 call to order this is the ninth regular meeting of the 2011-2012 Common Council and as is customary our city clerk Sue Richards will read us the quote of the evening thank you mayor take the first step in faith you don't have to see the whole staircase just take the first step thank you sue roll call please belt here boring here Carlson here Decker here Hammond here height of men here cut here Hiddleston here Maddochak here Rinflaich here Racler here Samson here then after in here Vanderweel here and versey here 15 present we have a quorum now if we can all rise and join Alderman Hammond in the Pledge of Allegiance pledge allegiance to the flag 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 done well looking for approval of the minutes of the prior Common Council meeting president Rinflaich thank you mayor I move that we approve the previous minutes second we have a motion in the second to approve under discussion there is no discussion all in favor say aye aye opposed motion carries mayor's appointments attorney McLean this date at today's date honorable members the Common Council I hereby submit the following appointments for your consideration Joel Hammond to be appointed to the Law and Licensing Committee and the Group Health and Wellness Committee to fill the unexpired term of Mar canna whose term expires for 16 2012 Kevin Maddochek to be appointed to the Industrial Development Commission to fill the unexpired term of Mar canna whose term expires for 16 2012 Jody Vanderweel to move from vice chair to chair of the Law and Licensing Committee and Julie Koth to vice chair Jody Vanderweel to be appointed to the Strategic Fiscal Planning Committee to fill the unexpired term of Mar canna whose term expires for 16 2012 signed by the mayor president red flesh so do we need suspension on this one I move we suspend the rules second we have a motion to suspend in a second is there anybody opposed to the rules being suspended rules are suspended please continue move that we confirm the the above appointments second we have a motion in a second to approve the appointments under discussion there is no discussion roll call please belt I boran I Carlson I Decker I Hammond I Heidemann I cut I Kittleson I Maddochek I Rinflaish I Racler I Samson I then Akron I Vanderweel I and Bursi I 15 eyes motion carries public forum thank you mayor first on our list would be milkstorm is milk here I don't see him okay next on the list would be Dave Colton is Dave here you'd like to come up to the Mike Dave and Dave can you give me your home address please 717 Detroit Street 717 Detroit Street yep Shabuigan Falls Wisconsin and you will have five minutes sir you will have five minutes sir you're welcome go ahead my name is Dave Colton I live in Shabuigan Falls and I'm here tonight really to give you a brief history of how this came to be about seven years ago my part my current partner started a program here in Shabuigan and was contracted with the city to approach the seagull problem concurrently I was doing the same thing in Shabuigan Falls with geese they had a huge problem 600 geese in the park couldn't plan the but the ball fields the picnic areas were followed and I approached it with two terriers and took care of the problem and had some great success I felt that I could take on a larger city like Shabuigan and came to a town council meeting met my current partner and shortly after that we started a business and what I'm here to do tonight is really discuss the ongoing problem with the seagulls here in Shabuigan we have estimated between 8 to 10,000 herring and ring bill gulls that are investing the city they're following the beaches and the marinas we think that the main culprit right now of beach closers up and down and throughout the Great Lakes system every morning there's approximately two to three thousand gulls on North Beach alone their scat is full of E. Coli histoplasmosis and it's quite a health risk the downtown area the rooftops right now and have been for the last several weeks are being overwhelmed with gulls some are nesting some are through nesting I have personally witnessed where feathers were rolling into a business that was serving food and this is a health risk there's a there's a local church here where the play playground equipment is completely covered with seagull scat the uric acid that seagulls leave behind when they leave can destroy roofs within months I mean totally destroy roofs undermine them quickly at a huge expense to the owner and this situation is not unique to sheboygan it is going up and down the western side of Lake Michigan for sure communities all along this lake are experiencing this problem except for one and that is Kiwani where we have currently a city wide abatement program and have had for a couple years now we have had techniques that are a hundred percent effective for rooftops for communities for beaches etc we can clear this entire downtown area right now and for years to come we can take care of the beaches we can do a city wide abatement program we have the technology to do that when Jeff and I started it was a very hands-on approach every when we were when we were doing our abatement techniques we had to be there we have developed the system where it's a walk away standalone system that can work day after day hour after hour week after week and keep businesses clear of the seagull problem communities clear of the seagull problem we did experience a setback with the city and this was five years ago and it simply was from a miss quote we were interviewed and it was stated that our program cost two hundred thousand dollars to remove the gulfs in actuality which was left off that would have included 12 rain gardens and we would have dressed all the stormwater detention ponds that ultimately flow into Lake Michigan and again we think that's a big part of some of the beach closers here so we don't want any setbacks with the with the city anymore that would have achieved a blue wave rating for Sheboygan which we're seeing the city of Racine has achieved by putting in rain gardens and approaching their seagull and their their goose problem if anybody wish we do have a local unit here at a Sheboygan business and we have it up on YouTube and you can search for seagull removal and dispersal and you will see our system at work it started with between I would say five to seven hundred gulls many of which were nesting this is a business that served food and within a week they were seagull free with our system upon their roof so we have solutions we're local we live right here in Sheboygan County and we're ready so if anybody has any questions I'd be happy to answer them with my remaining minutes or a minute five seconds five seconds that's good timing all right thank you very much thank you sir next next on the list would be Joanne Scribner is Joanne here please and Joanne can I have your home address three Seneca trail okay and you will have five minutes mayor Bob Ryan has admitted to being an alcoholic he said that he is an alcoholic seeking to improve mayor Ryan said in an interview on WHPL radio quote I do not blame the council for asking for my resignation what I did was indefensible I'm not proud of it I'm an alcoholic I've known that have been one for the majority of my adult life it's part of my history I've been successful in spite of it and I will continue to be successful alcohol has never affected the way I do my job alcohol has affected my personal life I have never ever walked into a council meeting a city meeting or my