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[0:22]
Good evening everybody. I'm going to
[0:23]
call the meeting to order. This is the
[0:25]
regular council meeting scheduled for
[0:27]
Monday, September 14th, 6 p.m. in the
[0:30]
council chambers. Present, we have
[0:32]
myself, Rick Effer Chase, mayor of city
[0:34]
of Newport. Council President Carter
[0:36]
Finnegan, Andrew Tuchet and John
[0:38]
Manette, both council members present in
[0:40]
the room. Council member Sharon Perry is
[0:42]
present online. City manager Joe Gunter
[0:46]
is with us in the room. Uh, city clerk
[0:49]
and treasurer Jim Johnson is here. Uh,
[0:52]
looking around the room, I don't think
[0:55]
we have anybody else in the room tonight
[0:56]
from staff. And Dave Rue is with us
[1:00]
who's our attorney from SPNF.
[1:03]
>> There's a little feedback. Is that
[1:05]
>> Yeah, I think it's
[1:08]
>> okay. Sorry. Right.
[1:11]
>> It's not
[1:20]
» I'll tell you what. Let's just turn
[1:21]
yours off for a few minutes.
[1:23]
>> Just push it back sometimes.
[1:26]
>> Yeah, it was that one.
[1:29]
>> Okay.
[1:32]
>> I want to apologize to those of you who
[1:33]
watched this meeting online because our
[1:36]
last meeting, I plugged the cord for the
[1:39]
recorder into something that was not to
[1:41]
supposed to receive a plug and the
[1:43]
battery lasted for about an hour and a
[1:44]
half and then just stopped. So, we still
[1:47]
had a recording of everything. We always
[1:48]
have a backup through the uh Google Meet
[1:51]
online and if you go on and look at it
[1:53]
on the NEKTV
[1:55]
uh YouTube, you'll discover that it just
[1:57]
kind of abruptly shifts from one kind of
[2:00]
camera work to another in there. That
[2:01]
was my fault.
[2:03]
Um uh do we have any additions and
[2:05]
deletions, council members? Anything you
[2:08]
want to add or delete? Sharon, you okay?
[2:11]
>> Nothing. Joe?
[2:12]
>> Yes, sir.
[2:13]
>> And Jim, anything from you? Okay. And I
[2:16]
don't have any additions or deletions
[2:18]
either
[2:18]
>> except for that one. Extra check
[2:20]
warrant.
[2:22]
>> Oh yeah, probably ought to just mention
[2:23]
that here. You're right. Good point. So,
[2:25]
we have a lot of AP warrants this time
[2:28]
and we had one that was distributed just
[2:30]
this morning uh for
[2:34]
uh it was uh for the 14th today. Um and
[2:38]
it's basically three bills that we owe
[2:41]
ourselves for water from the city of
[2:42]
Newport. uh totals $1,57.
[2:46]
So, we've added that to the list of on
[2:48]
the consent agenda. Thank you.
[2:52]
Uh before I take a vote on the consent
[2:54]
agenda, I want to say that um two
[2:58]
things. First of all, uh we have begun
[3:01]
trying to make the shift that we
[3:03]
discussed at our last meeting. Uh it was
[3:05]
the meeting regarding the charter where
[3:07]
we agreed that good practice and the
[3:10]
charter itself uh mean that we should
[3:13]
have uh signatures from all of the
[3:16]
council members or at least I think it's
[3:18]
three of the council members are
[3:20]
supposed to sign before we paid any
[3:22]
bills. There's been a long long time
[3:24]
that predated me that that has not been
[3:26]
happening. There was apparently an
[3:27]
action taken long before I came along uh
[3:30]
to say that there were exceptions to
[3:32]
that rule. We're doing our best to kind
[3:34]
of get ourselves back on that track. So,
[3:37]
tonight we have a lot of AP warrants
[3:40]
from the 21st of August, the 28th of
[3:42]
August, the 4th of September, the 11th
[3:45]
of September, another one on the 11th of
[3:48]
September, and yet another one on the
[3:49]
14th of September. We're doing all of
[3:51]
those tonight, none of which have had
[3:53]
checks paid out on them yet. So, um,
[3:56]
before I take that motion though, I will
[3:58]
also say that on the 4th of September,
[4:01]
that warrant, uh, includes a payment to
[4:04]
Newport Downtown Development, the annual
[4:06]
support that Newport Downtown receives
[4:08]
from the city of Newport of $30,000. So,
[4:11]
I have signed all of the AP warrants
[4:15]
except that one personally because of a
[4:17]
conflict of interest as director of NDD.
[4:21]
>> So, do I have a motion to approve the
[4:23]
consent agenda? So moved.
[4:25]
>> I have a motion. Do I have a second?
[4:26]
I'll second
[4:27]
>> and a second. Any discussion about any
[4:29]
of that?
[4:30]
>> Lori,
[4:31]
>> I have a question. I have a question.
[4:33]
>> Go ahead, Sharon.
[4:34]
>> I was just wondering on the 11 the
[4:37]
pressure reducing valve to the total of
[4:40]
$20,000. What's the story behind that?
[4:43]
>> Yeah. Joe, do you want to speak to that
[4:44]
one?
[4:45]
>> I wish I could.
[4:46]
>> Yeah, I can I can share a little bit
[4:48]
about that one. Um, this is
[4:51]
>> is that the parent street?
[4:52]
>> Yes. This is the item that everybody was
[4:54]
paying attention to in town around the
[4:57]
water that was being released
[4:58]
continuously for much of the summer uh
[5:00]
from the Fen Street uh fire hydrant. We
[5:03]
had an issue where the east side water
[5:05]
tower was, I'm sorry, the westside water
[5:08]
tower was overpressurizing people's
[5:10]
homes and putting them at risk. And so
[5:14]
we had to do a significant amount of
[5:15]
troubleshooting to figure that out. And
[5:17]
if I remember from when I looked at that
[5:19]
warrant, that was um a uh what's the
[5:22]
name of the company that we
[5:25]
>> Laramie, thank you. That was Laram
[5:28]
>> coming in to help us to try and
[5:29]
troubleshoot that. It took at least
[5:31]
three attempts at ordering parts,
[5:33]
replacing, and trying to fix it. And I
[5:35]
understand, Joe, if I'm correct, that's now resolved. Right.
[5:39]
>> As far as I know, yes.
[5:40]
>> To the best of your knowledge, it's not
[5:41]
running.
[5:42]
>> Yeah.
