 We read the vote of the day. Certainly. Change is a law of life and those who look only to the past or present are certain to miss the future. Notice of the 24th meeting of the 2011-2012 Common Council meeting. Monday, March 19, 2012. Call the roll, please. One if you're here, two if you're not. Yeah. It works. Try and push two. There it is. That's the start of our voting record so that you'll see who voted what. I'll explain a little more as we get into it. All right. 15 ayes. Pledge of Allegiance, Alderman Sampson. Will you lead us 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. Approval of the minutes. Alderman Decker. Mr. Mayor, will you approve the minutes from the previous council meeting? Second. We're moving second to approve the minutes of the previous council meeting. Any discussion? All those in favor, push one. All in favor, push one. Opposed to. As you see on this slide, it shows what the code is. One equals yes. Two equals no. Three equals abstain. So everybody will be listed. All right. Technology is moving forward. It is. Resignations. City Attorney. Thank you, Your Honor. There's a communication from Alderman Fred Belt advising that he's resigning his position on the council effective March 14th due to the fact he's moving out of the district. That will be accepted and filed. Public form. City Clerk. One to accept and file. Motion to accept and file. Thank you, Mr. Mayor. I move to accept and file. Second. It's been moving seconded to accept and file. Yep. Thank you, Mr. Mayor. I really want to thank Alderman Belt first time and that he put in. Didn't get a full year, but he was an asset. I believe this council. I appreciate it. All right. Just for the public's knowing we will anybody interested in that anybody interested in anyone interested in that seat should contact the city clerk's office. Make sure you're in the new districts. So you get the districts from the city clerk's office and put in your infant. We then as a new council will appoint the person in April. All right. All those in favor of the resignation signify. We didn't. Sorry. Okay. Now public form. Okay. The clerk. Public forum first on list this evening is milk storm. If you would please come up to the front. Can I have your home address please? Yes, it's 1736 Marvin court. Thank you. I want to thank the honorable mayor van Inkeren for giving me this opportunity to address this council. I apologize because some of the things that I may address may be offensive to some of the in the audience, but I'll try to do my best. After the recall election, I received the letter from Mary Ryan and it was addressed to the former mayor Bob Ryan and included an envelope and an press article. This is the envelope and it was. 22nd of February is Bob Ryan and it has an address on it return address and 1736 Marvin courts to Boygan, Wisconsin by 3081. I did not send that letter. So let me read Mary Ryan's letter. Hi, Mel. I'm not sure if you are still pursuing a lawsuit against Vicki and her gang. If so, I thought I would send this to you. You can add it to your collection from from them. I knew right away from the handwriting. It was from them. The return address threw me off until I realized it was your address. They are so very evil. It is hard to believe that in this world, we have such evil and hurtful people. Glad to be out of Sheboygan Pollux and Mary Ryan care. Take care and see you. I did see her on Thursday because I had to go over to Southwest State bank community bank and do some financial. Okay. Moving on. I don't know what I'm going to do now, but you can all speculate and think that I but my next move is going to be. I certainly want to thank these who was for letting me and Bob Ryan know how selfish cooks we are and the two of us can be. Now I'm going to take time permitting that I would like to read a letter to the editor that I sent to the Sheboygan press and the beacon only the beacon published it. Now this is from the council meeting way back in May and June of 2006. And we were debating, especially Alderman Moran and Renee Schuchiver. So fantastic about reducing our police department. And it's called Act 40. I did write the mayor maniquin down in Madison and he did send me assembly bill 79, which is a predecessor to act 40, right? Yes, thank you. To the editor. For me, it was a welcome event attending the city council meeting June 5th, 2006. When the good citizens of Sheboygan band together in a just cause, there seems to be less emphasis on diversity. Hopefully our politicians and legislatures will recognize that decisions they make like proposition 40. It seems to me or appears to me that some older person who gained a seat on this council are too eager with change. Maybe we all could learn from the first speaker of that forum who spoke from his heart rather than from his mind like some of us always do. I compliment Alderman Bob Ryan for his position and factual information about our police department, how effective they have handled crime and illegal drugs over the years, over the years. Alderman Renee Shusha needs to step back and re-examine her prophetic facts and ideas. When you make a mistake, just say you are sorry and move on. Also, the mayor, that's Perez, does not need to lecture as much as he does, schools out. Maybe some of us less educated are not as smart as some of his supporters are at work. He may find a few disgruntled citizens and a few disgruntled city employees that Shusha knows. I would rather see a metropolitan law enforcement run by enlarging our police department in unity with the sheriff's department. The sheriff is in an elected position whereas the police chief is under the jurisdiction of the police and fire commission. We need to get the politics of the justice system and law enforcement. Thank you. Next on our list is Robert Steinbroker, is it? Would you like to step up, sir? Or can I have your home address? 