 Call to order this is the 22nd regular meeting of the 2010 2011 common counsel and as is customary our city clerk Thank you mayor Challenges are what make life interesting overcoming them is what makes life meaningful. Thank you sue roll call, please Here Racelor here Samson here van der wheel their versey here and wankerman 16 presents Now if Alderman Samson can please lead us 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 Thank You Kevin looking for approval of the minutes of the prior common counsel meeting President Kittleson. Thank You mayor. I move to approve the minutes of the last common counsel meeting second We have a motion in a second under discussion There is no discussion all in favor say aye opposed motion carries Mayor's appointments attorney McLean Honorable members of the common council hereby submit the following appointments for your consideration Jane Coulter to be considered for appointments of the mayor's international committee term to expire for 25 2011 Kerry Coulter to be considered for appointments of the mayor's international committee term to expire for 25 2011 signed by the mayor Thank You Steve that lies over That is all for appointments Moving on public forum no one this evening no public forum this evening mayor's announcements I will be brief this evening. I don't know if everybody noticed but we got another close to a foot of snow In the last couple of days, and I'd like to congratulate our department of public works I'm doing a fine job this year on the on a limited budget I know in my office which always seems to get the Largest number of complaints that the complaints have been much fewer than the compliments this year So I'd like to say thank you to all of our hard-working people in the department of public works for doing a fine job for our citizens And that's all for the mayor's announcements consent agenda President Kittleson I move that all our seas be accepted and adopted all our rows be accepted and placed on file and all ordinances and Resolutions be passed second we have a motion and a second to pass the consent agenda under discussion Alderman Bowers. Thank you just for clarification on 2217 what is the cost of that that we ever finalized the cost on the Remodeling of the first floor On the first floor remodeling Hammond would you like to answer that thank you? It's about 135,000 Thank you Alderman Hammond. Thank you Alderman Bowers. Is there any further discussion on the consent agenda? There is no further discussion roll call, please Lauren hi bulk Bowers hi Decker. Hi Hammond. Hi Hanna. Hi Item and hi hi Kittleson. Hi Montemay or hi Rinfleshe. Hi Racler. Hi Samson. Hi Vanderwheel. Hi Percy. Hi and one 16 eyes Motion carries communications and petitions 2219 and 2220 to be referred Reports of officers to 2221 through 2229 to be referred Resolutions introduced three twenty two twenty two thirty by alder persons Hammond bulk and Rinfleshe rescinding 2010 personal property taxes for four assessment numbers Alderman Hammond Thank You mr. Mayor. I move that the resolution be put upon its passage second We have a motion and a second to put the resolution upon its passage under discussion Alderman Bowers I know these are all referred to us by numbers, but anyway We could get the names of these that are being rescinded They are available from my memory one was the Penn Avenue pub David Cloutier And the other two I I don't remember who they are. They were provided at committee Apologize that they weren't part of the packet, but the reason I ask is numbers don't mean much, but Individual business is what so is there any way that could be included whenever this comes up? I don't see why not I mean again, it was part of the the finance package, which was obviously out there publicly But again, we can make sure it's in there next time. Thank those are the two businesses that I recall Okay, and the other one was I'm sorry. Let me read sorry mr. Mayor one of them also was a AV, but they're no longer in business, I believe All right. Thank you. Thank you Alderman Rindflesch I agree that having the names here would definitely help But just to clarify we're not actually In terms of personal property taxes, they're not being assessed the business they're being assessed to that assessment number So legally in this document, that's what we have to go by is my understanding But I don't say any reason why we can't be attached with with other additional names second also to clarify this isn't the business tax Property taxes. It's the personal property tax portion of that businesses. These were not Businesses that are contesting As we see in the newspaper some larger businesses contesting their assessed value. These were errors done in the assessors Office that were clarified so just to clarify this is not what you've seen the papers This is on a much smaller scale and for mistakes and errors that were made in this Assessors office, right? And if we told this up it looks like it's Somewhere around it's less than four thousand dollars total Any further discussion? There's no further