JUDICIARY & LEGISLATION COMMITTEE
Regular MeetingMilwaukee, WI · July 24, 2017
Minutes
City Hall
City of Milwaukee 200 East Wells Street
Milwaukee, Wi 53202
Meeting Minutes
JUDICIARY & LEGISLATION COMMITTEE
ALD. MICHAEL J. MURPHY, CHAIR
Ald. Cavalier Johnson, Vice-Chair
Ald. Robert J. Bauman, Ald. Mark A. Borkowski, and Jose G.
Perez
Staff Assistant, Joanna Polanco, 286-2366
Fax: 286-3456, jpolan@milwaukee.gov
Legislative Liaison, Jeffrey Osterman, 286-2262,
joster@milwaukee.gov
Monday, July 24, 2017 9:00 AM Room 301-B, City Hall
AMENDED 7/20/17
File Number 170589 has been added.
Meeting convened at 9:05 AM
Present 5 - Murphy, Johnson, Bauman, Borkowski, Perez
1. 170522 Reappointment of Vincent Bobot to the Administrative Review Appeals
Board by the City Attorney.
Sponsors: THE CHAIR
A motion was made by ALD. PEREZ that this Appointment be RECOMMENDED
FOR CONFIRMATION. This motion PREVAILED by the following vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
2. 170474 Resolution relating to the appeal of Victor and Judith Sumbry for
property damage. (1st Aldermanic District)
Sponsors: THE CHAIR
Karen Taylor - Dept. of City Development
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- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
3. 170465 Resolution relating to the appeal of Timothy Kinney for property
damage.
Sponsors: THE CHAIR
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JUDICIARY & LEGISLATION Meeting Minutes July 24, 2017
COMMITTEE
Schedule in October at the request of the claimant.
A motion was made by ALD. PEREZ that this Resolution be HELD TO CALL OF
THE CHAIR. This motion PREVAILED by the following vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
4. 170495 Resolution relating to the appeal of Brenda Harris for property
damage. (10th Aldermanic District)
Sponsors: THE CHAIR
A motion was made by ALD. BORKOWSKI that this Resolution be
RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This
motion PREVAILED by the following vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
5. 170383 Resolution relating to the appeal of Eric Mandel Johnson for property
damage. (9th Aldermanic District)
Sponsors: THE CHAIR
Ald. Bauman moves to settle for $750. Prevailed. 4-1
A motion was made by ALD. BAUMAN that this Resolution be SUBSTITUTED.
This motion PREVAILED by the following vote:
Aye 4- Johnson, Bauman, Borkowski and Perez
No 1- Murphy
170383 Substitute resolution relating to the appeal of Eric Mandel Johnson for
property damage. (9th Aldermanic District)
Sponsors: THE CHAIR
This Resolution was RECOMMENDED FOR ADOPTION
Aye 4- Johnson, Bauman, Borkowski and Perez
No 1- Murphy
6. 170469 Resolution authorizing the return of real estate located at 2001 W.
Capitol Drive, in the 6th Aldermanic District, to former owner Courier
Communications.
Sponsors: THE CHAIR
Appearing:
Karen Taylor - DNS
Emily Mckeown - DCD
Jim Klajbor - Deputy City Treasurer
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JUDICIARY & LEGISLATION Meeting Minutes July 24, 2017
COMMITTEE
Ald. Croggs present on this issue - she supports the return of this property.
Resinpection fees due prior to council 7/30/17 in the amount $202.80
2014-2016 taxes if paid by August 5, 2017 $40,821.90
if paid by August 30, 2017 $41,285.40
Applicant also has interest at
3042 W Lloyd $43,365.66 payment arragement for this property has been set up.
A motion was made by ALD. JOHNSON that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
7. 170518 Communication from the Comptroller’s office relating to the
Outstanding Receivables Report.
Sponsors: THE CHAIR
Melissa Fulgenzi - Comptroller's Office
A motion was made by ALD. PEREZ that this Communication be
RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the
following vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
8. 170567 Resolution appropriating up to $10,000 from the Common Council
Contingent Fund for the purpose of securing outside counsel in various
matters relating to the Milwaukee Police Department.
Sponsors: Ald. Perez
Temporarily held until later in the meeting.
This item was taken up after item #15.
Individuals present:
Grant Langley and Miriam Horwitz - City Attorney's Office
Pres. Hamilton
Held due to the closed session for Steering and Rules and also to give the police
chief a chance to respond.
A motion was made by ALD. PEREZ that this Resolution be HELD TO CALL OF
THE CHAIR. This motion PREVAILED by the following vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
9. 170510 Resolution authorizing a supplemental settlement agreement relating
to the lawsuit entitled DJK 59 LLC et al. v. City of Milwaukee.
