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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · May 22, 2023

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. Robert J. Bauman, Vice-Chair Ald. Michael J. Murphy, Ald. Mark Chambers, Jr. and Ald. Larresa Taylor Staff Assistant, Joanna Polanco, 414-286-2366 Fax: 414-286-3456, jpolan@milwaukee.gov Legislative Liaison, Jeffrey Osterman, 414-286-2262, joster@milwaukee.gov Monday, May 22, 2023 9:00 AM Room 301-B, City Hall AMENDED 5/18/2023 Closed Session Language added for item #18, File Number 230148. Meeting convened at 9:14 AM Present 4 - Borkowski, Bauman, Murphy, Taylor Excused 1 - Chambers Jr. 1. 221819 Substitute resolution authorizing the return of real estate located at 1641 N Franklin Place Unit 5, in the 3rd Aldermanic District to its former owner Michael J Whitcomb. Appearing: Hannah Jahn - ACA Amy Turim - DNS Odalo Ohiku - Deputy City Atty Tanz Rome - DCD Jim Klajbor - Treasurer Mr. Whitcomb was NOT present when this item was called, Ald. Bauman moved denial for this itme was scheduled 3x. 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, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 2. 221753 Substitute resolution authorizing the return of real estate located at 5403 N 35th Street, in the 1st Aldermanic District to its former owner SCH Prop MGMT LLC applicaation made by SCH Prop MGT Attn: Atty David City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes May 22, 2023 COMMITTEE Halbrooks. The Following three items were taken together. DCD reported their opposition to the return of these items. City is owed rent monies from these. Appearing: Hannah Jahn Amy Turim Odalo Ohiku Tanz Rome Jim Klajbor Attys: David Halbrooks & Michael Maistelman Deputy Ohiku stated that there is an outstanding amount of $2,080.00 pending in municipal fees among these three properties. Delinquent taxes owed on these properties: File 221753 - $16,054.37 File 221751 - $11,915.73 File 221752 - $22,920.44 Ownership interest on 18 other properties with outstanding taxes close to $150,000.00 Deputy Ohiku stated that there is an outstanding amount of $2,080.00 pending in municipal fees among these three properties. Per City Atty, Jahn if committee were to recommend approval to return of these properties, ALL amount owed for ALL properties would have to be paid before return to prior owner. Based on Department's testimony and recommendations, Ald. Bauman moved denied of these three files. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 3- Borkowski, Bauman, and Taylor No 1- Murphy Excused 1- Chambers Jr. 3. 221751 Substitute resolution authorizing the return of real estate located at 3411 N 9th Street, in the 6th Aldermanic District to its former owner Arlington Heights Management LLC, application made by SCH Prop MGT Attn: Atty. David Halbrooks. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 3- Borkowski, Bauman, and Taylor No 1- Murphy City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes May 22, 2023 COMMITTEE Excused 1- Chambers Jr. 4. 221752 Substitute resolution authorizing the return of real estate located at 3720 W Keefe Avenue, in the 7th Aldermanic District to its former owner S.C.H. Property Management LLC, application made by SCH Prop MGT Attn: Atty David Halbrooks. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 3- Borkowski, Bauman, and Taylor No 1- Murphy Excused 1- Chambers Jr. 5. 221767 Substitute resolution authorizing the return of real estate located at 2842 N 12th Street, in the 15th Aldermanic District to its former owner Eddie Jones-Smith. Appearing: Mr. Eddie Jones Amy Turim DCD not able to inspect the property odalo Ohiku Deputy City Atty Tanz Rome - DNS Jim Klajbor - Treasurer Third time this file has been before Committee. $2000.00 owed in building code violation - Object no outstanding orders since the City took ownership. Applicant has ownership interest on another property owing back taxes of $10,092.02. A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 6. 