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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · June 12, 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, June 12, 2023 9:00 AM Room 301-B, City Hall 6/7/23 AMENDED Added closed session language to item #11 File Number 230246. Meeting convened at 9:04 AM Present 5 - Borkowski, Bauman, Murphy, Chambers Jr., Taylor 1. 221675 Resolution relating to the appeal of Manquenda McLaughlin for property damage. 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 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 2. 221050 Resolution relating to the claim of Happy Paws Groom and Day Care, LLC Appearing: ACA Clint Muche No one is present 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, Bauman, Murphy, Chambers Jr., and Taylor No 0 3. 210625 Resolution relating to the claim of Lisa M. Peterson. Appearing: ACA - Clint Muche City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes June 12, 2023 COMMITTEE Lisa Peterson, not present when called Representing Streetcart: Brian Hinkle & Abdrew Lackwood 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, Bauman, Murphy, Chambers Jr., and Taylor No 0 4. 221529 Resolution relating to the appeal of Mary Hinkle for property damage. Appearing: Ms. Hinkle ACA Clint Muche DPW Tom Wangerin A motion was made by ALD. TAYLOR that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 5. 220113 A substitute ordinance relating to revisions of the various provisions of the code for purposes of updating references, adjusting language and correcting errors. A motion was made by ALD. CHAMBERS JR. that this Ordinance be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 220113 A substitute ordinance relating to revisions of the various provisions of the code for purposes of updating references, adjusting language and correcting errors. A motion was made by ALD. CHAMBERS JR. that this Ordinance be RECOMMENDED FOR PASSAGE. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 6. 230178 An ordinance relating to departmental administrative costs for petitions to the circuit court by the city attorney’s office to reopen and vacate in rem tax foreclosure judgments. A motion was made by ALD. BAUMAN that this Ordinance be RECOMMENDED FOR PASSAGE. This motion PREVAILED by the following vote: City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes June 12, 2023 COMMITTEE Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 7. 230172 Resolution cancelling real estate taxes levied against certain parcels bearing tax key numbers on the 2020 and 2022 tax rolls, plus interest applicable to date of repayment, if appropriate. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 8. 230158 Resolution authorizing settlement of the lawsuit entitled Ladarius Marshall v. City of Milwaukee. A motion was made by ALD. CHAMBERS JR. that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 9. 230248 Resolution authorizing settlement of the lawsuit entitled Christine M. Zorn; James Zorn, et al. v. City of Milwaukee, et al., Milwaukee County Circuit Court Case Number 22-CV-003302. A motion was made by ALD. TAYLOR that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 10. 220280 Resolution amending Common Council File Number 212035 authorizing the Office of the City Attorney to retain outside legal counsel to provide legal services to the City of Milwaukee for the Equal Rights Division complaint and any related state or federal court litigation subsequently filed by former Assistant City Attorney Naomi Gehling. A motion was made by ALD. BAUMAN that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 220280 Substitute resolution amending Common Council File Number 212035 authorizing the Office of the City Attorney to retain outside legal counsel to provide legal services to the City of Milwaukee for the Equal Rights Division complaint and any related state or federal court litigation City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes June 12, 2023 COMMITTEE subsequently filed by former Assistant City Attorney Naomi Gehling. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 11:00 A.M. 11. 230246 Communication relating to the JusticePoint’s Municipal Court Alternatives Program. Appearing: ACA Kathryn Block Municipal Chief Court Administrator - Sheldyn Himle Judge Molly Gena Public Testimony: The Difference Principle Milwaukee: CEO Nick Sayner, COO Edward Gordon and Program Director Sue Eckhart Mr. Jackson - Believers for Change & MICAH Ms. Jeanne Geraci - Benedict Center Exc. Director Rev Joseph Ellwanger MICAH Ms. Barbara Robinson Retired Milwaukee Police Officer Pastor Richard Sawn - St Matthews Ms. Monica Cail, Director of Racial Justice Litigation and Advocacy Atty. Susan Lund - Legal Action of WI Atty Benjamin Edelstein - Legal Action of WI Atty. Caitlin Noonan - Legal Action of WI Ms. Mary Neubauer - Milwaukee County Mental Health Board Chairwoman Ms. Amanda Merkwae - ACLU Advocacy Director Atty. Erika Petty - Exec Director of Lotus Legal Clinic/Lead Atty. Atty. Arthur Heitzer - for the NLG, Milwaukee Chapter Ms. Shelly Sarasin - Co founder & Director of Street Angels Milwaukee Outreach Exc Director of Justice Point Ms. Susan Winicki - resident at 1610 N Prospect Ave Ms. Wendy Volz Daniels - Felmers Chaney Advocacy Board (FCAB) Mr. Emilio De Torre - Turner Hall Executive Director A motion was made by ALD. MURPHY that this Communication be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 1:00 P.M. 12. 