office under the influence of alcohol unquote people like Sheboygan Common Council President President Eric Rind Fleisch and former Sheboygan Mayor Richard W. Susha are asking for Mayor Ryan to resign or to be removed from office is there a concerted effort on the part of Rind Fleisch supporters to boot Mayor Ryan out of office so that Eric Rind Fleisch can become mayor of Sheboygan is there a concerted effort on the part of Democrats or Liberals to remove Mayor Ryan from office is there a concerted effort on the part of the religious church going those who are not truly Christian crowd who are embarrassed by Mayor Ryan's conduct are all of the above working together to remove Mayor Ryan from office thanks to camera phones which I believe are an invasion of people's privacy when used in the wrong way public officials and private citizens can be caught in the act of behaving badly in public I do not believe that the person who videoed Mayor Ryan behaving badly in Brennan's bar back in 2009 and then sent that video out on YouTube which was then picked up by David Letterman and Jay Leno that person did no great or wonderful thing for the city of Sheboygan where is the public outcry against that person who invaded Mayor Ryan's privacy where does he or she get to be off the hook maybe that person should be prosecuted and sent to jail what about the bartenders who keep on pouring the beer or mixed drinks until their customers are drunk or slumped over at the bar they keep on pouring the alcohol until their drunk customers get into a vehicle and kill themselves or others in a highway crash where is the public outcry against the bartenders why are they not prosecuted and sent to jail where is the public outcry against alcohol why do people think that they cannot have fun unless they have a beer martini or margarita in their hand why does the Sheboygan press continue to focus on what bar were you at on Friday night why does Sheboygan festivals continue to serve beer does the word clueless come to mind anyone who provides beer and alcohol in the grocery stores liquor stores mini-marts gas stations restaurants taverns and at festivals you should all hold yourselves personally responsible for the problem of alcoholism I blame each and every one of those people who have anything to do with the beer and alcohol industry the killer of good morals the killer of marriages and family life the killer of common sense conduct and the killer of people through drunk driving accidents in the heart and liver diseases caused by alcohol intake are you listening larious distributing beer truck drivers those of you who sell alcohol and bartenders now for those of you common council members in this room who think that you are perfect and beyond reproach here are some questions for you have you ever said nasty or mean things about some other person have you ever been drunk have any of you ever drinking driven your vehicle even though you knew that you had too many beers or mixed drinks have any of you ever had sex without being married have any of you ever lived with your girlfriend or boyfriend not being married have any of you ever watched porn on late night cinemax showtime HBO stars pay per view etc have any of you have any of you ever lied to protect yourself have any of you ever used bad language swear words used God's name in vain or mistakenly and wrongly thinking that God's last name is damn have any of you ever taken something that did not belong to you have any of you ever thought that you were better than someone else have you ever have any of you ever hit someone in anger have any of you ever cheated on a test or on your spouse none of you should wagon common council members is perfect when you point your finger at me and rock me or Ryan is sure comings would you like your additional minute yes there are then three when you point your fingers at me or Ryan there are three fingers pointing back at you for your own shortcomings I support me or Bob Ryan I do not support a resolution for his resignation or move it from office he has done far too many good things for the city of sheboygan he has made many good business decisions for our city and sheboygan is going in the right direction people were concerned about the empty store buildings on Taylor Heights now festival foods is being built the shoe cart farm there are plans for businesses to come in there American orthodontics is going to now inhabit the vacated Thomas industry building in Washington Avenue there's a new auto zone being built on the corner of South Business Drive and Wilson Avenue came out stories gone but pick and save will soon be there in the near future Taylor Park now has a nice apartment building I've seen mayor Bob Ryan doing good things in public like frying brats hamburgers and hot dogs at the little red schoolhouse gateway neighborhood picnic at the cleanup date he was proclaiming at the sheboygan spaceport rockets for students for schools day and joking around with astronaut Michael J. Forman at Blue Harbor taking a ride with Chad Peleshek to some city site for some business development explained to me in his office how TIFs work excuse me Joanne I'm sorry to interrupt but your time is up thank you Mayor Ryan for doing a wonderful job I pray that you will continue to be the full-time mayor of this city thank you Joanne next all right next on the list would be Tom Bowers is Tom here Tom can I have your home address please 2120 North 36th Street you will have five minutes sir five minutes yes thank you the information that I'm about to give to you tonight is not going to be very nice regarding Mr. Ryan you notice I don't address him as Mayor Ryan because he's been a disgrace of this community for the past two and a half years to give you a little background originally when Mr. Ryan ran for mayor I backed him I attended the Bisco grill I contributed to his campaign and I also took out a yard sign after 30 days and talking to people in the community I took the yard side down I decided this wasn't a gentleman and I wanted the back someone told me I think the email me the acronym for this administration is a SS arrogance stubborn self-centered Mr. Ryan there's been six mirrors for you I've known three of them personally Mayor Brown honorable man Mayor Schneider I was his campaign manager and Mayor Shusha who I served 14 years on the border review I did not know Mayor Schneider deck Schneider Mayor Shram I knew as an acquaintance but not as a friend then they had Mr. Pretz who I did not know at all to regress a little bit we go back to August 2010 Mr. Ryan called me in here into his office what for I don't know but before he could answer anything I asked him number one because of his behavior number one to give up the city vehicle that not bode well with Mr. Ryan number two I asked him to take a drug test which had been passed by council before but was never followed up on number three I asked him to be monitored by the council as we so passed that resolution and 2009 he went berserk and ordered me out of his office I wish I wouldn't state because I would like to see how he would have handled that but I had an appointment after that I believe Mr. Ryan's behavior is not an alcohol problem it's a behavior problem and I don't understand how he can put his family through this especially his children now you're going to be asked tonight to pass a resolution or maybe it'll be postponed I don't know but if there ever was a chance for a city administrator now is the time because what he has done in two and a half years