Like to call the 22nd meeting of the 2014-2015 common counsel to order with a clerk, please read the quote for the day Thank You mayor Attitude is a little thing that makes a big difference Thank you very much Would the clerk please call the roll for the meeting there are 14 present? Alderman Jim boring and alderman ty dasler are excused. Please stand and join me in the pledge of allegiance And to the republic for which it stands one nation under God Indivisible with liberty and justice for all Next item on the agenda is approval minutes from our last council meeting Alderman Carlson. Thank you mayor I make a motion to approve Thank you for that motion and support. Is there any discussion on the motion? See none all those in favor, please signify by saying aye. Aye opposed motion passes Next item on the agenda is resignation city attorney. There's a letter to the council from former all-the-person Kevin Medichick advising that due to his legal issues and criminal accusations against them. He's Resigning his position as fourth district alderman in the council Thank you very much Accept the motion then I make a motion to accept and file the resignation Thank you for that motion and support All those unless you have to call a roll on that please with the clerk, please call a roll It will be 13 eyes and there the roll call should have said 13 not 14 Alderman Hammond is also done He's also excused Okay, the motion passes There are no council appointments or no confirmation will call council appointments this evening's we'll move on to public forum Okay First this evening would be Mary Joe's a cozen Mary Joe would you come on up to the front, please and Mary Joe Can I have your home address, please? 2314 North 7th, okay, and you will have five minutes. Thank you. You're welcome Good evening, mr. Mayor and the aldermen's of shiboy again and the citizens also I'm here to speak about the field of dreams issue Our my first point is the shroud of secrecy This entire business proposition has been done under the shroud of secrecy Anything done in that manner should be highly suspect the community at large Heard that this adventure online heard of this venture online around 130 last Monday February 9th of 2015 If they didn't read about it online, they would have read about it in the paper on Tuesday the 10th our community Has had no input The community has had no input on the sale of the field of dreams Northland The demolition of this well-used park playground a recreation facility Should not be done Aurora has reckoned that requested to rezone the field of dreams property with us less than a week of the community knowing about this ordeal We are wondering why that is We are wondering where are the auroras detailed architectural plans for the field of dreams North property What is the long-term planning for the field of dreams property south that the butzons most graciously donated? We require more information and documentation It would be to everyone's benefit post all this information on the city's website. We need more than a simple sketch that shows The public the actual group hints of the final buildings They have announced to be projected to be completed in 2018. I've included one for everyone if you would like Shouldn't the city need to see complete architectural drawings before making the decisions? on rezoning Is Aurora truly doing what is right for the long-term growth of our community? David Gabner, I'm sorry if I stated his last name wrong stated Aurora is doing this for the community and the sports programs in Sheboygan Aurora is destroying one facility and helping to develop another just to acquire the property Is that self-serving for their war cooperation? If they are really concerned about the whole community why couldn't they build elsewhere? Maybe the additional shop co-property that the city is already purchased for two point some odd million dollars And then leave the existing sporting facilities that are much used on the north and soon to be the south side to help develop Our town as a whole this would be truly great gift to Sheboygan Right now their offer to help develop the south side property is nothing But what we see as a bribe to destroy a wonderful green space and a prop park if their plan is to build a new hospital or facility outpatient facility or A surgical facility what will happen to their additional facilities in Sheboygan in the long term? We all know that buildings We all know that buildings like many others in our community Need upgrading removal because of age environmental challenges and technological upgrades The field of dreams north the neighborhood was not a repeat was not informed about this Had a time they are severely against it the surrounding neighborhood received a vague letter from Aurora Regarding the community meeting on Monday the 9th, which I also have a copy for everyone in the council That is when they were informed about the plans to build an outpatient surgery center on the field of dreams north site The neighborhood finds out that the school board was going to vote on the field of dreams not more than a day afterwards In Alderperson this past weekend Informed our field of dreams group that the Common Council was assured by Aurora that the neighbors were on board with this plan prior to the releasing of this letter Property values around the proposed Aurora facility will go down Will how will that affect city revenue Aurora has a nonprofit side to their corporation? Will they have different revenues for the nonprofit and for the profit will their revenues of $200,000 offset the loss of property values The use of the park the park is used in multiple groups daily Soccer baseball young children playing adult flag football teams Legion games every Sunday Community organized soccer recreational kite flyers Families neighborhood children there's been an increase every single year for the past 12 years of the park The so-called dog poop issue is because of the aeration Just to set that aside Parking the parking issue is not an issue every park in the street has parking issues Yes, you're five minutes or up. Did you need an additional minute? Yes, please? Thank you We should maybe rezone and pay or pave over many of our parks if parking is an issue We'd like to know what's going to happen to the community gardens. How many fees the city is going to take over? With Sheboygan's a destination. We've heard that before in the construction of the Harbour and What's going on there with our south side? We've heard the construction of the marina and look where our money carry consumption has gone there We'd like to continue to build our facilities and to continue to continue to grow for long term here Not just a short-term budget fix And I think that needs to be considered with the citizens of Sheboygan and the surrounding communities That needs to be taken into consideration with every project that we do here and it seems though is not I have lived in progressive communities across this country Boulder, Colorado Orlando Denver and they have planning for long term I don't see the planning being exhibited here at all. Excuse me Mary Joel. Yes. I'm sorry your time is up Thank you for your time and consideration Thank you. I will give these to the secretary if you'd like to reference them next on our list is Renee Rush Renee are you here? Thanks Please hold your applause Renee if you could come up to the front, please Renee, could I have your home address? 2301 North 34th Street. Okay, and you'll have five minutes Well, welcome everybody and thank you very much for the community support here And thank you for allowing us to have a chance to speak We are scrambling as neighbors in a community to try to rally around our Vibrant park that we have. I think it's fair to say that Aurora and the city and the school district has had ample time to Talk about this and plan about this with us hearing about it and the ninth hour. We are left a little bit Unprepared, but we are doing the best that we can Just wanted to talk a little bit about The Southside complex that is looking to be built and we are for that we are very supportive of that We would like to see a new sports complex built on the south side of town We really feel that the community and the children should not need to Choose the north side or the south side. Why can't we have both? Why can't we have two facilities for our children to play and to? Practice and have tournaments and have fields. There is that we are not against I feel like Aurora and maybe the community it feels like we're they're pitting us against the Southside complex and we are not against that at all I just want to make that very clear a lot of our children participate in a lot of the sports that are taking place in those at the field of dreams baseball soccer and The hopefully, you know the Schwig and youth football is looking to get some fields at the Southside as well And we are excited about that because a lot of our children play that as well We talk about you know Aurora's they want to be about wellness and health And it's interesting that you want to take away the park the green space that creates a lot of health health and wellness in the community Not just soccer is played there as Mary Joe pointed out We do have a lot of different activities that are there Neighborhood kids go there every single night after school or pick up football games They kick the ball around we have a lot of them in the audience right now that do that I have listed here. I also have copies for the council if they'd like to leave them with a secretary We have a variety of Different land option sites that were brought to our attention that we think Aurora would or could at least look into on the north side We have land between Grohl Road and Miller Road by County Y by the new senior nursing home and assisted living There's land by the intersection of County Y and County O in the central part of the city We have expand an existing aurora's clinic location by the pick and say building and shabuagan County police shabuagan city police station We have the old century grocery store by Rogan shoes community bank and trust. We have south of shop code farm field Entrance by Taylor intersection by a community bank and trust Land at intersection Union Avenue and Taylor Drive near bio life on the south side. There's land south of holiday in There's land at the end of Taylor Drive, which Aurora already purchased There's farmfield land just north of Wilkes lumberyard near campus life There is the old Wilkes lumberyard property and there's also farmfield land on south side by auto repair place and near new Subdivision to newer health care clinics have built on this property already So I do have those handouts for you to consideration put into consideration as well I Also want to bring attention that there is Thursday night February 19th at Cooper school 6 30 p.m. A community input session between the school board the city and Aurora health care, so I think it's going to be a little bit more of unveiling of some plans The plans that we've received today to have been very vague have been just like a little bit of a pretty picture with a lot of green space Questioning why we have 610 parking spaces for a very small outpatient medical facility surgery center Why is there three access roads going into it if it's a small outpatient? Facility as well. There's to date. We got wind or we got told there was 37 jobs coming to that facility Why is there 610 parking spaces for 37 jobs? Those are questions that we have that we have not had answered yet It's come to our attention that the school board will also I think vote on this issue possibly February 24th, and that is to be determined. I think date and place So with that That's all I have and I'd like to thank you very much. Thank you Renee Thank you Next on the list is herb Tyler is herb here. Mr. Tyler. Can I get your home address, please? 