[5:42]
>> The fire hydrant has been shut down,
[5:44]
which is a good thing. So, but it was
[5:46]
yeah, it was a pretty challenging summer
[5:48]
with that.
[5:49]
>> Any other questions, Sharon, that you
[5:50]
have?
[5:51]
>> Thank you. No, that was my big one.
[5:52]
>> Thanks for asking,
[5:54]
>> Lori. Go ahead.
[5:57]
>> Uh, so in waiting to write any of those
[6:01]
checks, um, is are we going to run into
[6:04]
a risk of any kind of uh, you know,
[6:08]
extra payments or uh, penalties or
[6:10]
anything for not payment? And how is
[6:12]
that going to go forward in the future
[6:15]
uh with having to wait so long?
[6:17]
>> Good question. We are working on a plan
[6:21]
whereby uh Joe and Jim can notify the
[6:24]
council members if there's something in
[6:27]
between our regular meetings and there's
[6:29]
likely to be because we try to do AP
[6:31]
warrants once a week. So, on those off
[6:33]
weeks from council meetings, our
[6:35]
expectation is that uh Joe and Jim will
[6:37]
reach out to council members, ask if
[6:39]
they have any questions, and ask them to
[6:41]
either respond. I think we're
[6:42]
determining, we just need to double
[6:44]
check it to be sure, that we can do that
[6:46]
by email to respond and sign off on
[6:49]
them, and then it can go out over my
[6:50]
signature or Carter's as needed. So,
[6:53]
we're trying to come up with an interim.
[6:54]
In the meantime, nothing about these
[6:57]
bills, as far as I know, has been
[6:59]
delayed. We looked at some of them last
[7:00]
week and agreed they could afford to
[7:02]
wait this time.
[7:04]
Any other questions about the consent
[7:06]
agenda
[7:08]
hearing? None. I have a motion and a
[7:09]
second. All those in favor, please say
[7:10]
I. I.
[7:11]
>> Oppose? Nay. Motion carries. Thank you.
[7:15]
Next item on the agenda is public
[7:18]
comment for items that are not listed on
[7:20]
the agenda tonight. What do we got
[7:21]
there? Andrew,
[7:23]
>> Jay Walsh.
[7:26]
>> Great. Um, so Jay, I'll just remind you
[7:28]
and everyone else in the room, we tend
[7:30]
to ask folks to go for two minutes.
[7:31]
We'll give you a warning and then give
[7:32]
you another minute beyond that. Won't be
[7:34]
that long.
[7:39]
» Good evening. I'm Jay Walsh, resident
[7:42]
for Vermont. Um what I'm here today to
[7:47]
uh present is a
[7:49]
um
[7:51]
a violation of u pursuant to uh 1 VSA
[7:56]
314. It's an open meeting law violation
[7:59]
filing the formal complaint alleging
[8:01]
violation of the open meeting law.
[8:04]
Alleged violation is a warning for the
[8:06]
public hearing on the proposed charter
[8:08]
amendments amendments does not satisfy
[8:10]
the requirements of VS of one BSA 312
[8:15]
and set BSA 17 2642.
[8:20]
The warning bundles
[8:22]
multiple distinct charter changes into a
[8:24]
single article failing to specify
[8:27]
specifically indicate the business to be
[8:29]
transacted.
[8:31]
The separate articles are required by
[8:33]
2642. The warning does not provide
[8:36]
sufficient notice of the specific
[8:38]
questions to be voted on depriving the
[8:40]
public of a meaningful opportunity to
[8:42]
participate. Um my arguments go on uh
[8:48]
today are legal arguments. I'm not going
[8:50]
to read through them all. Uh they'll all
[8:52]
be posted. You'll have to respond to
[8:54]
them anyway. So I'll be presenting this
[8:56]
to the uh city uh clerk.
[8:59]
Thank you for your comments.
[9:02]
Are there any other people on the
[9:05]
list? Andrew, you would like to speak.
[9:07]
>> Teresa.
[9:17]
Hey everyone. Teresa Jer resident of
[9:20]
Newport and I just wanted to talk
[9:22]
briefly about the recent draft air
[9:24]
permit for the bleach treatment system
[9:28]
that they have in the Coventry landfill.
[9:30]
Um I went to the public meeting. I don't
[9:32]
know how many others here were able to
[9:34]
go. But I did want to say that in that
[9:36]
draft permit, the language that they
[9:39]
talk about are that the levels of toxic
[9:42]
contaminants that that are produced are
[9:46]
estimated
[9:47]
and they're not anticipated
[9:50]
to exceed regulatory levels. So they
[9:53]
pass this permit with no data, no
[9:56]
monitoring of what's going to happen.
[10:00]
and they claim that there is no
[10:01]
technology to monitor real time, but
[10:04]
that's not true either. So, I guess I'm
[10:08]
just a little concerned that perhaps the
[10:10]
state regulators are not really holding
[10:13]
the landfill to the level that they need
[10:15]
to be held to and providing a permit
[10:18]
without data to justify that permit. I
[10:23]
also went to the landfill oversight
[10:25]
meeting which was held September 2nd and
[10:29]
A couple of things that kind of piqued
[10:32]
my interest. One has to do with the odor
[10:36]
monitoring that they're doing. Third
[10:37]
party um twice a twice a week goes to
[10:41]
detect if there are offsite odors. This
[10:43]
is just a a sniff test. A human being
[10:46]
can smell it or not. There's no
[10:48]
equipment involved. And 63% of the time
[10:52]
that they have those inspections, odors
[10:54]
do go off site. So I asked the ACT 250
[10:57]
district coordinator,
[11:00]
what is the action level when something
[11:02]
has to be done? What percentage of the
[11:04]
time when they smell odors does it then
[11:06]
trigger an action level and there is no trigger. So
[11:12]
we could smell the landfill constantly
[11:15]
and there's nothing in place to improve
[11:18]
that situation.
[11:19]
The other thing that I I asked about the
[11:22]
um the folks from the Department of
[11:24]
Environmental Conservation Solid Waste
[11:27]
Management Group were there and they let
[11:29]
us know that oh yes, they're they did a
[11:31]
um I don't know if you were aware, but
[11:33]
they had several meetings last year to
[11:35]
talk about future disposal capacity for
[11:38]
the state of Vermont for the waste.
[11:41]
>> And they were they talked to people from
[11:43]
different states, they talked to people
[11:45]
in state. Um, and the bottom line in
[11:48]
their report is there is no plan for
[11:51]
another landfill in the state. They are
[11:54]
not going to evaluate another site.
