We want them to make a good informed decision.

We see how they interact with the animal.

We show them a variety of animals that might work out well in their family.

And we ask that kids are available to interact with the animal if there are kids in the family as well.

A lot of our programs are education driven.

We provide programs for children with regard to kindness to animals.

We always want to promote kindness to animals in all the programs that we do.

Our entire building is one uh educational extravaganza.

We've got a lot of information throughout the shelter that people can stop and look at and really get educated with everything from what type of um dog might be best suited to a family to preventing uh any problems from occurring to training, a variety of issues.

So we're always looking to educate the public.

While the humane society can help you, you can also help the shelter with volunteer opportunities.

We have such a variety of opportunities for people.

Anybody is interested, give us a call because they can interact with the animals and they really do provide a great service.

Got a problem with a skunk in your window well, raccoons in the attic or tearing at your garbage cans.

For help with native or migratory wildlife species, you can contact a private trapping and pest removal service or another department of the Wisconsin Humane Society.

Our goal is to um rescue, rehabilitate, and release native wild animals.

And uh another function that we have is to help talk people through uh nuisance problems they may be maybe having with wildlife, and also to help advocate for wild animals in the city here and help prevent injury, fear, pain, and disruption for wildlife in the first place.

The Wisconsin Humane Society's wildlife rehabilitation center annually receives and cares for over 5,000 injured, sick, and orphaned wild animals like this blue heron.

It has seen some 150 different species of animals, many of them familiar to our area, many are not.

We'll admit anything here from snapping turtles to uh um great-horned owls and and uh white-tailed deer and all sorts of creatures, any any native wild creature that you can think of that can fly over or live in Milwaukee County, we've we've admitted here for care.

A creature that's relatively sedentary, like a gray squirrel.

Um we if it's an adult gray squirrel squirrel, once we rehabilitate it, we'd try and get it back to the neighborhood it came from because that's where it knows where everything is that it needs, it's food, water, shelter, all there.

Um for juveniles.

If we get in a baby raccoon, for instance, and uh we rehabilitate that, we would not take it back to where it came from in the city because it needs to learn uh we don't want it to become a nuisance animal by being let go again in the city and trying to find its way and find food in the city.

So those creatures will go out to private lands.

In addition to helping animals in the wildlife hospital, the center provides advice to thousands of callers about injured, sick, orphaned, or nuisance wild animals.

If if people see healthy animals and they have questions about it, they wonder why is this animal in my yard or is it dangerous or not?

And and you know, anything about it.

There's a variety of resources they can call.

They can call one of the nature centers around, but they can certainly call us and we'll talk to them about the natural history of this animal, why it's in their yard, what it might be looking for at a at a particular time of year, and um and how they can deal with with coexisting with that animal and ideally appreciating it.

If they find injured, sick or orphaned animals or animals they think are any one of those three things.

Again, we invite them to call us and we'll talk them through it.

Uh sometimes they they think things may be injured or orphaned.

For instance, this season right now in the summertime, we get a lot of calls from people who have found fledgling birds, for instance, wild birds, be it a morning dove or uh uh a baby robin or something, and they'll immediately jump to the conclusion that it's orphaned.

And in fact, it's probably a fledgling that has its parent taking care of it, but the parents not there all the time.

The parent has to go out, find things to feed the youngster, fly back, feed it for a short period of time, fly out again.

So we we'll counsel people about watching that animal and trying to determine whether it's truly orphaned or not, whether it's truly injured or not.

You can also visit the center, check out their wildlife gallery.

View a behind the scenes video about the work of the wild animal hospital.

Walk through the animal house to learn how to animal proof your home.

We get thousands of phone calls a year, sometimes 125 a day from people asking us, I have a chipmunk in my dryer vent.

Raccoons are getting in my garbage cans.

Something's in my chimney, something's living under my deck, all sorts of things like that.

It's very, very common.

So we have both our animal house here.

We invite people to come in, look around the animal house.

It's uh it's a walkthrough model.

Uh it shows various aspects of uh actually shows things that animals can get into that you may not want them to get into.

Uh raccoons getting into garbage cans, a simple solution is use bungee cords across the top of the can prevent them from getting in there.

Um cap your chimney to keep animals from getting in the chimney.

Some animals get in the chimney and they can't get out.

So you do yourself and the animals are favored by animal proofing your house.

Animal shelters receive many calls from people who are not equipped to care for their pets, be they cats and dogs or exotic animals.

Many of them are simply abandoned, and the humane society says that's irresponsible.

And unfortunately, it's it's very common for people to just dump things in parks.

They think, well, you know, I don't want this anymore, it can be free out here.

Uh these animals are from their perspective not equipped for survival.

And in terms of populations, in terms of the health of wildlife in general, releasing uh a creature that could have uh a disease that's transmissible to other wild creatures is would be devastating.

If this monkey pox business had gotten out into the wild, would have been absolutely devastating for for native wildlife.

So, under no circumstances should anyone release um exotic creatures to the wild.

Staying healthy is an important part of the learning process.

Vaccines can't prevent children from getting minor illnesses like colds, but they can keep them safe from many serious illnesses.

Wisconsin's student immunization law requires that all school children be immunized, and now is the time to make sure they are up to date.

Well, the first thing is is that oftentimes we've added some new vaccines, so you may think that your children children are complete on immunizations, but you should check with your local health department, or you should check with your doctor and see if your children really are up to date.

And the second thing is to act now, beat the rush.

Don't wait until school begins, or you'll have a lot of company.

Call it an immunization, a vaccination, or a shot.

It's all an attempt to protect your child against serious diseases.

Most are given as injections, some are combinations of vaccines, some are given separately.

Well, they need the traditional things, which was Colio and DPT and measles mom's rubella, but we've also added hepatitis and a shot for chicken pox called varicella.

Also in Milwaukee, even though it's not required for school, we like them to have hepatitis A vaccine.

And then there's Hib that uh we give to smaller children under five.

So it's a series of immunizations, so oftentimes if they've only received one dose, they're really not finished yet.

In May, the district attorney's office sent letters to parents of more than 9,000 students who needed immunizations or who needed to present their records to the school.

Parents who don't comply can face fines for not meeting the immunization requirements.

It's called immunization checkpoint point rules, and what it's meant to do is have our children vaccinated that attend our schools.

So each year there are certain dates.

It's usually after a certain amount of time that school is started.

The school system send out letters and say to moms and dads, you know, we don't have a record on file, or we don't have a record that tells us your child has been fully immunized.

So we want you to take your children to a clinic and and get those shots.

They warn them a couple times, and then if they don't, they have what's called an exclusion policy, and they have the children stay home.

Hopefully, they get their shots during that time, and then they can return to school.

It's recommended that you keep a personal record card of your child's immunizations.

Bring the record with you every time a vaccine is given.

Make sure the clinic updates the record.

It can provide written evidence of immunization for the school.

If it's not in the computer, they don't think your children have been immunized.

And so even though you sent it, send it again or talk to them so you can try to update it, and maybe it's just a miscommunication, and that the record needs to be in the file.

Sometimes you you think your children are immunized, but we've added something like hepatitis B was added four or five years ago, and that's what they need.

And you somebody told you at some time, you know, your child's all done.

We don't tell them that anymore because we keep adding vaccines and then they need a new one.

It's best to have your child vaccinated as a baby, but it's never too late to start.

State law also applies to all children attending preschool or licensed daycare centers.

They must be fully immunized for their age.

Most immunizations cause only minor side effects.

Serious reactions are rare.

And health officials say the risks of the diseases are far greater than the risks of a serious vaccination reaction.

If you have concerns, talk to your doctor or nurse.

I actually have been around long enough to live through the measles epidemic of 1990 when we lost a couple children due to red measles, and we know that the vaccine can prevent this, and we really don't want children to ever die of any one of these diseases.

Chicken pox is a disease that can lead to some problems afterwards, and that's why we want our children immunized for chicken pox.

There's always some danger, but these vaccines are really very safe.

We really don't have a lot of children have serious side effects.

Oftentimes we have none that have more than a fever or a little sore arm, which we expect from these shots.

For Milwaukee residents, the health department offers immunization walk-in clinics at three of its health centers.

You can stop during regularly scheduled immunization clinic hours.

No appointment is necessary.

Or see your own physician if you have an insurance program that covers immunizations.

For information, you can call the Milwaukee Health Department immunization program at 286-8034.

Your child's health depends on it.

We know that if we didn't have our children immunized, we would have some of the diseases that we protect them from.

We do have some cases that protest us every year.

We could go back to having measles and German measles.

And there's really no necessity.gov or call us at 414 286 2238.

I was completely stunned because I had uh such a bad concussion.

It was literally like uh hellscape.

I'm very lucky that I could walk away from that, but a lot of people aren't.

Speeding.

We can live without it.

When a business applies for a new license or renews its license from the City of Milwaukee license division, its agent may have to appear before the licenses committee.

