 Call the order the meeting of the 10th meeting of the 2012 2013 Common Council of the clerk read the quote of the day Good leaders make people feel that they're at the very heart of things not at the periphery Everyone feels that he or she makes a difference to the success of the organization When that happens people feel centered and that gives their work meaning Thank you Call the roll, please 15 present There's quorum present oldenman vernacorn is excused Pledge of Allegiance will all the men all the men want them and please lead us in the Pledge of Allegiance Pledge allegiance to the flag of the United States of America and to the Republic for which it stands One nation under God Indivisible with liberty and justice for all Thank you Motion for approval of the minutes all the men Think mr. Mary make a move motion to approve the minutes second Then moved and seconded to approve the minutes of the previous council meetings. There any discussion or changes? Very none clerk will call the roll 15 eyes motion carried Mayor's appointments Honourable members of the council hereby submit the following appointment for your consideration Marilyn month my order to be considered for appointment to the historic preservation housing rehabilitation loan Commission to fill the unexpired term of Jason Shane whose term expires 421 2014 signed by the mayor That will lie over And Mario Chiotala to be considered for appointment to the mayor's international committee term to expire 422 2013 signed by the mayor that also will lie over public forum Yes, we have won this evening David Gartman David if you could come up to the front, please David can I have your home address? 5509 Mending Road and you will have five minutes. Thank you I'm also a town chairman in a town of Wilson Several of you that have been here before I was here back last fall to discuss the situation I don't want to call it a problem at the dog park because luckily I believe there's been no problems But there's a situation that could occur and that's in the discrepancy of the policing for the dog park I won't get into all the details One of our citizens Phil Marsberger you probably read his letter to the editor did a good job I'm in total agreement with what most of the facts he put out there were accurate So so I guess what brings me here again from last fall was that you know how things go we negotiated back and forth It was my thought as a town leader that in the negotiations here with turning McLean that perhaps if you hadn't next about 300 feet of that dog park many years ago many I believe to get the I wild subdivision in probably was on that happened What that leaves is two-thirds of the area that's police by the sheriff's department with no defined line That's not good policy. This is a highly utilized Facility and in the future something could happen So what we were proposing was then to have it the interior of the park only a next not the trail road to it So in the process concerned citizen or two had concerns to my town supervisors and in the process come up with Changing the town's position So the town's position is conditional that it would revert back to the town if it's not a dog park that has been supported by the Board of Wilson that'll be your choice here The other alternative because I think it needs to be fixed and that would be this is my opinion only as a joint Powers agreement for that legal description of the interior to have policing I would suggest also we maybe consider ambulance service addressing it to if there would ever be an ambulance call So it's clear not that if there's discrepancies of orange cross or sheboygan should respond So that's your task tonight. I'm pretty limited. This is a public forum I'll stay here this evening if you'd have any further questions, but I if nothing's resolved I think because of the public's interest and safety here I think the town would have to put an indefinite perhaps closure to the facility until this gets resolved somehow Or else I've had some comments from perhaps maybe just for town residents. Hopefully it won't get there I like shared services. I think this was a success story, but like anything else when you start out with an agreement It's pretty hard to cover everything without Overlooking something. I think it's something that hopefully we can all get together on so thanks so much And I'll be in the back until you're close at a topic tonight. Thank you. Thank you, David Thank you To the consent agenda home and him Thank You mr. Mayor I make a motion to accept and file RO as an accept and adopt all reports of committee Second it's been a movement seconded to accept all our O's and accept all reports of committee to one through two thirteen So any discussion? Very none clerk will call roll 15 eyes motion carries Three one communication will be referred to finance and DPW For one an arrow from chief administrator officer will I will lie over to the November 19th meeting? To through four seven will be referred For eight all the diversity for eight Thank You mr. Mayor. I'd like to pull for eight for just to pull it forward and file it For eight you're asking for yes, are you filing the arrow? Yes Is there a second? second I Would hope that the council would not file this it's a Resolution for the acceptance of the Budget of the mayor's executive budget By the statutes in the municipal codes of the city this mayor is responsible for bringing forward a budget and To do this without any discussion. I think it is unprecedented much less What you're doing is saying we're going to just accept the budget as is and go to November 19th with the current budget I think we need more discussion on the budget and we would hope we would do this Well, I'm in Hammond Thank You mr. Mayor. I think every committee is vetted