[11:56]
They're not going to look into
[11:59]
anything but what we have here, which
[12:01]
they anticipate will be at full capacity
[12:04]
at 2045.
[12:06]
They may transport waste offsite.
[12:09]
It's too difficult to permit a landfill.
[12:13]
However, if a private company came to
[12:15]
them with a proposal
[12:19]
like Fella who might want to expand what
[12:21]
they have, they would entertain that.
[12:23]
So, I feel a little bit of a lack of
[12:26]
trust of the state. And I'm hoping that
[12:29]
if you're involved in any decisions like
[12:31]
that that you really read between the
[12:33]
lines and ask the right questions and
[12:35]
make sure we know what's happening
[12:37]
because right now there's just not a lot
[12:39]
of data.
[12:41]
>> Thank you.
[12:46]
Lori.
[12:54]
» Uh, it's Lori Graham, president of
[12:56]
Newport. Uh, I just wanted to bring to
[12:58]
the council's attention and the citizens
[13:01]
of Newport, uh, that we have a new, um,
[13:04]
group in town called Rule Vermont
[13:06]
Rising. It's part of a statewide uh
[13:09]
nonprofit, excuse me, nonpartisan group
[13:12]
of uh just everyday people who are
[13:16]
concerned about things that are
[13:17]
happening uh in our legislature
[13:19]
specifically started around um Act 250,
[13:22]
Act 181, and how that affects our
[13:25]
communities. Uh I know that Newport is
[13:27]
in a little bit different situation than
[13:29]
some of the smaller communities, but
[13:32]
important nonetheless. Um I am sort of
[13:35]
helping to get the group off the ground.
[13:37]
Uh how involved they'll be I'm not sure.
[13:40]
But I wanted people to be aware that um
[13:42]
we have had a couple of meetings locally
[13:45]
and we're looking at having uh hopefully
[13:48]
a larger meeting in mid to late October
[13:51]
locally um just to get people involved
[13:53]
and we'll be getting more information
[13:55]
out there. But I want I didn't want to
[13:57]
share that with the council.
[13:59]
>> Thank you.
[14:03]
Okay. Sorry, Adam. You have to sign up.
[14:05]
>> No, no, no. Not you. I was trying to get
[14:08]
I want to be on your your thing.
[14:10]
>> Okay.
[14:12]
Next item on the agenda item on the
[14:14]
agenda is the second public hearing to
[14:17]
consider proposed charter changes that
[14:19]
have been brought to us by the charter
[14:21]
task force from their work this summer.
[14:23]
Uh do I have a motion to to enter into
[14:26]
that public hearing? Second public
[14:28]
hearing.
[14:28]
>> I'll make that motion.
[14:30]
>> Motion and a second. Have a motion and a
[14:32]
second. Any comment, questions?
[14:36]
Hearing none, all those in favor, please
[14:38]
say I.
[14:39]
>> I oppose. Nay. We are in the second
[14:42]
public hearing.
[14:45]
So, uh, just a quick review for those
[14:47]
who weren't here, uh, at our last
[14:50]
meeting where we had the first public
[14:51]
hearing,
[14:53]
uh, we went through and literally read
[14:55]
every line of the proposed charter
[14:58]
changes and discussed them at some
[15:01]
significant length. And we had a list of
[15:03]
a few things at the end of that process
[15:05]
that we asked the charter task force to
[15:09]
convene and meet again about. And so
[15:11]
tonight, anything is on the table. If
[15:13]
there's someone in the community or on
[15:15]
the council who would like to bring up
[15:17]
anything we've already considered, you
[15:19]
are absolutely welcome to do that. We do
[15:21]
not intend to read the entire entire
[15:23]
charter line for line again the way we
[15:25]
did at the last meeting. But there's
[15:28]
plenty of opportunity to speak if anyone
[15:30]
would like to. So I think maybe the way
[15:33]
to do this Charlie and Sharon is to ask
[15:36]
you folks to report first on the things
[15:38]
that you had brought back to uh actually
[15:42]
hold on let me just ask a question of
[15:44]
the council and the task force. Um
[15:47]
Jennifer Hopkins has been kind enough to
[15:49]
bring us a couple of pages of her
[15:53]
entirely welcome nitpicking
[15:56]
and I say that with love. Um, Jennifer,
[16:00]
for those who don't know it, has an
[16:02]
eagle eye and she's really good at
[16:03]
making sure that we've got everything in
[16:05]
agreement with each other and
[16:06]
appropriately thing things are
[16:08]
appropriately capitalized, etc. She
[16:11]
suggested that we might want to just
[16:12]
take all of those at once and uh agree
[16:16]
on them and the council has seen a copy
[16:19]
of that document. I have it here in
[16:21]
front of me. And I think what we might
[16:23]
do is just review the uh changes that
[16:27]
she's proposing in this document. And I
[16:29]
think it might make most sense to do
[16:31]
that first and then to do the charter uh
[16:34]
report. And then Dave Rub, please
[16:37]
correct me if I'm wrong, but as I
[16:39]
understand it, if I read read through
[16:40]
these, we could then take action on all
[16:43]
of Jennifer's changes simultaneously at
[16:46]
with one motion. Is that correct?
[16:50]
Um, yes. Unless you want me to take a
[16:53]
look at it first, in which case you
[16:54]
might want to delay.
[16:57]
>> It's just capital.
[16:59]
>> So delay as in have you do I'm sorry.
[17:02]
Say that again, Sharon.
[17:03]
>> It's mostly punctuation and
[17:06]
s's and making sure that our grammar is
[17:09]
correct. Correct. Right, Jennifer?
[17:11]
>> It's a second one. Sharon, it's more
[17:13]
capitalizations.
[17:15]
>> Yeah.
[17:18]
Suffice it to say, what I mean is I
[17:20]
haven't had yet had time to review it
[17:22]
and um I think that you know I'm happy
[17:26]
to implement these uh in conjunction
[17:28]
with other changes suggested tonight. Uh
[17:32]
they don't necessarily have to be
[17:33]
approved tonight. They can be approved
[17:35]
uh when we approve the charter to
[17:37]
advance it for the special city meeting.
[17:40]
Uh as well not saying that I have
[17:42]
anything wrong or any concerns about
[17:44]
what was changed. I just haven't had the
[17:46]
opportunity to review it in conjunction
[17:48]
with the other uh changes that are going
[17:50]
to be made this evening.
