Okay, we will call to order this 11th regular meeting of the 2009 2010 Common Council and as is customary the city clerk will read the quote of the evening we're all ready to make we're ready the challenge for any organizations leaders is to have strategies to inform inspire and encourage individuals to act ethically to hold them accountable when they do not thank you sue I just a reminder there will be an election of the Board of Water Commissioners and it'll be held at the September 21st Council meeting if we have my heavy roll call please born here Boke Bowers Decker Gisha Hannah Heidemann Koth Kittlesen Clayunas Montemay or Rinfleshe Suric Vanderweel Voo and 16 present full house now with all the person Clayunas can please lead us all 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 Gene okay we are looking for the approval of the minutes of the prior meeting President Boran thank you Mayor Ryan I moved to approve the minutes from the last meeting we have a motion in a second under discussion no discussion all in favor say aye opposed motion carries resignation attorney McLean thank you mayor say email from sue busy advising that she's resigning from the sustainable Sheboygan task force so have a motion please thank you Mayor Ryan a motion to accept and file the resignation second you have a motion in a second under discussion no discussion all in favor say aye opposed motion carries mayors appointments attorney McLean and this is dated today honorable members of the console hereby submit the following appointment for your consideration Henry Nelson to be considered for appointment to the housing rehabilitation committee to fill the unexpired term of Aaron Gabriel's whose term expires for 26 2010 signed by the mayor and that lies over do we have any public forum this evening yes we do first on the list would be coaxing if you could come up to the microphone please you may want to pull the mic up there and can I get your home address please this just doesn't want to just doesn't want to reach Jim all right now we're set okay 28 29 Erie Avenue and you will have five minutes sir okay go ahead thank you for this opportunity to speak before the Common Council I originally asked to speak on the 3rd Monday of August but after speaking with all the persons Julie Kath and John Killison their assurances convinced me that the issue was moot I decided to save everyone's time by canceling my request to speak before the council four days after that the third Monday on Thursday August 21st the sparking press around the story that made me suspect the issue was not moot that is why I'm here today I'm concerned about the closing of the drop-off center in the August 21st article Bill Butner's quote is saying no matter what you want to say there will be service cuts the article continues saying the areas to be looked at include trash pickup and the popular drop-off recycling center which would either be closed or the regulations changed to accept fewer items he suggested that nothing had been finalized again on Wednesday August 26th under the headline three more jobs cut from DPW the press reports Butner said the city would likely cut the garbage pickup routes and stream life operations and there could be reductions in other services I want to tell the council that closing the drop-off center is not a good idea I also want to say the senator should continue accepting yard waste and not just tree branches she also can continue accepting waste all batteries and discard household items first to consider is the logic of accepting only tree branches and rejecting the other yard waste grass clippings are only part of long upkeep people thatch edge re-side their lawns and the drop-off center is the logical place to bring these bulky materials when people clean up their flower beds and vegetable gardens at the end of the growing season and pick up the crab apples and horse chest nuts that layer of the lawn under their trees it is unrealistic to tell them they should create ends in their yards to deal with such bulky plant materials but institutions such as the common council like individuals do not always decide on the basis of what is logical but often on what is expedient so I invite the council to consider what history has to say about decisions like closing the drop-off center and immensely popular service that provides citizens with an actual personally useful and immediate benefit for their tax dollars in recent times there's the example of a council ignoring the wishes of the citizens reserve shard and park as a park by voting 11 to 4 to build a new police station there that was August 4th 2004 headline May 5th 2005 council reverses course on park that was by a vote of 11 to 5 the difference six new faces on the council three incumbents who switched their votes to join the two older persons who previously voted preserve the park as a part what else was different all the person van Akron gone all the person the war partner gone Mayor Shram gone they all had favored destroying Sheridan Park and were defeated in the April 5th 2005 election they had only to study a little local history and perhaps they could have avoided becoming history themselves you see back in 1927 the issue was born park the headline borns park property is sold to be cut into 16 lots ends career as park the council had been deft to the citizens please save the park for recreational uses in the election had followed a few months later press reported one of the biggest sensations of the election was the upset in the personnel of the common council in which four automatic candidates for reelection were defeated interesting how history repeats itself if you're skeptical there's strong feeling about saving a drop off center I suggest you spend some time there on the Saturday it's busiest day where you are there you should hold a sign proclaiming you who you are and are there to tell people why you might be interested in closing the drop off center and while you're at it you should print and sell tickets for the occasion because I for one would spend good money to see that show so seriously consider yourself informed if not warned about the consequences of closing the drop off center people don't care if you're captain of the industry a mover shaker they'll let you know if they aren't happy with the way you they listen to you listen to their wants and needs you know you're essential irreplaceable your family perhaps indispensable business your but this older persons and even mayor you are expendable the election in 2005 demonstrated in the words of a song I sang urging council to save Sheridan Park listen well or be voted out the door listen well or be voted out the door thank you thank you next on the list is dick sushi and dick could you give me your home address please 15 north point drive sheboygan okay you'll have five minutes sir I'm here this evening representing the sheboygan county taxpayer alliance to express our concern and disappointment with the lack of information we requested on some issues over the past many months after months of correspondence we have become impatient waiting for the shank audit of the fire department ambulance service we know that audit is completed but we're told that some changes are being made requiring an actuary to be hired by shank what's going on here this is public record and yet we do not have a breakdown of ambulance and fire costs all of them born previously at ask for this breakdown many months ago still nothing you as alderman should be all demanding this information not just requests coming from some taxpayer groups we also ask for a complete breakdown of the loans and grants owed by the city including those in default we received a non-specific list by numbers and initials only again this is public record and these are taxpayer dollars one other item of concern is the new cooperative development group being formed with the city county and the sheboygan development corporation while on the surface it sounds feasible there are questions like where is a hundred thousand coming from from the city where is a hundred coming from from the county how about that hundred thousand from sdc or sheboygan development corporation plus they want to hire a director to lead this new development group another hundred thousand for a director where is that coming from and do we as a city have to pay back to sheboygan development corporation a hundred thousand dollars as we have done in the past on a few other projects if you do proceed we suggest that you put this under our own development Paul at enders or under the sheboygan county chamber of commerce since according to their mission statement this surely qualifies we don't need another high paying position we have enough of those already may I remind you that the sheboygan development corporation has a lesson stellar record since a marina is still losing money and the blue harbor is on very shaky ground three strikes and the city's out and also where is the transparency regarding the money judgment of may oh nine filed in dane county where blue harbor versus the city we have never heard anything about the settlement of that case one way or the other you all have a daunting task but not so daunting to command that evaluation of the fire department which was due at the close of 2008 before coming before September 2009 you all must be asking the