 Good evening everyone. We are going to start this meeting before we start the meeting. We always ask our city clerk to read the quote of the week. Thank you mayor. Integrity is telling myself the truth and honesty is telling the truth to other people. Thank you madam city clerk. Call the 20th meeting of regular 20th regular meeting of the common council to order. Please call the roll. Born. Here. Bowk. Here. Decker. Here. Gisha. Here. Hanna. Here. Heidemann. Excuse. Kittlesen. Excuse. Clayunas. Here. Meyer. Here. Montemayor. Here. Rinflaich. Here. Ryan. Here. Suric. Here. Vanderweal. Here. Verhastelt. Here. And Wangeman. Here. 14 present. Qualms present. This time I'd ask everyone rise for a Pledge of Allegiance and Troop 804 will lead us. Come on in. Gentlemen. Here we go. Who's going to do the pledge? Who's going to do it? Why don't you come here? You can use my microphone. 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. Thank you, Troop 804. Appreciate it. Thank you very much. Have a good night. Next item on the agenda is the approval of the minutes. President Ham. Thank you, Mr. Mayor. I'd make a motion to approve the minutes. Second. Motion in second. Under discussion. There is none. All in favor say aye. Aye. Any opposed? Motion carries. Minutes stand approved. Resignations turn them clean. Thank you, Your Honor. There's a resignation from the Wellness Committee by Officer Bill Adams. Now he has to motion to accept and file. Thank you, Mr. Mayor. I'd make a motion to accept and file the resignation. Second. Motion in second. Under discussion. There is none. All in favor say aye. Aye. Any opposed? Motion carries. Resignation accepted. And a resignation from Joanne Decker, President of the Local 1564 City Hall Workers, advising she's stepping down from the Group Health Insurance Committee and recommends Tracy Houlton take her place. Any motion to accept and file? President Ham. Thank you, Mr. Mayor. I'd make a motion to accept and file the resignation. Second. Motion in second. To accept and file. Under discussion. There be a none. All in favor say aye. Aye. Any opposed? Motion carries. And there are two letters from Andrew Hopp advising that he's resigning as a member of the Board of Contractors, examiners, and the Architectural Review Board, both effective immediately. One of the requirements for the position, for holding the position in these committees is that the person be a licensed contractor. Mr. Hopp has informed me that he will no longer be a licensed contractor. So this is why you reside. Any motion to accept and file both? President Ham. Thank you, Mr. Mayor. I'd make a motion to accept and file both resignations. Second. Motion in second. Under discussion. There is none. All in favor say aye. Aye. Any opposed? Motion carries. Resignation accepted. I hereby submit the following appointment for your confirmation. Rebecca Tellin to be considered for appointment to the Wellness Committee to fill the unexpired term of William Adams whose term expires 430-09 signed by the Mayor. This slice over. This appointment is made pursuant to Mr. Adams at our recommendation. And Tracy Holton to be considered for appointment to the Group Health Insurance Committee to fill the unexpired term of Joanne Decker whose term expires 430-09 signed by the Mayor. Thank you. This slice over too. This appointment is made pursuant to the recommendation of the person vacating the committee position. And there are a number of appointments to the Business Improvement District. Cleo Messner, Randy Schwerer, Caitlyn Brotz, Greg Herring, Don Seifert, and Kim Conway all to expire 9-11-2011 signed by the Mayor. These appointments lie over and are made pursuant to the recommendation of Dick Meyer, manager of the bid. Thank you, Attorney McLean. Next item on the agenda is public forum. Madam City Clerk. Thank you, Mayor. The Mayor is allowing me just a couple of minutes before we start public forum just so that the public is aware of how we handle public forum through what I call the election cycle. The election cycle is going on right now for the primary elections and the spring elections this year. And we have the public calling in to speak on public forum, which is very important. However, what we do during this time is in my office, when you do call in for public forum, we will suggest to you that it would not be appropriate for you to do any sort of campaigning, either direct or indirect. Reason being we have 11 people that are running for different offices during this cycle. And if one candidate perhaps gets up and does some campaigning, either direct or indirect, then all 11 candidates have the right to get up and do their five minutes of direct or indirect campaigning. So my staff and myself feel that it's important that we just let the public know during this time that if you could keep your comments and things, we're not restricting what you say but not using candidates' names. And I think everybody knows, they know the procedure, but we just want to let you know ahead of time that that's how we are handling it during this cycle. So just so you're all aware, we welcome you calling in and signing up, but we would ask that you follow those guidelines that we're offering. And if there are any questions, just give me a call at my office. And the three people speaking tonight were very gracious and understand this and will all the people coming forward will continue to follow these guidelines. Thank you for letting me speak. First on the list would be Henry Capitulo. Henry, can I get your home address please? Yes, that's 1619 North 38th Street. That's Town of Sheboygan. And you will have five minutes, sir. Okay. The new century dictionary defines openness as the state of quality of being open in any sense, often absence of concealment or reserve. For example, I will answer him as clearly as I am able and with great openness. It defines open-minded as having or showing a mind open or accessible to new arguments or ideas. For example, as the committee sit open-mindedly, listened with laudable impartiality. How do you think these two definitions apply to this administration? Do you think that the administration has been open and candid with information to the people of Sheboygan when it pertains to how it governs? Is this administration accessible to new arguments or ideas? My observation on the openness and transparency of this administration is that it seems to pick and choose when it wants to be open and readily disseminate information to the general public on pending issues. How many times has some important issue come before this council and been voted on with very minimal disclosure, discussion or disclosure? I have sat in this council chambers and have heard such comments as, This is the first time I have seen this document. It was just added to my package tonight. How can we expect to vote on this document tonight? I do not feel I have enough information about this issue. We should take time to review this document and it should be sent back to the committee or committee of the whole. Why do we have to vote on this tonight? Why can't it be held over for the next council meeting so we can get more information and make a more informed decision? Why has this administration been so secretive and selective on who is given information about various things that are to come before this council? I think that the number was one reason is control of information. This administration has continuously wanted to absolutely control what comes before this council. By not providing full disclosure and limiting access to information on various items that come before the council, it limits discussions on issues. It is my perception that some older persons may even feel uncomfortable opposing what is being