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HomeMy WebLinkAbout02.09.22 Rental Housing Advisory Board Full AgendaRental Housing Advisory Board Wednesday, February 9, 2022 3:30 PM Meeting Information: Link: https://tinyurl.com/mu2n585d Password: tM2Fx87kZKJ (86239875 from phones and video systems) Phone Number: 1-510-338-9438 Access Code: 2552 805 8752 To Whom It May Concern: Please note the City of Oshkosh Rental Housing Advisory Board will meet on Wednesday, February 9, 2022 at 3:30pm via WebEx to consider the following agenda: I. Call to Order II. Roll Call III. Citizen Statements IV. Approval of Minutes – December 8, 2021 V. Board & Commission Training – City Attorney’s Office VI. Partner Organizations Update i. Rental Assistance – Lu Scheer, ADVOCAP ii. Winnebago County Eviction Prevention Task Force – Eviction Data VII. Inspections Staff Update i. Social Media ii. Rental Inspections VIII. Community Development Director Update i. Draft Housing Study – https://rdgusa.com/sites/oshkosh/ ii. Day by Day Warming Shelter IX. Public Information Campaign – Tenant and Landlord Rights X. Other Business XI. Adjournment Rental Housing Advisory Board Minutes 1 Rental Housing Advisory Board Minutes December 8, 2021 Present: Lynnsey Erickson, Linda Jevaltas, Todd Hutchison, Timothy Ernst, TJ Hobbs Excused: Alec Gulan, Lydia Christensen, Donn Lord, Lateria Garrett Staff: John Zarate; Chief Building Official, Kelly Nieforth; Community Development Director I. Call to Order Ernst called the meeting to order at 3:32 pm. II. Roll Call Roll call was taken and a quorum declared present. III. Citizen Statements There were no citizen statements. IV. Approval of Minutes – October 13, 2021 The minutes of the August 11, 2021 meeting were approved as written. (Erickson/Jevaltas) V. ADVOCAP Rental Assistance Update – Lu Scheer, ADVOCAP Scheer stated that ADVOCAP has provided over $7,000,000 of assistance through the WERA program alone, $4,232,000 of which was in Winnebago County. 1,000 of the 1,805 households served are in Winnebago County and they estimate around $3,913 of assistance per household. ESI is behind on applications and ADVOCAP is five weeks behind. They’ve increased hours and hired more staff who will start before the holidays, but they receive approximately 36 to 48 new requests for assistance per day. Ernst asked if they still have ineligible people applying for assistance. Scheer replied that the Treasury Department made a determination that college students under the age of 25 are not eligible for this program unless they’re non-standard with a family situation. They continue to receive calls from people who have had to rent three or four bedroom apartments because smaller units are not available. Some landlords are very excited about the opportunity for them to charge whatever they want because they’re not tied to fair market rent and they pay the utilities. They’re under the impression they can have at least one year with the tenant and receive everything. Erickson asked if they’re seeing any barriers or opportunities in terms of community groups who could help communicate out the needs that they’re seeing. Rental Housing Advisory Board Minutes 2 Scheer replied that the lack of affordable housing is the issue. They are restricted with what they can help people with. Landlords are able to get more than fair market rent and they’re charging it. In Fond du Lac, there are 100 people on the street because the warming shelter cannot accommodate them. It’s a tough market and it is not going to get any easier. Hutchison asked if landlords are charging the increased amounts because they can be reimbursed through WERA of if they’re charging that amount because it’s what they can get. Scheer replied that it has to be at fair market rent which includes utilities. They’re also seeing changes with property management companies setting single standards which is not uncommon. They are not willing to work with them and they’re not interested in taking on a tenant who has been evicted in the past even with the money coming from another source. They don’t need to work with their programs because they’re able to fill their units. It’s a business decision and they can charge more for rent, but it’s leaving the most vulnerable in the community even more vulnerable. Landlords are not allowing tenants to have other people staying with them, so couch surfing is no longer an option for many people. People who were able to do that before are literally living in their cars and on the street. Hobbs replied that they understand the landlord perspective and it being a business, but housing is a human right that they have a responsibility to provide for citizens. They need to think not only about the folks living in their cars and sleeping in parks, but the houses nearby and families who visit those locations and don’t feel safe there. They need to have some regulations in place to remind people that housing is essentially a human right. An unchecked system will only lead to more issues. They feel we have a responsibility to put some regulations in place that are reasonable for all parties. Jevaltas replied that she believes that there is a law preventing the city from creating any type of rental standards. Hobbs replied that they would like more information about that, adding that just because it’s a law doesn’t mean that it’s good or that it should be a law. Scheer replied that some landlords are very sensitive to the social obligation they have to help their communities, but they’re are becoming limited. A lot of people are getting out of rental housing and selling their properties. She thinks they need some bigger ideas about what to do this winter. There was already a death on the streets two nights ago with the cold snap. Nobody wants to hear that or be that community. She’s worried about Day by Day Warming Shelter and shelters in general in the community. They’re beyond capacity and the population is increasing very quickly. Jevaltas asked if Nieforth could look to see if there are state statutes or city laws prohibiting caps on rent. Nieforth replied affirmatively. Hutchison stated that they’re going to have less housing with fixed prices. There aren’t fixed prices on real estate, healthy foods, or hospital stays, but all of a sudden it‘s rental housing that needs to have Rental Housing Advisory Board Minutes 3 fixed prices to solve the problem. He thinks that’s the incorrect solution. Ernst replied that it’s a starting point for a discussion. There are institutional obstacles to these types of changes in Wisconsin, a lot of which happen at the state level. He really hopes that everyone is at least acknowledging that what they’ve heard today is a problem and that more productive discussions need to happen. The fact that other human rights cost money is not a justification for why people should freeze this winter. We were just told that people are getting out of the business. The problem is already here. What needs to happen is an effort to prevent further loss of life and to limit the loss of dignity for these people. Research into this question is going to be absolutely essential for this winter and winters moving forward. Scheer replied that another idea might be to incentivize those who do the right thing, rather than penalizing those who don’t. Hobbs asked Scheer if ADVOCAP could provide an additional monetary incentive with WERA funds for landlords who are doing the ethical thing. Scheer replied that they cannot deviate from the federal regulations. She thinks it would be beneficial to find out from a landlord what they would be willing to do. With the market being what it is, she doesn’t know how to encourage landlords to take a risk on people. The purpose of the WERA program is to help people stay in housing, but they also have a lot of people looking for affordable housing. The landlords are going to need to be part of the solution and she looks forward to doing whatever she can to help with that solution. Jevaltas asked Scheer how many families with children are being deprived of housing. Scheer replied that 160 of the 280 people on their homeless program list are single. Oshkosh Kids Foundation has discontinued motel vouchers because they’re not a long term solution. They are great for overnight and getting out of the cold, but it is not suitable for family life. They continue to look for innovative ideas and unfortunately the need for a winter shelter. RHAB thanked Scheer for the update. VI. Landlord Resources & Eviction Expungement – Michael Rust, Winnebago County Conflict Resolution Center Michael Rust stated that Winnebago County Conflict Resolution Center is nonprofit organization and it is not a part of the county. They provide mediation services for a lot of landlords and tenants with the goal of preventing an eviction from occurring. They work to find solutions for things like non- payment of rent or rule violations and then develop a plan to move forward. The goal is to prevent the eviction from appearing on people’s records so they don’t start the cycle Scheer mentioned. Rust stated that they’re not seeing a flood of evictions in Winnebago County like they’re seeing elsewhere. Landlords have done a very good job of finding the right tenants. He and Donn Lord have worked together on things in the past and he knows the Apartment Association has been a great Rental Housing Advisory Board Minutes 4 resource for landlords. Donn is a huge proponent of landlords doing background research on a tenant before renting to them. He’s been a landlord for many years and has never had to file an eviction because he does his work on the front end and works with tenants on the back end if they end up in a situation where they’re unable to make those payments. The Conflict Resolution Center is one of the resources that Donn