In these cases, the license division will send a notice of public hearing to the following persons.

Residents within 250 feet of the business or the nearest 100 single family residences, whichever is greater.

Residents who have requested to receive notice about the business's hearing, residents who have submitted an objection to the business application.

The notice of public hearing includes information about the business that is scheduled to appear before the licenses committee, the license types that the licenses committee is considering at the hearing, the date, time, and location of the hearing, how to attend the meeting in person or virtually.

Review this information to ensure your testimony is relevant and permissible if you plan to testify at the hearing.

Some key points to remember.gov or call us at four one four two eight six twenty-two thirty eight.

Good morning.

Hold on, somewhere.

Good morning.

All right.

Welcome to Judiciary and Legislation.

I am DeAndre Jackson.

Almost want to say I'm your host.

Chair of the committee.

Uh thanks for coming.

To my right, we have Ottoman Bauman.

We'll be short joined shortly by Wes Morgan to my left, Ottawa and Pratt, and we'll be joined shortly by Ottoman Perez.

City attorneys here.

Yes, sir.

And none of this is possible while without Joanna Orties.

So when you call here, that's who you talk to.

So let's get started.

Item one, two five one, nine three two resolution related to the claim of Kenyana Brumfield.

All right.

Kenyana Brunfield.

This is the second time non-appearance.

Move to the nine by Auto Woman Pratt.

Agreed.

Hearing no objections, so ordered.

Item two.

Two five two one five one.

Resolution related to the appeal of William Welch for property damage.

Yeah, let's see.

Good morning.

Good morning.

Brother Welch.

How are we doing today?

Good, how you doing?

City attorney.

Yes.

Uh Mr.

Welch brings this claim for damage to his vehicle from a branch of a city tree that fell on his vehicle uh while it was parked in front of thirty-seven twenty-four north eighty-eighth street on August 11th, 2025.

He submitted estimates of uh 1,306 and 1,115 for repairs.

Uh our records indicate that his claim was filed on January 22nd, 2026, 164 days after the incident giving rise to the claim, and outside of the 120-day window to file claims.

So the city attorney's office has recommended denial because the claim was untimely under Westat eight ninety-three eighty.

Uh good morning.

Jeff Cluslow, Urban Forestry District Manager from the North Area.

So pretty calm day.

All right.

And the estimate is all in 826.

The estimate for your car all in is 826.

What do you well estimate?

The cost for repair.

Oh there was two separate invoices that I submitted quotes.

Yeah, at least the ones that our office received was 1306 uh 12 and 12 cents and uh 1,115 and 69 cents.

Yeah, because there was body damage done to the panel uh between the windshield and the door, and then the mirror was knocked off.

Questions?

Well, based on the jurisdictional issue, I moved denial.

Any objections, so order.

City attorney.

Yes.

Uh the uh decision of this committee isn't the final decision.

What happens next is it goes to the full common council on July 31st, 2026.

If the full common council agrees with this committee's decision, then you will receive a formal notice of denial by mail.

And once you've received that formal notice of denial, you are free to file suit in circuit court if you wish to proceed pursue this matter through litigation.

A handout that basically says what I just said.

So doesn't that the uh first step?

Um this is more or less just legality you come here first, then you could move forward this I guess suit a city properly, is that right?

Yes, okay.

Yes.

You can't you can't file suit against the city unless you receive that formal notice of detail.

Okay, so the next will be the 31st.

Correct.

Yes.

You do not have to update to that one.

Okay.

Anything else?

No, that's it.

You have any questions for the city attorney or anything?

So uh it's everything's denied.

No, no, this is just the first step is denied here, but you could go forward to the courts and pursuit.

All right, thank you for your time.

All right, thank you.

Item three, two six zero two three eight resolution related to the appeal of Michael Dupar.

Daniel was it?

Schneider for property damage.

Morning, council members.

Mike Dupar, homeowner.

So you do par um who is the that was my attorney.

He got married this weekend.

He has uh other obligations.

Okay.

So procedurally, should we proceed for if he has an attorney or uh you are actually represented?

Yes.

Are you waiving the uh your attorney being here?

I am and we notified in advance via email.

Okay, then that should be fine.

All right, good.

All right, city attorney.

Yes.

Uh Mr.

Dupar uh brings this claim alleging that a large branch from a city tree fell in his vehicle on July 9th, 2025, uh while his vehicle was parked in front of 2954 South Wentworth Avenue.

He seeks $3,506 and 45 cents, representing the difference between what he was paid by in his insurance for the loss, uh $13,714, and what uh he asserts is the average value for the the vehicle.

Um and for more information, uh representative from forestry can give you the details.

Forestry.

Uh Jeff Loffenberg, Urban Forestry District Manager for the South Side.

Uh we did respond on July 9th to a service request for a a tree down blocking the road at uh Wentworth and Meredith Streets.

Um responded to the location found the branch from the city tree had fallen uh on the road causing damage to two parked vehicles.

Um the branch was removed and uh pictures taken in uh uh damage report was created by the crew.

Um the subject tree was a 26-inch honey locust tree that appeared to be in good health.

The branch that failed was alive, and there was no uh evidence of decay at the point of failure.

Um July 8th, 2025, we the city of Milwaukee had a severe thunderstorm event uh with about a quarter, a little over a quarter of inch of rainfall and uh 23 mile an hour sustained uh winds with sustained speeds of 17 miles an hour.

Uh we responded to overall 53 calls for tree damage citywide, um, down trees and broken branches on that date.

Uh the pruning of the trees in uh quarter section 503 where this tree was located was completed in spring of 2022, and we found no uh I'm sorry.

One was from October of 2022, uh requesting pruning of dead branches.

Um that was done that fall, and the other was from uh the month prior to the incident in June of 2025 uh for tree damage due to a broken branch.

Um at that time uh a forestry crew responded, removed the branch and uh um did a a damage report.

Um the tree was also inspected at the time uh of that June 2025 call uh and written up for additional deadwood pruning to be completed.

Um the branch that failed in this incident, however, was alive and would likely not have been removed or pruned because of the fact that it was only going to be deadwood that was trimmed out for that that following follow-up.

So, Mr.

Dupar, uh you received 13,714.

You were looking you seeking the difference.

Correct.

Um based upon uh various um estimates via Kelly Blue Book, etc.

Take in the lower end of the average of those, deducting the amount I received for a total loss from my insurance company.

Um at the appropriate time, I would like to share some additional facts and push back on a couple items here.

Mr.

Chair, I think we first have to hear how the city was negligent.

Unlike your insurance company, which is a comprehensive policy, we have to have evidence that the city was had had a duty and failed to perform the duty.

Yeah, I'm happy to submit that, and I'm prepared with a lot of information.

Um so on June 23rd, 2025, a small branch from the same honey locust, which um is written up as 26 inches, it's in fact 26 feet, I believe.

I think that's a clerical error on the memo from the city attorney's office.

Um that branch falls, neighbor calls in via the city app that is the neighbor at 2954 South Wentworth, directly across the street.

That is the address in which my vehicle was parked at the date of the incident, and which brings me here.

Um neighbor observes arborist trimming the incorrect tree on that date.

So June 23rd.

Triming a different tree, you said trimming a different tree, which is directly across the street from the subject tree of concern here.

Um he attempts to notify them, he can't interfere, they have to do what they're doing, right?

That's a city ordinance.

Um I have it listed here.

Um less than three weeks later, the tree limb of concern falls onto my vehicle.

Um, I mean, this is this is an enormous limb, you'll see from the photos that have been submitted as well.

I mean, this isn't like a branch falling.

I mean, this is an entire segment limb of a very old honey locust.

Um I think they had it measured at about 30 feet, this limb that fell.

Um so the neighborhood in there was concerns of evidence of I mean, we're not arborists, right?

So don't pretend to be.

Um, but I mean, we observed issues with the tree, he called it in.

It was enough to our eyes that we believe that the arborists from the city should take a look.

They came, they looked at the wrong tree.

Three weeks later, the giant limb falls on my car.

Now, the city attorney's memo via forestry sites, severe weather event, including rainfall and wind speeds that are inaccurate according to the National Oceanic and Atmospheric Administration.

Um they're also inconsistent with the information collected by Mitchell for that day at their weather center, um, and also the other gentleman representing forestry in the last hearing that we had here, um, just prior to me, when he said 23 mile per hour winds, which is what's cited here, he just called that pretty calm day.

That is not how it's characterized in the memo from the city attorney's office via the forestry department.

So I believe that given that we had notified forestry of a concern about this tree that they came out, they worked on the wrong tree, and then not three weeks later, this giant limb falls on my vehicle.

I think I have cause and reason to be um concerned for negligence on the city side.

I mean, I don't think that on a calm day and with uh, you know, a pretty calm day that a limb of such would fail.

Forestry.

Do you agree that a complaint was made regarding this tree and your crews went out and serviced a different tree?

