 Call to order. This is the 18th regular meeting of the 2011-2012 Common Council and our city clerk Sue Richards will read us our holiday quote of the evening. Thank you mayor What are the holidays? They are tenderness for the past courage for the present hope for the future It is a fervent wish that every cup may overflow with blessings rich and eternal and that every path may lead to peace Thank you, Sue roll call, please belt here Warren here Carlson here Decker here Haman here Hammond here Heidemann here Coss here Kittlesen here Maddachak here Racler here Samson here van Akron here Vanderweel here and Percy here 15 present We have a quorum now if we can all join Alderman versey in the Pledge of Allegiance 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 Scott Looking for approval of the minutes of the former Common Council meeting President Decker We have a motion in a second to approve the minutes under discussion There is no discussion all in favor say aye Opposed Motion carries resignations attorney McLean any No resignations mayors appointments attorney McLean To the honorable members the Common Council pursuant to the requirements of section 7.3 0 the Wisconsin statutes I herewith submit for your approval the list of nominations for election inspectors for all elections in 2012 The aforementioned section of the law stipulates the manner in which election officials should be chosen And I tender my appointments as follows to retain as much seniority and experience as is possible while complying with the state law Respectfully submitted Bob Ryan mayor Thank You attorney McLean looking for a motion to confirm Thank you Mr. Mayor and move to confirm the appointments second. We have a motion in a second under discussion on the appointments We need roll call soon. Yes, please roll call please Born hi Carlson. Hi Decker. Hi homin. Hi Hammond. Hi Heidemann. Hi. Hi Kittleson. Hi Maddachak. Hi Racler. Hi Samson. Hi Van Akron. Hi Vander wheel. Hi Versi Hi and belt. All right 15 eyes Motion carries Turn to McLean this is dated today honorable members of the council hereby submit the following appointment for your consideration David Bevel to be appointed as director of public works upon passage and publication of the ordinance that's on tonight's agenda signed by the mayor looking for a motion to suspend on this Move the suspended rules second Motion in a second to suspend the rules as anybody opposed to the rules being suspended. They are being suspended to Get Dave Bevel in his office Rules are suspended I'd move to confirm the appointment We have a motion in a second to confirm the appointment under discussion. There's no discussion roll call Carlson. Hi Decker. Hi homin. Hi Hammond. Hi Heidemann. Hi cut. Hi Kittleson. Hi Maddachak. Hi Racler. Hi Samson. Hi Van Akron. Hi Vander wheel. Hi Versi. Hi belt. Hi and born. Hi 15 eyes motion carries Do we need confirmation of mayor's appointments? We're okay. We're okay there. Okay. Do we have public forum tonight? Yes, we do Very good. Okay first on a list is milk form If you'd like to come up to the microphone, please if you can get through And milk, can I have your home address, please? 1736 Marvin court, and you will have five minutes. Thank you. I Was going to be a little critical of a few alderman men this evening especially Alderman Kevin Maddachak, but I reserve that and resolution 1840 for another pending court action also 1832 needs public debate and scrutiny This said I'm going to be a bit of more Positive by showing a positive aside of Sheboygan this morning. I found a newspaper article from my sister That she sent me about a year ago She and her husband live in Branson, Missouri the article appeared in the their local paper And it is titled husband hunting Sheboygan a good bet and it's published by the Associated Press Sheboygan, Wisconsin Sheboygan known best for its bratwurst also is among the top spots in the nation to find young wealthy bachelors A new rating says Teasley a New York City marketing firm rated the Sheboygan area fourth in the nation behind number one San Francisco Oakland San Jose, California second ranked Anchorage, Alaska and number three Washington, DC Baltimore, I disagree Anchorage, Alaska is number one and Sheboygan is number two if a single woman and If a single woman wants to be able to afford a house a Household and have a lot of single and has a lot of have a lot of single men to choose from that's the place to be said Brian Teasley president of the firm By some of the areas single women said the rating came as a big news to them I work in a bar and obviously I get hit on but I don't see any rich single men said Jenny The single 23 of Sheboygan a bartender at the Penn Avenue pub That really surprised us with me. I Haven't met any of these men said Abbie how a 20-something single woman from nearby Cedar Grove I think the guys who have this money are the kind of guys who go hunting or small Snowmobiling a lot. They don't come across as somebody who has a lot of money Teasley created the golden Racial for every metropolitan area using US sentence Bureau figures and other factors such as cost of living and the Ratio of single men to single women Sheboygan's golden ratio as calculated by Teasley was additional data from a firm called Geolithic is a hundred and eighty percent accurate Meaning there are 18 single men ages 25 to 34 available for every 10 women in the same age group Sheboygan also ranked first in the adjusted median income where the medium salary is factored in with cost of living If you are a woman who likes football or a woman who likes a rich single man who like football Sheboygan might be heaven for you the report says Really, but you will have to be a Green Bay Packers fan of course Brian Smith of Sheboygan said the number of high end golf courses resorts and pricey Subdivision around Sheboygan County probably figured prominently in the high rating. You've got a lot of classy stuff around here He said and I can attest to that because I came to Sheboygan here in 1957 and I was single out of the army and I learned to bowl with a lot of single guys over at Roots Lane's and You should seen the nice gals that we had in there. Even my wife there was bowling and and and I always found out that the best way to my heart the man's heart is through the stomach and And Most of those women didn't have much money But I found out that my wife had more money than I did so that was an easy selection So I thought I would wish you all a merry Christmas and a happy new year and hope it's a lot of riches for you Thank you, milt. Thank you Milton at a two-to-one ratio. I'm appreciating my wife more and more all the time Next all right next on this is dimple Adams And Dimple can I get your home address, please? 1424 Virginia Avenue Sheboygan, Wisconsin and you will have five minutes. Thank you, Sue and Thank you mayor and thank you Attorney McLean and all of you wonderful council members for allowing me come to speak tonight And I want to wish everybody a merry Christmas and a happy new year before I forget Um, okay, I was here Wednesday night for the committee of the whole meeting and I begged Practically begged to say give me the give us the report Citizens need the report. We need to know what's in that report Because they said the report and investigation was over and of course I was told that we could not do that Well, since I was here Wednesday night, it's dribbled out The committee of the whole votes to meet the mayor's meet keep the mayor's job full-time on Friday December 16 the attorney evidence exists for Brian removal proceedings on Saturday the 17th the attorney said enough evidence exist for removal proceedings against Ryan on Monday December the 19 Update investigators seek to sexual assault charges against Ryan So here we go dribble dribble dribble dribble and then here is this article that I just printed up a few minutes ago That was on the press report online and I cannot believe what all is in there Where is the proof I also have a copy of the police report from Elkhart Lake Where no charges were filed and it was a disturbance and They said everything was fine and the mayor was given a warning and told to go home and if anything else happened nothing was said About a sexual assault fourth degree Being done on some lady at Elkhart Lake. Where did that come from and then we've heard the leaks About the mayor misbehaving on trips Well in this article tonight that I pulled off of the press None of the people that he traveled with Said that he misbehaved They said that he may have had some drinks But that he did nothing wrong in their opinion and did not embarrass the city So where is that coming from? I am saying that if you are going to go forward with this quasi-digital hearing you must do it now You cannot wait because you are tainting the election that's coming up January 17th, this is true Because he's not in a position to defend himself Every person has a right to defend The accusations the innuendos and on and on and on it's gone This has been going on for five months if the prosecutor and the attorney has not got their case together by now With depositions and so forth and so on then they're not going to have it together five months from now but we have Mayor Ryan has a right to defend himself against this witch hunt and that's what it is folks a witch hunt That's going on and another thing. I want you to do is to think about when you decide it to make the city administrator The chief executive officer and then he has to answer To the president of the council alderman decker How does you have a right to do that without bringing it to a referendum and Asking us citizens and us taxpayers. Is that what we want? You know, you didn't ask us. You just decided you're just deciding all of this stuff And now we have two of you that are going to be on the ballot in January and two of you who have a father-in-father-in-law That are going to be on the ballot in January. How can you vote on all this stuff? It needs to be cleared up before the election and with that I will close and I wish you all a Very good holiday be safe Thank you. Thank you dimple Thank you dimple. I wonder if you're available available for speech writing in the future for me next Next would be is it Robert feast Robert if you could come up to the front, please and Robert, can you give us your home address one six two eight sell 13th Street? Okay, and you will have five minutes Okay, so I was gonna come here and talk today and you know, I thought how am I gonna prepare this Am I gonna write something out and prepare it diligently or am I gonna do impromptu and I thought impromptu? I think would be the best because think about what we're doing here. Think about what we're doing in Wisconsin. We don't like the mayor Let's throw him out of office. We don't like the governor. Let's throw him out of office. Remember folks We voted for the people we voted for for a reason I'm sorry while in the Clinton years. I didn't agree back when I was in high school So I'm dating myself a little bit but back when I was in high school Clinton did what he did But that was his private matter. It didn't involve public office. Yeah, you know people do things outside of Their office and they do things that we might not agree with but I ask you all Who in here is perfect? If you are perfect raise your hand That's funny because I don't see any hands raised who are we to throw stones at other people now I ask this very important question. I see everyone in here has the stars and stripes on their desk. Okay What does that symbolize to you? What did our founding fathers come here for? As a teacher as a current serving military member, I'm appalled to see the kangaroo court going on here It hurts me it hurts me a lot to see the city That used to be the number one city to raise a family fighting like a bunch of school children. I Can't bat first. I'm taking my bat and going home You can keep your ball, but I have the bat. Let's see you play baseball now What are we accomplishing by doing all of this now we have an election coming up 17th of January am I correct? Yes, so we have this election coming up How much money is going to be wasted on? This election To do what what are we going to accomplish? Does anybody in here have any better way to run the city? Does any I may not personally agree? I'm sorry if I offend anybody with maybe the way Mayor Ryan does things But you know what I have to look at the picture as a whole and I'm not going to throw stones because my life isn't perfect either Okay, so what what any of you do in your private lives? Should I come to your house and tear down your door and throw it on national news? That's kind of what we've done here now as a teacher. I tell my students look we can't bully people just because we don't get our way We can't do that. What image what precedence are we setting for the children in our schools? And I'm telling you the middle school kids the high school kids the grade school kids. They all know what's going on They're not oblivious to this they may not fully understand But these are your sons your daughters your nieces and your nephews Thinking well if I don't get my way if I stop my feet hard enough I can get