proposed because of their lack of information on what is being proposed. Another tactic of this administration, whether it is planned or it is not, is to make older persons look to see as if they are basically not aware of the information that is in front of them. And in doing so keeps them from speaking out. By doing this, they limit the opposition argument and also deter other council members from opposing their opposing viewpoint. By trying to control everything that this administration has lost a substantial amount of support from the general public and other city officials and other elected officials. Another tactic of this administration is to try to crush its opposition to whatever it wants to accomplish. I do not know how many times I have heard from numerous individuals that say that they are literally afraid of this administration and what they will do if they speak out. I heard from one alderman who said that some person would not put a yard sign out in their lawn because of what this administration would do to them for supporting that candidate. I also heard from another individual who was a candidate that said that he was surprised that so many people said that they would support him and would even vote for him, but would not do it publicly because of what retaliation this administration would take. Why is that so many people in the community feel threatened to speak publicly about this administration? Is it simple when you see how it has handled its critics? Look at how he labeled the individuals who wanted to recall him as racist and bigots. Look at how he has treated the police department over his administration. Look at how he handled Ms. Jenny Resling. The individual had a link to the police department and who is now suing the city of Sheboygan and some other city officials. Look at how he handled the issue of the bar owner on Indiana Avenue and apparently he is looking at legal action against the city also. Look at how he has treated our organization and me personally being gaveled at a council meeting for a long time responding to my comments at the public forum. Look at how many city department heads have left the city over this administration's tenure. Look at how he viewed the former talk show host Nick Reed who lost his job at WHBL. I think people should be able to speak publicly. Excuse me, Henry, would you like your additional minute? Yes. Go ahead. I think people should be able to speak publicly and even criticize this administration without fear of any retaliation. What a sad state of affairs when individuals cannot speak out in this great land that it calls the home of the free and one of its main foundations is the Bill of Rights that professes to protect individual rights. How many brave Americans have died for our freedoms? Please do not be afraid to speak out and voice your concerns and opinions by staying silent. You empower this type of negative behavior. Thank you very much. Thank you, Mr. Mayor. Despite the warning, perhaps, I think that was pretty clear a political commentary. And I think that, therefore, with the warning said, we do need to allow those parties involved in that mirror race to respond if they so desire. It is a very delicate situation for me because I am running for reelection and there is talk into community that these kinds of tactics are going to be used against me to try to get me to react. I will not react. Again, I've said it before and I'll say it again. Anybody can get up here and say anything they want, whether it's true or not. Saying it does not make it true. It never has. It never will. I will not be tricked into reacting to this type of political trickery. Alderman Rinslice, thank you for pointing that out. I appreciate it. It's very neutral. Alderman Riley. Thank you, Mr. Mayor. I just would like to say I am also a candidate for mayor and that Mr. Capitello's comments are his own and have nothing to do with myself or any of my supporters. Thank you. Thank you. Next. Richard Hartman. Richard, can I get your home address, please? 2423 North 24th Street. And you will have five minutes, sir. One is enough, I think. Go for it. Buzzwords and catchphrases are dime a dozen and seldom do any of them survive these fast changing times. One exception is micromanaging. The term micromanaging is generally applied when a private citizen shows interest, forms an opinion and speaks out on an issue that an appointed or elected official appears to have mishandled or ignored completely. Micromanaging is often thought of as meddling, but the fact that there are so many committees formed to handle the city's business disproves that idea. Committees are a form of micromanaging and they work, but only if the members of that committee actively participate. On tonight's agenda, you will address an issue that appears to have been badly mishandled. According to the Sheboygan Press, the filling of the position of temporary mayoral administrative officer has a number of flaws. And upon careful reading of that January 16th Press article, a few more questions arise that are not clearly defined, but demand answers as well. I urge all of you to get involved in this issue, not just a few of you who have come forward to question these practices that cannot continue if city government is to expect any degree of respectability. Thank you. Thank you. And last on the list will be Tom Bowers. Tom, could I have your home address, please? 2120 North 36th Street. And you will have five minutes, sir. Thank you. Thank you for allowing me to address you tonight. This was just brought to my attention within the last two or three days. Tonight you will be, I believe, voting on and your consent agenda. 20.4 and then after coming to the meeting I see 20-7. This is in reference to the property in 926 Broughton Drive. I urge you to postpone this until further study can be done. This property was originally assessed, or not assessed, but was for sale for $350,000. The city is proposing a sale for $160,000. When I looked at the city budget, the budget allocated $350,000 in the budget. Where is this $190,000 going to come from? If we sell this property. It's also proposed, I believe it will have to be rezoned from its current zoning. And the rezoning would be for a restaurant. Sheboygan does not need another restaurant. We don't need another bar. We don't need any more real estate agents. And we don't need any more insurance agents. Therefore, the neighbors also have indicated that they are against this property being rezoned. I have yet talked to anyone down there that is for this. Granted, I've only talked to three or four people, but no one wants this changed. Now, if this could be taken out of, in some discussion on this tonight, I would like some answers as to, first of all, where the $190,000 is going to come from. With this in mind, I urge you to take time and take this back to committee and look at it once again. Thank you. Thank you, Tom. And that's it. That's it? That's it. Thank you very much to all the people who addressed the council tonight. Next item on the agenda is the consent agenda. Item 20-1 through 20-21. Thank you, Mr. Mayor. First, I would move that all ROs be accepted and placed on file. And all RCs be accepted and adopted. Second. Motion and second. Under discussion. All in favor. Thank you. No separate vote this time. Just a question regarding 20-4. If those answer the questions that was posed recently by Mr. Tom Bowers could be answered regarding the budget. I guess for the question, I would like to ask the committee regarding the sale of the property would be if we don't sell it for, we have, where would we get the $350,000 instead of the $190,000 then as well. So if someone from finance can answer that question, please. Thank you. Thank