1007 Forest Avenue. Forest. And that's in Sheboygan. Sheboygan. You will have five minutes, sir. Okay, it won't take that long. All right. Here about a week ago I had called Jim Boren on a situation that referred to you people rejecting the referendum. Okay, I would like to speak shortly on that. In regards to whether or not to have a full-time mayor, part-time mayor, or not have a mayor at all, we should have a referendum to determine this. In our government constitution, which are government for the people and by the people, I think we're getting away from that. The public put you guys in office and I think we should have a say on this. Please let us have our say in the next election on this matter and allow it to be on a referendum. Let the people vote. Thank you. Thank you, Robert. All right. Public hearings are hearing to propose the assessment for the calendar year 2011 against all benefited properties in parking assessment District 1. A hearing for proposed assessments for calendar year 2011 against benefited properties in parking assessment District 2. A hearing proposed of assessment for calendar year 2011 against all benefited properties in parking assessment District 4. And a hearing proposed for assessments for the calendar year of 2011 for all benefited properties in parking District Number 5. Is there anyone wishing to speak on any of the hearings? Anyone wishing to speak on any of the hearings? And anyone wishing to speak on any of the hearings? Hallerman Decker. Thank you, Mr. Mayor. Will you close the hearings? Second. It's been moved and seconded to close the hearings. All those in favor, 1. Your button, 1. Opposed, 2. I did. I promise I did. Fortinize motion carried. Consent agenda. Hallerman Decker. Thank you, Mr. Mayor. I move to accept and file all ROs, accept and adopt all RCs and pass all resolutions. Second. It's been moved and seconded to accept and file all ROs, accept and adopt all RCs and pass all attached resolutions. Any discussion? Hearing none. Clerk will call the roll. 1 for aye, 2 for no. 3 for abstention. Fortinize motion carries. 4-1, communication from Menard-Sahneman requesting that we're going to adopt a towing ordinance that will be referred to public protection and safety. 5-1 through 5-11 will be referred. 6-1. Resolution by Alderman-Hammond providing for the sale of $4,795,000. The general obligation promissory notes will be sent to finance. Correct? Yes. 6-2, resolution by Alderman-Board declaring intent to exercise police powers to levy special assessment for reconstruction of Crocker Avenue from South Taylor Drive to South 32nd Avenue. Alderman-Board. Thank you, Mayor Van Akron. I make a motion that the resolution be put upon its passage. Second. It's been moved and seconded that the resolution be put upon its passage. Is there any discussion? All those in favor will push 1 for an aye, 2 for a no. 14 ayes, motion carries. Resolution by Alderman-Sampson accepting in decoration of certain land dedication of certain land for street purposes Alderman-Sampson. Thank you, Mr. Mayor. I move that the resolution be put upon its passage. Second. It's been moved and seconded to have the resolution be put upon its passage. Is there any discussion? Hearing none, push your buttons 1 for aye, 2 for no. 14 ayes. 14 ayes. 6-4, resolution by Alderman-Rasler, Bursey, Kittleson and Decker lifting the hiring freeze in order to hire one telecommunicator for the police department. Alderman-Rasler. Mr. Mayor, I move that the resolution be put upon its passage. Second. It's been moved and seconded that the resolution be put upon its passage. Is there any discussion? All those in favor signify by pushing your button 1. 14 ayes. Browner roll. 14 ayes. Motion carries. 6-5 from Alderman-Born, Carlson, Decker, Hammond, Heidemann, Koff, Kittleson and Van Ackren will hold the 7-1. 6-6 and Alderman-Hammond authorizing a purchasing agent to enter into a contract for purchasing one video production switch unit bundle for installation and replacement of vehicles for WSCS. All those in favor to finance. 6-7, Alderman-Born authorizing and advertising for bids on concrete paving of Crocker Avenue from South Taylor Drive to South 32nd Street. Refer to public works. 6-8 resolution by Alderman-Born authorizing a purchasing agent to enter into a contract for the purchase of two crew cab short box four wheel drive pickup trucks for motor vehicle department. Refer to public works. 