00001 1 2 CITY OF MILWAUKEE 3 LICENSES COMMITTEE 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * 5 In the Matter of the Application for A food license of:: 6 BILLY HILL 7 6715 West Villard Avenue 8 * * * * * * * * * * * * * * * * * * * * * * * * * * * 9 COMMITTEE MEMBERS 10 ALD. JAMES WITKOWIAK - Chair 11 ALD. JAMES BOHL, JR., - Vice-Chairman ALD. JOSEPH A. DUDZIK 12 ALD. ROBERT PUENTE ALD. WILLIE WADE 13 LICENSING DIVISION by REBECCA BARRON 14 NEIGHBORHOOD SERVICES by PANDORA BENDER HEALTH DEPARTMENT by PAUL ZEMKE 15 POLICE DEPARTMENT by SERGAENT CHESTER ULICKEY OFFICE OF THE CITY ATTORNEY by ATTORNEY BRUCE SCHRIMPF 16 17 18 Proceedings had and testimony given in 19 the above-entitled matter, before the LICENSES 20 COMMITTEE OF THE CITY OF MILWAUKEE, on 21 the 30th day of October, 2006. 22 23 00002 1 P R O C E E D I N G S 2 CHAIRMAN WITKOWIAK: File number 3 060818, a motion relating to the application for 4 a food license of Billy Hill at 6715 West Villard 5 Avenue. Is Mr. Hill available? 6 Could you raise your right hand, so we 7 can swear you in, please? 8 (Whereupon the applicant was sworn.) 9 THE WITNESS: And your name and address 10 for the record, please? 11 THE APPLICANT: Billy Hill, 6715 West 12 Villard Avenue. 13 CHAIRMAN WITKOWIAK: Let the record 14 show Alderman Davis appears in this matter, also. 15 Mr. Hill, do you acknowledge receipt of a letter 16 and police report noting that your application 17 for a food dealer's license at 6715 West Villard 18 Avenue, The Sweet Shop, may be denied based on 19 objection from the local alderman. 20 THE APPLICANT: Yes. 21 CHAIRMAN WITKOWIAK: And, Sergeant 22 Ulickey, the police report, please? 23 SERGEANT ULICKEY: The applicant is on 24 probation for possession of controlled substance 25 marijuana until the year 2012. 00003 1 CHAIRMAN WITKOWIAK: Thank you. Mr. 2 Hill, do you have any questions of the police - - 3 the police report? 4 THE APPLICANT: No. I just have a 5 letter from my probation officer. 6 CHAIRMAN WITKOWIAK: A letter from your 7 probation officer. Would you like to submit that 8 to the committee, and do you need a copy of that 9 or - - We can keep that? Okay. Thank you. And 10 Alder - - Alderman Puente moves to make the 11 police report part of the record in this hearing, 12 and he also wishes to make the letter from the 13 State of Wisconsin Department of Corrections part 14 of the permanent record in this matter. Hearing 15 no objections, so ordered. 16 This letter is brief, so I will read 17 it. Dated October 27, 2006, To Whom It May 18 Concern. "This letter is being written in regard 19 to the supervision adjustment of Billy D. Hill, 20 who is currently on parole supervision with the 21 State of Wisconsin Department of Corrections as 22 an interstate compact case from Texas. To date, 23 Mr. Hill has been compliant with terms and 24 conditions of his supervision. Has been 25 cooperative with all requests made by the 00004 1 Department of Corrections. Mr. Hill has not been 2 involved in any illegal activities while under 3 the jurisdiction of this department. Has not 4 served any time in custody as a result of any 5 inappropriate or criminal behavior. He appears 6 to be doing well on supervision, and should have 7 no problems reaching a successful discharge with 8 supervision. If you have any additional 9 questions," and it's signed. All right, Mr. 10 Hill, why are you applying for this license? 11 THE APPLICANT: To reopen up a candy 12 store, existing candy store. It was already 13 there before. 14 CHAIRMAN WITKOWIAK: Just pull that mic 15 just a little closer to yourself. Are - - Are 16 you operating the store right now? 17 THE APPLICANT: No, it's not - - it's 18 not open now. It's been closed since August 19 25th. 20 CHAIRMAN WITKOWIAK: Okay. So you have 21 a potential lease, but it's based on your 22 receiving this license. 