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HomeMy WebLinkAbout_Minutes P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN N OVEMBER 22, 2016 REGULAR MEETING held Tuesday, November 22, 2016, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison- Aasby, Caroline Panske, Benjamin Stepanek, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Trena Larson, Finance Director Council Member Pech read the Invocation. The Pledge of Allegiance was led by Joey Wright and Kylie Ziegler from Carl Traeger Elementary School; and, Ashlyn Jones and Grace Weber from Carl Traeger Middle School. P RESENTATION Karen Befus from Oshkosh Hub stated Hub was created to help households overcome financial emergencies and achieve lasting self-sufficiency. She explained a community without Hub would have barriers to entry into services, disjointed experiences and system challenges. She stated with Hub there are multiple points of entry, a standardized referral process, common intake form, a shared data base of client stories, consolidated and bundled services and shared outcome measures and reporting. She explained with Hub there was a continuum of services which resulted in long term coaching relationships and better community data that allowed for a proactive response to address identified gaps. Sue Panek from Oshkosh Hub explained there were a number of community partners including private non-profits, government entities, education services, and a non-profit financial institution that work together to make Hub possible. She stated the organization had been built around a case management model. She explained the different partners 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 collaborated to establish a shared vision, mission, and goals. She stated the partners varied roles and responsibilities had been defined and participant outcome metrics had been established. She explained committees had been established to continue to develop coaching and case management, database development, and co-branding and marketing. She presented a slide showing a matrix that detailed the various components utilized to determine participant success. She explained the participant-driven process of identifying a need, developing a plan and assessing progress. Council Member Pech asked for an explanation of the need that brought Hub together. Ms. Panek stated an emergency financial assistance program called Bridges was set to transition from the American Red Cross to ADVOCAP. She explained they identified a need within the community as the same individuals were applying to Bridges on an annual basis. She stated these individuals needed a program to help them get to the next level of self-sufficiency which was the goal of Hub. She explained multiple organizations working together as a group would produce a better result for the participant. Council Member Palmeri questioned how many people were involved in the program. Ms. Befus stated at the end of September they had 23 participants and there were presently 36 participants. She explained ADVOCAP began working as the pilot site for the coaching program and was later joined by the Oshkosh Area Community Pantry. She stated the coaches worked part-time and were adapting to the participants as the program continued. She explained there was a testimonial video on YouTube titled ‘Patti’s Hub Story’ that allowed the community to understand the impact the program had. Council Member Palmeri asked if an individual could apply for the program on their own without a referral from an agency. Ms. Befus stated an individual could apply through ADVOCAP, the Oshkosh Community Food Pantry, or apply online at HubOshkosh.org. She explained there was also a referral page on the website that would allow a community member to refer someone in need. Ms. Panek explained Hub was actively seeking volunteers to work as coaches. 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Palmeri questioned if the program modeled the ‘two on one’ program. Ms. Panek stated that Hub was similar to the ‘two on one’ program but added the component of case management. C ITIZEN S TATEMENTS TO C OUNCIL Carl Sosnoski, 2475 Knapp Street, stated he was present to complain about Council Member Panske’s actions at the Council meeting two weeks prior. He explained he was a former Marine and felt upset when he witnessed Council Member Panske sitting down during the Pledge of Allegiance. He stated he believed it was possible that Ms. Panske did not believe in America any longer. He explained if Council Member Panske wished to protest she should do it outside of Council chambers. He stated she embarrassed the City of Oshkosh and disrespected veterans. He explained he lost respect for Council Member Panske. He stated if she was experiencing personal problems she should resign and allow someone who cared about the flag to take her place. Patricia Gayner stated the election was in the past and it was time to move forward. She explained she understood where Council Member Panske was coming from and that she was present to represent the people of Oshkosh. She stated the City was spending too much money doing things such as lighting Main Street and the budget needed to be cut. th Scott Engel, 80 Lake Street, stated he had watched the video of the November 9 Council Meeting and had experienced feeling anger, disgust, and disappointment. He stated he was upset Council Member Panske had chosen to not stand for the Pledge of Allegiance so close to Veteran’s Day. He explained she was an elected public servant that represented the City and the Council meeting was not to be used as a stage for personal protest. He stated her actions sent the wrong message to children on how to behave when something does not go your way. He explained he believed she should make her point in a manner that did not disrespect the flag and the Pledge of Allegiance. He thanked Mayor Cummings for his service as a Marine and Council Member Herman for his career in law enforcement. Mark Kelderman stated his son was a veteran who served in Afghanistan and had asked him to thank Council Member Panske for her actions and defending the right of freedom of expression. 