tough questions and demand factual and immediate answers thank you thank you thank you mayor sushi that's it attorney mclean would like to comment yes thank you one item that mr. sushi addressed first time I've heard it raised about the blue harbor versus city sheboygan case that was filed in dane county what that is that's the tax appeal case where they appealed the determination of the citizen's board of review the board of professors assessment originally the attorneys for blue harbor filed the action in dane county they realized that that was improper venue they dismissed the case in dane county and then subsequently filed it in sheboygan county so that's an ongoing but that's that case involves the assessment for for last year for a blue harbor resort so that's still ongoing but the case in dane county was dismissed it wasn't settled or anything they just had filed it the wrong court if I can add mayor sushi on the regarding the sheboygan county economic development corporation it is still in its infancy there has been no money allocated by the common counsel for it there's a lot of work to do before our request is even made for money and there will be a lot of disclosure from that point to this from from that point till till we can reach an agreement hopefully regarding open records request it's my policy that if anybody puts in an open records request to the city that they receive the information they need and I would like to look into that for you tomorrow Paul enters would like to comment please and as far as the open records request for the loans we did submit that information to the tax payer group and I know that I copied attorney McLean on my response one of the citizen one of the members came in and asked a couple questions about what we had sent and I had set and I stated to that person if you have any other questions feel free to contact me thank you okay moving on on the consent agenda oh I'm sorry I forgot about the mayor's announcements I hate when that happens that's my favorite part of the meeting to mayor's announcements if I can have come forward Jerry Winnigar this is a proclamation naming this POW MIA recognition week this is by the office of the mayor city of Sheboygan it's a proclamation whereas since its founding the United States has fought numerous wars and military actions and tens of thousands of Americans including a great many from Wisconsin who were captured or missing in action and whereas many American prisoners of war were subjected to brutal and inhumane treatment by their enemy captors in violation of international codes and customs for the treatment of prisoners of war and many such prisoners of war died in captivity and whereas the people of the city of Sheboygan recognized that all the sacrifices of the American prisoners of war and those who are still missing in action and their families are deserving of a special tribute now therefore I Bob Ryan mayor of city of Sheboygan hereby proclaim the week of September 13th through September 19th 2009 POW MIA recognition week in the city of Sheboygan and I call upon all our citizens of our city to join with me in observing this week with appropriate remembrance and activities signed by myself the mayor Bob Ryan I just want to say thank you and I want to thank the council and everyone else for thinking of our prisoners of war the MIA's that are still out there missing and I hope we continue to find them as we have a few just recently thank you and now the consent agenda 11-1 through 11-12 Alderman Boren thank you Mayor Ryan I make a motion to accept and file all our oaths and accept and adopt all our C's and pass all residence and ordinances second we have a motion and a second under discussion roll call please Boke Bowers Decker Gisha Hannah Heidemann Cough Kittleson Clayunas Montemay or Rindflash Suric Vanderweel Voo Wangeman and Boren I 16 eyes motion carries communications and petitions 11-13 through 11-17 to be referred if we can make a couple of notes 11-13 will be going to public works also and 11-17 will be going also to the Board of Parks and Forestry reports of officers to to be referred 11-18 through 11-36 and if we can make a couple notes there too on the referrals on 11-23 that is also going to Board of Parks and 11-33 is referred to risk management resolutions introduced 3 11-37 by Alderperson Kittleson authorizing executing an agreement for public improvements between Stonebrook crossing LLC and the City of Sheboygan for provision of public improvements in the Stonebrook crossing subdivision Alderperson Kittleson thank you Mayor I'd ask for a suspension of the rules first we have a motion and a second on suspension reason being that if we look for the reason to suspend the rules would be found on exhibit a that the design plan is is all ready to go and the developer is ready to begin construction while weather is still good so that would be the reason for okay any comment on the suspension on the suspension of the rules only all in favor opposed motion passes okay then I'd ask for a motion to put the resolution upon its passage please we have a motion and a second under discussion under discussion I would just say that that's a wonderful development 75 acres that's being developed out there that would be Stonebrook crossing LLC phase one they're going to begin and that'll be 13 residential homes that'll be starting in that area and I guess as I said what we expect the design or the developer to do is I'm found on exhibit a and the instructions on what we expect as the city are found in the rest of the document so that's what is happening there and all of the tax base will be going to the city of Sheboygan and that's a good thing and I do believe that that's the only resident residential construction to be starting in the city at this present time that is true we think Stonebrook crossing LLC that's Bob Werner home so a big thank you to them it is it is a start thank you all the person Clioness yes just a question is this the far south side of town yep the menning road and drive will be the first 13 but it does go all the way I believe to Weedon Creek correct I think we're amending some property problems that we're out there that's some ditching and things like that yeah yeah good okay that was a problem that's been around for a while I was on public works three years ago I think that's good news thank you okay any further discussion no further discussion roll call please Bowers Decker Gisha Hannah Heidemann Cough Kittleson Clioness Montreor Rinfleshe Sirich Dander wheel Voo Wongamun Boran and Bulk 16 eyes motion carries 1138 through 1148 will be referred oh I take that back if we can make a note 1144 is not to be referred 1144 lies over should have been pulled and put into the lies over everybody can note that please on 1144 okay reports of committee for 11-49 by finance recommending establishment the establishing the community budget goals and objectives and specific guidelines for the 2010 City of Sheboygan budget and past the attached resolution vice president Gisha thank you your honor I move that the report of committee be accepted and adopted and the resolution be put upon its passage we have a motion in a second under discussion on all the person Kittleson thank you mere I was just wondering if maybe we wouldn't want to refer this to the committee of the whole for for further discussion I mean there's a lot of information here and I don't know that everyone is knows everything else that's here my thought would be to to refer it for discussion with with everyone thank you thank you we have all the person Rinfleshe thank you my first concern is that it's the first reading does not have to actually lie over before part of passage we're on the finance committee report for the resolution specifically if that's untrue that's fine with me I would second then the motion to refer to committee of the whole not to delay it but there's particular issues that I've seen just for example capital program resumed with a minimum minimum funding borrowing level of two million dollars should that not be maximum are we looking at you know what kind of caps looking at that I think that needs discussion on the full committee of the whole so I'll make that second that motion thank you're Alderman Rinfleshe Alderman buck I want to commend the finance committee for doing this very important and hard work I would ask the the chair's insight as to the importance of getting this passed quickly or not based on our calendar Mr. Chairman and then also for Sue does it does tonight need to be a first reading that would it need to lie over or okay all right so all the chairman Gisha does that set us behind if we if we put it off another two three weeks for a committed home meeting thank you Alderman buck I don't believe it does no I don't think we want to go much beyond that I can tell you what led to the document that at this point for the last about a month and a half the finance committee is has solicited those who were in attendance it's been on our agenda to for input on this we we had several good development sessions they were kind of start out as brainstorming we started to bring it together we came through several different results this happened to be the final result that came through I don't think we want to from a budget preparatory standpoint delay it much more than that so it may hinge on whether