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HomeMy WebLinkAbout21-256 - Face Mask Ordinance MAY 25, 2021 21-256 ORDINANCE FIRST READING (CARRIED 6-1 LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND RULES PERTAINING TO COUNCIL, BOARD AND COMMISSION MEETINGS IN RESPONSE TO COVID-19 CORONAVIRUS EMERGENCY: TO ELIMINATE FACE COVERING REQUIREMENTS INITIATED BY: CITY ADMINISTRATION Whereas, the Common Council by Ordinance 21-221 adopted on March 9, 2021 adopted a city requirement for face coverings; and Whereas, the Common Council for the City of Oshkosh amended its rules pertaining to Council, Board and Commission Meetings by Ordinance 21-252 on May 11, 2021 to prevent exposure to and spread of the COVID-19 coronavirus and included face covering requirements for attendance at meetings under those rules; and Whereas, the Center for Disease Control and Prevention (CDC) modified recommendations in relation to face coverings on May 13, 2021; and Whereas, the Common Council by Ordinance 21-254 adopted on May 14, 2021 terminated the city requirement for face coverings; and Whereas, the Common Council desires to implement certain amendments to its rules pertaining to Council, Board and Commission Meetings to eliminate face covering requirements for attendance at Council, Board and Commission Meetings. Now, Therefore, the Common Council of the City of Oshkosh do ordain as follows: Notwithstanding any provision contained within the City of Oshkosh Municipal Code, General Council Rules or Oshkosh Board and Commission General Rules of Order the Council adopts the following rules and procedures: MAY 25, 2021 21-256 ORDINANCE FIRST READING CONT'D Council Meetings: Council will meet in person in the Council Chambers. Persons present within the Council Chamber will comply with the current social distancing recommendations of the Winnebago County Health Department. Persons who are unable to appear or uncomfortable appearing in person at Council Meetings may appear remotely as provided in the Section governing Remote Meetings and Appearances below or provide written comments. Written comments for Council meetings may also be sent via mail addressed to the City Manager, placed in the City Hall dropbox, or sent by email prior to the Council Meeting to council@cl.oshkosh.wi.us. Persons requiring other reasonable accommodations as an alternative to any method identified on meeting agendas, may contact the office of the City Manager in regard to participation in the Council meeting at citymgr@ci.oshkosh.wi.us, or by phone 920-236-5002. Board and Commission Meetings: Boards and Commissions may determine by majority vote of those present and voting at any Board or Commission meeting, whether to conduct meetings in person or remotely. Due to logistical limitations in room assignments, technology and staffing, Boards and Commissions must conduct meetings either entirely in person or entirely by remote means (no "hybrid" meetings). In Person Board and Commission Meetings Persons present within Board and Commission Meetings will comply with the current social distancing recommendations of the Winnebago County Health Department. Persons are also encouraged as an alternative to appearance in person to 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 MAY 25, 2021 21-256 ORDINANCE FIRST READING CONT'D Written comments will be distributed to the Council/Board/Commission and made part of the public record of the meeting. Persons requiring reasonable accommodations to these rules may contact the staff liaison for the Board or Commission who shall work with the individual to provide appropriate accommodation as necessary. Renzote Meetings of Boards and Commissions Boards and Commissions may, as provided above, choose to conduct meetings solely by remote means. If a Board or Commission chooses to conduct meetings by remote means, then meetings shall be conducted as provided in the Section governing Remote Meetings and Appearances below. Remote Meetings and Appearances "Remote Means or Remote Participation" shall mean participation by a member of a public body or by a member of the public in a meeting of that public body, where the member is not physically present at a designated meeting location. Remote Participation includes by members of the public body or by the public 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. 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. Staff shall work with members of the Council, Boards and Commissions to facilitate appearance by Remote Means as required or permitted by these rules consistent with the following: MAY 25, 2021 21-256 ORDINANCE FIRST READING CONT'D 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 wishing to participate 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 Council, or 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 on agenda items either in person or by Remote Means for Council meetings must sign up to speak through the City's website or the Connect Oshkosh App and if participating remotely must participate through the City's meeting link as published on the meeting agenda. 