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 C ONSENT A GENDA Report of Bills by the Finance Director Approval of Cash Report from September 2016 Resolution 16-519 Approve Conditional Use Permit to Establish a New Auto Body Repair & Automotive Service & Sales Use at 1901 South Washburn Street (Plan Commission Recommends Approval) Resolution 16-520 Approve Engineering Services Agreement for Johnson Avenue Watershed Storm Water Management Plan AECOM Technical Services, Inc. ($126,420.00) Resolution 16-521 Award Bid to EGI Mechanical Inc. for 40 Ton Chiller Replacement for Oshkosh Convention Center ($119,697.00) Resolution 16-522 Award Bid to Various Vendors for Chemicals for the Water Filtration/Wastewater Treatment Plants for 2017 (Various Amounts) Resolution 16-523 Approve Special Event – Anglers Insight Marketing to utilize Miller’s Bay Boat Launch & Menominee Park for the AIM Weekend Walleye Series / May 21, 2017 Resolution 16-524 Approve Special Event – Father Carr’s the Place 2B to utilizeCity streets for the Bridge Walk / June 3, 2017 Resolution 16-525 Approve Special Event – Oshkosh Saturday Farmer’s Market, Inc. to utilize 400 & 500 blocks of Main Street & 100 block of Church Avenue for the Oshkosh Farmer’s Market – Downtown / June 3, 2017 through October 28, 2017 (Saturdays) Council Member Panske questioned if those involved in special events such as Market in the Park were aware of ongoing CIP projects that may have an impact due to construction. Mr. Rohloff stated they had been informed during special events committee meetings. 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Resolution 16-526 Approve Special Event – Oshkosh Chamber of Commerce to utilize Opera House Square & Market Street for the Live at Lunch series / June 21, 2017 through August 16, 2017 (Wednesdays) Resolution 16-527 Approve Special Event – Oshkosh Corporation to utilize City streets th for their 100 Anniversary Parade / July 15, 2017 Resolution 16-528 Approve Special Event – Oshkosh Saturday Farmer’s Market, Inc. to utilize South Park for the Market in the Park / July 19, 2017 through September 27, 2017 (Wednesdays) Resolution 16-529 Approve Special Event – Downtown Marketing Consortium – Business Improvement District (BID) to utilize Opera House Square City streets for the Chalk Walk / August 5, 2017 Resolution 16-530 Approve Special Event – ARC Restoration to utilize Opera House Square & City Streets for the ARC Gus Macker / August 25, 26 & 27, 2017 Resolution 16-531 Disallowance of Claim by John Johnson Resolution 16-532 Approve Appointment to the Public Arts & Beautification Committee Resolution 16-533 Approve Special Class “B” Licenses, Agent Change for Combination “Class A” Licenses, Operator Licenses, Taxi-Cab Driver License & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Ordinance 16-534 Approve Parking Regulation Changes on North Main Street between New York Avenue & Murdock Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 16-535 Cancel December 27, 2016 Council Meeting FIRST READING; LAID OVER UNDER THE RULES Resolution 16-536 Approve Special Event – Christine Ann Domestic Abuse Services Inc. to utilize Menominee Park and City streets for the Race for the Light Walk Run / December 3, 2016 MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Council Member Pech excused himself from consideration of Resolution 16-536 as he had been the director of the event for the past 14 years. He thanked the community members and Oshkosh Police Department who had worked together to make special events possible in the City. Resolution 16-537 Approve Secondhand Dealer License for Fabulous Finds MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Pech, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Council Member Palmeri stated she would abstain from voting on Resolution 16-537 as she had a relationship with the owner of Fabulous Finds. 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Resolution 16-538 Approve 2017 Business Improvement District Operating Plan & Budget (BID Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Palmeri) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Council Member Herman stated he wanted the citizens of Oshkosh to understand that the BID was a self-assessing entity that received no direct City funding for their operational budget. He explained the BID operated by taxing its members over and above the tax rate given by the City of Oshkosh and used the funds to better the business improvement district and put on events in the downtown area. He stated the BID budget needed Council approval even though it was not part of the City budget. Resolution 16-539 Authorize the Filing of Applications for Federal Operating & Capital Assistance, State Operating Assistance & County Transportation Assistance for GO Transit MOTION: ADOPT (Panske; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Resolution 16-540 Receive & File a Petition for Direct Legislation to Reduce the Forfeiture for Possession of Marijuana to $25 MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings MOTION: AMEND TO DIRECT STAFF TO PREPARE CHANGE OF 25 GRAMS OR LESS OF MARIJUANA TO A FORFEITURE OF $25 (Panske; no second) LOST: NO SECOND 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Linda Ellen, S2502 Vanhy Cove, Baraboo, stated she had a prepared speech that was slightly over five minutes but well under six minutes and requested the Council grant her the extra time to speak. Mayor Cummings asked Council if this would be okay. Council Member Herman stated it would be fine and the other Council Members agreed. Ms. Ellen stated she had circulated the petition and gathered over 1,000 signatures. She explained despite living in Baraboo she had circulated the petition in Oshkosh as she had strong family ties to the community. She stated she had made a deliberate point to stay out of the student district when gathering signatures except for a few special