 Call-to-order. This is the 11th regular meeting of the 2010-2011 Sheboygan Common Council and as is customary, our city clerk, Sue Richards, our city clerk will read the quote of the evening. Oh my, my, my, my. Okay, that's a good start to the night. You only live once, but if you make it work right, once is enough. If you make it work right, once is enough. Thank you, Sue. This is a quick reminder an election will be held at the September 20th 2010 council meeting to elect a board of Water Works Commissioner and any interested parties in serving on the the Water Department Board should contact our President Gene Kittleson. Gene's information is on the city website. Roll call please. Lauren. Here. Bauch. Here. Bowers. Here. Decker. Here. Hammond. Here. Hanna. Here. Heidemann. Here. Cott. Here. Kittleson. Here. Montemayor. Here. Rindflash. Here. Vanderweal. Here. Versey. Here. And Longamon. Here. 14. We have a quorum. If all of them in Longamon can please lead us in the Pledge of Allegiance. 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. Thank you, Bill. Resign, actually I'm looking for approval of the minutes of the former Common Council meeting. Thank you, Mayor. I move to approve the minutes of the last Common Council meeting. Second. We have a motion and a second to approve the minutes under discussion. If there is none, all in favor say aye. Aye. Opposed? Motion carries. Resignations. Attorney McLean. Kim Conway has resigned from the Harbour Center of Business Improvement District Board of Directors. That will lie over. We have a motion to file. Do we have a second? Second. Motion to second to file under discussion. There is none. All in favor say aye. Aye. Opposed? Motion carries. Mayor's Appointments. Attorney McLean. Honorable members of the Council, hereby submit the following appointment for consideration. Toby Watson to be considered for appointment to the Business Improvement District to fill the unexpired term of Kim Conway whose term expires 9-11-20-11 signed by the Mayor. That lies over. Now we have a tourism report, our quarterly tourism report. This will be given by Amy Gutierrez who is our Director of Tourism operating on behalf of the city in the Chamber. Amy. Good evening. I'm going to take you through about 10 or 15 minutes of a presentation on here and afterwards there'll be plenty of time for questions if you want to stay here all night otherwise you can move on to other business. So as we begin, as you know on June 1st this year, tourism was re-embedded in the Chamber, which provided several advantages, one of them being leveraging power, providing us enough resources to highlight all of the tourism assets of the city. Another advantage it provided was being able to utilize the county assets as other attractions and places in the county while pushing the city to the top of tourism, creating value and increasing our competitiveness in the market. In order to establish strong brand equity in a competitive tourism market for the city of Sheboygan and all tourism assets of Sheboygan County must be leveraged to create value for the customer. Let me explain. Value is created for the customer any time they receive more than they anticipated or more than they expected to pay for. Additionally, the success of tourism is intrinsically connected to the success of economic development throughout Sheboygan County and let me explain why. The purpose of tourism is tourism promotion, which increases overnight stays, which in turn increases room tax dollars collected, which also captures more discretionary dollars for businesses that serve the needs of tourists, which offers the chance to highlight Sheboygan County as a desired location for economic development. In determining marketing strategy, we must first understand our market performance, our current market performance. In 2009, since we're in the middle of 2010, are getting close to the end of peak season anyway, we capturing 2009 for research. In 2009, tourism expenditures for Sheboygan County dropped 16.7%. However, Sheboygan County continued to rank ninth in the state as a destination. Keep in mind here that this was a nationwide effect. It wasn't isolated to us and all of the top 10 counties in Wisconsin held that ranking through the recession. In Sheboygan County, tourism expenditures dipped to the lowest point for the period March 2009 through May 2009, dropping almost 30% compared to the prior year second quarter. Let me just give you a little background on this. This was also a nationwide effect. Second quarter in tourism isn't a calendar. It doesn't go by calendar year. It's the spring quarter. In February of 2009, one month before that was when Congress passed a measure suspending leisure travel for businesses receiving bailout funds, but that has an immediate effect across all businesses. So this is the top 10 total tourism expenditures by county for 2009. We know Sheboygan County ranked ninth. All of the counties marked in yellow have gaming, and all of the counties above Sheboygan County have stronger shopping than us. So just to give you an idea of our standing. So who are our customers and what are their needs? In Sheboygan County, we're considered a resort destination. And that's coming out of the categories from the Wisconsin State Department of Tourism. We are resort destination as opposed to an urban or a rural destination. So that's how our research is done. Our major market, our major target market is leisure travel. These are the segments of the leisure travel market. Leisure travelers, obviously we can getaways, family vacations, meeting and conference planners who choose resort destinations over urban destinations because they're looking for a relaxing atmosphere where they can spark more creativity, more team playing, team building and planning strategy. And of course event planners and tour operators who plan events with leisure travelers and attend to activities in mind for their attendees. So leisure travelers to a resort destination tend to stay longer than those to urban destinations and return more frequently, which is good news for us. The average amount spent per overnight stay in a hotel motel or bed and breakfast in a resort setting is $150.49 per person per day. This doesn't include transportation costs. It does have hotel included, but the average day is 3.1 nights at 2.1 people per group. So that's split out for that group, 2.1 people. So out of the $150 a day, about 30% of that spending accounts for shopping, food and dining account for 27% of all leisure traveler expenditures and recreational activities account for 22%. Now keep in mind this doesn't include food and beverage, but it does include alcohol. It includes wagering, gaming, tickets, any type of entry fees, and to any activity. So what do our leisure travelers like to do? 46% enjoy dining and that's not because they have to eat and it's time to eat. It's because they want a culinary experience with a good atmosphere. 44% like to shop, almost 25% like to visit, 23% enjoy relaxing, almost one-fifth travel for festivals and events, about 20% enjoy sites, almost another 20% enjoy the attractions, almost 15% travel for a hiking experience that's key for our parks and rec. About 13% enjoy other recreational activities, and about 13% travel for fishing. Now a couple things to note here, we compete pretty strongly in dining and resort settings. Shopping is our weakest area, which is also a good point for economic development. However, fishing for us is probably a bit higher. This is based on resorts that are statewide and we already have obviously a strong established charter fishing industry. So Wisconsin leisure travelers to resort destinations return to resort destinations an average of 14.06 times over a three-year period. The average lifetime customer value per group to a resort destination is about $5,300 over a three-year period. That's at an average day of 3.1 nights, 2.1 people per group. Key thing to remember, those people traveling over 14 times to resort destination in a three-year period doesn't necessarily mean they're going back to the same one. It means that's what they prefer a little over 14 times in three years. So that gives us 14 chances to bring them here. Most driving tourists venture between 50 and 300 miles per home. Competition for Sheboygan County in the leisure market will likely be closer to home and marketing tourism closer to home is less costly. So this is all pretty good news for us. Sheboygan is about 55 miles north of Milwaukee, 60 miles south of Green Bay, 110 miles from Madison, 140 miles north of Chicago, 340 miles from Minneapolis. And the city of Sheboygan is 20 is about 20 minutes from anywhere else in the county. Again, this gives you our market position throughout the state. Major competitors for travelers to Wisconsin when it's in a 300 mile radius. All of these other destinations are competitors. Those that are resort settings are the major competitors that would be Wisconsin Dells, Woolworth County, which is Lake Geneva and Door County. But again, here's our ranking. We're number nine. Those in yellow are gaming counties. And those above us are stronger in shopping. This is just another way to look at it. This is the 300 mile radius around Sheboygan. This backwards yellow D is the hot spot that zone is completely the hot spot that begins to target and build our immediate DMA, which is our designated marketing area. Along the I 43 corridor coming north from Chicago through 94 on to I 43 going up north through Brown and Door counties. We rank fourth along the Lakeshore ninth in the state, but fourth along that corridor. That corridor captures 28% of the total tourism expenditures annually. This is another way to look at it. Right now Sheboygan is capturing about Sheboygan County is what these are counties. Sheboygan County is capturing about 8% of the tourism expenditures coming off the I 43 corridor. Door County is capturing about 13% Brown about 14%. Now if we looked at traffic patterns and all errors of margin and different ways in and out, we can say that probably 5% of the market share is driving right past us. More than $3.4 billion is spent by tourists annually traveling along the I 43 route. It is the longest one road throughway and capturing the most tourism dollars in the state. So how do we harness this information to leverage our strengths, weaknesses, opportunities and threats to create a competitive advantage? Tourism's greatest strength is that it has been embedded within the chamber with access to more resources and greater flexibility to sense and respond to market needs. Tourism's greatest weakness is that there is no database of past visitors to the city or county and no database of past initiatives from which results may be analyzed. Now what this means is that I don't have right now to work with a customer database. So there aren't any email blasts going out to those people who come annually, but there will be. Since the day I started, we've been keeping a manual one from every request coming through the office. Tourism's greatest opportunity is an affordable low price point in a prime geographic location during an economic recovery. Competitors along the I 43 corridor provide a stable market share from which a greater share of customer may be pulled to destination Sheboygan County. We have the market share driving right down the corridor. What we need to do, which is great because we don't even have to spend the money to tell people to come our way past the city. What we have to do is capture a greater share of the customer that's already there. Tourism's greatest threat is fierce competition along the I 43 corridor. However, we'll use that leverage it to our advantage. A focused marketing plan that presents Sheboygan as a robust, vibrant place to visit along the shores of Lake Michigan takes advantage of geographic location while minimizing weaknesses to create a competitive advantage. Nowhere else along the shores of Lake Michigan can you travel 20 minutes in about any direction with such a diverse offering of activities, sites and attractions. We have professional charter fishing, spectacular performing arts and a nationally acclaimed art center. Miles of sandy beach and bike trails. A 281 slip marina and national sailing center one of four in the United States. Internationally inspired culinary activities, unique eclectic shopping. And the world's largest freshwater surfing event. As a destination, the city of Sheboygan and Sheboygan County provide an alluring value proposition. More to do within close proximity at an affordable price in a relaxing resort atmosphere. Or so much so close. For visitors to Sheboygan County, it is the wholeness of the entire experience that creates value. For tourism, it is the wholeness of the experience that provides a competitive advantage, harnessing the power of an alluring market position as a destination. So how do we allocate resources to leverage our competitive advantage? Or in other words, how are we going to pay for this? This is the estimated anticipated monetary resources for tourism for 2011. As you can see, this is the city of Sheboygan, the large blue chunk on the right. We're anticipating about $290,000 in room tax dollars coming into the chamber that we can use to promote the city of Sheboygan. This, of course, may fluctuate up or down depending on the actual room tax dollars collected. The same with the town of Sheboygan. We're anticipating about a $35,000 contribution. Sheboygan County makes about a $19,000 or $20,000 contribution that is subject to approval. And the rest of it we have to raise through grants and sponsorships. So to give you an idea of the difference between the new budget allocation and the way that it was, we're using 2009 again because we have a full year to go off of compared to how we're projecting for 2011. In 2009, about 18% of the budget was spent on advertising and marketing. And it was funded completely by room tax dollars. In 2011, about 37% of the budget will be spent on advertising and marketing and can be completely funded by room tax dollars. That's an increase, but from 37% to 18% we're talking about