HomeMy WebLinkAbout01-10-06 Minutes, Study CommissionMINUTES OF THE MEETING OF THE
CITY OF BOZEMAN, MONTANA
LOCAL GOVERNMENT STUDY COMMISSION
January 10, 2006
The Study Commission met in regular session in the Commission Room, Municipal Building, at 7:00 p.m.
on Tuesday, January 10, 2006. Present were Chair Loren Olsen, Marilou Turrentine, Brian Close, Bill
Hayward, and John Trull. Also present was Secretary of the Study Commission Celeste Janssen.
The meeting was called to order by Chair Loren Olsen at 7:07 pm.
Minutes
Minutes from December 6, 2005 and December 12, 2005 will be postponed until the meeting two
weeks from tonight. The meeting on the following Tuesday will be a joint meeting with the Inter
Neighborhood Council (INC.)
Public comment
There was no public to give comment.
Subcommittee report on INC meeting
John Trull and Loren Olsen met with Tracy Oulman and they decided on a good format for the
upcoming meeting. Each item will be discussed with INC and the Study Commission. INC will have
two representatives per neighborhood. The public will be asked for comments after every topic. The
general theme will be the charter in respect to neighborhood groups and INC. They will provide the
language they will like to see in the charter.
Celeste Janssen and John Trull reported that they attended the INC Holiday Party on December 15tn
and had a nice time.
Loren Olsen said that the Study Commission should listen to INC, similar to citizen panels, and then
afterwards decide what language to put in the charter, or language that simply reads "neighborhood
councils and criteria will be adopted by ordinance." Loren Olsen said he believes that grandfathered
neighborhood groups should be brought into compliance with the five criteria as soon as possible.
All Study Commissioners expressed a desire to not write neighborhood rules in the charter. John Trull
agreed to forward on a list of topics to the rest of the Study Commission. Marilou Turrentine asked
about facilitation, and Loren Olsen said that he would facilitate, but he would appreciate help from the
rest of the Study Commission. Brian Close wasn't sure that the public should have their time limited to
three minutes, because then the public would be "second-class citizens" compared to INC
representatives.
Marilou Turrentine suggested looking at INC as an informal ward system. Brian Close said that at least
one neighborhood (the Bozeman Creek Neighborhood Association) elects members.
Future timeline
Bill Hayward pointed out that the Study Commission doesn't have meetings scheduled past January.
Brian Close said the Study Commission would soon have to make a decision about the June versus
November ballot dates.
Marilou Turrentine said that if the Study Commission legitimately wants many people to support and
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vote on the charter, the November 2006 election would be better than the primary election in June.
Loren Olsen pointed out the time commitment everyone has already made.
March 23d is 75 days before the election. Bill Hayward isn't sure that the Study Commission could
have the charter and report ready by this deadline. Ms. Turrentine asked if everyone is ready. John
Trull suggested trying for June at the very least. Brian Close said the previous Study Commission
finished early and then just put the charter out in the public eye for awhile and didn't meet. Loren
Olsen suggested having a summer schedule simply consisting of a monthly public forum on the
charter. The Study Commission schedule more dates for January and February.
The Study Commission has to complete a list of items in addition to the charter. John Trull offered to
look into the process (what kind of report, what do we need, etc.) and then report back to the group
with process.
Charter
Bill Hayward summarized the changes he made to Section V. He stayed as close the NCL charter as
possible. He checked on workable dates in regard to budgeting numbers. He looked at minimum
reserves. Section 5.04 was prepared by Anna Rosenberry. Much of 5.11(b) was removed because it
is already law, but Mr. Hayward added back parts he really liked. He added "per law" because state
law could change our fiscal year. Brian Close suggested looking at "timely manner".
Article VI
The Study Commission deleted 6.01(d), per Paul Luwe's memo.
Much of 6.01 is already law, and so the Study Commission deleted it. Beginning of term is important
because the outgoing commission could act on things in the beginning of the first January meeting,
and the incoming commission would have voted differently. The outgoing Commission still needs to
approve December minutes. Brian Close will work on this section.
6.02 deals with wards. No Study Commissioner expressed interest, and all voted to delete this section.
6.03 has already been looked at.
6.04 was turned green. Brian Close will research this section and the Study Commission will focus on
Section 6 in the next charter meeting.
Brian Close likes 7.01 a lot. He asked if anyone read the paper about the parking garage. In the
parking garage, one of the voting members voted themselves public money. That person shouldn't
have participated in the meeting. Bozeman does have a city ethics ordinance but does not enforce it.
Brian Close said "binding advisory opinions" doesn't make any sense. John Trull said he is
uncomfortable with a group of people deciding to impose ethics on someone because of Clinton's
ordeal. Mr. Trull suggested removing "on its own initiative" so that the ethics board would operate on a
complaint driven process instead of coming up with things to do. Loren Olsen, Bill Hayward, and Brian
Close agreed.
Brian Close suggested changing wording so that the actual power lies with the City Commission and
the ethics board makes recommendations. John Trull, Brian Close, Marilou Turrentine and Loren
Olsen agreed, and Mr. Close said he would work on this section. John Trull stated his preference to
have the Commission take action, but he wondered what would happen if the ethics board was
investigating the Commission. Brian Close doesn't like unelected body imposing fines. Bill Hayward
would like to know what state law is. John Trull would like Brian Close to send this section to Paul
Luwe to ask what role he would be comfortable in investigating or prosecuting ethical violations. Brian
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Close will also email the state ethics law to everyone.
7.02 Brian Close said he has no problem with this section. John Trull wondered if this section was
necessary. State law may be comprehensive. Brian Close will check state law.
Bill Hayward noted that (4) and (5) were different. He wondered how that would affect current
employees. He noted that Bozeman's elections are nonpartisan. The Study Commission wondered
about freedom of speech implications with regard to an employee supporting someone during personal
time.
7.03 Campaign fiance. Brian Close said Montana state law may preempt the section. Marilou
Turrentine noted that disclosure is already spelled out by state law. Brian Close, Marilou Turrentine,
and John Trull agreed to delete (a). Everyone agreed to turn (b) blue.
Section 8.01, 8.02, and 8.03
Brian Close will look at these sections. Bill Hayward wondered if "study commission" and "charter
commission" were two different things.
Budget
The Study Commission received the latest financial statements and briefly looked at the numbers .
New business
Dawn Smith wondered if the design review board should have publicly noticed meetings. Brian Close
said he isn't sure her statement is correct. He will forward the email to the Planning Department to
check.
Brian Close and Marilou Turrentine still need to work on PSAs for the Study Commission. Loren Olsen
also reminded the Study Commissioners about the radio show open invitation from KMMS.
Confirm date for next meeting
January 17, 2006 at 7 pm. The meeting will be a joint meeting with INC.
Adjournment at 9:27 pm
There being no further business at this time, it was moved by Brian Close, seconded by Bill Hayward, that
the meeting be adjourned. The motion carried unanimously.
LOREN OLSEN, Chair
ATTEST:
CELESTE JANSSEN, Secretary of the Study Commission
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