 2016 Common Council's order Next I'd like to deviate a little bit of there's no objection and ask for a moment of silence for the make a family for the fire loss and the death of the three children Natalie 11 Carter 7 and Ben 10 our fire department and ambulance and paramedics were called to respond to this incident and They did what they could but they received commendations from children's hospital for their excellent excellent work at the scene Please stand with a clerk. Please read the quote for today It is incredible how much can be accomplished when everyone can do their jobs to the best of their ability Be respected and supported by their colleagues and all move towards a common goal Thank you From the chamber To construct a small Structure under their guidance We have a daily ready mix of people from all the companies called for the roofing, and those engineering in the black stock community. Permits, fencing, scrapping metals, and inspections were all covered by the situation's wagon. Throughout this project Andrew was in charge of leading city permission, lining up donors, funding volunteers to help with the excavation, laying the base, constructing the structure and installing the roof. From start to end, 37 workers followed your time to the project, accounting for 348 total service dollars, and work on the project was all done voluntarily, including help from Habitat for Humanity, Federal Contractor, Indian Hot, and the Boy Scout Troop 804, and the Boy Scout Troop 890. Andrew received his evil rank early in December, and his evil card in honor, Ceremonial Banker, will be held in February. He will be the first Scout in the Troop to earn the human skeleton award in the past 12 years. I would like to also mention that Andrew's mother Renee Sushuk served on the City Council from 2005 to 2007. His grandfather, former Mayor Richard Sushuk, who passed away a few years ago, served as mayor for 12 years from 1970 to 1985. During that time, he had the privilege to recognize the many outstanding Boy Scouts right here at City Hall. I knew that he was joining me in thanking Andrew along with me and the residents of the City of Sheboygan for this contribution to the City's Parks Department. Andrew, do I have a certificate of appreciation? Sure. I'd just like to thank the City of Sheboygan for all the support, especially the Black Sox community for their generous donations, and have that for humanity, for their health, and just the Parks Committee for the help along the way with the Scrapping Local and the Census. Thank you. 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. There are 11 present. Next item is approval of the minutes from our last meeting. Alderman Hammond. Thank you, Mr. Mayor. I move to approve. Second. Thank you for that motion and support. Is there any discussion? Seeing none. All those in favor, please signify by saying aye. Aye. Opposed? Motion passes. Are there any resignations? No. And appointments? Nope. And moving on to public forum? Public forum, we have two this evening. The first one is, Joel, is it John's route? Or Joel, would you please come up? Joel, can I have your home address please? 2732 South 15th Street. Okay, and you'll have five minutes. All right, thank you. City officials have recently decided to reduce the staffing of the Sheboygan fire department by three firefighter positions as of January 1st, 2016. The reduction in firefighters will mean that the fire stations on the far north and far south sides of the city will be reduced to a minimum staffing of just two firefighters per day. This reduction in staffing will affect the services delivered by the fire department. Upon arriving at a fire, the ability of a fire truck staff by two firefighters to mitigate any emergency becomes greatly reduced. In fact, it may even require them to wait for the next fire truck to arrive on scene before they can effectively perform their duties. Many independent organizations have studied the effectiveness of firefighting crews, both the National Fire Protection Agency and the International City Managers Association, independent of each other. Three firefighters per truck to be the most effective and efficient. However, in working to be good stewards of the taxpayers, Sheboygan fire department has worked to become efficient and effective with three firefighters while still maintaining the department's mission to protect life and property. Three firefighters arriving at fires gives us the ability to enter the building and extinguish a fire or remove a victim. Two firefighters arriving alone require them to wait for an additional fire truck before they can enter a home. Why? Because it takes one person to operate the truck and supply water, and two firefighters to effectively advance a hose into a building. City leaders have not only made drastic, potentially life-threatening cuts to your fire department, but done so without researching their decision. The city's own fire chief did not recommend these cuts. No outside study or opinion has been sought by city leaders. Sheboygan firefighters local 43 is performing a study and will provide that to the city, council and taxpayers, and no cost to the city. Sheboygan firefighters local 43 is opposed to these cuts and any reduction in the services we provide. As we continue to gather information, we will release our findings to the public. We urge the citizens of Sheboygan to contact their older persons and ask for these positions