Loading...
HomeMy WebLinkAbout09-20-05 Minutes, Study CommissionMINUTES OF THE MEETING OF THE CITY OF BOZEMAN, MONTANA LOCAL GOVERNMENT STUDY COMMISSION September 20, 2005 The Study Commission met in regular session in the Conference Room of the Municipal Building at 7:00 p.m. on Tuesday, September 20, 2005. Present were Chair Loren Olsen, Brian Close, John Trull and Marilou Turrentine. Also present was Secretary of the Study Commission Celeste Janssen. Bill Hayward was absent. The meeting was called to order by Chair Loren Olsen at 7:03 pm. Minutes — September 13, 2005 Marilou Turrentine motioned to approve the minutes September 13th. The motion was seconded by John Trull, and unanimously approved. Public comment No public was present to give comment Charter discussions The Study Commission began editing the NCL Model City Charter, using a color -coded system. Blue represents a finished section, green needs to be looked at further, and red is the track -changes tool. Brian Close stated that he believes the Study Commission should present the public with both the charter and also a document with side -notes to denote why we made changes from the NCL Model City Charter. Preamble. Brian Close asked to have preamble suggestions submitted in writing. John Trull would like the preamble to include the phrase "In accordance with Montana State Constitution, we will protect the right to a clean and healthful environment." (Article 2, Section 3 of the Montana State Constitution). Brian Close said that a clean and healthful environment is already a guaranteed right, and he thinks the phrase will hurt the charter. He is open to a more flowery preamble. John Trull motioned to include the phrase in the preamble. Loren Olsen seconded the motion and would like to have more discussion on the issue. John Trull decided to work on language, and so withdrew his motion until the next meeting. Article I. Section 1.01. Marilou Turrentine pointed out that Ken Weaver's version is simpler. Loren Olsen stated that he is okay with the NCL charger because it is no different than current city practice, and he would like to stick with the NCL Charter when ever possible. John Trull preferred Ken Weaver's version because it is simpler. Section 1.02. Brian Close would like to add Ken Weaver's language into Section 1.02 in a separate paragraph. John Trull thought the second paragraph might be redundant because the wording was already in the Montana State Constitution (which he then read aloud). Brian Close disagreed. Section 1.03. Brian Close would not like any changes. John Trull asked removing this section would have an affect on how Bozeman operates. Brian Close answered that Bozeman already has this power, but the NCL thinks that it is important enough to be there. John Trull said that he believes the charter should be a shorter document, and therefore he does not think that the Study Commission should include articles or sections that simply reiterate current law. Loren Olsen wondered if removing this section would wave a red flag to anyone. Article 2. Section 2.01. Section 2.01 is our current practice. Section 2.02. Brian Close noted that this section is standard. John Trull stated that this section is already in the Montana State Constitution, and again would prefer to leave the section out. Brian Close said that it should be kept in because the Study Commission agreed to use the NCL Charter as a model. Brian Close left the meeting. Marilou Turrentine said that she believes there is merit in following along with the Model City Charter. 2.02 (b) was highlighted green because it references a later point. 2.02 (c) regards the number of City Commissioners, and because Brian Close wants to discuss this issue, the issue was highlighted green. The Study Commission had a brief discussion about number of commissioners, and John Trull explained three reasons to have five City Commissioners, not seven. Loren Olsen stated that there was merit to both sides. Marilou Turrentine would just as well keep the number to five, and questions if anyone in Bozeman would really want to have seven commissioners. Loren Olsen believes that this would make an excellent sub -option for the voters to decide. If he had to vote, he would stay with five Commissioners. John Trull showed the Study Commission a document with every town in Montana and the number of Commissioners. There is a correlation between seven Commissioners and wards, and virtually all Manager -style governments have five Commissioners. John Trull noted that both Ken Weaver and Jane Jelinski believe that sub -options could negatively affect the passage of the charter. Marilou Turrentine noted that in the end of this section, Ken Weaver wrote added additional language