 September 17th Common Council meeting with the clerk read the court of the day How wonderful it is that nobody need wait a single moment before starting to improve the world Thank you We call the roll please 14 present a Quorum is quit present Alderman Longman and Lewandowski are excused Pledge of Allegiance with Alderman Donahue would lead us in a pledge of allegiance Of the United States of America and to the Republic for which it stands one nation under God Indivisible with liberty and justice for all Thank you All the remaining ham and approval of the minutes. Thank you. Mr. Mayor I move we approve the minutes of the previous council meeting back It's been moved and seconded to approve the minutes of the previous council meeting. Is there any changes or discussion? Hearing none the clerk will call the roll 14 eyes Well she carries Confirmation of the mayor's appointments. This was submitted at the last council meeting hereby submit the following appointments for your confirmation to the business improvement district David gas Tom Brickley Mike van der steen David Hanneman David Sanderson Caitlyn Brotz Mike Miller Eileen Simons William Holbrook Larry Schaefer and Chad Pellecek all terms beginning 9 4 12 and expiring 9 30 13 for the first five and 9 30 14 for the last six that I met All of them in him. Thank you. Mr. Mayor a motion to confirm second. It's been moving seconded to confirm the appointments Is there any discussion? Hearing none the clerk will call the roll 14 eyes Motion carries Public forum tonight. We have one soul person and that would be Jim Amodio Mr. Amodio, can we have your home address, please? 23 South Hiawatha Circle, Sheboygan Thank you, thank you mayor and council At the last meeting we had two weeks ago. There were some comments that were made in regards to ambulance collections And I just want to set the record straight The Statement was made that Ambulance net revenues collected year-to-date through July were 41 percent In actuality through August they are 73 percent and for the entire year in 2011 they were 77 percent that's in a book that is published as well and I have a copy in my office or you can subscribe to it It's called Wisconsin taxpayers alliance and they publish a lot of data about me municipalities and different sizes We fall into the large which is Populations of between 30 and 150,000 there are 23 municipalities in that group One of the comments was made that Some of the cities have a lower cost Per capita than Sheboygan does and in fact based on 2010 data Sheboygan has the seventh lowest cost per capita of the 23 cities between 30 and 150,000 in population during 2010 When you include ambulance revenues and other revenues that the fire department takes in The net revenue or the net per capita cost is the second lowest in that group of 23 municipalities There was reference made also to cities of Beloit, Fond du Lac La Crosse Wauwatosa, Wausau Each one of these cities mentioned except for one has a higher cost per capita Gross and net than the city of Sheboygan does The other statement that was made was About fire stations and the number of fire stations and the cities. I just mentioned have fewer than five fire stations The real issue is is they have more firefighters in less stations or else their cost per capita would not be greater than ours We have five stations spread out a Very thin line to cover the city In closing a fire station, there's not a big savings. We've talked about this many times It's between twenty five and fifty thousand dollars the cost of the utilities to run the fire station The real issue we have is in the number of firefighters if we Chose to include the firefighters that live in those stations According to the National Fire Protection Agency Their standard is no less than 15 firefighters Have to be present at a fire to fight a fire in the interior of that dwelling We're currently at the minimum staffing we staff 24-7 we're at 15 firefighters And it says that if we close the station and reduced the number of firefighters We would actually have to call in people to do that and not have them sitting in stations We have roughly on the average of three three people per station per shift with five firefighters When we first started the ambulance service the revenue that we generated in the first year, which was 2008 was seven hundred and thirty seven thousand Our projection for 2012 is one point one million significant growth in just four years and The expected contribution based on discussions with the chief Herman is about five hundred and fifty thousand dollars To the general fund this year so a significant contribution that we otherwise wouldn't have if we had the amp did not have the ambulance service Thanks All right Their mayor's announcements. I have a few things tonight First of all, we would ask to remind everybody will have a joint meeting on Wednesday at six o'clock at Blue Harbor with the county We'll be giving an update on the joint Dispatch and where we're at both city and county at that point if you could Attend it to be appreciated. It is open to the public. We'll start at six o'clock at Blue Harbor Second of all, I'd like to Personally thank the management of of pig will wiggly For and the unions Both from pig will wiggly for announcing that they are going to be staying in Sheboygan It's it's great that their home is here in Sheboygan and that keeping this store and and moving forward Between all three members the labor of the employees the owners And the property owners to be able over the last month to sit down and work things out. It's I think Great for our city to continue Third thing I'd like to mention that Miesfeldt's Lakeshore weekend was a big success and I saw Some of them in the last week and they were able to give a hundred and six thousand dollars and five one hundred and six and Five hundred