 to order this is the seventh regular meeting of the 2011-2012 Common Council and our city clerk Sue Richards will read us the quote of the evening. Thank you mayor. For changes to be of any true value they've got to be lasting and consistent. Thank you Sue. Roll call please. Belt. Here. Warren. Here. Carlson. Here. Dekker. Here. Hammond. Here. Heidemann. Here. Cot. Here. Kittleson. Here. Madacheck. Here. Rinfleisch. Here. Riesler. Excuse. Samson. Here. Van Ekren. Here. Vanderweel. Here. And Versey. Here. 14 present. Have a quorum now if we can all stand and Alderman Heidemann will lead us in the Pledge of Allegiance. Pledge of 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 Joe looking for approval of the minutes of the prior Common Council meeting President Rinfleisch. Thank you Mr. Mayor. I move that we approve the previous minutes. Second. We have a motion and a second to approve the minutes under discussion. There is no discussion all in favor say aye. Aye. Opposed. Minutes are approved. Resignations. Attorney McLean. Thank you Your Honor. There's a communication from Mark Hanna to the city clerk advising them as of Friday June 24th to and no longer within his Aldermanic district and therefore resigning. Thank you Steve looking for a motion. Thank you. I move that we accept the resignation of Alderman Hanna and in doing so to thank him for his long service in the council. Second. We have a motion and accept in a second to accept and file the resignation under discussion. There is none all in favor say aye. Aye. Opposed. Motion carries. None this evening. No public forum this evening. We have the election of the chairperson of the committee of the whole. Thank you Mr. Mayor. Do I need to call to order the committee of the whole? Okay. I call to order the committee of the whole for the purpose of electing the chairperson. Second. I look for a nominations from the floor for the position of committee of the whole chairperson and if there are more than one we eliminate the lowest vote getter until we have a candidate who earns the majority. Second. Is there a motion first? Motion made. Second. Okay. Now accept nominations from the floor. Any nominations from the floor? I'd like to nominate Alderman Born in the fourth district for committee of the whole chairman. Second. Motion made to nominate Alderman Born. Is there any other nominations? Are there any other nominations? Are there any other nominations? See none. I asked for a motion to cast a unanimous belt for Alderman Born to be committee of the whole chairperson. Second. Motion made. Second. All in favor of that motion say aye. Aye. Chair votes aye. Opposed. Motion carries. Congratulations. Thank you. I need to adjourn now. Second. Motion made. Second to adjourn. All in favor say aye. Aye. We stand adjourned. Thanks. Okay under Mayor's announcements first of all I would like to welcome Mayor Robb and our contingent from Essling and they've been in our town for three or four days now. We were able to tour the fire department today. We toured the police department and we toured the sewage treatment plant. They've been staying at the Blue Harbor. Some of you may have seen them on the fourth of July at the parade and all. They were kind enough to be in our parade and we do have a farewell bond voyage gathering at the Highland House after this meeting. That is all all Alderman are invited to that and that is why we are holding the meeting early so welcome folks. Okay I would like to announce we do have an alder person vacancy with Alderman Hannah moving out of his district and resigning from the from district one. So we have an alderman alderman alderman vacancy in district one wards one and two. If you would like to campaign for this position it's one of the easiest ways to campaign for alderman. Simply drop drop off a letter of interest and hopefully a biography of what you want to be an alderman and what your qualifications are to the city's clerk to the city clerk office by Friday July 15th. The election for the position will be held on Monday July 18th. So all interested persons will be given an opportunity to speak. We normally hold that to five minutes before the council at that time. And if that alder person then elect will be sworn in on Monday August 1st. So anybody who is interested in becoming an alder person in district one now is the opportunity. That is all I have for Mayor's announcements. Moving on to the consent agenda. Consent agenda seven one two seven eight. President Rinflesch. Thank you Your Honor. I move that all reportive committees all reportive officers and does not seem to be any resolutions be accepted and adopted. Thank you Mayor. Is that district one where alderman Hannah was? I thought that was district seven. It is district seven. I was looking at the new map. It is district seven. I'm sorry. And then that would be up on the far north side of town then. That is up on the far north side of town. It is district seven soon to be district one. We have to go with what it is now. Right. And another just a note with the district changes whoever does run for that position may want to note what the new districts are going to be because they may be out of their district from the next election cycle in the spring. Thank you. Okay. Consent agenda seven one through seven eight. President Rinflesch. We have a motion on the second on the consent agenda. Under discussion on the consent agenda Alderman Boran did you have anything? No. Thank you. On the consent agenda there is no discussion. Bill Paul please. Belt. I. Boran. I. Carlson. I. Decker. I. Hammond. I. Heidemann. I. Coth. I. Kittleson. I. Maddochek. I. Rinflesch. I. Sampson. I. Vanderweal. I. And Vanakren. I. And Percy. I. Forteen eyes. Motion carries. Communications and petitions seven nine and seven ten to be referred. Reports of officers two seven eleven through seven fourteen to be referred. Resolutions