 Welcome to tonight's Common Council meeting. As always before we start the meeting we ask our city clerk to read the quote for the week. Madam city clerk. Thank you Mayor. Each time you are honest and conduct yourself with honesty a force will drive you to success. Each time you lie even a little white lie there are strong forces pushing you towards failure. Thank you very much. Call the 17th regular meeting of the Common Council to order. Please call the roll. Excuse. Gisha. Here. Hannah. Here. Heidemann. Here. Kittleson. Here. Clowness. Here. Manny. Here. Meyer. Here. Montemayor. Here. Ryn Flesch. Here. Ryan. Here. Smith. Here. Van Der Wiel. Here. 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 Alderman Kittleson. Before we go to approve the minutes Alderman Wagerman has asked for some time to speak. Alderman Wagerman. Thank you Mr. Mayor. This Friday is December 7th. It's the 66th anniversary of the attack on Pearl Harbor on December 7th, 1941. On that day at 7.55 in the morning, forces of the Japanese Imperial Air Force and Navy attacked the island of Oahu without warning. And when the attack was over 110 minutes later, eight major battleships lay either sunk or badly damaged, three cruisers, 188 aircraft, and over 2400 young Americans lay dead. This day by many has been almost forgotten. And it's time that we do pay them some honor. From Sheboygan, Charles C. Eilert was on duty with Ship Arizona. And he's still there on duty with his mates. The legend about the battleship Arizona, as you stand on the Arizona Memorial, you can see bubbles of oil coming up. And it's sold that these bubbles of oil aren't really oil at all, that their tears of the sailors entombed in the vessel. And the legend goes on to say that when the last Pearl Harbor veteran dies, the oil will stop coming to the surface. Because then they will all have been laid to rest. I have requested of the mayor, and he has agreed, to issue a proclamation making Friday, December 7th, 2007 Pearl Harbor Remembrance Day. It's not a day we want to celebrate, it's a day we want to remember. And I further ask that all flags in the city be lowered to half staff, starting at 8 o'clock in the morning until noon on all city and public buildings, including schools. If anybody out there who flies the flag on a commercial business, I would ask that they do the same. I would further ask that this become a yearly remembrance thing. It must be remembered that nobody in the United States seems to have any day of remembrance set aside for the 2,400 people that died at Pearl Harbor. Senator Daniel Inouye of Hawaii, yearly, presents a document into the Congress to try and get this to be made a national day of remembrance. And each time it's voted down. So I'd like to see Sheboygan stand in the forefront on this, and maybe it's a practice that'll spread, and maybe we'll be known as the place where it all started. So on this Friday, if you have a flag, I would certainly request that you fly it at half staff and made it in the morning until noon. So thank you very much, and thank you, Mr. Mayor. Next item on the agenda, approval of the minutes, President Hanna. Thank you, Mr. Mayor. I move for approval of the minutes. Second. Motion in second to approve minutes under discussion. There being none, all in favor say aye. Aye. Any opposed? Motion carries. Mayor's appointments, Attorney McLean. Thank you, Your Honor. This is dated today to the Honorable Members of the Council pursuant to the requirements of Section 7.30 of the Wisconsin Statutes. I herewith submit for your approval the list of non-election inspectors for all elections in 2007. The aforementioned section of the law stipulates the manner in which election officials shall be chosen, and I tender my appointments as follows to retain as much seniority and experience as is possible while complying with the state law, respectfully submitted. I'm going to run for as Mayor, and there are a number of pages with the matrix attached. This will lie over. Hereby submit the following appointments for your consideration to the Wellness Committee, Alderpersons Jean Kittleson and James Gisha, Mary Ann Health, Scott Novus, William Adams, Jack Van Der Wiel, Patrick Dugan, Chase Longmiller, Michael Williams, the Human Resources Director, and the Finance Director. The two Alderman's terms to expire for 14.08, and all the citizen non-Aldermanic members' terms expire for 4.30.08. Signed by the Mayor. Any motion to confirm? President Hanna. Thank you, Mr. Mayor. I would make a motion to confirm. Second. Any confirm appointments under discussion? There is none. All in favor say aye. Aye. Any opposed? Motion carries. Thank you very much. Next item on the agenda is presentation by the Tourism Department. Ms. Wischer, would you please step forward? Good evening, Your Honor, and members of the Council. Thank you for the opportunity to speak with you tonight and update you on the tourism activities. We've had a busy past year, and I'll try to briefly go over a couple of the things that we have done. We received a sales promotion gem, joint effort marketing grant from the Wisconsin Department of Tourism for $37,544 to promote Sheboygan businesses and increased lodging occupancy. As part of the winter sales promotion, shops, sundries, and style on Sheboygan Shores, we hosted our first annual Winter Arts Festival. We promoted local and regional artists and welcomed 743 people to our first year event in February. In your packets are examples of our print advertisements that we used during the campaign. We also used a variety of media, radio, direct mail, and internet banner ads. As part of this campaign, we created our first coupon booklet. We contacted all city businesses and requested a discount offering. The booklets were distributed to visitors through the 12 city lodging properties and to date we've distributed almost 10,000 books. We also received a new event gem, joint effort marketing grant from the Wisconsin Department of Tourism for $23,145. Sipping on Sheboygan Shores was held in March at the Blue Harbor Conference Center and welcomed 850 attendees. We sold 63 overnight lodging packages, many of which include dinner and spa treatments. Again, we utilized various media outlets including print, radio, cable television, direct mail, and internet banner ads. In addition to the first quarter marketing expenditures that I've mentioned, we also hosted travel writers. We consistently maintained contact with our local and regional media outlets. We appeared on Good Day Wisconsin, a Green Bay Appleton TV morning show. Increasing our use of technology to reach visitors, we incorporated PayPal into our website. This has allowed us to sell tours and packages online and accept credit card payments. Our first quarter marketing efforts reaped a 6% increase in room tax collections. We debuted our lodging internet video in late March. Next to TV 8, we were able to provide a virtual tour of our lodging properties and showcase the beautiful places that we have in the city on our website. Our second quarter marketing efforts garnered a 2.9% increase in room tax collections. We continue to maintain updated lodging availability reports on our website. We are currently assisting the YMCA of Sheboygan County with lodging for the 2008 National Gymnastics Tournament. We began our partnership with the county tourism entities in February of 2006 and that group is now known as the Tourism Alliance of Sheboygan County. We are an active member and we assist with cooperative efforts whenever possible. We recognized that the 2007 U.S. Senior Open at Whistling Straits this past July would have a positive effect on Sheboygan lodging properties and we believed that Sheboygan County businesses should benefit as well. To that end, we created a county tourism effort that assisted tourism attending lodging. We worked closely with the Kohler Championship team to assist corporate guests and tournament attendees by arranging for lodging and creating a lodging availability report. Our goal was to keep guests in Sheboygan County, not Milwaukee or Manitowoc County. We coordinated an information booth at Whistling Straits during the tournament and were on site to assist visitors with their information requests. Over 100,000 attendees were at the tournament and we proved that we're able to coordinate lodging and visitor information for large event in future years. Future years Kohler Championships is hosting the 2010 PGA, the 2012 Ladies PGA, the 2015 PGA and the 2020 Rider Cup. We will continue to work to maintain our strong relationships with Kohler and will keep our businesses aware of future opportunities. In early summer, the Marina webcam was installed. On Labor Day, the Blue Harbor Resort webcam was installed. These cameras provide a picturesque live view of our lakefront. The saying, a picture is worth a thousand words is true. These webpages are averaging over 2,000 visitors per month. We understand that live views of our community are a very effective tool in promoting Sheboygan and drawing visitors to our website is a top priority in our marketing strategy. Recognizing the unique activities in the hometown flavor of our July 4th, we took an active role in promoting the city's Independence Day activities. We met with law enforcement officials, the mayor's office and other participants and created a flyer that informed our residents of the activities occurring in the city as well as providing information on city ordinances such as beach fires and fireworks. We distributed the flyer to every household in Sheboygan County, 49,001, through the Sheboygan Sun and along with our tourism efforts included it in our fulfillment. The flyer was also available online at our website visitsheboygan.com. In addition to the city events, we worked with our county tourism partners and partners and created a flyer that was distributed to corporate patrons and visitors at Whistling Straits during the U.S. Senior Open. We also made the county listing available on the task website visitsheboygancounty.com. We