 Before we get started with our meeting tonight I'd ask Madam City Clerk Sue Richards to read the quotation for the week. Thank you. Our lives are not determined by what happens to us but by how we react to what happens not by what life brings to us by the but by the attitude we bring to life. A positive attitude causes a chain reaction of positive thoughts events and outcomes. It is a catalyst a spark that creates extraordinary results. Thank You Madam City Clerk and before I start the meeting I'd like to call it call the Alderman to the attention of the notice for a special meeting on Wednesday and also announced to the public that there will be a special meeting of the Common Council on Wednesday at 6 30 p.m. in Council chamber for the purpose of discussing an RO by the City Attorney submitting a communication being an opinion from the League of Municipalities regarding the Library Director's Employment Contract as requested by the Common Council. 6 30 Wednesday. Thank you. Call the 22nd regular meeting of the Common Council order. Madam City Clerk would you please call the roll. Bowman, D. Burke, E. Burke, Serta, Davis, Gough, Kittleson, Nanny, Meyer, Montemayor, Rackie, Sagalli, Stefan, Sousha, Van Akron, Van Der Wiel, 15 present. Quarms present. Alderman Gough would you please 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. Thank you, Alderman Gough. Next item will be the approval of minutes. Alderman Gough. Thank you, Your Honor. I would move that the approval of the minutes of the previous Common Council meeting and the same stand approved is entered on the record. Second. Motion is second. Under discussion. There being no, those in favor state aye. Aye. Any opposed? Motion carries. Resignations. Attorney McLean. Thank you, Your Honor. First one is dated February 5th from Yolanda Graf advising that she is resigning from the housing authority. I'd ask for motion to accept and file. Any discussion on that? All those in favor state aye. Aye. Any opposed? Motion carries. And the next is from Yumiko Furusato advising that because she's moving to Michigan, she needs to resign from the mayor's special international committee. I'd ask for motion to accept and file. Motion is second. Any discussion? All those in favor state aye. Any opposed? Motion carries. And a letter from Richard Meyer, the bid manager advising that there are some letters of resignation from Tammy Canard and Craig Mazza from the bid board and the bid board is requesting that the following appointments be placed to fill the balance of their terms. Marian Keether and Mike Banderstein. We've got two resignations here, right? I'd ask for motion to accept the resignation of Marian and Mike Banderstein. Second. Any discussion on that? All those in favor state aye. Any opposed? Motion carries. And do confirmations? Yes, I'm sorry. Yes, please continue. January 16th, the mayor submitted the following appointment for your consideration. Daniel Castro to be considered for appointment to the board of review to fill the unexpired term of Edward Gennaro whose term expires 430.07. I'd ask for motion to confirm appointment. Second. Any discussion? All those in favor state aye. Any opposed? Alderman Sigali. Thank you, Mr. Mayor. What I would like to question is not actually a question is that I've had some constituents call me to find out how you place people on boards or committees and do you follow certain criteria and do they have expertise in the field that you put them on such committees? And in the future if we could know just a little bit about this person because they don't know anything about the person and all honesty either do I as an older person? Thank you, Alderman Sigali. That's a good question. What I am doing is basically follow following what every other mayor has done. The appointments process was never questioned before. If it is now they're gonna be glad to share with you how I do that. How I do that is I keep a file in my office of people who have indicated an interest to serve in certain committees. There's some people that don't want to serve in this committee but they would rather serve in that. As you know appointments don't come up every day and that's just the way it is. But it's totally discretionary and if I feel that I would like to appoint somebody because I know them or somebody recommends them very highly then I weigh that in my decision. Thank you. Please continue. Mary Liz Town to be considered for appointment to the library board to fill the unexpired term of Sue Dennis whose term expires 430-07. I ask for a motion to confirm appointment. Motion to second under discussion. All those in favor state aye. Any opposed? Appointment confirmed. Charlene Dickey to be considered for appointment to the housing authority to fill the unexpired term of Yolanda Graf whose term expires 430-2008. And once again I'd ask for a motion to confirm appointment. Second. Second. Any discussion? All those in favor state aye. Any opposed? No. Tune. Appointment confirmed. David Gallienetti to be considered for appointment to the library board to fill the unexpired term of Susan Humley whose term expires 430-2008. And as for motion to confirm. Motion to second under discussion. All those in favor state aye. Any opposed? Appointment confirmed. Mary Ann Keether to be considered for appointment to the business improvement district to fill the unexpired term of Mary Canard whose term expires 9-1506. And Mike Van der Steen to be considered for appointment to the business improvement district to fill the unexpired term of Craig Mazza's term expiring 9-1506. Signed by the mayor. Thank you. And before I ask for a confirmation to Alderman Cigali this is a good example of how I'm following the recommendation of Mr. Dick Meyer. I don't know these people but he recommends them very highly. They show an interest and care about what goes on in the bid district. So when he made these recommendations to me I considered them and I accepted them. So these are recommendations that are being made by Mr. Dick Meyer. I'd ask for a motion to confirm. Second. Any discussion on that? All those in favor state aye. Any opposed? Confirmed. Confirmed. Dennis is coming in for the first reading tonight. Everybody submit the following appointment for your consideration. Dr. Curtis Hancock to be considered for appointment to the commission on aging to fill the unexpired term of Jerry Hemsing whose term expires 4-30-09. Signed by the mayor. Thank you. And that lies over. And I'll read this honorable members of the council as chairperson of the joint municipal court advisory committee. Please submit the following appointment for your consideration. Catherine Delahunt to be appointed as the municipal court judge for the term commencing February 22, 2006 and expiring on April 30, 2007. Signed by the mayor on behalf of the joint municipal court advisory committee. Before I ask for a motion to confirm I'd just like to make some quick comments. Miss Delahunt was one of the applicants that applied for the municipal judge. As you know the joint municipal court that we will be forming is between the city, the village of Kohler and the city of Sheboygan. It has been a long drawn out process. A lot of discussion in the end. We will create a municipal court. At the beginning I was a little leery about it. A little reluctant to agree with the formation. I don't feel that way anymore. I'm ready to move forward. I think we're going to have a great municipal court. Miss Delahunt is a candidate with very strong qualifications. When I met her, when the meeting met her, she stood up at the top. And I am so happy that she has agreed to be our judge and I am looking forward to welcoming her to our team. I've asked for a motion to confirm appointment. There's a motion to second. Any discussion? All those in favor say aye. Aye. Any opposed? Appointments confirmed. This time I'd ask Miss Delahunt to please step forward. Take the oath of office. You raise your hand and repeat after me. Aye. Catherine Delahunt. Aye. Catherine Delahunt. Who have been appointed to the office. Who have been appointed to the office. Of municipal judge. Of municipal judge. Of the municipal court of the city of Sheboygan. Of the municipal court of the city of Sheboygan. And the village of Kohler. And the village of Kohler. But have not yet entered upon the duties thereof. Do solemnly swear. That I will support the Constitution of the United States. That I will support the Constitution of the United States. And the Constitution of the State of Wisconsin. And the Constitution of the State of Wisconsin. That I will administer justice. That I will administer justice. Without respect to persons. Without respect to persons. And will faithfully and impartially. And will faithfully and impartially. Discharge the duties of set office. Discharge the duties of set office. To the best of my ability. To the best of my ability. So help me God. So help me God. Congratulations. Thank you very much. I'd like to thank the city council and the village board of Kohler for Creating the municipal court. I really think this is going to be a win-win for the communities and for the people who live in those communities I'd also like to thank the Commission for giving me the opportunity to serve both the city of Sheboygan in the village of Kohler I'm very excited about this position And I'd like to thank my husband Kevin and my five children who were supportive of my pursuit of this position And then I thought I'd tell you just a little bit about myself so that you can Know something about me. I grew up in the Milwaukee area went to Madison for undergrad and received a business bachelor's of business administration degree there then I went down to Chicago to John Marshall Law School and in the pursuit of a Legal career. I started as a law clerk for a judge in the Chicago area and I really enjoyed that job it is it's a great job to have gives you a lot of exposure to the court system and That is actually what sparked my interest long ago in Positions that I'm going to be you know pursuit or taking on now. So From there, I joined the state's attorney's office of Cook County under Richard Daley at the time and I defended Cook County officials in the county government when it was sued I left there moved to the Milwaukee area and joined law firm a private firm doing insurance defense And then Left that job to raise my children and have recently started my own practice in the Mequon and Kohler areas and and now we'll be taking on this as well and It is very exciting and thank you very much for your support Thank you again judge Delhaunt and welcome to our team Next item on the agenda is public forum. Madam City Clerk and Before we announce the people who are going to speak during the public forum We'd ask as you notice we've had a change in Configuration our council chambers of public forum will now be up in the front where they can face the public the alderman and Look at us here address the council The mic needs to be adjusted close as close as you can to your when you speak to your mouth so that we can hear you yet well Thank you first on the list is Lee Montemay or Lee could you give me your home address, please And you will have five minutes You're welcome Change that mirth raises a title from head culture to head fair firefighters. He seemed to be putting out a fire week Tonight this council Has a very good opportunity to prove to our community that we do what we say Regarding the purchase of lethal a direct electrical stun weapons called tasers Without the cameras this council voted to be part of this weapon system The purchase of these weapons without the cameras because they're in short supply