In response to that complaint.

I can't confirm that it was not uh the the tree.

Uh we we go by the address that that comes in on that service request.

Um the address that they went to on the day of the incident was 2958 South Wentworth Avenue.

Um I can't confirm whether or not it was the the tree across the street from that address or or not from the the prior call that was put.

I have 2954 south South Wentworth.

Um doesn't say anything about a specific tree, um meaning in front of or across the street from one or the other, just gives that address.

Um the prior request.

Uh and that was from the month prior.

Um the the call for pruning the exact month prior to when this incident happened, um, which is the same side of the street that was listed on the damage report itself of the side of the tree, uh side of the street that the tree was on.

Um the the call from three years earlier in October of 2022, the address that was called in on that one was from the other side of the street, 2953, so across the street from that.

Um and that states in front of our house, and it does give an address of 2954.

So we're looking at the 2950, the tree in front of 2954 for all three of these calls.

That's your that's your address.

That is directly across the street from me.

That is the address under which my vehicle was parked.

I was parked across the street.

So I'm at 2955.

My car was parked directly across the street at 2954.

All the service requests noted, the one that I referenced on June 23rd and is documented here and should be available to you is June 23rd, 2954, directly at the address at which the tree fell.

Pruning the tree in front of your house.

Yeah.

Across the street from the a smaller, different tree of a different variety.

And so I can't confirm whether or not they showed up and did the work on the wrong side of the tree.

The report say that they did the work on the 2954 side.

They may have also done additional work on the tree across the street, you know, because uh you know it's possible that what he's saying is true and that was witnessed.

I don't know if that was additional work.

All I can say is the reports that we have state that it was on the side, the 2954 address.

And as far as the the weather reports um that were were given, the the report in the city attorney's letter was based off of the NOAA report for Mitchell and Int International Airport for that day.

It was a thunderstorm listed and and the numbers 0.28 inches of rain.

Um, and then the the winds, you know, 2317.

As far as being a severe storm and like crazy winds or anything, that it's not uh a major windstorm or anything.

We responded to 50 calls citywide, so it wasn't one of our our biggest storms ever by any means, but that was the information given by Noah for that storm itself.

Mr.

Chair.

Um these were uploaded in MKE Mobile was a photo at it with it to see what tree to was a photo of the tree included when you did the complaint online.

So I was at work when the initial um complaint on June 23rd was filed, so I I can't verify whether my neighbor across the street did so.

I mean, I can get clarification from him.

Okay.

He had a later date after what happened, and I told him, hey, I mean, this is the tree we were concerned about.

Do you have I was asking him for evidence of you know, do you have your claim that you filed and he was unable via seller or click for action to retrieve what he had sent in?

Okay.

But I mean we have the report here showing that he entered it.

I just don't know if he attached a photo.

Okay.

Thank you.

Without getting into the back and forth over valuation here, I would say we settle this for a thousand dollars.

All right.

Motion by automobile for a thousand dollars.

So the plan, though.

I mean, you don't have to accept that either, but this is what's offered right now.

I mean, I would I would prefer it counter for two thousand dollars.

I think a thousand is very again.

I don't want any back and forth about valuation, blue book and white book and all that all this other stuff, and then what condition was the car before the event.

I mean, you we we'll be good going back and forth forever on that.

So I mean you're you're you're already you're almost made whole with a thirteen thousand dollar insurance settlement.

This is recognizing that there might be some confusion here.

The city may have cut the wrong trimmed the wrong tree.

That's possible.

That's not definite.

Uh we could come back here with more evidence.

You could you could keep your attorney on the case, you could go to court over $3,000 claim and small claims.

Uh the offer is a thousand dollars.

Committee doesn't have to accept that.

They could counter with something else.

I mean, I'm with you.

I don't being fully transparent.

I don't want to take any more of your time.

I don't want to take any more of my time.

I don't want to take any more of my attorney's time, right?

To your point about being made whole, I mean what an insurance company pays out for a total loss versus what it actually costs today to you know buy the same car.

I mean that's what that's what I'm after.

No, but that's never the standard in the damage reimbursement.

I mean it's the value of the vehicle, not the replacement cost.

Seriously, I mean that's the reality.

I understand, but there I believe that there's negligence involved and it could have been avoided.

So I'm fine.

You go with that?

Yep.

So you go.

Yeah, I'm good with that.

All right.

So uh motion about autumn and bombing for a thousand dollars.

Um do you accept?

I'll accept.

All right, hearing no objections, so more.

Thank you.

Our our office will be in touch with regard to covenant.

All right, thank you for your time, everyone.

Thank you.

All right, item four, two five two one five zero resolution relating to the appeal of Mark and Heidi Grimmer for property damage.

All right.

So Mark Grimmer?

Yes.

Mark Kermer.

All right, thank you.

All right, uh, another tree claim.

Uh the Grimmers brought this claim, alleging that a city owned tree fell on their vehicle on February 6th, 2025, while the vehicle was parked at or near 34 3434 Booth Street.

Uh they seek $734, constituting uh 234 in rental cost and 500 for their insurance deductible.

Uh the claim was received by the city on September 18th, 2025, which is 224 days after the uh after the incident, uh, which is outside the 108th 20 120-day time period to file a claim.

And so the city attorney's office has recommended denial because the claim is untimely.

Uh yeah, we did receive a call uh for service on February 6th of 2025, uh notifying us of a branch down on multiple vehicles on the uh 3400 block of North Booth Street.

Uh our crew responded and uh found a city tree had uprooted falling on two vehicles at that location.

Um they removed the tree, uh, gave uh filled out damage reports and gave information to the the homeowners or the the property owners.

Uh it was a 38-inch uh diameter um green ash tree.

Appeared to be in good health, but it had a decay cavity noted on the prior inspection in July of 2024, and due to that cavity, the tree had been marked for removal and was on a list uh awaiting removal at the time of this failure.

Um that date, February uh 6, 2025, uh the city of Milwaukee had high winds with peak speeds of 52 miles an hour and sustained speeds of 32 miles an hour, as reported by General Mitchell International and NOAA.

Um and as such, um in response to that, forestry section responded to 56 calls for down trees and broken branches on that date uh in 2025.

Uh pruning of trees in that section was completed in November of 2016, and uh service request history was reviewed going back seven years for that address uh and no other forestry related service requests were found.

So, real quick, how did they find that decay the first time?

Uh that would have been through our our hazard tree survey.

Um it was in July of the the prior summer.

Every summer we go through up and down every street and do a windshield survey of all the trees to determine if there's any obvious defects or or um issues with trees in decline, dead diseased, um, that requires them to be removed because they present uh a risk and potential hazard down the line.

So was this tree infected with the emerald ash four?

Okay, no, this had a decay um cavity um that was noted and it was significant enough where it was deemed to to need to be removed because it would progress in time and just sounds like they got a claim on this one.

I why did we deny this in the first place?

But I was late filed.

Ah, uh sorry.

Move to deny motion deny by autumn bombing.

Any objections?

Hearing us all order.

All right, so uh this is not the last step.

This is the one of the first steps.

Uh the next step is that it goes to the full common council on July 31st, 2026.

If the full common council adopts this committee's recommendation of denial, you'll receive a formal notice of denial by mail.

And once you have received that formal notice of denial, you can uh then file suit in circuit court should you wish to pursue this matter further.

Okay.

All right.

Thank you.

Item five, two five two one five three resolution related to the appeal of Jason Mustang Hum for property damage.

Mr.

Clone.

Hey, good morning.

Morning.

Yes.

Uh Mr.

Masante Comb uh brings this claim alleging that uh branch from a city tree fell in its vehicle parked at 3414 North 49th Street on uh the night of June 29th or the early morning of June 30th, 2025.

He requests 3,195 and 77 cents for repair cost.

Uh the uh a uh representative from forestry is here to speak on the details.

Uh but the city attorney's office has recommended denial because the damage cannot be foreseen with reasonable diligence, and therefore the city was not negligent.

Morning again, Jeff Cluslow, Urban Forestry District Manager for the North Area.

Uh we received a call on June 30th for a tree branch down on a vehicle at 3414 North 49th Street.

Uh when the crew arrived on site, they saw the branch uh laying along the curb line, uh, but they could not find the vehicle, so they knocked on the uh claimant's front door and nobody responded.

Um so he just took pictures of what was on the ground.

He had no pictures of the actual damage to the vehicle.

Uh he said that there was decay evident at the point of failure, but it was not observable from the outside of the tree.

So it was internal decay.

Uh on June 29th, there was a rain event of about 16 tenths of an inch of rain with 8.5 miles per hour winds uh with peak gusts of 27 miles per hour.

And on June 30th, we had rain again at 6.9 miles per hour uh averaging winds and 29 gusts.

Uh forestry reserve uh received 176 calls for city tree damage.

Uh that's the entire city, and then 133 of those calls were in the north area alone where this call originated from.