and other landlords have used. Rust stated that expungement is a very specific legal term which is primarily an option for criminal cases in the state of Wisconsin. Trying to remove an eviction from your record once it has already happened is a bit different in Wisconsin. They have the Wisconsin Circuit Court Access Program (CCAP) which easily allows people to access public records within the court system. What they see is that when people have an eviction on their record, it stays with them for quite some time and is active and searchable on CCAP for up to twenty years. It’s also unclear, depending on the exact type of case, whether or not the judgement was ever satisfied. There’s a difference between filing and receiving an eviction and once something is filed it is immediately searchable on CCAP. Unfortunately they do hear from tenants that they’re unable to secure funding for an eviction on their record that’s pending or that was never granted. The only way to expunge an eviction is to seal the public record and evictions do not fall under one of the reasons why you can seal a court record. So there’s not really a good way to seal or expunge an eviction. The Director of State Courts, the entity that oversees CCAP, made a change that any dismissed eviction case will no longer be viewable on CCAP after two years. It’s still a public record, but no longer viewable on CCAP. Rust stated that they’re finding individuals who are renting larger units than they need and using more disposable income than they should as well as individuals who are living in substandard units. Couch surfing is becoming less and less of an option. Landlords were still able to evict during the moratorium for reasons other than non-payment of rent having someone stay with you who is not on the lease was one of those reasons. They are seeing more property managers opposed to single unit landlords. Jevaltas asked if Rust was referring to the Legal Tune Up program that was in Madison and has now been extended throughout the state. Rust replied that he was referring specifically to the program within CCAP itself. Jevaltas asked if Rust had ever heard of the Legal Tune Up program. Rust replied that he is unfamiliar with that program. Jevaltas replied that it’s a way for people to have their eviction expunged if certain criteria are met. Hutchison stated that he was thinking about what an incentive might be for landlords. If the county or an organization could act like a co-signer and guarantee payments if an eviction were to occur, it would eliminate that risk. Its good business practice for landlords to do their due diligence up front, but that doesn’t solve the problem of not renting to certain tenants because they have something on their record. Rental Housing Advisory Board Minutes 5 Rust replied that he agrees that due diligence is what should be done from a business perspective, but it isn’t really helping to give someone a second chance. When he first rented in Wisconsin, he received a free TV for signing a one year lease. It was a renter’s market then and it’s not anymore. He thinks the potential co-signer is a great idea. They have been working with the Rent Smart program as well that educates tenants on how to be good tenants. Some landlords have been willing to consider an applicant with a record who has completed the program while others haven’t. Hutchison replied that whatever agency would be the co-signer should have Rent Smart as a part of the program because a lot of these problems are tenant education based. Rust stated that he looked up the Legal Tune Up program, which is put on by Legal Action and the law school. They’re helping to remove evictions if they were dismissed and they’re older than two years old, so it’s things that should have fallen off already anyway. The cases are being referred to the CCAP Director’s attention so that they can be removed more expeditiously. Hobbs asked Rust if it would be possible to completely remove background checks given the existence of CCAP and essentially say it’s a form of housing discrimination. Rust replied that he thinks there is a component to doing business with people that you should know who you’re doing business with. He thinks there is a place for some type of background research on tenants. CCAP does have a disclaimer for pending criminal cases. Hobbs replied that if landlords refuse housing to people with felonies on their records, then there are more felons on the streets which doesn’t help the them or the community. Landlords have property insurance for covering risks. A lot of them will say they would give someone a second chance, but will still choose someone without a record. They could incentivize landlords to rent to individuals who have a record that looks a little different than they would hope. Jevaltas replied that it’s also unfortunate that CCAP does not allow for mitigating circumstances because not all cases of eviction are related to tenant education. Not everyone gets evicted because they weren’t educated or there was criminal action. It could be an employment situation or similar life event leading to non-payment. Rust replied that having sat through hundreds of eviction trials, he has heard countless cases like what Jevaltas described. Judges are extremely sympathetic, but the law is the law. The mitigating circumstances are talked through, but they’re not included in CCAP. Jevaltas replied that it’s unfortunate that landlords don’t ask what the circumstances of a previous eviction were. Rust replied that he thinks it’s possible in circumstances where there is excess housing stock, but when there are twelve applications for every opening there might not be a need to ask the question. Jevaltas replied that it’s almost like discrimination against the impoverished. It just keeps the poor, poor. Rental Housing Advisory Board Minutes 6 Ernst asked Rust why Winnebago County has a relatively low number of evictions currently compared to other counties. Rust replied that they have been trying to work on the evictions before they become evictions. They have been mediating over Zoom during the pandemic. Ernst asked Rust if there was anything RHAB could do to make his mission more successful. Rust replied that getting the word out and sending people their way would be helpful and that they would be happy to assist. Ernst asked Rust how often they have meetings between landlords and tenants. Rust replied that they are in the hallway during pre-trial proceedings to mediate between landlords and tenants. Today there were four eviction trials and they mediated one. They’ll do anywhere from one to eight in a typical week. It depends on how busy the court system is. VII. Rental Inspections Update Zarate stated that there were 11 complaint based inspections in the last two months with 77 of the usual violations. VIII. Social Media Update Zarate stated that they posted the agenda for this meeting last week, information for a Rent Smart class that was offered in October in November, and the landlord tenant guide as suggested at the last meeting. Ernst asked if they could add some holiday safety tips. Zarate replied affirmatively. IX. Winnebago County Eviction Data Update Erickson shared eviction data through November. X. Affordable Housing Study Update Nieforth stated that they are finalizing comments from their steering committee. It’s in draft form and will be presented to boards and commissions in early 2022 for comment. They will discuss the recommendations and next steps at the February 9th meeting. Jevaltas asked if they are looking at any home assistance programs with no interest down payments or something similar. Rental Housing Advisory Board Minutes 7 Nieforth replied affirmatively, adding that they are looking at multiple programs and have an existing program for down payment assistance in the form of a forgivable loan. Eligibility depends on the number of years they’ve owned the property as well as their income level. People are utilizing the program and it is helping them achieve their housing goals. XI. Public Information Campaign – Tenant and Landlord Rights Ernst stated that they still need to add contact information to the brochure. The next step is to finalize the brochure and poster for publication. He asked staff for an update on that. Zarate replied that they would have no problem getting the contacts lined up once everything is ready. Jevaltas stated that she would like to see a small logo on both the flyer and poster that incorporates the tenant, landlord, and city all working together. Nieforth clarified that they don’t have a graphic designer on staff, but there might be some resources through Media Services to utilize. There might have funding available to hire a graphic designer. Ernst stated that he will finalize some of the formatting and contacts and then it should be ready. Hobbs stated that their spouse is a graphic designer for Lincoln Labs. He might be able to fit it in if it’s through his business. That would be something to keep in mind if they’re struggling to find a designer. XII. Other Business Hobbs asked Nieforth if she could share the results of the housing study with the Redevelopment Authority (RDA) prior to their January 19th meeting regarding the Day by Day Warming Shelter acquisition. Nieforth replied affirmatively, adding that city staff met after the RDA meeting and determined that there are other ways to acquire the property without RDA’s approval. It will go before Plan Commission on January 4th and then to Council on January 11th. They’re not going to purchase the property until Day by Day has secured all of their funding, but they would like to get the approval ahead of time so everything is ready. She can provide an update at the February meeting. Jevaltas asked Zarate if there has been an uptick in complaints