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HomeMy WebLinkAbout2020-08-10 CHC MIN Special CHARTER COMMISSION MINUTES August 10, 2020 SPECIAL MEETING 7:00 P.M. Chairman Milbrandt called the meeting to order via Zoom at 7:00 p.m. Present: Chairman Wally Milbrandt, Commissioners Orwin Carter, Jeff Johnson, Jon North, Shana Tomenes and Brendan Wright, Water Board Chairm an Steve Speedling, Councilmember Mike Polehna Absent: Commissioners Dick Juelich and Zack Sullivan Staff present: City Administrator McCarty City Attorney Land City Clerk Wolf Water Department Manager Benson APPROVAL OF MINUTES Possible approval of September 17, 2019 meeting minutes Motion by Commissioner Carter, seconded by Commissioner Wright, to approve the minutes of the September 17, 2019 meeting. All in favor. OPEN FORUM There were no public comments. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Resignation of Commissioners Ratte and Zoller Chairman Milbrandt gratefully acknowledged the service of Commissioners Ratte and Zoller. Reappointment of Commissioners Carter and Milbrandt Chairman Milbrandt noted that he and Commissioner Carter were reappointed. New appointment of Shana Tomenes Chairman Milbrandt welcomed newly appointed Commissioner Shana Tomenes. Selection of Chair and Vice Chair Chairman Milbrandt agreed to remain as Chair, and Commissioner North agreed to be Vice Chair. There was consensus of the Commission. Charter Commission Special Meeting August 10, 2020 Page 2 of 4 Proposed Public Works/Water Board Transition Plan City Administrator McCarty provided background on the transition plan recommended by a consulting firm, combining operations of the Water Department and Public Works Department. A Utilities Division will be formed within Public Works and the current Water Board will become a Commission. A Council-directed transition team has been working out the process. Language for the necessary Charter amendment has been drafted for Charter Commission review. Councilmember Polehna emphasized that the City is not looking at changing the operation of the Water Department at all, only streamlining it and bringing it under the organizational structure of the City, to provide greater efficiencies and a cleaner supervisory structure. The transition is not meant to be against the Water Board, which he acknowledged is extremely knowledgeable and skilled. Water Board Chairman Speedling added that the Water Board understands the efficiency and support to be gained by shared resources, and supports the direction that the plan is going. Chairman Milbrandt asked Water Department Manager Benson if he has been involved in the process and if he supports the transition plan; and Mr. Benson replied that he has been involved in the planning and he is in alignment to some degree. He is committed to following what the Board and the Council are recommending. City Attorney Land acknowledged that a separate Water Board served its purpose well when originally created, but now the Council is looking at integration for efficiency reasons. Because the process lies solely within the Charter, the creation of the separate Water Board must be repealed. The ordinance amendment being presented repeals the language that created the Water Board and adds words about how management will occur. The Water Board members will be on a separate commission created by the City similar to the other commissions. The ordinance also gives the City Council rights and privileges of contracts so it will be a seamless transition. Upon the Charter Commission’s recommendation to the Council, the Council must approve it unanimously. January 1 has been set as a proposed start date. She reviewed the other ordinances that will be taken up separately by the Council to accomplish the transition. Commissioner Carter voiced concern about an attempt to incorporate the Water Board into the City that occurred maybe 19 years ago. At that time, the Charter Commission approved getting rid of the Water Board and having it be part of the City. The Council voted it down and it went to a referendum of residents, which failed overwhelmingly. He feels that one of the things that is missing is detail about the financial plan for the combined department. It looks like the total package has an increase in personnel. He asked where that funding will come from. He also asked how this will be presented to the residents of the City. Regarding the financial aspect, Mr. McCarty explained that in the new/updated organizational chart, there is a Public Works position that the City does not currently have, however the Council budgeted for that position in 2020 out of current City operational dollars. It has not been filled yet pending this outcome. Currently the Water Charter Commission Special Meeting August 10, 2020 Page 3 of 4 Department and Board of Water Commissioners is a standalone operation financially. They run like an enterprise fund. That would continue with the creation of the City’s fifth enterprise fund. All revenues and income will stay separate in that fund. The goal is to make the transition fairly seamless and maintain the same high quality of services enjoyed today. Councilmember Polehna cited for example, the City hired a consultant to look at its sewer fund and the Water Department hired the same firm to look at the water fund. Now the departments will work together. He recalled that 18-19 years ago when the referendum was held, some former Water Department employees told the community that it was nothing but a money grab for the City to take all water funds and put them in the City budget. Under the transition plan, the funds will all stay where they are now, and contracts for areas like attorney services, emergency services, and so on can be combined. Chairman Milbrandt added that 19 years ago, there was no plan to set up a separate enterprise fund. At that time the proposed transition was viewed as a financial land grab and that is what the citizens were told over and over again. In this case it will be a standalone fund. Commissioner Tomenes asked, outside advisory authority, would the Water Board retain any other authority; and City Attorney Land answered that it would be like any other commission that is a recommending body to the Council. It would not have autonomous decision making authority. Councilmember Polehna added that the Utilities Commission would be concerned with both sewer and water. There would be one manager over both of those services. One benefit will be to allow Commissioners to discuss situations among each other outside the meetings, which is currently prohibited because it violates the open meeting law. Water Board Chairman Speedling added that the Utilities Commission would include the current three Water Board members and two other appointees. Commissioner North stated he appreciated hearing the history of the previous consolidation effort. He inquired if there is language to be added or deleted about the financial aspect of having segregated accounts, or is that implied; and Ms. Land responded that the City has an ordinance that differentiates between its funds. This Utilities Fund could be added to that language without requiring Charter Commission action. City Administrator McCarty confirmed that the City Code includes language establishing the Sanitary Sewer Fund and the Storm Sewer Fund. It would be appropriate to draft similar language establishing the Water Fund as a separate fund, even though the Finance Director is required by statute to manage those funds separately under standard accounting practice. On a question by Commissioner Tomenes about the process for informing the public and gathering input; and Ms. Replied that the Charter amendment process has to be published Charter Commission Special Meeting August 10, 2020 Page 4 of 4 in full in the official publication, there will be a public hearing and it will be on the City’s web site. Mr. McCarty added that there have been a number of public meetings starting in early January. It would be appropriate to post the information on the City’s web site and Facebook page, the Water Board’s web site, and in the City newsletter. Motion by Commissioner Johnson, seconded by Commissioner Wright, to approve an ordinance repealing Article XIII of the Charter of the City of Stillwater regarding the Board of Water Commissioners. All in favor. COMMUNICATIONS There were no Communications. COMMISSION MEMBER REQUESTS There were no Commission member requests. ADJOURN Motion by Commissioner Carter, seconded by Chairman Milbrandt, to adjourn. All in favor. The meeting was adjourned at 7:55 p.m. Wally Milbrandt, Chairman ATTEST: Beth Wolf, City Clerk