is not a valid excuse And not wait until this camera 14 2005 I asked various questions including the implementation of rules and regulations in the use of these awful weapons Chief deputy Weiss was extremely helpful in answering my concerns Here are my questions and the answers applied by the chief deputy Weiss Have you developed the plan for training with these weapons the answer? We are working on it which means our police department is not ready to implement the process even just for training purposes Are you going to ask our police officers to sign a waiver form during the training with these weapons answer? We will follow the recommendations of the manufacturer Are the officers going to be required to get tasered in order to carry these weapons? Answer we will follow the recommendations of the manufacturer If the manufacturer taser requires that any individual volunteering to get tased Sign a waiver that will hold him responsible will not hold him responsible for the injuries or death Resulting from the training process is the city going to require the same waiver If not to sue also Answer we will follow the recommendations of the manufacturer This is the waiver form from the taser company And it goes like this This is a required waiver from taser company liability release and caveat not to sue and hold harmless Form which states that at the very top hitting on any person that volunteers to experience a taser device electrical discharge Quote ties or exposure must sign and read this form prior to any taser exposure This is the city's form as you can tell it's blank That means that if our police department does not require the same waiver the city of Sheboygan and its taxpayers of this city Will be responsible for the injuries Damages or the death caused by these weapons This also means that the manufacturer of this weapon does not have very much faith in their product And that that has been proven by the hundreds of lawsuits that have been filed against him because they're very dangerous legal weapons The same waiver should be required by the city as the manufacturer The very first doctor I asked about this electrical shock weapon stood up looked me right in the eye and made the following comment Anyone who would volunteer to be electrocuted by a stun gun is an idiot He stopped my physical examination at that time at that moment and immediately went to his computer and proceeded to give me the information Sources to research the effects of electricity on the human and animal hearts and various other organs This council voted to supply cameras for each weapon so a record of every event is recorded as these weapons are deployed Here are the $15 who voted aye for these cameras e-Burg Manny Van Ackeren Bomber Kettleson D-Burg graph Davis Sagali Serda Betki Stefan Meyer Montemayor and Vanderhealy The descending vote of nay was made by Alderman Schusser I now ask each one of you who voted for these cameras to be part of the taser weapon system to show me and the rest of our citizens That you mean what you say By turning down the request to purchase these weapons without the cameras because they're not available at the present time Our police department has done excellent work without these shock weapons for many years and a few weeks will not cause a hardship or a dangerous situation until we have all the Tees crossed and the eyes dotted to ensure a safe and well regulated process in place Before these weapons are used in training and the deployment and use against innocent Citizens unless the officer of life is threatened and only then should they be used. Thank you Right on the button. Thank you. Pardon me right on the button. Thank you That was good. Next on the list is Mike Williams Mike could you give me your home address, please 722 Goldfinch Lane Howard's Grove Goldfinch. Yes And you will have five minutes, sir. Thank you. Thank you mayor counsel I would like to address comments and accusations made by elder person Renee Susha She's alluded to strange consequences between closing North 21st Street and a donation received to purchase tasers The closing of North 21st Street was a community policing project initiated by me in order to reduce the number of accidents in this area It was done out of concern and for the safety of the citizens of Sheboygan had no time was I ordered by the chief force Designee to do this project. I made contact with representatives of M&I Bank and Muth Company I have never had contact with mr. Muth In a Sheboygan press article printed February 16th Alderperson Susha accused officers who presented the traffic study to the council of lying She is quoted as saying I want to know how an officer can get up and lie to an entire legislative body About something and then expect us to take corrective action on their lie I want to know how an older person can accuse an officer of lying and not show proof And then expect that officer or the entire police department not to get defensive The fact remains there were 26 accidents in a two and a half year period There have been two accidents since the closing in nine months. I spoke with older person Susha today She told me that she did not say the word lie But it said misled and it's broken with Eric LaRose to print it correctly Eric LaRose informed me that the quote in the paper is an exact quote from Alderperson Susha She did contact him the following day and requested him to change the wording to mislead Webster's dictionary defines lie is making an untrue statement with intent to deceive It defines mislead as leading in a wrong direction often by deliberate deceit Either way you look at it Alderperson Susha has made accusations without any proof Alderperson Susha says that This is just a disagreement over North 21st Street. She talks about wanting to work together and asking the tough questions Yet she did not come to me to question my findings or study She did her own personal analysis of North 21st Street and did not present to Sergeant Tezinski or me Nor did she confer with us on her own findings. Is this working together? Is calling me a liar a tough question The Sheboygan police department exists to serve the community Central to our mission are the values that guide our work and decisions and help us contribute to the quality of life in Sheboygan We hold our values constantly before us to teach us and remind us and our community of our ideals Our values are a foundation upon which our policies our goals and our operations are built We need the support of citizens elected officials and city officials in order to provide the quality of service Our values commit us to providing to the citizens of Sheboygan We the men and women of the Sheboygan police department value professionalism We strive for personal and professional excellence We value accountability. We are accountable to each other and to the citizens we serve who are the source of our authority We value our team. We are capable caring people who are doing important and satisfying work for the citizens of Sheboygan We value community problem solving We are most effective when we help identify and solve community problems together And we value integrity. We believe integrity is a basis for community trust What is the mission of an older person and what are your values? I believe older persons sushi's accusations are irresponsible and reckless These baseless charges of wrongdoing question the integrity of the entire police department and me The people of this community look up to older persons and weigh their words very heavily The people of this community we lie on integrity of its police officers Our police department investigates issues of officer integrity and lying And officers have lost their jobs and careers because of these matters This is not an issue that has taken lightly These remarks are defamatory towards me and shed a negative light on the police department and the city of Sheboygan My integrity is one of my prized possessions and you older persons sushi have made a personal attack on it Thank you. Thank you Next on the list is andrew bowman Mr. Bowman, could you come up to the front here, please And can you give me your home address andrew 22 28 lakeshore drive lakeshore drive And you will have five minutes sir. All right Good evening. I'm here tonight to talk about the moving of the dog beach from its current location just south of blue harbor to high avenue I personally see this as unfair to both beach users citizens of sheboygan and dog owners that use the current facilities Right now currently I am a very avid water sports user. I'm down at the beach Three four times a week. I'm involved in the sport called kiteboarding. You might have seen it. It's got the large kite I'm cruising around out in the lake out there I spent a lot of time down at the beach and what I've been noticing is that the area around high avenue and king's park is probably one of the Busiest and most used areas of the sheboygan waterfront in terms of beach frontage The area just south of blue harbor isn't really used that much When you look at it through year-long use minus the weekends when you do get a few of the Non residents coming up here to enjoy sheboygan beaches and the accompanying blue harbor The area that they're looking at moving the dog beach too Is literally a third the size of the current dog beach It is also it's only 30 meters wide and it tapers quite a bit as the As it meets the bluff the The water level currently right now is ridiculously low and it changes cylindrically And if it ever rises again, which it probably will the dog beach there will be wiped completely out The my biggest concerns is the fact that we're now moving the dog beach right next to a park Where currently it is kind of a little bit south of blue harbor and it's not really by any Direct area where people are We move it next to a park that does not allow dogs and in the press article the editorial suggests We put a fence up I really don't see sheboygan as a type of community that puts a fence in the middle of their beach Dividing two groups of people All right And plus it's totally impractical the idea of how long is the fence going to be does it go into the water? You know does it go all the way up to the trees at kings park things like that um The current situation is also that the south beach is the cleanest beach of all the sheboygan beaches Due to increased water clarity. We've got a large amount of algae that have developed in lake michigan That all gets caught and trapped in north beach south beach has currents that flush all that out and Like I said, I use these beaches a lot and People as well-being as they might be Don't really clean up after dogs totally Uh the location at high avenue is great because it's got a parking area right by it which allows I see a lot of old uh More senior citizen type people and people with disabilities Using that particular area of beach because they can drive down to it directly without having to do a lot of walking And plus people are going to lay in the in the sand right there And there's going to be quite a bit more dog feces in that high Populated area of beach usage I kind of personally feel as a person that grew up in sheboygan left for a couple years and has come back that her beaches are a best asset and What I kind of see is this great wolf corporation of blue harbor pushing The citizens public beaches and great wolf has done a good job. They've In terms of getting resources from the community. They've got the best view in the entire city They've got great tax breaks lots of money and land from the city of sheboygan And that's all good. I guess but the part I don't like is the idea of them taking