introduce three seven fifteen by Alderman Hammond authorizing entering into an agreement with Graf to prepare a conservation plan for the Shookert farms property. Alderman Hammond. Thank you Mr. Mayor. I would ask that we suspend the rules on this one. We're working with the DNR and time is of the essence to get this in so that the next phase of the project can start. Second. Motion a second to suspend the rules. Is there anybody opposed to the rules being suspended. There is not the rules are suspended Alderman Hammond. Thank you again Mr. Mayor. I move the resolution be put upon its passage. Second. Motion in a second to put the resolution upon its passage. Under discussion if I may just comment this is a forty thousand dollar grant that we got for preparing the conservation plan for the future green corporate business park and we need to have this finished by September 30th I believe so that's why the rules are suspended. Any discussion. There is no roll call please. Warren. Aye. Carlson. Aye. Decker. Aye. Hammond. Aye. Heidemann. Aye. Cotth. Aye. Kielsen. Aye. Manachek. Aye. Rinflesch. Aye. Sampson. Aye. Van Ackren. Aye. Van Der Wiel. Aye. Bursey. Aye. And Belt. Aye. Forteen. Aye's. Motion carries. Seven sixteen by Alderpersons. Warren, Carlson, Sampson and Bursey requesting the fire chief to draft a long range plan for the city of Sheboygan fire department by the second council meeting of August 2011. We have a motion. I'd like to have a motion to suspend the rules. Second. And for further discussion just giving them an extra two weeks time you know it's we've had the time already just giving a little extra time on top of this 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. Okay, is there anybody opposed to the rules being suspended? Aye. We have one opposition to the rules being suspended. Okay, we do have opposition. We'll have to have a roll call vote on suspending the rules. Why do we need to suspend the rules? You just explain. Give me an extra two weeks time. Couldn't push the couldn't push the time limit out two extra weeks. The second council meeting in August put it at the first or second one in September. Sure. I mean the reason this is something that was actually supposed to be December 31st. So most of it should be done. Okay, we're going to take a roll call vote on suspending the rules and I vote will suspend the rules on this subject. We need a three quarters vote. We need a three quarters vote in order to suspend the rules. Alderperson Kittleson, would you like to speak on suspension? I would like to speak on suspension. Again, I need to suspend the rules because I guess I'm not understanding again why would we need to suspend the rules on this? Suspension of the rules. Alder Alder Alder Alder Alder, would you like to reiterate your question? Sure. Just given the next things in there. Just given the extra two weeks. I'm the way I see it is most of this probably should have been done probably was done before the December 31st deadline came. Adding this to it just to give us budget time as well because August is also in finance when this is going to be talked about. So having this done by that time period is going to be more adequate and also more fulfilling in the Finance Committee, knowing where it's going so. Okay, any other discussion on suspension of the rules? If there is none we will do a roll call vote on suspension. President Wrenflish, please. Thank you. On my own behalf I would be very interested in seeing this report knowing that we are entering the budget cycle and budget process. This is information I think is probably already in existence in the sense of a long-range plan. I know the police chief and the mayor had taken a trip around other areas. Fire chief. Excuse me. The fire chief and the mayor had taken trips around various communities, seen some other plans. I think the information is already there. On my own aspect I would like to see the information that I can use when a budget time comes through. How can we best protect our community, best fund the staffing that we need for that community as well. So I'm confident that the second week in August is probably enough time. I don't think we're asking for anything that the council hasn't asked for before. So I think it's in existence and it will definitely help me, at least personally, come budget time to make those tough decisions that we have to make. Thank you. Okay, any further discussion? We are only discussing suspension of the rules. Alderman Hammond. Alderman Samson. Thank you Mr. Mayor. Are we looking at just suspending the rules to extend out the August 15th? Or what's the issue of having to suspend the rules then as opposed to not? Just some clarity. As a new resolution it all needs to lie over for the next council meeting or be referred somewhere and then come back to the next council meeting as a new resolution unless we suspend the rules and then it becomes, if the rules are suspended and the resolution is passed, that would certainly direct the Fire Chief then to present the report that these all persons are looking for right now. If it doesn't suspend the rules, basically nothing happens for two more weeks. One would assume that the Fire Chief would still be working on that just in case, but that way there's no doubt if that's going to pass or not. So that's the reason why for the suspension. So it doesn't have to lie over for the next time. Thank you President Ridflige. Still under discussing suspension of the rules? Alderman Van Agren? Thank you Mr. Mayor. I guess I'm just helping to clarify. Excuse me. I'm just helping to clarify or looking for some clarification. If we don't suspend the rules this will then go to a committee and be discussed in that committee and then brought back as everything else is or it will just be, I guess that would be my question is the way it lies now without suspending it will go to