23 THE APPLICANT: Yes. 24 CHAIRMAN WITKOWIAK: What kind of items 25 do you want to sell there? 00005 1 THE APPLICANT: Just candy, soda and 2 chips, and nachos and salsa. 3 CHAIRMAN WITKOWIAK: Sounds like the 4 perfect diet these days. Everybody's selling 5 candy, soda and chips. If you got up early this 6 morning, you should have watched the CNN new 7 report on transfats. 8 ALDERMAN PUENTE: Kentucky Fried 9 Chicken's taking it out. Big announcement today. 10 CHAIRMAN WITKOWIAK: Yes. Okay. 11 Alderman Davis, your testimony, please. 12 ALDERMAN DAVIS: Thank you, Mr. 13 Chairman. Once again, I did have a block club 14 meeting in this specific area. I do have the 15 minutes of the block club meeting, and I'd like 16 to submit them as part of the record. I don't 17 know if they have been distributed, but I will 18 give you copies of the block club minutes, and 19 also, the block club - - and these are the 20 minutes from Mr. Hill, as he attended this 21 particular block club meeting, in regards to his 22 license. 23 CHAIRMAN WITKOWIAK: Mr. Hill, were you 24 at this meeting? 25 THE APPLICANT: Yes. 00006 1 CHAIRMAN WITKOWIAK: Have you seen 2 these minutes? 3 THE APPLICANT: No, I haven't. 4 CHAIRMAN WITKOWIAK: Do you want to 5 take a minute to review them and just let us know 6 if this is a representation of what transpired at 7 that meeting? 8 THE APPLICANT: Okay. 9 CHAIRMAN WITKOWIAK: Is that - - Mr. 10 Hill, is that a fair representation of what 11 transpired at that meeting? 12 THE APPLICANT: Yes. 13 CHAIRMAN WITKOWIAK: Alderman Bohl 14 moves to make the minutes of the meeting as 15 presented part of the permanent record in this 16 hearing. Hearing no objections, so ordered. 17 ALDERMAN DAVIS: Mr. Chairman? 18 CHAIRMAN WITKOWIAK: Alderman Davis. 19 ALDERMAN DAVIS: What's not included in 20 the minutes, though, is as Mr. Hill attended this 21 meeting was a disclosure that he was on 22 probation. And I know that a resident actually 23 asked had they ever been involved in any criminal 24 activity. And Mr. Hill did not disclose to the 25 residents in that area that he was on probation 00007 1 for distribution of cocaine. Now here's - - 2 Here's the - - the fundamental reason on why I'd 3 like to raise that, because this is the first 4 time I found out about it. The resounding 5 concern that the residents had in that area with 6 the specific traffic, not only to the - - to the 7 barbershop, but also in that specific area, and 8 this is - - this is a block away from Westlawn. 9 This is two - - two buildings away from a current 10 gas station that is selling not only chips, sodas 11 and everything else, is that the loitering that 12 is occurring at that particular barbershop. It 13 is extreme, and sometimes it cuts down the 14 traffic on Villard Avenue, as people come outside 15 to stand outside of this barbershop. And they 16 didn't know where the loitering was actually 17 coming from until they found out that the candy 18 store was actually operating at that specific 19 location. I contacted Mr. Hill, contacted the 20 owner of the property, which owns a day care. 21 This is right next door to a day care center. So 22 here I'm being concentrated and - - and I wanted 23 to make it very clear that this is an issue where 24 an alderman has to object based upon his 25 constituents in the area, a very organized 00008 1 constituency which is in that area. And not only 2 residents to the south, but residents to the 3 north of this particular establishment are 4 objecting to the granting of this license. 5 CHAIRMAN WITKOWIAK: Thank you. 6 MR. SCHRIMPF: Mr. Chairman. 7 CHAIRMAN WITKOWIAK: Mr. Schrimpf. 