HomeMy WebLinkAbout01-17-06 Minutes, Study CommissionMINUTES OF THE MEETING OF THE
CITY OF BOZEMAN, MONTANA
LOCAL GOVERNMENT STUDY COMMISSION
January 17, 2006
The Study Commission met in special session in the Conference Room, Stiff Building, at 7:00 p.m. on
Tuesday, January 17, 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,
Neighborhood Coordinator Tracy Oulman, INC representatives, and members of the public.
The meeting was called to order by Chair Loren Olsen at 7:00 pm.
Public comment
There was no public comment at this time.
WRMWI
Chair of the Study Commission Loren Olsen explained the role of the Study Commission, the structure
of the meeting, and he asked for everyone to introduce themselves. Neighborhood Coordinator Tracy
Oulman said her understanding was that the Study Commission wanted INC to come up with language
for the charter. She explained that INC is proposing two articles. Article X is on Neighborhood Groups
and Article XX is on the Inter Neighborhood Council (INC). Each article has four sections: General
Purpose, Recognition, General Responsibilities, and General Responsibilities of the City.
John Gerster said Article X.01 is very basic. He and Dana Huschle explained that the purpose of the
document is to encourage grassroots neighborhoods to organize and get involved, yet not to become
just another layer of government. Natural neighborhood boundaries were important.
Brian Close would like to see what other places have done. Jane Jelinski said Great Falls, Missoula,
and Helena have their charters and neighborhood council bylaws online.
John Trull thanked everyone for the hard work put into creating the document. He asked about INC's
discussions which creating the articles. J.P. Pomnichowski said there was a strong consensus for
most things. One issue was how to keep charter language open enough to last at least ten years and
not include detailed information about groups formation and recognition. INC pulled out the details that
they felt could change via resolutions or ordinances in the future.
Loren Olsen suggested moving to X.02. He liked the "adopt an ordinance" statement and explained
that the Study Commission saw this language as a good solution. Dana Huschle said that it is his
hope and expectation that the City would adopt a group of interested and knowledgeable people to look
at the issue.
Tracy Oulman asked about timeline. Brian Close explained that legally Bozeman would have three
years to comply.
Bill Hayward asked if "review" by the City caused any debate. J.P. Pomnichowski said Commissioner
Kirkoff brought up this point. INC doesn't want to be the City's advisory board (similar to the planning
board). This purpose of this goal is to give INC validity by the City, but INC wasn't sure how to best
accomplish that. John Gerster said the criteria is just the framework, and neighborhoods can go
beyond the five minimums. Tracy Oulman added that the Study Commission challenged INC to have
more credibility with more accountability. Another point of view is that if the City is employing a
neighborhood coordinator, there is a certain amount of necessary review. The details could best be
Page 1 of 4
provided by ordinance
Jane Jelinski spoke in support of X.04(c), which would give a bit of financial assistance. She noted
that if the City is giving funds, they can't be bound to a group of people that are special interest. Tracy
Oulman has a small budget which she spends on fliers, copies, one newsletter per year per
neighborhood, and room rentals. She spends it on established neighborhoods as well as groups that
are trying to become established.
Loren Olsen asked if the City of Bozeman could "decertify" a neighborhood group if the City discovers
that a neighborhood isn't complying. John Gerster said yes. Brian Close suggested changing
"recognition" to "certification." J.P. Pomnichowski said recognition requirements are required for a
neighborhood itself. Brian Close said that he appreciates INC wanting some independence, but on the
other hand, they have a city employee and financial assistance. Dana Huschle said he prefers
"recognition" because more grass -roots. The word certification changes the meaning. Brian Close
said he wants a clear explanation of what happens if you aren't in compliance.
John Gerster said that everyone in INC is a part of a group of people that have a vision of a
neighborhood group. How can they transition into long term organizations? Everyone needs to know
what will happen if groups stray, and it will keep the vision the same.
John Trull asked how group representatives are elected. J.P. Pomnichowski explained that it varies
between neighborhood groups and their bylaws. Jane Jelinski said that some cities have
neighborhood representatives elected on city ballots. She thinks this election gives stature to the
officers.
Brian Close said his concern is open government. If you are going to get public funding, you must
comply with the open meetings act. J.P. Pomnichowski said they took the Chamber of Commerce as
an example. The Chamber does not have open meetings.
Frank Munshower said that he disagrees with some things that have been said. Neighborhoods aren't
arms of the City, they aren't certified, and they aren't approved. He said that money is only for
formation, not for operations. He doesn't want to feel controlled, but he does want to give advice when
necessary.
Loren Olsen mentioned that he does not like the idea of grandfathering benefits to certain
neighborhoods. He thinks that there should be a date set where all older neighborhoods must be in
compliance. He said that might help with some legitimacy issues.