committee and come back with suspending this. This is not headed to a committee right now. Okay. If somebody would like to refer it to a committee they could in discussing suspension of the rules we're simply discussing that it would not lie over for two weeks. Okay. But there would be no committee discussion because this is not being referred to a committee it's being directed. Okay. Any further discussion on suspension of the rules? We will do a roll call vote. A yes vote will suspend the rules. Carlson? Aye. Decker? Aye. Hammond? No. Heidemann? Aye. Coth? Aye. Kittleson? No. Maddachuk? Aye. Rindfleisch? Aye. Samson? Aye. Ann Akron? No. Banderwheel? Aye. Versi? Aye. Belt? No. And Bourne? Aye. Chenai's forenose does not pass. Okay. We don't have a three-quarters vote for suspension so the rules are not suspended. This will lie over to the next meeting unless somebody wants it referred to committee for discussion. All the person Kittleson? Thank you, Mayor. We cannot discuss here then this evening or make another motion. This would just lie over this evening. Yes. Without suspending the rules it lies over correct attorney McLean? Yes. It could be discussed in committee before it comes back. Then I guess I'd like to make a motion to refer this to the public protection and safety committee. Second. We have a motion and a second to refer to the public protection and safety committee. Just require a vote. Okay. Okay. Under discussion on referring to PPNS, Alderman Bourne? Thank you, Mayor Ryan. I really see no purpose in referring this to public protection and safety. The council asked for this long-range plan for the fire department last year and somehow it got waylaid somewhere along the process. We've been asking for this reorganization or long-term plan for almost a year now and sending it to the committee to rehash what we've already discussed over the last year to get a long-range plan for the fire department. It doesn't seem necessary to me even though this lies over for the next two weeks. I think the chief should start working on his long-range plan and have it ready for August 15th. In fact he should have been working on it all this time even though it hasn't come to fruition. Thank you. Thank you, Alderman Bourne. I do believe we need to remember that the reason that the there was no reorganization of the fire department was that the council accepted a pay freeze from the fire department and at that point then they were guaranteed X amount of positions. That's why nothing was done in the fire department over the budget year 2011 that we're in right now. So that is it didn't disappear. It was it's pretty hard to reorganize something if you have the guaranteed staff. Alderperson Kittleson. Thank you Mayor. Thank you. We also have a strategic fiscal plan that is out there that we're waiting for the ladies from Whitewater to come back and I think that that's what we were waiting for with with all departments. They were going to give us some direction as to which way we were to go as well. And I also believe if we're asking for a long-range plan from the fire department then we need to be asking for a long-range plan from every department. I think this council needs to give some direction as far as the budget goes. What what direction are we going and I believe the maybe the mayor and the finance director has already started the budget process but I think that that's what we need to look at and I think in the committee at our committee public protection and safety I plan to put those issues on the agenda very soon. That's so we can start talking about the budget and what direction we want to go in. Thank you. Thank you Alderperson Kittleson. Alderman Barn. Thank you again Mayor Ryan. The key to this and we asked for this last year was a long a long-range plan that's what we asked for last year even though our ties our hands were tied for this budget year that's fine but the key is long-range plan and that's what we asked for last year we didn't get that and even though we couldn't do anything because of bargaining for 2011 the chief could have still came forward with his long-range plan for 2012-2013 and beyond so I just think it's it's a waste of time for that to go back to the committee it's been hashed over and it's been hashed over I think it's time for the chief to move on and present his plan for the future for his department thank you. Thank you again Alderman Barn. Alderman Versi. Thank you your honor one of the main reasons to is the chief always asks he comes up in front of us and asks for direction when we try and ask him to just break it down in his own words in his own way he says well what does the council want what's the direction the council wants well this is kind of giving him a little bit of direction but we can't give too much direction because then we're micromanaging so this is giving him that little bit of direction that he needs that he's been asking for now we can go ahead and go with this direction so thank you. Thank you again Alderman Versi. Alderman Van Akron. Thank you Mr. Mayor I agree with this going to our committee I believe it'll give the opportunity to ask some questions as to the three items that are being brought up in this resolution it'll also give us a chance to I guess discuss with the fire chief the effects of what these three proposals will have I think it's just a good opportunity to I guess discuss these options that are being brought forward and I guess discuss the effects of that and discuss whether or not this is really the best route to take from here on out. All we're discussing right now is sending this to committee can we can we just take a vote on sending it to committee Alderman Versi last time. Thank you one last time well then if that's such a concern going to committee then it shouldn't go to just PP&S go to committee the whole then and have every Alderman in this room have