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10-29-2001 CHCMCharter Commission Meeting Monday October 29, 2001 Members Present: Chair Chuck Carlson, Carl Bretzke, Steve Auger, Roger Petersen, Don Glas, Phil Graves, Jean Peterson, Linda Remucal, Virgil Voigt, Ron McGraw, Mike Cannon, Walt Clay Others Present: Marlin Torgerson, Mayor: John Mlinar, Council member: Dick Schieffer, City Attorney and Clarence Kadnnas, Utilities General Manager. Chair Carlson called the meeting to order at 4:O5p.m. Motion by Bretzke, second by Graves to approve minutes from October 15, 2001. Motion carried unanimously. Dick Schieffer, City Attorney, presented the Charter Commission with the latest revision of the Charter document. Section 6.03 - reviewed with an explanation of the differentiation between departments, offices, enterprises and agencies. Section 6.05 - now holds a clause referring to Chapters 11 and 12. Section 7.07 - a phrase has been added excluding Hutch Utilities and Hutchinson Area Health Care. Section 7.08 — "alternations" was changed to "alterations" Mayor Torgerson backtracked to Section 7.06 in regard to when the budget should be set. The word "at" will be changed to "by" in the first sentence. It will now read "The budget shall be considered by the first regular monthly meeting.... ". Discussion was held in regard to the deadline for the Utilities to meet to provide the City with the amount they will be able to transfer. Mayor Torgerson explained how funds are received in addition to the Local Government Aid. Funds are taken from entrepreneurial funds as a first step instead of raising citizens' taxes. Mayor Torgerson also explained the procedure the Council now uses when requesting funds from the Utilities. Walt Clay questioned what procedure should be used if the City and the Utilities cannot reach an agreement as to the amount of funds that should be transferred. Both the Mayor and Clarence Kadrmas explained that both sides are typically able to come to a mutual agreement. Dick Schieffer referred the Charter Commission to the changes in Section 11.0. This section covers the process of the transfer of funds from the Utilities to the City of Hutchinson. Further discussion was held in regard to the Utilities funds (i.e. surplus, reserves, etc.) Section 11.0 — grammatical changes were made Section 11.08 — Hutchinson is now spelled correctly and additionally there was a gender language change. Dick Schieffer also explained changes made in Section 12.03 and 12.04. Section 12.04 was re- worked to explain the board appointments and the staggering of terms. Discussion was held in regard to the time frame the City Council uses to make appointments to the hospital board. Mr. Schieffer explained that in the final draft, all language will be uniform (capitilazation, gender, etc.). Also in this section, "directors" will be changed to "board members ". The tern "hiatus" was discussed. Question was raised as to the amount of time a board member needs to be off of the board/comnittee until they can return to that same board. Motion made by Walt Clay, second by Jean Peterson to change the length of time of a member being off the HAHC board to one year in comparison to four years (length of tern). Motion carried unanimously. Clarence Kadrmas questioned these same guidelines to be applied to the Utilities Commission. Phil Graves questioned whether or not all boards /commissions have a requirement of filling four -year terns. Mayor Torgerson noted that there is no policy specifying the length of terns for board members. Phil Graves only raised this issue to verify that there is no current ordinance that would conflict with this charter language. Motion by Ron McGraw, second by Steve Auger to include the length of tern information to include the Utilities Commission. Section 13.0 — "ordinance" changed to "resolution'. Chair Carlson welcomed the additional guests to the meeting. He explained that Section 11.02 has been discussed in regard to the phrase board/conunission members "shall receive compensation... ". He explained that the Charter Commission had recommended changing this language to "may receive compensation... ". However, further discussion has been brought up in regard to the issue of compensation of boards and commissions. Clarence Kadnnas explained the duties and time spent of the Utilities Commission. Chair Carlson asked whether or not there are specific qualifications required of Utilities Conunission members. Mr. Kadnnas explained that there are no specific requirements of these members. Mayor Torgerson explained that the City Council has no issues with the Utility Commission members being compensated. He further noted that he felt the hospital board was more of an advisory board compared to an operational board, such as the Utilities Commission. Mr. Bretzke questioned whether or not the Utilities Commission. if asked, would feel that they should not receive compensation. Mr. Kadnnas was unable to answer that on behalf of the Utilities Commission. Mr. Graves requested the ability to pose the question to the HAHC board as to changing their terns to five years. Chair Carlson granted it and Mr. Graves will provide the Charter Conunission with the results at the next meeting. Motion by Bretzke, second by Cannon to change wording from "shall" to "may" pertaining to the Utilities Commission and HAHC board receiving compensation. Motion carried unanimously. Walt Clay questioned whether or not the compost facility will ever have a use for a board. Mayor Torgerson expressed that he felt there would not be a need. Motion by Don Glas, second by Ron McGraw to pernit the HAHC board to change their terns to five years, if the HAHC board so chooses. Motion carried unanimously. The nest meeting was scheduled for Mondav November 12, 2001 at 4:00 p.m. Chair Carlson stated that a public hearing will have to be held to review the final draft of the City Charter by the citizens of Hutchinson. Dick Schieffer will mail out a red -lined copy and a final draft to the Charter Commission members prior to the November 12 meeting. Meeting was adjourned at 5:20 p.m