1 * * * * * * * * * * * * * * * * * * * * * * * * * * CITY OF MILWAUKEE COMMON COUNCIL * * * * * * * * * * * * * * * * * * * * * * * * * Proceedings had and testimony given before the COMMON COUNCIL OF THE CITY OF MILWAUKEE, on the 1st day of December, 2009. 2 1 A P P E A R A N C E S 2 President Willie L. Hines, Jr.; Alderman James A. Bohl, Jr.; 3 Alderman Tony Zielinski; Alderwoman Milele A. Coggs; 4 Alderman Nik Kovac; Alderman Ashanti Hamilton; 5 Alderman Robert J. Bauman; Alderman Willie C. Wade; 6 Alderman Robert G. Donovan; Alderman Robert W. Puente; 7 Alderman Michael J. Murphy; Alderman Joe Dudzik; 8 Alderman James N. Witkowiak; Alderman Terry J. Witkowski; 9 Alderman Tony Zielinski. 10 Office of the City Attorney by Attorney Tom Miller 11 * * * * * 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 TRANSCRIPT OF PROCEEDINGS 2 CITY CLERK: The Licenses Committee 3 recommends approval of Item 4, File 090696, a 4 motion to approve the recommendations of the 5 licenses committee relative to licenses. Included 6 in the file are the following recommendations: 7 Renewal with a 10-day suspension based 8 on the police report of the Class B Tavern 9 Instrumental Music and Record Spin Licenses of 10 Tony M. Carter for the premises at 2712 North 11 Martin Luther King Jr. Drive known as Ray's Rhythm 12 & Blues Lounge in the 6th Aldermanic District. No 13 written objections have been filed. 14 Renewal with a 10-day suspension based 15 on the police report of the Class B Tavern and 16 Record Spin Licenses of Lyle A. McDowell for the 17 premises located at 3478 North 2nd Street known as 18 Club 2C in the 6th Aldermanic District. No 19 written objections have been filed. 20 Nonrenewal based on the police report of 21 the Class D Bartender License of Daniel Escamilla. 22 Written objections have been filed. 23 Nonrenewal based on neighborhood 24 objections of the Class B Tavern and Tavern 25 Licenses of Rafael Molinari for the premises 4 1 located at 1503 West Arthur Avenue known as La 2 Borinquena in the 12th Aldermanic District. 3 Written objections have been filed. 4 Renewal with a 45-day suspension based 5 on the police report and neighborhood objections 6 of the Class B Tavern, Tavern Dance and Video Game 7 Center Licenses of Christina M. Elliot, agent for 8 Competitive Adventures, LLC, for the premises 9 located at 4014-4024 South Howell Avenue known as 10 Jerseys Sports Club and Grill -- Sports Pub and 11 Grill and 4014 Lounge in the 14th Aldermanic 12 District. Written objections have been filed. 13 Renewal with a 20-day suspension based 14 on the police report and neighborhood objections 15 of the Class B Tavern and Tavern Amusement 16 Licenses of Habib Manjee, agent for Lady Bug Club, 17 LLC, for the premises located at 622 North Water 18 Street known as Lady Bug Club/618 Live on Water in 19 the 4th Aldermanic District. Written objections 20 have been filed. 21 PRESIDENT HINES: Have the members of 22 the Common Council read the report and the 23 recommendations of the licenses committee and the 24 exceptions filed in these matters? Mr. City 25 Clerk, please call the roll. 5 1 CITY CLERK: Alderman Hamilton. 2 ALDERMAN HAMILTON: No. 3 CITY CLERK: Kovac. 4 ALDERMAN KOVAC: Aye. 5 CITY CLERK: Bauman. 6 ALDERMAN BAUMAN: Aye. 7 CITY CLERK: Bohl. 8 ALDERMAN BOHL: Aye. 9 CITY CLERK: Coggs. 10 ALDERWOMAN COGGS: Aye. 11 CITY CLERK: Wade. 12 ALDERMAN WADE: Aye. 13 CITY CLERK: Donovan. 14 ALDERMAN DONOVAN: Aye. 15 CITY CLERK: Puente. 16 ALDERMAN PUENTE: Aye. 17 CITY CLERK: Murphy. 18 ALDERMAN MURPHY: Aye. 19 CITY CLERK: Dudzik. 20 ALDERMAN DUDZIK: Aye. 21 CITY CLERK: Witkowiak. 22 ALDERMAN WITKOWIAK: Aye. 23 CITY CLERK: Witkowski. 24 ALDERMAN WITKOWSKI: Aye. 25 CITY CLERK: Zielinski. 6 1 ALDERMAN ZIELINSKI: Aye. 2 CITY CLERK: Mr. President. 3 PRESIDENT HINES: Aye. 4 CITY CLERK: 13 ayes, 1 no. 5 PRESIDENT HINES: 13 ayes, 1 no. 6 CITY CLERK: 1 excused. 7 PRESIDENT HINES: 1 excused. We're 8 going to take a brief recess to ensure that all 9 members are caught up on the findings of facts 10 before we proceed. With that being the case, 11 let's adjourn. 12 (Recess taken.) 13 PRESIDENT HINES: Council is called back 14 to order. Will the city clerk, please call the 15 roll? 16 CITY CLERK: Alderman Hamilton. 17 ALDERMAN HAMILTON: Here. 18 CITY CLERK: Davis is excused. Kovac. 19 ALDERMAN KOVAC: Here. 20 CITY CLERK: Bauman. 21 ALDERMAN BAUMAN: Here 22 CITY CLERK: Bohl, Alderman Bohl. 23 Coggs. 24 ALDERWOMAN COGGS: Present. 25 ALDERMAN BOHL: Bohl, here. 7 1 CITY CLERK: Wade. 2 ALDERMAN WADE: Present. 3 CITY CLERK: Donovan. 4 ALDERMAN DONOVAN: Here. 5 CITY CLERK: Puente. 6 ALDERMAN PUENTE: Present. 7 CITY CLERK: Murphy. 8 ALDERMAN MURPHY: Here. 9 CITY CLERK: Dudzik. 10 ALDERMAN DUDZIK: Here 11 CITY CLERK: Witkowiak. 12 ALDERMAN WITKOWIAK: Here. 13 CITY CLERK: Witkowski. 14 ALDERMAN WITKOWSKI: Here. 15 CITY CLERK: Zielinski. 16 ALDERMAN ZIELINSKI: Here. 17 CITY CLERK: Mr. President. 18 PRESIDENT HINES: Present. 19 CITY CLERK: 14 members present, 1 20 excused. 21 PRESIDENT HINES: 14 members present, 1 22 excused. I'll repeat that question. Have members 23 of Common Council read the findings and facts and 24 any other items relative to the matter? Mr. City 25 Clerk, please call the roll. 8 1 CITY CLERK: Alderman Hamilton 2 ALDERMAN HAMILTON: Aye. 3 CITY CLERK: Kovac. 4 ALDERMAN KOVAC: Aye. 5 CITY CLERK: Bauman. 6 ALDERMAN BAUMAN: Aye. 7 CITY CLERK: Bohl. 8 ALDERMAN BOHL: Aye. 9 CITY CLERK: Coggs. 10 ALDERWOMAN COGGS: Aye. 11 CITY CLERK: Wade. 12 ALDERMAN WADE: Aye. 13 CITY CLERK: Donovan. 14 ALDERMAN DONOVAN: Aye. 15 CITY CLERK: Puente. 16 ALDERMAN PUENTE: Aye. 17 CITY CLERK: Murphy. 18 ALDERMAN MURPHY: Aye. 19 CITY CLERK: Dudzik. 20 ALDERMAN DUDZIK: Aye. 21 CITY CLERK: Witkowiak. 22 ALDERMAN WITKOWIAK: Aye. 23 CITY CLERK: Witkowski. 24 ALDERMAN WITKOWSKI: Aye. 25 CITY CLERK: Zielinski. 9 1 ALDERMAN ZIELINSKI: Aye. 2 CITY CLERK: Mr. President. 3 PRESIDENT HINES: Aye. 4 CITY CLERK: 14 ayes, 1 excused. 5 PRESIDENT HINES: 14 ayes, 1 excused. 6 Please continue, Mr. City Clerk. 7 CITY CLERK: Are any of the following or 8 their counsels present, and if so, do they wish to 9 address the Common Council: Daniel Escamilla? He 10 is present; Rafael Molinari? Thank you; Christina 11 Elliot? No response; and Habib Manjee? For the 12 record, counsel and the applicant are present but 13 do not wish to address the council. 14 PRESIDENT HINES: Alderman Bohl moves 15 that the Common Council convene itself into the 16 Committee of the Whole for the purpose of hearing 17 oral arguments that are related to -- arguments on 18 behalf of the licenses related to those who have 19 findings of fact and have been -- and that have 20 been ordered as suspensions, and more importantly, 21 in opposition to the report and the 22 recommendations and the statements presented by 23 the city attorney. Are there any objections? 24 Hearing none, we are now in the Committee of the 25 Whole. And I'll have the city clerk identify the 10 1 two that are here, or those that wish to address 2 the body. 3 Each side will be limited to five 4 minutes and the arguments shall be limited to the 5 subject matter found in the report and 6 recommendations and the written exceptions. With 7 that being the case, Mr. City Clerk, why don't you 8 identify the parties? 9 CITY CLERK: The first item is 10 nonrenewal based on the police report of the Class 11 D Bartender License of Daniel Escamilla. Sir? 12 He has been sworn in. 13 PRESIDENT HINES: Mr. Escamilla has been 14 sworn in. Again, he will be given five minutes to 15 speak to the Council. Afterwards, we will ask 16 questions if members have them. Then we will hear 17 from the City Attorney's Office. 18 Mr. Escamilla. 19 MR. ESCAMILLA: Yes, my name is Daniel 20 Escamilla. I just want to -- yes, I'd like to 21 read this letter. Thank you for allowing me to 22 appeal your decision concerning my Class D 23 Bartender License. 24 Just for the record, I was told about 25 five months ago by a doctor, I'm seeing Dr. 11 1 Callalamo, that I would be dead in three years if 2 I didn't stop drinking. I'd been tapering off for 3 a couple years, and that was like a kick in the 4 butt, put me in the right direction to help me 5 make my decision. I have not drank since the 6 decision not to give me my license. I have been 7 working at Summerfest for Major Goolsby's for the 8 last two years, and I would like to train for 9 manager next year, and I would need my bartender 10 license to do that. Also worked at the Federal 11 Marine Terminals for three years, and now due to 12 the fact that our season is running slow, I would 13 like to supplement my income by bartending during 14 the months off, mid December to April 1st. I 15 would like to go back to bartending for the union 16 in the hotels around the city. That I have done 17 for four or five years. 18 For me being in a bad relationship, 19 that's why I got those charges put on me. I'm out 20 of the relationship now, and I have met a 21 hard-working lady to improve my living 22 environment. I have moved back with my father. 23 It's hard to find work right now. I would like to 24 supplement my income by bartending during my off 25 months. That's it, thank you. 12 1 PRESIDENT HINES: Are there any members 2 of the council that have any questions of the 3 applicant? Yes, the chair recognizes Alderman 4 Puente. 5 ALDERMAN PUENTE: Thank you, Mr. 6 President. Sir, how long have you had your 7 bartender license? 