3514 Gila Avenue. Okay, and you will have five minutes sir. Thank you. I Have here the application from the school district for a change in zoning of that property And I'd like to read just a couple of items most of the items I won't discuss Because they're not relevant to that property They would be relevant to any property that Aurora would choose to build on so they're really not germane to this issue But this one is and I want to draw a picture for you in your mind That'll help you see the absurd nature of what they're recommending On the first page it says and this is already discussed it says to promote the health and general welfare And they're saying by providing better access to health care services for the community of both the proposed site and existing Aurora facilities Well that property Goes a long way toward promoting health and general welfare of our community that should not be overlooked It'd be ashamed to lose that for the people of Sheboygan But this is the one that I really wanted to discuss with you It says amending the zoning map Allows Aurora health care the opportunity to better serve the community by providing better access to health care services for the people of the city of Sheboygan and the residents and surrounding communities within Sheboygan County by developing a new outpatient surgery center and medical office building and I believe mr. Gravener also said a week ago that they were concerned about people in the western part of the county having access Here's the picture. I'd like to paint for you We have a pain center relatively close in that area We have the st. Nicholas Hospital and surgery center two separate buildings Marshall family medical We have purveyor neurology purveyor urgent care and purveyor ear eye nose and throat and I think plastic surgery center you have a pain center just east of the clinic You have the clinic you have their clinic annex You have the Vince Lombardi Cancer Center. You've got coolest cardiology You've got I believe Columbia st. Mary So we have a glut of medical facilities right in that area and remember their goal is to Better serve the community and the residents of the surrounding areas. Here's what I would like you to envision Let's take all of the restaurants in town and put all of them downtown So we can better serve the community Let's take all of the gas stations in the Sheboygan area put them on South Business Drive So we can better serve the community and provide better access. It says here provide better access Let's take the the stores the three Walmart's in the county including the one in Plymouth and target and shop go and Colds and let's put all of those on the north end of town somewhere near Menard's let's move home depot up their tooth for better access for the community Let's take the The grocery stores and let's move all the grocery stores in our area to Memorial Mall which they want to sell now because it's a failing enterprise as many malls around the country are and Taylor Heights and let's put all the grocery stores there to better serve the community And that's critical by the way because we have a lot of people that are going to go through life Just fine without medical care many won't but a lot will but all of us depend on grocery stores Try not eating for a week. They're critical. They're critical to our community So to provide better access. Let's put all of them right there. That is absurd on its face That alone if they really want to provide better access and health care services not only for Sheboygan But the surrounding community Move it halfway between here and final act now you would have the western part of the community or not halfway But maybe excuse me, maybe Plymouth or Sheboygan Falls Not that it wouldn't be a great facility not that I don't want them to build it Just don't build it on a site that is a wonderful gem in this community and you can never replace I just happen to believe that's very short-sighted my neighbor is Catherine Mertz She's nearly 90 her husband was the city attorney for many years Bucky Mertz He would be 91 if you were alive today. He died four years ago She doesn't have a dog in this fight. She doesn't own property in the area She happens to live in a duplex in the area but doesn't have any grandchildren in the area children doesn't use the park and I talked to her today Her response and she's very very sharp. She's Intellectually with it She looked at me and said are you joking? Are you kidding? I said no, I'm not and This wonderful woman who shovels all over snow by hand unless I go with the snowblower almost 90 She says that's crazy. That's just insane And she's right Thank You mr. Tyler Next on the list is Melissa. Is it brash? Is that how you pronounce it? close Would you please come up to the front? Melissa, can I have your home address, please? I live at 3320 Geely Avenue? Okay, and you will have five minutes So I just thought you'd have a little background I think Mary Joe shared a little bit about how we found out about this So I want to read you the letter we gave you a copy of the letter But some that many of us threw away if we weren't Aurora customers So it says dear neighbor Aurora health care has proudly served the health care needs of the Sheboygan County since Since 1922 in the coming days We will announce plans to strengthen our community our commitment to Sheboygan by expanding out access to health care Providing a long-term investment in our community and simultaneously improving Sheboygan youth and sports facilities period Long sentence some of these changes are occurring near your home as A resident and community member we would like to share these plans with you and receive your feedback Please join us for an informational meeting at 6 p.m. On Monday February 9th 2015 at praise fellowship with praise fellowships address listed here We look forward to seeing you on Monday who would know that that was to sell the field of dreams and build a Hospital complex. We did not know most of you can see mine has coffee grounds on it Because I threw it away because I'm a purveyor customer. Not that there's anything wrong with Aurora. It's just who my Employer offers, but I did not know and nobody knew so my friend and I got word on Saturday night. We're at a hockey game with our boys. We got word that They want to build on the field of dreams and we said no way There's no way that that is happening, but we don't want to spread rumor We would want to do anything but we should alert the neighbors because they're probably like us and they threw it away and We got some letters about 60 letters together and we taped them on the doors of the people that were surrounding in the community And we wished we could have got to more but it was really cold that day so we got as many as we could and it was late at night and We showed up to the meeting and let me just say they were shocked that we were there. They were pulling chairs in But we were just as shocked to see what was going on so I just wanted you to know the real background and the fact that they were voting on the sale of the property the next night and the fact that that the Press article was embargoed until 1 30 on Monday. That's wrong. All of this has been wrong And nothing about it has been upfront with the taxpayers nothing Including 610 parking spots for we don't have plans for a hospital there come on We are educated individuals here. We can do the math and figure this out So I just wanted you to know a little background about how this has all come about So thank god to the people in the community who came together on that night of over 50 of us Let me just say that night We took an impromptu vote in the middle of that meeting when we just found out what was going on and said is anybody for this Does anybody think that this is right for the city of shabuagan and the residents and the kids of our community? And not a hand went up Not a hand It is our understanding that aurora is giving as a part of this deal and they won't give it if they don't make this deal Is that they're giving some money to build the boots and property? We are excited about that but that property was going to be built anyways That was going to be done So the fact that you're saying that this is going to be taken away from the community is not true But let's just say this it gets built faster than what what it was going to be built originally What about the 800 000 dollars according to the paper that the taxpayers are going to have to put up because if you ask the taxpayers I'm guessing they would like some streets fixed. That's just my personal opinion But i'd like for you to ask them because we weren't going to put up 800 000 dollars originally Now we're putting up 800 000 dollars of tax money. We have a problem with that Field of Dreams has satisfied the needs of for 22 years what it was originally developed for They had no baseball or soccer fields and they came to the community and they asked us what what to do with that property And we were reasonable people and we said yep That soccer fields and baseball fields. That's Awesome. It is still serving that purpose today. I have lived there for 13 years and it has increased in its use exponentially It is a fabulous park that people come to all the time and the fact that people are driving on it I don't even know where that came from. I have never seen that happen. That may be possible I don't know but i've never heard of that but somebody said they were driving on it Melissa. Would you like the extra minute? Yes, please go ahead But has any considerations also been given to the community gardens that are going to be the used on the south side Because let me just say when you have something close to you Moving it on the south side is not the same So you're a neighbor right next door. Who's next to you if I move them on the south side. Would that be the same? How about your park that's in your? Community in which you live if we move it to the south side. Is that the same? It's not the same and the way that this park is used is not the same way. We're attending to use the boots and property We're also interested in what the infrastructure costs are going to be to put in this hospital facility And when asked on monday what was going to happen with the infrastructure and all the costs It said it hadn't been considered because it hadn't come to you Well, I think we should know all those things before we do that because that's taxpayer money If they're going to have three access roads and people coming into the surgery center and all those different things And we haven't even taken that into consideration and I'd like to respectfully request that don hammond Excuse me melissa feel not be able to vote.  