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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 21, 2020 RECESSED MEETING held Tuesday, April 21, 2020, at 12:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Matt Mugerauer, Jake Krause, Bob Poeschl (virtual), Bill Miller, Deb Allison-Aasby, Steve Herman and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney CONSENT AGENDA Oshkosh Board of Canvass filing of the Official Statement of Votes Cast for the April 7, 2020 Election for Oshkosh Common Council declaring Lynnsey Erickson, Michael Ford and Matt Mugerauer as elected. MOTION: ADOPT (Allison-Aasby; second, Miller) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri OTHER BUSINESS Council Member Mugerauer thanked Council Member Miller for his commitment to the City and community. He presented him with a plaque for his service on Council. Council Member Miller thanked Council and his supporters during his time on Council. Council Member Allison-Aasby shared her appreciation for Council Member Herman and presented him with a plaque for his many years of service on the City Council. Council Member Herman thanked Council, staff and supporters during his time on City Council. He recommended that the new Council members participate and tour each department to learn about the intricacies of the City. Mayor Palmeri thanked the Council Members for their service. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 21, 2020 2 MOTION: ADJOURN SINE DIE (Mugerauer; second, Miller) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri The meeting adjourned at 12:16 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 21, 2020 ORGANIZATIONAL MEETING held Tuesday, April 21, 2020, at 12:16 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Deb Allison-Aasby, Lynnsey Erickson, Michael Ford, Jake Krause, Matt Mugerauer, Bob Poeschl and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney NOTE: City Clerk administered the oath of office to the three newly elected Council Members Lynnsey Erickson, Michael Ford and Matt Mugerauer. Mayor Palmeri opened the floor for nominations for Deputy Mayor. Council Member Allison-Aasby nominated Council Members Mugerauer and Krause. Mayor Palmeri stated nominations were closed. MOTION: CLOSE NOMINATIONS FOR DEPUTY MAYOR (Allison-Aasby; second, Ford) CARRIED: Ayes (7) Allison-Aasby, Erickson, Ford, Krause, Mugerauer, Poeschl and Mayor Palmeri Council Member Allison-Aasby mentioned the education value and the duties of the deputy mayor. Council Member Krause thanked Council for the nomination and explained his roles while on Council. Council Member Mugerauer expressed his appreciation for the nomination and stated he would be honored to grow along with the City. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 21, 2020 2 Ms. Ubrig called the roll for election of the Deputy Mayor: Allison-Aasby voted Mugerauer Mugerauer voted Mugerauer Erickson voted Krause Poeschl voted Krause Ford voted Krause Mayor Palmeri voted Krause Krause voted Krause VOTE FOR DEPUTY MAYOR: Krause – 5 Mugerauer – 2 Ms. Ubrig declared Council Member Krause as Deputy Mayor. COUNCIL SEATING ASSIGNMENTS The Council seating assignments were decided as follows: (starting with the seat farthest to the right of the Mayor) Matt Mugerauer, Lynnsey Erickson, Jake Krause, Mayor Palmeri, Bob Poeschl, Michael Ford, Deb Allison-Aasby. PROCEDURAL MATTERS Mr. Rohloff stated all Council Members had the opportunity to tour or ride along with any of the City operations that would be scheduled through the City Manager’s office. He stated the Human Resources Department was working on an orientation for new Council Members with the accommodations due to the COVID-19 restrictions. Mayor Palmeri encouraged Council to tour and meet with departments. Mayor Palmeri stated the rules had been provided and asked if there were amendments. Mayor Palmeri explained the text from the civility pledge was added to the Council rules. Mr. Rohloff explained that the time requirement to add an item to the agenda for Council Members would be the Tuesday prior to a Council meeting by 4:00 p.m. to the Clerk’s Office. He stated if a Council Member would like a resolution or ordinance, time would be necessary to research, prepare the document and must have two Council Members request the item. He suggested Council Members discuss the potential resolution or ordinance during the Council discussion time within the agenda to give staff direction. He stated action items would need to be submitted by 4:00 p.m. on the Tuesday before the Council meeting. He explained that for the informational items the law required the City to publicly notice the items 24 hours in advance of the meeting, so those item would PROCEEDINGS OF THE COMMON COUNCIL – APRIL 21, 2020 3 need to be sent to the Clerk’s Office no later than the Monday prior to the Council Meeting unless of an emergency. Council Member Mugerauer asked about the