HomeMy WebLinkAbout02. Common Council Minutes from 4.14.2020 PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
APRIL 14, 2020
REGULAR MEETING held Tuesday April 14, 2020, at 6:00 pm in Council Chambers, City
Hall.
Mayor Palmeri presided.
PRESENT: Council Members Bob Poeschl (virtual), Bill Miller, Deb Allison-Aasby, Steven
Herman, Matt Mugerauer, Jake Krause and Mayor Lori Palmeri.
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk, and Lynn
Lorenson, City Attorney
Council Member Poeschl read the invocation.
The Pledge of Allegiance was led by Council Member Poeschl.
CONSENT AGENDA
Report of Bills by the Finance Director
Receipt of Claims filed with the City's Insurance Company:
A) Cathy Bowen for alleged injuries due to a fall on the sidewalk
Resolution 20-143 Approve Cash & Investments Report from December 2019
Resolution 20-144 Cancel Outstanding Checks; Write-off Delinquent & Uncollectible
Accounts
Resolution 20-145 Approve Fund Balance Carry-overs
Resolution 20-146 Close Funds & Transfer Assets
Resolution 20-147 Approve Initial Resolution for Special Assessments for Storm Sewer
Laterals Relating to Contract No. 20-20/Various Locations
Resolution 20-148 Approve Change Order No. 1 for Public Works Contract No. 18-14
Oshkosh Avenue Area Redevelopment Infrastructure Improvements
/Vinton Construction Company (-$107,194.67)
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Resolution 20-149 Approve Revisions to Economic Development Revolving Loan Fund
Program Manual
Council Member Mugerauer stated that the fund manual needed updating and the
documents had been scheduled for the Long Range Finance Committee (LRFC) to review.
He explained that due to a lack of a quorum in December, this was now on the upcoming
LRFC agenda.
Allen Davis, Director of Community Development explained the updated manual indicated
the amount of funds held in accounts and audit procedures on a quarterly bases.
Mayor Palmeri inquired about receiving quarterly reports.
Mr. Davis expressed that the Council would receive quarterly reports.
Resolution 20-150 Approve Revisions to Capital Catalyst Fund Manual
Resolution 20-151 Authorize Submittal of Department of Natural Resources Stewardship
Grant for Pioneer Riverwalk Main Street to Railroad Tracks
MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Allison-Aasby)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 20-152 Amend Various Sections of the Chapter 30 Zoning Ordinance (Plan
Commission Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Mayor Palmeri requested a summary on the zoning amendments.
Allen Davis, Director of Community Development explained the zoning changes pertained
to lighting and landscaping requirements, the parking overlay in the downtown area, along
with our code being similar to the Department of Natural Resources (DNR) code regarding
the clean-up of the shoreline.
Deputy Mayor Herman asked for an explanation on the roofing portion.
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Mr. Davis explained the amendments that pertained to the metal roofs had certain
requirements that needed to be met per the codes that were in place.
Resolution 20-153 Award Bid to Statz Restoration for Exterior Rehabilitation for the Public
Museum Carriage House ($67,700.00)
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Deputy Mayor Herman explained that Council requested the Director of Museum, to be
present to explain the need for the work and stated he now understood there was a water
issue at the facility.
Brad Larson, Director of Museum stated the issues would have been taken care of with the
roof replacement if the previous bids would not have so high. He explained with the rebid
of the Carriage House chimney and the support piers on the east front of the Museum, they
wanted these issues rectified.
Council Member Miller apologized to Mr.Larson for requesting him to appear before Council
regarding this matter.
Resolution 20-154 Amend Special Assessment Policy to Defer First Installment of Special
Assessments Certified During Calendar Year 2020
MOTION: ADOPT (Mugerauer; second, Herman)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Mayor Palmeri questioned if the special assessment deferral policy was for improvements
completed in 2019 and certified in 2020.
Russ Van Gompel,Director of Finance,explained certifications of assessment contracts would
be held off for one year.
Mayor Palmeri asked about the project from 2018.
Mr. Rohloff stated that project would be held over as well.
Deputy Mayor Herman asked if the resolution only pertained to streets or was the sidewalk
program included.
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Mr. Van Gompel confirmed the deferral policy included the sidewalk contract.
Deputy Mayor Herman questioned if the projects were bonded.