over and saying our public beaches We don't think we should have dogs allowed there because it might upset some residents well if you're worried about a or excuse me not residents but uh Some guests if you're worried about people getting bit or injured I don't think the best approach would be to move the dog beach to probably one of the more popular areas Of the city beaches So I take a little offense to that because this this whole development and these corporations are having issues With the dog beach there that we as citizens need to take one of our best and cleanest beaches and now have it Have a bunch of dogs on it It's not fair for me to come up here to complain without a solution So I feel that we should look at using the beaches down by the power plant for a dog beach I went down there and measured them the other day They're almost the exact same width as the beach by high avenue And I go down to the power plant quite regularly in fish for brown trout down there and there is very very very few people That use those beaches Unfortunately, it's by a park which do not allow dogs, but I would much rather have something worked out with lakeside park Having dogs in it then kings park, which is by far one of our busiest Parks in the city. So I'm just here to kind of oppose The idea of and I feel the misguided choice of moving the dog beach. Thank you, Andrew Next on the list is henry capotillo Henry, can you give me your home address, please? Yes, that's 16 19 north 38th street. That's in the town of shabuagan And you will have five minutes, sir. Okay I'm here to speak on behalf of being open and To have descending opinions amongst the council members and even some people that come here on the public forum I'm pretty sure a lot of you are aware that I I came here and I spoke when We had mayor shram here at his last council meeting I came and I spoke and I said look I had Some problems with some of the issues and some of the alderman know that That are still here from that administration And one thing I did say is that it didn't matter who was elected. I would come here and I would voice my opinion and my concern Saying that I'm here representing myself Citizen and also the executive director of home Inc. I'm not Involved with the taxpayer alliance. I resigned as your spokesperson. I'm also not a member of that organization anymore The reason that that happened is That there was a meeting that turned into a closed meeting. I personally did not agree with that Because of my strong issues on open government and access to the public. I I remove myself from that I believe that It's good to have descending opinions to have people that Have opinions that are different than what maybe you may have and the reason I say that is because The more opinions that you have and maybe even descending that the more discussion that comes about I mean if if our government wanted to have everything run perfectly I I don't think they would have had the different branches of government that we have We have the judicial branch the the congressional we have the executive branch If if you have a problem you you you go to the courts you have the the local courts You you go to the appellate court if you you don't believe the decision that was rendered in lower court You go to the appellate court if you feel that it's in the appellate court It's not what your view is you you have the right to go to the state supreme court If you don't agree with that you have the right to go to the u.s. Supreme court, so if if Everyone was everyone was to agree on everything. We wouldn't have This type of checks and balances in our in our government And again, what I say is that that is good that is good to have descending opinions I know that there's been quite a bit of discussion lately because of Some of the things that for example We had some Some alderman that wanted a special meeting that was to be held on account of some of the questions regarding the library There was a release today that basically said that The league of municipalities said that the the contract was basically not not legal But that issue could have been discussed at that meeting I think and descending opinions could have been voiced at that at that meeting also I was disturbed to find out that through all that process. I think we had seven alderman that wanted that That never went went through You know to try to squash Descending opinions because you either don't agree with them Or you don't like what they say is really not open government And another another issue was I know that Alderman dan burg I heard him on the radio of all places and he was Criticized because he was asking questions as being an alderman I thought that that's what alderman are supposed to do. They're supposed to ask questions They're supposed to want to know what is in the best interest for their constituents Um You now have a situation where you have Alderman shusha That has has been under fire also for some of the things that she has said Um, again, you may not agree with the messenger or the message But that doesn't mean that we have to squash a descending opinion. I think that if you're if you're going to look at Keeping an open forum and to to basically enforce Openness and to have any kind of dialogue that it doesn't matter whether it's alderman burg Or the seven other alder Persons that wanted the special meeting or alderman shusha that had some concerns regarding the The police department And again, I I I can say I am probably one of the strongest supporters of the police department I have come here on a number of occasions And through all the time would you like to ask for an additional minute to finish up? If they ask they can just have an extra minute according to the last document we passed in council It said they have an additional minute Okay And i'm a strong support of the police department for the last three years in our building I can tell you out of every incident that we have had in our building and and I probably Wouldn't want to say how many but i'll tell you what the police officers have been excellent We've never had one single problem Never once did we ever have a situation where an officer was not Did not uh present themselves in a professional manner or uh anything to that effect So even though I support the police department and I would continue to support them Um One of the strong beliefs that I have is that you do have to have descending opinions The reason of that is if you if you go through it by our building You'll see the american flag and you'll see a black flag, which is a pow flag Which I don't see a lot around in any of the state Buildings or even the city buildings We have it there and I also have a pen here that's from the vietnam memorial The reason is that A lot of people have given their lives In fact today as I speak probably in iraq There's young men that are giving their lives Today to have the rights that we have in this country because one of those rights is to have a descending view And to be able to speak out and to have Your your views heard now. Excuse me. Henry. I mean it is up. Okay. Thank you very much. I'm sorry. Thank you very much And last on our list is susan lasard is susan here Susan can you give me your home address, please? I sure can it's 5016 menning road menning And you will have five minutes. Thank you. Welcome. I'd like to thank you for allowing me To have my time to vent my frustration as well as question the council in regards to issue number 22 dash 11 on today's agenda An agenda that was made available to me by susan richards For which I would like to personally thank her for making it available to myself as well as any interested party A problem solved in less than one minute and put to work just as quickly a refreshing change when dealing with the issues of this city I have been writing letters taking pictures attending many meetings Listening to residents in the area of weeden creek and south business drive An area that I know and only work in as a property manager from mandoline apartments But as a tax-paying citizen in the community living on menning road I have been trying earnestly to bring this problem to resolve for over seven years I have asked my alderman to help me and missus sagali has I've asked the mayor about it and he stated he didn't know anything about it I spoke with mr. Radke and he said he would put it back on the committee agenda and didn't I called miss susha and she did not return my call until after I spoke out on the radio regarding this issue miss susas stated many things in her voice message to me at After the radio program and I have the entire tape with me But for time's sake I will only highlight the items that I felt so encouraged by but then Unfortunately found out that it was just a voice message with little merit As a committee chair paid person to the protection and safety committee and alderman on this council I thought her comments were truthful, but to my despair I will quote missusah said in her message to me I've been trying to get that issue back on the table for quite some time And what I did is I went ahead and put it on the agenda for next week I cannot guarantee that I'm going to get any answers out of the folks that I'm dealing with From the police department or public works The reality of this statement is at the committee meeting which was held and I did attend Miss susha stated to me that she had been on maternity leave when this whole issue was brought forth and really Didn't know anything about the facts of this issue Missusah then went on to continue to say of this message I have been told that this is not a high priority issue because they do not have They do not have more than eight accidents at this intersection. They only have six Reality studies have been done on this corner Or at least they told me that they've been done on this corner over a period of time that I have been fighting for a solution How does anyone know how many accidents and the findings of these reports if the findings of these reports have not been told To anyone or presented to anyone in committee Missusah then went on to say she was frustrated that we were closing down streets that only have two accidents per year And we are not looking at the high speed intersections where accidents that are more severe And there are more than six of them in a year. This highly disturbed her She again stated she was fighting for me behind the scenes and it was on the agenda But didn't guarantee that we would get any answers because they were also waiting to hear from the county But she felt by putting it out that maybe that would light a fire under somebody and they would actually go out and do their jobs And get some answers Reality nothing Miss sushi has not been fighting for me behind the scenes She was on maternity leave. We have studies, but no findings. We have accidents, but no plans to stop them We have county versus city I have a police department that agrees with the people in the community And I have side steppers our city police department and fire department respond to the accidents on this corner And we should have an influence on this decision at the committee meeting They decided to write a second letter letters are not working. I've been writing them for years taking out Talking out of both sides of your mouth is not acceptable when you're running the city You should know what's going on as this may again fall upon deaf ears as they have already told me That a grant was applied for but yet it really wasn't applied for I don't know who to believe within the city I asked the people who agree with the following to please work with me too Ask miss sushi to step