8 MR. SCHRIMPF: Alderman Davis, I just 9 want to - - Because I got a little confused by 10 your testimony. Is this location - - Are you 11 saying this location is currently operating or 12 not? 13 ALDERMAN DAVIS: This location was 14 operating. 15 MR. SCHRIMPF: It was operating, 16 selling candy and chips and soda and all that? 17 ALDERMAN DAVIS: Yes. 18 MR. SCHRIMPF: Okay. And it was doing 19 that without a license. 20 ALDERMAN DAVIS: Correct. 21 MR. SCHRIMPF: Is that correct, Mr. 22 Hill? 23 THE APPLICANT: The previous owner had 24 his license, his food dealer's license. 25 MR. SCHRIMPF: Well, the previous - - 00009 1 You're the - - You're buying it. 2 THE APPLICANT: Correct. 3 MR. SCHRIMPF: And you're applying for 4 the license. 5 THE APPLICANT: Right. 6 MR. SCHRIMPF: So you're not in 7 business right now. 8 THE APPLICANT: No. 9 MR. SCHRIMPF: Okay. Alderman Davis, 10 your point is that the previous location was the 11 source of this loitering? 12 ALDERMAN DAVIS: No, Mr. Hill was 13 operating out of that location. That's when I 14 contacted Mr. Hill, and the Health Department 15 contacted Mr. Hill to say you need a food 16 dealer's license? 17 MR. SCHRIMPF: Oh. Is that correct? 18 THE APPLICANT: August 25th, they came 19 and I closed down. 20 MR. SCHRIMPF: Okay. So you were 21 operating it. 22 THE APPLICANT: Yes. It was up under 23 the - - the previous owner's license. 24 MR. SCHRIMPF: Okay. Alderman, same 25 question with respect to the gas station on 68th 00010 1 and Villard. You said this is two doors away? 2 ALDERMAN DAVIS: Two doors away. 3 MR. SCHRIMPF: Okay. And they already 4 sell candy and chips and soda? 5 ALDERMAN DAVIS: That's correct. It's 6 a convenience store, gas station. 7 MR. SCHRIMPF: And is that accounting 8 for any of the loitering and littering, as well? 9 ALDERMAN DAVIS: No. 10 MR. SCHRIMPF: Oh, it's not? 11 ALDERMAN DAVIS: No. 12 MR. SCHRIMPF: You know that of your 13 own knowledge. 14 ALDERMAN DAVIS: I've - - I've stopped 15 and talked to the owner and - - and as I 16 established a fairly good relationship with the 17 gas stations in the area, the blockwatch 18 specifically in that area, I work with that 19 particular gas station owner to limit the amount 20 of loitering and traffic on those gas station 21 parking lots. 22 MR. SCHRIMPF: Okay. That's all I 23 have, Mr. Chairman. Thank you. 24 CHAIRMAN WITKOWIAK: Any other 25 questions by members of the committee? 00011 1 THE APPLICANT: Can I say something? 2 CHAIRMAN WITKOWIAK: Go ahead. I - - 3 You know, I - - I was a little confused, because 4 I thought I asked you that same question before. 5 THE APPLICANT: Okay. 6 CHAIRMAN WITKOWIAK: I asked if you 7 were - - if you were operating there. I suppose 8 I should have said, "Have you been operating 9 there in the past?" But go ahead. 10 THE APPLICANT: Mr. Davis said the 11 blockwatch people asked me was I on probation or 12 anything, and that question never occurred. It 13 never came up. And if they would have asked me, 14 I would have told them. And they make it so 15 obvious. All they had to do was call my 16 probation officer, which called me the next day 17 and let me know somebody had called her and let 18 them know like I was trying to open up a store. 19 So it wasn't no problem me trying to tell anybody 20 I was on probation - - probation. 21 CHAIRMAN WITKOWIAK: All right. Any 22 further questions by members of the committee? 23 Mr. Hill, anything you'd like to say in closing 24 before we have to rule on this? 25 THE APPLICANT: I just would like to 00012 1 say the loitering doesn't come from the candy 2 store. People come outside - - It's a barbershop 3 next door. People come outside to smoke 4 cigarettes. That's it. And go back inside. My 5 customers, they're too young to smoke cigarettes, 6 so they just come in and out. I have a "No 7 loitering" sign in front of the window. And the 8 litter just doesn't come from the barbershop or 9 the candy store I'm trying to open up. It comes 10 from everywhere. From the gas station. Across 11 the street. Down the street. That's all I have 12 to say. 13 CHAIRMAN WITKOWIAK: Thank you. And, 14 Alderman Davis? 