 Great, it is 415, I will call them in order. Number two, roll call, okay. Alder Decker. Here. Alder Ackley. Here. Alder Heidemann and Alder Felde are excused, and Alder Salazar are here present. All right, if we can all stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, combination under God. Needed as well with liberty and justice for all. All right, item number four, if we can just go around you, introduction of members, staff and guests. Kathy Hoffman, city attorney's office. Chuck Adams, city attorney. Dean Decker, Alder Felde, district six. Joel Kazanski, police department. Betty Ackley, Alder person for district four. Chris Tomgalski, police chief. Paul Mugovar, civilian. Scott Navey, all current length, police. Melissa Fassbender, city court's office. Mike Sdelters, morning, police. Eric Montiano, fire team. Anna Salazar, Alder person for district three and chair. Great, we will move into agenda item number five, approval of minutes for the May 1st, 2023 meeting. I make a motion to approve the minutes from May 1st. Okay, great, we've got a motion and a second. Can everybody, what do I say? Okay, any discussion? Thank you. Any discussion? All in favor say aye. Aye. Any opposed? Great, motion passed. Chair votes. Chair votes, motion passed. Chair votes, aye. Chair votes, aye. Motion passed. Thank you everybody. This is my first meeting. You're doing great, you're doing great. Thanks for the positivity, my friends. All right, agenda item number six, beverage operator license application number 3325, hearing regarding denial of license. So that's this number six is regarding Adriana Yerck. She is not here yet. Given the time, we do have an officer here on the matter. Given the time, I'm gonna suggest that we move to the other things, but then if she's not here by the time, we give back around to it. Okay, great. So I can just move to agenda item number seven. Okay, all right, agenda item number seven, taxi cab driver license application number 3744, hearing regarding denial of license. This one is regarding Paul McGovern. Mr. McGovern is here. And so just to provide you just a little bit of background, staff, realistically the clerk gets to decide whether to deny a license or not. And staff met and the clerk denied the license. This is an application for a new license. In her denying it, Mr. McGovern has a right to appeal that to you as a committee and you get to review the denial. And so that's what is happening here today. And staff is going to present their reasons for recommending denial. Officer Stalter is gonna kind of take the lead on that, although on your behalf, I'll ask some questions of Mr. McGovern. Mr. McGovern will also have the opportunity to provide any information that he wishes to. Before we start, does the committee have any questions or concerns that you wanna raise before I ask questions of Officer Stalter of Mr. McGovern? At this moment, no. Okay, so Lieutenant Stalter, if we'll just start out, if you could just briefly provide the basis for the reasoning for the denial of Mr. McGovern's license. Yeah, it's the night of July 21st, 2022. Mr. McGovern was operating as a taxi cab driver when he came across some intoxicated, a little unruly customers that got into his cab and he didn't wanna give them the service, so he kicked them out. At one point, it is alleged that one of those customers reached into his window and struck at him and then in return, he chased down that customer and punched him in the face, giving him a bloody lip. Ultimately, he was charged with disorderly conduct. Realistically, it could have been battery. He had a victim, had a puffy blood lip, but it was charged with city disorderly conduct. And in fact, he has now been convicted of disorderly conduct, is that correct? Correct. And let me just ask you a couple of other questions. You don't have any concern to you about simply his denying service to someone who was unruly, is that fair to say? No, no concern for that at all. In fact, that piece of it would be appropriate if he doesn't wanna provide service to somebody who's being disorderly, that he has the right to do that. Correct. Your concern is, and in fact, even self-defense in the window, you wouldn't be too concerned about him trying to defend himself from someone trying to punch him, is that fair to say? Correct. Your primary concern is the fact that he took it upon himself to chase this person down afterwards and get violent with him, is that fair to say? Yes. And what about that just leads to the concern about whether or not Mr. McGovern would be an appropriate person to hold a taxicab driver's license? My concern would be that he was operating as a taxicab driver. The night this occurred, so he's operating with the city license as a cab driver, and he assaults one of his customers when he should have called the police if he was that concerned and there was a disturbance as he was trying to remove them out of the cabin. Mr. McGovern, I'll ask you a few questions and then we'll give