partaken on just PP&S thank you. Thank you Alderman Versi but right now we're discussing referring it to PP&S and I would like a roll call vote. Can we do that at this point roll call vote please. I guess it would be to send to PP&S. Depper. Hi. Hammond. Hi. Heidemann. No. Ka. No. Nelson. Aye. Maddachuk. No. Excuse me. Rindflash. No. Samson. No. Van Akron. Aye. Vanderweel. Aye. Versi. No. Belt. Aye. Foran. No. Carlson. No. Six eyes. Eight no. Okay motion fails to send it to PP&S. Would somebody like to make a motion for committee of the whole. President Rindflash do we have a second on sending it to committee of the whole without discussing it for the next half hour. Does anybody have any input. Okay. We will take a because I know it will be a split vote a roll call vote on sending this to committee of the whole for discussion. So. And I vote would be committee of the whole. Hammond. Aye. Heidemann. Aye. Ka. Aye. Hiddleston. Aye. Maddachuk. Aye. Rindflash. Aye. Samson. Aye. Van Akron. Aye. Vanderweel. Aye. Versi. Aye. Belt. Aye. Foran. Aye. Carlson. Aye. And Decker. Aye. Fortina. Okay we'll be referred to the committee of the whole. Committee of the whole chairman Boran you will set that date. Yes I will. Thank you. Moving on. 717 by Alderpersons. Hammond, Rindflash, Boran, Maddachuk and Van Akron authorizing the appropriate city officials to enter into contract for thermal imaging camera for the fire department. Alderman Hammond. Your Honor I need to suspend the rules. Second. We have a motion and a second to suspend the rules. Explanation. Sure. We got a donation for these cameras and so now they just want to enter into the contract to buy the cameras. There's no really money out of our pocket for this. Okay is there anybody opposed to the rules being suspended? Any opposition the rules are suspended Alderman Hammond. Thank you again Mr. Mayor I move that the resolution be put upon its passage. Second. Motion and a second to put the resolution upon its passage under discussion. If there is no discussion we will call please. Hammond. Aye. Item in. Aye. Cut. Aye. Kennelson. Aye. Maddachuk. Aye. Sampson. Aye. Van Akron. Aye. Van Der Wiel. Aye. Versi. Aye. Belt. Aye. Foran. Aye. Carlson. Aye. And Decker. Aye. Fortina. Motion carries. 718 by Alderman Persons. Hammond, Rindflesh, Boran, Maddachuk and Van Akron implementing the City of Sheboygan pickup of an employee retirement contributions pursuant to IRS 414H2. Alderman Hammond. Thank you again Mr. Mayor. Motion to file. Motion to file. Is there a second? Second. We have a motion to file in a second under discussion. Alderman Hammond. After the budget bill was passed the Senate or they passed act 32 which gave guidance to local municipalities on what, on collecting these payments on a free tax basis. So really we're filing it because we don't have to do anything with it. Okay. Motion in a second to file under discussion. Thank you Alderman Hammond. You're welcome. Under discussion. President Rindflesh, anything on that? No, just one second. Very good. Okay. If there's no further discussion roll call please. I do it all by us. Okay. Let's just take a all vote. All in favor say aye. Aye. Opposed? Motion carries. 719 lies over. 720 and 721 to be referred. Report of committee 6, 722 lies over. 723 to be referred. Report of committee 7, 724 by law and licensing recommending denying beverage operators application number 9137 based upon the applicant's record of violations related to the licensed activity. Law and licensing. Alderperson Vanderweel. Thank you Mr. Mayor. I move that the RO be accepted and placed on file. Second. Second. We have a motion and a second to accept and place on file under discussion. Okay. Is Chelsea Paddock here tonight? She's here. Chelsea, would you like to be heard on this? Please step up to the mic. And under discussion, I was not at that meeting. So we're just going to kind of fill us in on. Chelsea, what's your last name? Paddock, P-E-T-E-K. Yes. Okay. As she just directed, I can offer explanations for every one of the candidates that come forward except for this one. I need to abstain as I know her quite well. Okay. Who was on the, who else was on the committee that's familiar with us? This was Alderman Hanna's committee who is no longer here. So Alderperson Cuth please. Thank you, Mayor Ryan. Chelsea Paddock came before our committee and there was a two to one vote to deny one abstention. And we're looking at, there are four offenses, the fourth offense you did tell our committee for shoplifting. And you really didn't need the license. My understanding because you got a full-time job at a local grocery store working in the deli. What's that? I would like to kind of amend my statements that I made at the last meeting. Okay. And I'm not working full-time in the deli at, I'm working part-time. I need the license to help out with my family's business so I can bartend and be there alone. And I also need it while working at festival if I would like to say transfer to being a checker or anything like that. People come through, they buy beer, I need my license to do that. If I don't have this license I'll be stuck in the deli and that could pose a professional problem. Can I ask for the benefit of the council? You had four violations? Yes. Can you explain what those were and when the last one happened and what it was? Sure. When I was 15 I shoplifted, it was like one incident but it was at a couple different stores in the mall. Which is why I was charged with three then. And then in March at Walmart I was with some people and we made stupid mistakes and I did not try to hide my mistakes. I paid my dues, I put it out there and I accepted and it's not going to happen again. So that was this past March? Yes. March of 2011. Yes. Is there any questions from the council? Alderman Bourne. Thank you, Mayor Ryan. Ma'am where will you be working with your beverage license right