 I'd like to call the 18th meeting of the 2014-2015 Common Council to order. Would the clerk please read the quote for today? Thank you, Mayor. From all of us at the city, we wish you peace and joy this holiday season and throughout the coming year. Thank you very much. Would the clerk then please call the roll for the meeting? You're at 13 present. We have three excused Alderman for the meeting tonight, Alderman Vanderweel, Alderman Dassler and Alderman Carlson. Please stand and join me in the Pledge of Allegiance. 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. Next item on the agenda is the approval of minutes from our last meeting, Alderman Hammond. Thank you, Mr. Mayor, move to approve. Second. Thank you for that motion and support. Is there any discussion on the minutes? Seeing none, all those in favor, please signify by saying aye. Aye. Opposed? Motion passes. There are no resignations or no council appointments for confirmation of council appointments. All the city attorney. Thank you, Your Honor. This was brought in at the last council meeting. Hereby submit the following appointment for your consideration, Jean Clayunas to be considered for appointment to the board of police and fire commissioners to fill the unexpired position of James Pragots whose term expires on 422, 2019, signed by the mayor. Alderman Hammond. Thank you, Mr. Mayor, I move to confirm. Second. Thank you for that motion and support. Is there any discussion? Would the clerk please call the roll then for passage? 13 ayes. Motion passes. Next item is public forum. Yes, we have one this evening. Mike Burnett, would you come on forward? And Mike, can I have your home address please? 1925 Salt 26th Street. And you will have five minutes, sir. All right, Mike Angle. Congratulations on your armory. Start off with that. Five passes gotta be built and it's gotta be built. Nothing you can say. Why is it gotta be built? What do you mean why is it gotta be built? It's a bypass. Gotta build bypasses. You were quite entitled to make any suggestion or protest at the appropriate time. Appropriate time? The first I heard about it was when a workman arrived at the door yesterday. I thought he'd come to clean the windows. He told me he'd come to demolish the house. He didn't sell me straight away, of course. No, first he wiped a couple of windows and charged me a fiver. Then he told me. But Mr. Depp, the plans have been available in the planning office for the last nine months. Oh, yes. Well, of course, as soon as I heard I went straight round to see them. You hadn't exactly gone out of your way to call much attention to them, had you, like telling anybody or anything? The plans were on display. On display? I eventually had to go down to the cellar. That's the display department. With a torch. The lights probably got so had the stairs. Did see the notice, didn't you? Oh, yes. It was on display in the bottom of a locked filing cabinet stuck in a disused lavatory with a sign outside the door saying, beware of the leopard. Ever thought of going into advertising? The idea. How much damage this bulldozer would suffer if I were to let it roll straight over you? How much? None at all. Bye. I didn't really sign up to talk about the armory thing. What I talked about was $57,000 for $56,500 for two HD video cameras. Mike, could you use the mic, please? Excuse me? Use the microphone? Use the microphone. Okay, sorry. What I signed up to talk about was two video cameras for, I'm forgetting the price on it, $57,000. And I'm like, I can't even imagine what that is. And I have a little knowledge of this. I worked with the A college football unit for ABC Sports hooking up and doing broadcast games. This is an insanely expensive piece of equipment by any means for our local public access station. I kind of have an idea of maybe where you're going with it, but not really. It's kind of crazy, but it's like, I heard people talking just before, how do we have any money for any of these projects? Look around at the pork, clean it out. It's just so there, it's obvious. I mean, kind of like the, all of a sudden we need to pave 36th Street. I'm like, where is 36th Street even? It's the shookard farmland, something that's never been paved before. Our roads are crap, crumbling like heck. They're laying there. There's even just the crap laying in the sides of the road is so bad. And it's not cause something just happened. It's because we haven't been repairing for years. Look at the old budgets. You keep reducing the amount of supplies, materials. It's right there. And it's like, that's all I got. And on the armory thing, there's already a lot of feedback coming, but it's one of those, it's a pretty odd thing. I mean, it's like, I know it's not done done, but it's as good as done. But that's what I got. Thank you, Mike. Next we'll go on to Mayor's appointments. And announcements. I'd like to ask Gene Frazier to come forward. Gene has been a very dedicated employee to the city of Sheboygan over the years. He