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HomeMy WebLinkAbout2007-02-15 CHC MIN • City of Stillwater Charter Commission Feb. 15, 2007 Present: Acting Chair Patrick Needham Jeanne Anderson, Gene Bealka, Tom Corbett, John Lund, Dorothy Molstad, and Terry Zoller Approval of minutes: Mr. Zoller, seconded by Mr. Lund, moved approval of the minutes of Aug. 28, 2006. Motion passed unanimously. Old Business Review Charter amendment ordinance — Mr. Needham said he would check with City Attorney Magnuson regarding the status of the proposed amendment, which would preclude Councilmembers from serving on the Charter Commission, and report back at the next meeting. Review Conflict of Interest policy — It was noted that the Conflict of Interest policy is already part of the Charter, the question is whether the policy is being enforced. Ms. Anderson said she recalled the earlier discussion was that the policy ought to be enforced or changed so that the City is complying with what the Charter states. Mr. Corbett proposed that the Charter Commission draft a letter to the City Council, with copies to the City Attorney and City Administrator, and inquire whether the City's commissions and boards are complying with what is currently in the Charter and whether • the Conflict of Interest provisions in the Charter are in compliance with state statute. During discussion, Mr. Needham reviewed some of the Conflict of Interest language and stated he was not aware of the requirements. There was a question as to whether the referenced forms are available and whether they are being sent out to the various commission/board members. Mr. Corbett also suggested that the letter to the Council solicit suggestions as to how the policy might be revised to make it easier to administer and still be in compliance with state statute. Mr. Corbett said he would be willing to draft a letter to the Council. It was consensus a letter would be a good first step. Ms. Anderson, seconded by Ms. Molstad, moved to have Mr. Corbett draft a proposed letter to the Council for discussion at the next meeting. New Business Election of chair and vice chair — Mr. Bealka moved to have Mr. Needham serve as chair; Mr. Lund seconded the motion. Motion passed unanimously. Mr. Zoller nominated Mr. Lund as vice chair; Mr. Corbett seconded the motion. Motion passed unanimously. Applicants to the Charter Commission — Mr. Needham introduced applicants, Orwin Carter and James Roush. Mr. Carter reviewed his background and experience as a volunteer board member with Washington County and School District 834. Mr. Zoller asked Mr. Carter if there might be any potential conflict of interest involved, given his previous business ties in the community. Mr. Carter responded that he could see no potential for conflict of interest. There was a brief discussion about the function/mission of the Charter Commission. • James Roush introduced himself and talked about his interest in local government. He said his interest grew from his work in two election campaigns and his desire to make a change and clean up some areas of local government. On a question from Mr. Corbett, • Mr. Roush said one of the areas he was concerned with on a local level was conflict of interest. He reviewed his professional background and volunteer efforts. Mr. Zoller asked about a potential for conflict of interest and Mr. Roush said he saw none. There was discussion about ward representation on the Charter Commission. Mr. Needham asked the two applicants to step outside during the vote. It was noted that according to the Open Meeting Law, the two could remain in the room, and the applicants were invited back into the meeting. Mr. Needham asked members to vote for the candidate of choice, assigning 1-2-3, with 1 being the preferred candidate. After discussion, it was noted that point system was not applicable as there were only two candidates. Mr. Corbett asked if ballots should be signed; it was agreed that ballots should be signed. It was agreed that the person to be recommended for appointment would be the one with the majority vote of members present. Mr. Needham read the vote results: Jeanne Anderson voted for Mr. Roush; Dorothy Molstad voted for Mr. Carter; Mr. Bealka voted for Mr. Carter; Mr. Needham voted for Mr. Carter; Mr. Zoller voted for Mr. Carter; Mr. Lund voted for Mr. Carter; and Mr. Corbett voted for Mr. Carter. It was noted that the recommendation of the Commission would be forwarded to the Chief Judge for possible appointment. Members thanked Mr. Roush for his interest. Method of tie-breaking for Council appointments — Mr. Needham stated that the City Administrator had contacted him regarding the Mayor and Council's desire to have the Commission consider a tie-breaking method in instances of Council appointments. Ms. Anderson