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07-30-2001 CHCMHutchinson Charter Commission Meeting Minutes Monday, July 30, 2001 Members Present: Chuck Carlson - Chair, Linda Remucal, Don Glas, Mike Cannon, Carl Bretzke, Roger Petersen, Jean Peterson Members Absent: Ron McGraw, Virgil Voigt, Steve Auger, Phil Graves and Walt Clay Others Present: Dick Schieffer, City Attorney and Melissa Starke, Recorder Chair Carlson called the meeting to order at 4:00 p.m. Motion by Bretzke, second by R. Petersen to approve the minutes as presented. Motion passed unanimously. Chair Carlson asked for clarification in Chapter 2 Section 2.09: Section 2.09 on ballot from election in 2000 is different than what is presented in the draft. The second paragraph on the ballot is not included in the draft of Section 2.09. Mr. Schieffer, city attorney, stated that the draft is a condensed version of what was voted on and that it covers all the language that was on the ballot, other than the 30 day notice of filing. Conversation was held in regards to the wordiness of the Section on the ballot. It was decided by the group to keep the Section as it was voted on, with the exception of changing the word "person" to "elective officer" as indicated in the draft. Some discussion was held in regards to the Mayor making the appointment in case of tie outcomes. Linda Remucal addressed the fact that the Minutes from the July 16, 2001, meeting stated that in Section 2.04 the words "elected" or "appointed" needed to be added. It was decided that those words did not need to be added and this section would be left as originally drafted. Chair Carlson asked for an update from the sub - committees. Don Glas introduced the work that the HAHC sub - committee had done. Dick Schieffer, City Attorney, handed out a draft that the sub - committee had created and reported on the language they created. He stated that much of the language was used from the "Hospital and Nursing Home Board " Ordinance. The draft consists of seven sections: Establishment: defines the services provided and items included to provide health care services. Explains that HAHC is an enterprise of the City. Control and Management: Explains that HAHC is governed by the Board of Directors Powers and Duties: Explains the Board's power in setting rules and regulations and the management and operation of the health care enterprise. Appointment and Terms: Explains composition of Board of Directors and terms of each member. There is some clarification needed by Phil Graves, HAHC CEO, in regards to the sentence, "Elected Directors shall be appointed to a maximum of two consecutive four -year terms exclusive of the fulfillment of an unexpired term ". It was suggested that the word "maximum" be removed so that this language reflects flexibility. It was also suggested to have Mr. Graves clarify how the Chief of Staff's term coincides with other Board members terms. Chief Executive Officer and Other Emplovees: Explains Board's role in appointing CEO position. The word "experienced" will be replaced by "qualified" in describing the CEO. Corporate Affiliation: Explains Board's authority to enter into management contracts. Names: Explains names of facilities. Roger Petersen raised the questions as to how the liquor store fits into the Charter. Mr. Schieffer stated that they are enterprise just like the hospital. The Compost Facility would also be categorized in this group. Mr. Schieffer also noted that many Charters do not include chapters on liquor stores. But it was recommended that possible sections be created to address these two enterprises. Chair Carlson will speak to Mayor Torgerson and Gary Plotz in regards to these two subjects. Don Glas will also acquire Grave's and Plotz's input on the draft and will bring it back to the next Charter meeting. Mike Cannon reported on his sub - committee's findings in regards to Section 6.02, Subd. 3. Jean Ward, HRA Executive Director and Christie Rock, HCDC/EDA Executive Director, were interviewed to get their input on how they feel the City Administrator's role is with their agency. They both felt that their agency is formed by the City. However, the HRA is constructed by the Mayor and Council appointing the HRA Board and the Board hires director. Ward feels she is an employee of the HRA. HRA budget is approved by City Council by the account of the City Council approving the levy that funds the HRA. The City Administrator is not involved in any way of the HRA's operations. In regards to the HCDC/EDA, Rock felt she is a director hired as an employee of the City. She is under the City pay plan and feels that she should be supervised by the City Administrator. She feels she currently receives most of her direction from the HCDC/EDA Board Director. However, as new people acquire the Board Director role, they may not have the time that the current Board Director has to direct the Executive Director. The HCDC/EDA Board approves budget and it is then approved by City Council. Downtown loan funds and TIF money is the major funding. The sub - committee's opinion is that the word "agency" be removed and that the HCDC/EDA would be categorized under "department ". Mr. Schieffer stated that he would verify with the statutes to make sure there aren't other responsibilities of the HRA. Much of their direction is received from the State. It was discussed whether or not that separate chapters actually had to be created to cover the liquor store and compost facility as stated earlier, if they are solely supervised by the City Administrator and categorized as a department. The hospital and utilities are separate from the actual City office. More discussion will be held with Mayor Torgerson and Gary Plotz, City Administrator. They will be discussed at the next meeting. Section 6.04 — Discussion was held in regards to the word "employees" replacing the word "subordinates ". Clarification is needed as to whether or not the council actually creates positions or just approves the budgetary results of new positions. It was also noted that in Section 6.03, "ordinance" should be changed to "resolution ". Mr. Schieffer also noted that the last sentence in Section 6.04 should be added to the end of Section 6.03. The title of Section 6.04 will be changed to Citv Emolovees. This section will now read "There shall be city employees subordinate to the City Administrator as the council may see fit ". This verbage relates back to Section 6.02 Subd. 2. which shall now read "all heads of departments and employees" (remove "subordinates "). Linda Remucal asked if Chair Carlson had checked with the Mayor in regards to the Charter Commission deadline to complete the revisions by August. Chair Carlson stated that he had spoken to the Mayor and the Mayor has been informed that the Charter Commission will not be able to meet the deadline as requested by the City Council. The next meeting date of the Charter Commission will be August 6, 2001 at 4:00 p.m. at the City Center. Mr. Schieffer again raised the point in regards to the verbage used in filling vacancies. He compared the accepted Resolution to the voted amendment. He suggested revisiting this language at a later meeting. Mr. Schieffer recommended using the language from the ballot in the Charter. The Charter resumed with Chapter 7. Section 7.06 — Remucal recalls a recommendation to eliminate dates listed in this section, due to the fact that legislature can change those from year to year. "Not later than the first week of October" removed. Also removed "not later than October 10 ". These recommendations were made by the City Council. Section 7.07 — It was questioned as to whether or not the City Administrator has the power to transfer monies from one fund to another if all the funds have not been expended in one account. This gives the City Administrator great flexibility. This section will be addressed at the next meeting. Section 7.08 — This section will also be reviewed at the next meeting. Section 7.09 — Ken Merrill, Finance Director, had previously stated that there are really no such things as "emergency debt certificates ". There are other ways to raise funds to cover such expenditures. Chair Carlson suggested researching this section further from previous meeting minutes. A good majority of Chapter 7 needs to be reviewed and discussed at a future meeting. Chapter 8 — no changes Chapter 9 — no changes Motion by Jean Peterson, second by Don Glas to approve Chapters 8 and 9. Roger Petersen motioned to adjourn. Motion carried unanimously. Meeting adjourned at 5:25pm.