Uh the claimant also referred to a previous branch failure in uh March of 2023.

Uh if you were recall, that was a a large snow storm had moved through the city that year.

Uh we had 10.7 inches of heavy wet snow with peak winds of 25 to 30 miles per hour.

We received over 2300 calls for tree damage citywide for that event, and 700 of those calls were in the north area alone.

Uh the last time the tree was pruned on a cycle schedule was June of 2015.

The next inspection will be in 2027.

However, after the branch failed and damaged the vehicle, forestry did go back and prune this tree, removing all the remaining dead wood in October of 2025.

All right.

So this this claim was made on timely fashion.

Uh yes, I believe so.

Okay.

Mr.

Clone.

Yeah.

Um so I in June of uh 2025, uh, I think it was actually June 30th, uh large branch from the the tree in question directly in front of my home at 3414 North 39th Street, um did fall on my property.

Um, as we all know that I'm prevented from maintaining those those trees.

Um forestry did mention another event in 2023 uh that they tied to a significant snow event.

Um few weeks before that snow event in 2023.

There was another snow event of the same same size, did not result in breakage.

Um that second large snow event in March then did result uh in the downing of a tree, which caused uh additional work for the Department of Public Works.

There was a line that fell um that supported up uh one of the light uh street lights.

Um I'm assuming several crews had to come out at which point the level of decay would have been clear on the branch that did fail at that point.

Uh the branch that failed in March of 2023 was at the same level of the tree and was actually a little bit smaller in diameter than the then the branch that failed in 2025, which makes sense as the level in decay in that larger branch in 2023 was not enough to result in it breaking.

Um but that event 2023 that did show decay, um, I believe shows clear negligence on the forestry department as if there was a branch of that size that failed due to decay.

Um would stand a reason that a branch at a similar height on that same tree would probably merit some inspection.

Uh that was not done two years later, under no significant weather event whatsoever in June of 2025.

Um I think he noted six cents of an inch of rain, nothing.

Uh then the branch definitely failed, um, at which point that internal decay uh resulted in breakage where it fell then on my property, my vehicle, and caused uh damage, which I then provided two estimates, averaged them out and provided the amount of the repair uh that is being requested at this time.

So I think um showing that the I I submitted ample pictures of not only the event in 2025, but also of the event in 2023.

Um so there are color photographs of that 2023 event where you can see that falling.

So I think the negligence in the city is that within two years of that failing branch, that tree should have been inspected.

I think the city knew or should have known uh that it had further uh responsibility for that, and therefore they're responsible for the damage to my property.

Mr.

Chair, it's a pretty nice vehicle.

I assume you had comprehensive insurance coverage on this?

Yes, but you didn't make a claim.

I did not.

You have until a year to file a claim.

So I'm still well within rights at this point.

Um, but I felt it more appropriate to pursue action through the negligent party, which in this case is the forestry department in city of Milwaukee.

Well, that's that's the point of insurance.

They would have been here on your behalf.

You know what I mean?

I'm sorry.

All right.

Any other question for committee?

What would have been your deductible on that comprehensive policy?

I would have to confirm with my agent.

But as you guys know, even though a claim of this nature would have been deemed not my fault, could certainly result in a claim on my insurance that would result in higher premiums going forward.

So that was not a reasonable action.

I did not deem at that point in time.

My vehicle was parked in my driveway completely, and then a tree that the city is responsible for maintaining fell on it and caused damage.

I'm actively prevented from maintaining that tree.

So I believe the city is responsible for the damage.

And I believe all the photographic evidence is available to you guys, I'm assuming uh that it gets scanned in.

Um so you can see the picture that I had from 2023 that was submitted with my initial submission, along with ample photographic evidence of the 2025 event.

You can see the pre-tree, uh the tree, I should say the tree prior to the trimming that the city came back and performed, and you can see it afterwards, and you can see how significantly that tree was trimmed back.

This tree was in serious need of maintenance.

And the city had failed to do so in the two years after the first failure event.

I assume you've had the repairs done.

No.

Okay.

I was just curious, did you uh after you felt they didn't do the maintenance when they should have after the did you make that clear to them?

Did you document that at all?

Uh I was not home, so uh when after the event, the tree had been called in a couple times.

Not only was there the failure event 2023, uh other neighbors uh had called it in.

I do not know what the record the forestry has uh of that.

Um but I know the house across the street called the tree um after this event.

Um the city then came back and trimmed the tree at uh the the neighbor uh it would be south of me.

Um so up the hill, they came back and trimmed the tree in front of her house.

She then came out and said, Hey, you guys are supposed to come and trim that tree.

Uh you know, I'm glad you trimmed my tree, but you're supposed to come and trim this tree.

This is the one that fell on the neighbor's car.

Uh Forestry left, came back a short time later, and then completed the pruning maintenance on the tree in front of my home.

I do not know how or why that happened.

I was not present.

Um I can only assume that she said something to them, maybe they checked with dispatch.

I don't know.

And then they came back and completed the work.

I mean it's clear when you saw the tree how much dead loss there was on it.

And you can see in the before and after pictures that it was substantial.

So I'm sure they saw the tree and could tell it needed help.

Um then the branch that they did cut down was clearly rotten from from you know the internal decay was significant, and that is where it failed.

Mr.

Chair.

I mean, normally it's the policy of this committee, and I think the council to expect claimants to exhaust remedies they may have to be compensated for damage rather than looking to the taxpayer as the first source of compensation.

A lot of folks don't have insurance and come here with claims.

Uh you have insurance, and that's a responsible thing to do.

We we appreciate that.

But you you have a you have a remedy for most of this damage, and you chose not to pursue it, which is your right, you can still pursue it.

So I mean, I I'm I'm not inclined to approve the full amount of this claim for that reason, despite the fact that there may be negligence here, but that's debatable.

I mean, I maintain insurance.

You are absolutely correct.

As I'm sure many people at this committee are aware, if you purchase a new vehicle and you have a note on that, you're required to maintain full insurance.

Well, you'd be surprised how many people don't have a chance to do that.

I would not be surprised.

Actually, I've lived in Milwaukee my whole life.

So I I completely understand.

Um so I maintain insurance for the reasons I'm required.

Just as I'm sure the city of Milwaukee has insurance or some means for what they're responsible for.

This tree, they're responsible for.

It was clear two years prior to this event that that tree required maintenance.

There is no other way to look at this, except for that the city failed to recognize that the event in 2023 merited further inspection of that particular tree.

Again, similar size branch at the same height of that same tree.

If one tree branch fell and failed because of our internal internal decay on one side, I think it would stand a reason that the branch on the other side should be looked at.

And then two years later, that is the branch that failed.

That's a clear case of failure, negligence on the case of the city, in which case my insurance is not responsible for it.

I should not have to pay deductible.

My insurance should not have to be a claim.

That is for the people who are responsible.

That would be the city.

They have means of recourse.

My full coverage on my insurance covers people who do not have recourse.

The city has recourse.

Yeah, to the city attorney.

Uh, were we to settle this claim?

Could he conceivably collect twice?

Uh I it depends on the the terms and conditions of an insurance policy, but yes.

Typically the way that this works is that the insurance claim is filed first, and then the insurer has the option to then go after the city or or whatever tort fees are.

Move denial.

Now, this process takes some time.

So to the point of asking the city attorney if I could double claim, I don't actually believe that's accurate anymore.

As I indicated, I think you have a year to file a claim.

You've done that here.

I've done it to the city.

I have not done it with my insurance.

So then my intent is not to unduly enrich myself by filing a claim.

I'm past the one-year time.

I'm seeking I'm seeking resolution here in terms of making the holding the city responsible for what they are responsible for.

That's your right.

We can deny this.

You can take us to court, and maybe you'll win small claims court.

Maybe you don't, maybe there's a settlement.

Maybe the city agrees to pay half.

Uh that's that's down the road.

I think we have a practice of requiring people to exhaust all their remedies.

Is that stipulated?

Is that in the rules anywhere?

Nope.

Then I don't believe that that is any justification for that ruling in any way, shape, or form.

I can't even believe that was mentioned, but that does not make any sense.

Um motion is now bottom and bombing.

We have any objections.

Uh I'll abstain.

So 41.

Motion passes.

City attorney.

Yes, uh, this isn't the last step.

This is uh step in the process.

So what happens next is that your this claim goes to the full common council for hearing on July 31st, 2026.

If the full council adopts this committee's recommendation of denial, you receive a formal notice of denial by mail, and then once you have received that formal notice, you have satisfied the statute for prerequisites to file suit in circuit court.

Uh should you wish to pursue that avenue?

Thank you.

Item six.

Oh, give me that's what I understand.

So item six, two five two one six eight resolution related to the claim of Mario and Chantel Dansler.

All right.

Good morning.

Good morning.

Good morning.

How are you all?

City attorney.

