 Call the 21st meeting of the 2012-2013 Common Council meeting to order. Will Clerk please read the Court of the Day. Thank you. Before anything else, preparation is the key to success. Call the roll, please. 15 present. Court Ms. President, please join me in the Pledge of Allegiance. United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Motion for approval of the minutes, Alderman Hammond. Thank you, Mr. Mayor. I move to approve the minutes of the previous council meeting. Second. It's been moved and seconded to approve the minutes of the previous council meeting. Is there any changes or additions? Do you know if Clerk will call the roll? Oh, he lost his clicker. Okay, thank you. Thank you. 15 ayes. Motion carries. Mayor's appointments to the attorney. He will... Honorable members of the council, hereby submit the following appointments for your confirmation. These are members of the Business Improvement District. Pamela Butler-Channel. Ryan Moeller. David Gass. Tom Brickley. Mike Van der Steen. Eileen Simons. William Holbrook. Larry Schaefer. David Hanneman. David Sanderson and Chad Pellecek. All terms being appointed tonight and expiring for the first two in December 31 of 2014. The next three, December 31, 2013. The next three, 2014. The next two, 2013. And Chad Pellecek, December 2014. Signed by the mayor. These are just putting us in line with the bid district's new bylaws. We'll have a lie over till the next meeting. Public forum. City clerk. None this evening. No one. Mayor's announcements. Moving on. Consent agenda 2-1 through 2-7, Alderman Hammond. Thank you. I move to accept and file all or always accept and adopt all our season, put all resolutions and ordinance upon the passage. Second. I move to accept and adopt all ROs, accept all and pass all committee reports and pass all resolutions and general ordinances. Is there any discussion? 2-1 through 2-7. Any discussion? Hearing none, clerk will call the roll. 15 ayes. Motion carries. Communications and petitions 3-1 will be referred to public protection and safety. Report of officers 4-1 through 4-13 will all be referred. Resolutions. I won by Alderman Racler to repeal resolution number 139-1112 of proving the combined dispatch services between the city and county, the city of Sheboygan and the county. Alderman Racler. Thank you, Mr. Mayor. I move that the resolution be put upon its passage. I've been moved and seconded to have the resolution be put upon its passage. Is there any discussion? Hearing none, clerk will call the roll. 13 ayes. One no and one abstention. Motion carried. 5-2 a resolution by Alderman Donahue van Akken van der Wille, waiving the residence requirements in order to hire assistant deputy finance director. Alderman Donahue. Thank you, Mayor. I would move that the resolution be put upon its passage. I move and seconded that the resolution be put upon its passage. Under discussion. Alderman Cuff. Thank you, Mayor. I'm looking for commentary from Attorney Steve McQueen. Steve. The only comment I would have, I guess, is there's currently a resolution outstanding that all nonrepresented employees of the city need to reside in the city. There were people that were grandfathered in that lived outside the city prior to that resolution being put in place. But that applies to all the nonrepresented employees except the department heads. There's a separate general ordinance in place that requires department heads of the city to reside in the city as well. I guess, from a legality standpoint, the resolution here would be to carve out an exception of the current residency requirement for the assistant deputy finance director. I guess it's really a policy decision on the council department. Alderman Cuff. Any other questions? Does that answer your question? Alderman Bourne. Thank you, Mayor van Akken. I was wondering if we could open up the floor to our HR manager, Sandy Roerich, so she could cover the recruitment efforts for this position, what the salary range is, what the job requirements are, and if they have anybody pending that they want to hire for this position. Thank you. We don't need an actual motion to open the floor. Sandy. Good evening. Our recruitment efforts. Can you explain for the audience out there who you are and what your title here is? I'm the human resources manager for the city. I've been with the city for a little over a year now. I've been in Sheboygan for about eight years. I've had very good success in my previous position recruiting for different types of professional positions. This position is challenged. Our pay range is a bit low to recruit somebody who has the needs for this position. In other words, controller-like experience. A four-year degree is required plus specific experience dealing with budgets and financials of a large organization of our size. Our recruitment efforts included posting it in the paper, online with job service, the Wisconsin Net, and career builders. And within our scope of this advertisement campaign, residency has been an issue we've had quite a few people call