JUDICIARY & LEGISLATION COMMITTEE
Regular MeetingMilwaukee, WI · April 29, 2019
Minutes
City Hall
City of Milwaukee 200 East Wells Street
Milwaukee, Wi 53202
Meeting Minutes
JUDICIARY & LEGISLATION COMMITTEE
ALD. MARK A. BORKOWSKI, CHAIR
Ald. Cavalier Johnson, Vice-Chair
Ald. Robert Bauman, Ald.T. Anthony Zielinski, and Ald. Nikiya
Dodd
Staff Assistant, Joanna Polanco, 286-2366
Fax: 286-3456, jpolan@milwaukee.gov
Legislative Liaison, Jeffrey Osterman, 286-2262,
joster@milwaukee.gov
Monday, April 29, 2019 1:30 PM Room 301-B, City Hall
4/25/19 AMENDED
LRB-1976 & AB-132 were added to File Number 181894
Meeting convened at 1:32 PM
Present 4 - Borkowski, Johnson, Bauman, Dodd
Excused 1 - Zielinski
1. 190007 Resolution relating to the appeal of Mary McKay for property damage.
(11th Aldermanic District.)
Sponsors: THE CHAIR
Appearing:
Katryna Rhodes - ACA
Sgt. Christopher Marshall - MPD
Ms. Mary McKay - appellant
Ald. Borkowski moved to pay appeal in the amount of Ms. McKay deductible, $1000.00
Based on Milwaukee Police Department's testimony and City Attorney's
recommendation, Ald. Johnson moved denial of this appeal.
A motion was made by ALD. BORKOWSKI that this Resolution be AMENDED.
This motion FAILED by the following vote:
Aye 1- Borkowski
No 3- Johnson, Bauman and Dodd
Excused 1- Zielinski
This Resolution was RECOMMENDED FOR DISALLOWANCE & INDEF.
POSTPONEMENT
Aye 3- Johnson, Bauman and Dodd
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JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019
COMMITTEE
No 1- Borkowski
Excused 1- Zielinski
2. 190008 Resolution relating to the appeal of Steven Turner for property damage.
(11th Aldermanic District.)
Sponsors: THE CHAIR
Appearing:
Katryna Rhodes - ACA
No one Show when called
A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED
FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by
the following vote:
Aye 3- Johnson, Bauman and Dodd
No 1- Borkowski
Excused 1- Zielinski
3. 190006 Resolution relating to the claim of Hupy & Abraham, S.C. on behalf of
DuWayne D. Criter
Sponsors: THE CHAIR
Appearing:
Katryna Rhodes - ACA
Hupy & Abraham, S.C. on behalf of DuWayne D Criter - Atty. David Landgraf
This Resolution was RECOMMENDED FOR DISALLOWANCE & INDEF.
POSTPONEMENT
4. 181680 Resolution relating to the appeal of Andrew Nichols and Dinna Kleeman
for property damage.
Sponsors: COMMON COUNCIL
Appearing:
Katryna Rhodes - ACA
Andrew Nichols & Dinna Kleeman were not present when called (second time item is
scheduled).
Ald. Borkowski moved to paid this appeal in the amount of 770 dollars, offered amount
by the City Attorney's Office to seatled this appeal. There were no objections.
A motion was made by ALD. JOHNSON that this Resolution be SUBSTITUTED.
This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
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JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019
COMMITTEE
181680
Sponsors: COMMON COUNCIL
A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED
FOR ADOPTION. This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
5. 181549 Resolution relating to the claim of American Family Insurance by its
representative Sarah A. Crose on behalf of Bartlett Oakland, LLC.
Sponsors: THE CHAIR
Appearing:
Patricia Fricker - ACA
This resolution is to be paid in the amount of $27,170.18.
A motion was made by ALD. DODD that this Resolution be SUBSTITUTED. This
motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
181549
Sponsors: THE CHAIR
A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR
ADOPTION. This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
6. 181932 Resolution authorizing the return of real estate located at 4947 N. 20TH
Street, in the 1st Aldermanic District, to former owner Shondell Zanders.
