JUDICIARY & LEGISLATION COMMITTEE

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, September 16, 2019 1:30 PM Room 301-B, City Hall Meeting convened at 1:31 PM Present 5 - Borkowski, Johnson, Bauman, Zielinski, Dodd 1. 190698 Substitute resolution authorizing the return of real estate located at 4439 N. 27th Street, in the 1st Aldermanic District to its former owner Renold S Cousins and Camille N. Cousins. Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DCD Real Estate Norma Lewis - DNS Jim Klajbor - Deputy Treasurer's Office No one present when called. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Bauman and Zielinski No 0 Excused 1- Dodd 2. 190693 Substitute resolution authorizing the return of real estate located at 4843 N. Hopkins Street, in the 1st Aldermanic District to its former owner Roxie Thomas. Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DCD Real Estate Norma Lewis - DNS Jim Klajbor - Deputy Treasurer's Office Nicole Larsen - City Atty. Office City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE Ms. Thomas has a number of outstanding of traffic violations, disordering conduct and buidlign code violations due in the amount of $2,009.38 that need to be paid by 9/23/19. Other properties owned by applicant 4547 N 37th Street 2017-2018 Outstanding $2,890.94 A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 3. 190631 Substitute resolution authorizing the return of real estate located at 3624 N. 86th Street, in the 5th Aldermanic District to its former owner Robert Sain, Jr.. Sponsors: THE CHAIR No one show when called. A motion was made by ALD. DODD that this Resolution be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 4. 181322 Substitute resolution authorizing the return of real estate located at 3565 N. 14th Street, in the 6th Aldermanic District to its former owner Christina Pitts and Klacee SM Pitts. Sponsors: THE CHAIR No one show when called. 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- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 5. 181312 Substitute resolution authorizing the return of real estate located at 2714 W. Melvina Street, in the 7th Aldermanic District to its former owner Gregory Schroeder & Jennifer Bonfiglio. Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DCD Real Estate Norma Lewis - DNS Jim Klajbor - Deputy Treasurer's Office Nicole Larsen - City Atty. Office City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE Mr. Gregory Schroeder Mr. Bonfiglio has outstanding building code violations for this property in the amount of $2,696.35 and $970.89 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 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 6. 190276 Substitute resolution authorizing the return of real estate located at 809 S. 28th Street, in the 8th Aldermanic District to its former owner Shenika M. Batchelor. Sponsors: THE CHAIR no one show when called. 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- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 7. 190271 Substitute resolution authorizing the return of real estate located at 3845 W. Forest Home Ave, in the 11th Aldermanic District to its former owner David R. Storey. Sponsors: THE CHAIR no one show when called. 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- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 8. 190632 Substitute resolution authorizing the return of real estate located at 2611 N. 33rd Street, in the 15th Aldermanic District to its former owner Tory Gardner c/o Karah Letherwood. Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DCD Real Estate Norma Lewis - DNS Jim Klajbor - Deputy Treasurer's Office Nicole Larsen - City Atty. Office Mr. Tory Gardner A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 9. 190142 Substitute resolution authorizing the return of real estate located at 3817 W Sarnow Street, in the 15th Aldermanic District to its former owner Annie C. Perteet. Sponsors: THE CHAIR Appearing: Deborah McCollum-Gathing - DCD Real Estate Norma Lewis - DNS Jim Klajbor - Deputy Treasurer's Office Nicole Larsen - City Atty. Office Ms. Annie Perteet Asked for postponement of this item until November 18, 2019 JL 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 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 10. 190515 Communication from the Comptroller’s Office relating to the Annual Outstanding Receivables Report. Sponsors: THE CHAIR Appearing: Melissa Fulgensi - Comptroller Gloria Lucas - Comptroller JIm Klajbor - Treasurer's Office Tom Woznick - DPW Parking Operations A motion was made by ALD. JOHNSON that this Communication be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 11. 