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HomeMy WebLinkAbout2004-01-28 Government Operations Committee Minutes � GOVERNMENT OPERATIONS COMMITTEE MINUTES 7anuary 28, 2004 Councilors Present: Richard Greene, Peter D'Errico, Gerry Palmer, Anne Allen, Dan Tremble, David Nealley, Geoff Gratwick, Frank Farrington Staff Present: Bob Farrar, Norm Heitmann Others Present: Charles Birkel, Arthur Tilley, Frank Knight, Dawn Gagnon, 1 Member of the Public The meeting convened at 5:05 p.m. Comrnittee Chair Greene indicated that Councilor Palmer would like to have a few minutes to address the committee. Palmer said that this was his first Government Operations Committee meeting since he was Chair of the Committee. He presented � Greene with a gavel and congratulated him on his appointment as Chair of the Committee. Greene moved that discussion on item 3 be moved to the beginning of the meeting, and asked if there was any objection to this. 1. Discussion concerning the use of the title of Mayor in place of Council Chair. Seeing no objection, Greene noted that at the last City Council Meeting, a resident, Charles Birkel, raised the issue of the improper use of the term Mayor when referring to the Chair of the Council. The Council took Mr. Birkel's concern under advisement and referred the item to this Committee for further review. Greene noted that Heitmann had provided some additional information in the weekly Council packet. Greene invited Birkel to come forward. Birkel said that he was here today at the Council's request. He said that he presented his comments and correspondence on the 12th of January. He said that before he says anything further, and since he was invited here today, he wanted to know if the Committee had read his letters and attachments. Greene and D'Errico commented that they had read the letters. Palmer noted that he � was not a member of this Committee, but had read and responded to the emails from Mr. Birkel. Birkel said that his concerns are very simple, to terminate the � dishonest and wrongful use of the title of Mayor by the City Council Chair.. He said that we need to restore integrity to the Council Chair by complying with the city charter. He listed the benefits of doing this, such as eliminating confusing, misleading, misconception and often misunderstanding of the form of local government we have here in Bangor. Birkel said that our citizens can familiarize themselves with the true form of Council - City Manager form of government without pretending that we have a mayor that represents the City of Bangor. Birkel indicated that under section 3 of the city charter, City Council Chair has same authority as other City Councilors, one vote each, with the City Council Chair recognized as the official head of the City for ceremonial purposes, not as mayor. He said that the term mayor usually applies to someone in authority. We have no such one single person or position here in Bangor. The City Council Chair has no authority to act alone. Birkel said that as a citizen, he is asking this body to be honest and to stop this wrongful habit that has been going on for too many years. Birkel said that we need to bring integrity back into our form of government. Greene thanked Mr. Birket and asked for questions from Council. Birkel said that he would like to hear comments since he was invited to the Committee. D'Errico said that he understands what Birkel is trying to address. He said that . he has no problem addressing the Chair as Chair, and feels that he has tried to practice using this terminology. He noted that Heitmans's final paragraph spells it out completely. Birkel asked what that was. D'Errico pointed out that this was on page 30 of the weekly packet. Birkel read ��Nowhere in the Code of the City of Bangor is the word "mayor." D'Errico said that he was referring to the section that said "The City Charter, Article II, section 3, provides that the chairman shall be recognized as the official head of the city for ceremonial purposes, and shall have the powers and authority given to and perform the duties required of mayors of cities for all purposes of military law, and shall act as a mayor in so far as representation is provided for the city by the mayor upon any board or commission or otherwise provided by any statute." Palmer said that the mayor or the chair has a lot of power in some ways, they decide who gets called, who gets to speak, how long they get to speak and that includes the Council. Additionally the chair or mayor can call a meeting of the Council with notice by him or herself. If the rest of the Council would like to have a meeting, it takes 5 Councilors to make that happen, which implies some power to the position. Palmer said that the word mayor has been used back into the late 1800's. Palmer said that this is a form of respect to call the Council Chair the Mayor. Palmer wanted to know what is the loss of integrity. � � Birkel said that we do not have a mayor in the City of Bangor. The habit has been formed for many years. He said that in 1934 we stopped having a mayor form of government in this City. We have been in the habit of using this terminology, and the term mayor implies authority, and we have no person or position like that in this city. He noted that the Council Chair has no more authority than any other councilor. He said that we need to operate the City's form of government the way it is supposed to be. Birkel wanted to know if this was a legal problem. Palmer wanted to know about the photos in the hallway that are of the past Council Chairs. He said that this implies a sense of recognition and respect, and he does not see how it is harmful to use the term mayor. Palmer noted that this is not something new and why is this complaint coming in 2004 and not when you moved to Bangor. Birkel said that he became involved in the City in 1975, and wrote many articles on this particle subject. Because he is a man who believes in integrity, Birkel said that he wrote about this subject in 2000. Birkel said