about property tax and mill levies. Brian Close added additional language, such as eminent domain. Loren Olsen would prefer to look at this later. John Trull relayed strong feeling about staying away from this section, but would be in favor of adding language to say the City cannot make non -essential purchases (over a certain amount of money) without public approval. He also wanted to insure the Charter wouldn't obstruct necessary emergency work on city infrastructure in an emergency situation. Section 2.03. Mayor. John Trull wanted to strike "appoint with advice", because if it is removed, the Bozeman Charter would be consistent with Montana law. He liked Ken Weaver's language, because it is more consistent with Bozeman's practices. The Study Commission temporarily ignored the section on elections and voting. Section 2.04. Compensation and Expenses. The Study Commission added "actual and ordinary" as described by Bill Hayward in a previous meeting. Section 2.05. John Trull stated that although he doesn't like this section, he would leave it in to because it is in the NCL Charter. The Study Commission noted that clarification was needed regarding being a city employee and running for office. Loren Olsen said that if the Study Commission were going to strike a section, he would be okay with this. He noted that at one point some people on the Study Commission were interested in a creating a Board of Ethics. John Trull wouldn't want to create a Board of Ethics without detailed guidelines. Section (c) All the Study Commissioners voiced approval of this section. Section 2.06. Vacancies. The Study Commission replaced "moral turpitude" with "felony." (c) filling of vacancies. John Trull does not like the fiscal impact of holding a special election. Marilou Turrentine noted the difference in the number of days. John Trull and Marilou Turrentine prefer Ken Weaver's charter in this section, but note that it must be reworded. John Trull also stated that he likes Brian's edits to the document, other than the numbers four and seven. Loren Olsen said Brian Close's version most closely matches Bozeman. Mr. Trull will try to reword Ken's section, and Marilou suggested that he also talk to Mr. Weaver. 2.07 Judge of Qualifications. John Trull would like to take this section out, and he is very uncomfortable with the City Commission acting as a ruling body and subpoenaing witnesses. Loren Olsen and Marilou Turrentine also expressed unease, but would like to have more information on this subject. 2.08 City Clerk. The Study Commission spoke about Robin Sullivan's position and who she reported to. John Trull stated that he prefers Brian Close's version. 2.09 Investigations. Marilou Turrentine noted that Ken Weaver does not include this section. John Trull very much does not like the idea of giving the City Commission the power to conduct investigations. Marilou Turrentine wondered about the legal necessity of this section. Loren Olsen asked: is this the way we operate in Bozeman now, and if not, is it better? John Trull reminded the group that if this section was left out, Bozeman would still have every power not illegal under State or Federal law. 2.10 Independent Audit. John Trull stated that he likes the idea of an independent audit. Marilou Turrentine pointed out that an Independent Audit will be in Section 5. 2.11. John Trull questioned Brian Close's version on agenda. Loren Olsen stated that he doesn't feel knowledgeable on this subject. Marilou liked using General Procedure. All three Study Commission present would like to use parts of the NCL Charter, Brian's Charter, and Ken's Charter in this section. Subcommittee Resorts Citizen Panel Topics Bill Hayward and Marilou Turrentine met once more and have nothing to report at the moment. Choice voting John Trull and Brian Close met last week. Schedule Upcoming months — Celeste Janssen showed the Study Commission the new Study Commission calendar. Facilitator James Madden, the facilitator, cannot meet on October 11th. Loren Olsen suggested meeting with facilitator on Friday afternoon, after the meeting with the Russian visitors. Marilou Turrentine stated preference for meeting Monday or Wednesday. New business The Montana Center for International Visitors will plan a meeting with the Study Commission on October 7th at noon (brown bag lunch format) or at approximately 3:30 pm. Confirming date for next meeting October 4, 2005, upstairs in Conference Room at 7:00 p.m. Adjournment - 10:00 p.m. There being no further business at this time, it was moved by Marilou Turrentine, seconded by John Trull, that the meeting be adjourned. The motion carried unanimously. LOREN OLSEN, Chair ,C721LTG\V21911 'ii CELESTE JANSSEN, Secretary of the Study Commission