and say, is residency required? If it is, I'm not submitting my application. We had 22 applicants of which we have a very small pool of actual qualified candidates, which is not sufficient in my opinion. Thanks, Mayor. Sandy, what's the salary range for this position? And the other thing, of course, we have a pretty good benefit package also for this position. And in the past, at least in the last four or five years, at least for department heads, we've had most of our department heads have come from outside the city of Sheboygan. And I know when we were recruiting a fire chief, I believe we had 40 applicants, and I believe all those people knew that residency was a requirement. And yet for this position, there seems to be difficulty where in the last four or five years, we don't seem to have difficulty getting people to come in here in leadership or semi-leadership positions. One of the challenges is this is not a department head. We believe that this will be a successor to the department head. So we're looking for someone at that top level capabilities, and yet we can't offer the pay. In the general market that we have candidates coming from, their pay is maybe 90 to 100, and our salary range starts at 65. So 65 to 77 is our midpoint, and people aren't willing to leave their job for that. As far as the benefits, Sheboygan County, Sheboygan City, the benefit that we give here is certainly a very respectable package, but we compete with other private industries that offer better benefit packages. Alderman Vaughn, any other questions? Just one follow-up, and that right now, you don't have anybody that you want to hire. So we're doing away with the residency requirement, but we actually don't have it. You don't actually have a candidate right now. No, we don't. We want to increase our candidate pool by lifting this requirement. Any other questions for Sandy before we let Sandy go? Any questions for Sandy? Alderman Van Ackeren. Thank you, Mr. Mayor. Sandy, at the meeting, we talked about the residency requirement as a whole a little bit, as well as specifically in this position. Can you just, I guess, elaborate on, first off, this position? How long have we been trying to fill this, and I guess a little bit of the timeline involved in the attempts to fill this position, as well as any other positions that residency has caused a problem or is potentially going to cause a problem throughout the city? And I guess, in your opinion, do you feel that having this residency restriction is beneficial to the city or harmful to our efforts? I guess all three of those and I'll just let you answer. I'll try to answer all of them. This position started with a recruitment effort for a senior accountant back in the fall. As we started moving forward in the process, we started asking our deputy director of finance what her retirement plans are, and we're able to narrow it down a little bit more further that we know that we need a more advanced candidate. So our recruitment efforts started to enhance themselves this basically in December and in January. So we've been trying, if you want to say, for six months specific to this title for about three months. What was number two? Other positions. Other positions. I definitely would feel that this would cause some issues within the non-represented pay groups in that some people have relocated, some people are still challenged with it, some have not applied because of it, and there would be some internal issues with people that have moved and are having some hardships with it. Specifically, one spouse is in another city, one spouse has a residency requirement where they live, and it's challenging. We have people that have left during my time here because their spouse could not move. We have other people who have children with special needs who can't just up and relocate them. So it's challenging and creating one position with it will have some hardships. There's no doubt. Your third one was? In your opinion, do you feel this is beneficial or detrimental to the city to continue with this? My opinion comes from I want to hire the best candidate. That's my professional goal, is always to get the best candidate for the job and the one that will stay, the one that fits both with us and that we feel does the job. So I do feel that this will enhance our opportunities to get more candidates. Any other questions for Sandy? Before we move on. I have a quick one. We talked via email stuff about some other locations and their residence requirements and just on a quick opinion like the majority of them have a city requirement or does it seem like they've really kind of established a larger area to enhance their pool? Residency came up about six months ago and was voted down in this council and I did do a poll question with other municipalities, both city and county and it sounds like about 67% do not have residency. Of that 42% have no residency whatsoever and 26% require the top administrator of the county or the city as well as the police chief and fire chief to stay in. So the