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JUDICIARY & LEGISLATION COMMITTEE

Regular Meeting

Milwaukee, WI · February 21, 2024

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 Wednesday, February 21, 2024 9:00 AM Room 301-B, City Hall Meeting convened at 9:04 AM Present 5 - Borkowski, Bauman, Murphy, Chambers Jr., Taylor 1. 231351 Substitute resolution authorizing the return of real estate located at 5038 N 19th Place, in the 1st Aldermanic District to its former owner Dwight D Leachmon. Per email received 2/20/24 from Mr. Leachmon Tomorrow (02/21/2024) I am scheduled for a hearing. Unfortunately, I will be unable to attend this hearing. Can I please be rescheduled for a future hearing? I qualify and applied for the Wisconsin Help for Homeowners Program which provides tax foreclosure assistance. The SDC services residents of Milwaukee. My application was submitted 01/29/2024 and has now been assigned to a case manager. Once my application is verified and finalized the program mails payment directly to city for my delinquent taxes. I’ve reached out to my case manager to see if I can get an exact date and amount of the payment. I will convey to you that information once I receive it. Asst Atty, Hannah Jahn said that the Homeowners Program will be coming to its conclusion and the likely hood of the approval of this application is very low. Ald. Murphy moved denial of this return based on this testimony, he also stated to Ms. Jahn that if anything different would surfaced prior to council, things could changed. A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR PLACING ON FILE. This motion PREVAILED by the following vote: Aye 5- Borkowski, Bauman, Murphy, Chambers Jr., and Taylor No 0 2. 231549 Substitute resolution authorizing the return of real estate located at City of Milwaukee Page 1 JUDICIARY & LEGISLATION Meeting Minutes February 21, 2024 COMMITTEE 3149 N 78th Street, in the 5th Aldermanic District, to its former owner Joanne Kalkhoff. Appeared: Son of Ms. Kalkhoff 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 3. 231433 Substitute resolution authorizing the return of real estate located at 2922 N 16th Street, in the 6th Aldermanic District to its former owner Beatrice Carnes/Karen A. Carnes, application made by Evan Carnes (Heir). Mr. Evan Carnes Deborah MccOllum- Gathing Odalo Ohiku Tanz Rome Jim Klajbor Following unpaid charges/fees need to be paid prior to the next Council, February 27, 2024. DNS fees $4,673.60 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 4. 231434 Substitute resolution authorizing the return of real estate located at 2808-2810 N 48th Street, in the 7th Aldermanic District to its former owner Tyler M. Brown, application made by Columbia Savings & Loan. Based on the request to hold this item, per the Columbia Saving and Loan representative, Ald. Murphy moved to hold. A motion was made by ALD. MURPHY 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 5. 231386 Substitute resolution authorizing the return of real estate located at 7020 W Mill Road, in the 9th Aldermanic District to its former owner, Brenda Marie Ackland c/o Nicole Harvie (POA). Per communication received on 2/19/24 from Nicole Harvie, FPOA for Brenda Ackland, City of Milwaukee Page 2 JUDICIARY & LEGISLATION Meeting Minutes February 21, 2024 COMMITTEE In regards to the upcoming court hearing for the return of Real Estate at 7020 W. Mill Rd on Wed, Feb. 21st; I've been made aware of a conflict for the court hearing and an out-of-state work training. I'm hoping to reschedule the court hearing. Can we change the date once more? Ald. Bauman moved to hold, based on this request. 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 6. 231559 Substitute resolution authorizing the return of real estate located at 1800 N 48th Street, in the 10th Aldermanic District, to its former owner Shirley M Fijalkowski. Per phone conversation with Ms. Shirley Fijalkowski on 2/20/24 who would be unable to attend this meeting due to being sick. Ald. Murphy moved to hold. A motion was made by ALD. MURPHY 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 7. 231558 Substitute resolution authorizing the return of real estate located at 2325 - 2327 N Sherman BLVD, in the 15th Aldermanic District, to its former owner Sunny Sky Properties LLC Attn: Martin Bethke. Mr. Martin Bethke was present Following unpaid charges/fees need to be paid prior to the next Council, February 27, 2024. DNS Special charges $254.00 Applicant also has owenership interest at 2828 N 49th Street 2023 delinquent taxes $4,974.45 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 8. 