you the opportunity to have any questions if you decide. Mr. McGovern, you've indicated that you wish to appeal the denial by the clerk of your license. What is your basis for appealing the denial? You guys don't have notes on the court proceeding to you. We know that what we have is just that you were convicted of disorderly conduct. Oh, that's all, okay. Yeah, and I didn't pursue him. He pulled me out of the van, threw me to the ground and kicked me before I got up. That was the prosecution witness, what she said, in court. But you were convicted of disorderly conduct. I know, I don't know why. I mean, in the prosecution, the witness pretty much defended me and just bought. I didn't pursue him. He kept coming at me, so that's, I'm not, I mean, this is the first time I've ever done trouble in my life at the age of 56. I've never been to jail. I got a DUI when I was in my 20s, but I got my CDL now, not a good idea. Yeah, I'm not a violent person. The, Mr. McGovern, the arrest was in July and of this past year, correct? And the conviction was in March of this year. Does the committee have any questions they want to ask of either party? So how long have you been in Jackson County? A year and a half or a year and a half, I'd say over and now, but it's not as lucrative. It is relevant that there is a new license that we're dealing with rather than a new one. That's because he did not use the most recent license that he had after this incident, and then he came and applied for a new license. So that's why we're doing the hearing this way, whereas if we were revoking a license, that would be with children here on this day. Because this is a new license, you get to treat it. So I had some too. I did go to the police after I kicked him out and police officers said, can't you see I'm busy? There's two officers there, neither one of them out and that's when, after that is when I got him too. The guy came out and kicked my van, the cab, and it's not my vehicle, if anything happens to the cab, it's my butt. So that's why I stopped, and when I stopped, he punched me through the window. And then pretty much dragged me out and kicked me. I don't see how I, I was the one pursuing him, and that's all in court records. That's all I wanted to see. I have a question. This happened in Sheboygan? Yes. There is a police report, Lieutenant Stelter, that you're working off of, is that correct? Correct. And that rewind where I went to the police, they were standing in front of the door at rewind, they had two cameras right where we were at. I don't know if they keep those kinds of things on record or not, but. Lieutenant Stelter, I think in the police report, there's some indication about the relatives that were suffered by the two parties. Would you believe that to be relevant to the circumstance? Yeah. And I was, I got a lot of information from the viewing by camera footage, which shows the other half of this with the bloody lip and swollen. But yeah, in the police report, it says that he suffered a bloody and swollen. And is there also an indication in there of what injuries Mr. McGovern had, if any? It does say no obvious signs of injuries. My knees messed up for good. When he threw me to ground, I didn't get my knee to reach on my wake-up, now it's in pain. I can usually walk it off, though. Can that appear any visible bruising or rednesses but he's documented in this report first? And in fact, there is a description of what Mr. McGovern told the officer in this case in the second to last paragraph on page three of the police report. It begins around, oh, 400 hours, is that correct? Yes. Would you just read that paragraph? It says, Officer Trzynski was able to locate the cab driver of McGovern and then made contact with him and he told me that he had someone, he had someone contact him for a ride via phone and later said they didn't need him and that he sucked. Paul told me he was driving by Michigan Avenue on 13th Street when two people had waved him over. They stated they had been at Ricky's Bar and wanted a ride. They then said they were going where they were going. Paul noted the address and that who had just declined service to, that's who they had just declined service to. They were sitting in a taxi at this time and Paul told them to get out. They got out but were set. He said Jamal kicked the taxi, said, do you know who I am? Question mark, I'm going to kill you. And then punched Paul in the face, specifically his left cheek. He'll lay through the open driver door or window, sorry. Paul said he then got out of the taxi and punched Jamal in the face. Paul did not appear to have any visible bruising or redness. That's somewhat different than the facts that even Mr. McGovern is providing today, is that correct? Correct. Any other questions from committee members? No, I guess that group. If you have no other questions then basically your determination now is to either uphold the determination of the clerk or to overturn the determination of the clerk. If you