it should be just laid over and I'd be happy to put it on the finance committee agenda again if everyone would like input on that or if we have the opportunity and maybe input from all the person Clayunas as to whether we have the ability to get it on the committee the whole agenda sooner all the person play on a schedule when when is when can we schedule the next committee usually the committee the whole I've been trying to schedule it the Tuesday after council meeting because there isn't anything scheduled that Tuesday night that would be two weeks from tonight tonight is that too late I don't believe so no it's not tonight okay two weeks from tonight would be 22nd October 27 September 22nd so that'll be referred to the committee of the whole for the September 22nd it would be at 5 30 here in chambers okay and a 5 October next I'm sorry a 5 October would be the next council meeting is that meet your needs chairman Gisha okay I believe it does okay thank you if I could just add yes please thank you those who don't have this document watching on TV or in the audience I think the more input the better so hate to put the burden on your office so if somebody wants a copy of this it it's kind of a different budget resolution than we're used to at least that's what's being proposed it sets broad community goals and objectives we've actually worked with the mayor's office and developing some of these and sets very specific financial requirements for the budget moving forward I can't tell anybody tell anyone who's listening or in attendance tonight as councilmen already have this this does call for the department heads to produce a zero tax rate increase 2010 budget meaning if your home is the same as it was last year so you just shows your taxes it it calls for some capital improvement and and the older person had a good point on the final wording on item three with two million dollars with the capital improvements that your streets and roads and it calls for an extension and expansion of the hiring freeze within the city so it extends it beyond the end of the year there's also about a half dozen community goals and objectives so the more people the merrier we would have liked to had we had good input I would say the finance committee level but I think at the committee the whole level or even people want to get a hold of it come on let's hear all we don't all have the answers sitting in this room so we appreciate as much community input it is your document city of shaboy not just the finance committee and if I can add I mean this we we have worked very closely with the finance committee in the mayor's office to try to make this a specific document to reach a to reach an objective also we've taken improvements into consideration with this and also capital improvements with the intention that capital improvements go into infrastructure and they don't go into what has been construed in the past as capital improvement needs as any equipment and things of that sort so this is a coming out of finances as a guideline for the budget and that's where it's at at this point Alderman Rufflesh thank you Mr. Mayor I do I too want to commend the finance committee for this it is a step in a different direction that we've taken in the past many cities are moving to a what's called a price of government for budgeting and all that really states is that using information from the past using comments from the community what is the total price of government that the community is willing to spend for and while we look at the zero tax rate in but isn't bold right here for specifically 2010 versus 2009 it would all be it's almost the point where you can say what is the final budget divide that divide the number of properties ability to pay but with new development going on I hate to just cap it off because we do this why we develop this so we have increased tax base that doesn't you know be be burdened to the current taxpayers so it is something that that is quite interesting to see is that we're actually looking at what is the ability and the desire of the community to pay with this development the top five points also as Alderman Gisha had mentioned that was really a work in progress these are the goals and objectives but these aren't the specifics but this is what you can use within a price of government budget to prioritize that once we know what we can spend and what we're willing to spend these are the priorities that we spend it within and if things do not fall within those priorities quite frankly they're not spent on we've had some comments earlier this evening regarding the drop-off center regarding things like that this is the portion where the community then can actually speak up and say what these should be the priorities but understand anything that's spent is less money spent on other priorities as well and that's something that is quite frankly brilliant with this kind of form of government I'm really happy to see that that we're going in this direction quite frankly if it wasn't for those those two specific items of is it minimum or is it maximum funding bar with capital improvements and zero tax rate increase we are what are we really defining are we looking at a total pot of money that that's not going to increase or is it going to be the rate per per house what happens my property my property decrease in value for example what are we going to do then in terms of the budget then I would actually go ahead and vote for right now because I think it's a brilliant document however I would rather have the community actually then amend and change the top five points and really add their input to what is important to them as well you know we've heard the phone calls we get the messages we get the letters we have some understanding but really this this is the time and place that we're going to take a new step in a new direction and the community needs to be involved thank you thank you're all the more flesh so yeah what I'll do tomorrow is if it's all right with Alderman Gisha we'll put this on the website I can just upload the resolution and then anyone can look at it is that fine okay thank you so can we just do it all eyes yes so let's say a vote to refer it to the committee of the whole all in favor opposed back to the committee of the whole it goes okay 11-50 will be referred to public works reports of committee 6 11-51 by law and licensing recommending denying beverage operators license number 8 3 1 5 based upon his failure failure to include all relevant convictions on the application the record of violations related to the license activity and the record as a repeat law violator president boron thank you mayor Ryan I move that the report of committee be accepted and adopted second you have a motion in a second under discussion under discussion mayor Ryan is Brittany Stewart here tonight she's here before you come up miss Stewart want to say a few words to the council miss Stewart on August August of 2005 was convicted of possession of duck drug paraphernalia after a traffic stop on August 2006 she is convicted of possession of drug paraphernalia police search Stewart's northside apartment after an AR 15 rifle was discharged by her boyfriend the bullet entered the lower flat apartment in October of 2007 she was convicted of possession of drug paraphernalia in 2000 and 2000 2000 2008 and these next with next with the next ones that I'm going to read were of grave concern of lieutenant chef Halzer from the police department on input to the committee 2000 and 2008 stored visit visits three inmates in the Shabuigan County Jail all three have prior drug related arrests October of 2007 Stewart was questioned outside a suspected drug house stored was an associate was was with an associate with drug convictions October of 2008 Stewart called police reporting that her boyfriend's apartment door was kicked in during a dispute the boyfriend armed with armed himself with an AK 47 assault rifle later police received information that the disturbance was from a drug dispute May of 2009 Stewart is a witness to a felony battery investigation at Ricky's tavern Stewart reluctantly spoke to investigating officers however she did not provide written statement to the officers based on this information miss Stewart did appear at our law and licensing committee last Tuesday and based on this information and the grave concerns by lieutenant chef Halzer and her associations with known drug dealers the committee voted to deny the license thank you president or and miss Stewart would you like to take the podium please first of all I have a couple of letters of recommendation that I'd like you guys to read over and consider the first one is from my employer from Terrace estates I've been there since May of 2005 the second one is from John Holly and he's represented me anytime that I've needed it the third is from Frank Juarez and he is the head of Sheboygan visual artists and then the back is an expungement the reason that I associated with those people is my ex-boyfriend was associated with them I would not hang out with them on my own time the weapons I always told him to remove them from the house he I know he was abusive towards me so what I said really didn't matter and seeing the three people in jail was my ex-boyfriend and then one of my one of them was my friend Heather Markworth and she has completely changed