 Welcome to tonight's common council meeting as always before we start our meeting We asked our city clerk to read the code of the week. Thank you mayor a No uttered from deepest conviction is better and greater than a yes merely uttered to please or what is worse to avoid trouble Thank you very much Call a 22nd meeting of the common common council order. Please call roll boron Excuse Decker Gisha Hannah Heidemann Kittleson Clowness Meyer Montemay or Rene Flesch excuse Ryan Syrac Fander wheel for hassled and Wonderman 14 present qualms present this time I'd ask everyone rise all of my gisha. Would you please lead us at pledge of allegiance? I pledge allegiance to the flag of the United States of America For which it stands one nation under God into this old with liberty and justice for all Thank you all to make sure Prove the minutes Thank you, mr. Mayor. I move that the minutes be approved. There's motion in second any discussion There being not all in favor say aye. Aye any opposed motion carries minutes stand approved Resignations attorney McLean like your honor. There's a letter to the mayor From Patrick Dugan advising that he's resigning from the group health insurance and wellness committees effective immediately The motion to accept and file motion to accept and file Motion in second in under discussion There is none all in favor say aye any opposed motion carries resignation accepted Do you Mayor's appointments I hereby submit the following appointment for your consideration Todd Thone to be considered for the board of contractors examiners to fill the unexpired term of Andrew hop which expires April 30 2009 Todd Thone will join the committee as an alternate Dan dawn will move from alternate to full member signed by the mayor this one lies over Michael Johnson to be considered for appointments of the wellness committee to fill the unexpired term of Patrick Dugan Expires on 430.09 signed by the mayor lies over also Michael Dietz to be considered for appointments the group health insurance committee to fill the unexpired term of Patrick Dugan his term expires on 430.09 Also lies over Angela Payne to be appointed as director of human resources and labor relations commencing February 16 2009 expiring February 15 2014 signed by the mayor in motion to confirm President Hanna Thank You. Mr. Mayor. I'd make a motion to confirm The appointment of Angela Payne as director of human resources and labor relations their second motion and second under discussion All in place Thank You, Your Honor. I just would like to know I was looking over the employment history for Angela And I'd like to know a little bit about these last few positions. They're rather short term And I would like to know where they you know interim positions What was the reason for their short shortness of duration? Susan would you like to We I would prefer not to ask The candidate herself we've never made this a practice before I did send out a bio to all of you Susan Yes on Angela's application and resume. She was an HR director in Cincinnati and then moved on to Chicago She worked for a nonprofit agency and then was asked to follow the executive director as he took over another nonprofit agency While she was there she had the opportunity to go to work for Tower Automotive Tower Automotive as I understand it filed bankruptcy and After the merger they brought in their own team and so Angela has been an adjunct professor since then Thank You Any other discussion If not, please call a roll Bulk Decker Yesha Hannah Heidemann Kittleson Clayunas Meyer Montemay or Ryan Sirich Vanderwheel for hassled and wangeman 14 eyes motion carries appointments confirm Angela would you please stand up and recognize? Thank You very much Thank You and welcome to the team. Thank You counsel Please continue Tom Brickley to be considered for appointment to the business improvement district to fill the unexpired term of Richard Grinke whose term expires for 10 2010 signed by the mayor and I need motion to confirm President thank you, Mr. Mayor I'd make a motion to confirm the appointment of Tom Brickley to the business improvement district Motion in second under discussion There's not all in favor say aye Any opposed? One abstention motion carries Thank You very much next item on the agenda is a public forum madam city clerk Yes, this evening. We have one person on public forum That would be Henry Capitulo if you would please come to the front and Henry can I have your home address, please? Yes, that's 16 19 North 38th Street town of Sheboygan and you will have five minutes, sir. Okay. Thank you My observation on the question of openness and transparency of this administration is that it seems to pick and choose When it wants to be open and readily disseminate information to the general public on pending issues Do you think that this administration has been open and candid with information to the people of Sheboygan when it pertains to? How it governs is this administration accessible to new arguments or new ideas? Let me give you three examples of the openness that exists within these council chambers First example is an issue that has been openly discussed over three council meetings with an estimated time of discussion To be well over one hour The issue pertains to two janitorial positions that involve the public works department and the police department The cost of these two positions is a hundred and thirty thousand dollars and was referred back to committee And will probably be discussed at another council meeting making a total of four council meetings of discussion The second example is an issue that