Mr. Rohloff explained that the city would borrow for the special assessments and payment
would be received after certification. He state the city was not forgiving the payments,
just deferring them.
Resolution 20-155 Temporarily Suspend Certain Provisions in Relation to Public Utilities
during the COVID-19 Emergency
MOTION: ADOPT (Mugerauer; second, Herman)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Council Member Mugerauer asked for an explanation on how the city would be helping
citizens in our community.
Russ Van Gompel, Director of Finance explained the city would not charge penalties or
interest for late payments and encouraged residents to set up payment plans.
Resolution 20-156 Approve Transportation Agreement with Oshkosh Area School
District for Student Transportation
MOTION: ADOPT (Mugerauer; second, Herman)
MOTION: AMEND THAT OSHKOSH AREA SCHOOL DISTRICT PROVIDE/
SHARE ATTENDANCE INFORMATION (Allison-Aasby; second,
Herman)
CARRIED: Ayes (6) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Mayor
Palmeri;
Noes (1) Poeschl
VOTE ON RESOLUTION AS AMENDED:
CARRIED: Ayes (6) Poeschl, Miller, Allison-Aasby, Mugerauer, Krause, Mayor
Palmeri;
Noes (1) Herman
Mayor Palmeri asked about citizen statements.
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Clerk Ubrig stated she had received a communication from Mike Norton, 1027 N. Main Street
and it would be added to the record.
Deputy Mayor Herman stated about a year and half ago, a group called ESTHER brought a
study forward showing 10% of students within a mile of school were having issues getting to
school and felt there was a tie between truancy and getting children getting to school. He
questioned if the Oshkosh Area School District (OASD) approached the City on the issue.
Jim Collins, Director of Transportation stated that OASD did not approach the City, ESTHER,
a social justice group,brought the issue to the city. He explained ESTHER eventually brought
the topic up at an OASD meeting.
Deputy Mayor Herman stated ESTHER was concerned about a small group of children. He
explained these issues come into play with weather conditions and no rides from parents. He
also asked when private schools were brought into the agreement.
Mr. Rohloff informed the Council that Superintendent of Schools, Vicki Cartwright, stated
that based on state statues, the district needed to offer the program to private schools;
therefore, it was added to the contract with an impact of$3,500.00 averaging about $3.00 per
student.
Deputy Mayor Herman inquired about the city funding all the private/parochial schools and
outlaying towns with no extra funding from them.
Mr. Rohloff confirmed that Oshkosh was the only municipality participating in the program.
Mayor Palmeri stated that the report would include the transit development plan (TDP) that
the transit committee would review.
Mr. Collins agreed.
Council Member Krause questioned if the additional cost for private schools was $3,500.00.
Mr. Rohloff stated yes and explained that portion would come from the OASD share.
Council Member Poeschl questioned if at one point in the past Mr. Rohloff and Ms.
Cartwright worked together to create a funding pitch through the Oshkosh Community
Foundation to fund a program like this.
Mr. Rohloff stated that it was initiated by the Oshkosh Area School District.
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Council Member Poeschl commented that the Oshkosh Area School District had not come to
the table on this. He explained with the change of leadership, there was an interest in
exploring this model. He stated that the City and OASD had been meeting regularly which
had since changed.
Mayor Palmeri commented that there had been two joint sessions with the OASD that
indicated there would be a new program and now with the new superintendent it faded.
Council Member Allison-Aasby stated that she thought the agreement was what Council
originally discussed except the portion where data would be collected and shared. She
suggested to make an amendment to add language to the agreement that the OASD would
share data.
Council Member Mugerauer indicated that metrics needed to be collected. He thanked Mr.
Rohloff for the time he put into the agreement per Council's direction. He explained it was at
its current stage due to himself and Council Member Poeschl pushing the transportation issue
forward. He indicated the question of Mr. Norton was a fair question, the Transit Advisory
Committee advises Council. He stated with the matter being a budget concern Council
would address the funding.
Council Member Poeschl stated that the data was already being collected and used, it was
unclear as to why an amendment was needed.
Council Member Allison-Aasby stated the information would determine if the contract
improved the situation of truancy and attendance. She requested it in the spirit of
collaboration and sharing between the Oshkosh Area School District and the City of Oshkosh.
