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HomeMy WebLinkAboutOrganizational Minutes ~ OJHKOfH PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN ON THE WATER ORGANIZATIONAL MEETING held Tuesday, April 17, 2007 at 12:17 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Bryan Bain, Paul Esslinger, Jessica King, Dennis McHugh, Tony Palmeri, Burk Tower, and Frank Tower ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works NOTE: The three newly elected Council Members (Jessica King, Bryan Bain, Tony Palmeri) and Mayor (Frank Tower) took their oath of office which was administered by the City Clerk before the start of the meeting. Mayor Tower called three times for nominations of Deputy Mayor for the Common Council. Council Member Bain nominated Council Member Tower. Council Member Palmeri nominated Council Member Esslinger. MOTION: CARRIED: CLOSE NOMINATIONS FOR DEPUTY MAYOR (Esslinger; second, Bain) Ayes (7) Bain, Esslinger, King, McHugh, Palmeri, Tower, Mayor Tower Mayor Tower explained each Council Member would announce their choice for Deputy Mayor when the Clerk called their name. The City Clerk called the roll for the election of Deputy Mayor: Bain voted Tower Esslinger voted Esslinger King voted Tower McHugh voted Esslinger Palmeri voted Esslinger T ower voted Tower Mayor Tower voted Tower VOTE FOR DEPUTY MAYOR: Tower - 4 Esslinger - 3 The Council seating assignments were decided as follows: (starting with the seat farthest to the right of the Mayor) Jessica King, Tony Palmeri, Burk Tower, Frank Tower, Dennis McHugh, 1 Bryan Bain, Paul Esslinger. Proceedings of the Common Counci/- Apri/17, 2007 Discussion of Rules Mayor Tower explained they would review the current "Council Rules" to determine if any changes should be made. Current Rule: The Deputy Mayor shall be responsible for ensuring that the annual evaluation of the City Manager is accomplished and the goals for the City Manager are developed and approved annually. Council Member Palmeri questioned the Deputy Mayor's responsibility related to the City Manager's goals and annual evaluation. He stated that it was not addressed in the Municipal Codes. He explained he would re-introduce the subject during discussion of the City Manager's goals. Mayor Tower explained that the Deputy Mayor was responsible to execute items for Closed Sessions and to coordinate with Staff and the Council. Council Member Tower explained that the Deputy Mayor was in charge of the operation and organizational responsibilities and explained that it was simply procedural to ensure that tasks were completed. Current Rule: Upon the request of a Council Member an item may be pulled from the consent agenda and be considered as a separate issue. (NOTE: If the Council Member informs the Mayor of the request before noon on the day of the Council meeting the Mayor will notify the City Clerk to revise the agenda indicating the change.) By consent of the Council, the word "may" was changed to "will". Current Rule: Council Members must have agenda items submitted three working days prior to a Council meeting. Current Rule: Council members speaking under the heading "Council Member Statements" are limited to five (5) minutes. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) Council members shall inform the City Clerk by 12:00 noon on the Monday prior to the Council meeting of such statements. MOTION: AMEND COUNCIL RULE - DELETE FIRST SENTENCE AND NOTE (McHugh; second, Tower) LOST: Ayes (1) McHugh; Noes (6) Bain, Esslinger, King, Palmeri, Tower, Mayor Tower Council Member Palmeri stated that it protected all to have a majority vote in regard to the 2 exception of the five (5) minute rule. Proceedings of the Common Counci/- Apri/17, 2007 Mr. Wollangk responded. Mayor Tower explained that if citizens were limited to a five (5) minute rule then it would be appropriate for the rule to apply to Council Members. He stated his support for the Council to exercise exception to rules and explained that the exception would not require a formal vote. Council Member Tower questioned if adding Council Member statements to the agenda after the allotted time frame was in violation of the rules. He stated his support for the Council to exercise exception to the five (5) minute rule. Council Member McHugh questioned verbiage usage related to items pulled from the consent agenda. He questioned the 12:00 noon deadline for Council Member Statements and he explained that all Statements should be noticed. He explained that Council Members should not be restricted to the five (5) minute rule for statements. He explained that if the Mayor exercised the discretion for the exception then the vote process would be eliminated. Mr. Kraft responded. Council Member Esslinger explained that if citizens were limited to five (5) minutes of speaking time then the rule