 Call to order the September 4th regular council meeting. Will the clerk please read the code of the day? Yes. The single biggest problem in communication is the illusion that it has taken place. Will the clerk call the roll please? Devere press 1. 15 present. There is a quorum. Alderman Decker is excused. For the Pledge of Allegiance, will Alderman Lassard 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. As for approval of the minutes, Alderman Hamlin. Thank you, Mr. Mayor. I move to approve the minutes of the past council meeting. It's been moved and seconded to approve the minutes of the past council meeting. Is there any discussion or changes? Hearing none, the clerk will call the roll. 15 ayes. Motion carries. Confirmation of the mayor's appointments. The mayor's appointments. For the council, I hereby submit the following appointments for your consideration to the Business Improvement District, David Gass, business owner, Tom Brickley, business owner, Mike Vandersen, business owner, David Hanneman, property owner, David Sanderson, property owner, Katelyn Brotz, business owner, Mike Miller, business owner, Eileen Simmons, property owner, William Holdbrook, property owner, Larry Schaefer, property owner, Chad Pellecek, city government. All, well, the first, one, two, three, four, five, for firms to expire 9, 30, 2013, and the last six to expire 9, 30, 2014. Signed by the mayor. That will lie over, and for the council's information, the bid district is coming up with a new set of bylaws and rules, and this will conform to their new, from a 13 man committee they currently have, to an 11 committee that they'll be bringing up in the future, and we'll have to pass that before the end of September, so that's why these are being applied over now. Now, the confirmation of the mayor's appointments. Marilyn Montemayor to be considered for appointment to the Historic Preservation Housing Rehabilitation Loan Commission to fill the unexpired term of Jason Shane, whose term expires for 21, 2014. Alderman Hammond. Thank you, Mr. Mayor. I move to accept the appointment. Second. It's been moved and seconded to accept the R.O.L. and approve the, Can we take the other one, too? Pointed. And the other one? Mario Chautala to be considered for appointment to the mayor's international committee term to expire 4, 22, 2013. Alderman Hammond, both. Yes. Any further discussion? All those in favor, the clerk will call the roll. 15 ayes. Motion carried. Public forum tonight? Yep. We have this evening, Delcey Johnson. Delcey, can I have your home address, please? 1306 North Third Street, Sheboygan. And you will have five minutes. Thank you. Mayor Van Akron, Alderman, city clerk Richard, city attorney McLean and citizens. Board docs was presented as an opportunity to help citizens who follow council meetings on cable to be better informed. The agenda documents would be displayed on a screen in the council chamber for all to see. I questioned how it was possible to display the consent agenda, which sometimes numbers 20 documents, so that citizens would be able to read them in the two or three minutes that it takes the council to dispose of them. When it turned out that it is not possible to show those documents, I was told it didn't really matter because all of those items had already been dealt with. But what about documents that are referred to committees where if a citizen was concerned about an issue, they would have time to call an Alderman or probably attend a meeting where that issue would be discussed. The answer to that was that before board docs, citizens didn't have the information either so it didn't matter. Cable viewers never see a single document. I am a conservationist and avid recycler and I support the idea of a paperless council. But to present the concept as a way to better inform the public is disingenuous. Actually, it is a step backwards because now on controversial issues, citizens do not know how their Alderman voted. I haven't attended a council meeting for many months so I don't know the situation in the council chamber. But for those watching at home, a person cannot possibly find the names of their Alderman to know how they voted because the information is displayed for such a short period of time and in a random order, depending on who pushed their response button first. I don't know the cost of the electronic system for the council chamber, but from my vantage, it was wasted tax dollars. I would also like to discuss the reorganization of the fire department. It is of course a given that the department responds to various emergency situations. But in 2011, the department responded to only 90 structure fire calls. That's fewer than two calls per month per station. During the first quarter of 2012, the department responded to a total of nine structure fire calls. During the second quarter, the department responded to seven calls. It is possible that some stations did not receive a single fire call during a month or even a three month period. But in his second quarter report, Chief Herman wrote about the rash of recent fires. The last time I remember a discussion of closing the station, Chief Herman expressed concern about what would happen if there