7-1 plus 6-5 is for public works regarding working with the county and their work lender program regarding inmates work for city property. Alderman-Born. Thank you, Mayor Van Ackren. I move that 6-5 the resolution be put upon its passage and 7-1 the report of committee be put upon its passage. Second. It's been moved and seconded that 6-1 the resolution authorizing, I'm sorry, the 7-1, 6-5 I mean from Alderman-Born approving the participant in the Sheboyin County work program be put upon its passage and that the RC be accepted and adopted 7-1. Is there any discussion? Seeing no discussion. All those in favor push 1. Opposed push 2. 14 ayes. 14 ayes. Motion carried. 7-2 by law and licensing recommending denying beverage operator license number 7301 based on failure to accurately reveal all relevant convictions on the application and failure to cooperate with the committee. Alderman Van Willey. Thank you, Mr. Mayor. I move that the RC be accepted and adopted. Second. Is Jennifer Menard through this evening? She's not here. The reason we denied her license was because we invited her twice and she didn't appear at either time. Thank you. It's been moved to accept and adopt the committee report. Is there any discussion? All those in favor push 1. Opposed? 14 ayes. 14 ayes. Motion carries. 7-3 report of committee from law and licensing recommending denied beverage operators license number 8090 based on the failure to accurately reveal all relevant conditions of the application and failure to cooperate with the committee. Alderman Van Willey. Thank you, Mr. Mayor. I move that the RC be accepted and adopted. It's been moved and seconded that the RC be accepted and adopted. Is Jennifer Weber here this evening? She is not here. Same situation, she was invited twice to our committee meeting and she didn't appear at either meeting. Thank you. Any further discussion? Seeing none. All in favor push 1. Opposed? 2. 3. 14 ayes. Motion carried. 7-4 an RC from by law and licensing recommending denying beverage operators license number 9003 based on failure to accurately reveal relevant convictions on application and failure to cooperate with the committee. Alderman Van Willey. Thank you, Mr. Mayor. Second. It's been moved and seconded that the RC be accepted and adopted. Is Vanessa Molino here tonight? She is not here. She was denied based on recent convictions in 2012 as well as the police giving us a negative recommendation. Thank you, Alderman. Any other discussion? Seeing none. All in favor push 1. Opposed? 2. 14 ayes. Motion carried. 7-5 an RC by law and licensing recommending denying taxi driver license number 9482 based on the failure to accurately reveal all relevant convictions on the application and record violations related to license activity. Alderman Van Willey. Second. It's been moved and seconded that the RC be accepted and adopted. Is Sean layman here this evening? He's not here. The committee denied his application 3-1 based on numerous traffic violations and he had only revealed one of those. Thank you, Alderman Van Willey. Any other discussion? Seeing none. All in favor push 1. Opposed? 2. 14 ayes. Motion carried. 7-6 an RC by the committee of the whole recommending filing resolution number 154-11-12 calling for a binding referendum on whether or not the city of Sheboygan shall continue to have a full-time mayor. Alderman Bourne. Thank you, Mayor Van Akron. I would make a motion to accept and adopt and file the resolution. It's been moved and seconded to accept the committee report and file the resolution. Alderman Bourne. I'm going to vote note of file tonight. I had five phone calls over the weekend from constituents including the gentleman who spoke at the public forum tonight. And the gist of all the conversations were similar to the gentleman that spoke at the public forum tonight. And that was that they wanted to be able to vote in November on whether we have a full-time or part-time mayor. They did not tell me or nor did I ask what they favored. They just told me that they wanted to be able to vote on the issue. So therefore listening to those constituents, I'm going to vote not to file this. Thank you. Thank you, Alderman Bourne. Alderman Carlson. Thank you, Mayor. Obviously that I'm not going to support to file this document. And if it does not get filed, I do plan on proposing an amendment to change the wording of this document, hopefully to satisfy some questions that were raised during Committee of the Whole. Thank you. Thank you, Alderman Carlson. Any other discussion? Alderman Bourne. Thank you, Mayor. Just as a procedure, either Attorney McLean or Madam City Clerk, would the appropriate time to be for that motion now before we vote, or do we vote if the vote is to file, then it would be too late to make a motion or not necessarily? Alderman McLean. If the vote is to file, then it would be killed on the Council floor tonight, yes. And the motion is to accept the Committee report. So we'd have to file that before we could bring forward a motion to change the resolution. That's what you're asking? So Alderman Carlson can still make a motion if we vote to file it tonight. If you vote against the Committee recommendation. Right. Okay, but if it's voted to file, then he can't make an amendment. So would it be proper to make an amendment now before we vote? No. We can't. Okay. Any other discussion? Just to remind you, the Committee report is to file the resolution. So an aye vote is to file the resolution for the referendum. Just to work clear. All those in favor of filing the resolution? Push one. Opposed? Push two. Excuse me, we have eight ayes and six noes. So the motion carried. The resolution is filed. 