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 Chair or appropriate staff person 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 Mayor or Presiding Member or their designee. If a connection is terminated and this causes the loss of a quorum, the meeting MAY 25, 2021 21-256 ORDINANCE FIRST READING CONT'D shall be adjourned and rescheduled to another date to permit consideration by a quorum. o All votes shall require a roll call vote —no "all in favor" o If meetings are conducted in person only, persons unable to comply with the Face Covering and/or social distancing requirements of these rules will be accommodated when reasonable. If accommodation through Remote Means is not reasonably possible, persons shall be informed as soon as practicable and provided with the opportunity to participate in person or through email or written correspondence. When practicable, public meetings will be made available live 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. 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; the City Manager may require remote participation in public meetings of the Council,Boards and Commissions in accordance with the rules set forth below for remote participation. All provisions of the City Ordinances, General Council Rules and Commission General Rules of Order not specifically altered by these temporary rules shall remain in effect. This ordinance shall take effect immediately and shall remain in effect until altered or repealed by the Common Council. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #20-252 AMEND RULES PERTAINING TO COUNCIL, BOARD AND COMMISSION MEETINGS IN RESPONSE TO COVID-19 CORONAVIRUS EMERGENCY: TO ELIMINATE FACE COVERING REQUIREMENTS on May 25,2021. The ordinance modifies ordinances and council,board and commission rules to eliminate the requirement to wear a face covering at meetings but to continue to provide for social distancing at meetings as may be recommended by the Winnebago County Health Department. The ordinance includes options and requirements for remote participation and provides a means for requesting reasonable accommodation if necessary. MAY 25, 2021 21-256 ORDINANCE FIRST READING CONT'D The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. Oshkosh TO: Mayor and Members of the Council FROM: Mark A. Rohloff, City Manager DATE: May 18, 2021 RE: Amend Rules Pertaining to Council, Board and Commission Meetings in Response to COVID-19 Coronavirus Emergency: to Eliminate Face Covering Requirements BACKGROUND The Council by Ordinance 21-221 adopted on March 9, 2021 adopted a city requirement for face coverings which went into effect when the statewide face covering mandate was struck down by the Wisconsin Supreme Court. The Council the amended its temporary rules pertaining to Council, Board and Commission Meetings during the COVID-19 coronavirus emergency by Ordinance 21-252 on May 11, 2021 to return to in-person Council meetings and to allow Boards and Commissions to return to in-person meetings if they so chose and included face covering requirements for attendance at in—person meetings under those rules. On May 13, 2021, the Center for Disease Control and Prevention (CDC) modified recommendations eliminating the requirement for those persons who have completed receiving vaccinations to wear face coverings; and on May 14, 2021 the Council by Ordinance 21-254 terminated the city requirement for face coverings. Termination of the face covering ordinance did not specifically terminate the provisions for face covering in the Council Rules which were adopted under a separate ordinance. ANALYSIS Based upon the recommendation of the CDC and the action of the Council eliminating the city's face covering requirement, staff has prepared an amendment to the Council rules to eliminate the requirements for face coverings at Council,Board and Commission Hearings consistent with Council's action eliminating the city face covering requirement. City Hall,215 Church Avenue P.O. Box 1 130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us There are also several minor clarifications including changing the email address for council communications bz the new address. A^ clean and tracked changes version ofthc proposed ordinance revisions are attached for comparison. i o parann. The ordinance carries forward current rules requiring in-person attendance by Council members andrequiring Boards and Commissions to