230105 Communication from the City Inspector General relating to the Report of Investigation Assessor’s Exemption of Property Taxes Processes City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes June 12, 2023 COMMITTEE Religious Organizations §70.11 Appearing: Ms. Ronda Kohlheim - IG Ms. Nicole Larsen - City Assesor Mr. Bill Bowers - Deputy City Assessor Pastor's Testimony: Steven Tipton - El Bethel Church of God in Christ 5401 Good Hope Rd Martin Childs - Pilgrim Rest Missionary Baptist Church 3456 N 38th Street Sean Tatum, Sr., Rev. Joseph Ms. Tanetta Jackson A motion was made by ALD. TAYLOR that this Communication be HELD TO CALL OF THE CHAIR. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Chambers Jr., and Taylor No 0 Excused 1- Bauman The Judiciary and Legislation Committee may convene into closed session on Monday, June 12th, 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. Meeting adjourned at 3:01 PM Joanna Polanco Staff Assistant 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 5 JUDICIARY & LEGISLATION Meeting Minutes June 12, 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 6

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, June 12, 2023 9:00 AM Room 301-B, City Hall 6/7/23 AMENDED Added closed session language to item #11 File Number 230246. 1. 221675 Resolution relating to the appeal of Manquenda McLaughlin for property damage. Sponsors: THE CHAIR ---$658.78 2. 221050 Resolution relating to the claim of Happy Paws Groom and Day Care, LLC Sponsors: THE CHAIR ---$56,467.47 3. 210625 Resolution relating to the claim of Lisa M. Peterson. Sponsors: THE CHAIR ---$50,000.00 4. 221529 Resolution relating to the appeal of Mary Hinkle for property damage. Sponsors: THE CHAIR ---382.44 5. 220113 A substitute ordinance relating to revisions of the various provisions of the code for purposes of updating references, adjusting language and correcting errors. Sponsors: THE CHAIR 6. 230178 An ordinance relating to departmental administrative costs for petitions to the circuit court by the city attorney’s office to reopen and vacate in rem tax foreclosure judgments. Sponsors: THE CHAIR 7. 230172 Resolution cancelling real estate taxes levied against certain parcels City of Milwaukee Page 1 Printed on 6/7/2023 JUDICIARY & LEGISLATION Meeting Agenda June 12, 2023 COMMITTEE bearing tax key numbers on the 2020 and 2022 tax rolls, plus interest applicable to date of repayment, if appropriate. Sponsors: THE CHAIR 8. 230158 Resolution authorizing settlement of the lawsuit entitled Ladarius Marshall v. City of Milwaukee. Sponsors: THE CHAIR 9. 230248 Resolution authorizing settlement of the lawsuit entitled Christine M. Zorn; James Zorn, et al. v. City of Milwaukee, et al., Milwaukee County Circuit Court Case Number 22-CV-003302. Sponsors: THE CHAIR 10. 220280 Resolution amending Common Council File Number 212035 authorizing the Office of the City Attorney to retain outside legal counsel to provide legal services to the City of Milwaukee for the Equal Rights Division complaint and any related state or federal court litigation subsequently filed by former Assistant City Attorney Naomi Gehling. Sponsors: THE CHAIR 11:00 A.M. 11. 230246 Communication relating to the JusticePoint’s Municipal Court Alternatives Program. Sponsors: THE CHAIR The Judiciary and Legislation Committee may convene into closed session on Monday, June 12th, 2023 in Room 301-B, City Hall, 200 E. Wells St., Milwaukee, Wisconsin, pursuant to ss. 19.85(1)(e) and (g), Wis. Stats., for the purpose of deliberating or negotiating investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, and for 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 may then return to open session to continue on with the remainder of agenda. 1:00 P.M. 12. 230105 Communication from the City Inspector General relating to the Report of Investigation Assessor’s Exemption of Property Taxes Processes Religious Organizations §70.11 Sponsors: THE CHAIR The Judiciary and Legislation Committee may convene into closed session on Monday, June 12th, 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. City of Milwaukee Page 2 Printed on 6/7/2023 JUDICIARY & LEGISLATION Meeting Agenda June 12, 2023 COMMITTEE 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. 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 3 Printed on 6/7/2023