to be filled. In 1969, the fire department was staffed with... Next on the list is Sam Walker, and we're just going to check the mic. Chad? And Sam, can I have your address, please? That address would be 2735 North 31st Place in Sheboygan. Twist it a little bit. It's not coming through. Okay, you're good. Just get a little closer. There we go. You'll have five minutes, Sam. Hi, my name is Sam Walker. I'm from Sunlight Books in downtown Sheboygan. We've been here for 34 years, and unfortunately we had some water damage to the store. I'll read a letter from Jennifer Lurkey. Jennifer was a principal architect for Legacy Architecture who wrote to Chad Pellecek, the director of Planning and Development Department. And she states, since Boston Store was removed, Sam continued to have water problems in the basement. On June, or July 13, 2015, the city of Sheboygan had a significant rainfall. Online records indicate an event of approximately two inches. The north and west half of the basement flooded with approximately four and a half inches of water. And the water was so deep that the fire department was called to assist in removing the water before a carpet cleaning company could come in and remove the rest. The owner had to remove approximately 1,900 square feet of carpet, approximately 400 linear feet of baseboard in the basement due to the flooding. Holes were placed in the bottom of the walls to ventilate the stud cavity spaces in an attempt to prevent mold growth. However, mold was identified on August 24, 2015. The gypsum board walls, furring strips and portions of the acoustic tile and drywall ceilings have subsequently been removed. She goes on to say, I have personally visited the site on several occasions. On July 28, the weather had been very dry for the past 10 days. However, there was still water seeping into the basement. This could only have come from the irrigation system that was being used to water the sod in the grassy area to the north. It continues to seep in at the same location. Then Roger Miller from Miller Engineering from Sheboygan visited the site on July 30. Roger was asked to document the topography in the grassy area to the north because it appeared that the new finished grade is pitched directly to the building. It took spot elevations which showed a water flow projection pointing right to the area where the water has been entering into the basement. The grassy area to the north should be regraded so that it is pitched away from the building and yard drains put in. Mike from Superior Waterproofing in Cleveland, Wisconsin visited the site on August 13. He also looked at the topography in the grassy area to the north and confirmed Roger's findings that the grade is pitched directly into the building. He has recommended a basement waterproofing and drainage system for the north wall of the building which will require excavating, waterproofing, backfill and regrading. Sunlight Books has been at this location for 34 years without any humidity or water in the basement. The Boston store structure was built up against Sunlight Books north wall and their roof drainage system to care of any water. You may remember if you entered Sunlight Books from in front of the Sunlight Book store you had to go up three steps to get into the Boston store. When you came out on the north side there were no steps. That meant that there was an approximate 20 inch grade from our store to the north side of Boston store. So when the green space was graded to follow the 8th Street sidewalk there was a 20 inch grade pitch right at our north wall. The north wall acted as a dam and eventually the water had to go somewhere. Unfortunately Sunlight Books lost thousands of dollars of office equipment, office supplies, walls, carpet cabinets and store products. We are unable to use our large room room for events in our relegated to conduct office business in a damp, carpet less environment where several of our staff will not eat lunch in our basement. Thank you so much Sam. Next we'll go on to Mayor's announcements. I'd like to ask Daniel Brady and Danila Page to step up. These two individuals were recently recognized at the last Wisconsin Wastewater Operators Association State Convention. As lead operator Mr. Dan Brady is responsible for the efficient operation of the treatment processes at the Sheboygan Regional Wastewater Treatment Facility, including biological, phosphorus removal and activated sludge treatment processes. The co-digestion and biogas production systems and the biosalids dewatering and drying processes. Mr. Brady is also responsible for guiding and training new operators and other employees and their necessary skills to operate the facility and associated equipment. In addition Mr. Brady serves as the primary lab backup and has demonstrated proficiency and all the laboratory analysis is performed at the facility. Mr. Brady has been an operator with them for 34 years. His extensive operator experience is critical not only to the facility but to the resource recovery community as a whole. He has successfully trained and educated all the current operators in the facility who had no previous wastewater experience or technical education. Each of these operators have in turn achieved their Wisconsin wastewater operators license and are good competent operators. A very experienced and highly respected process operations expertly recently remarked that Mr. Brady has done and continues to do an outstanding