should apply to Council Members. He explained that it was not necessary to limit the Councilor citizens to a time rule. He stated support for exception to the rule at the discretion of Council. Council Member Bain explained he would support keeping the verbiage related to the deadline for "Council Member Statements", but the exception to the five (5) minute rule for both "Council Member Statements" and "Citizen Statements" should be at the discretion of the Mayor not at the discretion of the Council. Council Member King stated her support for the Council to exercise exception to the five (5) minute rule. Current Rule: Individuals speaking to the Council under the heading "Citizen Statements" are limited to five (5) minutes; must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and that the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) MOTION: AMEND COUNCIL RULE - "CITIZEN STATEMENTS" TO "STATEMENTS TO THE COUNCIL" (McHugh; second, Esslinger) LOST: Ayes (2) Esslinger, McHugh; Noes (5) Bain, King, Palmeri, Tower, Mayor Tower 3 Council Member McHugh explained "Citizen Statements" limited statements to only the citizens of Oshkosh. Proceedings of the Common Counci/- Apri/17, 2007 Mayor Tower explained that the word "citizen" was simply referring to a specific noticed entry in the agenda. He suggested optional wording. He explained that minor changes did not require a motion, but a change such as that would require a formal motion. Ms. Ubrig responded. Council Member Palmeri stated his support for the existing language. MOTION: LOST: AMEND COUNCIL RULE - DELETE "HAVE AN IMPACT ON THE CITY OF OSHKOSH AND THAT THE COMMON COUNCIL MAY ADDRESS AT A FUTURE MEETING" AND ADD "THE COMMON COUNCIL HAVE THE ABILITY TO VOTE ON" (Esslinger; second, Mayor Tower) Ayes (2) Esslinger, Mayor Tower; Noes (5) Bain, King, McHugh, Palmeri, Tower Council Member Esslinger stated concerns with the rule that "Citizen Statements" were limited to issues that have an impact on the City. Mayor Tower suggested optional language. He explained that discussions in the past were never limited to issues only within the City. He explained that in regard to "Citizen Statements" a certain amount of latitude was allowed due to First Amendment issues. He stated his support for the amendment Council Member Bain stated that it was a vague statement and changing the language would not make it less vague. He explained that he would not support the change. Mr. Kraft responded. Council Member McHugh questioned if the existing verbiage limited statements to the City. He stated a need for a change that would address the problem of speakers continually repeating the same Issues. Council Member King explained she would not support the suggested changes related to "Citizen Statements" due to the vagueness. She questioned when citizens had the opportunity to receive permission to address the Council. Council Member Tower explained he would only support changes if they were substantive in nature or were brought forward as the result of an issue. He stated he hoped to focus on items that would have an impact on citizens or the community. 4 Council Member Palmeri stated his support for the existing language. He explained he did not want to discourage citizens from speaking. Proceedings of the Common Counci/- Apri/17, 2007 Current Rule: The Mayor must relinquish the gavel to address any agenda item before the Council for consideration. Council Member Bain questioned the existence of gavel rule and explained that if the rule remained it should be enforced. Council Member Esslinger stated his support for the use of the gavel. Mayor Tower explained that his use of the gavel would be reserved for situations that were out of order. Council Member McHugh questioned the intent of the use of the gavel. Current Rule: Individuals speaking to the Council regarding agenda items are limited to five (5) minutes, one appearance per agenda item per person. (NOTE: Exception to the five (5) minutes may be made at the discretion of the Council.) Whenever the Council amends a resolution or ordinance, the Council, at its discretion, may permit additional public comment specific only to the amendment and its effect. MOTION: AMEND COUNCIL RULE - DELETE THE WORDS "AT ITS DISCRETION" AND CHANGE THE WORD "MAY" TO "WILL" (Palmeri; second, McHugh) CARRIED: Ayes (7) Bain, Esslinger, King, McHugh, Palmeri, Tower, Mayor Tower Council Member Bain questioned the rule allowing individuals one appearance per agenda item. Mr. Kraft responded. Council Member McHugh questioned if a formal vote was required to allow additional public comment. Mayor Tower explained that exceptions would not require a formal vote. Council Member Palmeri questioned verbiage related to public comment. Council Member Tower questioned verbiage related to Council's discretion. MOTION: ADOPT COMMON