discussion roll call, please Bowers Decker Hammond Hanna Aidenin Con Kittleson Montemayor Rindflesch Racler I Samson I van der wheel I verse II Longman and born I 16 eyes motion carries 2231 by Alderpersons Hammond Bowen Rindflesch designating RBC wealth management as an official Institutional fixed-income securities broker dealer for the city of Sheboygan alderman Hammond. Thank you, mr. Mayor I move that the resolution be put upon its passage We have a motion in a second to put the resolution upon its passage under discussion There is no discussion. Nobody in this council chamber zones RBC wealth management obviously very good That was a joke anyway If there is no discussion roll call, please powers Hi, Decker. Hi Hammond. Hi Hanna. Hi. Hi to men. Hi. Hi Kittleson. Hi, Montemayor. Hi Rindflesch Hi, Racler. Hi Samson. Hi Hi Versi hi Longman. Hi, Lauren. Hi and oh Motion carries 2232 by Alderpersons Hanna Kittleson and van der wheel lifting the hiring freeze in order to hire a firefighter Paramedic Department Alderman Hanna. Thank you, mr. Mayor. I would ask that the resolution be put upon its passage Second we have a motion in a second to put the resolution upon its passage under discussion Alderman Samson Thank you, mr. Mayor. Just just a quick question here. What happens if we do not? approve the hiring freeze for this Disposition and why why are we lifting the hiring freeze in the first place? If I can answer that to the best of my knowledge If we do not Authorize the hiring of this individual by contract which was approved by the Common Council We did set a floor of a minimum number of firefighter paramedics in the fire department If we do not fill this position. We are in violation of that contract. It will be grieved. I would be rather sure by the fire department labor representatives And when I understand discussing this with Tom Rice We would not win that grievance as as a city So we would be Obviously, you know any time a grievance comes forward we do have legal costs and the rest of it that go with a grievance and We would not win that grievance. So if we didn't hire this individual it will be grieved We will not win the grievance and then through that process. We will end up hiring this individual Because the council The council voted to have a minimum number of firefighter paramedics in the fire department Regardless, I'm sorry can't please our list of who made the decision to go below that limit There was an issue we were voting potentially for the council to not Maintain that number when we were going over the budget, but now the fire department for whatever reason we're dipping below that So does it did it matter? Who created the reason why we go below the 67 and in the in the agreement way back run was it differentiated? Wasn't way back when it was over the last year last year then what was it was it part of the agreement? That regardless of who makes the decision to dip below that number. We have to build it back up to that number. I Do not know that for one way or another for effect Alderman Samson. There's a way we could find that out Is it because this this one person from what I see we're going one below is it Is the city in the position where the fire department cannot operate without that one individual? We are I believe Personnel below in the management end of the fire department. This is a this is a represented employee here We are below in the non-represented employee category Which is not Which is a different category and is not under contract So then if we For example do not choose to go And bring the number back up to the minimum 67 with this one individual We go to The grievance issue and we lose they would force us then to hire somebody at that point correct correct We would be legally obligated to hire somebody at that point If that was defining in the grievance process and grievances also cost us money Okay, thank you Alderman Boren Thank You mayor I guess the reason I have some difficulty with this is that there's a great likelihood if we hire this person that The person is going to have to be laid off in a few months based on We didn't have we didn't have the money When we raised the hiring freeze last year to hire before we didn't have the money for that We kicked it down the road now. We're going to hire another person We're going to train that person in an all likelihood at the end of the year when we're not bound by this contract this year And we reorganized the fire department if that's is that if that's what strategic fiscal planning is planning on doing eventually I hate to hire somebody and then have to lay them off in seven months I don't think it's fair to the person just to be in compliance with an agreement that we have with the union It's foolish You know, it's not fair to that person. Thank you. Thank you Alderman Boren all the person mountain mayor Thank You mr. Mayor remember we accepted a hundred thousand dollars from the in concession from the fire department to do this So I would think we could at least keep our word for a few months or else of the hundred thousand