 at six o'clock and I'd like to call to order the 18th regular meeting of the 2021 Common Council. Would the clerk please read the quote for the day? Thank you, Mr. Mayor. Whatever is beautiful, whatever is meaningful, what brings you happiness may it be yours this holiday season and throughout the coming year. Thank you very much. Would the clerk please call the roll? Alderperson Bourne? Alderperson Bourne? Alderperson Donahue? May not hear us. Alderperson Felde? Here. Alderperson Ackley? Here. Alderperson Phillips? Alderperson Decker? Here. Alderperson Sorensen? Here. Alderperson Svoglio? Alderperson Felicky Paneski? Here. Alderperson Mitchell? Alderperson Bourne? Here. Alderperson Donahue? Here. Alderperson Phillips? Alderperson Svoglio? There are eight present. Thank you very much. Alderperson Svoglio and Donahue are excused. Donahue is here. Phillips and Svoglio are excused. Next is the Pledge of Allegiance. Please stand and join me. I 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. Next, I don't mind the agenda as the approval of the minutes from our 17th regular council meeting held on December 7th. Alderperson Sorensen. Thank you, Mayor. I move to approve the minutes from our previous meeting. Is there a second? Second. Thank you. Those minutes are before us. Is there any discussion? Seeing none. All those in favor of the minutes as presented, please signify by saying aye. Aye. Opposed? Aye. Opposed? Motion passes. The next item is public forum. City Clerk? There's no one this evening. Very good. Then we'll move on to a mayoral appointment. So I'll turn it over to city attorney Charles Adams. Appointment is submitted by the mayor, submitting the following appointment for your consideration. Andrew Jesus to be considered for appointment to the senior activity center commission. The fill of vacancy with the term expiring on April 17, 2023. That lays over. Next one is appointments from the mayor. I hereby submit the following appointments for your consideration to the Harbor Center Business Improvement District Board. Amy Horst, Eileen Simmons, Jordan Saunders, Jane Davis Wood, Paul Rudnick, Chad Palesik, all for appointments that would expire in December 31, 2022. That also lays over. The mayor hereby submits the following appointment for your consideration, Emily Rendahl Arajo, to be considered for appointment to the position of director of senior service. Thank you very much. Emily is with us this evening. Next item on the agenda is mayor's announcements. I'd like to call up our assistant fire chief Charles Butler. Tonight I'd like to recognize assistant chief Charles Butler for his 26 and a half years of service to the Sheboygan fire department. I think that Chuck must have been one of those kids that received a fire truck and a fireman's hat from Santa one Christmas. And it's amazing to see the career that it shaped. He, his interest started in 1984 in the Volunteer Fire Service and Private EMS Service. Chuck started his career with the Sheboygan fire department on April 18th of 1994, serving as a firefighter and fire equipment operator assigned to fire station number three. And then he was also assigned to the same roles at fire at station number two. Let me have you excuse me station number one. He was then promoted to commander of research development and training in 2005 and served in that role until his promotion to deputy chief in 2010. Chief Butler was promoted to his current position of assistant chief in 2018. He served in the role of department's operations chief, EMS service director, and as the emergency manager for the city of Sheboygan. As EMS service director, Chief Butler oversaw the development and operation of the fire department's paramedic ambulance service for the city of Sheboygan since it began in 2008. As emergency manager, Chief Butler participated in planning, preparedness, and response to many local and regional events, and has fostered a collaborative working relationship with other departments, state and local agencies, private organizations, and the general public. He was also responsible for the development of the Sheboygan emergency plan. He also currently serves as chair of the local emergency preparedness committee and also the southeast wisconsin hospital emergency readiness coalition. Chief Butler has been a member of the Sheboygan county hazardous materials response team and also the Sheboygan county fire investigation team. Chief Butler received commendations from the department for his department in the development of the EMS in the fire department and also for his part in saving the life of Dr. Willis Wick involved in the flooding event that took place in 1998. Chief Butler is responsible for many of the accomplishments of the Sheboygan fire department over his tenure including the integration of the paramedic transport services, the expansion of knowledge in the equipment related to technical rescue, the continued integration of the department to MAVIS system including the MAVIS division 113 dive team and the continued technology upgrades within the department. I want to thank Charles Butler for his 26 and a half years of service to the Sheboygan fire