190543 Resolution relating to the appeal of Arthur Marasco for property damage. Sponsors: THE CHAIR Appearing: Mr. Arthur Marasco Asst CA Katryna Rhodes MPD Sgt. Thomas Hines Based on City Attorney's recommendation and Milwaukee Police Department, Ald. City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE Johnson moved denial of this appeal. A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 12. 190481 Resolution relating to the appeal of Billy Jones for property damage. (7th Aldermanic Disctrict) Sponsors: THE CHAIR Appearing: Katryna Rhodes - Asst. CA MPD Sgt. Thomas Hines Mr. Arthur Marasco Based on City Attorney's recommendation and Milwaukee Police Department, Ald. Bauman moved denial of this appeal. 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- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 13. 190540 Resolution relating to the appeal of Maria Arias for property damage. (8th Aldermanic District) Sponsors: THE CHAIR Ald. Johnson moved to placed this item on file as the City Attorney has settled this appeal. A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 14. 190542 Resolution relating to the appeal of Cassandra Alvarez for property damage. (12th Aldermanic District) Sponsors: THE CHAIR Appearing: Cassandra Alvarez - appellant Brian Fields - Fleet Division Katryna Rhodes - ACA Based on City Attorney's recommendation and Fleet Division testimony, Ald. Dodd City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE moved denial of this appeal. A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 15. 190104 Resolution relating to the appeal of Rafael Torres for property damage. (12th Aldermanic District) Sponsors: THE CHAIR 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 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 16. 190335 Resolution relating to the appeal of Jeffrey Sell for property damage. Sponsors: THE CHAIR Based on non-appearance, Ald. Zielinski moved denial of this appeal. A motion was made by ALD. ZIELINSKI that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 17. 190541 Resolution relating to the appeal of Alvin Johnson for property damage. (8th Aldermanic District) Sponsors: THE CHAIR Appearing: Alvin Johnson - appellant Erin Stoekl - Forestry Based on City Attorney's recommendation and Forestry Department's testimony, Ald. Zielinski moved denial of this appeal. A motion was made by ALD. ZIELINSKI that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 18. 190248 Resolution relating to the claim of Lorenzo King. City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE Sponsors: THE CHAIR Appearing: Lorenzo King - Claimant Carol Rindt - Sewer Katryna Rhodes - ACA Based on City Attorney's recommendation and Sewer Department's testimony, Ald. Zielinski moved denial of this claim. A motion was made by ALD. ZIELINSKI that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 19. 190474 Resolution relating to the claim of Hupy & Abraham, S.C. on behalf of John Rivera. Sponsors: THE CHAIR Based on non-appearance, Ald. Bauman moved denial of this claim. 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- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 20. 190475 Resolution relating to the claim of Hupy & Abraham, S.C., on behalf of Taylor Rivera. Sponsors: THE CHAIR Based on non-appearance, Ald. Bauman moved denial of this claim. 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- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 21. 190482 Resolution relating to the appeal of Jennifer Williams for property damage. Sponsors: THE CHAIR Appearing: Jennifer Williams James Washington - DPW City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE Patricia Fricker - ACA Based on City Attorney's recommendation and Department of Public Works testimony, Ald. Bauman moved denial of this appeal. 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- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 22. 190478 Resolution relating to the appeal of Adrienne Moncree for property damage. (1st Aldermanic Disctrict) Sponsors: THE CHAIR Basd on non-appearance, Ald. Bauman moved denial of this appeal. 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- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 23. 190477 Resolution relating to the appeal of Ryan White for property damage. Sponsors: THE CHAIR Appearing: Ryan White - appellant James Washington - DPW Katryna Rhodes - ACA Based on City Attorney's recommendation and City Department's testimony, Ald. Zielinski moved denial of this appeal. This Resolution was RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT 24. 