started his service working for the parking utility in April of 1984 as a grounds worker. He later became the downtown lot attendant. He has worked as a leader of the attendance and he brings a lot of experience to his job. Gene was often the mind behind all of the equipment and often helped make repairs or troubleshoot the parking equipment when needed. Gene is currently the longest-tenured parking utility employee and his wealth of knowledge and experience has been very beneficial over the years. Gene is very friendly, often smiling, and he just exhibits that he's loved his job. The parking utility staff tells me they can't imagine Gene staying at home during his retirement. I'm sure going forward that he'll stay active no matter what he's doing. Gene, we have a special certificate to give you a certificate of appreciation by the city of Sheboygan and Shoreline Metro to honor Eugene Frazier. The certificate of appreciation is in recognition of your 30 years of dedicated service to the city. From April 12th of 1984 through December 30th of 2014. Gene, thank you very much. Thank you. We'll do. A few other announcements. WSCS, our cable TV station, is doing a survey right now. They want to better serve the residents of the city of Sheboygan. And if you go to the city website or the WSCS website, you have a link to the survey and you can participate very easily. I'd like to give you another reminder about Making Spirits Bright, great project with our Rotary Clubs, partnering with our Sheboygan Park Department out in Evergreen Park. From five to nine every night through the 27th, the Making Spirits Bright will be available for people to drive through and it's only closed on Christmas Eve. And to go along with that, the Shoreline Metro is having a jingle bus tours that's on Tuesdays and Thursdays coming up this week on the 16th and 18th and next week on the 23rd and 26th. And those times are departing the transfer station outside of City Hall at 6 p.m. and 7 p.m. each one of those nights. Just bring along one non-perishable food item when you go. And I've got a real special announcement. The planning department at the city partnered with the BID district and the John Michael Kohler Arts Center and they applied for a Levitt Pavilion's concert grant and this part needed a lot of participants from my patient from our residents calling in and voting for Sheboygan and I'm proud to announce that we won $25,000 for that concert series. Woo! Thanks to everybody who voted. This was a little bit more difficult because you could only vote once per person so that took a lot of extra work. And then last I'd like to just end up by wishing all of you a merry Christmas. All of the city staff as well as all the residents of Sheboygan I hope you all have a great holiday season. Thank you. Next we'll go on to a public hearing. 2.1 is a hearing regarding the proposed amendment to the text of the city's official zoning ordinance to change the text in section 2.06 detailed land use descriptions and regulations as so to amend section 15.206 parentheses for parentheses E. Is there anyone wishing to be heard? Is there anyone wishing to be heard? Is there anyone wishing to be heard? Alderman Hammond. Thank you Mr. Mayor. I move to close the hearing. Second. Thank you for that motion and support. All those in favor please signify by saying aye. Aye. Motion passes. Next we'll move on to the consent agenda that'll include items 3.2 through 3.13. Alderman Hammond. Thank you again Mr. Mayor. I move to accept and file all our rules, accept and adopt all our season, put all resolutions and ordinances upon their passage. Second. Thank you for that motion and support. Is there any discussion on any of those items in the consent agenda? Would the clerk please call the roll for passage? 13 ayes. Motion passes. Under reports of officers, item 4.1 will lie over. Items 4.2 through 4.4 will be referred to various committees under resolutions. 5.1 is a resolution by Alderman Donahue authorizing entering into a contract with Intera Health Incorporated provide services for the calendar years of 2015 and 2016. Alderman Donahue. Thank you. First Mayor I would move to suspend the rules. Second. Thank you for that motion. Is there any objection and suspension? Seeing none please proceed. Thank you. Then I would move that we put the resolution upon its passage. Second. Thank you for that motion and support. That motion is before us. Is there any discussion? Seeing none will the clerk call the roll for passage? 