was presented three council meetings ago ago and received about ten minutes of discussion During the suspension of the rules this issue was a seven point five million dollar housing project During the discussion of this project approximate three older persons asked what kind of housing project it was The older person requesting the suspension of the rules explained that it was it was a seven point five million dollar housing project on the former Kingsbury Brewery brownfield site with budget constraints constraints in the economy being in such a mess You would have thought that someone would have asked how much property tax revenue Would be generated by this project another question that could have been asked Was did the city have to give any kind of concessions to the developer for the project such as land? tax breaks grants loans or Property tax concessions I want to make it perfectly clear that I do not have an opinion on the project whether good or bad I just feel that when a seven point five million dollar project is brought to this council more discussion should be placed So that the taxpayers of Sheboygan know the benefits that it will provide and what is the cost to the city if any I Was here at the council meeting and was surprised by the lack of discussion on this issue The third example is an issue that was also presented in the council meeting Three council meetings ago and received about five minutes of discussion during the motion to file The issue was regarding a request to conduct an independent audit of the health insurance fund For the city of Sheboygan employees during the discussion on the motion to file. It was brought up that the insurance fund had was to be Which was to be included would be audited this year by shank if you review resolution number 128 dash 0 7 dash 0 8 the insurance rates for 2,000 are as follows single plan 565 point 50 family plan 1,355 point 20 retiree single 463 point 7 4 retiree retiree's family plan 927 point 6 4 if you review a resolution number 128 0 7 dash 8 the insurance rates for 2009 are as follows single plan $670 family plan $1,574 retiree singles 563 74 retiree's family plan 1,127 49 the following are the percentage of premiums increase from 2008 to 2009 Single plan 16.8 percent family plan 16.2 percent retiree single 21.5 percent retiree family plan 21.5 percent if you recall there was quite a bit of controversy when the recommendation was made to change your TPA Third-party administrator from Prairie States to Humana by the by this administration In fact during the Monday December 11th 2006 salaries and grievance committee both the finance director Rich Gephardt and human resource director Ed Syrac said there would be no cost savings And they strongly recommended not to change the TPA Consequently both city employees received a reprimand from this from the mayor because of their comments at the meeting in hindsight It might have been worth considering these more than 25-year employees recommendation I say this because the county which still has Prairie States as their third-party administrator is only seeing a 2.1% increase in premiums Since the city has already deplete depleted the insurance reserve fund By over a million dollars when it was transferred to the general fund to reduce the deficit Excuse me Henry would you like your additional minute? Yes. Go ahead It would seem that the council would be concerned that they really did not have any cost savings when the TPA change In fact now seem to be seeing a greater increase in insurance premiums It is usually customary for a self-insured plan to have a reserve of between 15 to 20 percent in order to meet any dramatic shortfalls which Certainly not the present situation in the city's insurance reserve fund. It is my understanding the city will pay hundreds of thousands of dollars more for 2009 health insurance cost I Ask I ask you does not a seven point five million dollar housing project and over Hundreds of thousands of dollars of increased insurance costs deserve more discussion than two janitorial positions that will cause Cost the city a hundred and thirty thousand dollars Apparently not since both of the afford mentioned issues received minimal discussion on the council floors Would not a discussion on an independent audit insurance request might have brought to light the situation of the health insurance Increased cost and future liability to the city Your minute is up. Thank you That's it. Yeah, okay moving along consent agenda items twenty two one through twenty two fifteen President Hennep Thank You, mr. Mayor. I'd move that all Ro's be accepted and placed on file and all our C's be accepted and adopted Motion the second under discussion There is none please call roll Decker Gisha Hannah Heidemann Excuse me Kittleson Clioness Mayer Montemay or Ryan Suric Vander wheel for hassled Wongamon and bulk 14 eyes motion carries communications and petitions 2216 to 226 18 to be referred report of officers to 2219 and 2220 Plies over to March 2nd Moon along the agenda pretty quick. All right 2221 through 2235 to be referred Resolutions introduced three 2236 by Alderman born authorized the city attorney to engage These services of special outside legal counsel to represent the law and licensing committee and counsel with regard to a quasi judicial hearing for the suspension slash revocation of class B alcohol license number 2521 Bureau culinary schools LLC Marcell Bureau agent and Authorizing payment for said services. That's a long one, but we got it all along them and please do Thank you, your honor. I make the motion that the Resolution be