suggested adopting the method used by statutory cities where the mayor breaks the tie, and she noted that is only done in instances of a tie when filling • appointments to a vacant council position. Ms. Anderson noted the other method would be to hold a special election. Mr. Zoller suggested that the Commission might want to consider recommending a special election and research that method. Ms. Anderson pointed out that a special election would be a more democratic method of filling a vacant council seat. Mr. Zoller also said he would like to know what other cities do. During discussion, it was suggested that the length of a vacancy might determine whether a special election ought to be held. Marguerite Rheinberger, a visitor to the meeting and applicant for the recent Council vacancy, suggested that a vacancy of two years or more ought to go to a special election, regardless of the cost. For vacancies of less than two years, Ms. Rheinberger suggested in instances of a tie in filling a vacancy, Councilmembers must explain why they have selected one candidate over another and then the candidates be allowed to address any concerns. If another tie results, then those two candidates be set aside and the original field of applicants be reconsidered to see if there is a candidate that can achieve a majority vote. Mr. Zoller suggested that the Open Meeting law and the presence of TV cameras played a part in how the process played out in the recent appointment. Ms. Rheinberger called on the Charter Commission to find a mechanism to provide credibility in such situations. Mr. Zoller wondered if any Charter recommendation should become a proposed Charter amendment. After discussion, it was decided to indicate to the Council that the Commission will research the issue further. Mr. Zoller said he would research the cost of special elections. Mr. Needham said he would call five or six other Charter/Home Rule cities to find out what they do in such instances. Mr. Zoller said it would be nice to find out what all other Home Rule cities do in such . situations and wondered whether the League of Minnesota Cities would have any pertinent information; Mr. Corbett said he could contact that agency. Ms. Molstad said she would find out what Plymouth does as she has a friend on that city's Charter • Commission. Mr. Zoller, seconded by Mr. Lund, moved to adjourn. Motion passed unanimously. Respectfully submitted, Sharon Baker Recording Secretary • S City of Stillwater Charter Commission Feb. 15, 2007 Present: Acting Chair Patrick Needham Jeanne Anderson, Gene Bealka, Tom Corbett, John Lund, Dorothy Molstad, and Terry Zoller Approval of minutes: Mr. Zoller, seconded by Mr. Lund, moved approval of the minutes of Aug. 28, 2006. Motion passed unanimously. Old Business Review Charter amendment ordinance—Mr. Needham said he would check with City Attorney Magnuson regarding the status of the proposed amendment, which would preclude Councilmembers from serving on the Charter Commission, and report back at the next meeting. Review Conflict of Interest policy— It was noted that the Conflict of Interest policy is already part of the Charter, the question is whether the policy is being enforced. Ms. Anderson said she recalled the earlier discussion was that the policy ought to be enforced or changed so that the City is complying with what the Charter states. Mr. Corbett proposed that the Charter Commission draft a letter to the City Council, with copies to the City Attorney and City Administrator, and inquire whether the City's commissions and boards are complying with what is currently in the Charter and whether the Conflict of Interest provisions in the Charter are in compliance with state statute. During discussion, Mr. Needham reviewed some of the Conflict of Interest language and stated he was not aware of the requirements. There was a question as to whether the referenced forms are available and whether they are being sent out to the various commission/board members. Mr. Corbett also suggested that the letter to the Council solicit suggestions as to how the policy might be revised to make it easier to administer and still be in compliance with state statute. Mr. Corbett said he would be willing to draft a letter to the Council. It was consensus a letter would be a good first step. Ms.Anderson, seconded by Ms. Molstad, moved to have Mr. Corbett draft a proposed letter to the Council for discussion at the next meeting. New Business Election of chair and vice chair— Mr. Bealka moved to have Mr. Needham serve as chair; Mr. Lund seconded the motion. Motion passed unanimously. Mr. Zoller nominated Mr. Lund as vice chair; Mr. Corbett seconded the motion. Motion passed unanimously. Applicants to the Charter Commission — Mr. Needham introduced applicants, Orwin Carter and