coordinated one of Mayor Perez's concerts in the park on Friday, July 6th. We invited the Britons, a Beatles student to play at Fountain Park and we worked with the Mayor's International Committee on Beverage Sales. We had terrific attendance and very good feedback. In talking with the city lodging properties, we identified Labor Day as a time when most experienced lower occupancy rates. We took this opportunity to create the South Pier Labor Day Festival. We incorporated the Daringland Surf Classic into the festival, added family-friendly activities including a carnival, inflatables for young children, an arts and crafts fair, and live music for two days. While we heard some comments questioning why we were competing with the Sheboygan County Fair, we recognized that we were offering visitors a multitude of activities for their last summer weekend. In talking with families who came up for the weekend, many praised the variety of activities and events that they could enjoy, and this told us that we were successful in our effort. On September 7th, we partnered with Blue Harbor Resort and Johnsonville Sausage to host a live remote with WKLH, Milwaukee Radio 96.5. We hosted Bratz for Breakfast, hosting one of the top morning radio crews for a live five-hour broadcast was challenging and overwhelmingly successful in that we reached one of our key target markets. Our third quarter marketing efforts counted a 1.7% increase in room tax collections. To date, the Tourism Division has experienced a 10.6% increase in room tax collections over the previous year. Our final activity for this year was shopping on Sheboygan Shores, a retail event at Blue Harbor Resort November 16th and 17th. We welcomed local and regional retailers who beautifully displayed their products and services, and we hosted almost 1,000 attendees. We recently received news from the Department of Tourism that our Ready, Set, Go Sports Marketing Grant on behalf of the Sheboygan County YMCA was funded $15,000. This will assist the YMCA in their efforts to host the 2008 National Gymnastics Tournament. We also just received a notification from the Wisconsin Department of Tourism that we were awarded a new event, GEM, Joint Effort Marketing Grant, for $22,525 for the 2008 sipping on Sheboygan Shores. Our state likes beer and wine. We continue to search for funding opportunity to allow us to promote city businesses, attractions, and amenities. We've been taking an active role in collaborating with the Blue Harbor Conference Center to attract meetings and conferences. We are now finalizing our DVD that will be sent to meeting planners that showcases the conference center as well as other city facilities, including the John Michael Kohler Art Center and the Stephanie H. Weill Center for Performing Arts. We've discovered that we have several venues that can host meetings of various sizes. We also highlighted city restaurants, shopping opportunities, and local attractions. This critical visual tool will greatly assist us in promoting Sheboygan as a meeting destination. As we approach the new year, we are optimistic that the city of Sheboygan will continue its upward trend of awareness as a year-round tourism destination. To ensure that Sheboygan remains attractive to visitors and is an excellent visitor destination, we will continue to promote our attractions, our activities, and our amenities. We understand that fun events and unique activities are a consistent way in which to attract people to our community. With that being said, our upcoming work plans include February 15th and 16th, our second annual Winter Arts Festival, March 29th, our second annual sipping on Sheboygan Shores, Microbruin Wine Tasting Festival, June 13th and 14th, our new event, Roar on Sheboygan Shores, a motorcycle event at DeLand Park. June 27th, we've gotten another of Mayor Perez's concerts in the park featuring Crossfire, a country band. July 3rd and 4th, we have the opportunity to coordinate our Independence Day activities for 2008. August 28th, we've sold another one of Mayor Perez's concerts in the park and are welcoming the Dew Wap Daddies. August 29th and 30th, we'll be hosting our second annual Labor Day Festival. November 21st and 22nd, we are hosting our second annual shopping on Sheboygan Shores retail event. In addition to the upcoming events that I've listed, we are also exploring hosting a film festival and other outdoor activities. We continue work on our seasonal tourism publication and are regularly updating our website. Our website traffic has increased dramatically in the last year and we are now averaging over 18,000 visitors per month. I respectfully thank you for your time in presenting to you tonight and I look forward to working with you to achieve success in 2000. So, Mojana, would you speak? Thank you very much. I'm not sure historically what our growth in room tax collections has been, but 10.6% increase over 2006 is fairly phenomenal. And I would imagine it's a significant increase over our historic rate. So kudos to our tourism group. Kim has done an incredibly, an incredible job, an excellent job in spite of perhaps some people saying we weren't going to do that and you weren't going to be able to do it. But you have done, you make us look good. Thank you, Kim. Next item on the agenda is present public forum. Madam City Clerk. Thank you. First on the list is Delcey Johnson. And Delcey, do you want to put the mic towards you just a little bit? And then I need your home address, please. 1306 North Third Street, Sheboygan. Okay, and you will have five minutes. Thank you. Mayor Perez and members of the council. I was astounded to learn recently that Mayor Perez had Fire Chief Listowski send a letter to all entities in the county presently served by Orange Cross to explore their interest in signing on with the Sheboygan Fire Department for ambulance services for mutual benefit. No wonder Chief Listowski needs 54 firemen paramedics on his payroll. As I understand it, the only bite came from the town of Wilson. And on November 5th, three Sheboygan Fire Department personnel gave a PowerPoint presentation to the town of Wilson with a follow-up presentation on November 26th. If I remember correctly, the council only authorized the fire department to provide ambulance service to the city of Sheboygan. And the proposal was to operate two ambulances full-time with a third on standby. When did the council authorize the mayor to explore extending ambulance service to other municipalities and towns? When was the department authorized to operate three ambulances with a fourth standby? Since the original plan was to cover the city with two ambulances, one must presume that the third would serve the town of Wilson. If you're going to consider extending ambulance services outside the city, the only way this should happen is through annexation. The taxpayers of the city of Sheboygan, your constituents, cannot be expected to subsidize ambulance service for the town of Wilson. You have unnecessarily burdened the taxpayers with hundreds of thousands of dollars for equipment, high salaries, and bonus pay. Are the residents of the town of Wilson going to receive the benefit of this investment with nothing expected in return? When I was on the council, there were a lot of homeowners in the towns who wanted city water. The policy was simple. No water service extensions without annexation. And as a result, the city annexed numerous properties from the towns. Expanding the ambulance service will require additional firefighter paramedics at twice what Orange Cross pays their paramedics. In addition, firemen paramedics receive bonus pay. The situation is out of control. The original proposal was for 18 paramedics, and suddenly that number grew to 24. And I don't remember any response from the council to this change in the plan. The fire department seems to be running the show. The ambulance issue has been dealt with behind the scenes, behind closed doors, and your constituents expect better and deserve better. The votes on the ambulance issue were cast before the document even reached the council floor. Walking quorums are a violation of Wisconsin's open meeting laws, and all who participated and those who succumbed to the pressure of this tactic should be dealt with accordingly. You are spending more time and seeking more input on whether people can drink beer on the city sidewalks than you spent on the ambulance issue, a life and death issue. A serious consequence of your decision that has never been discussed is the dilution of paramedic skills because of the increased number of paramedics who will be practicing life-saving skills. You have chosen to essentially double the number of paramedics who will be on call, which will result in fewer opportunities for any paramedic to perform complicated skills and possibly could have serious consequences for the patients being treated. Perhaps if the issue had received due diligence and proper discussion, someone might have realized this critical fact. Further, although a recent letter in the press pronounced that the firefighters were educated, qualified and experienced, we have since learned that they are doing ride-alongs with the Fond du Lac and Manitouac Fire Departments because they are usually not experienced and or qualified. There is a big difference between serving as a first responder and being a paramedic solely responsible for the care of the patient. I have long contended that we have too many firemen with not enough to do. If the department can operate without sub-firemen on any day for ride-alongs, perhaps the department is overstaffed and should consider reducing their roster to more accurately reflect the need. And how many hours have been consumed by the Fire Department Administration in formulating the Ambulance Service Plan? I attended the Business Improvement District Annual Meeting at the Blue Harbor Conference Center this fall. The program was presented by the designers of the Pedestrian Bridge. To my surprise, three Fire Department