Sponsors: THE CHAIR
City of Milwaukee Page 3
JUDICIARY & LEGISLATION Meeting Minutes July 24, 2017
COMMITTEE
Adam Stephens and Alison Flanagan - City Attorney's Office
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR ADOPTION. This motion PREVAILED by the following vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
10. 170511 Resolution authorizing the City Attorney to litigate to oppose the
request of Flint Hills Resources Pine Bend, LLC to have its property
located in the City of Milwaukee classified as manufacturing property.
Sponsors: THE CHAIR
Alison Flanagan - City Attorney's Office
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR ADOPTION. This motion PREVAILED by the following vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
11. 170513 Resolution authorizing settlement of claims in the lawsuit entitled Bay
Development Co., LLC v. City of Milwaukee for the total amount of
$9,555.26.
Sponsors: THE CHAIR
A motion was made by ALD. BORKOWSKI that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
12. 170528 Resolution authorizing settlement of claims in the lawsuit entitled
Paula Oleszak v. City of Milwaukee, in the amount of $30,000.
Sponsors: THE CHAIR
A motion was made by ALD. JOHNSON that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 4- Murphy, Johnson, Borkowski and Perez
No 0
Excused 1- Bauman
13. 170550 Resolution authorizing settlement of lawsuit, April Hoffman v. City of
Milwaukee, et a in the amount of $40,000.
City of Milwaukee Page 4
JUDICIARY & LEGISLATION Meeting Minutes July 24, 2017
COMMITTEE
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 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
14. 170093 Substitute ordinance relating to the equal rights commission.
Sponsors: THE CHAIR
Held as no-one present on this matter.
A motion was made by ALD. PEREZ that this Ordinance be HELD TO CALL OF
THE CHAIR. This motion PREVAILED by the following vote:
Aye 4- Murphy, Johnson, Borkowski and Perez
No 0
Excused 1- Bauman
15. 170589 Communication from the Milwaukee Police Department, the Fire and
Police Commission, and the office of the City Attorney relating to the
development of recent Fire and Police Commission directives issued
to the Chief of Police and their relationship to state statutes.
Sponsors: Ald. Murphy
Individuals present:
Grant Langley - City Attorney
Miriam Horwitz - City Attorney's Office
MaryNell Regan - staff for Fire and Police Commission
Steve DeVougas - Chair of the Fire and Police Commission
Leslie Silletti - Police Dept.
Ald. Coggs and Ald. Kovac
A motion was made by ALD. PEREZ that this Communication be HELD TO
CALL OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
16. 170491 Resolution relative to legislative bills.
Sponsors: THE CHAIR
Danielle Decker - Intergovernmental Relations
Captain Alex Ramirez and Lt. Sean Doyne - Milwaukee Police Dept. - doesn't support
this legislation.
State asset forfeiture program
Ald. Kovac also present at the table.
The committee is opposed to this bill by a vote of 4:1 (Bauman voting "no")
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JUDICIARY & LEGISLATION Meeting Minutes July 24, 2017
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SB 325 -- minors and sex
The committee supports this bill.
LRB 3804 -- Traffic and coercing minors -
The committee suports this bill.
Brenda Wood -- present for LRB 3884
Dept. of Public Works supports the component on how to bid projects, but there are
also some parts of the bill which the city does not support.
Ms. Woods suggests we seek the original transportation language, which the
committee approved.
11:38
This Resolution was SUBSTITUTED
170491 Substitute resolution relative to legislative bills.
Sponsors: THE CHAIR
A motion was made by ALD. JOHNSON that this Resolution be
RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following
vote:
Aye 5- Murphy, Johnson, Bauman, Borkowski and Perez
No 0
The Judiciary and Legislation Committee may convene into closed session on Monday,
July 24, 2017 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. Perez moved that the committee go into closed session following item #14
There were no objections.
Ald. Bauman moved that the committee convene in open session and then items 8,13
and the remainder of the agenda were heard. There were no objections.
Meeting adjourned: 11:38 A.M.
Linda M. Elmer
Staff Assistant
City of Milwaukee Page 6
Agenda
City Hall
City of Milwaukee 200 East Wells Street
Milwaukee, Wi 53202
Meeting Agenda
JUDICIARY & LEGISLATION COMMITTEE
ALD. MICHAEL J. MURPHY, CHAIR
Ald. Cavalier Johnson, Vice-Chair
Ald. Robert J. Bauman, Ald. Mark A. Borkowski, and Jose G.
