JUDICIARY & LEGISLATION COMMITTEE
Regular MeetingMilwaukee, WI · October 26, 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 26, 2015 1:30 PM Room 301-B, City Hall
Meeting called to order at 2:54 P.M.
Present 5 - Hamilton, Witkowski, Bauman, Borkowski, Zielinski
1. 150779 Resolution authorizing the return of real estate located at 4369 N.
42nd Place in the 7th Aldermanic District to former owner Cheryl
Hobbs (Application made by Moriah Properties LLC).
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Kerry Urban -Treasurer Office
Moriah Properties LLC Atty David Harring
2011- 2014 taxes if paid by December 3, 2015
$15,872.47
A motion was made by ALD. BORKOWSKI that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 3- Hamilton, Witkowski and Borkowski
No 0
Excused 2- Bauman and Zielinski
2. 150780 Resolution authorizing the return of real estate located at 3943 N. 77th
Street in the 5th Aldermanic District to former owner Darci J. Damrau.
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Kerry Urban - Treasurer Office
Shawn
Darci
2011-2014 Taxes if paid by December 3, 2015
City of Milwaukee Page 1
JUDICIARY & LEGISLATION Meeting Minutes October 26, 2015
COMMITTEE
$13,104.09
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR ADOPTION. This motion PREVAILED by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
3. 150781 Resolution authorizing the return of real estate located at 3513-3515
W. Lloyd Street in the 15th Aldermanic District to former owner Archie
Lee Hamilton.
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Kerry Urban - Treasurer Office
Archi Lee Hamilton
2012-2014 taxes if paid by December 3, 2015
$5,772.39
OTHER PROPERTIES OWNED BY THE APPLICANT:
2474 W Hopkins St taxes paid in full
A motion was made by ALD. BORKOWSKI that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
4. 150782 Resolution authorizing the return of real estate located at 3113 W.
Clybourn Street in the 4th Aldermanic District to former owner
Charmian Graham NKA Penda.
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Kerry Urban - Treasurer Office
Charmian Graham
DNS charges for recording fees $912.60 Due by Noon on Friday, October 30
2012-2014 Taxes if paid by December 3, 2015
$6,974.77
Ald. Bauman moved to hold file to the call of the chair. In order for the applicant to
purchase property back from City.
There were no objections.
This file was held in order for the property to be set up for a sale.
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
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JUDICIARY & LEGISLATION Meeting Minutes October 26, 2015
COMMITTEE
No 0
5. 150783 Resolution authorizing the return of real estate located at 3050 S. 9th
Place in the 14th Aldermanic District to former owner Fabian E.
Benitez.
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Kerry Urban - Treasurer Office
Fabian Benitez
2012-2014 Taxes if paid by December 3, 2015
$8,581.33
A motion was made by ALD. ZIELINSKI that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 4- Hamilton, Witkowski, Borkowski and Zielinski
No 0
Excused 1- Bauman
6. 150816 Resolution authorizing the return of real estate located at 3228-3230
N. 30th Street in the 7th Aldermanic District to former owner Viola
Martin NKA Viola Wade (Application made by Karla Wade).
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Kerry Urban - Treasurer Office
Karla Wade
DNS clean up charges of $30.42 due by noon on Friday,
October 30
2012-2014 Taxes if paid by December 3, 2015
$8,667.41
APPLICANT ALSO HAS OWNERSHIP INTEREST ON
4521 N 24 STREET
taxes paid in full
A motion was made by ALD. BORKOWSKI that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
7. 150867 Resolution authorizing the return of real estate located at 8859 N.
Swan Road, Unit G in the 9th Aldermanic District to former owner
Jorge Olivo-Garcia.
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JUDICIARY & LEGISLATION Meeting Minutes October 26, 2015
COMMITTEE
Appearing:
Karen Taylor - DCD
Emily Mckeown - DNS
Kerry Urban -Treasurer Office
Jorge Olivo Garcia
Margarita Gutierrez (interpreting for Mr. Garcia)
2012-2014 Taxes if paid by December 3, 2015
$3,341.26
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR ADOPTION. This motion PREVAILED by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
8. 150427 Substitute resolution authorizing the return of real estate located at
3561 S. 61st Street in the 11th Aldermanic District to its former owner
Michael L. Gaertner.
A motion was made by ALD. BORKOWSKI 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
9. 150531 Substitute resolution authorizing the return of real estate located at
7035 W. Acacia Street in the 9th Aldermanic District to its former
owner Dontanian Green.
A motion was made by ALD. ZIELINSKI 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
10. 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.
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, Bauman, Borkowski and Zielinski
No 0
11. 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.
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JUDICIARY & LEGISLATION Meeting Minutes October 26, 2015
COMMITTEE
A motion was made by ALD. BORKOWSKI 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
12. 150675 Resolution relating to the appeal of Bernard Bondar for overpayment
of water bills. (3rd Aldermanic District)
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
13. 150569 Resolution relating to the appeal of Charles Sharman for property
damage. (3rd Aldermanic District)
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
14. 150841 Resolution relating to the appeal of Craig and Maribeth Bedford for
property damage. (5th Aldermanic District)
Appearing:
Patricia Fricker - ACA
Randy Krouse - Forestry
Ms. Maribeth Bedford - claimant
Based on the City Attorney's and Forestry department testimony, Ald. Witkwoski
moved denial of this claim.