whatever I want. It doesn't matter who I heard or who I trample in the process. I Mean really guys we have to figure out as a whole what we want Meanwhile while we're doing all this public wrangling back and forth I live on my street and the city thought hey, this is a great idea. Let's put a new water pipe in Great we need new water pipes in the city My water pipe had been there for over a hundred years and not a single leak But I have a brand new water pipe with brand new fire hydrants Never mind the fact that when the contractor put it in he put some of the fire hydrants on the wrong side of the street Never mind that I couldn't drive down my street for four months because there were holes going all the way across the street Never mind that the emergency personnel couldn't get there and now what as a taxpayer as a citizen I have a street that I could literally put my clothes in my car fill it with water and drive it down the street In time I got to the other end of the block. Guess what I? Would have clean clothes because my car acts like a washing machine. I Have complained to my alderman and said look my street is in disrepair. It has not been repaired and repaved in all of these years My alderman came out and took a picture sent my damage to my car Here to the city and city denied my claim and said guess what we're not going to pay that So now we dig up the street Guess what this year when the plows come through they're not going to plow my street They're going to leave four inches of snow because they can't and why can't they because there's no money in the city To cover repairing my street my sidewalks are level with the blacktop and now it's like a washboard Who's going to pay the damage for that car? Neighbors are complaining nothing is right, but yet we're wasting money going back and forth Let's recall the mayor. Let's oust him out of office. Let's do this. Let's do this Oh, never mind. We're going to hold it now and see the outcome of the election. So Now let's say the public speaks their mind And the public says we like our current mayor Branted this might be hypothetical Because I can't predict the future and I don't think anybody in here can excuse me Robert Would you like your additional minute? Oh, sure the grant the additional minute Go ahead We might not like the the initial outcome, but guess what it is the outcome So does that give us the right to throw stones and say well, then we'll go on with proceedings to remove from office? I ask you that important question. What do the stars and stripes mean to you? Why are we here today and what precedents are we going to set for the people that serve our country and take care of our children because remember Our future begins with change and change begins with all of you in this room I ask you to think twice and Think about our future Thank you. Have a good holiday Thank you, Robert. Thank you next Next would be Sarah Euler Sarah can I have your home address, please? 312, Ontario Avenue. Okay, and you will have five minutes Okay, I'm here to speak I'm wishing you guys all a merry christmas and happy new year And The mayor Bob rine has been doing a fabulous job In Cheboygan He's for the buses. He's He's just been a very good mayor And I think what happened five months ago should be the past because He's been Silver he's been good. He's been a good mayor to the city So I think the past should be the past and what he does now should be what people think about And just to think about that when you Do the reelection of is who's all good for Cheboygan and The mayor Bob Ryan deserve another chance. I mean I'm for him If I can warn you sarah, we are in an election cycle. So you can't endorse any candidates. Okay Yeah Yeah, I guess what happened five months ago I would like you guys to forget and think about the future Thank you sarah Thank you sarah next that would be it this evening. Okay Thank you everybody for speaking Okay under mayors announcements mayors comments First of all, I would like to wish everybody out there Merry christmas. Happy holidays Happy new year. I don't think we're going to be meeting before all those are over Very important time of the year for all of us. So happy new year to everybody. Merry christmas um We do have a primary coming up on january 17th. We have One two three four five six seven candidates running for mayor at this point Just so everybody knows that election is january 17th is the primary election. We have seven people I take that back eight people have turned in papers to this point um The mayoral recall has kind of overshadowed Some other races we have coming up known as the aldermanic races We do have In districts one now we have to All of our districts have changed now So we will have a new map coming out of the We have a new map. We have a new map. Okay It'll be online shortly. It will be online Shortly what it shortly Soon we hope by the end of the week. Okay Uh districts have changed. Uh some ward numbers have changed. Let's all be aware of that Um, but in the new existing map, we do have uh in district one, which is wards one two and three now We do have two candidates toad wolf and denis radke In district two Which is now wards four five six seven eight and nine. You have to remember this is all based on population Uh, we have President alderman joel haman Running against present alderman jody van der wheel So that's the way things shook out with the redistricting both go to alderman Um district three wards 10 11 and 12 alderman versi is unopposed Uh district four wards 13 14 and 15 Alderman samson is unopposed District five wards 16 17 and 18. Uh, this is an open seat that is not filled at the moment We have scott luandowski And billy feal have announced for that District bill district three that's gene c Um, gene are you did you file non candidacy? Yes, I did alderman kittleson has filed papers for non candidacy So it is between those two gentlemen at the moment District six wards 1920 and 21 alderman decker is unopposed District seven wards 22 and 23 alderman hamond Vice president hamond has decided to run for the one-year term Um And there is a vacant two-year term that nobody is running for at all right now In district eight wards 24 25 and 26 alderman boran is running unopposed at the moment Everything in city politics Um Happens in this room happens at the automatic level that happens at the mayoral level Um, I like to see public input I like to see the public interested in what's happening in the city Um, I definitely have plenty of people interested in the mayoral race And I welcome that Um, I would like to see more people interested in aldermanic races Uh, automatic races 20 to 40 signatures can be turned in there's has to be a 20 minimum a minimum of 20 signatures validated The deadline to turn in signatures obviously you have to take out papers first Is 5 p.m. On january 3rd So just so everybody is aware of that Uh, moving on I'd like to address one issue tonight I'm going to speak on this issue now because I am not going to speak on it when it is going to be Discussed by the council This is the issue of the Resolution to suspend the removal proceedings The common council Tonight you are going to be called upon to vote on passage of a resolution this resolution to suspend proceedings Is unnecessary and should be defeated Point of order point of order you don't want me speaking on this Okay, president decker, would you like to take the mayoral chair and allow me to speak at the podium? Steve that would be appropriate unless alderman decker intends to discuss Be debating on this this issue When we come to it I guess now is probably the time would be a time to do it before we get into the actual resolution That's why i'm trying to speak on this issue now rather than during the comment on the resolution So what uh, what are you saying steve? Yeah, uh I guess you can speak at the podium there as uh As elected official I will speak at the podium. I would say though mayor if you're going to be debating When we get to the resolution. I will not be debating when we get to the resolution you need to remain impartial and and Yes, another point of order would probably be in order if you do start Debating when the resolution comes up for discussion. Very good. Thank you attorney mcclean I have a point of order again I don't think it's appropriate for the mayor to discuss to discuss this matter with the potential jury We have not discussed it in public We have gone through our attorney. We are not privy to any evidence Just the report from our attorney and I think it's inappropriate in the event that we go ahead with a quasi judicial hearing That the mayor's that has addressed the jury. I don't think it's I don't think you should be at Addressing a potential jury in this matter if we go ahead Uh, so I I do not think you should be speaking on this at all I would agree with uh, attorney mcclean. Are you you saying you shouldn't speak to this? And at this time under mayors comments, or are you saying that shouldn't speak to it at all? If the mayor wants to hold a press conference with the media after this meeting That's his prerogative. He's talked to the media Over the weekend I've been contacted by the shabuigan press and numerous television stations and I have chosen not to comment on this at all Uh, and I don't think any of the other alderman have because basically we've been under a gig order not to talk And if he's going to be talking to the potential jury Then we should have steven biscupic here to give evidence in the case if that's what we're going to do and go ahead But until that time I think it's inappropriate for him to be talking to the potential jury And if he wants to hold a news conference with the shabuigan press and all of the television stations afterwards I have no problem with that, but I have a problem on the council floor adjusting addressing this issue If I may explain I'm not addressing this issue as far as I am not going to um I'm not going to address address any specifics on this issue My goal is to address this issue to get the council to either move forward with this proceeding In an expedient manner, which is my right Or to not The resolution in front of the council Is to suspend proceedings. That is what I am addressing The suspension of proceedings I'm not addressing any issue I might suggest if the mayor intends to be addressing the resolution that's on tonight's agenda That that those comments be held to the time when that document comes up And at that time Uh relinquish the chair and have your comments, uh, whatever that they might be at that time when the document is before the council and I think that's That's appropriate. Uh I do question whether or not Your comments with respect to a document that's on the council agenda under mayors announcements is really Uh, the appropriate way to go I would say if you're going to be and you've indicated you're going to be addressing the resolution Uh, I think that's fair And I think You can comment on that as long as you would relinquish the chair at the time you do that and during during the Debate and and vote on that resolution Holden reisler Thank you, mr. Chair. I'm going to make a motion that we pull out 1840 forward and second You have to take a vote on pulling 1840 forward As for motion to pull the document forward Now in order to not get involved in the debate may I speak on this issue before we So i'm not in the middle of the debate On this document your honor, I respectfully say if you're going to be discussing this resolution You're The resolution is to suspend proceedings indicated that you wish to address the council about not doing So I think that ought to be Okay, mr. Chairman may I speak now You need to it would be a good idea probably to get the resolution open for discussion perhaps before I get a motion Motion to approve Second by miss mayor Thank you We have we opened up the floor formally Looking for a motion to open the floor to the mayor Second by mr. Mayor. Thank you Can we take a vote on that? I we just got a Of sec first we had a motion and a second. We didn't have a vote on whether to open up the floor I don't believe that's necessary All of them born. I believe you don't open the floor require opening the floor to department heads and to elected officials so Mayor's department Has the opportunity to speak if he wishes well I struck My name is the chairman Again, I vehemently oppose the mayor addressing the potential jury in this case if we go ahead with a quasi judicial hearing What he's talking about is whether we're going to suspend this or not That's entirely our decision that we shouldn't be hearing from a potential defendant In a in a quasi judicial hearing. I just don't think it's proper that he addresses on this issue at all If i'm going to be a potential jury member I don't want to be hearing from a potential defendant in a quasi judicial hearing On whether we should go ahead or not with a quasi. I think it's totally improper Attorney mclan it would it be possible to Get a motion from the floor whether to open it to him or not and based on that vote Well, you could I just don't believe it's necessary. I believe you allow department heads to speak to the council without opening the floor