events. She explained she had gone into the working class areas and spoke with permanent citizens of Oshkosh. She stated the people of Oshkosh had spoken and they wanted the reform. She explained she wanted the reform after her son was arrested for possessing less than one gram of cannabis. She stated that event began her son’s battle with alcohol and eventually led to his death. She explained that alcohol was physically addictive while cannabis, though habit forming, was not. She stated Dr. Christopher Fitchner, a psychiatrist who had served as the mental health director in Illinois, spoke at a Wisconsin State Informational Hearing in support of medical cannabis and quoted him as saying ‘medical cannabis is harm reduction for those who self-medicate with alcohol’. She explained her son had mental health issues and needed the harm reduction of cannabis but was not able to use it and instead chose alcohol which ended his life. She stated she had gathered her signatures in the name of her deceased son. She explained she had received similar stories from members of the Oshkosh community. She read several testimonies she stated she had taken from citizens who had signed the petition. She stated Council could choose to file the petition and not respond but it would not stop the efforts of the group. She explained the residents of Oshkosh had spoken and wanted reform. Mark Kelderman, W2457 Lomira Drive, Brownsville, stated he had met Ryan Hamman, a recent graduate of UW Oshkosh, over the summer and the two had discussed poll results that indicated to them that Wisconsin was receptive to a change in law either legalizing or decriminalizing cannabis. He stated Mr. Hamman made attempted contact th with the City Clerk’s office on August 7. He explained they had looked at the Government Accountability Board’s website for instructions on how to petition for direct legislation. He stated they downloaded form 172 and contacted the City Clerk as he 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 believed she would be able to answer any questions. He indicated they did not receive a nd response prior to September 2. He explained the anticipated start date was in early September because they realized to gather enough signatures in 60 days they would need to encompass the event ‘A Taste of Oshkosh’ and Halloween. He stated they believed there were enough public events in that time frame that a small number of people could collect the required amount of signatures. He explained they began petitioning on thnd September 6. He stated on September 2 he had left a detailed message for the City Clerk expressing his concern regarding the language of the petition and asked to meet with her for direction. He explained they began petitioning and later went into the City Clerk’s office and brought a sample of what they were circulating. He provided Council with four examples of the different language of the petition. He stated the sweatshirts he and his colleagues were wearing displayed the message they were giving to Oshkosh citizens. He stated every person who signed the petition viewed an attachment that included the same language that was on the shirts. He stated there were not four different petitions and that all of the petitions contained the same language. He explained on form 172 at the bottom it stated ‘I support the intent of this petition’. He stated under Wisconsin Statute 9.20 it states that the City Clerk would verify the sufficiency of signatures and the sufficiency of the ordinance language. He explained the petitioners had ten days to correct either the signatures or the language. He stated the group was not afforded that opportunity and had been told they had submitted four different petitions and none of the versions had gathered enough signatures. He stated that was not true. He explained the only difference between the versions was an addition that had been made after speaking with the City Clerk and City Attorney. He stated the City Attorney had indicated they were attempting to repeal existing legislation that dealt with juveniles. He explained they were adding additional language and in doing so ‘moved down’ the line regarding juveniles. Mayor Cummings requested that Mr. Kelderman wrap up his statement as he had gone over the 5 minute time limit. Mr. Kelderman stated his colleagues would then finish what he was saying. He explained it was a matter for the courts and asked that Council recognize the voices of over 4,000 individuals that signed the petition. He stated Council needed to examine the Supreme Court test to determine what direct legislation can and cannot accomplish. He explained if Council would not accept the petition the group intended to pursue the issue legally. He stated they were asking Council to uphold the will of the 4,000 voters that had signed the petition. 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Sharon Koerner, 709 Merritt Avenue, stated she believed the petition was ridiculous. She explained she had lived in Oshkosh since 1973 and was against drugs. She stated she found it ludicrous that the City would want to lower a fine on something that was being done illegally. She explained she believed it was illegal on a federal and state level and did not believe the fine should be lowered. She stated she did not appreciate the woman who stated she spoke for the people of Oshkosh. She explained that the number of signatures they had gathered did not represent even ten percent of the City’s population. William Tomlinson, N9303 Wildcare Road, Poinette, stated he believed lowering the fine from over $500 to $25 would positively impact local businesses. He indicated the petition was good politics and good economics. He explained he did not believe it was right to punish people for the use of a mild product. He compared the use of marijuana to people having a beer after a long day of work. He stated it was a waste of a police officer’s time to seek out individuals doing something that was harmless. He explained the public needed to be better educated and the