majority do allow people to live wherever they're going to live. Any other questions of Sandy? Before we move on. Thank you. Alderman Lissard. Alderman Donahue. Thank you. This matter came up before salary and grievances and it is a difficult question and this council has in my short time here wrestled with issues relating to residency. In fact last September we tried to abolish the residency requirement pretty much in its entirety without success. Now bringing this forward not that much after the fact is because of some fairly extraordinary circumstances that exist right now with respect to this position and the retirement of Nancy Bus who is the deputy finance director, controller, treasurer, goddess of the earth. Nancy wears many hats and wears them all exceptionally well. The problem is as articulated by Sandy is we're having significant difficulty in recruiting a good candidate. The answer that Sandy gave tonight they were all good answers but the one that really impressed me the most is we're here to hire the best person and that really has to be our overarching concern. Are we hiring the best person? And we have from good authority from Sandy and from Jim Amodio that the pool of candidates is shallow with respect to candidates who either are willing to move into the city or who already live here. I'm going to suggest to you tonight that waiving the residency requirement in this particular instance is one exceptional but two is exceptionally necessary and strongly urge you to support the waiver of the residency requirement in this one situation for tonight. Why is it? I came to town back to town in 1981 and I don't think I got to City Hall to ask Nancy bus my first question until about 1983. When I asked Nancy all of these questions over the years I call up and I say Nancy do you remember back in March of 1992 and Nancy said well of course here was the issue here was the here was the resolution. What else can I tell you Nancy can you send me some the answer is in the mail. Nancy has institutional memory that in addition to her job qualifications is extremely important to the financial health and success of the city. Now this job description for the person that we're going to hire this is a job that Nancy is doing in addition to her own current job just because of the way the department has been reconfigured. There are 17 job duties thankfully I will not read them all but they are fairly compelling in terms of the breadth and depth of knowledge that is required. My personal favorite is prepare difficult financial and other reports for the city system and outside agencies is required. I don't know who prepares the non-difficult reports. Not so easy preparing information requested by the committee on finance salary and grievance and others as requested supervising and opening closing procedures of the financial system internal auditor of journal entries, financial statements, treasury cash flow, cash management. She is responsible for grant administration including file maintenance, pre-audit, inspection and final audit. It does go on. In addition right now Nancy is she is the city's investor so money that the city has to invest Nancy is doing. She opens and closes all of our tax incremental districts. She submits financial resolutions and ordinances and answers all questions from other city employees that need some history for their particular issue. This is a big job. We need somebody really qualified in this job but the second part is we need Nancy bus to train this person to be able to do this job. Nancy is not going to be able to transfer all of her history and all of her knowledge within the eight or ten month period of time that there might be, it might be longer, it might be shorter, but now is the time to start that transfer of information as well as training for what is really a difficult job. So we're having trouble hiring. We may have better luck if somebody who lives in Howard's Grove or Keele or Kohler or the town of Sheboygan who doesn't want to sell a house, relocate children, but would like to have this job and has that skill set and can work with Nancy over the next few months to transfer that, at least part of that basis of information. That's why I'm strongly urging you in this one single instance to waive the residency requirement. Now, Sandy points out that we have other residency issues. I believe that the salary and grievance committee I spoke with our chair and we are willing to really look into what the best practices are for residency requirements for municipalities and really determine whether or not we can live with our residency requirement, whether it should be modified, who it should apply to, that can go on down the road so that we can apply equity in these decisions across the board. But for now, I would suggest to you we have, crisis is probably a bit of a strong word, emergency is probably a bit of a strong word, but if we wait another month or another two months or another three months, those words will be good descriptors for the situation the city is going