since RHAB started as a result of the educational materials they’ve distributed at public events. Zarate replied that it has been fairly constant for the last four to five years and there was not a noticeable uptick. No other items were identified for the February 9th meeting. XIII. Adjournment Rental Housing Advisory Board Minutes 8 There being no further business, the meeting adjourned at 5:05 PM. (Erickson/Hobbs) Oshkosh Board and Commission General Rules of Order Adopted December 14, 2021 These Rules are established in accordance with and to supplement the Rules contained in Section 2-36 of the City of Oshkosh Municipal Code. Scheduling and Locations of Meetings Wisconsin law requires meetings to be “reasonably accessible to members of the public” and open to the extent “compatible with the conduct of governmental business”. Sections 19.81(2) and (1) Wis. Stats. I. Boards and Commissions shall hold regular meetings at a regular time and place to be fixed by board or commission. Special meetings may be called by the Chairperson. Meetings shall be publicly noticed and shall be open to and accessible by the public in compliance with the requirements of the Wisconsin Statutes. Closed sessions shall be approved by the City Manager and/or City Attorney and specifically noticed in accordance with Wisconsin Statutes. When necessary staffing and technology are available and when practicable in the judgment of the City Manager, public meetings may be made available live or by recording on GOV TV in the City of Oshkosh, live streamed on oshkoshmedia.org, live on WOCT radio station 101.9 fm, live through Roku, Apple TV and Amazon Fire Stick. II. Remote Participation The Council recognizes the value of and remains committed to in person meetings and deliberation of matters whenever practicable. However, the City Council recognizes the benefits of providing alternative means for the attendance and participation by members of its boards and commissions, city staff, and the public at its meetings when necessary due to extraordinary circumstances, when convenient or cost-effective for the City, or as a reasonable accommodation for persons with an ADA disability who are unable to otherwise provide input. Extraordinary circumstances shall mean highly unusual facts or circumstances which prevent in person participation due to emergency declarations or due to the desire for participation by persons including consultants or presenters who are unable because of distance, cost, time or other reason to attend in person and/or when meetings may be better facilitated by all persons participating through Remote Means. Remote participation is intended for the benefit of the City of Oshkosh and not for the benefit of any individual member or other person. Except when specifically authorized by ordinance or other means adopted by the Common Council or when in the determination of the City Manager, it is reasonable and necessary to limit in person participation for the protection of the public, city officials and city employees (for example, under a Declaration of Emergency); board and commission members must be physically present at the location of the board or commission meeting to participate as a member of the board or commission and vote upon any matter. “Remote Means, Remote Participation or Remote Appearance” shall mean participation by a member of a public body, by a member of the public, or other individual in a meeting of that public body, where the person is not physically present at a designated meeting location. Remote Participation includes through video, telephone, computer or other means where persons are permitted to view, listen to and participate in the meeting without having a physical presence at a defined physical meeting location. Remote Meetings of Boards and Commissions (Meetings held entirely remotely or with significant remote participation) Due to logistical limitations in room assignments, technology and staffing, boards and commissions will generally be required to hold all regular and special meetings in person. Remote Participation meetings for regular and special meetings or workshops must be approved by the City Manager and generally all Remote Participation meetings will be required to be held entirely by remote means, meaning that all board and commission members as well as the public will be required to attend by Remote Means (no “hybrid” meetings). If a meeting is conducted solely by Remote Means and there is no physical meeting location or the public is otherwise excluded from being present at a physical meeting location, the public must be afforded an opportunity to live access the meeting and instructions shall be provided how to do so. This may include live broadcast or streaming, video or call-in participation, or other adequate means to provide live access to the public meeting. Where public comment or participation is required by law, adequate means must be provided to accommodate such participation. Appearance by Remote Means as required or permitted by these rules shall be consistent with the following: o Remote participation may be permitted in meeting rooms that have adequate audio, video and other technological facilities to allow for remote participation. o Persons participating by Remote Means should be advised via meeting agendas or other means that participation by remote means may be limited by number of participants and available technology, and may be disrupted by problems such as breakdowns of equipment and fluctuation or interruption of electric power or communications networks. The City of Oshkosh does not guarantee that even if persons have been afforded the opportunity to appear by Remote Means that telephone, computer, wifi or other connections will be sufficient or that the person will be guaranteed the ability to appear by this method. o In order to accommodate participation for the general public by Remote Means, a meeting link will be provided on the meeting agenda. For meetings where the public may participate by Remote Means, general public comment and public comment on all agenda items shall be taken at the beginning of the meeting, except as necessary to conduct Public Hearings or as may be accommodated at the direction of the Board or Commission. Public comment may be closed at the end of any public comment period and persons participating by Remote means shall not interrupt or disrupt the business of the governing body. o Persons wishing to provide public comment through Remote Means must join the meeting at least 15 minutes prior to the start of the meeting to allow staff to test the audio/video set up. Attendees must stay muted when not speaking and are responsible for muting and unmuting themselves in a timely fashion when called upon to speak. o Each member of the public speaking must wait to be called upon by the Presiding Member or their designee and must provide their name and address prior to speaking. o Every person participating by Remote Means must be audible through clear telephone line or computer connections. If a connection is not clear or causes disruption of the meeting, the connection may be terminated at the discretion of the Presiding Member or their designee. If a connection is terminated and this causes the loss of a quorum, the meeting shall be adjourned and rescheduled to another date to permit consideration by a quorum. o If any board or commission members are participating remotely, all votes shall require a roll call vote – no “all in favor” Remote Appearances (Limited Remote Participation by one or a small number of individuals) The City of Oshkosh may in its sole discretion permit individual persons to appear via remote means at scheduled in person meetings as a reasonable accommodation to an individual for persons with an ADA disability who are unable to otherwise provide input; to facilitate presentations, to receive information or reports from consultants or other persons; or for other business purposes. Permission for appearances under this paragraph may be requested by the Board or Commission for a planned future meeting or arranged by the staff member assigned to the board or commission with consultation with IT and Oshkosh Media staff. Persons who are permitted to appear in this manner shall comply with all requirements for Remote Participation listed above. Persons requesting accommodation under this provision must submit such request in advance of the meeting. Requests can best be accommodated if submitted at least 5 business days in advance of the scheduled meeting. Remote attendance shall not be permitted during any quasi-judicial hearing or appeal hearing by persons testifying or by members of a board or commission adjudicating any matter except under extraordinary circumstances such as a Declaration of Emergency or Emergency Order. Rules of Procedure I. Rules Pertaining to Placement of Matters on Agendas The City of Oshkosh has established various boards and commissions to assist the City Council and City Administration in the review of matters, to provide for the review of actions of staff and appeals from ordinance requirements and to meet statutory requirements. The City Council adopts the following rules to serve as a general guide for boards and commissions in relation to bringing items forward for discussion and the flow of items through staff, boards, and commissions; and to the Council. The City of Oshkosh operates under a Council-Manager form of government. The City Council is responsible for establishing policy, passing local ordinances, adopting a budget, adopting a strategic plan and goals, appropriating money, and developing an overall vision for the City. The City Manager, as the Chief Executive, is responsible for implementing policies and managing the daily operations of the City, as well as assisting the