dollars to Children's Hospital because of their successful weekend. So again, thank you for for their input Last I saw Alderman Lewandowski today He sends his wishes to all of you and thank you for the people that have contacted him. He's doing fine And he's looking forward to coming back and joining us. He might be watching us tonight He got a new laptop and if he is Scott we wish you all well and hurry back So that that'll be it for tonight We now have the elections of the Board of Water Commissioners Alderman Hammond There I move that we open the floor for nominations to the Board of Water Commissioners, right? It's been moved and seconded to open the floor for nominations of the Board of Water Commissioners Alderman Hammond Thank You. Mr. Mayor. I'd like to place in the nomination mr. Mark hints It's been moved and seconded that we place in nominations mark hints Is there any further nominations is there any further nominations is there any further nominations Alderman Hyman, thank you, mr. Mary move that we direct the city clerk to Cassie unanimous ballot for mark hints as The new member of the Board of Water Commissioners It's been moving seconded to close the balloting in Cassie unanimous unanimous ballot in favor of mark hints for new member of the Board of Water Commissioners All those in favor signify by saying aye. Hi Opposed Motion carried We now have a public hearing to amend the Sheboygan official zoning map to change the use district Classification from you urban residential to suburban commercial Anybody here for the hearing? Anybody want to speak on the hearing? Anybody want to speak on the hearing Alderman Hammond? Thank You mr. Mayor motion to close the hearing second. It's been moving seconded to close the hearing clerk will call the roll 14 eyes motion carried to the consent agenda On 3 1 through 3 18 Alderman Hammond. Thank You mr. Mayor I move to accept and file our always accept and adopt our all season put all resolutions upon their passage second It's been moving seconded to pass and accept our all RC's accept all community reports and pass all Options under discussion Alderman versey. Thank you. I'd like to be able to pull a 315 for separate vote please 315 did you say correct? We will act on 315 first from law and licensing recommending granting various licenses any discussion Hearing none clerk will call the roll We're moving to accept and adopt Alderman versey Dave 13 eyes on one abstention Motion carries. We'll go back to 3 1 through 3 18. Is there any discussion on the consent agenda? Hearing none the clerk will call the roll. I'll get back there 14 eyes Motion carried for one a communication from all in the board and submitting articles from the Milwaukee Journal will be referred to finance and strategic planning 5 1 through 5 5 will be referred 6 1 on resolution from Alderman Hammond Executing a quick plain deed on the property 705 Riverfront Drive will be referred to finance 6 to a resolution from Alderman Vandal Willie authorizing city attorney to engage in special outside counsel for representing law and licensing committee Alderman I move to suspend the rules Second it's been moved and seconded to suspend the rules discussion for a suspension of rules Hearing none will vote then on suspending the rules 12 eyes to nose Motion carries all of them in Vandal Willie on the resolution then It's a resolution for the law licensing to go ahead with a quasi judicial hearing and we need the outside counsel to We need to kind of right away. I guess it's been moved. Is there a second? Second it's been moved and seconded to Approve the resolution to hire it all outside counsel Alderman Hey, thank you, ma'am. I'm not going to support this motion I went to the law and licensing committee meeting and at that meeting the clerk that made the violation as far as selling the underage cigarettes Receive the warning That's all she received was a warrant But yet the committee thought it was more important to bring the business owner back in To try to take his license away for 10 days a Warning versus 10 days of not being able to sell a product in the store I don't believe that the punishment justifies the crime. Thank you All the men born Thank You mayor Can somebody tell me whether mr. Jan's down there was actually charged with anything himself his business or was this just an employee That got a warning in vandal wood He did not I believe he was not charged I'm sorry. I believe he was not charged All the men born Thank you Under the circumstances and if the owner of the business was not actually charged with anything that I don't see any purpose of going ahead with a quasi-judicial hearing And if he would have been if he would have been charged and given a ticket Then I don't think it would be appropriate to have a quasi-judicial hearing until the gentleman had his day Court that he was convicted of anything so I think we're we're kind of putting the cart before the horse in One way and then in the other way that he hasn't been charged with anything and his employee was warned So I'm not going to support this I'll do all the men born all the men Thank You mayor. I'm not going to support this either. I sit on this committee and I think there's More People were upset with the conduct of the business owner than the selling of the cigarettes and the clerk only did get a warning But I have a question for our attorney on all the issues were the majority issues that are brought forth to Lawn licensing Have these people had their day in court before we've passed judgment on them There's two tracks on these things there's Criminal track if you will or ordinance track where they're charged with the violations something and there's a licensing track and that's what law and licensing looks at is Violations at the establishment And whether or not that will impact the individuals