Council Member Miller stated he wanted to benchmark the program and not waste funds.
Council Member Allison-Aasby added she wanted it to be a partnership and share data.
Council Member Miller stated that the city was now part of the funding.
Mr. Rohloff explained he communicated with Ms. Cartwright and she indicated she could
provide the data information to the city. He stated Ms. Cartwright asked not to include the
language in the agreement so it would not need to be taken to her board for approval.
Mayor Palmeri stated the amendment was to add what the impact of the agreement was
regarding attendance.
Allison-Aasby stated that was correct.
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Council Member Miller indicated the importance to have data for future Council to make
informed decisions.
Mayor Palmeri questioned whether the data portion needed to be in the agreement as the
data was already collected and available at request.
Mr. Rohloff stated that Ms. Cartwright had not suggested to add language to the agreement
as she felt she could get that data to the city. He explained whether the data portion was
added to the agreement or requested, the City wanted ridership data to determine the
demand.
Mayor Palmeri stated she felt originally the program was to address the high percentage of
poverty not only addressing truancy. She explained it was intended for all students to relieve
financial impacts.
Council Member Allison-Aasby stated that she felt if the City was contractually obligated,
that the DASD should be contractually obligated to hold up their end of sharing data.
Mr. Rohloff asked if the Council wished to do an amendment to the agreement that they
would give staff time to make the change.
Council Member Poeschl stated when passing the program, data would be created,
information that they did not have before.
Deputy Mayor Herman questioned if he was correct in his understanding that by law a
Council Member could not vote on any ordinance that had an economic impact on them.
Ms. Lorenson stated that was not correct. She stated it depended on the situation and advised
that should be handled on a personal bases.
Deputy Mayor Herman stated he had concerns about conflict of interests, the program being
year round and it covered students outside the city. He also believed there was an economic
impact to certain individuals. He stated there were flaws in the agreement and indicated he
would not support.
Council Member Miller stated he would be supportive because it was a two year agreement.
He stated that in the interest of the kids he felt the City could help get the program started.
Council Member Poeschl asked for clarification on the Attorney's previous statement as he
had not been able to hear.
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Ms. Lorenson explained that it was a personal ethics issue and should be handled on a
personal level.
Deputy Mayor Herman stated he felt some individuals voting would benefit from the
program.
Council Member Poeschl stated that he felt other Council Members would be benefitting as
well as it was an all-encompassing program for the entire school district, not just one school.
Resolution 20-157 Approve Economic Development Revolving Loan Fund COVID-19
Emergency Response Program ($250,000.00)
MOTION: ADOPT (Allison-Aasby; second, Miller)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Council Member Miller questioned if the pool of funds would be up to a million dollars and
what the process would be.
Allen Davis, Director of Community Development explained it was a revolving loan fund
and the City was pulling funds from TIF 16, 14 and 19 to increase the program by April 28,
2020. He stated with this effort, the funds would then have one million dollars available.
Council Member Miller asked if there would be more funds available if needed in the future.
Mr. Davis stated yes.
Council Member Mugerauer pointed out that the county was also working on the program
and asked Mr. Davis to elaborate.
Mr. Davis stated that was correct and that there was$750,000.00 available county wide,which
Neenah, Menasha, and Oshkosh would have access to.
Mr. Rohloff stated that the City would help assist clients in the direction of what program
would suite their situation the best.
Council Member Mugerauer thanked all the partners in the effort. He stated that not every
community was in the position to help or invest in their business community and this would
help everyone come out a little better at the end of it all.
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Mr. Rohloff explained the City was going to take a hit during the pandemic but would help
in whatever way they could.
Council Member Allison-Aasby commented that she received a phone call from a company
in Oshkosh that had applied through a Federal program and received funding right away.
She stated it was great news that local business were able to take advantage of these
programs.