Council to define policy and vision and to establish strategies for reaching these goals. Board and Commissions are an important part of the whole of local government. The following pages include charts and narratives for all City of Oshkosh Boards and Commissions, as well as a city organizational chart for reference. There are several different types of boards and commissions. Advisory Boards and Commissions may assist and inform the Council and the City Manager pertaining to matters within the particular Board’s/Commission’s area of expertise and knowledge. The Redevelopment Authority, the Police and Fire Commission, the Library Board, and the Board of Review for real estate tax assessment matters, are examples of independent boards. While Council appoints the members to independent boards, the boards then make final determinations on matters under their jurisdiction. A few Boards and Commissions, while not entirely independent, have specific authority to make binding decisions in certain areas, such as the Board of Appeals for zoning matters. Independent Boards and Boards that exercise some authority independently derive their decision- making authority through specific state statutes or city ordinances granting them that authority. Finally, some boards are mixed in nature, acting independently in some circumstances and advisory in others. Certain boards such as the plan commission deal with legislative matters on which they provide advice and also decide upon quasi- judicial matters which are left to their independent determination. Board and commission actions are generally divided into three (3) categories: Advisory – Legislative, Independent – Legislative, and Hearing and Appeals. These categories either limit the board’s or commission’s authority, or limit Council or staff’s authority on matters before the particular board or commission. See Addendum A to these Rules for a listing of Boards and Commissions for the City of Oshkosh including a summary of their area of jurisdiction and category for actions. Most Boards and Commissions have city staff assigned to provide support to the Board/Commission. The primary functions of city staff assigned to a board or commission are to provide administrative support to the committee to assure that the work of the Board/Commission is completed in a timely and effective manner and to act as a subject matter resource for the board or commission. Staff liaisons are the primary conduit for members of the Board or Commission to communicate with city staff, the City Manager, and the City Council. Staff liaisons perform a variety of roles, including:  Serving as the channel of communication between the Board/Commission and other City staff  Creating and posting meeting notices, preparing minutes, and creating agendas  Scheduling meetings and booking meeting locations  Maintaining Board/Commission records  Coordinating the collection and distribution of information requested by the Board/Commission  Responding to public records requests pertaining to the Board/Commission  Offer advice and recommendations in regard to matters coming before the Board/Commission  Report the Board/Commission concerns and priorities to the Department Head, City Manager and Council  Facilitate interaction between boards and commissions as appropriate While the enthusiasm and desire to move forward quickly regarding matters of interest is understandable, Board and Commission members, like the Common Council who are elected at large in the City of Oshkosh, represent the general and best interests of the City of Oshkosh as a whole. This policy, along with other policies and procedures, is intended to assure that the many issues and concerns within the City are prioritized and addressed in a fair, thoughtful, and efficient manner within the means set forth by the City organization, the City’s Strategic Plan and allocated in the City’s budget. City staff assigned to Boards and Commissions work for and are responsible to the City as a whole and have other job responsibilities in addition to their work for an individual Board/Commission. Staff are answerable to their Department Heads and the City Manager. It is the responsibility of the City Manager to allocate staff’s time and efforts. Just as it is inappropriate for Council to direct work of staff who are under the jurisdiction of the City Manager, it is not appropriate for Boards and Commissions to directly attempt to direct staff work. Boards and Commissions may advise the City Manager and Council on policy priorities, but Boards and Commissions do not determine or assign staff time. Boards and Commissions should consider and set priorities for their agenda items in order that staff may best use the limited time available for Board/Commission business, while still attending to their other job responsibilities. Although there may be disagreement on any issue, communication to the Council, other Boards/Commissions and to the Public should reflect the decision of the Board/Commission as a whole. When a Board or Commission member is speaking on behalf of the board/commission they should only represent the majority position of the respective Board/Commission. If the member is expressing his/her own personal viewpoint on a particular subject, this should be made clear. Correspondingly, once the Council has established its position as the governing body, Board/Commission members should not act contrary to the established policies and programs adopted by the City Council. Because of the wide variety of boards and commissions and the wide variety of items and issues that the City may deal with, this policy cannot cover every item or issue with specificity and should be regarded as guidance only. Exceptions may generally be made with the approval of the Council and/or the City Manager. The City reserves the right to comply strictly with this policy, comply with modifications, or to vary from the exact provisions of this policy when the Council or City Manager find it to be in the public interest to do so. The City of Oshkosh is hopeful that this information will be useful to members of boards and commissions, staff, as well as the public. Advisory Boards and Commissions / Advisory Matters The City of Oshkosh has established various boards and commissions to assist the City Council in the review of matters, to meet statutory requirements, and to provide for the review of actions of staff and appeals from ordinance requirements. While certain matters clearly fall within the jurisdiction of an individual board or commission, other matters may involve review and recommendation or action by more than one board or commission. The City Council adopts the following policy to serve as a general guide for boards and commissions in relation to the agenda process. Procedure for general legislative items/issues Items coming before boards and commissions must be directly related to the purpose or jurisdiction of the board or commission as defined by statute and/or ordinance, or be referred to the board or commission for input from the Council or the City Manager. Items will be prioritized based upon urgency of particular circumstances; time commitment required from staff for research, review or drafting; availability of expertise on the particular subject; or any other relevant factor. Items may be placed on an agenda through application or request from a citizen or petitioner, request from a board or commission member, or be initiated by staff. The staff liaison shall inform his/her Division Manager and/or Department Director who shall make an initial review with regard to jurisdiction and prioritization. If the Division Manager or Department Director determines that the matter may not be suitable for the particular board or commission, may not meet the priorities of the particular board or commission, may require staff time commitment that is unreasonable or unlikely to be available within the contemplated time period, or may require expertise not available on staff or available at a cost not provided for within the budget; the Division Manager or Department Director shall inform the board or commission of the request and determination. The board or commission may by majority vote of its members request the matter to be reviewed by the City Manager. The City Manager may direct the Division Manager or Department Head to proceed with the request and establish a reasonable time for completion, may determine that the decision of the Division Manager or Department Head is correct and that staff time shall not be allotted, or may seek input from Council in relation to the request. The staff liaison to the Board or Commission shall inform the Board of the determination of the City Manager. If the determination of the City Manager is that staff time shall not be allotted, the Board or Commission may by majority vote of all members request that the matter be presented to the Council by the City Manager, the Council member appointed to the particular board or commission, or by the chair of the board or commission at the next regularly scheduled council meeting or as soon thereafter as is reasonably practicable for discussion and direction to the City Manager. The following flowchart outlines the general process for staff, board and commission and council review of items. COUNCIL Advisory Boards and Commissions (B&C) Council Agenda Process DRAFT B&C member requests agenda item for discussion Staff liaison informs Division Manager and Department Director Item is added to Department’s draft Council agenda and item is sent to Clerk’s Office Council agenda is finalized by City Manager at Department Director meeting Staff liaison and/or City Manager communicates Council decision to B&C at next B&C meeting Internal staff review Division Manager/Department Director invites City