the difference between $65,000 and over $200,000. In 2009, 49% was spent on events and event costs funded by room tax dollars. In 2011, we're planning to spend about 37% of the budget on events funded solely by sponsorships. That's a big difference. In 2009, total room tax expenditures shown are $365,000. In 2011, total room tax and sponsorship expenditures shown are over half a million. In 2009, 18% of room tax dollars were invested out of the local market to attract tourists back into the market. One thing to remember that's included in this expenditure is it's not all ad buys. That also includes production costs. So we're talking somewhere between 10% and 12% was actually spent, sent out of market and actual median ad buys. In 2011, we're planning to send about 63% of room tax dollars, invest them out of the local market to draw tourists back into the market. And none of that includes production costs. We brought it all in-house. So the key points are the primary target market will be leisure travelers along the I-43 corridor. Sub segments of the market will also be targeted within a 300 mile radius, including meeting and event planners and tour operators. And the focus of branding strategy will be close proximity traveling to Sheboygan, close proximity to leisure activities, and closeness between companions created by the experience. Total budget expenditures will increase by about 33% through sponsorship development. And 63% of room tax dollars will be invested out of the local market to bring tourists back into the market. And those are the key points on the packet before you. You have a line item budget. I was asked earlier if this was 100% spent on the city. And I have to explain one line that I didn't get a chance to before the meeting. Where you see the affiliations and task, TASC all in caps, task is the Tourism Alliance of Sheboygan County. About 9,000 of that line item is slotted for group buys with the other chambers in the county, mainly Elkhart Lake, Sheboygan Falls, Plymouth, and Kohler. So sometimes we do group buys. Any questions? Thank you, Amy. Yeah, if I can explain something with the whole marketing program here, as you've noticed, Amy's plans are to bring in a lot more money through sponsorships, rather than just relying 100% on room tax dollars. That's huge compared to where we were before. I think that that needs to be noted here. Any questions Alderman Bourne? Thank you, Mayor Ryan. Amy, I saw in the paper a week or two ago that the motorcycle event was not able to be held this year. Is that in the 2011 budget, has there been negotiations and would that follow under, would that be under the sponsorships? Yes, it would be under the sponsorships. And here's one of the reasons room tax dollars isn't used to pay for those events and sponsorships. The last time the event was here, it brought in about 38 or 39 room nights. Now, 5,000 people with 38 or 39 room nights for the investment, we have to really do an ROI calculation on that. That doesn't mean that we wouldn't help them secure sponsorships because it's still a draw for a day trip or overnight or who's here. And we always want something happening in the summer. Thank you. Thank you, Alderman Bourne. Alderman Hanna? Thank you. Thanks, Amy. Question for you. So there's 5% of the traffic going past us, we're probably not capturing. Correct. If you were to measure success over the next three years, where would you be satisfied of that 5%? How much of that would? Well, I'll tell you, I would encourage all of you to come to the long version of the marketing overview at October 20th at Blue Harbor. And one of the reasons is because we did a study on the traffic patterns going by and coming into the county. And we have a calculation that that will be one of the measurements. But that's just one. And that's for one type of campaign. Every type of campaign we do, we're deciding a metric to put on it, whether it's website, even magazine, my entire career has been a marketing. Anyone who tells you they throw magazine out out there and they can't measure it, they're wrong. There's ways to do that. And that's what I mean by sense and respond. We'll be able to pull anything that's not getting response and replace it somewhere else in the market. And we'll be getting periodic updates. Absolutely. Quarterly updates. Thank you. You know, I don't know if it's realistic or not, but I told Amy that my goal is to surpass Dorr County. I don't know if that's achieved not realistic. Anything can be done given the time and resources. Alderman Bowers. Yes, thank you. I see we have allocated $20,000 for Labor Day, which was yesterday. Right. Tell me what we did for yesterday. We actually didn't do anything. I don't have a budget yet. Okay. Yeah, my budget doesn't start until 2011. All right. So this is the upcoming. Okay. Thank you, Alderman Bowers. Are there any other questions, comments, statements? There are none. Thank you very much, Amy. Good presentation. Okay. Now we will get into the election for Alderperson for vacant seats in District one and District two. President Kittleson. Thank you, Mayor. I move that nominations be received from the floor voting to be done by open ballot. And if more than two candidates are nominated, the candidate with the lowest number of votes be dropped from the list and balloting to continue until one candidate receives a majority. Second. We have a motion and a second. All in favor say aye. Opposed? Carry on. Okay. Thank you, Mayor. I would like to place a nomination for the vacant position of District number one Alderperson. The following names. Robert Ubalodi, Patrick Gillette, Dennis Radke, and Corey Reisler. Is there a second? Second. All in favor of the nomination. Say aye. Opposed? Nominations carry. We will not give each interested party a chance to say a few words. We are not going to time this. However, we do ask that you keep your discussion under five minutes. So. Okay. We will start with first name on the list, which would be Mr. Robert Ubalodi. If you could come up to the front, please. Mr. Ubalodi here. Okay. He may be running a little late. We'll go to the next person. Patrick Gillette, would you please come up? Mr. Mayor and members of the Schwoig and Common Council. I humbly stand before you tonight and I use the term humbly because some of my neighbors and friends ask me to be here tonight. These are people from District one. These are people who trust that I can represent them. I was not invited here by any member of this council nor was I asked to be here by any city employee. I am not a public employee nor do I receive public employee retirement or benefits. You have before you my letter of request that I be chosen to fill the vacancy in District one. You have before you a list of my qualifications and my experiences. You will make a judgment tonight. I ask that that judgment consider the faith and trust in those who ask me to be here and accept the experience and the qualifications that I present. It is a privilege to be here tonight. Times are tough. Tough decisions have to be made. It would be a privilege to serve this city and to help find solutions to those problems. Regardless of whom is chosen tonight, the problems will not go away and solutions will have to be found. My qualifications letter is indicative of my knowledge and experience in ethics and oaths of office and especially as a former member of this very council. Black's law dictionary defines ethics as actions that are professionally right or befitting. Actions conforming to professional standards of conduct. Ethical conduct and moral actions are similar in parallel but have a distinct difference. Black's law dictionary goes on to define moral actions as those only in which men have knowledge to guide them and to will choose for themselves. Ethics and morality differ by the elements of knowledge and experience. One might have an ethical right to act but without the proper knowledge and experience, that action may not be morally correct. I bring before this council much acquired knowledge in many years of experience. On September 14th, the people go to the polls for the primary elections. On November 2nd, the people go to the polls for the general election. By a vote of the electorate, a decision will be made by the people. To either change our state and federal administration or accept and submit to the current direction the governments are taking us. Tonight in Sheboygan, there's also an election. This council will appoint by election someone to fill a vacancy in district one. The people will not choose. The voice will be made for them. You the council will act in their stead. I came across the letter submitted to the editor's mailbox in the Sheboygan press and this letter was printed in the March 3rd, 1976 edition 34 years ago. It was submitted by F. E. DeRuse who at the time listed his address as 4161 South 16th Street. Mr. DeRuse talks about the disease of public spending and who is to blame. He says and I quote, it is time we recognize that the concept so many Americans feel for politicians is a two-edged sword. If politicians will do anything to get elected or reelected, well, who elects or reelects them? Tonight this council does the electing. I stand before you tonight not as a politician nor as a government employee but as a statesman. I do not believe that an elected official should work for the government. I do believe that an elected official should work for those who pay them, work for those who pay the taxes, work for those who bear the burden of the taxes that the government imposes upon them. The taxpayers' pockets are getting thin while the government continues to grow. The frustrated taxpayers are raising their voice, no more taxes. These are people who live in Sheboygan as well as those throughout the state and across the nation. The past couple of years have been tough for the city and tougher years are yet to come. Hindsight is 2020 is no longer a viable excuse unless we make that statement with a conviction from knowledge and experience, correct those mistakes and vow never to let those mistakes again burden this city. The correct statement should be foresight is 2020. Lasik surgery and corrective lenses are available for those with impaired vision. The taxpayer should no longer be the go-to person to cover the mistakes of government. Employees of the government should not extract from the taxpayer that which the taxpayer cannot afford himself. A government cannot hope to make money as practical accounting shows governments are in expense. A balance must be sought. More so, the attention must be to the private sector, employment, salaries and benefits as these are the ones who actually pay the bills. I could have denied the privilege of standing before you tonight and still the council may choose to dismiss me. But in either case, I then would not bear that responsibility for the future direction of this city, except by my vote, my right and responsibility to elect those individuals who have the knowledge and experience to cover for we the people, not we the government. My instincts based on my knowledge and experience tell me to step back. Let someone else take this burden. Let someone else take the blame. But my nature tells me to get involved and try to make a difference. I made the choice to get involved and I believe I can make a difference. If the council tonight believes that I should be seated, I will accept that challenge, that commitment, that responsibility. I will work with the council and the taxpayers of Sheboygan to make the city of Sheboygan a beautiful and affordable place to live. Thank you, Mr. Mayor. Thank you, members of this council for your valuable time and consideration. Thank you, Patrick. Thank you, Patrick. Next. Next would be Dennis, if you would like to speak, Dennis Radke. It's tough act to follow. Thank you, Madam Clerk, Mayor Ryan and members of the Common Council. I would also like to thank the distinguished citizens that have stepped forward this evening to serve their community as all their persons for the first and second districts. My name is Dennis Radke and I come before you this evening to ask for your vote to be appointed to the vacant aldermanic seat in the first district. As many of you know, this past spring I ran for election to become an alderman for the second district. I was elected to that position with 64% of the vote and served in that post from April 10th to August 17th of this year. I served on the finance, public protection and safety and Marina and Harbor committees as well as the Sheboygan County EMS Council. While I did not plan to move into the first district when I ran for office, I have found myself again living in the first district where I have owned a home since 2008. I have a bachelor's degree from the University of Wisconsin-Milwaukee and have spent my career in the hospitality industry at the highest levels of management. I have been fortunate enough to play an integral part in creating hotels and restaurants in the Milwaukee and Milwaukee and Green Bay markets and most recently I co-owned and operated Urbane in Sheboygan from September 2006 to August 2010. Rather than begin with a list of what I plan to achieve if appointed tonight, I would like to start by outlining our achievements as a council in the five short months that I have had the distinct pleasure of serving on this body. We passed a budget resolution that will hold the line on property taxes. This resolution continues the existing hiring freeze, creates a safe fund and for the first time establishes zero-based budgeting for our city departments that forces management to justify every expenditure. We passed funding for the installation of a CAD RMS system that will help our fire and police departments save time and lives and keep our community among one of the safest in the country. With the leadership of the mayor, police department in Sheboygan neighborhood pride, we established a path for neighborhoods to organize that led to the creation of the Gateway neighborhood. With continued support from the council, more neighborhoods will follow this lead and will help beautify our neighborhoods