department and I'm sure that he will continue to serve the residents of Sheboygan and Sheboygan county in some capacity in the future. So with a lot of pride and thanks I give him the certificate of appreciation from the city of Sheboygan. I is honored to present Charles Butler the certificate of appreciation and recognition of 26 and a half years of dedicated service and that's dated April 18th of 1994 through January 4th of 2021. Charles thank you very much. Thank you Mayor. Thank you for your gracious words Mayor, members of council. I just want to say it has been an honor and a privilege to work with the men and women of the Sheboygan fire department over the years and to serve the citizens of the Sheboygan community. When I moved here in 1990 to start a family it was my mission to go into this career and I had no idea where it would take me but it has been my ongoing mission ever since to improve the department to provide better and more efficient services to this community and I think we have done that the department is strong. Members of the community you can also know that your department is very strong it is very compassionate and it is very well trained and I believe as well very efficient. The addition of the ambulance service has made this EMS service in this town better than it has ever been and I can say that with all honesty. So I don't need to take more of your time it's kind of a bittersweet moment for me to be retiring from this department but I am going to stay in the community. I have more work to do but I just need to do it with a different hat and I thank you again for the years and a great career that I've had here and have a great evening. So thank you. One of our retired city clerks Lawrence Felton passed away last month or rather Monday morning December 7th at the Sharon Richardson Hospice. He was 94 years old and he had served the city of Sheboygan for 24 years first as deputy city clerk and later as city clerk until his retirement in 1989. I'd like you to stand and observe a moment of silence for Lawrence Felton former city clerk. Thank you. Next I'd like to review the COVID update for December 21st. Right now we have 10,894 positive cases that was up 513 from a week ago. We have 1,295 active cases and that's down 297 from a week ago. We have 9,515 recovered cases. Our hospitalization has gone from 21 down 3 to 18. There's currently 84 deaths that's up 5 from last week and there's 39,330 negative tests that were reported. The trajectory of the numbers since November was down 40% and we're pretty consistent through Thanksgiving with just a slight increase. The efforts of so many at this time reduced the strain of the hospital admissions that we had had previously. We're only four days away from the start of the Christmas and New Year's holiday season. We want to invite and encourage you to continue to wear a mask, wash and sanitize your hands often and maintain social distance and avoid groups of people that aren't in your family. Yes, even through Christmas and New Year's. These actions if follow will prevent the spike of the coronavirus in the next two weeks in Sheboygan. The Wisconsin National Guard is continuing their testing. Last week they had an average of 150 tests that were administered each day. There will be no testing although on this coming Friday, December 25th, nor on December 35th, New Year's Eve. Testing will continue on Wednesdays though at the Sheboygan County Aging and Disability Center in Sheboygan Falls. The spring election will include elections for mayor and alder person for the city of Sheboygan. Candidates for these offices are circulating nomination papers much be turned into the city clerk by January 5th. The election for aldermanic seats will be held in the odd number districts. Districts one, three, five, seven and nine and those are for two-year terms and due to replacement in 2020. There will also be an election for the aldermanic seat in district two and this will be for a one-year term. If you have any questions about running for an elected office please see the city clerk. I want to remind people that winter parking rules are in effect. Vehicles should be parked on alternate sides of the street between midnight and six o'clock in the morning. Please remember to park for tomorrow. I want to wish everyone a merry Christmas and encourage you to bring along non-perishable food items to support the Sheboygan County Food Bank while taking in the Christmas lights display and making spirits bright. Also the Mead Library Fountain has a special display and I want to encourage you to continue to shop local and support our retailers in Sheboygan. This holiday season Jupiter and the Sun will come together to form what some are calling a Christmas star. That will shine brightest tonight in the southwestern sky on this day the winter solstice. It's a little cloudy so we might have to wait till tomorrow or the next day to see this. But in a year marked with pandemic, political, and social unrest it's often felt dark. Now on this year's winter solstice when the day is the shortest and night is the longest, literally the darkest day of the year, Jupiter and Saturn meet