determine whether��} wi|l meet in an in-personl| hc ora remote manner. Because this is an ordinance, itvvnoldnnrozal}rr�require t readings, ]� Council, '/ �o � vvnrea �a, however, onnc may waive the rules and adoptthe urcioaoccon first reading if it so In this case, b ccauec the requirement will relax requirements and because adelay would appear to serve no immediate need and oz confusion i�� e�z immediate termination �t�� � bz �� cause co y nnvvo ace covar g requirement �cocral| for public places in the city, staff recommends waiving the rules and adopting�h ordinance ofira�r reading. p �� co ao �a g. FISCAL IMPACT There is no anticipated fiscalimpact associated withthis ordinance update .RECOMMENDATION Staff r�cnoocndawaiving the rules and adoption oftheordinanceaa proposed. MAY 4425, 2021 21-252xxx ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN—) PURPOSE: AMEND RULES PERTAINING TO COUNCIL, BOARD AND COMMISSION MEETINGS IN RESPONSE TO COVID-19 CORONAVIRUS EMERGENCY: TO PROVIDE FOR COUNCIL TO MEET IN PERSON BOARDS AND COMMISSIONS TO MEET IN PERSON OR THROUGH REMOTE MEANS; AND TO SET FORT14 RULES FOR REMOTE PARTICIPATION AT MEETINGSELIMINATE FACE COVERING REQUIREMENTS INITIATED BY: CITY ADMINISTRATION Whereas, the Common Council by Ordinance 21-221 adopted on March 9, 2021 adopted a city requirement for face coverings; and Whereas, the Common Council for the City of Oshkosh amended its rules pertaining to Council, Board and Commission Meetings by Ofdinanee 20 104 on Mafne& 24, 2020; Ordinance 20 185 on ,April 28, 2020; Ordinance 20 340 on August 12, 2020 and Of-diRaREe 20 442 on October 43—, 2-0200rdinance 21-252 on May 11, 2021 to prevent exposure to and spread of the COVID-19 coronavirus and included face covering requirements for attendance at meetings under those rides; and Whereas, the Center for Disease Control and Prevention (CDC) modified recommendations in relation to face coverings on May 13, 2021; and Whereas, the Common Council by Ordinance 21-254 adopted on Mqy-14, 2021 terminated the city requirement for face coverings; and Whereas, the Common Council afte- fuFther- Fevieev.- desires to implement certain amendments to its rules pertaining to Council, Board and Commission Meetingsthe-&e futes, to allevv for in person and -remete partieipation at Couneil meetings and _f I and Commissions as pfovided by these afnen - liminate face covering, requirements for attendance at Council, Board and Commission Meetings. MAY 4425, 2021 21- xxx ORDINANCE FIRST READING CONT'D Now, Therefore, the Common Council of the City of Oshkosh do ordain as follows: Notwithstanding any provision contained within the City of Oshkosh Municipal Code, General Council Rules or Oshkosh Board and Commission General Rules of Order the Council adopts the following rules and procedures: Council Meetings: Council will meet in person in the Council Chambers. ted to attend 'Coimeil r L Covering"'�^ r T� c this OfElififfince means a masks,manufactured or homemade covering of cloth or other materi-al. 4.1-4. --- of one's hands. Face Coverings shall be seeiiFedivith. c"af 4�_­ 4-- prevenlE shipping; fanning op of gaps in coverage. Face - - --, provide- - - - - -J are worn- -- - - -- - ✓ - - - -- r --- ✓ .... secure!-- the ✓ -- - - - r s nose and mouth. Face Gov e F JA n g A--- Persons present within the Council Chamber will comply with the current social distancing rents and recommendations o the r"" 4C aad Winnebago County Health Department. Persons who are . 4 A;"- nE.;Rg matt of na le to appear or uncomfortable appearing in person at Council Meetings may appear remotely as provided in the Section governing Remote Meetings and Appearances below or provide written comments. Written comments for Council meetings may also be sent via mail addressed to the City Manager, placed in the City Hall dropbox, or sent by email prior to the Council Meeting to council@ci.osos . i. s Persons requiring other reasonable accommodations as an alternative to any method identified on meeting agendas, may contact the office of the City Manager in regard to participation in the Council meeting at citymgr@ci.oshkosh.wi.us, or by phone 920-236-5002. MAN1425, 2021 21-252xxx ORDINANCE FIRST READING CONT'D Board and Commission Meetings: Boards and Commissions may determine by majority vote of those present and voting at any Board or Commission meeting, whether to conduct meetings in person or remotely. Due to logistical limitations in room assignments, technology and staffing, Boards and Commissions must conduct meetings either entirely in person or entirely by remote means (no "hybrid" meetings). 