were two fires at the same time. That is a possibility of course, but should we staff five fire stations on the chance that at some time there might be two fires at the same time? Correct me if I'm wrong, but I don't think we staff our police department for the possibility that at some time we might have a Columbine or Aurora Colorado situation. I hope you will also consider half full pay, half paid on call as an option. That idea raises another red flag for Chief Herman who will argue about response times and personal safety. But approximately half of Sheboygan's firefighters live outside the city, where they depend on volunteer fire protection for their property and families with evidently no concern about response times and personal safety issues. If volunteer responses are acceptable for emergencies for firefighters living outside the city, paid on call should be a viable option for the city. Ambulance transports take firefighters away from the city for several hours at a time, possibly six hours in an example given by Chief Herman at a salaries and grievances meeting in 2010. But Chief Herman does not seem to be concerned with not having those two or three firefighters available for firefighting duties while they are away from the city for possibly six hours. Sheboygan has more fire stations per square mile than any other city of comparable size and population in the state of Wisconsin. Sheboygan's service area is 14 square miles. By comparison, Janesville is 28 square miles and has five stations. Beloit, 15 square miles, three stations. Wausau, 18 square miles, three stations. Fond du Lac, 19 square miles, three stations. Lacrosse, 22 square miles, four stations. I met with Chief Administrative Officer Amodio and Chief Herman on Thursday. Their position seems to be that since Sheboygan provides fire protection at one of the lowest per capita rates in the state, that we should continue the status quo. As a taxpayer, I think if you can improve on that, you should do so. Finally, I would like to address the cost of the ambulance service. The ambulance budget only includes salaries and benefits for four firefighters, but the salary benefit total for the required 21 firefighters was $1,491,427 in 2011. EMS calls accounted for 70% of the incidents that firefighters responded to. 70% of $1,491,427 is $1,043,999. Excuse me, I'm sorry, would you like an additional minute? Thanks. Motion to approve. 70% of $1,491,427 is $1,043,999, bringing the total expenses of the ambulance service to $1,289,255. Actual collections were 41% of what was billed. Subtracting revenues of $983,116, which includes almost $100,000 from 2010 billings results in a marginal loss of $307,139 for the ambulance service in 2011. Thank you. Thank you, Dulcy. Is there any more? That would be it. All right, we'll move to the consent agenda. All the men have it. Thank you, Mr. Mayor. I move to accept and file all our O's, accept and adopt all our C's and pass all resolutions. Second. It's been moved and seconded to pass all our O's and our C's and put upon passage all resolutions from two one through two 11. Is there any discussion? Any discussion? Hearing none, clerk will call the roll. 15 ayes. Motion carries. 3-1 communication from Brian Wynne will, Wynne 10 will be referred to public protection and safety. Report of officers. 4-1 a report of city clerk's estimated estimated value costs associated with contracts for provision of annual biometric screenings. All the men have it. Thank you, Mr. Mayor. With your permission, I'd like to hold that one for 5-2. We will hold that for 5-2. 4-2 will be referred to finance. 4-3 will be referred to finance. 4-4 referred to finance. 4-5 will be referred to public protection and safety. 4-6 will be referred to salary and grievance. 4-7 will be referred to finance. 4-8 an RO from city plan commission recommending zoning map be changed. We'll just lie over. 4-9 an RO from the mayor requesting that resolutions 49-12-13 by Alderman Hammond and 40 and resolution 50-12-13 be referred to the committee of the whole. Alderman Hammond. Thank you, Mr. Mayor. You know, this has been an ongoing process and battle inside of city hall and I think it's time to bring this full circle to an end. The amount of staff time that has been, in my opinion, wasted as well within tens of thousands of dollars. So it's come to light. There's been a lot of horse trading of votes for various different things in order to get the garbage fee repealed and things. And then finally, just the incessant badgering of our employees, the morale inside city hall. This needs to end. So my recommendation and my motion would be that this goes to finance those documents. I think the sooner we can put this issue to bed, the sooner we can move on and start planning for 2015 and beyond. I think from a morale standpoint, we'll certainly lift the morale inside city hall. It'll hopefully eliminate all the angry outbursts, the slamming of doors, the screaming at department heads. All that will be done by moving this to finance. And then on the 24th, we'll have the conversation and move on. So my motion is to move this to finance. Those documents are included, including five three. Second? It's been