the other six mayors didn't do in 50 years now with the passing of the resolution tonight which I don't know it's going to take place or not but I like to end with this information and view of Mr. Ryan's performance and if he does not resign from office which I know he won't he's too arrogant he's too stubborn and he's too self-centered on behalf of your children your wife has said that she'll stand by her that's her situation but your children don't have their choice if you do not resign I have information pertaining to the current lawsuit being brought against the city of Sheboygan that I will be in contact with this Angela Payne's attorney thank you okay next on the list is Steve Sommerfeld Steve Steve can I have your home address please 1627 North history okay go ahead you'll have five minutes all right thank you Wisconsin administration code sub chapter 11 chapter 11 employers labor organizations employment agencies and licensing agencies that deny employment opportunities and discriminate employment against properly qualified individuals solely because their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service youth and non-youth lawful products off the employers premises during non-working hours or declining attending meeting or to participate in communication by religious matters or political matters deprive those individuals the earnings that are necessary maintain a just and decent standard of living annotate this act protects all employees include perspective and de facto employee 67 attorney general 169 now you may wonder why I've read a lot that law to you today the reason is in July 27th 2011 my girlfriend chrissandra gill came before a law and licensing committee for a pawn broker's license for patriot pawn and loan my girlfriend chrissandra gill was so squeaky clean at the police department told her that they thought they were that we were trying to pull a fast one with the city so the police department instead decided to crucify myself and my friend William Skerven for the licensing committee because unlike her we do have arrest records so a law and licensing committee voted to deny her application because she was going to employ us in the pawn shop she was told by one alderman dear news proceedings that they would have no problem granting her this license if we weren't going to be employed by her so I'm here today trying to find myself in front of all you since I wasn't given that chance during that committee meeting first I'd like to start by telling you a little bit about myself now I'll get into details of my involvement with this business first I'm 36 years old a single father four great children a Marine Corps veteran any veteran Wisconsin Army National Guard I'm really discharged from both I was a contractor for the United States Army on two separate occasions in which I spent almost two years in Iraq I have also recently been offered another job to go to Afghanistan repair the Amrap vehicles over there I must add I do hold security clearance and have passed FBI background investigations to do these things why I'm trying to make is not that I'm a perfect individual because I'd be the first to tell you that is not the case I've made mistakes in my past mistakes I'm not proud of I'm guilty being a bad driver I'm guilty of getting into a fight to protect my development disabled brother but the one thing I like to stress is my mistakes are in my past and my past is just that my past there's no bearing on my actions today if anything has made me a better person well as me a nutshell now I'd like to try and put the rest idea of myself my girlfriend Chris Andrew and friend Bill of somehow conspiring to pull a fast one on the city first of all if any of us were trying to be secretive about anything that this committee would have never heard of our names until the license was granted instead you could go to just about any department here in City Hall and ask them who I am and I'm sure they could tell you my name and for which business I represent from day one when my girlfriend Chris Andrew went in front of the law license committee at which time the license application was put on hold because of proposed changes to cities pawnbroken ordinance I made no secret on my involvement with this business at that time I introduced myself detective for example and I told me I had nothing to hide four to five days later Chris Andrew myself mill detective example as well as a supervisor in which we went over all the city laws regarding pawnbrookie and at which time he taught me how to use the city's new pawntracking software new purse after I mean concluded we gave detective example a supervisory tour of the shop and as detective example two questions first we'd be recommending us for a license and second if it would be all right if we put a sign in the window stating the anticipated grand opening day because of all the interest from the public we have been receiving you responded yes to both questions but stipulated they want us to make sure that we put a sign in our stores well exterior let the public know that all items found are processed or shaboygan police department which we had done immediately I must add that detective example did inform me of the city's last experience with the pawn shop in the city of shaboygan all valid reasons to be cautious as not to repeat history I sure detective example that we would have we would not have any gray areas when it comes to the following following the letter of the law I also tell him that he as well as his officers were welcome in the business anytime in fact we encourage them to come in he told me that pawn shop would be an asset to city and find stole merchandise as well as arresting criminals which I agreed with him on we shook hands and those last I heard from one till July 26th the day before law license committee was scheduled to meet at which point you call my girlfriend chrissandra and told her that they changed her mind they weren't going to recommend us because somehow or someone felt we were trying to pull a fast one these are questions I have I have heard why has Steve been doing so much of the work why I see business cards with just building Steve's name and I'm first of all I should tell you a relationship to each other chrissandra gills my girlfriend bill is my best friend bill's girlfriend chrissandra's best friend so we're very tight family I've been doing most of work because I'm only person that is unemployed right now bill works are shifted rock playing chrissandra work second shift is our general so I'm the only person really has time to do these things right now the way we have the business organizers and myself and bill are faces for the customers chrissandra handles logistics paperwork bills etc. Brenda's bills girlfriend handles advertising graphic card promotions so that's why the business cards by the cash register only had me and bills name on them because of the danger of the business we felt it would be safer that way and one of the biggest questions is why chrissandra was the person applying for a license that questions answers very simple because she is the de facto owner of this business without her this business would just be a dream she financed everything and if you're wondering how she could do that she happened to be one of the lucky Sargento employees that won a powerball lottery four years back I hope I have answered any doubts or questions you may or may not have had so you can make a fair and balanced decision regarding our character regarding this business before