15 ALDERMAN DAVIS: I won't belabor the 16 point. But I do want to make sure that I put 17 this on the record. Mr. Hill never disclosed to 18 me about his prior contact with the law, and 19 we've had numerous discussions. Matter of fact, 20 my legislative aide can tell you how many times 21 Mr. Hill has contacted my office without 22 disclosing that issue. And now I very much have 23 a concern. So I - - I will leave it at that. I 24 support the people who in - - in which, or the 25 residents in that area who are trying to make 00013 1 sure that they maintain a quality of life in the 2 area in which they living. 3 CHAIRMAN WITKOWIAK: Thank you. This 4 matter is in committee. 5 ALDERMAN WADE: Mr. Chair. 6 CHAIRMAN WITKOWIAK: Alderman Wade. 7 ALDERMAN WADE: This was - - Was this 8 noticed for people to come and speak on it? 9 CHAIRMAN WITKOWIAK: Ah, yes. Yeah. I 10 believe I asked. Let me ask again. We - - we 11 are not in committee. Is there anyone else here 12 to testify at 6715 West Villard Avenue? Is there 13 anyone else in the room here to testify relative 14 to the food dealer license for Billy Hill at 6715 15 West Villard Avenue? And let the record show 16 that no one acknowledges. This matter is in 17 committee. 18 ALDERMAN DUDZIK: Mr. Chair. 19 CHAIRMAN WITKOWIAK: Alderman Dudzik. 20 ALDERMAN DUDZIK: At this point in time 21 I move denial of this particular application, 22 based on neighborhood objections. Having a 23 previous life as a City employee, I had - - had 24 an opportunity to drive around many parts of the 25 city and - - and candy shops and those sort of 00014 1 things are quite prolific in - - in some 2 locations. Whether they're - - Whether they are 3 drug houses or drugstores or what have you, I'm 4 not 100 percent certain, but if the neighbors 5 want a vacant building on this particular street, 6 then - - rather than having a - - a candy store, 7 I - - I don't have a problem with that. I - - 8 Like I said, I - - I see a lot of these stores as 9 being sources of litter, and sources of loitering 10 and that sort of stuff. So based on the 11 neighborhood objections I would move denial of 12 this particular application. 13 CHAIRMAN WITKOWIAK: Motion by Alderman 14 Dudzik is to recommend denial based on testimony 15 and evidence presented here today. 16 ALDERMAN WADE: Mr. Chair. 17 CHAIRMAN WITKOWIAK: On the motion, 18 Alderman Wade. 19 ALDERMAN WADE: Just on the motion. 20 I'd like to hear from my colleague, "what 21 neighborhood objections." 22 ALDERMAN DUDZIK: I think that we have 23 a copy of minutes from a meeting that took place 24 regarding this matter. 25 ALDERMAN WADE: Well, maybe - - maybe 00015 1 Attorney Schrimpf can correct me on this, but to 2 me that would be considered hearsay unless they 3 were here in person to speak on what went on. 4 Maybe I'm wrong, and if I am wrong and that is 5 considered neighborhood test - - neighborhood 6 objections, I'd just like to be made clear on it, 7 because it's going to impact how I vote. 8 CHAIRMAN WITKOWIAK: Okay. Just - - 9 Just one second, Mr. Schrimpf. And the reason I 10 even accepted this was because Mr. Hill was 11 actually at that meeting. And then I asked him 12 to read it and see if that was a fair 13 representation of what transpired at the meeting. 