her life around as well now and the third was Kevin Schmidt but that was because my boyfriend needed to go and visit him and I didn't want to wait in the car for an hour the drug raid my boyfriend was friends with that that person I wasn't in the house I wasn't going in the house I was there to pick up my vehicle after I had done been done shopping for my mom's birthday along with when the door to the apartment got kicked in you know I don't really that was all about I was sleeping on the couch and got woken up to the disturbance I really have changed my life around I don't want to associate with those people I live on my own I'm just trying to pay my bills my rent I don't know it's anybody have any questions Alderman or inflesh thank you Mr. where do you intend to work I work for a shabuagan visual artists every one Friday last Friday of every month and he doesn't pay me orally I work just for tips and then Club Michigan I've been employed there for a month and I also was thinking of going up to Manitowoc and applying at a bar there to help with parties during footballs partner like football games and stuff to clarify though any work in Maddox would actually require an application through Maddox right city as well so is it a full-time position right now that you're looking for it's a part-time just to help out I also go to school as a medical assistant at LTC and I've been doing that ever since I graduated high school I take one or two to three classes at a time just because I have I work I have to live on my own and pay my bills so the retirement job is my main job but the other two are just for extra cash to help all the person on Tamir thank you mr. mayor I was taking some notes so according to this 2005 2006 2007 it was the possession of drug paraphernalia and the rest is simply associating it's not anything charged after that whatsoever at all and evidently the 050607 drug paraphernalia charges you've already paid that price so I would think you've already paid that price we don't have to we don't have to punish you any further I understand that you know associates make a big difference on how people look at you but you should evaluate everyone individually because just because you hang out with someone doesn't mean that you're like we have president board thank you man Ryan if if the council decides to deny the license as the committee did miss Stewart can still work as a bartender however she cannot work unsupervised there has to be a licensed bartender on staff and I can only repeat and usually a lieutenant chef hauser is not this strong I just have to repeat that he is was very very concerned and the rest of the committee can attest to this with miss stewards associations and in with these with these with these drug dealers and this one in 2007 at a suspected drug house there is a relationship many times between bartending and associations and dealing in drugs and bars and I can't say again how strongly lieutenant chef hauser mentioned that he was very very concerned about these associations what I what I would recommend if I was miss steward is and again it's up to the council but if we deny this license tonight what I would recommend that she stay out of trouble and stay out of these associations for a period of a year and come back and see the committee again but these are these these in many of these incidents were in the last year or two and the committee had great concern about them in addition to our earlier convictions for the possession of drug paraphernalia thank you thank you president born Alderman Hannah I'm sorry can I broke up with my ex-boyfriend December and then before then I hadn't associated with his friends like I don't know it's it was my boyfriend's friends my ex-boyfriend's friends and I just I don't talk to any of them anymore Alderman Hannah thank you this is actually directed I think at president born now do under the state statute is she precluded under state statute from getting a bartender's license the state statute basically has seven or eight exceptions and if there's it's normally possession with intent to deliver manufacture etc it's not all preclude them from getting a license I didn't I don't know if there's a felony there right but you also have to understand that at that time I was still with my ex so I mean I'm taking full responsibility for it but there is nothing can hold on just second please attorney McLean would like to comment as far as the legal standard on granting the license there is not a categorical prohibition in this circumstance the statute say you look at past history basically and these are sort of exceptions to the discrimination based on arrest or conviction record where the arrest or conviction substantially relates to the licensed activity that's a judgment call that the council makes as to whether and to what extent these convictions or arrests relate to the licensed activity so you're not statutorily precluded from granting the license it's a discretionary decision of the council thank you attorney McLean Alderman bow thank you Mr. Mayor I want to commend Mr. Stewart for attempting to rehabilitate her her personal and professional reputation following an unfortunate series of years many of the letters that are in her packet or talk about as grown-ups as adults we know that that personal reputation is an important thing and we can do things when we're youth that carry consequences once we become of the age of majority as well and so having heard what President Bourne had to say I'm inclined to vote to deny the license with a couple of thoughts one is that rehabilitating one's reputation takes time there needs to be a data trail a positive data trail just like there's a very negative data trail it takes time to do that so I take some advice from the chair from the president saying that come back to us in a year have a great track record over the next year and and just as a neighbor a citizen and you know of yours in the town bartending at Club Michigan not the way to rehabilitate that and and I'm not casting aspersions on any clients anybody who goes there but you know what the associations that the president Bourne's talking about those associations were even magnified in a bar that is complicated by what else goes on at Club Michigan so I would just as someone who wants to see you succeed and can wants to commend you for the change you're making Club Michigan is not the place to start right but since he was the only one who would hire me because I didn't know experience or anything Alderman Bowers thank you very much what does a word expunge me does that mean we move from the record right right so as far as the state's concerned she doesn't have a record I have two city ordinances because the misdemeanor is the only thing that could be expunged city ordinances cannot so two paraphernalia where city ordinances which means that's just a fine and then the misdemeanor is up was up for expungement and the judge judge Bork signed off on that the expungement was for the for for one conviction and oh six for one conviction right right because city ordinances had other convictions 08 no 9 no I haven't been arrested since 2005 right but we just these are conviction dates I have August 05 August 06 and October 07 as far as the so then I haven't yeah I haven't been arrested since beginning of 06 then and I mean please contact I try to avoid I doing everything that I can to better my life and trying to have you started to work at Club Michigan yes I've been there for a month as a bartender yes I myself you maintain a fairly clean record now for what a year since 2006 six well I commend you for keeping up the good work so let's hope that it continues thank you thank you Alderman Bowers we have Vice President Gisha thank you that Alderman Bauer asked me that answered one of the had regarding to expungement and and maybe this is a question for the chairman and his committee if two years isn't that you mean those do those two years of clean record have any meaning I guess and what weight do you guys put on what's the magic number is it three years you know right whatever I guess that's what I'm looking for is is two years okay okay we'll call on the president born to answer that and I have no other lights at the moment based on miss Stewart's record of convictions it would have been a closer I believe it would have been a closer call for the committee but we value the opinion of the police department very highly loose lieutenant chef how is there does his homework and he had great problems because of the recent associations as I went into before in 2007 2007 2008 and 2009 and one as recently as May of 2009 and so lieutenant chef how is there is opinion probably was the tilting force on this that he was very concerned about her her associations and that's why again I would like to see miss Stewart and again she can work as a bartender under supervision I would like to see her go for a year when I get a report next year from the police department that there's a gap at least between May 2009 and May 2010 and where committee would be willing to take another look at it but there have been there have been if not convictions poor associations on her part as as as recently as as may of 2009 and that and the and the police lieutenants opinion that that police department does not feel comfortable with her having a liquor license probably