now? If we grant it, where will you be working? Petix Tavern. Petix Tavern? Yes. Thank you. You said that's your parents business? Yes. Okay, any further questions from the council? Any further discussion? You may sit down. Thank you. Okay, we will do a roll call vote on this. Yes. An aye vote would deny the license. Right. A no vote will grant the license. Heidemann? No. Cot? No. Kittelsen? No. Manichak? No. Rindfleisch? Abstain. Samson? No. Van Akron? No. Vanderwiel? No. Belt? No. Boren? No. Carlson? No. Decker? No. Hammond? No. One abstention and 13 noes. We have to vote to grant the license. Okay, that was a vote to not hold up the RC. We need another vote to grant the license. Would somebody like to make a motion? Alderman Versey? I'd like to make the motion to grant her license. Second. Motion to second to grant the license under discussion. All in favor of granting the license state aye. Aye. Opposed? Motion carries. Abstain. So it has to be a roll call. Okay, we need a roll call on this. Okay. An aye vote would be to grant. Cot? Aye. Kittelsen? Aye. Manichak? Aye. Rindfleisch? Abstain. Aye. Van Akron? Aye. Vanderweel? Aye. Versey? Aye. Belt? Aye. Warren? Aye. Carlson? Aye. Decker? Aye. Hammond? Aye. And Heidemann? Aye. I'm sorry, 13 ayes and one abstention. Okay, the license is granted. You will have to go to the city clerk's office in order to pay for your license and pick it up. Not now. No, not right. It will be like tomorrow. Tomorrow. Okay. Moving on. 725 by law and licensing. Recommending denying beverage operators application number 2129126. Based on the applicant's failure to accurately reveal all revelant convictions on his application, his record of violations related to the licensed activity and his record as an habitual law violator. Holder, person Vanderweel. I move that the ROB be accepted and placed on file. Second. Is Wesley Melton here tonight? He is your honor. Under discussion, I do see that it was a denial for denied it. No one approved it. And there's quite a lengthy list of violations. The most recent ones are bail jumping and disorderly conduct which occurred in 2010. Okay. Mr. Melton, would you like to speak on this? Yes, sir. Please step over. Wesley, it's M-E-L-T-O-N. M-E-L. Yes, ma'am. M-E-L-T-O-N. You might want to pull the mic down just a little bit. There you go. Mr. Melton, can you explain? Would you like me to take another first? That's not necessary. No, that's not necessary here. First of all, I did write a letter to the common counsel. Was that received? As a response since the city attorney. It isn't. Have you all had a chance to read it? 737. 737 is the document. 7-37 under other matters. Okay. Thank you. Has everyone had a chance to read my letter? They didn't. Okay. Well, I'll just go on. I did that because I got this letter from the city attorney, Charles Adams. I did a little bit of research and my record is not as bad as he had presented. I don't know. Some things got messed up. There was a case number or ticket number D7264. That was dismissed. He said that I owed some money. I got a receipt here from the municipal court. I don't know anymore. Everything's paid over there. And basically, I read my letter. I just, I had a very difficult time when my wife became ill. I was extremely emotionally traumatic experience and resorted to too much alcohol use. Those times are over. I've since completed that outpatient AODA program. I successfully completed a year of probation. I've been volunteering at my family connections for two and a half years. I'm starting my junior year of college. I'm a responsible person. I love this community. I've made it my home. I've been here almost seven years and I plan on staying here and raising my daughter here. Working at FaZe Pizza part-time. Getting more hours in the summer because I'm not in school right now. They don't sell much alcohol, but they have a lot of underage people there. And it's necessary for me every once in a while to serve one or two bottles. Maybe three or four bottles a beer a week. It's really not in drinking establishment. You guys all know FaZe Pizza. The owners trust me. I'll never be working alone there with alcohol. The owners always get there to open up the place and warm up the ovens and everything. I was licensed in the state of Virginia and the state of California. I've been in the field for over 22 years. Never had a single violation as far as alcohol service. My record looks really bad. I admit it. It's terrible. I didn't do anything really, really heinous. But I made a bad decision. It doesn't mean I can't do my job. Just when I was depressed and everything. Oh, I also completed a year and a half of counseling with Toby Watson's office. Personal individual counseling. That's all. Thank you. President Rindflash. Thank you, Your Honor. I was present at the meeting. So I'll give a little more information to the committee for those that are wondering. The information that we received from the assistant city attorney is as follows. Mr. Moulton received a 2005 misdemeanor bail jumping, which is actually a felony, a 2005 third offense OWI, a 2006 battery, and a 2006 disorderly conduct. So those were revealed on the application. What he should have revealed the following. A disorderly conduct in 2005, an OWI third in 2005, disorderly conduct in 2006, another disorderly conduct in 2006, another disorderly conduct in 2006, another disorderly conduct in 2006, battery in 2006, bail jumping in 2006, annoying phone calls in 2006, disorderly conduct in 2008, disorderly conduct in 2008, child neglect in 2008, resisting in 2008, theft in 2008, disorderly conduct in 2009, OWI fourth in 2009, OWI related operating after revocation in 2009, bill jumping in 2010, bill jumping in 2010, and it's early conduct in 2010. Mr. Melton should have revealed all violations. He also owes the city $271.50 via the circuit court, not the municipal court, the