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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · October 2, 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, October 2, 2023 9:00 AM Room 301-B, City Hall Meeting convened at 9:10 AM Present 5 - Borkowski, Bauman, Murphy, Chambers Jr., Taylor 1. 230579 Resolution relating to the claim of Aleman, LLC. Appearing: Power of Atty. for Aleman LLC Antonella Aleman - Zientek and her husband, Jeffrey Zinteck Brain Field - City Field Operator Patty Doherty on behalf of Ald. Zamarripa's office A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion FAILED by the following vote: Aye 2- Bauman, and Taylor No 3- Borkowski, Murphy, and Chambers Jr. Not withstanding the City Attorney's recommendation and City Department's testimonies, Ald.Chambers asked the claimants to provide proof of their insurance deductible amount, and moved to settle the claim in an amount not higher than $2000.00 to cover for their deductible. There was one objections. A motion was made by ALD. CHAMBERS JR. that this Resolution be AMENDED. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Chambers Jr., and Taylor No 1- Bauman 230579 City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes October 2, 2023 COMMITTEE A motion was made by ALD. CHAMBERS JR. that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 4- Borkowski, Murphy, Chambers Jr., and Taylor No 1- Bauman 2. 230463 Resolution relating to the appeal of Annette Williams for property damage. Appearing: Ms. Annette Williams on behalf of Teresa Breitrick - MEEMIC Asst Atty Clint Muche MPD representatives Claim was received after the 120 days required. Ald. 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 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 3. 230525 Resolution relating to the claim of Church Mutual Insurance. 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. 221553 Resolution relating to the claim of Trevonn Smith. Appearing: Trevon Smith Peter Knox MPD Representatives A motion was made by ALD. CHAMBERS JR. 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. 230081 Resolution relating to the claim of Caitlin Hagness. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes October 2, 2023 COMMITTEE the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 6. 221913 Resolution relating to the claim of Bell Ambulance. 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 7. 230402 Resolution relating to the appeal of Trina Dennis for property damage. Appearing: Sewer - Jason Sanders Asst City Atty. Clint Muche Ms. Trina Dennis - Claimant Based on the City Department's testimony and the recommendation of the Asst. City Attorney; Ald. 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 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 8. 230279 Resolution to the claim of Justin and Tierra Nemitz. A motion was made by ALD. CHAMBERS JR. 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 9. 230161 Resolution relating to the claim of Tonya Tisdale. Appearing: Tonya Tisdale Lori Sheeley - MWW Jason Sanders - Sewers Asst City Atty Clint Muche Based on city department's testimony and recommendation of the City Attorney, Ald. Bauman moved denial A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes October 2, 2023 COMMITTEE the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 1- Chambers Jr. 10. 230163 Resolution relating to the claim of Timothy Stotts. Appearing: Mr. Stotts Asst City Atty - Clint Muche Jason Sanders Lori Sheeley Based on city department's testimony and recommendation of the City Attorney, Ald. 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 1- Chambers Jr. 11. 230204 Resolution relating to the claim of Roy Rockette. Mr. Roy Rockette & Lula Rockette Jason Sanders Lori Sheeley Based on city department's testimony and recommendation of the City Attorney, Ald. 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 1- Chambers Jr. 12. 230276 Resolution relating to the claim of John L. and Sherka Harris/National Subrogation Services While no one was present when called, 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 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes October 2, 2023 COMMITTEE 13. 230770 Resolution authorizing settlement of the lawsuit entitled Trevon Jackson; Yazmen Pierce v. City of Milwaukee, et al., Milwaukee County Circuit Court Case Number 22-CV-000121. Appearing: Jennifer Williams - Deputy CA 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. 14. 230803 Substitute resolution authorizing the return of real estate located at 2717 W Auer Avenue, in the 7th Aldermanic District to its former owner Affinity Business Group, LLC. 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 15. 230797 Resolution relating to the acceptance of funding from the Wisconsin Elections Commission’s 2023 Absentee Ballot Envelope Subgrant Program by the Election Commission. 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 16. 230699 Resolution authorizing payment of the claim of Tom Sowinski, C.I. File No. 1048-2022-1151. 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 17. 230743 Resolution authorizing settlement of the lawsuit entitled Arthur Ward, et al. v. City of Milwaukee, et al., Milwaukee County Circuit Court Case Number 22-CV-003736. 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 5 JUDICIARY & LEGISLATION Meeting Minutes October 2, 2023 COMMITTEE Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 18. 230750 Resolution amending a contract with Halling & Cayo in the matter of Andrade 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 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 19. 230786 Resolution approving a settlement of the lawsuit entitled Travelt McDonald v. Robert Gregory, et al, Case No. 22CV4885. 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 20. 