was the tipping point for the committee's decision thank you thank you president born do you have any I just think that's discrimination just because your associates do something does not mean that you do I'm not a drug addict I doing everything that I can to better myself okay thank you you can sit on that okay on the vote and I vote will agree with the committee and deny the license a no vote will overturn the committee and issue the license okay yeah okay so in this case then a and I vote would deny right okay Decker Gisha no Hanna no Heidemann Cough Kittleson Clayunas Montemay or Rindflash Sirich Vanderwheel Voo Wongamon born I bulk Bowers nine eyes seven nose motion carries that was 51 correct okay we have 11-52 by law and licensing recommending denying beverage operators license 75 79 based on the applicant's failure to include all relevant convictions on the application the record of violations related to the license activity and the failure to cooperate with the committee president born thank you mayor Ryan I move that the report of committee be accepted and adopted motion in a second under discussion under discussion mayor Ryan is Benjamin Dean here tonight it's not here mayor I am mr. Mr. Dean he had two opportunities to appear before the committee the second one by certified letter he did not appear did not cooperate with the committee so that along with his failure to include all relevant convictions the committee voted unanimously to deny the license very good any further discussion roll call please Gisha Hannah Heidemann Cough Kittleson Clayunas Montemay or Rindflash Sirich Vanderwheel Voo Wongamon born I bulk Bowers and Decker 16 eyes motion carries 11-53 by the special committee on risk management recommending denying claim from Rebecca Stull for alleged damages to her junk of road came up out of a pothole and damaged her gas tank and directing the city attorney to send a notice of disallowance who would like this one Alderman Bowers it's 11 dash 53 we're looking to accept and adopt I would like to put upon the 1153 be put upon this passage I'd like to accept and adopt the report of committee have a motion in a second under discussion no discussion roll call please Hannah Heidemann Cough Kittleson Clayunas Montemay or Rindflash Sirich Vanderwheel Voo Wongamon born I bulk Bowers Decker and Gisha 16 eyes motion carries reports of committees number 7 11-54 by law and licensing recommending denying beverage operators license number 83 46 that's a typo there it's 8346 based on the applicant's failure to include all relevant convictions on the application the record of violations related to the license activity and the applicant status as a repeat law violator president Boran thank you I move that the report of committee be accepted and adopted motion in a second under discussion under discussion Mayor Ryan is Chandra V Warren here tonight she's not here your honor very good she appeared Ms. Warren appeared before the committee on 825 and after listening to what she had to say the committee voted to deny the license based on the reasons you stated previously very good any further discussion no further discussion roll call please Heidemann Cough Kittleson Clayunas Montemay or Rindflash Sirich Vanderwheel Voo Wongamon Boran I bulk Bowers Decker Gisha and Hannah 16 eyes motion carries 11-55 by finance making a favorable record on the shared services law enforcement software pending a determination of the division of funding between all agencies benefiting from the system vice president Gisha thank you mayor Ryan I move that the report of committee be accepted and adopted have a motion in a second under discussion if I may your honor if a if a an agreement on the sharing of this expense can come about and there's been some preliminary discussion already this document that would come back to the council this is not a blank check on the council's part in any way but thank you vice president Gisha may I add part of this part of this process is trying to get some other communities in the county that are going to use this software to participate in the funding of the of the of the project so that's a good thing that's called sharing sharing services and costs which is always good any further discussion roll call please Cough Kittleson Clayunas Montemay or Rindflash Sirich Vanderwheel Voo Wongamon Boran I bulk Bowers Bowers Decker Gisha Hannah and Heidemann 16 eyes motion carries 11-56 by salary and grievances recommending filing ordinance to repeal and recreate section 2-221 of the municipal code relating to working hours Alderman Bob thank you Miss Muir I'd move the RCB accepted and adopted just to place this document on file this ordinance motion in a second any discussion on this item no discussion roll call please Kittleson Clayunas Montemay or Rindflash Sirich Vanderwheel Voo Wongamon Boran I bulk I Bowers Decker Gisha Hannah Heidemann and Cough 16 eyes motion carries ordinances introduced 10 11-57 by Alder persons Clayunas Boran I bulk I Shihanna Heidemann Cough and Wongamon repealing and recreating section 2-692 and 2-693 of the municipal code relating to the composition and organization of the city's collective bargaining committee Alder person Clayunas thank you I moved to suspend the rules on this motion is second on suspension discussion on suspension only Alderman Rindflash an explanation for the reason pointing to suspend instead of hold hold it over the reason would be that because we're going entering in no negotiations we need to get going on who's going to be on the committee to represent the city in the negotiations and things are starting soon so that's the reason any further discussion on the suspension Alderman Bowers on the suspension on sorry any further discussion on the suspension voting on the suspension only all in favor say aye opposed motion carries on the suspension now if we may have a Alderman Alder person Clayunas I moved to pass the general ordinance second we have a motion to second under discussion we have Alderman sir I think of Mr. Mayor just to give a little background what this resolution is calling for and there's two parts to it one is to change the composition of the bargaining committee and secondly is to change the basically the chief spokesman for the city in terms of myself I have no problem with the first portion I think it's I think it's good what what it says basically is that instead of the committee in previous years consistent of the department heads sometimes the city attorney would attend but basically the chief spokesman and committee members were the director of human resources and labor relations what this ordinance is changing is it's opening up to basically observers because if Alderman would so wish to attend and we have to committee they'd be allowed to do that so they're including the chairman of the salary agreements committee the common council president the director of human resources or an individual acting the capacity that appropriate department head or finance director and treasurer or the city attorney or other legal counsel acting consulting capacity I think that's great I think it'd be good to have people participate to see what really happens in negotiations at the table the concern I got is in second part it's called the organization and what is changing there is that this ordinance or resolution is asking that the chairman of the sorry he'd be the chairman of the collective bargaining committee in effect this resolution would say that the chairman of the salary agreements would be the chief spokesman for the city I have a concern about that we have seven units coming up for for negotiations by the end of this year I think that I think that we require someone some professional background negotiating some perhaps labor background and my concern would be that things that at the table during negotiations cannot can have a dire effect in arbitration mediation and I think so I'm moving I like to move that the under section B where it says chairman of the salary agreements committee be deleted and add and replace with director of human resources and labor relations or interim director of human resources and labor relations or his or her designate so you're proposing an amendment to section B correct can you repeat the amendment that you what you what you plan on striking and what you would like to be under section two days six six nine three under organization section B and I'll read the whole section for right now for the purpose of conducting the labor negotiations between the city and its employees for the contract period commencing January 1 2010 and this is the reading that resolution has now the chairperson of the salary agreements committee shall be the chief chairperson of the collective bargaining committee and human resource analyst and or other designate of the chairperson shall be ex official secretary I'm recommending the motion that we delete chairperson of the salary agreements committee and replace that with the director of human resources and labor relations or interim director of human resources and labor relations or his or her designate and a designate might be represented from Davis Kiltow I think we've had they've done a lot of work the city in terms of reviewing the contracts and they have a very good reputation in terms of settling municipal contracts and I think their expertise or