I'm sorry. Thank you Thank you everyone Next on the list is vicki meyer Is vicki here Vicki can I get your home address, please? It's 3107 north 26th street shabuigan and you will have five minutes. Thank you. Good evening everyone The field of dreams is a park and it is a place where families and friends gather and children play If you rezone this park, you will be a partner in its destruction I know money is a driving force in destroying this park, but everything should not be about money In this case it should be about the children and their children And the children that will play on the field of dreams long after we are gone The children come first Remember shared in park people didn't want their parks destroyed This is another shared in park But 30 times bigger and 30 times more problematic The best way to end this nonsense Is for one of you To make a motion to file the documents and one of you to second the motion and the rest of you With a good conscience and a love for kids and our community to vote for it Do not help destroy the field of dreams I ask you to do the right thing Kids come first Thank you. Thank you. That's it for public forum. Thank you very much Next is the mayor's announcements. I'd like to ask uh mike shard to please join me at the podium Mike shard is a utility engineer for the shabuagan water utility For most of you know, mike he's the epitome of of of consciousness detail orientated engineer in mike's hands No detail got overlooked Mike has been designating and designing rather and coordinating all the aspects of water mains in shabuagan for the water utility for More than 30 years His favorite expression is why is there always enough time to do a project over but never enough time to do it right? in a bit of contrast to this Detailed and technical approach Utility superintendent joe trubelab recalled and is for one of his times in the first time in uh first year in the utility He went out to jorgin avenue with mike near harris man school After recounting various details of the water mains in the vicinity mike proceeded to remove Two little copper tubes from the utility truck These were about two feet long and each had a bend in one end and a 90 degree angle forming a little handle Mike then proceeded to tramp over the ground with the tubes pointed ahead of them in order to douse the location of the water main pipe in the ground Sort of like old dousers Sticks in the movies Being a rookie joe trubelab immediately thought that he was being had He but slowly mike realized He realized that mike was not one to play a practical joke In fact, the little tubes did work to help obtain the location of certain large shallow water pipes Eventually as time marched on mike gave up the little tubes and relied more on electronic locating devices But it shows mike's overall dedication to getting the job done and using whatever it takes Tonight i'm really Privilege to give mike the certificate of appreciation From the city of shabuigan and the shabuigan water utility This certifies his 33 years of dedicated service from january of 1982 through march of 2015 mike Congratulations on your retirement and thank you so much for all the great service you gave the water utility and the city Would you like to say any words? Well, thank you, mr. Mayor, and thank you to the city of shabuigan. I enjoyed my 33 years with the water utility working with a team of very dedicated employees and That's one thing i'm going to miss There's a lot of things i'm probably going to miss but Thanks again for the recognition Tonight on your desk you'll find a press release Um The proposed lake michigan national marine sanctuary in wisconsin has now been added to the noa inventory for future designation consideration The cities of port washington shabuigan manor walk and two rivers jointly announced today that The regional nomination for a national marine sanctuary Submitted by governor walker on behalf of the citizens of wisconsin has officially been added to noa's the national asianic and atmospheric Administration inventory list of areas under consideration for future sanctuary designations Our four communities have worked very hard in partnering on this effort Embracing a regional approach is the best position for us and for eventual success While we are quite not quite there yet. This is a great indication that we are on the right path This regional nomination as submitted to noa Detailed a proposed 875 square mile area National marine sanctuary stretching from port washington to two rivers The sanctuary would be only the second in the great lakes and the 14th in united states It would contain 34 known shipwrecks including two of the oldest shipwrecks in wisconsin and 14 intact ship shipwrecks Four of them was standing mass The 15 of the 34 shipwrecks are on the national register of historic places Once nomin and once unnominated areas placed on the inventory Noa can consider it for designation, but it does not guarantee that noa will begin the sanctuary designation process for that area Designation occurs as a separate public participatory process and often takes several years to complete So this is some great news and We're happy to spread this out Um, you also on your desk you'll find a new recycling brochure That brochure is available on our website And the water utility was gracious to offer that they would stuff it into the next You quarterly bill so everybody will get one at their homes as well The city is going through a redesign of its park rec and open space plan and as part of that plan There's a survey on the city website if anybody would like to take that survey They can go to the banner ad and follow that to the uh, the survey that they can fill out Thank you Okay, then we'll go on to the consent agenda Alderman carlson. Thank you, mr. Mayor I make a motion to accept and file all our o's except and adopt all our c's and pass all resolutions and ordinances second We have a motion This will include items 2.3 through 2.17 Alderman heidemann. Thank you, mayor I'd like to pull item 2 7 out of the consent agenda And basically the purpose for holding it out is I'd like to make a motion to hold this document Until after the school board has decided whether or not they're going to sell the property Okay, 2.7 is the resolution by alderman vander wheel and van akker and directing the public hearing On the change for zoning and the property located at 3306 seaman avenue Okay, we have a motion. Is there a second? We have a motion in a second under discussion Go ahead arm and carlson. Thank you, mr. Mayor I think this is kind of putting the car before the horse here I mean the the purpose of this is have is have a public hearing and I think that's pretty important I mean that is what everybody here is asking for Everyone can come up here to a public forum, but we can't respond That's kind of the point of a public hearing. We can't do this in this forum. So I think we need to have this Thank you for those comments alderman heidemann. Thank you, mayor I didn't know if I was supposed to take any of the other documents out of the the agenda I'll wait till they come up first far as separate votes or something that whether 7 2 or 4 2 But again, they're going to have their public hearing Just the fact that we delay this This resolution until after the the school board has made a decision whether they're going to try really shouldn't hurt the effect Or I have anything to do with the the public hearing Thank you for those comments alderman donahue. Thank you, and I had a question for attorney mclean. Is there a reason why this is Coming before us before it's really ripe in the sense that I'm just not sure about the timing wouldn't it make more sense Let me ask you this does there need to be a vote on a request for public hearing before the public hearing is actually scheduled Yes, okay, and so why are we doing this now? It's my understanding the applicants have submitted a requested zoning change And that would typically get referred to the client commission and As part of the process the council typically when the documents come in Approve a resolution to direct the public hearing that will be set sometime in the future And I don't know what the date is of the public hearing, but It's to keep the process moving along And then just alderman donahue and just as a follow-up then so in other words It would make sense for the school district to request the rezoning which I presume is some part of the agreement between the school district and aurora in terms of The offer to purchase That's been submitted that's on the On the agenda tonight. Okay. All right. Thank you Any further discussion Would the clerk please repeat the motion and then wants to hold this or do you want to No, I'm willing to hold this document until after that decisions been made You can come back to the council at the proper time after the the decision by the school board is made Can I comment please? Okay. Just so you know procedurally When the application was handed in that triggers me to draft the documents that I need to draft for council For it to continue all this is is it gives me the timeline by state statute. I have to notify Within 30 days, so it just puts me on the calendar for notifying in the publication, which is the press So that's all this is doing It's just part of the procedure. So it's not going to happen The hearing for the actual zoning the earliest what happened is there about 30 days out For us Is I just wanted to make that clear. Okay, that's fine. So Otherwise I could I would move the file if you want would would that make it simpler for you Well, it's not whether it's simple or not. It's just that by statute. This is what I have to do When it's brought in That triggers me to go by statute to do the 30 days out I publish it in the paper. I have a procedure of sending out notices, etc by statute. That's what I have to do for hearings So I you know, I just wanted to make that clear. Thank you very much for you That's clear So the motion is to hold a document Uh, is there additional discussion all during donahue? Thank you. No anyone else Over here All the middle of the side Being said then I is it possible if we make a motion to file this document Um, the people will be able to Have their meetings. Can this be brought? Well, can they make another application at a later date? And instead of holding it we file it. Well, this this is only This is only it's like a reminder to me to start the process for a hearing Has nothing to do with the application. We're not talking about that right now. This is just the Resolution the resolution so that I then go forward with my process As for statute so that I can get the hearing on the books That's all it is The other things are not what we're talking about the application and all of that This is thank you Alderman carlson. Thank you, mr. Mayor. I there's been a lot of miscommunication on this entire project I will fully agree to that. There's been a lot of miscommunication. The public wasn't fully informed I can't take responsibility for that nor will I however You got to understand the the zoning process That is our chance as a community as the city of sheboygan to have that conversation with our residents That's that's what the zoning meeting will be about The school district will have their public hearing for the sale of the property So if that does get sold Then it does come to us and then we can have the conversation with our residents And the only way we can do that is by having this public hearing and by having this go to the city plan commission So once again this document that you just voted to file all it is once again