you vote on it today my friend bill is also present if you may have some questions for him thank you very much and appreciate your time thank you thank you sir that's it okay that is all for public forum we now have going to have the swearing in of the alderperson elect in district number seven future alderman joel homin joel if you can come forward would you raise your right hand and repeat after me I state your name I go on swear that I will support the constitution of the United States swear that I will support the constitution of the United States and the constitution of the state of Wisconsin the constitution of the state of Wisconsin and will faithfully and impartially will faithfully and impartially discharge the duties discharge the duties of the office of alderperson the office of alderperson to the best of my ability to the best of my ability so help me God so help me God congratulations with the heat in these council chambers jackets off is perfectly acceptable tonight so just so everybody knows okay mayor's announcements I don't have any formal announcements this evening however I would like to speak on one subject that I'm sure is the foremost on everybody's mind including my own I have a set before this council on three different occasions now this is the third over the same issue that issue being alcohol that issue being my abuse of it and that issue being the thing that my personal life gets in the way of my administration I have sat here before and asked for the council's forgiveness I've asked for my sit my family's forgiveness I've asked for the citizens forgiveness I don't feel any different this time I have been working as you all know to be a sober individual for six years now six years it's a long time I'm successful most of the time sometimes I'm not and those are the times that make it into the newspaper I don't pre-plan going out and getting drunk if I did if I could sure as heck wouldn't do it around this area when I went out to Elkhart Lake last Friday evening I had no intention of matters happening the way they did I went out I had a lot of stress I'm not making excuses everything here is my fault mine and mine alone nobody else's I went out I had some dinner I put one drink in my hand and it was all over it's inexcusable it's indefensible shameful embarrassing I can take it myself I've been here feel like I'm getting to be a pro at this stuff my family doesn't deserve it my wife doesn't my children definitely don't my mother my brothers my sisters they do not but it's a part of who I am something I work on every day of my life is to be a better person every day sometimes I'm successful most of the time I'm successful 99 percent of the time I'm successful sometimes I'm not and I apologize for that there's no excuse there's no excuses you can't say oh I'm an alcoholic it's a disease therefore I can get away with this no it's not an excuse but I am one and I've known I've been one for a long time and I've been working on making myself a better person for the last six years unfortunately I haven't been totally successful but I'm still working on it I will always work on it people have said you need to go away and get yourself some help my family is my help my job my position is mayor and my city is my help for me to go away to somewhere and sit and stare at walls is not going to cure me I'm going to be going into an intensive outpatient program I've done it before and I'll do it again I can do it in the evenings I can do it on the weekends and I can continue to run the city I have never ever walked into these council chambers walked into a city meeting walked into my office under the influence of alcohol ever and I've heard there's rumors out there to that effect all rumors stink remember that that's why they're rumors they're not fact the fact of the matter is I went out I got drunk I made an ass of myself and I embarrassed the city that's a fact that is a fact but that I apologize again I can only apologize so much though I have to get on with the future you have a resolution this evening calling for my resignation I have put on in front of all of you all them in a letter I will not read it I do have copies for the press if you'd like it afterward put in front of you of letter that states that if I ever consume alcohol again and there is evidence so reasonably certain evidence not that somebody walks up and says hey I saw this guy with a beer he's got a quit reasonably certain evidence I will walk away this is not a legally binding document as our city attorney will tell you it can't be because by statute you can't just say if this happens I will sacrifice my office people will say you said this before I think I might have I think in 2010 this seems to happen July is not a very good month for me seems like July is always my bad month of my life next July won't be I guarantee you I love the city more than anybody does some of you may not believe that you say why do you deserve to keep being mayor because I give a damn about the city the city is going places do I feel bad about embarrassing the city and myself and the common council and especially my family you're right I do I do but I also have a lot to offer the city and its citizens and I will continue to do so I will continue to do so and I will always continue to do so I can only ask for your forgiveness so many times it sounds like a broken record I can only ask for my family's forgiveness so many times I can get back on my program and I can get back with my life and with the business of this city and that's all I ask of you I'm not a perfect person I'm the furthest thing from a perfect person you'll ever find in your life I admit I have a tendency to be arrogant told a lot of people that I can be belligerent when I'm intoxicated I can be a downright jerk and I know that and that's why I don't belong drinking and that's why I pledge that I will not in the future and if I do you can appoint a different mayor no questions asked but I have something to offer the city and I will continue to do so when it comes time for discussion of the resolution of my resignation I will not participate I will ask president renflige to take my chair at that time president renflige you can run the chair during that resolution all I ask is that you allow me to be me which is me it's not the alcoholic me it's me Bob Ryan the mayor you allow me to be me and do my job and do what we need to do for the city together we don't want to get into the did this happen did that happen we don't want to get into look at this video this guy or that guy we don't want to do that in the city it's not what we're about I'm not going to play the game that's not what we're about we're about taking care of our citizens we're about revitalizing our neighborhoods we're about getting people jobs we're about developing our city we're about the future we're not about everybody's personal lives and are they perfect or are they not I just ask that we can work together in the future for the future of the city thank you consent agenda nine one through nine thirteen president renflation thank you mayor to move on the consent agenda all report of officers be accepted in place down file all report of committees be accepted and adopted and the resolutions be put upon the passage second we have a motion and a second on the consent agenda under discussion there is no discussion roll call please Carlson hi Decker hi Kamen hi I forgot him already Haman hi Heidemann hi Todd hi Kittleson hi Manachuk hi Rinflesh hi Racler hi Samson hi Van