230462 Resolution relating to the appeal of Dale Evers for property damage. Appearing: Asst Atty. Clint Muche City of Milwaukee Page 3 JUDICIARY & LEGISLATION Meeting Minutes February 21, 2024 COMMITTEE No one appeared on behalf of Dale Evers Although this was the first time this claim was scheduled, other claims have come before the committee of the same nature; and based on the City Attorney's recommendation, Ald. Chambers moved denial. There were no objections. 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 9. 230700 Resolution relating to the claim of Sabrina Wade. Asst Atty. Clint Muche DPW Streets - Carnita Rembert Atty. Eric Andrew from Dunk Law Firm, appearing for Ms. Sabrina Wade Ald. Bauman moved denial of this claim, based on the committee's capability to address a claim of this nature and amount. 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 10. 231057 Resolution relating to the claim of Edward Hill. Asst City Atty. Clint Muche Edward Hill Manager Tow Lot - Peter Knox Based on the City Atty's recommendation, Tow Lot testimony, 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 11. 230771 Resolution relating to the appeal of Jamal LaBlanc for property damage. Asst. City Atty. Clint Muche DPW Streets Carnita Rembert Jamal LeBlanc via GTM Based on City Atty's recommendation, Ald. Bauman moved denial. A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED City of Milwaukee Page 4 JUDICIARY & LEGISLATION Meeting Minutes February 21, 2024 COMMITTEE FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 4- Borkowski, Bauman, Murphy, and Taylor No 0 Excused 1- Chambers Jr. 12. 231324 Resolution relating to the claim of Crystal Hurd. Clint Muche - Asst City Atty. Jason Sanders - Sewer Elizabeth Garza - Sewer Justin Hurd , husband of Ms. Crystal Hurd A motion was made by ALD. MURPHY 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 13. 230380 Resolution relating to the appeal of Allison R. Schneider for property damage. Asst City Atty. - Clint Muche Brian Fields - DPW Fleet Allison R. Schneider Not withstanding the City Attorney's recommendation, Ald. Bauman moved to approve the settlement of this claim in the amount of $1,502.95 A motion was made by ALD. BAUMAN that this Resolution be RECOMMENDED FOR ADOPTION. This motion FAILED by the following vote: Aye 2- Borkowski, and Bauman No 3- Murphy, Chambers Jr., and Taylor Based on the recommendation of the City Attorney and the City Department's testimony, Ald. Murphy moved denial. A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR DISALLOWANCE & INDEF. POSTPONEMENT. This motion PREVAILED by the following vote: Aye 3- Murphy, Chambers Jr., and Taylor No 2- Borkowski, and Bauman 14. 231540 Resolution relating to the claim of I’Rhiana Thompson (minor); Lawanda Withers (Mother) Asst City Atty. Clint Muche Lawanda Withers (mother) & I'Rhiana Thompson (minor) appeared with Counsel, Kirsten Hendra - Karp / Iancu Family Law City of Milwaukee Page 5 JUDICIARY & LEGISLATION Meeting Minutes February 21, 2024 COMMITTEE 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 15. 231100 Resolution authorizing payment of costs and attorneys’ fees in the lawsuit entitled Citizen Complaint of Mr. Toccaro Harris Against Officers Richard Michalak and Jacob Baczak, FPC No. 2022-088. Appearing: Jennifer Wiliams - Deputy City Attorney 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 16. 231600 Resolution approving the settlement of the lawsuit entitled Naomi Gehling v. City of Milwaukee (City Attorney’s Office), Equal Rights Division Case No. CR202200320, cross-filed with the U.S. Equal Employment Opportunity Commission as Charge No. 26G202200485, and appropriating up to $40,000.00 from the Common Council Contingent Fund for this purpose. Appearing: Deputy City Atty. Todd Farris Outside Counsel Daniel Finerty - Lindner & Marsck S.C. 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 231600 Substitute resolution approving the settlement of the lawsuit entitled Naomi Gehling v. City of Milwaukee, Equal Rights Division Case No. CR202200320, cross-filed with the U.S. Equal Employment Opportunity Commission as Charge No. 26G202200485 and appropriating funds for this purpose. 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 17. 