police should spend their time investigating individuals who used hard drugs. He stated it was irresponsible to charge an individual an amount that could be more than a week’s pay. He explained marijuana was being used to treat addiction. He stated his previous girlfriend had committed suicide as she had post-traumatic stress disorder. He explained she had become addicted to pharmaceutical benzodiazepines and they were legal drugs despite being dangerous and addictive. He stated marijuana was the only thing that helped her. He explained there were veterans who suffered from post-traumatic stress disorder that were forced to turn to alcohol and suicide. He stated the City of Oshkosh needed to ‘step up’ and look at the 4,000 signatures and realize that many people use marijuana for medical reasons. Patricia Geener stated she had previously worked for both the City and County and was against drugs. She explained she believed it did not matter if individuals chose to drink or take drugs that if they wanted to end their lives they would. She stated individuals were not committing suicide due to lack of marijuana. She explained if a person could not cope with life, drugs would not fix their situation. Shawn Kelderman, W2457 Lomira Drive, Brownsville, stated she did not use cannabis but had seen the positive effects it had on people who needed it and the negative effects incarceration had. She explained she petitioned for 60 days and had interacted with several different types of people and listened to their stories. She stated she hoped Council would not set aside the petition just because the language did not meet the formal requirements. 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Cindy Kerwin, 130 Stoney Beach Road, stated she had lived in Oshkosh her whole life and had personal experiences with individuals who could have benefited from medical marijuana. She explained it was disturbing that she had to cross state lines to be able to provide medicine to family members. She stated she knew individuals who utilized the cannabis oils and had been cured. She explained she had petitioned and heard many stories from a varied demographic. She stated it did not make sense for some states to allow marijuana while others did not. She explained this was the first step and if it did not pass the group would not stop. She stated those who did not believe in marijuana did not have to use it. Council Member Pech asked for an explanation of the memo sent by Ms. Lorenson. Ms. Lorenson stated Council would be voting to receive and file the petition. She explained Wisconsin law stated once Council passed legislation on an issue it would remain under Council’s control for further regulation. She stated direct legislation was appropriate when there was a new initiative or an item that had not been regulated before. She explained the City of Oshkosh had an existing ordinance adopting the state law and penalties for violating the ordinance violation. She stated because Council had already regulated in the area, direct legislation was not an appropriate method for moving forward. She explained once the Council took action in an area it would go back to Council to take further action which was the basis for the recommendation to receive and file the petition. She stated the memo included options Council could pursue if in the future they wished to change the existing ordinance. Council Member Panske questioned why Ms. Lorenson had not informed the petitioners that it was not an appropriate topic for direct legislation. Ms. Lorenson stated she had informed the petitioners. Council Member Panske stated 4,000 signatures was impressive and needed to be recognized. She explained it had been a challenge to obtain 100-200 signatures when seeking nomination for Council. She stated 4,000 signatures had to be recognized. She explained she did not understand why the petitioners would not have been directed that the topic was not appropriate for direct legislation. Ms. Lorenson repeated that she had informed the petitioners. 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Panske questioned why the petitioners went through with the petition. Mr. Kelderman interrupted from the audience. Mayor Cummings informed Mr. Kelderman if he continued to interrupt he would be removed from Council chambers. Mr. Kelderman stated it did not matter as they had lost everything. Council Member Panske asked for an explanation of how Council could bring the topic forward for regulation. Ms. Lorenson stated Council would be able to direct City staff to prepare an ordinance change. She explained because Council had legislated within the topic it was an item the Council could continue to regulate. Mr. Kelderman stated from the audience that Ms. Lorenson was stating it was in the Council’s authority which was the argument the petitioners had made all along. Mayor Cummings stated if Mr. Kelderman had any further outbursts he would be removed from Council chambers. Council Member Panske questioned how she could motion to adopt the language that was present in the petition. Ms. Lorenson stated she would make a motion to amend Resolution 16-540 to direct City staff to prepare an ordinance to reduce the forfeiture to $25. Council Member Panske motioned to make an amendment to direct staff to reduce the forfeiture to $25 for possession of 25 grams or less of cannabis. Mayor Cummings stated a second was required. Council Member Panske stated she was surprised her colleagues would not recognize 4,000 signatures. Mayor Cummings stated that because there was no second the motion failed. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Pech stated it was not a matter of recognizing 4,000 signatures. He explained there had not been respect for the process. Mr. Kelderman interrupted from the audience. Council Member Herman stated he was concerned that the topic had not been brought forward by Oshkosh residents. He explained he understood that residents signed the petition but the circulators were generally from different municipalities. Several members of the audience interrupted stating that they were from the City of Oshkosh. Council Member Herman stated he supported the City Attorney’s recommendation. He explained it was an issue Council could take further action on at an appropriate time. He stated he did not support reducing the forfeiture as he had spent 30 years in law enforcement defending the law adopted by the state legislature. He stated in the Wisconsin State Statues possession of marijuana remained a crime and the City had adopted State Statues. He explained he would not support reducing the forfeiture unless there was a change in state legislation. He stated in the 30 years of enforcing the law he had encountered people who shared the pros and cons of marijuana use including escalating to harder drug use. Council Member Pech stated the country was founded on rights and with rights come responsibilities. He explained following rules was a responsibility. He stated Council had respected the members of the audience who had expressed their views and asked that they respect that Council had rules regarding how City business was conducted. He explained acting in an interruptive and rude manner was not responsible. Mr. Kelderman made inaudible comments from the audience. Mayor Cummings stated the Council did not conduct business with mob rule shouting from the back of the chambers. Council Member Palmeri presented a bag filled with tea. She stated she had weighed it on a postal scale and it was 25 grams. She explained from what she understood 25 grams could be divided and sold for approximately $300. She stated she would not support reducing the fine for possession of 25 grams of cannabis. She explained she believed there 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 were a number of individuals in the community interested in reducing the financial impact of possession of cannabis. She stated she respected the time the petitioners had spent obtaining signatures and that they took the initiative to try and pursue the government to make a change. She asked that the petitioners understand that there was a specific process and procedure that needed to be followed for Council to be able to look at the issue. Resolution 16-541 Adopt 2017 City Budget MOTION: ADOPT (Pech; second, Allison-Aasby) Mr. Rohloff stated City staff had provided Council with the updated amendment which was color coded. He recommended Council begin with the operating budget followed by the CIP. He stated Council was able to make additional amendments. He explained after Council made amendments to the budget then any necessary adjustments could be made to the tax levy and the tax rate. He stated then Council would be able to adopt the Capital Improvement Plan. MOTION: AMEND TO INCLUDE LINE ITEM 1 IN EXHIBIT A- UNCLASSIFIED/ UNCOLLECTABLE ACCOUNTS (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Trena Larson, Director of Finance, stated the first amendment was proposed by City staff to balance with the expenditure restraint. Council Member Pech asked for an explanation of expenditure restraint. Ms. Larson explained expenditure restraint was the maximum capacity the City could increase the tax levy. She stated compliance with expenditure restraint resulted in a 1.2 million dollar revenue that would be received in 2018. Council Member Pech stated the City would benefit from complying with the expenditure restraint by starting the following year with receiving 1.2 million dollars in revenue. 14 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Mr. Rohloff stated the City would receive the funds in 2018 not 2017. MOTION: AMEND TO INCLUDE LINE ITEMS 2-10 IN EXHIBIT A- PARK STAFFING (Herman; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Ms. Larson indicated the amendment proposed hiring a full time parks employee in lieu of hiring temporary staff. Council Member Pech stated although they would be adding a position the parks department would be spending less money. MOTION: AMEND TO INCLUDE LINE ITEM 20 IN EXHIBIT A- EQUIPMENT FUND- REDUCE PROJECT CONTINGENCY (Panske; no second) LOST: NO SECOND Ms. Larson explained the amendment proposed to reduce project contingency for a major vehicle replacement. She stated the amendment was a Council Member’s recommendation in the amount of $120,000. MOTION: AMEND TO INCLUDE LINE ITEM 21 IN EXHIBIT A- EQUIPMENT FUND- REDUCE PROJECT CONTINGENCY (Panske; second, Palmeri) LOST: Ayes (2) Palmeri, Panske Noes (5) Pech, Herman, Allison-Aasby, Stepanek, Mayor Cummings Ms. Larson explained the amendment proposed to reduce project contingency in the amount of $65,000. Council Member Palmeri questioned if the amendment was related to line item 20 or if it was separate. Ms. Larson stated it was a separate item. She explained line item 20 was for a piece of equipment that was requested by two different departments. She stated it had been put into contingency until there was a resolution to share the purchase. 15 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Palmeri asked for an explanation of line item 21. Mr. Rohloff stated it was a contingency related to the CIP. He explained they allocated 1 million dollars into the budget; he and Ms. Larson identified items within the CIP that could be purchased with cash and would not be able to be borrowed for. He stated the $65,000 would serve as a contingency because it was undetermined as City staff moved along with projects items that might be needed to purchase that did not meet borrowing requirements. He explained the contingency would serve as a protection. Council Member Herman explained the contingency was similar to a savings account. He stated if a project or bid went over budget it could still continue without having to borrow funds. Mr. Rohloff stated if there were no need in 2017 for a contingency Ms. Larson would be able to reduce the borrowing by the contingency amount. Council Member Panske questioned if it was contingency specific to equipment. Ms. Larson stated the fund was labeled equipment and was where the direct levy took place for the