Yes, uh, the dancers alleged that a fence on their property was damaged due to a collapsed sewage drain uh before and during the historic floods in the city on August 9th and 10th, 2025.

They claimed damages and an amount of $22,383.90 for a replacement fence.

Good morning, Jason Sanders, sewer services manager, DPW sewers.

There was a sinkhole on uh January of 23 at that address.

Um and the sewer maintenance investigated sinkhole um and we uh were in the process of repairing our storm sewer when the floods happened in August.

So there was a sinkhole.

Um the damage that of the fence that occurred from our failing storm sewer is the um area of the damage that we were we offered to pay pay for the section the rest of the section of the sewer, the fence that was damaged was due to the flooding in that August storm.

Surface flooding?

Yes.

Overland flooding what your argument is city's argument is the sinkhole had and the repairs had nothing to do with the additional damage that occurred on August 10th.

Correct.

Yeah, they they offered to pay near the sewer.

Right.

Okay.

So quick sinkholes.

So this is just water trapped underground and constantly rolls the dirt, or no, what happened was our storm sewer collapsed and it caused a sinkhole in the um in the yard um which caused a section of f uh caused a section of the fence to be um messed up basically.

So um we were in the process of repairing that sinkhole when the flooding actually happened and just the overland drainage and overland flooding just basically pretty much made it worse.

When you say in the process of what does that mean is there an excavation already ongoing?

No, sir.

There were we were doing we're planning an excavation, but we planned it out because it had to be done by a private contractor.

So um we put it out to bid for the contractors to bid on it naturally.

We take the lowest price.

In the process, in that process of happening is when the flood occurred and you know unexpectedly and damaged more defense.

And this and in our sewer was in the street, is now you understand?

I'm sorry, Sagan.

Our storm sewer was in the street.

No, the storm sewer actually goes, it begins in a street and goes through their yard and outfalls into uh little Monomine River behind their residence.

It goes under their property?

Yes, yes.

Is there an easement for that?

Yes.

The sewer is on the sewer is located on the sidewalk.

Cuts through uh and what this is a clay pipe, iron pipe, what was this exactly?

Um it was a covert pipe, stainless steel.

Old um deteriorated, you know.

And how large?

Oh my goodness, it was a dull covert, I want to say this wasn't is this a storm sewer neighbor?

Uh separated sewer area or combined sewer area?

Separated area.

Ah so this is a storm sewer that directly uh outflows into uh water course.

Yes.

And would this sewer collapse have affected the ability of that outflow to function properly and to relieve flooding that occurred on August 10th?

It wouldn't have stopped that flooding.

Well, it wouldn't have.

It certainly didn't help the flooding.

No, well, I mean if you have a collapsed outflow and that outflow is there to basically take storm water off the street and into a river, and that sewer and and that pipe is collapsed, it's not functioning, correct?

Yes.

But during the flooding, the Little Monomine River overflowed and caused the flooding.

If that storm sewer was in perfect working condition, it still would have been a flooding event.

Got it.

Okay, thank you.

All right.

So the the river literally rose above the level of the mouth or the outlet of the storm sewer out the boat.

Yes, sir, pretty much everywhere.

Okay, got it.

All right.

Chair.

I'm just curious, is that how you see it that the river overflowed and then went on your property from the river now?

I was there and uh my wife uh no called me outside.

I was looking around and I did not see that the uh creek was overflowing, sir.

Uh it the water was beneath the uh the bank beneath the banks uh in the in that neighborhood and in the creek behind my house.

Okay, so during this during the storm, the river was flowing, and it and you're you're telling me you never went over the bank.

DPW saying you went over the bank that caused the flooding.

Yes.

And I took pictures of uh the damages the next morning or the next day, but I didn't, it was nighttime, and I didn't think to go outside and night time.

See, this is why these claims are night time.

I mean, we we're in no position to resolve claims like this.

This is a technical question.

You require expert.

I mean we can offer a nominal amount, but we're not gonna offer $22,000.

I'm gonna tell you that right now.

Yes, sir.

And I see that was the total cost of the fence.

We weren't seeking.

We weren't seeking the oh you're not seeking.

Oh, we weren't seeking $22,000.

The cost of repairs.

We sent that was like uh it was a uh is $11,000, like $10, $10,800.

That's what he quoted.

Yeah, I don't think we can come close to that either.

Yeah, I don't think we'll come close to that.

I think it's better to go to full route.

You know, and okay, Timor.

That's just so I mean, and not saying they were guaranteed to be whole, but to take in all considerations of everything.

See, see the problem I I have with this claim is what impact, if any, did a failed, a known failed sewer pipe have on the causation.

None or some or all.

I it's it's impossible to say based on what we've heard so far.

Uh city claims it all would have happened anyway because the river overflowed.

You with your own eyes said no, the river never overflowed.

Did could could you actually see water coming out of this?

Well, where was the water coming from?

That ultimately inundated your property.

I'm I'm gonna say uh the water came from the rain, but the um yeah, I believe that that uh it was it was pooling because it had no place to drain because the uh the the pipe failed.

Uh excuse me, not the pipe, but the uh the the sewer doesn't fail.

We have uh uh a side lot to our house.

And um it was this bank.

So you live right on the little Monomney River.

Well, yeah, that's uh kind of yeah.

So the creek is right behind our house, and the creek is a part of the Monominee River.

Yeah.

So you're you're in the neighborhood that got 14 inches of rain, basically.

I would I couldn't tell you one of those.

Well, I'm I I would recommend $5,000.

Motion for $5,000, Bottom and Bauman.

And it's up to you.

One moment.

You you could confirm.

You can confer with your return.

I said off again.

So do you need like a you don't have to accept it and you can still pursue a claim in court or as part of a larger class action if somebody wants at some point get together because there's a lot of similar claims from the same incident.

So that that's we're not gonna tell you how to proceed here, but I think there's some question of city responsibility here.

Normally in these claims, I don't think we offer anything because the city didn't control 14 inches of rainfalling.

But if that sewer was somehow impeded and that impediment exaggerated the damage that you suffered, there might be some basis to believe.

So that's why a compromise.

But uh I I'd also just for clarity, whatever settlement if you do take it, that means that you can't it stops there.

What you know I understand that so just to be clear.

I will take the claim.

All right.

Motion by Ottawa Bauman for $5,000.

Hearing no objections.

Thank you.

And our office will be in touch regarding that.

All right.

Item seven, two six zero two two six resolution related to the appeal of William Shaw Coco.

What was it?

CO steel on 12th Street.

Second LLC for property damage.

All right, good morning.

City attorney.

Yes, Mr.

Shaw brings this appeal for damages resulting from uh or arising from a sewer backup and basement flooding that occurred on March 24th, 2025 at his property located at 1871 North 12th Street, uh in relation to an alleged break of a water main.

Uh Mr.

Shaw submitted estimates for repairs, business losses, and other expenses, uh totaling in excess of 75,000.

Uh Mr.

Shaw filed this claim on February 26th, 2026, almost a full year after the date of the alleged incident, and well outside the 120-day time frame in 893 80.

Uh the city attorney's office has recommended denial because the claim was not timely submitted.

Uh Lori Sheeley with Milwaukee Waterworks.

Um to just add a little bit more information from the city attorney's office.

Uh January 27th of 2025, uh, we received information um of leakage in the street.

We had an investigative investigator go out.

Um we actually located a main break.

There was a hydrant and a gate valve that needed some work as well on on that intersection.

Um, due to just the weather and being busy, we ended up contracting the work out for mid-city corporation to finish the repair.

Um, and so on January 28th, the following day, after we contacted Diggers Hotline and had you know everything um cleared for excavation.

Uh Mid-City was out there to perform that work.

Um the information that I found then is approximately two months later, March 24th of 2025, is the first call that I could find that the claimant um had called in with some sewer issues.

Um the inquesta reporting system.

Um the claimant had mentioned in that it was written down that he believed that the damage was due to a main break.

We actually had a meter technician go out there for certain times when the calls are come in.

If there's a leak in the house, we'll send a meter tech out, go check our meters and internal workings.

And the meter tech noted that there was leaking before the meter, which would be on the owner's property on the owner's pipes inside the house.

Um at around the same time though, mid-city was contacted.

Um they actually went out on the 25th of March 2025 and excavated to try and see was their work near or related to the any potential damage to his lateral.

Um at this point, I mind you, I'm not involved in it.

So this is information as I'm kind of backtracking once I finally did receive the claim.

The next thing that I could find is that an April 7th of 2025, the claimant got in touch with his alderman's office regarding the sewer issues.

Um I found information that same day from our sewer department.

Um there were some emails back and forth between some of our distribution, our field manager, uh, mid-city and one of the supervisors or uh people with the sewer department throughout around April 10th of 2025.

There was an email that I was looped in and said that the claimant or that Mr.

Shaw had been given claim instructions or told to go ahead and file a claim.

So then I was kind of waiting, you know, for the the claim to come around.