Ald. Witkowski withdrew his motion to denied.
A motion was made by ALD. BORKOWSKI that this Resolution be AMENDED.
This motion PREVAILED by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
150841
Ald. Borkowski moved to pay this claim in the amount of $500.00
A motion was made by ALD. BORKOWSKI that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
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JUDICIARY & LEGISLATION Meeting Minutes October 26, 2015
COMMITTEE
Aye 4- Hamilton, Bauman, Borkowski and Zielinski
No 1- Witkowski
15. 150649 Resolution authorizing settlement of lawsuit, Jane Flint v. City of
Milwaukee, et al., in the amount of $52,500.
A motion was made by ALD. ZIELINSKI that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 4- Hamilton, Witkowski, Bauman and Zielinski
No 1- Borkowski
16. 150844 Resolution authorizing payment of the claim of WE Energies in the
amount of $5,432.61.
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, Bauman, Borkowski and Zielinski
No 0
17. 150805 Resolution authorizing payment of the claim of Reginald Carthen, in
the amount of $3,300.
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, Bauman, Borkowski and Zielinski
No 0
18. 150843 Resolution authorizing payment of the claim of Joshua Washington in
the amount of $9,808.50.
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, Borkowski and Zielinski
No 0
19. 150819 Resolution authorizing payment of the claim of WE Energies in the
amount of $8,665.21.
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, Borkowski and Zielinski
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JUDICIARY & LEGISLATION Meeting Minutes October 26, 2015
COMMITTEE
No 0
20. 150788 A substitute ordinance relating to the appeal procedure for certain city
fees.
This Ordinance was HELD TO CALL OF THE CHAIR
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
Appearing:
Jim Owczarski - City Clerk
Ald. Witkowski asked to be added as a co-sponsor
There were no objectiosn.
This Ordinance was RECONSIDERED
A motion was made by ALD. ZIELINSKI that this Ordinance be RECOMMENDED
FOR PASSAGE. This motion PREVAILED by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
21. 150423 Communication from the City Attorney relating to costs and
expenditures associated with litigation and claims alleging police
misconduct.
A motion was made by ALD. BORKOWSKI that this Communication be HELD
TO CALL OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
22. 150897 Resolution urging the State of Wisconsin to authorize a surcharge on
municipal forfeitures in order to recover the costs of police-worn body
cameras.
Appearing:
Ald. Witkowski - Sponsor
Adam Wickersham - LRB
Chris Ahmuty - American Civil Liberties Union
Jennifer Gond - IRD Director
A motion was made by ALD. WITKOWSKI that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 4- Witkowski, Bauman, Borkowski and Zielinski
No 1- Hamilton
23. 150561 Resolution relative to legislative bills.
City of Milwaukee Page 7
JUDICIARY & LEGISLATION Meeting Minutes October 26, 2015
COMMITTEE
Appearing:
Kim Montgomery - IRD
Paulina De Haan - IRD
Jennifer Gonda - IRD Director
Ald. Zielinski moved committee take a position to OPPOSE:
There were no objections
--- AB-349/SB-263 Relating to: applying financial accountability provisions that
currently apply to certain tax incremental districts to all tax incremental districts
created by a city or village.
IRD recommendation is for committee to OPPOSED this AB-340/SB-248
Ald. Zielinski moved that this committee DOES NOT take a position at this time
-- AB-340/SB-248 Relating to: strip searches of certain detained persons.
Ald. Witkowski moved committee take a position to SUPPORT contingent upon the
police department's recommendations are included
Ald. Borkowski and Zielinski voted no
--- AB-378/SB-280 Relating to: the age at which a person who is alleged to have
violated a criminal law, a civil law, or a municipal ordinance and who has not been
charged with certain violent offenses, and has not, after previously being convicted of
a crime or adjudicated delinquent, been charged with a crime or alleged in a
complaint or citation to have violated a civil law or municipal ordinance, is subject to
juvenile court jurisdiction.
This Resolution was SUBSTITUTED
Aye 5- Hamilton, Witkowski, Bauman, Borkowski and Zielinski
No 0
150561 Substitute resolution relating to legislative bills.
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, Bauman, Borkowski and Zielinski
No 0
The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M.
on Monday, October 26, 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 committee go into closed session.
Roll call
Ald. Bauman
Ald. Borkowski
Ald. Witkowski
City of Milwaukee Page 8
JUDICIARY & LEGISLATION Meeting Minutes October 26, 2015
COMMITTEE
Ald. Hamilton
Deputy City Attorney, Miriam Horwitz
Adam Stephens
Vincent Moschella
Allison Flannigan
Steve Miner - Assessor's office
Peter Bronek - Assesor's Office
Jackie Carter -nBudget Office
Deputy Inspector Michael Brunson - MPD
Jason Shunk - License Division
Ald. Kovac
Meeting adjourned at 5:13 P.M.
This meeting will be webcast live at www.milwaukee.gov/channel25.
