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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · October 7, 2019

AgendaMinutes

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, October 7, 2019 1:30 PM Room 301-B, City Hall Meeting convened at 1:36 PM Present 5 - Borkowski, Johnson, Bauman, Zielinski, Dodd 1. 190955 Resolution approving the revised Municipal Court Non-Traffic Deposit Schedule Appearing: Jane Islo - Assistant Court Administrator - Municipal Court 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 2. 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. Appearing: Deborah McCollum - DCD Stephanie O'connor - DNS Erika Martinez - Treasurer Office Atty. William Green, representing Mr. Cousins ACA - Gregory Kruse Per DNS Contractor clean up charge of $30.48 applicant has also indicated an ownership interest in an additional property with outstanding charges: 3266 N 17th Street $2540.00 TOTAL charges are $2570.48 Milwaukee Municipal Court record indicates that Mr. Cousins has a small balance on an outstanding code violation for $6.34 Mrs. Cousins has an outstanding building code violation judgment for the property at City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2019 COMMITTEE 3266 N 17th Street for $280.00 paid by October 14, 2019 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 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.. Mr. Sain did not show up when called. Based on non-appearance twice, Ald. Dodd moved denial of this property. A motion was made by ALD. DODD 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 4. 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. Appearance: ACA - Gregory Kruse Deborah McCollum-Gathing - DCD Steph O'Connor - DNS Erika Martinez - Treasurer Mr. Gregory Schroeder Milwaukee Municipal Court records indicate that Mr. Schroeder has outstanding building code violations totaling $973.20 if paid by october 14, 2019 or $976.61 if paid by November 14, 2019 Additionally, Milwaukee Municipal Court records indicate that Ms. Bonfiglio has outstanding building code violations for this property $2,7103.49 if padi by October 14, 2019 or $2,714.03 if paid by November 14, 2019. Mr. Schroeder said that there are duplications of the charges with municipal court for both, him and Ms. Bonfiglio and, asked committee for more time until December 2019. 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 5. 190716 Resolution relating to the claim of Emma Jackson Appearing: City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2019 COMMITTEE ACA - Katryna Rhodes no one show up when called. 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 6. 190810 Resolution relating to the claim of Piggly Wiggly Midwest, LLC and SAL B, LLC Appearing: ACA - Katryna Rhodes no one show up 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 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 7. 190819 Resolution relating to the appeal of Bounta Chanthavongsa for property damage. (2nd Aldermanic District) Appearing: Katryna Rhodes - ACA Mr. Chad Chrisbaum - DPW Infrastructure Mr. Chanthavongsa Based on City Attorney's recommendation and City Department's testimony, Ald. 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 8. 190820 Resolution relating to the appeal of Kathy Stephens for property damage. (2nd Aldermanic District) Appearing: Katryna Rhodes - ACA Chad Chrisbaum - DPW Infrastructure Ms. Kathy Stephens Based on City Attorney's recommendation and City Department's testimony, Ald. Johnson moved denial. City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2019 COMMITTEE 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 9. 190821 Resolution relating to the appeal of Aquilla and Darlene St. Julien-Ramsey for property damage. (1st Aldermanic District) 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 10. 190845 Reappointment of Sheldyn Himle to serve as Chief Court Administrator by Judge Derek Mosley. A motion was made by ALD. BAUMAN that this Appointment be RECOMMENDED FOR CONFIRMATION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 11. 190817 Substitute resolution approving the selection of outside counsel in regard to potential opioid litigation pursuant to Common Council File No. 190458. A motion was made by ALD. BORKOWSKI that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 3- Borkowski, Johnson and Zielinski No 2- Bauman and Dodd 12. 190859 Resolution authorizing payment of the claim of Daron Morris, in the amount of $18,000. 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 13. 190894 Resolution authorizing the settlement of the lawsuit entitled Erwing Jackson, et al. v. City of Milwaukee, Case No. 17-CV-013549. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2019 COMMITTEE Aye 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 14. 190926 Resolution authorizing settlement of the lawsuit entitled Roosevelt Ross, et al. v. City of Milwaukee, et al., Case No. 17-CV-6233. Appearing: Deputy CA Jan Smokowicz 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 15. 190096 A substitute ordinance relating to revisions of the various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions. Appearing: Ted Medhin - LRB Manager A motion was made by ALD. DODD that this Ordinance be RECOMMENDED FOR PASSAGE. This motion PREVAILED by the following vote: Aye 4- Borkowski, Johnson, Zielinski and Dodd No 0 Excused 1- Bauman 16. 170937 Communication from the Fire and Police Commission relating to updates and current activities. Appearing: Griselda Aldrete - F&PC 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 5- Borkowski, Johnson, Bauman, Zielinski and Dodd No 0 17. 190610 Resolution relative to legislative bills. Appearing: IRD - Danielle Decker --- AB-206/SB-188 Relating to: regulating hemp, providing an exemption from emergency rule procedures, granting rule-making authority, and making an appropriation. Johnson - Support 3-0 City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes October 7, 2019 COMMITTEE --- AB-422 Relating to: raising the legal age for sale, purchase, and possession of cigarettes and nicotine and tobacco products, providing a legal age for sale, purchase, and possession of vapor products, and providing a penalty. Johnson - Support 3-0 ---- LRB-4383/1 Relating to: extreme risk protection temporary restraining orders and injunctions and providing a penalty. Dodd - Support 3-0 A motion was made by ALD. JOHNSON that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 3- Borkowski, Johnson and Dodd No 0 Excused 2- Bauman and Zielinski 17. 190610 Substitute resolution relative to legislative bills A motion was made by ALD. DODD that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 3- Borkowski, Johnson and Dodd No 0 Excused 2- Bauman and Zielinski The Judiciary and Legislation Committee may convene into closed session on Monday, October 7th, 2019 in Room 301-A, 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 4:05 PM Joanna Polanco Staff Assistant City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes October 7, 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 7