221860 Substitute resolution authorizing the return of real estate located at 1633-35 N 18th Street, in the 15th Aldermanic District to its former owner Cassandra J Roberson. Appearing: Hannah Jahn Odalo Ohiku AMy Turim Rome Tanz JimKlajbor City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes May 22, 2023 COMMITTEE Ms. Cassandra Roberson & Daughter Law, Princess Halloway DCD was helping Ms. Roberson to receive financial assistance that, was not approve since the last time committee heard this item. ACTS Housing is working diligently to move forward with the process for Ms. Roberson. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 7. 230065 Resolution authorizing settlement of claims in the lawsuit entitled Rhythm, LLC v. City of Milwaukee Appearing: Hannah Jahn - CA A motion was made by that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 8. 230080 Resolution authorizing settlement of claims in the lawsuit entitled Wisconsin Lutheran High School Conference v. City of Milwaukee Appearing: Hannah Jahn A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 9. 221729 Resolution relating to the appeal of Vanessa Sanders for property damage. Appearing: ACA Clint Muche Forestry - Jeff Laufenberg Ms. Vanessa Sanders Notwithstanding the City Attorney's recommendation and City Department's testimony, Ald. Taylor moved to settled this claim in the amount of $1,000.00 to reimburse Ms. Sanders for her deductible. A motion was made by ALD. TAYLOR that this Resolution be SUBSTITUTED. City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes May 22, 2023 COMMITTEE This motion PREVAILED by the following vote: Aye 2- Borkowski, and Taylor No 1- Bauman Excused 2- Murphy, and Chambers Jr. 221729 Substitute resolution relating to the appeal of Vanessa Sanders. A motion was made by that this Resolution be . This motion PREVAILED by the following vote: Aye 2- Borkowski, and Taylor No 1- Bauman Excused 2- Murphy, and Chambers Jr. 10. 220977 Resolution relating to the claim of Alonzo and Dawn Chapman. Appearing: Mr & Ms. Alonzon and Dawn Chapman Lori Sheely - MWW Clint Muche - ACA City Atty's position is that there was no negligence from the City, therefore he recommends denial; However, Ald. Bauman moved to settle this claim in the amount of $2,000.00. The Chapmans's did not accept this offer. Ald. Bauman moved to rescind this motion, he moved denial. This Resolution was RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 11. 220740 Resolution relating to the appeal of Manessa Sims for property damage. Appearing: MPD Heather Hough Clint Muche Manessa Sims Based on the City Attorney's recommendations and MPD testimony, Ald. Murphy moved denial. There were no objections. A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes May 22, 2023 COMMITTEE Excused 1- Chambers Jr. 12. 221032 Resolution relating to the appeal of David and Christie Melby-Gibbons for property damage. Appearing: Mr & Ms. David & Christie Melby-Gibbons Heather Hough - MPD Clint Muche - ACA After City attorney's recommendation and ACA Jennifer Williams made recommendations to pursue restitution, to the Melby-Gibbons, ald. Murphy moved to settled the claim in the amount of $800.00; Ald.Bauman opposed for committee not to set a precedent. Ald. Murphy withdrew his motion to settle and Bauman moved denial. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 13. 221223 Resolution relating to the appeal of Mario and Natsha Hardwick for property damage. Appearing: Clint Muche MFD Asst Chief Sharon Purify & Batalliion chief, Aaron Ms. Natasha & Mario Hardwick City Atty's recommendation recommend denial based on supporting documentation received. Based on claimant testimony and pictures presented to committee, Ald. Bauman moved to pay this claim in the amount of $4,560.00. Ald. Murphy objects. A motion was made by ALD. MURPHY that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 3- Borkowski, Bauman, and Taylor No 1- Murphy Excused 1- Chambers Jr. 221223 Substitute resolution relating to the claim of Mario and Natasha Hardwick. 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 Taylor City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes May 22, 2023 COMMITTEE No 1- Murphy Excused 1- Chambers Jr. 14. 221553 Resolution relating to the claim of Trevonn Smith. 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, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 15. 