777 reported the Committee of the Whole by Alderman Raceler, Samson Decker, inversely reestablishing the salary of Mayor's office and passing the attached substitute of the substitute of the substitute, General Ordinance, and accept and adopt that ordinance. Alderman Raceler. You don't want to say that again? No. Okay. Thank you, Mr. Mayor. I'd move that. Hang on a second. I've got to get used to doing this so the public hears you. Move that the RCB put upon its passage. It's been moved in. We have a second? Second. It's been moved and seconded to accept the Committee report and adopt the substitute, substitute, substitute ordinance. Any discussion? Alderman Raceler. Thank you, Mr. Mayor. I guess just for the public, if you just kind of explain a little bit of what the motion is before us, I think that would be helpful. Explain the resolution of the substitute, substitute. Yeah, I guess so just we're looking at the, this does not have the one with the part-time in, right? It's just the 50,000 for the mayor with the increase in health insurance. Right. Just so everybody knows what it is, what we're voting on. Yeah. We would be setting the mayor's salary at 50,000 and having 18% contribution to the health insurance over the next four years term. Any question or any other questions? Thank you, Alderman Raceler. Alderman Bourne. Thank you, Mayor Van Ackren. Wouldn't that also include if it would be appropriate for whoever the next mayor is in 13 that they would also pay 6.65 into the Wisconsin Retirement Fund? Wasn't that part of the... Yes, thank you. You're correct, Alderman. Thank you. Any other discussion? All those in favor of the resolution or of the committee report signified by pushing one, a poll is put two. 11 ayes, three noes. Motion carried, seven, eight. Committee report of this, committee of the whole establishing salary and schedule of office of mayor and pass the attached substitute ordinance. Alderman Bourne. Thank you, Mayor Van Ackren. I would make a motion to accept and adopt and pass the substitute ordinance. Second. Moved and seconded to accept and adopt the committee report and pass the attached substitute ordinance under discussion. Any discussion? Alderman Raceler. Thank you. I'm assuming this is the one that has the part-time position, correct? Wouldn't it be more appropriate to file it as we don't have a part-time position? Yes. The last one had the part-time business. This one does. I guess I'd look to amend it to file it. I'm sorry? I'd look to file the document instead. Second. Motion to file this document and the filing takes precedence over the committee report. All those and so now we're looking to file this document under discussion for filing the document. You want to explain why or are you just going to let it go? I guess the explanation is that it has the language the same as which the previous one we just passed in but also has a part-time position and it just makes it cleaner to have the full time. Thank you. Alderman Hammond. Thank you, Mr. Mayor. Although I understand where Alderman Reisler is coming from, if I'm not mistaken, this body has until August 28th to file a referendum for the November election. So having both scales certainly allows the next council and their purview to put together a referendum if they so choose. So having both scales, I don't think hurts the cause at all. So I wouldn't support to file it. Any other discussion? All right, all in favor of filing? Signify by pushing one for aye. I did. Thanks. Got a sticky button or something. What are you doing? The vote is seven to seven. Mayor votes aye for filing. Ordinances introduced. Eight one through eight three all lie over. Eight four through eight eight to be referred. In other matters, city clerk granting various license applications. Jeremy. Alderman Decker, I'm sorry. Thank you, Mr. Mayor. I move to accept and file and grant the license for a second. It's been moved and seconded to grant the license applications. Any discussion? All those in favor say aye. I'm sorry. All those in favor. Push the button one. Just have it. 14 to none. 14 to one motion carries. 14 to none. 14 to zero. 92 RO from the city plan commission approving capital improvements program recommending capital improvements commission for the period of 2012 and adopting additional projects for the implementation. Alderman Hammond. Thank you, Mr. Mayor. I move to accept and file and approve the program as presented. Second. It's been moved and seconded to approve the capital improvements programs. And additional projects for implementation. Is there any discussion? All those in favor. Signal by pushing one. Opposed to. Second. The roll is two. 14 ayes. Motion carries. 93 RO by the city plan commission annexing territory owned by the city of Sheboygan. Alderman Hammond. City planning. I'm sorry. Alderman. Thank you, Mr. Mayor. I move that the RO be accepted and placed on file and the ordinance be put upon it. It's passage. Any discussion? All those in favor. Signify by saying aye. By pushing one. Push two for no. 14 ayes. Motion carries. 