circuit court. That must be paid before the license may be issued if granted. This is his first chance to appear in a new application. Mr. Melton did appear and did cooperate with the committee in answering questions. The new application is significant because once the app license is granted, you have to go through the process of the quasi-adjustable hearing to take it away for particular reason, but the bar is set a little bit higher when you grant the new license to make sure that you're giving it to the right candidate. Mr. Melton today listed one case as dismissed. We did not have that information at the committee level. That may be entirely true. The background check is done in multiple ways in the city attorney's office. It's not only CCAP, but it's also the municipal court, the circuit court as well. Mr. Melton didn't also mention that he would not be working alone, and as such, if there was another license bartender on premise with direct supervision, he would not actually need the license. So using that information, we did vote to deny 4-0. Thank you. Thank you, President Runeflesh. Is there any other questions from Mr. Melton from the council? All to person Kittleson. Thank you, Mayor. So what you're telling us is that you will still be able to keep your job if you are not granted the license? I don't know. Is that the understanding? I didn't make that statement. I'm just questioning that. Maybe someone from the committee would be able to answer that. He wouldn't be able to hold on a job yet at Faze Pizza if he did not have the liquor license. President Runeflesh. Thank you. To clarify, that statement was not made in committee. It was made just now in this council chamber saying that he would not be working alone, that there would be other people there as well, which to me means that if he's not working alone, he doesn't actually need to have the license to serve beers as long as there's a direct supervision of somebody with a license. That was not his statement, that was a direct statement. That was a statement using information as given this evening. My personal opinion is Mr. Melton did go through a rough stretch. And my personal opinion is that he seems to be trustworthy in getting his life together and doing the right things. But with that lengthy history and with things as recent as a year ago in 2010, I look at that record and how do I then deny somebody else who may not be as a good person. And I leave it to the council to go with their gut instinct to what they feel. But the way that the committee looks at it as well was to say, with this lengthy record, if we grant this one, what right do we have to deny somebody else down the road? Thank you. President Runeflesh. A lot of person. Thank you, Mayor. May I ask, you're working full-time at Faze Pizza. What is your job situation? Right now I... Wait a minute. That's a good question. My schedule is dependent on this because everyone else is underage and the owner cannot be there all the time for me. So that's just the way I do for livelihoods, what I've done for almost 23 years. And like I said, I really don't think that some of the bad decisions I made when I was under the influence of depression are really relevant to my capabilities before my job that I've done for over two decades. Last offense, may I ask one more time? When was the last offense? I got convicted last year, but it happened somewhere in 2009 right after I got divorced. I was also separated from my child for six months. And your fines as well? You still have an outstanding? Everything's paid. I check with circuit court and municipal court. I still have to make $25 payments towards my circuit court. Did you have that worked out? Court costs, yes. I'm up to date with that. Thank you. Thank you, President Kittleson. Alderman Sampson. Thank you, Mr. Mayor. I guess my concern would be is that was a rather lengthy list of information that was excluded from the application process. In all fairness, I didn't fill out the application. Someone else did. They asked me a couple of questions. That's all. It was very informal. I never even saw an application. I guess that would be an even greater concern of mine than fulfilling an application that's for you to allow somebody else to fill in. It still doesn't excuse the fact that there was even more information not included on that application, whether you filled it in or somebody else filled it in. All they did was ask me questions. I understand that, but there's still a great deal of information that was not included on that. I guess I kind of see why. Thank you. Thank you, Alderman Sampson. Alderperson Cuth. Thank you, Mayor Reign. Leslie, I appreciate the fact that you've acknowledged that you've had a few bad decisions, but you've had 26 bad decisions since 2005. And that is why the committee- That's not what my record says. I understand that, but this is the information that the attorney had given us at the committee, 26 bad decisions since 2005. And that's why the committee- Law and Licensing denied the license 40-0. Well, I'll ask the Department of the Office of Lawyer Regulation to check into his statements because they're following. Okay, does anybody have anything else? President Rindlisch. Thank you. This issue comes up occasionally within the Law and Licensing of the application process. It is electronically at the desk. It is completed there. But there's something very significant that Attorney Adams brings up consistently. The last step is that it is printed out for the applicants. And there's a signature line. The signature line, I don't have the exact word, says that all knowledge is complete to the best of my knowledge. And the applicant has to sign that. So I understand that the process of completing that might be confusing. It might be embarrassing listening to everything at that point in time. But there's a signature and a document that