Resolution 20-158 Approve Budget Amendment for TID 16 - 100 Block Redevelopment
2020 Operating Budget ($250,000.00)
MOTION: ADOPT (Allison-Aasby; second, Miller)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Resolution 20-159 Award Bid for Public Works Contract No. 20-04 to PTS Contractors,
Inc. for Snell Road (Jackson Street to Moser Street) Reconstruction &
North Main Street Storm Sewer Construction ($4,383,000.00)
MOTION: ADOPT (Mugerauer; second, Miller)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Resolution 20-160 Approve Purchases of Traffic Signal Equipment, RRFB Signals, Poles &
Fixtures to TAPCO for the Snell Road Reconstruction Project 20-04
($62,470.46)
MOTION: ADOPT (Mugerauer; second, Miller)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Resolution 20-161 Approve Amendment to Professional Services Agreement for West 28th
Avenue Pump Station Design/Jacobs Engineering Group ($20,660.00)
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Resolution 20-162 Approve Amendment to Agreement for Flow Monitoring Collection
Services for 2020 /ADS Environmental Services, Inc. ($59,985.00)
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
MOTION: ADOPT (Mugerauer; second, Herman)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Resolution 20-163 Approve Change Order No. 1 for Public Works Contract 19-01 West
Waukau Avenue Gallup s-Merritts Creek Crossing Reconstruction /
Highway Landscapers, Inc. ($21,365.16)
MOTION: ADOPT (Mugerauer; second, Miller)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
Council Member Miller requested an explanation of the change order and questioned if
additional funds were added.
James Rabe, Director of Public Works stated there were no funds added. He explained a
change order was making the contract match what the City asked contractors to do.
Resolution 20-164 Award Bid to Brooks Tractor Inc. for a Rubber Tracked Excavator for the
Street Division ($177,386.25)
MOTION: ADOPT (Herman; second, Miller)
MOTION: LAYOVER (Miller; no second)
LOST: LACK OF SECOND
VOTE ON ORIGINAL RESOLUTION:
CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor
Palmeri;
Noes (1) Miller
Mayor Palmeri questioned what the piece of equipment did.
James Rabe, Director of Public Works explained it was a small tracked excavator that would
replace a piece of equipment the city owned for 10 years and had a number of repairs that
needed to be completed for approximately$50,000 to $100,000.
Mayor Palmeri questioned the equipment was only 10 years old.
Mr. Rabe stated that was correct. He explained that the tracks were worn significantly and
other items were in need of repair. He stated instead of the city spending the funds to repair
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
the piece of equipment, it made sense to purchase the new excavator.
Mayor Palmeri asked if there was an option to lease a piece of equipment verses purchasing
a new one.
Mr. Rabe stated there were no leasing options.
Council Member Miller questioned the number of hours on the piece of equipment being
replaced and if it was something the City could limp along for another year
Mr. Rabe stated it had approximately 7,000 hours on it and expressed that they could not limp
it along without spending $50,0004100,000 to repair it.
Council Member Krause questioned Mr. Rabe if he had read in the memo background
information section that the current piece of equipment had 3,698 hours on it.
Mayor Palmeri asked for clarification on what the number of hours on the equipment was
equivalent to.
Council Member Krause stated it was the amount of hours that the motor was running.
Mr. Rabe apologized, as he had the numbers backwards and the number in the memo was
correct.
Council Member Krause asked if there was only one bid obtained on the piece of equipment.
Mr. Rabe stated that the purchasing division handled the bid and he did not have a copy of
that with him.
Mr. Rohloff explained that purchasing typically did the bids on a website they used and they
would obtain a few bids but with this special piece of equipment needed, there was only one
bid received.
Council Member Krause asked if the City took any of their equipment to market before
purchasing a new piece of equipment.
Mr. Rabe stated that it was on a case by case basis and they did what was best in each
situation.
Council Member Krause asked about trading in the current equipment.
Mr. Rohloff stated that in this case, they would be using the trade in.
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Deputy Mayor Herman questioned if these items were in the Capital Improvement Program
(CIP).
Mr. Rabe indicated they were accounted for.
Deputy Mayor Herman asked for clarification on what the piece of equipment would do.
Mr. Rabe explained the main purpose would be for storm sewer repairs that the street
division did as well as street repairs or any shallow work needed. He stated it was commonly
known as a mini excavator, a smaller piece of equipment to easily maneuver.
Mayor Palmeri questioned the number of working hours on the equipment was not
equivalent to the amount of miles of street repair the City did.
Mr. Rabe explained that the road construction she was referring to was completed by
contractors, not done by the street division.
Mayor Palmeri clarified that the equipment they were looking to purchase was not used for
the road construction.
Mr. Rabe stated that was correct. He explained it was for storm water utility work.