you. Go ahead. And please, Mayor Crickby, if I'm wrong on this, but the $350,000 was for a number of properties, not just the one. So it may sell sale property, but it makes up several different parcels the city is in the process of selling. And to add to that, I believe everyone knows what the real estate market is. There weren't a lot of people interested in anything right now. And even if they were, the banks aren't interested in talking to you. It's a very tough time. Paulette Anders and her team exercised good judgment and good thinking in this whole process. This is something that did not occur in a week. It took several months to work through. Thank you, Alderman Gysher. We're pointing that out. Appreciate that. Alderman Bowers. Thank you, Mr. Mayor. And I'm going to add to that that also, shoot, I lost my thought, two properties. It was a little red schoolhouse and this one. Oh, and the cash inflow was expected to be in 2008. So his question about how we're going to solve that in the 2009 budget, it's already done. We solved it in the 2008 budget. So this will be unexpected inflow for 2009. Excellent point. Thank you, Alderman Bowers. Any other discussion on four? Alderman Riffles? Okay. Thank you. We will call the roll. Boren? Aye. Excuse me. Bauch? Aye. Decker? Aye. Gysher? Aye. Hanna? Aye. Clayunas? Aye. Meyer? Aye. Montemayor? Aye. Rindfleisch? Aye. Ryan? Aye. Zurich? Aye. Vanderweel? Aye. Verhasselt? Aye. It's the 1024 by the City Attorney stating that the prospective purchaser of lap 39 in the City's Northfield Meadow subdivision is withdrawing his offer as he has found a new home on the south side to purchase and advises that the council file resolution number 1810809 and not accept the purchase and sell agreement. Alderman Montemayor? Thank you, Your Honor. I move that agenda item number 24 be accepted and filed, and agenda item number 2025 be filed. Is there a second? Second. Under discussion. I believe we talked about this last time and everybody should. This will require a voice vote. All in favor say aye. Aye. Any opposed? Motion carries. 2026 through 2039 to 2039, I'm sorry. To be referred. Resolutions introduced three, 2040 by Alderman Montemayor, providing for the hiring of nine police officers under the hiring freeze. Alderman Montemayor. Thank you, Your Honor. I move the resolution be put upon its passage. Motion and second. Under discussion. There is none. Please call, I'm sorry. Alderman McFly. Again, just for the public's sake, if we could discuss under the hiring freeze why we're hiring nine officers just for the public. I had questions regarding this one. So if they could explain that please. President Hanna. Thank you, Mr. Mayor. The nine officers are part of the early retirement package that we work through the police department. The senior officers in the police department came forward with a plan that allowed us to redistribute resources and put more officers on the street. Okay. Any other discussion? There being none, please call the roll. Boke. Aye. Decker. Aye. Gisha. Aye. Hanna. Aye. Clowness. Aye. Meyer. Aye. Montemayor. Aye. Rindfleisch. Aye. Ryan. Aye. Sirk. Aye. Vanderweal. Aye. Verhasselt. Aye. Wongerman. Aye. And Boren. Aye. 14 Ayes. Dora Administrative Officer to continue employment until a human resources director is hired and working at the city, Aulerman Montemayor. Thank you, Your Honor. I move that the resolution be put upon its passage. Is there a second? Second. Motion and second under discussion. Aulerman Ryan. Thank you, Mr. Mayor. I am not for this resolution. First thing I would like to do is propose an amendment. The third whereas down whereas the council and the Sheboygan County Board of Supervisors were considering merging the two HR offices Offices under the county's umbrella and the next whereas The county notified the council late September that they would not be able to accommodate the merger of the two HR departments I would like to eliminate that language from the resolution it seems to me that in order to Keep on a friendly basis with our friends at the county this this situation tonight has nothing to do with the county and therefore, I propose that I That I make an amendment that we remove that language from it any motion over one. I make that motion Is there a second second under discussion on the amendment only open bout on the amendment sir. No, I'll hold the light for you Any other discussion? There is none. Please call roll Decker Yesha Hanna Plainess Meier Montemay or Rindflash Ryan Sirreq van der wheel for hassled Wongamon Born and bulk 13 eyes one no motion carries old man Ryan in a motion to Put the resolution upon his passage as amended Your second second under discussion all about thank you, your honor I'm gonna urge my colleagues to vote no on this tonight for lots and lots of reasons I'm sure we're gonna have a good discussion about this Primarily what this comes down to is a fact that this person it was the will of this council a few months ago to hire This person to assist the office of the mayor When interim director Susan Hart was needed more full-time more for efforts needed in in HR It was the express will of this body that this person be hired for 600 hours For the express reason as we discussed on this floor With everybody here that to not have to pay benefits and not have to pay Wisconsin retirement fund It was a schedule X if you recall and under schedule X The purpose of that was to get the office of the mayor some help for 600 hours and not to exceed that well for various reasons Some processes were missed and some mistakes were made and we've been assured that the people who made those mistakes have been Have been punished appropriately by the office of the mayor. We've been made that assurance So given that what it boils down to for the citizenry is The office of the mayor Received 900 hours of help from this person who by all reports this city employee Did a very very good job. This is not about that city employee. What's however, it's about the fact for me anyway And hopefully for you it is about the fact that as Legislators we get to vote on the rules and then as department heads They're supposed to follow the rules and this department had allowed this employee to work 50 percent more hours 300 more hours then what this council Approved and as Alderman Gisha said in his his quote in the paper if all department heads did that we'd have budget chaos and so As I understand it we may be close to getting getting a full-time HR person and even if we're not it doesn't matter for me. I think it's time to To vote no on this tonight. Thank you your honor Thank you on the boat President oh, thank you, mr. Mayor I Went back and reviewed The sour ingredients meeting where this was discussed and it was clear from the Alderman that were there That when this employee got close to 600 hours We were supposed to be talked to and that didn't happen So I do I share all them about concerns that we had a We had a communication breakdown and that's just unfortunate Thank you your honor, I agree that the mayoral assistant worked more hours than we had originally authorized At the salary agreements meeting when we authorized the 600 hours We also did say the words that when we got close to the 600 we would need to bring it back to council again To increase the hours not necessarily that you would do it, but we bring it back to council That did not happen. However, the work is still continuing and It may continue for another three weeks or a month and a half and I think We still need to have all of that work completed and I definitely will support continuing with the mayoral assistant until the HR director is hired and The former mayoral assistant is back upstairs doing the mayoral assistant job That work