personnel were in attendance. I was seated at a table with Alderman Kittleson and remarked on their presence to which she said that the white shirts, those were her words, didn't start work until 8 o'clock. When I left the meeting at 8.30, the three white shirts were still wandering around Blue Harbor and looking at the Pedestrian Bridge model. Why was it necessary for three Fire Department Administration personnel to attend? Why was it necessary for even one to attend? A few days later, as I was walking down by the marina, I noticed a fire truck in the parking lot and three firemen and blue shirts on the dock where what is referred to by some as their toy boat is moored. It was late in the season and I called to them and asked what was going on to which one replied that they were doing maintenance, which was very interesting as the one who answered me was just standing looking at the toy boat and the other two were wandering around the dock looking at the other boats that were moored there. No doubt there are a lot of boat owners who would be pleasantly surprised to learn that they can maintain their boat by standing on the dock and looking at it. Would you like your additional minute? Thank you. But back to the town of Wilson. With an average of only one call a week to the town of Wilson, will the costs involved pay the expenses of operating the ambulance or will your constituents, the taxpayers of the city of Sheboygan, be subsidizing ambulance service for the residents of the town of Wilson? That is why such an extension of service should not be considered without annexation. Of course, if the city were to contract with the town of Wilson rather than calling 9-11, town of Wilson residents would also have the option of calling Orange Cross's new number 451-9111. I urge you not to set a dangerous precedent of contracting for city ambulance services without requiring annexation. That is only fair to the taxpayers of the city of Sheboygan, your constituents, the people who elected you. Thank you. Thank you. And next would be Randy Meyer. And Mr. Meyer, can you give me your home address please? 3107 North 26th Street. Okay, can you have five minutes? Can I have the extra minute? I'll tell you on the five, yeah. I have a letter to read that was sent to the city attorney by my wife's attorney. And my wife is of course Alderman Vicki Meyer. Dear city attorney, I have recently been retained to represent Alderman Victoria Meyer. The significant substantive and procedural violations and actions taken against Alderman Meyer relating to resolution 152-07-08 have made it impossible for Alderman Meyer to receive fair treatment in this matter and require that the common counsel take no further action on the resolution. I have carefully reviewed the code of ethics contained in the municipal code of the city of Sheboygan and have reviewed in particular section 2-267. I strongly object to the section being used to support center of Alderman Meyer and her removal as chairperson of the committee of the whole. Resolution 152-07-08 is being used for an improper purpose to chill free expression and for political gain. Section 2-267 is an aspirational statement. Even if section 2-267 were not unconstitutionally vague for its present use, Alderman Meyer has not violated the responsibilities set forth therein. The conversation at issue between Bob Ryan and Alderman Meyer was a private conversation and was not an official act. Mr. Ryan is the individual who has taken official acts in bad faith based on mischaracterizations of the events and apparently for a purely personal and political gain. The double standard applied by the common counsel and the ethics board against Alderman Meyer should not be condoned. Alderman Meyer has not provided a hearing before the common counsel or ethics board as required by constitutional guarantees of due process. Such minimal procedural rights are also required by Robert's Rules of Order which the common counsel is bound to follow. The complaint, investigatory and hearing procedures set forth in Wisconsin statutes have not been followed. Because the alleged improper conduct did not occur at a meeting, the common counsel and ethics board have no firsthand knowledge of the case. Therefore, if disciplinary action is to be taken, charges must be preferred and a formal trial held before the assembly of the society or before a committee standing or special, which should be required to report its findings and recommendations to the assembly for action. That this whole affair is simply a political witch hunt is obvious from the counsel's complete failure to follow its own procedures, which require a confidential investigation and trial. Alderman Meyer has the right that allegations against her good name shall not be made except by charges brought on reasonable ground. She has the right to due process. That is to be informed of the charge and given time to prepare her defense to appear and defend herself and to be fairly treated. The reason for these minimal requirements is obvious, yet none have been afforded to Alderman Meyer in this situation. Because the charges were not supported by an investigating committee's recommendation, the resolution should have been postponed indefinitely. The resolution was also improper because it implied the truth of specific rumors and contained insinuations unfavorable to Alderman Meyer. Finally, as is obvious, even without referring to the governing rules, fairness generally demands that the committee or some of its members meet with the accused for a frank discussion and to hear her side of the story. No trial has been scheduled or conducted and Alderman Meyer is entitled to at least 30 days to allow her to prepare her defense. Alderman Meyer has done nothing wrong. In contrast to Bob Ryan's substantiated allegations, she never threatened him with anything. The Council and Ethics Board would be aware of these facts if it had only followed its own procedures. Alderman Meyer engaged in a private political debate with Bob Ryan. In response to Alderman Meyer's expression of her views, Ryan for his own political gain has portrayed a simple exchange as a threat in an effort to portray himself as a victim while bringing out into the open personal issues that apparently had widely circulated as rumors. The Common Council's condoning Bob Ryan's actions violates Alderman Meyer's rights under the free speech, due process, and equal protection clauses of the United States and Wisconsin constitutions. Bob Ryan's statements about Alderman Meyer are also defamatory. Given the complete failure to follow proper procedures and violation of Alderman Meyer's rights, this matter should be put to rest and no further action taken. And that's signed Victor Ariano, attorney with Lawton and Kate's law firm. Bob Ryan, my wife didn't do anything to you. You did this all to yourself. Thank you. Thank you. That's it. Thank you very much for thanking the persons who have addressed the council. Next item, Alderman Montemayor. Can I say something? Thank you, Your Honor. Before we move on to the consent agenda, I would like to pull forward agenda item number 1751. We proceed. I make a motion to file. Second. I'm sorry, whose second is it? Motion and second to file under discussion. Alderman Meyer. Thank you, Your Honor. It appears that a vote will be held this night, despite the complete failure to afford me even the minimal process required by the United States and Wisconsin constitutions and by the common council's own rules. Because my alleged improper conduct did not occur at the meeting, the common council and ethics board have no firsthand knowledge of the case. Therefore, for any disciplinary action to be taken, a confidential investigation and formal trial must be held. Robert's rules of order, 10th of page 630 to 31. I object to any action being taken against me in the absence of the required procedures and especially in the absence of a formal trial. I never threatened Alderperson Bob Ryan. My conversation with him was private. I have remained quiet and composed during these humiliating times because I believe that public officials must have the right and ability to engage in private conversation with each other. Unfortunately, the private conversation between Alderperson Ryan and me is no longer private because formal procedures have not been followed. I have never been asked to tell my side of the story. On Friday, November 9th, before a special meeting of the common council, I asked Alderperson Ryan if he would talk to me outside the council chambers. He agreed and he went to the hallway to have a private conversation. During the conversation, I told Alderperson Ryan that I was disappointed with his demeaning comments about the mayor and that he had embarrassed the council by making those despairing statements. Alderperson Ryan said he was a great leader and that I was a blind follower. I then asked him if he was drunk when he had made the comments about the mayor. Ryan asked why I would say that. I responded that there are rumors that he is a drunk. In response, Ryan blew into my face and asked if it smelled like he had been drinking. He then pointed his fist and finger at my face. When I told him to get his finger out of my face, he said something to the effect that there are rumors about me too. After additional discussion regarding our political differences, Alderperson Ryan walked away from me. When he returned to the council chambers, I heard him repeatedly tell Alderperson's wangaman and Hannah in a mocking way, she's disappointed in me. At no point did I threaten Alderperson Ryan. The above statement is not a substitute for the process required by the common council's rules and state and federal law. I do not waive any right to such process by making the above statement. I make this statement solely in an effort to achieve the only appropriate outcome in this matter, to file this resolution. I support the motion to file this resolution because the process has been flawed to the point where I can no longer be