8 MR. ESCAMILLA: Pardon? 9 ALDERMAN PUENTE: How long have you had 10 your bartender license? 11 MR. ESCAMILLA: I missed one year in 12 about six years. 13 ALDERMAN PUENTE: During that course, 14 have you ever come before the licensing committee 15 regarding any incidents? 16 MR. ESCAMILLA: Right. Yes, I was just 17 here about a year-and-a-half ago, and I had the 18 same charges, and they gave me my license. That's 19 why I don't understand why I didn't get the 20 license this time. 21 ALDERMAN PUENTE: So are you saying they 22 took into consideration, in the discipline that 23 they imposed on you this time, the same incidents 24 that they took into consideration last time? 25 MR. ESCAMILLA: Right. It was 13 1 relatively the same thing, the same cases that I 2 had the last time, I came and I was granted my 3 license. 4 ALDERMAN PUENTE: What type of 5 discipline? 6 MR. ESCAMILLA: There was no -- I don't 7 remember no discipline, I just -- 8 ALDERMAN PUENTE: Did you get a warning 9 letter or anything? 10 MR. ESCAMILLA: They sent me a letter. 11 I don't believe it was a warning letter. 12 ALDERMAN PUENTE: I'm sorry, I couldn't 13 hear you, sir. 14 MR. ESCAMILLA: I don't believe there 15 was a warning letter. 16 ALDERMAN PUENTE: So you got no 17 discipline whatsoever? 18 MR. ESCAMILLA: No, I don't believe so. 19 ALDERMAN PUENTE: In the six years you 20 have had your license, did you get any type of 21 discipline? Did your license get any 10-day 22 suspension, anything, a warning letter? 23 MR. ESCAMILLA: No. 24 ALDERMAN PUENTE: Nothing? 25 MR. ESCAMILLA: No. 14 1 ALDERMAN PUENTE: All right. Thank you. 2 PRESIDENT HINES: Any additional 3 questions of Mr. Escamilla? If not, thank you, 4 Mr. Escamilla. We will now hear from the 5 representative from the City Attorney's Office. 6 MR. MILLER: Good morning, members of 7 the council. Tom Miller, Assistant City Attorney. 8 The licensee -- the licenses committee recommended 9 nonrenewal of the Class D Bartender License of the 10 licensee on a 5-0 vote. The only thing that I 11 would point out that came up in the answer to 12 Alderman Puente's question is that there was one 13 new incident on February 24, 2009. As a result of 14 that, there was a citation for disorderly conduct, 15 and also the licensee was then charged with 16 battery and found guilty of disorderly conduct. 17 So just to clarify, just to clarify that point. 18 The record does not show, though, any previous 19 discipline from the licensing committee, no 20 previous suspensions. 21 I would be happy to answer any other 22 questions. 23 PRESIDENT HINES: Thank you, Attorney 24 Miller. Any questions of Attorney Miller? Seeing 25 and hearing none -- oh, the chair recognizes 15 1 Alderman Bohl. 2 ALDERMAN BOHL: Mr. Chairman, I just 3 wanted to clarify a point here and say that the 4 findings of fact and conclusions of law are 5 incorrect in one point, and that is the findings 6 should state that the committee vote was 4-0. At 7 the time, we were running continuously, and it was 8 at a point where I did leave the committee and was 9 taking a lunch break for a few minutes. So the 10 finding is incorrect. It should be 4-0. At the 11 time, I did not render a decision on the committee 12 at this point. 13 The other point that I will say, and I 14 will just form it in, phrase it in the form of a 15 question. Mr. Miller, the applicant, Mr. 16 Escamilla, indicated that he has had a license 17 about six years. During that six-year time, he 18 would have had items like an underage, sale to 19 underage person, a charge with a battery sentence 20 and an obstructing. Some of those would have 21 fallen during the same year. Is it -- with the 22 knowledge that you have of licensing matters, 23 would it be very rare for an individual to have 24 items on the police report and not at least have a 25 warning letter that would be issued? 16 1 MR. MILLER: That could be. Although, I 2 think in my time down at the committee, I have 3 seen, you know, when we have single incidents 4 during a license year, there may just be a 5 renewal. I can't answer whether there was 6 definitively hearings in those years that produced 7 a warning letter. 8 ALDERMAN BOHL: That was just my way of 9 saying, I highly doubt that he did not have a 10 warning letter. I would believe that he had a 11 warning letter at least. 12 PRESIDENT HINES: Let's ask the 13 questions, and then we'll have the opportunity, if 14 there is a motion put forth on this or any other 15 ones, we can voice our concerns. 16 Any questions of Assistant City Attorney 17 Tom Miller at this time? If not, thank you, Mr. 18 Miller. We'll move on to the next person. 19 CITY CLERK: The committee has 20 recommended nonrenewal based on neighborhood 21 objections of the Class B Tavern and Tavern 22 Licenses of Rafael Molinari for the premises 23 located at 1503 West Arthur Avenue, La Borinquena, 24 in the 12th Aldermanic District. 25 PRESIDENT HINES: Mr. Molinari will be 17 1 represented by an attorney. He will be given five 2 minutes. Afterwards, we will hear from the City 3 Attorney's Office. 4 Please identify yourself for the record 5 MR. SAUCEDA: Thank you, Mr. President. 6 I am Dave Sauceda, an attorney who appears on 7 behalf of Rafael Molinari, the license holder who 8 is present and in the gallery. 9 The upcoming vote on the license for 10 La Borinquena is important for the entire city of 11 Milwaukee. There must be fairness and consistency 12 in the licensing process. And in this license 13 vote, there is a potential danger to the safety of 14 all city residents if the City of Milwaukee Police 15 Department can ignore dozens of calls reporting 16 drug dealing, gun play and unruly behavior at one 17 location without so much as one police report 18 entered into the record, not one. 19 The committee based its recommendation 20 for nonrenewal of the license on objections by 21 neighbors. Those neighbors are two in number; one 22 credible, one not credible. One of the objectors, 23 Dawn Palma, testified under oath at the hearing 24 that she calls police "two or three times a 25 month." Either Ms. Palma lied under oath or 18 1 Milwaukee Police are asleep at the wheel and the 2 entire city is in danger. 3 Despite dozens of alleged calls to 4 police on La Borinquena, there was no police 5 objection to the renewal. 6 The two neighbors who testified at the 7 committee hearing gave widely different testimony 8 about the bar. Ms. Palma's testimony should be 9 disregarded as unbelievable. The second neighbor 10 to testify, Pastor Chester Schmear, is the only 11 credible objector. Perhaps Pastor Schmear took 12 his oath more seriously than Ms. Palma because he, 13 based on his vocation, is much less likely to bear 14 false witness than others. Pastor Schmear said 15 his objection was based primarily on noise 16 complaints that are sporadic and mostly on Friday 17 and Saturday. 18 Rafael Molinari is the license holder 19 for La Borinquena. He has tried to be a good 20 neighbor, and he is willing to meet with Pastor 21 Schmear to identify potential measures to address 22 the noise and other issues. 23 Ms. Palma testified at great length as 24 to rumors of drug dealing, a gun shot and loud, 25 unruly patrons. Ms. Palma referred to some of the 19 1 patrons as "hoochies." Ms. Palma is judgmental in 2 addition to giving unbelievable testimony. She 3 testified that she calls police dozens of times. 4 The fact is, there were 12 police calls in 2008 5 and only three in 2009. 6 I'm a defense attorney by practice. 7 Milwaukee Police have hundreds of confidential 8 informants on the streets. If the alleged drug 9 dealings Ms. Palma supposedly reports to police is 10 as blatant as she alleges, it would not be very 11 hard for MPD to set up a controlled buy and bust 12 the drug dealers. It happens all the time. 13 I wrongly assumed at the hearing that 14 the committee would see Ms. Palma's testimony as 15 unbelievable and would, at the worst, vote to 16 suspend the license and then renew it, as was done 17 earlier in the morning for another bar, Jerseys 18 Sports Bar. 19 The Jersey hearing was exhaustive and 20 included a police report and testimony by four 21 neighbors who gave consistent statements similar 22 to the objections made against La Borinquena. I 23 regret that I did not ask Pastor Schmear or Ms. 24 Palma more than one follow-up question each. Our 25 9:30 hearing started at 11:30, and I honestly 20 1 didn't expect such a drastic measure as nonrenewal 2 based on the prior hearings I observed that 3 morning. There were no reports by police for this 4 license. Yet to get all the licenses renewed 5 prior to our hearing despite a police report for 6 having an unlicensed bartender. Mr. Molinari is a 7 diligent bartender, or bar operator who has 8 improved the bar. Pulling his license would be 9 unfair and inconsistent with the treatment of 10 similarly-situated license holders. The committee 11 found that La Borinquena had not shown improvement 12 over the last year in spite of a warning letter. 13 However, Pastor Schmear in an August 28, 2009, 14 e-mail to Alderman Witkowiak regarding 15 La Borinquena states that, "Things were worse then 16 than they are now." 17 Mr. Molinari lives next door to 18 La Borinquena with his five children. Mr. 19 Molinari has a vested interest in the safety of 20 the neighborhood because it relates to the safety 21 of his children. Mr. Molinari will continue to 22 improve his operation by installing security 23 cameras outside the bar and letting his patrons 24 know the importance of respecting his neighbors' 25 rights to peace and safety. 