Manager and departments to review Staff liaison places item on B&C agenda with recommendations to B&C based on staff review Staff liaison invites relevant department representatives to B&C meeting(s) B&C meets and takes action on item Public input opportunity Council meets and decides on appropriate legislative action or provides guidance to City Manager for administrative items Public input opportunity Refer to other B&C as needed B&C Staff Liaison City Staff Council Staff requests agenda item for discussion Staff receives application or request from citizen/petitioner The following steps shall apply if the matter is moved forward for B&C review and action. Independent Boards and Commissions and Matters on which Boards and Commissions may act Independently The City of Oshkosh has established various boards and commissions that act independently in accordance with statutory requirements and for other purposes. The City Council adopts the following policy to serve as a general guide for boards and commissions in relation to matters over which they may have independent jurisdiction under Wisconsin Statutes or by City ordinances in relation to legislative matters. For matters in which the board or commission is acting upon an appeal or application, please see the following section covering those matters. Procedure for general legislative items/issues Items coming before boards and commissions must be directly related to the purpose or jurisdiction of the board or commission as defined by statute and/or ordinance or be referred to the board or commission for input from the Council or the City Manager. Items will be prioritized based upon urgency of particular circumstances; time commitment required from staff for research, review or drafting; availability of expertise on the particular subject; or any other relevant factor. Items may be placed on an agenda through application or request from a citizen or petitioner, request from a board or commission member or be initiated by staff. The staff liaison shall inform his/her Division Manager and/or Department Director who shall make an initial review with regard to jurisdiction and prioritization. If the Division Manager or Department Director determines that the matter may not be suitable for the particular board or commission, may not meet the priorities of the particular board or commission, may require staff time commitment that is unreasonable or unlikely to be available within the contemplated time period, or may require expertise not available on staff or available at a cost not provided for within the budget; the Division Manager or Department Director shall inform the board or commission of the request and determination. The board or commission may by majority vote of its members request the matter to be reviewed by the City Manager. The City Manager may direct the Division Manager or Department Head to proceed with the request and establish a reasonable time for completion, may determine that the decision of the Division Manager or Department Head is correct and that staff time shall not be allotted, or may seek input from Council in relation to the request. The staff liaison to the Board or Commission shall inform the Board of the determination of the City Manager. If the determination of the City Manager is that staff time shall not be allotted, the Board or Commission may by majority vote of all members request that the matter be presented to the Council by the City Manager, the Council member appointed to the particular board or commission, or by the chair of the board or commission at the next regularly scheduled council meeting or as soon thereafter as is reasonably practicable for discussion and direction to the City Manager. The following flowchart outlines the general process for staff, board and commission and council review of items. COUNCIL Independent Boards and Commissions (B&C) – Legislative Matters Council Agenda Process DRAFT B&C member requests agenda item for discussion Staff liaison informs Division Manager and Department Director Staff liaison and/or City Manager communicates Council decision to B&C at next B&C meeting Internal staff review Division Manager/Department Director invites City Manager and departments to review Staff liaison places item on B&C agenda with recommendations to B&C based on staff review Staff liaison invites relevant department representatives to B&C meeting(s) B&C meets and takes action on item Public input opportunity Refer to other B&C as needed B&C Staff Liaison City Staff Council Staff requests agenda item for discussion Staff receives application or request from citizen/petitioner The following steps shall apply if the matter is moved forward for B&C review and action. Quasi –Judicial Boards and Commissions / Hearings and Appeals The City of Oshkosh has established various boards and commissions to hold hearings on matters required by statute or ordinance and to provide for the review of actions of staff and appeals from ordinance requirements. The City Council adopts the following policy to serve as a general guide for boards and commissions in relation to the agenda process. Procedure for Hearings and Appeals Items coming before boards and commissions for a hearing or appeal must be within the jurisdiction of the board or commission as defined by statute and/or ordinance. Items will be placed on an agenda through application or request from a petitioner. The following flowchart outlines the general process for staff, board and commission and council review of items determined by hearing or appeal. Boards and Commissions (B&C) Hearing & Appeals Process DRAFT Staff liaison informs Division Manager and Department Director Staff liaison and/or City Manager communicates Council decision to B&C at next B&C meeting Internal staff review Division Manager/Department Director invites City Manager and departments to review as necessary to subject matter Staff liaison places item on B&C agenda including all information submitted by petitioner/may include staff report and draft findings Staff liaison invites relevant department representatives to B&C meeting(s) B&C meets and takes action on item Generally public input will be limited to those having a direct interest in the matter or information directly relevant to the decision to be made B&C Staff Liaison City Staff Council Staff receives request for hearing or appeal from citizen/petitioner Council review, if provided by ordinance ` Equal Housing Committee Landmarks Commission Board of Zoning Appeals Board of Review Storm Water Utility Board Public Arts and Beautification Committee The following steps shall apply if the matter is moved forward for B&C review and action. II. Quorum / Voting Requirements A majority of the membership shall constitute a quorum. A lesser number may adjourn. A majority of those present and voting shall be necessary to adopt any motion. Members voting present or abstaining shall not be counted for purposes of determining a quorum or majority voting upon any item. (See section 2-36(J) of the City’s Municipal Code). III. Attendance/Excusal from Meetings Except in the case of emergency, to be considered an excused absence from a meeting a members of boards or commissions must give notice to the staff person assigned to the board or commission at least 24 hours prior to the meeting’s start time. Prior notice allows for notification to alternate members or for cancellation and rescheduling of meetings in those cases where a quorum of members may not be present. IV. Rules pertaining to Conduct of the Meetings/Motions The following chart is adopted to govern the most common motions and actions to be taken at board and commission meetings. The Council has chosen not to be strictly governed by Robert’s Rules of Order, but where the actions listed below or other provisions of these Rules do not govern a particular issue, the most recent version of Roberts Rules of Order may be used for guidance. Control of the Agenda Action Second Required Debatable Amendable Vote Required2 Withdraw from Agenda1 Yes Yes No Majority Remove Item from Consent Agenda No No No None Consider Items out of the Scheduled Order, Change the Agenda Order Yes No No 2/3 Suspend Rules Yes No No 2/3 Taking up Items of Business Action Second Required Debatable Amendable Vote Required2 Original Motions (items of business) Yes Yes Yes Majority Amend an Original Motion Yes Yes Yes Majority Divide the Issue Yes No Yes Majority Withdraw Motion (by Proposer, with consent of the Second) Consent by Second No No None Layover (Table) until a time certain Yes No No Majority Take an item off the Table Yes No No 2/3 Limiting/ Extending or Ending Debate Action Second Required Debatable Amendable Vote Required2 Call for the Question (Close Debate) – no objection raised No No No None Call for the Question (Close Debate) – objection raised No No No 2/3 Limit or Extend Debate Yes No Yes 2/3 1 Administration may withdraw an item from the agenda prior to the meeting convening; after the meeting has convened only the Board or Commission may withdraw items from the agenda. 