is not going to disappear simply cut because we say You we're not going to pay for it Thank you, Alderman vice president Ford Thank you, your honor first of all We shouldn't even have we should not even have to be dealing with this with this document tonight If the procedures would have been handled correctly And I guess the straw that broke the camel's back as far as this whole issue with me was the document that went from HR down to The finance committee Requesting that the employee be given Wisconsin retirement, which was necessary because the employee went over 600 hours also on that document was a request to give that employee health insurance and I find it very hard to believe that that was a clerical error as it said in the paper And I give the employee in the finance department Nancy bus a lot of credit for not signing on and doing the right thing in this matter So I don't like I don't like that any of this happened and we should not even be dealing with this tonight. Thank you Old man for hassle. Thank you, your honor You know, I just wanted to point out my name is on the document here But obviously was drafted after the committee decision. I did support it in committee I'll point out that my support was paper thin on this. I do disagree with the language That's put on this document. I don't think there is a good reason to support the decision Other than what it came down to me personally was and I felt like we were punishing the wrong person for what happened We're punishing an employee for something that one of our city employees one of our department heads a mistake that they had made So it came down to me To something as simple as that again my support on this is paper thin and I'm I'm curious to hear more discussion on it Thank you, your honor Yeah, I'm curious to have here's some more discussion on this too like Alderman born I'm not particularly pleased to we're addressing this tonight. This is an administrative matter That should have been handled properly by the department head by the department When Alderman suric brought in the letter stating that the employment offer said 600 hours No benefits and suddenly we're at 925 hours. I was shocking to me Just absolutely shocking particularly because I was at that salary and grievance meeting a while back where this was discussed I actually reviewed that meeting today with with a couple of Alderman and And it just reinstated to me that the message was clear It was clearly understood by HR. It was clearly understood by salary and grievance And I believe it was clearly understood by the mayor's office because meetings took place regarding this issue So I'm voting no on this issue and it's not because of the money. Usually I get involved with money things It's not because of the money We hired a specific person for a specific amount of time for a specific amount of money with no benefits all that went in the trash so We're the authority here with a sole authority for the citizens of Sheboygan They entrust us that our authority will then be respected in this case I think the citizens were Disrespected because our authority was not followed and I think there has to be consequences to that and the consequences are that No administrative assistant Job has to be done some way then somebody's gonna have to figure a way to do it if and Without consequences we have no teeth. So I urge my colleagues to vote no on this Kim any more says as a Confirmation to Alderman Bowck's comment that the that I've handled this administratively and Appropriately your corrector Also, I conduct my third and final interview On Wednesday for the HR position There's three very good qualified capable candidates I will be making a decision on one of them Friday and that person will be notified Friday And it will come as an appointment for confirmation to the council on the first Monday of February Okay Thanks, thank you, Mr. Mayor Just one more comment for all the person for hassle as he struggles with what's the right thing to do as far as punishing people and this employee I Struggled with that myself and where I kind of came down was this this person was hired their offer letter said 600 hours So they could have you know planned ahead for 600 hours worth of employment and they were allowed to continue on Perhaps through misguidance from their their coach their department had But they were allowed to continue on for 300 more hours, so they got 50 percent more hours and they expected so again It's unfortunate is for that person. I kind of come down on the side of Not feeling so badly about that because I got 50 percent more hiring and a small payment to the Wisconsin retirement fund as well So I don't think we're punishing that person as we shouldn't we shouldn't punish that person So I think that it should be very clear that by saying no to this That this employment ends tonight that this this this employment this program ends tonight it doesn't continue to tomorrow and And that's what I've got. That's my thinking on that for you Second time Thank you, Your Honor I guess I have a question proudly enough for the HR director on this and in the question being is how might this play out if If the council votes tonight to eliminate this position Obviously you still have the need I appreciate the fact that you say you may have somebody hired within a few weeks But based on experience there could be a refusal of the job offer This could be another two to four months For some scenario, how might this play out? Will we be looking to fill this position immediately? I? Don't think that there's going to be an indeed to fill the position I believe I feel pretty good about three candidates that are coming at which point Susan Hart will come up to the mural assistant position where she was originally In the meantime I administratively I will handle the channeling of calls and and so forth So the plan would be to leave it vacant for the time being absolutely Alderman Gisha second time. Thank you, Your Honor Well, and it's it's great input and thank you However, if the council votes no on this you don't have a choice you have to leave it vacant Yes, it's the council's decision. I guess I'm trying to bring it back to to where the issue is and the issue is The council's previous decision and now tonight the council's decision And people might not understand a schedule X employee is a part time We use them for for janitorial services a lawn mowing raking things like that this and then when you reach six hundred hours under statute under state Statute and I believe our portion of our municipal code The city must then start to pay in Wisconsin retirement fund So it inflates a salary of twenty seven dollars and seventeen cents an hour fifteen cents an hour By about eleven percent So if people don't understand why this was important Every hour after every minute after hour six hundred we start paying and just because a new year starts We keep paying once you're in the Wisconsin retirement fund You're in The other point of concern with me is and I'm having a hard time understanding it. I'll be real honest with you We we hired a code enforcer last summer under the same premise six hundred hours. No benefits Six hundred hours came and went he went He went why is that different what broke down and what was What was the issue with this not being handled the same way? We just handled another employee this way and And fifty percent plus I believe at this point. It's probably over a thousand hours Because it was 925 at the January 2nd So it's probably close to a thousand hours, and it's just it's very curious to me that That one is handled one way and one is handled another and it's disturbing And hopefully at some point we'll have an answer to that Well, he's present born Thank