Akron hi Vanderweel hi Versi hi Belt hi and Boren hi 16 eyes motion carries reports of officers two nine fourteen by the city plan commission recommending approval of the request from the wisconsin naval ship association requesting an extension on the first read of refusal so that they may complete the final stages of closing on the alliance property alderman samson thank you mr. mayor I move that the our role be accepted and placed on file second we have a motion and a second to accept and file under discussion there is none roll call please Decker hi Haman hi Hammond hi Heidemann hi Coss hi Kittleson hi Manachuk hi Rinflesh hi Racler hi Samson hi Van Akron hi Vanderweel hi Belch hi Boren hi and Carlson hi 16 eyes motion carries nine fifteen by the development manager requesting an exception be granted to accomplish the dredging work as provided in section 66 seventy two seven article three of the municipal code entitled noise alderman samson thank you again mr. mayor I move that the RO be accepted and placed on file second we have a motion in a second to accept and placed on file alderman versi would you like to third that one yeah I would okay we have a third there too sorry alderman versi I didn't know that was that was yours motion and a second to accept and place on file under discussion fernie mclean brought this up in the past same thing with the last document I think need to be clearer as as to these motions except in file to me doesn't say you're agreeing or disagreeing you're accepting the communication and you're putting it on file I think the the appropriate motion would be to accept and adopt the report of committee or the report of officer if if the intent is to do what is being requested that are proposed otherwise I think it's somewhat ambiguous as to what the intent is if you just accept the communication and file it just a suggestion sir could you possibly flip that switch off on that air conditioner back there thank you appreciate it not that we're trying to smoke everybody out here but it's you can't hear very well so we uh we need a motion to uh accept and adopt Steve that's what I would recommend yes don't move second motion and a second to accept and adopt under discussion there is no roll call please homin hi Hammond hi Heidemann hi kath hi kittleson hi manachuk rinflash hi racelor hi samson hi van ekron hi van der wheel hi versi hi belt hi boran hi Carlson hi and decker hi 16 eyes motion carries 916 by the redevelopment authority thanking Don Sviton jr of dnm plumbing and heating company for donating the installation of a water supply extension for use of groups sponsoring events held in the south pier district rda alderman hammond thank you mr mayor I moved the reporter committee being accepted in file second we have a motion and a second to accept and file under discussion we have alderman hammond please I would like to thank Don Sviton for their work they put about $1,500 with a plumbing work down there I believe was the final number and that helped this past weekends festival lake shore weekend for kids I believe it's called go up pretty smoothly so I would like to formally thank them for their efforts in doing that thank you alderman hammond Don is also a member of our city planning commission believe or maybe this is jr maybe this is the some and the redevelopment okay we have a motion and a second under discussion too many dimes okay there's no further discussion roll call please we can do it all eyes oh we can do it all eyes all in favor say aye aye opposed motion carries thank you mr student okay 917 through 922 to be referred resolutions introduce three 923 by alderman versi stating that the city of shabuigan will not bill the former fire battalion chief william wildman or his family for a transfer from favorite hospital to share an s richardson hospice alderman versi okay ma'er I'd like to move the suspender rules second we have a motion and a second to suspend the rules under discussion is there anybody opposed to the rules being suspended alderman hamlin would you like an explanation yes please explanation behind it is just to get this to our building department our new building service it's already been filled out but it needs to get the building service sooner than later in that matter is there anybody opposed to the rules being suspended rules are suspended please continue I'd like to move the mix resolution for upon its passage second we have a motion and a second to put the resolution upon its passage under discussion chief herman would like to say a word Alderman versi is that what you were calling for no final okay chief thank you your honor while I understand and really appreciate the sentiment behind this resolution as does I'm sure the family of battalion chief Wildman I know he was very proud to take his last ride home in a sheba fire department vehicle I know this the family was deeply moved and I think our two firefighters that actually went and did the transport were moved more than they thought but I would caution you to move slowly on this we are setting a precedent the allowed Medicare amount that we would collect is more than double covers the cost of the transport however I would say that a retired firefighter should not be treated any different than a retired city hall worker DPW worker or any other city resident thank you chief under further discussion Alderman versi thank you mayor in this instance it is warranted for someone who's put in 32 years of service to our fire department headed up the dispatch center and done a lot for our city it's not setting precedence because not many people go through what he's gone through so it's not setting precedence for any any other city employee it's the extent of his time and he earned a free trip back to his hospital center which if I may add I don't know if anybody already knows he also died the following day thank you Alderman versi under further discussion Ernie McLean thank you your honor I think it would be setting precedent and I guess I would caution the council before you do something like this I recall to go back when I first started for the city the police department ran the ambulance and we had a lot of uncollectible bills uncollectible it got to the point where waivers were granted in numerous cases on billing I would caution you if you're going to be in the ambulance business I think you've got to run it as a business and not start granting waivers based on whether they're city employee or the famous person or whatever it's certainly within your prerogative to do that but I just would caution you to think twice before approving this and saying well it's not not a precedent because it was a battalion chief for X number of years well the next one's going to come in and you're going to get them when word spreads that make a plea to the council I can get my ambulance bills waived I would suggest that if you're going to do that you may want to refer to the committee and just give it a little more discussion but I think part of the problem we had with the ambulance in the police department was it got very political and people could get waivers from their bills now granted that's back in the days when city was providing basic level service I think the bills were 50 dollars flat rate and it wasn't a big deal financially but it came to the point where there were an awful lot of bills that weren't collected but that's just my word of caution thank you attorney mclean Alderperson Kittelson thank you mayor thank you then I guess could we refer this back to the