dollars goes back some way or another Thank You all the person mountain mayor Alderman punk. Thank you, mr. Mayor. I'd be happy to give that hundred thousand dollars back Tell me how I can do that sign me up for that option that boat didn't go my way I think we had to do with hiring for wasn't that back when we were going to hire for firefighters and in return for four very expensive firefighters who get Cadillac benefits packages we got a hundred thousand dollars for hiring for 55 $60,000 a year expenses with benefits probably We got a hundred thousand dollars. So I urge my colleagues about no, I appreciate what What Alderman Montemay or said about keeping our word? But I think times are different now. We understand the economics a little bit better We understand the challenges ahead of us for next budget year because we solved this budget year through some budget some short Short-sighted short-term budget solutions not long term and adding another headcount that gets those Cadillac benefit packages is economically unsound so I would urge you to vote against it Because we just we can't afford it and knowing what we know about what's going on in Madison right now Even if they do sue it and you know how I feel about that I wrote an article in the paper saying let them sue wouldn't that really reveal their true colors If they were forced to sue the taxpayers in a time of the economics that we're in now So I say I say it's worth that money that we would pay to defend that grievance And so I urge you to vote no to send the signal that a year and a half from now Which you know we grieve it we wait we wait a year from now It could be a very different picture when we're walking into negotiations next summer Based on what's going on in Madison now and and the intentions of the Senate and the house and the intentions of this governor We could be in a much better bargaining position if we sit on this We do not approve it and we wait and let Madison take its course and then see what position went for next year So I urge you to vote no. Thank you, Mr. Mayor. Thank you Alderman Bouch Alderman Rindflash Thank you, Your Honor I too I think have some concerns about perhaps bringing somebody on I can imagine myself You know being hired on learning and then also being turned around and laid off in fact in the private enterprise I did have that experience of being hired during growth period and then with less than a year being laid off at Lear It's not very pleasant. It's not very nice However we hear a lot of conversation about running the city as a business and one thing that's that's tried and true in a Business world is when you make an agreement you stick to the agreement You're not going to get very far when you borrow from a bank promise to pay him back and go ah times are different I'm not going to pay that back When you sign a contract with supplier and decide no, I'm not going to do with the contract signs You know my personal commitments to Following through with what I promise as well as trying to run the city as as Professionally as business-like as possible It was made and regardless of how the vote went when the agreement was made it was made and I'm going to honor that So I have a tough time. I guess looking at that individual I think we still need to look overall at the structure of that department, but at the same time You know we're trying to run this city as a business and businesses don't succeed very well And they break their promises to their customers to their employees to their vendors to their banks to whoever So I will support this at this time Thank you all the memory and flesh all the person want to be on again. Thank you. Mr. Mayor The four firefighters to replace the eight retirees That what then hundred thousand dollars that wasn't all a quid pro quo to keep the 77 67 there was also Fire station number five that the citizens wanted open There was a lot of things going on at that time and the fire department tried to help us And that was one of the things that they offered to us and we took it Thank you all the person month mayor Alderman Bowers Thank you I'm going to have to agree with Alderman born We're going to be up front with this gentleman and tell The firefighter are we going to tell him you're probably only going to be here for a couple of months And I don't know what you have to or not or if they read the papers but in all probability He will be gone or she will be gone when the new contracts are Negotiated So I'm going to vote no just because of the fact I hate to see someone hired on and then have to be let go Thank you Alderman Bowers. I see no further lights up here Is there any other discussion there is none roll call please Decker Hammond hi Hanna hi Heidemann hi cut hi Kittleson hi Montemay or I win flesh. Hi racer. Hi. I'm sorry. Hi. Thank you Samson. No Vanderweel. Hi Versi no wongamon. No Lauren no bow. No and Bowers. No Ten eyes six nose motion carries 2233 by Alderpersons Hanna Vanderweel and versi to allocate $40,000 from the medical insurance account to be used for incentive programs