judged fairly and confidentially as our rules require. This council has already voted not to take action against me and nothing has occurred that supports a second vote on the same acts. In order to keep what is left of the process fair, I will abstain from voting. I ask Alderperson Ryan also abstain. Further, I respectfully ask that Alderperson Gisha honorably abstain from speaking or voting because it appears from comments he made publicly in this chamber and in emails that he has already made up his mind that I am guilty. To the rest of the Alderpersons, I ask that when you vote on this resolution, you recognize both the factual truth that I did not threaten Alderperson Ryan and that the violations of my rights to free association, free speech, equal protection and due process dictate that this resolution be filed. Thank you. Thank you, Alderman Meyer, Alderman Ryan. Thank you, Mr. Mayor. It's a sad day for this council. Every day we have every council meeting we start out with our quote and there are things that kind of just go over our heads and we really never pay attention to them. But today's quote says, Each time you are honest and conduct yourself with honesty, a force will drive you to success. Each time you lie, even a little white lie, there are strong forces pushing you toward failure. Written by Joseph Sugarman, who that is, I personally have no idea. The notice of appearance, the letter from Alderpersons Meyer's latest attorney, speaks of a conversation between Alderperson Meyer and Bob Ryan. Maybe if it was just Alderperson Meyer and Bob Ryan, it wouldn't be an issue. But it was Alderperson Meyer and Alderman Ryan outside of these council chambers. I'm called Bob Ryan, Mr. Ryan, ten times in this letter. It wasn't between Mr. Ryan and Alderman Ryan and Alderperson Meyer. As far as Alderperson Meyer, finally speaking of our conversation, several flaws here to say the least. Stating that she said she was disappointed and the council was disappointed in me. The word council was never mentioned. She said, I told her I was a great leader. Even if I thought of myself as such, I certainly wouldn't use that term, great leader. I mean, her recollection of this conversation, obviously, is flawed to say the least. She says I said there were rumors about her, too. Never happened. I never told her there were rumors about her, too, because I was too interested in what rumors were out there about me and why she was doing this to me. Her attorney says that I've done this for political gain. I've done it for purely personal gain. Sure, I've put out there in public that I've had marital problems, that I may have over-imbidened alcohol more than one time in my life, that my family didn't want me to run for political office for personal gain. Oh, I sure gained a lot out of it. Let me tell you. It makes me feel real good. This is sad. I mean, this is sad. I'll say no more. Alderman Montemayor. Thank you, Your Honor. I say again, none of this fits the criteria. This whole process has been damaged beyond repair and to the point where Alderman Meyer simply cannot be judged fairly anymore. Because of prejudgments and the manner in which this matter has been handled, Alderman Meyer has suffered unmeasured damage to her character and family, three times public humiliation. The victim here is Alderman Vicki Meyer and not Alderperson Bob Ryan. None of us can help her with that now, but we sure can't put an end to this mess tonight. We owe it to ourselves and the taxpayers of Sheboygan to end this nonsense now. Given letter from Attorney Ariano, there may be potential litigation if this council persists in taking action against Alderman Meyer. There are constitutional issues and cons dealing with legislative rights, freedom of speech, the right of association, the right of equal protection of the law and the right of due process. I'm going to ask you several questions before you vote. Do you want to find yourself or the city in court answering these potential claims that may cost the taxpayers thousands of dollars in litigation and perhaps subject each of us to liability? Are you confident that in regard to section 2, 263 of the code, our code, we have protected to the fullest extent possible the rights of Alderman Meyer and that she has been treated fairly? Are you confident that section 262 of the code being an aspiration and not a mandate for attorneys is the legally proper way to handle a private conversation between two Alderpersons outside the council chamber and impose severe humiliating again and damaging action against Alderman Meyer? Are you confident that we have afforded Alderman Meyer the confidentiality and fairness she is entitled to by our rules of order and our rules of procedure? Are you aware we have not taken the proper steps in a fair disciplinary process against Alderman Meyer? Do you accept the recommendation from the ethics board comes to the common council without due process, without an investigation, without confidentiality, and that the allegations are completely unfounded? Do you accept the fact that because of this, Alderman Meyer is no longer able to be judged fairly, either by us or the public? And finally, are you fully confident that this council has not violated Alderman Meyer's legislative rights, her freedom of speech, her right of association, her right to equal protection of the law, and her right to due process as they are afforded by her office, and the constitution of the United States and the constitution of the state of Wisconsin? We are the conscience of the city of Sheboygan. We are its voice. We represent the people not vendettas, personal interests, and those seeking political gain. We can put an end to this tonight. I ask that you do and vote with me to file agenda item number 1751. Thank you. Thank you. Thank you, Mayor Perez. I'm not going to speak on this very much. I'd just like to respond to two points. First of all, the suggestion that I abstain because I've already made up my mind, perhaps then all eight other Aldermen who voted in the Ethics Committee should also abstain because they obviously made up their minds. I think that's a ridiculous notion. The other point is that it's been said through this letter, through Mr. Meyer's comments, and Alderperson Meyer's comments of political motivation that brought us here. I'd like to address that. I've tried to address it in the past, but I'll do it one more time. I'd like a show of hands from Alderman that I've called to ask questions about how they're going to vote on this or to try to talk them into voting one way or the other, or giving my opinion to try to sway them. Anybody? Anybody? Nobody. Because I didn't do it. I'm the only person whose name is on that resolution. I didn't get 20 other signatures or five other signatures or whatever it was necessary because I didn't want the process to be political. Alderman Ryan never talked to me about putting this resolution in, and I never talked to him about it. I did it. So what political gain does Jim Gisha have out of doing this? Anybody want to help? It's because there's none. I have no issue with Alderperson Meyer. I've enjoyed serving on committees with her. Center and note to say that very fact. I've enjoyed working with her on many committees. I've enjoyed working with Alderperson Ryan on no committees but a couple of projects. So there's going to be politics involved. It's got to start with me because it's my name on the resolution. There is no politics involved here. The only thing that's involved here is the honor of this body. And the suggestion that a person must be under oath to tell the truth is not a notion that I'm familiar with. I don't need to be under oath to tell the truth. I don't need to be under oath to speak my side of the story. I don't need to be under oath to honestly say how I feel and what happened. And I believe the council did follow the correct procedure. We are within our authority, and I will not be abstaining on this vote at all. Thank you. Thank you. I recognize the next speaker in line. I ask that you follow a procedure addressed to chair, not each other and not the public. Alderman Manning. Thank you, Your Honor. Two simple words. I do believe that Alderperson Gisha is strictly operating on principle by bringing this resolution to this body. Two simple words. Intention and interpretation. Those two words defined for me are inability to deal with this issue. They are not directly involved. These kind of tasks are not involved in the core of the ethics code that is at the basis of the city's concern and direction for ethical behavior from we who sit in these chairs. Therefore, it's ambiguous. We have no clear ability to evaluate either intention or interpretation. It's a waste of our time. This kind of thing needs to be settled at the ballot box by the voters. Thank you very much. Thank you, Alderman Manning. Next we have President Hanna. Thank you, Mayor. I have a question for Attorney McClain. May I address? Please do. Attorney. During this process, I too, nobody has called me, which I really appreciate. During this process, were you guiding Alderperson Gisha in the procedure in crafting the resolution to the best of your knowledge? Did he follow the appropriate procedure or were there violations along the way? Attorney McClain. Thank you, Your Honor. Alderman Gisha provided me a copy of a draft resolution that he was going to submit. Alderman Gisha and I differ on our recollection of our discussion, but the issue was, and it came out later on, why was this referred to the Ethics Board and why wasn't it just acted on when the document called for the committee directing the Ethics Board to convene and investigate when it could have been acted on. It's my recollection of our conversation that it's gotten this format from the City Clerk and the City Clerk had indicated that prior documents had been referred and that's why it was put on for referral. That was my discussion with Alderman Gisha. Perhaps my recollection of that discussion about referrals incorrect, but