 Call to order. This is a special meeting of the Sheboygan Common Council and as is customary the Poet of the evening will be read by Sue Richards our city clerk. Thank you mayor I've come to believe that my past failure and frustration were actually laying the foundation for the understandings that create a new level of living Thank You sue Roll call, please Warren here Bulk Bowers Decker Gisha Hannah Heidemann Cough Kittleson Clowness Montemay or excused Rindflash Cirque Vanderweel Voo and Wongamon 15 present. We have a quorum Alderman Cirque, please lead us in the Pledge of Allegiance Thank you. 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, man report of officer S3-1 by the city clerk submitting a complaint demanding the public removal of Bob Ryan as mayor filed with the city Clerk on the evening of October 6 2009 Along with the city attorney's opinion as to whether the submittal constitutes written verified charges brought by a resident taxpayer For purposes of the Wisconsin statutes relating to removal of governmental officers President Gisha Thank You mayor Ryan motion to file based on Explanations previously given We have a motion and a second under discussion Turning McLean would you like to comment first or you want to excuse me? Okay Turning McLean, we have Alderman Rindflash asking for your comment. Sure. Thank you. I believe all the alderman have copy of the Memo I provided to the city clerk the day after she provided me with the The paperwork that had been provided to her demanding the removal of the mayor When I looked at it First I was struck by the format of What's the title complaint and I think it boils down to what these really are in my view is a petition submitted by a number of city residents Each of the pages is identical just with the blank lines 10 lines on each page to be filled in It requests removal proceedings, but under the statutes under 1716 of the Wisconsin statutes The the statutes require that Removals from office for cause under this chapter may be made only upon written verified charges Brought by a resident taxpayer of the governmental unit of which the person against whom the charges are filed as an officer Written verified charges is more than just a petition Verification requires some sort of acknowledgement oath or affirmation of the individuals that what They've stated they declare as true to the best of their knowledge or True to the best of their understanding these Complaint pages there. There is no verification on there. They're just Signatures and in fact I would note in some cases They're not even signatures. They're just Handprinted names So on that basis Really without going any farther In my opinion that does not constitute written verified which gives the council jurisdiction to proceed with removal proceedings I Also looked at the issue of whether or not There are really charges and I guess What is a charge and what isn't a charge? Is There's no bright line test for that but here in these complaints. There really Wasn't any conduct alleged at all. It was basically Conclusory that the Conduct of the mayor which really was not identified has caused the scandal so I think from the standpoint of These being charges These complaints would arguably be defective, but I guess the bottom line is it's not Verified and the statutes require that before the governing body has authority to Proceed with removal proceedings So if anybody else has questions, I'd be free to feel free to answer them Thank You attorney McLean Alderman Bowers Thank You mayor right In reading this petition that was submitted by I think some 52 53 people I noticed 90% of the signatures on here are invalid because it could not contain The city The state and I don't know if you need a zip code or not a number of them were printed besides What I would like to point out if and I'm not saying that the people shouldn't take it upon themselves and submit petitions but what you've done is take up the city attorney's time you've taken up the city clerk's time and It seems to me that if these things are to be done, they should be done right This is a amateur attempt, and I don't know who started it But anyway in the future. I wish the people would Take pay more attention to the what they're signing. Thank you. Thank you Alderman Bowers President Gisha Thank You may Ryan if I may address Steve McLean certainly thank you Steve it attorney McLean It seems to me you're written opinion down to the last sentence of the second to the last paragraph of your opinion That reading as follows as such the Common Council should not indeed It is without authority to commence removal proceedings. Is that still your your opinion? That's my opinion, and that's based on the statutory language It says removal proceedings Can only be commenced Upon filing of a written verified charge That was that was the basis of me asking for this document to be filed Do you agree that based on that particular sentence in the document in front of us? That's an appropriate action I think that would be appropriate You know you can treat it as petition send it to a committee if you wished but that would be up to the council I would not treat it as a Qualifying complaint for purposes of removal. Thank you Thank You president Gisha Any further discussion nothing further roll call please born Bulk Bowers Decker Gisha Hannah Heidemann Kittlesen Clowness Rindflash Cirque van der wheel Voo and Wongamon 