Capital Improvement Program. Council Member Panske stated she had been provided an example of the Bucks D-league team when she questioned what the funds could be used for and questioned why that would have been provided as an example if had nothing to do with equipment. Mr. Rohloff stated when the fund was originally created it had been titled the equipment fund. He explained it had been intended to use to purchase vehicles for cash instead of borrowing for a vehicle over ten years when the vehicle was only expected to last ten years. He stated they used the funds for any item within the Capital Improvement Program that met the same criteria and had not removed the label of equipment fund. He explained the funds could be used for a variety of purposes. Council Member Panske stated that was not transparent. She stated without having a specific plan for the funds on a tight budget she was not comfortable setting funds aside for an undetermined use. She explained there were alternative items that could be purchased that had specific reasons to support the purchase. 16 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Pech stated he did not believe it was a matter of setting the funds aside. Council Member Panske stated there was no purpose for the funds. Mayor Cummings stated that was why it was called a contingency. Council Member Allison-Aasby stated if there was concern regarding the labeling of the line item Council would be able to make a recommendation to change the label. She explained she had experienced six City budgets and there had been shortages during the year and a struggle to determine where to pull the funds from. She stated an alternative was to pull the shortage from the general funds balance but recommended Council and City staff use caution when considering this option. She explained using the general funds balance to cover unexpected expenditures resulted in audit concerns with Ehlers and impacted the City’s Moody rating which impacted interest rates. She stated in her experience if the City did not plan for contingencies the alternatives did more harm than good. Council Member Pech stated he agreed with Council Member Allison-Aasby. MOTION: AMEND TO INCLUDE LINE ITEMS 25-29 IN EXHIBIT A- SPECIAL EVENT FUND (POLICE/FIRE) (Pech; second, Palmeri) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Ms. Larson stated the amendment proposed the creation of a special events fund which would fund staffing of the Police Department and Fire Departments for their services at special events. She stated it would not have any levy impact as it would be funded through revenues. Council Member Pech stated it was a budget neutral item. MOTION: AMEND TO INCLUDE LINE ITEMS 30-34 IN EXHIBIT A- PARKING UTILITY (Herman; second, Palmeri) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings 17 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Ms. Larson stated the amendment proposed to add items that had been previously approved by Council in regards to implementing the Walker Parking Study as well as increase the BID’s contribution to the implementation. She explained it was a budget neutral item. MOTION: AMEND TO INCLUDE LINE ITEM 35 IN EXHIBIT A- SENIOR CENTER REVOLVING FUND (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Ms. Larson stated the amendment proposed to draw from the Senior Center revolving fund to add $5,000 in contractual services. She explained it was a budget neutral item. Council Member Allison-Aasby stated the goal was to put together a strategic planning session that would involve three different areas in regards to seniors and the aging population. She explained the amendment would not affect the levy. Council Member Herman questioned if the discussion of the plan had developed at the meeting for the committee on aging. Council Member Allison-Aasby stated yes. Council Member Herman stated the Senior Center adopted the strategic plan that the City had in place. He questioned if the amendment was a separate issue. Council Member Allison-Aasby stated that it was a separate issue. She explained she did not believe the Committee on Aging had completed a strategic plan in the past. Ray Maurer, Director of Parks, stated the Committee on Aging had struggled in the past. He explained engaging in a planning session with the Committee on Aging, Senior Center staff, Friends of the Senior Center, and the Advisory Board of the Senior Center would allow the separate groups along with City staff to share knowledge and approve the services for the aging residents of Oshkosh. Council Member Allison-Aasby stated County representatives had attended a meeting for the Committee on Aging to compare County and City services. She explained she believed in some areas it was acceptable to overlap services due to the large growing need 18 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 within the population. She stated the planning session would help the group determine a set of goals and how best to accomplish them. Council Member Herman stated he thought it was a positive initiative and would move the Senior Center in a positive direction parallel with the City. Mr. Rohloff recommended Council continue on to the Capital Improvement Plan. He explained after that was complete Council would be able to take a brief recess to allow Ms. Larson time to update the levy, tax rate and CIP. MOTION: AMEND TO INCLUDE LINE ITEMS 1, 2 & 8 IN CAPITAL IMPROVEMENT PLAN (CIP) EXHIBIT A- MUSEUM/ IMPLEMENT PEOPLE OF THE WATERS (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Ms. Larson indicated the propose amendment was in regards to the Oshkosh Public Museum People of the Water’s exhibit. She stated there was a change in the funding to the project. She explained the amendment allowed for $100,000 to be borrowed from the general obligation fund and removing $100,000 in donations. Council Member Panske questioned if City staff was aware of what happened to the donations. Brad Larson, Director of Museum, stated there had been confusion regarding how much was being utilized from the