as madame clerks Richard's just said is a Proper way for her to know File a public notice for the public that we are going to be having a hearing Possible hearing if the sale is approved and we can't have that without this document Thank you for those comments one last thing. This is by no mean approving the sale not approving the zoning This is allowing us to have a discussion with the residents of the city of sheboygan Thank you. Alderman bellinger Thank you mayor I agree with alderman carlson that there has been quite a bit of confusion regarding this subject matter Um Sue as a clerk, could you please give the people here the timeline? and the People at home so they can understand the process that this The the the referral For the zoning is going to go to the plan commission on the 24th At four o'clock the planning commission is going to meet And they are going to make a recommendation one way or the other And that later that evening at 6 30 The school board is going to meet Okay, and they are going to decide whether they're going to sell or whatever decisions they come up with Then the referral from the plan commission Goes to the council for at what meeting or what date to vote on because I think the document states For the public hearing states march 16th for the public hearing. That's correct. So I originally thought that the referral from Of the Recommendation from the public hearing would go to the march 2nd Council meeting, but that is incorrect. That's incorrect. So could you just spell that out to the let me pull the document So I have the right date So everybody is clear the process on how this is going to go That's 2.7 I don't have a calendar in front of me. So I'm just going by the public hearing notice What happens is we got the application for a reason as we always do comes to my office And then what I do is I will draft three documents for that. I will draft What we call an ro or a report of officer that will take the application and everything with it And bring that in and refer and it'll be referred to plan commission at the next available meeting Which was tonight Then I draft a general ordinance A zoning ordinance to change the zoning from a certain class to a certain class And I put all legal description in there and that also gets put in the next available council meeting Which is tonight for referral to plan commission then I also draft a Pad resolution that just Basically reminds me I've got a now file a state statute and go through the process of Um setting up the hearings That allow the public the alderman everybody And that will be held on March 16th. It isn't immediately after The plan commission meeting the plan commission may or may not whatever they decide to do their recommendation will then come to that March 2nd, I believe Council meeting that would not be acted on then all those documents would then be Held until March 16th because I've got 30 days that I need To notify the people that are within 100 or 100 foot radius of the rezone So the public hearing which would be the gallery people in the gallery and for council will happen On march 16th a regular council meeting It will not happen on march 2nd It can't because I will not have had those 30 days to do what I need to do Does that answer your question? Yes, it does it clarifies that you know for me, okay So then Then the actual vote would come up right immediately after that hearing then at that same council meeting on the 16th That's what typically happens is we will have the public hearing first in the first part of the agenda on the 16th Then we will get down to the document that laid over which would have been an aro from the city plan commission And attached to that would be the ordinance And the other documentation and at that point the council would be asked to Vote on that either yay or nay. Okay, so it all happens on the 16th. Okay the way it's mapped right now. Thank you. You're welcome Is there any other discussion on the motion to hold? Seeing none will the clerk. Please call the roll Okay, can we just roll a roll of voice for now? I'll ask for just for a voice. Yes. Point of clarification or point of order The original motion was to hold then somebody made a motion to file I don't know that anyone seconded to file But wouldn't they have to resend there first if that was the case? So the motion on the floor is to hold Do you want to do roll call? To hold Okay, hold on Hold on then the star. Do you seconded it? I did. Thank you All right. This is a motion to hold document 2.7 which is directing me to do the process for public hearing Um, I've opened the voting Okay Four eyes eight nose motions defeated So then we're back to the main motion of To take care of the consent agenda from items 2.2 through 2.17. Is there any further discussion on the consent agenda? Seeing none will the clerk. Please call the roll The voting is open 12 eyes Motion passes Next is communications item 3.1 will be referred to the public protection and safety committee Next is reports of officers 4.1 will be referred to the city planning commission 4.2 alderman bellinger Thank you, mayor. I would like to make a motion to Have a discussion on this document prior to it being referred second Thank you for that motion under discussion alderman bellinger Um, I I've just got um some issues that um, I would like to ask Mr. Gravener to come up in address So could you make a motion to open the floor to an individual in the audience now? Yes So moved it's been moved and seconded to open up the floor to david gravener under discussion Seeing none all those in favor signify by saying I Opposed motion passes david would you please come up to the podium? mayor Please go ahead alderman bellinger Thank you, mr. Gravener for addressing the council. I've got um Several issues that um, I would like you to address Alderman carlson mentioned earlier that there's been a great deal of misinformation Regarding this whole subject matter This past weekend, um, I've field fielded many many phone calls and emails regarding this issue and There's a great deal of emotion and passion regarding this and Candidly what I'll tell you is every call or email that I got was you know a negative one from your perspective and it was to You know for various reasons to to keep the fields the way they are and and you know Move on to a different site All the people that I talked with in the emails I got everybody was conducted themselves in a professional Manor and was respectful you know, so I certainly would like to acknowledge that that there is a great deal of passion any motion that is attached with this And I also had in almost every instance There was some bit of misinformation that was stated to me Um, you know, whether it was They're building a hospital there.  There was a bunch of misinformation And I've got all those Notes that I took during those phone conversations and I will compile that and forward those on to you But I would like you just you and I when I became aware of this had a Conversation it was very frank. It was very candid and I would just like you to Expound on some of that and number one the genesis for the expansion. Why does aurora need this? Why this site? Why not some site on the south side? That's a lot of the questions I'm getting In in you've heard it tonight. Why is there 600 parking spots or 600 plus on this drawing that was submitted and why the need for so many and What are the short-term and long-term plans for memorial hospital? That's a district that I represent and I live two blocks from that facility And there's you know a great deal of misinformation as far as that goes too So if you could you know just address those issues and then you know other questions that other aldermen may have I would appreciate it. Thank you. Very good. And I appreciate the opportunity You know and I'm I think I'm respectful to the neighbor's concerns And I think you know that having an open process, you know is something that we want to engage around You know, um, I think I've been here four years in our community and my family and One of the key things when I arrived was That the stalemate that we've been at as an organization are we going to expand are we going to develop a new hospital? You know, how do we continue to serve the community? Given the restricted nature that we have of our hospital and the clinic and there's really kind of been two issues around that One is our our land the land that we have to be able to be accessed for healthcare has been a challenge for 20 years And for us to move forward We're looking at the next 75 years And so when we're looking at a project where we're spending 86 million dollars We are going to be moving forward with the intent of how do we serve the community long term? Okay, and that that's a difficult thing to say because it's like all of a sudden okay, we're going to build a hospital there We we're here to serve the community and to serve the community We want to make sure we have the ability in the future to continue to develop and And grow to meet the needs of the community and and part of that is having Adequate land and that's been a challenge I think the other challenge that we've had that's immobilized our decision-making really is are we going to build a new hospital or not? and so You know that process we went through Within our board and with our system and there's there's several things that have happened in that in that four years time When I when I arrived here when you look at our outpatient activity at the hospital we're About 40 percent at that time of our care was outpatient delivered Today at 65 percent of our our care in the hospital is outpatient So there's been huge changes and you hear about them, you know federally That have really affected healthcare and so making a plan To really deal with uh in that period of time when when we're having so much change is a challenge And so what we felt the best solution was you know and that the roar board supported in in 2013 Was to move forward with offloading some of our services at the hospital You you see the parking issues that we have at memorial We can start buying more houses around and and tearing it down or we can move those outpatient services to a new location The clinic has so part of our access issue is you go see Orthopedic surgeon It's it's three it can be three weeks three months before you're into the or and it has a lot to do with our or capacity That's our core issue that we're trying to resolve with the surgery center The other issue is is the clinic has the same issues nine nine acre Parcel perfect location to serve the community But we've been constrained by their by their capacity as well And it makes it difficult for us to recruit Physicians and have them come in and feel good about coming in the community when they don't have adequate space in their clinic So our ability to move those services To to give some breathing room at the hospital and give some breathing room at the clinic is important for us And that was our strategy When when the board made that decision in 2013 we went back and asked for 11 million dollars So we've spent this year and next year we're spending 11 million dollars upgrading our facilities So if you go look at the outside of the facilities, you see windows that are being replaced You we've put in three million dollars worth of chillers We've moved to MRI over a loading dock into a you know more adequate Location