Sponsors: THE CHAIR
Appearing:
Deborah McCollum-Gathing - DNS
Emily McKeown - DCD
Erika Martinez - Treasurer Office
Mr. Shondell Zanders
A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR
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JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019
COMMITTEE
ADOPTION. This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
7. 190076 Resolution authorizing the return of real estate located at 5649 N. 34th
Street, in the 1st Aldermanic District, to former owner Before and After
Rehab, LLC. (Application made by Before and After Rehab, LLC c/o Atty.
Joseph Sherwenka).
Sponsors: THE CHAIR
Appearing:
Deborah McCollum-Gathing - DNS
Emily McKeown - DCD
Erika Martinez - Treasurer Office
Atty. Joseph Sherwenka
DNS $203.20 by 5/6/19
A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED
FOR ADOPTION. This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
8. 190013 Resolution authorizing the return of real estate located at 5101 N. 66th
Street, in the 2nd Aldermanic District, to former owner Ernest V. Williams
& Joan HW.
Sponsors: THE CHAIR
Appearing:
Deborah McCollum-Gathing - DNS
Emily McKeown - DCD
Erika Martinez - Treasurer Office
Mr. Ernest V. Williams
Atty. Andrew Arena
A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED
FOR ADOPTION. This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
9. 190077 Resolution authorizing the return of real estate located at 2925 N 11th
Street, in the 6th Aldermanic District, to former owner Eddie Williams.
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JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019
COMMITTEE
Sponsors: THE CHAIR
Appearing:
Deborah McCollum-Gathing - DNS
Emily McKeown - DCD
Erika Martinez - Treasurer Office
Mr. Eddie Williams
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- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
10. 190078 Resolution authorizing the return of real estate located at 1328 S 8th
Street, in the 12th Aldermanic District, to former owner JMR Rental
Properties, LLC c/o Jaime Rosado.
Sponsors: THE CHAIR
Appearing:
Deborah McCollum-Gathing - DNS
Emily McKeown - DCD
Erika Martinez - Treasurer Office
Nicole Larsen - ACA
Atty. from Gimble Law Office
DNS due 5/6/19 and correct code violations in a timely manner.
Municipal court outstanding amount $1,347.69
A motion was made by ALD. JOHNSON that this Resolution be HELD TO CALL
OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
11. 181710 Substitute resolution authorizing the return of real estate located at 1311
N. 40th Street, in the 15th Aldermanic District to its former owner
Baltic2Boardwalk LLC (Application made by Raymond Cowan,
manager).
Sponsors: THE CHAIR
Appearing:
Deborah McCollum-Gathing - DNS
Emily McKeown - DCD
Erika Martinez - Treasurer Office
Mr. Raymond Cowan - Manager
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JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019
COMMITTEE
DNS due on other property
4357 N 14 $729.07 due by 5/6/19
A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED
FOR ADOPTION. This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
12. 190075 Resolution authorizing the return of real estate located at 2854 N. 28TH
Street, in the 15th Aldermanic District, to former owner Ingersol Financial,
LLC c/o BCHH Inc.
Sponsors: THE CHAIR
Appearing:
Deborah McCollum-Gathing - DNS
Emily McKeown - DCD
Erika Martinez - Treasurer Office
Nicole Larsen - ACA
no one show when called
A motion was made by ALD. JOHNSON that this Resolution be HELD TO CALL
OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
13. 170937 Communication from the Fire and Police Commission relating to updates
and current activities.
Sponsors: THE CHAIR
Appearing:
Lakeisha Butler - Director F&PC
Mr. Paul Mozina - City Resident
A motion was made by ALD. BAUMAN that this Communication be HELD TO
CALL OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
14. 190043 Resolution cancelling real estate taxes levied against certain parcels
bearing tax key numbers on the 2018 tax roll, plus interest applicable to
date of repayment, if appropriate.
City of Milwaukee Page 6
JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019
COMMITTEE
Sponsors: THE CHAIR
Appearing:
Peter Bronex - Deputy Assessor
A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR
ADOPTION. This motion PREVAILED by the following vote:
Aye 3- Borkowski, Bauman and Dodd
No 0
Excused 2- Johnson and Zielinski
15. 181894 Resolution relative to legislative bills.
Sponsors: THE CHAIR
Appearing:
Brenda Wood - IRD CC
Danielle Decker - IRD
Mike Amsden -
SB-170
Relating to: allowing minors to operate temporary stands without a permit or license.