our current interim director would be appropriate to handle that position thank you we have a motion in a second on the amendment discussion on the amendment vice president Gisha thank you mayor Ryan and Steve I might call on you here if it's all right my fellow first district alderman discussing the the point regarding chairman of the salary grievance that's under section 2-693 under organization under the city municipal code I believe if you read from the code itself and I thought I had it here handy I had it during the committee the whole meeting the only power the chairmanship has of this negotiating committee is to call the meeting that's all they got according to our municipal code and please Steve correct me if I'm off based on that but I that's that's it they call the meeting that's their power we aren't changing the status of the collective bargaining committee forever we have a temporary guy we're paying who's working in the capacity of human resources director's been here two weeks so we're gonna hand over all our contract and I think he's doing a great job he has no municipal experience whatsoever in his past performance I think he's doing great and will do great but he's been here two weeks we have Davis and Keith all who per this rewriting of that ordinance is is in there is in the mix this is only for this contract period we don't have an HR director the only continuity that we have through this process is this salary and grievance chairman and I when we did this we didn't pick that out of thin air the statute and the ordinance discusses the role of the salary and grievance chairman throughout this ordinance the original ordinance it talks about how they are to be intimately involved with this so we're not recreating the wheel per our ordinance they should have been involved and were to be involved in this case because we do not have an HR director it makes sense that they are that person and I believe if you read 2-693 the statute I've read it a dozen times but I could be wrong but I believe it says their only authority is to call the meeting that's it we're not changing who's our go-to person for labor relations not at all we're just talking about this one committee and the process of the committee and I don't know how else you do it I'm not I'm not comfortable turning over to somebody who's been here two weeks just not attorney McLean would you like to weigh in well under a and I think that was taken from the existing language of the ordinance and I can look in the book in a second but it says accept the set forth subsection be the director of this shall be the chairperson and shall call meetings like the bargaining committee so it's not just calling the meetings it's acting as chairperson so those special powers besides what any power any chair person well the chairperson of the collective bargaining committee in my view is the lead person for the collective bargaining okay that's the chairperson it's traditionally been the director of human resources and the least in the past the relationship between that committee and salary grievance has been one of the collective bargaining committee reports to salary grievance gets its marching orders for the negotiations then goes out negotiates reports back to salary grievance and gets further direction and or salary grievance approves and comes brings the document to council it was changed a little bit last go around three years ago for negotiations where the salary grievance committee members were added to the collective bargaining committee not by ordinance but just as a practical matter they were added into the meetings and so forth I didn't participate in any of those negotiations I can't discuss how that went but I know this was discussed at the department had meetings morning and there were some comments that interest waned on the part of the salary and grievance committee members after the numerous meetings that were required to be attended because as alderman sirks that you get seven different bargaining units there's a lot of meetings a lot of a lot of time involved but it really is up to the council how you want to structure things you know who you make chairman I think is sending a message to to your committee and to the unions that that's the chief person the chairperson of the committee that's typical of committees now you can make that person make an individual chairperson and and say that somebody else is going to be lead negotiator but I think if you're going to do that and it's not going to be the chairperson you should probably identify who that person is so that everybody knows who the chief person is so you don't have different people speaking at different purposes and whatever whoever you want to do make that chief spokesperson is up to the council could be the chairman of salary grievance committee it could be the HR director acting or whatever but I think that person should be determined carefully because it is a big time commitment and I think somebody should have some experience in labor negotiations answer your question for the moment I have nothing to add I was basically gonna see okay next we have Alderman Bowers thank you very much I'm in support of Alderman's Cirques resolution amendment to the resolution we it's imperative that we have someone either an attorney or someone that has bargaining powers and I'm sure Alderman Bow could do this but he this is a awesome job we have seven contracts all at once and I don't know how we could could do his other work and I'm sure he's capable but I think we need someone right now we do have a human resource temporary director of Tom Rice I believe that's his name and also we've hired some attorneys and these attorneys have been in on negotiations so I would support Alderman Cirques resolution amendment thank you Alderman Bowers next we have Alderman Cirque once again yeah I I guess the question to have from English is who are you proposing to be the chief spoke to Alderman Guesha please answer in the matter of of this of this committee the committee as a whole is responsible for labor relations not the chairman is not individually responsible for labor relations I believe the code also speaks to the committee is to set its own rules on whether they deal with consensus or how they deal with consensus and taking something back to the salary and grievance our bargaining him as it's represented in section B of 2-692 is our bargaining committee well I don't know if you've ever been negotiations but typically there is a committee and that generally it's members that are the elected portion from the union the self who has a business agent who is professional we've probably done myriad of contracts typically on an employer side there is a committee generally department heads maybe a city attorney or wherever that may be but there's a cheek spokesman the person who prepares proposals who's ready to go for arbitration if necessary who knows the laws of WRC requirements I mean it's a very complicated procedure and the thing that concerns me more is that if you have someone who's inexperienced being a chief spokesman and in a city or not may say something that could jeopardize the city's position you need the experience and it is basically for the next few months a full-time job thank her alderman sir if I may follow up please in finality and that would be that I do understand how negotiations are done and have been involved with negotiations and the the other side of that is you don't have the one chief spokesperson as you as alderman suric describes as the one making all the decisions they caucus your union partners go back in caucus your bargaining team goes back in caucus and comes out with a consensus and the term spokesperson is just that there's no special powers as a chairman other than any other chairman in any other city committee so I am familiar with the process the union does it the same way we do it it's done by consensus I believe you'll agree to that it's done by consensus by committee and it's a vision in your own words it's a very strong committee thank you again vice president geisha next we have alderman rinflush thank you mr. mayor I agree actually with the amendments for the for the two purposes one yes there's a consensus that that is negotiated prior to the spokesperson bring it forward to that person but I go in attorney mclean's comments there needs to be one person that is the spokesperson multiple comments made in the negotiations can hold the city it's good it's liable to follow through what was said when man had a back negotiated the unions will have professionals negotiating we should have professional negotiating on our behalf as well and if our interim human resource manager is unable to fill that based on his professional background and negotiating then I'm not sure why we're paying that person if our attorneys that we're hiring are unable to fulfill that position I don't know why we're paying them as well so since we are I refer to their professionalism because it is something very specific labor relations when in terms of negotiations not as easy as as we like to think that I would much rather have some who's a professional with a background negotiating on my behalf the second reason is I don't think it's appropriate to have an elected official who by a very nature must be open to the public when the phone rings people ask