15 eyes motion passes document is filed Resolution introduced S2 dash 2 by Alderman Gisha and bulk requesting that mayor Bob Ryan be officially censured due to the Embarrassment is recorded the actions have caused the residents of Sheboygan and to the office. He now holds President Gisha Thank You your honor. This is in follow-up to our last meeting where myself and Alderman bulk Made a promise to bring this to the council. I appreciate that this be called as a special meeting that was greatly appreciated it's sometimes easy to Sweep things like this kind of quietly. I appreciate the fact. It's being up front a special meeting that was not I think that's extra Special and good for the city that is being done this public way I move that this resolution be put upon its passage. You have a motion in a second Any further discussion Alderman both Mayor I would just reiterate what I said at our last meeting is is that and based on counsel from attorney McLean What some folks wanted to see done. We don't even have the authority to do in the world of division of powers where legislators can do things to executives and Their powers are separate and there are checks and balances. This is what we can do to send a signal to the mayor That says we disprove of what you did and it's been an embarrassing thing to us and our Constituents so I urge the people in this room to support this by voting aye. Thank you, mr Thank you, Alderman bulk and as I stated myself I will accept this center with dignity in order to move our city forward This is not this does not come to me in a manner that I don't deserve So in order to move our city forward to put this chapter behind us I do accept this and I hold no animosity toward anybody Good turn to McLean Yeah under the Roberts Roberts rules of order which is really what we're dealing with here. This is disciplinary proceedings of the governing body itself There's two types of conduct that are covered by the disciplinary provisions of Roberts rules one dealing with Conduct occurring within the body itself during a meeting and the other is outside the meeting those procedures dealing with incidents outside of the conduct of the meeting Roberts rules provide for more due process and Opportunity for hearing and that sort of thing and just so we're clear on the record. It's my understanding that the mayor is willing to waive any rights to any sort of Due process hearings and I'd like to get that on the record. That is correct I have waived any any any rights in in order to move this process forward Alderperson Clioness Thank you, your honor. I guess I also speak I think we represent the city of Sheboygan and So it's not just an action by this body. It's an action by the city of Sheboygan that you take this office very seriously You've pledged to do that and you have 48 50,000 people who will be watching you That's right, and that's a that's a big thing to put yourself out for and You know, there'll be times when they'll be more difficult for you to do and others and just know that everybody's watching and Will support you but I I think it's gonna be a tough thing to do because everybody will notice wherever you are and Make, you know comments or whatever make their judgments. So I'd be safe just beware and we're and through your best That's bound to keep anybody honest. Yes. Thank you All the person cut I'm going to pass it this time. Thank you All the way along them Thank you, mr. Mayor. It's been suggested by some that a censor is just a slap on the wrist But I'm here to tell you that I'm sure no one in this council takes it that way It's no small thing. I'm sure you don't take it as a small thing either I think a censor is a Big thing actually it's very important it shows the council's displeasure and I think no one likes to have all his People that he works with tell him that they're disappointed in him So I don't take this lightly and I'm sure you don't either and I take a great issue with people who say this is just a slap on The fingers or possibly an attempt to sweep it under the carpet. Thank you. Thank you Any further discussion None roll call please Bowers Decker Gisha Hannah Heidemann Kittleson Clowness Rindflash Sirich van der wheel Voo Longman and boring 15 eyes motion carries Report of committee 8 s3-3 by the committee of the whole recommending Establishing the community budget goals and objectives and specific guidelines for the 2010 city of Sheboygan budget All the person Clowness Thank You man mere I move that the we accept the report of the committee the whole and put the resolution 7309 10 on passage We have a motion in a second under discussion President Kisha, thank you your honor don't get a lot of television coverage for these things, but This is important step by this council Just as important as other issues and the kind of business that That now will be back into Doing full-time, and I think we're all looking forward to that this document is entitled standing with our citizens looking beyond tomorrow it was put together by the finance committee and With input the whole plus Working sessions within the finance committee recognizing we have some financial problems Increased tipping fees increased taxpayer retirement contributions for our employees reductions and shared revenues maintenance of effort now to include emergency services this Continued mediation arbitration restrictions which makes it virtually impossible for us to