212045 Substitute resolution authorizing payment for legal services from Crivello Carlson, S.C., for legal services in the matter of Peden v. City of Milwaukee. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. Committee reconvened at 4:41 P.M. Present 5 - Borkowski, Bauman, Murphy, Chambers Jr., Taylor 16. 230105 Communication from the City Inspector General relating to the Report of Investigation Assessor’s Exemption of Property Taxes Processes Religious Organizations §70.11 Appearing: Ronda Kohlheim Nicole Larsen Bill Bowers Amy Turim Jim Klajbor At 11:30 AM this item was held in committee for a later time in the hearing. A motion was made by ALD. MURPHY that this Communication be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 17. 230066 Resolution authorizing payment for legal services from Foley & Lardner LLP, for legal services in the matter of United States ex rel. Dieter v. City City of Milwaukee Page 7 JUDICIARY & LEGISLATION Meeting Minutes May 22, 2023 COMMITTEE of Milwaukee. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 11:30 a.m. 18. 230148 Resolution establishing the City of Milwaukee's position relating to pending legislation affecting shared revenue, a local sales tax, and other matters. This Resolution was NOT ACTED ON The Judiciary and Legislation Committee may convene into closed session on Monday, May 22nd, 2023 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 may go into open session for the regular agenda. Meeting adjourned at 5:16 P.M. Joanna Polanco Staff Assistant This meeting will be webcast live at www.milwaukee.gov/channel25. NOTA: Para los clientes de cable de Spectrum que deseen ver subtítulos en español, ya están disponibles en el Canal de la Ciudad. En su control remoto de cable Spectrum, presione “MENÚ.” Seleccione “SUBTÍTULOS/CAPTIONS.” Use la flecha hacia abajo hasta “ESTÁNDAR/STANDARD,” luego use la flecha hacia arriba y cambie a “CC3.” City of Milwaukee Page 8 JUDICIARY & LEGISLATION Meeting Minutes May 22, 2023 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. City Hall and the Zeidler Municipal Building are accessible by "The Hop" City Hall Stations, the MCTS Green Line, Gold Line, 14, 15, 18, 19, 30, 33, and 57 bus routes. Visit https://www.ridemcts.com/ for more information. Bike racks are available on Water Street, Market Street, and Broadway, and a Bublr Bike Share station is located on the northeast corner of Kilbourn Avenue and Water Street. Limited parking for persons attending meetings during normal business hours is available at reduced rates (5 hour limit) at the Milwaukee Center on the southwest corner of Kilbourn Avenue and Water Street. You must present a copy of the meeting notice to the parking cashier. 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 9

Agenda

City Hall City of Milwaukee 200 East Wells Street Milwaukee, Wi 53202 Meeting Agenda JUDICIARY & LEGISLATION COMMITTEE ALD. MARK A. BORKOWSKI, CHAIR Ald. Robert J. Bauman, Vice-Chair Ald. Michael J. Murphy, Ald. Mark Chambers, Jr. and Ald. Larresa Taylor Staff Assistant, Joanna Polanco, 414-286-2366 Fax: 414-286-3456, jpolan@milwaukee.gov Legislative Liaison, Jeffrey Osterman, 414-286-2262, joster@milwaukee.gov Monday, May 22, 2023 9:00 AM Room 301-B, City Hall AMENDED 5/18/2023 Closed Session Language added for item #18, File Number 230148. 1. 221819 Substitute resolution authorizing the return of real estate located at 1641 N Franklin Place Unit 5, in the 3rd Aldermanic District to its former owner Michael J Whitcomb. Sponsors: THE CHAIR 2. 221753 Substitute resolution authorizing the return of real estate located at 5403 N 35th Street, in the 1st Aldermanic District to its former owner SCH Prop MGMT LLC applicaation made by SCH Prop MGT Attn: Atty David Halbrooks. Sponsors: THE CHAIR 3. 221751 Substitute resolution authorizing the return of real estate located at 3411 N 9th Street, in the 6th Aldermanic District to its former owner Arlington Heights Management LLC, application made by SCH Prop MGT Attn: Atty. David Halbrooks. Sponsors: THE CHAIR 4. 221752 Substitute resolution authorizing the return of real estate located at 3720 W Keefe Avenue, in the 7th Aldermanic District to its former owner S.C.H. Property Management LLC, application made by SCH Prop MGT Attn: Atty David Halbrooks. Sponsors: THE CHAIR 5. 