or businesses license wasn't at the meeting but Apparently this has been discussed at two different the law and licensing committee meetings and the recommendation from the committee was We request a voluntary voluntary surrender of his license for a period of time and absent that to conduct the hearing to Suspend the revoke his license That's the prerogative of the salary and grievance committee To make that recommendation to the council and it's the council's decision then to decide whether or not to proceed with that Thank you. Hope that answers your question. All right. Any other questions on the minister No, thank you. Okay. All the men matter check. Thank you mayor This was his fourth time within two years different staff violating the law This clearly shows that he is not training the staff properly and I don't exactly like the idea of the chance of him having employees having them take the fall Firing them replacing them. How many times can his organization violate the law and not receive any any consequence? He's only received warnings up in three warnings three warnings in two years. It's for the same thing over and over I don't see where you're going to draw the line of five six seven eight. How many warnings? That's all Thank you. Oh, I'm in how you do man. Thank you mayor So then you're telling me that anybody that had three warnings previously should be having their license pulled because there were a number of other establishments within the city that that had more warnings than what That organization had and again I I go out of my way to try to support everything the law and license He does had been been a member of that committee and I understand the importance of the job That you do But pulling a license for ten days in that bit in that business in that area I just I just I just put on it. I can't understand why he has to suffer that type of a Financial loss because his clerk got a warning and he got nothing All the men down here I Just have a point of information Is the hearing being requested because mr. Yance has appealed the decision? Or is there a hearing just done as a matter of course when there is a proposed suspension? See the attorneys the latter all of them down to you The hearing is conducted as a matter of course Give two process rights prior to Suspending a license the general procedure is to offer to the licensee To allow them to voluntarily surrender their license for a given period of time To avoid going through the process of quasi judicial hearing, but It's the process anytime the council looks at Terminating or suspending Someone's license Well, let me down here and then my follow-up question would be if If this hearing is held and there's not independent counsel for the city what would happen under those circumstances The purpose of independent counsel is is to provide Again due process to the to the license holder our office would Actually act as prosecutor to present the case before the council and independent counsel Would represent the council in providing advice legal advice to the council should it request it in dealing with The evidence is presented so essentially the the hearing officer the outside council acts as the hearing officer Or the equivalent of a judge so how would you go ahead with it with a hearing if there is no judge? Would you just not go through with the hearing or what if in fact this resolution is not passed? What's the practical consequence? I? Guess we'd have to look at See if there's any other mechanism, and I'm not coming up with any off the top of my head as far as being able to conduct a quasi judicial hearing where there's a separation between the prosecutorial function in our office and and Advice of the council basically the act as judge and Prosecutor in the same hearing That's that's the dilemma without The other option is If you did not hire outside counsel to represent the city council then the council would not have legal representation in its deliberations on on The evidence is presented So the council acts as judge but The legal advice would be provided to the city council provided some advice as to its parameters in In deciding whether or not to suspend or terminate Alderman Madicic, thank you in regards to upholding the Making decisions about holding the firm line on he violated the law and there should be consequences Now instead of retroactive going back and saying okay two years ago a different organization failed to uphold the law So now that we should punish them now just doesn't hold any water with me It'd be the same thing with when we raised taxes do we go back and say okay pay back three years taxes to everyone else I lived in the city to me right now and Before my day, I heard that should boy again had the title of sin city of Wisconsin now to me We need to hold the line somewhere and while I'm on the council I'm not going to help any way and any form of the city returning back to a sin city and just allowing people to violate the law and sit there and just Give them a warning after warning any other discussion and The motion is to Pass the resolution to engage in an outside legal counsel for the process of the hearing Clerk will call the roll five eyes nine nose The motion fails six three resolution from Alderman Hammond transfer in appropriations will be referred to finance six for resolution from Alderman van der wheelie authorizing a Engage in special services for outside legal in common counsel regarding judicial suspension of alcohol beverage license 2720 Alderman And thank you. Mr. Mayor. I move that the our I move to suspend the rules So again, it's been moving seconded to suspend the rules Discussion on suspending the rules Very none will vote on suspending the rules Motion carries Alderman van der wheelie on the resolution. I mean that the resolution be put upon its passage It's been