down from the committee We need someone who does what she says and has the facts and works well with the police department She does not It is the safety of this community community that concerns me not a bunch of who shot john Publish or the report of the findings of the corner of weed and creek and cell business drive We have this study done. Where is it? Help me hold people accountable for their statements. I love the police and fire department They are the backbone of my profession I am insulted by missusius continued comments regarding these departments and i'm further insulted by her statements to me And then the public statements you've made to everyone else In closing, please be careful when entering the above mentioned intersection I'm concerned for everyone who passes through it when more blood and I emphasize more blood is shed On this corner. It'll be on the hands of those who may are made aware and chose to do nothing Thank you. Thank you That's it I'd like to thank all the people who spoke to the council tonight. I appreciate that very much. I'm sure the alderman do too As a matter of clarification on the Weedon creek county road ok road It has been a long ongoing problem That other councils and other mayors have tried to address Um The problem and it needs to be understood as there's dual jurisdiction at that point the county It is my understanding that the county has jurisdiction Uh a comparison that I could make is that casino that was brought forth these years ago Where the council could approve it? But if the county said no then the deal was shut off So there's instances where the county and the city have jurisdiction What I have done unbeknownst to uh miss lasard And it's not that I said I didn't know is that I said that there's double jurisdiction here And we need to be careful how we work with the county But I had requested about a week ago almost two weeks ago a report Uh from the police department that would itemize And inform me how many accidents we have had at that intersection And I wanted to know how many involve uh personal property damage and how many involve personal injury The police department keeps excellent records and when I requested this record It was brought to me and the record shows that in the last four years there have been 24 24 Accidents at that intersection seven in the last year This lasard is absolutely correct There's a growing need for concern and again unbeknownst to her I have put a letter on your desk that was shipped out today And I would just like to read that so that we we're clear on on the issue The letter is addressed to mr. William Gehring chairman mr. Adam paint administrative coordinator Dear mr. uh chairman gehring and mr. Payne during the past four years There have been 24 accidents at the intersection of weeden creek road and county county rode okay Last year alone there were seven accidents and two of those accidents involve injury All involved property damage to the vehicles As more homes are built in the area and businesses have expanded To the south of the city the frequency of accidents have increased of the 24 accidents in the past four years 25 percent have involved injury. This is an unacceptable number of accidents future accidents need to be prevented I am under the understanding that the intersection is within the jurisdiction of the county For that reason I am strongly encouraging you to take a lead in making this area this safer area for our quick citizens As quickly as possible a traffic light is desperately needed. Please contact me at your earliest convenience We need to put a strategy in place to protect our citizens The issue is not being ignored I'm trying to coordinate it with the county We've got dual jurisdictions involved And I feel certain that the county will respond in a positive way and we will get this corner this intersection Correct it And I would like to thank miss lasard for her diligence and pursuit of this Problem that we've had in our community that isn't our community yet isn't in our community But wherever it's at we shouldn't have 24 accidents and people getting hurt In four years that has to stop and I agree with you and I will do everything I possibly can I will give chairman gary and mr. Adam pain two or three days to respond. I will follow up with a call If I have to go to the county board supervisors meeting I will show up there and make an issue out of myself But it's got to be corrected A number of accidents are unacceptable and miss lasard. You're actually a little bit correct time to do something about it Thank you Moving on consent agenda all lemon graph Mr. President graph There's a motion to second I'd like to point out that there is a correction to be made on the third page 2215 An rc by finance that should be in our rc by public works Also, uh, alderman bowman has asked To have referred back to public works committee 22 26 22 27 and 22 28 Alderman bowman, would you like to speak on that sir? I thank you your honor items number 22 26 and 22 27 are referring to the dog run At the request of alder persons and the public this will be on the agenda thursday of this week business parties may come to the meeting to Correspond with us concerning the dog run for one more time. It'll back coming Excuse me. I'll be coming back out of committee then back to council for final recommendation. Thank you Thank you. Alderman bowman. Alderman sushi Thank you your honor. I would like a separate vote on 22 11 22 11 Okay, we'll take a separate vote on 11 and that is make a move The recommend in filing the document the rc Yes Please call them Are you making that motion to have a separate vote? I move that the rc be accepted and adopted Second any discussion on that would you like to explain why you're doing it? Yes What I'd like to do. Thank you your honor is Just explain a little bit about what goes on in the public protection and safety committee What happens is that? We have certain criteria that we adhere to relating to when stop signs go up relating to When stop lights go up, etc And a lot of times it's connected to the number of accidents that happen at particular intersections and As we were just talking about this is relating to the weeding creek and the okay intersection and The criteria there. Well, what happens there is that The streets are in the city, but the streets are governed by the county they're owned by the county So the county has to actually do the repair and maintenance But then if there's an accident there you have the city fire and the city ambulance and the city police that would respond to them Due to the high speeds, this is a concern area because of the high impact And the more dangerous types of accidents that could occur When this issue first came to the committee, I was on maternity leave and I've learned about the relationship that the streets are owned by the county And that the accidents are handled by the city just most recently at this last public protection and safety committee meeting However, I've been told that this was also mentioned back in july or august when I missed a meeting So everybody should have been aware of how things stood at that point in time But what I wanted to just bring up is that we get every single time we meet we have questions and requests for stop signs 95 of these requests are turned down because they do not meet the accident requirements six accidents per year Is borderline in regards to even putting up a stop sign But due to the speed that's going on out there It's a serious concern for myself and the committee and that is why we took the extra step and asked you to again Contact the city or contact the county on behalf of the city We are very concerned with what's going on out there and I want to thank you for putting this letter together Um, I think that if we would have let it sit in the um in the committee We were just holding this document We've been holding it for six months And I think that's a little bit excessive and I'll say to anybody that I'd like to light a fire under anybody's feet To get something to happen if it's sitting in a committee for six months I think we need an explanation as to why it's sitting there. So that's why we put it I put it on the agenda Because nobody else none of the department heads asked me to move it forward And I felt that sitting there for six months was just too long and it was time to make something happen So again, I want to thank you for writing the letter at the recommendation of the committee being that that's the only authority that we really have Over the situation. I feel that we handled it the best that we could. Thank you. Thank y'all and susha Any other allerman? Okay Please call the roll Dberg Eberg Surda Davis Graf Kittleson Manny Meyer Montemayor Ratki Segali Stefan Sushia Vanderwheel and Bauman 15 eyes Motion carries once again Taking all the consent agenda with the exception 22 26 27 28 being referred back to public works any further discussion There being none, please call the roll eberg surda davis raff Kittleson Manny Meyer Montemayor Ratki Segali Stefan Sushia Vanderwheel Bauman and Dberg 15 eyes Motion carries communication and petitions 22 22 36 22 37 to be referred report of officers to 22 38 Allerman president graf Thank you, your honor 22 38, which is a communication from the joy professional police association and also 22 39, which is a communication Daryl Nardi And 22 40, which is a communication from dimple Adams And 22 41, which is communication from barred Adams I would move that all those communications were accepted in the wild Second There's a motion the second to accept in the file 22 38 22 39 22 40 and 22 41 Any discussion? There being none. Holders in favor state aye Any oppose? No 1 a Motion carries 22 42 lies over Yes, I'm sorry To nays Okay, some majority ayes Thank you Allman sarda. Did you vote nay 3 3 nays majority? Okay. Thank you 22 43 through 22 54 to be referred Resolutions introduced 3 22 55 by alderman ballman authorizing executed a one-year lease For the agricultural property in the william a hasten industrial park alderman ballman Hey, thank you, your honor. I'd like to also take 22 dash 56 with it, please. Please do that'll also be a Resolution authorized by myself Executing a one-year lease for the agricultural property in the town of wilson formerly owned by john polk jr I'd move that both resolution be put upon your passage There's a motion the second to put resolution 22 55 22 56 upon the passage. Is there any discussion? Alderman sushia Thank you, your honor I know that I was in a committee meeting where we were talking about the $50 per acre And I can't recall was that an increase over last year And if you could just let everybody know how much of an increase that was and what the going rate is for acreage in that area Alderman ballman. I thank you again your honor the increase is only five dollars per acre But it is the actual going rate right now They were warned that these are one-year leases and they are and could be subject to another increase. That's anytime Thank you. Alderman ballman. He just further discussion on 22 55 and 56 There'll be a non madham c clerk. Please call the roll soda davis graph kittleson mani Meyer montemayor Radke sagali stefan sushia Vanderwill ballman Dberg and eberg 15 eyes motion carries 22 57 by alderman graph authorizing intern into a celery agreement with the municipal court judge president graff Thank you, your honor. I will move that the resolution be put upon its passage There's a motion to second under discussion. We should have a second clean That's okay. I would ask for suspension. Thank you Is there any objection to suspension? seconded There have been