221767 Substitute resolution authorizing the return of real estate located at 2842 N 12th Street, in the 15th Aldermanic District to its former owner Eddie Jones-Smith. Sponsors: THE CHAIR 6. 221860 Substitute resolution authorizing the return of real estate located at City of Milwaukee Page 1 Printed on 5/22/2023 JUDICIARY & LEGISLATION Meeting Agenda May 22, 2023 COMMITTEE 1633-35 N 18th Street, in the 15th Aldermanic District to its former owner Cassandra J Roberson. Sponsors: THE CHAIR 7. 230065 Resolution authorizing settlement of claims in the lawsuit entitled Rhythm, LLC v. City of Milwaukee Sponsors: THE CHAIR 8. 230080 Resolution authorizing settlement of claims in the lawsuit entitled Wisconsin Lutheran High School Conference v. City of Milwaukee Sponsors: THE CHAIR 9. 221729 Resolution relating to the appeal of Vanessa Sanders for property damage. Sponsors: THE CHAIR ---$1,000.00 10. 220977 Resolution relating to the claim of Alonzo and Dawn Chapman. Sponsors: THE CHAIR ---$6,200.00 11. 220740 Resolution relating to the appeal of Manessa Sims for property damage. Sponsors: THE CHAIR ---$1,511.16 12. 221032 Resolution relating to the appeal of David and Christie Melby-Gibbons for property damage. Sponsors: THE CHAIR ---$1,600.00 13. 221223 Resolution relating to the appeal of Mario and Natsha Hardwick for property damage. Sponsors: THE CHAIR ---$4,560.00 14. 221553 Resolution relating to the claim of Trevonn Smith. Sponsors: THE CHAIR ---$10,759.00 15. 212045 Substitute resolution authorizing payment for legal services from Crivello Carlson, S.C., for legal services in the matter of Peden v. City of Milwaukee. Sponsors: THE CHAIR 16. 230105 Communication from the City Inspector General relating to the Report of Investigation Assessor’s Exemption of Property Taxes Processes City of Milwaukee Page 2 Printed on 5/22/2023 JUDICIARY & LEGISLATION Meeting Agenda May 22, 2023 COMMITTEE Religious Organizations §70.11 Sponsors: THE CHAIR 17. 230066 Resolution authorizing payment for legal services from Foley & Lardner LLP, for legal services in the matter of United States ex rel. Dieter v. City of Milwaukee. Sponsors: THE CHAIR 11:30 a.m. 18. 230148 Resolution establishing the City of Milwaukee's position relating to pending legislation affecting shared revenue, a local sales tax, and other matters. Sponsors: THE CHAIR The Judiciary and Legislation Committee may convene into closed session on Monday, May 22nd, 2023 in Room 301-B, City Hall, 200 E. Wells St., Milwaukee, Wisconsin, pursuant to s. 19.85(1)(e), for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session and then may go into open session for the regular agenda. The Judiciary and Legislation Committee may convene into closed session on Monday, May 22nd, 2023 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 may go into open session for the regular agenda. This meeting will be webcast live at www.milwaukee.gov/channel25. NOTA: Para los clientes de cable de Spectrum que deseen ver subtítulos en español, ya están disponibles en el Canal de la Ciudad. En su control remoto de cable Spectrum, presione “MENÚ.” Seleccione “SUBTÍTULOS/CAPTIONS.” Use la flecha hacia abajo hasta “ESTÁNDAR/STANDARD,” luego use la flecha hacia arriba y cambie a “CC3.” 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 3 Printed on 5/22/2023 JUDICIARY & LEGISLATION Meeting Agenda May 22, 2023 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. City Hall and the Zeidler Municipal Building are accessible by "The Hop" City Hall Stations, the MCTS Green Line, Gold Line, 14, 15, 18, 19, 30, 33, and 57 bus routes. Visit https://www.ridemcts.com/ for more information. Bike racks are available on Water Street, Market Street, and Broadway, and a Bublr Bike Share station is located on the northeast corner of Kilbourn Avenue and Water Street. Limited parking for persons attending meetings during normal business hours is available at reduced rates (5 hour limit) at the Milwaukee Center on the southwest corner of Kilbourn Avenue and Water Street. You must present a copy of the meeting notice to the parking cashier. 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 5/22/2023