committee for further I mean for further discussion just to to talk about this a little bit more because I guess I don't think that all of us completely understand what the you know what what is going on here with this and I guess I'd like to hear it the discussion at the committee level thank you did this come through finance alderman Hammond or this hasn't come to any committee yet I don't it hasn't okay if somebody would like to make that motion that could be done Alderperson Kittelson thank you mayor uh we refer this maybe to the finance committee for further second we have a motion in a second to refer to finance under discussion on the referral only any discussion on the referral all in favor of referring to finance state aye aye opposed to finance it goes okay moving on to 924 by alder persons borne carlson samson and versi stating that the city of sheboygan shall not allow the mayor to drive any city owned vehicles in response to recent events alderman versi thank you miss mayor I'd like to make a motion to suspend the rules second motion in a second to suspend the rules please continue I'd like to move to make the resolution upon its passage we need to have discussion on suspension of the rules first is anybody opposed to the rules being suspended or would like an explanation alder person alderman maddachek the reason of suspending to spend the rules to get this taken care of in a timely manner and not wait for two more weeks forward to come back to council under discussion on suspension of the rules alderman samson thank you mr. mayor just a just a question what what committees would this then possibly be forwarded to for discussion good question going to a committee probably ppns or strategic strategic fiscal planning you know truthfully i'm not opposed to the rules being suspended on this myself but it's up to you folks we're still discussing the suspension of the rules is there anybody opposed to the rules being suspended that's the first thing is there anybody opposed to the rules being suspended the rules are suspended alderman versi please continue like to put the resolution upon its passage second we have a motion and a second to put the resolution upon its passage under discussion alderman raceler thank you mr. mayor i'll refer to this as a as a city employee instead of the mayor and hopefully our attorney can help clarify number one unless we're looking at appointing a driver for a city employee that we choose not to let drive our city vehicles i believe we're gonna have to pay a mileage correct yes and if the city employee were to choose to take their own vehicle and we're paying mileage if they're involved in an accident we're going to pay for that claim or whatever it may be as long as they're on duty yes if it was in the scope of employment yes okay so i guess that's why i'm a little not confused with this i understand the point behind it unfortunately i think that obviously i won't support it because of the fact that it's just the same but if the city employee we're driving his own vehicle thank you alderman raceler alderman hammond thank you mr. mayor i think the only thing i might want to try to correct and this is just the you know retentive account to me coming out as mileage is not a guaranteed reimbursement that's you to be determined by the contractual obligation so that wouldn't be guaranteed but your point is well taken about the remainder of it if i may interject here seeing as i am this city employee um i have never driven a city vehicle under the influence of alcohol period and if anybody has proof otherwise please bring it forward now it hasn't happened i'm not in danger of having a drink tomorrow morning it's not going to happen i have never gotten a drunken a dui or owi in my life i have not gotten a speeding ticket in 30 years in my opinion this is nothing but a petty move on the part of a few alderman that is my opinion show me where i have done anything wrong in a city vehicle or my private vehicle for that matter please do next we have alderman heaven thank you mr. mayor um i do have to question singling out the mayor on this instance no records no legal files made on this one no citations issued by officers at that point in time singling him out sounds to me we'd have to apply it to everyone who drives a city vehicle at that point in time who's ever had an adult beverage thank you alderman humming alderman raceler did you have more yes thank you mr. mayor again i think we go back to the heart of the issue and and again i'm using city employee instead of the mayor but and that is the fact of someone drinking and and driving a city on vehicle we do have a policy um for the city should boy again regarding the alcohol use while on while working which would be the same time when that person would be driving a motor vehicle owned by the city and that prohibits them actually someone from coming to work drinking or other influence of a controlled substance thus it would also cover the use of the vehicle i would hope thank you thank you alderman raceler alderman versi did you buzz in no that was by four is there any further discussion there's no further discussion roll call please and i vote and i vote will uh not allow this city employee to drive city vehicles hamond no heidemann no koth aye kittleson no matuchak nope that was a no nope thank you rindflash no raceler no samson aye van akron aye vander wheel no versi aye belt aye boran aye carlsson no decker no and hamon no six ayes ten nos motion fails moving on 925 lies over 926 to be referred 927 at this point i will ask president rindflash to come up i will not participate in this discussion and uh i will go to my office or watch in the back here and i will return after this discussion is finished and a vote is taken president rindflash please take the chair albin board thank you president rindflash ask for suspension of the rules on this document please second caution need to read the document first if you will mind pardon me i'll need to read the document then at first go ahead go ahead document now number 927 by the committee of the whole sitting there upset with the mayor's actions and recommend that a resolution be drafted to ask the mayor to resign in order to focus on his addiction and his family to allow the city to move forward and to pass the attached resolution first reading albin board thank you president rindflash i make a motion that the report of the committee be accepted and adopted and the attached resolution to be put upon its passage prior to that is there we did have the motion to suspend was there any motion made and second to suspend was there any discussion on suspension is there any discussion or objection to suspension okay now we have the motion made and seconded to put upon its passage thank you albin ward is there any discussion albin hamlin thank you president rindflash i had been looking into this a little bit and there were a couple questions that i had with the procedures that we have in place and we're talking about essentially asking a employee to step down willingly and at this point in time with the resolution and the wording of the resolution where we were planning on taking further steps the first question that came to mind was if the city offers its employees an employee assistance program and then whether or not that that program had been offered to mayor rind can anybody like to answer that question anybody have information see i'm not aware that it has is there any other discussion is there any other discussion seen none roll call