their respective budgets I know you have some thoughts on that and I think Document 4.2. That's going to strategic fiscal planning will be the opportunity to discuss that when it does come to council on the 19th there'll be opportunities to make changes and adjustments at that point so sending it back and going through the whole process over again Doesn't seem to make a whole lot of sense in a very efficient use of time. Thank you. I think it just gives a not an honest Comparison if we have both of them there all the men born Thank You mayor, I'm not going to support Filing this for the reason that I do not I do not support the two documents that are being held over to November 19th And I was I appreciate your efforts for what you've come up with so far mayor, but I was hoping that We would have come up with more even at the committee of the whole but it hasn't happened so far So I'm not going to support sending this or filing this tonight I hope it does go to strategic fiscal planning, and I hope maybe we can have another discussion on Making some more cuts to the to the 2013 budget that we can in fact get rid of the Garbage fee by coming up with enough cuts to do so. Thank you Thank you any other discussion Motion is to file Okay, hold on just a second You just want to file because I've got and refer strategic that would not be part of the motion is that correct? Okay, let me take that out. Okay, the motion is to file Eight eyes seven nose We are always fine Resolution five once through and five two will be referred Resolution five three lies over I for resolution by Alderman Heidemann will be referred to public works and finance reports of committees Six one report from long licensing condition conditionally recommending the common council to renew the taxicob license number 69 77 Alderman Vandewilie Thank You mr. Mayor. I move the RC be accepted and adopted Is Edwin layman here this evening He is here a Little bit of history with mr. Layman on June 9th, 2011. He appeared before a long licensing and he had At that time between 2008 and 2010 he had six driving violations Long licensing approved his application three to two and now he came to us again for a renewal, but he had It's a renewal yet. It's not because he came later than June 30th And since his last renewal last year his license last year He's had three additional violations and one included speeding while driving a taxicab So we denied his license five to zero Thank You sir, would you like to speak and address the council? Come on up to the front, please Can we give you a name your full name Edwin layman Edwin? Okay, go ahead Not really sure what to say about this It's pretty important that I'm able to drive in the city of Sheboygan As of this point, I'm driving in Manitowoc and I'm really not making it There too much and I'd like to come back to Sheboygan I don't really know what else to say, but I'd like To be able to drive in Sheboygan was a taxi driver. I enjoy my job. I enjoy the community I Mean if any other violations Come up. I mean you can pull them right then and there, but I'd really like to drive back in Sheboygan Thank you. Is there any questions? The applicant Thank you All of them in born I'm sorry. I have nothing all of them in Vanuwilly. I Somebody's beeping all of them in calf Thank You mayor Some of those violations That came before our law and licensing June 9th last year Was a 2008 drive over center line 2009 improper towing 2009 failed to yield that stop sign 2009 defective speedometer 2009 speeding 2010 loud music and 2010 a seat belt violation on June 9th a law and licensing the vote was three to two To to grant I was one of the know Then last week came before the committee again since he had the Taxic cab license presently not driving a taxi in the city of Sheboygan And had a tire squealing a speeding in 2012 and another speeding in 2012 while driving a taxi And that is why the float was a five to zero two to nine Thank you. Any other discussion hearing none the clerk will call the roll 13 eyes two nose Motion carries Six to an RC from law and licensing conditionally Recommending that the common cultural not renew the taxi operator license 94 11 Alderman van Thank you, mr. Mayor. I move that the RC be accepted and adopted They move and seconded that the RC be accepted and adopted under discussion Alderman Is Roxanna Ramirez here this evening? She is here She did not appear at our either of the meetings that we invited her to so I guess now that she's here I would ask that we refer this back to law and licensing It's been moving seconded to refer this back to law and licensing. Is there any further discussion? Hearing none clerk will call the roll bill 15 eyes Motion carries six three Recommendation from law and licensing recommending denying taxi license number 89 36 Alderman abandoned Thank you, mr. Mayor. I move that the RC be accepted and adopted Second it's been moving seconded that the RC be accepted and adopted under discussion Alderman van is Shelley King here this evening She's not here. She did not appear to either the meetings that we invited her to so we did deny her license Is there any other discussion? Hearing none the clerk will call the roll 15 eyes motion carried six four by a Communication from law and licensing recommending tax denying taxi drivers license 96 25 Alderman van the will Thank you, mr. Mayor. I move that the RC be accepted and adopted second It's been moving seconded that the RC be accepted and adopted under discussion is Noah Yang here this evening He's not here. He also did not appear to the two meetings that we had invited him to so we had to deny the license To any other discussion Hearing none clerk will call the roll 15 eyes motion carry Six five a report a committee from salary grievance recleaning