that's the discussion I've had. I haven't been advising him on any other procedures other than that. Perhaps now is the time, if you wish, I can address Attorney Ariano's letter and give you my read on where we are in the process and to a certain extent, I appreciate a receipt of Attorney Ariano's letter because one aspect he brought up I think has merit and that has to do with the procedure for disciplinary action of Aldermanic members. It's not something that I have encountered in my 20 years of experience as City Attorney. It's, and I hope I don't have to encounter it again, frankly. But the process is murky because it hasn't been used before and there's nothing concrete that says this is what you do. He pointed out Robert's Rules of Order and I agree that the Council, by ordinance, adopts Robert's Rules of Order as procedures of the Council except to the extent that other ordinances supersede or conflict or state law or federal law conflicts. So I looked at the sections of Robert's Rules of Order that Mr. Ariano cited and as I say, frankly, this is not an area that I've looked at before but disciplinary procedures for members of societies is how it's phrased in the Robert's Rules. But he makes a point and it's in Robert's Rules that there's a distinction between disciplinary procedures where the offense occurs in a meeting and disciplinary procedures where the event occurs outside of a meeting. And he cites in his letter the rationale that's in Robert's Rules for the difference in that what takes place outside of the meeting is not observed by the entire body. So at least those that weren't involved personally don't have firsthand knowledge of what took place. So Robert's Rules goes into that distinction and makes a distinction then in terms of procedures for dealing with perceived violations if it occurs during a meeting and if it doesn't. And he does quote a section of Robert's Rules and that's what it says. If improper conduct by a member of a society occurs elsewhere than at a meeting, members generally have no firsthand knowledge of the case. Therefore if disciplinary action is to be taken, charges must be preferred in a formal trial held before the assembly of the society or before a committee standing or special which should be required to report its findings and recommendations to the assembly for action. I would also note that the section just before that discusses, this is on page 629 of Robert's Rules 10th edition, if there's an article on discipline in the bylaws it may specify a number of offenses outside meetings for which penalties listed on previous pages can be imposed on a member of the organization. Frequently such an article provides for their imposition on any member found guilty of conduct described, for example, as tending to injure the good name of the organization, disturb its well-being, or hamper it in its work. In any society, behavior of this nature is a serious offense properly subject to disciplinary action whether the bylaws make mention of it or not. So I think that has to be borne in mind as well. As to the procedure so far, what was submitted by Alderman Gisha back on November 19th was a resolution requesting that the council direct the ethics board to convene and investigate potential improper behavior and to determine what actions if necessary, if any, to be considered appropriate. That was referred to the ethics board. So no action was taken. The ethics board met last Monday, discussed that, recommended filing that and recommended adoption of the ordinance that's on the council agenda tonight as document 1751, committee report, and the resolution that's attached to that. And that calls for censure and removal of Alderperson Myers, chairman of the Committee of the Whole. The issue next, I think one of the key issues here is due process. Attorney Ariano raises the issue that Alderperson Myers entitled to due process as required by the constitutional guarantees. I think you've got to parse that a little bit. Due process, the elements of due process really are dependent upon what sort of impact or implication the proposed action is going to have. I looked at case law today, and the closest case I could find was out of Vermont, Supreme Court of Vermont, in the case of Stanley Laflame versus Essex Junction School District. In that case, the Ethics County School District Board, which the case notes was also subject to Robert's Rules of Order and cited the same sections that we've been discussing, censured Mr. Laflame and for conduct which occurred outside of a committee meeting or the board meeting. The Supreme Court of Vermont held that the issue really was whether or not censure as a punishment or action gives rise to a procedural due process claim that's recognizable under the 14th Amendment of the U.S. Constitution. And the court there said that public censure or reprimand does not give rise to a procedural due process claim so long as injury is solely to a plaintiff's reputation. The court said we need not decide whether the court was correct in their ruling. As discussed below, as discussed below, defendants were entitled to judgment in their favor. This is the school district on the due process claim because Laflame failed to establish the requisite elements of procedural due process violation. The stigma that may result from a defamatory disciplinary action does not by itself implicate a liberty or property interest protected by the due process clause, cites a federal U.S. Supreme Court decision. Then it cites another U.S. Supreme Court decision to contrast reprimand in a public body type of setting from reprimand in a professional disciplinary situation incited to license the practice law, for instance, being a property interest such that a reprimand of an attorney implicates a property interest, which is recognizable under the due process clause. In Wisconsin, there's case, the closest case I could find, ties into this is Newfer versus Village Board of Palmyra, a 1979 Wisconsin Supreme Court case. The relation is that it talks about liberty interests and the examples of charges affecting the liberty interest and reputation described by the U.S. Supreme Court in Roth, charges of dishonesty and immorality. Cases cited in Roth involve charges of alcoholism, communism, subversive activities. None of the charges against Newfer alleged him to be immoral or dishonest in the manner he operated his office or accused him of conduct comparable to charges of disloyalty, communism, subversive activities, or alcoholism. Accordingly, we conclude the Board's action does not damage Newfer's standing and associations in the community to the degree necessary to implicate Newfer's liberty interest in his reputation. Now, the document before you, the resolution calls for two things. One is censure, and the other is removal as chairperson of the Committee of the Whole. At this point, I would advise the Council that removal of Alderperson Myers, chairperson of the Committee of the Whole, could likely implicate a liberty or property interest such that due process protections of the 14th Amendment would be implicated. Because of that, I would... if this resolution is going to go forward, I would advise the Council to not take action to do that this evening, but to send the matter back to the Ethics Board which could be done by not acting on this document but acting on the original resolution that came in which directs the Ethics Board to convene and investigate potential improper behavior. That would allow for establishment of appropriate due process procedures before taking any action that would involve or implicate liberty or property interests that implicate the due process cause of the 14th Amendment. In and of itself, public censure would not, and it's my opinion that if that's all you did, you would not have to have a prior hearing on that. So I guess what I offer is options. I think you could take the course as the motion is currently on the floor to file and take no action. You could hold the current document for further review and have it come in at the next meeting. You could file the new proposed resolution and act on resolution 152 as it originally stands which in my view merely directs the Ethics Board to conduct the investigation that is called for by Attorney Ariano and that Robert's Rules of Order speak to before taking some final action. Or if the council again wishes to act on the new proposed resolution, it'd be my recommendation that the reference to removal of Alderperson Meyer from the Committee of the Whole be removed from that before taking action. Attorney McLean, would you please address the council and explain how referring it back to the committee will remedy the two components that are critical in offenses created outside the assembly and in particular holding the investigation in the executive session to protect the confidentiality of the rights of the individual affected. Sending it back will not remedy that. I need you to explain that to me. I'd be happy to. I guess first of all, and I haven't quite finished, the Robert's Rules of Order only applies to the extent it's not inconsistent with the existing state law and you have to look at Robert's Rules of Order in relation to the public meeting laws. So I looked at the exceptions to the public meeting laws. As the mayor indicated, there's reference to various confidential investigations and so forth under Robert's Rules. That may be true in a non-governmental setting but I don't think that's the case with a governmental body. The most possible exceptions under the open meeting law are 1985 1C that talks about considering employment, promotion, compensation, excuse me, 19.85 1B considering dismissal, demotion, licensing, or discipline of any public employee or person licensed by a board or commission or the investigation of charges against such person or considering the grant or denial of tenure of the member and the taking of formal action on any such matter. The notice shall contain statement that the person has the right