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
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 26, 2015 1:30 PM Room 301-B, City Hall
1. 150779 Substitute resolution authorizing the return of real estate located at 4369
N. 42nd Place in the 7th Aldermanic District to its former owner Cheryl
Hobbs (application made by Moriah Properties LLC).
Sponsors: THE CHAIR
2. 150780 Substitute resolution authorizing the return of real estate located at 3943
N. 77th Street in the 5th Aldermanic District to its former owner Darci J.
Damrau.
Sponsors: THE CHAIR
3. 150781 Substitute resolution authorizing the return of real estate located at
3513-3515 W. Lloyd Street in the 15th Aldermanic District to its former
owner Archie L. Hamilton.
Sponsors: THE CHAIR
4. 150782 Substitute resolution authorizing the return of real estate located at 3113
W. Clybourn Street in the 4th Aldermanic District to its former owner
Charmian Graham NKA Penda.
Sponsors: THE CHAIR
5. 150783 Substitute resolution authorizing the return of real estate located at 3050
S. 9th Place in the 14th Aldermanic District to its former owner Fabian
E. Benitez.
Sponsors: THE CHAIR
6. 150816 Substitute resolution authorizing the return of real estate located at
3228-3230 N. 30th Street in the 7th Aldermanic District to its former
owner Viola Martin NKA Viola Wade (application made by Karla Wade).
Sponsors: THE CHAIR
7. 150867 Substitute resolution authorizing the return of real estate located at 8859
N. Swan Road, Unit G in the 9th Aldermanic District to its former owner
Jorge Olivo-Garcia.
Sponsors: THE CHAIR
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JUDICIARY & LEGISLATION Meeting Agenda October 26, 2015
COMMITTEE
8. 150427 Substitute resolution authorizing the return of real estate located at 3561
S. 61st Street in the 11th Aldermanic District to its former owner Michael
L. Gaertner.
Sponsors: THE CHAIR
--- May be placed on file as no longer necessary.
9. 150531 Substitute resolution authorizing the return of real estate located at 7035
W. Acacia Street in the 9th Aldermanic District to its former owner
Dontanian Green.
Sponsors: THE CHAIR
--- May be placed on file as no longer necessary.
10. 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
--- May be placed on file as no longer necessary.
11. 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
--- May be placed on file as no longer necessary.
12. 150675 Resolution relating to the appeal of Bernard Bondar for overpayment of
water bills. (3rd Aldermanic District)
Sponsors: THE CHAIR
13. 150569 Resolution relating to the appeal of Charles Sharman for property
damage. (3rd Aldermanic District)
Sponsors: THE CHAIR
---$3,129.00
14. 150841 Resolution relating to the appeal of Craig and Maribeth Bedford for
property damage. (5th Aldermanic District)
Sponsors: THE CHAIR
---$3,338.49
15. 150649 Resolution authorizing settlement of lawsuit, Jane Flint v. City of
Milwaukee, et al., in the amount of $52,500.
Sponsors: THE CHAIR
16. 150844 Resolution authorizing payment of the claim of WE Energies in the
amount of $5,432.61.
Sponsors: THE CHAIR
17. 150805 Resolution authorizing payment of the claim of Reginald Carthen, in the
amount of $3,300.
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JUDICIARY & LEGISLATION Meeting Agenda October 26, 2015
COMMITTEE
Sponsors: THE CHAIR
18. 150843 Resolution authorizing payment of the claim of Joshua Washington in
the amount of $9,808.50.
Sponsors: THE CHAIR
19. 150819 Resolution authorizing payment of the claim of WE Energies in the
amount of $8,665.21.
Sponsors: THE CHAIR
20. 150788 A substitute ordinance relating to the appeal procedure for certain city
fees.
Sponsors: Ald. Hamilton
21. 150423 Communication from the City Attorney relating to costs and
expenditures associated with litigation and claims alleging police
misconduct.
Sponsors: THE CHAIR
22. 150897 Resolution urging the State of Wisconsin to authorize a surcharge on
municipal forfeitures in order to recover the costs of police-worn body
cameras.
Sponsors: Ald. Witkowski
23. 150561 Resolution relative to legislative bills.
Sponsors: THE CHAIR
--- AB-349/SB-263 Relating to: applying financial accountability provisions that currently
apply to certain tax incremental districts to all tax incremental districts created by a city
or village.
--- AB-340/SB-248 Relating to: strip searches of certain detained persons.
--- AB-378/SB-280 Relating to: the age at which a person who is alleged to have
violated a criminal law, a civil law, or a municipal ordinance and who has not been
charged with certain violent offenses, and has not, after previously being convicted of a
crime or adjudicated delinquent, been charged with a crime or alleged in a complaint or
citation to have violated a civil law or municipal ordinance, is subject to juvenile court
jurisdiction.
The Judiciary and Legislation Committee may convene into closed session at 1:30 P.M. on
Monday, October 26, 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.
City of Milwaukee Page 3 Printed on 10/26/2015
JUDICIARY & LEGISLATION Meeting Agenda October 26, 2015
COMMITTEE
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 4 Printed on 10/26/2015