21 1 I ask that you vote in opposition to the 2 committee recommendation against renewal of the 3 license. We agree some sanction is needed to 4 impress upon Mr. Molinari the need to continue to 5 improve the operation of his bar. He knows 6 La Borinquena must be a quiet watering hole. 7 It would be extraordinary to take the 8 license of a bar when there are only two 9 objectors, only one of which is believable, and no 10 police reports or police objections in the record. 11 Mr. Molinari and I ask that you treat him fairly 12 and not base your vote on the greatly exaggerated 13 testimony of one person. 14 Mr. Molinari's license should be 15 suspended and renewed; not taken. Thank you for 16 your thoughtful consideration of our objection to 17 the committee recommendation. We hope that you 18 treat Mr. Molinari fairly and consistently. Thank 19 you for your attention. 20 PRESIDENT HINES: Thank you. Are there 21 any questions from council members of the attorney 22 at this time? If not, thank you, sir. 23 MR. SAUCEDA: Thank you, Mr. President. 24 PRESIDENT HINES: We will now hear from 25 Attorney Tom Miller. 22 1 MR. MILLER: La Borinquena's license was 2 recommended for nonrenewal based on a 3-2 vote 3 based on neighborhood testimony. There was no 4 police report, however two neighbors appeared. 5 They had appeared in previous years to testify 6 about noise late at night, patrons using drugs 7 outside the premises, the noise problem due also 8 to the motorcycles driven by the patrons, revving 9 the motorcycles loud enough to set off car alarms, 10 driving the motorcycles up onto the sidewalk. 11 The licensee was issued a warning letter 12 last year, and it was certainly apparent from the 13 discussion at the committee that the committee was 14 frustrated that the situation had not changed at 15 all. And that was the testimony of Pastor 16 Schmear. I find it a little bit surprising to see 17 one of the neighbors' testimony bolstered by the 18 licensee, but that was the testimony presented 19 before the committee. 20 The other thing I would say is, the 21 licensee is attacking the credibility of the 22 second witness. However, the licensee was 23 represented by counsel at the committee and there 24 was no cross examination presented to the 25 committee to put -- to cast doubt on that 23 1 particular witness' testimony to shed light about 2 whether there was any bias or improper motive on 3 that neighborhood resident, and she had appeared 4 in previous years. 5 So based on the past history of the 6 licensee, the neighborhood complaints, the 7 committee recommended nonrenewal of the license. 8 I would be happy to answer any questions 9 that you have. 10 PRESIDENT HINES: Thank you. Are there 11 any questions? The chair recognizes Alderman 12 Puente. 13 ALDERMAN PUENTE: Thank you, Mr. 14 President. How long has this licensee had the 15 license there? 16 MR. MILLER: I do not know. I think it 17 was said that it was the third year in a row at 18 committee. The establishment has been there, but 19 I believe the licensee has had it for three years. 20 ALDERMAN PUENTE: And in that three 21 years, they have had one warning letter? 22 MR. MILLER: They had a warning letter 23 last year. 24 ALDERMAN PUENTE: What about the 25 previous year? 24 1 MR. MILLER: I don't know about the 2 previous year. 3 ALDERMAN PUENTE: Well, I have to take 4 into consideration then that it's just the one 5 warning letter in three years, and we went from a 6 warning to nonrenewal. 7 MR. MILLER: Of the past history, 8 that's -- 9 ALDERMAN PUENTE: Thank you. 10 MR. MILLER: -- that was the discussion 11 in the record last year of the committee. 12 ALDERMAN PUENTE: Well, can you tell me 13 that in the record from the previous year, are you 14 telling me that it was the same individual who 15 testified against it last year, correct? 16 MR. MILLER: Correct. 17 ALDERMAN PUENTE: And what was different 18 in her testimony from last year to this year? 19 MR. MILLER: Well, I haven't seen the 20 testimony from last year. I haven't seen the 21 record from the 2008 hearing. The testimony 22 provided by that witness, and I believe statements 23 by the committee themselves, that these two 24 witnesses who appeared this year had appeared last 25 year to make the same complaints. They testified 25 1 at the licenses committee this year that the same 2 noise problems were happening, the same problems 3 were happening, noise and drugs, and so. 4 ALDERMAN PUENTE: So basically, it was 5 the same complaint? 6 MR. MILLER: Yes, unaddressed. 7 ALDERMAN PUENTE: I understand. So the 8 year before it was worth a warning letter, this 9 year the same type of testimony warrants 10 nonrenewal. 11 MR. MILLER: That's the recommendation 12 of the licenses committee. 13 ALDERMAN PUENTE: Thank you. 14 PRESIDENT HINES: Thank you, Alderman. 15 Chairman recognizes Alderman Bohl. 16 ALDERMAN BOHL: Thank you, Mr. 17 President. 18 Mr. Miller, are you aware of in the past 19 that in addition to the two individuals who 20 testified at the hearing of this cycle that there 21 were additional neighbors that were present to 22 testify about the same complaints? It's a yes or 23 no question. 24 MR. MILLER: Well -- . 25 PRESIDENT HINES: Alderman -- 26 1 MR. MILLER: Two neighbor residents 2 testified this year, two neighbors testified. 3 PRESIDENT HINES: Excuse me, Mr. Miller. 4 Again, we are going to ask questions, they will 5 answer them, then they will answer them. 6 ALDERMAN BOHL: Are you aware that in 7 the past for this location that there had been 8 more than -- in years past, more than two 9 witnesses? 10 MR. MILLER: There was testimony to that 11 effect. Alderman Witkowiak raised that. That in 12 past years, there had been more neighbors present. 13 ALDERMAN BOHL: Was there additional 14 testimony about fighting that was made at the 15 hearing during this cycle? 16 MR. MILLER: Yes, and one of the 17 witnesses testified to hearing basically somebody 18 really "cracked over the head," to paraphrase. 19 The fights did not appear in the findings of fact. 20 ALDERMAN BOHL: Mr. President, if I may 21 continue? 22 PRESIDENT HINES: Please continue, 23 Alderman. 24 ALDERMAN BOHL: Mr. Miller, if I were to 25 do a search for a police report, would I typically 27 1 do that based upon finding an address and then 2 doing an open-records search for an address? 3 MR. MILLER: That would give you a 4 limited result. And that was also discussed at 5 the committee that the three -- I think there were 6 bad reports listing some incidents in 2009 to show 7 that there had been a drop off. However, the 8 search is limited. It is limited to 1503 West 9 Arthur. That would not negate whether 10 neighborhood residents had called the police or 11 whether, frankly, and very importantly, 12 neighborhood residents had themselves witnessed 13 noise and not called the police. As was pointed 14 out at the committee, Saturday nights, for noise, 15 you know, people, neighbors, can make the quite 16 rational decision that calling the police for a 17 noise in a neighborhood is -- that by the time the 18 police are able to respond, the problems are gone 19 away. That was an argument made at the committee. 20 ALDERMAN BOHL: So in other words, if I 21 am a neighbor that lives two or three doors down 22 and I hear noise, it may not be very common that I 23 would know the address but that an individual 24 could call the police and say, "There are 25 individuals fighting," or "There are cars speeding 28 1 at La Borinquena bar on 15th and Arthur," and the 2 police department would respond but would not 3 necessarily enter that knowing the proper address 4 is 1503 West Arthur, or whatever it may be, is 5 that correct? 6 MR. MILLER: That is correct. That is a 7 reasonable conclusion. 8 ALDERMAN BOHL: Which -- and it doesn't 9 mean that necessarily the police department would 10 respond to that, but if someone is doing a search, 11 would it not then not turn up because it would be 12 entered into the system as 15th and Arthur versus 13 1503 West Arthur, if they were just to do an open 14 records search? 15 MR. MILLER: Well, yeah. I think, as 16 you have laid out the scenario. 17 ALDERMAN BOHL: Thank you. 18 PRESIDENT HINES: Thank you, Alderman. 19 Any additional questions of Attorney Miller? 20 Chair recognizes Alderman Wade. 21 ALDERMAN WADE: Thank you, Mr. 22 President. So are you saying the applicant the 23 year before, the same applicant the year before, 24 more neighbors were present to testify against 25 him, correct? Is that correct, Attorney? 29 1 MR. MILLER: That is my understanding. 2 That last year's committee hearing there were more 3 neighbors present to testify. 4 ALDERMAN WADE: Same type of violations 5 as the year before? 6 MR. MILLER: That's, that's my -- that's 7 what was stated at the hearing. I don't know the 8 quality of the testimony of the prior year. 9 ALDERMAN WADE: But the two that came 10 this year were part of the group that came the 11 year before and had similar complaints about the 12 bar, correct? 13 MR. MILLER: Yes, they characterized it 14 as the same complaints. 15 ALDERMAN WADE: And the verdict the year 16 before was a warning letter? 17 MR. MILLER: Correct. 