to demand that the evidentiary hearing or meeting be held in open session. The informal attorney general's opinion, 1-49 or I-4990, July 20, 1990, that says because 19.85 1B, which is the closed session for discipline and licensing items, only covers public employees and persons licensed by a governmental body, it cannot be deemed to authorize a common counsel's consideration of the possible discipline of one of its members in closed session. Then the other possible closed session item is for personnel matters. That's in 19.85 1F. That provides an exception to consider financial, medical, social, or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where B applies, which if discussed in public would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data or involved in such problems or investigations. The comments to that exception provide that, however, if the information to be reviewed were already in the public domain, a governmental body would be unable to rely on this exemption because the necessary criterion would be absent. So I would be concerned about going into closed session or executive session as it's referred to in Robert's Rules where it's a governmental body situation. I think you would end up, and if we go much of this deliberation, I think would need to take place in open session. Any hearing would need to be in open session because there's no other, there's no exceptions under the open meeting law that would provide for closed session. Thank you, Chairman McLean. Thank you, Your Honor. I'd just like to make one rather short statement. I deeply resent being told that if I don't vote a certain way, I stand to be sued in some way. I resent that strongly. It was a suggestion that I think was wholly improper. It was an attempt to influence this council, and every member on this council floor should be outraged by that. How dare someone come in here and tell us that if we don't vote a certain way, we're going to be sued? Well, I'm going to tell you right now, I'm going to take that chance. Alderman, want the mayor or your next? Thank you, Your Honor. May I address Attorney McLean? Please do. Given the legal implications and the potential litigation, is it your legal opinion and your advice to us that we persist in disciplining Alderman Meyer? Or is it your advice that we should not persist in disciplining Alderman Meyer? I make no opinion on whether you should discipline one of your members or not. I have no opinion on that, and that's your prerogative, not mine. I guess the concern is, from my perspective, is that whatever we do, we follow the right procedures. And, you know, as I said earlier, this is not an area that you deal with on a regular basis. So it's important that the procedures be followed, and I'm not going to advise you one way or another as to whether to pursue discipline of one of your members. Okay, one more question. Having read our code book extensively, does this whole hallway conversation fit into the criteria of even being considered an ethics violation? Well, I don't think it falls specifically under the ethics code, but, you know, I thank Attorney Ariano for pointing out the section in Robert's Rules that in any society, behavior of this nature is a serious offense properly subject to disciplinary action, whether the bylaws make mention of it or not. And I think the spirit of that was mentioned a number of times in the last two previous meetings that conduct that tends to injure the good name of the organization or disturb its well-being or hamper its work is something that this body has a right to address if they so choose. Well, I think maybe our attorney is kind of giving us some fuzzy advice. I still think we need to file this resolution in this matter now. It still does not fit the criteria according to our code book. I don't want to be around for possible litigation. I don't think any of us do. Thank you. Alderman Brassel. Thank you, Your Honor. Boy, I mean, removing someone from a chairmanship, centering them based on our interpretation of a spirit of something I think is very scary ground for me. I support filing this document not because I have any friendship or anything along those lines. I guess it's basically based in the fact that I think the process was flawed for a lot of the reasons that have been stated already. I wish we would have had this sort of legal clarity two weeks ago when this discussion came up. I think it should have been had before Alderman Ryan had his 15 minutes to state his case. I further believe that Alderman Ryan's comments should have been redirected into a closed session. Whenever we start talking about someone's character and defamatory potential, potentially defamatory marks come up, I think we should be in closed session. I think that the way this should have been handled is that there should have been a targeted team of people led by your office, Alderman McLean, deposing the two individuals, Alderman Mayer and Alderman Ryan, with some frank, targeted, pointed questions, and that information should have been reported back as committee, and we would have used that information to make a more objective decision. In our heart of hearts, we can really only honestly say that we know bits and pieces of Alderman Mayer's side of the story because she's chosen to stay relatively quiet until tonight. Based on the buzz that was created at the last council meeting from Alderman Ryan, his family members and his supporters, and there's nothing wrong with that, but based on that buzz, if I were at Alderman Mayer's shoes, I would have a strong feeling that civil action might be coming outside of these chambers, so I can understand, excuse me, I can understand her decision to stay quiet because this thing could take on a life of its own outside of these chambers. Another issue that I have with this, I guess, is that if we want, as a body, to administer justice using this ethics code, we need to be consistent. And I say that because, and again, I pointed this out somewhat gingerly in the original meeting two weeks ago, is that the comment that started this entire thing is a blatant violation of our ethics code, and I refer to 2-267, which in the final statement refers to fostering respect for other governmental officials and the government as a whole. The foot in the mouth complaint, and I don't have the exact quote, but the foot in the mouth complaint that graced the top of the Sheboygan press here roughly a month ago, did nothing to foster respect for Sheboygan city government or any of the officials here in this chamber. Furthermore, Alderman Bauch's letter here is another attempt. If you look in the middle's paragraph, he advises people to watch how they vote based on their obvious friendships that extend outside of this chamber. That's an accusation and it's unfounded, and again, it does nothing to foster respect. So I go back to, if we as a body are going to be in the business of administering justice or ethical justice, we need to be consistent and apply it across the board, not pick and choose based on the spirit of the interpretation that we see with our ethics code. So if you look at the cats out of the bag, like I said, we heard from Alderman Ryan and that's fine. We heard from Alderman Ryan supporters and family. The cats out of the bag. I don't know if we can get a fair trial, so to say. I think we should have gone to a quasi-judicial hearing scenario where the two parties would have had legal experts alongside them laying out their story carefully. Maybe we can, but that's certainly the course we should have taken two weeks ago, rather than the course that we did. I support the staff and I recommend that we file it. Thank you, Alderman. Alderman Clayunus. Thank you, Your Honor. I find this whole thing to be very complex and full of hurtful words from the point of the newspaper to the hallway, to this chamber floor, to radio programs. And I find the resolution inadequate to address all that has come about from this. And I think the resolution is not addressing what problem it has become and what we face in terms of guiding ourselves in moral decisions and also just guiding ourselves in terms of being a body that has integrity and honesty. So I cannot support the resolution. I feel as if we're just trying to shove something in the corner, get it over with, and we've gotten ourselves into a big mess. Thank you, Alderman Clayunus. Alderman Bryan. Thank you, Mr. Mayor. This is all about right and wrong. This is nothing I wanted to happen. Alderman Burr-Hasselt refers to what initially blew the whole thing up, my comments in the Sheboygan Press saying that the Mayor stuck his foot in his mouth. The Sheboygan Press got ahold of me. I did make the comment and I meant it. I did not mean for it to be headlines. They asked me my opinion on it, I gave them my opinion. I probably shouldn't have said it. However, for Alderperson Mayor to do what she did to me was uncatchable. I would not do that to anybody whether it be in government or outside of government. I would not go to anybody and threaten them say I know something about you. But now here we are. Now we have attorneys threatening to maybe sue us as a city if we make a decision. I know what's right. I know what's wrong. I know what the truth is. And I've told nothing about the truth. 