184,613.00 and the total assessed value for the parcel
is $42,400.00
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JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015
COMMITTEE
The single family structure was occupied at the time the City foreclosed action. The
occupants were given notice to vacate the property by September 30, 2015 due to
building conditions. Administrative costs incurred by DCD total $867.77
DNS charges
reinspection fees $3,549.00
vacant building fees of $2,332.20
TOTAL DNS charges $5,881.20 due by noon October 12, 2015
2013-2014 Taxes
If paid by October $18,970.54
If paid by November 12, 2015 $19,204.40
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR PLACING ON FILE. This motion PREVAILED by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
11. 150684 Resolution authorizing the return of real estate located at 3751 N. 21st
Street in the 6th Aldermanic District to former owner Bobbie Lee Kidd
(Application made by Renee Hughes, Power of Attorney).
Sponsors: THE CHAIR
Appearing:
Karen Tyalor - DCD
Emily Mckeown - DNS
Jim Klajbor - Treasurer Office
Bobbie Lee Kidd
TW
2011-2014 Taxes if paid by October $7,527.61
If paid by November 12, 2015 $7,613.00
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 Borkowski
No 0
Excused 1- Zielinski
12. 150683 Resolution authorizing the return of real estate located at 3757 N. 21st
Street in the 6th Aldermanic District to former owner Bobbie Lee Kidd
(Application made by Renee Hughes, Power of Attorney).
Sponsors: THE CHAIR
Appearing:
Karen Tyalor - DCD
Emily Mckeown - DNS
Jim Klajbor - Treasurer Office
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JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015
COMMITTEE
2011-2014 Taxes if paid by October $7,072.44
If paid by November 12, 2015 $7,144.33
A motion was made by ALD. BORKOWSKI that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
13. 150745 Resolution authorizing settlement of the lawsuit entitled Edward Earl
Wright v. Michael Vagnini, et al., for the total amount of $35,000.
Sponsors: THE CHAIR
Appearing:
Sue Lappen - ACA
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 Bauman
No 1- Borkowski
Excused 1- Zielinski
14. 150468 Communication from the Assessor’s Office relating to circumstances
surrounding the appeal of John Van Lieshout regarding the tax
assessment for his property at BreakWater Condominiums, 1313 N.
Franklin Place.
Sponsors: Ald. Bauman
Appearing:
Mr. John Van Lieshout
Peter Bronek - Assessor's office
Ald. Bauman - Sponsor
A motion was made by ALD. BAUMAN that this Communication be
RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the
following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
15. 150277 Communication from the Municipal Court relating to its pattern and
practice of imposing forfeitures and other penalties.
Sponsors: Ald. Kovac
Appearing:
Ald. Kovac - Sponsor
Judge Mosley
Sheldyn Himle - Muni Court Administration
former Judge James Grimley
A motion was made by ALD. WITKOWSKI that this Communication be HELD
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JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015
COMMITTEE
TO CALL OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 4- Hamilton, Witkowski, Bauman and Borkowski
No 0
Excused 1- Zielinski
16. 150764 Resolution amending Common Council File Number 111628, a
resolution directing the Division of Intergovernmental
Relations-Department of Administration to seek uniform statewide
solid waste regulatory reform for dealing in discarded, salvageable and
recyclable materials.
Sponsors: Ald. Murphy
Appearing:
Andrew VanNatta - LRB
Paulina De Haan - IRD
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 Borkowski
No 0
Excused 1- Zielinski
The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M.
on Monday, October 5, 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. Bauman moved the Judiciary and Legislation Committee may 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 invoolved and then will go into open session for
the regular agenda.
Roll call:
Ald. Bauman
Ald. Borkowski
Ald. Witkowski
Ald. Hamilton
City Attorney's office representatives:
Jan Smokowicz
Miriam Horwitz
Sue Lappen
Clifton Crump -Mayor's Office
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JUDICIARY & LEGISLATION Meeting Minutes October 5, 2015
COMMITTEE
Dennis Yacarrino - Budget Office
Inspector Carianne Yerkes - MPD
Ald. Kovac
Ald. Witkowski moved committee returns to open session.