Resolution 20-165 Award Bid to Brooks Tractor Inc. for a 20 Ton Equipment Trailer for the
Street Division ($21,500.00)
MOTION: ADOPT (Herman; second, Miller)
CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor
Palmeri;
Noes (1) Miller
Resolution 20-166 Award Bid to Envirotech Equipment Company for a Street Sweeper for
the Storm Water Utility ($259,600.00)
MOTION: ADOPT (Herman; second, Mugerauer)
CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor
Palmeri;
Noes (1) Miller
Council Member Miller questioned if the purchase could be delayed one year.
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PROCEEDINGS OF THE COMMON COUNCIL —APRIL 14, 2020
James Rabe, Director of Public Works explained that due to the amount of work the
equipment performed, he believed it would be difficult to hold off. He stated there were
significant issues on the equipment; the cab was not in production and getting parts were
difficult. He explained the unit itself had just under 67,000 miles on it with a lot of wear and
tear.
Council Member Mugerauer asked why this was being purchased with storm water utility
funds instead of street division funds.
Mr. Rabe stated that street sweepers were pollution control devices. He explained the City
held a permit through the Wisconsin Department of Natural Resources (DNR) under the
Federal Clean Water Act and the permit was managed through the storm water utility and
that was what the equipment would be used for.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS
Mr. Rohloff explained the 2019 preliminary budget report had a 1.7 million surplus, which
was close to what had been projected. He explained the cost of the computer virus was in
there as well as the COVID-19 emergency funds. He asked Council when they would like to
see another report on a future agenda.
Mayor Palmeri asked for examples of items that would not be reimbursed under the COVID-
19 Act.
Russ Van Gompel, Director of Finance explained that 75%of items would be reimbursed and
the remaining 25% would be at local cost. He stated the City would document the potential
claims they could submit under the declaration, they needed the final word of what would
be covered.
Mayor Palmeri asked if there was a figure that had already been spent in that category.
Mr. Van Gompel stated he did not. He explained that they were documenting everything
including the amount of time spent in the Emergency Operation Center (EOC) and supplies
needed. He stated the city needed the Federal Emergency Management Agency (FEMA)
information on the final reimbursement list.
Mr. Rohloff explained that they tracked everything including salary positioned employees'
time that had been spent on the declaration and they would submit those types of cost but
guessed that it would not be reimbursed. He explained that a lot of other city related items
had been put on hold to deal with the declaration of emergency.
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Council Member Mugerauer went back to the original question of Mr. Rohloff's and stated
that he believed items should be played out a little longer before bringing it back to Council.
He believed possibly the first meeting in June would be the earliest.
Mayor Palmeri concurred that it would give time for the new council to get caught up to
speed.
Mr. Rohloff explained that the City was taking other hits such as tickets as the Police
Department was not pulling as many people over because people were not driving. He stated
less parking meant less parking issues. He agreed that postponing until June would be
sufficient.
Mayor Palmeri explained that Council Members were allowed to participate virtually during
the meetings and ask Council Member Poeschl how his experience had been.
Council Member Poeschl stated that it had been good, with a few challenges in hearing
everything.
Deputy Mayor Herman believed that this topic should be addressed at the organizational
meeting as there would be two new Council Members and they should have a say on the
virtual meeting discussion.
Mayor Palmeri pointed out that there were ten people in the Council Chambers at this
meeting and at the Organization Meeting there would be the two new Council Members. She
stated there may need to be some individuals that wait in the hall at the noon Council Meeting
to abide by social distancing regulations. She mentioned that Board and Committee members
would be allowed to participate virtually and that needed to be revisited at a future Council
Meeting allowing the new council to weigh in on the matter.
Council Member Allison-Aasby questioned if the Council felt future Council Meetings would
be virtual as she would like advanced notice due to a college student at home and a husband
who operated his business at home. She indicated she needed to make arrangements on her
end and asked for an advanced notice.
Council Member Mugerauer stated he felt it should be a personal choice and that each
Council Member should decide for him/herself.
Mayor Palmeri stated nobody knew how long this would continue to affect everyone and
wanted everyone to be aware of the options.
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Mr. Rohloff advised the Council that department head meetings for the city had been moved
to virtual meetings and the City had purchased headphones for all department heads. He
offered that option to Council.