14 ALDERMAN WADE: I have no problem with 15 you accepting it, but I just need to know from 16 the City - - the Assistant City Attorney, what's 17 the actual status of minutes from a neighborhood 18 meeting. Because then I can bring some minutes 19 in here from some of my neighborhood meetings and 20 have it be established as neighborhood 21 objections. I need to have that option, also. 22 So I just need to know what the legal 23 ramifications are - - 24 MR. SCHRIMPF: They are - - They are 25 hearsay. There's no question about that. 00016 1 ALDERMAN WADE: Could you say that 2 again? 3 MR. SCHRIMPF: They are hearsay. 4 ALDERMAN WADE: They are hearsay. So 5 as - - 6 CHAIRMAN WITKOWIAK: One more time. 7 MR. SCHRIMPF: They are hearsay. 8 CHAIRMAN WITKOWIAK: Thank you. 9 ALDERMAN WADE: So as we presently 10 stand, there are no neighborhood objections if no 11 one came forward and objected. Is that correct? 12 MR. SCHRIMPF: Well, that's not quite 13 right, because nobody objected and they were 14 received into the record. 15 ALDERMAN WADE: Okay. I just want to 16 make sure where I am on it. Okay. Thank you, 17 sir. 18 CHAIRMAN WITKOWIAK: Okay. Let me 19 restate my - - the motion here. The motion by 20 Alderman Dudzik is to recommend denial based on 21 evidence presented here today and testimony from 22 Alderman Davis. 23 ALDERMAN DAVIS: Just for the record. 24 I'm a neighbor in that area. This is the area in 25 which I live in. So you do have a neighborhood 00017 1 objection right here. 2 THE APPLICANT: Can I say something? I 3 also started up a petition from the neighborhood, 4 and I got like over 75 signatures. I don't know 5 if that's account for anything, but I got it 6 right here. 7 CHAIRMAN WITKOWIAK: Well, the problem 8 is those peo - - Yeah, those people would have 9 had to have been here to testify. 10 THE APPLICANT: Okay. 11 CHAIRMAN WITKOWIAK: The - - 12 ALDERMAN DUDZIK: Mr. Chairman. 13 CHAIRMAN WITKOWIAK: This matter is in 14 committee. Would - - Would you like to restate 15 your - - your - - 16 ALDERMAN BOHL: Mr. Chairman, I would 17 be happy to make and move that that particular 18 petition be made part of our official record, 19 proceedings in this. I think what's good for the 20 goose is good for the gander. Don't - - Don't 21 throw - - Don't throw one out at me and say that 22 it's acceptable, because I would just ask him, 23 were you the circulator of that petition or did 24 you see the signatures going on them? 25 THE APPLICANT: Yes. 00018 1 ALDERMAN BOHL: There you go. 2 CHAIRMAN WITKOWIAK: You actually met 3 with those people and - - 4 THE APPLICANT: Yes. 5 CHAIRMAN WITKOWIAK: - - they signed 6 for you? 7 ALDERMAN DUDZIK: Mr. Chairman, if I 8 can, I would - - I would - - I would restate - - 9 ALDERMAN BOHL: It's just - - 10 ALDERMAN DUDZIK: I would restate - - I 11 would be willing to re - - restate my objection. 12 CHAIRMAN WITKOWIAK: Let's - - We're 13 - - We're not in committee at this point. So 14 would you like to submit your petition, please? 15 ALDERMAN WADE: I want to be able to do 16 that. I want to be able to do that. I really 17 do. 18 ALDERMAN DUDZIK: Mr. Chairman. 19 ALDERMAN PUENTE: Is it lunch yet? 20 CHAIRMAN WITKOWIAK: The - - Alderman 21 Puente moves to order lunch. Alderman - - 22 Alderman Puente moves to accept the petition 23 submitted by Billy Hill, make it part of the 24 permanent record in this hearing. And hearing no 25 objections, so ordered. 00019 1 ALDERMAN WADE: Mr. Chair, I want to go 2 on record of objecting to both of them being 3 submitted. 4 ALDERMAN DUDZIK: I'll object. 5 ALDERMAN PUENTE: And I'll object, 6 also. 7 CHAIRMAN WITKOWIAK: So now that we've 8 accepted them, how do we remove them. 9 MR. SCHRIMPF: Well, I guess, Mr. 10 Chairman, the way out of this would be to 11 reconsider taking the minutes of the neighborhood 12 meeting and come to a vote on that, and 13 reconsider, if you've already accepted them, the 14 taking of the petition. 