and assist in community policing. We have begun to address the unsustainable costs of benefits to our city employees by insisting that new non-rep employees pay a portion of their benefits. Through the funding of the city's portion of the Sheboygan County Economic Development Corporation, we have started a valuable countywide effort to bring companies and jobs to the city and county of Sheboygan. This important work has already begun and will hopefully start to bear fruit in the near future. We have passed a referendum resolution that for the first time will give the voters of Sheboygan a say on whether the city provides EMS services and we have created a deadline of December 31st to create a long-range plan for our fire department. While doing all this we have addressed daily citizens concerns listen to various groups regarding the state of our city and the plans on moving it forward and cut some very dangerous people from moving into our city keeping our families safe. Why do I mention all these accomplishments that we achieved in five months as I was Alderman? I could stand up here and say what I just what I want to do for the city but the most valuable lesson that I have learned as Alderman is that nothing can be done alone and it is the council as a body that can and has made good things happen. Lastly I mentioned these accomplishments as a council to let the citizens know that the important work of their city is getting done and we continue to move in a positive direction despite the many challenges our city faces. What would I like to work on should I be appointed tonight? I believe that Shabuigan needs an eyesore ordinance that punishes slumlords that are driving down property values in our city's historic neighborhoods. I would like to continue to work with the mayor and council members to further economic development and create jobs for unemployed and while we have authorized city officials to begin redefining the development of the Indiana Avenue corridor I still believe in our downtown riverfront and south pier and I will do all I can to help revitalize these important areas of our city. With your approval I would love to continue the important work that we have started and serve the first district and my city. Thank you for your time. Thank you Dennis. Thank you Dennis. Next. Corey Riesler. Good evening thank you for your time. My name is Corey Riesler. I am residing currently at 36 20 North A Street for the past 13 years prior to that for the seven years prior to that I resided in the city of Sheboygan as well. I grew up just out of Sheboygan County in Keel. I married recently and have no children at this point. I've worked for the Sheboygan County Sheriff's Department for the past 20 years in different levels including working for your city county drug unit helping to take drug dealers off your streets. At the current time on the captain of patrol I have great working relationship with all the entities in the county as well as the city police department the city fire department and several other entities of municipal government. I'm also the chief of police in the village of Cascade. I've been there for the past eight years. In my role as chief of police I work with the village boards both in Adele Waldo Linden and the village of Cascade where we contract with all of these. Again I work to resolve problems. I bring the knowledge of the local government with me. I'm looking forward to working in cooperation with the common council as well as working cooperation with all the various departments in the unions to hope that we can come to a resolution in the many difficult economic times that we currently suffer. During the course of my duties like I said I work with many of the municipal boards. I have experience with these boards that would greatly benefit me if selected tonight. I also serve on several committees with the United Way and also with the school district on the alcohol and tobacco and other drug committees. I'm someone who enjoys being involved in my community and the communities that I serve. I have years of experience in doing both local municipal budgets and assisting in the county budgets as well as personnel issues and resolving problems in the workplace. I think this would be a great asset again if selected. I have several unique talents and experience in again the labor laws and working with the different unions currently. I realize that these are very tough economic times and we need to work together both as a common council and with the unions and with the public to hopefully find some resolve. I'm confident that we can work together whether I'm selected or whether you choose one of the other two qualified candidates. Again I bring with me very fresh ideas and a cooperative vision that I hope will benefit all of us in the future. Again I'd like to thank you for allowing me this opportunity. I think together we face many challenges in the future and I wish you the best of luck. Thank you. Thank you Cori. Thank you Cori and thank you everybody else for putting your nominations in this evening. Excuse me Mayor. Just wanted to remind the alderman that you should have all received all four letters from the four gentlemen. Mr. Ubalodi, Mr. Gillette, Mr. Radke and Mr. Raceler over the weekend so you had a chance to review all four. No Mr. Ubalodi. Is Mr. Ubalodi arrived yet? They were not required to be here. It was just a question of whether they wanted to speak. Thank you. Okay. President Kittleson. I move that we close nominations. Second. We have a motion and a second to close nominations. All in favor say aye. Aye. Opposed? Motion carries. Okay. We will now vote. You can only vote for one candidate at a time. Alderman you'll be receiving a ballot. It says on top. Print your last name. Signature below it and then your vote is for which candidate of the four and you should have the four names in front of you if you've brought your packets along. Okay, we're going to need to go again. I can give you the results now. Gillette four, Radke five, Raceler four and Ubalodi one. So we're going to go to round two. Three candidates. Right. So it would be Gillette, Radke and Raceler. I'm sorry. Is it Raceler? Thank you. One more time. Vote is Pat Gillette five, Dennis, Radke four, Corey, Raceler, excuse me, five. So we will go down to two, which will be Pat Gillette and Corey, Raceler. We're down to two. We need one more, Steve. Give it up first. Yeah. Okay folks, we got to do it again. Got to tie vote. Seven to seven. Can we ask a question about the two candidates? Yes. Can we find out for Mr. Gillette, where was he the police chief, when was he an alderman and is he an insurance salesman now? Is that what he does? I just can't. This doesn't read like a resume so I'm just trying to understand. You're asking Mr. Gillette. Yes, please. Pat, would you like to please come up? Please. Corey, you have forfeit your vote. That would make it so we didn't have a tie. Could you repeat the question for him? Mr. Gillette, could you just tell us where you were police chief when you were an alderman and is what you do now sell insurance? I'm just trying to understand your background. Right now I'm a licensed life and health insurance agent for the state of Wisconsin. Okay. I was police chief in Random Lake. Random Lake went contract with the county in 1981. When I was I alderman here, 93, 94. Okay, thank you. Thank you, Pat. Are you in the first district? Fifth. Okay, we'll try again. It would be for Gillette or Racler. I've already checked. This is not a tie vote that I get to break so. Okay, we're going to do one more time. We have a tie vote again. I would like to remind everybody there will be no bathroom breaks until the vote is finished. That's one way to change a vote. Anybody need some water? Look at Army there. If you would abstain, that would do it. You abstain first. Do we get a breakfast voucher? When do you vote for the tie breaker? At what point do you vote for the tie breaker? 5 a.m.? Actually, that might be too controversial, so I'll probably write a number down and he who gets closest wins. Rock, paper, scissors. Can we have them maybe tell us a little bit more about themselves? What differentiates them? They're both law enforcement guys. Sell themselves again. Break themselves out. In three minutes. Alderman, if you want to do that, we could do just a quick from both, but then it is up to the council if you want the mayor to break the tie. I mean, we can keep going. So we can have the mayor break the tie? We're going to give both of them a chance to pitch their stuff. We had Pat up here just a minute ago. Why don't we have Corey if you wouldn't mind? Really try to differentiate yourself for us, please. I guess differentiating from law enforcement. I have a current law enforcement back around Mr. Gillette. It's been out of law enforcement for several years. Not that that's a bad quality. Just the differentiates from each other. I again have a very good report with the local governments that I currently work with on those boards to help resolve problems. I'm currently very active in a lot of the committees within the community. I again currently very updated on labor laws and different things that we're doing through contract negotiations, through a lot of different things at the county. I also have a hopefully a better knowledge of the joint dispatch committees, the shared CAD services that we're looking at trying to do all the things we're trying to do to combine with the county. I am on some of those committees or I am attending some of those committees when they when they match and again have hopefully a more current knowledge of some of the things. I respect Mr. Gillette very much so. Again I know he has a background in law enforcement as well. I guess what differentiates is my relatively. Corey we have some questions coming in here. Alderman Bourne. Thank you Mayor. Mr. Raisler you've been on the Sheriff's Department for 20 years. Have you sat on both sides of the bargaining table or just for management? I have. I was the union president for nine and a half years before being promoted to a detective excuse me before being promoted out of the union to a corporal position and then going back in the union as a detective taking over the as union president again being promoted out after serving some time in the drug unit and as a lieutenant of detectives before being promoted to captain. So I have gone from one extreme completely to the other extreme as far as the contract negotiations go and the information. So I have a good working knowledge against labor laws one of the things that I'm always very active in and dealing with grievances and dealing with those type of activities. Answer your question. Thank you. Next we have Alderman Versey. Thank you your honor. Corey just real quick with your overactiveness right now with all the several communities that you're in and currently working are you going to have the time and the gumption to take forth on all the amount of work that we have on our plate right now. You got to have make sure to have your happy medium between work and I am a self-proclaimed workaholic. I work very hard at any challenge that I take whether it's well currently the Sheriff's Department through Cascade or again all the committees that I do participate in. I've been on committees with several of you in here and worked very well and anything that I do I dedicate myself to I've had the discussion with my wife already regarding the time I have my hours budgeted that I need to make sure I get all my commitments taken care of and I'm looking very forward to the challenges ahead. Thank you. Next we have President Kittleson. Nothing. Okay we have Alderman Bauch. Thank you Mr. Mayor. What are you doing that's innovative and with regard to negotiations. How are you bridging the gap between budget and the need for public safety. Tell us what you're doing that's new and different. Sure. I think you're going to have to have a as our sheriff has put it a very open and a glass bowl that we're in right now to look and and share all of our ideas and ask for ideas and help from the different unions and and management in the situation with the county we work with the unions to try to find their ideas in ways that we can save money both at the department wise department-wide and also when it comes to the budget and looking at budgeting for next year's the wages and benefits increase look at the different packages look at the different wages and look at how we can best fit the budget as you know the county has the same budget constraints is what I'm sure the city has as well. So again just looking outside the box a little bit looking at different ideas from different people not reinventing the wheel in some cases and looking at what other agencies are doing as well. Why would we want to ignore what what's working someplace else might not bring it here and make it work here as well look at you know different- benefit packages look at different- health insurance ideas- look at- scheduling different things like that to make it work. It's your question all remember. Gene did you have anything. It's me again. Oh okay that's right you guys switched. Yes. Vice President Rindfleisch if you have a question. Thank you Mr. Merrick- dovetailing to the previous question regarding the- create creative ideas that you may bring into there. Is there anything in that in being chief of police in cascade right now- that you would see that you'd be able to bring in an idea that that we would use in terms of budget constraints and scheduling and so on. Sure the budget constraints are obviously a lot least a lot less down there- this year actually led by example offer two thousand and ten- by not taking a wage increase- just because of the fact obviously everyone knows we're in hard times so- it was offered and I didn't take it and- that was a lead by example in the other officers down there to chose not to take it as well- so I guess one of the things you do is you lead by example to try and get others to- to follow or hopefully- take the same idea. And as far as the ideas- I think the- the knowledge in general- of