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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · July 24, 2017

AgendaMinutes

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 City of Milwaukee Page 1 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 City of Milwaukee Page 2 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") City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes July 24, 2017 COMMITTEE 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. City of Milwaukee Page 1 Printed on 7/21/2017 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 City of Milwaukee Page 2 Printed on 7/21/2017 JUDICIARY & LEGISLATION Meeting Agenda July 24, 2017 COMMITTEE 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. City of Milwaukee Page 3 Printed on 7/21/2017
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