And to say that the mayor can't do that like when other department heads can I don't think it's fair to the mayor and I think This item is on the council agenda for action the mayor I think it's proper to make a point of order for the mayor to step down from the chair and He wants to make comments about this. I think he's got the right to make comments about He is not going to preside during the debate on the the resolution, but I don't see anything untoward with the mayor addressing the council with respect to the resolution that's before the council that's my opinion Okay Mr. Mayor Thank you You are going to be called upon to vote on passage of a resolution This resolution to suspend proceedings is unnecessary and should be defeated To the few of you that it made it that has made it your life's mission To attack me I ask that you now have the decency to either present all of your evidence in a public hearing Or admit that your three months worth of investigation has produced nothing that would warrant my removal from office Now let me explain a few things I do not think the quasi judicial hearing or the move removal process is fair or just But it is better than being attacked by those Whose advance unsubstantiated political innuendo Is out there to do nothing but taint the recall election process The removal process The removal from office process is basically unfair to me, but at least it would be public And would require my detractors to produce real evidence To be held up to the light of day I love this city and the people who live here When I sought the office of mayor, I did so because I wanted to bring positive economic change to this city Over many years, we have lost manufacturing jobs industrial jobs We have lost good jobs jobs that pay enough for our area residents to raise a family own a home Buy a new car every few years And go out to dinner on friday and saturday nights to enjoy life To provide for their children And to pay for college Unfortunately, a bunch of this has changed The small city like ours Must fight tooth and nail for each economic advance For each new good job For each new business I pledge that I would do all that I could do to return this wonderful city to the glory days of the past That is why I am here That is why I am fighting to keep this job After three months of investigation and ten thousand dollars of fees What have you discovered? Nothing I ask you to imagine just for a moment that you are the accused You are accused of wrongdoing and threatened with a trial Only in your trial the prosecutor prosecutor and the jury Have met in secret To plan And to conspire As to what they're going to do to you This is what has basically happened here. It's unfair It goes against everything this country stands for I ask you to imagine for a moment that you are the accused In subject to a process Where the jury Who would decide your fate Consists of the son of a person who wants your job The son-in-law of a person Who wants your job Two other jury members Who are actively campaigning for your job Do you think that jury trial would be fair? Would you be concerned about that jury's decisions? Do you think that jury's conclusion would be based on the evidence? That is The jury Who will decide my fate Would this jury's decision be a foregoing conclusion? I don't know but the deck is stacked against me Four of the jurors have a direct conflict of interest against me One of the jurors has repeatedly made Disparaging public statements against me Another juror has an arrest record Longer than the two pages of allegations against me But that is the jury who would decide my fate Even with all of this I ask I ask that if this is to move forward That all of the evidence against me Be presented immediately And that I be afforded my legal right to defend each and every one of these allegations I find it cowardly to hide behind some document prepared by a lawyer Who was hired three months ago to insist in the investigation of the charges against me And who has produced nothing But innuendo This production of unsubstantiated accusations Is released to the public In the midst of a recall election That will determine my future as mayor of this city The timing of releasing this tainted information Is in my opinion nothing more than a political smear campaign Let's talk a moment about the process to date It began in early august of 2011 with the council's acceptance of a complaint filed by citizen patrick gillett Let's talk about who patrick gillett is He has a political has been order, please None of these folks are the ones that That are on trial or I'm speaking of the person who i understand the criminal order, please who wrote the complaint Then this is an issue that it's going to have to be taken care of outside of this room attorney mclean I'm not sure what the objection is Well I'm speaking the the complaints were filed and verified They I think I think they need to be addressed an appropriate man I don't I don't believe here in a public foreign situation is is the proper way to do it Those those complaints were filed. They were verified By yourself attorney mclean I think it this almost Has a sense of of campaigning this this is attacking the the other folks Is part of this this group here as a council I think if he wants to address the media he needs to address the media on a different time different platform I don't I don't believe that addressing the media. I am addressing the council I am addressing the council I believe That I have a right to speak of the person that filed the complaint against me Who in my opinion did it out of nothing but vindictiveness because as we know When this council deadlocked And could not choose an alderman For an open seat I chose alderman raceler Over patrick gillette and this is the person that filed the complaint This is why i'm bringing this up That's not for the media That's for this council Just for the older persons. I think uh attorney mclean said it earlier If at any time any one of you wants to close the floor to the mayor You feel free to make that motion Motion to close the floor second The motion and the second has been made to close the floor I don't know somebody made a motion and seconded it to and the chair has recognized it so I stay out of it unless It's still a roll call Hi Lauren Hi Carlson Dell Decker Hi Common No Hammond No Heidemann Hi Ka Hi Hiddleston No Manichak No Raceler No Samson Hi Ander I'm sorry Ben Akron Hi Vanderwheel No Versi Hi Eight eyes, seven nose It's been fun. Um, the media would like uh, I will read the rest of this statement after the council Okay, we still have a document on the floor We had a motion in a second to pass the resolution Alderman Hammond Thank you, mr. Chair. I'd like to open the floor to attorney Volkner Second Attorney Volkner We had a motion in a second to open the floor to attorney Volkner all those in favor say aye Aye Opposed Attorney Volkner We have the resolution while The resolution has been provided to each of you that was made part of the public record by virtue of its posting On friday afternoon Rather than go through the specific reading of this particular resolution I think it would be be best if we were to summarize its contents with respect to statutory authority that has relied upon In undergoing removal proceedings that is under section 17.16 of the wisconsin statutes That is a creature of our legislature and duly passed by our legislature and has been the law in the state of Wisconsin for many years We have recognized in the resolution That is the authority by which we will operate under in the event that any removal proceedings are undertaken One of the things that was done early in the process and referenced in our resolution Was the filing of the verified complaint by a citizen of the city of sheboygan A gentleman who's been referenced in the mayor's comments earlier as patrick jillett Mr. Gillette Filed a verified complaint on august 8th of 2011 Which contains several allegations all of which which were specific We filed a second amended complaint again verified On august 19 of 2011 And those two documents were acted upon by this council Early on in the process one of the discussions that took place was Under what circumstances are we going to act under what statutory authority? Are we going to act? Uh, that was determined early on and that that process required in two fold Number one that there'd be the hiring of a special prosecutor And the second of which that there'd be attorneys hired to advise the council as to do process considerations as well as procedural considerations of conducting such a process The council undertook that With the expectation that it would investigate those matters contained within Mr. Gillette's verified complaints and did so by hiring attorney biscupic To serve as special prosecutor in the matter And also to hire of myself to advise the council is to do process and procedural matters And that was passed by the council after several hearings With respect to allegations the resolution Contains factual issues as it pertains to what our special prosecutor in the matter mr. Biscupic actually did That is as he was charged as part of his ongoing investigation into the allegations To determine What matters he was going to investigate those matters are set forth in this resolution clearly And it is not to say that the allegations contained in this resolution are true Not true or somewhere in between The whereas paragraphs that are contained in this particular resolution subsections a Through g Our allegations of those matters That attorney biscupic undertook in his investigation Earlier commentary from the mayor indicated that there Had been no findings Those questions are best left for attorney Biscupic with respect to his specific findings However With regard to the various allegations. I'm not going to address them specifically. They are laid out in that resolution very clearly as to those matters That attorney biscupic investigated during his three month investigation Attorney biscupic began his investigation on september 21 of 2011 Not july of 2011 His investigation as we were advised last week has concluded that is that is contained in this resolution And we were advised as a counsel specifically That his investigation has concluded. I want to stress as part of this resolution And in terms of the procedure that is undertaken That as part of a quasi judicial hearing If a person testifies under the statute with respect to pending criminal matters That person has afforded statutory immunity from prosecution That is section 17.16 Subparagraph seven of the wisconsin statutes a person offering evidence In a quasi judicial hearing whether it be testimony Documents or other evidence pertaining to that particular charge will be given immunity from prosecution and what that means in english Is that that person cannot be prosecuted in a criminal matter? They were to provide testimony in a quasi judicial hearing That is specifically referenced in our resolution this evening With respect to the specific allegations contained in other whereas paragraphs Those matters do not need to be addressed specifically as to what they say the document does speak for itself With regard to some of the considerations of the council These matters were discussed in closed session as well as an open session discussions by this council There is a recall that is pending and that recall is pending on january 17 Of next year. That is a primary recall election There may be a runoff election that will be required for february 21st of 2012 In the event that that is required One of the key components of our resolution this evening is The fact that the common council As judge and as jury of this particular matter Believes following having been briefed by attorney steven biscupic as special prosecutor that sufficient grounds exist To commence a quasi judicial hearing Mr. Biscupic at a quasi judicial hearing would do the following he would provide A prosecution which would include the presentation of testimony documents of other evidence of a great many things Where this council's consideration as the fact finder in that proceeding What attorney biscupic would also do Is to provide Witnesses and a specific procedure would be laid out as to how to conduct that specific quasi judicial Removal proceeding That is a statutory element of 1716 this council reserves its rights Regardless of whether it chooses to suspend or whether it chooses at some point in the future To recommence or Alternatively to proceed with a quasi judicial hearing at any time it sees fit. That is a statutory guarantee And that is up to this common council to decide as to when it may undergo those proceedings Whether it chooses to terminate those proceedings But that is the council's decision that is a statutory and a common law backed theory And when I say common law I mean case law that is addressed in specific case law That is deluca versus common counsel That addresses that very consideration as to how quasi judicial are done and who they are done by We have listened to mayor rines commentary with respect to that proceeding I make no comment and no findings and no I give no opinion with respect to those uh comments