my law enforcement background could be- of help on the matter what. Answer your question. Thank you. Alderman born to have another question. One more thank you mayor- Mr. Rastler when you said you were in on the discussions on combining dispatch what was your what was your position on combining a dispatch between the city and the county. Again you have to look at the totality of the circumstances for the combined dispatch I think- based on the research and knowledge in my opinion only at this time- as a private citizen and- not as a member of the sheriff's department- if you look at it you have to look at doing it right- I think too many other places- are looking at taking shortcuts to doing the- combine dispatch and they're not doing it in the- in the proper fashion if you look at some of the other agencies. That we have researched and went to and looked at- I think there is a place for combined dispatch- if it's done right we talk about- as you're familiar with Mr. all the important the the comm center manager- you know different things along that you have to have those in place before you're going to look at- combining in or you're going to have no supervision for a large group that- obviously- needs to have some guidance and- some unity. But I think there's a place for it- I just think that if you're going to do it you have to do it right. Thank you. Okay thank you are there any other questions. Mr. Gillette would you like to thank you very much. Thank you Corey. First before I'm asked any questions this gentleman here is an honorable gentleman and I would be proud if I did lose to him however I'm going to defend my position a little bit- where we differ is I'm older probably old enough to be a spot. Maybe not. When I was Alderman Corey when you asked that question she was going through a rebirth. I go back so far that. Attorney McLean was young. Sheboygan was going through a rebirth. We built the marina we built the industrial park. We built- we did the whole river front the our way- reclamation the expansion- of the factory district down there we had the money budgeted for all of the development of Indiana Avenue. Sheridan park for the police station. And all the way out to I forty three and at that time that was going to be entrance I was chairman of finance and I was on the capital improvements and develop or the industrial development commission during all of this time. So. At the same time I put on the world-class boat race that no where no one else even Bob Black in Milwaukee was able to do so. I'm looking at the differences between Corey Reisler and myself I respect him very much in his position. I have a business background. I was a cost accountant- technician out at Kohler company I did cost accountings for millions of dollars out there- some of the things that- I got involved in out there were union negotiations and grievance arbitrations. I started in Corey can check this fact out I was a charter member of the Sheboygan county sheriff's department union. My pictures on the board down there. So I've been on the union side have been on the management side have been on the negotiation side. Now you say I haven't been on the council since nineteen ninety four. I have been if everybody reads the Sheboygan press very attuned to city business. I didn't get involved because there were capable people up here. I got involved because somebody in my district says why don't you do it again. I got the time the other difference between Mr. Captain Reisler Corey Reisler and myself is. I control my own hours. No one mandates that for me so that's another advantage. I am not trying to compare myself with another gentleman that I believe can do the job very adequately. I'm only trying to tell you that I have certain things that are different than him. Not necessarily good or bad. Are there any questions. Questions for Mr. Gillette. Olderman Polk thank you Mr. Mayor. Talk to us about your philosophy and the difference between public union negotiations and private like you experienced at Kohler. What can we do to make progress. What new ideas do you have for negotiating with public unions to make progress against tight budgets and strong union and arbitration laws that work against us. You want all my secrets and you're not going to let me. Olderman to filth district one. The major difference is I would like to ask the unions to take a one year sabbatical and go out there and bear the burden of the marketplace. In other words I'm a commissioned salesman. If people don't buy it I don't make any money. It's easy and I was and up until nineteen eighty two I was in the state fund I was getting a pension I cashed it in and went to private investment went to private business. It's hard it's real hard I started the union on the sheriff's department. It's hard for somebody receiving a pension. That we as a taxpayer losing our income have to support. I would attempt to convince people that if I can't make that decision somebody else is going to make that decision because people are going to run out of money. A government does not have. Full pockets it's got to get it from people that have empty pockets. That's the message that's got to be conveyed somewhere along the line there's got to be. Some compromises. Olderman born. Thank you mayor Ryan I'm Mr Gillette I'll ask you the same question that I asked Mr Raceler in that. Were you following the events with combined dispatch and what is your come what's your position on combined dispatch. Thank you. I believe in countywide dispatch always have. I'm sure that the captain experiences or has experienced many of the problems remember when I was on patrol. In the in the county you were a kid Jim. We went back before there were ambulances I mean. Bob Sertich drove a station wagon with a backboard in it. If you needed help. Man you were lucky to get it. Paul's had their own Plymouth had their own the county had their own the police department had their own and there was no central if a situation arose there was no way of pulling that together I do believe. That countywide dispatch is imperative especially in the situation we're in today. But I'm going to add it's only a minor saving that can be appreciated. There's a lot more cost combinations that can be considered. Are there any other questions for Mr. Gillette there are none. Thank you Patrick. We will now vote again. Let's try one more time. I'll let everybody know if this is a tie vote I'll be offering free bottles of water. But again the bathroom breaks. It's really up to you Alderman. I have enough ballots for a few more. President Kittleson. Yes. May I Mr. President Kittleson have you got any thoughts on what we should do. I don't. Truly I'm not certain what we should do at this time. Vice president. I'll make the motion to allow the mayor to cast the tie breaking vote. At this time for discussion and hope that we have a discussion on that item. I'll second that for discussion. I guess under discussion. Under discussion. Alderman vice president Rindflash. Thank you Mr. Mayor. Under discussion I have no idea of destruction. You would vote on this aspect. We have not discussed this matter in least a bit. Knowing the council as I do we are able to work together and partner together. Some reason that we partner together so well is that we are stubborn. You know aren't willing to budge from our beliefs unless there's a really good reason. I think that we could sit here until someone runs out for donuts in the morning. I think the tie is going to be the same election. So unless someone else has other ideas for breaking the tie casting lots straws will have you. My recommendation is that the mayor cast the tie breaking vote. Okay thank you vice president Rindflash. Alderman wangeman. Thank you Mr. Mayor. There is precedent for this. I'm sure attorney McLean remembers that when former mayor Perez came on the council as an alderman we had a similar situation and the mayor did cast the tie breaking vote so I would support that position to do so because there is precedent for it. Thank you Alderman wangeman. Alderman borne. Thank you Mayor Ryan. Attorney McLean is there anything in the statutes for this kind of a situation where we're possibly hopelessly deadlocked? Anything in the state statutes on how to resolve this? I don't believe so Alderman borne. The statutes authorize the council to decide to fill the vacancy. And I guess the process you decide is really something up to the local council. I do believe that there is for general elections and the primaries and so forth I think there is a tie vote of the citizens. I think the county clerk draws straws or something to that effect. We could always have the we could always have the election for the second district and get your number around the council. I was being facetious actually but I don't relish voting on this issue myself. As all Alderman Wangerman has better memory than I do but I do tend to recall that we ran into the situation before and I couldn't remember if we actually got to the point where the mayor did break the tie or not. We did. And I think that's probably right. I know there's always that concern. But it's really up to the council we can do more rounds of voting if you wish. That's your prerogative I think. Alderman Boeck. Thank you Mr. Mayor. Could the second district Alderman vote on tonight? Could he be sworn in and vote? There we go. Could they what? If we table this and hold the second district election, can they be sworn in tonight and break the tie? I'd much rather have a legislator break the tie than the mayor. He's not part of our body. We can't do that Alderman Boeck because it's not on the agenda. Swerving in of Alderman is not on the agenda for tonight. I believe Alderman Boeck is referring to next council meeting. No he's talking about tonight. No, I was talking about tonight. No, could you? No, I the new Alderman isn't sworn in tonight. Okay. Can we table? Yes, then is that a possibility for the next council meeting? It will be at the next council meeting and they'll be sworn in. That they will be sworn in. But then that we do our voting for district going at that time. That's a possibility as well. Possibility. That presumes that you come up with a majority vote for the. Alderman Hannah. You know, I do agree with with Corey. I think it it does rest with this body, but we've gone through four rounds, six rounds, six, sorry, six rounds at this point. And I think you've got two qualified candidates. At this point, I'd be comfortable with the mayor making a choice. Thank you. Alderman Hannah, Alderman Bowers. Yes, in order to take the pressure off the mayor, why don't we flip a coin, draw straws or something of this nature? That's what I would recommend. First, Alderman Balk, we have Alderperson Montemier. Oh, sorry. Thank you. You look. Thank you, Mr. Mayor. As trade is that sounds, that is what's done sometimes in other communities and other elections. It is a coin toss. Yeah, that decision is ultimately to be made by this council. Whether it be a coin toss or not. Right. But if it's a tie vote on the coin, you know, whether they should be a coin toss or not, you never know. So I see that 77. Alderman Wongerman. Thank you. Well, it seems to me we have a pattern being set here. We do have a resolution on the floor, and I think we had a vote on it. A resolution was made to have the mayor break the tie. I know that puts pressure on them, but with the habitally seat that you find yourself seated in also goes as the necessary. I, you know, I don't relish breaking a tie on this matter. I can say I have not spoken to either of these gentlemen about running for this district. The only thing I know is what you've heard here tonight. To put it that way, as we all do. Yes. I mean, I think very few of us know these gentlemen personally. Right. And as I said, a precedent has been set. You know, it was Mayor Shram way back. Are you calling? You know, and I've voted on tiebreakers on this council before. So I'm calling for a vote on this. I mean, we've got a resolution on the floor, so let's vote on it. Did we have an actual motion on that motion in a second? We had a motion in a second. Who made the motion to call the question? No, you call the question. I second his call. So we have a motion to call the question. Yes. All in favor of calling the question, say aye. Opposed? Aye. For the record, Alderman Heidemann is opposed. The question is called. We will now have a vote for myself to cast the tiebreaking vote. And I vote. No, we're gonna do a roll call. Oh, we're doing. Yeah, we will do a roll call. Right. But an aye vote will mean and I vote will mean that the mayor may break the tie. Everybody understand that vote means you don't want him to very good. Roll call, please. Okay, hold on just a second. I'm turning off all the lights in anticipation of the next round. Okay, Warren. No, bow. Oh, jeez. Really? Bowers? No. Decker? Hammond? Aye. Hannah? Aye. Heidemann? No. Coth? No. Kittleson? Aye. Montemayor? Aye. Rindflash? Aye. Vanderweal? Aye. Versi? No. Longhamen? Aye. Nine eyes, five noes. Okay. You know, I didn't really, I did pay attention intently to what these gentlemen were saying, especially when they were up here the second and third time talking. Like I said, I have not spoken to either of these gentlemen prior to this evening. What I saw is what you folks saw. My decision will be based upon what I heard up here this evening will be based upon experience will be based upon do they have time to serve or not? It will be based upon my opinion of where they 100% forthcoming and when they were up here. This is not an easy vote for me to make. Luckily, the person I choose will be on the council. So that's one thing. I will vote for Mr. Reisler, because I believe that he will be more of a uniting force on this council trying to bring people together. And that is why he gets my vote. Congratulations, Alderman Reisler. Mr. Reisler, you may have a seat in the first district. Alderman Chair, which is next to Alderman Hannah. Okay, next we have within our 25 minutes into the meeting, we have election by the council for the new district number two alder person. Thank