requirement of two Council Members support a potential resolution or ordinance. Mayor Palmeri stated that the resolution or ordinance were considered substantive items and explained the importance to have support of a fellow Council Member. Council Member Ford inquired if there had been an issue prior. Council Member Allison-Aasby explained that there had been a few issues and stated it did assist with staff time. Ms. Lorenson reminded Council they should not discuss topics prior to Council meetings. Council Member Krause liked the idea of two Council members support on an action item and his concern was the potential walking quorum to gain the support. Mr. Rohloff clarified there would need to be two Council members support to add an action item to the agenda. Mayor Palmeri stated if the item had the potential to develop a resolution or ordinance then it would be considered an action item. Council Member Mugerauer expressed his concerns with a quorum prior to an action item. Mayor Palmeri stated Council Members would work with staff to have action items added to the agenda. Council Member Krause suggested presenting an action item during the discussion time on the agenda to get Council’s consensus. Mr. Rohloff stated that it would be appropriate to have Council give their consensus or Council did have the ability to have a motion and a second to give staff direction. Mayor Palmeri asked if the proposed options would be under Council discussion and direction to City Manager. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 21, 2020 4 Council Member Mugerauer stated he did not support the change. Mayor Palmeri explained the intent was to give staff direction. Council Member Allison-Aasby asked if the intent was to create a more formalized process by calling for a motion and a second. Mayor Palmeri confirmed and expressed that it would also give City Manager direction. Council Member Ford proposed to strike the rule adjustment until more information would be provided. Mayor Palmeri stated the rules would be on the next agenda for further discussion. Mayor Palmeri stated that Council Liaisons would report to the Council regarding various boards and commissions to keep Council informed on the workings of the boards and commission. She explained the reports would be a brief summary of topics discussed not longer than 1 minute for each board or commission. Council Member Poeschl expressed that the intent was to share with the community what each committee or board had discussed and/or working on. Mayor Palmeri explained that if Council members did not have an update they would pass on the topic. Council Member Mugerauer stated that he did not support requiring Council members to report on their board/commission. He expressed that he did not agree with reducing the Council member’s time to speak from 5 minutes to 3 minutes. Mayor Palmeri asked if the topic should be added to the next meeting for discussion. Council Member Ford asked about an exception regarding the time limit of the 3 minutes. Mayor Palmeri stated a request could be made to Council to go beyond the time limit. Council Member Mugerauer felt Council members would also give an explanation before a statement that it may go longer than 3 minutes. Council Member Poeschl stated he supported to remain at the 5 minute timeline. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 21, 2020 5 Council Member Erickson expressed her support to add the report of boards and commissions to the agenda. Council Member Mugerauer suggested a header on the agenda for the Council member’s report of boards and commissions. Council Member Allison-Aasby asked if the reports would be quarterly. Mayor Palmeri stated the topic would be on the agenda for each meeting. Mayor Palmeri explained the options regarding Council liaisons: 1. Maintain voting rights. 2. Liaisons shall be Ex Officio members of the assigned Board or Commission with no voting rights and shall not count towards a quorum. 3. If a Council Member misses more than three (3) assigned meetings as liaison during the year of appointment, the Mayor may nominate a replacement Council Member to replace the current liaison. 4. Eliminate Council Member appointments as liaisons to Boards and Commissions. Mr. Rohloff confirmed that it did include the Council representative. Council Member Ford stated he was indifferent with the voting rights and expressed his support to keep a liaison on each board or commission. Council Member Allison-Aasby stated that she supported options 1 & 2 and that she did not support options 3 & 4. Council Member Mugerauer explained he would prefer to maintain status quo and expressed his concerns with the current vacancies that existed for the various boards and commissions. Mayor Palmeri asked if Council was interested in the change for the ex-officio, if so, the ordinance would need to be updated. Ms. Lorenson confirmed the ordinances would need to be changed. Council Member Krause stated his support for options 1 & 2 and expressed that he did not support option 3. He suggested with option 3 to changed 3 missed meetings to 4. Council Member Mugerauer explained that non Council members could not miss more than 3 meetings a year. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 21, 2020 6 Ms. Lorenson stated that the rule was not a general rule for all boards and commissions. Mayor Palmeri explained that the rule might be specific to the board and commission not general rules. Council Member Allison-Aasby stated her concerns with the significant amount of vacancies. Mayor Palmeri expressed her concerns with the number of boards and commissions that would like to have Council representatives. Council Member Ford asked about the goal to reduce the number of members. Mayor Palmeri stated the City had added the alternates to committees that did not already have them and the City had provided youth opportunities to serve. Council Member Poeschl requested a report of the state of the boards and commissions to review before decisions are made. Mayor Palmeri asked if the report would be an attendance report. Council Member Poeschl explained he would like to see how many Council members made up the possible quorum. Mayor Palmeri asked for an updated report of the boards and commissions and explained Council may not be able to fulfill all the requests for a Council representative to serve on a board or commission. Mr. Rohloff stated that staff would update the current report and provide a copy to Council. Mayor Palmeri mentioned that Council members may participate remotely along with board and commission members if there were quorum issues. She stated the ordinance would be changed to allow all members to participate either in-person or virtually. Mr. Rohloff explained the Governor’s order stated to use technology to avoid meeting in person this included virtual meeting, teleconference, and remote work however the City did not fall into the category. Council Member Erickson stated her support to allow for the virtual option. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 21, 2020 7 Mayor Palmeri asked about the call in option. Mr. Rohloff stated the City did have the options available for virtual and phone call. He explained the City would accommodate boards and commissions to participate virtually should a member require technology needs, staff would assist. Mayor Palmeri asked if the virtual option would allow boards and commissions to resume meetings. Mr. Rohloff explained that the boards and commission that provide recommendations for the Capital Improvement Plan (CIP) would need to convene due to timing. Council Member Mugerauer suggested to allow the courtesy to boards and commissions should they need to meet with the technology. Mayor Palmeri expressed that Council would need to update the ordinance to allow members to participate virtually. Mr. Rohloff stated that staff would provide an updated ordinance for adoption on first reading if that was the direction from Council. Council Member Ford asked if under the emergency declaration the City would be able to hold virtual meetings. Mr. Rohloff explained that the City had not accommodated remote meetings prior to the emergency declaration. Ms. Lorenson stated the City had a separate ordinance that related to remote participation during the emergency declaration and stated the modification would be made easily. Council Member Ford asked once the emergency declaration was over would remote participate be allowed. Ms. Lorenson confirmed it would not be allowed. Mayor Palmeri suggested to add a clause in the proposed ordinance for a virtual option after the emergency declaration was over. Ms. Lorenson stated that staff would need to research the matter regarding each board and commission requirement. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 21, 2020 8 Mayor Palmeri asked what accommodations had been requested to participate. Mr. Rohloff explained accommodations for hearing impaired citizens had been requested and the hearing loops provided for those citizens. Mayor Palmeri asked if there had been a closed caption request. Mr. Rohloff stated no. Mayor Palmeri expressed that new applications were received for boards and commissions. She thanked staff for the program that generated vacancy reports. She mentioned the various vacancies available for boards and commissions. MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL WHO WILL RENDER ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY IS OR IS LIKELY TO BECOME INVOLVED RELATED TO FOX VALLEY PRO BASKETBALL, INC. AND/OR PROPERTY LOCATED AT 1212 SOUTH MAIN STREET IN THE CITY OF OSHKOSH (Krause; second, Allison-Aasby) CARRIED: Ayes (7) Allison-Aasby, Erickson, Ford, Krause, Mugerauer, Poeschl and Mayor Palmeri MOTION: ADJOURN (Mugerauer; second, Ford) CARRIED: VOICE VOTE The meeting adjourned at 1:35 p.m. PAMELA R. UBRIG CITY CLERK