moved in second. Including document five three, which is the monthly premium equivalent. That's set the lie over. Just move that back to finance. All right. Thank you. Moving seconded to refer all the documents to finance. Alderman Hammond, I agree with you too. And that's why we were trying to send it to one committee to have one budget and put this all behind us. City attorney. Thank you, your honor. The documents that the referred to as the mayor's executive budget came out of the council previously and were referred to strategic. The documents that the mayor submitted as the executive budget were introduced into council on August 20th, I believe, and referred to strategic fiscal plans. So those aren't before the council at this point. Correct. So the council could not, by this motion, refer those documents, but that could be done in other other fashion. Right. It's my understanding. Alderman Hammond could address what his intent is with it. Thank you. Go ahead, Alderman. Absolutely right. Thank you, attorney McLean for pointing that out. We will be having a strategic fiscal planning meeting on the 10th, in which time that document will be presumably referred, can't speak for the committee until they make the vote, but presumably referred to finance and then taking it up on the, it would come back to council on the 17th, that recommendation acted on it and to finance on the 24th, where we'll have all the documents in one place. Sounds like a plan. Okay. Any further discussion? Motion is to refer all the documents to finance. Clerk will call the roll. Including the 5.3, is that what you said? Motion. 13 ayes. Excuse me, two noes. Motion carries. I want a resolution, a resolution ratifying settlement with Dan's Fish Incorporated. Alderman Hammond. Thank you, Mr. Mayor. I would ask for a suspension of the rules on this. Second. It's been moved and seconded for suspension of the rules. On suspension only, we'll vote. Clerk will call the roll. 15 ayes. Motion carries, Alderman Hammond. Thank you, Mr. Mayor. I would move that we pass the resolution. Second. It's been moved and seconded that the resolution be passed. Is there any discussion? Alderman Bowen. Thank you, Mayor. Alderman Hammond, is that the shanty that's next door to the Mucky Duck that we've been talking about for quite a while or is this a different one? No, that's, you're correct. Okay, so thank you. Is there any other discussion or questions? Hearing none, the clerk will call the roll. 14 ayes, one no. Motion carries. 5-2 a resolution authorizing the purchasing agent to enter into a contract for the provision of health screening biometric service. Alderman Hammond. Thank you, Mr. Mayor. I would also like to bring now 4-1 with this and ask for again a suspension of the rules. Second. It's been moved and seconded to suspend the rules on 5-3 and we're bringing along the R-roll from the clerk. The clerk will call the roll on suspension. 13 ayes, one no and one abstention. Motion carries. Alderman Hammond. Again, thank you, Mr. Mayor. On 4-1 I'd make a motion to accept and file and on 5-2 put the resolution upon its passage. Second. It's been moved and seconded that 4-1 be accepted and placed on file and that the resolution be put upon its passage. Is there any discussion? Hearing none, clerk will call the roll. 13 ayes, one no and one abstention. Motion carries. 5-3 resolution will lie over. 5-4 resolution will be referred to finance and public works. Reports of committees, report from salary grievance recommending staff assistance to a committee of the whole and passing the substitute resolution. Alderman Brasler? Cough. Alderman Cough. I move that the RC be accepted and adopted. Second. It's been moved and seconded that the RC be accepted and adopted and the substitute resolution be put upon its passage. Is there any discussion? Hearing none, clerk will call the roll. 13 ayes, one no and one abstention. Motion carries. 6-2 by an RC from salary grievance recommending repealing resolution number 50-08-09 regarding residency requirements for all new high-reeds. Alderman Brasler? Thank you, Mr. Mayor. I move that the RC be put upon its passage and the substitute resolution be passed as well. Second. It's been moved and seconded that the RC be put upon its passage and that the resolution be put upon its passage. Under discussion. Alderman Brasler? Thank you, Mr. Mayor. The nuts and bolts of this is basically looking at getting rid of the residency requirement to obtain the best and most qualified candidates. There was some discussion about looking at less wage. I know that was discussed a couple of times in salaries and grievance. I'm not sure if that is something that would appease those that are not in favor of this. If it is, we could send it back to committee and look at it some more. But Attorney McLean hasn't had enough time really to investigate that. So I guess that's kind of at our wishes here. So otherwise, I'd look at supporting getting rid of the residency requirement. Thanks. Thank you, Alderman Brasler. Alderman Heidemann. Thank you, Mayor. I'm not going to support this resolution. I believe it's important for us as Alderman and leaders of our city to say, hey, this is one of the