94. A resolution by Alderman Cawth. Anniversary authorizing the program. I'm sorry. I'm sorry. Anniversary authorizing continuation of self-insured workman's compensation plan. Alderman Cawth. Thank you, Mary. I move that the resolution be put upon it's passage. Second. It's been moved and seconded that the resolution be put upon it's passage. Under discussion. Seeing none. All those in favor. Push one. Motion carries. Resolution by Alderman Hammond. Appropriate city officials to sign of Estapo. Estapo. Certificate relating to development agreement between Continental 194 fund LLC and the city of Sheboygan to be referred to finance. Second. 96. Special committee of risk management denying claim for Jacob Paul Sutton for allegedly damaging damages to his vehicle when city sanitation truck hit his parked car and directing city attorney to send a notice of disallowance. Alderman Cawth. Thank you. I move that the next four RSCs be accepted and adopted. Second. So Alderman Cawth. 96, 97, 98, 99, all those RSCs, the special committee of risk management and denying those claims all be put upon it's passage under one motion. Is there any discussion? All those in favor. Push one. Opposed to 14 eyes. 14 eyes. Motion carried. Second. But the motion does not accept a respirator for a paintball exhibition booth and recommend you draft an ordinance to permit discharge of paintballs in a specific limited situation. Alderman Kiddelson. I ask for a motion to accept and adopt this report of committee. Second. Move inspected to accept and adopt the report of the committee. Alderman Kiddelson. it says the ordinance will be coming forward. We discussed this at the public protection and safety. The ordinance will be coming forward with the few changes that we made on it so we'll be able to discuss it then. Thank you all to make it open. Thank you. Any other discussion? All those in favor signify by pushing your number one button opposed to Julie threw me off a little. We haven't done 911 yet. That was 910. There you go 14 eyes. Ocean carries 911 a resolution by Alderman Decker suspending enforcement of the winter parking winter season parking regulations for the balance of 2011-2012 winter park winter season Alderman Decker. Thank you Mr. Mayor. I'll gladly move it's been moved and it's been gladly moved and seconded to remove the winter parking Alderman under discussion Alderman wrestler. Thank you Mr. Mayor. Many other municipalities have gone along the same thing so I think it's a great idea. Is there any other discussion? Seeing none. All in favor push number one opposed number two 14 eyes 14 eyes. Number 10 Alderman Decker. Thank you Mr. Mayor. I'm sorry. We're going to skip over to the other matters first so that we'll get those done when we come back. City Attorney. Thank you Your Honor. 9.12 is an hour away by the development manager submitting a request from Chad Pellecek. The development manager authorizing the closure of the 14th Street Boat Launch for the 2012 boating season for respect canoe users and kayakers from launching at this facility due to the Schwoigen River dredging project being performed by the U.S. Environmental Protection Agency. That will send to public works. 9.13 is an hour away by the city clerk submitting various license applications for the period ending June 30 2012 and June 30 2013. That will send to law and licensing. 9.14 is an hour away by the city clerk submitting communication from Richard Ruppnick requesting a waiver to the sex offender residency restrictions in order to live at 1021 North 8th Street 11 710 Erie Avenue. We'll send that to public protection and safety. 9.15 is an hour away by the city clerk submitting communication from the state of Wisconsin Department of Corrections to file an appeal to the sex offender residency restriction on behalf of Jason Rogie in order to place him at a transitional living placement TLP at 11 23 11 25 14th Street or 9 30 a Michigan Avenue based on availability. Send that to public protection and safety 9.16 is an hour away the city clerk submitting a petition for the vacation of a portion of unpaved Street located south of 1821 south 19th Street. Thereof signed by the owners of all the Watson lands butting that portion sought to be vacated. We'll send that to city plan 9.17 is an ordinance vacating the unimproved land north of 1913 Elm Avenue. Send that to city plan commission. Aldermen Decker. Thank you Mr. Mayor. I move the convene and closed session for the item below under the exemption provided in section 19.85 for the purpose of deliberating the investing of public funds and or leasing of public property where competitive and bargaining any discussion. All those in favor. Push one oppose to 14. Excuse me 14 eyes. We will move the motion to convene and close session for the items below provided in section 19.85 one e for the purpose of delivering public funds and leasing public property where competitive bargaining is any discussion. All 14 excuse me 14 eyes. We will be turning off the TV and we'll be asking all the people in the gallery to leave the gallery will take a five minute recess and come back in this room for the closed session.