we're upgrading all of our inpatient units I'd welcome you to come into the facility because that That decision wasn't made for the last 10 years because we're not sure if we're going to be in a new hospital or not So yeah, I think we're talking out of both sides of our mouth when we're talking about is this going to be a final Destination, you know for a replacement hospital There is no commitment. That is not where our board is going right now But I think for us to serve the community It's critical that we have a place that we have the ability to Control to be able to manage what is needed to serve the community I think you know the other big issue that I think people have talked about is land And I've I've been working on this in the four years that I was here And it was worked on, you know, dr. Gabb and others have been working on it long before I And the challenge really is is that where we are with land And in our in this in the city if you look at our behavioral health population We cover 100 of all behavioral health patients. Many of those patients need Need public transportation Our ob we we have 80 of the maternal child is is in our hospital We have the highest by far number of patients that you know are a medicate and don't have other assistance So transportation is critical for us to serve the community And if we create if we leave the city We create barriers for people to getting care and that's our burden. That's our challenge It's a mission that we're you know, we're committed around but that is that is why we are interested in being the city You know, and I think that You know, when you look at you know, why if you take if you go around, you know, where st. Nicholas is where st Mary's is if you look at Praveya You look at the shabuigan clinic within a mile You have most of the health care and the reason is very simple It is the best access for the county and for the city. That is why that's there There's a where there's a medical it's a medical corridor And we want to be part of that because it makes sense in how we serve the county And that's why it's important for us to consider that We looked at many options Okay, and I'd be happy to you know talk with in anybody about the options that we've considered But we need 30 acres. We need to be able to have something that gives us a 75 year horizon That is critical. There's a lot of 10 acre options. You know, there's there's So if you and I'll just give you a high level if you go south The major issue south for the expansion for the city is is the railway for us to To put something a health care facility on the other side of that railway and have You know that has you know six Six trains five to six trains a day there. Can you imagine waiting to get to? Either out of a facility or into a facility waiting for a train to get there You know, it's multi-million dollars in order to have access to the south side from a from a long-term standpoint So that's a critical. That's an issue going north Out of Calumet, you know, we go into the town You you have major issues for access again for for the city And so, you know you start limiting those kind of pieces We we worked with the school the original discussion with the school was around having The east parcel we wanted to go to the east parcel. That was our optimal And that was the discussion that we had with them and we worked with the dnr We worked with the school to try to identify How we could make that east parcel work and the school board came to the same conclusion that it doesn't work long term for the community Okay at at 17 acres non wetlands. It doesn't it doesn't work for for a health care Um For the future and so that's when we started the discussions with With the school and as we were starting to look at options, you know, dr Sheehan was very clear about what the school board considered And you know making sure that we had good access and we improved services So east side really becomes the new park for the for the neighborhood And I think that point's kind of enbissed in in this is that we're you know, we're developing You know that we're moving the field of dreams to the east parcel They'll have two Soccer fields two baseball fields. They'll have You know concession and have all those amenities that help people Continue to function with the park our land and that's part of you know What we want to do is provide a way that we can have dialogue about how people can access the the field of dreams land If that's so approved by the citizens to be able to have access to that community How should we look at lighting? How should we look at? Walkways all those things that I think continue to help us be a good neighbor coming in I think we're interested in that dialogue And that's why you don't see a big plan It's not together today because I think we want You know, we we want to make sure we have a dialogue that understands what the issues are so that when you see it And you're you're voting on it that you have an idea about how we come into the neighborhood And how do we make sure that we're you know, we're um have that available Did that answer your questions? Yes bellinger. Thank you Any other alderman that had a question? I'm sorry the parking spaces Why aren't there 600? You know, I'm a I'm a nurse by background and I I asked our our Architects to draw up something because I wanted people visually to see something. Okay So we don't I don't know what our parking number is today I'm working that we're getting a traffic study We'll do the review and then at the meeting I said this is our first shot You know, we're just trying to get something out there to start a dialogue You know, I think the letter was something that you know is my bad Okay, I wrote the letter and you know, but so you you can you know, I think you criticize Criticize our approach around that and I totally get it That was intended We were public on Monday Knowing it wouldn't go on the paper until Tuesday because I wanted to have a dialogue with the neighbors I I wanted them to hear from us why we were Why were you're considering that before they read it in the paper? Okay, so That didn't transpire. You know, I I get you know, I get it was too vague I think there was you know a lot of concern about something getting out with the whole picture But but that intent was pure that intent was meant to be to try to get feedback and And I still want to have that feedback and and I I understand it We're coming into a situation where people it's a it's a precious commodity or in our community All of our caregivers we have a hundred 113 caregivers that live in our community and they They their kids go and work in that and and play in that field of dreams And I hear from them every day about why this makes good sense for them And I think having an open public process will be something that will help People understand the value that we can create Together with with these kind of two projects coming together Thank you Are there any other questions by the alderman Well, thank you very much, david. I'm sorry mark I was wondering if any other parcels of land in nine in case the field of dreams doesn't come to rotation Well, we've been working on plan plan b and c since I've been here You know, I think our challenge is not to leave the the city and and so This is this is where we're public We're out, you know with where what our desire is and if that's where to choose You know the citizens and council chooses then we'll have to go back and take a take another look, but I I've I've I've exhausted and our team is exhausted a review of options and we're you know, we're we're investing 86 million dollars in our community and we are We need to make sure that that is set up in a way that you know really manages the next 75 Needs years of needs for healthcare going forward Thank you. Is there any other questions by the alderman? Okay, thank you very much david Items 4.2 through 4.7 will be referred to various committees under resolutions Item 5.1 is a resolution by alderman carlson appointing the temporary special council to assist with the prosecution of the municipal traffic and ordinance violations Alderman carlson Thank you, mr. Mayor. I'd first to ask to suspend the rules Thank you very much for that request. Is there any objection to suspension? second Is there any objection to suspension seeing none? Please proceed all right under suspension. I would uh move to pass the resolution second Motion and second under discussion and under discussion in case you didn't know our assistant city attorney Did have an accident and this is to kind of fill the void until he is back into office. Thank you Thank you. Is there any other discussion on the motion? Seeing none will the clerk please call the roll for passage 11 eyes and one abstention Motion passes items 5.2 and 5.3 will lie over To the next council meeting and items 5.4 through 5.6 will be referred to the public works committee under reports of committees 6.1 is an rc by law and licensing to humors referred our own number 202 of 1415 submitting various license applications And recommend that the beverage operators license application 0 6 39 be denied based on her failure to accurate reveal all relevant convictions on her application Her record of violations related to the licensed activity her record is a repeat law Violator in her failure to cooperate with the committee alderman van der wil. Thank you. I move the rc be accepted and adopted second Is heather henning here this evening? She's not we did invite her to two meetings and she did not show for either of them Okay Is there any other discussion on the motion? Seeing none will the clerk please call the roll Motion passes item 6.2 is an rc by law and licensing to whom was referred our own number 214 of 1415 submitting various license applications Recommend that the taxi cab drivers license number seven four three zero be denied denied based on his failure to accurately reveal All relevant convictions on his application his record of violations related to the licensed activity His record is a repeat law Violator and his failure to cooperate with the committee alderman van der wil. Thank you. I move the rc be accepted and adopted Second thank you for that motion and support under discussion. Is randy duran here this evening He is not again. We invited him to two meetings and he did not show for either Is there any other discussion on the motion? Seeing none will the clerk please call the roll 12 eyes Motion passes Item 6.3 is an rc by salary and grievances to whom was referred general ordinance number 42 of 1415 By alderman donahue amending the municipal code is to add the maywood environmental park director in the public works department And amend the maywood naturalist position on the table of organization And recommends that the attached substitute ordinance be passed alderman donahue. Thank you mayor I would move that we accept and adopt and pass the substitute ordinance Thank you for that motion and support. Is there any discussion on the motion? Seeing none will the clerk please call the roll for passage 12 eyes motion passes Next we'll go on to ordinances Orden Item 7.1 and 7.2 will be referred to the city planning commission And moving on to matters laid over 8.1 is resolution number 142 of 1415 by alderman hammond bellinger carlson Cough Authorizing the transfer of appropriations in the 2015 budget to establish an appropriation for south 32nd street paving and storm sewer Beach outfalls engineering alderman carlson. Thank mr. Mayor. I move that the resolution be put upon its passage second Thank you for that motion and support. Is there any further discussion on this motion? Seeing none will the clerk please call the roll 12 eyes Motion passes next to move on to other matters city attorney At 9.2 is an aroh by the city clerk submitting various license applications for the period ending december 31 2015 and june 30 2016 That'll be referred to the law and licensing committee Maintain the motion to adjourn so moved second it's been moved in second to adjourn All those in favor, please signify by saying aye. Aye We stand adjourned. Thank you very much