please and you're doing the report of committee and the resolution is that what you're voting on yes yes okay everybody know heidemann hi kath hi kittleson hi matticek no no thank you rindfleisch hi racer hi samson hi van akron hi van der wheel hi versi hi belt hi boran hi carlsson hi decker hi homin no and hamond hi 14 eyes two nos motion carries thank you okay um resolution passes of course we already know that i will respectfully refuse to resign the office of mayor i have everybody this letter is an offering which i will provide to the press and hopefully we can move on in the future or if the council decides to do otherwise that would be the council's prerogative moving on report of committee 6 928 by public works recommending filing documents submitting a communication from the board president of winza requesting that the birthing agreement for the uss canon be modified to the north side of the river beginning just west of the public boat launch public works we have alderman boran thank you mayor ran i moved that the report of committee to be accepted and adopted and placed on file second okay we have a motion in a second to accept and adopt and place on file under discussion attorney mclean i wasn't at the public works committee meeting but here again i guess i would ask the chairman uh the intent of the committee by recommending the document be accepted and placed on file is that to agree with their proposal or not to uh attorney mclean that was a previous document that was submitted by winza that we had lying over at our committee for a couple of weeks and on the advice of chad pelichek from the development office that he said that in public works we should file the document and wait for a new document to come in if you need some more clarification perhaps chad could shed some light on that chad would you speak on that thank you the reason i said that that document could be filed is because in discussions with the winza group it's their intent to more of the ship as originally planned on the south side of the river at the capsule building until the shabuagan river dredging project is moved forward they're looking at working with epa on some dock wall enhancements on the lion side of the river and then at that time they had informed us in a meeting that they would come back to the council requesting for that change of location from the south side of the river to the north side so it was my recommendation at public works to file the document and what i understand from larry hinkleman of winza is that they'll submit a new document at such time and that clarifies it for me thank you okay uh is there any further discussion if there is no further discussion roll call please kath hi kittleson hi manachuk hi rinflash hi raceler hi samson hi van akron hi vander wheel hi versi hi belt hi boran hi carlsson hi decker hi homin hi hammond hi and heidemann hi 16 ayes motion carries uh report of committee seven 929 by lawn licensing recommending that prawn pawnbroker license application number 2832 be denied based upon concerns regarding issues of public safety and protection and the criminal background of the agents business partners lawn licensing alderperson vander wheel thank you mr. mayor i'm with the rc be accepted and adopted second we have a motion and a second to accept and adopt under discussion is chrisandra gill here tonight she's not here tonight based on what we heard earlier um i'd like to refer this back to lawn licensing second okay we have a motion and a second to accept and adopt we heard from this gentleman earlier concerning this issue under discussion alderman hammond thank you mr. mayor i think um alderperson vander wheel was hoping that we could get this back to lawn licensing for further review so i would uh make a friendly motion that we move this back to lawn licensing versus accepting and adopting a second okay we have a motion and a second to refer back to lawn licensing for further consideration under discussion to refer back there is no discussion all in favor say aye aye opposed back to lawn licensing it goes 930 by lawn licensing recommending that beverage operators license application number 9156 be denied based upon his failure to accurately reveal all relevant convictions on his application his record of violations related to the licenses activity and his failure to cooperate with the committee alderperson vander wheel thank you mr. mayor i move that the rc be accepted and adopted second motion and a second to accept and adopt under discussion is robert schrader here not here please continue at the committee meeting we invited him to two meetings and he didn't appear for either of them so we denied his license okay any further discussion if there is no discussion roll call please and i vote with denied a license kittleson aye manachuk aye rinflash aye raceler aye samson aye van akron aye vander wheel aye persi aye belt aye boran aye carlson aye decker aye homin aye hammond aye heidemann aye and koth aye 16 ayes motion carries 931 by lawn licensing recommending that taxi cab drivers license number application 9157 be denied based upon his failure to accurately reveal all relevant convictions on his application his record of violations related to the license to activity and his failure to cooperate with the committee once again all to person vander wheel I move that the rcb accepted and adopted second we have a motion in a second to accept and adopt under discussion is martinis jackson here tonight he's not here please continue and he did not appear also for two of the meetings that we invited him to so we denied his license under further discussion there is no further discussion roll call please matta check aye rindflash aye rasler aye samson aye benachron aye vander wheel aye versi aye belt aye boran aye carlsson aye decker aye homin aye hammond aye heidemann aye koth aye and kittleson aye 16 ayes motion carries 932 by lawn licensing recommending that beverage operators license application number 9157 and we just have that yeah two different licenses oh okay two different licenses beaten and eyed based upon his criminal record which makes him ineligible to hold the license as well as his failure to acu accurately reveal all relevant convictions on his application his record of violations related to the license to activity and his failure to cooperate with the committee all to person vander wheel thank you move that the RC be accepted and adopted second we have a motion and a second to accept and adopt under discussion and martinez jackson this is a different license he applied for and again he didn't appear to both the meetings we invited to under further discussion there is no further discussion we'll call please rindflash aye brasler aye samson aye van akron aye vander wheel aye versi aye belt aye boran aye carlsson aye decker aye homin aye hamond aye heidemann aye kott aye kittleson aye and manachuk aye aye 16 ayes solution carries 933 by law and licensing recommending that class a fermented malt beverage license application number 2522 tcl photo be denied based upon the agent's failure to accurately reveal all relevant convictions on his class a fermented malt beverage license application and the committee's standards for issuing licenses on core older person vander wheel thank you Mr. Mayor I move the RC be accepted and adopted second we have a motion and a second to accept and adopt under discussion is too Lee here tonight he is not here please continue just in 2011 he had 14 separate housing and building coal violations he is