what's going on very often we're gonna have rules regulations that we need to follow us as elected officials to disclose information to be open to be responsive target issuance that does not necessarily follow through with the person who's being the lead negotiator a lead negotiator who makes a comment to the press who makes a comment even on this floor on TV who then goes in and after you know falling through the consensus in negotiation tries to speak the comments made publicly can then be used against the city in that case and I don't think it's appropriate to have someone whose responsibility is to communicate to the public to have that role of position that can't communicate to the public as well I much rather again let the professional be that lead spokesperson the one that the negotiators that we're negotiating with for the unions know who's speaking on behalf of the consensus of that commuting meeting as well so for those reasons I don't think a lot of persons should be that chairperson who of the sound agreement is who should be the lead spokesperson I think we should rely on the professional thank you thank you Alderman Rindflage next we have Alderperson Cleonis thank you I have a real practical question Alderman Valk this will take a lot of your time and I know sometimes you're out of town and you have business will you be able to meet the obligations you know I I'm asking on a spot but it is a you know in morning meetings it could be evening meetings when when people are ready to meet we have to be ready I guess to ask a question Alderman Valk please yes I will make myself available it will be one of my highest priorities and I'll wait till you do you want me to sit down and come up later do you want me to go ahead and as he answered your call if you'd like to continue you were next in line okay thank you I appreciate the good Alder person from the first district's comments he voiced them at the committee the whole meeting and so I am not surprised by this opportunity to get his amendment in which he ought to do I think he's exactly wrong I think that the way we have structured this role would make the chair of salary and grievance a bit of a strategist a bit of a spokesperson and a bit of a change agent I would suggest to you that the city got where it is today over the course of potentially two decades but at least one decade of doing things the same way and doing things because we've been wanting to get along and go along and I would suggest to you that if you do choose to vote down this amendment and support the document is written what should be voting for is someone who has years of business experience years of strategy experience going in there years of spokesmanship experience in that chair and the fact that I lack any formal municipal negotiation experience that's why I have a very close conversation two or three times a day with Davis and Kielfau our very experienced municipal attorneys and on other issues that I may have when I want to tap more negotiation experience the new interim HR directors made himself very available to me which I would point out he has no municipal negotiation experience either so so I would see myself setting a strategy a strategy that benefits the city this time not a strategy that goes along and gets along with the several bargaining units frankly I don't think I think the bargaining units want you to support Alderman-Surek's amendment tonight because they they don't want me as chief spokesman because of the negotiations we've been involved in this summer they would prefer not to have to deal with the kind of fact-based arguments we've had in closed session they would prefer to go you know negotiate with somebody who's ready to go along and get along like they've had in the past I would say that the good current HR director is a good and decent man he's a part-time employee who's been on the job for two weeks and doesn't know our contracts like Davis and Kielfau does and Davis and Kielfau and I are very very close in our consulting yeah so I would leave it at that I would encourage you to vote down this amendment because it's exactly what the bargaining units want and the reason the bargaining units want that is because their job gets a whole lot easier if I am not sitting in that chairman's seat thank you your honor thank you Alderman Boeck next we have Alderperson Montemayor thank you mr. mayor a little bit of information I was part of the salary and grievance committee at the last bargaining time and sat in on the meeting sometimes and the interest did wane quickly by many members of the salary grievance committee because occasionally when we got going we'd skip a week but not very often and it was two to five meetings per week some at least sometimes two to four meetings per day when things were going on and just a little another piece of information remember last spring when we wanted to hire Davis and Kielfau to do this this council voted no and we should have voted yes thank you all of a person Montemayor next we have Alderman Hannah thank you just a clarification is the business agent the the key negotiator for the collector bargaining unit if you'd like to answer that all of them sir go ahead no you do for the bargaining with himself yeah they have a business agent who's full-time is he the key negotiator yes he is okay that's thank you Alderman Hannah next we have Alderman Bowers thank you mayor and this is a question for attorney McLean to negotiate city contracts must you be a city employee elected official or appointed by the council to negotiate city contracts you need to be a member of the collective bargaining committee that the council establishes that's who the council has given charge to negotiate the contract so anybody that the council chooses can be on that collective bargaining but it has to be the head of the committee has to be by the choice of the council well I I would recommend that I think the council should establish who should be the chairman of the committee if that's what you're asking okay thank you okay we have one light left on the amendment which is Alderman Rindfleisch thank you I guess I'll disagree with a statement that the bargaining unit does not want an elected official or specifically Alderman Balk who brought it up quite frankly the comments I have heard and even what we just heard today kind of proves my point the fact we should not have an elected official be that the chairperson negotiating face-to-face with a professional for the unions the comments they don't because I'm use fast fact-based negotiation they don't want me they're probably afraid of me to be in there has already shown that the chairperson will not negotiate in good faith while I agree with the statements you know made that we do need to change the way things are negotiated the problem is if we go to mediation arbitration those comments alone in a public forum are going to kill the taxpayers should we will lose every time and that's why I think we need to have a professional and not an elected official be that chairperson and be that lead spokesperson of that committee thank you Alderman Rindfleisch Alderman Balk thank you honor this council will do what it pleases and I will be be fine with that I would suggest to all the person Rindfleisch that my comments aren't any sort of a cowboy shoot from the hip comment I would say it's it's from the mouth of several of the bargaining units who went to our current HR director had breakfast with him and said whatever you do please don't let Bout be in charge of this thing so that's that's not very cryptic to me that's pretty clear that whether it's good faith or bad faith for for some reason that I can't can't conceive they don't want me in that chairmanship role and that makes me think that there was some effectiveness to what we did it behind closed session earlier this summer that makes me think that they will they believe they will have an easier time and it's really simple for the voters of Sheboygan and the members of this council if they are so adamant that they don't want the chair of salary and grievance leading this this process you have to scratch your head and go now why would that be why would that be so I leave it in your hands you'll do what you'll vote your conscience but if we want to get different results we are perfectly structured right now to get the results we've been getting for the past 20 years we're perfectly structured for that if what we've been getting for the past 20 years is what you want for the contract for 20 then you'll support alderman suric if you want a chance to do something different then you will will not support alderman suric's amendment and vote your conscience thank you thank you get alderman bulk last light up alderman suric thank you mayor I understand all about that if you had never been with the unions they're correct what have you accomplished what have you accomplished you certainly may well it's an open open forum as far as I do you know what mr. mayor we didn't accomplish a thing and you know why because I was not the chair of that committee someone else was someone else set the strategy for that meeting I promise you as my council members if the chair of salary and grievance is leading that organization we will have a different strategy you will have someone with a different plan and we will have someone who's ready to negotiate