15 ALDERMAN BOHL: I would move 16 reconsideration - - I - - I would move 17 reconsideration on the minutes from the 18 neighborhood association. 19 CHAIRMAN WITKOWIAK: Motion by Alderman 20 Bohl is to reconsider accepting the minutes from 21 the neighborhood association meeting. We should 22 take a vote on that. 23 CITY CLERK: Alderman Bohl? 24 ALDERMAN BOHL: Aye. 25 CITY CLERK: Alderman Puente? 00020 1 ALDERMAN PUENTE: Just for 2 clarification, this is to accept the minutes? 3 MR. SCHRIMPF: No. 4 CHAIRMAN WITKOWIAK: No. This is - - 5 This is to reconsider. 6 MR. SCHRIMPF: Reconsider. 7 ALDERMAN PUENTE: Oh, yes. Aye. 8 CITY CLERK: Alderman Wade? 9 ALDERMAN WADE: Aye. 10 CITY CLERK: Alderman Dudzik? 11 ALDERMAN DUDZIK: Aye. 12 CITY CLERK: Mr. Chair. 13 CHAIRMAN WITKOWIAK: No. Prevails four 14 to one. Okay. Alderman Bohl. 15 ALDERMAN BOHL: I would move 16 reconsideration on - - I think it failed anyways, 17 but - - Were there - - Were there three votes 18 against - - 19 CHAIRMAN WITKOWIAK: Just - - Just in 20 case it didn't. Go ahead. 21 ALDERMAN BOHL: I would move 22 reconsideration on the petition that was 23 circulated by the applicant. 24 CHAIRMAN WITKOWIAK: Motion by Alderman 25 Bohl is to move for reconsideration of the ap - - 00021 1 of the petition circulated by the applicant, 2 Billy Hill, and let's take roll on that. 3 CITY CLERK: Alderman Bohl? 4 ALDERMAN BOHL: Aye. 5 CITY CLERK: Alderman Puente? 6 ALDERMAN PUENTE: No. 7 CITY CLERK: Alderman Wade? 8 ALDERMAN WADE: I'm confused on what 9 aye and no is. Clear that up for me. 10 CHAIRMAN WITKOWIAK: If - - If we're 11 going to reconsider. 12 ALDERMAN WADE: Oh, con - - reconsider 13 it. 14 CHAIRMAN WITKOWIAK: Yeah. 15 ALDERMAN WADE: Okay. Yeah. 16 Reconsider accepting it. I don't want either one 17 of them accepted, so what - - 18 CHAIRMAN WITKOWIAK: No, what - - we're 19 - - we got to - - we got to bring it back up. 20 ALDERMAN WADE: We got to reconsider it 21 first. 22 CHAIRMAN WITKOWIAK: We bring it back 23 out on the table first. Okay. 24 ALDERMAN WADE: Okay. We can bring it 25 back up. That's fine. Well, you know what? No, 00022 1 I don't even want to bring it back up. Now is 2 everybody confused like I am? Okay. Aye. 3 ALDERMAN PUENTE: He's saying we have 4 to. 5 MR. SCHRIMPF: If you want to 6 reconsider it, you have to bring it forward. 7 ALDERMAN WADE: Okay. That's what I 8 thought. 9 CHAIRMAN WITKOWIAK: If you want to 10 reconsider it and change our action. 11 MR. SCHRIMPF: Correct. 12 CHAIRMAN WITKOWIAK: You have to vote 13 yes. 14 MR. SCHRIMPF: Right. 15 CHAIRMAN WITKOWIAK: Okay. So let's 16 take the roll on that. 17 CITY CLERK: Alderman Bohl? 18 ALDERMAN BOHL: Aye. 19 CITY CLERK: Alderman Puente? 20 ALDERMAN PUENTE: What did I vote last 21 time? 22 CITY CLERK: No. 23 ALDERMAN PUENTE: No. Okay. 24 CITY CLERK: Alderman Wade? 25 ALDERMAN WADE: No. 00023 1 CITY CLERK: Alderman Dudzik? 2 ALDERMAN DUDZIK: Aye. 3 CITY CLERK: Mr. Chair. 4 CHAIRMAN WITKOWIAK: No. 5 CITY CLERK: Motion fails. Two to 6 three. 7 ALDERMAN DUDZIK: So we didn't accept 8 it. 9 MR. SCHRIMPF: No, no, no. That's only 10 for reconsideration. Then you have to reconsider 11 the decision. 12 ALDERMAN PUENTE: Mr. Chairman. 13 CHAIRMAN WITKOWIAK: Well, now - - now 14 we - - Now we're faced with the thing that we 15 don't have the minutes from the neighborhood 16 meeting, but we do have the petition as part of 17 the record. 18 MR. SCHRIMPF: That's correct. 19 ALDERMAN PUENTE: Oh, that's not what 20 - - Ah, no. We're going to have to reconsider 21 the reconsider - - 22 CHAIRMAN WITKOWIAK: All right. 23 Alderman Puente moves to reconsider the petition 24 submitted by - - by Billy Hill. Let's take a 25 roll call on that. 00024 1 ALDERMAN PUENTE: Now, where are we at 2 with this one? It's been accepted? 