accepted and about Motion to put resolution upon his passage. There's a second under discussion under discussion this has to do with the license for the mr. Daryl he Is close to the point or has gone beyond the point where he has failed to conduct business and In shaboy could we have a user to lose at claws as far as license goes? He has not responded to any of our contacts. I have information. He perhaps is even left town. We don't know so we need to Remove the license from him and it's necessary to do this through a quasi judicial hearing upon the advice of the Assistant city attorney very good. Thank you very much. Oh my woman any any other discussion There'll be a nine. Please call the roll Gisha Hannah Heidemann Kittlesen Clayunas Meyer Montemay or Ryan Suric Vander wheel for hassled Wonderman Boke and Decker 14 eyes motion carries 22 37 to 22 39 Flies over 2240 through 2242 No, 2241 to be To be 2240 and 2242 to be referred We got a report committee. We need to accept that that that's also referred. It's also referred. Yeah, it's public work public Art where am I being referred right report committees seven twenty two forty three by law and licensing Recommendant denying beverage operators license number eighty one forty one Based upon the applicants record of violations Related to the license activity which makes her ineligible to hold the license until January 7th, 2010 All in one Thank you, utter. I Make a motion that the report of committee be accepted and adopted their second motion in second under discussion under discussion is Amanda C. White in the chamber this evening Amanda Okay, if you would would you like to step forward, please and can we read first and then On the advice of the city attorney her application for license was denied Due to the record of violations She's been charged with three liquor or four liquor all violations Three operating after verification violations and a disorderly conduct violation and according to the advice of mr. Adams He said this would make her ineligible for the license. So we had the committee then did What's unanimous to deny the license? Very good. Thank you very much. I love one argument and Amanda You wish to address the council with respect to your matter. Please step forward podium We need you to state your name and address my name is Amanda Christine white 1924 South 12th Street Cheboygan Okay, I just wanted to say about this The violation that he said that was stopping me from getting my liquor license was from a 1999 incident That would make it 10 years ago. I'm 27. That would have been 17 years old. I was At the last council meeting I was at the person in front of me had Numerous numerous violations. He had two drunk drive-ins. He had a restraining order violation and he is also currently on probation I just feel that I was kind of Unfairly denied because of my underage fine, which I was a child. I made a mistake. I mean I'm trying to work as an adult in this community and take care of my family and I just I don't know what else to do It took me seven months to get the job that I have now that I need this license for So I just that's why I'm here tonight. I just want to say like There's any reason that This could be granted to me. It would really help me out of my situation I have two children. I have a husband and I'm trying to be a working adult working parent I want to show my children that I can go to work every day and you know make a living so Me ask you man. Did you have an opportunity to plead your case before the law and licensing committee? Um, I Yes, I did. Um I was kind of blanked when I went up there to speak. I Know it's kind of difficult to get up and talk in front of people So I just went up there and they did make another mistake with my name saying that I had a hundred and forty dollars With the parking violations and I've never owned a vehicle so Though looking into it for my name it was It was a mistake, you know on their part They didn't look at my full name or my social security number So I feel that I never would have had a question about getting my licenses if it wasn't for the whole name mix up in the first place so Is that all you wish to say at this moment? Yes But I do have my manager with me and she would like to say something as well if that would be okay Okay, go ahead And we need your name and address Hello, I'm Molly Lemberg 324 Smith Street Plymouth, Wisconsin I've hired Amanda. She's done an amazing job. It seems that she's had a struggle Proving her identity and with two different Amanda whites and from what I gather one is on North's 12th Street and she lives on South 12th Street and She set apparently from what I've gathered from all of this is that she is Told she's had a drunk driving which does not belong to her and Appears that that's on her record and seems as to why we're here at this meeting tonight trying to gather and Find these facts on we do run a C cap on our employees which is general information to all the public and Didn't have this and on her records We're just trying to do the right thing as an employer at Sheboygan oil and put all the right people in the right Places to do the right thing so That's what I have to say. Thank you very much Thank You mr. Mayor I Guess I have to go back to the opinion of the city attorney And he made it quite clear that she is ineligible at this point And will not be eligible until January 7th 2010 and this is what we based Our decision on was was his advice that under the statue She is not eligible at this time to receive a license Unfortunately, thank you. Next we have all man Ryan Thank You mr. Mayor