says that it's completed to the best of his knowledge. There are substantial amounts of things that were left off. Some things may have been, because we don't have all the details of that, something happened as we heard previously. One incident is actually three charges. That may be the case. And then the applicant only lists one. But it's extensive. The other thing that the committee often looks at is the time factor between the last incident and the current date. And as Alderman Vanderweil pointed out, that the most recent ones were three of them in 2010, a year distance in the past. Often we do look at someone's lengthy history, but if nothing's happened recently, we can say, well, obviously this person has turned over a new leaf. My concern is in the last three years that the last three incidents happened a year ago, excuse me. That's probably not the case. So again, I'm not up here to beat up on somebody saying that they're not worthy, they're not a decent human being. The purpose of the committee is to protect and protect public safety. And by doing so, we make sure that we only grant licenses to those that we're confident will have the public safety in mind. And in my opinion, the record does not show that this time. Okay. Thank you. I'll do President Rindflesh. Is there any further questions for Mr. Melton? If there are none, you may sit down, sir. Thank you. Okay, we will do a roll call vote on this. An aye vote would deny the license. A no vote would not. Two. What was that? That was an aye. Thank you. Kittleson. Aye. Madaček. Aye. Rindflesh. Aye. Sampson. Aye. Van Akron. Aye. Vanderwiel. Aye. Versi. Aye. Belt. Aye. Warren. Aye. Carlson. 13 ayes, one no. The license is denied, sir. You may reapply again next year. So we can revisit this in a year? Yes. All right. Okay, moving on. 726 by law and licensing recommending denying beverage operators application number 9082 based on the applicant's failure to accurately reveal all relevant convictions on his application and his record of violations related to the license activity all their person. Thank you, Mr. Mayor. I move that the RO be accepted and placed on file. Second. We have a motion to accept and placed on place on file under discussion. Nathan Tempest here tonight. He's not here. Please continue. Basically he had revealed one violation when he should have revealed a few others that happened previously and the committee denied him three to one. Very good. Is there any further discussion? There is no discussion. Roll call, please. And I vote would deny the license. Hiddleston. Aye. Manichek. Aye. Greenflash. Aye. Sampson. Aye. Van Akron. Aye. Vanderwill. Aye. Bursey. Aye. Felt. Aye. Warren. Aye. Carlson. Aye. No. Motion carries 727 by law and licensing recommending denying beverage operators application number 915 based on the applicant's record of violations related to the licensed activity. Once again, Alderperson Vanderwill. Thank you, Mr. Mayor. I move that the RO be accepted and placed on file. Second. Motion and a second under discussion. Is Jeffrey Wally here tonight? He is not here, Your Honor. He had, it was a new license and he revealed the 2009 resisting and appending OWI. And he had actually been convicted of the OWI and has lost an appeal to the court of appeals. And he was 8880 in court fines. And the committee denied him 4-0. Thank you, Alderperson Vanderwill under discussion. There is no discussion. Roll call please. Manichek. Aye. Greenflash. Aye. Sampson. Aye. Van Akron. Aye. Versey. Aye. Belt. Aye. Boran. Aye. Carlson. Aye. Decker. Aye. Hammond. Aye. Heidemann. Aye. Cuth. Aye. And Kittleson. Aye. 14 ayes. Okay. 728 by law and licensing. Making no recommendation on beverage operators license for Mike Garuno. We just have to have a motion. Motion to file. Actually, the committee did not decide what to do. So now the council has to decide what to do. Okay. So the committee had a tie vote on this. Grant. Grant. Okay. Alderperson Vanderwill. I'm making a motion to accept and place on file. Or to. Accept and adopt. Accept and adopt. Under discussion. Do you have information on Mr. Garuno? It was a 2-2 vote and let's see. In 1997 he had a felony alluding officer causing death. And I haven't, from Julie's notes, nobody died. 2001 contempt of court. That's what I have. And then in 2002, 2003, 2005 and 2006 he had disorderly conducts. And in 2008 he had a trespassing. And I think Alderman Rindflash would probably be able to give you a little bit more of what actually happened at the committee. President Rindflash, please. Nobody died. Nobody died? Nobody died. Nobody died. Okay. We thought that was unusual too to have a felony alluding officer causing death. And with actually no death involved. Given an explanation by the assistant city attorney, it's possible that that got amended or something. Somehow on the record it doesn't necessarily show it. It is from 1997. And he did not reveal that for the disorderly conducts. I think our concern for those who had 2-2 ties. So it could have gone either way. Really depending on if Alderman Hanna was there or not to, I'm sorry if Alderman Van Der Roel was there, not to decide. But my personal opinion was that Mr. Grunow is beyond that stage in his life. It's been since 2008. So three years at least since the trespass in 06, so five years since anything that the committee really is concerned about the disorderly conduct is one of those issues that we've frowned upon. But I couldn't get over the felony alluding officer from, I guess, well 14 years ago now. Was Mr. Grunow told he could appear before the council this evening? And I don't believe he's here. He's not. Thank you, President Rinflesch. Under further discussion, Alderman Bourne. Thank you, Mayor Ryan. Somebody from the committee can tell me where Mr. Grunow intends on working with this license and also was there a recommendation from your police representative to