COUNCIL RULES OF ORDER AS AMENDED 5 (Bain; second, Esslinger) CARRIED: Ayes (7) Bain, Esslinger, King, McHugh, Palmeri,Tower, Mayor Tower Proceedings of the Common Counci/- Apri/17, 2007 Discussion of Agenda Format MOTION: LOST: CHANGE VOTING PROCESS - THE COUNCIL MEMBER SAYING THE INVOCATION WOULD VOTE FIRST AND THEN ROTATE COUNCIL MEMBERS BY EACH ITEM (McHugh; second, Esslinger) Ayes (2) Esslinger, McHugh; Noes (5) Bain, King, Palmeri, Tower, Mayor Tower Council Member McHugh questioned when discussion would be appropriate related to time frame issues of when an item is voted on by a Board and/or Commission and when it is subsequently noted as a item on the agenda. He referenced the Menominee Park dock issue. He questioned the policy for vote rotation. Ms. Ubrig responded. Council Member Bain explained that the issue was discussed at the Park's Board and a policy was not established, but in practice it had not since occurred. He explained possible verbiage to address the situation. Council Member King explained possible verbiage to address the concerns related to Council Agenda Items. She explained that a rule could be established to mimic the established practice and she noted the Council's ability to suspend the rules. Mr. Wollangk responded. Council Member Esslinger explained possible verbiage to address the concerns related to Council Agenda Items. He suggested that it was not necessary to establish a formal resolution. Council Member Tower explained that the Council should stay focused. He stated he was opposed to the proposed change in the voting process and explained that there was no substantive benefit derived from the change. Council Member Bain questioned decorum issues and removal procedures. Mayor Tower explained that he would entertain the idea of a recess to address the issue of disruptive speakers. He questioned proper procedures. Mr. Kraft responded. 6 Council Member McHugh questioned why Council was not allowed to speak to new resolutions or ordinances. Mr. Wollangk responded. Proceedings of the Common Counci/- Apri/17, 2007 MOTION: LOST: MOVE "CITIZEN STATEMENTS" TO BEGINNING OF NEXT FOUR (4) MEETINGS (Mayor Tower; second, Palmeri) Ayes (2) Palmeri, Mayor Tower; Noes (5) Bain, Esslinger, King, McHugh, Tower Mayor Tower questioned the history regarding placement of "Citizen Statements". He reviewed reasons for placing the statements at the beginning of the meeting versus at the end of the meeting. He explained that he was open to making temporary changes for four meetings to gauge the results of the changes. He reviewed the flow of public input related to pending and new ordinances or resolutions including amendments and he reviewed the rephrasing of "Council Member Statements" and "Whatever Else is Pertinent or for the Good of the City". He explained that he would add an agenda item asking for requested workshops. He explained he would provide additional background for items where the public may need additional information. He explained that he wanted workshop information to be provided to the Council the Friday prior to the scheduled Council Meeting. He explained his desire to have Staff available to answer questions related to agenda items. Council Member McHugh questioned the history regarding the placement "Citizen Statements". Mr. Wollangk, Ms. Ubrig, and Mr. Kraft responded. Council Member Palmeri explained he did not think that moving "Citizen Statements" to the beginning of the meeting would increase public attendance, but he stated his support for a trial period of placing the "Citizen Statements" at the beginning of the meeting. Council Member Esslinger explained that moving the placement of "Citizen Statements" would result in confusion to the public and he did not see a need for the change. He stated it was a business meeting and agenda items should be addressed first. Council Member Tower explained that the first concern should be for the agenda items and he explained that the public had plenty of opportunity to speak to the Council through e-mail, phone conversations, and Council Member Bain's "Fifth Tuesday" sessions. He stated it would be efficient to have motions followed with discussion. Council Member King explained that it was important to first recognize the citizens who were in attendance for the business meeting agenda items. She stated her support for "Citizen Statements" to remain at the end of the meeting. 