Um there was no contact then from April 10th.

I didn't hear anything until uh excuse me, October 2nd.

There was a phone call from a property owner with to our customer service at Milwaukee Waterworks.

Um there's some at attorney information.

An attorney contacted, I believe an attorney that Mr.

Shaw had talked to, uh, contacted Milwaukee Waterworks Customer Service approximately October 23rd, 2025.

So now we're nine months post the main break.

Um I did find a phone call now, fast forward to January 12th of 2026.

Um that Mr.

Shaw called in about water in his basement, attributing it to leaking from the main break the the year before.

Um our control center sent him forwarded the call to the sewer department.

Then I found a call from January 27th, 2026, where Mr.

Shaw calls regarding the water leaking in his basement.

He wants to talk to somebody, um, believes that somebody was supposed to have come out there.

Um there were some I have the phone call recorded in my files, so some of these are recorded, I could save them.

Questions regarding was the leaking before or after the meter.

Um in the call, he said that the pipes bust explained more about the main break and believe that uh the repair had hit the sanitary line, but also that the pipes in the basements were busted.

Then March 10th of 2026, our customer service sent uh what we call a high consumption notice.

When somebody has water pipes in their house leaking, or maybe a toilet that's running all the time, you're gonna go through your water.

So when a consumption is a high consumption, it'll kind of automatically alert our customer service when that high consumption reading happens, and we'll send a letter saying, hey, what's going on here?

You might have a leak in the house.

There's an you know unusual amount of of water being uh consumed.

About a week later, on March 17th, um, I'm assuming prompting from the the letter, uh Mr.

Shaw calls customer service.

Um there's some back and forth between a person named George Christensen and Alex, I'm not sure who those people were.

And then March 27th, 2026 is when we actually received the claim.

So approximately 14 months after the initial uh main break and repair.

Additionally, I had some conversations with uh Kyle, who's one of the supervisors and main people that works with mid-city.

Um he said that they couldn't actually get a camera because of standing sewage in the basement, so they weren't even able the camera to kind of locate where that damage could be.

Uh they were trying to be helpful.

Um then they said that finally they were able to assert that the sewer lateral was under the sidewalk, not under their excavation site.

But the other piece of this is that in 2024, we found that We Energies had done work right, and you could see the timestamp on the new concrete on the sidewalk because any time there's excavation on the sidewalks, you'll see the stamp.

You can see if it's City of Milwaukee, we energies, and they'll stamp it with the year.

So there is a year, and we were able to also locate that We Energies was doing underground work in that same area in 2024.

I'm not saying that is the sewer lateral issue, but it's very possible since that's much closer to where the sewer is than versus where Mid-City had done the repair.

Additionally, um per Kyle from Mid-City that Mr.

Shaw told him he did believe it was We Energies, but getting money through the city was going to be a lot easier through the city or even the contractor.

Um with Mid City said when they did excavation to try to see if it was them that caused the damage, they went two feet below the water main to Hydrovac, and they just again mid-city saying that they did not cause any of that damage, and um, and neither did the city for that matter.

So for those reasons, we would agree with the city attorney that it should be denied.

Good back to the if I may, Mr.

Chair.

Is there any dispute as to the timeline?

No.

Move denial.

May I ask a question, Chair?

Please.

I'm um uh advocate for my uncle and my auntie, and my question in trying to help them was when they were notified of the 120 days appeal.

And they seem is there any documentation that goes out from the city or anyone letting them know about that appeal process?

Because they hadn't been able to explain to me that they didn't know that they had 120 days to appeal, and I was trying to look and search online for this information and wasn't able to find it.

So, how are individuals notified of 120-day appeal that they have?

Yeah, it's uh it's a state statute.

Um so it's a legal concept that everybody is presumed or or expected to know the laws that apply.

Um, just because you're not aware of a uh of a law and you commit a crime, like you're not aware of the criminal law, but it doesn't matter because you're presumed to know the law.

Um so regardless of anybody if anybody told you about the 120-day requirement in Wisconsin statute 893 80.

Uh it's presumed that the um the population knows.

Um I would also like to add that on the claim instructions that I was advised by sewers that they dropped off, there's a whole section regarding 893 or the excuse me, 89380 that includes the statute of limitations information regarding the legal requirements of filing a claim.

So this would be the document that I was understanding that that was dropped off or given to him.

And then to typically when I mail, this is the claim form that we mail.

And then when you go on the city website to f ask how to file a claim, this is what you will find.

And this information is on the city website on how to file a claim.

Um I just think the unfortunate thing, and I understand that you're gonna may move to deny, but I think I just want to add some suggestions for the city, saying that you know, my auntie uncle do not use the internet.

They were coming out here actually and doing everything in writing, and which when I can became involved, like no, you need to receive a paper trail through email of some sort, right?

So they received that claim that piece of paper she's talking about after the 120 days were up.

So it was null and void at that time.

So I would just suggest that there may be a way to help, you know, business owners, people that are elderly in our community to be able to understand the process.

And I understand that the city um the office of the city attorney is saying that people are presumed to know this information, but if you're not a person that is apt to using online um types of uh services, or you're not a person who is engaged in the public policy process, there would be no way of knowing it.

So I would just request and ask that the office of the city attorney or any person that would have the authority uh be proactive in letting people know their rights so that they're able to uh exercise those rights in the amount of time that the law uh prescribes.

Thank you.

No, and I agree with you.

And that's where whenever I have a personal conversation with somebody, I'm very I make sure they understand you need to get this done in 120 days.

And as we were looking at this initially as a sewer issue, my conversations with I I had to believe that they did give them this document.

Um, you know, at the time that they were initially advised to file a claim in in April of last year.

So excuse me, for one thing, when this first happened, instead of us trying to get other people to have a we're we're the type of person, especially my husband's the type of person, he's gonna try to do everything he can.

We start making phone calls when do we went down in the basement, saw the gravel that was in the basement from the digging.

He's retired from we energy.

So he called them.

They said it wasn't their fault, they put it on the city the city, and so that's what we start doing.

Both of us start calling people our own self, trying to find out what to do, how to do, and everybody was sending us to this person, that person, the other person, bureaucracy.

So, you know, just give it us around a circle.

So that's what we were steady doing.

And then after we couldn't go no farther, uh on that point, there is a letter in here from an attorney addressed to you, correct?

A Robert Meyer off, and the letter is dated May 7th 2025, which is well within the 120 days, correct?

By my calendar, yes.

And the last sentence of the letter says uh they have to have some evidence like that to show that the water came in around March 24th, 2025, caused a problem with the foundation.

Also, claims with the city are supposed to be filed within 120 days of the damage.

It is now about 36 days since the damage occurred.

So get these estimates to me as soon as possible.

And that's what we was doing, you know, trying to get up to him.

You know, so like say that's what we was doing.

We didn't know we had to did you hire Mr.

Meyer off, or you just no, we would just consult with it.

He he was uh basically a counselor.

He won when we bought the property, he he was the lawyer for uh us.

When we bought the property over 24 years, the transaction.

Okay.

All right.

So motion by automatic for denial.

Hear any objections?

Anyone now, so you're sorry.

Yes, uh, this is not the last stop, this is one stop in the process.

So the next uh uh step in the process is that this will the council or committee's recommendation of denial would be referred to the full common council, which will meet on July 31st, 2026 to uh hear this.

Um if the full common council adopts this committee's recommendation, then you will receive a formal notice of denial by mail.

Once you have received that formal notice of denial, you will have satisfied the statutory prerequisites to file suit in circuit court, should you wish to pursue this matter further through litigation.

Thank you.

Thank you.

There you five one one seven zero resolution related to the claim Aisha Banks.

Morning.

Good morning, Ed.

City Attorney.

Yes, uh Ms.

Banks alleges or brings us claim alleging that her private sewer lateral at our property located at 1968 South 29th Street was damaged in some manner uh potentially back in 2016 by some work of either Milwaukee Waterworks or DPW.

She seeks 25,847 and 20 cents in reimbursement for expenses paid to various plumbing services from 2019 to 2025.

Um our investigation revealed that there was a lead service line replacement in 2017 separately in 2019 and 2023.

The claimant hired separate plumbing services, which attempted to snake her sewer lateral uh and Milwaukee Waterworks staff excavated the area near the replaced lead sewer line and did not locate the uh claimant's lateral.

Uh the city attorney's office has recommended denial uh because the claim is untimely under Wisconsin statute 893 80, uh since these are damages are from back in 2016-ish.

Uh and second, because there's no proof of a causal link between any city activity and the alleged damage to the claimant sewer lateral.

Hi, Lori again with Milwaukee Waterworks.

Um going along with what the city attorney um advised, I went all the way back to 2013.

I found a main break that was about three houses down.

Um, and then 2014, March of 2014, there was um a repair for water service at the cleanance um address, and then fast forward then uh November of 17, 2017, the lead service replacement mid-city was contracted for both the public side and the private side of the water lateral um for this property.