other than to say That Removal proceedings are creatures of statute They are creatures of common law They are not made up They are not guessed at they are not Made up as you go along It is a strict Statutory procedure that has been followed to the letter by the council With respect to the resolution itself The common council has resolved as part of this as part of the resolution to suspend The determination as to whether there is going to be a quasi judicial hearing to determine the merits of this case That quasi judicial hearing can be held Following certain statutory time frames having been passed Specifically 10 days after having been served with a verified complaint There may be a quasi judicial hearing However Attorney Biscoupic during the course of his investigation took approximately eight weeks by which to conduct his entire investigation The council after very careful consideration of that issue And to carefully protect the due process and other afforded rights of mayor rine In terms of this proceeding believe it would be inequitable and improper To afford the mayor only 10 days by which to defend himself as part of that process And instead it is altogether likely That mayor rine and his council would be afforded additional time by which to conduct that investigation As to the decision that has been made here The common council in deference to their constituents In deference to the voters of the city of shabuagan In deference to allegations Currently at the shabuagan county district attorney's office And in consideration of the recall primary that is coming up on january 17th have elected to suspend their consideration of a quasi judicial hearing At this time the common council does not as part of this resolution make any factual determinations It does not make any determinations at this time whether a quasi judicial hearing will take place Or whether it is required at the current time, but only to say That the common council does believe that adequate grounds do exist to commence a quasi judicial hearing at this time Thank you. Attorney valkner open floor to any questions vice president hammond Thank you, mr. Chair. Thank you attorney valkner I've struggled with this For the entire weekend of you know stopping the proceeding at this point or at least Asking to stop the proceeding at this point And I guess let me back up You know as far as the comments go that were made earlier I think you know again as we have this debate tonight We have to note that we're all here not because of any action of any of the 15 of us in this room It was solely based off the actions of one individual And that you know he is not the victim in this in this whole thing Many of the claims that were made in this document are substantiated In some of them many of them are not even disputed by the mayor himself, but I still struggle with Do we stop this proceeding or just suspend it? You know I it's now in the voters hands on january 17th and possibly february 21st If the voters say yes, we want mayor rine to continue who are we? To go back and say yeah, but we don't agree with you 48 49,000 other people in the city So I mean I guess I'm struggling with that Maybe you could shed some light on why it might make sense to to suspend versus stop, but Yeah, right now. I'm having a challenge with that. Sure. Thank you Let me address it in two parts with respect to The statutory framework that I discussed earlier that can be restarted if you were to Stop at this time that being said The suspension If you look at the legislative history of this particular statute It's utilized to address situations in which the general voting public cannot either function or as a as a As a creature of something as in terms of oversight And what I mean by that Is that it's possible that at the time we have our recall election That not all of the information that the voting public may wish to consider would be available at that time And that is a distinct possibility given the unique facts and error in this matter that being said If there were to be a proceeding later on There may perhaps And again, there's a certain element of speculation that would go with this There may be perhaps other matters that may surface during that time period as well as further clarification of those allegations that have already been investigated As well as situations That may warrant further consideration The council pursuant to that statute is at liberty To suspend or end or terminate that process at any time it sees fit If upon further consideration of the facts as additional information becomes available The council makes the decision that it was just to terminate at that time It may But starting over And restarting and reinstituting The process could be very difficult and I hope that's responsive to your question Thank you Alderman borne Thank you, mr. Chairman I just want you to clarify something for the public attorney vote and that is On the one allegation here where we have an allegation Of sexual assault and i'm saying i'm stressing an allegation The problem with going to a to a quasi judicial hearing at this time Would be if we called the alleged victim And the alleged perpetrator at a quasi judicial hearing and asked for a testimony During that quasi judicial hearing and then later on the district attorney decided to file charges That means that the the alleged perpetrator would have complete immunity from From prosecution and did I understand you to say that correctly? That is correct. That is Exactly how the statute works Quasi judicial proceedings would involve the presentation of testimony not only from the alleged perpetrator But would also include alleged or testimony from the alleged victim Or various other supporting or corroborating evidence. So that statute would probably encompass that entire Proceeding and would provide the alleged perpetrator with statutory immunity from criminal prosecution. That's correct. Thank you Okay, thank you. Alderman samson Thank you, mr. President. Um attorney valkner. You said can you just Go over again the timeline that we would have if we were to Just wait till the end of the recall election and decided to move forward What kind of time frame we're looking at to the end of the potential end of of the removal process And then the other thing I'd like to ask too is if we were to Just put an end to the process not just You know temporary delayed or anything like that But what types of information if we were to just completely end this right now, what types of information could be released at that point? To answer the first part of your question With respect to the timeline, the statute calls for 10 days. I referenced that earlier However, out of deference to protecting the due process rights of the mayor As a as a property right as a public office There would be additional time that would likely be afforded To prepare an appropriate defense and to prepare Appropriate witnesses documents whatever evidence the mayor and his council wish to present at that point Probably a fair timeline would be anywhere from 30 to 60 days to provide that. I think that would be appropriate That's up to the council to decide that's within the statutory authority of the council However, I think a an opportunity He has to be provided if we allow special prosecutor bescoopic to conduct his investigation over a period of time That it would certainly be appropriate and consistent to allow the mayor to have ample time by which to prepare defense All right with respect to your second question involving the release of specific information I'm not sure I have a specific answer for that question at this point Attorney bescoopic has the specific information and has conducted the investigation. I am not privy to any of that information My role in assisting attorney bescoopic was only to the extent to serve as a liaison To him to allow for documents the possible issuance of subpoenas and other matters My job was not to gather any facts. My my job was simply not To get involved in the investigatory process whatsoever that being said That would be a question that would best be directed to attorney bescoopic in terms of availability of that information I don't know how long it would take to assemble that nor do I know the volume or breadth of what you may have Thank you Thank you Alderman Carlson Thank you I too have struggled with just suspending this for numerous reasons one because we do have a recall election coming up everybody knows that So by chance the mayor does keep a seat We can't really go against what the public says. I mean I that would just be wrong So i'm not really addressing you right now. So but um With that I would like to make a motion to admit the document to uh terminate all proceedings at this point Mainly for the fact that if there is a um criminal investigation and we somehow do fit this in The mayor would have immunity And I I can't really go along with that anymore. So once again, I make the motion that we terminate all proceedings second It was a second Okay motion in a second Any discussion on the amendment amendment only Alderman samson Mr. President then if if the vote then would turn out to uh that we would completely terminate this whole proceeding What would the process then be For the potential release of any of this information because I think a lot of this information that is out there A lot of the voters have the right to know this is I mean We're looking for transparency. That was one of the issues Of trying to terminate or or delay some of this process was to give the information to the voters So then he has his chance to defend they have their chance to To to soak in some of this information and make the decision based on what they know And and again the the mayor debated this earlier that this these these are unsubstantiated allegations So if there is any information out there, then if it's to be made public Then the voters and the voting public can can can be made aware of that and utilize that information to their However, they see fit So what would the process then be if if we were to terminate this would there be a request that we have to make to Through you to attorney bascupics office to release Pieces of information. How would that work? I believe that would be appropriate But I would defer that question that would be something I would have to take a look at in terms of the specific process by which to Dive all of that information. Certainly. I think the council has repeatedly discussed the need for the transparency of the process That is is that at some point What has been found what has been looked at what things have been discovered by virtue of a three-month process The resolution addresses the allegations that were investigated, but not the specific facts whether proven unproven or somewhere in the middle So I believe that It would be appropriate To expedite the release of that information as to what that timetable would be I'm not sure what those requirements would be or the specific time frame. I Couldn't say with any certainty what that would be Okay, thank you Mr. Attorney McLean just a comment on that. I think there's two different categories of Information here and I haven't been party to council's discussions and closed session at all so I haven't been involved in that but From what I've seen in the newspaper and what the indicates in this document Anything that the da would have in his files Uh, I think would not be subject to disclosure pending Because that's an open investigation pending still I can tell you as it relates to police reports when we get the requests for Open records requests when once the investigation has been completed You know unless there's items in there that need to be redacted Uh Basically it's Those records are provided But anything in there that would relate to Still pending charges that the da might be considering Would not be subject to release Okay, thank you All the person kittleson Thank you chairman. I just uh wanted to let council know that uh because I have declared my candidacy here in the National election that I will be abstaining from this document No matter what is decided I will be abstaining. Thank you. Okay. Thank you Any further discussion alderman borne Thank you, mr. Chairman. I'm going to disagree with my colleague here alderman carlson and that is uh releasing information by the special prosecutor Is still in my mind. It's Unsubstantiated just as information that would be released by the mayor The only way that this is going to be substantiated is if we decide eventually to go to a quasi-digital hearing And that's a big if but the only way I feel that the information is going to be verified Is for attorney bascupic to call witnesses and put people under oath Have mayor ryan call his witnesses and put them under oath and then I think the uh And unfortunately, I don't think we're going to be able to get it done before the primary But eventually if we go to that type of hearing that's the only thing in my mind that's going to substantiate Truth in this matter is when people at the hearing Are put under oath and if we get to that process then that's the way I think it should be done I think attorney bascupic releasing information that is from