[17:52]
>> Okay. So, let me just review a process
[17:53]
thing then for folks in the room who may
[17:55]
not who who definitely don't know kind
[17:57]
of what we have in mind. Our idea was
[17:59]
that we would do tonight what we did at
[18:00]
the last meeting, which is go through
[18:02]
and actually have the council act on any
[18:05]
final changes that we would like to see
[18:08]
and then uh we would give this document
[18:12]
over to Dave and his colleagues and they
[18:15]
would create a clean final draft for
[18:18]
everyone to for the council to look at the meeting on the 21st, a week from
[18:23]
tonight. And that's the point at which
[18:25]
the council would then take action to
[18:26]
approve the the proposed changes
[18:31]
um in the and as well as the language
[18:33]
that will be used to warn this item for
[18:36]
the November 3rd ballot. So, council
[18:40]
members, is it okay with you if we
[18:42]
simply give these uh punctuation and
[18:44]
kind of uh capitalization kind of
[18:47]
questions to Dave to include in that?
[18:52]
» Sure.
[18:52]
>> Yes.
[18:54]
Sharon, that worked for you
[18:58]
» because it's not it's not content,
[18:59]
right, Jennifer? It's it's grammar.
[19:01]
>> Yeah, correct. It's not content. None of
[19:03]
this is intended to be content. It it's also important to note, Rick, that
[19:09]
while we will have a clean version of
[19:10]
the charter uh ready for the next
[19:13]
meeting, there's also the law requires
[19:15]
us to have the amended form showing
[19:18]
changes to the from between the current
[19:21]
city charter and those that will be
[19:23]
before the council. That amended version
[19:25]
will also be in the polling in the
[19:27]
ballot box for everyone to review as
[19:29]
well as posted um once it's ready to go.
[19:31]
So, I just we need a little more time to
[19:34]
implement these changes and make sure
[19:35]
the documents are in their right form.
[19:37]
But I no particular concern or problem
[19:41]
with anything Jennifer is raising here.
[19:43]
>> Okay. If that's acceptable to everyone,
[19:45]
then we're just going to ask the firm to
[19:48]
take that on for us. Okay.
[19:50]
>> All right. Thank you. So, Charlie and
[19:53]
Sharon, where would you like to begin?
[19:57]
Um, having not having talked to Charlie
[20:00]
earlier,
[20:01]
>> I'm wondering if a logical place to
[20:03]
start would be our list
[20:05]
that we worked on when the task force
[20:08]
met last week
[20:11]
starting it was I believe starting with
[20:14]
section seven. It was all those areas
[20:17]
that you, Rick, and the council asked us
[20:20]
to look at
[20:22]
um to deal with some details.
[20:26]
>> Yes. So, for folks in the community who
[20:27]
are trying to follow along, if you had
[20:30]
the version that was put up online, this
[20:33]
was this was titled Charter Task Force
[20:36]
Updates, Tuesday, September 8th, 2026.
[20:39]
Do you all have that?
[20:41]
>> We need it.
[20:43]
>> Okay.
[20:44]
six six of them.
[20:46]
>> So, yeah. Uh, yes. So, let's begin then
[20:49]
with that document and section seven,
[20:51]
mayor and council members of city
[20:52]
council. Um,
[20:55]
I'll I'll just go ahead. We're going to
[20:57]
I'll read through these the way we did
[20:58]
last week. Okay? And then we'll ask if
[21:00]
council has any questions, task force
[21:01]
members have any questions, anybody in
[21:03]
the community has any questions, David
[21:06]
Rue has any questions, and then if they
[21:08]
don't, we'll take action on on each
[21:10]
section. So the first paragraph here
[21:12]
under the proposed change reads, "The
[21:14]
administration of all fiscal,
[21:16]
credential, and municipal affairs of
[21:17]
said city, and the government thereof
[21:20]
shall be vested in the mayor and council
[21:21]
members. There shall be four council
[21:23]
members who shall elect one of their
[21:25]
number president of said council. The
[21:27]
mayor and the council members in their
[21:29]
joint capacity shall be called the city
[21:31]
council. In the event that the mayor's
[21:34]
office becomes vacant, the president of
[21:36]
the council shall assume the duties of
[21:38]
the mayor until the next annual or
[21:40]
special meeting is held, the mayor and
[21:42]
council members shall be sworn to the
[21:44]
faithful performance of their duties.
[21:46]
And this last sentence I'm about to read
[21:47]
is new. With the exception of acting as
[21:50]
a volunteer firefighter, the mayor and
[21:52]
coun city council shall not be otherwise
[21:55]
employed by the city.
[21:58]
Any questions about what I've read so
[22:00]
far?
[22:02]
I can just add that where that came from
[22:04]
was as we were as a task force reviewing
[22:09]
um we realized that when we went back
[22:12]
and looked at sections that we struck
[22:14]
through in the original charter that we
[22:17]
hadn't really talked about the fire
[22:18]
department a whole lot and and we it's
[22:23]
always been practice not to have a
[22:26]
council member who is employed by the
[22:28]
city but it doesn't state that anywhere
[22:30]
in the charter. So that's where that
[22:32]
line came from.
[22:34]
>> Okay. Charter members, task force
[22:37]
charter, anybody want to comment on this
[22:39]
in any way?
[22:41]
>> Are there comments from the community?
[22:43]
Anybody like to speak to this? Jennifer
[22:45]
Hopkins.
[22:46]
>> Just a correction. Okay.
[22:54]
» Jennifer Hopkins. The last line should
[22:56]
say not city council but council members
[23:00]
of what your the addition
[23:07]
» can say for the other ones.
[23:10]
>> Yeah, the rest of the paragraph
[23:12]
specifies
[23:12]
>> it matches the rest
[23:14]
>> city and council members. She's right.
[23:17]
>> Shall not be otherwise employed by the
[23:18]
city. Thank you, Jennifer.
[23:20]
>> We missed that. We talked about that.
[23:23]
And
[23:24]
>> yeah, I just wanted
[23:27]
>> take your time
[23:31]
and uh city of Newport. Um I wasn't
[23:34]
clear. We're not you know we we talk
[23:38]
about these things and then I I'm not
[23:39]
sure uh who's included in volunteer
[23:43]
firefighter.
[23:45]
um we have a fire chief and then I think
[23:48]
we have two people who are in positions
[23:53]
um of some salary uh under him and then
[23:58]
we have uh a series of volunteer
[24:01]
firefighters as well and I just wanted
[24:03]
to know who's included uh in this and
[24:07]
who's accepted in this
[24:10]
>> good question the only person who is
[24:13]
receiving a salary other in the
[24:15]
volunteer stipen that's paid when
[24:17]
someone is on a call. There there are
[24:19]
two people actually. One is the chief
[24:22]
and the other is the position we call
[24:24]
administrative firefighter which is a
[24:26]
full-time position.