you. President Kittleson. Thank you, Mayor. I move that again nominations be received from the floor voting to be done by open ballot. And if more than two candidates are nominated, the candidate with the lowest number of votes be dropped from the list and balloting to continue until one candidate receives a majority vote. Second. Is there a second? There is a second. All in favor say aye. Opposed? President Kittleson. I would like to place a nomination for the vacant position of district number two alder person, the following names. Kevin Samson, Todd Willis, Alan Brunke, and George Tewig. Second. We have a motion and a second. All in favor of the nomination say aye. Opposed? Motion carries. We will again give a person Montemay for the nomination. Thank you, Mr. Mayor. There's four. There's a Mr. Willis. I don't have anything from Mr. Willis. It's on the back. It's on the back. It's on the back. Thank you. Do you have what you need? Thank you. I didn't learn all about the paper. Very good. Okay. We will go through the giving each of these four gentlemen. Time to speak. Try to keep it at five minutes or under, five minutes or under, five minutes or under. Kevin, if you're here, I gave you enough time to get ready. You may want to pull the mic down. How's that? We have to follow that. That's pretty interesting. Good evening, everyone. I'd like to thank first Mayor Ryan and the entire council tonight for giving me the opportunity to express my interest in the vacant seat for the second gentleman. Thank you. Thank you very much for giving me the opportunity. There are a couple of reasons tonight why I'm here. Personal reasons. And those are family and opportunity. Twenty years ago, while I was serving in the Navy, I met my wife Jennifer who was actually originally from Sheboygan. Over the course of our time in the military, we did a lot of traveling back and forth into the city. We came back to visit the family. We were just impressed overall with how safe the city was, how clean the appearance of the city was, and really just a strong atmosphere of the city. So we were actually very excited about making our way back to Sheboygan at some point. We also talked about how much of a benefit it was or how much of an asset it was to have the lake so close to us and all the things that you can do in our area. At the time, there seemed to be plenty of jobs. Everything was rolling along smoothly to some degree. And there was always certainly something going on in the city somewhere at some point throughout the year. So ten years ago after getting out of the Navy, both of us, we decided to move back to Sheboygan to build our family and to build our careers. Over the past couple years I've taken more of an interest in the things going on around the city. So I wanted to take more of an active role in the city. So I did some work with organizations such as Neighbors Against Drugs and Sheboygan Neighborhood Pride. Really there, basically what I wanted to do was to clean up efforts throughout the city at different points and handed out flyers to just let everybody know of the existence of these organizations and the benefit of their efforts. So now tonight I would like to take the opportunity to actually take the next step become a little bit more involved and take a larger role as one of the aldermen of the second district. In this position I will be able to give quite a bit more back to the community. I'll be able to address much larger issues that I feel are very important but certainly there are a lot of different issues at this point. I think economic growth is a key factor. Community safety is another issue in tourism and that's just to name a few of them and we saw the importance of tourism to our area and the community. Although I don't have the experience that most of the folks have come up here tonight, I'm certainly not afraid of rolling up my sleeves and taking on a challenge, any challenge that comes my way. So I certainly appreciate your consideration and I would most certainly definitely appreciate your vote tonight. So thank you very much and I appreciate your time. Thank you Kevin. I would like to take a moment to thank the Common Council and its members for taking the time to listen to all of us who are applying for the position to the second district Alderman this evening. My name is Todd Willis. I'm requesting consideration to the district to Alderman position because I feel that I'm qualified to offer positive contribution towards the shaping of Sheboygan's future. I'm here to get more involved as well to make a difference in the communities that I live in. Upon moving back, I had been unemployed for three months until I recently found employment through a temp agency. In this time, I've met individuals that are willing to work and I would like to help the city bring more stable jobs to its already existing employment infrastructure. Not only would I like to thank the residents of the second district and its present issues, but I would also like to be a contributing member to the Common Council and towards the betterment of Sheboygan as a whole. My educational background consists of the enrollment at the University of Wisconsin-Sheboygan where I took general education courses and gained interest in smart growth topics as well as city planning. I then transferred to University of Wisconsin-Milwaukee where I focused on political science and added interest in adult literacy workforce development and continued with knowledgeable interest in smart growth as well as comprehensive planning. Along with my education, I currently live in the Gateway neighborhood and am a proud member as well as the secretary of its newly formed council. I believe with this background I possess the attributes that qualify me for the second district alderman and again, I would like to thank you guys for your time and your consideration. Thank you. Thank you, Todd. Thank you, Todd. Next. Alan Brunke, please. Alan, if you'd like to come up. Good evening, Mr. Mayor, Madam Clerk and members of the council. My name is Alan Brunke and I'm here tonight to be considered for the recently vacated seat that was left by the recent resignation of Dennis Ratke. A quick background about myself. I moved to Schwagen back in 1986 and I currently reside at 518 Penn Avenue. I'm employed by Olsen's Deli Incorporated, which if you don't know is Ella's Della on A Street. I'm a Deli manager. I've been there for about nine and a half years and personally I have a 27-year-old daughter that is in her fourth year and final year of pharmacy school at my 13-year-old son attends. He's an eighth grader at Farnsworth Middle School here in Schwagen. In front of you, I think you have a list of some of the volunteer activities that I've done since coming to Schwagen. Things like fundraising for big brothers and big sisters, fundraising for the abused and neglected children's fund of Schwagen. I've also been a volunteer football coach for the Schwagen Youth League, as well as a volunteer basketball coach for the Schwagen Rec Department, and I've also been employed as a football basketball golf and softball coach at such schools at Schwagen North, Kohler, and Kiewaskam. And just recently, a couple of weeks ago, I just finished my 18th season as umpire for the Schwagen Softball Association. I'm here tonight because back in February, I ran for this exact same seat. Unfortunately it was a losing effort. However, I did learn a lot about the people of District 2. They have a lot of concerns. One of their biggest concerns that I found out after speaking with a lot of people in their living rooms on their porches, knocking on a lot of doors is they're losing confidence in local government because they feel they're not being heard. I'm here tonight to tell you that as an older man, I will be their voice. They have lots of concerns for such things as lost jobs, safe neighborhoods, downtown revitalization. And again, I said, I want to be their voice. I consider myself very civic-minded and that is why I like to get involved with local government. I really want to be part of the team that restores faith in local government to the citizens of Schwagen. Thank you for your time and consideration. Thank you, Alan. Next? Next would be George Tuig. Thank you very much. I'll try to make this quick. I know we've been listening to a lot of this. I'm addressing you today to announce my interest in the open and old dramatic position for District 2. I've worked in and been a member of the Schwagen community for some time. I've worked for the local media. I've run my own business here in town consulting and marketing and business. And I also presently started with the Chamber of Commerce as their community director. I've experienced the successes and felt the pains of this city. My interest in the city and its assets is very strong, but my interest in doing whatever I can help, whatever I can do to help this city grow and flourish are even stronger. When I heard this position was opening, I saw this as an opportunity for me to further my support in this community. Another way for me to do more. Were any vacancy on this council presents gigantic shoes to fill. It's a challenge that I would be willing to accept. I admit I thought about whether I'd want to assist in a role as public as being an alderman. But after careful consideration, I'm certain this would be where my assets could be best leveraged here for the city. I know that the city of Sheboygan under the direction of your leadership will not only continue its success, but develop stronger economically and offer an even higher quality of life to its citizens. I want to be a part of this growth here in Sheboygan. And I know that I can be a valuable asset and assistant to this city to ensure this growth. My education and my background is in communication. My experience is in business and with the city of Sheboygan. And I have a good understanding of politics that would make me an effective solution to the vacancy on this council. I humbly appreciate your consideration of my application for this position. And I know you'll make the best decision in filling this vacancy. I thank you for your time. Thank you, George. Thank you, George. President Kittleson. Thank you, Mayor. I move that we close nominations. Second. We have a motion and a second to close nominations. All in favor say aye. Opposed? Nominations are closed. Okay, we will now go through the balloting process once again. And we will continue to vote until one candidate hopefully receives a majority. I think we've got a four-way tie. No, I'm just kidding. Does four go into four teeth? There's no way to do a four-way tie. Okay, we did it. We have Alan Brunke, one vote. Todd Willis, one vote. George, two four votes. And the winner would be Kevin Samson, eight votes. Congratulations, future Alderperson Samson. Much less painful. Thank you, everybody. Kevin, if you'd like to come up and take your seat up here, that'd be great. Okay, we are done with one portion of the council meeting this evening. Now we will move on. Congratulations, Kevin. Now we will move on to the public forum. There's only one. Mr. Montmire needs to finish from last meeting. Thank you. I'll try to make this quick. And I already know your address. 1015 Logan, right? Okay. Go for it. And congratulations to the new Alderman. Okay. And I would just like to finish my research that I've been doing since 1989 on the ambulance service in this city. In 1989, the state of Wisconsin passed legislation that said we had to upgrade our obsolete practices the way we handle patients, bring them to the hospital. We were delivering most of our patients the away. That's sad. I stand before you as a patient that was saved by that type of legislation. 1989, October 2nd, I went into cardiac arrest called sudden death syndrome. This new law has not been in place I would be speaking to you. So that you only live once but you work right once is enough. I'm here for the second time. Yes, you are. I think there's a gentleman on the screen that's a lot more off the bluff because of that new law and our fire department and paramedics. It's also a life for that reason. It's as this thing has evolved we went into this ambulance service in 1989 or 78 with a police department type and all we did was actually transport patients to the hospital. Like Mr. Gillette said a while ago it was just a board. We got them to the hospital but then the doctors in this of both hospitals were complaining that we needed to upgrade our ambulance service. They begged for us to do that. We went through a process of doing that but we kind of put Fox the guard to Henhouse. We let one of the hospitals name the medical director of that ambulance service and they were responsible for that. Right before we were to get into this contract or we had already signed a contract with Curtis Ambulance Service this doctor, this medical director was saying that hospital in this community that was responsible to name the director refused to do so. That in essence put Curtis out of business because the state says we had to upgrade our ambulance service. To move on you know CPR type things was done in 1956 when it was discovered that if you did CPR you can stabilize that person until you got them to a trauma center not just a local nearest hospital but to a hospital that could take care of that person. They had the facility to do so. 1967 there was 25,000 people in the United States that were crippled by the untrained ambulance personnel. That's sad. This commotion of the ambulance thing we kind of painted ourselves into a corner. At that time there was a local physician that started an ambulance service a private ambulance service. 