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, October 7, 2019 1:30 PM Room 301-B, City Hall 1. 190955 Resolution approving the revised Municipal Court Non-Traffic Deposit Schedule Sponsors: THE CHAIR 2. 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 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 4. 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 5. 190716 Resolution relating to the claim of Emma Jackson Sponsors: THE CHAIR ---$100,000 6. 190810 Resolution relating to the claim of Piggly Wiggly Midwest, LLC and SAL B, LLC Sponsors: THE CHAIR ---$20,038.13 7. 190819 Resolution relating to the appeal of Bounta Chanthavongsa for property damage. (2nd Aldermanic District) Sponsors: THE CHAIR ---$753.98 City of Milwaukee Page 1 Printed on 10/2/2019 JUDICIARY & LEGISLATION Meeting Agenda October 7, 2019 COMMITTEE 8. 190820 Resolution relating to the appeal of Kathy Stephens for property damage. (2nd Aldermanic District) Sponsors: THE CHAIR ---$721.87 9. 190821 Resolution relating to the appeal of Aquilla and Darlene St. Julien-Ramsey for property damage. (1st Aldermanic District) Sponsors: THE CHAIR ---$975.00 10. 190845 Reappointment of Sheldyn Himle to serve as Chief Court Administrator by Judge Derek Mosley. Sponsors: THE CHAIR 11. 190817 Substitute resolution approving the selection of outside counsel in regard to potential opioid litigation pursuant to Common Council File No. 190458. Sponsors: Ald. Murphy 12. 190859 Resolution authorizing payment of the claim of Daron Morris, in the amount of $18,000. Sponsors: THE CHAIR 13. 190894 Resolution authorizing the settlement of the lawsuit entitled Erwing Jackson, et al. v. City of Milwaukee, Case No. 17-CV-013549. Sponsors: THE CHAIR 14. 190926 Resolution authorizing settlement of the lawsuit entitled Roosevelt Ross, et al. v. City of Milwaukee, et al., Case No. 17-CV-6233. Sponsors: THE CHAIR 15. 190096 A substitute ordinance relating to revisions of the various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions. Sponsors: THE CHAIR 16. 170937 Communication from the Fire and Police Commission relating to updates and current activities. Sponsors: THE CHAIR 17. 190610 Resolution relative to legislative bills. Sponsors: THE CHAIR --- AB-206/SB-188 Relating to: regulating hemp, providing an exemption from emergency rule procedures, granting rule-making authority, and making an appropriation. --- AB-422 Relating to: raising the legal age for sale, purchase, and possession of cigarettes and nicotine and tobacco products, providing a legal age for sale, purchase, and possession City of Milwaukee Page 2 Printed on 10/2/2019 JUDICIARY & LEGISLATION Meeting Agenda October 7, 2019 COMMITTEE of vapor products, and providing a penalty. ---- LRB-4383/1 Relating to: extreme risk protection temporary restraining orders and injunctions and providing a penalty. The Judiciary and Legislation Committee may convene into closed session on Monday, October 7th, 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. 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 3 Printed on 10/2/2019