And then in 20 in February of 2018, I found a note that the property owner had called seeing there was a uh main break repair on that date.

I searched every system high and low.

I can't find any main break anywhere near the claimant's property in 2018.

I there's just no record of anything there.

Um I couldn't even find where there was a digger's hotline ticket where anybody had excavated in 2018 in that area.

Um and then April of 2018 is when per the claimant's claim that uh reported backing backing up water at this time, so we're seven months or so post the lead service line, and that she could smell sewer gases but thought nothing of it, and that the sewer gases only smelled during rainstorms.

Um, and then in April of 2019, I found that there was a main break in front of 1954 South 29th, and the claimants at 1968.

So I think the houses are every four numbers on your block.

So I think two or three houses over.

Um, and then November of 2019, so now we're approximately two years post-led service replacement.

Uh the claimant had reported her kitchen sink was clogged.

Um the next day, hired a plumber to fix the sink.

The plumber snaked the line and informed that she may have a collapsed sewer lateral, and that's November of 2019.

I don't find any record of any calls or anything, and then flaw flowing with the claimant's uh information in her claim.

Now, fast forward four years, we're in November of 2023.

Um, a plumber snaked the sewer line and found rock chips.

Um and then November of 2023, the clock claimant said that she contacted Milwaukee Waterworks.

Um I think that's when then prompted Med City or our crews to kind of go out there and um attempt to locate the issue.

Um, and then March of 2025 is when the sewer lateral repair uh removes remove and replaced six inches of lateral under the roadway.

So again, going along with what the city attorney said.

I mean, we're seven years post-led service.

It's anything could have happened in that point in time.

Um I can't say that it's because of the lateral.

The other thing I wanted to mention that I found was interesting is looking at the property lines.

Years ago, probably well before uh Miss Banks had owned the property, they the property lines had changed.

So there is an old sewer lateral marking um on the south side of her property, but I think it's her sewer lateral is actually on the north side of the property.

So I don't know if that was any confusion with the plumbers because if you look at some if some of the old plot maps weren't necessarily updated, I don't know if they were looking in the wrong area for any damage, but I thought that was an interesting note that um, but again, there's no I can't find any direct correlation plus the timeliness of of the issue.

Absolutely.

These are some interesting pictures, just a pipe just sitting there with no connections.

Is that what is that the picture?

Um I have two of them.

But you're saying this could have been the south side line, the line.

Right, because it had been disconnected on that, right?

And I can show you.

So I didn't have an open plot map.

So Ms.

Banks, we are far into the few, just what happened?

Like, now when I I've been calling, I've been calling every since I bought the property in 2010.

I've never had any issues of water come in the basement.

When I did discover these water issues, I kept reaching out to the city.

They came out to the property numerous of times.

The not the plumber that fixed the problem, but the plumber before night plumbing, when they came out, I mean when they came out to stake my lateral, he told me that I need to get the city on the phone to have them to come out.

Which the city did come out.

They did check the um the sewer line, the sewer and said that the water was flowing, so it wasn't an issue on them.

They kept saying that is my issue and I need to get a plumber out which the plumber was there when they they came out.

And they said, Well, you need to have them to fix the problem.

And they told me that it's not a problem that they can fix, so I need to have somebody else come out.

I just kept trying through the years to just try to get some some help.

And when I the last situation was just I had bagged the water inside the um the laundry tub, and I tried to plunge it, but it was it was still standstill water.

And so that's when I reached out to the people who fixed the plumbing.

And um when he came out and everything, he said that it's nothing wrong with my sewer line.

You know, he staked it out, but they pulled up, they keep pulling up gravel.

So he said you have a broken lateral in the front that needs to be taken care of.

And I'm like, are you serious?

And he said yes.

So he um he located where the the break was, and he explained to me how much this was gonna cost and what the situation was, and that um they will be back out to repair.

So when they when he did get a chance to open up this hole, um, because when I called to complain, the city did send somebody back out before they actually took um before they did the work.

So the city sent somebody back out, but when they came out, they opened up the wrong um hold instead of the hole that the uh the water main had broken previous uh situation.

Um the plot the uh the opening that they opened was where they had um I guess moved my water line over whatever they did, um they opened up that hole, but I was at work um when my camera showed them opening up the hole, so I couldn't be like, well, you open up the wrong hole because if they would open up the hole that was um they had the water main break, they would have seen the the problem.

So when they open did open up hole and I was out there when he they actually got it open, um the white PVZ, it just wasn't no connection.

It was no connection to um I had connections to it to my home, but it wasn't no connection to the sewer line.

So that's what they repaired out there.

And every since they repaired it, I had no water back up in my basement at all.

Even through the all the rain that was going on, I had no flooding or anything.

And I don't know if there's any issue with the sewer lateral, and I don't I can't speak to any calls to the sewer department or or what their response was.

Um but I just don't see any, I don't see any evidence that the lead service line replacement, and that's why they excavated there because they wanted to see was what they did with the lead service line replacement causing any issues.

That's why they excavated that area and to check their work and no, and so being as by the time you know six years go by, there's I mean, could it be branches, all kinds of reasons why sewer laterals get compromised.

Um I just don't find any evidence that it was directly related to the lead service line that we did in 2017.

Absolutely.

Yeah.

He's reasonable to me, move denial.

Um all right, but real quick, these these estimates, these dollar amounts, these are these are accurate.

Hold on, no.

The dollar amounts you have in your uh Yeah, that was for the the the um the main cost for the lateral was um 23,693 dollars.

And I just added on for the last uh plumbing that was there to uh snake out the drain line when they put up um gravel.

And he also the pictures that those are pictures that the plumber taken, not me.

Um he did explain and he showed me where the water main had um was disconnected that they had repaired there previous to them putting uh the new PVC pipe in the ground.

And the inspector for the city was out there um having a conversation with the plumber to let them know that when water main breaks, a lot of times this situation does happen.

So it wasn't that I mean I didn't cause the uh the you know, it's just the piping came aloose for whatever reason.

So again, the only main break that I can find for we don't have PVC connections to the main, so I'm not sure if there's a if there's a misunderstanding between the sewer main and the water main, but the only water main break that I found that was near the house was in February of 2013, four years before the lead service replacement, and then after the the sewer backups began, there was a main break in 2019.

But at that point, she there was already complaints of the sewer backing up, so I don't think the main break in that main break in 2019 was about six properties.

I'd have to look exactly at the map, but it was at uh 1954, whereas the claimant's address is 1968.

So even that main break, several properties down the road.

So there was no main break right in front of that house.

So I don't know where that's coming from.

Uh motion by Odin Bowman for denial.

Any questions, any objections?

Hearing the order.

All right.

Uh this is not the last step.

Uh what happens next is that this the committee's recommendation of denial goes to the full common council on their next meeting on July 31st, 2026.

If the full common council adopts this committee's recommendation of denial, then you will receive a formal notice of denial by mail.

And then once you have received that formal notice of denial, you have satisfied the statutory prerequisites to file suit in circuit court.

Should you wish to pursue that avenue of relief.

That basically says what I see.

Okay, thank you.

Thank you.

Item nine, two five one eight five two resolution related to the claim of Logan Hendrix and Thomas Rapper.

City attorney.

Yes, uh Mr.

Heinrich and Mr.

Ravert bring this claim alleging property damage from a sewer back up at their property located at 3123 North Humboldt Boulevard on October 24th, 2025.

They seek 37,200 in damages for repairs to their sewer lateral.

Uh they claim that their lateral was compromised by a 54-inch water main located directly above the lateral that they allege may have shifted at some point.

Um the last work performed in the area was in January of 2022 for a lead service line replacement.

Uh but that replacement was not in close proximity to the claimant's sewer lateral.

Uh the city attorney's office has recommended denial because there is no proof of a causal link between any city activities and the claimants allegedly damaged sewer lateral, and therefore our office does not believe that we are liable for damages.

Mr.

Chair.

Uh at this level of claim, we're not equipped to deal with a $37,000 claim.

That would take extensive testimony, expert witnesses, damaged witnesses.

So it's a novel theory.

I think we had this before on Humbled, actually, where the same theory was asserted that road construction and the and the breaking of concrete cause a much larger water main to damage a much more fragile sewer lateral under that water main.

I get the theory, it's plausible, but not without expert testimony, expert witnesses.

So I moved denial.

We'll save time on this one because there's no way we're gonna pay 37,000.

Motion for denial, Water Obama.

Can we speak to this at all?

I mean, there was a there was a it's a four-foot water main, not a four-inch.

Yeah, I get it.

And the same problem happened four doors down.

We actually have additional documentation about that to support this.

Yeah, I know, and I believe that claim was here because I remember hearing this exact theory.

That person didn't make a claim even, so that's a that's a third issue then.

I mean I'm not saying you don't have a claim, but not one that we can handle here.