1978 we had painted ourselves into a corner that when Curtis dropped back to basic service for the contract for the city we in turn dropped their contract. Now we were stuck. We gave that contract to Orange Cross for a 90 day thing. They ran into the same problem because they didn't have the trained personnel to give that type of service. The state got after them they in turn had to hire or train their people at the local hospitals. They in turn the private sector ambulance service hired retired policemen that had some training in delivering bodies. I'd say that because the council never gave the police department the chance to upgrade their education for the employees. They chose would you like your additional minute. They chose instead to subsidize a private ambulance a tune of about $100,000 that covered the whole county. They wouldn't educate our own employees but they were willing to give it to another to a private department. That's sad. In November we have a chance again to tell this council one more time that we want to keep our paramedic service and ambulance service with the Sherbone Fire Department. I urge you to go that way. Thank you very much. Thank you. Thank you, Lee. Now on to the Mayor's announcements which normally happen about five after seven. I will keep this brief this evening. I just have a couple of dates and I will re-announce these next week. Keep on your calendars October 1 and 2 on the south side in the neighborhood of Allen Ales' Oktoberfest. Always a good time. September 25th, adopt a beach cleanup. I will give the details on these on the next meeting Saturday from 9 to noon. We can get some council members and the general public together to clean up our beaches. Rebuilding together. Applications will be received until Friday, December 3. Now these are just quick announcements. I will go through these in their entirety next council meeting. Habitat for Humanity November 6th. Alderman if you can put that on your calendar. If anybody is available November 6, Saturday November 6 they are looking to get as many Alderman and myself I will be there to work on a home at 2212 South 14th Street. That is Saturday November 6th at 8am. I will make these announcements and we have a sign up sheet for next meeting if you can check your calendars. Next thing I will not be quite as brief on. I'm recognizing one of our city managers one of our employees. Dale Dorr. If you all know Dale, Dale is in charge of our wastewater treatment plant. Dale is a quiet guy. Never says much. However he is a wealth of knowledge for this city. If you recall back in 2009 I gave Dale a proclamation because he was the name the Wisconsin DNR 2009 registered laboratory of the year in the entire state. That was in 2009. I have in my hand here something called the TPO magazine. Treatment plant operator for those of you in the business. This is a national publication the trade bible of the water treatment people in our world. There is an article in here called savings everywhere. Micro turbine cogeneration and other energy efficiency measures help a Wisconsin treatment plant toward the goal of energy neutral. Basically this is on their website for the general public out there. If you can write this down get online. The website is www.tpomag.com Page 36 just some things that Dale has done. Basically with adding micro turbines some high efficiency restoration equipment and a few other odds and ends which I will not get into here. Dale has saved the rate payer because the sewage treatment plant is you get that portion on your water bill. He's saved the rate payer the equivalent in 2009 of $358,452. This is one of our city employees. I think Dale needs to be recognized for this and I'd like everybody to give him a hand. Dale, I urge everybody the council members you have a copy of this for the general public www.tpomag.com It's about three or four pages. Thank you very much for your services, Dale. That's all I have for Mayor's announcements. Now let's get into our council meeting. First we have a public hearing hearing for the proposed assessments for water lateral replacements in center avenue from north 6th street to north 7th street public hearing. We just need to find out if anyone is interested in speaking. Would anybody like to be heard on this public hearing? Going twice. Would anybody like to be heard? And three times would anybody like to be heard? President Kittleson. Thank you Mayor. We move that the hearing be closed. Second. Motion and a second to close the hearing. All in favor say aye. Aye. Opposed? Hearing is closed. Thank you. On to the consent agenda 11-1-11-18. President Kittleson. Thank you Mayor. I move that all ROs be accepted and placed on file. All ordinances and resolutions be passed and all RCs be accepted and adopted. Second. We have a motion and a second under discussion. If there is none roll call please. Boran. Aye. Bowke. Aye. Bowers. Decker. Aye. Hammond. Aye. Hanna. Aye. Heidemann. Aye. Coth. Aye. Kittleson. Aye. Montemayor. Aye. Rindflash. Aye. Vanderweal. Aye. Versi. Aye. And Longman. Aye. 14 ayes. Sorry I'm going fast. Hearing myself echo. Motion carries. Communications and petitions 11-19 through 11-22 to be referred. Alderperson Montemayor. Thank you Mr. Mayor. I would like to file agenda number 11-20. I don't think we should be even considering a binding creating a binding referendum on the color of garbage bags. We have a motion to file 11-20. Do we have a second? Second. We have a second. A motion and a second to file 11-20 under discussion. Alderman Boran. Thank you Mayor. I think the person that sent in the communication should at least be given the opportunity to be heard at the committee level and it is going to be going to my public works committee that I chair. So I'm not going to vote to file this tonight. I think the person should at least be given the opportunity to appear before the committee to give his opinion. Thank you. Okay. Do we have any further discussion? We will do a roll call vote to file this. And I vote would be to file Bowers. Hi. Decker. Hi. Hannond. No. Hanna. No. Heidemann. No. Kittelsen. No. Montemayor. Aye. Rinflaich. No. Vanderweel. No. Versi. Aye. Wongamon. No. Four Ayes. Ten Noes. Oldman Boren, you have it at your committee. Thank you. Reports of Officers 2. Okay. We actually still need to vote on 1119 through 1122. Oh no, that will be referred. Thank you. Reports of Officers 2, 1123 through 1129 to be referred. Resolutions, introduce three. Vice President Rinflaich. Resolutions, introduce three. Okay, 1127 will be referred to finance. Thank you Vice President Rinflaich. Resolutions, introduce three. 11-30 by Alderperson Montemayor, authorizing the mayor and the city clerk to execute the deed from the city to Madrigal LLC. Alderperson Montemayor. Thank you, Mr. Mayor. I'm asking for a suspension. Second. We have a motion and a second on suspending the rules. Would anybody like an explanation on suspending the rules? Vice President Rinflaich would. Simply so that the Madrigal LLC or El Camino can continue working on their expansion. Satisfied? Alderperson Rinflaich. Is anybody opposed to the rules being suspended? If there's no opposition, the rules are put upon its passage. Second. We have a motion and a second to put the resolution upon its passage under discussion. Alderman Bauch. Thank you, Mr. Mayor. I urge you to vote yes on this. This is an important great business in District 2. They have a great strong brand in our district and they're expanding so they can serve more customers and make Michigan Avenue look a whole lot better. So I encourage you to vote yes. Thank you, Mr. Mayor. Thank you, Alderman Bauch. Any further questions? We have a motion to move it forward. Vice president Buberger. Hi. Hammond. Hi. Hanna. Hi. Heirmann. Hi. Rinflaich. Hi. Vanderweel. Hi. Wongemann. Hi. Wongemann. Hi. Borren. Hi. Bulk. 14 ayes. Motion carries. 1131 lies leverage operators license number 6420 to the full common council with no recommendation from the committee. Alderperson Koth. Thank you, Mayor Ryan. I move that the RC be accepted and adopted and request council accept or deny. And what? Depress the council either to accept or deny. Second. So she wants a vote. To clarify council. Vice president, rent flash please. Thank you. Because it's the recommendation is from the committee not to have any recommendation. What Alderman Koth is asking for is that someone make a motion to either accept or deny once we open up a discussion on this point. Is that correct? Yes. Yes. So just to clarify people that we can't simply accept and adopt because accepting doting means no recommendation. Right. Alderman Hanna. Thank you, Mr. Mayor. I'd make a recommendation that we allow Crystal Downs to have an operator's license. We have a motion to approve the license. Do we have a second? Second. We have a motion and a second to approve the license under discussion. Under discussion, Alderman Bowers. Yes. I have a record. I'm on that committee. All I have is numbers. I don't have names. Who are we talking about here? The individual on the license is Crystal Downs. Crystal Downs. Yes. All right. Did she come before our committee when we had no recommendation? Is that it? Okay, I think I wasn't that to me. Vice President Rindflash, please. Thank you. The reason why Alderman Cough is taking over the motion is I will be abstaining. But I can probably report to the record. Is that correct on what happened in the committee without crossing the line of abstention? To answer his question about did she come to the committee or not? I guess I'd suggest that someone else discuss the matter. Alderperson Cough, please. If you're going to abstain. Thank you, Mayor Ryan. The committee met. All five were on the committee for law and licensing. There were two abstentions. There was two that denied and one of one aye. So we didn't have three out of the five. So now we're asking for the council to make that decision. So my question is, is Crystal Downs here? Can I ask her to come to the podium? Yes, please. Moved to open the floor. Second. We have a motion to second to open the floor. All in favor say aye. Aye. Opposed? Crystal Downs. Oh, I'm sorry, Crystal. Crystal was called before our committee. Crystal had revealed a 2004 conviction for serving minors. A 2006 disorderly conduct, a 2006 OWI, and a 2009 OWI. She did not reveal damage to property in 2009. So I'm going to open the floor to you, Crystal. Please. What would you like me to speak about first, the not stating what I put on the licensing? The circumstances behind. Just because I forgot about what totally happened with the damage to property, I actually did not do the damage. I just missed the court date and was charged with it because I missed it for the fact that I moved and the letter was sent to my other address. And you're presently have a bartender's license in the time of Wilson. Mm-hmm. It's the first time you're applying in this city. No, I've had my spying bartender license before. And the conviction in 2004 with the survey minors, that was actually a host party we had when I was 21. And me and my fiance both got charged with underage serving because the cops were called because there was fighting and whatnot. Are there any other questions for Ms. Downes? Vice President Kittleson. You mayor, thank you. I guess I'm not understanding fully. I need a little further explanation here. What are we? No recommendation, but you're denying her beverage apparatus license based on she did not reveal some things to you. It came to the council with no recommendation. There was no recommendation by the committee. The committee asked that the council actually make the vote. The council votes whether to issue the license or not. Alderman Boer and I'm sorry. Alderman Boer. Thank you, Mayor Ryan. Ms. Downes, where are you currently employed? I'm currently employed at Urbane and Riverdale Country Club. OK, and Riverdale also bartending? Yeah. Do you have any other occupations besides bartending? No. If Ms. Downes' employer is here, which I think she is tonight, I'd also like to hear a reference from the owner of Urbane. If we could open up the floor. If we need a motion, I would make a motion to open up the floor to the owner of Urbane. Second. We have a motion and a second to open the floor. All in favor say aye. Aye. Opposed? Please. Alderman Boer and you're looking for a character reference. Can I get your name first, please? Jennifer Radke. Crystal is a bartender at Urbane. I think that she does a fantastic job for us. She exercises appropriate judgment as far as carting individuals, not over-serving individuals. We do not allow our employees to drink while on the job, so alcohol consumption for any of our employees is not a factor. I believe that she's a very good employee, a good person. Whether she's made mistakes in the past or not does not reflect on the type of work that she does for me. She does a fantastic job. Are there any further questions? No, Alderman Boer. Alderman Hanna? Yeah, I just, I know from town and country she's well respected out there. Urbane, she's a wonderful employee there. She's made some mistakes. Six years ago, she had a house party. But going from age 21 to 27, you learn a lot. And I think she's held a bartender's license for quite some time, and there hasn't been any problem. Correct. Thank you, Alderman Hanna. Are there any further questions? There are none. Thank you, ladies. OK, if there are no further questions. OK, the last motion would be Alderman Hanna and Versey to approve the license. That's what's on the table. And I vote will approve the license. Roll call, please. Decker? Aye. Hammond? Aye. Hanna? Aye. Heidemann? Aye. Hoth? Aye. Kittleson? Aye. Montemayor? Aye. Rinflige? Staying. Vanderweal? Staying. Versey? Aye. Wongamon? No. Boren? Aye. Bauch? Aye. And Bowers? Aye. 11 ayes, two abstentions, and one no. Motion carries. 