to give us light. Whether or not you refer to it as a Christmas star I hope that you will take a moment to view it this week and perhaps be encouraged for brighter days ahead. Keep an eye out for moments of light and good in your world and better yet be a star that shines brightly for those around you. Merry Christmas. Next we'll go on with the Consent Agenda. That'll include items 2.2 through 2.14. All the persons sorenson thank you Mary move to receive and file all ROs receive all RCs and adopt all resolution and ordinances. Is there a second? Thank you. Those items are before us. Is there any discussion on the items on the Consent Agenda? Seeing none will the clerk please call the roll for passage. Eight ayes. Motion passes. Under reports of officers item 3.1 and 3.2 will be referred to various committees going on to resolutions. Item 4.1 is resolution number 135 of 2021 by all the persons sorenson and Donahue authorizing the appropriate city officials to execute an amendment to the offer to purchase with martins trilling true value hardware ink. All the persons sorenson think you may ask for the suspension of the rules. Is there any objection to suspension? Seeing none please proceed. Thank you Mary move to adopt the resolution. Thank you for that motion and support. That item is before you. Are there any questions? Mayor this is uh Alderman Bourne I have a question. Go ahead. Thank you. I guess this would be for Chad. If I remember correctly this is the portion of the trilling hardware store property where they're going to be building that shelter for some of the stuff that they have now stored in their parking lot. That is correct. It's a parcel of land that kind of is a L-shaped parcel that goes around the Kiehl's auto service station and yes they would use portion of the property to build the storage building for their fertilizers. Thank you. The reason it's being suspended is because the current offer to purchase ends at the end of the year and we can't get information that we need from the DNR on the condition of the soils on that property. Is there any other discussion? Seeing none will the clerk please call the roll. Eat ice. Motion passes. Item 4.2 is resolution number 136 of 2021 by Alderperson Sorenson and Donahue authorizing the appropriate city officials to execute the first amendment to the agreement between the city of Sheboygan. Visit Sheboygan Incorporated and the Sheboygan area room tax commission regarding reimbursement of expenditures made by the city of Sheboygan related to the Blue Harbor Resort and Conference Center. Alderperson Sorenson, thank you Mayor, ask for suspension of the rules. Is there any objection to suspension? Seeing none please. Yes please go ahead. Okay. Object to the suspension. Need to be a motion to approve the suspension. Is there a second? Second. I'm not moving to suspend the rule. Alderperson Sorenson made the motion so he's looking for a second. Okay sorry I'm having trouble hearing this out of very bad connection tonight. My apologies. So I guess I'll ask for a point of parallel inch procedure. If there's an objection don't then you have to vote on the objection itself separately. Now we have to vote on this. Go ahead Charles. The mayor is able to proceed when there's not some motion just simply by asking for objection if there's no objection. The second and the vote is assumed but because there was an objection someone will need to second the motion that all their Sorenson has made and then there will be a vote and it does require a two-thirds vote. There is no debate and there's no amendment of of the motion. Is there a second to Alderperson's motion? Second. Thank you we have the motion on the floor to suspend the rules will the clerk please call the roll to allowing the suspension. Five eyes three nose. That's not too tight. It requires a two-thirds vote so that did not pass so the matter will have to lie over. Thank you very much city attorney. So I can I ask a question on that one so would that be then referred to a committee or can we refer to a committee instead of laying over? You can someone can make a motion to refer into a committee yes. I'll I move to refer this to the finance personnel committee. Is there a second? Very good. Any second? All in favor of this referral to the finance committee personnel please signify by saying aye. Opposed? Opposed? Motion passes. Mayor? Yes. Alderman Boren is it germane to ask why why the objection to for the document? City attorney I don't think we can do that on the current agenda track we're on can we? You know certainly it's really it relates to the item that was on the agenda so I think it can be answered if someone wants to answer it but it is all it was also a non-debatable motion so you can also just simply to choose to move on. If it's helpful I would be happy to explain my objections. I don't think we can allow that right now unless the city. As I said we could. City attorney can we allow that explained it's just not a debatable motion but it is related to the item that that has now been voted to refer. Thank you very much please proceed Alderperson Donahue. I don't mean to be troublesome but when