the committee as to whether you should grant or not? President Rinflesch, you got the job. There we go. Thank you, Mayor Ryan. Mike Grunow, his parents own slides and he'll be working at slides. He's also a full-time online student and at this time he does have kids and he has not had anything on his record for the last three years. So I was one of them, one of the Alderman that voted to get the license. President Rinflesch. And the second part of your question is we did not have a representation from the police department that day. So we don't really know what the recommendation would have been in that case. It's something that I take very seriously. Obviously it may have happened a long time ago. But the reason I voted to deny was based off of that. But again, it's been a long time and I think as a person he's probably changed. This is a situation also where he would be working for a family business if it matters to the council. I know Mr. Grunow is not here but he did call my office on this matter and he sounded intelligent enough to know that he's done wrong in the past. Is there any further discussion? I just think the motion ought to be clarified here. I believe to accept and adopt. But the recommendation is no recommendation. So I think there ought to be a motion to grant the license or deny the license and then hang on. Do we have a motion from Alder-Verse and Vanderweel? I'll make a motion to grant the license. Second. We have a motion to second to grant the license. President Ritz-Leich, once more. Knowing my vote wasn't to go against Mr. Grunow, it probably still maintains that however for the council's sake Alder and Vanderweel's vote would have made it 3-2 to grant the license and we probably wouldn't be here today talking about this candidate. So take that into effect as well. The recommendation with that motion would probably be to grant the license. Thank you President Rintleich. Any further discussion? If there is no roll call please and I vote would grant the license. Rintleich? No. Samson? Aye. Dan Akron? No. Vanderweel? Aye. Versey? No. Belt? Aye. Lauren? Aye. No. Excuse me? No. Thanks. Decker? Aye. Hammond? Aye. Feidemann? No. Cough? Aye. Ilson? Aye. Manichuk? Aye. Nine eyes, five noes. Licenses granted. Will somebody call Mr. Grunow and let him know that? He'll turn his office off as well. Okay. 729 to be referred. Report of committee 8, 730 by finance recommending authorizing a transfer of appropriations in the 2011 budget establishing revenue and appropriation for contribution from Sheboygan Chevrolet for the fire department thermal imaging camera. Alderman Hammond. Thank you, Mr. Mayor. I move that the RCB accept and adopted and the resolution be put upon its passage. Second. We have a motion to second to accept and adopt and put the resolution upon its passage under discussion. There's no discussion. We'll call please. Samson? Aye. Van Akron? Aye. Vanderweel? Aye. Bursey? Aye. Helt? Aye. Boren? Aye. Carlson? Aye. Decker? Aye. Hammond? Aye. Feidemann? Aye. Cough? Aye. Kittleson? Aye. Manichuk? Aye. And Rindfleisch? Aye. I think it's appropriate to thank Sheboygan-Chevrolet for the very generous donation to the fire department. Yes, I believe this was a $15,000 donation, wasn't it? Cheat. 7800. 7800. We'll take it. Yeah, very generous of them. And thank you, Alderman Hammond. Thank you. Okay. Ordnance is introduced 10, 731 through 734. Lies over. 735 to be referred. Matters laid over 11. 633. Resolution number 321112 by Alderperson's Hammond, Rindfleisch, Boren, Maddachek, and Van Akron. Authorizing a transfer of appropriations in the 2011 budget. Establishing appropriation for purchase of a replacement vehicle for WSCS cable TV. Alderman Hammond. Thank you. I move the resolution to be put upon its passage. Second. Motion in a second to put the resolution upon its passage under discussion. There's no discussion. Roll call please. Van Akron. Aye. Van Der Wiel. Aye. Versi. Aye. Belt. Aye. Boren. Aye. Carlson. Aye. Necker. Aye. Hammond. Aye. Heidemann. Aye. Coss. Aye. Kittleson. Aye. Maddachek. Aye. I move the resolution to be put upon its passage. Second. Motion in a second to put the resolution upon its passage under discussion. There's no discussion. Roll call please. Van Der Wiel. Aye. Versi. Aye. Belt. Aye. Boren. Aye. Carlson. Aye. Necker. Aye. Hammond. Aye. Heidemann. Aye. Coss. Aye. Kittleson. Aye. Maddachek. Aye. Rinflesch. Aye. Samson. Aye. Van Akron. Aye. Ortina. Aye. Motion carries. Other matters authorized by attorney McLean. That will be referred to the Board of Parks and Forestry and Public Works. Okay. This is. It's supposed to be referred to law and licensing, but I think it could just be filed. Can we file it at this point? Second. Yes, it could be filed. Good job, Steve. Okay. We have a motion in a second to file this. We just heard Mr. Melton here this evening. All in favor of filing say aye. Aye. Opposed? Motion carries. 738 is communication, being a claim from Heather Bowman for alleged damages to her vehicle when she drove over a raised manhole and had hit her transmission pan. That will be referred to risk management. 739 is an ordinance amending section 38-3 of the municipal code relating to wards and aldermanic districts. That lies over. 740 is an RO by the city clerk submitting various license applications for the period in June 30, 2012 and June 30, 2013. That will be referred to law and licensing. 741 is a resolution directing the city's purchasing agent, the finance department, to evaluate, produce and select an RFP, RFI or RFQ for cleaning services that all facilities manage are owned by the city. That will be referred to finance. That's all for other matters. Motion to adjourn in a second. We remind everybody that everybody is invited to the Highland House. Second floor of the building immediately following this. All in favor of adjourning say aye. Aye. Opposed? We are adjourned.