7 MOTION: CHANGE STRUCTURE OF PUBLIC COMMENT ON AGENDA ITEMS INCLUDING PUBLIC HEARINGS (Mayor Tower; second, Esslinger) CARRIED: Ayes (7) Bain, Esslinger, King, McHugh, Palmeri, Tower, Mayor Tower Proceedings of the Common Counci/- Apri/17, 2007 Council Member Esslinger stated it was important for the public to be able to speak to an Amendment. Mr. Kraft responded. Council Member King stated her support and questioned the format on the agenda. She questioned how the public would be informed as to when they had an opportunity to speak. Mayor Tower reviewed the rules of public input. Mr. Wollangk and Ms. Ubrig responded. Council Member Bain explained that if public discussion was allowed on amendments it should occur prior to Council's vote. He stated the structure should be public discussion, then council discussion followed by the vote. MOTION: AMEND COUNCIL RULE #1 LAST SENTENCE DELETE "AMENDS" AND ADD "PROPOSES AN AMENDMENT TO" (Bain; second, King) CARRIED: Ayes (7) Bain, Esslinger, King, McHugh, Palmeri, Tower, Mayor Tower Council Member Bain questioned if there had to be a formal reconsider or if the rule could be amended. Council Member Esslinger questioned the verbiage. Mayor Tower questioned the voting procedure. He stated he would work with OCAT and media to explain the new Council Rules. Mr. Kraft responded. MOTION: ADOPT ALL RESOLUTIONS/ORDINANCES LISTED ON AGENDA COVER PROVIDE FISCAL IMPACT AMOUNTS (Palmeri; second, Bain) CARRIED: Ayes (7) Bain, Esslinger, King, McHugh, Palmeri, Tower, Mayor Tower Mayor Tower questioned ideas for the rephrasing of "Council Member Statements" and "Whatever Else is Pertinent or for the Good of the City". He explained that the newly adopted rule would not 8 allow for unnoticed statements. He questioned when the agenda was available and/or posted. He explained he would not support a time limit on Workshops. Ms. Ubrig responded. Proceedings of the Common Counci/- Apri/17, 2007 Council Member Bain explained the current categories included in "Whatever Else is Pertinent or for the Good of the City" and explained that "Council Member Statements" could be included in that section. He explained that the statements should be related to the council and the city and not subjects for editorializing. He questioned if workshop requests could be included in that area. He questioned if listing the expenditure of funds was limited to the "Consent Agenda". Council Member Esslinger asked for clarification and stated that "Council Member Statements" legally were not required to be noticed. He requested Staff to contact the Attorney General regarding that issue. He stated support for providing fiscal impact information for all items. He explained that the information at some workshops was redundant, however it would be difficult to limit the time. Mr. Kraft responded. Council Member Palmeri questioned the purpose for removing "Council Member Statements" as a separate item. He questioned if the "Consent Agenda" could include fiscal impact amounts. He explained it would give citizens more confidence in the budget process. Mr. Wollangk responded. Council Member McHugh stated he did not see a need for a change, but he would like more control over unannounced statements that were brought forward. He questioned if discussion would be allowed if a Citizen introduced a topic that was not noticed on the Agenda. He questioned the benefits of listing fiscal benefit amounts. He questioned if the length of Workshops should be considered. Mr. Kraft responded. Council Member Tower explained that if the expenditure of City funds was to be listed it could be itemized after each item. A 10 minute break was taken at 2:35 p.m. Discussion of Current and New Boards / Commissions / Committees / Task Forces; Operating Procedures and Areas of Responsibility 9 Proceedings of the Common Counci/- Apri/17, 2007 Mayor Tower explained that the Board had all the pertinent information related to the various Boards, Commissions, Committees and Task Forces. He explained that he would like to focus on new ideas and/or substantive structural changes. He explained that the Energy Board could be re-activated. He asked for the Council to return the requested information to him as quickly as possible. He questioned if there should be a general attendance policy for Boards and Commissions and if meeting times should be reconsidered. He explained that Council Members were appointed to Boards by the direction of State Statute. He explained he was not opposed to the possibility of adding to those Boards that did not require representation of the Council. He requested Staff to prepare a report listing the Boards that currently had five year terms. He explained that when he makes an appointment to a Board it was necessary for the Board to ratify that appointment. He questioned items that Council Members would like to individually champion as new additions for Boards/Commissions and he asked for memos/letters to be submitted related to those entities. He explained his desire to establish an Economic Development Summit, a Task Force on Crime and a Task Force on Poverty. Council Member Bain questioned the Boards that do not have Council membership and asked if the Council was prohibited from serving on any Boards. He explained that