to find itself in. So I've talked a lot, but I feel real strongly about this one and I hope you'll support salary and grievances bringing this forward to you. Thanks. Alderman Hammond. Thank you, Mr. Mayor. Diddle. I'd just like to echo a few comments. I too think this is, and I probably would use the word critical just because of the functions that this position entails. Even with an eight to ten month lead time, we are never going to get to the point where whoever takes over that position knows what Nancy knows. We just resign ourselves to that. The second portion of that is we do need to find the best talent. First off, there's not a lot of accountants out there. Believe it or not, there's actually a shortage in the industry of accountants. And there's even fewer accountants that have government accounting backgrounds. So we're going to try to find a controller level person that has some form of government accounting experience, have them come into a position. Now, if somebody lives in Minnesota or in Michigan, sure, they're going to move here because it's required, or not required, but it's practical. But if somebody lives in Howard's Grove or Keele or Kohler, as Alderman Donahue said, why would we make them move into the city when they're the best qualified? It just doesn't make any sense to me why we would do that. So I'm going to support this wholeheartedly. I think we need to get somebody into that position so that they can start training and learning. And hopefully by the time Nancy does finally retire, we will at least have 70 percent of the knowledge she has dumped into somebody going forward. So I would encourage everybody to support this. I get it. I understand why people like the residency requirement. It's just not practical in this situation. You have a small pool of talent when you're just trying to focus in Sheboygan. If we can expand that, you know, even 20 or 30 miles, I think we're going to find some great candidates. So I appreciate it. Thank you. Alderman Borden. Thank you, Mayor. One thing Sandy said about the salary is not really competitive. Has there been any thought of making the salary competitive so that we do get more qualified candidates? I guess I'd ask Sandy or Mr. Amode of that question. Jim, can you, Jim or Sandy? The position was advertised as an assistant deputy director. One way to change that would be to advertise as a deputy director, which would be the same position. We certainly wouldn't bring in anyone above the pay level of what we're paying Nancy. And that alone, Nancy is making somewhere in the 90,000 range. And that's a challenge to get somebody with that kind of experience that Mr. Hammond was talking about. Some might come for that, but it's a challenge. If I could just follow up. That person that you're going to hire is going to be coming into the job knowing that pretty soon they're going to be in that position. So within 8, 10 months a year, that person is going to be, if not up to the level Nancy is because of her seniority, is certainly going to get a bump once that person takes over that position. Is that being made clear to the candidates? They would have to, in some cases, take a pay decrease for then getting a pay increase in about a year. Any other questions all of them? Any other questions of Sandy while she's there? Clement Bellender. Thank you, Mayor. I like Alderman Hammond and Alderman Donahue. I'm going to support this for the reasons that have already been stated, but I'm curious to the Salary and Grievance Committee, and if you have thought about this, Sandy, too, you're going to set a precedent here if this should pass with an exception. You could theoretically argue the same thing over and over again with other opportunities or positions that come open, and we would have the same discussion. So I'm wondering if the thought through Salary and Grievance is to reconsider the residency requirement as a whole, because if we do make this exception of all the unintended consequences that are going to result as it relates to this with your personnel. If we pass this tonight, then we owe it to the employees who have expressed concern to me, to their department heads, to do a formal review, as Alderman Donahue has recommended. Any other questions? Thank you. Alderman Lewandowski. You can stay seated. Okay. Well, I'm not going to support this, and I basically have one reason for that, and a couple of weeks ago we came up with ideas for a job description for the mayor, and one of the things on the job description for the mayor was to promote Sheboygan as a good place to live and to work. And I don't see how we can tell the mayor he should promote the city as a good place to live when we as a group are saying the opposite and saying, well, this job is open, but you don't need to live here. We are not promoting Sheboygan as a good place to live then if we approve this. So I'm going to be voting against this. Thank you. Any other questions for Sandy? Thank you again, Sandy. Any other discussion? Seeing none, I'll clerk or call the roll. Can I vote as to waive? The I vote is to go along with the committee report recommendation to waive the it's a resolution to waive the residency to hire the assistant deputy. We're accepting the committee's report. That was fast. Seven ayes, eight noes. The motion fails. 