his but Information that's released from his investigation But does not have an opportunity for mayor's council to question that person Under oath I think is uh I just think you're opening up a whole can of worms and if you think rumors have been going around now as they have That's it's going to be a whole can of worms So I would personally like to see if we decide to go to a hearing That's the time for each side to present their evidence of people under oath And then us as a jury have to make a decision But I just don't want things from attorney bascupic coming out or Attorney Darrell without those people being under oath and testifying and then we have to make a judgment based on that. Thank you Thank you alderman born Alderman carlson First for a point of clarification. I didn't say anything about releasing documents. That was alderman samson and then second once again The only way we could proceed with these hearings is if the mayor wins the recall So are you really going to go against what the voting populace here in sheboygan has to say? That's all I have to say Thank you Alderman matticek I just have to echo Towards daryl. Um having the one that actually got most of the signatures for the recall There's quite a few citizens in the city that actually signed the recall wanting the Forceful removal to stop and signed it so that they had their voices heard through the recall So as alderman I have no problem voting against I mean voting for termination of the The removal simply because I overwhelmingly heard from the citizens of sheboygan that they want the council to stop their actions Okay, thank you anything further on the amendment alderman versi Just to Kind of clarify a couple points the the reason there's a couple things I go back and forth on this myself personally because one the citizens need to know What's out there and the only way they're going to get those facts Is through a quasi-ducer hearing everything we know everything attorney biscuit because found are all allegations The only way we can let the voting public know is to have that quasi which we cannot have before january 17 So they're going to be uneducated voters So they're going to be going to the voting polls without all their information That's the problem I have And i'm stuck with this because we can't get it done before january 17th If you if attorney bescoopic releases information like it alderman boring said it's not factual. It's not sworn under oath It could be his allegations what he found Mayor ryan's attorney had no chance to cross examine these people to get under oath that side so We need to get the facts out and that's the problem with this whole process and the timing of the recall election is really hindering The fact finding that we're here to do so I can just kind of throwing that out there that you do need to get the facts Yes, it'd be great to just stop it if we had the facts I'd have no issue with that the facts were there, but we can't get the facts unless we have quasi-ducer hearing So thank you Thank you all the diversity Vice president Hammond Thank you, mr. Chair And I echo to some extent and people in the floor will be shocked that I say this somewhat the alderman versis That unfortunately we don't have enough time between now and then if we want to afford the mayor his time But where I would disagree is I think and again to the mayor's own admission. We know what happened in all cart lake Um So to say we don't know for fact. I think is is uh, a little premature The other things that were uncovered that were referred to the da. We don't have any control over that anyways There's nothing we can do Whether he charges or doesn't charge So in light of the recall coming up and again To argue alderman carlson's comments that if uh, if the city citizens and the voters of shabuagan Knowing what they see in front of them now You know still elect to have the mayor as the mayor Then that's the will of the city of shabuagan and I don't think it's our role to thwart that So i'm going to support, um, terminating the process at this point. Thank you Thank you vice president hammond anything further Okay, we'll take a roll call as amended sue. Could you please uh on the amendment on the amendment On the amendment. Can you the amendment is to terminate all proceedings? And i vote would terminate all proceedings No vote would not The amendment would amend this resolution to say terminate instead of suspend right, but you won't you're not going to be acting on the The whole document yet. You're just changing what's Yep, what's in here then there'd be a Subsequent vote on passage of the resolution as amended as amended So right now we're just voting on the amendment that will change that Okay Roll call, please everybody got it decker. No Hammond Hammond hi heideman. Nope Kaas. No kittleson abstain Maddachak. Hi Brasler hi samson. No then akron. Hi Vanderwheel hi versi. No Belt no boran. No carlsson. I tie volt pardon Seven to seven the motion fails Motion fails we sell a motion on the floor. We still have a motion on the floor To approve The the original motion was to have the resolution pass that would be to suspend It's suspended correct Any further discussion on that Very none roll call Hammond Hammond hi Heideman. Hi Kaas. Hi kittleson abstain Maddachak. No Brasler. Hi Samson. Hi Van Akron. Hi Vanderwheel. Hi Versi. Hi Belt Hi Boran. Hi Carlson. No Decker. Hi 12 eyes two nos one abstention Motion passes Thank you attorney vaultner Alderman van Akron I ask for a five minute for allow the meeting to clear and allow the mayor time to come back. Yeah, we'll take a five minute recess Reconvenient at 825 Yeah, there's like three more cameras Oh, okay for the public hearing Okay, all right All this meeting back into session We have a public hearing To amend the city's Zoning map to change the use district classification of property located at 1426 north east north 28th street From class sc suburban commercial to class mr eight mixed residential 8th district mixed residential eight district Is there anybody that would like to be heard regarding this hearing? Ma'am, please step forward Apologize for the delay Can I get your name, please? Rosemary trester and I live at 2110 north ninth street And I own the property that is adjacent to The property in question 2120 north ninth 2110 oh 2110 i'm sorry Okay, go ahead My question is And this may sound very simple But owning the property adjacent. What exactly does that mean to me as a homeowner? I have our development manager come up chid. Please unless you have other questions All this is is a correction of the zoning map the property that's in question is zoned mixed residential The people have gone forward and tried to get a refinance and under the refinance It came back that that's a legal non-conforming use of that property because it's zoned mixed residential Mixed commercial is that it? Superb it should be zoned mixed residential So all they're doing is rezoning it back to mixed residential as it's been since that property has been built What we think had happened is when the city updated the zoning map in 1996 That property got missed and it didn't convert over to the correct zoning So the people are just asking for a rezone of their property so they can refinance And it's always been a residential property and it'll continue to be residential There's no new development planned It's your question mr. Trester Okay, thank you. Is there anybody else that would like to be heard regarding this hearing Is there anybody else that would like to be heard? Um president decker, can we have a motion? Thank you, mr. Mayor Make a motion to close the hearing second We have a motion and a second to close the hearing under discussion All those in favor of closing the hearing say aye Aye Opposed hearing is closed Moving on to the consent agenda 18 1 through 18 15 president decker Thank you, mr. Mayor remove that all our o's be accepted and placed on file All our c's be accepted and adopted and all resolutions be passed second We have a motion and a second on the consent agenda under discussion If there is no discussion all in favor Sorry, we need a roll call on this roll call, please Hammond Heidemann Koth Kittleson Aye Matachuk Aye Raceler Aye Samson Aye Van Akron Aye Vanderweel Aye Versi Aye Belt Aye Boran Aye Carlson Aye Decker Aye And homin Aye 15 ayes Motion carries Reports of officers to 1816 through 1823 to be referred Resolutions introduced 3 1824 by alderpersons Versi boran heidemann and samson authorizing the city of shabuagan to extend the current hiring freeze until december 31st 2013 alderman versi Thank you, mr. Mayor. I'd like to put the resolution upon its passage second We would have to have a motion to suspend first I believe we don't need a suspension because it's not a What you should or we still need a suspension I have suspend on mine Okay, we don't need a suspension we have a motion to put the resolution upon its passage Did we have a second second alderman boran seconded Vice president hammond Thank you, mr. Mayor. I guess I have some concerns of why this Wouldn't be going through the salaries and grievances for Discussion There are positions that have been created by belt budgets at At least unless there's more to this and that I've seen haven't been dealt with So now we're going to go back to positions that have been created by our latest budget now having to come back to this body for approval And then again, you know, I could possibly support this After salaries and grievances has a chance to take a look at it in consultation with our new hr director And if there are non budgetary position or non budgetary positions created Positions that are not in our current budget And it goes to the proper channels. I might be able to support that but I have a Problem with just going around the salaries and grievances committee on this one Thank you Vice president hammond next we have alderman raceler. Thank you, mr. Mayor. I concur in as the chairman of salary and the grievances I'd like to come back Come there originally I guess. Okay. We did we have a motion on that at all or do we have a I'll make a motion to move second We have a motion and a second to refer this to salary and grievances Alderman van Akron. No good. Alderman versi again. No We have a motion and a second to move to salary and grievances Any further discussion on that motion? Alderman versi I do. Thank you, mr. Mayor One of the reasons why I brought it in tonight without going through Salary grievances was actually two reasons one I see it as a need to keep this Hiring freeze in place even if it's there's positions created. It's in the budget for this year It's not The right to just automatically hire because it's not budgeted for next year the following year after that It's in for this year We need to see a larger budget impact looking out because we need to start looking forward as a city So as far as giving them free rein to hire because it's in the budget for this year I think it should come to the whole body for everyone to hear not just salary and grievance to hear because once this disappears at the end of this month It only goes to salary and grievance for any hires and salary and grievance can go with three people Can pass that position without everybody else on the council knowing Do we really need to rehire that position? Do we can we maybe look at reorganizing that? Outside of dpw and and mr. Bebel already reorganizing that other positions in the city We should also be looking at it as budgetary reasons Do we need to fill that position and also if we do okay comes to all 16? Or how many of our older persons we have at the time to hear the same reason why we need to fill the position? And where is that budget impact going to be next year in the following year for that same position? And then the second part of that was this does disappear at the end of the year We're not going to be meeting again as a council until after this is done Not that there's anything on hidden Which I hope not that's going to happen after january 1st to come through and hire it right away But I just saw it coming forward making sure this is done before the end of the year So the hiring freeze continues on I think it's a wise budgetary constraint To keep looking at all the hires when we hire them whether we I mean we've authorized a lot I mean I've lifted the hiring freeze many times But we had good reason and it came to all of us not just three four or maybe five out of salary and grievance So those are two reasons that I have that forward tonight. Thanks Vice president Hammond Thank you, mr. Mayor, and I can certainly appreciate alderman versi's intent But that could all have been drawn up in a new document referred to salaries and grievance Maybe if if they're concerned about any hires that possibly would be in january in case Until this document gets through salaries and grievance I would certainly I could I would certainly be happy to make an amendment To extend the hiring freeze to january 1st or january 31st of 2012 in order for this to get through salaries and grievances Is that an amendment sure second Okay, we have a motion and a second to extend the hiring freeze to january 31st of 2012 in order for this