James Roush. Mr. Carter reviewed his background and experience as a volunteer board member with Washington County and School District 834. Mr. Zoller asked Mr. Carter if there might be any potential conflict of interest involved, given his previous business ties in the community. Mr. Carter responded that he could see no potential for conflict of interest. There was a brief discussion about the function/mission of the Charter Commission, James Roush introduced himself and talked about his interest in local government.He said his interest grew from his work in two election campaigns and his desire to make a change and clean up some areas of local government. On a question from Mr. Corbett, Mr. Roush said one of the areas he was concerned with on a local level was conflict of interest. He reviewed his professional background and volunteer efforts. Mr. Zoller asked about a potential for conflict of interest and Mr. Roush said he saw none. There was discussion about ward representation on the Charter Commission. Mr. Needham asked the two applicants to step outside during the vote. It was noted that according to the Open Meeting Law, the two could remain in the room, and the applicants were invited back into the meeting. Mr. Needham asked members to vote for the candidate of choice, assigning 1-2-3, with 1 being the preferred candidate. After discussion, it was noted that point system was not applicable as there were only two candidates. Mr. Corbett asked if ballots should be signed; it was agreed that ballots should be signed. It was agreed that the person to be recommended for appointment would be the one with the majority vote of members present. Mr. Needham read the vote results: Jeanne Anderson voted for Mr. Roush; Dorothy Molstad voted for Mr. Carter; Mr. Bealka voted for Mr. Carter; Mr. Needham voted for Mr. Carter; Mr. Zoller voted for Mr. Carter; Mr. Lund voted for Mr. Carter; and Mr. Corbett voted for Mr. Carter. It was noted that the recommendation of the Commission would be forwarded to the Chief Judge for possible appointment. Members thanked Mr. Roush for his interest. Method of tie-breaking for Council appointments— Mr. Needham stated that the City Administrator had contacted him regarding the Mayor and Council's desire to have the Commission consider a tie-breaking method in instances of Council appointments. Ms. Anderson suggested adopting the method used by statutory cities where the mayor breaks the tie, and she noted that is only done in instances of a tie when filling appointments to a vacant council position. Ms. Anderson noted the other method would be to hold a special election. Mr. Zoller suggested that the Commission might want to consider recommending a special election and research that method. Ms. Anderson pointed out that a special election would be a more democratic method of filling a vacant council seat. Mr. Zoller also said he would like to know what other cities do. During discussion, it was suggested that the length of a vacancy might determine whether a special election ought to be held. Marguerite Rheinberger, a visitor to the meeting and applicant for the recent Council vacancy, suggested that a vacancy of two years or more ought to go to a special election,regardless of the cost. For vacancies of less than two years, Ms. Rheinberger suggested in instances of a tie in filling a vacancy, Councilmembers must explain why they have selected one candidate over another and then the candidates be allowed to address any concerns. If another tie results, then those two candidates be set aside and the original field of applicants be reconsidered to see if there is a candidate that can achieve a majority vote. Mr. Zoller suggested that the Open Meeting law and the presence of TV cameras played a part in how the process played out in the recent appointment. Ms. Rheinberger called on the Charter Commission to find a mechanism to provide credibility in such situations. Mr. Zoller wondered if any Charter recommendation should become a proposed Charter amendment. After discussion, it was decided to indicate to the Council that the Commission will research the issue further. Mr. Zoller said he would research the cost of special elections. Mr. Needham said he would call five or six other Charter/Home Rule cities to find out what they do in such instances. Mr. Zoller said it would be nice to find out what all other Home Rule cities do in such situations and wondered whether the League of Minnesota Cities would have any pertinent information; Mr: Corbett said he could contact that agency. Ms. Molstad said she would find out what Plymouth does as she has a friend on that city's Charter Commission. Mr. Zoller, seconded by Mr. Lund, moved to adjourn. Motion passed unanimously: Respectfully submitted, Sharon Baker Recording Secretary