2 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Changing Previous Actions Action Second Required Debatable Amendable Vote Required2 Amend Previously Adopted Motion Yes Yes Yes Majority with Notice; 2/3 without prior Notice Reconsider (member of the prevailing side may request the body to reconsider its previous action -- must be made during the same meeting or the next succeeding regular meeting) Yes Yes No Majority Rescind (repeal/reverse a prior action) Yes Yes Yes Majority with Notice; 2/3 without prior Notice Questions / Concerns and Other Issues Outside Substance of Debate Action Second Required Debatable Amendable Vote Required2 Point of Order (if rules are not being observed) No No No Chair Rules Parliamentary Inquiry (help with parliamentary procedure, how to do something) No No No Chair provides assistance Point of Information (to ask a question) No No No Chair obtains answer Question of Privilege (some person or thing is interfering with the deliberative process, ie. too noisy, too hot or cold, belligerent person or member) No No No Chair directs corrective action Appeal Chair’s Decision Yes Yes No Majority 2 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Ending a Meeting Action Second Required Debatable Amendable Vote Required2 Adjourn (ends/closes the meeting) Yes No No Majority Recess (short break that does not end meeting) Yes No Yes Majority Selection of Officers or Temporary Chair, if required Action Second Required Debatable Amendable Vote Required2 Nominations (call 3 times) No No No None Close Nominations (by Declaration of Chair or by Motion) Yes (if by motion) No Yes 2/3 Election of Nominees No Yes No Majority Reopen Nominations Yes No Yes Majority Temporary Selection of Chair in absence or disability of Chair and Vice may be done by selection of the Chair and Consent of Board 2 Unless otherwise indicated majority or super-majority votes are counted as a percentage of the members present and voting Motions. No motion requiring a second shall be discussed or acted upon unless and until it has received a second. Motions may be withdrawn by the person making the same, if the motion has received a second, then the person seconding the motion must also consent to the withdrawal of the motion. Motions may only be amended by another motion and second (There shall be no “friendly amendments” to motions) or by withdrawal of the motion and a new motion made. Actions/Motions in Order during Debate. When a question is under debate, no other action or motion shall be in order, except: 1) Questions/Concerns and Other Issues Outside the Substance of Debate as identified within the table above; 2) To recess; 3) To adjourn; 4) To lay the matter over to a specific date or to be returned to the Committee upon the occurrence of a specific event; 5) To Call the Question; 6) To Divide the Issue; 7) To Amend; or 8) To withdraw the motion The items listed above shall have precedence in the order in which they are listed. Vote Change. A member shall only be permitted to change his/her vote upon a matter at the time their name is called by the secretary and no member shall be permitted to change his/her vote on a matter once a succeeding member has cast his/her vote. Abstentions / Voting Present. In the event that a board or commission member declines to vote, that member shall not be counted toward the number present and shall not have their vote counted as either “aye” or “no” in relation to the matter. If a member’s declining to vote causes the board or commission to fall below a quorum voting on the matter, the board or staff may ask the applicant if they wish to have the matter scheduled for consideration at the next meeting of the board or commission when a quorum may be present or if the applicant wishes to have the matter forwarded to council without recommendation. Staff shall consider the wishes of the applicant, any statutory or ordinance time limits and any other considerations or limitations with respect to the particular matter in determining whether to reschedule the matter before the board or commission for further consideration, forward the matter to Council or take other action as may be appropriate with regard to the matter. Motions to Lay Over shall include Date or Time Frame for Action. Motions to lay over shall include a specific date to be returned to the body or shall require return upon a specific occurrence within a specified time frame. If the occurrence shall not happen within the specified time frame, the staff person assigned to the board or commission shall notify the board or commission at the end of the time frame that the matter shall not be brought forward and make appropriate notation to the minutes of the meeting during which the matter was laid over. When considering motions to lay over, the board or commission shall consider the wishes of the applicant, any statutory or ordinance time limits and any other considerations or limitations with respect to the particular matter as may be appropriate. Reconsideration. Except as action may have already been taken in reliance upon the prior approval/disapproval of an item, any member who voted with the prevailing side on any question may move for reconsideration of a vote at the same meeting or at the next succeeding regular meeting of the board or commission by notifying the staff person assigned to the board or commission of the member’s request to have the reconsideration included on the Agenda for the next succeeding regular meeting. A motion to reconsider having been put and lost shall not be renewed by the same or any other member. Termination of Debate / Calling the Question. Any member wishing to terminate debate may move the previous question (call the question). The presiding officer shall ask whether there is any objection to calling the question. If no objection is voiced, then the secretary shall record unanimous consent to terminate the debate. If an objection is voiced, a roll call vote shall be taken and 2/3 of members present shall be required to terminate the debate. If debate is terminated, the question, including any pending amendments, shall be taken without further debate. Use of Unanimous Consent. Unanimous Consent shall only be used for termination of debate, motions to adjourn, motions to recess and for elections for Chair or Temporary Chair when there shall be only one member put forward for election. Suspension of the Rules. Boards and commissions shall not be permitted to suspend any rule adopted by the Council and applicable to the board or commission. A vote of two-thirds of the members present may suspend the order of business or any rule adopted by the board or commission. V. Rules pertaining to Individuals addressing Boards and Commissions Boards and Commissions may make such rules pertaining to individuals addressing matters coming before the board or commission or to individuals making general statements to the board or commission as the members thereof may determine. The public may, as an alternative to appearance in person, submit written comments. Written comments for Board and Commission meetings may be sent via mail addressed to the appropriate Board or Commission, placed in the City Hall dropbox, or sent by email prior to the scheduled meeting to the Board or Commission. Contact information for Boards and Commissions is available on the City website: www.ci.oshkosh.wi.us Written comments will be distributed to the Board/Commission and made part of the public record of the meeting. Persons requiring reasonable accommodations to any of these rules may contact the staff liaison for the Board or Commission who shall work with the individual to provide appropriate accommodation as necessary. Persons requesting accommodation under this paragraph must submit such request in advance of the meeting. Requests can best be accommodated if submitted at least 5 business days in advance of the scheduled meeting. VI. Rules of Decorum A. Adoption of Civility Pledge. All participants in city meetings shall conduct themselves according to the Civility Pledge adopted by the Council on June 14, 2011 by Resolution 11-270.  Pay Attention - Be Aware of Others & Sensitive to the Immediate Context of Actions  Listen Closely - Understand Other Points of View  Be Inclusive - Welcome All; Don't Exclude Anyone  Don't Gossip - Remind Others of the Importance of this Practice  Show Respect - Honor Others (Especially in Disagreement)  Be Agreeable - Find Opportunities to Agree  Apologize Sincerely - Repair Damaged Relationships  Give Constructive Comments, Suggestions & Feedback - No Personal Attacks (Focus on Issues)  Accept Responsibility - Don't Shift Blame; Share Disagreements Publicly B. General Rule of Decorum. No person shall personally attack a council member, board or commission member, city official, city employee or any other person. For purposes of this section personal attacks shall include comments directed at a particular person or persons which pertain to any matter that is unrelated to the performance of official duties or the conduct of city business, are threatening, slanderous, defamatory or obscene or are of such a nature that the comments disrupt the meeting or cause a disturbance. No person shall make irrelevant, unduly repetitious, offensive, threatening, slanderous, defamatory, or obscene remarks or act in such a manner as to disrupt or disturb the orderly conduct of any meeting, including handclapping, stomping of feet, whistling, shouting or other demonstrations. Any person violating this provision shall be called to order by the Presiding Officer. If the conduct continues, the Presiding Officer may order the person removed and the Board or Commission may make a fact finding whether such behavior was outside the scope and content of the rules and, if applicable, whether the behavior was of a character to cause a breach of the peace. Addendum A COUNCIL, STAFF, BOARDS AND COMMISSIONS City Council: The City Council is the Legislative body for the City. The Council makes policy for the City of Oshkosh through the adoption of resolutions and ordinances within the authority granted to municipalities through the Wisconsin Legislature and Home Rule provisions of the Wisconsin State Constitution. The Council sets overall policy for the City of Oshkosh including through the adoption of various plans, such as the City’s strategic plan and comprehensive zoning plan. The Council also adopts the City’s operational and capital improvements budgets and adopts city regulations for enforcement by ordinance and the City Municipal