that he has been writing about this for years. He said that the integrity of the Council Chair should be upheld according to the City Charter. Birkel said that the photos in the hallway only depict one person who served on the Council, what about all of the other people who served on the Council. Nealley noted that he is not on this Committee and said that there is an issue of � integrity that should be addressed. He said that he often has to explain the difference between calling our Council Chair the mayor versus having a mayor form of government. He said that there is a tendency to use the term mayor for ceremonial purposes because it sounds more official. Nealley said that the main goal of this"mayor" is to chair the Council. He said that he does not feel that the Council Chair has the right to not recognize somebody unless there has been a violation of a rule of conduct. He said that for the most part we apply Roberts Rules of Order. He said that we are talking about something that does not require a change, but a consensus to refer to the Council Chair as such and not mayor. Tremble said that he agrees with the conclusions of Mr. Birkel. He said that the issue is the degree of the seriousness of the issue as Mr. Palmer referenced earlier. Tremble said that most people on the street do not know that we have a council form of government. He said that the term mayor refers to the administrative head of the city and should probably be Ed Barrett as the City Manager. Tremble said that the Council hasn't done anything to be misleading and suggested that a line be added to the ordinance that states that the term mayor may be used for ceremonial purposes. Palmer said that he has had the pleasure of serving with 7 Council , Chairs/Mayors. He has never heard anyone address the Council Chair as such, - __- always Mayor. He said that this would take a lot of education in the community � to address this issue. Birkel said that we should not try to change the charter to meet what we want to do, but should adhere to the charter as it is. Nealley said that we will be attending the National League of Cities in Washington, DC, and will be representing the Bangor area. While there, we will be coming in contact with other mayors who do have a mayor form of government. He said that we need to move away from the term mayor, because it is misleading. Nealley said that Charlie Birkel is right and it is up to this Committee to decide what to do about it. Allen said that we are all elected at large, and it doesn't matter who leads us. It is wrong to equate the City Manager on a parallel form with the leadership of our government, as one is an appointed form of city government and the other is an elected form. Heitmann said that the definition of mayor according to Webster's Dictionary is the administrative head of the city, however, no one would ever think of the city manager as the mayor. Heitmann said that Bangor is not alone in referring to its Council Chair as mayor. The only problem is the public perception. Heitmann � said that we could make an amendment to our ordinance that says the Council Chair could be referred to as mayor. We.could leave it the way it is. Heitmann said that there really isn't an ordinance that can be passed that prohibits the Council from using the term mayor. Heitmann said that Councilors could voluntarily refrain from using the term mayor. Frank Knight of Bangor commented that Birkel's comments are along the same line as what he feels. He said that when addressing the Council Chair as mayor, we are diminishing the role of the Council Chair to a ceremonial term. He noted that the Council Chair is elected by the Council, who are elected by the citizens of the City of Bangor, therefore the title of chairman is diminished.. Tremble recommended that we do nothing different. Nealley suggested that someone on the Committee make a motion to strike the use of the term mayor in reference to the Chair Council. Allen said that what we have is one form of government, all elected at large, and we have elected one person to lead the Council. She said that we have a mayor that is elected by the elected body, and suggests leaving the issue as is. � � Greene noted that we do not need a motion if we are going to keep the issue the way it is. He thanked Mr. Birkel for his comments and noted that he and possibly others on a voluntary basis would try to refrain from using the term mayor. Birkel said that this was an issue that he has had since the 1980s. Tremble acknowledged Birkel's efForts although he disagrees with the issue. Birkel asked if this would go to full Council, and Greene replied that since there was no action it would not. Farrington clarified that we had not changed our form of government. Palmer reiterated that there was no action from this meeting according to the three voting members of the Committee, therefore there is no change. He noted that some Councilors feel that they should try to use the term Council Chair in place of mayor, however, there are other Councilors who feel that they will continue to use the term mayor. Heitmann noted that no one is � required to change the way they address the Council Chair, and that there is no change to the Charter. 