moved in Second seconded to Have the resolution be put upon its passage. Is there any discussion on the resolution? Alderman born Thank you, mayor this one. I'm I'm going to support and that is because this has been a problem problem establishment This establishment used to be in my district it no longer is now it's in district four, but this has been a problem Establishment there's been a lack of cooperation from the From the license holder and in this case, I'll definitely support this one Thank you Is there any other discussion Alderman down here? Here's the problem I have with us picking and choosing what do process we're going to offer people whose Licenses are going to be suspended or revoked for a period of time We can't sit as a body and determine without hearing any evidence that this claim may have merit and Another claim may not Based on attorney McLean's Statement that this is part of the due process that we offer people before we take their living away from them It's really important in my opinion that we continue to have Basic standards of fairness so that you have a hearing officer who can preside over the hearing Make sure that both sides have an opportunity to fairly present their case and to provide any necessary guidance to the council as it acts as The decider if you will so I really would caution us in the future not to be picking and choosing Who gets due process and who doesn't we have a standard? the questions that I had were answered sufficiently and It is an expense. I would assume it's a relatively minor expense But it's something that we really need to to provide our citizens and and just so that we don't appear to be an arbitrary and capricious body Alderman Hammond Thank You mr. Mayor. I guess Because I don't have a propensity to visit the rehab bar and grill. What was the offense that? Precipitated us having a quasi judicial hearing. They've had quite a few violations year the other questions Any other questions? Hearing none clerk will call the roll Motion carries six five a resolution by a home and raceler An Akron kath and and will you approving the paid time off policies and procedure for city employees all men raceler? Thank You mr. Mayor. I'd move to suspend the rules, please second to move the second to suspend the rules Discussion on suspension of the rules Hearing none will vote on suspending the rules 14 eyes Motion carried all in race look. Thank You mr. Mayor again I'd move that the resolution be put upon its passage It's been moved and seconded that the resolution be put upon its passage. Is there any discussion all the men versing? Hey, mr. Mayor just for kind of transparency for everybody else It's not us kind of let the everyone know what this is about real brief It's a good thing, but if you just let everybody else TV land Sure, it's it's proving the the pay time off Formerly the sick time for one employee to give to another employee in hardship cases And there's laid out a whole procedure in a form that has to be filled out by both employees So any other discussion very non-clerk will call the roll motion carried six six and a resolution from Alderman Heidemann authorizing a contract for ACOM technical services for Eisner Avenue right away Lot Alderman Heidemann thank you mayor and make a motion to suspend the rules second It's been moved seconded to suspend the rules. Is there any discussion? Hearing none will vote on suspending the rules 14 eyes Motion carried Alderman Heidemann anybody it's been over on Eisner Avenue on the north side of Sheboyga knows You want to keep this project moving along and that's why we need to get this passed Is there any other discussion? Hearing none the clerk will call the roll, please 14 eyes motion carries Six seven a resolution from Alderman Heidemann will be referred to public works Seven one reported committees Report a committee from law and licensing denying license Application for taxi operator license number 9645 Alderman van willy. Thank you, mr. Mayor I move that the RC be accepted and adopted Second it's been moved and seconded that the RC be accepted and adopted under discussion. I'll invent it will is Rachel So zone in here tonight She's not here She had an extremely lengthy record and did not be invited her twice to our meeting She did not appear or give us a phone call Thank you. Is there any discussion on the committee report? Hearing none the clerk will call the roll 14 eyes Motion carries 7 to an RC from along licensing denying the license application for tax taxi operator license number 9649 Alderman van Mr. Mayor move the RC be accepted and adopted Then moving seconded that the RC be accepted and adopted Is Nancy Valentine here She's not here. She was invited to the committee twice and did not appear either time Thank you Alderman van Any other discussion? Hearing none clerk will call the roll 14 eyes Motion carries 7 3 and RC from along licensing the denying the license application for taxi operator license 9654 Mr. Mayor move the RC be accepted and adopted second It's been moving seconded that the RC be accepted and adopted under discussion Alderman van the will is Scott Ramon Goyness here He's not here. He also did not appear before the committee both times you called them in Is there any other discussion? Hearing none clerk will call the roll 14 eyes motion carried seven four Committee report from long licensing denying the license application for taxi operator license number 9660 Alderman van Thank you, Mr. Mayor move the RC be accepted and adopted second And moving seconded that the RC be accepted and adopted under discussion Alderman van the will is Charlene Johnson here this evening She is here. She did not appear the two times we invited her So I would ask that we send this back to law and licensing It's been moved second and seconded to send her back to law and licensing It's