best places to live in the United States. Requiring residency to live and have a job in the city of Sheboyga should be an honor. And I'm not going to support this resolution. Alderman Bourne. Thank you, Mayor. I'm not going to support it either. I was one of the original authors of the resolution back in 2008 along with Alderman Heidemann and a couple of other older persons who are no longer with us. Just a couple of things that were on that resolution back in June of 2008 is whereas 42% of all city employees live outside the city of Sheboyga and whereas city residents are being denied employment to those higher paying, family-supporting city positions currently held by outer towners. And whereas the city of Sheboyga is one of the cleanest and safest cities in the nation because of our excellent police fire protection and work done by our public works department. Whereas Sheboyga offers excellent schools, both private and public. And it goes on and gives a few other warehouses. But I just wonder whether we're really throwing out a wide enough net when we're trying to recruit people to work for the city. I guess we advertise at job service. I'm wondering if we're doing Craigslist. I think a lot of people that are looking for employment are looking there. I think we have to do a better job of selling, living in Sheboyga to some prospective hires. It's my understanding that we haven't had difficulty recruiting people for department heads. I remember when Chief Herman was up for appointment, we had about 40 applications for that position. I believe for the police chief, we had several applications from both inside and outside the department. We've been able to fill firefighter positions. Maybe we've lost some people who've chosen not to move here, but we've been able to fill the positions. The same with the police department. I understand DPW has been having some difficulty hiring candidates for various reasons. But so far, we've been able to, I think, meet most of our hiring requirements, except for, I believe, one position in finance and one that was working in the development office that took the job. And then I believe, if I understand correctly, threatened to quit the job if that person had to move into Sheboygan. So I just think we need to spread a wider net in our recruitment efforts. And that's the reason I'm not going to support it. And one of the reasons I helped write this resolution back in an 08 is I think with the current state of economy, the way it is, it was very tough back in 08. And I wanted to see those families supporting jobs go to Sheboygan residents, if at all possible. And we still have a very high unemployment or under-employment situation in Sheboygan. Or even for that matter, people have given up looking for work. So I'd like to see city employment stay with residents of the city. I do have one question I'd like to ask of Sandy, our HR manager, if she could step forward. Good evening, Sandy. The question I have for you, is it possible to, when you're recruiting somebody, to have some kind of a point system and being possibly a city resident, getting more points than a non-city resident? Or would that be discrimination? Is that illegal to do something like that? No, we could give more points or certainly give more credentials of somebody. If everything was equal, we had two candidates, one from outside the city and one was within the city. We could certainly give preference to the city resident. Thank you. Any other questions? Hold on a moment. Thank you, Sandy. Actually, same. When is my turn? I have questions for you. Well, why don't we take you first then, as long as she's there? Thank you. I have kind of mixed emotions on this when it comes to residency requirements. But you and I talked a little bit this afternoon about giving preference to residents that live inside the city of Sheboygan, whether it's a point system or just all else being equal. We'd give the nod to somebody. And you shared something quite interesting with me with your time at your previous employer about when you would cast the net, if you will, for applicants, what you got versus what you're getting here. You maybe want to share that real quick? Sure. Typically, the casting of the net goes to the Sheboygan press, which also links the position directly to Career Builder, which is currently the number one recommended internet recruiter. We also do, of course, a job service. In mid-2011 at Mayline across the river, we had positions open that we had entry-level labor positions that would recruit over 100 applicants. Six months later, for the DPW, we had approximately 30 applicants for the same type of position, same type of pay. The residency for the accountant position. Currently, we have four qualified candidates. Three of them live just outside the city limits and won't go to the next step before having four candidates of good qualifications is great, but it's limiting. And there kind of enlires my challenge for two reasons. One, our entry level for DPW is $14 an hour. So we're going to ask somebody that makes $28,000 a year that may live in Howard's Grove, who may have lost their job somewhere else and got picked up with the city. It's Morris Code over here