2. Discussion of Public Comment period at the beginning of City Council Meetings. Greene noted that Council Chair Tremble had requested that the Committee discuss the procedure by which the public addresses Councilors at Council � meetings. He has suggested that the Committee consider whether or not to impose time limits, whether the comment period should be at the beginning or end of the meeting and other related issues that might prove helpful to this process. Tremble said that he has no strong feelings one way or the other, except that the procedure we are using right now does not always work well. He suggested presenting proclamations first, before public comment and limiting each speaker to 15 minutes at the beginning of the meeting. Tremble said that he did not want to limit who was allowed to speak. Gratwick said that this is an important topic to allow the Council to hear from citizens and to operate efficiently. He suggested that we begin the meeting with a request from the audience as to how many people wish to speak and is it for contentious issue"X"that will be later in the evening. Allen said that we have curtailed comments in the past when a large group of people come out to speak about one particular subject, by asking them to refrain from redundancy. She said that to deny any citizen the ability to speak or present what they feel is an important issue before this Council is not doing justice to this Council or the citizens. Nealley agreed with Allen that this is all about the public. He noted that he has • witnessed non-residents go on and on at Council meetings referring to subjects that are not relevant to the City of Bangor. He recommends keeping the process � � open to the public as much as possible. He said that we may need a time limit up to 15 minutes, and if someone has a large presentation that they may need to go at the end of the meeting. D'Errico said that we should stay away from time limits. He said that there may need to be some discretion on the part of the Chair. Palmer said that he has mixed feelings, noting that people have the right to speak, however, our time is valuable as well. Palmer said that Birkel was allowed 2 minutes, took 5 minutes at the Council meeting, and then received an hour at this meeting. He noted that people may be limited to comment at the Council meeting and then referred to the appropriate Committee for further discussion. He recommended that we receive email during Council meetings so that citizens can participate. He said that he thinks two minutes is not enough time. Allen said that if we start limiting the public, will we start limiting the Council as well? She said that she supports allowing people to speak at the beginning of the meeting. Greene concurred that there should not be time limits. He indicated that � Committee members had received a survey of what area towns/cities do at their respective Council meetings regarding public comment. He said that he believes the Council Chair has the right to limit if people are becoming repetitive. He said that the Town of Sanford has a sign up sheet for citizens that wish to speak at the meeting, and the Council Chair calls them to the podium. Birkel said that any level of government that attempts to establish limitations on the public that they represent, from being heard, may be treading in an area of serious consequences. He said that this could be interpreted as an attempt to infringe on our constitutional rights. Farrington said that he had previously suggested placing public comment at the end of the meeting. He said that his concern is for those that are at the meeting for a scheduled topic, some of which bring legal counsel who they might be paying for based on an hourly rate, and it is not fair to make people wait if they have been scheduled to appear. He disagreed with Palmer in that he feels that the public has the right to chastise the Council and be rude if they so desire, although most residents are not rude. He said that public comment is just that, not a discussion. The Council should not respond with discussion, however the resident should be referred to a Committee. He said that we as Councilors should give thought to what comments that we make, and that Council meeting • � farewell comments should be short and not for discussion or controversial remarks. Gratwick concurred with Farrington. He said that there are two issues, one being how long do we want to listen to people speak, and that it should be the Chair's prerogative to move along a discussion. The other issue is when should the comment period occur. The negative aspect of having the comment period at the beginning is that it seems quite rude to the rest of the people who are waiting for their scheduled appearance. He said that we are all committed to be here on Monday nights. Tremble asked if the Chair could ask for a consensus of the whole group. He said that he agrees with Birkel and did not mean to be rude, rather he wanted to move things along at the meeting. He said that he has never seen people before the U.S. Congress or the legislative delegation, but Bangor has decided to allow people before the Council meeting. He agreed that there should not be limits, and liked the idea of the sign up sheet. He said that we should set aside 15 minutes of public comment at the beginning and a period at the end if necessary. If it is at the beginning, Tremble said that he would like to issue proclamations before the public comment period. i Heitmann said that he asked the City Clerk to review how many people spoke during public comments in 2003, and she said that it was 22 people for 24 meetings. Palmer agreed with Farrington that public comment should be at the end of the meeting. He said that he was very supportive of the comments regarding Councilor comments at the end of the meeting. He said that in regards to chastising, he was referring more to the haranguing of a particular Councilor by a member of the public. Nealley said that he respects Farrington's comments that an item should receive a referral from the Chair to a Committee when a member of the public is speaking. He said that he would rather not see structure of the public comment, however, he said that he agrees with the public comment continuing after the scheduled people have had their turn to speak. Greene asked if one of the voting members had a motion. Allen made a motion to keep the public comments as is at the beginning, open to the public without a time limit, and that we add a sign in sheet for those who wish to speak. D'Errico seconded the motion. � Tremble indicated that he got a sense that the majority of the group wanted the � public comment period at the end of the meeting, however the voting members of the Committee recommended that the public comment period remain at