Durow Trust Fund and how much needed to be raised that resulted in the shortage. Council Member Panske questioned what the Museum’s plan was moving forward. Mr. Larson stated they planned to utilize $300,000 from the Durow Trust Fund, $300,000 from the CIP and the remainder would be raised by the Museum. MOTION: AMEND TO INCLUDE LINE ITEM 3 IN CIP EXHIBIT A- PARKING LOT IMPROVEMENTS (Palmeri) 19 Ms. Larson stated the amendment proposed parking lot improvements with a $75,000 reduction. P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Palmeri withdrew her motion from consideration. MOTION: AMEND TO INCLUDE LINE ITEM 4 IN CIP EXHIBIT A- TEICHMILLER PARK RECONSTRUCTION (Palmeri; second, Panske) Ms. Larson indicated the proposed amendment was a reduction of $40,000 for Teichmiller Park reconstruction. Council Member Panske questioned how the $40,000 figure had been calculated. Council Member Palmeri stated she had compared the project to another restroom that had been built. She questioned if the $120,000 had been the estimate to construct the new restroom. Mr. Mauer stated the project at Teichmiller was a renovation similar to renovations that th had been complete at Red Arrow Park, Lakefly Café, and the 24 Avenue boat launch. He explained City staff ‘gutted’ the interior of the buildings leaving the shell and hired a contractor to make the building ADA accessible and more efficient. He stated the low bid for the Red Arrow project was approximately $115,000 in 2016. He explained using the project as a comparison for the Teichmiller project City staff budged $120,000 knowing that the cost would likely increase with the project taking place in 2017. Council Member Palmeri stated her misunderstanding was that a restroom had been constructed for $80,000 when the true cost had been $180,000. Council Member Herman questioned if the budget was reduced by $40,000 would the Teichmiller project move forward. Mr. Mauer stated the project was nearly identical to the project completed at Red Arrow Park and would incur the same cost. Council Member Herman questioned if the Parks Board had indicated the renovation at Teichmiller Park as high priority. 20 Mr. Mauer stated the number one concern within the community as indicated on the community wide assessment survey in regards to parks was their restroom facilities. He P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 explained the Parks Department had tried to complete at least one restroom update a year over the past 5 years. Council Member Herman questioned the average usage of the park. Mr. Mauer stated it was used 4 nights a week by youth baseball groups and the tennis courts and playground equipment was actively utilized. Council Member Palmeri questioned if there would be a way to provide the restroom renovation and still reduce the budget by $40,000. Mr. Mauer stated the building would be completely ‘gutted’ and that gives City staff the ability to make the restrooms ADA compliant. He explained with a reduction of $40,000 the project would not be able to move forward. He stated the restroom was unsightly and had been heavily vandalized. He explained there was no way to reduce the cost by that significant amount. Mayor Cummings stated the importance of neighborhoods was emphasized in the City’s strategic plan. He explained he believed the quality of the parks had an impact on the quality of life within the City. He stated if the renovations were not completed in 2017 they would cost even more in the future. Mr. Mauer stated if the Teichmiller renovation were to be delayed it would delay the other park renovations as well. Council Member Herman stated the renovations provided a 50 year lifespan for the building. Council Member Allison-Aasby questioned how long the project had been in the CIP. Mr. Mauer stated the proposed renovation had been in the CIP for a number of years. Council Member Allison-Aasby stated it was not a new project to those that had been a member of Council for some time. She explained Council Member Palmeri may not have been aware of the project as it was her first budget experience. 21 Mr. Rohloff stated he had moved the project from 2016 to 2017. P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Palmeri stated she was not aware of that. Mr. Rohloff stated the Parks Department submitted approximately 12 projects annually and only 4 or 5 would be approved and included in the CIP. Council Member Palmeri withdrew her motion. Council Member Panske withdrew her second. MOTION: AMEND TO INCLUDE LINE ITEM 5 IN CIP EXHIBIT A- MARY JEWELL RESTROOM SHELTER (Palmeri; no second) LOST: NO SECOND Ms. Larson stated the amendment was a proposed reduction of $200,000 in regards to the Mary Jewell restroom shelter. VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Council Member Pech stated he commended City staff for putting the budget together. He explained there was multiple workshops and time spent reviewing the budget looking for areas that could be adjusted. He stated he was aware there had been concern regarding the rate of the levy increase. He explained there was an overall increase in overall spending from the previous year. He stated he and his colleagues were cognizant of the issues the City faced and although Council would like to be able to approve a zero percent increase the City needed to provide a service to the public through public safety, planning and zoning, community development, parks and other services. He explained the City would continue to move forward and execute the strategic plan and Council was passing a budget that stayed within expenditure restraint. He stated the only true place to reduce expenditure was by reducing personnel which would reduce services. Mayor Cummings stated there were a number of items that were mandated by the State that the City was forced to comply with. He explained funding from the state that help 22 provide for items such as police and fire protection were continually reduced. He stated most recently they reduced the funds for police and fire protection to 38%. He