by Steve. To sell their house during a bad economic time for a $28,000 a year job and then move into the city. I kind of struggle with that. I can understand it for department heads and for EMS or police and fire, because response time is critical. But I have a hard time with it for just rank and file employees, again, especially when they're making $14 an hour to have to sell their house and move into the city. And it is a great city to live in. And I think anybody that lives in other surrounding areas agree that Sheboygan's a great city. And I don't think anybody that doesn't support this or that supports getting rid of the residency requirement doesn't think Sheboygan's a great place to live. But there's a pragmatic or a practical piece to this, too. So I think maybe a compromise in this is that as part of our hiring practice, preference is given to, and very well documented, that preference is given to residents of the city of Sheboygan, all else being equal. Are you playing video games, Mr. McLean? But thank you. Any other questions of Sandy? All right, thank you, Sandy. Any? Thank you. That's it. Alderman Donahue. Essentially, I would just support Alderman Hammond's observations. As I understand it from talking to Sandy, this ordinance change does not affect department heads who must live within the city limits. When I spent a considerable time on the Civil Service Commission, when you have department head positions available, we would get applications from all over the United States. It's odd, but I think somehow it's easier to move from Rhode Island into the city of Sheboygan than to move from Howard's Grove into the city of Sheboygan, particularly if your job is not that of a department head. Why is that? Well, at $14 an hour, you may be a homeowner, but you may be a renter with a lease that cannot be voided for the simple purpose that you want to move away. Changing school districts is difficult. There is a way that you can do inter-district transfers, but there's a very narrow timing to do that. So if I'm going to move from Howard's Grove into the city of Sheboygan, and I'm going to have to enroll my children in the Sheboygan area school district, but I want to keep them in Howard's Grove, I can do that, but I can do it in the month of January. So if the job comes up in September, then my children also have to switch schools. Unfortunately, as we all know, these are difficult economic times, and it is hard to sell a house. It is hard to obtain credit to buy a house. I agree with Alderman Bourne in terms of the whereas clauses for the resolution in 2010. This is a fine city to live in for all the reasons that he outlined, and I don't think any of us would dispute that. I just don't think we necessarily need to connect them with those qualities of the city and recruiting good people to work for us. One of the reasons that we are a great city is that we do have good people working for us. So if we have to take a lesser qualified candidate for a fairly routine position because of the residency requirement, in fact, we are not doing our city a favor. We are, to some extent, weakening the structure of our departments. So I did some research on my own. Residency requirements have a long and storied history in American municipal government. It really came in many respects from the time when city positions were cherished positions that you got through who you knew and how you knew that person, and so forth. And so clearly, one of the things that you'd want to do was make sure that the people that you were delivering jobs to lived within your district. Well, we've certainly moved beyond that. We are an internet-based society. The city of Sheboygan is wonderful, but so are all the other communities surrounding us. People are going to choose to live where they want to live, but for this particular provision. Because this is a narrow revision, it does not do away with the requirement that department heads live within the city. Because police and fire positions are already controlled by their own residency and living arrangements. This is really for our non-represented everyday workers in the city. And for that reason, I think that our goal always has to be to recruit the best. And so for that reason, I will support this resolution. Is there any other discussion? Alderman Bourne. Thanks, Mayor. Just follow up on one thing that Alderman Hammond said. These may be $14 or $15 an hour jobs on a DPW, but I would challenge anybody to come up with a benefit package in Sheboygan or even the surrounding area for a $14 or $15 an hour job that the benefit package that the city of Sheboygan provides, even after Act 10, when we're getting a Cadillac Health Plan and a retirement program where the city is providing half of the funding for that, I don't think there's another $14 or $15 an hour job in Sheboygan that provides that kind of benefit. So you've got to look at more than just the wage of $14 or $15. You've got to look at the benefit package. And if I was a young guy with a family and I had a chance to get a job with the kind of benefits that we provide, even if it was $14 or $15, I think I would know where I would want to go to work. Thank you. Any other discussion? Hearing none, the clerk will call the roll. Six ayes, nine noes. Motion carries. The clerk has informed me we'll have to go back to 6-1. The motion failed. Motion failed. Yeah. We'll have to go back to 6-1 because it didn't register on her computer, the votes. So 6-1 was a RC from salary grievance recommending staffing assistance for the Committee of the Whole and passing the attached substitute resolution. We don't have to re-vote. I just want to show you what the vote was because it did not pass. 6-1 was the one about staff assistance for Committee of the Whole. This was the vote. It was six ayes and nine noes. That's not right. That's not right. No. It's like 13-1 or 13-2, I thought. Yeah. 6-1 was 13-1-1. 