[24:27]
>> So there are other leadership positions
[24:30]
that are are they appointed or elected?
[24:33]
Appointed by the chief or elected by the
[24:35]
members?
[24:36]
>> Elected by the members to serve as
[24:38]
assistant chief, captain. Help me with
[24:40]
the hierarchy and
[24:42]
>> uh and lieutenants. and lieutenants, but
[24:44]
none of those are compensated positions
[24:46]
beyond the normal compensation one would
[24:48]
receive going on a call. Okay, that's a
[24:51]
great question. Thank you.
[24:52]
>> So, should we specify that in here?
[24:56]
>> That's what I was going to suggest. the
[24:58]
paid. So, so the chief and the
[25:00]
administrative,
[25:02]
the fire chief, any any paid
[25:06]
different than a volunteer firefighter
[25:08]
because
[25:10]
there's only two positions that are that
[25:12]
are considered paid, which is the the
[25:15]
chief and
[25:17]
the fire admin assistant.
[25:20]
Thank you, David. Do you have a
[25:21]
recommendation about that?
[25:34]
Um,
[25:38]
wonder would you, Andrew, would you
[25:40]
classify volunteer firefighters as like
[25:43]
officers? Is that the right level? Or or
[25:46]
lieutenants? I I just don't I want I want to describe
[25:52]
everybody below the chief and uh the
[25:55]
administrative firefighter basically.
[25:57]
>> So I would just I would specify chief
[25:59]
and firefighter
[26:01]
uh admin assistant because they are paid
[26:06]
separately. anyone. I guess maybe you
[26:08]
could you could word it as paid more
[26:11]
than voluntarily or I I I don't know how you could
[26:17]
>> Isn't there a section
[26:18]
>> except with the exception of
[26:21]
>> Yes, that's right.
[26:21]
>> If we're going to do that, then you've
[26:23]
got to put in the chief of police and
[26:25]
you've got to put in every other
[26:26]
employer.
[26:26]
>> You're absolutely right, Sher. That's
[26:28]
something to be careful of. Charlie, do
[26:29]
you want to speak to this? And if so,
[26:30]
please use the mic.
[26:32]
Yeah, I mean I don't I didn't get right
[26:35]
to it, but I'm pretty sure there is in here um where the fire chief
[26:40]
and or department heads cannot be
[26:45]
on the city council. So that's already
[26:48]
covered. The fire chief because he's a
[26:51]
department head. U
[26:54]
so
[26:57]
that that's the only one.
[27:00]
So, so I don't I mean I don't really
[27:02]
know. I
[27:03]
>> So they're called firefighters, right?
[27:06]
>> Every everyone's a firefighter and then
[27:09]
>> then you have officers.
[27:11]
>> But it's also true if I understand it
[27:13]
correctly that the
[27:14]
>> but they're not they're not the charter.
[27:16]
Maybe it's I was going to suggest maybe
[27:18]
we say instead of we say not shall not
[27:21]
be otherwise employed or u
[27:25]
be given a salary by the city or be paid
[27:27]
a salary by the city something like that
[27:30]
because that's the difference between
[27:31]
the administrative firefighter and a
[27:33]
volunteer. volunteer gets a stipen. Yes.
[27:35]
But they don't have a salary.
[27:37]
>> Salary, right?
[27:39]
>> About with the exception of acting as a
[27:45]
non salary volunteer firefighter, the
[27:48]
mayor in the city.
[27:52]
» Yeah, that's fine with me.
[27:54]
>> Actually, I think that's a simple fix.
[27:55]
We just add that word. with the
[27:57]
exception of acting as a non-salaried
[27:59]
volunteer
[28:00]
firefighter. The mayor and council
[28:02]
members shall not be otherwise employed
[28:04]
by the city.
[28:07]
>> Council members, you ever thought about
[28:08]
that?
[28:11]
» Anybody else in the community want to
[28:12]
raise questions?
[28:15]
>> I just was looking up on the state
[28:17]
statutes. Not that I'm pretending to
[28:19]
know, but just using control F. And it
[28:22]
sounds like there's like written rules
[28:24]
on who the officers are and the firemen,
[28:28]
but instead of like relying on state
[28:31]
statute language, I think this is more
[28:34]
clear and straightforward. So,
[28:35]
>> okay. All right. So, I'm going to read
[28:37]
it one more time so we're clear about
[28:39]
what we're voting on. Um, we haven't
[28:41]
taken a motion on this yet, have we? So,
[28:43]
I'm going to read it and invite a
[28:44]
motion. So, um, with all of the
[28:47]
paragraph up until that last sentence,
[28:49]
as I read it earlier, then with the
[28:51]
additional sentence, with the exception
[28:53]
of acting as a non- salaried volunteer
[28:55]
firefighter, the mayor and council
[28:57]
members shall not be otherwise employed
[28:59]
by the city.
[29:00]
>> I have a motion.
[29:02]
>> I'll second
[29:03]
>> and a second.
[29:04]
>> I'll recuse myself.
[29:05]
>> And Andrew is choosing to recuse
[29:07]
himself. Any other comments?
[29:09]
>> Don't forget, we have a second
[29:11]
paragraph.
[29:11]
>> I'm I'm going to and I want to do these
[29:12]
one at a time because they're different
[29:14]
topics. Okay.
[29:15]
>> Okay.
[29:15]
>> All those in favor, please say I.
[29:17]
>> I. Oppose. Nay.
[29:20]
>> Motion carries. And Jim, if you could
[29:22]
please note the abstension on that vote
[29:24]
as well.
[29:26]
Okay. Moving on to the second paragraph
[29:28]
under section seven. The proposal from
[29:30]
the task force reads, "The mayor and
[29:32]
council members shall receive
[29:34]
compensation as follows. Mayor $5,000,
[29:37]
president of the council $3,500, and
[29:40]
each council member $3,000.
[29:43]
Beginning with the next fiscal year and
[29:45]
annually thereafter, these compensation
[29:47]
amounts shall be adjusted by the
[29:49]
percentage change in the consumer price
[29:51]
index for all urban customers CPI-U
[29:56]
applicable to Vermont as measured as of
[29:58]
January 1 of the budget year. Any
[30:00]
adjustment shall take effect at the
[30:02]
beginning of the following fiscal year.
[30:04]
Are there any questions about that
[30:05]
language? Council members,
[30:09]
>> I asked for specificity.