Council Member Poeschl commented to Council that he had a school board meeting virtually
and that the experience worked very well.
Council Member Miller stated that he was caught off guard when people had approached
him about a letter sent to Secretary Andrea Palm that was signed by Mayor Palmeri thinking
that the Council had agreed to the letter. He continued that he had some concerns and
cautioned future Council Members and Mayors when signing a letter.
Mayor Palmeri stated she believed that she had personal rights to sign.
Council Member Miller questioned why she signed as the Mayor.
Mayor Palmeri said it was herself and 10 other Mayors.
Council Member Miller asked if they all had a council form of government.
Mayor stated that did not matter.
Council Member Miller stated he did not agree and felt the Council should have been
included if she were to sign a letter as the Mayor of Oshkosh.
Mayor Palmeri stated she appreciated that it was brought up and it gave an opportunity to
have further discussion on it. She then stated the point was received and thanked Council
Member Miller.
Deputy Mayor Herman stated he looked up the definition of Mayor and he found that in
Section 2-11 of the Municipal Code there was nothing that stated the Mayor had the authority
to sign a letter on behalf of the City which was why the Council did resolutions. He stated
that under all previous Mayors they would have had a resolution on the agenda and not
signed a letter. He believed that over the years the waters had been skewed as to the actual
role of the Mayor. He believed that going forward it should be a part of the Rules of the
Council so that everyone understood and would be careful.
Mayor Palmeri asked if anyone else would like to add anything.
Council Member Mugerauer stated the issued lied with who was in charge of the City and
who actually spoke for the City and he believed one individual did and that was City
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Manager Rohloff. He went on to say that each individual shall speak for themselves and
nobody else. He continued with nine of the ten Mayors on the email were democratic and
felt it was a political game being played.
Deputy Mayor Herman stated Council Members were elected at large, there is no party
affiliation and he felt the email put Council in the light of party affiliation.
Council Member Poeschl stated that he signed onto the letter as well and he felt it was
important that several elected officials across the state were on the same page. He stated he
did not discount any of Council's ability to be able to advocate for what they believed. He
stated he felt there was a health concern with going forward with an election the following
week due to the pandemic. He also stated it was a time where elected leaders were being
called upon to stand and give opinions.
Mayor Palmeri added that in the Invocation it stated the Council was doing things that
reflected their concern for the people for whom they represented and she had no regrets.
Council Member Miller explained the content of the letter was too political and the timing of
the letter was poor. He felt it could have been brought up weeks before the midnight signing
of the letter. He also stated he wanted to avoid the conversation all together.
Mayor Palmeri questioned why he put it on the agenda.
Council Member Miller continued that he did not want to address the content of the letter
just that it was inappropriate for anyone to sign on behalf of the City prior to speaking with
Council. He felt that Council Member Poeschl and Mayor Palmeri had obviously had a
conversation prior to the signing.
Mayor Palmeri interjected that was not true and Council Member Miller did not know the
facts. She stated she was not aware that Council Member Poeschl had been on the letter.
Council Member Miller than questioned Mayor Palmeri about her concerns for citizen's
health leading up to the signing on of the email.
Mayor Palmeri responded that she was concerned all the way up to the point of the email and
she believed that the conversation could move on.
Council Member Miller restated that he had concerns about politicizing the Council and it
could not continue. He felt he and the Mayor disagreed on the situation.
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Mayor Palmeri stated they did disagree and everyone was entitled to their own opinion and
interpretation of the situation.
Council Member Miller thanked the Mayor.
CITY MANAGER ANNO UNCEMENTS & STATEMENTS
Mayor Palmeri thanked Council Member Miller for his time on Council as it would be his last
meeting. She also thanked Deputy Mayor Herman for his years of service to the community.
She thanked all the poll workers, city staff, and citizens that took the risk to go out and vote
in the recent election.
Council Member Mugerauer thanked Clerk Ubrig; Deputy Clerk Joeckel; and their staff for
dealing with all the changes that were happening with the April election. He then stated the
changes were sometimes by day or even by the hour. He felt staff and volunteers had
represented the City well and that the election went smoothly for the situation at hand and
was out of their control. He thanked the Visitors Bureau for all they had done to help get
everyone engaged with local business during the situation. He introduced a driving
scavenger hunt that was put together as something to do during these unusual times. He then
asked for a video to be played regarding Visit Oshkosh and the changes that were currently
happening during the pandemic.
