JUDICIARY & LEGISLATION COMMITTEE
Regular MeetingMilwaukee, WI · October 2, 2023
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
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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
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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
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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.
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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:
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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.
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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