on please proceed And I would move that the resolution be put upon its passage And there's a second just second under on Did you wish to comment? No, I'm just gonna just make sure it's suspension Any discussion by the alderman There'd be a non. Please call the roll madham clerk davis graph kittleson mani Meyer montemayor Radke sagali stefan sushia Vanderwheel ballman Dberg eberg and serda 15 eyes motion carries 22 58 by alderman radke extending the exploration data the help and water feature advisory committee for the city of shaboy and Alderman radke Thank you, your honor. I ask that we pull 22 65 forward with that also, please 20 i'm sorry 22 65 22 65 Well, they require a separate action. Okay. No, just take one at a time. Okay, so on 22 58 I ask that the Resolution be put upon its passage Is there a second second under discussion? Under discussion, I'll just quickly mention that as you can see by the resolution that the The help and water feature advisory committee was scheduled to phase out automatically upon the presentation of their finance to this council That's coming up forward. That's what alderman. Radke was referring to 22 65. That's the the final report and recommendations detail on the committee's efforts When that report is submitted it accepted and placed on the file and the help and water feature expires Alderman radke wished and and the committee wished that the water feature Continue because now they're moving forward to try to secure funding to keep the water feature running That particular aspect of what this extension is allowing Was not part of the charge of the original committee and this is why it's important to extend the help and water feature Committee forward another nine months I'd like to thank alderman radke its chairman and the members of the committee for doing the next one job I was very impressed with their report. It was very thorough very professional Your committee and yourself did a great job. I thank you for that Any further discussion on 22 58? There being on madam city clerk, which please call the roll graph kittleson mani Meyer montemayor radke sagali stefan sushi van der wheel bowman dberg eberg serda and davis 15 eyes motion carries 22 59 and 22 60 lies over 22 61 22 62 to be referred Reported committee six 22 63 22 64 to be referred Reported committee seven 22 65 by the help and water feature advisory committee Submitting their final report and recommendation detail in the committee's report and developing its recommendation Alderman radke Accepted file. Thank you. Your honor. I move that the reporter committee be accepted And uh, there's a motion is there a second? In a second under discussion Thank you, your honor. I was going to speak before but I thought of my throat still do Um, I want to thank the committee members for helping us put together this wonderful report We had a lot of support in the community a lot of people that Move forward and asked to be part of continuing the project and finishing off the landscape and things and Uh, it's been a fun project to work on so far and we're hoping to finish this project up in just the next couple of months So thank you Thank you. Alderman radke. Alderman montemayor Thank you, your honor. I I wanted to express thanks for this wonderful report. It covers everything any question We might have regarding their committee. We've got the answer here. Thank you Yeah Alderman mani You're on You weren't you don't want to know I think it's mine. No Alderman steffen. Do you wish to speak? Thank you, your honor. Um, I guess just for the public Watching if Either alderman radke or I know mr. Deckers and the audience or something else from the committee Wanted to summarize their findings at this point. I think it is a wonderful book But not everybody's going to get to see it. So maybe they could just give a brief Synopsis of where they've been Or they're I'm sorry. You asked for Alderman ratkin. I know there's okay. Alderman. All right. He's here Thank you, your honor. We met several times or One two or three month period and discussed several alternatives as far as should we run this feature Should we not run this feature? We looked at the basic infrastructure of the feature And discovered that the community still wanted us. We had two public input sessions. We held Uh In the library on the saturday and on thursday night. We took emails from people. We also had Public input dropped at these input sessions as far as flyers were concerned I know the radio station ran Something online. We ran something on the city's web page And also the press ran a online poll on their website and the overwhelming response was four to one people Want to see this this running and one thing I forgot to mention just a minute ago. I want to really thank Dave beable for all the work he put into Getting this put together. He was really an asset to helping us out and the chairman Or the vice chairman of the committee bernard mark, which josh decker dustin havens jay morris brian plet to william wood because without those people This report wouldn't have come in and all the people in the community that actually came back and said they want to see The feature backup and running Thank you. Alderman ratkin. Alderman steffen. Is that okay? Thank you. Alderman kiddleton Thank you, your honor. I just wanted to to ask the question Is this booklet available? Somewhere in the community or for anyone to see if the public wanted to look at the recommendation. Is that available anywhere? Great idea. It really is it. I'll admit that But if there's anyone that would like a copy of that if they would call my office and we'll make a copy available to them It's a good idea. Thank you Alderman deberg. Thank you, your honor. I thought maybe if they could have several copies Right at the library That if people go to the library that they would be available right there. That's another good idea. Alderman deberg. I think we can do it tomorrow Thank you. Alderman ratkin Thank you, mr. Or your honor I'll talk to vice chairman mark of it. She was also president of the library board I'll talk to mr. Beebel. I'll see if we get copies of this available for public inspection at the library I'll make a call tomorrow morning. Get that. I'll take care Thank you Okay president graph This is going to encourage everyone to hold on to this this report regarding the water feature and Because i'm sure during the next couple months we'll be getting all questions as to where this information comes I came from and so forth and we can use it when we're talking to our constituency To ask to let them know exactly what went all into planning In re-opening or are doing something with the water future. Wonderful. Good idea, sir. Thank you Any further discussion? Okay, there being none Polls in favor of the motion to accept and adopt please state aye Any opposed motion carries reporter committees 8 2266 by finance recommended authorizing the appropriate city officials to execute the development agreement for the morning star condominium project Alderman drop Thank you, your honor. I would move that the rc They accepted filed and that the second adopted excuse me and that the resolution be put upon its passage There's a motion to second under discussion allerman susha Thank you, your honor I just wanted to say that initially when this came in Four weeks ago to the finance committee. I voted against it And initially the reason was because when this group came in They said that they were going to bring in a 20 million dollar project to the tax base And we needed to give them two million dollars to do the environmental cleanup And then when it came back to the committee four weeks ago Things had changed now. They weren't so sure if they were going to build all three phases and they might only build a six million dollar project But still they wanted the two million dollars in the cleanup I was glad that this issue was referred back to finance At the last council meeting because it was it was able to give us Better clarification in regards to the two million dollars That we're going to allow them to basically keep their property taxes They're going to take out the loan and then they use their property taxes to pay off the two million dollars But now there is a caveat in there that that they can only Use of that two million dollars. We will only give them up to 20 percent of the value of what they built So if they only build six million dollars, they don't get two million dollars from the city So that that made me feel a little bit better. So they'll only get a portion of that money I'm still not too crazy about um, if they start the second or third phase within the first 10 years Then we will extend Them another five years to pay back the two million dollars. I'm not too crazy about creating this type of tiff district for 15 years But I do feel better that um, we won't give them the full two million dollars if they don't Produce a 20 million dollar project. We're not going to give them the full two million dollars So I will vote in support of this tonight. Thank you. Thank you. Thank you all, ma'susha Just as final word on that this uh Contract has had extensive And I mean extensive of oversight by our city attorney myself Mr. Gephardt Mr. Enders and mr. Holton, we've all looked at it Back and forth and i'm comfortable that it it's a good agreement and I'd ask for all of them to support it Any further discussion? They're being on please call the roll madam court kittleson mani meyer montemayor ratki sagali stefan sushi van der wheel balman deberg eberg serda davis and graff 15 eyes motion carries 2267 by public protection and safety recommend and authorizing the purchase in agent to enter into a contract for the purchase of 20 taser weapons allerman susha Thank you your honor. Um, I move that the rc be accepted and filed and that the resolution be put upon its passage There's a motion to second under discussion. I'm sorry. Who's second today? Thank you Under discussion uh allaman montemayor Thank you your honor. Um considering one of the public forum gentlemen tonight i'm Could you could you would we be able to ask chief kirk that of the tasers will be compatible with the cameras when they're available? I'm sure they will be. Yes chief kirk. Would you please step up sir? Thank you, mr. Mayor kind of council. I think you answer your own question certainly they will be And if there was also another question earlier today by uh Alderman radke as far as the camera The dollars it's under a different cost center and the dollars for the cameras are still there also Alderman First one's blinkin is alderman mayer Thank you your honor. Um chief kirk. I just want to make sure that the cameras will be In place by the time the tasers are going to be used We are not going to use the tasers without any cameras at this point Because I just don't want to open ourselves up to lawsuits Well the issue of the camera is very interesting in the sense that will they not be used until The cameras are put on uh the cameras Came out initially. I should say came out the ideas of the camera came out by tasers several months ago They have been trying to work on these cameras. They have some test cases out there We have been informed that the cameras will not be available until perhaps mid to late summer or possibly early fall I have been advised that we have Excuse me We have an order in for the cameras the taser corporation or this this company. We're dealing with Does have that that order in Once they're made available to the public or to the police department We will certainly get those cameras at this point I can't assure this this committee or this common council of the mayor