Now we had six I believe six different violations listed Including a disorderly conduct Driving after revocation and I don't know what else there were word if I may ask miss what were those your violations? You need to be in the mic Yes, I admitted to all of those in my initial application. May I ask when was your last violation that was listed there? The one of 2007 which was my disorderly conduct. I believe that was my last violation whatsoever, thank you Thank You honor I just I'm not sure procedurally can we send it back and ask them to confirm her identity and what exactly belongs to her before We vote on it, right? I was gonna say that basically three options You can accept the recommendation of decision of law and licensing not accepted grant for the license or refer it back So that they can clear up some of those Misrepresentations I've moved to send it back here on their second to that second There's motion to refer back to law and licensing committee under discussion on the referral on the motion to refer back There is not all in favor say aye. Aye any opposed Motion carries what that means that it's going to go back So you have an opportunity to plead your case again in the meantime It would be wise for you to gather all the information and evidence that you have to plead your case again, okay? Thank you Thank you very much next item on the agenda agenda would be 2244. That's to be referred Report of committee 8 2245 by finance Recommended authorizing the hiring of Davis and Kilthal SC as outside labor attorneys to assist the city through the collective bargaining strategy development and negotiation process for the successor labor contracts to the current 2007 9 contracts Alderman Thank You your honor. I move that the report of committee be accepted and adopted in the resolution be put upon its passage Motion and second under discussion All in Hannah present Thank You mr. Mayor I'm going to vote against this on a couple different reasons first. It's a significant amount of money and I think at the very least If we were buying a $10,000 pickup truck we put it out to bid At the very least it should be put out for for bids. It's no different than any other services We're looking at whether CPA firms or whatever so I'm opposed to that the second issue is really a practical We just hired a human resources director with an extensive resume I think she should be given the opportunity to determine whether she needs outside counsel to assist her in union negotiations Thank You Next we have magician Thank You your honor and Alderman Hannah and I have had spirited conversations regarding this Davis and Keith all has worked with the city for about a year and a half and has provided Excellent service to us that being said They've also already done the contract review on a vote of this council to approve funds to review our current union contracts No attorney will use someone else's work product They won't take the report from Davis and Keith all and sit and use that they'll start from scratch all over again We have a long-standing relationship and I agree with Alderperson Hannah That it's a great thing and timing wise to have a new city attorney labor relations Perse or city HR person and I had a discussion with her regarding this matter just prior to the council meeting and Told her of this resolution and asked her her opinion and she fell very strongly would be of help to her This would be on an on-call basis for her. They wouldn't be taking over her statutory responsibilities If she needs help, this is a resource. It's a great resource. They represent virtually Every municipality our size in the entire state of Wisconsin there isn't another law firm that does that and the past history They've had with the city and knowing the city and I've already reviewed the contracts This is just kind of a natural evolution. So it's a great backstop for her and resource for her If you see from her resume, she doesn't have state of Wisconsin municipal experience Davis and Keith all does she's new to the city Davis and Keith all knows the city's been working with us and reviewed our Contracts and doing so for about a year and a half. I think it would be a great advantage to her And I think she felt the same way. I don't want to put words in her mouth, but she had Certainly very if she wishes to speak I suppose you can't but she thought it would be of an assistance to her. Thank you Thank you, miss mayor. I'd echo Alderman Gisch's comments. We met as a committee of the whole Two or four weeks ago in closed session. This is mainly for the people out in the city we met and had a great conversation with that firm and I think it was the unanimous vote of everybody at there that Even with this fee that they could more than recoup that fee There would be a very high return on that investment in their help in what we could get out of the Out of the negotiations and it's certainly that's not guaranteed But it was the the collective Expectation that we would get a lot out of it and I again echo his comments that lacking Municipal experience in Wisconsin. I think they can help the new HR director great deal. Thank you Thank you Thank you, I respectfully disagree with Alderman Balk I specifically asked them if we could put them on an incentive-based pay So that they would be paid based upon what they saved the city and they did not want to accept that Okay Any other discussion? Otherwise, we will call for the vote Please call the roll. Hi Deman Excuse me. Thank you Kittleson Clowness Meyer Montemayor Ryan Suric no Vanderwheel for hassled Wongamon Decker Gisha Hannah Nine eyes