There were no objections.
Meting adjourned at
5:31 P.M. Joanna Polanco
Staff Assistant
This meeting will be webcast live at www.milwaukee.gov/channel25.
City of Milwaukee Page 9
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. Mark Borkowski, 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, October 5, 2015 1:30 PM Room 301-B, City Hall
1. 150418 Resolution relative to legislative bills.
Sponsors: THE CHAIR
--- SB-203 Relating to: changing the assessment method for business improvement
districts.
--- SB-241 Relating to: the possession of certain wild animals and providing a penalty.
2. 150691 Resolution relating to the appeal of Chai Kao Xiong for property
damage. (2nd Aldermanic District)
Sponsors: THE CHAIR
---$353.23
3. 150569 Resolution relating to the appeal of Charles Sharman for property
damage. (3rd Aldermanic District)
Sponsors: THE CHAIR
---$3,129.00
4. 150517 Resolution relating to the appeal of Maria Garcia for property damage.
(8th Aldermanic District)
Sponsors: THE CHAIR
5. 150492 Resolution relating to the appeal of Zimile Azizi for property damage.
(13th Aldermanic District)
Sponsors: THE CHAIR
6. 150658 Substitute resolution authorizing the return of real estate located at
1818-1820 N. 30th Street in the 15th Aldermanic District to its former
owner Johnnie Mae LLC.
Sponsors: THE CHAIR
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JUDICIARY & LEGISLATION Meeting Agenda October 5, 2015
COMMITTEE
7. 150657 Substitute resolution authorizing the return of real estate located at
1036-1038 W. Wright Street in the 15th Aldermanic District to its former
owner George L. Noble and Nora Conway.
Sponsors: THE CHAIR
8. 150699 Substitute resolution authorizing the return of real estate located at 2060
S. Muskego Avenue in the 8th Aldermanic District to its former owner
Lina Koch.
Sponsors: THE CHAIR
9. 150692 Substitute resolution authorizing the return of real estate located at 5877
N. 80th Street in the 2nd Aldermanic District to its former owner Rodney
& Jean Fischer.
Sponsors: THE CHAIR
10. 150682 Substitute resolution authorizing the return of real estate located at
1201-1207 W. Juneau Avenue in the 4th Aldermanic District to its
former owner Kathryn Renee Hutchins (application made by Anton
Lavender).
Sponsors: THE CHAIR
11. 150684 Substitute resolution authorizing the return of real estate located at 3751
N. 21st Street in the 6th Aldermanic District to its former owner Bobbie
Lee Kidd (application made by Renee Hughes, Power of Attorney).
Sponsors: THE CHAIR
12. 150683 Substitute resolution authorizing the return of real estate located at 3757
N. 21st Street in the 6th Aldermanic District to its former owner Bobbie
Lee Kidd (application made by Renee Hughes, Power of Attorney).
Sponsors: THE CHAIR
13. 150745 Resolution authorizing settlement of the lawsuit entitled Edward Earl
Wright v. Michael Vagnini, et al., for the total amount of $35,000.
Sponsors: THE CHAIR
14. 150468 Communication from the Assessor’s Office relating to circumstances
surrounding the appeal of John Van Lieshout regarding the tax
assessment for his property at BreakWater Condominiums, 1313 N.
Franklin Place.
Sponsors: Ald. Bauman
15. 150277 Communication from the Municipal Court relating to its pattern and
practice of imposing forfeitures and other penalties.
Sponsors: Ald. Kovac
City of Milwaukee Page 2 Printed on 10/2/2015
JUDICIARY & LEGISLATION Meeting Agenda October 5, 2015
COMMITTEE
16. 150764 Resolution amending Common Council File Number 111628, a
resolution directing the Division of Intergovernmental
Relations-Department of Administration to seek uniform statewide solid
waste regulatory reform for dealing in discarded, salvageable and
recyclable materials.
Sponsors: Ald. Murphy
The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M. on
Monday, October 5, 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.
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 10/2/2015