you, your honor Your honor, I would have had no problem had this employee been let go just short of six hundred hours I understand you have a heavy workload I would have supported you hiring another schedule ex-employee to replace the one that unfortunately you had to lay off because it's 600 hours are up, and I don't think at twenty seven dollars and fifteen cents an hour You would have had trouble finding it finding a Replacement in fact in this economy you probably would have had him lined up outside the HR office and down the street So I would have supported another schedule ex-employee for you Without a question because I know the workload is there, but I just object To this person working over 900 hours. Thank you Okay On the motion The motion was to put the resolution upon its passage for a discussion open Ryan Caller as amended we're taking out those two warehouses. So and I vote Okay, and I vote would be to pass the resolution as amended which would say yes to that but taking out those two warehouses Keeping the temporary person Okay Gisha no Hannah Clowness myer Montemay or Rindflash Ryan siric Vanderwheel for hassled Wongamon Boran no bulk Decker Two eyes 12 nose motion fails 2042 to be referred Report of committee for 2043 by salary and grievances Recommended in establishing the annual salary for Tim irick while serving as acting police chief and passing the attached resolution All my month of my own I move that the Resolution or ordinance Rather resolution be put upon its passage at the report of committee except in the top with the resolution. Yes, please Okay second The motion was to accept and adopt the report of committee and put the resolution upon its passage any discussion Thank you, I jumped got a quick just a quick question normally when somebody's in that position. It's an 8% When you're in an interim position, it's an 8% salary increase. Is that accurate with this? Is this 8% over his current salary? I'm not sure That's by that's that's that's how all other interims Can I ask Susan Hart to come up, please? Please. Thank you No, it is not 8% we no longer have a pay plan and So what we did is we looked at the highest pay of the highest paid captain On the force and then took it up about 4% Thanks Thank you Just to clarify the That section of code is still in in place and I believe it talks about acting Positions and it does talk about 8% that's not that was not in the non rep pay plan So in all negation, would you like to amend make that amendment to okay? Thank you, and I appreciate Steve McLean attorney McLean's clarifying it because we want to try to do things by the book and that would be I'm wondering if we shouldn't send this back to salary and grievance Rather than just doing the 8% now and they could do an ordinance change of salary and grievance as interest If I can make a motion to refer back to salary and grievance motion second to refer back and under discussion I would like to tell chief Eric It'll be fine. Don't work it out You still have a paycheck Okay, any discussion on referral back to seller agreements or in favor say aye Any opposed? motion carries Report of committee 6 by public protection and safety Recommending forward in document to the Common Council with no recommendations regarding the communication from all among the mayor requesting the removal of The no parking restriction on the west side of Broden Drive from Ontario Avenue to public alley south is that for passage? Pardon me is that for passage Well, it's they came with no recommendation. So So I can put it out for passage then you put off passage file, whatever you'd like to do. Yes, I would like to Put this This report of committee on for passage second motion is to accept and adopt the report committee any discussion on that All the rain question. Thank you just for clarification actually in terms of the action we're taking here putting one as passion to report a committee which says no recommendation Correct me if I'm wrong those scenes that it's goes away if we actually want to take action out We have to make a motion Concurrent with the report of committee to actually do something if I may ask to the term McLean if that's correct trying to clean I Read the committee's recommendation as making no recommendation and smitting it back to the council apparently they couldn't decide in committee and I Would assume they're looking for the council to make the decision without any recommendation from the committee. I don't know where Our oh 340 809 is if that's attached to this committee report or not. Yes, it is. Okay So I think you could act on that R. Oh In light of the fact that you don't have a recommendation from the committee Okay, so the motion is to accept and adopt 2044 Please go rule. Oh, I'm sorry Then I would make the I guess Concurrents a motion with that to accept an adopted for the committee as to also Put the the RO number 340 809 which would be to grant permission Upon his passage. Okay, instead of making them separate motion. You want to do that as front of amendment to your Okay, and the second was to it. Okay. Now we got it both both areas or both laws are covered Any more discussion Please go roll Hannah Clowness Meijer Montemay or Rinfleshe Ryan Siric van der wheel for hassle Wongamon Bourne Bulk Decker and Geshe 14 eyes motion carries report of committee 7 2045 by law and licensing Recommending the nine taxi cab drivers license application number 8118 based on the applicant's failure to include all relevant convictions On the application and based on the applicant's multiple convictions related to the license activity Vice-president Bourne. Thank you, Your Honor. I move that the report of committee be accepted and adopted Motion and second under discussion under discussion. Your Honor is Sam Samuels. So wall here tonight It's not here your honor very well, please proceed Mr. So wall appeared before the committee on January 13th Mr.. So wall recently got his driver's license back after numerous traffic conviction convictions in 2007 and Based based on the fact that we weren't comfortable with him just getting his license back We advised him to reapply in a year if he can maintain a clean driving record and stay out of trouble for at least a year So we decided unanimously not to grant the taxi-crab driver's license at this time. Thank you very much Any other discussion? There is none, please call roll clay unis meyer montemayor Rinfelsh Ryan Excuse me. Thank you sir. I van der wheel for hassled wongamon boran Bulk Decker Yesha and Hannah 13 eyes one no motion carries report of committee 9 2046 by the committee of the whole Recommending amendment section 2975 of the 1975 municipal code so as to eliminate section 3 7 under B Department of Public Works and recreate section 2-7 under B Department of Public Works and the Department of Public Works table of organization and create job descriptions for the janitor vehicle and Equipment manager building and grounds manager and traffic superintendent the committee further recommends various changes being made in the job Descriptions as outlined All in bulk. Thank you. Mr. Mayor. That's a mouthful to have to read it sure is I would move that the RCB accepted and adopted and that the ordinance be put upon its passage with the four changes that the committee voted on that are Correct in this document motion and second on the discussion There is none please call roll meyer Montemayor Rinfelsh Ryan sirik van der wheel For hassled Wongam and Born no bulk Decker Yesha Hannah Cleanness eight eyes six nose motion carries Organs is introduced 10 2047 and 48 Lies over I'm sorry. Oh, my present board. Thank you, your honor before we lie over Number 2047 I noticed when I was going through the my packet that the job description