uphold the determination of the clerk, he will not be issued a license. If you overturn the determination of the clerk, then she will issue him a license. I am very sorry for what I've never done anything like this before. I'm going to ask another question. I was going to say, I'd like to have some feedback from the police department. They feel like getting Mr. McGovern on. I think that the reason for the denial says it all, we feel that he was acting in service as a taxicab driver under a city tax license and took things into his own hand and should have called the police. That would have been the right thing to do. Thank God. You have a point. I guess if we would deny it, we would leave the possibility open for the future. You can always apply again in the future. I think typically the staff committee looks at gaps in time between violations and always considers that. Obviously, we can't make promises. We've typically, as a committee, you've often said, maybe come back in a year or two, but with no promise. I'm really surprised that nobody looks at my prayer record at all before. Can you tell me when the renewal was versus now applying for a new license? So taxicab licenses expire December 31st of each year. So his last license expired December 31 of, yeah, and I didn't realize it. 22, OK. So then this, that's fine. And then the denial would continue through the end of 24? No, you're just simply denied. It would be upholding the decision of the clerk not to issue a license. He could come back, frankly, he could come back if he wanted to pay for the application. He could come back every week if he wanted to and have a hearing every two weeks here. Obviously, that's probably not a wise thing to do. But yeah, all you're determining is whether to uphold the clerk's decision not to issue the license based on this particular application. What kind of time? Like you can't come back for X amount of time. What kind of timeline are we looking at? Like five or six months or a year? So we can't ever promise that because we can't hold future committees to those kind of decisions. They always have to make them based on the facts at hand at the time that you would fly. But typically, the staff has said come back in a year or two and we'll take a look. I've worked for them for a year and a half. Never missed one single day. I'm a hard worker. What else to say? I'm a good person. And we don't license. We can't. The state doesn't allow us to license Uber drivers. They have their own separate. So the nice thing is I would compare the fact that he's going to work for Uber or continue to work for Uber. That's sort of what you often think of when you deny liquor licenses but allow people to have beer licenses, something less to prove themselves. So I think that is entirely relevant if he comes back in a year or two having driven Uber without any violations. That's probably, I think the committee is probably going to consider that more than if he doesn't. I think there is a reason why Uber is not as popular as because of past things that would happen with Uber and they don't have background checks. And I think people worry about that. I mean, it's not making, what else is it making when I was driving a cab? And Uber, he can go from here to Milwaukee and do Milwaukee runs here. It has a cab driver, you're doing, you're using local people to do the runs. Yes, I will make a motion to recommend the denial as for the license, that's what it's about. With the caveat that he come back in a year or next week and, but again, this committee may be a whole different committee, might be all different people. So you can't, I can't say that that's, but I would consider, I would consider a clean record after that's my motion. And technically the motion would be to uphold the clerks. Oh, okay. Motion is up. The motion is to uphold the clerks decision. Well, I said that the comments are extra. I'll second. Great, so I have a motion second. All those in favor say aye. Aye. Aye. Anyone oppose? Chair votes aye. Motion carries. Thank you. Thank you. Okay, moving on to agenda item number eight. R.O. number 139 dash 22 dash 23 by the fire chief pursuant to section 50 dash, yes. Thank you. Five, six, four of the municipal code submitting a quarterly report showing the benchmark measurements of the police department for the period commencing January 1, 2023 and ending March 31st, 2023. Thank you, chair. So this quarter for the fire department, our call volume was a little less than this time last year. Flex weights, which is normal. We were continuing to, as I mentioned in the previous meetings or quarterly reports, our inspection program is continuing it to increase. So we're over 900 from where we were last year. Basically it, two things are the factor. We started earlier in the year, which we've never done in the past. So, and then we've had unfortunate due to injuries to like the individuals, but on the other hand, fortunately because they were able to do a lot of the inspections. So