job optimizing the treatment processes. It's very exciting to see such low results and high quality affluent. I'm thinking that is he's finding a sweet spot between biop and anaerobic digestion, the pitfalls of reasonable dewatering. Mr. Brady is a great asset to the Sheboygan Regional Wastewater Treatment Facility but also to the recovery community as a whole. He won a lifetime achievement award. You may remember Dale Dorr won that award about three years ago so we congratulate Dan in that citation. Also at that convention Dana LePage was recognized as the first year rookie of the year program. As a laboratory technician Mrs. Dana LePage is responsible for scheduling the sampling and analysis of all routine permit requirements for the regional wastewater treatment facility. All in-house lab analysis and quality control and maintaining laboratory certification. She's also diligently work and is working upon updating and reformatting all the laboratory SOPs. And after a year of serving as a lab tech for the Sheboygan Wastewater Treatment Facility she had successfully prepared and completed the DNR lab audit. We give both of these individuals a hand for their great work. Thank you very much. Next we'll move on to the consent agenda. That'll include items two point through through two point two nine Alderman Hammond. Thank you Mr. Mayor. I move to accept and file all reports of officers accepting and adopt all reports of committees and put all resolutions and ordinances upon their passage. Second. Thank you for the motion and support. Is there any discussion? Just a point of that the one item regarding the sunlight books has been moved to towards the end of agenda so it could be a separate item. That would be item five point one. Seeing no discussion with a clerk please call the roll for passage. I love it. Motion passes. Item three point one will be held for item four point two. Items three point two through three eleven will be referred to various committees. Under resolutions four point one is a resolution by Alderman Bellinger authorizing and advertising for bids for the King Park and DeLand Park Beach Restoration Projects Alderman Bellinger. Thank you Mayor. I would move to suspend the rules. Is there any objection to suspension? Seeing none please proceed. Thank you. I would move to pass the resolution. This is just authorizing the public works department to put out a bid. Thank you. Any other discussion? Seeing none will the clerk please call the roll on four point one. Eleven ayes. Motion passes. Four point two is resolution by Alderman Hammond authorizing and entering into a contract with spectrum lighting limited of Waukesha for purchase of 168 Phillips Guard Co. LED upgrade light kits for street lighting and Kohler Memorial Drive between North 14th Street and Taylor Drive to improve the energy efficiency and that other item came with that. Alderman Hammond. Thank you Mr. Mayor. First I move to suspend the roll. Second. Is there any objection to suspension? Seeing none please proceed. Thank you. I would move to accept and file three point one and put four point two upon its passage. Second. Thank you for that motion and support. Is there any discussion? Seeing none will the clerk please call the roll. Eleven ayes. Motion passes. Item four point three is a resolution by Alderman Hydemon Coth and borne approving the amended grievance procedure HR 130 for city employees. Alderman Hydemon. Mr. Mayor I put resolution on for passage. Second. Thank you for that motion and support. Is there any discussion on the motion? Seeing none all those in favor please signify by saying aye. Aye. Opposed? Motion passes. Items four point four through four point nine will be referred to various committees. Moving on to section five reports of committees. Item five point one is an RC by finance to whom was referred our own number 179 of 1516 by the city clerk submitting a claim from Sam Walker of sunlight books for alleged damages to his property caused by the water from the green space north of the building and recommends denying the claim and to request that the city attorney send a notice of disallowance. Alderman Hammond. Thank you Mr. Mayor. Move to accept and adopt. Second. Thank you for that motion and support. Is there any discussion? Alderman Jose. Yeah I'm going to vote against filing this and take I'm going to vote against the finance committee's recommendation because I think if if the if the shoe was on the other foot and the city had a building and somebody came along and developed the property adjacent to it and tore down a building and regraded the area and left a city building with water in the basement. I think we would be the city would be upset with that individual. Sam has been in business for 34 years and as indicated by the letter there was no water in that basement for 33 of those years and only after the bought what first of all I thought tearing down only a 30 year old building was a terrible move. But I wasn't on the council last year when that decision was made. It's led to water in his basement and I think that you should do the right thing because it's the right thing to do and I think we should certainly when when plans are redrawn we should take the recommendation of the architect to prevent further water damage to his building and I think we should be paying the claim for the damage to the building. I will be voting against the finance committee's recommendation. Thank you for