[30:11]
There there's our specificity.
[30:13]
>> Charter task force members, you all okay
[30:15]
with that?
[30:15]
>> No.
[30:16]
>> Okay.
[30:16]
>> I just want to thank Joe for helping me
[30:18]
with that part.
[30:19]
>> Thank you, Joe.
[30:20]
>> Dave, you're okay with with the language
[30:22]
that's being proposed there?
[30:24]
>> Um, I'm fine. I I would suggest
[30:26]
replacing applicable to Vermont with
[30:28]
Northeast because that's the actual
[30:30]
study region. It's the CPIU Northeast,
[30:33]
but I'm fine with applicable to Vermont
[30:36]
as well in case they change the reasons.
[30:38]
>> Okay. Okay. So, we'll just leave it as
[30:40]
is.
[30:42]
>> Okay. Council, uh, folks in the
[30:44]
community, any concerns or questions
[30:45]
you'd like to raise about this?
[30:48]
>> Hearing none, I'll I'll accept a motion
[30:50]
to change that paragraph as read.
[30:52]
>> I'll make that motion.
[30:55]
>> A second.
[30:55]
>> Have a motion and a second. All those in
[30:57]
favor, please say I.
[30:59]
>> I.
[31:00]
>> Oppos? Nay. Motion carries.
[31:04]
>> Great.
[31:05]
>> Done. And thank you to the task force
[31:09]
and to Sharon in particular for the way
[31:11]
you keep bringing us really clear
[31:13]
recommendations. This is very helpful.
[31:15]
Next section in the recommendations is
[31:17]
section nine. Uh mayoral approval and
[31:20]
council members reconsideration of
[31:22]
vetoed actions to read as follows. The
[31:25]
action of the council members shall
[31:27]
require the approval of the mayor except
[31:29]
as herein otherwise provided for the
[31:31]
enacting of all ordinances and bylaws in
[31:34]
the awarding of any contracts, the
[31:35]
appointment of any officers or
[31:37]
committees, or the passing of any
[31:38]
resolution. If the mayor shall approve
[31:42]
any ordinance, bylaw, resolution,
[31:43]
appointment, or contract made or voted
[31:46]
by the city council,
[31:48]
the same shall be reduced to writing and
[31:50]
the mayor shall sign the same. If the
[31:53]
mayor does not sign the saying, the
[31:55]
mayor shall return it with objections in
[31:58]
writing to the council members at the at
[32:00]
their next regular meeting, provided the
[32:02]
mayor shall have not less than one week
[32:04]
to consider such ordinance, bylaw,
[32:06]
resolution, appointment, or contract.
[32:08]
The council members shall then proceed
[32:10]
to consider such ordinance, bylaw,
[32:12]
resolution, contract, or appointment.
[32:14]
And if upon such reconsideration,
[32:16]
three4s of the whole number of council
[32:18]
members shall vote in favor of the same,
[32:20]
it shall be valid and take effect.
[32:22]
Notwithstanding the objection of the
[32:23]
mayor, if any such ordinance, bylaw,
[32:26]
resolution, appointment, or contract
[32:28]
shall not be returned by the mayor to
[32:30]
the council members at their next
[32:31]
regular meeting after the period of one
[32:33]
week has elapsed following receipt. It
[32:36]
shall be valid and take effect without
[32:38]
the mayor's approval. Are there any
[32:41]
questions about that language? It's all
[32:43]
designed I think I see Danny's handiwork
[32:45]
here. Um, it's all just been designed to
[32:48]
clean up inconsistent language.
[32:51]
>> And the big thing the council asked us
[32:53]
to do last time was to eliminate gender
[32:56]
of the he and the she's.
[32:59]
>> Yes.
[32:59]
>> And that's what basically other than
[33:03]
changing alderman to council members,
[33:06]
getting rid of the he and she's this is
[33:07]
the original section from the charter
[33:10]
that we are all living by now.
[33:13]
>> Well, I'll make a motion to approve this
[33:14]
section. I have a motion to approve.
[33:16]
>> I'll second.
[33:17]
>> And a second. Any other conversation?
[33:21]
>> All those in favor, please say I.
[33:24]
>> I.
[33:25]
>> Sharon, you with us?
[33:27]
>> Oh, sorry. I
[33:28]
>> oppose. Nay.
[33:30]
>> Motion carries. Thank you very much.
[33:33]
Section 10,
[33:36]
police services and fire protection
[33:38]
services.
[33:40]
I'll just go ahead and read it even
[33:41]
though there's no change to the first
[33:42]
paragraph, just in addition of a second
[33:44]
paragraph. The city of Newport shall
[33:46]
provide for police services and law
[33:47]
enforcement coverage within the city.
[33:49]
Such services may be provided through a
[33:51]
city operated police department or
[33:53]
through a contract, intermunicipal
[33:56]
agreement or other lawful arrangement
[33:58]
with another qualified law enforcement
[34:00]
agency, including the Vermont State
[34:02]
Police or a county sheriff's department.
[34:05]
All police officers shall be qualified
[34:07]
as per statute and shall have the
[34:10]
authority to serve anywhere within the
[34:11]
state.
[34:13]
And then this material I'm reading next
[34:15]
is is a potential addition. The city of
[34:18]
Newport shall also provide for fire
[34:20]
protection services within the city.
[34:22]
Such services may be provided through a
[34:24]
city operated fire department or through
[34:26]
a contract intermunicipal agreement or
[34:29]
other lawful arrangement with another
[34:31]
qualified fire protection agency.
[34:34]
Uh why don't I just take a motion to put
[34:36]
that on the table?
[34:37]
>> So move.
[34:38]
>> Do I have a second? I'll
[34:39]
>> second.
[34:39]
>> Okay. Council members, do you have any
[34:41]
questions about this?
[34:44]
I can just add ahead. I can just add the
[34:47]
reasoning behind this one was again as
[34:49]
we were doing a final review last week,
[34:52]
>> we covered ourselves with the police
[34:53]
services, we struck through everything
[34:56]
about a fire department because of the
[34:58]
old oldfashioned language,
[35:01]
but we felt strongly that we need to
[35:04]
make sure that um we speak of a fire
[35:08]
protection so that we don't know what we
[35:10]
don't know. And if we need to contract
[35:12]
out some here, who knows? At least we're
[35:14]
covered.
[35:16]
>> Thank you, Sharon. Charter task force
[35:18]
members, anything to add?
[35:20]
>> Are there any questions or concerns from
[35:22]
folks in the community?