Code. The City Council also issues certain licenses and permits and conducts quasi-judicial hearings in relation to license or permit issuance, renewals and revocations as necessary. City Manager: The City Manager is the chief executive for the City of Oshkosh and is responsible for the day to day operation of the city and direction to departments and city staff. City Staff: perform the daily operations of the City under the direction of the City Manager. Staff provide the Common Council and other boards and commissions with interpretations, recommendations, and professional advice regarding the advisability of proposals brought before the City decision makers and carry out enforcement of various codes and provisions. Advisory Parks Board: The Advisory Parks Board is an advisory board to advise the City Manager, City Council, Plan Commission, and parks administration regarding parks, recreation, open spaces, forestry, municipal cemeteries, and waterways. The Board participates in the development of Comprehensive Plans for individual parks and the Parks Capital Improvement Program. Bicycle and Pedestrian Advisory Committee: The Bicycle and Pedestrian Advisory Committee is an advisory committee to advise the City Manager and City Council and assist city staff in relation to bicycle and pedestrian matters; developing a Bicycle and Pedestrian Plan; coordinating education and encouragement pertaining to bicycle and pedestrian issues; making recommendations pertaining to projects to improve bicycle and pedestrian safety; and recommending expenditures from available bicycle funds. BID Board: The Downtown Oshkosh Business Improvement District is a geographic district within the downtown area that has been created and assesses properties within the district to contribute to programs and activities aimed at the promotion, management, maintenance and development of the district. The District operates independently through development of a Council approved plan each year for programs and activities to be conducted in the next year. Board of Appeals: The Board of Appeals is a quasi-judicial hearing body. The Board can make final decisions limited by the terms of the City’s zoning ordinance and according to the terms of state law. It interprets the zoning ordinance through its review of requests to vary specific requirements, and through its review of appeals of administrative decisions of the Community Development Department. Board of Public Works: In the City of Oshkosh the City Manager has been delegated the authority of the Board of Public Works. Generally, the Board of Public works is given the authority and responsibility over all public works – streets, alleys, utilities and general public facilities supporting these functions. The Board is also permitted to make certain exceptions to rules for special or emergency circumstances. Board of Review: The Board of Review is a quasi-judicial decision making body that reviews tax assessment rolls, corrects errors in assessments, and hears appeals relative to property valuations. Committee on Aging: The Committee on Aging is an advisory body with the authority and responsibility to advise the City Manager and City Council on the needs of the aging related to the promotion and development of the City, determining the availability of resources and the need for additional resources, promoting existing community services available to the aging and recommending the establishment of additional services and programs as needed. Diversity, Equity and Inclusion Committee: The Diversity, Equity and Inclusion Committee is an advisory committee to the City Manager and Common Council, providing comment and support regarding appropriate strategies to develop activities, resources, and services that promote a positive community environment of equity and inclusion, and celebrate the diverse identities of the City of Oshkosh. Fair Housing Commission: The Fair Housing Commission is a quasi-judicial decision making body that receives complaints under the City’s Antidiscrimination in Housing ordinance; reviews staff or outside consultants’ investigations of complaints; and holds hearings on complaints and may make referrals for appropriate enforcement actions. Landmarks Commission: The Landmarks Commission is primarily an advisory body to advise the City Manager and City Council on historic sites, structures and districts; support and promote City’s historical, architectural, and cultural heritage; and provide information on City’s heritage and on historic resources. The Commission may take action on applications for alterations or demolition of historic structures but may only approve, approve with conditions, or delay alterations or demolition – the Commission may not deny applications. Library Board: The Library Board is an independent entity created pursuant to Wisconsin Statutes for the purpose of management and operation of the Oshkosh Public Library. Long Range Finance Committee: The Long Range Finance Committee is an advisory body to the City Manager and Common Council on policy issues related to the City’s finances. Housing Authority Board: In Oshkosh, the Housing Authority Board is an independent body appointed by the Council as required by state statute. The Board has the responsibility to manage low-income public housing programs and other housing assistance programs for low-income families, elderly persons, disabled persons, and others. The Housing Authority employs an Executive Director who is responsible for supervising day to day operations of the Housing Authority. Plan Commission: The Plan Commission is primarily an advisory body to advise the City Manager and City Council in relation to zoning and land use matters. The Commission can also make independent final decisions as permitted by the terms of the City’s zoning ordinances and according to the terms of state law. The Plan Commission conducts detailed analyses of land use and zoning issues through hearings and offers recommendations to the Common Council based upon the terms of the comprehensive plan, zoning ordinance, as well as other plans and studies that may relate to specific areas or topics of the City. Extraterritorial Zoning Committee: The Extraterritorial Zoning Committee is a joint committee formed with 3 members of the City Plan Commission and 3 members appointed by a surrounding town. The City has boundary agreements with Algoma, Nekimi, and Black Wolf. The City and Town of Algoma have established an Extraterritorial Zoning Committee to review and develop zoning recommendations, plans, maps, and ordinances within the City’s extraterritorial area in the Town of Algoma. At this time the City and other towns have not established formal extraterritorial committees. Board of Police & Fire Commissioners: The Board of Police and Fire Commissioners is an independent quasi-judicial decision making commission established for the primary purpose of staffing the police and fire departments, including appointing chiefs and subordinates, reviewing and approving promotions, and making final hiring decisions for new officers and firefighters. The Police and Fire Commission is responsible to hold hearings concerning any contested disciplinary suspensions and terminations of police officers and firefighters. Public Arts Advisory Committee: The Public Arts Advisory Committee is primarily an advisory body that advises the City Manager, City Council and other boards or commissions on matters pertaining to public art and beautification; facilitates community and agency input pertaining to public art and beautification; and advises the Common Council on gifts or donations of public art pursuant to the City Gifts and Donations Policy. The committee may also provide assistance for public art projects that utilize public funding or are located on city property and promote the arts and beautification of the City. The Committee also acts in a quasi-judicial decision making manner, as the appeals board for appeals from the City’s mural ordinance. Public Museum Board: The Public Museum Board is given independent authority by ordinance to manage, control and operate the Oshkosh Public Museum through the establishment of plans and policies consistent with City ordinances and polices. The Museum Board may also advise the City Manager and City Council on any matters related to history or matters in which the Board may have particular interest or expertise. Redevelopment Authority: The Redevelopment Authority is an independent entity created by the City pursuant to Wisconsin Statutes for the purpose of carrying out blight elimination and urban renewal programs and projects. The Oshkosh Redevelopment Authority has as its primary emphasis and focus the redevelopment and revitalization of central city areas in the community. Rental Housing Advisory Board: The Rental Housing Advisory Board is an advisory body to advise the City Manager, staff, and the Council on the creation of rental housing educational materials and residential rental training programs for landlords and tenants; and to review and make recommendations regarding City policy or changes to the municipal code pertaining to rental housing. Storm Water Utility Appeals Board: The Storm Water Utility Appeals Board acts in an advisory capacity to the City Manager and Council in relation to storm water utility planning, projects, rates, and credits. The board also acts in a quasi-judicial decision making capacity to hear and decide appeals when there is alleged error in any order, decision or determination made, and to make determinations upon requests for variance under the provisions of the City’s Storm Water Code. Sustainability Advisory Board: The Sustainability Advisory Board is an advisory board for the purpose of advising the City Manager and Council on sustainability issues