Ald. Dood moved SUPPORT
3-0
LRB-1976
Relating to: displaying gas taxes on gas pumps.
Ald. Johnson moved SUPPORT
3-0
Ms. Wood asked committee to hold this item until more research is done. There were
no objections.
LRB-2612
Relating to: regulating hemp, providing an exemption from emergency rule procedures,
granting rule making authority, and making an appropriation.
AB-168
Relating to: the requirement for stating name and address prior to voting.
Ald. Johnson moved SUPPORT
4-0
AB-132
Relating to: electric bicycles and providing a penalty.
Ald. Dodd moved SUPPORT
3-0
A motion was made by ALD. JOHNSON that this Resolution be AMENDED. This
motion PREVAILED by the following vote:
Aye 4- Borkowski, Johnson, Bauman and Dodd
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JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019
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No 0
Excused 1- Zielinski
181894 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 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
16. 181900 Communication from the Department of Administration relating to the
2020 Census.
Sponsors: THE CHAIR
Appearing:
Sharon Robinson - DOA Director
Patricia Ruiz - Canty - DOA
A motion was made by ALD. JOHNSON that this Communication be HELD TO
CALL OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 3- Borkowski, Johnson and Dodd
No 0
Excused 2- Bauman and Zielinski
17. 190065 Resolution directing the Department of Administration - Intergovernmental
Relations Division to seek introduction and passage of State legislation
to remove the State statute which prohibits municipalities from enacting
or enforcing ordinances regulating the use, disposition, or sale of
auxiliary containers.
Sponsors: Ald. Rainey
Appearing:
Brenda Wood - CC CC
A motion was made by ALD. JOHNSON that this Resolution be HELD TO CALL
OF THE CHAIR. This motion PREVAILED by the following vote:
Aye 3- Borkowski, Johnson and Dodd
No 0
Excused 2- Bauman and Zielinski
18. 190112 Resolution authorizing up to $2,300,000 million dollars of 2019 contingent
City of Milwaukee Page 8
JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019
COMMITTEE
borrowing for damages and claims.
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 4- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
19. 190079 Resolution authorizing payment of the settlement of claims raised by the
Estate of James Franklin Perry by Representatives Nathaniel Cade and
Anglia Garner.
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- Borkowski, Johnson, Bauman and Dodd
No 0
Excused 1- Zielinski
The Judiciary and Legislation Committee may convene into closed session on Monday,
April 29, 2019 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.
Meeting adjourned at 3:53 PM Joanna Polanco Staff Assistant
This meeting will be webcast live at www.milwaukee.gov/channel25.
City of Milwaukee Page 9
JUDICIARY & LEGISLATION Meeting Minutes April 29, 2019
COMMITTEE
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 and Health, 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.
Times for specific agenda items are estimations. If items cannot be heard at their specified
times, they will be heard as soon as practicable thereafter.
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 10
Agenda
City Hall
City of Milwaukee 200 East Wells Street
Milwaukee, Wi 53202
Meeting Agenda
JUDICIARY & LEGISLATION COMMITTEE
ALD. MARK A. BORKOWSKI, CHAIR
Ald. Cavalier Johnson, Vice-Chair
Ald. Robert Bauman, Ald.T. Anthony Zielinski, and Ald. Nikiya
Dodd
Staff Assistant, Joanna Polanco, 286-2366
Fax: 286-3456, jpolan@milwaukee.gov
Legislative Liaison, Jeffrey Osterman, 286-2262,
joster@milwaukee.gov
Monday, April 29, 2019 1:30 PM Room 301-B, City Hall
4/25/19 AMENDED
LRB-1976 & AB-132 were added to File Number 181894
1. 190007 Resolution relating to the appeal of Mary McKay for property damage.
(11th Aldermanic District.)
Sponsors: THE CHAIR
---$3,308.00
2. 190008 Resolution relating to the appeal of Steven Turner for property damage.
(11th Aldermanic District.)
Sponsors: THE CHAIR
---$1,160.00
3. 190006 Resolution relating to the claim of Hupy & Abraham, S.C. on behalf of
DuWayne D. Criter
Sponsors: THE CHAIR
---$50,000.00
4. 181680 Resolution relating to the appeal of Andrew Nichols and Dinna Kleeman for
property damage.