[35:25]
>> Hearing none, I have a motion and a
[35:26]
second. All those in favor of the
[35:28]
>> Oh, hold on, Rick.
[35:29]
>> Oh, I'm sorry, Dave. I should have come
[35:30]
to you.
[35:31]
>> Um, I'd like to add subsections A and B
[35:33]
before each of the paragraphs.
[35:36]
Oh, just to make it an A and a B in
[35:39]
front of the city of Newport shall
[35:40]
provide for publicly services and B the
[35:43]
city of Newport shall provide for fire
[35:45]
protection services.
[35:46]
>> Correct.
[35:49]
» Uh amendment.
[35:51]
>> Maker and and seconder. We're okay with
[35:53]
that?
[35:54]
>> Yes.
[35:55]
>> Okay. Everybody's okay with that change.
[35:56]
Thank you, Dave.
[35:58]
>> All those in favor of the changes as
[36:00]
proposed with this slight amendment from
[36:02]
Dave Rue, please say I.
[36:04]
>> I. Any opposed? Any opposed? Nay. That
[36:07]
motion carries.
[36:09]
>> Okay. Moving on to city expenditures.
[36:14]
» Except as herein otherwise provided, no
[36:17]
money shall be paid out of the city
[36:18]
treasury except upon warrant signed by
[36:20]
the mayor and approved by council
[36:22]
members, such approval to be
[36:24]
authenticated by the city clerk.
[36:27]
When bills or other obligations are due
[36:30]
prior to the next regularly scheduled
[36:32]
meeting of the council and waiting until
[36:34]
such a meeting would result in a missed
[36:36]
payment due date, the council may review
[36:38]
and approve the applicable warrants
[36:40]
electronically. Electronic approval
[36:43]
shall require the affirmative approval
[36:45]
of at least three council members and
[36:47]
shall be ratified at the next regularly
[36:49]
scheduled council meeting. Then it goes
[36:51]
on with the original language. A full
[36:53]
record of all expenditures shall be kept
[36:55]
and a clear statement of all receipts
[36:57]
and dispersements of city monies and of
[36:59]
the affairs of the city generally shall
[37:01]
be annually published under the
[37:02]
direction of the city council at least
[37:04]
two weeks before the annual city
[37:06]
election. No city official shall be
[37:08]
directly or indirectly interested in any
[37:11]
contract with the city.
[37:15]
Let's just do comments and questions
[37:16]
before we put it on the table and have
[37:17]
to change it around. Anything council
[37:20]
members want to ask or add about this?
[37:26]
» This basically just formalizes the
[37:28]
practice of trying to look at the
[37:30]
warrants ahead of time, approve them
[37:31]
ahead of time.
[37:32]
>> Yes. And it creates a way to do so in
[37:37]
between council meetings that is less
[37:40]
burdensome for the council members.
[37:44]
>> Charter task force members. I'll just
[37:47]
because I pretty much drafted this I
[37:49]
think. So, um yeah, so the last meeting
[37:53]
we we were we were talking about it and
[37:55]
it came up again at the beginning of
[37:57]
this about warrants and not being able
[38:00]
to pay them. And I mean I think the
[38:02]
problem last meeting was why don't we
[38:04]
get into the 21st century and use what's
[38:07]
available to us. I did look up what some
[38:11]
of this I didn't just make take this out
[38:13]
of the sky. I wish I was that smart, but
[38:16]
So, but there are other communities that
[38:18]
have incorporated electronic
[38:20]
signatures to do so. So, it still holds
[38:23]
everybody accountable. It just gives you
[38:25]
the ability to pay bills as long as
[38:27]
everybody is aware of it up front and
[38:30]
pay for it. You still have to ratify the
[38:32]
next week.
[38:33]
>> Thank you.
[38:35]
That's true.
[38:37]
>> Any questions, council members, folks in
[38:40]
the community?
[38:41]
>> Go ahead, Sharon. Just just to add to
[38:44]
our to um it kind of goes with what Lori
[38:47]
was saying. This also prevents us from
[38:49]
having late fees.
[38:51]
>> Great.
[38:53]
>> Okay. Jennifer,
[38:57]
>> want me to introduce myself again?
[39:00]
>> For the record, Jennifer, who are you?
[39:01]
>> Jennifer,
[39:03]
>> city council city.
[39:05]
>> Uh well, no, you've got one
[39:06]
capitalization there. There's three
[39:08]
council members on M. But the more
[39:11]
important is the last line which is uh
[39:15]
no city official shall directly or
[39:18]
indirectly be uh interested in any
[39:20]
contract. The question is what is a city
[39:23]
official and also is this is sort of the
[39:27]
mushy language
[39:29]
and so I think you have to define city
[39:32]
official which is not defined in there
[39:35]
and somebody like a lawyer could work on
[39:38]
mushy language. I think that's the old
[39:40]
charter.
[39:40]
>> It is the old chart.
[39:41]
>> It is the old charter. You're asking us
[39:42]
to try and clean it up.
[39:43]
>> Yeah, that's what you did with the rest
[39:45]
of the charter and I thought
[39:48]
>> Yeah.
[39:48]
>> Drew, do you have a recommendation about
[39:50]
how we could how we could clean that up
[39:52]
a little bit and make it clear the
[39:53]
elected city official?
[39:57]
>> I would actually recommend that you
[40:00]
should delete that sentence because the
[40:02]
municipal code of ethics already covers
[40:04]
situations like that and it defines
[40:06]
who's subject to it as well.
[40:12]
So, we have a recommendation. Go ahead,
[40:14]
Sharon.
[40:15]
>> No, I just I missed that. Delete which
[40:19]
sentence, Dave.
[40:20]
>> Um, the last sentence that Jennifer has
[40:23]
an issue with, which says no city
[40:24]
official shall be directly or indirectly
[40:27]
interested in any contract with the
[40:29]
city.
[40:30]
>> Okay.
[40:31]
The municipal code of ethics prohibits
[40:34]
uh any official as defined by statute
[40:38]
from
[40:40]
having a culminary game as a result of
[40:43]
their position at in the city.
[40:46]
>> And I'm guessing so when that was put in
[40:48]
back in 1918, it was probably a big deal
[40:50]
and
[40:51]
>> and there were no conflict of interest
[40:52]
policies or anything else around at that
[40:54]
time.
[40:55]
>> Yeah.
[40:57]
Well, yeah. I mean, most of what was in
[40:58]
the original charter went in because
[41:00]
there were no other rules or
[41:02]
regulations. That's why the city did
[41:04]
everything from regulate slaughter
[41:06]
houses to to this or whatever. There
[41:09]
simply was no other regulation.