5-2 by Alderman Donahue Van Aker and Van DeWille. I'm sorry. 5-3-5-8 to be referred. 6-1, a committee report from law licensing recommending taxi license driver number 59, taxi driver's license number 5902. Alderman Van DeWille. Thank you, Mr. Mayor. Moves of the RC be accepted and adapted. It's been moved and seconded that the committee report be accepted to dock and under discussion on them in Van Aker. Is Amy Belikovich here this evening? She is not here. She was invited to appear before our committee two different occasions and she did not. So we had to deny her 5-0. Is there any discussion on the committee report? 6-1. Seeing none, the clerk will call the roll. 15 ayes. Motion carries. 6-2, committee report from law and licensing denying driver's license number 8927. Alderman Van DeWille. Moves of the RC be accepted and adapted. It's been moved and seconded that the RC be accepted and adapted under discussion on them in Van DeWille. Is Kendra Yudevich here this evening? She is here. The committee had heard from the assistant city attorney as to her record and in 2011 she had an OWI due to drugs. In 2011 she had a possession of THC. In 2011 possession of drug paraphernalia and in 2012 possession of THC and in 2012 also another possession of drug paraphernalia. The committee did a vote 5-0 to deny and she is still on probation. We just felt that at this time it was a bit too soon after her recent violations to give her a beverage apparel license. The operator is here. Would you like to address the council? Could you come up to the front please? Thank you. I have two letters of recommendation if you wouldn't mind. If you want to look at them in the region. I've been working at the same gas station for two years and it's my only form of income. I'm trying to get my HSDD and go to college. In order to do that I need a job to pay for it. I also have bills in rent. And I just, I need my job. Any questions of the applicant? Alderman Cough. Oh not of the applicant. Any questions of the applicant before we go on? Alderman Van Aker. If for some reason you wouldn't be granted your license would that affect your employment at the gas station? Yes it would. Okay so in other words you would lose your job there? Yes. Correct. Okay also the history that was given in 2011 there was three charges that were given in 2012. Were those all separate incidents? Or were they all stemming from two incidents together? Two incidents. So the three things in 2011 the OWI, the possession of THC and the paraphernalia was one combined incident. And then in 2012 the possession of paraphernalia as well as possession of THC again was one incident not separate. Thank you. Any other questions of the applicant? Where did you say you currently are employed? Well I used to work at the Clark station on north in 15. Good. Alderman. No not for the applicant. Okay any other questions for the applicant? Alderman Lussard. You said that you work for two years in this position. Yes. And why is it now how are you able to work there for two years and not have a beverage license and now if you don't have one you can't work there anymore. I had my beverage license. I came back to renew it and it ended up being that I got my probationary license and then I was given my letter that I wasn't able to get my permanent license renewed. You're the only one on site? Yes. There's no one to supervise you so you could keep your job? No. Okay thank you. Any other questions of the applicant? Alderman Raceler. Thank you. Your probation agent is aware that you're working at this location? Yes she is. And she doesn't have a problem with you working at the location with the liquor or the sale or anything? Have you had any problems at work with any problems with sales of alcohol or liquor? No. And just asking for a guesstimate of your sales and your job, how much of that actually deals with alcohol or liquor? 5%, 10%, 15% you know? With liquor I'd probably say anywhere from 20 to 30%. And you are working at the Clark Station now or you were? I was up until this all happened. Would you get your job back if you got your license back? Yes I've already been guaranteed it. Okay. That was a Clark Station on 15th and north? Yes. Any other questions of the applicant? Thank you very much. Alderman Bourne. Thank you Mayor. Who are the letters of recommendation from? And my second question for the committee chairman is did you get a recommendation directly from the probation officer whether it was alright for her to work in this situation? City Clerk would you like it's just a paragraph each. Do you want me to read them? Who they're from? They're not very long. Okay. One of them is from a Chandra. Okay Kendra has been an employee at my store for over two years. She is a hard working individual who brings a