our training hours are continuing to increase. They're significantly higher than last year at this time because we have a lot more, we're tracking it more. We have a new program that's helping us do this. We're having a lot more training ability since inspections also have been taken away a little bit from the shift just because of our light duty. So it's done wonders for that. And something that you'll notice in the report that's new, we haven't added or really tracked our mutual aid reports as well, so we've really tried to do that. So you'll see our mutual aid received was not accounted for at this time last year because we weren't able to track it like we were. So we're, our program's allowing us to do that. So we did the give ins and such, but not necessarily the received. That means when help comes to us. Be glad to answer any questions if you have any otherwise. Pretty self-explanatory. Good, so your inspections. So what, do you expect like every business or is there a certain criteria like, it's an open business, it's open to the public or any kind of factory or anything like that you do all right? So yeah, we have a little over 2,100, maybe more 2,100 businesses in the city. And yeah, so annually every business. And then we also do the residential facilities that have three or more units. We'll go into the common areas. We don't expect private areas. Okay. Like apartment complexes? Yeah, anything with three or more units we'll go in annually and expect like schools, we try to do twice, hospitals try to do twice. Those large target hazard areas, but we're limited with the staff. Yeah, I mean, yeah, that's a lot to cover. Any other questions? Can we actually move anything? Yeah, so this one is actually on NRO. So what you would do is recommend council accepting. I make a motion to recommend a council accepting file. Second. All those in favor say aye. Aye. Anyone oppose? Chair votes aye. Motion carries. Great. I'll get this, I promise. This takes a little bit. Oh yeah, I'm going to go upstairs. Like, can you both have this for yourself? All right, agenda item number nine. Our own number 138-2223 by the chief of police, Christopher Niemalski, pursuant of section 54-64. Five of the municipal code submitting a quarterly report showing the benchmark measurements for the police department for the period commencing January 1st, 2023, ending March 31st of 2023. Good afternoon. Hi. So you have the report in front of you. I would just point out a couple of things before we start. We reformatted the report a little bit based upon the request from some older people. And then the second thing is we've updated the data set that we're using to report the crime data. So in the past, we reported what's known as summary data. And what I would tell you is that the FBI updated their requirements and forced all law enforcement agencies to start reporting incident-based data. And that had to be done by 2021. So we started doing that in 2018. But when we reported to the council and in our annual report, we continued to use summary data just so we would be comparing apples to apples rather than apples to oranges since it's been five years. We now have five years to use as a comparison. Okay. And so we've switched to that data and that's the data that we're using. Really the differences in the past summary data would be just that it would be less data that we'd be looking at and we would be reporting incidents in a summary is what I would say incident-based reporting was created for researchers so that they have more rich data to do research off of. And so it breaks down more categories in what we have to report. So before we would primarily report eight major categories for crimes against people and four for crimes against person. Now reporting looks like this. So a lot more data. So what we're representing in this report is still condensed down. You can go online and get the rest if you want it but we don't really want to overwhelm anybody. So I think this is what we're giving you. So the highlights of the report for this period, part one crime, there was a slight increase, 175 versus 170 for last year. This is due to an increase in primarily aggravated assaults 31 versus 21 last year. And this would be the result of both domestics and increase in some of the incidents in the schools in that first quarter. Traffic accidents year to date are up slightly 375 to 343 we had a big spike in January but they've been trending down. So I think the numbers are gonna turn off just fine by the end of the year. There was a decrease in involuntary commitments for the year to date in comparison to last year 33 versus 37 which again is good because again they really spiked and we had some, what I would call major incidents in January where all the partners weren't necessarily agreeing on all things we're gonna handle but that seems to have smoothed out so. This past January. Yes. So that's all I got. So if you have any questions about it I have to answer any of that. So