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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · October 26, 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. 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 City of Milwaukee Page 2 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. City of Milwaukee Page 3 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. City of Milwaukee Page 4 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: City of Milwaukee Page 5 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 City of Milwaukee Page 6 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 City of Milwaukee Page 1 Printed on 10/26/2015 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. City of Milwaukee Page 2 Printed on 10/26/2015 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
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