those comments. Is there any other discussion. City Attorney could you explain a little bit about disallowance and what this means disallowance simply means we're denying the claim. It's not necessarily in the process although it puts it in Mr. Walker's hands at this point. We are required to act on it within 120 days and we are within that timeline if we act on it today. Thank you very much. Alderman cut. Thank you mayor. I would just like to say that finance did discuss this in closed session. We discussed this at length. It was unanimous to disallow. Thank you for those comments. Any other discussion. In close session. In closed session. You voted to disallow based on what. He's looking for the city attorney. Sure. Yeah. Just to be clear the vote was actually an open session. There was some discussion in closed session and that's appropriate because there are certain matters that we need to keep in closed session as far as if there is potential litigation in the future. But what I can tell you is that the denial was based on the fact that there appears to be no negligence on the part of the city in order to pay a claim and ask the taxpayers to put the bill. There would need to be some negligence on the part of the city. I'm sure Mr. Walker disagrees with that determination but that's the investigation that was done shows no negligence by the city. Thank you for that explanation. Any other discussion. Seeing none with a clerk please call the roll. Seven eyes and three nose and one abstention. Motion passes. Item 5.2 is an RC by finance to whom was referred. A resolution number one 30 of 1516 by Alderman Hammond authorizing a transfer of appropriations in the 2016 budget to establish an estimated revenue and appropriation for the 2016 Wisconsin justice system improvement. Beat patrol grant solicitation and recommends that the resolution be passed Alderman Hammond. Thank you. Miss Mayor moved to accept and adopt and put the resolution upon its passage. Second. Thank you for that motion and support. Is there any discussion on the motion. Seeing none will the clerk please call the roll. You have an eyes. Motion passes. Item 5.3 is an RC by law and licensing to was referred our own number two 32 of 1516 by the city clerk submitting various license applications recommends that the beverage operators license number 0977 be denied based upon his record of violations related to the licensed activity is record as a repeat law offender and his failure to cooperate with the committee. Alderman Wolfe. Thank you. I moved to the report of committee be accepted under the second. I'm sorry. Okay. Under discussion. Mr. Eugene. Mr. Osbar has been called to committee several times and has not shown up. Thank you very much. Is there any other discussion on the motion. Seeing none will the clerk please call the roll. You love an eyes. Motion passes. In section six ordinances items 6.1 and 6.2 be referred to the public protection and safety committee moving on to matters laid over. Item 7.1 is general ordinance number 43 of 1516 by Alderman Donahue item in board and Hammond and cough amending the supplement to the municipal code as to change the job description for the position of chief administrative officer in the administrative department for the city of Sheboygan. Alderman Heidemann. Thank you. Mayor put the resolution upon his passage. Second. Thank you for that motion and support. Is there any discussion on the motion. Seeing none will the clerk please call the roll. You love an eyes. Motion passes. Next move on to other matters city attorney. Thank you. 8.1 submitting an RO from this by the city clerk submitting a claim from N sitell wireless LLC for personal property taxes paid in error. That'd be referred to the finance committee. 8.2 is a resolution regarding Midwest Midwestern disaster area revenue refunding bond financing for just kids dental. SC project that also be referred to the finance committee. 8.3 is an RO from the city clerk submitting various license applications for the period ending December 31 2016 and June 30 2017. That'll be referred to the law and licensing committee. Next is a contemplated closed session motion Alderman Hammond. Thank you Mr. Mayor. Move the convening closed session under the exemption provided in section nineteen eight five one G of the Wisconsin statutes for the purpose of conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it's involved to it. Herman versus the city of Sheboygan Sheboygan County case number twenty fourteen CV zero zero zero seven five four. Second. Thank you for that motion and support with the clerk please call the roll. Eleven eyes. Motion passes will take a five minute recess and for our TV viewers we do plan to go into open session after the closed session is finished if you'd like to wait a little bit. Okay we'll reconvene Alderman Hammond. Thank you Mr. Mayor. I would move to authorize the city appropriate city officials to appropriate the twenty five thousand dollars necessary and sign any legal documents required to meet the settlement with in the case of Herman versus the city of Sheboygan. Second. Thank you for that motion and support is there any discussion on the motion. Seeing none will clerk please call the roll for passage. Motion passes. Alderman Hammond moved to adjourn. Second. Thank you for that motion and support. All those in favor of adjournment please signify by seeing aye. Opposed. Motion passes. We stand adjourned. Thank you.