and recreating section numbered eighty two one twenty six of them This will cold to compensate for overtime Alderman bracelet Thank You, mr. Mayor. I move that we accept and adopt the RC and pass the substitute ordinance Second moving seconded to accept the RC and accept and adopt the ordinance under discussion Alderman born Thank You, mayor van Akron. I was wondering if our HR manager sandy Rorick could come forward and Explain exactly what this means before we vote on it, please Sandy want to pull it down just a little bit the mic there you go After act 10 was adopted last year there were several changes that occurred in our non-represented employees and that took effect in January The City Council agreed to follow the Wisconsin and Federal FLSA laws, which means that overtime is Calculated based on hours worked Not hours paid during the week so in the past people were taking vacation or received holiday pay And that time was counted towards overtime for calculating the time and a half wages a Few months ago several employees asked the salaried grievance committee to take a look at several different benefits and the ones the one that the salaried grievance committee decided to Take a deeper look on was the Paying people for overtime when they worked or where they took vacation and holidays So we did a little research and found that a Survey which resulted in 12 minutes municipalities responding Nine of those municipalities do recognize vacation and holidays three do not of those nine that do recognize it at this time quite a few of those about 50% are Looking at unions expiring the term at the end of this year or 2013 and at that time they will look at those benefits again MRA is a organization that we belong to that is an employer's organization and MRA Says that 56% of the employees that they represent Do not recognize vacation and holidays As a city what this would mean to us is an increased cost and any benefit we take a look at that Year-to-date our exposure would have been about 50 50 to 55 thousand of actual monies paid out in Projecting the remainder of the year with the five holidays actually six holidays left We're looking at doubling that that cost Going into 2013 so any other questions? Any questions element Bellinger thank you could you Tell you recommended to follow the F. What was that the FL SA the Fair Labor Standards Act and that was what? Group to see it was at the your department that recommended that or was that it was a city city Administration department went through the Common Council last year and it was the council's recommendation So is it normal protocol to go through salary and grievance kind of like? To do something like this or what the first time in a long time that this was a recourse because there was no union Representation anymore, okay, so in the past they would bring it up during negotiations Okay, thank you Any other questions all of them and born Thank You mayor Sandy of if we vote no on this the So if we vote no on the substitute ordinance, then we're going to go back to the Ordinance that was proposed on June 18th. That was the one that's attached here I believe I I believe I was at that salary and grievance meeting and then or did we pass that previously? I don't think we did because you were going to do your research correct We didn't have a specific ordinance that was proposed prior to this. We had discussions So if we vote no on the sub ordinance What about this this this attachment from June 18th that dealt with the normal work week full week schedule? Non-exempt employees is five days eight hours a day 40 hours a week. What that had to do with was scheduling Compensation comp time if somebody works Sunday They could work Sunday through Thursday, and that was a 40-hour work week And then Friday may or may not have to be worked If they worked Friday, they would get overtime on Friday So what that had to do with was in the past people could bank their Overtime and they could use it on a future date and that resolution reduced that to say if they worked overtime During the work week, they could only take comp time during that work week. They couldn't bank it Okay, did we pass this yes, we did so if we vote no on the substitute this is still in effect correct Thank you. Any other questions all of them in Donahue There was a substantial discussion on this matter in salary and grievance the proposal came and Do correct me if I'm if I'm incorrect at Alderman Raisler, but on a two-to-two vote There was a concern on my part and the reason that I voted in Not to allow the use of holiday and vacation time In counting towards overtime was in my mind We were providing a benefit that was built on a benefit and that did not seem to me at least to make sense So that the ordinance as written Overall and particularly we did not have financial information available to us at the salary and grievance committee Does seem to make sense There was some discussion in the committee With respect to allowing holiday time to be used in the calculation of overtime And I think there was more of a consensus and again I'm sure the chair will will correct me if I'm wrong more of a consensus among the four of us who were there To allow the use of of a holiday time so in the Christmas week for example if everybody is off and then One works a number of hours During the rest of the week then that holiday time would count toward Would count toward overtime So that seemed to be a compromise at least at the time of the committee meeting that well The vote actually was two-to-two on the on the issue but on in terms of the holiday using holiday time There did seem to be more of a spirit of Compromise there. I'm not quite sure where to take it at this point And I would certainly defer to our chair or to other members