good work ethic and a smile to work with her every day. She has never had an underage sale and has always been very kind and helpful to the customer. She's trustworthy and reliable to find another employee like her would be extremely hard. Please reconsider. The licensing committee's decision and allow her to renew her beverage operators license. Is she the manager of the store? No, is this the lady? The owner of the store. Okay. I would answer your one question. And then there's a Teresa Snow. I've known Kendra for several years. I know her to be hard working honest. I admire her integrity and kindness. She has never done anything that would harm another person and show as much thoughtfulness in her dealing with others. I have known her to go out of her way to help others. She deserves a chance to make a living. It seems to me she's just trying to get by, same as the rest of us. Kendra is a very good young person and deserves a chance to continue with her job. I'll answer your questions. Alderman Barn. Thank you. We have one for the committee chairman about the probation officer. We did not. And did you get a recommendation from the police department on this individual? No recommendation. Any other questions? Alderman Raceler. Thank you, Mr. Mayor. As in the past, I've been very liberal on most of these. And I guess I'm going to probably be again. I realize that this young lady's made a lot of mistakes. But she's on probation and that's actually going to be the best supervision that we have, better than what this committee or the council's going to do. So that person's going to obviously hold her to the fire a little bit more than what we even are. So I guess for that reason, I'm going to vote no. Any other, Alderman Kaff. I'm sorry it was on. Ms. Yudevich had a 2011 OWI with drugs, a 2011 possession of THC, a 2011 possession of drug paraphernalia, a 2012 possession of THC, and a 2012 possession of drug paraphernalia. The police department also recommended to deny. They did not give a recommendation for her license. So with the police recommendation and these things, I will, and the committee voted 5 to 0. I will move, I will vote 2 to 9. Any other discussion? Alderman Kaff. Thank you, Mayor. I too was at the committee meeting and we all voted against these. In the last two years that she's worked for this company, in the last two years she's gotten all these charges. We all thought about it, chatted about it and I will not support her getting her license. Any other discussion? Hearing none, the clerk will call the roll. A aye vote will be to support the community report to deny. Yes. Eight ayes, seven noes. Motion carries to deny the application. 6-3 from law licensing recommendation, recommending denying beverage license number 9829. Alderman Van Thank you. I move that the RC be accepted and adopted. Second. It's been moved and seconded that the RC be accepted and adopted. Is Kathleen Schrader here this evening? She's not here. Because of one of her convictions back in 2004, she is ineligible for us to even issue a license so we had to deny it. Any discussion? Hearing none, the clerk will call the roll. 15 ayes. Motion carried. 6-4 from law licensing recommendation to deny taxi cab driver license number 7760. Alderman Van DeWille. Thank you. I move that the RC be accepted and adopted. Second. It's been moved and seconded that the committee report be accepted and adopted. Is Brenda Valerio here this evening? She is present. Her convictions or violations in 2010 were the violation of traffic control in 2010 operating after suspension. Also in 2010 too fast for conditions. In 2011 operating after suspension and in 2012 speeding going 20 plus over the limit while she was driving a taxi cab. The committee voted 4-1 to deny. I see the applicant is here. Would you like to speak to the council please? I do respect the decision that was taken. There you go. I do respect the decision that was taken but I'm kind of sick. Up until that last speeding ticket that I got heading into Kohler prior to that even though I had even though I had a hard lesson to learn it cost me financially with the fines and everything. I was approved to for my cab driver license and after that last one it has it has cost me a lot to know that not only this is affecting my permit to drive cab but again I hope that within six months I can prove so I can come back and reapply for my driver license and I wish through with some other kind of system where you know and for a drug test or drinking I'll be more willing to do something like that I'm not a drinker I'm not drugs I never have been you know I wish that was a requirement for other cab drivers also. Any questions of the applicant? Alderman born. Ma'am do you have any other employment besides arriving cab? To be honest no when the last time I was approved I was working at Rockline extra hours and right now you're not you're not driving cab right now no I'm not thank you any other questions of the applicant? thank you very much thank you any discussion on the committee report? hearing