sponsored by the wellness committee for Health risk analysis also known as HRA and biometrics programs for employees Well, that needs to be referred okay, that is going to be referred to finance to finance Thank You Sue Okay, moving on twenty two thirty four and twenty two thirty five lie over Twenty two thirty six and twenty two thirty seven to be referred report of committee for twenty two eighty eight by finance recommending approving information technology department policies it zero one through it zero five first reading Thank You mr. Hammond make a moment. I move that the report of committee be accepted and adopted in the resolution Be put upon its passage second. We have a motion in a second under discussion Hammond Just as a point of clarification our new IT director or manager Put these together and it's a great start as to start to bring all of our IT things together So if you haven't had a chance to read it, I'd encourage you to read it And I I think this is just a start of many good things to be coming out of our IT area Thank You Alderman Hammond any further discussion There's no further discussion roll call, please Anna hi Hi to men. Hi Kittleson hi Montemay or hi rinflash. Hi racer. Hi Samson. Hi Vanderbilt. Hi versi. Hi wangamon. Hi Boran hi bow Bowers hi Decker hi and Hammond hi 16 eyes motion carries 2239 report of committee 9 2239 by salvia and grievances recommending amending Charter ordinance number 197 98 regarding the appointment of the city assessor so as to change the term from five years to two years Alderman Hannah Thank You mr. Mayor I ask that the RC be accepted adopted and have the Charter ordinance be put upon its passage Second we have a motion in a second under discussion Alderman Samson Thank You mr. Mayor. Can we just get some clarification as to why we're decreasing the member from five to two please? Alderman Hannah, please the strategic fiscal planning committee Thought that at this time it was prudent to restrict the term to two years Because we're hoping to come up with some meaningful change And we didn't want to tie a director into a five-year term Thank You Alderman Hannah answer your question Alderman Samson. Thank you. Thank you Alderman Hannah Alderman Hammond Thank You mr. Mayor Attorney McLean just a couple quick questions and maybe it's outside the realm of this but Regarding the city assessor is that a state statute that we have to have one does it have to be an employee of the city? Can it be outsourced? What what is the city needs to have a city assessor? There's not have to be a full-time city employee number of cities and villages contract out for with the firms for Assessing services Get that do they have to be under their own department or can they fall under other? Do they have to be autonomous? I guess it's well the city assessor has certain authority and I don't believe you want to get the position where someone above the the assessor that's Qualified and meets the requirements on the statute to be an assessor is told our Or what to assess properties That's one thing that I've always understands it's understood since my first day in the mayor's office Is there's one department that you don't try to influence? It's the city assessor's office It's a big can of worms if you do it's the quickest way to To have hints of corruption in a in an administration as if you're messing with the assessor's office So it needs to remain independent in my opinion Thank you your question. Yeah, thank you Alderman born Thank you mayor When we're voting on this Report of committee tonight. Are we voting on just changing the term or are we voting for a specific person for this position? I know back on December 20th You've brought forth a name This is this is strictly for the term After this is adopted There can't be an appointment for 60 days if I understand the first time We would do an appointment would be the first part of May, okay? So then we're not voting on an individual tonight. We're just looking for the term. Okay. Thank you All about red flesh Thank you, your honor My concerns were similar to what all about born had spoken on And I understand that because there's Discussion of some change as we heard from Alderman Hannah and that perhaps that position We've also heard from the attorney that there's the state statutes certain guidelines It seems to me that if we're looking at making some changes But we need to know what we're going to go up against in the state statutes That should be looked at first before making some some change in the terms We don't have one appointed right now We have an interim we have an interim appointment right now Is there a time frame how long the interim can stay interim until? Such point that one we has to change over I'd be more comfortable Keeping the interim tag on right now until either solid grievances or some other committee figures out what the goal is it's a strategic fiscal You know looking at the long term Then changing the charter ordinance To make it specifically five years to two years if there's something else that can be