be nimble when it comes to our long-term economic conditions It the state has dumped their issues on us Using I think the economy has covered the economy has not caused our budget problems in the city of Sheboygan The economy has exposed our budget problems in the city of Sheboygan And I think this document and the work that's been done via the various committees is dealing with it head-on Just briefly to highlight What this is it breaks our budget unlike the usual paragraph or paragraph and a half Into goals and objectives long-term goals and objectives and three specific points dealing with the 2010 budget Under the goals and objectives, and I'll try to be brief with this But it's important. I think for the citizens to understand what this is and what maybe it's hoped to be the significant Point number one is a significant progress be made before toward Financially sustainable pay-and-benefit goal of 80% or less of general expenditures. That's gotten a lot of talk in this community And it's not just words. We have the data to back this up Finance director Hansen would be happy to come up and speak to this if anybody wants more information Appleton 75.74% of their budget is paying benefits Manitowak 71.6% Janesville 68.27% Wausau 78.69% And we are after star well over 80% prior to star about 85% Pay-and-benefits. It's just a matter of not being able to be financially sound long-term Even though we're a service industry and that's been brought up But not a lot of service industries has to spend millions on roads millions on sidewalks millions on sewers There's not a lot of service industry categories that have those kind of obligations to their citizens We believe public safety is a priority item to however Due to retirement and other reorganization efforts. We believe there's still 3% that can be pulled out of Public safety sectors of our budget They were left alone during the star resolution with patient in that resolution that We expect that to have that this type of look this wasn't a surprise this was telegraphed in the star item 3 Neighborhood needs throughout the city We feel special attention is warranted in increasing inspections and expanding code enforcement and from what I understand with the budget There's a great component that we'll have to do with Landlords and things like that should help us all so I think some of that is in the works We're concerned as a council. It says about fund-balance transfers to kind of fix last-minute holes in the budget There will be some fund-balance transfers the way it kind of works But to use certain fund balances that may be deemed inappropriate It's a notation the council will be watching those types of things and expect explanations on them We believe our employees are item 5 the last item are of great value to the city and their citizens. They're great people and Joy working with every single one of them. However We are asking for a formal training program for employees to bring their skill levels up as their pay goes up and having goals and objectives toward toward personal development and skills development so that as they raise in in Step increases and so forth having to do with the city that their Talents raise with it and I think we've let our employees down over time And I think the committee did too we would be asking them for more But we're not supplying the necessary training that goes along with it So we think they'll benefit from that and in turn in turn the taxpayers will too Now just briefly going to the three specific guidelines and they are very brief We are we are asking for in this document and expecting a zero tax rate increase for the 2010 budget Zero that means the city of Sheboygan and actually with the calculations and the discussions We had at the committee the whole will spend will not raise your tax rate a nickel But furthermore based on that it'll end up that the city's levy the amount of money We take in and put in the checkbook from the taxpayers will actually be less in Coffee shop talk rather than government levy talk that means we'll spend less in 2010 than we did in 2009 by roughly a hundred and ten thousand dollars substantial That's a big deal because oftentimes you can play games with lowering the levy and raising this or Increasing the levy and increase it lowering the rate. There are no games This is saying not only zero tax rate, but based on the calculations that we've done initially with the budget We're looking at the amount that the city takes out their checkbook and writes every year by just over a hundred thousand dollars Upon passage of this budget item two of three the current hiring freeze resolution will be amended and extended to December 31st 2010 and is further now amended to now include all full part-time and temporary positions Just gives us all an extra kick at the cat and frankly the mayor's office an extra kick at the cat when it comes to expanding That eighty five percent figure it goes back to our goal of getting down below eighty percent Final item capital improvement program, and I know this is a an issue with many in the council I know it's an issue in the mayor's office our quumbling infrastructure the kind of things that service industries don't have to deal With that we have to balance Would be a minimum funding borrowing level of two million dollars for two thousand and ten and There was some question regarding the language of a minimum funding borrowing