210409 Substitute resolution relative to legislative bills. --- LRB-2474 Fleeing an officer and providing a penalty. Chambers - Support 4-0 Taylor Excused --- LRB-3416 Exempting tobacco bars from the public smoking bans Bauman - Support 4-0 Taylor Excused --- AB-436 Requiring an employer to provide reasonable break time and accommodations for an employee who is breastfeeding the employee's child to express breast milk for the child. Support 5-0 --- SB-439 Declaring discriminatory restrictions in instruments that affect real property void and unenforceable and allowing an owner of real property to discharge and release such a discriminatory restriction. Support 5-0 --- SB-433 Timeline for sending or transmitting presidential preference primary absentee ballots. Support 5-0 A motion was made by ALD. BAUMAN that this Resolution be AMENDED. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 210409 Substitute resolution relative to legislative bills. City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes October 2, 2023 COMMITTEE 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 21. 211687 Resolution relative to legislative bills. Committee is in support of this bill. Murphy 5-0 A motion was made by ALD. MURPHY that this Resolution be AMENDED. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 211687 Substitute resolution relative to legislative bill. A motion was made by ALD. MURPHY 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 The Judiciary and Legislation Committee may convene into closed session on Monday, October 2, 2023, in Room 301-B, City Hall, 200 E. Wells St., Milwaukee, Wisconsin, under s. 19.85 (1) (e), Wis. Stats., 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. There will also be discussion under s. 19.85(1)(g), Wis. Stats., that will include 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. The committee may then go into open session for its regular agenda. This meeting will be webcast live at www.milwaukee.gov/channel25. Meeting adjourned at 12:54 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 7 JUDICIARY & LEGISLATION Meeting Minutes October 2, 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 8

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, October 2, 2023 9:00 AM Room 301-B, City Hall 1. 230579 Resolution relating to the claim of Aleman, LLC. Sponsors: THE CHAIR ---$6,700.00 - $6,890.00 2. 230463 Resolution relating to the appeal of Annette Williams for property damage. Sponsors: THE CHAIR ---$5,295.48 3. 230525 Resolution relating to the claim of Church Mutual Insurance. Sponsors: THE CHAIR ---$9,558.06 4. 221553 Resolution relating to the claim of Trevonn Smith. Sponsors: THE CHAIR ---$10,759.00 5. 230081 Resolution relating to the claim of Caitlin Hagness. Sponsors: THE CHAIR ---$25,000.00 6. 221913 Resolution relating to the claim of Bell Ambulance. Sponsors: THE CHAIR ---$549,699.56 7. 230402 Resolution relating to the appeal of Trina Dennis for property damage. Sponsors: THE CHAIR ---$5,000.00 8. 230279 Resolution to the claim of Justin and Tierra Nemitz. City of Milwaukee Page 1 Printed on 10/2/2023 JUDICIARY & LEGISLATION Meeting Agenda October 2, 2023 COMMITTEE Sponsors: THE CHAIR ---$13,000.00 9. 230161 Resolution relating to the claim of Tonya Tisdale. Sponsors: THE CHAIR ---$40,454.57 10. 230163 Resolution relating to the claim of Timothy Stotts. Sponsors: THE CHAIR ---$20,100.00 11. 230204 Resolution relating to the claim of Roy Rockette. Sponsors: THE CHAIR ---$29,413.91 12. 230276 Resolution relating to the claim of John L. and Sherka Harris/National Subrogation Services Sponsors: THE CHAIR ---$60,175.08 13. 230770 Resolution authorizing settlement of the lawsuit entitled Trevon Jackson; Yazmen Pierce v. City of Milwaukee, et al., Milwaukee County Circuit Court Case Number 22-CV-000121. Sponsors: THE CHAIR 14. 230803 Substitute resolution authorizing the return of real estate located at 2717 W Auer Avenue, in the 7th Aldermanic District to its former owner Affinity Business Group, LLC. Sponsors: THE CHAIR 15. 230797 Resolution relating to the acceptance of funding from the Wisconsin Elections Commission’s 2023 Absentee Ballot Envelope Subgrant Program by the Election Commission. Sponsors: THE CHAIR 16. 230699 Resolution authorizing payment of the claim of Tom Sowinski, C.I. File No. 1048-2022-1151. Sponsors: THE CHAIR 17. 230743 Resolution authorizing settlement of the lawsuit entitled Arthur Ward, et al. v. City of Milwaukee, et al., Milwaukee County Circuit Court Case Number 22-CV-003736. Sponsors: THE CHAIR 18. 230750 Resolution amending a contract with Halling & Cayo in the matter of Andrade v. City of Milwaukee. City of Milwaukee Page 2 Printed on 10/2/2023 JUDICIARY & LEGISLATION Meeting Agenda October 2, 2023 COMMITTEE Sponsors: THE CHAIR 19. 230786 Resolution approving a settlement of the lawsuit entitled Travelt McDonald v. Robert Gregory, et al, Case No. 22CV4885. Sponsors: THE CHAIR 20. 210409 Substitute resolution relative to legislative bills. Sponsors: THE CHAIR --- LRB-2474 Fleeing an officer and providing a penalty. --- LRB-3416 Exempting tobacco bars from the public smoking bans --- AB-436 Requiring an employer to provide reasonable break time and accommodations for an employee who is breastfeeding the employee's child to express breast milk for the child. --- SB-439 Declaring discriminatory restrictions in instruments that affect real property void and unenforceable and allowing an owner of real property to discharge and release such a discriminatory restriction. --- SB-433 Timeline for sending or transmitting presidential preference primary absentee ballots. 21. 211687 Resolution relative to legislative bills. Sponsors: THE CHAIR -- SB-410 Impoundment of vehicles used in certain traffic offenses. The Judiciary and Legislation Committee may convene into closed session on Monday, October 2, 2023, in Room 301-B, City Hall, 200 E. Wells St., Milwaukee, Wisconsin, under s. 19.85 (1) (e), Wis. Stats., 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. There will also be discussion under s. 19.85(1)(g), Wis. Stats., that will include 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. The committee may then go into open session for its 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.” City of Milwaukee Page 3 Printed on 10/2/2023 JUDICIARY & LEGISLATION Meeting Agenda October 2, 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 4 Printed on 10/2/2023