affecting municipal operations and the community at large. The Board promotes sustainability within the community; advises on existing and proposed legislation pertaining to sustainability; facilitates citizen and agency input pertaining to sustainability; and collaborates on the development and implementation of a Community Sustainability Plan. Traffic & Parking Advisory Board: The Traffic and Parking Advisory Board is an advisory board to advise the City Manager and City Council and assist city staff regarding issues pertaining to on-street parking, traffic flow, speed limits, and other traffic matters. The Traffic Review Board also advises and assists city staff and the Council regarding issues pertaining to paid on-street parking, and municipal parking lots (except those serving city facilities and parks). Transit Advisory Board: The Transit Advisory Board is an advisory board for the purpose of advising the City Manager and Council and assist staff on the implementation of improved transit service to the City of Oshkosh. The Board will monitor the level of transit service provided to ensure efficient and effective operation. City of Oshkosh Boards and Commissions Name Statute Ref. Ord. Ref. Liaison Frequency of Meeting Advisory Park Board None 2-51 Parks Director Monthly Bicycle & Pedestrian Advisory Committee None 2-39 Dept. of Comm. Development Monthly BID Board 66.1109 2-38 Dept. of Comm. Development Monthly Board of Appeals 62.23(7)(e) 2-59 Dept. of Comm. Development Monthly Board of Public Works 62.14 2-55 City Manager Board of Review 70.46 2-56 City Clerk/City Attorney Yearly; varies based on objections Committee on Aging None 2-37 Senior Services Manager Monthly Diversity, Equity and Inclusion Committee None 2-41 Director of Administrative Services Monthly Fair Housing Commission 106.50 2-43 Dept. of Comm. Development As needed Landmarks Commission 62.27(7) (em) 2-48 Dept. of Comm. Development Monthly Library Board Chapter 43 2-49 Library Director Monthly Long Range Finance Committee None 2-44 Director of Finance Monthly Housing Authority Board 66.1201- 66.1211 None Executive Director of the Oshkosh /Winnebago County Housing Authority Monthly Plan Commission 62.23 2-52 Dept. of Comm. Development Twice Monthly Extraterritorial Zoning Committee 62.23(7a)(c) 2-52.1 Dept. of Comm. Development As needed per year Name Statute Ref. Ord or Ref Liaison Frequency of Meeting Board of Police & Fire Commissioners 62.13 2-53 Dept. of Administrative Services Monthly Public Arts & Beautification Committee None 2-47 Dept. of Comm. Development Monthly Public Museum Board None 2-54 Museum Director Monthly Redevelopment Authority 66.1333 Res 03-65 Dept. of Comm. Development Every other Month Rental Housing None 2-59.2 Dept. of Comm. Development Every other Month Storm Water Utility Appeals Board 66.0805(6) 2-60; 14-3 Director of Public Works Monthly Sustainability Advisory Board None 2-42 Dept. of Comm. Development Monthly Traffic & Parking Advisory Board 2-57 Director of Transportation Monthly Transit Advisory Board None 2-58 Director of Transportation Monthly 2016 2017 2018 2019 2020 2021 2022 Average (2016-2019) January 15 33 49 61 68 47 53 40 February 53 40 36 51 70 33 45 March 42 35 34 56 40 33 42 April 29 26 40 56 4 35 38 May 54 42 59 58 35 61 53 June 50 41 75 56 84 58 56 July 55 41 49 69 65 45 54 August 49 56 40 86 78 30 58 September 55 30 62 62 47 47 52 October 62 40 45 64 42 61 53 November 42 30 63 82 53 63 54 December 29 48 49 66 51 59 48 Total 535 462 601 767 637 572 53 Renter-occupied housing units2469724657 24570 24641.33 Eviction Rate 2.17%1.87%2.45%3.11% 40 45 42 38 53 56 54 58 52 53 54 48 2016 -2019 The average number of evictions filed monthly in Winnebago County are highest in the summer. 535 462 601 767 637 572 53 2016 2017 2018 2019 2020 2021 2022 Number of evictions filed each year in Winnebago County Brought to you by the City of Oshkosh and the Rental Housing Advisory Board Tenant Rights – Respect for rights is the foundation of rental housing. Property owners reasonably expect payment for renting their dwellings, and tenants should expect fair treatment from housing providers. Wisconsin Statute Ch 704 and WI Admin Code: ATCP 134 detail the rights and duties of landlords and tenants. Rights and duties are enforced through local ordinances. In exchange for rent payments, tenants are entitled to: ✔ Due process during eviction proceedings ✔ Protection from landlord entry without 12 hour notice, except in case of emergencies ✔ Full return of security deposit, less any non-paid rent or a list of required repairs ✔ Freedom from landlord retaliation when exercising individual rights ✔ Peaceful enjoyment of dwellings Healthy Homes – The vast majority of rentals in Oshkosh are owned by “mom and pop” landlords, or those who own only 2-3 properties. No matter how many properties a provider manages, all dwellings must meet health and safety standards set by national, state, and local laws. There are a number of programs and services in place to help you keep your dwelling safe. The Inspection Services Division enforces housing codes. If your dwelling is in disrepair, despite requests to the housing provider, Inspection Services can perform an inspection at your request. Inspections are not a tool to punish landlords, but a way to maintain tenant rights and the viability to the housing stock. The Rental Inspection Program, run by Inspections Services Division, examines rental properties for housing code compliance. Landlords cannot accept or decline inspections on behalf of the tenant. Tenants cannot be charged or fined by the landlord for complying with the program. Responsibly Communicate - Landlords must responsibly communicate intent to enter the dwelling, for any reason, by providing 12 hours notice to the tenant. Landlords must also communicate changes in the rental agreement so that the tenant can accept, before the changes are implemented. Tenants should complete a move-in report and return to the property manager within 7 days of moving in. Record any and all damages, along with pictures to document. Tenants may also request a list of previous damages from the landlord. Write to landlords. All communication with your landlord, including repair requests, security deposit disputes, and move-in/move-out forms should be done in writing. When things are wrong with the dwelling, tenants should take photos for proof. When communicating with landlords, tenants should assert the relevant right, and ask for what you want. Landlords should provide a timely reply. Tenants should make sure to follow up. Leave a forwarding address with your landlord upon lease termination to help get your security deposit returned. Improve Housing Stock – The number of renters in Oshkosh grows, and with it the need for habitable and affordable dwellings. Throughout the city, improvements need to be made in terms of affordability and quality. The city’s Planning Services Division offers no-interest loans and grants to home owners. Four different revitalization programs, designed to help first-time home owners, as well as homeowners needing some help with improvements and beautification. Programs also provide grants and low-interest loans to landlords for improvements and repairs. Voice Issues – Effective communication is only useful when tenants are willing to speak for themselves. Knowledge of laws and rights pertaining to rental housing is best used when it is exercised. Renters in Oshkosh have the opportunity to express their concerns: • Rental Housing Advisory Board Meetings • Responsible communication with Landlords • The city’s Inspection Services division • The Department of Agriculture, Trade and Consumer Protection takes complaints for unauthorized entry, non-returned security deposits, and landlord retaliation RHAB meetings are a great way to communicate your concerns to city staff. RHAB meets the second Wednesday of every even-number month, at 3:30PM. You can communicate with the board via email, or in person at a meeting. Go to onboard.ci.oshkosh.wi.us to learn more about RHAB and how to contact them. Empower Others – As a renter, you are not just a customer. You are a human with the right to live peacefully. Educating and protecting yourself means you can help your neighbors, friends, family, and co-workers avoid problems too! Tenant unions are springing up nationwide, in response to unprecedented upheaval in housing. Landlords are organized, and have a powerful presence in the state legislature. Organizing tenants at the neighborhood level, or even for individual multi-unit dwellings, can have profound positive effects on tenant living. Report abuses to relevant local and state authorities, especially violations of fair housing laws and local housing codes. Landlords cannot retaliate against you for following the law, or exercising your available rights. Learn more about tenant rights at www.fairhousingwisconsin.com and if you feel you have experienced discrimination in a housing situation, please call Fair Housing Council's toll-free complaint intake line: (877) 647-3247. RESOURCES ADVOCAP advocap.org (920) 426- 0150 City of Oshkosh Inspection Services ci.oshkosh.wi.us/InspectionServices (920) 236-5050 Consumer Protection Agency (800) 422-7128 Fair Housing Council (877) 647-3247 Lawyer Referal (800) 362-9082 Legal Action of Wisconsin (920) 233-6521 Oshkosh/Winnebago Housing Authority (920) 424-1450 ohawcha.org Rental Housing Advisory Board onboard.ci.oshkosh.wi.us Tenant Resource Center tenantresourcecenter.org United Way Essential Community Services Dial 211 UW Extension Rent Smart Class fyi.uwex.edu/rentsmart UWO Student Legal Services Attny. Erik Forsgren (920) 424-3202 Winnebago Apartment Association (920) 420-0662 facebook.com/winnapt Winnebago Conflict Resolution Center (920) 236-4925 mediationwcrc.org