13-1-1? Really? Yeah. Okay, never mind then. Can we do it over? Do you want to do it over just so we show that to you? Sure. Can we do that, David? Go over the top. You're right. It didn't show up right. It's right here. I've got to do it. So you're voting on to pass for the staff assistance for Committee of the Whole. Oh, there's your vote right there. Excuse me? It's 13-1-1. Right there. The next screen did it. Right, but the next screen is not right where it shows who voted what. It shows 6-9 on the next screen. Okay. It won't take it, Dave. And how would you like me to do that? 6-1. Yep. Current slide. Let's try it again. It won't take it. Can we do it over? Can we do it by hand so that it's on record and we can change it? I just need to know who the one no one one abstain was. Do you mind doing it that way? No. Let's call the board. Do the whole thing? Yep. One, form. One, form. Corrin. Okay. Mark. Darin. Carlson. Yeah. J 330. John here. Hi. €280. Braun.orb. Rebecca. Hi. excuse me. Nay. No. I'm the one. Racler. Aye. Ben Akron. Aye. Vanderweal. Aye. Versi. Aye. And Longaben. Aye. All right. 13-1-1. All right. Thank you. Thanks for going back. 6-2 failed. Going on to 6-3 will be referred to strategic fiscal planning. 6-4 committee report from law and licensing recommending denying taxi driver license 9633 Alderman Vanderweal. Thank you, Mr. Mayor. Move the RCB accepted and adopted. Second. It's been moved and seconded that the RCB accepted and adopted. Is Verlin Wicker here this evening? He is not here. We had invited him to our meeting two separate occasions and he did not show up, so we had to deny his license. Thank you, Alderman Vanderweal. Any discussion? Hearing none, the clerk will call the roll. 15 ayes. Motion carried. 6-5 on RC from law and license recommending denying taxi license number 9664 Alderman Vanderweal. Thank you, Mr. Mayor. Move the RCB accepted and adopted. Second. It's been moved and seconded that the RCB accepted and adopted. Alderman Vanderweal, under discussion. Is Sean Lloyd here this evening? He is not here. The committee had voted four to one to deny the license based on his lengthy record as well as a police recommendation. Is there any discussion? Seeing none, the clerk will call the roll. 15 ayes. Motion carried. 6-6 on RC from law and licensing recommending denying beverage license number 9637 Alderman Vanderweal. Mr. Mayor, move the RCB accepted and adopted. Second. It's been moved and seconded that the RCB accepted and adopted under discussion Alderman Vanderweal. Is Nicole Morgan here this evening? She is not here. The committee voted three to two to deny her license. She revealed all of her convictions, but there was a concern for recent convictions in 2011 and 2012. Is there any other discussion? Hearing none, the clerk will call the roll. 15 ayes. Motion carried. 6-6 on RC from law and license recommending We did that one. 6-7, RC recommending from law and license recommending denying taxi license number 9657 Alderman Vanderweal. I move the RCB accepted and adopted. Second. It's been moved and seconded that the RCB accepted and adopted. Is Ramona Garcia here this evening? She's not here. The committee voted to deny her license three to one. There was a negative recommendation from the police department based on the type of violation she had. Is there any other discussion? Hearing none, the clerk will call the roll. 15 ayes. Motion carried. 6-8, RC from law and license recommending denying beverage license number 9662 Alderman Vanderweal. Thank you, Mr. Mayor. I move the RCB accepted and adopted. Seconded. It's been moved and seconded that the RCB accepted and adopted under discussion Alderman Vanderweal. Is Araceli Vargas here this evening? She is here. The committee voted three to two to deny her license. The concern was the recent violations in 2012 that consisted of battery, disarray, conduct, and obstructing. She also had numerous violations in 2007 or between the years of 2007 and 2010. Thank you. Would you like to address the council, please? Could you give us your name, please? Araceli Vargas. Okay, go ahead. I came unprepared. I'm not sure what to say. I am embarrassed and I do feel that I did pay the consequences because of my belligerent and ignorant behavior. I did suffer some consequences. I did spend four days in jail. I was also denied work at the Kohler company for room service, house attendant, at the five-star hotel they have at Kohler. All I would like to say is that all the actions