190653 Resolution relating to the appeal of Edward Anhald for property damage. Sponsors: THE CHAIR Appearing: Mr. Edward Anhald Katryna Rhodes - ACA Based on City Attorney's recommendation, Ald. moved denial of this appeal. A motion was made by ALD. ZIELINSKI that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: City of Milwaukee Page 8 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 Recess taken at 3:09 PM Meeting resumed at 3:15 PM 25. 190674 Resolution authorizing payment of the claim of Monique Foster, in the amount of $25,000. Sponsors: THE CHAIR Appearing: Deputy City Atty. Jan Smokowicz A motion was made by ALD. ZIELINSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 26. 190675 Resolution authorizing payment of the claim of Paul Marchese, in the amount of $25,000. Sponsors: THE CHAIR Appearing: Deputy City Atty. Jan Smokowicz A motion was made by ALD. ZIELINSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 27. 190676 Resolution authorizing payment of the claim of Joseph Zawikowski, in the amount of $25,000. Sponsors: THE CHAIR Appearing: Deputy City Atty. Jan Smokowicz A motion was made by ALD. ZIELINSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 28. 190800 Resolution authorizing payment of the settlement of claims raised by Rafael Rosales. Sponsors: THE CHAIR City of Milwaukee Page 9 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 29. 190818 Resolution authorizing a settlement in the case entitled Deron Love v. Rodolfo Gomez, Jr., Milwaukee County Case No. 14-CV-008608 Sponsors: THE CHAIR Appearing: Jan Smokowicz - Deputy City Atty A motion was made by ALD. BAUMAN 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 30. 190826 Resolution directing the Executive Director of the Election Commission to place on the April 7, 2020, ballot a non-binding referendum relating to the establishment of a non-partisan redistricting process for the State of Wisconsin. Sponsors: Ald. Johnson Appearing: Ald. Johnson - Sponsor A motion was made by ALD. JOHNSON that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 31. 190793 Resolution authorizing the City Attorney to litigate to oppose the request of Thermo Fischer Scientific Milwaukee LLC to have the assessments of its manufacturing property located in the City of Milwaukee reduced. Sponsors: THE CHAIR Appearing: Hannah Jahn - ACA A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 City of Milwaukee Page 10 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE 32. 190817 Resolution approving the selection of outside counsel in regard to potential opioid litigation pursuant to Common Council File No. 190458. Sponsors: THE CHAIR Appearing: Ald. Michael Murphy Deputy City Atty. Miriam Horwitz Ald. Murphy asked to be sponsors of this resolution. There were no objections. A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 2- Bauman and Dodd No 1- Borkowski Excused 2- Johnson and Zielinski 33. 171672 Resolution relative to legislative bills. Sponsors: THE CHAIR Appearing: Brenda Wood - IRD Jim Bohl - IRD SB-365 Relating to: generally prohibiting local units of government from excluding from consideration certain piping materials. Bauman moved Opposed 4-0 (Zielinski excused) LRB-3152/1 Relating to: impersonating a public officer, public employee, or employee of a utility, and providing a criminal penalty. Bauman moved Support 4-0 (Zielinski excused) AB-89/SB-108 Relating to: vacancies in elective offices in cities and villages. Johnson moved Support 4-0 (Zielinski excused) LRB-3620/1 Relating to: municipal raze orders for certain buildings damaged by sudden occurrences. Bauman moved Opposed 3-0 (Zielinski and Johnson excused) AB-363 Relating to: alcohol beverages delivery and the face-to-face requirement for retail sales of alcohol beverages. Bauman moved Support 2-1 (Zielinski, Johnson excused and Borkowski no) A motion was made by ALD. DODD that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: City of Milwaukee Page 11 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 COMMITTEE Aye 3- Borkowski, Bauman and Dodd No 0 Excused 2- Johnson and Zielinski 171672 Substitute resolution relative to legislative bills. 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 3- Borkowski, Bauman and Dodd No 0 Excused 2- Johnson and Zielinski The Judiciary and Legislation Committee may convene into closed session on Monday, September 16th, 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. Meeting adjourned at 4:25 PM Joanna Polanco Staff Assistant 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. City of Milwaukee Page 12 JUDICIARY & LEGISLATION Meeting Minutes September 16, 2019 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 13