11-35 by law and licensing recommending denying beverage operators license number 6207 based upon her failure to include all relevant convictions on her application and her failure to cooperate with the committee, Vice President Rinflige. Thank you, Your Honor. I move that the reported committee be accepted and adopted. Second. Motion in a second to accept and adopt. Is Chrissy Kaiser here? She's not here, Your Honor. Please continue. Thank you. The recommendation was unanimous from the committee based on not revealing all the violations and her non-cooperation. She had two chances to appear and chose not to do so. So we recommend that we deny the license. OK, we have a motion and a second under discussion. If there is no roll call, please. Hammond? Aye. Hannah? Aye. Heidemann? Aye. Khan? Aye. Kittleson? Aye. Montemayor? Aye. Rinflige? Aye. Vanderweal? Aye. Versey? Aye. Wongamon? Aye. Boren? Aye. Bauch? Aye. Bowers? Aye. And Decker? Aye. 14 ayes. Motion carries 11-36 by law on licensing, recommending denying beverage operators license number 8679 based upon his failure to include all relevant convictions on his application. His record as an habitual law violator and his record of violations related to the licensed activity, Alderperson Vanderweal. Thank you. I move that the RC be accepted and adopted. Second. We have a motion and a second to accept and adopt. Is Juan de la Cruz here? Here. It's here. The committee voted three to two to deny the license and based on his habitual law violator and that he didn't reveal all of his convictions. OK. Sir, would you like to speak? We have a motion to open the floor. Motion to second to open the floor. All in favor say aye. Aye. Opposed? Please step forward, sir. And it's Juan de la Cruz. Correct. OK. Go ahead. My name is Juan de la Cruz. Just here tonight to kind of defend myself and trying myself to obtain or keep the job that I do have right now. I did not put all the information down when I did my licensing. A lot of it just out of embarrassment with the family members that I was with at the time. Since then, I've thought about the situation, what could I have done better? Obviously, I should have just put everything down. Made it easier on everybody, especially myself. A lot of the reasons that I did not put them down are just personal, just feeling bad about it, not feeling right all the way through embarrassment. A lot of these things did happen at a younger age. I did have some recent things come up, OWI and driving after revocation. Also a disorderly conduct. Since these things have happened, I have tried and continue to do better, to be a better person, get myself involved in different programs, and stay out of the situations that are going to get me down or keep me down. I moved away from the town that I lived in, not to just run away, but to better myself, to get myself out of these situations and the environment that I was in. Being new to Sheboygan, I obtained employment at Mojo's. I actually am actively involved with the Sheboygan County Cancer Care Fund. I do catering for them on different events for free. So I'm also starting out fresh here, but starting out on a good note with different organizations and different types of people. So I'm just hoping and wishing that I can maybe sway or get some help on the votes and become a good citizen of the Sheboygan and serve the people here. Okay, thank you, sir. If you can stay up there, please. Alderman Bourne. Thank you. Does anybody from the committee have a list of this gentleman's convictions and how recent they are? And then also I have a question for you, sir. When you were in your previous city, was that Appleton? Yes, sir. Did you have any gang affiliations in Appleton? No, sir. Okay, thank you. But I would like somebody from the committee to read off the convictions. Well, the person, Vanderbilt, do you have those? Yeah, thank you, Your Honor. In 2000, he had a failure to report to jail. In 2002, a disorderly conduct. 2003, a battery. 2004, OWI. 2005, urinating in public. 2006, obstructing. And then he had two pending charges in OAR and OWI. I know that he does have some people, some character witnesses that would like to talk on his behalf. So I'd like to open the floor. Motion to open the floor. Second. We have a motion and a second to open the floor to this gentleman's character witnesses. All in favor say aye. Aye. The post. Can we get a name, please? My name is Joe Benelli. I'm the owner and operator of Mojo. Thank you, Mayor. Thank you, Council. I've known Juan now for four years. He's an outstanding person. He's very caring, very trusting. And I say that he's very caring and trusting because I don't take that lightly. As an employer and to somebody that's representing my business, I don't take that lightly. He's caring with the customers. I see him with his child, his girlfriend. He's outstanding. As an employer, it's very hard to find employees that have those characteristics. I feel he has that. I trust him with my business. I would trust him with my son or daughter if I, in that case. He's an outstanding individual, very hard working. I think that's hard to come by nowadays. And as this position is, he has to have a bartender's license. And this is his only position. He has a strong culinary background. We're focusing more on to, as I said, a restaurant and he is the key block into doing that. Thank you. Thank you, Mr. Benelli. Alderman Bowers, please. Thank you. I remember Mr. Delacruz and I wanna commend him for his behavior. But I think what we looked at at the committee was the operating after revocation of the OWI, which at that time was pending, which I think since then it has been resolved. This coming Monday, the 13th, it was like. Coming Monday and you would be pleading guilty for, will there be any jail time involved? There'll be five days. Five days? Five days jail and then a $900 fine. Also continued in my ALDA program. Okay. And I think on the committee when we voted, we commended him for his behavior since then, but we thought that he could reapply perhaps and as I asked Chuck Adams, and I said, is there any limit on the time that he can apply it? And he said, no. So I think we should have a period of time before we grant this license, only because we have to set a sort of a precedent for people coming before the council. As I understand it, you can still work there without a license, no? No. He would need to obtain a license to work at a facility. Well, he could work there if there were other people who had a license, right? Correct, it would be limited, but it is something in our guidelines where he would have to require a license to work there. Okay, well, that's all the things that I wanted to point out to the council and it's one of these borderline cases. So use your conscience when you vote. Thank you, Alderman Bowers, Alderman Hanna. Thank you, Mr. Mayor. Juan, just wanna ask you, are you being diligent in attending AA Means? Yep, yes, sir. You feel like you have your substance abuse issues well behind you? Yes, sir. Are you staying on the medications prescribed by physicians on it? Do you trust him as an employee? Absolutely, absolutely. He's unable to drink at the facility and with everything I have, I trust him at my facility. Thank you. Thank you, Alderman Hanna. Anybody else, Alderman Persson, Vanderweel? Thank you, Alderman Hanna. At the committee level, I voted against denying the license. I think he gave a very heartfelt message as to how he's changed his life around and I think he should get the license. Thank you, Alderman Persson, Vanderweel. Alderman Bourne. Thank you. I'd like to ask the chairman since he's been chairman this year, do you generally have a policy, Alderman Rindflash, on, you know, I know when I was chairman and that's when I was chairman. You're chairman now. But I generally had a policy that we like to see and along with what Alderman Bauer said, at least a year of clean conduct and in related violations. And these are related violations. So this is a very tough call for me. But do you have a policy on wanting to show a period of time without any related violations? I'll ask what's your name, McLean, if I should answer the question or not. I intend to abstain, which is why I didn't bring the document forward. So I don't want to necessarily answer the question if it would taint me. Thank you, you can address the question from the standpoint of if the committee has a policy. There is no guideline that says it has to be so many years. We leave it as a judgment call. And I think, from my recall, Alderman Bourne, when I was on the committee as your chair, to me, we look for a pattern of history. Is there a continuing pattern or is there a change in that pattern? And those are the guidelines I think that we generally look for and ask for as Alderman Ballers pointed out. But there is no set guideline of how many years it must be before something would be granted or not. I leave it to the discretion of the committee. Thank you, Alderman Bourne and vice president Rinflesch. Are there any further questions? Clarification of the vote, yes is to deny and no is to approve. Sue. An aye vote would be to deny. An aye vote would deny, a no vote would approve. Thank you, gentlemen. Do we have another question? Alderman Bourne. If we vote to grant this license tonight, this question is for the city clerk. If we vote to grant this license tonight, and it looks like Monday, there's gonna be a pending fine. If we vote to grant this license tonight, this gentleman could apply at your office tomorrow and there's nothing pending. But Monday, there could be a fine pending. That fine is not gonna have anything. It's gonna be a moot point at this point. If we approve this tonight and there's a pending fine on Monday, you could grant the license tomorrow. Correct, because there is no pending fine. Right, the ordinance states that any money is owed to the city, forfeitures, fines, whatever it is. If there's nothing there and he wants a provisional, yes, we would give him a provisional tomorrow. Okay. We would give him the 60 days and then if a fine comes up on Monday, then he would have to, before he picks up his regular license, would have to pay any and all. So it would get captured. You're gonna get it. All right, thank you. Thanks for the clarification. You're gonna get paid. Okay, are there any further questions? If there are none, roll call please. Can you again clarify the vote? An aye vote would be to deny the license. I guess I would refer to Attorney McLean though. If it is not denied, does it necessarily mean that it's granted? No, there'd be, need to be another motion and another vote taken to confirm. It doesn't automatically. Okay. Okay, so an aye vote would be to deny. Hannah, this is. That you. Oh, no. I did say Hannah. This time you did. I did say Hannah. That's you. No. No, it was Hannah. No again. No again. Okay. This is getting out of control. Heidemann. Aye. Katt. Aye. Kittleson. No. Montemayor. No. Rindfleisch. Abstain. Banderwheel. No. Bursey. No. Wankerman. All right. Warren. Aye. Bauke. No. Decker. No. Hammond. No. I already voted as no. I'd make a motion to. Hold on. Hold on. I'll finish the vote first. Five ayes, eight noes and one abstention. Okay. So the license is not denied. Alderman Hannah. I would vote to approve the license. Second. We have a motion and a second to approve the license. Roll call please. A yes vote will approve a license. Under discussion, would anybody like to talk about it any longer? Okay. Roll call please. Heidemann. No. Katt. No. Kittleson. Aye. Montemayor. Aye. Rindfleisch. Abstain. Vanderwheel. Aye. Bursey. Aye. Wankerman. No. Boren. No. Bauke. Aye. Decker. Aye. Hammond. Aye. Hannah. Aye. Nine ayes, excuse me, four noes and one abstention. Okay. Motion carries licenses granted. However, you still need to pick it up obviously. And pay for it. Okay. Moving on to 1137 by law and licensing, recommending denying beverage operators license number 8712 based upon his failure to include all relevant convictions on his application and his record of violations related to the licensed activity Vice President Rindfleisch. Thank you, Mr. Mayor. I ask that I move that the reporter community be accepted and adopted. Second. Motion in a second to accept and adopt under discussion. Thank you. Is Marcial D'Anessio here? He is here. Yes, he is. Please continue. Mr. D'Anessio, reveal no convictions. He should have revealed a OWI second offense in 2009. The first offense was in 2006, but he does not need to list that as it's not a criminal charge. That's a traffic charge here in Wisconsin. He should have involved his convictions. He did appear and cooperated with the committee, but the committee voted to deny. Okay, and this gentleman is here. Do we... Open the floor. We have a motion in a second to open the floor. Step forward, please, sir. I guess I'll start. Thank you. The same question we had asked in the committee is a particular reason that you did not list the conviction for OWI second charge on the application. We did not list that at all. I wasn't asked for that. So first of all, I want to say that my English is very limited. So again, I speak very a lot. So yeah, I was not asked for that information. So that's why I didn't write it down. I may follow up. Vice President, room, please. As you see, there is a language difficulty in communication here. I think that it may have been asked, it may just have been asked not in a way that he understood at the time. The committee was the second conviction within three years of OWI and the nature of the business of serving alcohol. We're concerned that he understood and I would support the state laws regarding alcohol. Thank you, Vice President Redflash Alderman-Born. Thank you, Miran. Sir, were you working with this license? Oh, I'm not working right now. If you get the license where you'll be working, do you have a job lined up? No, that's why I need it in order to go and find. Okay, are you working at all besides bartending? No, currently I'm not working. What have you done in the past? I used to work as a waiter. Where? At Harry Steiner. Where? Harry Steiner. Harry Steiner, okay, thank you. So, sir, you don't have a position as a bartender right now? No. But you'd like to apply for the license and then go out and seek a bartending position? All right. Alderman Hanna. To back-to-back OWIs, are you attending any sort of alcohol treatment? Yeah, I had to go to the W, I mean, double A sensation, so I'm done with that. Have you continued to do that? No, I'm done with that, so yeah. Thank you. Alderman Bauch, no questions? Are there any further questions from the council? There are none, thank you, sir. He may sit down. There are no further, if there's no further discussion, we'll call please. Please clarify the vote. This would be an aye vote would be to deny. Aye vote would be to deny, a no vote would be not to deny. Right. Cough? Aye. Kittleson? Aye. Montemayor? Aye. Rindfleisch? Aye. Vanderweel? Aye. Versi? Aye. Wankerman? Aye. Warren? No. Bauch? Aye. Bowers? Aye. Decker? Aye. Hammond? Aye. And Heidemann? Aye. 12 ayes, two noes. Motion carries. 