to be heard by salary and grievances Alderman borne Thank you, mayor ryan. I would concur with Alderman versi and that's why I signed on to this document just because something is budgeted for 2012 Doesn't mean we're going to be able to afford it in june or july And I feel much better having this whole body Have to vote on new hires to just three people on salary and grievance on the salary and grievance committee so I'm not going to support sending it back to salary and grievance. I I don't think it has to I think the intent is there That if there's going to be There there's going to be a hiring freeze and I think it's work I'd work very well up to this point when something has come to salary and grievance and they've recommended That we go ahead and hire somebody then it comes to this body for for final approval But I have a problem with just three people authorizing hiring new people especially in this budget environment. Thank you Thank you alderman borne if I can clarify salary and grievance is it has five people on it Just like all standing committees My opinion is why do you have committees if they can't make decisions alderman van akker? Thank you, mr. Mayor. I too question the the need for this document You know we've had it brought to our attention that three people out of the five Would be making the hiring decisions, but I guess I disagree with that considering that these are positions that are put forth in the budget process these are positions that were created and approved at one time or another It is just filling those back positions. It's not recreating any new positions I think if the departments are going to create new positions They need to bring that to the to the council But as far as filling their vacancies that they've budgeted for that the council has approved creating those positions and through our Approving the table of organizations that are presented to us to just fill those vacancies when they're become available I don't think we need to micromanage to that point. They've gone through the certain processes They've created the positions. We've approved it in the budgetary process We've approved their table of organization if they have vacancies that they need to fill and they have budgeted for that process They should be able to go ahead and fill those positions Thank you. Alderman van akker and attorney mclean Yes, council. I'd just like to point out the one of the city ordinances motions in order during debate Uh, basically it follows robert truce award There's a motion on the floor to refer to a standing committee that takes precedence over a motion to amend So I guess my advice is to act on the referral First and then if that doesn't pass then act on the motion to amend Thank you attorney mclean. So we have a motion and a second to refer to salary and grievances um We will do a roll call vote on that And any further discussion alderman racelers like to discuss it first Just a quick comment I I take no offense that some people don't want to affect the salaries and grievance But I guess I think I've been transparent and anybody wants to come and speak freely at salaries and grievance I I hope I speak for the whole committee that we obviously will hear your concerns and and make a decision Based on your concerns as well. So you're you're always welcome to come to the meeting Thank you Alderman raceler and that's the way it should be at every committee alderman have a right to speak alderman carlson Thank you, mayor If we could I would want to suggest that alderman raceler retract his motion Maybe go with that and alderman hamlin so we can maybe appease more of the group here Extend it to january 31st. So it has time to go back to salaries and grievances Thank you alderman carlson alderman vice president hamond Again, I I'm not saying that the hiring freeze can't happen But I'm just saying I think it should go back Put together a document. I think the process if a position has been funded through our budget Whether it's 2012 2013 2014 if if we as a council have said yes, we need That lawnmower that person to mow the lawn then let dpw hire it. I mean I think the new documents should be Open enough to allow for that. So I think this needs to go back to salaries and grievances and You know if we decide to have a hiring freeze, so be it Thank you vice president hamlin any further discussion Okay, I believe that the motion is to refer to salary and grievances We will have a real call on this and I vote will send a salary and grievances and nova will not Hi dimmond. Nope Coth no Kittleson aye Manichuk aye Racler aye Samson no Van Akron aye Vanderwheel aye Versey no Belt aye Boren no Carlson aye Decker aye Hammond aye and Hammond aye Okay moving on 1825 By alderman versi borin heidemann and samson to reduce the following department's current 2012 budget by two percent wages And benefits and one percent non-wage The current 2012 budget by two percent wage and benefits And one percent non-wage for 2013 Police department fire department department of public works library and transit can somebody explain Alderman versi first is this mean two percent wage and benefits For 2012 and one percent non-wage for 2013. What does this mean? No, this this is coming from our our chief Mr. Modio, this is basically taking a 2012 budget and two percent for 2013 They need to reduce two percent wage and benefits and one percent non-wage So it's not a full three percent which was explained to be my mr. Modio. This is coming through him Their current 2012 budget Two percent wage and benefits one percent non-wage for 2013 which is giving them a whole year to figure out How they're going to do it with discussions with our director modio or chief modio It was More fair to our department heads to have a much longer period of time to work on their budgets versus a month and a half And they're expected to you know pull some miracles out of their their Programs at that time. This is just giving them a much longer time to save time tonight I would probably assume that you want this referred to finance, but I brought it in tonight to be discussed and That's where it is for 2013 budget given them a year advanced notice Okay, my question is Alderman versi. Are you saying that? chief administrative Officer modio has endorsed this yes He has Okay, we need it We would need a suspension of the rules if you wanted to pass tonight or is it going to be referred to committee um, I myself Dealing with director of modio daily Would like to hear his opinion on this before it's passed Alderman versi then in that in that light. I'd like to just refer to finance second We have a motion and a second to refer to finance Any further discussion alderman boring your light is on thanks mayor When alderman versi called me about being a co-sponsor in this document I said I will not be a party to this document unless director of modio is made aware of this And in further discussions with alderman versi. He has discussed this with mr. Modio and mr. Modio was on board with this So those discussions have already taken place with him now if you were party to those discussions I don't know but alderman versi had a consultation with mr. Modio before he brought this document forward and that's why I signed on And another reason why I think this document is a good reason is that Alderman are very often accused of micromanaging the budget This gives those five departments if that's what it is From january until next year for them to decide What they're going to do with their two percent cut in wages and benefits And a one percent non-wage it may eventually come to us But we're not going to be micromanaging for this year coming year for the 2013 budget The department heads are going to have if this passes if it goes to finance and it passes in january The ball is in the courts of the department heads And they are going to come forward with how they want to run their departments with these budget cuts Knowing about it in january of 12 For 2013 so I think this will take away a lot of the accusations That are out there that we micromanage department heads that came down in the whitewater study So this gives the department heads a chance To run their departments the way they want to come forward with the cuts and eventually will approve it But they're going to have 11 months to work on it. We will not be micromanaging. Thank you Thank you alderman boran. My question is we have Steve would you like to Well, I've got a point to to make here The the caption is not the resolution And the resolution says nothing about 2013 it talks about reducing the current 2012 budget by two percent wage and benefits and one percent non-wage What the intent is for 2013 That's not what the resolution says So I think that's One thing if I can point action is not the resolution if I can point out the resolution is the resolved there Thank you, Steve. If I can point out We have signed contracts with transit With the fire department multi-year contracts For the majority of their employees I think that should be known Those contracts were signed in good faith. They were approved unanimously by the council, I believe Now to go and say okay next year's budget We know we signed a contract that gave you x amount, but we're going to renege on that now To me isn't playing fairly alderman Vice president Hammond. Thank you, mr. Mayor. Obviously, there's a lot of questions I have a question where the numbers came came from many other things. I think this needs to go back to finance Let's have the discussion and I agree. We need to start early But I think this needs to go back to finance and I completely concur with Through alderman borne. We shouldn't be micromanaging, but we should proceed. So I'm going to call the question I'm referring it back to finance Okay, we have a motion and do we have a second to go to finance All in favor of sending to finance say aye I post motion carries moving on 1826 by all the persons racelor versi kiddison Kiddison scratched on mine decker and samson Accepting the amendment of the city of sheboygan health reimbursement arrangement agreement with diversified benefit services alderman Uh, kiddison, you're not on this, correct? I'm not okay. Very good Alderman racelor. Thank you, mr. Mayor. I don't think we need to suspend for this one, do we? No, um, I move that the resolution be put upon second motion in a second to put the resolution upon its passage under discussion There's no discussion roll call, please I kiddison ebbstein Manushek, hi racelor. Hi samson. Hi van akron. Hi vander wheel. Hi versi. Hi belt. Hi boran Carlson. Hi decker. Hi homin Hammond. Hi and heidemann. Hi 14 eyes one abstention motion carries 1827 by alder persons racelor versi kiddison decker In samson lifting the hiring freeze in order to hire one superintendent of streets and sanitation In the department of public works alderman racelor. Thank you, mr. Mayor. I'd move that the resolution be put upon its passage second Motion in a second to put the resolution upon its passage under discussion If there is no discussion roll call, please kiddison. Hi manushek. Hi racelor. Hi samson. Hi van akron. Hi vander wheel Hi versi. Hi Belt. Hi boran. Hi carlson. Hi decker. Hi homin. Hi hammond. Hi heidemann. Hi and koth. Hi 15 eyes motion carries 1828 to be referred Reports of committee 6 1829 by law and licensing recommending denying taxi cab drivers license number 6409 based upon his failure to accurately reveal all relevant convictions on his application and his failure to cooperate with the committee Alder person vander wheel. Thank you. I move that the rc be accepted and adopted second We have a motion in a second Under discussion. Sorry. Is kyle cure here? He's not here. Please continue. The committee This is kind of unusual He came he came to our committee the second time we called him We were about to deny him and he wanted to bring forth a Someone to support, you know that he would be the candidate for a taxi cab license And two other times now we've invited him and he hasn't showed up. So we're thinking that maybe he You know doesn't have that person. So we're getting we denied Very good Any further discussion There is no further discussion roll call. Please kittleson. I manachuk. I racer. I samson. I venakron. I vander wheel I ursi. I belt. I boron. I carlson. I decker. I Hammond. I hammond. I heidemann and koth. I 15 eyes and 1830 by law and licensing recommending denying beverage operators license number 8 4 1 5 based upon her failure to Accurately reveal all relevant convictions on her application and her record of violations Related to the licensed activity all to person vander wheel. Thank you. Move the rcb accepted and adopted second Please continue. It was uh calitha polls in here tonight She is not here. Please continue. She had quite a few violations and two of them were of this year including underage drinking and Disorderly conducts. So we moved to deny I Very good any further discussion There's no further discussion roll call. Please madachuk. I racer. I samson. I venakron. I vander wheel I ursi. I belt. I boron. I carlson. I decker. I hammond. I'm sorry. Hammond. I Hammond I just getting white Heidemann koth. I and kittleson. I 15 eyes motion carries Reports