231606 Resolution approving a contract between the City of Milwaukee and Chenhalls Nissen, S.C. for legal services relating to securing an employment-based nonimmigrant visa for a Health Department City of Milwaukee Page 6 JUDICIARY & LEGISLATION Meeting Minutes February 21, 2024 COMMITTEE employee. Appearing: Lindsey O'Connor - MHD Human Resources Dr David Payne - MHD Lab Theresa Montag - Asst City Atty A motion was made by ALD. MURPHY that this Resolution be SUBSTITUTED. This motion PREVAILED by the following vote: Aye 3- Borkowski, Murphy, and Taylor No 0 Excused 2- Bauman, and Chambers Jr. 231606 Substitute resolution approving a contract between the City of Milwaukee and Chenhalls Nissen, S.C. for legal services relating to securing an employment-based nonimmigrant visa for a Health Department employee. A motion was made by ALD. MURPHY that this Resolution be RECOMMENDED FOR ADOPTION. This motion PREVAILED by the following vote: Aye 3- Borkowski, Murphy, and Taylor No 0 Excused 2- Bauman, and Chambers Jr. The Judiciary and Legislation Committee may convene into closed session on Wednesday, February 21, 2024, 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 11:48 AM 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 February 21, 2024 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, Connect 1, 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 Wednesday, February 21, 2024 9:00 AM Room 301-B, City Hall 1. 231351 Substitute resolution authorizing the return of real estate located at 5038 N 19th Place, in the 1st Aldermanic District to its former owner Dwight D Leachmon. Sponsors: THE CHAIR 2. 231549 Substitute resolution authorizing the return of real estate located at 3149 N 78th Street, in the 5th Aldermanic District, to its former owner Joanne Kalkhoff. Sponsors: THE CHAIR 3. 231433 Substitute resolution authorizing the return of real estate located at 2922 N 16th Street, in the 6th Aldermanic District to its former owner Beatrice Carnes/Karen A. Carnes, application made by Evan Carnes (Heir). Sponsors: THE CHAIR 4. 231434 Substitute resolution authorizing the return of real estate located at 2808-2810 N 48th Street, in the 7th Aldermanic District to its former owner Tyler M. Brown, application made by Columbia Savings & Loan. Sponsors: THE CHAIR 5. 231386 Substitute resolution authorizing the return of real estate located at 7020 W Mill Road, in the 9th Aldermanic District to its former owner, Brenda Marie Ackland c/o Nicole Harvie (POA). Sponsors: THE CHAIR 6. 231559 Substitute resolution authorizing the return of real estate located at 1800 N 48th Street, in the 10th Aldermanic District, to its former owner Shirley M Fijalkowski. Sponsors: THE CHAIR 7. 231558 Substitute resolution authorizing the return of real estate located at 2325 - 2327 N Sherman BLVD, in the 15th Aldermanic District, to its former City of Milwaukee Page 1 Printed on 2/21/2024 JUDICIARY & LEGISLATION Meeting Agenda February 21, 2024 COMMITTEE owner Sunny Sky Properties LLC Attn: Martin Bethke. Sponsors: THE CHAIR 8. 230462 Resolution relating to the appeal of Dale Evers for property damage. Sponsors: THE CHAIR --$2,676.10 9. 230700 Resolution relating to the claim of Sabrina Wade. Sponsors: THE CHAIR ---$178,173.07 10. 231057 Resolution relating to the claim of Edward Hill. Sponsors: THE CHAIR ---$31,717.37 11. 230771 Resolution relating to the appeal of Jamal LaBlanc for property damage. Sponsors: THE CHAIR ---$2,804.93 based of the estimate included in file. 12. 231324 Resolution relating to the claim of Crystal Hurd. Sponsors: THE CHAIR ---$6,513.50 13. 230380 Resolution relating to the appeal of Allison R. Schneider for property damage. Sponsors: THE CHAIR ---$1,502.95 14. 231540 Resolution relating to the claim of I’Rhiana Thompson (minor); Lawanda Withers (Mother) Sponsors: THE CHAIR ---$252,700.00 15. 231100 Resolution authorizing payment of costs and attorneys’ fees in the lawsuit entitled Citizen Complaint of Mr. Toccaro Harris Against Officers Richard Michalak and Jacob Baczak, FPC No. 2022-088. Sponsors: THE CHAIR 16. 231600 Resolution approving the settlement of the lawsuit entitled Naomi Gehling v. City of Milwaukee (City Attorney’s Office), Equal Rights Division Case No. CR202200320, cross-filed with the U.S. Equal Employment Opportunity Commission as Charge No. 26G202200485, and appropriating up to $40,000.00 from the Common Council Contingent Fund for this purpose. Sponsors: THE CHAIR City of Milwaukee Page 2 Printed on 2/21/2024 JUDICIARY & LEGISLATION Meeting Agenda February 21, 2024 COMMITTEE 17. 231606 Resolution approving a contract between the City of Milwaukee and Chenhalls Nissen, S.C. for legal services relating to securing an employment-based nonimmigrant visa for a Health Department employee. Sponsors: THE CHAIR The Judiciary and Legislation Committee may convene into closed session on Wednesday, February 21, 2024, 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. 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 of Milwaukee Page 3 Printed on 2/21/2024 JUDICIARY & LEGISLATION Meeting Agenda February 21, 2024 COMMITTEE City Hall and the Zeidler Municipal Building are accessible by "The Hop" City Hall Stations, the MCTS Green Line, Connect 1, 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 2/21/2024