3 CHAIRMAN WITKOWIAK: It's - - It's in 4 the record right now. 5 ALDERMAN PUENTE: Okay. 6 CHAIRMAN WITKOWIAK: And you want to 7 reconsider it? 8 ALDERMAN PUENTE: Yes. 9 ALDERMAN WADE: A yes vote would be to 10 reconsider it, and then at that point it cannot 11 be in the record. 12 CHAIRMAN WITKOWIAK: You know what? 13 When we do this stuff, if you all would just sort 14 of - - 15 ALDERMAN PUENTE: We are. But it gets 16 confusing, Mr. Chair. I'm telling you. 17 CHAIRMAN WITKOWIAK: Okay. I'm doing 18 my best to unconfuse you. 19 ALDERMAN PUENTE: I know it. But don't 20 yell. I can see you. You're about to do it. 21 CHAIRMAN WITKOWIAK: Besides ordering 22 lunch, I want you to - - 23 ALDERMAN PUENTE: That's part of my 24 problem. Okay. This is for reconsideration 25 CHAIRMAN WITKOWIAK: This is for 00025 1 reconsidering the petition submitted by Billy 2 Hill. 3 CITY CLERK: Alderman Bohl? 4 ALDERMAN BOHL: Aye. 5 CITY CLERK: Alderman Puente? 6 ALDERMAN PUENTE: Aye. 7 CITY CLERK: Alderman Wade? 8 ALDERMAN WADE: Aye. 9 CITY CLERK: Alderman Dudzik? 10 ALDERMAN DUDZIK: Aye. 11 CITY CLERK: Mr. Chair. 12 CHAIRMAN WITKOWIAK: No. That's 13 consistent with the last vote. I appreciate 14 that. 15 Okay. Does anyone wish to at this 16 point have these items submitted as part of the 17 permanent record in this hearing? 18 ALDERMAN DAVIS: Mr. Chairman, if I 19 may. 20 CHAIRMAN WITKOWIAK: Alderman Davis. 21 ALDERMAN DAVIS: On the petition, that 22 petition was actually presented to the 23 neighborhood group. If you take a look at the 24 people who are on that petition, they are not 25 affected by this particular candy store. These 00026 1 particular addresses are not - - They are support 2 from well over two, three miles away. And Mr. 3 Hill un - - under oath had testified that he did 4 attend that specific block club meeting. So I 5 have no reason to not represent the community in 6 which I've been duly elected by. But the 7 petition, it was raised at that particular 8 meeting, specifically by two or three 9 individuals, on the validity of the signatures, 10 because the signatures did - - did not - - were 11 not from the area in which the proposed license 12 was supposed to be located. I just wanted to 13 raise that issue. 14 CHAIRMAN WITKOWIAK: All right. Thank 15 you. 16 ALDERMAN PUENTE: Mr. Chair. 17 CHAIRMAN WITKOWIAK: Alderman Puente. 18 ALDERMAN PUENTE: If I may add, I think 19 the big difference between these two things, the 20 petition and the minutes, to me is that Mr. Hill 21 was present at the meeting versus nobody else was 22 present when he took these signatures. That's, I 23 think, a big significant - - As you stated to Mr. 24 Hill, if he read the minutes and were they 25 accurate, he responded to the affirmative. And 00027 1 so, I - - 2 THE APPLICANT: I would like to speak 3 about that. They're not accurate, but, you know, 4 I glanced over. But those were some of the 5 concerns that they was worried about, but that's 6 not true. It's not true. 7 ALDERMAN BOHL: Mr. Chairman. 8 CHAIRMAN WITKOWIAK: Okay. Alderman 9 Bohl. 10 ALDERMAN BOHL: What - - What would 11 happen then is he can be asked that question. He 12 could make his representation. He's sworn in. 13 That is his testimony. You still don't introduce 14 hearsay evidence. You - - You have - - 15 ALDERMAN PUENTE: Oh, I understand 16 that. 17 ALDERMAN BOHL: No, you can - - You can 18 take it on his testimony, then maybe make a 19 motion on his testimony. You don't take any 20 hearsay evidence. 21 ALDERMAN PUENTE: I know that. 22 CHAIRMAN WITKOWIAK: And not to 23 complicate things further, but, Alderman Davis, 24 were you at that meeting? 25 ALDERMAN DAVIS: Yes. 00028 1 CHAIRMAN WITKOWIAK: Okay. I don't 2 want to hear anything else about it. 3 ALDERMAN DAVIS: All right. 