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HomeMy WebLinkAbout05-02-06 Minutes, Study CommissionMINUTES OF THE MEETING OF THE CITY OF BOZEMAN, MONTANA LOCAL GOVERNMENT STUDY COMMISSION May 2, 2006 The Study Commission met in special session in the Conference Room, Municipal Building, at 7:00 p.m. on Tuesday, May 2, 2006. Present were Chair Loren Olsen, Brian Close, Marilou Turrentine, and Harold Fryslie. Bill Hayward was excused. Also present was Secretary of the Study Commission Celeste Janssen. Robin Sullivan, acting Secretary for the Study Commission, and John Trull, member of the public, were present later in the meeting. The meeting was called to order by Chair Loren Olsen at 7:04 pm. Minutes Brian Close moved to approve the April 13th minutes as amended. Marilou Turrentine seconded, and the motion passed unanimously. Marilou Turrentine moved to approve the minutes from April 25th as amended. Brian Close seconded, and the motion passed unanimously. Public comment There was no public comment at the time. Budget Report Loren Olsen wasn't able to obtain a budget report for this month. The only expenditures since last month are the survey of approximately $2,500 and Celeste Janssen's time. Public Hearings and Meeting with City Commission The Study Commission cannot schedule either the City Commission Room or the meeting room of the Gallatin County Courthouse on June 6th. The Study Commission discussed all options. It is not necessary to have a public hearingy on the date the report is issued. The Study Commission decided to have a regular meeting on June 6t . They will announce that they have sent a tentative report to County Clerk & Recorder, Shelley Vance. Brian Close moved to accept the said changes to the timeline, and Marilou Turrentine seconded the motion. The motion passed unanimously. The public hearings on June 20 and July 18th will be held in the meeting room of the Gallatin County Courthouse. Celeste confirmed that these rooms were reserved. There will also be a meeting with the City Commission on June 12th. The purpose will be to get more input form the City Commission, and make sure the City Commission supports the charter. Brian Close said that if the City Commission urges a change in the charter, it is okay to change the charter and tentative report anytime before the public hearing process is finished. Marilou Turrentine wants the City Commission to receive the Charter with as much time in advance as possible. She would like a copy sent to them after the May 16th meeting. Harold Fryslie would like to receive their comments as early as possible. Draft Charter The Study Commission discussed Paul Luwe's memo on Prohibitions. Brian Close moved, and Harold Fryslie seconded, removing Section 7.02 and renumbering 7.03 as 7.02. Everyone voted for the motion. After looking at Paul Luwe's information on Ethics Boards, Brian Close would like to recommend Pagel of 3 having Bozeman's Ethics Board refer cases to the City or County Attorney as appropriate under the law, and make recommendations to the City Commission on measures to improve ethics. He also suggested having all City Board members be trained in Ethics. Bozeman currently has a City Ethics Code, and some boards, such as planning, have even stricter Ethics Codes. Marilou Turrentine is concerned about the cost of training, and suggested that the necessary people could be given a pamphlet on Bozeman's Ethics Code. Harold Fryslie said that training people in ethics is a nebulous thing to do. Mr. Fryslie suggested that in place of training, state to board members that "it is your duty to become familiar with the statutes and ordinances". Brian Close would like to ask Chris Kukulski about budgeting on ethics training. Jeff Krauss had suggested having training on ethics be a part of every board's first meeting. Loren Olsen said he likes Mr. Close's new additions. He isn't sure how much of the population will like this section or not like this section. Brian Close said government ethics is a very important issue at the current time. Marilou Turrentine asked for an alternative choice to be given. She came up with the following language: (b) Notification of Ethics. City officials, board members, and employees shall take an oath to uphold the City Ethics Code. Harold Fryslie said that when people run for office, you presume they are ethical. It would be fine to have them sign a document that swears by an Ethics Code. John Trull entered the room at 7:50 pm. He suggested having a Board of Ethics as a recommendation to the City Commission, but not putting the Board in the Charter. Harold Fryslie said he liked Mr. Trull's idea. He doesn't think the Charter is the place to set up additional boards. Brian Close said he doesn't want to leave the Board's creation up to the whim of the City Commission. If the Ethics Board is not in the Charter, he will issue a minority report. Loren Olsen will email the two Ethics Board alternatives to Chris Kukulski and Paul Luwe. Brian Close also wants him to ask if training on ethics would be a burden to the City. Robin Sullivan entered the room at 8:04 pm. The Study Commission took a short break. The Study Commission asked Paul Luwe if they could legally require the Charter to do something more than three years after it is adopted. Paul Luwe's answer was not clear, so Brian Close will e-mail him again. Brian Close said Section 2.06(c) has to be changed because the Study Commission cannot legally require the County Elections Department to hold a special election. The City Commission has 30 days to fill a vacancy. If they fail to do so, it fails to go to the next regular election (November or June.) Brian Close motioned to approve 2.06(c) as amended (He added "pursuant to State Law" and deleted the rest of the section.) Harold Fryslie seconded the motion. Loren Olsen, Harold Fryslie, and Brian Close voted for the motion. Marilou Turrentine abstained. Remaining topics that need to be decided on: 1. mayoral system and if it should be a subvote 2. five or seven City Commissioners. Therefore, the Study Commission is still considering four different possible systems: • 4 commissioners and a mayor elected with current system • 4 commissioners and a directly -elected mayor • 6 commissioners and a mayor elected with current system • 6 commissioners and a directly -elected mayor Draft Report As one of the appendices, Loren Olsen envisions a list of recommendations that didn't end up in the Page 2 of 3 charter (such as public information officer, more citizen panels, televised Commission meetings). Brian Close would like to have Robin Sullivan go through all the minutes since at least October and compile a list of these recommendations. The major topic on May 16th will be the draft report. Loren Olsen said that several people are interested in why the Study Commission hasn't addressed districts or wards. Harold Fryslie suggested saying the Study Commission has looked at wards and discarded the idea, but the local neighborhood system is a working alternative, similar to wards. Postcards to Citizen Panel participants Tracy Oulman remembered that the Study Commission promised Citizen Panel participants a postcard, thanking them and encouraging them to check out the charter. Loren Olsen will ask Ms. Oulman to draft the postcards, and then he will give her the okay to send them out. Celeste Janssen will check with Devin about updating the website and putting a copy of the charter online. New business The Local Issues Committee will meet on May 11th instead of May 18th. Brian Close and Bill Hayward will attend. David Smith wanted Loren Olsen to thank the Study Commission for thinking of the Chamber of Commerce and asking for input. Harold Fryslie won't be here at the May 16th meeting. He will be leaving on May 13th and will return on May 21st The Study Commission decided to add a tentative meeting on May 23d. Brian Close motioned, Harold Fryslie seconded, and all were in favor. George Carter would like to know how interested the Study Commission is to be on the radio. Marilou Turrentine and Harold Fryslie would prefer not to go on air, but Loren Olsen and Brian Close will go on - air to speak about the charter. Steve Swinford is slowly receiving surveys back. He will bring a final report on May 16th. If he needs to be at a public hearing, he would be available to go to the July public hearing if necessary. Confirm date for next meeting May 16, 2006 at 7 pm in the Conference Room of the Municipal Building. Adjournment at 9:06 pm There being no further business at this time, it was moved by Harold Fryslie, seconded by Marilou Turrentine, that the meeting be adjourned. The motion carried unanimously. LOREN OLSEN, Chair /_raI2NI CELESTE JANSSEN, Secretary of the Study Commission Page 3 of 3