that's attached to 2047 Under where it says reports to Police patrol shift supervisor is not consistent with what we passed at the committee of the whole so madam city clerk passed out a Corrected updated version of the janitor Grade seven and it should report to as was said on the committee the whole document Reports to patrol shift supervisor for general janitorial supervision and ultimately reports to DPW is building in grounds Manager so you can tear off the job description that is on 2047 and attach the updated version when you vote on it at the next meeting Good point. Thank you President Hanna Thank You mr. Mayor relating to the to the same situation Alderman born was talking about it was my impression that they would be members of the Union at DPW not members of the Union here at City Hall And so we need a clarification that was my understanding was they were going to continue to be in the Union at the DPW And I think the way it's described here. They'll be in the Union at City Hall. Okay, Bill the Point made bill is that the Classification the division of the Union they would belong to would be the one at Public Works not at City Hall and local What 1564 is City Hall? That was discussed several times in committees, and I tried to always clarify There's a difference between placing them under the jurisdiction of an apartment and what Union they're under I'm not sure that we have the ability to Simply decide what Union they go into when those Unions are organized under the appropriate state Organizations that authorize their membership The police janitoral work has always been in what is termed the City Hall Union We have continually advised our unions that they ought to get together and jointly revive resolve that issue Because there are several positions that seem out of whack for the work But I've also always advised them that we need to go ahead and create the jobs for the positions that aren't in the budget And that can be done at any time but the postings as presented to council had the janitors doing the Police station work in the same Unit as the janitors doing the City Hall work I'm hopeful that the two units will get together and kind of make some clarifications, and that's always what I had advised them to do You can buy any more questions for bill okay, I'll stay there bill we have all the issue your next Thank you your honor. I received communication from a from a City Hall 1564 worker and was told that she was told that she couldn't apply for the job that That that's up only available to the other union members, and I think there's some real confusion here That this this lays over your honor or we're we're passing this to me No, it's okay. We could get some of that stuff. I think it's important to clarify that because It doesn't make any sense. I understand that it's a union kind of internal struggle, but We're still the ones who get the heat for it. So maybe we ought to un-struggle it by the next meeting When the council makes this decisions the jobs are posted appropriately, and they have in writing Who has a right to do don't one of the interesting parts of that is The City Hall unit is much more open and much more flexible with regard to hiring Then what is termed the the Public Works Department Union, which is which is more structured in terms of Starting out and work your way up Okay, please please stay there we might Thank you, just to further clarify for me to bill now as it stands right now if this City Hall janitor Would want to apply to be a janitor at the police department as it currently stands this person couldn't bid on that job then the 1564 requires that Their their contract Indicates that all existing employees will be given consideration for the job It's consideration Does not mean they have a right to it by seniority or a right to it by it very specifically says that existing Employees will be given consideration for a job It will be posted and that person certainly has the right to sign up Okay, and be and be considered Thank you your honor I Hold on there's anybody else we got two more lights shining to anybody else like to address bill Okay Please continue stay there If I remember correctly, mr. Bettner our discussion of salary and grievance wasn't union It was table of organization because originally we were going to put the the janitors for the police department in the table of Organization of the police department and then at salary and grievance There was some a lot of discussion about that and it was decided that they would stay in the public works Table of organization, but that didn't have anything to do with the union My organization has every employee in the department including myself Non-unionized people people in both units Are all in the table of organization that doesn't give you a definitive which union they're representing which is another process Okay, next we have all member Hussle. Thank you your honor question now. I guess Department had been or if you could give us your opinion. Do you have a preference or one versus the other does it impact or change? how you operate your department the City Hall Union is a little cheaper Just as long as we we talk about budget a little bit of janitor position I think some of the councilman rightly indicated that keeping the positions under public works gave more more flexibility, but the truth of the matter is that our Public works group has to support the City Hall group a lot more in other words During heavy snows the sidewalks around here are shoveled by public works unit not department So you're going to alleviate you're going to put more people available for snow plowing either way Because right now there's there's not enough employees in the City Hall group So the we have buildings that are open for business in a snowstorm You need to have safe sidewalks you need and we actually supplement that then with people who could be plowing snow So either way you're going to move more capability Which is I think what the alderman we're talking about when they said this you'll move more capability Back at the public works garage for plowing snow by giving the flexibility it talked about But I don't think that is affected strongly by which unit they go into My own opinion is what we hope to have an agreement between the parties, but I think management wise I Would I would be more comfortable arguing that they belong in the City Hall unit other than that the units Just kind of make some sense out of the situation themselves because we have janitors in both units and janitors working side-by-side Okay, thanks. I have second question for attorney McLean. I guess the question was raised Do we do we have the autonomy as a council or the or as a committee to decide which union this position goes into I? Don't I don't think so alderman for answer by the each Each bargaining agreement we recognize that And both parties agree that certain categories of Positions or types of jobs are in one bargaining unit or another To be honest, I haven't looked at the two contracts on the janitors. I know there are some same janitors in the City Hall Union, I don't know whether there are janitors also in the Public Works Union But I don't know it's necessarily Management's decision as to which bargaining unit they're in I Think if there's dispute between the unions then there's probably a unit clarification Action that they can file with the state and the state can make that decision based on what the language is in the various contracts But I'm sorry is it your feeling that it's up to the employee largely speaking To decide which route they want to go I mean would they have the option of saying I don't want to be in one unless it's clear in the collective bargaining agreement that a janitor has to be in