explained P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 there were also instances where certain institutions that did not have to pay taxes such as when the University purchased homes. Council Member Palmeri thanked the members of the community who had reached out to City staff or Council members with comments and concerns. The Council recessed from 7:47 p.m. to 8:16 p.m. to provide Ms. Larson time to update the budget information to reflect the adopted amendments. Resolution 16-542 Approve 2016 Tax Levy MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Mr. Rohloff stated Ms. Larson had revised resolutions 16-542 and 16-543 to reflect the changes that resulted from the adopted amendments. He stated the levy for the City was $36,297,700 which applied to all the taxing entities and the overlapping districts that the City was require to include by law. Council Member Herman questioned how the changes would impact the average citizen. Mr. Rohloff stated the increase for a $100,000 house was $56.10 per year. Resolution 16-543 Adopt 2016 Tax Rates MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Mr. Rohloff stated the City tax rate for 2017 was 10.344 which was an increase of $55.07. Resolution 16-544 Approve 2017 Capital Improvement Plan MOTION: ADOPT (Allison-Aasby; second, Herman) 23 CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Pech thanked Ms. Larson and the City staff who put significant time th and effort into the budget. He stated this was his 6 budget experience and he had seen the process progress and become more in-depth. Mayor Cummings thanked his fellow Council Members for their work on the budget. He stated it had been a collaborative team effort between Council and City staff. Mr. Rohloff stated Council would receive a copy of the updated budget. C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER AND F UTURE A GENDA I TEMS Mayor Cummings reminded Council of the pilot program lead service lateral th replacement workshop on December 13 at 4:45 p.m. Council Member Pech stated there was a new state senator representing the Oshkosh area. He explained he and Mr. Rohloff believed it would be beneficial to meet with state representatives. Mr. Rohloff stated he would like to arrange a meeting for January. Mayor Cummings reminded Council of the future discussion of Bay Shore Drive at the th December 13 Council Meeting. He indicated he had received a number of phone calls from neighbors and was appreciative that the neighborhood was involved in looking at the future of the street. Council Member Panske stated there had been members of the Bay Shore Drive neighborhood present at a recent Bike and Pedestrian meeting and she appreciated their participation. Council Member Stepanek stated he had an opportunity to tour the neighborhood with several residents. He explained he looked forward to the discussion and additional th information regarding the project at the December 13 Council meeting. 24 Council Member Pech stated he had heard recent discussion regarding Council members not returning calls or emails to community members. He explained he and his colleagues P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 made a concerted effort to return messages although it may not always be the same day. He stated communication with the community was a high priority. Mr. Rohloff stated City staff would provide Council with the report on Bay Shore Drive in the near future to allow them time to review the information and ask questions. Mayor Cummings questioned what the different colored flag markers mean. Council Member Herman stated they represent different utilities and there was a description of each flag on the Wisconsin Public Service website. Mr. Rabe stated there was a brochure for Digger’s Hotline that described the different flags on the Oshkosh Public Work’s page of the City website. C ITIZEN S TATEMENTS TO C OUNCIL Patricia Diener, 1316 Broad Street, stated she was grateful for the body cameras worn by the police officers in Oshkosh. She explained she believed they would benefit both law enforcement and the public. C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS Council Member Herman stated he wanted to recognize Chad Dallman, Assistant Director of Parks, who was selected as the 2016 Wisconsin Park and Recreation Association professional of the year. He explained it was important to recognize City employees that went over and above their day to day responsibilities. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS Mr. Rohloff stated the third quarter 2016 financial statement provided by Ms. Larson detailed much of the same information that had been presented during discussion of the City budget. He explained there were concerns regarding ambulance revenues and because the fees were down the projected revenue for 2017 was lowered. He stated police 25 overtime was a concern and was being tracked. He introduced the North Park neighborhood association located north of Snell Road and east of Jackson Street. He stated it was the City’s newest neighborhood association. He explained anyone within P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 the community interested in organizing a neighborhood group should contact the planning services division. Council Member Palmeri stated in the checklist that was provided to groups looking to start a neighborhood association there was a statement that explained membership to the neighborhood association was open to all people living in or representing property within the neighborhood boundary. She questioned if an individual who owned property within the neighborhood had automatic voting rights. Allen Davis, Director of Community Development, stated the neighborhood associations had flexibility to create their own form of governance. He explained the neighborhoods were able to create a situation that addressed their specific needs and not all associations operated in the same way. MOTION: ADJOURN (Panske; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 8:34 p.m. PAMELA R. UBRIG CITY CLERK 26