of committee 7 1831 by salarie and grievances recommending filing general ordinance number 52 11 12 by Alderperson's racelor versi kittleson samson and decker amending the municipal code so as to add a position to the To of in the department of public works for the city of shabuigan Alderman racelor. Thank you, mr. Mayor. I'd make a motion that we file second We have a motion to accept and adopt and file correct just file just file In a second under discussion There is no Discussion all in favor of filing say I Opposed motion carries 1832 by salaries and grievances submitting a document entitled Proposal to reduce the size of the shabuigan common council down to eight alderperson In recommending that the document be addressed by the full common council Alderman racelor. Thank you, mr. Mayor Regarding this document, I'd like to make a motion that we move forward with this plan And draft the appropriate ordinances to put it in place the one thing that I would like notice that the the per diem in essentially Paragraph number four would be for anyone on citizen on the five standing committees Okay, we have a motion To move forward did we have a second a second we have a motion and a second under discussion Alderman carlson Thank you, mayor Once again, there's something else tonight that I strongly oppose It's already been stated a few times tonight that There there's concerns about leaving the decision-making for the city up to a Possibly only three alderman and accounts in a committee three out of five can make those decisions So what are we going to do when we have a council of eight? And a mayor's position that we have reduced their powers We're we're centralizing more power to less people in this city I I think that's wrong that goes against I I don't know the democratic process And you may all recall we just went through a budget cycle not too long ago And I'm going to really try not to offend anyone so I apologize if I do But I remember sitting in meetings after meetings Where just a few ideas were thrown around and there there's a good number of people partaking and throwing ideas out But there's also a good number of people just sitting there. There's also a few people out there Just voting no on everything just to save face So once again, what's going to happen when we only have eight people on this council? granted you You want to have the trust and the belief that the voting populace is going to get eight Qualified well-spoken intelligent people an office That's not always going to happen So do we really want to centralize power down to five people in the city five? And then this is not maybe not a huge issue for some but there's the The issue of just city events engagements not at not not everyone on this body is able to make every event Once again, we cut it down to eight. What's the level of involvement going to be and I think that's important Not as important as some of the decision-making's in this council or in committees But once again, we need to be out there showing our face And then I'm going to close with maybe two things that were addressed or that I that I heard in the in the committee meeting They they mentioned cost savings it'll be minimal eight to ten thousand dollars possibly after cutting the council down by eight raising the salary by what two thousand was it Roughly and then paying per diem to citizen members That's the savings are going to be minimum at best So I'd rather put a proposal out there to cut our pay by five hundred dollars a year That'll save eight thousand dollars a year right there. So to try to talk about cost savings I think is ridiculous And then efficiency And if we want city government to move efficient more a little bit more efficiently Let's cut down half the side half the number of committees that we have That'll help speed up the process And maybe just Get or maybe not get rid of all of them but take away like for example, I'm on the architectural review board I know nothing about architecture. I can tell you it looks good, but do I really need to be on that committee? No We have a qualified I'm not gonna lie. I'm gonna be honest here we we we have Employees on payroll here in the city. We'll keep that in mind next time I've only missed one meeting I'm there And and I and I and I talked in those meetings But once again, we pay employees a lot of money to make these decisions So if we want to talk about efficiency, let's just cut the number of committees down But once again to centralize power to eight I don't even want to say eight five people Once again, because the mayor's role is reduced with the chief administrative officer Five people running this city. I think that's wrong Thank you all to me Carlson Vice president him It's hard to pass up because I don't know anything about architecture either Um, I kind of echo some of the concerns other than Carlson has probably not quite as eloquently, but uh, you know I'm kind of concerned that with the number of committee assignments we have and and Maybe I think a review of all those committee assignments needs to happen. I know it happened once in the past, but There are a lot of them, but I have the biggest concern about a smaller number of people Um, you it's very easy for a smaller group of people to kind of influence the entire council then Um, I think if we're going to go this route and I I appreciate uh, alderman reseller's efforts here Um, then maybe this is one of those things that needs to go to a referendum and let the again the voters decide whether what the size of their council is Um, because just to I I have a hard time Thinking that the the voters might want only one person in their district representing them. So Thank you. Alderman vice president Hammond. Um, you know, in my opinion, there really is you're not going to uh, Glean any cost savings by reducing the size of the council decisions should be made Um, what it's going to operate in the most efficient manner Um, and in the most democratic manner is that eight or is that 16? How are things going to get done put it that way? um, that's should be the the mindset of In this whole in the whole scheme of things $10,000 one way or the other Um, is is is not going to make or break the city budget Alderman van Akron Thank you, mr. Mayor I'm gonna certainly echo some of the statements that have been made already Is my concern that we are constricting public input and public involvement in the ability and the opportunity to get involved in city City politics. I think we encourage that. I know I encourage that I want more people to get involved than than what they do I think by doing this you're you're certainly Limiting the opportunities for people to get involved going forward. So that that's my main concern I also do have concerns about the committee involvements that really isn't in it Is it not expressed in this document? It doesn't explain how eight people are going to attend all of those committees and so on I think you know the idea of moving forward with something like this without having that all laid out and Really expressing how that's going to work and how many committees we're going to have or not going to have Is foolish. I guess I would rather us not move forward with something and then try to figure out how to make it work later We need to have those details here in front of us and we don't so I can't support this again I don't want to see limited opportunities for people to get involved and I certainly have some concerns about the logistics moving forward Thank you, Alderman van Akron. Once again, Alderman racelor Mr. Mayor, I appreciate all the support. I'm feeling the warm and fuzzy I I know beauty when I see it so I guess I'll point to a couple different things number one the whitewater study basically Kind of led me down this path I didn't just pull us out of the air and decide one day that I thought we should cut it down to eight and we could save money but So I guess there's some history behind it. I think they did some comparisons for other Communities our size and hey if it's working other places. I can't believe we can't I guess And I need a little bit of help here, but 45 hundred dollars times 16 alderman is how much for a budget of 60 70 thousand And if we could save 10 to 20 thousand dollars out of that budget That's like a 10 15 20 percent something like that I think if we ask everyone to save that amount of their budget we really would have no problems So I guess this is our way of saying we can take the first step to saving money And and saving some of the money out of our budget as alderman And then I guess I look at I I understand alderman van akker and your your concern for the public involvement But I look at an open seat over here that we didn't approve for an alder person Which is a Another story that I won't get into that. I'm very disappointed in And then I look at an open seat in a district right now that we don't have anyone that's filling So to say that we have all these people that are just swarming to do this job I don't think that we do and I think that By reducing it down we would actually have a little more competition for people that desire to do the position and not just Like I said unfilled seats. So I I didn't just pull this out. I did put a little bit of thought into it and Like I said, I think it if nothing else It needs to be brought up It needs that's why I wanted to bring it forward So we got it out of the way right away And we can move on with it whether we choose to reduce down or we don't But we at least need to know the direction We're going to go in we got information from the whitewater study And that's one more piece of the thing puzzle that we can put on the shelf and say We went there. We looked at it. We don't agree. We're going to do it or we agree. We're going to do it And and we move forward. So appreciate everyone's discussion and getting us through in a timely manner Thank you alderman raceler you know one thing I can say in one of the Studies that we did we we took a trip to minnesota and we went to three different cities there um in their Operations, uh, they had five Board members in the city And they seemed to run pretty efficiently so Alderman person kittleson. Thank you mayor. Thank you And I guess alderman raceler said many of the things I was going to say We paid 18 thousand dollars for a study and the it it says the recommendation is to reduce the size of the council and Reorganize its committee structure But it is something that requires careful analysis before implementation And we expect it would take some time to implement major structural changes And so therefore I you know if if we didn't go forward with this We need to at least go back to strategic fiscal planning committee and and maybe look at all of this and and start studying at You know what their recommendations were and and I would hope that at some point that we could do that And as alderman Raceler pointed out you you went through the districts tonight most are unopposed so um even Cutting down the council to eight people. I don't think that that is such a bad thing to do But maybe it does require some further study at strategic fiscal planning. Thank you Well, I think part of the non-interest right now are the the times we're having in the city Which is why we're not getting a lot of response alderman borne Thank you, mayor ryan It was kind of interesting kind of interesting the whitewater study came out and They wanted to hire everybody in site that was going to cost us 80 to 100 thousand dollars with salary and benefits But yet they wanted to count cut down the council Where where you said in the scheme of things mayor 10 thousand dollars one way or the other isn't going to make any difference But they wanted to hire everybody in site a new hr director a new city assessor All big dollar items. They wanted us to hire those but yet they wanted us to count cut down the council I heard loud and clear last year when this first came out from a number of my constituents when I was over at Kindercare in the south side dealing with a cottonwood problem That my constituents said to me loud and clear alderman borne If we don't like the way you're voting we're voting you out of office And we cannot vote public members out of office And I'm very concerned whoever whoever made the concern before About having three alderman on a committee two public members And again whoever the mayor is That mayor being able to stack the committees a certain way. I'm very very concerned about that Right now. I don't think the system is broken And I can only speak for our district right now the fourth district I think alderman heidem and I are doing a good job of representing those people when i'm on a vacation He pinch hits for me and likewise if there's an event that I can't make or a committee Meeting that I can't make he pinch hits for me and I try to do the same thing for him So I think the system is working quite well at least in the fourth district. Thank you Thank you alderman borne alderman carlson. Thank you mayor A few things I keep hearing about this whitewater study I can gladly say I wasn't on the council and approved spending the 18 000 dollars for that So I keep hearing the recommendations from that