this union Then you know, I don't think there's an issue, but if there's some doubt I think it's really between the bargaining units as to which Which unit which bargaining unit a new position goes into so I'm sorry that just Following through on this whole thing then are you saying that the bargaining agreement dictates the table of organization? Within each department. No because that's sort of what I hear you saying No, but I know of having dealt with currently that the unit clarification petition by City Hall employees they're looking to add a number of current non reps into their bargaining unit and You know, so I've looked recently at the language of The what constitutes membership in that union and it's City Hall workers and related Workers in related areas Other than supervisory managerial department heads and so forth as I say I haven't looked at the the language in the public works bargaining agreement as to what it says comprises the universe of Public works employees in the union. So I you know, I don't know if I could say This position goes in one or the other Oldman Gisha Thank you. I'm now. I'm really confused Bill and I hate to elongate this discussion because the document is going to be held over but We sat in this room and talked about the o9 budget by moving saving two jobs Which I was against in DPW and moving them to be positions cleaning at the police station. That isn't the case This is a different union that hasn't worked out. We don't even know if we can do that and you're saying even if those two moved The budget amount would still be necessary because you have to fill the City Hall Slots of two people for instance moved out of City Hall to the new police station But it's better for the taxpayer if the people move out of City Hall and go to the Police station, isn't it? Is it better for the tech taxpayer? You said we it costs us less money to In this union than the editor in the 1564 Makes about a thousand dollars less than a janitor Down at the public works garage that has a history of why because they have the equipment and the heavy cleaning and that type of stuff We have positions available in one unit and Positions being eliminated another unit that is not a transfer between units That's a layoff in one unit and a job available to you in another unit. So if I could follow up, please your honor Thank you. So Theoretically moving pieces on the chessboard. We take two of those pieces out of this building that we're in We shove them over the new police station. Well, ah, we have two openings for this place correct other than the Some of the janitor or some of the cleaners in this position are part-time and are a much lower class pay than the janitors Run me the scenario if you wouldn't mind and then I'll shut up and we can I'll talk about this during the week with you if we have two people in 1564 which is the City Hall known as the City Hall Union Apply because apparently right now. They're the only ones who can apply they have Preferent preference. Let's say For those positions you move two out of here and move more of the police station What happens? Do the two new employees come in as? as as City Hall Union workers because it's gonna be City Hall cleaning jobs And actually that's better for the taxpayers because they think they're gonna pay $1,000 less each So I'm wondering how you move those chess pieces around When I indicated that existing employees and in 1564 as I read the language have consideration that does not mean they have right to the job They do not have a right to promotion We've been assuming all along that within management's right to hire we would probably hire someone Who is existing full-time position losing his job and somebody who is in a part-time position which the two people at City Hall are We would not increase our staff force by going from a part-time to a full-time job the janitors in Excuse me the cleaners in 1564 do not have a Demand on these new jobs. They have a right to be considered for the new jobs. That's a huge difference in semantics however One of the things we've been doing throughout this reorganization Is telling people that there's positional eliminations throughout the department and We're working really hard to find you another position, but it doesn't mean You're going to get to stay in the position you're in So when the junior people at the public works department No longer have jobs two of the jobs available are the two police station janitor positions that they can sign for and will be given Consideration for but they're a different unit. They won't be if they make that change Okay It's Yeah, almost all right Thank you. I know just clarification when you originally start talking about adding these two positions And I was in the other the opinion that We were short of people in DPW and there might be a good idea to create these two positions To be janitors or cleaners at the police station, but in the event that we didn't need two Cleaners of janitors. We can move one of those people back to DPW to assist in snow plowing whatever cleaning parks So my original vote was it to add the two positions with the assumption that perhaps Being a new building in that maybe you don't need two people over there And let's take give it some try give it six months or so and perhaps moving one of the people back in the DPW Using them more it gives them more versatility Thank you, Mr. Mayor. I guess a clarification perhaps an example may work If we are a manufacturing plant and we have UAW Union in the manufacturing side But we also have ASME cleaners Within the same factory if as management we create a new position it is within our right to do so and It is the rights of the unions to sort out which position Which union that position would go underneath so we can still create a table of organization We can still set up where those positions fall who they report to But it's up to the unions to to decide, you know, they're up their own representation We shouldn't be discussing necessarily what should be negotiated Well, what they already have a right to do is something that we'd allow them to continue to do But where we place them and the job duties that we have and who they report to And and the question that we have can they come out and you know help such showing snow We can do that we've already done that with the documents But the unions do what they have to do to figure out where the best, you know There is best represented For them and there's a process that they can go through if they disagree and they'll take care of that, but we still will can create our positions and Create the job descriptions for those positions. Thank you. Thank you All right, we got one more all of them want to know anything for bill so you can leave I just want I want Yes, okay. Thank you. Thank you your honor. I want to say it one more time in a different way Pretty much what Alderman Renfleitz just said The janitors will work at the police station. They will be in the table of organization of public works They will be in the Union of City Hall That's what's proposed at the moment There's discussions by both unions both feeling they belong in their unit that there's mechanisms It's the things attorney said to resolve But that's it's proposed Oh, we got one more Over for hassle. Thank you, your honor bill just one thing that I really appealed to me about this And I think alderman born spoke to it earlier on is the flexibility of being able to move these people from From an ed circus alderman circus mentioned as well from if they're not needed in the police station to cutting grass to plowing snow If this scenario that all of them want to murder just laid out Actually has approved at the next council meeting. Will you have any issues or do