18 ALDERMAN WADE: And this year on a 3-2 19 vote, it was a nonrenewal? 20 MR. MILLER: Correct. 21 ALDERMAN WADE: Just want to make sure I 22 got the facts. Thank you. 23 PRESIDENT HINES: Any additional 24 questions of Attorney Miller? Seeing and hearing 25 none, thank you, Mr. Miller. 30 1 MR. SAUCEDA: Mr. President, may I speak 2 briefly in rebuttal? 3 PRESIDENT HINES: No, that's not our 4 current system. Our system is a five-minute 5 system, unfortunately, when it comes to here. 6 Alderman Bohl moves that the Common 7 Council now rises. Are there any motions relative 8 to these matters? The chair recognizes Alderman 9 Puente. 10 ALDERMAN PUENTE: Thank you, Mr. 11 President. Notwithstanding the recommendation of 12 the committee regarding Rafael -- excuse me, 13 regarding the Class D Bartender License of Daniel 14 Escamilla, I would recommend a 90-day suspension 15 instead of nonrenewal. 16 PRESIDENT HINES: Thank you. Hearing 17 the motion that has been offered and put forth by 18 Alderman Puente, which is a 90-day suspension. 19 Any discussion on the motion, and that's of Daniel 20 Escamilla? 21 Just so we understand it, and I'll 22 acknowledge those who have their lights on, it was 23 a 4-0 vote, if I'm not mistaken, after the 24 correction of the minutes or the facts. We'll 25 need 12 members, three-quarters of the vote to 31 1 overturn it. With that being the case, the chair 2 recognizes Alderwoman Coggs. 3 ALDERWOMAN COGGS: Thank you. I will 4 not be supporting the motion. In fact, I'll be 5 quite candid with you, I don't see how he got a 6 license in the first place. Us being able to 7 license bartenders is a tremendous responsibility, 8 and with four -- if I'm not correct -- if I'm -- I 9 don't believe I'm misspeaking, with four DUIs, 10 that's bad enough, but to have had a recent 11 battery charge as well, and too, in his own letter 12 of appeal to say that, you know, even though he 13 was told he is about to die, that he has just 14 tapered off with drinking. It's a tremendous 15 responsibility we give to people when we offer 16 these licenses, and having been a holder of this 17 license is even a greater responsibility of being 18 able to determine other people's drinking too much 19 or misbehavior while drinking and that whole kind 20 of thing. And to me, with the four DUIs he 21 already has and the recent disorderly conduct and 22 battery charges, it is no way that I, in good 23 conscience, could support any licensure of this 24 nature for him. I think it's a different field he 25 needs to go into. Thank you. 32 1 PRESIDENT HINES: Thank you. Any 2 additional comments relative to the motion put 3 forth by Alderman Puente? If not, we will subject 4 this -- the motion to a roll call vote. Mr. City 5 Clerk. 6 I'm sorry, the chair recognizes Alderman 7 Hamilton. 8 ALDERMAN HAMILTON: Just to be sure, 9 we're voting on the bartender license, or -- 10 PRESIDENT HINES: Yes, sir. It was Mr. 11 Daniel Escamilla. It was a nonrenewal and the 12 motion is for a 90-day suspension. 13 ALDERMAN HAMILTON: Okay. 14 PRESIDENT HINES: The chair recognizes 15 Alderman Wade. 16 ALDERMAN WADE: Thank you, Mr. 17 President. I just want to make sure I got this 18 straight. Basically, it was one item that was new 19 on his record from this licensing year, is that 20 correct? The other items he had already got a 21 warning letter for the year before, and this year 22 was just one more incident, which was a battery 23 incident. 24 PRESIDENT HINES: Alderman Bohl, do you 25 want to respond to that? 33 1 ALDERMAN BOHL: That, I believe, is 2 incorrect, Mr. President. Bartenders are licensed 3 for two-year cycles. So when I look at the 4 findings of fact, I see Items E, F and G, which 5 would be a February 2009 disorderly conduct, a 6 charge of battery, and I believe that it would 7 also include, um, during the two-year cycle, Items 8 C and D. Even though it says the current record 9 of the licensee, I believe that is incorrect, that 10 there were four items that were not considered 11 previously. That would also have included a 12 resisting or obstructing from police and an 13 additional charge on October 12, 2007, of battery, 14 as well. 15 ALDERMAN WADE: Thank you. 16 PRESIDENT HINES: The chair recognizes 17 Alderman Hamilton. 18 ALDERMAN HAMILTON: Thank you, Mr. 19 President. I just really have to reiterate the 20 comments of Alderwoman Coggs. This applicant had 21 an extensive history, and we were really surprised 22 that he had received a license in the first place. 23 But then to come back with the same problems, the 24 same issues before this committee, it gave us 25 pause as to our ability to give this applicant -- 34 1 whether or not this applicant had the judgment to 2 be responsible with this license. To have a 3 history as such, to be granted a license and then 4 come back before the committee with the same 5 issues, a number of different new things on his 6 application, that's a hard pill to swallow. 7 PRESIDENT HINES: Thank you, Alderman. 8 The chair recognizes Alderman Puente. 9 ALDERMAN PUENTE: Thank you, Mr. 10 President. Obviously, these are very serious 11 allegations against the applicant. Obviously, 12 there is no testimony that there were OWIs, or 13 should not have taken into consideration OWIs in 14 the last two periods as stated by Alderwoman 15 Coggs. Again, the finding of facts are what 16 Alderman Bohl says, the battery, DC and resisting. 17 And again, those are very serious charges, but I 18 look at this as progressive discipline whenever 19 possible. And I believe this is one of those 20 times where you took into consideration OWIs last 21 time and just gave him a warning letter. And now 22 you take these three or four items into 23 consideration and it's a nonrenewal. 24 I believe we should give this individual 25 a chance. He has testified that he is not 35 1 drinking anymore. And I agree with Alderwoman 2 Coggs that when he said he was weaning himself off 3 of alcohol, when he was told to -- that he would 4 probably die within three years, is a very serious 5 concern for me. But again, however, given the 6 facts that I have here, I think he deserves to get 7 renewed with a 90-day suspension. There is no 8 testimony that those OWIs had anything to do with 9 him in his job being a bartender or any of this 10 other testimony. Thank you. 11 PRESIDENT HINES: Thank you, Alderman. 12 Again, the motion is a 90-day suspension that's 13 been put forth by Alderman Puente. The chair 14 recognizes Alderwoman Coggs. 15 ALDERWOMAN COGGS: It is my 16 understanding that, as stated in the finding of 17 fact with the previous OWIs, that the entire 18 police record was taken into the record at 19 committee. Thank you. 20 PRESIDENT HINES: Thank you. With that 21 being the case, there are no additional lights at 22 this point in time. Mr. City Clerk, please call 23 the roll. 24 CITY CLERK: On the amendment for a 25 90-suspension, Alderman Hamilton. 36 1 ALDERMAN HAMILTON: No. 2 CITY CLERK: Kovac. 3 ALDERMAN KOVAC: Aye. 4 CITY CLERK: Bauman. 5 ALDERMAN BAUMAN: Aye. 6 CITY CLERK: Bohl. 7 ALDERMAN BOHL: Aye. 8 CITY CLERK: Coggs. 9 ALDERWOMAN COGGS: No. 10 CITY CLERK: Wade. 11 ALDERMAN WADE: Aye. 12 CITY CLERK: Donovan. 13 ALDERMAN DONOVAN: No. 14 CITY CLERK: Puente. 15 ALDERMAN PUENTE: Aye. 16 CITY CLERK: Murphy. 17 ALDERMAN MURPHY: No. 18 CITY CLERK: Dudzik. 19 ALDERMAN DUDZIK: Aye. 20 CITY CLERK: Witkowiak. 21 ALDERMAN WITKOWIAK: Aye. 22 CITY CLERK: Witkowski, excused. 23 Zielinski. 24 ALDERMAN ZIELINSKI: No. 25 CITY CLERK: Mr. President. 37 1 PRESIDENT HINES: Aye. 2 CITY CLERK: 8 ayes, 5 nos, 2 excused. 3 PRESIDENT HINES: 8 ayes, 5 nos. The 4 motion fails because there has to be 12 votes to 5 support that. Thank you. With that, are there 6 any additional motions relative to -- the chair 7 recognizes Alderman Puente. 8 ALDERMAN PUENTE: Thank you, Mr. 9 President. Notwithstanding the recommendation of 10 the license committee regarding the Class B Tavern 11 License of Rafael Molinari for the premises 12 located at 1503 West Arthur, I would recommend a 13 90-day suspension versus the nonrenewal. Thank 14 you. 15 PRESIDENT HINES: Thank you. The motion 16 by Alderman Puente is a 90-day suspension of Mr. 17 Molinari's licenses at the location of 1503 West 18 Arthur Avenue. Any discussion on the motion? The 19 chair recognizes Alderman Witkowiak. 20 ALDERMAN WITKOWIAK: Thank you, Mr. 21 President, members. Relative to 1503 West Arthur, 22 this place has been a thorn in the side of this 23 neighborhood for three years since Mr. Molinari 24 took over the bar. When he first took over, I met 25 with him, and I told him the most important thing 38 1 that he had to do was be cognizant of the effect 2 that bar has on the surrounding neighbors because 3 this bar is right in the middle of a residential 4 neighborhood, completely surrounded by residences. 5 Now, the argument that, "Well, there was 6 only two people down there and one was not 7 credible." Um, I feel both witnesses were 8 credible. This is three years in a row that the 9 neighbors came down and complained. Last year 10 there was a significant number of people that came 11 down and voiced the same complaints. The 12 committee to -- I was greatly disappointed that 13 they only issued a warning letter with 14 significant, significant, I may add, neighborhood 15 testimony. Actually, of all the bars in my 16 district that have come, that have been called to 17 the table with the neighbors being notified, this 18 is the place that has had the most significant 19 neighborhood complaints over the years. 