Perez
Staff Assistant, Joanna Polanco, 286-2366
Fax: 286-3456, jpolan@milwaukee.gov
Legislative Liaison, Jeffrey Osterman, 286-2262,
joster@milwaukee.gov
Monday, July 24, 2017 9:00 AM Room 301-B, City Hall
AMENDED 7/20/17
File Number 170589 has been added.
1. 170522 Reappointment of Vincent Bobot to the Administrative Review Appeals
Board by the City Attorney.
Sponsors: THE CHAIR
2. 170474 Resolution relating to the appeal of Victor and Judith Sumbry for
property damage. (1st Aldermanic District)
Sponsors: THE CHAIR
---$3,842.00
3. 170465 Resolution relating to the appeal of Timothy Kinney for property
damage.
Sponsors: THE CHAIR
---$858.50
4. 170495 Resolution relating to the appeal of Brenda Harris for property damage.
(10th Aldermanic District)
Sponsors: THE CHAIR
---$1,173.93
5. 170383 Resolution relating to the appeal of Eric Mandel Johnson for property
damage. (9th Aldermanic District)
Sponsors: THE CHAIR
---$1,505.55
6. 170469 Substitute resolution authorizing the return of real estate located at 2001
W. Capitol Drive, in the 6th Aldermanic District to its former owner
Courier Communications.
Sponsors: THE CHAIR
7. 170518 Communication from the Comptroller’s office relating to the Outstanding
Receivables Report.
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JUDICIARY & LEGISLATION Meeting Agenda July 24, 2017
COMMITTEE
Sponsors: THE CHAIR
8. 170567 Substitute resolution appropriating up to $10,000 from the Common
Council Contingent Fund for the purpose of securing outside counsel in
various matters relating to the Milwaukee Police Department.
Sponsors: Ald. Perez
--- May be referred to the Finance and Personnel Committee.
9. 170510 Resolution authorizing a supplemental settlement agreement relating to
the lawsuit entitled DJK 59 LLC et al. v. City of Milwaukee.
Sponsors: THE CHAIR
10. 170511 Resolution authorizing the City Attorney to litigate to oppose the request
of Flint Hills Resources Pine Bend, LLC to have its property located in
the City of Milwaukee classified as manufacturing property.
Sponsors: THE CHAIR
11. 170513 Resolution authorizing settlement of claims in the lawsuit entitled Bay
Development Co., LLC v. City of Milwaukee for the total amount of
$9,555.26.
Sponsors: THE CHAIR
12. 170528 Resolution authorizing settlement of claims in the lawsuit entitled Paula
Oleszak v. City of Milwaukee, in the amount of $30,000.
Sponsors: THE CHAIR
13. 170550 Resolution authorizing settlement of lawsuit, April Hoffman v. City of
Milwaukee, et a in the amount of $40,000.
Sponsors: THE CHAIR
14. 170093 Substitute ordinance relating to the equal rights commission.
Sponsors: THE CHAIR
15. 170589 Communication from the Milwaukee Police Department, the Fire and
Police Commission, and the office of the City Attorney relating to the
development of recent Fire and Police Commission directives issued to
the Chief of Police and their relationship to state statutes.
Sponsors: Ald. Murphy
16. 170491 Resolution relative to legislative bills.
Sponsors: THE CHAIR
SB-61/AB-122
Relating to: forfeiture of property seized in relation to a crime.
SB-325
Relating to: underage sexual activity and providing a criminal penalty.
LRB-3804
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JUDICIARY & LEGISLATION Meeting Agenda July 24, 2017
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Relating to: prosecuting a person under the age of 18 with committing an act of
prostitution.
LRB-3884
Relating to: alternative highway project delivery methods; prevailing wage for public
works projects; municipal approval of highway roundabouts; local referendum imposing
a wheel tax; funding for and audit of the Department of Transportation; granting
rule-making authority; and making appropriations.
The Judiciary and Legislation Committee may convene into closed session on Monday, July 24,
2017 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.
In the event that Common Council members who are not members of this committee attend this
meeting, this meeting may also simultaneously constitute a meeting of the Common Council or
any of the following committees: Community and Economic Development, Finance and
Personnel, Judiciary and Legislation, Licenses, Public Safety, Public Works, Zoning,
Neighborhoods & Development, and/or Steering and Rules. Whether a simultaneous meeting is
occurring depends on whether the presence of one or more of the Common Council member
results in a quorum of the Common Council or any of the above committees, and, if there is a
quorum of another committee, whether any agenda items listed above involve matters within that
committee’s realm of authority. In the event that a simultaneous meeting is occurring, no action
other than information gathering will be taken at the simultaneous 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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