What's up everyone takedown here welcome back to the channel today I'm giving my thoughts and predictions on money in the bank 2018 I'm really excited as usual. I have all the match cards right in front of me So let's just get right to my predictions. So up first. We have Daniel Bryan versus Big Cass I've always been a fan of Daniel Bryan. I'm really happy. He's back in ring But I'm really happy that WWE is finally pushing Big Cass especially in the single competition I really think he'd be a universal champion down the line maybe in a couple months I think that'd be really interesting for this match. I honestly don't see it ending after this Pay-per-view. I think the map of the rivalry is going to be continuing a little bit longer But I think Daniel Bryan will win the rivalry in the end. So I think this match is going to go to Big Cass I think that do a little bit well for his career going forward If you can get a win on Daniel Bryan in this match out of pay-per-view I think it'd be really amazing. So that is my prediction for this match up next We have the intercontinental championship match Seth Rollins trying to retain it against Elias. I'll be honest I'm not really a fan of Elias. I do like some of the stuff He does in the ring, but I'm more of a fan of Seth Rollins, and that's what I think is going to win I think Seth Rollins is going to retain the intercontinental championship Hopefully that is what happens. I would love to see that Up next we have Bobby Lashley versus Sami Zayn Honestly, I'm really happy that Bobby Lashley is finally back in the WWE But I would really like to see him go against bigger guys. I think that is more his style He his strength would show way more, but He's going against Sami Zayn Honestly, I think Sami Zayn is going to get squished I think in the match Sami Zayn might push him back a little bit more He might show some shocking moments some surprises, but I don't see Sami Zayn winning this match I think Bobby Lashley is going to win and months down the line Hopefully SummerSlam, that's my prediction right now Bobby Lashley versus Brock Lesnar and Universal Championship WWE make it happen I really want to see that, but next up we have the SmackDown tag team championship match the bludgeon brothers versus Luke Gallows and Carl Anderson Honestly, I'd love to see the club win the championship because then AJ Styles and the club would have championships And I could see a reform of the the club with AJ Styles I think that'd be really interesting to see But honestly, I don't think it's their time. I think they are gonna win the championship eventually Just not yet. I do like that Luke Harper as a champion. I'm not really sold on Eric Rowan I've never really been into Eric Rowan's Concept his whole gimmick, but I do love Luke Harper and I do love them together I think the bludgeon brothers are going to retain. That is my official prediction Moving on we have Roman Reigns versus Jinder Mahal I'll be honest back about a year ago when Mahal was the WWE champion. I was not a fan of that at all I really wish he went for the United States Championship first I think whenever he returned he just had a really big push really fast And then he kind of burnt out for a couple months until he became the United States champion started going for that title again You're really interesting to see if he can win right now. I'm a fan of him in a way Surprising enough right now. I'm a fan of Jinder Mahal. I do like Roman Reigns I will be honest, but I think this match is gonna go to Jinder Mahal and Jinder Mahal might get a shot for the Intercontinental championship in the near future. I think he would hold that title a lot better than a major title right now I think he should work his way up to the Universal Championship I think that'd be the route he should go but that is my official prediction Jinder Mahal is gonna win this match next up Smackdown women's championship match Carmella trying to retain against Asuka Honestly, I think Carmella might have some tricks up her sleeve. I think she's gonna try something I think that might be the only way she will win this match But I don't see it happening in the way that I would once think so I'm gonna say Asuka is gonna win this match Surprisingly enough that is my prediction. I do love that Camarillo was the champion I do love that she won the title, but I think that Asuka is gonna win it I think that'd be great for her career I wish Carmella could win it or hold it a little bit longer But if she's going against Asuka, Asuka is gonna win. That's my prediction right now Next up we have Nia Jax versus Rhonda Rousey. I love that Rhonda Rousey is in WWE I kind of see WWE Putting her in the role of the female Brock Lesnar. The only difference is she is gonna be active She's gonna be weekly and she's gonna be doing a lot more appearance It's not just gonna be periodically. It's not gonna be once in a while. We'll see her if she holds the championship She's gonna be defending it quite a bit and that's something I think is gonna be really impressive If WWE does have her like a female Brock Lesnar in this match Nia Jack is pretty big But I want to say Rhonda Rousey is gonna win. It's Rhonda Rousey. She gets a shot for a championship in this match She's probably gonna win that is my prediction right now next up WWE Champion AJ Styles versus Nakamura I'll be honest with you guys the last two matches since WrestleMania pay-per-view matches. I have lost in my predictions I never got my predictions right because I was always predicting Nakamura because I would have loved to see him now That he's a hardcore heel in a way Honestly, I don't think AJ Styles is gonna win this match because if Nakamura lost last two I think this time he's gonna win the championship. I think that's the way it's gonna be I don't necessarily think it's gonna be the end of the rivalry. I do think that the rivalry will continue But I think Nakamura is gonna win the championship right now at Money in the Bank. That'd be really interesting I'd be really happy to see that him finally be the WWE Champion I would like to see him go for the United States Championship and hold that title before Maybe whenever he got brought up from NXT that'd be interesting if you went for that first But it is an accomplishment if he does get it I think he will get the WWE Championship at Money in the Bank. That's my prediction right there And then finally to Money in the Bank matches at Money in the Bank, of course We have first up. I'm gonna talk about the guys Money in the Bank. So first we have We have a 10-man Money in the Bank this year Which is something I wasn't really expecting and I'm happy about it But it is really gonna be shopping and hopefully they can pull together a really great match But whenever there's a lot of guys it could get a little bit confusing at times But Smojo, Kevin Owens, Bobby Roode, Braun Strowman, The Miz, Rusev, Finn Balor, and the three members of New Day Kofi Kingston, Big E, and Xavier Woods Honestly, I could see New Day Hopefully Kofi Kingston, if one of the New Day members win it, I'd like to see Kofi Kingston I think it's something he could earn and he would have It'd be a huge accomplishment for him He's been in the company for years, held many titles, and that's just something he never got to go for as a major title I think it'd be really interesting if he won Money in the Bank But New Day has a numbered advantage. There's three members in the match out of a 10-man match They have a numbers game right now they could pull But I don't think they're gonna win I would love to see the Miz win. That'd be really interesting I know he won the Money in the Bank years ago, but now he's at the point in his career I think he could do really well as a WWE champion And I think he deserves the spot He's a top tier wrestler in my opinion and I think he could hold that position if he could win this match I think it'd be cool if Kevin Owens won it. I wouldn't be mad. Bobby Roode won it. I wouldn't be mad Honestly, I wouldn't be mad if anybody that is in this match won and that usually doesn't happen with Money in the Bank Usually there's a couple people I would not want to win the match, but this year I'd be happy whoever won, but my prediction is I think it's gonna be a big guy I'd love to see Rusev win it honestly, but I think it's gonna be Braun Strowman I'm not really sold on if it is sold if it is gonna be Strowman because in my opinion I think he'd get a shot on his own for the Universal Championship Whether he held the Money in the Bank or not So I think it should be somebody who it would be trickier for them to get a spot for the major title of their brands Maybe somebody like Kevin Owens or Bobby Roode because they get it right away Not saying that they don't deserve a spot for that championship But they will down the line but Strowman somebody that will probably get a shot in the near future. Anyways, once again I think he's gonna win this match, but I don't think he should I think it should be somebody that it'd be Harder for them to win the major title at this point right now But that is my prediction Strowman's gonna win. I'm not a fan of it But that is the prediction I'm giving right now and last up we have the woman's Money in the Bank match Sasha Banks, Naomi, Becky Lynch, Ember Moon, Charlotte, Alexa Bliss, Natalya and Lana Honestly, this is gonna be an amazing match. I do like this match But there is some of the superstars that I would not like to see win it. Charlotte. I'm not a fan of Charlotte Becky Lynch. I'm a fan of but I just don't see her winning this match Lana I really don't want Lana to win the match Natalya would be an interesting pick Of course, I do love picking the Canadians when I make my predictions, but Natalya I don't see her being in the WWE much longer. She's been around for years I think she's gonna be a future Hall of Famer as well But my prediction, I think it's either gonna be Ember Moon or Alexa Bliss Ember Moon because she's recently up from NXT I could see WWE pushing her having her win this and then eventually winning the championship I could see if Asuka wins the championship. She could cash in on her. That would be something interesting I know they're different brands that's not going to happen, but that would be interesting to see But I really want Alexa Bliss to win. I think that would just elevate her even more She's held the Smackdown women's championship. She's held the Raw women's championship I think it'd be really awesome if she could win the Money in the Bank and say that she's held that as well Something a lot of the females can't say they've done because they've only done it in recent years I do love what they're doing with the female wrestlers as well But this is my predictions for Money in the Bank comment down below your predictions Let me see if they are gonna be right Hopefully I can get a lot of these right because I love when that happens and I'll see you guys in the next video Like I said comment down below. Let me know your predictions. Please leave a like if you guys do like this and peace