at this time that we will not use them without the cameras Certainly once they're available They will be attached to those taser units. Um, so that's that's where we are at this point Okay, alderman mani next You're not They told me they were You never get to talk Okay, then you're next president gruff Thank you The chief of the answer I question because uh, I wanted to know how long you if any time frame had been established Let's do when the cameras could be Yes Thank you alderman sagali Thank you, mr. Mayor. Um, I think we waited long enough for these tasers We've gone back and forth and back and forth and back and forth And yes, I know the cameras are going to be made available When um when they're there, but I think the officers need to be trained in the use of these tasers Now and not a year from now because a year from now something else might come up and they'll decide No, it's not going to happen. So we need to have this happen now Alderman Stefan, thank you your honor. I guess I just want to clarify this though I don't have any problem with us training Without the cameras, but is that a process that's going to take a few months I mean, I guess I'd like to see the cameras before we actually use them in the street potentially obviously You might say I don't you know first of the month they're going to be used in the street You might not use them for a month. So you really don't know until but it would be expected Before they're actually Done with the trading and used on the street the cameras would be here or is that not the case necessarily? Then not the only information that I'm receiving is that by mid to late summer Or at least late fall these cameras will be available Okay, they have not been sold to any police departments. Okay, so I guess what I'm saying is Is this as past tonight your intention is to Go through and train the officers and when they're done training they'll go on the street with or without cameras Absolutely correct. Okay. I would like to make an amendment To purchase these they shouldn't be used on the street until the point where we do have the cameras I think you know, I have no problem with the officers training But I just think you know It makes sense to wait for the cameras to actually use them Okay, the amendment is to purchase a taser weapons But not to actually use out in the field not to actually use them Okay until not not the purchase of them just not to use them. Is that what you're saying? Right. They can purchase some they can train with them. They just shouldn't use them in the field Put them out into the field the vehicles until the point where we have the cameras There was a second compromise Second under discussion Okay, now we have Alderman Mani. Thank you your honor I know the police department will be developing a very thorough guidelines for their usage And I'm sure that that will be shared with public protection and safety so that we are all informed about that um those guidelines And in an appropriate time frame, I would like to see those before us all so that we can see Very clearly the the linearizations their usage That policy in place that might help us better understand this picture of use with or without cameras for instance I would rather have an officer use a taser when his life is endangered directly As opposed to his gun The gun is more fatal than the taser So it just shows very distinctly that in certain cases the taser would be preferred usage to a gun Even if there's no camera. So thank you policy guidelines. I think it will be helpful for us to look at I would like to uh I'll let Alderman Serta Let your address for council Thank you your honor my understanding from what you had said chief kirk is this is a new Implementation correct with the taser corporation That's absolutely correct. Okay, and I see some similarities for instance prior to having airbags. We have seatbelts But we don't we don't stop using our cars to wait until they put in airbags And you will make sure that we would adhere to all the safety guidelines in using these tasers And that by having cameras, that's just an additional asset to the tasers, but they still can be used I would ask the Alderman consider of proving the purchase And the use of the tasers let me explain why Because when the initial recommendation came into purchase the tasers There were no cameras attached And we were going to approve them and we're going to equip our police officers With that particular taser gun so that they can use in their defense When the chief and I have been working together very closely as a team He and I were concerned that the first thing that happened probably will happen is when somebody gets popped with one of these things First thing you're going to say the police shouldn't have used it. They should not have used it So there were two things that we're going to kick in one of them was a strong policy that chief kirk has already addressed to us more than once Very fact specific very clear very traceable where taser gun is used They can go back and actually track back the behavior and so forth And then the second way that we're going to protect our officers is To have camera installed that came later. We had already agreed to purchase them. We had already agreed to let them use them I don't see why we should now hold them back and say you can't use them until we get cameras The people that that Attack our officers They don't care if they have cameras or not. They're not going to wait around for us to buy cameras I mean the unruly behavior that conduct is out there and it exists right now While the cameras are a good idea and I fought hard for them because I was looking more to protect our police department So that nobody can come back and make false claims against them that they were wrongfully used I think that the second phase would be just as good And when the cameras come in it will be even better and that first phase is the policy that chief kirk will pull into place Once said policy is in place The tasers should be able to be used in in their line of duty and I think they will be adequate to to for for our protection until those Cameras come in that's chief kirk has stated those cameras are not in They've been ordered Nobody has them. How long we have to wait. I don't know we cannot wait and put our police officers in jeopardy And we need to be careful that we don't do that. So I would urge the council To please approve it tonight and vote against this amendment so that we can move forward and approve the purchase of the tasers chief kirk If I could just explain a couple different different issues here The reason we looked at these in 2004 we had a hundred and I believe 29 resisting arrest cases of that 30 Some of my officers or our citizens were injured at that time during 2004 I believe it was 29 29 times we used oc spray And three times we used a baton strike or a baton in in a strike Now if you look at the force intervention And if you look at where they the state had indicated tasers could be used Tasers are not to be used or not to be relied upon only in life and death situations when an officer uses a weapon They're used at the same level of oc spray and a baton So I think we're we're misguided at times as to where we believe these should be placed They're they're to be used at that time when someone Threatens the use of force or is resisting arrest. This is where it's placed Okay, and that is the issue we're dealing with is the officers who are injured and or citizens who resist arrest who then become injured So I will guarantee you the the policy will not allow at only times that it to be used is when It's a life or a death situation So with that we presented To this to a common council perhaps not this common council, but we present to the common council the tasers the program I think we're rehashing some of this things the common council already gave permission we can set up information For the common council if you wish to have a session once again to have people from taser or trained Trainers come in to explain some of these issues or consequences of what occurs and things of this nature as Henry Capitello said tonight, and I hate to cite Henry, but I will Um, we at times should have our difference of opinion and I would I Oppose many of the issues that mr. Montemire has said I don't believe it's accurate And we would be able to present information to the contrary, but I think at this point You're absolutely right, mr. Mayor In the sense that when the cameras became available We made it known to you But that was way before or way after we approved the use of the tasers So I would train my officers and use them without the cameras. I think To just put a camera on these tasers Does not make my officers more accountable does not Make them less or more likely to use this this tool It is just one more piece of equipment that's attached to that tool to be used and to infer that It's going to show when the officers use them wrong or the officers won't use them because they're not using them at the Right time. I think it's wrong My officer spoke earlier officer williams of the the mission that mission statement that we live by and certainly we are holding our officers Accountable for their actions and these in this area of the taser use is certainly one area that's watched very very closely by Administrators. Thank you chief Alderman Ratke Thank you your honor. I guess it's it addressed him, but chief kurt otherwise he can take yes, okay I guess the question I have in my mind is there's a lot of controversy out there about it We keep hearing it back from the community One is a policy going to be here that we can have it on our desks and actually read it That's my big question right now. I mean tasers are on their way When the cameras become available you're going to order them and we've got the money for it So that's not the real question I guess the real question is still in my mind is what at what point do you use the tasers and we've asked for the policy We have not seen it yet When it becomes available will it be on this desk for me to read as soon as you have it completed Sure, we have not yet completed that policy and if you wish to have a copy We can certainly get you a copy and the rest of the common council copy But if you want to come down and take a look at our policy book, we have about that thick of a policy book Rest assured We are a state accredited agency Which speaks very loudly of the professionalism and of our policies. These are reviewed by an accreditation Standards board and these standards are not in fact each and every policies reviewed by the city attorney's office and sent back To our department these policies withstand Reviewed by the attorney or the city attorney by an accreditation standards board and they will not be off Anything that is recommended by the state and or taser international Thank you chief alderman eberg. Yes. Thank you. I guess there's a general point of information The last time this came up. I went to ebay and googled on the ebay site the stun guns I think there was something like 900 vendors. They're illegal in wisconsin But they're not illegal to sell the nearest vendor was 65 miles from shabuagan So I think in terms of availability of devices like the general public without precaution I think it's apparent when devices like this are listed on ebay And I doubt that the people who sell devices like this on ebay are very concerned about where they ship them So the state of wisconsin or not. Thank you Thank you, your honor Just to echo what chief kirk has mentioned and the question about the policy I did review the policy directive manual changes I want to say a week