Five criteria that INC suggested were: defined boundaries, inclusion of all residents, election of
officers, means of communication to all residents, at least one public meeting per year. John Gerster
said neighborhoods have strong self identity, and that plays into how they organize themselves (by
street, by block, at large, etc.)
Brian Close suggested "review" becoming a separate section, changing sentence structure, etc. J.P.
Pomnichowski said she would like to revisit this section before it goes in the charter.
Loren Olsen asked for public input but there was none at this time.
X.03(a) Brian Close said that some of this is ordinance language. Bill Hayward asked what groups
would lose without this section. J.P. Pomnichowski said she hopes the city puts forth a vision
statement for the City, and therefore this is what INC did as well. Tracy Oulman said that coming from
a City staff position, a general vision is key to understanding how everything moves forward.
Page 2 of 4
Brian Close pointed out that section X.03(g) is creating a legal right so that someone could sue. This
possibility has to be considered for any of these sections. Is the City responsible if there is something
in the Charter and a neighborhood group doesn't comply?
Brian Close said his suggestion is to look at what strikes people as important, and making them into
goals in X.01. Dana Huschle said that he is okay with that.
X.03(e) Brian Close pointed out that "Democratic process" implies an election. He also suggested
putting in the word "representative" for clarification. Dana Huschle said that his neighborhood
understands that the leadership does not represent the neighborhood, but rather encourages the
neighborhood to speak to the Commissioners about concerns.
Deb Stober said that for credibility's sake, can a neighborhood advocate on an issue without taking a
full vote? Does each group feel comfortable with different standards? John Gerster said that with
many issues, calling a neighborhood vote on several times is logistically impossible. Mr. Gerster's
neighborhood forms task groups while Mr. Huschle's group doesn't ever represent a side of an issue.
John Trull said is that how groups operate should be clear to every Bozeman citizen, so that people
can assess a group's credibility. He wondered if each group's bylaws could be posted online.
X.04 deals with responsibilities of the City of Bozeman towards Neighborhood Groups. Frank
Munshower said that this section is important and not yet happening. John Gerster said it is a
challenge to get information from the City and also to find information in the Chronicle. Brian Close
explained that the Study Commission's report can be used to make non -charter recommendations, and
some communication issues might best go in the report. Tracy Oulman mentioned a matrix (if situation
is X, it requires this type of communication.)
Chair Olsen asked for public comment. Jane Jelinski said that X.04(b) requires the City to maintain a
staff position, and she likes this idea. Dawn Smith's asked if the document's details should be more
detailed and serve a different purpose. The charter could state the existence, the general purpose,
and then refer to an ordinance for specifics.
X.04(c) John Trull asked if funding was based on size or prorated. INC was not sure
Article XX
XX.01 Brian Close suggested incorporating some parts of this section into Article X.
XX.02 Brian Close asked about resolutions, ordinances, and legal status. Mr. Close said that if the
group were autonomous, then no one could enforce bylaws. J.P. Pomnichowski said INC does not
want to be formal board, like the Design Review Committee. Deb Stober pointed out that there is a
commission liaison appointed to INC.
John Trull reiterated that he really likes the document and appreciated the hard work done. He said he
is going to advocate that the document gets incorporated into the charter.
XX.03 Brian Close suggested reviewing this section similar to above. Loren Olsen suggested adding
"good will, and improved communications" into (e). Jane Jelinski said goodwill implies agreement, and
she thinks that it is inappropriate due to some controversial issues, civility is a better word.
Tracy Oulman said that a lengthy discussion occurred regarding the removal of language stating: "The
INC shall not take a position in support or opposition to any political candidate, party or ballot
measure." Some individuals and neighborhoods believe that INC should not take stances on some
issues, and others disagree. J.P. Pomnichowski said that if INC is an advocate, they might want to get
Page 3 of 4
behind a measure, etc. She doesn't want to limit free speech, and she doesn't expect INC to ever
endorse a candidate.
XX.04 is similar to other sections.
Bill Hayward said that he is not pleased with "reasonable financial assistance" and has many questions
because of the seriousness of the issue. If there is money, audits are necessary. INC explained that
they didn't see many examples in this area and thought the City of Bozeman should develop a
procedure for money. They would like money and resources to communicate.
Deb Stober also said that her group needs to pay for room rentals and need to pay for insurance or use
the City's insurance for renting rooms at the High School. INC would like help on how to get specific
without being controlling when it comes to finances.
New business
Brian Close suggested that he and Loren Olsen should form a sub -committee and arrange a future
meeting with JP Pomnichowski, Tracy Oulman, and other interested INC members/future members.
Confirm date for next meeting
January 24, 2006 at 7 pm in the Conference Room of the Municipal Building.
Adjournment at 9:00 pm
There being no further business at this time, it was moved by John Trull, seconded by Brian Close, that the
meeting be adjourned. The motion carried unanimously.
LOREN OLSEN, Chair
UNaI2 NM
CELESTE JANSSEN, Secretary of the Study Commission
Page 4 of 4