20 Now, the reason only two people came 21 this year was because the other people have burned 22 themselves out from coming, and they said, "Well, 23 we're going to show up, we're going to give our 24 testimony. The committee is not going do anything 25 to them, and the bar is going to stay open." I 39 1 know that some will argue, they'll say, "Well, 2 there is no police record involved here." If you 3 listened to Alderman Bohl's questioning of the 4 city attorney, people call up and they'll say, 5 "15th and Arthur, there is noise at the tavern." 6 This doesn't -- in most cases, this doesn't get 7 written against the place. And sometimes, in 8 fact, it would -- on a CAD report, it would be 9 written against the address of the caller. 10 They'll say, "What's your address?" and it will 11 be written against them. So for somebody to say 12 that, "Well, the police weren't called," or "It's 13 possible that people that said that they called 14 were lying." That, I don't believe that at all. 15 We have been working on this for three years. 16 After the testimony that was given last 17 year and the year before, Mr. Molinari, the 18 applicant, has done absolutely nothing to 19 straighten these problems out. He has done 20 absolutely nothing to address the noise problems 21 at closing time. He has done absolutely nothing 22 that was in the testimony, of the testimony of the 23 neighbors. And it's up to us to guarantee the 24 peaceful enjoyment of the neighborhood for these 25 people. 40 1 The most credible testimony came from a 2 neighbor that lives across the street, 3 kiddy-corner. He is a pastor, and he testified 4 he's not anti-alcohol, because you find this in 5 some of the hearings, especially when I sat on the 6 council, you would have people come and object 7 simply because the applicant was vending alcohol. 8 This is not the case, as the Pastor testified. 9 But the problems persist. 10 The year before, his wife, who has 11 significant physical problems, came down and 12 testified. It was even difficult for her to get 13 to committee. How many times that she was woken 14 up, and I believe the Pastor testified that he is 15 more of a sound sleeper than his wife is, but she 16 was there the year before. 17 So, in -- last year after all this 18 neighborhood testimony, there was only warning 19 letter issued. And the reasoning the committee 20 gave at this time was that, "Well, there was no 21 police report." It's my feeling, and all the 22 years that I spent, well over 12 years, on the 23 licenses committee and chairing it for four years, 24 to me, the neighborhood testimony is more 25 significant than any police report, credible 41 1 neighborhood testimony, and that's what we had 2 here. 3 So if we allow this place to continue to 4 stay open, we're saying, "Okay, you can run 5 roughshod across your neighborhoods, and the 6 council will turn it's head because we don't have 7 a police report, and we're not going to do 8 anything about it." 9 So are we sending a strong message here? 10 Absolutely. Is this message too strong? Based on 11 the past and the history of this place in the past 12 year and the overall history of this place, it is 13 not too strong. These neighbors that live in this 14 neighborhood deserve relief. This applicant 15 was -- besides the official warning letter that he 16 received, with all the testimony in the previous 17 years that came across the table and nothing, 18 nothing, nothing was done to give this 19 neighborhood any relief. 20 So I urge that the council uphold the 21 recommendations of the committee. Thank you. 22 PRESIDENT HINES: Thank you, Alderman. 23 The chair recognizes Alderwoman Coggs. 24 ALDERWOMAN COGGS. I'm sorry. 25 PRESIDENT HINES: I'm sorry. I 42 1 apologize. It's Alderman Wade. 2 ALDERMAN WADE: Thank you, Mr. 3 President. Just for people who may be watching at 4 home, I just want to make sure from the city clerk 5 that this ruling has a different threshold than 6 the ruling before because the committee vote was 7 4-0 and this one was 2-3. So it went from a 8 three-fourths vote to a majority, is that correct? 9 PRESIDENT HINES: Thank you, Alderman. 10 The chairman was going to make that clarification 11 at the appropriate time. 12 ALDERMAN WADE: Because I know people 13 that will watch this on TV and say the exact same 14 thing is happening, how come -- I just want to 15 make sure the people understand this is a 16 different circumstance. 17 PRESIDENT HINES: And I want members to 18 understand this is a different circumstance. We 19 will take the simple majority under this one. The 20 chair recognizes Alderman Bohl. 21 ALDERMAN BOHL: Thank you, Mr. 22 President. Mr. President, I would follow suit of 23 Alderman Witkowiak in urging members to vote 24 against the motion and to sustain the vote of the 25 committee. 43 1 I was one of the three members that 2 voted to non-renew -- make a recommendation to 3 non-renew the license. I will say that I also 4 voted against the recommendation in the previous 5 year believing that a much more severe and 6 stringent sanction should have been merited based 7 upon the continuous testimony. 8 Like Alderman Witkowiak, who has served 9 multiple terms on the committee, and during the 10 time in which Alderman Witkowiak was chairing and 11 I was vice chairing the committee here a couple 12 years ago, we had the substantial testimony that 13 was provided then, and he was aware of that. 14 Last year, four members, we had four new 15 members on the committee, and they were not privy 16 to the continuation of the testimony there. So 17 for those members, it was brand new. 18 I additionally will say this much, and I 19 concur fully with Alderman Witkowiak about the 20 merit that I hold neighborhood testimony versus 21 police reports. I believe that very credible 22 neighborhood testimony to have substantial weight 23 versus the police reports. Because when we talk 24 about quality-of-life calls, an individual calling 25 into the police department because there are 44 1 squealing cars or loud noise that is waking them 2 on a nightly basis, the problem is, Mr. President, 3 that this is providing a priority-five call to the 4 Milwaukee Police Department. And on a typical 5 Friday or Saturday night, you could have 6 individuals, when a bar closes, have 15, 20 7 minutes of screaming, yelling, whatever the 8 situation may be. The likelihood that the 9 Milwaukee Police Department is going to be 10 available and respond in that 15-minute time frame 11 on a typical Friday or Saturday evening going into 12 the following morning is pretty remote. And as a 13 result, those individuals make that call and what 14 they get is typically, the typical response is you 15 will get a call back from the Milwaukee Police 16 Department an hour-and-a-half or two hours later 17 at 4:00 in the morning saying, "Hey, we've got a 18 squad that is freed up. Are you still having 19 noise problems?" And when the individual says, 20 "No," it goes down as a call not necessary. 21 So if an individual calls to 15th and 22 Arthur based on this bar and says that it's a 23 continuation of that loud noise, and they get a 24 call two hours later when the problem has 25 subsided, it doesn't mean that their evening has, 45 1 that have been woken unnecessarily in their sleep, 2 it doesn't mean that this bar is not a continual 3 disturbance to the quality of life for those 4 neighbors. 5 And I'll tell you that individuals who 6 do that time and time again get very, very 7 frustrated at the nonresponse. And it's not a 8 faulting of the police department. The police 9 department must prioritize its response. But as 10 Alderman Witkowiak stated in his comments here, it 11 provides all the more credence for the fact that 12 the neighbors who come in and provide sworn 13 testimony, that the committee's consideration of 14 that testimony and the credibility of those 15 witnesses is something that ought to be held in 16 high regard, and that is something that I do hold. 17 And I think as a newer committee, that 18 it is something that this committee is holding in 19 greater appreciation as they have gotten more and 20 more testimony and more time at the committee 21 level. So I would urge members to support the 22 motion of the committee. 23 Just one other point that I want to 24 make, the pastor did indicate that in his 25 parsonage, which is on actually the backside of 46 1 the building, that he is a very deep sleeper. 2 What I will say is his wife has come on previous 3 occasions to testify. She is an individual who is 4 very frail. She has very, very poor health. The 5 loud noise is very problematic to her, and I don't 6 know, but I know that in previous times, she had 7 expressed a difficulty in being able to physically 8 get to the committee hearing because of her 9 ailment and condition. I can't speculate that 10 that was the case there, but I will just say that 11 I know that it is a situation where we've heard 12 these neighbors year in and year out. And my 13 frustration is a personal belief that the 14 applicant perhaps is an individual who does not 15 respond adequately to the situations and may be 16 much too much a hands-off person in a situation 17 where a tavern is sitting right in the midst of a 18 residential neighborhood where it's densely packed 19 and the residential homes are right on top of 20 this. The bar is right on top of the residential 21 homes. I think there has been ample opportunity 22 for the applicant to address the situation, and I 23 don't believe that has been adequately addressed. 