Sponsors: COMMON COUNCIL
---$1,728.92
5. 181549 Resolution relating to the claim of American Family Insurance by its
representative Sarah A. Crose on behalf of Bartlett Oakland, LLC.
Sponsors: THE CHAIR
---$32,170.18
6. 181932 Substitute resolution authorizing the return of real estate located at 4947 N.
20th Street, in the 1st Aldermanic District to its former owner Shondell
Zanders.
Sponsors: THE CHAIR
City of Milwaukee Page 1 Printed on 4/26/2019
JUDICIARY & LEGISLATION Meeting Agenda April 29, 2019
COMMITTEE
7. 190076 Substitute resolution authorizing the return of real estate located at 5649 N.
34th Street, in the 1st Aldermanic District to its former owner Before and
After Rehab, LLC (Application made by Before and After Rehab, LLC c/o
Atty. Joseph Sherwenka).
Sponsors: THE CHAIR
8. 190013 Substitute resolution authorizing the return of real estate located at 5101 N.
66th Street, in the 2nd Aldermanic District to its former owner Ernest V.
Williams & Joan HW.
Sponsors: THE CHAIR
9. 190077 Substitute resolution authorizing the return of real estate located at 2925 N.
11th street, in the 6th Aldermanic District to its former owner Eddie
Williams.
Sponsors: THE CHAIR
10. 190078 Substitute resolution authorizing the return of real estate located at 1328 S.
8th Street, in the 12th Aldermanic District to its former owner JMR Rental
Properties, LLC c/o Jaime Rosado.
Sponsors: THE CHAIR
11. 181710 Substitute resolution authorizing the return of real estate located at 1311 N.
40th Street, in the 15th Aldermanic District to its former owner
Baltic2Boardwalk LLC (Application made by Raymond Cowan, manager).
Sponsors: THE CHAIR
12. 190075 Substitute resolution authorizing the return of real estate located at 2854 N.
28th Street, in the 15th Aldermanic District to its former owner Ingersol
Financial, LLC c/o BCHH inc..
Sponsors: THE CHAIR
13. 170937 Communication from the Fire and Police Commission relating to updates
and current activities.
Sponsors: THE CHAIR
14. 190043 Resolution cancelling real estate taxes levied against certain parcels
bearing tax key numbers on the 2018 tax roll, plus interest applicable to
date of repayment, if appropriate.
Sponsors: THE CHAIR
15. 181894 Resolution relative to legislative bills.
Sponsors: THE CHAIR
SB-170
Relating to: allowing minors to operate temporary stands without a permit or license.
LRB-1976
Relating to: displaying gas taxes on gas pumps.
City of Milwaukee Page 2 Printed on 4/26/2019
JUDICIARY & LEGISLATION Meeting Agenda April 29, 2019
COMMITTEE
LRB-2612
Relating to: regulating hemp, providing an exemption from emergency rule procedures,
granting rule making authority, and making an appropriation.
AB-168
Relating to: the requirement for stating name and address prior to voting.
AB-132
Relating to: electric bicycles and providing a penalty.
16. 181900 Communication from the Department of Administration relating to the 2020
Census.
Sponsors: THE CHAIR
17. 190065 Resolution directing the Department of Administration - Intergovernmental
Relations Division to seek introduction and passage of State legislation to
remove the State statute which prohibits municipalities from enacting or
enforcing ordinances regulating the use, disposition, or sale of auxiliary
containers.
Sponsors: Ald. Rainey
18. 190112 Resolution authorizing up to $2,300,000 million dollars of 2019 contingent
borrowing for damages and claims.
Sponsors: THE CHAIR
19. 190079 Resolution authorizing payment of the settlement of claims raised by the
Estate of James Franklin Perry by Representatives Nathaniel Cade and
Anglia Garner.
Sponsors: THE CHAIR
The Judiciary and Legislation Committee may convene into closed session on Monday, April 29,
2019 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.
City of Milwaukee Page 3 Printed on 4/26/2019
JUDICIARY & LEGISLATION Meeting Agenda April 29, 2019
COMMITTEE
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 and Health, 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.
Times for specific agenda items are estimations. If items cannot be heard at their specified times,
they will be heard as soon as practicable thereafter.
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 4/26/2019