ago And I sent them back if I recall Unless I'm incorrect chief kirk. There is a provision that every time a taser is used. There's a report that's filled out So it it's not taken lightly and They do document each use and review each use to make sure it's it's being used pursuant to the policy as well I couldn't quote said here and quote you know What the policy is exactly but the as chief indicated that my recollection is it is I want to say continuum of Of force, but that's not the buzzword, but it it is in there in the same category as oc spray and I think the policy is well laid out. I was Interested to find out if it was My main concern was whether or not it was consistent with the state standards and I understand it is Thank you Omar reckey anymore Second thing Thank you, your honor I'm not trying to question the making of this policy or the accreditation I just I'm saying I'd like to see it here so I can better understand to answer the questions that I receive And once I read it over then I can maybe ask better questions of the chief or any police officer That's that's what I'm looking for to be better informed on my very on my own. Thank you Thank you. I want to write to you And before we take the vote just as final just a final reminder the council had already approved the personal taser guns They had approved moving forward with it. They were going to be used Coming back with it finding additional money to install cameras was just an added feature It would help protect our police department when they use it. That's all it was We will take a vote now on the amendment All right, the amendment is please the amendment would be an aye vote would be to wait to use tasers In the field until the cameras are here. That would be an aye vote to do that Manny Meyer Montemay or Racky Segali Stefan Sushia Vanderweal Bauman Dberg Eberg Serta Davis Graf and Kittleson Three ayes and 12 no's motion fails. I will take the vote on the Resolution is presented. Please call the roll Meyer Montemay or Radke Segali Stefan Sushia Van Vanderweal Bauman Dberg Eberg Serta Davis Graf Kittleson and Manny Thirteen ayes two no's Motion carries The port of committee 9 2268 by public protection and safety recommending amending the code so as to delete And add various positions from the fire department's table of organization Alderman Sushia Thank you your honor I would move that the rc be accepted And adopted and move that the ordinance be put upon its passage The motion is second under discussion There being on please call the roll Montemay or Radke Segali Stefan Sushia Vanderweal Bauman Dberg Eberg Serta Davis Graf Kittleson Manny and Meyer 15 ayes Motion carries Ordinances introduced 10 2269 2270 to be referred Matters laid over 11 20289 and RO RO number 53050506 by the city clerk submitting applications for private well permits for various locations As for motion to accept the file Alderman Bauman Thank you your honor I moved that the our report of officer be accepted filed Second Motion in a second Under discussion There being none all those in favor state aye Aye Any oppose Motion carries 2161 resolution number 2480506 by Alderman Graf Montemayor and Davis authorizing the city of Sheboygan Officer of the mayor to enter into a contract with the University of Wisconsin-Madison That will provide Dr. Barry Ordin As a consultant to assist the city of Sheboygan In its re-franchise agreement with the charter cable vision Alderman President Graf Thank you your honor I would move that the resolution be put upon its passage There's a motion to put the resolution upon its passage under discussion Alderman Cigali Thank you Mr. Mayor Could you please just kind of explain this a little bit more What the re-franchising agreement is Does that mean that charter we have to now start a whole different process with them or We have a contract that's scheduled to expire at the end of the year And because it's scheduled to expire then we need to renegotiate that We don't have or at least it's been the feeling of the city that we don't have the expertise in that particular area to Negotiate a contract with the cable vision So what the city has done in the past and and we're doing now again is to hire a consultant and that's the consultant that has been recommended Do you go out to I mean do you just stick with With charter or do you go to a different Franchise or because charters in town. That's what we deal with or do you put out bids or Nope Attorney McLean Thank you your honor Alderman Cigali the process is Any cable company operating in the city of shabuigan Is required to have a franchise with the city and that's the franchise allows the cable company to use the public right away to put their cables That's why Satellite dish companies don't need any approval from the city. They don't use the city right away but charter Has approached the city and has has had a franchise in the past and Is requesting to continue that franchise it as the mayor said it's due to expire and that needs to be renegotiated Um It's not an exclusive franchise In other words another time Warner could come to the city and also request a franchise if they If they wished That creates problems for the two of them. So That hasn't happened in the past, but As I say, it's not an exclusive franchise, but The process Is somewhat complex and the the technology behind cable and the service That they can render and so forth Changes so rapidly. It's really in the city's best interest to use an outside consultant that and this Mr. Orton is nationally recognized in the field It's it's helpful to have someone who Does this on a regular basis negotiates with these cable companies. So he knows what Uh The franchisee Whether it's a time Warner or charter or whatever in Fond du Lac has agreed to do He knows, you know throughout the state what the cable companies Have been asked to do and I've been willing to do and what they haven't been willing to do. So That sort of thing We really don't have the knowledge of that don't really know a lot of the questions to ask or things to ask for We did use Whenever it was 10 years ago The same Firm it wasn't that mr. Orton himself. It was an associate of his that the city hired as a consultant as well and I think The service we get is is worth the worth the money What's really the bigger Problem or issue down the road is The chance that the federal government will change the laws on Cable companies Cable providers and take away municipalities ability to Issue franchises to these cable companies as I said Satellite companies don't have to do this. We get a franchise fee from charter 5% of their gross revenue. It's a big number The federal government Is Looking at taking that away because they they see all these cable companies having to negotiate with every municipality in any event That's a long-winded answer to your question, but I think it's warranted that we hire a consultant Thank you turn it McLean We had all over stefan Thank you your honor. I just wanted to add We've dealt with this in finance. You can perform Mike Hott's retire he kind of clued us in that this would be coming down the pipe and what the procedures were I just wanted to mention three things that are kind of important at least for all of them in sagalia as well as the public It's not an exclusive fee, but it is very much weighted in the federal guidelines toward the current Because they've got infrastructure and lines and stuff. It's You know, it's not like it's a 50-50 chance if somebody else comes in and underbids them It's very heavily weighted towards the current Holder of the contract and by federal guideline the two things that are non-negotiable Are the cost and the choices of channels? So you won't have to get phone calls from people asking you what it really is as negotiating infrastructure You know studio stuff at uw center or different areas like that, but those two things are by federal contract are not Negotiable so the two that you think you'd want to be negotiable or not Thank you Well, my president growl Thank you. All right, and one last comment to make on this the cable provider does reimburse the city For the consultants costs up to a cost of 30 000 dollars What we're asking for tonight is a a cost not to exceed 15 000 dollars for this service Thank you Your honor if I could address that attorney McLean for for clarity the The the language in the franchise ordinance says that yes that they reimburse us for consultant costs not to exceed 30 000 dollars When the last franchise Contract was entered into That was prior to Some changes in the federal law the the cable companies now take the position that the The language in the statute that's operative is something to the effect that we're entitled to a maximum five percent franchise fee plus incidental costs in renegotiation They don't necessarily agree and there's case law to the effect that from other states that They have courts have held that they're not bound by this sort of language. This is sort of national language That that may not be binding So that's that's one of those things that's Going to be negotiable as well. I think while this is the language in our current franchise agreement and we would push that It's not necessarily cut and dried that we're going to get reimbursed all that Okay, thank you attorney McLean We have a motion and a second resolution upon its passage Please call the roll Red key Segali Stefan hi Sushia Vander wheel Bowman D Burke Eberg Serta Davis graph Kittleson Manny Meyer and Montemay or 15 eyes Motion carries 21 62 resolution number 2490506 by old one graph montemayor and davis authorized a transfer of appropriations in the 206 budget Thank you, and I would move that the resolution be put upon at the pass Second there's a motion the second under discussion There being none. Madam clerk, please call the roll Segali Stefan Sushia Vander wheel Bowman D Burke Eberg Serta Davis graph Kittleson Manny Meyer Montemayor and Radke 15 eyes Motion carries 2192 resolution number 250506 by Alderman Sushia Authorizing the appropriate city officials to execute the 206 jag program award memorandum Of understanding between the city of shabuigan and the county of shabuigan Alderman Sushia Thank you your honor. I move that the resolution be put upon its passage Motion and second under discussion There being none please call the roll. Madam clerk Stefan Sushia Vander wheel Bowman D Burke Eberg Serta Davis graph Kittleson Manny Meyer Montemayor Radke and Segali 15 eyes Motion carries 2194 resolution number 250506 by Alderman Montemayor and Meyer amending the composition of the building use committee Alderman Montemayor Thank you your honor. I move the resolution be put upon its passage There's a motion to second under discussion President growl Thank you your honor At this time, I'd like to amend this document to um In the now therefore be resolved section that um the composition of the building use committee Is hereby amended to consist of instead of three all the persons four all the persons And three citizens at large as voting members And then the rest is the same Okay, and I would so move that Motion to amend in the second And again to get it clear there will be one alderman. There's already three there that comprises the Building use committee. There will be one alderman additional alderman added and three three citizens So there will be Four people at it And I'm just under discussion. Yes Part of this is is being done there's been a lot of citizens inquiry about Serving on this committee, and I know the mayors are pointing Those people to do that And I'm already I believe you have two names already and I have several more to submit to you to Who