24 Thank you, Mr. President. 25 PRESIDENT HINES: Thank you, Alderman. 47 1 The chair recognizes Alderman Kovac. 2 ALDERMAN KOVAC: Thank you, Mr. 3 President. As one of the two no votes in 4 committee, I am going to support this motion 5 because this is more like the motion I would have 6 made in committee. But I want to emphasize that 7 I'm not supporting a long suspension instead of 8 nonrenewal because I think the neighborhood 9 testimony was not credible. I thought the 10 neighbors' testimony was extremely credible over 11 the past two years. 12 I will say that Ms. Palma may have -- 13 certain things she said were hearsay and rumored. 14 And their attorney did not cross examine her, but 15 I did, and I tried to pin her down and say, "What 16 did you really see?" And so, she did say that she 17 saw secondary evidence of cocaine use but not 18 necessarily cocaine use itself. I do agree with 19 their attorney that if the rumors that she reports 20 are as true as she claims, the police department 21 ought to be able to do a sting there very easily. 22 But she did testify to a number of things, about 23 noise and about fights, or at least a fight, and 24 about people outside, that were credible. And 25 there was quite a bit of evidence from the pastor 48 1 and from Ms. Palma and especially from Alderman 2 Witkowiak who testifies it's a thorn in his side, 3 and he gets more complaints than any other bar. 4 That's compelling testimony that the committee 5 needs to take into account. 6 And even though we gave a warning letter 7 last year based on similar complaints, the whole 8 point of a warning letter is we say, "You're 9 warned. Now change." They were warned, and they 10 didn't change. So certainly to jump from a 11 warning letter to a 90-day suspension is, in this 12 case, I think more than warranted, or at least is 13 warranted because they were warned and did not 14 respond to the warning. And frankly, if we get 15 similar complaints next year, I will be more than 16 happy to support nonrenewal. 17 PRESIDENT HINES: Thank you, Alderman. 18 The chair recognizes Alderman Puente. 19 ALDERMAN PUENTE: Thank you, Mr. 20 President. I too, served on the licenses 21 committee for several years, now that everybody is 22 throwing that out there. The one thing that I 23 looked at when serving on there was continuity. 24 And it can be very hard to do, but given certain 25 circumstances, similar circumstances taking into 49 1 the consideration the finding of fact, which 2 includes the testimony of the neighborhood, which 3 includes the police report, which includes any 4 other testimony by the alderman, any type of 5 photographs, videos, whatever, it's the whole 6 package that you have to take into consideration. 7 And when I looked at this, and I looked at, as the 8 alderman in the district said, there were no 9 police reports last time. There were five people 10 who came and testified, and basically as the 11 Assistant City Attorney said, it was similar 12 complaints from the same location. Given all 13 those facts, and that it was given a warning 14 letter, and now this time, again, given the 15 similar circumstances and less testimony by the 16 neighbors, I just don't see how we catapult from a 17 warning letter to nonrenewal given the facts. 18 I understand how difficult it is for 19 people to come down and testify, but then we all 20 know how important it is for those people to come 21 down and testify. And to say that these people 22 were burnt out after just coming down one time, I 23 mean, I know people that have come down numerous 24 times and continue to do it. But it's that 25 commitment that helps us to make those decisions 50 1 for nonrenewal or any other type of discipline. 2 I really have a problem basing 3 nonrenewal on just neighborhood objections of two 4 people. There is, again, no police report. There 5 was nothing really done the last time even though 6 there was probably more testimony. And as the 7 alderman said, there was significant testimony 8 last year, and again, there was just a warning 9 letter. Where is the continuity? I mean, just 10 like the previous license, that's the same reason 11 I did that. I'm looking for some continuity. How 12 do we go from warning letter to nonrenewal? How 13 do people make adjustments and say, "Well, we'll 14 give you a warning letter this time, but if you 15 don't do it, well, guess what? There is nothing 16 in between anymore. It's nonrenewal." Whatever 17 happened to progressive discipline? And that's 18 why I'm doing what I'm doing. Again, just a 19 little better continuity. 20 I know it's a very hard job sitting on 21 the license division. I'm not second guessing 22 anybody with their decision-making. So I hope the 23 people support the 90-day suspension. I think 24 that's more appropriate given the findings of 25 fact. Thank you. 51 1 PRESIDENT HINES: Thank you, Alderman. 2 The chair recognizes Alderman Hamilton, 3 ALDERMAN HAMILTON: Thank you, Mr. 4 Chair. Actually, I'm going to make this pretty 5 brief because I agree with many of the comments 6 that have already been said, but I just want to 7 speak to the -- just to the idea of continuity and 8 progressive discipline, and I believe in 9 progressive discipline as well. And each member 10 of the council, you know, takes into consideration 11 different things when they're taking these issues 12 up. But I think it is extremely important for 13 people who are sitting on the committee to take 14 credibility and the fact that the applicants that 15 come before us, we have to judge whether or not 16 there is going to be any change with the type of 17 discipline that we are putting forward. And if 18 there is no faith that there is going to be any 19 change in the behavior that's happening in those 20 neighborhoods, then it is not incumbent upon us to 21 use progressive discipline. If there is no faith 22 that there is not going to be any change based on 23 previous activity at this location, then the 24 applicant's activity and responsiveness to the 25 alderman's office, to the police department, to 52 1 neighbors in the neighborhood, then they don't 2 necessarily deserve a second chance. 3 So we're not bound to progressive 4 discipline if the facts before us move us into a 5 different direction. And in this case, it moved 6 us in a different direction. The majority of the 7 members on the committee felt as if there was 8 going to be no change in activity, and we did not 9 wish to put the neighborhood through another year 10 of torture simply because we didn't have a police 11 report. Their testimony was weighed much more 12 heavily than a police report. 13 PRESIDENT HINES: Thank you, Alderman. 14 The chair recognizes Alderman Puente. 15 ALDERMAN PUENTE: Thank you, Mr. Chair. 16 In response, I concur with Alderman Hamilton. 17 However, again, there has been precedents set, if 18 you will, regarding these licenses decisions that 19 we have made. And again, I have sat on it, other 20 people have sat on it, and I have seen less 21 discipline done when there have been more people 22 testifying, when there have been police reports. 23 I mean, we have had shootings and the person got 24 their license back. I mean, again, I'm just 25 looking for a balance. 53 1 I'm not saying what they did was wrong, 2 I'm just saying that let's get a balance in here. 3 And we can debate this all day, and we could bring 4 up case after case. But again, I think it 5 behooves us as a common council to make sure we're 6 doing everything we can to treat people fairly and 7 equally based on the findings of facts. Not, 8 "Well, what if this? Yeah, I can," -- you know, I 9 can say, "Yeah, it was here," but we have nothing 10 to verify that, nothing to substantiate that this 11 incident happened at this location. How many 12 times have we had people say, "Well, did you see 13 it happen?" And if you don't see it, and I'm sure 14 the Assistant City Attorney will agree with me, 15 that you have to have testimony that people saw 16 whatever they are testifying to, not hearsay, not 17 innuendoes. "Well, I heard coming from this 18 area -- I saw somebody leaving, but I didn't see 19 him coming out of that bar," or "didn't go into 20 that bar," or whatever like that. That's all I'm 21 trying to say at this time. 22 So again, yes, you do take all that into 23 consideration, and yes, I did when I did the 24 90-days, otherwise, I would have probably done 25 something less. But I understand the things they 54 1 took into consideration, and rightly so, that he 2 did not take corrective action. But I do believe 3 that in giving a 90-day suspension that he will 4 correct it, and if not, as Alderman Kovac said, 5 next year is another day. If he doesn't take care 6 of it now, I will be fully in support of 7 suspension if he doesn't take corrective action. 8 Thank you. 9 PRESIDENT HINES: Thank you, Alderman. 10 No addition comments at this time. I'm going to 11 subject it to a roll call vote. As indicated 12 earlier, this will take a simple majority, which 13 would be eight votes, differently than the one 14 previously. Mr. City Clerk, please call the roll 15 on the 90-day suspension. 