been moving seconded to Send the license back to law and licensing so any discussion very none clerk will call the roll 14 eyes motion carried seven five from law and licensing denying the license application for beverage operator license number 9661 Alderman van the will thank you. Mr. Mayor move the RC be accepted and adopted Been moving seconded that the RC be accepted and adopted under discussion Alderman van the will is Haley Schelke here this evening She is not here. She also did not appear to either meet meeting that we invited her to So any other discussion? Hearing none the clerk will call a roll 14 eyes motion carried seven six from Committee report from law and licensing denying license application for taxi operator license number 7670 Alderman van the will Thank you, Mr. Mayor move the RC be accepted and adopted Move the second of that the RC be accepted and adopted under discussion Alderman van the will is Stephen Wagner here this evening He's not here. He did come before a committee and The committee voted three to two to deny his license. He had a Quite a few discerning conducts that involves stalking that sort of thing any other discussion Hearing none clerk will call the roll 14 eyes motion carried 7-7 report a committee from strategic fiscal planning recommending RO Number 63 12 13 from Alderman Bellinger question whether the city's shaboy can continue to provide garbage collection service Alderman Thank You mr. Mayor If you will I'd also like to bring seven eight with that They're basically the same document just referred to two other committees And I'd like to move that they be forwarded to public works Second it's been moved and seconded to forward both of these are this document to public works It's the same document the communication. I'm sorry. Is there any discussion? Hearing none clerk will call the roll 13 eyes one no Motion carries Seven eight will vote on two so we get it on the computer 13 eyes one no Seven nine strategic planning referring back our old one twenty three twelve from the mayor will be referred to finance Ornances eight one through eight six Eight one will be referred to the city plan Commission eight two Will be referred to public protection and safety eight three will be Referred to public protection and safety eight four will be referred to public protection and safety Eight five will be referred to public protect public protection of safety is going to be busy eight five will be referred to public Protection and safety eight six will be sent to law and licensing eight seven the ordinance six twelve thirteen from Alderman raceler Cough and we leave an acronym repealing reacting in section 82 126 of the missile code relating to Compensation for overtime work by non-representative employees Alderman raised Thank You mr. Mayor. I'd move to refer it back to salaries and grievance to clean up the language at the end regarding the starting period For this they move the sector to refer it back to yeah salary and grievance. Is there any discussion on the referral? Hearing none clerk will call the roll 14 carried 88 ordinance by Alderman raceler repealing section 29 172 of the 1975 municipal code Relative to unaccured leave Alderman raceler. Thank you. Mr. Merritt move to suspend the rules, please It's been moved and seconded to suspend the rules any discussion on suspending the rules Hearing none we will vote on suspending the rules 14 eyes Motion carried Alderman raceler. Thank you. I'd move that the ordinance be placed upon its passage It's been moved and seconded to the ordinance be put upon its passage. Is there any discussion? Hearing none, I'm sorry. I Just turned you off If somebody could just maybe briefly explain what With the code relative to unaccured leave what we are actually passing that'd be great city attorney Thank You mayor But this Ordinance did related to the the policy that was adopted by the council previously regarding Paid time off and use of that share with others That in effect takes takes the place of the old 1975 ordinance on unaccrued leave it references sick leave and how it can be shared and we don't have sick leave anymore It's PTO housekeeping thing then keeping housekeeping then Yeah, since you passed the policy on dealing with the sharing of Paytime off that really covers. Thank you. That's your question. Yes, sir. Thank you. Any other questions Hearing none the clerk will call the roll 14 eyes motion carried Eight nine an ordinance by all of them in vernacrine will go to public protection and safety 810 will go to public protection and safety matters laid over our old 126 1312 by city plan commission in many the city City of Sheboygan's official zoning map for Sheboygan zoning ordinance to change the use district classification a parcel located number two one five zero nine six Alderman No alderman I move that the arrow be accepted and placed on file second, it's been moving seconded that the Arrow be accepted and placed on file and the ordinance be passed So any discussion? Hearing none clerk will call the roll 14 eyes motion carried Other manners Steve Yes Ten two is an arrow by the city clerk submitting various license applications for the period ending June 30 2013 and June 30 2014 That will be sent to law and license Can one Alderman Hammond? Thank you, mr. Mayor motion to convene in closed session under the exemption provided in section 19 point 85 1g Wisconsin statutes for the purpose of conferring with legal counsel for the city who is rendering oral advice concerning strategy to be adopted by the city with respect to Litigation in which it is involved namely American family insurance versus the city of Sheboygan case number 2011 CV 873 to move second to Convene in closed session. Is there any discussion? Green unclerical call the roll 14 eyes Motion carries we will go into closed session Be coming back up