part of the City Manager's goals related to the issue of creating a more citizen friendly way to access information related to citizens interests in Boards and Commissions and that procedure would soon be in place and should help with voiced concerns. He asked for clarification on the letter/memo that the Mayor requested. He explained he would be advocating for a Commission on Water Management and the Oshkosh Council, the entire inter-governmental group. Council Member McHugh questioned if there was a time limit after expiration before a Board Member could reapply or apply to another Board and he questioned if there were term limits. He explained he supported term limits. He explained he would advocate for an analysis on the cost benefit and effectiveness of fees and a study on street repairs. Mr. Kraft responded. Council Member King explained that some committees have not reviewed their composition since they were created and questioned the possible expansion of certain committees to include additional diverse populations. She questioned the issues related to established meeting times. She explained the Cable Access Legislation that was presently before the State at Legislature and speculated how the results could affect the City's ability to publicize meetings. She 10 questioned if it was necessary to make a motion to ask the Boards and Commissions to address the current memberships and the meeting time issues. She questioned the implications changes could have with Union Members and City Staff. She explained the following Task Forces she was interested in establishing; a long range and visioning process that would incorporate the neighborhood concept with it, a review on relations on a multi-governmental level, lake municipalities, efficiency related to garbage collection, and issues related to water utility. She explained other items she was interested in exploring were the roles of volunteerism, public endowments, and technology. Mr. Wollangk responded. Proceedings of the Common Counci/- Apri/17, 2007 Council Member Tower questioned the State Statutes related to the Housing Authority. He explained that meeting time issues would be very difficult. He explained he would advocate for inter-governmental cooperation. He explained that there was only so much in the way of resources and time and he stated that there were already existing entities reviewing some of the issues that were mentioned. Council Member Palmeri questioned what would disqualify a citizen from serving on a Board. He questioned possible motives of special interest groups. He explained that he would be advocating for the following; a CommissionlTask Force on poverty, a Budget Committee, an Economic Development Committee, and a Street Repair Commission. Mr. Wollangk and Mr. Kraft responded. Council Member Esslinger explained the difficulty in recruiting members to serve on the Boards and Commissions. He stated it was important to be respectful of the current Board members and it would be helpful to complete a survey regarding potential time changes. He explained that he would like to establish a Citizens Advisory Committee for various tasks related to determining where the Community Block Grant dollars were distributed for nonprofit organizations and related to the city budget. Review of City Manager Goals for 2007-08 MOTION: LOST: RE-SCHEDULE DISCUSSION OF THE CITY MANAGER'S GOALS FOLLOWING THE WORKSHOP ON APRIL 24, 2007 (Palmeri; second, McHugh (Withdrawn); second, Esslinger) Ayes (2) Palmeri, Mayor Tower; Noes (5) Bain, Esslinger, King, McHugh, Tower Due to time restraints Mayor Tower requested that the review of the City Manager Goals be moved to following the Workshop of the April 24th Council Meeting. Council Member McHugh explained that he did not feel a review was necessary. 11 Council Member Palmeri questioned if the goals had been subject to public discussion. He explained it would be helpful to give citizens the opportunity to hear discussion of the goals. He explained that a workshop would address unanswered questions. Council Member Esslinger questioned when the goals should be established. He questioned the intent of the Workshop. Council Member Tower explained that the goals were set for the individual. He explained that the goals for the City should be separated from the goals set for the City Manager. Proceedings of the Common Counci/- Apri/17, 2007 Council Member King stated that she was not part of the process of the goal setting and her focus was directed at the goals for the City. She explained she would not be uncomfortable if there was not a review of the City Manager Goals. Council Member Bain questioned the motion. There was no other business before the Council. MOTION: CARRIED: ADJOURN (Esslinger; second, McHugh) VOICE VOTE The meeting adjourned at 3:59 p.m. PAMELA R. UBRIG CITY CLERK 12