of the committee in that respect but I wanted to To indicate why I would vote no against vote against the ordinance change as proposed Alderman racelor Thank You mr. Mayor actually the vote was two-to-one or we wouldn't be here right now. I Believe Alderman Cough had to leave so it was two-to-one anyway Why I supported this at the committee level number one is We want to kind of go back to the private industry and and look at how they handle some things and I guess I'll ask all of you if Whether it's the beginning of the weekend or the the end being Sunday for the work week or Saturday If you're going to call a plumber to your house You're not going to pay a straight wage and he's not going to gain a straight wage is either The same be true if it's a holiday now heaven forbid. It's a holiday on a Sunday then all bets are off as far as what you're going to pay and that's kind of what I based my argument or discussion on for the Salaries and grievance as well if the employee has scheduled time off which is scheduled way in advance and they had planned up being off I think it's up to our managers to determine whether or not They should have those people come into work additional hours and whether it would be over time Or not and if they are off on a period of time and say we have a snowstorm where they have to be called in I think it's only fair to compensate them at the time and a half As we previously had Forever and ever so I did support this And I will support it again like I said I think that the employees are going out of their way to to be available a lot of this deals with call in times not necessarily just Scheduled over time and there's nothing currently in for any call in that compensates anyone other than a two-hour at straight pay at this time So I think it's only fair for the employees and I think it's a good trade-off for the city. Thank you Thank you all the memories all the men versing. Thank you, Mr. Mayor I actually echo some of the thoughts that all of them downing who had a whole person downing who had with it being a benefit on top Of a benefit my only real big issue is where you get an extra hundred fifty thousand dollars from the cover this cost That's a big cost that we how many times have we discussed the budget that we're adding another hundred fifty thousand dollars on top of that You had the financials of that. That's what's gonna cost us to okay this taxpayers money another hundred fifty thousand dollars to cover Holiday pay or actually a vacation pay considered as over time. That's my real issue with that The bit maybe send it back to committee and do the holiday pay as counted on there But not vacation pay, but I can't support this the way it's written right now. It's because of the expenditure. Thank you Any other discussion seen none clerk will call the roll six eyes nine nose The motion fails six six Report a committee committee from public works recommending authorizing appropriate city officials to execute an amendment to the shared dark dog park agreement all of them in board Thank you, Mayor van Akron. I would make a motion to Send this to refer this to the finance committee second It's been moved and seconded to refer to finance under discussion all of them in board Under discussion since our public works meeting and this did pass at the public works meeting on a vote to two to one However, I've been way to aware of some additional financial Considerations that we were not made aware of at the public works meeting Perhaps finance chairman Hammond would want to just briefly comment on those before as the reason why we should refer this to finance. Thank you All them in him Thank You mr. Mayor You know on the surface I have no problem with the shared dog park I do think there's a couple things that the agreement doesn't address For example, if the dog part ceases to exist and there's a detachment who pays for the detachment In other words de-annexing who pays for that It's been brought to my attention. There's about a Somewhere between 11 and $1,200 fee that we have to pay to the state For annexing that hasn't been addressed who's going to pay for that Some law enforcement costs again Those haven't been at least to my knowledge to my knowledge. Haven't been addressed it who's going to pay for that So I think it makes sense to at least Take a look at the financial aspect of it. I think everybody thinks it's a good idea You know to have one set of rules one set of You know one jurisdiction if you will for that for the dog park But I think we just want to take a look at the financial aspect of it first Thank you all them and him and thank you any other discussion Motion is to we refer to finance Click will call the roll 12 eyes to nose one of stention motion carries Ornances introduced seven one will be referred other matters Other matters eight one resolution by Alderman Hammond and Decker Authorizing transfer of appropriations 2012 budget Alderman Hammond. Thank you again. Mr. Mayor. I'm moved to pass the ordinance like it It's been moved and seconded to pass the ordinance. Is there any discussion? It's actually a resolution Hearing no discussion clerk will call the roll 15 eyes Motion carry now other matters Thank you, Your Honor a 9-1 is an arrow by the city clerk submitting various license applications period ending June 30 2013 and June 30 2014 I'll go to law and licensing 9.2 is an arrow by the city clerk's communication support associates regarding the environmental activities and site conditions summary update for the remodded in property and city parking lot I'll go to finance 9.3 is an arrow by the city clerk submitting communication from Ryan Noel Zimmerman requesting a waiver from the sex offender residency restrictions in order to live at 14.09 South 17th Street So moves there I