Aloha, everyone, and welcome to another episode of Living Legend Lawyers. This is a program that is featuring the very best and most experienced of Hawaii's lawyers, profiles of the attorneys, and it's a half an hour interview. I am Howard Luke. I'll be your host this afternoon. I am so honored, so honored to have, as my guest this afternoon, Sherri Broder. Many of you may know her name. Many of you may know her personally. She certainly has been at the pinnacle of our profession, has practiced law for over 40 years, and so, Sherri, I'd like to welcome you to the program. Aloha, Howard, it's a pleasure to be on the show with you. Okay. Now, thanks. Well, we're friends, right? We are friends. Yes. And it's also good to see friends again. I know it's been a while because we both have our busy lives. Yes. All right. Now, Sherri has represented clients in the state of Hawaii for over 40 years, but that's not the end of the story. She has represented clients in the state courts in California, New York, other states, as well as far and wide throughout the world, in Singapore, in Switzerland, in the Philippines, and to cover all bases, I won't go through every country, but I will say also as a consultant for the United Nations. Is that correct? I was a consultant for the Small Island Pacific Nations at the United Nations, and I've also been a consultant to the Federated States of Micronesia to that permanent mission to the United Nations. Great. Sherri and I have something in common. We both spent a lot of time in Micronesia, but this show is not about me, although we may touch on some of our mutual experiences. I will say that her contributions to the practice of law and especially to justice for the underserved as well as for people who have been marginalized, have been victims of human trafficking, has been so extensive that I could just sit here for the next half hour and just read off her resume, and she wouldn't have to say anything. But we're not going to do that. I will refer our viewers to an interview that you had, I think it's about three and a half years ago in February of 2015 with Jay Fidel of ThinkTech. It was called Life in the Law, I believe. And that program, it was a wonderful program. I hesitate to invite our watcher viewers to Google it and look up that interview because I think my performance here, as the host will pale by comparison, it was a wonderful interview recounting all the great accomplishments of Ms. Broder over the years. So we won't do that. I will start from where Mr. Fidel, not where he left off, but will supplement what he questioned you about. There are many great cases that I think makes that show worthwhile and you are involved with the Heptachlor case, which is, of course, everyone of my generation knows about it. It took place in the 1980s, I believe, where a very ingenious cause of action, contract action against milk producers who were found to have violated the contract, I believe, by the introduction of Heptachlor, which is a pesticide, into the milk of dairy cattle. That in itself could take the rest of the show, we won't talk about that. And even more, even more notorious or prominent among your achievements is the verdict against the former president of the Philippines, Ferdinand Marcos, where you and your co-counsel received an award from a federal jury here in the United States District Court in the state of Hawaii by visiting Judge Breziding. And the verdict awarded the plaintiff class $2 billion, I believe, give or take a few million. No give or take. It was $2 billion. It was the $2 billion verdict. It sounds like a lot of money, and it is, but I would have everyone understand that the impetus for doing that case was really the difficulties that the plaintiff class suffered. Well documented and brought up in the trial. The money was actually secondary because I think it took some time to collect any amount of it, and yet you persisted, and for that I congratulate you and your co-counsel. Oh, thank you. Well, we worked very hard to collect money, and we did eventually collect about $28 million. We did do two distributions in the Philippines, of course. Most of our clients were on the impoverished side because it was easier to abuse them without any consequences, and we are still working on collecting more money. We have $40 million in New York that we're fighting over in both federal and state court. That case was decided here in Hawaii, and the judge here did award the $40 million to us, but that case went all the way to the U.S. Supreme Court, and the Philippine government took the position that our case was interfering with foreign relations of the United States of America, and so then the State Department also filed a brief supporting the position of the government of the Philippines, and so Chief Justice Roberts wrote an opinion setting aside the award of the $40 million to us, but not giving it to the Philippines, and then giving them an opportunity, time to bring their case to recover the monies, but they didn't, so then now we're in New York fighting over that money again, and we're also fighting over $26 million in federal court in New York over paintings that have been found. When Fernand Marcos was overthrown, a big truck came up to Imelda's townhouse on the Upper West Side of New York City, and they unloaded everything that was in the house, and where did it go from? She had Monet paintings and all kinds of very expensive famous paintings, so we're fighting over those funds, those paintings, who do those belong to, and how will the money be divided up? That's amazing. You could create your own museum. That's only said partially, but it's really tongue-in-cheek because it sounds like there were some, from what I understand, some pretty fabulous artworks that could have ended up in the Louvre, for example. Oh, yes. Well, one of them, the Monet water lilies painting sold for $40 million. She had that. Well, she had one of them. There's many of them, but that's like a discounted price because people weren't sure of the provenance of it, which is a big thing today in the world. So there's more paintings of other very famous artists. So has the continued litigation caused you to travel? Do you have to go to New York? Do you have to go to D.C., or do you travel, or do you have other people doing that for you? Well, one of my co-councils is located in Philadelphia, and we also have co-council in New York, so I have traveled to those locations, but it depends on the kind of hearing it is. And because, well, some of the cases is, some of the Merrill Lynch deposit cases in state court, but the artwork cases are in federal court. Because the way we found out about it is they sold the Monet painting, and they didn't pay taxes. So it was actually the taxing authorities that brought it to the attention of people that they had these paintings. So for that, today in federal court, most federal courts are very technologically savvy, and you can easily appear by telephone. Sometimes they have video conferencing facilities, and the judges are very generous in terms of allowing you to work that way. That's great. Well, so it's an IRS manifesto, like Al Capone Redox, right? Yeah, get to be careful whether you're taxing. Okay, well, you know, at some point I want to weave into our interview this afternoon, your wonderful life story with your incredibly wonderful husband, John Van Dyke. He was an international lawyer well known throughout not just Hawaii, and not just throughout the nation, but through the world. He had so many people who considered him their mentor in South Korea, in other countries. Certainly, he stood at the vanguard in the law of the sea and international law. And of course, I'm sorry that he suffered an untimely death, but you carry on his work. You're a director of the John Van Dyke Institute of International Justice, I believe. Is that right? It's the John Van Dyke Institute of International Law and Justice, but I find that people can't remember the whole name, so I've shortened it to John Van Dyke Institute. But the focus is international because, of course, John, you know, also taught constitutional law, and he was very active in that area. I wrote a book on juries, you know, on our first date. He said to me, what have you been doing? I said, oh, I've been backpacking in the Sierras, camping out and everything. So what have you been doing?  But the institute concentrates on international law issues and human rights. Both you and John have so many great publications. I think your husband, of course, could write like the way that most of people would be writing up their shopping lists at Costco. He'd sit down and write a great treatise on international law. And I've read some of his work, a spectacular writer, both not only in the content, but also in the manner in which he wrote about the subjects that were in his interest at the time. You know, Sherry has practiced alongside or with so many attorneys of great note, including mentioned in the last interview you had with Charles Gary, I think the older generation of attorneys remember that he was among, if not the preeminent criminal lawyer in the 60s and 70s, and you worked alongside of him. Again, that was amply covered by the interview with Mr. Fidel. But you also worked with other people. You worked with the current Chief Justice of the United States Supreme Court, John Roberts. Is that right? That is right. Tell us about that. Okay, well, you know, for many years I've done work for the Office of Foreign Affairs. In fact, for my entire professional career, I've done work for native Hawaiian people. And we brought a case that we believed because of the apology resolution where the U.S. Congress apologized for the illegal overthrow and the taking of the lands of the Hawaiian people and their sovereignty without their consent and without compensation. We thought, well, you know, it's time for a big settlement of native Hawaiian claims. And what we wanted to do was to try to do something similar to what had been done in Alaska. In Alaska, the Secretary of the Interior at the time, Udall, this was in the late 60s. They were claims by the native Alaskans to land that were unresolved. And so he put a moratorium on the sale of any lands in Alaska until the claims of the native Alaskans were resolved. Of course, in Alaska, the oil companies were very eager to start drilling. And they didn't like this moratorium on the sale of land because they wanted to buy lands, you know, and start drilling. So they went to Congress and got, you know, the Native Alaskan Claims Act passed in order to release the moratorium. So we sued for a moratorium here based on the apology resolution that the lands were taken without compensation and without consent, thinking that this would lead to, you know, some pressure to resolve some of the claims of the native Hawaiian people. We will continue with this after our break. Okay. This is fascinating. Okay. This is Think Tech Hawaii, raising public awareness. You can be the greatest. You can be the best. You can be the king. Come play and now your chest. You can be the world. You can be the war. You could talk to God. My name is Mark Shklav. I am the host of Think Tech Hawaii's Law Across the Sea. Law Across the Sea is on Think Tech Hawaii every other Monday at 11 a.m. Please join me where my guests talk about law topics and ideas and music and Hawaii Anna all across the sea from Hawaii and back again. Aloha. Welcome back. And we're with Sherry Broder, who is our guest today. Very honored to have her here. I think one of the things that people are quite interested in when they view cases that they may or may not be aware of is not only the content of the cases, but the character of the individuals with whom you may have worked. For example, I don't know if this is too much information, but did you get along with, how was John Roberts, our Supreme Court Justice? I'll tell you why I'm asking that. As a Chief Justice, of course, he is at the very top, the apex of the ivory tower. That doesn't mean that he's not a human being, but he certainly was more accessible, I think, when he was co-counseling with you. Well, he was actually a very nice person to work with. You know, those people that make it to that level of the law practice where they are what you call Supreme Court practitioners, US Supreme Court practitioners, I've had the opportunity to work with a few of them, and they've all had the absolute best manners, been very gracious in all respects, and I enjoyed working with John Roberts a lot.  