whitewater study I'm pretty sure that study said that our residents didn't want to pay Any more money for the service We just added For any services. I mean, that's what most people say and I'm pretty sure it said something in there about that Didn't we just had a garbage fee? So that went against what the study just said the study said that our residents are happy with our ambulance service Why are there people continually trying to cut it? People are happy with the level of police service. We have once again. Why are we trying to cut it? So if we're going to go by the study, we have to follow all of it And if and if we're going to listen to this study, I'm pretty sure maybe I don't know an hour ago We just voted to suspend the hearing for the mayor instead of ending it Ignoring pretty much ignoring what's going to happen in the recall election So how can you listen to this study but not listen to a recall election? And if and I know we said it's not a big deal that $10,000 once again I'd be willing to take a $500 pay cut that'll save $8,000 Thank you alderman carlson all the person kath Thank you, mayor ryan. Um, I'm actually in agreement with eight alderman just not the pay So instead of having this go to strategic fiscal planning or possibly have it go there I'm just handing it to a committee of the whole and hashing it out there Thank you all the person kath Once again, uh, vice president hammond. Thank you. Mr. Mayor. I'll call the question Okay, call the question. Do we have a second or calling the question? Second Second or the third? Okay We are under discussion now. It's just on calling the question Do you have a response on calling the question? Yes, I just want a clarification on the vote structure for changing this Is it a straight majority or is it a two-thirds vote from the city attorney? I'm changing the size of the council No, all of them an acronym. I believe just majority vote But I guess uh what I would like to know is Well, this we have a we have a motion right now to refer it to the no, we don't we are just voting Okay, I guess what I would Way, I understand it the the motion is to draw documents to move forward To move forward that would then be Come back to the council and as formal ordinance changes and so forth. This is just kind of a a guide if uh, if you decide to This is what you want to do That you would not be cutting the size of the council by this vote So this is just one of these votes that might move it along a little bit. We won't actually do it Okay any further Vice president himond. Thank you, mr. Mayor I actually would like to resend my motion to call the question and move that We refer this as salaries and our committee the whole Okay Do we have a second on that? second We have a motion a second to refer to the committee of the whole rather than to call the question Alderman borne the chairman of the committee of the whole I think we've had a pretty frank and Frank and open discussion about this tonight. I don't know what more we're going to accomplish at At salary and I mean at committee of the whole if there's any other alderman and they haven't made their comments on this Tonight, I wish you would do so and that would save going into the committee of the whole I mean if that's your wish, I'll do it in january But why not we've had a pretty good discussion so far if there's any other alderman that want to win Please do so and we can we can vote on this tonight. Thanks Thank you. Uh now president or Attorney mcclean, please um Yeah, I just wanted to Correct myself to alderman van Akron's point I didn't bring my notes with me On this but I do think that when comes to acting on a res an ordinance to change the size of the council I do think it's a two-thirds vote Oh, I I brought that up at salary grievance I had my notes there and I don't know if anybody at salary grievance that was there remembers me saying one way or the other Unfortunately, I didn't So just to clarify this is just to have something drawn up But however the finalized vote would require you believe a two-thirds vote to pass, correct? He asked if this is just to authorize drawing of the documents it would need a two-thirds vote once the documents are drawn Right, right But right now we have a resolution Or a motion in a second to send it to the committee of the whole but the chairman of the committee of the whole Doesn't want it there I mean if that's the wishes of the alderpersons, but we've had a pretty good discussion so far Why don't we continue it from the other alderman we haven't heard of and then do you withdraw the Motion, okay, so that new information from attorney mclean. I would just Call the question again. Okay. We have a call the question alderman heideman. Would you like to speak on this yet? No, but I was going to vote against sending it to committee of the whole and I'm not going to support this document So you're going to owe my vote right away anyway Okay, so we are going we have the question called anybody opposed to the question being called Okay, the question is called Roll call vote and I vote will say to move forward and explore this with the understanding the documents would be drawn up It would have to come back to council and let the a two-thirds vote of the council a no vote would Kill alderman racelers warm and fuzzy feeling that he has Okay, man of check no racer I samson hi san akron no Vander wheel no versi hi belt no boron Would you clarify the vote again? We're just moving that moving the thought forward and drafting authorizing drafting appropriate documents So a yes vote would be to move it forward to draft documents to come back to council. Okay. No Carlson no Decker no Haman hi Hammond no Heidemann Are you sure? Cough no kittleson hi Five eyes ten nose joke just for the record. Can you see I once I don't think I've ever heard you say All that sounds not gonna say that Yeah I don't know how that sounds they got a very unique noob, but you know, I don't think I've heard Anyway, thank you everybody on that one moving on So what was what was the count on that one? Motion fails Okay I lost my spot 1833 by salaries and grievances recommending approval of the department of public works reorganization and strategic plan So I'm a home and raceler. Thank you. Mr. Mayor. We'll try again. Hopefully a little more success Motion to accept and file second Accept and adopt Motion to accept and adopt second under discussion This is a good plan a new organization for public works streamlining everything Vice president Hammond Thank you, mr. Mayor. I would I guess at the risk of Taking somebody else's thunder. I would like to thank Director Bebel for this. He put a lot of thought and insight into this into the restructuring And this is exactly the type of things we want our department heads doing as we go forward And I know many of them are working on things very similar to this. So again kudos director Bebel for that. Thank you very much Thank you vice president Hammond, and I I concur with you on Director Bebel's actions here alderman Heidemann Thank you, mayor. I also want to concur with that Nice work, Dave. We appreciate it the public works committee all the fine things that you're doing and a question You didn't use the survey at all, did you? Joe does this mean you're just does this mean you're going to say I on this one? Is there any further discussion Okay Oh We got it all the diversity. Thank you. Sorry. I didn't see your light there if you turned it on enough Director Bittner on this one Sorry, Dave And actually kind of going back to the two percent wage cut and one percent non-wage He's actually already done that so with that resolution if it gets passed dpw is already done He's done beyond what we're asking for the other department So it's actually that resolution that I brought in is not going to affect dpw in one way So everyone's clear on that one, but thanks again Dave for that great reorganization Okay, thank you alderman versi. Is there any further discussion? All in favor say aye Opposed motion carries Okay Moving on to ordinance is introduced 10 18 34 by alder persons racelor versi Kittleson decker and samson amending the municipal code So as to change the job descriptions For the positions of fire chief and deputy fire chief in the fire department alderman racelor Thank you, mr. Mayor. I'd move to suspend the rules, please Second we have a motion and a second to suspend the rules. Does anybody need an explanation or is opposed? Rules are suspended. Thank you. I'd move that the ordinance be put upon its passage second Motion to second to put the ordinance upon its passage under discussion alderman racelor Thanks and fear of jinxing it. I will just thank the fire chief for his efforts and Work that he put towards this Thank you alderman racelor and thank you chief herman any further discussion There is none roll call, please racelor Samson, hi, then akron. Hi van der wheel. Hi versi. Hi belt. Hi boran. No Carlson. Hi decker. Hi Haman. Hi, Hammond. Hi. Heidemann. Hi Cots. Hi Kittleson. Hi and mana check. Hi 14 eyes one motion carries 1835 by alderpersons racelor versi kittleson decker and samson amending the municipal code so as to delete the current streets and Sanitation supervisor and create the job description of streets and sanitation superintendent In the public works Table of organization alderman racelor. Thank you. Mr. Mayor again. I'd move to suspend the rules, please second Motion and a second to suspend the rules any explanation or opposition Rules are suspended. Thanks. I'd move to put the ordinance upon its passage second motion a second to put the The ordinance upon its passage Under discussion There's no discussion roll call. Please samson. Hi van akron. Hi van der wheel. Hi versi. Hi belt. Hi boran. Hi. Carlson. Hi decker. Hi. Hammond. Hi Heidemann. Hi koth. Hi kittleson. Hi mana check and racelor. Hi 15 eyes motion carries 1836 by alderpersons racelor decker kittleson samson and versi repealing and recreating subsection 2 397 b of the municipal code relating to the appointment of the director of public works alderman racelor Any explanation or opposition to suspending the rules If there is none, please continue. I'd move that the ordinance be put upon its passage second Under discussion Motion and a second vice president hamlin. Thank you. Just a point of clarification. I notice here It says appointments made on or after july 21st, and it would be an at will appointment Obviously, uh, director bebel was put on before that. Is that mean his appointments at will or is he? Five-year appointments But um, I believe that this was uh The appointment letter does not have any term in it It doesn't have a term Right, right. Yeah, there is no term. It's an at will employee Any further discussion? There is none. Thank you vice president hamlin Real call, please Ben akron. Hi Xander wheel. Hi versi. Hi Belt. Hi boran. Hi Carlson. Hi decker Haman. Hi. Hammond. Hi. Heidemann. Hi. Cotts. Hi. Kittleson. Hi. Manichuk. Hi. Racelor. Hi and samson. Hi 15 eyes. Motion carries 1837 through 1840 to be referred Matters laid over 11 1723 Our own number 292 1112 by the city planning commission recommending amending the zoning ordinance to establish the use district classification of property located at 1426 north 28th From class sc suburban commercial to class mr eight mixed residential Eight district We have the hearing on this earlier. We need a motion to be planning alderman samson. Thank you, mr Mayor, I would like to move that the ordinance be put upon its passage second Okay, and we need a uh, accepting file that the R.O.B. Accepted and filed in the ordinance put upon its passage In the second Under discussion There's no discussion roll call, please Vander wheel. Hi versi. Hi belt. Hi boran. Hi Excuse me Carlson. Hi decker. Hi. Hammond. Hi. Heidemann. Hi. Cotts. Hi. Kittleson. Hi. Manichuk. Hi Brasler. Hi samson. Hi benachron. Hi 15 eyes Motion carries 1743 our own number 293 1112 by the city clerk submitting a communication from the residents of settlement trail thinking the common council And the members of ppns for providing their neighborhood streets with lights President decker. Thank you, mr. Mayor I move to accept and file second Motion in a second to accept and file. I'm sure Alderperson kittleson under discussion. Thank you. I just want to say that we're very happy that Folks out in settlement trail have have lights and uh, that it's all working real well for them They have a nice a beautiful neighborhood out there and it's lit up now. So we're grateful Thank you. Alderperson kittleson any further discussion There is none all in favor say aye. I post motion carries Other matters authorized by law. Does anybody like to reconsider 1841? No, okay Pass on that one Moving on to other other matters attorney mclean 1842 is an hour away the city clerk submitting various license applications with a period ending june 30 2012 and june 30 2013 That would be referred to law and licensing And 1843 is an hour old by the city clerk submitting an application for a private well permit for jerald That lies over We have a motion to adjourn All right, motion to adjourn in the second. Uh, mary christmas and happy new year's once again everybody Thank you. We are adjourned