you foresee any issues? Because they're part of the 1564 Union putting them on a snow plow or moving them to a lawnmower Because of that I don't foresee putting them on a snow plow like you're talking about Because during snow we have a huge movement of manpower from our plowing fleet to our building fleet in other words We have the sidewalks around here shoveled We have a ton of work. It's done by What you'd call snow plowers on the building because it's the building staff that's lacking so when so when you add Janitors that have flexibility within the building staff They will free up People just like you talked about at the DPW for but those particular people There's a chef the people but it's these particular two people might not be able to put on a snow plow What you're saying they would they would be put on sidewalk snow plowing so that the people who do sidewalk can be on plows Okay, thank you, Bill Matters laid over 11 1918 resolution number 1780809 by Alderman want the mayor Gisha Hannah and born approving the fiscal year 209 budget a one-year annual action plan for the community Development block grant program submission Alderman want the mayor. Thank you your honor I move the resolution be put upon its passage motion and second under discussion There's none, please call Oliver Hassel can I ask this for a real short explanation on the $219,000 figure If there's a certain concentration, is there a certain neighborhood being focused on with those funds or is this spread across the city Thank you, mr. Mayor. Yes, there is a certain neighborhood that has been targeted for these dollars And specifically Paul that might be able to address the specifics of it Thank you mayor and common counsel it's a It's neighborhood improvements and what it is is we're hoping that if we receive the designation from HUD for the neighborhood revitalization strategy area that we'll be able to utilize those funds in that targeted neighborhood If not, what we'll do is as we've done in the past It'll either be sidewalks street lighting other neighborhood improvements could even be street work in designated low to moderate income areas I'm sorry, could you define that area? Where are we speaking? This area that you're speaking of where exactly is it? It's roughly the water street neighborhood all the way up to superior Just west of 14th and then over to Sit 9th Okay, in the same would that same be true with the street improvement figure a large part of that is in that area Both the street and the neighborhood that's actually at the street improvements would actually be the Huron area Okay I want to walk one. Do you wish to speak address polite or not? Probably probably Thank you, just one small question Paul it the historic preservation grant $15,000. What does that cover? That'll either cover the facade work for buildings that are within the Harbor Center area An individual or business would submit an application and then receive the funding and or for sign grants It's those two. Thank you. Okay Thank you, but We have a motion on the floor for 1918 please call roll Montemay or Rinflaich Ryan Sirac Vanderwheel for Hasselt Wongamon Boran Bulk Decker Gisha Hannah Clowness and Meyer 12 eyes to abstentions motion carries 1932 general ordinance number 730809 by Alderman kiddison for Hasselt repeating subsections of general ordinance number 10708 Which granted an encroachment to Richard a Wilkins his heirs and assigns upon described portions of North 13th Street in Michigan Avenue? Located at 1301 Michigan Avenue in the city of Sheboygan for the purpose of maintaining a patio area Alderman there's kiddison's not here over here. Thank you, Your Honor. I ask that the ordinance be put upon its passage Motion and second under discussion There is none, please call roll Rinflaich Ryan Sirac Vanderwheel for Hasselt Wongamon Boran Bulk Decker Gisha Hannah Clowness Meyer and Montemay or 14 eyes motion carries are the matters authorized by law 2049 lies over 2050 lies over 2051 a resolution by Alderman Gisha to have the city lift the hiring freeze in order to hire two part time 8 to 10 hours each per week Generatorial staff at the senior activity Center Alderman Gisha Thank You, Your Honor. I Asked that the resolution be put upon its passage Motion and second. Thank you. I If you recall the senior center budget for cleaning last year was roughly $16,000 15 I believe in some change it was reduced down to $7,000. We had an outside cleaning service It's being proposed to be brought in internally and Higher we're back to it schedule ex-employees 8 to 10 hours each week, but you'll see in big letters. No benefits paid And this would put us under budget. It would give us more flexibility with two people and and actually Perhaps an approved service for the seniors in that place. Wonderful. That's what we're looking for Thank you, my present burden Thank You, Your Honor. I Would like to make a friendly amendment to the whereas that Alderman Gisha was just reading and On that last sentence there where it says with no benefits paid and I would like to add not to exceed 590 hours per year and and then it would continue on to the next whereas 590 excuse me, right the The the the change the amendment is a good one But it also needs to be put on now therefore be resolved because the warehouses are not operational They don't they're not operative. I should say they were as resolve is a one that puts the resolution to action So you need to add it. Okay. Yes indicate You would like for it to be put where it says therefore be it resolved Therefore be it resolved not to exceed 590 hours per year. Very good. Is that okay with the second? Calendar is that okay? That's fine. The amendment is not to exceed the amount of hours per calendar year There was a second to that friendly amendment second Was it an amendment or a friendly amendment friendly amendment, okay? No need to act further on that then almond reflash. Thank you on the same vein Then we really need to move the no benefits statement under the whereas cause under to the Be it for the result so as a friendly amendment I offer that. Okay, that'll be noted Okay, very good. Let's call a roll Ryan Cirque Vander wheel for hassled Longamon born Bulk Decker Gisha Hannah Clowness Meyer Montemay or and Rindflash 14 eyes motion carries all the matters turn the clean 2052 is an arrow by the city clerk submitting a memo from Randy Wunderjim to Susan Hart regarding additional questions prior to preparing a wage study proposal That will be referred to salary and grievances 2053 is a memo from Chief Wastuski to Susan Hart regarding a tentative agreement on contract language That have been agreed upon by union of management of the Schmogen fire department. That will be referred to salary and grievances also 2054 is a committee report by the finance committee who met and discussed the parking reimbursement compensation Recommends removing any parking reimbursement compensation from all city employees who do not incur parking expenses and to remove the pay from Compensation a classified as reimbursement so the payment is not included in the calculation of benefits that will be referred to salary and grievances 2055 is a Communication from Sarah Donna Nelson property manager of the Schmogen Regency House Requesting that the city resurface the alley which runs parallel to Wisconsin Avenue between 9th and 10th Directly south of their property at 919 Wisconsin as it is such a hazard because of severely cracked concrete that will be referred to public works committee 2056 is an arrow by the city clerk submitting various license applications for the period ending June 30 2009 and June 30 2010 that will go to law and licensing motion to adjourn Motion to second all in favor say aye you stand adjourned