16 CITY CLERK: Alderman Hamilton. 17 ALDERMAN HAMILTON: No. 18 CITY CLERK: Kovac. 19 ALDERMAN KOVAC: Aye. 20 CITY CLERK: Bauman. 21 ALDERMAN BAUMAN: No. 22 CITY CLERK: Bohl. 23 ALDERMAN BOHL: No. 24 CITY CLERK: Coggs. 25 ALDERWOMAN COGGS: Aye. 55 1 CITY CLERK: Wade. 2 ALDERMAN WADE: Abstain. 3 CITY CLERK: Donovan. 4 ALDERMAN DONOVAN: No. 5 CITY CLERK: Puente. 6 ALDERMAN PUENTE: Aye. 7 CITY CLERK: Murphy. 8 ALDERMAN MURPHY: Aye. 9 CITY CLERK: Dudzik. 10 ALDERMAN DUDZIK: Aye. 11 CITY CLERK: Witkowiak. 12 ALDERMAN WITKOWIAK: No. 13 CITY CLERK: Witkowski, excused. 14 Zielinski. 15 ALDERMAN ZIELINSKI: No. 16 CITY CLERK: Mr. President. 17 PRESIDENT HINES: No. No to aye. 18 CITY CLERK: 6 ayes and 6 nos, 2 excused 19 and 1 abstention. 20 PRESIDENT HINES: 6 ayes and 6 nos, 2 21 excused and 1 abstention, and it fails. Chair 22 recognizes Alderwoman Coggs. 23 ALDERWOMAN COGGS: Aye to no. 24 PRESIDENT HINES: I'm sorry? 25 ALDERWOMAN COGGS: Aye to no. Can I 56 1 switch it? 2 PRESIDENT HINES: Not without -- I'm 3 sorry, it wouldn't occur without unanimous 4 consent, and it would change the outcome. I'm 5 sorry, it would change the outcome. 6 ALDERWOMAN COGGS: It would change the 7 outcome? 8 PRESIDENT HINES: Well, it's 6-6. It 9 would change. 10 CITY CLERK: Aye to no. 11 PRESIDENT HINES: Yours was an "aye"? 12 ALDERWOMAN COGGS: Yeah. 13 PRESIDENT HINES: I'm sorry, it would -- 14 I apologize. It's still a unanimous consent only 15 because the roll call had previously been taken 16 and announced. So are there any objections to aye 17 to no on behalf of the alderwoman? Yes, there 18 are. With that being the case, we will continue 19 to move forward. Are there any additional motions 20 relative to the license report on Item No. 4? The 21 chair recognizes Alderman Bauman. 22 ALDERMAN BAUMAN: Thank you, Mr. 23 President. Also in connection with File No. 24 090696 referring to Item 4, I move to amend the 25 recommendations relating to the Class B Tavern and 57 1 Tavern Amusement Licenses of Habib Manjee, agent 2 for Lady Bug Club, LLC, for the premises located 3 at 622 North Water Street. So that instead of a 4 20-day suspension for both the Class B and Tavern 5 Amusement Licenses, both licenses would be 6 suspended for 60 days. If I may be heard on that? 7 PRESIDENT HINES: That is an appropriate 8 motion. On the motion, the chair recognizes 9 Alderman Bauman. 10 ALDERMAN BAUMAN: Thank you, Mr. 11 President. We've had a considerable discussion 12 about principles of progressive discipline today 13 as we've had in the past with respect to licensing 14 matters. And I am urging that that principle be 15 extended to this establishment. 16 This establishment was first licensed in 17 November of 2004. Their first license year they 18 were renewed without even a hearing. There were 19 no objections, no police objections, no 20 neighborhood objections. 21 The second year they were renewed with a 22 warning letter. 23 The third year, November of 2006, they 24 were renewed with a warning letter. 25 The 2008 renewal, which was a year ago, 58 1 there were eight items on their police report, 2 PA-33s, filed by Milwaukee Police Department. 3 There were neighborhood objections, there were 4 aldermanic concerns, and a 45-day suspension was 5 recommended. 6 This year there were 18 items on the 7 police report, basically a doubling of the PA-33s 8 that have been filed. The Milwaukee Police 9 Department formally appeared in the person of 10 Captain Mitchell and recommended to the committee 11 that the license not be renewed. This was the 12 first time in my six years representing downtown 13 Milwaukee, in over 220 licenses in downtown 14 Milwaukee, that the Milwaukee Police Department 15 has appeared and officially taken the position in 16 opposition to renewal of a license. The local 17 alderman objected to renewal of the license. 18 There was also neighborhood testimony in objection 19 objecting to the license, and a 20-day suspension 20 was recommended. 21 I'm just requesting progressive 22 discipline. As I indicated in my closing 23 comments, this establishment started out rather 24 benign. It was an asset to the community. It was 25 an asset to the downtown entertainment scene. It 59 1 offered a variety of entertainment choices, which 2 was a positive thing for downtown. Its first 3 couple years of operation were uneventful, were 4 positive. It has become an increasing problem, an 5 expanding problem, a progressively worse problem 6 in terms of crowd control, in terms of disorder, 7 in terms of behavior of patrons. And I am simply 8 requesting that the full council abide by its 9 longstanding principle, granted there are 10 exceptions, an exception would be nonrenewal. 11 Today, I'm requesting an extension of the 12 principle of progressive discipline to this 13 license, and I'm requesting a 60-day suspension 14 instead of the 20-day suspension. Thank you. 15 PRESIDENT HINES: Thank you, Alderman. 16 Again, the motion that's been put forth by 17 Alderman Bauman is, in spite of the recommendation 18 by the licenses committee, which is a 20-day 19 suspension, he is putting forth a substitute 20 motion. He is putting forth a 60-day suspension. 21 On the motion that has been put forth by Alderman 22 Bauman, any discussion? The chair recognizes 23 Alderwoman Coggs. 24 ALDERWOMAN COGGS: I will not be 25 supporting the motion, but I do want to say this: 60 1 In the year-and-a-half I have been on committee, I 2 have never seen -- I believe it's nine or ten of 3 the items, because initially when I read the 4 items, I was thinking, "Wow, this is a lot," but I 5 believe it was nine or ten of them are simply 6 police doing crowd control. Now, I, along with 7 other members I'm sure, know that police do crowd 8 control in a lot of club areas in the City of 9 Milwaukee. And when those clubs come up for 10 renewal, I've never seen it counting as a PA-33. 11 And in talking to the police captain, we asked 12 why, why isn't this a nuisance property since you 13 have so many police records? Why aren't they 14 paying for some of these services, and that whole 15 kind of thing, and he said because they designated 16 this area and a couple others for a task force, 17 and all of this kind of thing, which is fine. But 18 I just, for me, find it difficult to hold it 19 against an establishment because of its size, and 20 like I said, nine or ten of the things on the 21 police report were simply -- it's no, no fighting, 22 it's the police coming to do crowd control and 23 because I know for a fact they do it at other 24 places, and I have never seen, to my knowledge, 25 call it being as a PA-33. I, for one, cannot hold 61 1 those particular ones against the establishment. 2 The other one is this: The most 3 egregious thing on the report to me was a shooting 4 that occurred. But it was astounding to me to see 5 the person who was actually shot come to testify 6 to say he was never in the club, and that, in 7 fact, the owners helped him. He believes the 8 security saved his life by stopping the blood 9 flow. 10 Having said that, yes, there is still 11 work that needs to be done there, but to the 12 degree of 60 days is not something that I can 13 support. Thank you. 14 PRESIDENT HINES: Thank you, Alderwoman. 15 No additional comments relative to the motion 16 that's been put forth by Alderman Bauman. Will 17 the city clerk please call the roll? 18 CITY CLERK: On the amendment for a 19 60-day suspension, Alderman Hamilton. 20 ALDERMAN HAMILTON: No. 21 CITY CLERK: Kovac. 22 ALDERMAN KOVAC: No. 23 CITY CLERK: Bauman. 24 ALDERMAN BAUMAN: Aye. 25 CITY CLERK: Bohl. 62 1 ALDERMAN BOHL: Aye. 2 CITY CLERK: Coggs. 3 ALDERWOMAN COGGS: No. 4 CITY CLERK: Wade. 5 ALDERMAN WADE: No. 6 CITY CLERK: Donovan. 7 ALDERMAN DONOVAN: Aye. 8 CITY CLERK: Puente. 9 ALDERMAN PUENTE: Aye. 10 CITY CLERK: Murphy. 11 ALDERMAN MURPHY: Aye. 12 CITY CLERK: Dudzik. 13 ALDERMAN DUDZIK: Aye. 14 CITY CLERK: Witkowiak. 15 ALDERMAN WITKOWIAK: Aye. 16 CITY CLERK: Witkowski. 17 ALDERMAN WITKOWSKI: Aye. 18 CITY CLERK: Zielinski. 19 ALDERMAN ZIELINSKI: Aye. 20 CITY CLERK: Mr. President. 21 PRESIDENT HINES: Aye. 22 CITY CLERK: 10 ayes, 4 nos, 1 excused. 23 PRESIDENT HINES: 10 ayes, 4 nos, 1 24 excused. The motion carries. 25 Are there any additional motions 63 1 relative to these matters? There is no further 2 discussion, I request a vote of those council 3 members present to move the recommendations of the 4 licenses committee as contained in File No. 5 090695 (sic). Will the city clerk please call the 6 roll? But before he does, Alderman Hamilton's 7 light came on. Mr. Hamilton. 8 ALDERMAN HAMILTON: Mr. Chair, I just 9 really wanted to make a comment on the 10 following -- general. Because I know we had a 11 number of files that came up before the council 12 today that raised a lot of questions about the 13 consistency about the committee. And I just 14 wanted to let the council know that, by and large, 15 most of the items that come before the licensing 16 committee have a great deal of consistency. The 17 ones that we end up debating here on the council 18 floor are controversial. And we probably feel 15 19 different ways about it, but ultimately, we have 20 to come to some conclusion on how we are going to 21 vote on those matters, and there can only be one 22 outcome. And, you know, those that come before 23 this committee, they're only a handful of them 24 compared to the dozens that come through each 25 cycle and the hundreds that come through 64 1 throughout the year. 2 And so, because we have a couple 3 conversations about, and some disagreements about 4 a few files that come before the council, by and 5 large, there is a sense of consistency. I think 6 the committee members are well aware of the 7 difficulty of making judgment calls on these 8 files, and by and large, work together pretty well 9 in trying to represent the different concerns of 10 the council. 