now have you started doing work with the mental health experts? No, so we have a meeting. It's either on the 17th or the 19th with the county about the co-responder program. So they put out, you might have read in the paper at the beginning of the year. VistaCare was the primary vendor that they were working with and they had raised a bunch of their prices and then I went open door. They were threatening to close that because they had increased the price so much. So the county put out a new RFP and they recently received all the bids and so we're gonna meet to talk about how to move forward with that. Is VistaCare currently in place or there's nothing in place? Nope, they're still using VistaCare. Okay. Any other questions? Can I get a motion to move to the second file? Move to the second file. Second. Great. I have a motion and a second. All those in favor say aye. Aye. All those opposed? Eight chair votes aye. Motion carries. All right, there we go. I agenda item number 10. Resolution number 323-24, a resolution authorized in acceptance of G3-23, Wisconsin Bureau of Transportation Safety, Bicycle and Pedestrian Enforcement Grant. All right. You're there. You guys have the resolution? Correct, it's attached to here. So I've been doing the grant reporting for the grant that we've been, then we've had for the last two years, it's been the same grant. We started with I believe $5,000 in 2021. We got 15,000 last year and the state's offering us basically 20,000 this year. Pedestrian and Bicycle Safety is a hot topic right now. You know, we've been working not just enforcing the laws, basically doing vehicle stops for violating laws that are aimed towards pedestrians and bicyclists, but also educating drivers as well. As you know, we had two, I believe either late 21 and then in late 22, we had traffic fatality. The first one was at, the one at 21 was at 14th and Michigan where there was a lady crossing the street when it was dark and wet out and then the one at 22 was the one that happened right after the holiday parade when one of the spectators was leaving. And then obviously we had another one with four-year-old just last month. So we like to get the grant to continue that enforcement, our enforcement and education efforts in the community. Okay, any question, Dean? This isn't really part of the grant people say, but this is also kind of including the scooter enforcement somewhat a little bit. That's kind of one thing that some of the scooter drivers, it's a great thing and people really like them. And it's really, I'm not anti-scooter, but I have seen a lot of people not so safe with the scooters also. Sure, I mean, it's something that we can definitely focus on. We primarily use it to augment self-initiated patrols by officers for pedestrian bicycle safety. We can certainly ask the officers to consider scooters there as well. Some of the patrols or a lot of the patrols, we ask the shift lieutenants like Mike to say, or the area lieutenants to say, what's going on in your areas? So Mike's area, it's the farmers market, the 11 amp concert and we use extra patrols along Broton Drive where the kids are hanging out and sometimes driving inappropriately in the parking lots. And then obviously like the noise violations and the speeding along Broton Park and the food trucks on Monday night as well over at the park. So scooters are involved in that too because they're prohibited in those areas downtown on the sidewalks. I would just add to last week we met with Green Bicycle Co and... Company, Heather Cleveland. Heather Cleveland. Some of the other bike safety and awareness stuff. It's to work on ways that we can collaborate and work together to do both education and awareness. Yeah, what is it? Sheboygan active transportation? Yeah, yes. There you go. It was something like that. I think with the new e-bikes and stuff I got through that's another layer of things. There'll be a lot more people. I think we're driving bikes that didn't in the past. Yeah, and I'll say I've seen a big increase in foot traffic with the opening of Blast, specifically talking about my district, right? The opening of Blast and then walking down to the lake. It's like a perfect place, right? People park, but people are coming down that hill they're not really seeing. It's just been, I've seen a lot more people walking. I know normally on Broton you do, but now just going up to downtown. Sounds really good to me. It's warmer. Yeah. I think this is great. I think we'll support this. Yeah. Thank you. Can I get a motion? Two, one, to approve the resolution. To approve the resolution. I'll make a motion to approve resolution. Second. Great. Any discussion? Great, I'm on with the part. All those in favor say aye. Aye. Any opposed? Chair votes aye. Motion carries. Great, thank you so much. You're welcome. All right, agenda item number 11, narrow number 142 dash 22 dash 23 by city committee, license applications, change of premise application number 2805, Blue Harbor Resort. So there's