done or look at direction This is really kind of the first that I've you know I've known from the candidate being pros and we haven't it hasn't come back yet I heard that this was going to be discussed And I pride myself being uninformed but quite frankly this is the first debate I've heard between what they'd like to do and what the state says we can and cannot do I'd rather get more information on this before I vote so I'm gonna vote no at this point in time not because I'm against necessarily a two-year, but quite frankly I don't know if that's the right idea or that's the direction the committee really wants to go. Thank you Thank you Alderman Rufflesh regarding regarding interim appointments. I believe in my opinion interim appointments are until a Permanent person can be appointed Too many administrations use interim appointments to take unqualified people and put them in positions because they do not have to be confirmed by the council And therefore I do not believe in long-term interim appointments I believe that people that are appointed to a position of authority should be confirmed by the council and should be vetted as such Alderman Hannah Thank You mr. Mayor. I had a good conversation with Alderman born earlier today And I feel more comfortable. There's a 60-day public input Opportunity that we get clarification get some answers for all the person in place this question. So I think it's It's moving at the pace at which it should move That is we discussed by the public Thank You Alderman Hannah and Alderman born Thank You mayor Ryan in fairness to the candidate. That's the The person that's the interim in fairness of that person I think they're being compensated for being in from because of the Because of the additional duties. I think I remember that from one of the salving agreements Yes, all interim appointments end up with a I believe it's an 8% raise Is there any further discussion other person Montemure? Thank You mr. Mayor if we do not pass this charter ordinance then We're with the original ordinance of a five-year term if in the future. We do hire an assessor So if at that time we wanted to change it we'd come back to this charter ordinance again If if this if this ordinance amending if if this charter ordinance this amendment to the ordinance does not pass this evening It will remain as a five-year appointment I see no lights if there is no further discussion Too soon Alderman Samson Mr. Mayor, so I just just to clarify was that checked into that we can go from five to two Yes, so that legally we can by changing the ordinance Okay, so so it's not an issue with the state now, so we don't have to wait to find out we already know Steve this is a charter ordinance it doesn't take effect for 60 days if it's upon passage and publication and Doesn't take effect for 60 days allows Citizens to petition for a referendum on it if they wish and also requires the two-thirds vote for passage Thank You Steve Alderman both. Yeah, thank you, miss mayor. No that helped Steve answered partially answered the question I just didn't understand between what Alderman Ryan Flesch was saying Alderman Hanna So if we pass this it passes In the 60-day period that Alderman Hanna was talking about that's would have to be a referendum to undo that is what you're saying Right, okay, and it probably doesn't rise to that. So what I thought I heard Alderman Ryan Flesch saying was Maybe we need some more learning time some more investigation time And I just wanted to clarify what Alderman Hanna was saying it would take it take a lot of effort to undo if we vote to approve it tonight It would take a lot of effort to undo that so it's not like we have this 60-day waiting period where we're actually going to vote on it 60 days from now tonight's the vote so I May vote no I think I'll vote no because of what Alderman Ryan Flesch said just to learn some more before we approve it Thank You Alderman Boak last chance anybody else See no more lights here roll call, please Heidemann nope Ka hi Kittleson Montemay or I Rin Flesch no Racelor hi Sampson hi Vander wheel. Hi Versi hi Wongamon no Lauren no Boke no hours Decker no Hammond no Excuse me and Hannah hi Eight to eight it's a tie vote however the motion fails because it's not a two-thirds majority Motion fails Ordinances introduced 10 2240 lies over matters laid over 11 2141 resolution number 209 1011 by Alderman Boran Authorizing executing a one-year lease for the agricultural property in the town of Wilson Formerly owned by John Poth Jr. Alderman Boran Thank You very Ryan. I move that the resolution be put upon its passage We have a motion in a second to put the resolution upon its passage under discussion There is no discussion roll call, please Kittleson hi Montemay or hi Rin Flesch hi Racelor hi Sampson. Hi Vander wheel. Hi Versi hi Wongamon hi Boran hi Boke hi Bowers hi Decker hi Hammond hi Hannah hi and Heidemann hi 16 eyes motion carries 21 42 resolution number 210 1011 by all the persons Hammond Boke Boran Rin Flesch and Racelor authorizing a transfer of appropriations in the 2011 