Mr. Rohloff summarized the report that showed the venders that received over$300,000.00
in 2019. He informed Council of a conversation he had with Council Member Miller to
waive the liquor license fees as those businesses had been largely impacted by the COVID-
19 pandemic. He explained the license fees would be waived, the publication fee would
need to be paid and inspections completed. He mentioned the City had been lenient with
permits regarding businesses with sandwich boards. He stated there were businesses that
did not have drive thru windows and the City relaxed those rules to accommodate.
Council Member Allison-Aasby questioned if the changes would include businesses that
were not in good standing order with the City prior to COVID-19.
Mr. Rohloff responded that those were some of the issues that would need to be sorted out.
Ms. Lorensen added that the proposal was just to waive the license fees not to waive any
requirements of licensing itself.
Council Member Mugerauer added that he felt as much flexibility and adaptability to the
citizens and businesses was great, in regards to waiving fees, he questioned the financial hit
the City would take for doing this.
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Mr. Rohloff stated that he would gather all that information and bring that forward to make
an informed decision.
Mayor Palmeri stated the City had a draft vacant building registry and questioned if those
vacant buildings were being checked.
Mike Stanley, Fire Chief indicated the buildings were being checked.
Mayor Palmeri asked if an individual with a collection matter regarding an ambulance bill
would deal with the City or was the bill processed by a private company. She questioned
how bills were set up, if the company did tax interceptions when individuals were behind or
financially decimated.
Chief Stanley stated the bills were was done by a third party, the company also did
collections. He explained the company did intercept tax returns when there was a lack of
payment. He stated there were options for individuals to appeal due to hardship. He also
explained there were options for forgiveness either partial or full. He stated the company had
been sympathetic to the citizens.
Mayor Palmeri confirmed that the bills were done by the third party, not the fire department.
Chief Stanley stated that was correct.
Council Member Mugerauer questioned why the COVID-19 health information was county
wide not directly pertaining to the City.
Chief Stanley stated that the Public Health Department viewed the information as one and
was grateful that the Winnebago County Health shared any information they had with the
city. He stated that protecting people's privacy was the main concern and that was why it
was not easy to share the information. He stated there were 30 positive cases of COVID-19 in
Winnebago County, the spread of the virus had been gradual. He explained the City would
follow up with those that had showed symptoms and he felt what they were doing was
working.
Mayor Palmeri inquired if the COVID-19 numbers were lower due to the number of tests
administered.
Chief Stanley explained that testing was in two tiers, there was no shortage of tests, more of
a provider needed to prescribe a test. He stated labs were continuing to increase the amount
of tests that were being processing each day.
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PROCEEDINGS OF THE COMMON COUNCIL -APRIL 14, 2020
Council Member Miller thanked the Chief and his staff for all they had been doing. He
questioned when we would see the cases decrease.
Chief Stanley stated that he could not answer that because he honestly was not 100% sure.
Council Member Miller stated the number may continue to growing with the individuals on
the back end of the list were getting healthy.
Chief Stanley agreed, and stated the majority of the cases had not been hospitalized. He
explained the fire department had weekly calls with the hospitals and he stated as of the week
prior there was one person in Oshkosh that was on a ventilator and was being weaned off the
following day after they had spoken. He mentioned there was no shortage of ventilators or
hospital beds in Oshkosh. He reported that the EMS calls were down 17% and OPD had
trended a bit upward with that being attributed to more enforcement of Shelter in Place
issues. He stated there had been some discussions about the University of Oshkosh being
used as an isolation facility and those plans had changed.
Mayor Palmeri confirmed that the isolation center would be in the county and that anyone in
the county would have access to it.
Chief Stanley stated that was correct. He explained the facility would be used voluntarily if
someone felt they had been exposed as well as if someone had been released from the hospital
and needed somewhere to go as they were still a carrier.
MOTION: RECESS UNTIL APRIL 21, 2020 AT NOON (Herman; second, Miller)
CARRIED: Ayes (7) Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Krause,
Mayor Palmeri
The meeting recessed at 8:24 p.m.
PAMELA R. UBRIG
CITY CLERK
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