with people who are ready to negotiate I offer that okay it looks like we're out of lights here on the amendment only on the amendment only maybe have a roll call please do you want to know what the amendment is okay I'm sorry I've got it I think I have it in a section 2-693 per NB where it says the chairperson of the salary and grievance committee take that out and replace it with director of human resources and labor relations or the interim director of human resources and labor relations that's the amendment correct alderman sir no or oh I'm sorry I almost got it and then we have the human resources analyst on the next line is the ex officio do you want to change that no okay okay so does everybody understand it everybody everybody understand everybody good we're voting Jane Jane Judy taking minutes okay and then the yeah so then the legal consultants we have are included because of be on the section above okay thank you okay we are ready everybody clear okay clay unis rindflash suric van der wheel who I'm sorry Wongamun boron no balk Bowers Decker Gisha no Hannah Heidemann Coss wait and I seven knows the amendment carries okay so now we need a motion to all the person clay unis to pass the ordinance as amended all the person clay unis exploits excuse me as amended we have a motion in a second to pass the ordinance as amended under discussion no discussion as amended may we have a vote please Montemay or rindflash suric van der wheel who Wongamun boron no balk Bowers Decker Gisha no Hannah Heidemann Coss Kittleson clay unis ten eyes six nose passes as amended that was a long one 11-58 lies over 11 59 and 60 to be referred matters laid over 11 10-50 our own number 173-09-10 by the redevelopment authority recommends approval of the request of the tourism division to use redevelopment authority owned in the south pier district for Labor Day Festival activities just need a motion to accept and file seeing as I think this is already happened we have a motion to accept the file and a second all in favor under discussion it's already done all in favor say aye opposed motion carries 10-27 resolution number 67-09-10 by Alderman suric all the persons Alderman suric and vu relating to providing boat slips at the marina for the city fire boat in the county Sheriff's Department patrol boat at no cost Alderman suric we have a motion in a second under discussion no discussion may we have a roll call please rent flesh suric van der wheel who I'm sorry thank you wangaman boran bauk decker geisha hannah heidemann kath kittlesen clayunas and montemay or 16 eyes motion carries 10-36 general ordinance number 12-09-10 by all our persons about geisha kittlesen kath and heidemann amending section 29-75 of the 1975 sheboygan municipal code as so as to delete and recreate section D of the police department's table of organization president boran I'll make a motion that the general ordinance be put upon its passage we have a motion in a second under discussion under discussion if I may mayor certainly I would like to publicly thank acting chief irick for his leadership in bringing forward this new table of organization for the police department the thing that I'm particularly happy to see is on the second page under under new under where he recreates as follows under number three about the fourth one down sergeant of police field supervisor in some discussions I've had with deputy with acting chief irick he mentioned that we have a very young patrol division and the patrol division is doing an excellent job but as part of this new table of organization chief irick is going to be adding three more field supervisors for these for these young officers and I think this is very very important that these young officers you might say have some mentors while they're you know early in their career on the street I also want to thank the police officers union for coming forward and supporting this new table of organization but again I want to thank chief irick for his leadership in bringing this forward thank you thank you president boran and may I add to clarify the those three officers are not being added to the police department's table of organization they're being added from supervisory positions to active street patrol which is a great thing any further comment we need a roll call roll call please sir van der wheel voo wangaman boran bow bowers decker gisha hannah heidemann kath kittleson clayunas montemay or and rindflash 16 eyes motion carries other matters off authorized by law 1161 through 1164 are referred 1165 a resolution by Alderperson kittleson authorizing executing the appropriate documents transferring ownership of the properly located at 628 and 630 south 13th Street to the city of sheboygan Alderperson kittleson thank you mayor I believe we need to suspend the rules on this motion to suspend do we have a second motion in a second on suspension reason being that I think this has been held up but legally with our building inspection and we'd like we need to get a hold of the property so that's that's the reason for suspension of the rules any further discussion on suspension of the rules alderman gisha vice president gisha thank you your honor just a maybe a question for all the person kittleson the city officials have negotiated a proposed settlement are you able to describe to us what that settlement is you know I know that this this was that house was abandoned on the corner it that's what the problems have been for so long and it got caught up in court system that we couldn't get a hold of that property for such a long time I believe that is what the problem was I'm not quite certain what the settlement it may be attorney McLean knows a little bit more sure since the city attorney Adams has been working on this but I believe the settlement is that in lieu of establishing forfeitures multiple forfeitures for the violations they would deed the property over to the city city would then either turn around and sell it to someone to fix it up and we'd make available housing rehab loan funds or we would put some money into it fix it up and and sell it but that's the settlement is in lieu of placing large amounts of forfeitures on the property that aren't going to get paid because they're going to walk away from it basically we get the property and we can fix the property up put it back on the tax rule that's kind of the concept that's been discussed thank you attorney McLean under discussion that must have been from the previous that's an old one any further discussion then then I'd make a motion that we put the resolution upon its passage yeah we still have to do an all eyes on the suspension I would any further discussion on the suspension all in favor any opposed suspension Jean okay thank you and then I make a motion to put the resolution upon its passage motion the second any discussion just under discussion I do I'm talking with building inspection a mayor I think that we do have several parties who are interested in purchasing the property so hopefully we won't have to hang on to it that too long that someone will get in there with housing rehabilitation that they might apply for loans or something they'll get that place fixed up and and get that neighborhood you know back into shape again that's that's a great thing one bad property can really a neighborhood thank you any further discussion have the roll call please Vanderbilt Voo Wangeman Boren Boke Bowers Decker Gisha Hannah Heidemann Koth Kittlesen Clayunas Montemay or Rindflash and Syrac 16 I motion carries 11-66 and RC by the Marina and Harbor Committee recommending filing documents submitting the Harbor Center Marina balance sheet for operations dated June 30th as submitted by Skipper Marine Alderman sir thank you Mr. Mayor I move with the report it committed be accepted adopted we have a motion in the second under discussion no discussion all in favor say aye opposed motion carries we have some other matters here attorney McLean thank you mayor 11-67 is an oral by the city clerk submitting a communication from Adam Byer requesting a waiver of the sexual offender residency restrictions that will go to public protection and safety 11-68 is a claim from Amy Deets on behalf of the minor child Jason Deets for alleged injuries to Jason Deets while playing at the splash pad at end park when he slipped on the surface fell and hit his head suffering a concussion that will go to risk management 11-69 is communication from Lewis Rice fingersh I see attorneys at law regarding the Western Interceptor cured in place pipe and manhole rehabilitation contract bid award protest that will go to public works 11-70 is a resolution providing for building use payments from TLC homes ink for use of senior activity center building space to be made available for use by the friends of Shboygan activity center ink for senior activity center recreational program services and building maintenance improvements that will be referred to finance 11-71 is an oral by the city clerk submitting various license applications for the period ending June 30 2010 and June 30 2011 that will be referred to law and licensing 11-72 is an oral by the city clerk submitting a claim from William and Rita Pittenger for alleged damages to their basement when the sewer backed up into the basement and that will be referred to risk management all in favor of adjourning we're out of here