budget established revenue and appropriation for community development black grant emergency assistance program for center avenue Washington court north 6th street in wisconsin avenue stormwater improvements and establish appropriation For appraisal fees alderman hammond. Thank you, mr. Mayor. I move that the resolution be put upon its pass We have a motion in a second to put the resolution upon its passage under discussion Alderman Bowers Thank you. Yeah, it's this part of the Capital improvements program And how much money are we appropriating to these? This is part of the capital improvements program also part of it is cdbg funded chad. Would you like to speak on this? Chad Peleshek our Manager of economic development This is that money that you'll recall the city received at the end of the year from commerce the 499 thousand This is a total grant of about 1.3 million They originally gave the city 402 thousand through flood recovery dollars Then they amended it and gave us another 654 thousand and then at the end of the year They called and said they had another 499 500 so it's being used over Near the fifth and new york project to expand that out because it had to be specific to that area Per the grant and the dollars that were coming from the federal government Alderman Bowers. Yeah, I guess my next question is This is very good because our infrastructure is really in bad shape, especially from Union Avenue in the south to geely avenue Do does the public works department? Have a priority in certain sections of town or certain areas that they were every year we're going to The cap the capital improvements program identified key streets Yep, and like this year the the project that the city is moving forward out of Assessment dollars would be the south 18th street. We are also scheduled to redo resurface superior avenue With block grant dollars and north avenue as part of an assessment So the they're they look at the Roads that have the most traffic counts and determine what qualifies for what funding and try to get the best bang for a dollar Okay, thank you The capital improvements commission meets on this annually And the capital improvements commission Which takes advice from the department of public works and city engineering On the condition of streets Ways that and deciding which streets get repaired with But this was this is for four hundred and ninety nine thousand dollars that the state was department of commerce I guess they were empty and out the coffers at the end of the year because I think they came forward with this like December 30th or something like that. They found an extra half a million stash someone that they offered us. So we took it Okay, any further discussion on this issue There's no enroll call, please Hi 16 eyes motion carries Ordinance introduced 10 2240 lies over Matters laid over 11 21 41 resolution number 209 10 11 by alderman foreign excuse me authorizing executing a one-year lease I just I just missed a page here. There we go. Let's go into this one Other matters authorized by law 22 41 Will be referred to public protection and safety attorney mclean Other other matters. Thank you your honor 22 42 is a communication from richard hartman president of spoigland county taxpayers alliance Stating their position on the situation of madison with regards to the state budget That will lie over 22 43 is a claim from erin kennedy Back solutions for alleged damages to his vehicle When a city snow plow hit the back of his vehicle when he was trying to slow down because his vehicle was sliding That will be referred to risk management 22 44 is an aro by building inspection submitting the report of building inspection department for the month of Or for the year 2010 Will be referred to public protection and safety 22 45 is submitting various license applications for the period ending june 30 2011 and june 30 2012 Referred to law and licensing 22 46 is an ordinance granting sheboygan columbus institute its successors and assigns privilege of encroaching upon described portions of north ninth street located at 8 33 center avenue in the city for the purpose of maintaining the building to city planning 22 47 Is an aro by the director of human resources and labor relations submitting a request to engage consultive services from the center For political science and public policy research from the university of wisconsin whitewater to perform a two phase analysis for the city Will be referred to finance 22 48 is a resolution authorizing the appropriate city officials to enter into an agreement for consultive services From the center for political science and public policy research from the university of wisconsin whitewater to perform a two phase analysis for the city also referred to finance 22 49 is an ordinance relating to no parking stopping standing so as to change the parking limits On the east and west sides of south 12th place Will be referred to public protection and safety. Thank you steve Move to adjourn We have a motion to adjourn in a second all in favor say aye opposed Thank you, everybody