none the clerk will call the roll 12 eyes 3 nose motion carries 6-5 long licensing recommending denying taxi driver license 97-91 Alderman Banda-William thank you I move that the RC be accepted and adopted second it's been moved and seconded that the committee report be accepted and adopted under discussion Alderman Banda-William is Angel Estevez here this evening he is here he recently was stopped for driving and driving an avicab without a license somebody from the company had borrowed it to him so he could use it to drive the vehicle wasn't licensed it was there was no proof of insurance and he was not supposed to be driving it so that was just one of the issues that we had there was also we had also denied him just on December 11th 2012 because of the he had speeding tickets in 2012 2009 and he also in 2006 had disorderly conduct seat belt violation and speeding the applicant would like to address the council please my name is Angel Estevez and I didn't try to purposely hide nothing that day my son was sick the cabs were really busy there was only two cab drivers that day so he told me the cab the cab guy who runs it they were here when he said it here too he borrowed me a cab and I thought I would be just like just borrowing a regular car I did not know you know because I don't know the laws about that I did not know that I couldn't drive it as a civilian to go get the medication and I looked at the place the place was good everything was good on the car so I just figured that you know I guess I could drive to go get the medication because he was tied up that's my son that was sick by the way hold on and you know I'm appreciative that he did that for me but I did not know the law I did not drive a cab that is still counted as driving a cab I had no fair money on me no nothing no ledgers hold on and you know the insurance was inside the car that's going to be proven and he just recently got the place back for that car it was like three days over 200 that's why the place were expired I was not speedy so I wasn't doing nothing wrong but I'm sorry sorry for that and the first time I was denied there was a mistake in the paperwork of my speeding tickets and I bought here a copy of my tickets that I had and found in Black County and there's only two tickets if you would like to look at them there's only two speeding tickets here give it to the clerk please do you need this back and there was only two speeding tickets it was just that they showed three there's the record right there it was only two speeding tickets one was I think in 06 and one was in 2012 that was last year and I wasn't trying to hide nothing but I did go get the copy this time so then they could see that it was correct of what I was saying and I really do need this job because I need to you know support my children and you know I'm not trying to live off the tax payers you know right now I'm on disability I get a job so I can keep my family fed and all that I'm very sorry I did not know the laws that you can't I thought just like you borrow me your car or something like that otherwise I wouldn't have been driving that tax at the time any questions for the applicant all of them are sorry what taxi company would you be working for Independent I won't work for Abicab I'll be working for Independent this time how would you the vehicle excuse me yes ma'am it was Abicab that bought me the cab and you had the lights for service on the taxi were lit when you were driving the taxi correct yeah there was no passenger it was lit but there's no switches in those to turn them on and off so that's why it stays lit automatically there's no cargo switch so that I was driving for Abicabs at the time and when what the reason you were pulled over is because the place were expired all the admissions on the plates the plates were good it was just admission it failed admissions by three days he thought he thought he had like ten more days they recently got all that fix but I think he knew more or less what was going to happen whatever I don't know but he was being nice to me letting me use the car to get the medicine but I think somebody should have told me that I still can drive a civilian if he knew the law so now we'll be working if I was to work for anybody would be independent cab while I look for another cab company that's more appropriate that we know what's going on thank you any other questions of the applicant any other questions thank you thank you very much thank you sir thank you guys for your time any discussion on the committee report hearing none clerk will call the roll 8 ayes 7 noes the committee board has accepted and adopted and denied 66 license recommending denying beverage operator license 9849 all of them in the van thank you I move the RC be accepted and adopted I move the secretary the committee report be accepted and adopted is my Prusa here this evening he is here his record of violations include a 1999 felony burglary a 2000 felony forgery and then in 2012 he had a sale to underage and a unlicensed bartender this