13 ayes. Motion passes. Item 5.2 is a resolution by Alderman Donahue authorizing entering into a contract with Sunlife stop-loss insurance coverage effective January 1st of 2015 and entering into contract accepting supplemental stop-loss insurance plan to include a separate plan for transplant coverage. Optimums managed transplant program. Alderman Donahue. Thank you. Again I would move to suspend the rules. Second. Thank you for that motion. If there's no objection. Please proceed. Thank you and I would accordingly move to put the resolution upon its passage. Second. Thank you for that motion under discussion. Seeing none will the clerk please call the roll. 13 ayes. Motion passes. Item 5.3 is a resolution by Alderman Donahue authorizing entering into a contract with Delta Dental to administer the Dental Benefit Plan Services for the city for calendar year 2015. Alderman Donahue. Thank you mayor I would move to suspend the rules. Second. Thank you for that motion. Is there any objection to suspension? Seeing none please proceed. I would move that the resolution be put upon its passage. Second. Thank you for that motion in support. Is there any discussion? Seeing none will the clerk please call the roll. 13 ayes. Motion passes. Item 5.4 is a resolution by Alderman Heidemann authorizing entering into a contract with Miller and Associates of Sock Prairie for the purposes of supplying and installing new playground equipment at Optimus Park and Cleveland Park. Move to suspend the rules. Second. Thank you for that motion to suspend. Is there any objection? Would the please proceed. Put the resolution upon its passage. Second. Thank you for that motion in support. Any discussion on the motion? Seeing none will the clerk call the roll please. 13 ayes. Motion passes. Item 5.5 is a resolution by Alderman Heidemann authorizing retaining outside legal counsel to represent the city in the matter of Jeffrey Herman versus city of Sheboygan and authorizing payment for said services. Alderman Hammond. Thank you Mr. Mayor. First I would move to suspend the rules. Second. Thank you for that motion. Is there any objection to suspension? Seeing none please proceed. Thank you. I would put the resolution upon its passage. Second. Thank you for that motion in support. Under discussion. Alderman Boren. Thank you Mayor. I've got some questions for Mr. Amodio on this document please. Please ask your question. Could Mr. Amodio come up please. Mr. Amodio would you please step forward. First of all I'd like to just an observation it seems like some of our senior people that are retiring namely department heads. First of all starting out with the gentleman that retired from Maywood. Then Mr. Bittner the director of the Public Works Department and now our former fire chief Jeffrey Herman and they all seem to have issues of what was promised to them or wasn't promised to them upon retirement. By concern with the one with the fire chief Herman and reading the document and hiring outside council is I noticed in the document that we are to be billed monthly for those legal services. I wasn't able to attend the finance meeting. Was there a cap set on these fees? No, no I know. And I understand from this document going through salary and grievances that we are potentially liable for around $50,000 on both of the claims. Is that correct? I think it was around 37,000. 37,000. I guess I'm a little bit concerned if there is no cap on these legal services. I would think that we would be in for $30,000 pretty quickly but I guess if I remember correctly that the reason it appears we're going to the mat on this with chief Herman, former chief Herman is that there is potentially a much bigger liability for the city if former fire chief Herman is successful in his lawsuit. Is that correct? Correct. And what would that dollar figure be? What would the city's liability be if former chief Herman is successful? About 1.2 million. 1.2 million. Okay so I guess that clarifies why we're going to the mat on this but what seems to be the problem with some of these senior department heads and I mentioned three of them of is this an issue with the HRD department or what's causing these misunderstandings with these senior employees upon retirement? You know I would hope that most of our department heads could retire and live happily ever after without having to have issues with the city about their retirement so maybe you can expound on that too. Well it's pretty straightforward when we changed our policies from Act 10 and this one stems around that with sick pay bank. We changed policies on vacation pay and the way you earned it and that's one of the issues with Mr. Herman. I can't attest to the other two because I wasn't part of any deal that was made with the other two people that you mentioned but those got resolved. Alderman Hammond as the floor next. Alderman Hammond. Oh sorry, thank you Mr. Mayor. Just to put a little line of sight on why we went with monthly was just so we could have a better visual on the cost and it's too bad you weren't there you'd been able to hear the full discussion around that actually was a suggestion from all the person Donahue to have them bill us monthly so that we can keep a better tab otherwise oftentimes we get billed kind of at the end this way we can keep a running tab and where we're at and if at some point it's deemed appropriate to settle or at the recommendation of Attorney McLean whatever action they make then we do it but that's the reason we went to the