This this is suitable for circuit court.

And he's saying right they deny it so that procedurally we can move forward.

Absolutely correct.

All right.

Um, as uh it seems like you are aware, uh, this is not the last step.

So what happens next is that it goes to the full common council, and if the full common council adopts this committee's recommendation of denial, we receive a formal notice of denial and by mail.

Once you have received that notice of denial, you will have satisfied the statutory prerequisites to file suit against the city and circuit court, should you wish to pursue that avenue of relief.

All right, thank you.

Item 10, 251851 resolution related to the claim of Charlie Mickle.

Michael.

Michael I don't city attorney.

All right.

City attorney.

Yes.

Mr.

Michael uh brings us claim alleging that a city sanitation truck struck a brick wall on his property located at 40 or sorry, 2422, South Austin Street on October 31st, 2025, and caused damage.

Fleet operations conducted an investigation, and the uh investigator uh documented the condition of the wall, which showed deterioration of the bricks and cracking and missing mortar joints.

Um, but overall, the damage did not seem consistent with damage associated with impact from a mortar vehicle.

Uh the city's attorney's office has recommended denial because there is no evidence showing that damage to Mr.

Michael's property was caused by a city vehicle, and therefore the city is not liable for damages.

Uh representative from DPW can speak more about the facts.

All right, morning.

Ernest Stubbs, uh fleet uh lead uh investigator.

Uh we received a claim, a call from the citizen claims that a garbage truck may have run into the alley side of his uh home while backing down a day-in alley, causing damage to the outside of the center block wall of the home.

The citizen city does not have any specific day or time when this damage was called.

Citizen claims damage was called between the dates of 1031 25 through 11625, and he didn't notice any damage until November 6th.

Uh sent an investigator out there on uh November.

I'm sorry.

Um I left my glasses in the car, I apologize.

November 6, 2025, uh he took pictures, measurements.

Uh I'm sorry, I passed it up there.

It used measurements of uh garbage packers and recycling trucks that go down that alley.

I spoke to several route drivers that worked at that area.

When the driver bags down that alley, the laborer should be in the back of the truck guiding him.

Uh, everyone I spoke with says the labor was out, they saw no damage, they had no damage.

Uh noticed directly across from the claimant's property is three garages, private garages.

Uh, with the width of the alley, the berth that he drives down.

Uh, don't foresee him hitting anything, and then directly across where his neighbors uh bag in and out or go in and out of their property is a possibility that someone else came out of that alley, uh, maybe in the snow and sleed, made contact with his property, but I cannot show any evidence on the trucks, uh paint transfer on his building on his bricks that would have come from a city vehicle or city garbage truck.

Hold on, Mr.

Michaels, morning.

Good morning, sorry.

So you noticed the damage and um you just noticed it one day.

Yeah, but basically, my alley, you can either go right or left to get out of the get out, you know, get out to the city streets.

So I had been going right to go out to hit 794, and that day to the other the morning that I noticed it, I had went left because I had to go uh a different route, and I was like, oh, what the heck happened here?

So I noticed that my uh that my uh house had been hit.

Um looked at the tracks.

Um that that morning I really didn't have time to look at it and get into it.

But basically, when I went back and saw the tracks and for I've been in that house since 2010, and I've seen those um garbage trucks back up and down that alley all the time, which I think is crazy to back up and down that alley because it's it's wide, but it ain't that wide.

Um they uh before they ran over and hit my uh retaining wall.

I never made a claim, I just paid for it because it's like is it worth uh is it worth the time in trouble?

But this claim I put in because it was it was uh it was a lot of damage.

My uh my estimate was too high.

Um I had a problem with the contractor, so I and I had a problem with the contractor, I had a problem with my insurance company.

So I ended up uh the insurance company tried to say there was only a thousand dollars worth of damage, and there was no way that was a thousand dollars worth of damage what was done.

So I ended up working with them, they had another their own contractor come out, and the damage was around ten thousand five hundred.

So the insurance company paid that claim, and I had to pay the claim.

I had to pay a thousand dollar deductible.

So the original, I was nervous about the original estimate when I made the claim because I wasn't sure the insurance company was giving me a hard time.

So insurance company did pay it, but you know, I didn't file a new claim or anything, but I mean, only thing I would ask for now is a thousand dollars.

Um, just uh to cover my deductible.

Um I've seen I've seen those guys back down that alley.

I had the track, I had pictures of their tracks.

I'm pretty sure they had I can't prove it because my ring camera faces to the back of my house, but you understand our dilemma here.

I I understand.

If you can't prove it.

I mean, no eyewitnesses, no paint, no parts left in the I mean it's a summer time, so there's no snow tracks or anything like that.

Yeah, it was in the fall, so there was no snow tracks.

It was, you know, so there was, you know, but we appreciate your honesty.

At least you admitted you get you have insurance and yeah, yeah, yeah, yeah.

No, when I when I first initially made the claim when they had when they came back with that thousand dollars, I was like, there's no way that's a thousand dollars to repair that.

I have to get my bumper repaired, and that was a thousand dollars, so that that just the labor on that isn't isn't gonna match up besides you go into getting the break the match it and everything back, so move denial.

Move a denial auto bottom moves denial.

Any questions, any objections?

Hearing that's order.

All right, so this is not the last step.

Uh next it goes to the full common council on July 31st, 2026.

Uh, and if the full common council adopts this committee's recommendation of denial, uh you receive a formal notice of denial by mail, and then once you have received that uh formal notice, you can file suit in circuit court against the city if you wish to pursue that avenue.

Thanks for coming.

This is it.

Thank you.

C A Ulysses.

Okay.

Item 11, 260394.

Resolution canceling real estate taxes levied against certain parcels bearing tax key numbers on the 2025 tax rolls, plus interest applicable to dates and repayment if appropriate.

Good morning.

Uh my name is Dan Campbell.

I am the assessment appeals director, City of Milwaukee's assessor's office.

Um, I am here pertaining to item 11, uh, which pertains to five parcels.

Um for the taxpayers, I will say it's one of the parcels is residential, and um four of them are commercial uh parcels.

Uh pertains to appeals that were filed for the year 2025.

Um the reduction assessment was uh achieved through a settlement and stipulation with the taxpayers uh and was approved by the board of review.

The total reduction, the assessment for the five parcels was six hundred and fifty-three thousand seven hundred and the uh net total net refund uh that we're asking to pay out is thirteen thousand five hundred and ninety-nine dollars and twelve cents.

So then again, 13,000?

599.12 cents.

Just closed my that's what's paid out?

That's the total net.

Okay.

And how does this uh people filing claims against or yeah, they they file an objection to their property assessment.

And then of course, there's communication.

A lot of times it's an adjustment made uh due to finding out conditions.

So it might be a home or a commercial property that we haven't been in in years.

Two months.

And it's just a maybe a change in the record on commercial property.

It might be uh every year we send out a letter asking for income expenses.

Rarely do we get anything back, and then when they appeal, we might go there and find out that the occupancy is lower than what the the market is in that area or in the city.

Um, and then we will make the appropriate adjustments and then we come to an agreement.

We try to come to agreement with the taxpayer, and then they sign a stipulation.

It's stipulations given to the board of review and they sign off on it.

All right, so this is commercial and residential, but this is all in one or no, it's five parcels, and uh one of them is a residential parcel, and the other four are commercial.

Um I think are adjacent to each other in their apartments.

Okay, and a third is also an apartment, but move approval moves approval.

Any questions, any objections?

Harry no order.

Thank you.

Thank you.

All right.

Auto woman Pratt moves us into closed session.

Hearing no objections, so ordered.

The judiciary and legislation committee may convene into closed session on Monday, July 27, 2026, and room 301B, City Hall 200 East Will Street in Milwaukee, Wisconsin.

Pursuant pursuant to state statute 19.851G, Wisconsin statute for the purpose of conferring with the city attorney who will render or or written advice which respects to litigation in which the city or is likely to become involved, and then may go into open session for regular agenda items.

Hallelujah.

Hello, man Prad.

Otherwin Bauman.

Hallelujah with Moreland.

Excuse.

And Mr.

Two six zero four two eight resolution related to the common council file number two five one nine nine six and authorizing the settlement of the claim in the lawsuit in title eight seven five East LLC versus City Milwaukee.

City attorney.

Yes, for the reasons discussed in closed session, the city attorney's office recommends approval.

So order item thirteen, two six zero three seven five resolution authorizing payment of the claim of Brandon Wilker.

Yes, for the reasons uh discussed in closed session, the City Attorney's Office recommends approval.

All right.

So ordered.

Item fourteen, two six zero three eight three.

Resolution authorizing a payment of the Alanda Moffat.

For the reasons discussed in close session, the city attorney's office recommends approval.

Item fifteen, two six zero, four four nine resolution authorizing settlement of the claim in the lawsuit in title Haven funds LLC versus the city of Milwaukee.

All right.