incident happened at the 921 bar what had happened was the owner had left to go run to the store and he had that's when the absolute 21 came in and he was he got cited for that the committee first voted took a motion to approve the vote it failed 2 to 3 then the motion was made to deny the vote and it passed 3 to 2 see the applicant is here would you like to address the council Michael can you give me your last name I didn't hear it's Pruka PRU CHA Pruka I just again like I said at the committee meeting this one up for a vote about a week and a half ago it was an honest mistake I did make the mistake and I admit and accept the mistake that I made that night in serving the under 21 without the operators license it was a fill in situation for my owner to run to the store as they've had the new baby the reason why I'm going for the operators license now is to try to lend them a hand keep their payroll down a little bit just to strictly be kind of a fill in bartender for them I'm not going to shift over as a full-time bartender for them I've been with them near a year now as their cook back in the kitchen so I'm trying to utilize myself as kind of a fill in role for them when they need a little bit of a a break for an hour or so type thing it won't be in all night bartending or anything like that also along with that you know try to make the situation right went through the servers course and also went through some training with the owner as far as being able to detail the licenses making sure that I'm checking the licenses that type of thing as I hopefully move forward with helping them out with bartending over there Any questions of the applicant? Alderman Cotth Thank you mayor here's the thing Mark you mentioned it's an honest mistake but there were actually two mistakes that were made first mistake was well you've been there a year kind of no things so the owner left you with patrons that were already at the bar so that was the first mistake the second mistake is you let other people in serve them cocktails and they were underage correct so there were two honest mistakes there was two customers in the bar when Tony left the bar they were just finishing up their meals I didn't actually serve them any other drinks from that point they finished up their plates of food and I cashed them out took care of their tab that they had running the only one that I actually did serve was the minor on the under 21 thing where I did make that mistake Any other questions of the applicant? Thank you very much Thank you Any discussion on the committee recommendation? Committee's recommendation is to deny the claim clerk will call the role Six eyes, eight nose and one abstention Motion fails or motion carries to deny No Motion fails to deny and now we have to now we need a motion to approve I'm sorry Somebody's got to make a motion to approve It's been moved in Second Seconded to approve the license Any discussion? Call the roll to approve the license Just give me a second here Nine eyes, five nose one abstention Motion carries to approve the license Thank you Six seven Committee report from Law and License you need to recommend the denying beverage operators to approve the license number 6744 Alderman Vandewil Thank you Mr. Mayor I'm going to ask again that we refer this back to committee The applicant was here this evening There was quite a few mix up as far as dates when he was supposed to be at the meeting and he did assure me that next week Tuesday he will be at our committee meeting So the motion is to re-refer to committee? Yes It's been moved to refer the license back to the committee All those in favor signify by C&I? Aye Opposed? Motion carries Other matters? City Clerk 7.1 is an arrow by the City Clerk submitting various license applications for the period ending June 30, 2013 and June 30, 2014 That will be for the law and licensing 7.2 is an arrow by the City Clerk submitting communication from the State of Wisconsin Department of Corrections requesting a waiver from the Sex Offender Residency Restrictions on behalf of State Inmate Christopher Holmes in order for him to be placed in a TLP at either 930A Michigan Avenue or 1123 1125 North 14th Street depending on availability That will be sent to Public Protection and Safety 7.3 is an arrow by the City Clerk submitting communication from all their person Lewandowski stating concerns regarding the fact that the handicapped elevator lift on the north side of City Hall has been removed due to the lack of availability parts to repair the lift States it's dangerous to have to park on the street especially in the snow and ice in order to get the handicapped ramp located on the south side of City Hall That will be referred to Public Works On the agenda the notice of going into closed session is been canceled so we will look for a motion to adjourn Move second to adjourn All those in favor signify by saying aye Aye Clicker Clicker Clicker Clicker Clicker Clicker Bill Kevin You gotta paint it again Gotta hit it again, Bill Ah Thank you Fifteen eyes We're adjourned