a property owns many properties in the city and some of the violations were for the actual property that he wanted the beverage license for and some of those violations included life safety issues okay thank you all to person vander wheel once again any further discussion there's no further discussion roll call please racelor aye samson aye Van Akron aye vander wheel aye Percy aye belt aye boran aye Carlson aye Decker aye Hammond aye Hammond aye Heidemann aye Coss aye Kittleson aye Manachuk aye and Rindfleisch aye 16 ayes motion carries 934 by law and licensing recommending that beverage operators license application number 9199 be denied based upon his failure to accurately reveal all relevant convictions on his application and his record of violations related to the licensed activity all to person vander wheel we're busy I ask that the RC be accepted and adopted second we have a motion and a second to accept and adopt under discussion is Alfredo Avinah here he is not here he has a long history of alcohol related violations and a negative recommendation from the police department okay under further discussion there's no discussion roll call please Samson aye Van Akron aye vander wheel aye Percy aye belt aye boran aye Carlson aye Decker aye Hammond aye Hammond aye Heidemann aye Coss aye Kittleson aye Manichek aye Rindfleisch aye and Riesler aye 16 ayes motion carries reports of committees 8 935 by finance recommending the city purchasing and city finance departments evaluate produce and solicit an RFP RFI or RFQ for cleaning services at all facilities managed or owned by the city alderman Hammond sorry alderman bender wheel it's my turn to move the RCB out of breath anyway I move the RCB accept and adopt and the resolution be put upon its passage second we have a motion and a second to accept and adopt and put upon its passage under discussion there is no discussion roll call please Van Akron aye van der wheel aye Percy aye belt aye boran aye Carlson aye Decker aye Hammond aye Hammond aye Heidemann aye Coss aye Kittleson no Manichek aye Rindfleisch aye Racler no and Samson aye 14 ayes 2 noes motion carries 936 by finance recommending repealing subs of resolution number 51 10 11 relating to employee required contributions to the Wisconsin retirement system alderman Hammond thank you Mr. Mayor I move the RCB accept and adopt it and the resolution be put upon its passage second we have a motion and a second to accept and adopt and put the resolution upon its passage under discussion alderman Hammond thank you Mr. Mayor just for clarification for the council prior we had non reps had a when they came in hired after a particular date they had to pay a certain amount in the Wisconsin retirement system what we're doing in consideration of act 10 is just trying to get all of that under the same type plan so we don't have multiple people under the same plan so in case you're wondering what that's for that's why you see that document coming through thank you thank you alderman Hammond any further discussion there's no further discussion roll call please van der wheel aye versi aye belt aye boran aye Carlson aye decker aye homin aye Hammond aye heidemann aye kath aye kiddelson aye matta check aye rinflash aye raceler aye samson aye and van akron aye 16 ayes motion carries 937 by finance recommending authorizing an agreement for funding professional services for a habitat restoration project along the Sheboygan river alderman hammond thank you again mr. mayor I move the rcb accept and adopted and the resolution be put upon its passage second we have a motion in a second to put the resolution upon its passage under discussion if i may chat is this the five million dollar grant at the end of the river cleanup project correct yeah professional services alderman hammond please this is for the study for beginning the restoration project on specific areas of the Sheboygan river after the cleanup is done very good any further discussion there is no roll call please versi aye belt boran aye Carlson aye decker aye homin aye hammond aye heidemann aye kath aye kittleson aye manachuk aye rindfleisch aye racelord aye samson aye van akron aye and van der wheel aye 16 ayes motion carries ordinances introduced 10 938 to be referred 939 by alderman samson amending the zoning map to establish the use district classification of recently annex property located south of eerie avenue in west of north 28th street alderman samson thank you mr. mayor I would like to oh i'm sorry that's i'm sorry that's referred that's referred to city planning yep excuse me we have 41 all right anything that's fine oh okay 9-40 i don't need to read these it's referred to ppns 941 is referred to ppns sorry about that alderman samson i don't need to confuse you just confuse myself matters laid over 11 826 arrow number 106 1112 by the city clerk submitting an application for a private wall permit from lia yang 1818 eisner avenue president rindflesch thank you your honor i move that the report of officer be accepted and placed on file and i can't answer your question if we're granting it our permission or not so i guess you have to clarify it what is the time for me to do here say it again the issue is we're accepting and placing on file but are we allowing him to do this to well or not yes okay and that they well be approved and then i'll approve them well thank you all our president rindflesch seconded by vice president decker under discussion there's no discussion real call please we can do it all lines all in favor say aye aye opposed motion carries and 829 resolution number 43 1112 by alderman hammond authorizing the appropriate city officials to execute a modified project agreement between the us epa the wisconsin dnr the city is sheboygan sheboygan county pollution risk services and wps alderman hammond thank you mr mayor i move the resolution be put upon its passage second we have a motion in a second to put the resolution upon its passage as we all know this is to do with the phases of the river dredging which is a good thing which will be done hopefully by the end of next summer under discussion there is no discussion roll call please belt all right boran aye carlson aye decker aye common aye hammond aye vitamin all right excuse me club aye kittleson aye manachuk aye rindflash aye rasler aye samson aye van akron aye van der wheel aye and hersey aye 16 ayes motion carries other matters authorized by law attorney mclean 9-42 is an arrow by the city clerk submitting a communication from donnell core md requesting the city paint white crosswalk lines at the north side of the junction of clement and third street due to safety issues for people living in the area will be referred to public protection and safety 9-43 is an arrow by the city clerk submitting an application from christopher joelitz requesting a waiver of the sex offender residency restrictions in or to move to 2715 north 8th street also referred to ppns 9-44 is an arrow by the city clerk submitting various license applications for the period ending june 30 2012 and june 30 2013 referred to law and licensing 9-45 is an arrow by the city clerk submitting communication from the state of wisconsin department of corrections requesting a waiver to the sex offender residency restrictions on behalf of nangua to be placed at a transitional living placement plp residents located 1123 1125 north 14th street or 931 a michigan avenue based on availability also referred to ppns to adjourn motion to adjourn in a second all in favor say aye aye opposed motion carries