level. We have a cap of three million dollars We set the minimum of two million dollars which establishes a payment for two thousand and ten and beyond of a certain amount based on bond or borrowing level and if Efficiencies and cash can be squeezed out of the budget the that gives the the mayor's office with his budget and all his Department heads an opportunity to increase that up to three million dollars where our statutory cap is so it gives some flexibility yet, can I think makes the point that the council believes that putting Money back into the infrastructure that things our citizens need and use every day of streets sidewalks and sewers and things like that Are of a high priority so I want to thank the the mayor's office for working very closely with the committee and committee members on This and the committee the whole for their their diligence in Discussing this and my hope is in conclusion is that we revert back to this document so often we stick them on a drawer I'm no different than anybody else and And very seldom dust them off But as we're making decisions throughout the year back to the title standing with our citizens looking beyond tomorrow that we use This is a guiding document For making decisions through the years is it fitting into our goals and objectives for two thousand and ten that can help Us all with deciding on how to support or not support various items based on your vote here tonight so That's in a nutshell for the citizens I think the council and the I think the council again and the committee the whole and the finance committee for all their help and putting this together Well spoken Alderman Bob Thank You mr. Mayor. I'd like to add that the labor in a good team led by the acting HR director Tom Rice The the salary and grievance committee has already voted that this document once it's passed tonight will be the guiding Principles for our labor negotiations for this season as well And these are being communicated to the collective bargaining units so that they know that that the labor negotiations team is not authorized to To engage in bargaining that would result in that percentage of our budget that goes to Labor and benefits to that going north that needs to go south they would and that this council will not will not approve that Also, it sends the signal that this maintenance of effort legislation that Madison put through We both the finance committee and salary and grievance committee have done their homework and the The fire department and the police department based on principle number two are being made aware that that doesn't isolate them from certain cuts And that that 3% expectation is still there so in short mr. Mayor this document Not only will it be referred but it'll be the guiding principles for the negotiation team as we begin negotiating the next contract Thank You Alderman. Mr. Mayor if I may if I may speak for a moment Our finance director Terry Hansen and I have done quite a bit of work on the budget already And we have Monday as our as our deadline to have the preliminary budget done So we have dual coffee pots going and we have the pizza delivery number And we're we've been working on it quite diligently and we're going to keep working regarding some of our departments in conversation with our fire department they have Turned in a budget that they they think that they can meet that 3% goal 3% reduction voluntarily which is which is a big thing for them to voluntarily come in at 3% Below last year's budget and for them to do that voluntarily even though they are under a perceived maintenance of effort Says a lot for our for our firefighters and then for their department Regarding the tax rate increase 0% tax rate increase we've been brainstorming on Basically setting up a different tax structure for our city right now our city is almost a hundred percent dependent upon property tax for our for our government and we're looking at gearing more toward a fee-for-service type of type of tax system Whereas in the initial year and this of course will be debated quite Loudly in the initial year. We're looking at lowering our tax rate up to 14% our property tax rate It'll be more fair. It will be more if we're not increasing our taxes We will be going more toward a a fair-based system based on services rendered rather than strictly the the property tax and It's going to be a lot of work But in the long run it will it will benefit our city when somebody looks at our tax rate And they see that we are in the upper 20% in the state when we can get that down where our property tax rate Is down toward the middle we look much more appetizing as a community both for residents and for business And that's our goal. It's going to take a lot of work. It's going to take a lot of input by the council It's going to take some some big brainstorming by the finance committee in particular, but I think we can get there So I appreciate everybody's work so far to date on the budget. I appreciate everybody coming together tonight I'm looking forward to putting the recent weeks behind us and working diligently with everybody. Thank you Now we do have a motion in a second correct Any further discussion roll call please Bowers Decker Gisha Hannah Heidemann Cough Kittleson Clayunas Rindflash Cirque van der Wiel Vu Wongamon Warren and Bulk 15 eyes motion carries Motion to adjourn Motion to adjourn in a second all in favor say aye opposed We are adjourned