I read the particular proposed contract modifications which seems to be reasonable I felt strongly that I certainly deserve much more explanation much more discussion and because we are putting off substantial payment to the city for a period of time and probably for good reason I think it would be helpful to have a smaller discussion with a smaller group with the head of Visit Shavuigan. I know Chad serves as chair I believe of that board and I don't know whether he would be speaking to the city or for Visit Shavuigan but I think that having that discussion will be helpful. I don't think it impairs the contractual rights of Visit Shavuigan otherwise I would not have objective suspension. I think this is something we can timely accomplish early in the next year. Thank you for that explanation. City attorney I have another speaker who'd like to speak can we engage in discussion on this? Pretty closely to the item that was noticed which was simply you know the resolution in front of us you can talk about it but again noting that you as chair do have the ability to say let's just move on but that's that's your decision. Thank you I'll allow Dean Decker to speak then. Okay that's go on then. All right item 4.3 is resolution number 137 of 2021 by Alderpersons Donahue Ackley Sorenson expressing gratitude for the skill efficiency and dedication demonstrated by the city clerk Meredith de Bruyne and her staff during the spring and fall election cycle. Alderpersons Donahue. I'll move adoption of this resolution. Second. Thank you for your motion and support. Is there any discussion on the motion? Seeing none will the clerk please call the roll for passage. Eight ayes. Motion passes. Congratulations. Good job. Items 4.4 and 4.5 will be referred to various committees under reports of committees. Item 5.1 is RC number 212 of 2021 by the Public Works Committee. Tum was referred RC number 187 of 2021 by the Public Works Committee and RO number 97 of 2021 by the city clerk submitting a communication from Michael Thomas president of the Black American Community Outreach regarding Juneteenth Day celebration and recommends that the common council instruct the staff to prepare the appropriate document to waive the park rental fee for the Juneteenth celebration. Alderperson Decker. Thank you mayor. I'll make a motion to receive the report of the committee file the document instruct staff to prepare the appropriate document to waive the park rental fee. Thank you for that motion. Is there a second? Second. Very good. Any discussion on the motion? This is Alderman Bourne. I just have a question. Go ahead Jim. Thank you. Thank you mayor. Then the document that Public Works is going to produce regarding waiving the fee and the amount and everything that's going to come back to us for a final vote or as I see on I see later in the agenda we're creating an ordinance that gives the Public Works director discretion. Will we be voting on this again or will the Public Works director use his discretion if that ordinance is passed at the future meeting? City Attorney you want to take that one? Yes so the ordinance that you see at 6.3 which is getting referred to Public Works is the necessary document needed to waive the fee. It requires an ordinance due. It was sort of awkward phrasing by the committee in 5.1 but you will be voting on that and that you'll be able to review that at Public Works and then at council in two weeks. So then to answer my question Attorney Adams then at the end of the day it'll be Director Bevel that will use his discretion on whether to grant this then? He will use his discretion pursuant to the grounds that are set forth in the proposed ordinance if that ordinance is approved as written by Public Works and then again by council. All right thank you very much. Is there any other discussion? This is Likipaneski. I'm now confused. Are we doing an ordinance just for Juneteenth or are we doing an ordinance for discretion moving forward for all part rental? This would include all future. Yeah we could it would really be potentially problematic legally to just do it for one organization so it is a much wider ordinance than that. Any other discussion? And if that particular ordinance happened to come up because Juneteenth requested this so it got pulled together. But the underlying policy is we are now going to give discretion to Waving Park fees to our the head of CPW. If you vote for it you know that's what you'll be voting on in two weeks but the the policy that's contained in the proposed ordinance that has yet to be vetted by either the committee or by you would put that authority in the Public Works director but also put some fencing around that authority by saying here are the reasons for which that you can do it and here are the situations. Thank you. Is there any other discussion? Seeing none will the clerk please call the roll. Eight ayes. Motion passes. Item 5.2 is RC number 213 of 2021 by the Finance and Personnel Committee to whom was referred resolution number 131 of 2021 by all the persons Donahue and Boren authorizing a transfer of appropriations in the 2020 budget and authorizing reimbursement for funds