that were taken were, because I was under the influence of alcohol, and I have, after the offenses, I have stayed away from alcohol, so. Any questions of the applicant? Alderman Born. Thank you, Mayor. Ma'am, where will you be working if we grant this license? Legendaries. I would be cooking mostly since it is known as for their wings. So you'd be mostly cooking, you said? Well, cooking and bartending, but it's half and half. Okay, where have you worked before this job at Legendaries? I'm currently employed at Briscoe County Woodgirl as a hostess. Before that, I was employed at Fountain Park Family Restaurant, and before that, I worked at Lakeside Foods, worked there for six months, and because of my good attendance, I was referred to the one in Belgium and worked there for three more months and then got laid off since it is a temporary job. Thank you. Any other questions of the applicant? Alderman Van Ackren. Thank you, and all those times working at the multiple areas where you were serving food and beverages and such, was there any violations that were conducted on work time or anything like that? No. Okay, thank you. Any other questions of the applicant? Thank you very much. Turning the discussion back to the floor, the motion is to accept and file the, accept the committee report and deny the license. An aye vote would be to deny. Alderman Raceler. I just have one question. So we're hitting September. When would she have to reapply for a license again? Would it be in April of next year? If we were to. If we were to approve the license and not get rid of it, would it go a whole year? It would just be a few months. Not next June, but the following June. Okay, thanks. Alderman Cough. Thank you, Mayor Van Ackren. In 2012, Arcella Vargas had a .3 blood alcohol. Going to the detention center was not an option. So she was brought to St. Nicholas Hospital. She punched a nurse in the stomach and that's the battery conviction. Disorderly conduct and obstructing. In 2007, OWI related operating after, revocation. Second offense underage alcohol in 2008. Disorderly conduct in 2009, excuse me, 2008. And a batter ordinance in 2010. So there seems to be a history here. And sure, you know, you change your ways and you would like to have the license. However, there were three offenses this year in 2012. So my vote is no. Thank you, Alderman Cough. Alderman Bourne. Just for clarification, if we vote to grant the license, then she would be up for another license. Would it be this coming spring or the following spring? The following. Following, okay, thank you. Is there any other discussion? Any other discussion? Alderman Manichuk. Thank you. And just to clarify, if she does have an incident in between, then it would be brought up to the committee. Would it not? Sorry? If in the meantime, before she's up for renewal, if she does have an incident on the job, it would be brought up before the committee. Correct. Yes, assuming the police department notified our office and the clerk's office, yes, it would come before the committee. Any other questions? Hearing none, the clerk will call the roll. Six ayes, nine noes. So the committee report is not accepted. She can reapply. And she can apply for her license. I think she already has a license. We need a motion now to grant the license. Alderman Hammond. So moved. Second. So it's moved and seconded to grant the license. Is there any discussion? Hold on just a second. Clerk will call the roll. Hold on just a second. Nine ayes, six noes. Ocean carries in the license granted. Six nine from public works recommending authorizing city official to approve the waiver of application form needed for right away donation to the city business center. Alderman Heidemann. Thank you, mayor. I will move to accept the RC and adopt and pass the substitute resolution. Second. It's been moved to accept the RC and pass the substitute, accept and adopt the pass the substitute resolution. Is there any discussion? Hearing none, Clerk will call the roll. 15 ayes. Ocean carries. Matters laid over. Resolution 71, resolution 561213 by Alderman Hammond transferring appropriations in the 2012 budget. Alderman Hammond. Thank you, Mr. Mayor. I move to put the resolution upon its passage. Second. It's been moved and seconded to put the resolution upon its passage. Is there any discussion? Hearing none, Clerk will call the roll. 15 ayes. Motion carries. Other matters. Attorney. 8.1 is an arrow by the city clerk submitting communication from Roger Miller, Miller engineers and scientists regarding extending grading onto top of Bluff owned by the city for Michelle and Jeff Gentine along the east side of their lots at 3615 and 3619 North 6th Street. That will be sent to public works. And 8.2 is a resolution to accept the amended operating plan of the Harbor Center Business Improvement District. That will go to finance. 8.3, number three? Yeah, 8.3. And 8.3 is an arrow by the city clerk submitting various license applications for the period ending June 30, 2013 and June 30, 2014. And that will go, we'll just lie over. Long licensing. Long licensing. Eleanor Hammond. Motion to adjourn. Second. Second to adjourn. Clerk will call the roll. 15 ayes. We're adjourned.