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Board approves playground projects after waiving bidding rule; members dispute using Fund 80 for costs
Summary
The school board approved a waiver of purchasing policy to accept a single playground bid and authorized playground projects at Lakeside and Jefferson using community-services (Fund 80) funding. Members debated legal and equity implications of charging Fund 80 versus Fund 10/referendum funding and the lack of multiple bids.
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The Oshkosh Area School District board voted to waive board purchasing policy 63-20 and approved playground contracts for Jefferson and Lakeside elementary schools after staff recommended a waiver because only one vendor submitted bids.
Mister Neehan, district staff, told the board that the district sought multiple playground vendors but received a single responsive bid; one vendor was fully booked and several vendors did not submit proposals. He described a planned change to the procurement approach—moving from selecting detailed equipment and then soliciting bids to an early “design-bid” process that asks vendors to propose options and prices up front.
Board member Doctor Hess questioned the waiver and the single-bid process, saying, “when we spend that amount, I think the community wants to know that we are getting the best bang for our buck. And having only a single bidder, I take issue with that.” Several other board members echoed concerns about competitive bidding; some said policy waivers are appropriate where suppliers are limited.
A central point of debate was the funding source. Administration said the projects would be paid from Fund 80 (community services fund); Doctor Hess warned that using Fund 80 instead of debt/referendum funding reduces the additional state aid that would otherwise follow a debt transaction and could look like skirting revenue limits. He said the district’s past messaging about referendum tax impact complicated trust.
Mister Nijans and district auditors said they discussed the plan with the Wisconsin Department of Public Instruction and the district’s auditors and were assured the spending approach is allowable under PI 80 guidance if playgrounds remain publicly accessible and unlocked. Doctor Ford supported the approach as an accepted debt-management and funding strategy; Doctor Hess opposed the allocation decision.
Board debate also covered equity: some members argued that using district or Fund 80 money helps equalize playground quality across neighborhoods that have differing PTO fundraising capacity. Missus Smeltnick said the playgrounds “are for the community and are, very well used by the community” and supported moving ahead to install playgrounds this summer.
Formal actions taken: the board approved the waiver of policy 63-20 and separately approved the playground bids for Lakeside and Jefferson; both resolutions carried after roll-call votes. Administration reported that the next playgrounds will use the design-bid approach to encourage more competition.
Background and next steps: Facilities & Finance recommended the projects after an assessment identified Jefferson and Lakeside as highest-need playgrounds. Air-quality testing and phased replacement plans were discussed for other capital projects in the committee report. The board requested additional, higher-level reporting on Fund 80 spending to Facilities & Finance.