11 And you know, a few files that came 12 before the council today pulled us in some 13 different directions, but we really should thank 14 the committee and the committee chairman for 15 running a pretty tight ship. 16 PRESIDENT HINES: Thank you, Alderman. 17 I think that is an appropriate comment. Again, I 18 think, I know with certainty that each member is 19 truly committed to their tasks. And of course, 20 that doesn't take away from the commitment other 21 council members have to order and activities that 22 center around the establishments as such. I know 23 that they, too, are equally as committed. 24 And I will say this though, while there 25 are some contested items, when they come here, I 65 1 do know with certainty that each member brings 2 their level of appreciation. But I will say 3 though that there has been a decline in the 4 contested items that come before this council. 5 And I say that because I would say that it speaks 6 to the commitment of committee members and other 7 members of the council that go before the body. 8 It's important to do the homework there and that 9 has minimized us having to do it here. So I 10 commend the committee and other interested 11 aldermen and alderwoman that does outstanding jobs 12 in their district. 13 With that being the case, Mr. City 14 Clerk, please call the roll. 15 CITY CLERK: On the file as amended, 16 Alderman Hamilton. 17 ALDERMAN HAMILTON: Aye. 18 CITY CLERK: Kovac. 19 ALDERMAN KOVAC: Aye. 20 CITY CLERK: Bauman. 21 ALDERMAN BAUMAN: Aye. 22 CITY CLERK: Bohl. 23 ALDERMAN BOHL: Aye. 24 CITY CLERK: Coggs. 25 ALDERWOMAN COGGS: Aye. 66 1 CITY CLERK: Wade. 2 ALDERMAN WADE: Aye. 3 CITY CLERK: Donovan. 4 ALDERMAN DONOVAN: Aye. 5 CITY CLERK: Puente. 6 ALDERMAN PUENTE: Aye. 7 CITY CLERK: Murphy. 8 ALDERMAN MURPHY: Aye. 9 CITY CLERK: Dudzik. 10 ALDERMAN DUDZIK: Aye. 11 CITY CLERK: Witkowiak. 12 ALDERMAN WITKOWIAK: Aye. 13 CITY CLERK: Witkowski. 14 ALDERMAN WITKOWSKI: Aye. 15 CITY CLERK: Zielinski. 16 ALDERMAN ZIELINSKI: Aye. 17 CITY CLERK: Mr. President. 18 PRESIDENT HINES: Aye. 19 CITY CLERK: 14 ayes, 1 excused. 20 PRESIDENT HINES: 14 ayes, 1 excused. 21 The file is adopted. Is there any discussion on 22 any of the other items on this report? Hearing 23 none and seeing none, Alderman Bohl moves for the 24 adoption of the recommendations of the licenses 25 committee report. Will the city clerk, please 67 1 call the roll? 2 CITY CLERK: Alderman Hamilton. 3 ALDERMAN HAMILTON: Aye. 4 CITY CLERK: Kovac. 5 ALDERMAN KOVAC: Aye. 6 CITY CLERK: Bauman. 7 ALDERMAN BAUMAN: Aye. 8 CITY CLERK: Bohl. 9 ALDERMAN BOHL: Aye. 10 CITY CLERK: Coggs. 11 ALDERWOMAN COGGS: Aye. 12 CITY CLERK: Wade. 13 ALDERMAN WADE: Aye. 14 CITY CLERK: Donovan. 15 ALDERMAN DONOVAN: Aye. 16 CITY CLERK: Puente. Murphy. 17 ALDERMAN MURPHY: Aye. 18 CITY CLERK: Dudzik. 19 ALDERMAN DUDZIK: Aye. 20 CITY CLERK: Witkowiak. 21 ALDERMAN WITKOWIAK: Aye. 22 CITY CLERK: Witkowski. 23 ALDERMAN WITKOWSKI: Aye. 24 CITY CLERK: Zielinski. 25 ALDERMAN ZIELINSKI: Aye. 68 1 CITY CLERK: Puente, excused. Mr. 2 President. 3 PRESIDENT HINES: Aye. The chair 4 recognizes Alderman Bohl. 5 ALDERMAN BOHL: Mr. President, I just 6 wanted to be recorded as a "no" vote on the 7 committee decision on Jerseys Sports Bar. If I 8 could be recorded as a "no" vote on that? 9 PRESIDENT HINES: Let the record reflect 10 Alderman Bohl's objection to that applicant. 11 CITY CLERK: Committee report 13-2. 12 PRESIDENT HINES: On the committee 13 report adoption, 13 ayes, 2 excused. And we'll 14 let the record reflect Alderman Bohl's objection 15 to the Jersey item. Thank you. 16 Alderman Donovan will now present the 17 report on the Public Safety Committee. 18 CITY CLERK: The Public Safety Committee 19 recommends approval of File No. 090831. Motion to 20 approve the recommendations of the Public Safety 21 Committee relative to licenses. 22 Included in the file are the following 23 recommendations: 24 Renewal with a 45-day suspension based 25 on the police report and driver's record of the 69 1 public passenger vehicle driver's license of 2 Manjit Singh. 3 Renewal with a 90-day suspension based 4 on the police report and driver's report of the 5 public passenger vehicle driver's license of Ayesh 6 Ayesh. No written objections have been filed. 7 PRESIDENT HINES: The chair recognizes 8 Alderman Donovan. 9 ALDERMAN DONOVAN: Thank you, Mr. 10 President. Mr. President, I move to return the 11 following item to committee despite the 12 recommendation of the committee. Anthony Wilson, 13 agent for Security Monitoring Services, a private 14 alarm system business application for Criticom 15 Monitoring Service. This was originally on the 16 agenda-only list with a warning letter, but now 17 some additional information from the Milwaukee 18 Police Department has come forward, and so we are 19 requesting it be sent back to committee. 20 PRESIDENT HINES: Thank you. That's an 21 appropriate motion. Are there any objections to 22 Alderman Donovan's motion relative to sending this 23 matter and item back before the committee? Seeing 24 and hearing none, the motion carries. Please 25 continue, Mr. City Clerk. 70 1 Have the members of the Common Council 2 read the report and the recommendations of the 3 Public Safety Committee and these matters? Roll 4 call, please. 5 CITY CLERK: Alderman Hamilton. 6 ALDERMAN HAMILTON: Aye. 7 CITY CLERK: Kovac. 8 ALDERMAN KOVAC: Aye. 9 CITY CLERK: Bauman. 10 ALDERMAN BAUMAN: Aye. 11 CITY CLERK: Bohl. 12 ALDERMAN BOHL: Aye. 13 CITY CLERK: Coggs. 14 ALDERWOMAN COGGS: Aye. 15 CITY CLERK: Wade. 16 ALDERMAN WADE: Aye. 17 CITY CLERK: Donovan. 18 ALDERMAN DONOVAN: Aye. 19 CITY CLERK: Puente. 20 ALDERMAN PUENTE: Aye. 21 CITY CLERK: Murphy. Dudzik. 22 ALDERMAN DUDZIK: Aye. 23 CITY CLERK: Witkowiak. 24 ALDERMAN WITKOWIAK: Aye. 25 CITY CLERK: Witkowski. 71 1 ALDERMAN WITKOWSKI: Aye. 2 CITY CLERK: Zielinski. 3 ALDERMAN ZIELINSKI: Aye. 4 CITY CLERK: Alderman Murphy, excused. 5 Mr. President. 6 PRESIDENT HINES: Aye. 7 CITY CLERK: 14 ayes, 2 excused. 8 PRESIDENT HINES: 14 ayes, 2 excused. 9 Are there any motions relative to these matters? 10 Seeing and hearing none, are there any 11 discussions? Seeing and hearing no discussion, I 12 would request the vote of those council members 13 present to approve the recommendations of the 14 Public Safety Committee as contained in file No. 15 090831. Mr. City Clerk, please call the roll. 16 CITY CLERK: Mr. President, before, on 17 the previous roll call, the correct result was, on 18 reading the report was 13 ayes and 2 excused. 19 PRESIDENT HINES: Let the record reflect 20 there were 13 ayes and 2 excused. The chair 21 recognizes Alderman Murphy. 22 ALDERMAN MURPHY: Yes, if I was one of 23 those excused, can I be reported in the 24 affirmative? 25 PRESIDENT HINES: Yes. Thank you. That 72 1 will be changed to 14 ayes, 1 excused in terms of 2 those members whether or not they have read the 3 report or not. With that being the case, there 4 are no additional motions, no further discussions. 5 On the file, I request a roll call vote 6 by the Public Safety Committee on the information 7 contained in file No. 090831. Will the City Clerk 8 please call the roll? 9 CITY CLERK: Alderman Hamilton. 10 ALDERMAN HAMILTON: Aye. 11 CITY CLERK: Kovac. 12 ALDERMAN KOVAC: Aye 13 CITY CLERK: Bauman, Bauman. 14 ALDERMAN BAUMAN: Aye. 15 CITY CLERK: Bohl. 16 ALDERMAN BOHL: Aye. 17 CITY CLERK: Coggs. 18 ALDERWOMAN COGGS: Aye. 19 CITY CLERK: Wade. 20 ALDERMAN WADE: Aye. 21 CITY CLERK: Donovan. 22 ALDERMAN DONOVAN: Aye. 23 CITY CLERK: Puente. 24 ALDERMAN PUENTE: Aye. 25 CITY CLERK: Murphy. 73 1 ALDERMAN MURPHY: Aye. 2 CITY CLERK: Dudzik. 3 ALDERMAN DUDZIK: Aye. 4 CITY CLERK: Witkowiak. 5 ALDERMAN WITKOWIAK: Aye. 6 CITY CLERK: Witkowski. 7 ALDERMAN WITKOWSKI: Aye. 8 CITY CLERK: Zielinski. 9 ALDERMAN ZIELINSKI: Aye. 10 CITY CLERK: Mr. President. 11 PRESIDENT HINES: Aye. 12 CITY CLERK: 14 ayes, 1 excused. 13 PRESIDENT HINES: 14 ayes, 1 excused. 14 The file is adopted. The court reporter is 15 dismissed. Thank you for your service. 16 17 18 19 20 21 22 23 24 25 74 1 STATE OF WISCONSIN ) ) SS: 2 COUNTY OF MILWAUKEE ) 3 4 5 I, KAREN RENEE, Court Reporter and 6 Notary Public in and for the State of Wisconsin, do 7 hereby certify that the above hearing was recorded by 8 me on December 1, 2009, and reduced to writing under my 9 personal direction. 10 I further certify that I am not a 11 relative or employee or attorney or counsel of any of 12 the parties, or a relative or employee of such attorney 13 or counsel, or financially interested directly or 14 indirectly in this action. 15 In witness whereof I have hereunder set 16 my hand and affixed my seal of office at Milwaukee, 17 Wisconsin, this 8th day of December, 2009. 18 19 20 _________________________________ Notary Public 21 In and for the State of Wisconsin 22 23 My Commission Expires: March 11, 2012. 24 25