are people who have expressed interest in this? And then with that if we do three we should really have more alder persons on it And um, I would recommend that um alderman kittleson be the the alderman Put on that because she has been attending all the meetings as well as she has been very um Looking for as much information as she can on the police station Even traveling to various places looking at the various police stations And I think she'd make a great addition to the committee. So when you make your appointments, I would suggest her Thank you. Thank you very much President graph On the graph, can you just clarify the amendment? It is to change the composition of the building use committee to four all the persons and three citizens at large. Is that correct? Thank you And then amendment is I think a wise amendment broadens the The scope and participation of the committee and it does increase it by one alderman Additionally, so it's an it gets the community input in it. So I think Some good amendment Anymore They're being on please call the roll This will be the on the amendment and the amendment would an I vote would be to change the composition of the building use committee To four alder persons and three citizens at large an I vote would do that Susha Vanderwheel Bowman Dberg Eberg Serta Davis graph Kittleson Manny Meyer Montemayor Radke Segali and Stefan 15 eyes motion Passes amendment passes now. I need a motion to pass put the resolution pass it as amended Thank you. I would move that the resolution to put upon its passage as amended Motion the second under discussion The resolution as amended There being none, please call the roll. Madam clerk Vanderwheel Bowman Dberg Eberg Thank you. Serta Davis graph Kittleson Manny Meyer Montemayor Radke Segali Stefan and Susha 15 eyes motion carries 21 78 general ordinance number 870506 by all of an Susha Vanderwheel Radke Meyer and Montemayor relating to parking regulations to add a stop sign on Lincoln Avenue at North 6th Street on the northeast corner Alderman Susha Thank you your honor I'd also like to take 21 79 881 with it. They're relating to signage Changing some school zone signage. I make a Motion that all these ordinances be put upon their passage Motion the second to put all these ordinances upon their passage and just as a notation all these ordinances pertain to parking regulations Motion second any discussion There being none. Madam clerk, please call the roll Bowman Dberg Eberg Serta Davis graph Kittleson Manny Meyer Montemayor Radke Segali Stefan Susha and Vanderwheel 15 eyes Motion carries other matters authorized by law 22 71 will be referred to law and licensing and public works 22 72 an RO by the city clerk submitting a communication from Genevieve being in questioning why it is inappropriate for all the persons who should erase fair and important questions at Point to the continued need for monitoring how things are done in government Alderman drop Thank you your honor on That arrow along with arrow 22 73 and I would move that both are always be accepted and and placed on file The second one is a communication from Beth Reher thanking all the persons who should for keeping abreast of what is going on in the city There's a motion to accept in file 22 72 and 73. Is there a second to that? There's a second Uh I've got Alderman Segali going first. Vice president Berg. Did you wish to speak to? No, okay Alderman Segali you're up Thank you, mr. May. I guess I'm a little confused was 22 deaths 71 have we already done anything that's a That was referred. Oh, that was referred. Oh, we don't take on law and licensing and public works. We don't vote on that That's referred Okay We got 22 72 and 22 73 on the floor motion to accept and file any discussion on that further There being none all those in favor state. I any opposed motion carries 2274 a resolution by alderman berg To include an advisory referendum question on the fire department fire department based ambulance service on the april 4 206 election A spring election ballot vice president berg. Yes, thank you your honor. I'd like to ask for suspension of the rules There's a motion to suspend the rules in the second Any discussion on that Pardon me And when there's an objection we had to take a vote anything else We'll take a roll call on the suspension Okay Yes, let's see what the suspension doesn't okay. This is to suspend D berg eberg surda davis graph kittleson mani meyer montmayor radke sagali stefan susha vander wheel and bowman eight eyes seven no's motion fails resolution uh by alderman berg 22 74 will lie all over automatically unless somebody wants to file it Okay Eight eyes you said eight eyes seven no's requires a three-quarter vote Vice president berg. Yes, thank you My reason for suspension was that this was the last opportunity we had to get this on the every bell That's still the case that really if this lies over for two weeks, there was no ability to consider this for referenda That's correct alman berg. Um, I need a six-week window in order to get it on the april ballot at statutorily I've got to publish the referendum question four weeks prior to the april election And I have to get this question to the county clerk at the end of this month by the end of february and Next upcoming elections will be in september and november with november being the gubernatorial. Yes In that case, I would move to file and I'll bring it back in november There's a motion to second to file 22 74 under discussion Under discussion. That's what I had asked to their motion to file because there's no room anymore. So, okay There being none There being none all those in favor say aye any opposed motion carries 22 75 a resolution by alderman vernachron ballman berg serda davis gruff kittleson manny mire sagali stefan And vendor wheel authorizing the establishment of the city of shabuigan ambulance committee to investigate The possibility of placing the ambulance service in the shabuigan fire department alderman ballman, oh stefan alman stefan. Thank you your honor. I would move that the Resolution to be uh referred to the strategic fiscal planning commission There's a motion to second to refer 22 75 To fiscal planning committee Under discussion just as a fyi. I don't know if the committee will change the resolution But obviously setting up this committee would be, you know, not make a whole lot of sense to do it A month before the election. So, you know, I talked to most of the people who co-signed and they all were under the understanding That if this past came back from the committee that the mayor wouldn't make the actual appointments until after the election in the april elections because That's you know, makes more sense. Thank you. Alderman stefan Alderman stefan, can I ask you that you want this referred to strategic fiscal of the new common council? Is that correct or not? Thank you, so we're simply referring it tonight. Thank you any other comments questions All those in favor state aye Any opposed motion carries 22 76 an oral by the city clerk submitting a communication from carter paulis Requested that the common council direct the ethics board to investigate potential wrongdoing Or improper behavior in the office of elder persons sagali berg serda and van akron to determine whether censure or removal from office is warranted Or other options to be considered and suggestions for the resolution to draft to drafted address the same Alderman susha Thank you, your honor. I make a motion to file this document There's motion the second to file under discussion Thank you, your honor I just would like to state that I think that it's time that these childish antics come to an end Um, I know that I think everybody here knows that there's nothing in this document that rises to the level of Being in violation of an ethics complaint. In fact, I'll even ask city attorney mcclain if there's anything in here that is unethical Attorney mcclain. Thank you, ma'am Whether it's unethical, I guess is a determination for the ethics board, but I don't think It would be appropriate to send this communication to the ethics board. I think filing it probably would make more sense Thank you. I just would like to go on to say that before everybody leaves this room tonight I would ask that they look at the table of organization that is hanging on the wall over there What you'll see at the top is that the alderman and the mayor oversee all of the departments and That means that We have to work together But ultimately we make the decisions and they have to do basically what we say if we don't make the right decisions What's not on that table of organizations is that the citizens are above us and if we make bad decisions and they can Choose to remove us from office So I would ask that we try to stop going ahead with these childish antics And that we move ahead collectively as a group and we do our job and move forward. Thank you Thank you. All the sushi There's a motion on the florida file 22 76 holds in favor state. I Any opposed motion carry one opposition One a abstention one abstain Motion carries Other matters attorney mcclain Thank you your honor 22 77 is an aroh by the city attorney submitting a communication being an opinion from the legal wisconsin municipalities Regarding the library director's employment contract as requested by the common council And that will be referred as To the special meeting that we will hold on wednesday at 6 30 Alderman if you would on 22 77 that document if you look at your agenda for the special meeting on wednesday Save this document because that is your document for wednesday. So don't get rid of this one. Okay. Just as a word Thank you. Bring it with you. Right. Yep. That's what I mean. But please continue attorney mcclean 22 78 is a communication from jerald lutzki 1533 kentucky avenue regarding his opinions on bringing the uss edson to shabuigan And that will be referred to marina and harvard committee and the tourism advisory committee 22 79 is a claim from david gallionetti for alleged damages to his vehicle when the city's Snowplow struck the vehicle that will be referred to special committee on risk management 22 80 is a communication from scott owart regarding his dissatisfaction with the treatment of a parking ticket while visiting the city That will be referred to public protection and safety 22 81 says the same thing on the cover sheet, but i believe the attachment is a letter from debora miller Communication from debora miller regarding parking problems her and her family are having in the area of memorial hospital And we'll go to public protection to see 22 81 22 82 is a communication from fire chief jay lutz dusky stating that he feels it's premature to solicit public input And or a referendum based on the fact that the council does not have concrete information to provide the citizens at this time Regarding the ambulance service and that will be referred to strategic fiscal committee President graff before we adjourn Yeah, the communication from the fire chief. I would move to file that because we aren't Having a referendum anymore Well, that's that's true There's a motion a second to file under discussion Did everybody get what all of what president graff said? Okay. All those in favor state all of mitsucha Um, thank you your honor, but I think he's also It's premature to solicit public input and strategic fiscal planning right now has four public input sessions on the book so I don't know if you want to still move ahead and file it or Send it on to the committee Motion is withdrawn as a second withdrawn, okay That'll be referred to strategic fiscal committee motion to All those in favor state aye, okay We're drawn