billing is so we'd have a better line of sight on the billing process. You had a follow up Alderman Boring? Yes. Please go ahead. I don't understand what effect Act 10 would have on former Chief Herman seeing that he was hired before Act 10 went into effect from my understanding and what he was promised before Act 10 shouldn't have anything to do with Act 10. It doesn't. So apparently. I guess that's your opinion but we did change the rules from Act 10 on sick pay. Yeah but if he was promised this before Act 10 came into effect what does that have to do with Act 10? There are no promises made. There are rules in effect that said you were in sick pay and you got paid out in such a manner. When we changed the rules at the end of 2011 we changed that policy. Everybody knew that beforehand so that they had an opportunity to retire with the old benefit. There were roughly 42 people as you recall that retired in December of 2011. Chief Herman chose not to. So he knew the change. He knew what the impact would be. He chose not to do it. And now he's saying that he has owed that. Okay thank you. Alderman Donahue. And just for the record this is a fairly complex issue and I think Attorney McClain has done a very nice job for salary and grievance in terms of explaining the complexities of this matter has been in the process of being litigated in a lot of different forms around the state and it really relates to a close reading of various provisions some of which may not necessarily fit in with each other. It's a contract law question really and it's not particularly simple. So I think Attorney Levy who's the attorney that the city intends to hire in this matter certainly has some expertise in the matter. He has been involved in some of the litigation as I understand some coming from the city of Milwaukee and so forth. So it's unfortunately just not a case of just reading the language and then everybody understands what's going on. So sometimes what seems simple depending on the perspective that you read it from is not so simple. And so I think that's where the city is at and because it might potentially apply to other retirees it really does make sense for us to hire an expert in the matter and make sure that the city is ably represented. We also have the opportunity to direct the course of the litigation as time goes on if it seems like time has come to settle the matter that we can reach some sort of agreement. The city certainly has that ability. It doesn't mean that we have to necessarily jump in and fight to the bitter end although for precedent purposes that may be something that we want to do. So I think this is really a sensible way of proceeding. I think we're in good hands with Attorney Levy and Attorney McLean has been very helpful I would say to our committee to salary and grievance in terms of explaining these actually pretty complex issues. Thank you for those comments. Did you want to comment on anything? Okay, thank you very much. There's no other discussion would the clerk please call the roll for passage. 13 ayes. Motion passes. Next is item 5.6 a resolution by Alderman Hammond authorizing the sale of city owned property at 1116 Huron Avenue. Alderman Hammond. Thank you, Mr. Mayor. This is the last suspension so I would move to suspend. Second. Thank you for that motion in support. Is there any objection to suspension? Seeing none, please proceed. I have moved to put the resolution upon its passage. Second. The motion is before us. Is there any discussion? Seeing none, will the clerk please call the roll for passage. 11 ayes and two abstentions. Motion passes. Items 5.7 and 5.8 will lie over. Item 5.9 is referred to the public works committee. Under reports of committees, item 6.1 is an RC by law and licensing to whom is referred pursuant to RO number 173 of 1415 by the city clerk submitting various license applications and recommends that the beverage operator's license application 0602 be denied based on his failure to accurate reveal all relevant convictions on his applications. His record of violations related to the licensed activity and his record as a repeat law offender and his failure to cooperate with the committee. Alderman Thiel. Thank you, Mayor. I move the RC be accepted and adopted. Second. Thank you for that motion in support. Please proceed. Yep. Is Leviathan McGray here this evening? I see he's not here this evening. We called him in on two separate occasions to our meeting and he failed the check. Is there any other discussion? Would the clerk please call the roll for passage on 6.1? 