even been an update to the recommendations that I provided you just this afternoon. And as a result of that update, staff is simply recommending granting the change of premise application. So we're approval of the change. Yeah, okay. Oh, it would be, and along with granting authority, but there's no longer the contingency of the changes to the motion. Motion to accept the change of premise application. Second. And grant authority. And grant authority. Okay. So second then. Okay. We got a motion and second. Any discussion? All those in favor say aye. Aye. Any opposed? Chair votes aye. Motion carries. Great. Agenda item number 12, RO number three dash 23 dash 24 by city clerk, so any various license applications? So we're recommending the following and you can take them all as one if you'd like. So we're recommending holding the change of agent application of Justin Colby to replace Chrissy Kaiser as agent for Lush Lounge, ending his being called into a staff meeting to discuss various issues around his eligibility, granting both of the sidewalk cafe permit applications on the arrow, granting the change of premise applications of Godegg in LLC, two applications in Bruhub LLC, granting the change of premises applications of legend Larry's LLC, which is 10 applications, but contingent on their obtaining a valid street festival permit for the dates and location of their applications and then holding the remainder of the application of the staff time to review the applications. Most of the application, this is the first round of the new renewals and with both my staff and clerk staff were out much of last week, so we did not get finished reviewing this. The others are just renewals. They're just renewals, so yeah, we got plenty of time. Okay, I will make a motion to grant and hold as per staff recommendations. Second, wait a motion, second, any discussion? All those in favor say aye. Aye. Any opposed? Great, chair votes aye. Bush carries. Yes, item number six. So Ms. Yerke is not here and because she is not here, you may simply to uphold the clerk based on her affiliation with her. Do you want to hear more? We can do that too, but you knew she didn't bother to show up, so. Want to hear more? That's chair discretion. Oh, okay. Right. I'm good to move forward. There is motion. Okay, I'll make a motion to uphold the clerk's decision being that she has not, did not appear. Great. Thank you guys. Let me get your signature. Great, I have a motion. Second, any discussion? Great, all those in favor say aye. Aye. Any opposed? Great, Chair votes aye and motion carries. Okay, agenda item number 13, next meeting date will be May 24th of 2023, and at a 14 motion to adjourn. What? What? Oh, don't. I was moving forward. So we were talking about the next meeting, and we do have a couple more hearings we're going to need to hold, and we're not sure we're gonna be able to get them in for the May 20, yeah, for the May 24th, which would normally mean then we have to hold them because they are non-renewal of new applications. We would have to get them in at the following meeting. However, the follow-up is going to be on June 14th. And it's not that it's too late. It's that our, we won't be able to, no one in our, well, none of the attorneys in our office are able to be here to represent you because the 14th through the 16th are municipal attorney institute. So we are wondering whether you might consider another date. You could even do it as a special meeting just for those hearings. Could we move it up a week to the 7th? Certainly could. The 7th, the question would be, would you still have, yeah, we would have all the ROs by then, so yeah. With the 31st, yeah. I don't think you'd really, if you do the 31st, you'd want to do it as a special meeting rather because that would be too early to do the regular meeting, which you could do the 7th as the regular meeting in place of the 14th. When it's school up, are you ready at that point? Yeah, it goes back. Does it matter? The 7th work? The 7th of June? Yeah. Yeah, I'll make it. Yeah, I can make that work and then I will, we'll just reach out to Joe and Barbara. Yeah, okay, yeah. So it would just be a regular meeting. It would just be a regular meeting. It actually will be two weeks after the previous meeting. It's just that normally you would have had three weeks and you could have one now though. Yeah, excellent. So we will still have one on the 24th? Yes, that one will still happen. It's just, we don't think we're going to be able to get the meeting to meet all the requirements to have the hearing that quickly. We'll try, but no guarantee. But we won't have one then on the 14th. Right, if you move it to the 7th, you want to have 14th. And that probably works. Okay, but our next meeting date will stay on May 20th. Yes. Great, okay. Then you're good to go. Great, motion to adjourn. Motion to adjourn. Second. Great, all those in favor say aye. Aye. Any opposed? All those in favor say aye. Be adjourned. Thank you. At 455.