100% of the truth. Stretched anything? I have not enhanced anything or minimized anything. I know what happened. I believe the majority of this council knows what happened. But here we are. Now we can refer this back to the ethics board. We can refer this as a quasi-judicial hearing. I think it needs to be put to bed. I know that wrong was done. In my opinion, a crime was committed. A crime against me, a crime against my family. But for the integrity of this council in order to get on with future business I will make a motion to file also. I will agree with all the person not to me. Thank you. Thank you. Thank you, Mr. Mayor. Unfortunately, I had to follow all that previous comments. Excuse me. I just want to correct something here. You made a motion to file the florist to file. Yes, sir. I understand. Thank you. Thank you, Mr. Mayor. Well, Ryan's comments took the wind out of my sales. Quite frankly, two weeks ago, I made a motion to censure and move on. It was decided that we needed to investigate. And hence refer everything to the ethics board. Unfortunately, we did not pass the resolution to empower the ethics board to actually do the investigation to subpoena if need be to get the full side of the story. I was fully prepared here to make the motion beyond the filing to instead of going to the Ethics Committee, as we know our city code is little, I think. Not clear about it is an ethics violation or not, but rather empower as according to Robert's rules of order to a committee standing or special, which we could do to committee of a whole to further investigate with something that we could do not necessarily within the ethics board, but within our own rights to see if the conduct really harmed the good name of the council. I was fully prepared to make that motion to proceed with that so we could really do the full investigation. We did not do the Ethics Committee. An investigation that if we were to do something as serious as remove the chairperson of the committee of the whole, I think we need to do. However, I've heard Alderman Ryan's comments regarding moving forward to the business of the council and he himself is supporting the motion to file, then I will do so as well with the mention of gratitude for that all the person to take the high road and move on and I appreciate that. Thank you, Mr. Mayor. Thank you. We have two more. Alderman Vanderbilt and then Alderman Clayunas. Thank you, Your Honor. I have a sheet of paper here of comments tonight but I'm only going to read one sentence because when I was thinking about it during the week what I was going to say tonight, to me this is what sums up the whole situation. I've always felt that politicians say can and will be held against them by everyone and I agree with Alderman Clayunas that tonight I couldn't have said it better tonight myself and I will support to file it. Thank you. Thank you. Alderman Clayunas. Thank you, Your Honor. All the questions? Is there a second to that? Second. Under discussion. All in favor? Under discussion. Alderman Boren. Thank you, Your Honor. Just so I understand this correctly by Alderman Ryan saying that he's willing to file this that if we file it there's going to be no disciplinary action of any kind and he's okay with that. Is that my understanding of what Alderman Ryan is saying? That's what I understood. It ends tonight. Thank you. Motion has been called. I mean the question has been called. There has been a second. All in favor say aye. Aye. Any opposed? Motion carries. The motion, the main motion stands. Motion was to file. There was a second. Please call the roll. Boren. Aye. Gisha. Aye. Hannah. Aye. Heidemann. Aye. Kittleson. Aye. Manni. Aye. Meyer. Montemayor. Aye. Rindflash. Aye. Ryan. Abstain. Smith. Aye. Banderweal. Aye. For Hasselt. Aye. Longaman. No. 12 ayes, 1 no, and 2 abstentions. Motion carries. We have the consent agenda 17-1 through 17-14. President Hanna. Thank you, Mr. Mayor. I almost forgot how to do this. I make a motion that all ROs be accepted and placed on file and that all RCs be accepted and adopted. Motion and second. Under discussion. President Hanna, please continue. Thank you. I would like RC 17-14 pulled forward for a separate vote. 17-14, last one on page 3 will be pulled forward for a separate vote. I need a motion to accept and adopt the RC. Second. Motion. Motion and second to accept and adopt 17-14. Any discussion? They're being on. Please call the roll. Gisha. Aye. Hanna. Abstain. Heidemann. Aye. Kielsen. Aye. Clioness. Aye. Manny. Aye. Meyer. Aye. Montemayor. Aye. Rindflash. Aye. Ryan. Aye. Smith. Aye. Banderweal. Aye. For Hasselt. Aye. Longaman. Aye. Motion carries. We will take the vote now on 17-1 through 17-13. Motion and second stand. Please call the roll. Hanna. Aye. Heidemann. Aye. Kielsen. Aye. Clioness. Aye. Manny. Aye. Meyer. Aye. Montemayor. Aye. Rindflash. Aye. Ryan. Aye. Smith. Aye. Banderweal. Aye. For Hasselt. Aye. Longaman. Aye. Boran. Aye. And Gisha. Aye. 15 ayes. 17-15 through 17-17 to be referred. Alderman. Montemayor. Alderman. I'm sorry. I had so many lights. Okay. You go first. And then was there anybody else that hit lights? Okay. Please hit it again. Anybody else that hit lights? Please hit it again. Okay. Alderman Manny. You have the floor. Thank you. I moved file 17-15 and if possible at the same time 17-17. 17-17 and 17 what? 17-15 and 17-17 to file. And there was a second. Under discussion. Alderman Rindflash. No? Some of the discussion was I was going to make the motion to file 17-17 as well. Okay. Motion to file 17-15 and 17. There was a motion. Any discussion? All in favor say aye. Aye. Any opposed? Motion carries. Report of officers to 17-18 and 17-19. I'd ask for a motion to file those two. Alderman Montemayor. Thank you, Your Honor. I make a motion to file agenda item 17-18 and 17-19. Motion in second to file 17-18 and 17-19. Under discussion. You're being on. All in favor say aye. Aye. Any opposed? Motion carries. 17-20 to 17-30 to be referred. Alderman Montemayor. Thank you, Your Honor. Agenda item number 17-20. I make a motion to file. 17-20 motion in second to file. 17-20 There is none. All in favor say aye. Aye. Any opposed? Motion carries. Resolutions introduced 17-31 by Alderman Ryan, approving the amendment to ground lease agreement between the redevelopment authority of the city of Sheboygan and triple play real estate, LLC. Alderman Ryan. Thank you, Mr. Mayor. I move to suspend the rules. Is there a second to suspension? Is there any objection? There being... Yes, there is. Alderman Rinschleis. Should be better. At this time, just request information of why. Yes, thank you very much. Alderman Ryan, would you please explain? Yes, Mr. Mayor. This is for the former triple play, now being known as the Field House. This is strictly to lease them to slivers of property on the two sides of their building that were not in the original land lease. This is in order for them to construct their side entrance which will lead up to the Spikes Sports Bar and also to have enough property to build their dumpster enclosures, etc. And they want to get this process underway so they can get open. There is no objection to suspension. Okay, then I need a motion to put the resolution upon its passage. I move to put the resolution upon its passage. Motion and second. 1731, under discussion. We have Alderman Smith. Thank you, Your Honor. It seems to, and I understand why Alderperson Ryan Flesch is constantly asking why are we asking for suspension here? And although it was described that it's a great project and we want to move this forward, I think we're slipping into constantly using this and we need to be careful. I will support this tonight but city planning and development please use this only as an exception, not the rule. Thank you. Good point, Alderman Smith. Thank you. Any further discussion? They're being on. Please call the roll. Heidemann, Kittleson, Clayunas, Manny, Meyer, Montemayor, Rinflesch, Ryan, Smith, Vanderweel, Verhaselt, Wongamon, Boren, Gisha, and Hanna. 15 ayes. 1732 by Alderman Gisha and Rinflesch accepting an offer to purchase land in the Sheboygan Business Center. Alderman Gisha. Thank you, Your Honor. And my apologies to Alderperson Smith but I'm going to ask for suspension of the rules for the purpose and explaining it for the benefit of Alderperson Ryan Flesch and anyone else. Okay, we need a, we need a the motion, we need a second. There's a second. Is there any objection? Then he will explain, Alderman Smith. Okay, please proceed with a motion to put the resolution upon its passage. I make a motion to put the resolution upon its passage. Second. Now you can explain. Thank you. Thank you very much. The reason for the suspension of the rules is basically chronology there. We needed to redate this offer to purchase which has been sitting and we have reviewed it one other time. We needed to change the date to actually refresh it so that it can be acted upon. This is for a JL French Corporation, one of our largest employers certainly in the area. So it's basically a date revision. This is a document we have seen before. I would feel differently about suspending the rules if it wasn't. Thank you. Any further discussion? Attorney McLean. Thank you, Your Honor. Just to clarify, there are some changes in here that were at the request of the council and that's why the revised offer was submitted. Thank you. There is no more discussion. Please call the roll. Kittleson. Mr. Mayor and Montemayor, amendment resolution 146-07-08 adopted by the council on November 19th to change the makeup of the wellness committee from one older person to two older persons. President Hanna. Thank you, Mr. Mayor. I need clarification. First, do we need to suspend the rules or can we let this go? Just put it upon his passage. I'm a little tanned right now. I was going to say we could let this one rest. Is there a second? Motion is second to put 733 upon his passage. Under discussion. There is none. All in favor say aye. Aye. Any opposed? Motion carries. 1734, 1739 lies over. 1740 to 1750 to be referred. Report of committees 1751 has been taken care of. Report of committee 1776 by law and licensing recommending grant in beverage operators license number 7667 with a warning letter sent to include all violations on future applications. Vice President Borne. Thank you, Your Honor. I move that the report of committee be put upon its passage. Second. Motion is second. Under discussion. Under discussion. Ms. Cesar appeared before our committee last Tuesday night and there was some misunderstanding and her original notices to appear but she finally appeared and the committee is fine with granting the license with a warning. Thank you. Any further discussion? There is none. All in favor say aye. Aye. Any opposed? Motion carries. Ordinances introduced 10 753. Lies over. 1754 to be referred. Matter over 11. 