the beginning of the Committee, and asked Heitmann what authority does the Committee have. Heitmann said that it is not binding that if you want to change the rules, then we need a Council Ordinance change. Tremble asked if this is a referral to Council. Heitmann said that this is a recommendation only. Tremble asked if Greene could ask what the consensus of the group was. Greene said that we have a motion on the floor and should vote on it. Farrington said that it should be up to the Council Chair as to how he is going to run the meeting. Heitmann said that the Council Chair's decision can be overridden by the vote of the Council, therefore it is preferable to determine the wishes of the Council if possible before this happens at a Council meeting. Palmer agreed with Farrington, that this is a recommendation to the Council Chair as to how the Government Operations Committee would like to see him run the meeting, and that it is his right to pick and choose which recommendations he wishes to follow. Allen wanted to know if this meant that the Council Chair could overrule the Finance Committee. Heitmann said that if an ordinance provides that the Finance Committee gets to make the determination on the award of a contract, the Council Chair does not get to overrule this. If there is a Council ordinance or resolve being considered � by a Committee, the Council can overrule a Committee decision. In this situation we do not have an ordinance that says how public comment should be conducted, therefore any vote from this Committee is only a recommendation. Tremble said that he was just trying to get a sense of the full Council. Allen reiterated that the motion was that there be no time limit on public comments, that the public comment period remain at the beginning of the meeting, and that there be a sign up sheet at the door for those who wish to speak. Palmer said that he hopes this motion fails and that the will of the Council is elsewhere. Greene asked for those in favor of the motion as presented by Allen. The vote was 3 in favor, none opposed. Tremble thanked the Committee for their input and recommendation. 3. Review/Discussion — Form of Government Greene noted that at the last City Council meeting, a request was made for the Committee to review and discuss forms of local government. Heitmann referenced the material he has previously provided to the Committee and noted that he really didn't have anything additional to add to it. He noted that there if there is a change in the form of city government that this is a change in the • __ _ � charter, thus requiring a charter amendment and a public hearing. It would then go to the voters for a majority of the vote. Allen made a motion to table this for the next Government Operations Committee and expressed her interest in having a subcommittee address this issue. Greene seconded the motion. The Committee voted 2-1 to table this item. 4. Gaming Legislation Update. Barrett provided an update on the status of the gaming legislation. He said that there had been another public hearing today in Augusta. He presented a list of issues that the Legal and Veterans Affairs Committee wanted to address. Barrett noted that he and Council Chair Tremble attended most of the meeting. He said that the Committee had decided to keep most of these issues on the table. He said that they removed ��adjoining towns role in approving racino,"'�LD1820 specifies that it is not intended to limit municipal regulation as long as no conflict with state laws." He noted that the Committee will have a session with the Attorney General's Office regarding item 1 B. Vested rights of tracks/applicants. Barrett said that his understanding that Penn National is not against this notion, that they would like to see if the legislature is going to pass gaming legislation, � that they take the time necessary to come up with something that it appropriate and workable. He said the Committee removed the proposed limits on slot machines, that this would be best determined by the market. He said that the Committee has voted that they do not want to consider the proposed amendment that the Penobscot Nation and Passamaquoddy Tribe have produced. He noted that there is some talk to place this on another referendum. Barrett said that there is some talk about combining all gaming regulation under one department. As legislation is written, licenses will not be transferable. He said that the Committee left in the issue of 4% of revenue to go to Scarborough Downs, as the host community. Barrett said that the City of Bangor would like to see a minimum of 4% of revenue if Scarborough Downs receives this amount. Barrett noted that Pat Blanchette is a member of this Committee and has Bangor's interest at heart. Barrett listed the issues that the City of Bangor has with the gaming legislation. He said that one of the biggest issues will be whether the Committee is going to introduce legislation to defer the effective date of the referendum. He noted that he does not have a big problem with this being deferred as long as it is to a , date certain. Gratwick wanted to know if that would change our race starting date in Bangor. Barrett said that the referendum is set to go into effect February � 23rd, 45 days after the start of the legislative session. The concern that the Committee has is that they don't want to be limited later on for overall legislation. Barrett said that Blanchette has pointed out that Bangor has a contractual arrangement with a company, in regard to the talk of the Penobscot and Passamaquoddy Tribes. Barrett said that a number of legislators have indicated that they recognize that the public had adopted a referendum and that the will of the people should be given great deference, and that they should limit their changes to the minimum necessary to provide an appropriate regulatory scene. Gratwick commended Barrett and other City staff for doing the work, so that Council is not obligated to attend the hearings. The meeting adjourned at 7:20 p.m. � �