So I enjoyed working with him quite a bit, actually. He was a Solicitor General at the time? No, he was not. He did become a Circuit Court Judge first, and then he became a US Supreme Court Justice, but he, let me just tell you, when we got, we took the break, I didn't get a chance to tell you the end of the, what the case is about, because it's such a fascinating case. Okay, so we went and saw the moratorium on the sale of any lands from the public land trust here in Hawaii, because of course, you know, most of the state lands are lands from the Hawaiian Kingdom that were taken by the provisional government and then after the illegal overthrow, and then given to the territory, and then the territory it gave it to the state at the time of admissions. And so we were seeking this moratorium, and we did get a unanimous decision from the Hawaii Supreme Court upholding a moratorium and looking to many statements made by the Hawaii State Legislature and by the governors in terms of their commitment to the first people of our lands to talk about, you know, some reconciliation and resolution of the claims of the native Hawaiian people. So we did have a unanimous decision, but one thing that I learned when CERT was granted was that, okay, when CERT is granted, you're in trouble. CERT being granted means the case goes from a federal appellate court or a state court to the United States Supreme Court. Well, there is a direct appeal for a state from a decision of a state Supreme Court to the United States Supreme Court. There's a direct appeal, just in that very limited circumstance. And so, you know, we were advised strongly that you've got to get somebody who regularly practices before the court. Before the U.S. Supreme Court. You know, you have worked with so many attorneys whose names I know of, whose work I may or may not be somewhat familiar with, including an individual who was portrayed by John Travolta in a movie, a civil action, I believe, Jan Schlichman, also with a deputy solicitor general for President Obama. Is that right? Yes, I worked with Neil Katyal and I worked with him on another case involving the rights and entitlements of Native Hawaiians. That was State of Hawaiians versus OHA? That was... Okay, you know what? I've got to back up. The case that I worked on with John Roberts was rights versus kaitano. Right. That was the 15th Amendment case. The case I just described, I worked on with Neil Katyal. I'm sorry. Yeah, that's okay. That was the case, the state against OHA. State v. OHA. So that's when I worked on with Neil Katyal. But I just worked with him during the cert petition. You know, aside from working with attorneys and bringing cases in courts, you've also worked as an arbitrator. Now, the direction of the law, at least in Hawai'i and in most of our states now, is to move away from actual trials by combat in the courts to mediation arbitration. And you served...  I was a court-appointed court arbitrator, but you were an international arbitrator. And you still are. Yes, I am. What is that all about? Well, I had this one very interesting case where, you know, I think because I do teach international law and international ocean law at the law school, I was picked for this particular case. And it was the case where Taiwanese tuna fishing vessel went aground in a remote, atoll, Europek in the state of Yap in the federated states of Micronesia. And it was really an insurance dispute. You know, how much was Lloyd's of London going to pay? And of course, Lloyd's of London's been doing insurance policies for the maritime industry for the last 150 years. So they got a pretty tight policy that sewn up. So the Lloyd's of London pick Sir David Steele, who's a barrister, an English barrister in London, and he regularly gets picked by Lloyd's of London for these kinds of disputes. And I was chosen by the people of Europek. And the very interesting thing, we had to go according to the insurance contract which says that you have to use the 1996 Arbitration Act of England and Wales. And the unusual thing in the contract was that there were only two arbitrators. So what happens if you don't agree? And the way it worked was... So you were one of the two? I was one of the two. And who was the other? He was Sir David Steele. Did he have to have a white wig? We would meet once in a while by Skype, and he would be, yeah. He would be in a full regalia. He would be all ready to go. Did you have to dress like that, too? I don't have any wigs. Yeah, anyways. All right. I'm sorry. Yeah. Yeah, so the way it worked was, when you issue a judgment or an order, the parties can't get it until they pay your bill up to that point. So if you don't agree and you don't issue an order, then you don't get paid. So we did issue one order, which we agreed on, but then when we got to the second order, we didn't agree. So the rules did provide a provision to pick a third arbitrator, but the other two parties had to... We could pick that person, but the other two parties first had to agree to go outside the insurance contract. There's no penalty kick, like in soccer. You're tired, right? No. Yeah. Gotta pick a third. But the parties wouldn't agree to the third arbitrator. So what's happened? Well, the case was going on simultaneously in the courts of the FSM and also then it ended up going on in the courts of Guam and it became a big logistical legal nightmare, you know, those procedures. No. In the end, the parties settled and then we got paid. Good. Good to hear that. Yeah. Okay, you know, I know you had a sterling career as a student. You went to Wellesley College. You were the top 10% at the University of California School of Law, and one of the things that is quite impressive for all of our listeners, our viewers, is the fact that you were the first woman president of the Hawaii State Bar Association. That was in 1993, wasn't it? It was. And I remember that, we actually spoke back then and, you know, you took a lot of thought in your part, a lot of considerations. So can you talk about how you arrived at you signed to throw your hat in the ring and winning? Well, you know, I had run before to be treasurer and after I got elected, Bill McCorstin had been involved in counting the votes and so he called me up and said, you got to run for president, you know, I know you can win. And so that sort of was the seed of the thought. I thought about it a little bit, but actually Helen Gilmore had run before me and she always jokes with me and says, you know, I, Sherry, you got to be president of the Bar, but I always tell her, hey, being a federal district court judge is a good consolation price. Senior United States district judge is not a bad gig. So, you know, you mentioned about your advocacy for Native Hawaiians. And no, I do know, and I think it's quite impressive that only three years out of law school and being in Hawaii, you became chief deputy attorney for the constitutional convention assigned to Hawaiian affairs. Right. How did you manage that with so little experience and being from, you know, a very distant state, state of Maine? Well, you know, I had worked for Jim Funaki at the house of the Hawaii State Legislature and we got along quite well and he was asked to be the chief attorney and he asked me to be the deputy chief attorney and I think the way I ended up with the Hawaiian Affairs Committee was that I thought it sounded like super exciting, that would be a great thing to do and I think that other the other lawyers thought maybe judiciary or legislature. Well, we're glad you did that. I'd like to hear more and you've managed to be counsel for OHA in many capacities, but we only have a little bit of time I've been told, so I'd like to ask you this. You know, I had Lole Chun-Hun and Eric Seitz on the show in the past and they emphasized that despite all the indications of younger lawyers, some of them, and even lawyers of, and maybe more so, lawyers of our generation having some difficulty in adjusting to some of the developments most recently in terms of the access to justice for the poor for the downtrodden. What words of wisdom if any could you tell our younger lawyers and tell me about that? Well, you know being a lawyer is a privilege and you can go to court and you can ask a judge to administer justice. That's a fantastic thing and I think as we look around today and we see so many homeless people we see how difficult it is to live in Hawaii how expensive it is we see many unfair things going on we see poor people being the subject of human trafficking we see pharmaceutical companies selling drugs that make people addicted and can cause them to die you know we have an epidemic of bad things happening and the courts can be a place to go to for relief and so I think today more than ever is a time for people to go study law, become lawyers and reach out to our community to help make our community a better place. You know Sherry Broder has sort of lived the dream that many young attorneys have to make a significant contribution to society to our local communities and to a larger community in her case to the world. Ms. Broder has spent decades now completely committed to achieving justice she's been basically a sole practitioner she shows you how someone can get together with other attorneys of mutual interest and achieve what is really the mission stage of the Hawaii State Bar Association which is to promote justice and ensure that everyone who is underserved can achieve some measure of justice in this world gosh I'm starting to get warmed up but it's wonderful to have you here we're going to talk after we go off the air alright and I'll see you at the bar dinner that's the Hawaii State Bar Association August 11th and it's a fundraiser and it's a fundraiser for poor people and projects where lawyers serve the poor I couldn't have said it better thank you so much everyone for joining us on this show of Living Legend Law is our guest Sherry Broder thank you so much