expended for the purchase of property located 1807 North A Street recommends amending the resolution by changing the address in the first paragraph to 1817 North A Street. All the person Donahue. Second. Thank you for that motion and support. Is there any discussion on the motion? Seeing none will the clerk please call the roll. Eight ayes. Motion passes. Item 5.3 is RC number 214 of 2021 by the Public Works Committee to whom was referred resolution number 132 of 2021 by all the persons Sorensen and Decker adopting the Sheboygan County, Wisconsin Hazardous Mitigation Plan for 2020-25 and recommends adopting the resolution. All the person Decker. Thank you, Mayor. Make a motion to receive the report of the committee and adopt the resolution. Is there a second? Second. Thank you for that motion and support. Is there any discussion on the motion? Seeing none will the clerk please call the roll for passage. Eight ayes. Motion passes. Item 5.4 is RC number 215 of 2021 by the Finance and Personnel Committee to whom was referred direct referral resolution number 133 of 2021 by all the persons Donahue and Boran authorizing retaining outside legal council to represent the city in the matter of Walmart real estate business trust versus the city of Sheboygan in authorizing payment for said services. All the person Donahue. Second. Thank you for your motion and support. Is there any discussion on the motion? The outside council that we are retaining own and well-use the expert is extremely reasonable and the results that she is able to obtain based on her expertise are good are very good and so we think that this is an appropriate expenditure of our of our funds and a good idea to retain her. Thank you for those comments all the person Donahue. Is there any other discussion? Mayor Alderman Boran please go ahead. Thank you Mayor. I would just second what all the person Donahue said and the reason why this works out well financially for the city of Sheboygan and other cities is that this attorney kind of packages these various lawsuits together and represents different municipalities as a group and that helps to keep down the the cost of this litigation with Walmart. Thank you. Thank you for that information. Please go ahead. This is the next in a very long line of lawsuits that we have faced from big box stores and for whatever reason there does not seem to be a legislative will to deal with this problem and it could be dealt with. So again I express my dismay that the legislature has not seen fit to act on the loophole that these big box stores climb through and cost local taxpayers a great deal of money. So I'm off my self box and I just wanted to say that. Thanks for that information. Seeing no other discussion will the clerk please call the roll for passage. Eight ayes. Motion passes. Item 5.5 is RC number 216 of 2021 by the Public Works Committee to whom was referred direct referral resolution number 134 of 2021 by all the persons Decker and Sorensen authorizing the appropriate city officials to accept the quote from Oroho USA LLC for the purchase of components required to maintain the west influence screens at the wastewater treatment plant and to make other expenditures related to the maintenance of the west influence screen and the control of the east and west influence screens. Direct all the person Decker. Thank you mayor make a motion to receive the report of the committee and adopt the resolution or adopt the ordinance. Second. Thank you very much for that motion and second under discussion. Seeing none will the clerk please call the roll for passage. Eight ayes. Motion passes. Item 5.6 is RC number 217 of 2021 by the Licensing, Hearings and Public Safety Committee to whom was referred general ordinance number 26 of 2021 by all the persons Decker amending sections 118 through 276 and 118 through 279 of the municipal code relating to unlicensed vehicles and recommends adopting the ordinance. All the persons Sorensen. Thank you mayor move to receive the report of the committee and adopt the ordinance. Second. Thank you for that motion and support. Is there any discussion on this motion? Go ahead all the person Decker. I just want to say this is a great collaboration between the police department and the neighborhood committees and stuff that this is where this kind of came from. This is going to solve or help solve some of the neighborhood problems we've had with people parking cars doing taking out leaving junk cars all over the streets. We've had some issues in the Indiana corridor and the King Park neighborhood and I hope that you will support this. Thank you for those comments. Is there any other discussion? Seeing none will the clerk please call the roll for passage. Eight ayes. Motion passes. Under general ordinances item 6.1 through 6.3 will be referred to various committees and next is adjournment. All the persons Sorensen. Thank you mayor. I move to adjourn and wish everyone a happy holidays and a very merry Christmas. Second. Thank you for that motion and support. All those in favor of the motion please signify by saying aye. Aye. Opposed? Aye. Opposed? We stand adjourned. Thank you for your time tonight.