1n Person Board and Commission Meetings ermitted to a-Iftel-Ld Board and Commission Meetings in -s a Face Covering. rrFace rr Nvear means a manufactured of homemade covering of cloth of other material that ee+RplaW covers a as used in this ordinance one'ss nose and mouth and that is secure and remains affixed in place without the use of so as to prevent slit-1-4— ring up or r overings -- are not lifnited r bandanas,medical s cloth s dimsposal,le or paper r scarves, the r s nose and vaeoth. Face Covering does not include friesh coverings or exhalation valves/vent. bs with holes, . Persons present within Board and Commission Meetings will comply with the current social distancing rx4juirements ?recommendations as re of the CDC and Winnebago County Health Department. Persons are also encouraged as an alternative to appearance in person to submit written comments. Written comments for r,,,,nei 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 Council/Board/Commission and made part of the public record of the meeting. Persons requiring reasonable accommodations to these rules may contact the staff liaison for the Board or Commission who shall work with the individual to provide appropriate accommodation as necessary. MAY 4425, 2021 21- xxx ORDINANCE FIRST READING CONT'D Remote Meetivs of Boards and Commissions Boards and Commissions may, as provided above, choose to conduct meetings solely by remote means. If a Board or Commission chooses to conduct meetings by remote means, then meetings shall be conducted as provided in the Section governing Remote Meetings and Appearances below. Remote Meetings and Appearances "Remote Means or Remote Participation" shall mean participation by a member of a public body or by a member of the public in a meeting of that public body, where the member is not physically present at a designated meeting location. Remote Participation includes by members of the public body or by the public 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. 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. Staff shall work with members of the Council, Boards and Commissions to facilitate appearance by Remote Means as required or permitted by these rules 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 wishing to participate 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. MAY 25 2021 21- xxx ORDINANCE FIRST READING CONT'D 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 Council, or 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 on agenda items either in person or by Remote Means for Council meetings must sign up to speak through the City's website or the Connect Oshkosh App and if participating remotely must participate through the City's meeting link as published on the meeting agenda. 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 Chair or appropriate staff person 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 Mayor or 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 All votes shall require a roll call vote —no "all in favor" o If meetings are conducted in person only, persons unable to comply with the Face Covering and/or social distancing requirements of these rules will be accommodated when reasonable. If accommodation through Remote Means is not reasonably possible, persons shall be informed as soon as practicable and provided with the opportunity to participate in person or through email or written correspondence. MAY 4425, 2021 21- xxx ORDINANCE FIRST READING CONT'D When practicable, public meetings will be made available live 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. 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;the City Manager may require remote participation in public meetings of the Council,Boards and Commissions in accordance with the rules set forth below for remote participation. All provisions of the City Ordinances, General Council Rules and Commission General Rules of Order not specifically altered by these temporary rules shall remain in effect. This ordinance shall take effect immediately and shall remain in effect until altered or repealed by the Common Council. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #20-252 AMEND RULES PERTAINING TO COUNCIL, BOARD AND COMMISSION MEETINGS IN RESPONSE TO COVID-19 CORONAVIRUS EMERGENCY: TO ELIMINATE FACE COVERING REQUIRE ENTSnn yr Pnr1 rnr�r r rr Prn MEET IX. T DUD CO T Br-)ADnC Br-)AD ANT on May 4425, 2021. The ordinance modifies ordinances and council,board and commission rules to I1ire rloufKA ter- .gs Nvil be require to weareliminate the requirement to wear a face covering at meetings but to continue to provide for social distancing at eetings as mav be recommended by the Winnebago County Health Department. The ordinance includes options and requirements for remote participation and provides a means for requesting reasonable accommodation if necessary. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011.