13 ayes. Motion passes. Item 6.2 is an RC by law and licensing to whom is referred pursuant to RO number 173 of 1415 by the city clerk submitting various license applications. Recommends that beverage operator license application 0370 be denied based on his failure to accurate reveal all relevant convictions on his application. His record of violations related to the licensed activity. His record as a repeat law offender is failure to cooperate with the committee. Alderman Thiel. Thank you, Mayor. I move the RC be accepted and adopted. Second. Thank you for that motion in support and under discussion. Ms. Jeremy Pinnell here this evening. I see he's not here also this evening. He was also called to our meeting on two separate occasions and failed the show also. Thank you for those comments. Is there any other discussion? Seeing none, will the clerk please call the roll? 13 ayes. Motion passes. Item 6.3 is an RC by public works to whom was referred RO number 196 of 1415 by the city clerk submitting a communication from the Kohler company new product advisory council requesting that the city's ordinance be changed to allow fermented malt beverages to be served at Fountain Park for the afternoon of August 20th of 2015 and recommends that the request be approved and have the ordinance drafted and submitted to the council. Alderman Heidemann. Thank you, Mayor. I move to accept and adopted the RC. Second. Thank you for that motion in support under discussion. Seeing no discussion, will the clerk please call the roll for passage? 12 ayes and one abstention. Motion passes. Item 6.4 is an RC by finance to whom was referred resolution number 109 of 1415 by Alderman Heidemann authorizing a transfer of appropriations in the 2014 budget for establishing appropriation for parking stall rentals for the library employees and recommends that the resolution be passed. Alderman Hammond. Thank you, Mr. Mayor. I move to accept and adopt the RC and put the resolution upon its passage. Second. Thank you for that motion. Is there any discussion on the motion? Seeing none, will the clerk please call the roll? I got it. 13 ayes. Motion passes. Item 6.5 is an RC by finance to whom was referred resolution number 107 of 1415 by Alderman Hammond authorizing a transfer of appropriations in the 2014 budget to establish an appropriation for the purchase and demolition of 1002 Erie Avenue and recommends that the resolution be passed. Alderman Hammond. Thank you, Mr. Mayor. I move to accept and adopt the RC and put the resolution upon its passage. Second. Thank you for that motion in support. Is there any discussion on the motion? Seeing none, will the clerk please call the roll? 13 ayes. Motion passes. Item 6.6 is an RC by finance to whom was referred resolution number 108 of 1415 by Alderman Hammond authorizing a transfer of appropriations in the 2014 budget establishing an appropriation for Mead Library Chiller replacement project and recommends that the resolution be passed. Alderman Hammond. Thank you again, Mr. Mayor. I move to accept and adopt the RC and put the resolution upon its passage. Second. Thank you for that motion in support. Is there any discussion? Seeing none, will the clerk please call the roll? 13 ayes. Motion passes. Under matters laid over item 7.1 is an RO number 190 of 1415 by the city planning commission recommending amending the text of the city of Sheboygan's official zoning ordinance in section 15.206 detailed land use descriptions and regulations so as to amend section 15.206 for E. Alderman Bellinger. Thank you, Mayor. I move to accept the file and pass the ordinance. Second. Thank you for that motion in support. Is there any discussion on the motion? Seeing none, will the clerk call the roll for passage? 13 ayes. Motion passes. Item 7.2 is a resolution by Alderman Hammond, Bellinger, Carlson, Donahue and Coth authorizing the transfer of appropriations in the 2015 budget to establish an appropriation for a temporary part-time code enforcement officer in the city of development for two years. Alderman Hammond. Thank you, Mr. Mayor. I move to put the resolution upon passage. Second. Thank you for that motion in support. Is there any discussion on the motion? Seeing none, will the clerk please call the roll for passage? 12 ayes. One no. Motion passes. Next, we'll go on to other matters. City attorney. Thank you, Your Honor. 8.1 is an R.O. by the city clerk submitting various license applications for the period ending December 31, 2015 and June 30, 2016. That'll be referred to the Law and Licensing Committee. 8.2 is a resolution authorizing the city's boycott to enter into a contract for engineering services and project management services for fiber optic network. That'll be referred to the finance committee. 8.3 is a resolution authorizing the appropriate city officials to accept an offer to purchase the armory building and a portion of the armory parcel. That'll be referred to the finance committee. Next is a contemplated closed session. Alderman Hammond. Thank you, Mr. Mayor. I move to convene in closed session under the exemption provided in section 19851E Wisconsin Statutes for the purpose of deliberating regarding the potential development agreement where competitive and bargaining reasons require a closed session. Second. Thank you for that motion in support. Will the clerk please call the roll for the closed session. 13 ayes. We'll take a short recess and stand adjourned for five minutes.