4 ALDERMAN WADE: So, Mr. Chair, I just 5 want to - - If I may - - 6 CHAIRMAN WITKOWIAK: Go ahead, Alderman 7 Wade. 8 ALDERMAN WADE: Okay. Neither one of 9 these things are - - are considered evidence at 10 this point. Is that correct? 11 CHAIRMAN WITKOWIAK: That is correct. 12 ALDERMAN WADE: That's where we are. 13 CHAIRMAN WITKOWIAK: That is correct. 14 ALDERMAN WADE: Okay. That's better. 15 CHAIRMAN WITKOWIAK: Okay. And now at 16 this point if - - if - - Is there anyone, any 17 committee member that wishes to make either one 18 of these, either the minutes from the 19 neighborhood meeting or the petition, part of the 20 permanent record in this hearing? I hear no one 21 asking for acknowledgement. Okay. 22 Now this matter is in committee. 23 ALDERMAN DUDZIK: Mr. Chairman. 24 CHAIRMAN WITKOWIAK: Alderman Dudzik. 25 ALDERMAN DUDZIK: Based on the 00029 1 Alderman's testimony, I would move to deny this 2 particular food dealer's license. 3 CHAIRMAN WITKOWIAK: Okay. Motion by 4 Alderman Dudzik is to recommend denial, based on 5 Alderman Davis' testimony. 6 ALDERMAN WADE: Mr. Chair. 7 CHAIRMAN WITKOWIAK: Is there any 8 discussion on the motion? Alderman Wade? 9 ALDERMAN WADE: Yeah, just discussion 10 on the motion. Alderman Davis is - - is 11 presenting his - - his argument as a neighbor and 12 not Alderman Davis. Or is he presenting it as 13 Alderman Davis. I need to know that. 14 CHAIRMAN WITKOWIAK: Mr. Schrimpf, 15 you're working hard this morning. 16 MR. SCHRIMPF: It has to be as a 17 neighbor. 18 ALDERMAN WADE: That's what I thought. 19 Not that I want to be an attorney or anything, 20 but I - - You know, this - - 21 MR. SCHRIMPF: You could be. 22 ALDERMAN WADE: These are tough 23 decisions to make, and I want to make sure that 24 it's fair. So if he's entering that testimony it 25 has - - in my opinion, he shouldn't be Alderman 00030 1 Davis. He should be Mr. Davis that lives in the 2 vicinity of where the activities are going on. 3 MR. SCHRIMPF: Right. 4 ALDERMAN WADE: Thank you. 5 CHAIRMAN WITKOWIAK: Okay. 6 ALDERMAN DAVIS: Do I have to take my 7 suit off? 8 CHAIRMAN WITKOWIAK: No. You could 9 remove your tie, though. 10 No, but, Mr. Schrimpf, it is - - It is 11 still proper to refer to him as Alderman Davis, 12 isn't it? 13 MR. SCHRIMPF: Well, of course. That's 14 his title. 15 CHAIRMAN WITKOWIAK: That's his title. 16 Assistant City Attorney Schrimpf. Thank you. 17 MR. SCHRIMPF: Call me Bruce. 18 CHAIRMAN WITKOWIAK: Motion by Alderman 19 Dudzik is to recommend denial based on testimony 20 of Alderman Davis acting as a - - a resident of 21 the neighborhood. Is there any discussion on the 22 motion? Are there any objections to the motion? 23 Hearing none, so ordered. Mr. Schrimpf? 24 MR. SCHRIMPF: Yes. The committee is 25 going to be doing findings of fact and 00031 1 conclusions of law recommending denial of your 2 food dealer's license. You'll receive a copy of 3 that recommendation. You'll have an opportunity 4 to submit written objections to that 5 recommendation, as well as appear before the 6 Milwaukee Common Council when it meets on this 7 matter on November 14th, 2006 at approximately 8 nine a.m. in the Common Council Chambers of this 9 building. Understand all that? 10 THE APPLICANT: Yes. 11 CHAIRMAN WITKOWIAK: Thank you. 12 * * * * * * 13 00032 1 2 STATE OF WISCONSIN) 3 MILWAUKEE COUNTY ) 4 5 I, JEAN M. BARINA, of Milwaukee Reporters 6 Associated, Inc., do certify that the foregoing 7 transcript was reduced to writing under my direction 8 and that it is a true and accurate transcription of 9 the Licenses Committee Hearing held on October 30, 10 2006. 11 12 13 JEAN M. BARINA - COURT REPORTER 14 Dated this day of November, 2006 15 16 17