1625. We're going to hold for 1640. 1640. Resolution number 1490708 by Alderman Hanna. Borne, Clayunas, and Gisha authorizing the purchasing agent to enter into contract for a tax exam governmental lease purchase agreement. President Hanna. Thank you, Mr. Mayor. I would move to accept and file 1625 and put resolution number 1490708 upon his passage. Motion in second. The accepting file would also include 1640. Yes it would. Okay. Under discussion. They're being on. Please call the roll. Clayunas. Aye. Manny. Aye. Meyer. Aye. Montemayor. Aye. Rindflash. Aye. Ryan. Liel. Aye. Verhasel. Aye. Wangeman. No. Boren. Aye. Gisha. Aye. Hannah. Aye. Heidemann. Aye. and Kittleson. Aye. 14 Ayes. 1 No. Motion carries 1638. Resolution number 1470708 by Alderman Boren authorizing disbursement of the city of Sheboygan's 2007 Community Development Block Grant funds for the 25th entitlement period to various recipients to promote economic development, create jobs, aid minority groups, develop and upgrade housing, and assist low and moderate income people. Vice President Borne. Thank you, Your Honor. Your Honor, could I take 1639 along with us because I believe there are similar documents? Please do. I'd make a motion to put resolution 1638 and resolution number 1639 upon their passage. Is there a second? Second. Under discussion. Alderman Giesha. Thank you, Your Honor. I need to abstain from the vote on 1638 and 39 because I'm a board member of Partners for Community Development. Thank you. Alderman Hanna. I mean President Hanna. Thank you, Mr. Mayor. I will also abstain because I'm a board member of Partners for Community Development. Thank you. President Hanna. Alderman Clowness. I guess I should say I abstain because I work at Salvation Army. This thing may not pass tonight. I don't know. Anybody else wants to abstain? I'm just teasing. We have 1639 to be put upon their passage. Alderman, I've requested to abstain. Please call the roll. Manny. Mayer. Mayer. Montemayor. Mayer. Rindflash. Mayer. Ryan. Mayer. Smith. Vanderweel. Thank you. Verhaselt. Morin. Boran. Aye. Gisha. Abstain. Hanna. Aye. Heidemann. Aye. Kittleson. Aye. Clowness. Abstain. 11 ayes, four abstentions. Motion carries. 1641, Resolution Number 150708. By Alderman Hanna, Boran, Gisha and Clowness. Revising the travel expense guidelines adopted by Resolution 647879 is revised to require receipts for all meal allowances effective January 1st, 2008. President Hanna. Thank you, Mr. Mayor. I move that the resolution number 150708 be put upon its passage. Motion in second. Under discussion. There is none. Please call the roll. Mayor. Montemayor. Rinflesche. Ryan. Smith. Vanderweel. For Hassel. Wongamon. Bourne. Gisha. Hanna. Heidemann. Kittelsen. Clioness. And Manny. 15 eyes. Motion carries. Attorney McLean. Thank you, Your Honor. Just a comment going back to 1638 and 39. Worked out all right. But 1639 is a transfer of funds requires a two-thirds vote, which is 11. When everybody started abstaining, I got very nervous that we weren't going to get two-thirds, which is 11, but fortunately we did. Perhaps in the future on these CDBG things where there's all these potential conflicts, we might want to request division of the question so that you can vote on separate ones so that we don't run into the possible problem where you don't get a two-thirds vote. Thank you, Attorney. You can also request the council the potential conflict of interest as it probably isn't any, but you're trying to remove any semblance of impropriety or conflict of interest. You can simply ask the council to waive that. That way you put yourself back into a voting capacity and get these things done. Okay. Thank you, Attorney McLean. Resolution 1642. Resolution number 151. 0708 by Alderman Hanna. Boren, Gisha, and Clayunas authorizing a transfer of appropriations in the 2007 budget established in revenue and appropriations for contributions received from the Friends of the Senior Center for Computer Equipment. Contribution from East Sheboygan Chapter of Triven Financial for Lutherans for Joint Hands Day. Rental fee from Sheboygan Era School District for Wildwood Park Electricity. Contribution from Town and Country Garden Club for Landscaping Supplies. Contribution from Wisconsin Association of Homes and Services for the Aging for Police Tactical Team Equipment and Recita Funds from a Drug Enforcement Agency. Seizure. President Hanna. Thank you, Mr. Mayor. We need to correct the spelling of thriving but I move that the resolution 151. 0708 be put upon its passage. Second. Motion in second. Under discussion. There is none. Please call the roll. Montemayor. Aye. Rindflash. Aye. Ryan. Aye. Smith. Aye. Vanderweal. Aye. Verhasselt. Aye. Wonderman. Aye. Boren. Aye. Gisha. Aye. Hanna. Aye. Heidemann. Aye. Kittleson. Aye. Clayunas. Aye. Manny. Aye. And Meyer. Aye. 15 Ayes. Motion carries. 1651. General Ordnance number 660708 by Alderman Vanderweal, Kittleson and Smith relating to no parking zones so as to add a no parking at 8 a.m. to 4 p.m. zone along the north side of Martin Avenue from the west curb line of north 15th Street to a 0.67 feet west thereof. Alderman Vanderweal. Thank you and I move to put the General Ordnance upon its passage. Second. Motion in second. Under discussion. There is none. Please call the roll. Rindflash. Aye. Ryan. Aye. Smith. Aye. Vanderweal. Aye. Verhasselt. Aye. Wonderman. Aye. Boren. Aye. Gisha. Aye. Hanna. Aye. Heidemann. Aye. Kittleson. Aye. Clayunas. Aye. Manny. Aye. Meyer. Aye. And Montemayor. Aye. 15 Ayes. Motion carries. 1651. 52. General for 6708 by Alderman Montemayor, Meyer, Gisha, Heidemann and Verhasselt amending the municipal code so as to create step four in the pay scale of the position of part-time transcriptionist data entry clerk Meg unit in the police department criminal investigation division table of organization. Alderman Montemayor. Thank you Your Honor. I move that the ordinance be put upon its passage. Second. Motion in second. Under discussion. There being none, please call the roll. Ryan. Aye. Smith. Aye. Vanderweal. Aye. Verhasselt. Aye. Wonderman. Aye. Boren. Aye. Gisha. Aye. Hanna. Aye. Heidemann. Aye. Kittleson. Aye. Clayunas. Aye. Manny. Aye. Meyer. Aye. Montemayor. Aye. And Rindflash. Aye. 15 Ayes. Motion carries. 1653. General Ordinance. General Ordinance number 68, 0708. Alderman Verhasselt, Montemayor, Heidemann, Gisha and Meyer amending the municipal code so as to delete and add positions in the police department's table of organization. Alderman Montemayor. Thank you Your Honor. Or Alderman Verhasselt. I make a motion that general ordinance be put upon its passage. Motion in second. Under discussion. President Hanna. Thank you. I do want to commend the committee for its hard work on this and as soon as we can get a new organization table out to the Alderman it would be great on the police department because I get questions all the time. Thank you. You bet. I sure will. Any further discussion? There being none please call the roll. Smith. Aye. Vanderweal. Aye. Verhasselt. Aye. Wonderman. Aye. Boren. Aye. Gisha. Aye. Hanna. Aye. Heidemann. Aye. Kittleson. Aye. Clayunas. Aye. Manny. Meyer. Montemayor. Aye. Rindfleisch. Aye. And Ryan. 15 ayes. Motion carries. Where's this one? It's going to finance. Attorney McLean. Other matters authorized by law. Attorney McLean. I'm sorry. Other matters. Hold on. Other matters authorized by law. 1755 is being referred to finance. 1756 is being referred to city plan commission. We have a few more other matters and when those are done please hold and take motions to adjourn you. Attorney McLean. I hope it's the same stack that you've got. 1757 is an arrow by the deputy finance director treasurer submitting trial balance of the city for the period ending October 31 2007. That will be referred to finance. 1758 is an arrow by the city clerk submitting various license applications for the period ending June 30 2008 and June 30 2009. That goes to law and licensing. Excuse me. Hold on. Okay. Okay. 1759 is communication from John and Shirley Vertasic stating their upset with Alderman Meyer's behavior towards Alderman Ryan encouraging the council to censor Alderman Meyer and remove her as chairperson the committee of the whole. That will lie over because the matter has been taken care of. We can't act on it tonight. So I'll have it lie over. We can file that next time around. 1760 is an arrow by the deputy finance director treasurer reporting the attached list of vouchers been audited by the deputy finance director and paid during October 2007. That lies over also. 1761 is an ordinance relating to traffic signs and signals to add stop signs for both north south and east west traffic at north 7th street and center Avenue. And that lies over. Thank you very much during McLean Alderman Vanderbilt. You wish to speak sir. Thank you honor. I just wanted to make a statement after six years I've decided to take some time off as Alderman and find out what the next stage of my life will have in store for me. It was a difficult decision not to run again because I've enjoyed my years serving the people of Sheboygan as their alderman. Through my life I've always known when to move on to a different venture. Simply if I'm more bad days than good days and it's time to find something new. This said I assure everyone that the recent events that have occurred on this council have nothing to do with my decision. Everyone up here is up here to do the right thing and they're all good people. Thank you. Thank you. I think Alderman Vanderbilt deserves a round of applause. And we also have Alderman Manny as file papers. You deserve a round of applause too sir. It's been very interesting years. Alderman Vanderbilt and now Alderman Manny started when I was an Alderman too. We've grown through the process. I want to thank you for all the hard work that you've done and wish you the best in future endeavors. Need a motion to adjourn? Second. All in favor. Aye. Stand adjourned.