11-38 by law on licensing, recommending denying beverage operators license number 7982 based upon her failure to include all relevant convictions on her application and her failure to cooperate with the committee. Vice President Rindfleisch? Thank you, Your Honor. I move that the report of committee be accepted and adopted. Second. We have a motion and a second to accept and adopt on the discussion. Thank you, Your Honor. Is Amber Leonard here this evening? She's here. Your Honor. Please continue. Amber Leonard revealed on her application a traffic ticket, but not a 2008 conviction for possession of drug paraphernalia. She did appear on her second chance and did cooperate with the committee in answering questions. The committee felt that the drug paraphernalia issue was something of seriousness that we felt was worth the denial. Thank you, Alderman Rindfleisch. Motion to open the floor. Second. We have a motion and a second to open the floor. All in favor say aye. Aye. Opposed? Please step up, ma'am. Okay, Alderman Rindfleisch, please continue. I'm sorry. I actually have my notes here incorrect. She did not actually appear to the committee, which is why we voted to deny at the second time. She was here this evening to discuss the issue. Any questions regarding what she did not list on her application can be forward to her at this time. So backwards, she did not attend. We voted to deny not based on her history, but based on non-cooperation. Okay. Hi, my name's Amber Leonard. Three months ago, I reapplied for my bartending license. I was asked to state where I'm working and if I have had any convictions since the last three years from my last time, I have my license and also just taking my picture. I didn't fill out any kind of paperwork. However, three years ago, I did stand in front of the committee and explain myself on my charge and I wasn't aware that I didn't have it in my records. Vice President Rindfleisch. To clarify, unfortunately, this occurs somewhat frequently where the question is, as they apply, list all your convictions, even if you've listed them before. And unfortunately, many applicants only list anything new since their last application, which isn't actually what the question says. And so those that have discussed issues or been approved on previous issues and have gone back to correct the application don't necessarily put it on the current application. So as we do a background search when we look at what's been applied, if they don't list that, we generally call them in to discuss why I'm delisting these particular convictions. So it's entirely possible, but we do within the committee, and I know we've done in the past as well, suggest to every applicant that you need to keep a record of this and every time you apply in two years to continue to put that. You were invited to attend how many committee sessions, too? Why did you not attend those? I did actually move, so it went to my old address. And I called two weeks ago. I wasn't able to attend because I had to work. I called and left a message and asked that I could come the next time and I received mail for today's date. So that's why I'm here. Yes, Karstle. Okay. Alderman Bourne. Thank you, Mayor Ryan. Ma'am, where are you gonna be working with this license? I'm currently working at Speak Easy on 10th Street in Chippewagen. It's my only form of occupation at this time. Okay, thank you. Any further questions? Alderman Hanna. Just a clarification. So once she was approved for a license last time, nothing has happened since. I just need that clarified. Alderman, right place, please. Yes, my reading of the listing of convictions would be, that would be correct. That there's been nothing new in the last two years. Okay, I don't know if the, because you had never appeared before a committee, would the council like to send this to committee or vote on it this evening or? Really two ways and it's up to the council's will. I'd be certainly willing to reschedule for the next time around for a third meeting. If the council has a full feels of the need of recommendation. If the council has an idea, there's gonna be no difference I guess between what happens now and what happens later on. The only difference would be that she would cooperate with the committee. And if she did not, then our recommendation would come back again. However, there have been precedents where this council has requested us to meet several times and our recommendation comes back if there's still no non-cooperation and the council's voted to overrule our recommendation anyway. So my opinion, if the council has an idea of how they'd like to support it, we can do that today. Thank you Alderman Rindflesch. Alderman Bowers. Yes. I can appreciate that you moved. We hear this excuse all the time that someone didn't deliver the mail or something like this. And so we hear this quite a bit. So you moved between your application and you're hearing before. Correct. Okay. And I know it takes a while for the mail to be forwarded. But did we send two letters? I think we sent two. So when did you move in? You didn't receive either one of the notices? I received the second one and I did make a call and no one answered. So I left a message asking to have another chance to come in which. Do you remember who you called? Where? It was stated at the bottom of the letter that I had. There's an answering machine on that phone. I'm assuming it came from the attorney's office. It came to Alderman Rindflesch. I'm sorry. Yes, it's my name and my phone number. It's on there. And you have an answering machine. It's my cell phone. So yes. The request that was a message was to come to the council meeting. So there's nothing further. At that point in time, we had already had the meeting, so. So okay, so she did request to come before the council, so that's why you're here now. Yes. To clarify. Vice President Rindflesch. The phone call happened after the council, the committee meeting was already complete. So the next step is to come here, which she's here attending and asking for her license. I clarified for you, Alderman Bosch. Yes. All the person on to me, or? Thank you, Mr. Mayor. I make a motion that this be referred back to law and licensing to let them shake it out to all the ins and outs and all the details because they know exactly what would be the best route. Do we have a second on that motion? I'll second it. We have a motion and a second to send back to law and licensing under discussion. Vice President Rindflesch. The motion passes. The next meeting would be next Tuesday at five o'clock in the second measure. Okay, we have a motion and a second to send back to law and licensing. Shall we do a roll call? Oh, I think so. Yes, let's do a roll call on that, please. This is referred back to L&L. Kittleson? Aye. Montemayor? Aye. Rindflesch? Aye. Vanderweal? No. Bersey? No. Wankerman? Aye. I'm sorry. Aye. Warren? No. Boke? Aye. Bowers? Aye. Decker? No. Hammond? Aye. Hannah? No. This is gonna get out of control. I just know it. Heidemann? Aye. Pat? No. Eight eyes, six snows. We'll go back to committee for next Tuesday at five p.m., correct? Vice President Rindflesch? Police station. At the police station. Oh, right here. Oh, right here. Right here. In this room. Next Tuesday, five o'clock. Okay, we are now done with our law and licensing issues. Wow. Moving on. 11-39 to be referred. 11-40 by finance, recommending authorizing a transfer of appropriations in the 2010 budget. Establish estimated revenue and appropriations for CDBG grant. Emergency assistance program for Center Avenue, New York Avenue and Wisconsin Avenue. Stormwater management. Alderman Hammond. Thank you, Your Honor. I move the report to committee, be accepted and adopted and resolution be put upon its pass. Second. We have a motion and a second to accept and adopt and put the resolution upon its passage under discussion. If there is none, roll call please. Rindflesch? Aye. Vanderwheel? Aye. Versi? Aye. Wonkerman? Aye. Warren? Aye. Falk? Aye. Bowers? Aye. Decker? Aye. Hammond? Aye. Hanna? Aye. Heidemann? Aye. Toth? Berries. Ordinances introduced 10. 1041 through, or rather 1141 through 1143 to be referred. Matters laid over 11, 10-39. General Ordinance Number 17-10-11 by Alder Persons, Boren and Heidemann amending General Ordinance Number 61-09-10 adopted April 19, 2010. So as to correct an error in the legal description for quality state oil companies encroachment at 1211 Whedon Creek Road for the purpose of maintaining a sign. Alderman Boren? Thank you, Mayor Ryan. I move that the ordinance be put upon its passage. Second. We have a motion and a second to put the ordinance upon its passage. Alderman Hanna? I need to abstain. We will have one abstention. Any discussion on this issue? If there is no discussion, roll call please. Vanderwheel? Aye. Versi? Aye. Wonkerman? Aye. Warren? Aye. Decker? Aye. Hammond? Abstain. Hanna? Abstain. Heidemann? Aye. Cott? Aye. Kittleson? Aye. Montemayor? Aye. And Rindlich? Aye. All byes, two abstentions. Motion carries. 10-40, General Ordinance Number 18-10-11 by Alder Persons, Hanna, Vanderwheel and Versi amending the municipal code. So as to delete the information technology department from the table of organization and add said positions to the Department of Finance and create the job description of Information Technology Manager in the Finance Department. Alderman Hanna? Well, thank you, Mr. Mayor. I move that the ordinance be put upon its passage. Second. We have a motion and a second to put the ordinance upon its passage under discussion. If there is none, roll call please. Versi? Aye. Wonkerman? Aye. Warren? Aye. Bowers? Aye. And Hanna? Aye. Heidemann? Aye. Kahn? Aye. Kittelsen? Aye. Montemay or? Aye. Rindlich? Aye. And Vanderwheel? Aye. Orteena? Aye's. Motion carries. Other matters authorized by law 11-44 will be referred to the City Plan Commission, 11-45 to Public Protection and Safety, 11-46 to Public Works, 11-47 to Public Works, 11-48 to Finance, 11-49 to Finance, 11-50 to Public Protection and Safety, 11-51 to Public Protection and Safety, 11-52 to Finance, 11-53 in RC by the Marina and Harbor Committee, recommending filing documents submitting the Harbor Center Marina Balance Sheet from Operations dated June 30th, 2010 as submitted by Skipper Marine. Marina and Harbor Committee. Alderman Boak. RC gets accepted and adopted. Move the RC. It's accepted and adopted RC. Apologize your honor. Second. That's quite all right. Motion to second to accept and adopt under discussion. If there is an unroll call, please. Oh, let's do an all eyes on that one. All in favor say aye. Aye. Opposed? Motion carries. 11-54 to be referred to the Special Committee on Risk Management, 11-55 to be referred to Finance and Transit, 11-56 to Finance and Transit. Do we have other motions? Other matters, please? Attorney McLean. Thank you, Your Honor. 11-57 is an arrow by the City Clerk submitting communication from Gil Brook-Miller, requesting that there is a better way and more efficient way of street cleaning. Oh, that will be referred to PPNS and Public Works. 11-58 is an arrow by the City Clerk submitting a summons and complaint in the matter of BAC, Home Loan Servicing LLP versus Stephanie Krenzer at all. We'll be referred to Risk Management. 11-59 is an arrow by the City Clerk submitting various license applications for the period ending June 30, 2011. We'll be referred to Law and Licensing. 11-60 is an arrow by the City Clerk submitting communication from Rosemarie Wilkie-Hosman, requesting impacted parking in front of her home at 824 St. Clair Avenue. We'll go to PPNS. 11-61 is an arrow by the City Clerk submitting a request for a waiver of the Sex Offender Residency Restrictions from David A. Fisher. We'll also go to PPNS. 11-62 is communication from Carter Paulus, being an article from the New York Times. Title First Responders, should serve and protect, not serve and collect, ensure or say. We'll be referred to Finance and PPNS. 11-63 is a resolution to authorize the transfer of appropriations in the 2010 budget. We'll be referred to Finance. Okay, we now have a motion. Thank you, Mr. Mayor. President Kittleson. Make a motion to convene in closed session under the exemption provided in section 19.85, one E of the Wisconsin State Statutes for the purpose of deliberating the purpose of public property where competitive and bargaining reasons require a closed session. Second. We have a motion and a second to go into closed session. Then we have a two-minute break. A two-minute break. Three minutes. Yes, first we will take a vote to go into closed session and then we will take a five-minute break. On the vote to go into closed session. Vice President Rindflesh. We have two members of the council who are not members as of yet, because they're not sworn in. Do we need a special permission for them to stay or are they not allowed to? The council would need to authorize them to stay in the closed session. I'll make the motion. Second. Second. Third. We have a motion. Okay, we have a motion and a second to allow our two future aldermen who will be sworn in next council meeting to stay for the closed session. Okay. All in favor say aye. Aye. Opposed? Well, you guys are already in. Okay. We are moving into closed session. All in favor of going into closed session. May I say ahead of time, the television cameras will be going off at this time and we'll not come back on. Oh, we need a roll call on going into closed session, but for all you folks out in TV land, we will not be re-televizing this evening. And we will take a five-minute break as soon as we go into closed session. Roll call, please. Boran. Hi. Boke. Hi. Bowers. Decker. Hi. Hanna. Hi. Heidemann. Hi. Kott. Hi. Kittleson. Hi. Montemayor. Hi. Rindflash. Hi. Vanderweal. Hi. Versi. Hi. Wangaman. Hi. 14 ayes. Move to recess. Curries. We will recess for, well, let's come back at 10 till. That'll give us seven minutes. 10 to 10, we are back in closed session.