five nose motion carries 2246 by finance recommending authorizing a transfer of appropriations in the 2009 budget Establishing appropriation for contractual services Thank you, your honor, this is a parent resolution I believe to the previous matter we discussed so I move that the report of committee be accepted and adopted and the resolution We put upon its passage. Thank you. Is there a second to that? second Under discussion There is none. Please call the roll Kittleson Clowness Meyer Montemayor Ryan Suric Vanderwheel for hassled Wongamon Bulk Decker Gisha Hannah and Heidemann ten eyes four nose motion carries ordinance introduced 10 2247 to be referred matters laid over 11 232 resolution number 60809 by all the person Meyer authorizing executing a one-year lease for the agricultural property in the town of Wilson Formerly owned by John Polk jr. Alderman Meyer Thank You your honor. I move that the resolution be put upon its passage second motion and second under discussion Turning clean to us. Yes, your honor. This is regards to the last vote That's a budget alteration requires two-thirds of all the members of the council, which would be 11 and you only got 10 I believe Didn't that pass we stand corrected the the 2245 did not pass this like just add as a comment is one of those situations where you've got The original approving resolution that requires a majority vote But in order to put the money in place it requires a two-thirds vote Anybody want to reconsider? I'd like to ask for reconsideration from the chair, please It needs to be somebody it voted no to file them to make a motion to reconsider and it could be a second from anybody Anybody would draw the motion I Understood that I'll ask one more time. Is there anybody that wishes to reconsider There is not we move on 2246 did we take a vote on it? Which one? I'm sorry. We're at 22 we're at 21 32 Resolution the motion to put the resolution upon his passage was made it was second any discussion on that There is not please call the roll Kleyunas, Meijer, Montemayor, Ryan, Zurich, Vanderwill, Verhastelt, Wangeman, Bulk, Decker, Gisha, Hanna, Heidemann, and Kittleson 14 ayes motion carries 2133 resolution number 197 0809 by all the person mark want the mayor Authorizing the correction of the legal description for the sale of city-owned land at 926 Broden Drive Thank you your honor. I move the resolution be put upon its passage Motion and second under discussion There's nine all in favor say aye any opposed Motion carries 2144 general ordinance number 770809 By all the person Hanna relating to the parking so as to create a one-hour parking zone and a portion of Broden Drive All right, Hanna. Thank you, Mr. Mayor. I move that the ordinance be put upon its passage Motion is second under discussion There is none please call the roll. Meijer, Montemayor, Ryan, Zurich, Vanderwill, Verhastelt, Wangeman, Bulk, Decker, Gisha, Hanna, Heidemann, Kittleson, and Kleyunas 13 ayes 1 no motion carries other matters authorized by law. We have 2248 in RC by the Marina Committee Recommend and filing documents submitted a communication from Pro Tour promotions requesting a request in permission to hold a watercross racing event at DeLand Park in 2009 and approving the request of Almond Gisha. Thank you your honor. I move that the report of committee be accepted and adopted Is there a second? Second under discussion. There is none. All in favor say aye. Aye. Any opposed? Motion carries. I see Mike Kinzel looking at his watch. Pretty unusual for half an hour, isn't it? You were like What's that? It's not even a Packer game on it. Not even a Packer game on it, I heard. 2249 and 50 are to be referred. We have other matters. Attorney McLean. 2251 is communication from Terry Strubb, Executive Director of Safe Harbor of Sheboygan County, Inc. asking what the process would be for replacing their current city loan secured on the property they own at 913 North 6th Street and replacing the loan they currently have with the loan against the new property they have purchased. Hanna, you have a question? Just a question for clarification. Attorney McLean, didn't the original request come through a bank? Because wasn't it part of the tax exempt offering? On that. I think this wasn't the industrial revenue bond. This was the prior loan. That will be referred to Housing Rehab Committee. Hold on, can you hold my question? On another matter. On another matter? On another matter? On a previous matter. Just a clarification. Please do. Thank you. On 2249, you noted that it would be referred. It came out of Marina and Harbor. And I'm wondering if it's being referred back to Marina and Harbor? 2249 has been referred to finance. It's going to finance? Yes. Thank you. Okay. It's been a long day. Yes. We'll forgive you. Okay. Please continue, Attorney McLean. 2252 is communication from Tom Hornets, Engineering Department requesting the city sponsor the Wisconsin Geospatial User Group Seminar Conference to be held at Blue Harbor Conference Center on June 1 through 3, 2009. That will go to finance? 2253 is communication from John Michael Kohler, Art Center requesting permission for two double-sided banners advertising the Art Armada and the Midsummer Festival of the Arts be hung across 8th Street and be installed at no charge as the Art Armada is part of the city's Fourth of July celebration. That will go to public works. 2254 is an aural by the city clerk submitting various license applications for the period ending June 30, 2009 and June 30, 2010. That will go to law and licensing. Any motion to adjourn? Motion to adjourn. Is there a second?