[41:12]
>> Okay. So, we have a proposal that we
[41:13]
have not yet put on the table to strike
[41:16]
the last sentence in this section. Are
[41:18]
there any comments from charter task
[41:19]
force members?
[41:20]
>> Yeah, I'll just give you another option.
[41:22]
You could put no elected city official
[41:25]
and keep and keep it in. I mean, I I'm I
[41:28]
don't die on this hill either way, but
[41:30]
you want to keep the old language of the
[41:32]
charter in there as much, then just add
[41:35]
that.
[41:36]
>> I I was just going to say I appreciate
[41:38]
you elevating this issue because I I
[41:41]
don't know how to describe indirectly
[41:43]
interested. Like I don't know what to do with that. So, I
[41:49]
would propose to strike the sentence and
[41:52]
I don't know if anybody else wants to
[41:54]
join me on that motion.
[41:55]
>> Second.
[41:55]
>> I'll second.
[41:56]
>> All right.
[41:56]
>> Okay. We have have a renegade motion and
[41:58]
a second on the table.
[42:00]
>> Are there any other comments or
[42:02]
questions from the community?
[42:05]
>> Okay. I have a motion and a second to
[42:07]
strike the sentence upon advice of our
[42:09]
city attorneys. The sentence being no
[42:12]
city official shall be directly or
[42:13]
indirectly interested in any contract
[42:14]
with the city. All those in favor,
[42:16]
please say I. I
[42:18]
>> I
[42:18]
>> oppose. Nay.
[42:20]
>> That motion carries.
[42:22]
>> And if it's appropriate, I'll make a
[42:23]
motion to approve article 18 as
[42:26]
presented here with the change we just
[42:28]
made.
[42:29]
>> Okay. So, we have a motion and we have a
[42:32]
second.
[42:32]
>> If you want to
[42:34]
>> I'll capitalize
[42:37]
that separately.
[42:38]
>> Which the can
[42:40]
>> which M was that?
[42:41]
>> The um
[42:43]
>> the last sentence of Oh, wait.
[42:46]
Next,
[42:47]
>> three council members have bold.
[42:49]
>> Yeah.
[42:50]
>> Okay. Let's just call that a friendly.
[42:52]
>> Okay. Just making sure it's on the
[42:54]
>> Okay.
[42:54]
>> So, do I have a second, Carter?
[42:57]
>> Yes.
[42:57]
>> All right. I have a a motion and a
[43:00]
second to approve this section as
[43:02]
presented with two changes. One is the
[43:05]
capitalization of the M in bold in next
[43:08]
to last line of the bold text where it
[43:10]
says three council members. And the
[43:12]
second is to delete the last line of the
[43:15]
section. Are there any questions or
[43:18]
concerns?
[43:21]
Members of the community
[43:23]
hearing? None. All those in favor,
[43:24]
please say I.
[43:25]
>> I. Oppose. Nay.
[43:27]
>> That motion carries.
[43:30]
>> Okay. Before we start on section 20, I'm
[43:33]
going to ask
[43:35]
Sharon or Charlie or somebody from the
[43:37]
task force to uh give us a quick summary
[43:40]
of a three and a half hour long meeting
[43:42]
that took place on Tuesday that
[43:44]
eventually ended us up back back where
[43:46]
we began. So, somebody want to speak to
[43:48]
this and give a little context for us?
[43:52]
>> Well, I can start, Charlie, then you
[43:55]
open.
[43:57]
I just want to remind the council
[44:01]
and the public that none of the words in
[44:05]
front of you went onto the this paper
[44:08]
lightly.
[44:09]
Section 20 when we first looked at it in
[44:12]
August dur end of July of August we
[44:16]
spent a total of four straight hours on
[44:20]
just that one section.
[44:23]
Last week we spent another hour and a
[44:27]
half or two hours on just that section.
[44:31]
We had some great conversation. We had
[44:34]
some debating. We had some having we
[44:37]
were it was very respectful.
[44:40]
I will say that
[44:42]
um I want to say that we did our
[44:44]
absolute best even if we didn't always
[44:47]
agree
[44:50]
to try to represent the city of Newport
[44:53]
and the voters of Newport
[44:56]
remembering that all of us are taxpayers
[44:58]
and voters of Newport as well. So when
[45:01]
we look at 20 again,
[45:04]
um I just want everybody to know that
[45:07]
this was not done lightly. It was done
[45:11]
with a lot of thought and a lot of what
[45:15]
do the people of Newport wish for?
[45:19]
What do we as taxpayers hope for?
[45:23]
What do we all want to live with?
[45:28]
» And I think I'll stop there. Thank you,
[45:30]
Shirley.
[45:32]
>> Charlie.
[45:33]
>> Yeah. Yeah, this is this one was a lot
[45:36]
of fun.
[45:37]
>> No,
[45:40]
>> fun isn't the word I do. So,
[45:44]
>> I think I think in the end, we just
[45:47]
decided that um
[45:50]
you know, we have a we have a pretty
[45:51]
poor history here of of
[45:55]
overspending.
[45:58]
um putting us in debt and it's a pretty
[46:02]
recent history of trying to decide how
[46:04]
to deal with it. And I uh I firmly
[46:08]
believe that some of the reason the
[46:11]
original
[46:13]
proposal went down was because it
[46:15]
allowed too much
[46:20]
trust in who we elected.
[46:23]
um after just going through
[46:27]
years of giving us reasons not to trust
[46:30]
them. So um we also took into
[46:34]
consideration what about an emergency
[46:36]
situation? So we had changed things and
[46:38]
we've gone back and forth. So there is a
[46:41]
clause in here that does allow for
[46:44]
emergency situations for the council to
[46:46]
go out.
[46:48]
So, um, and hazard situations and there
[46:53]
are other options in here, but in the
[46:58]
end, we just all got back to, you know
[47:00]
what, everybody's going to stay within
[47:03]
our budget. Cities should stay within
[47:06]
theirs. If they know ahead of time that
[47:10]
they've had a $40,000 increase, which is
[47:12]
one of the things I brought up in an
[47:14]
insurance premium that they didn't
[47:16]
anticipate when they did the budget.
[47:18]
Well, then they know they're going to
[47:19]
have to hold the meeting down the road.
[47:21]
So, just don't let yourself get into the
[47:23]
position where you spend all the money
[47:26]
or the anticipated money before you deal
[47:28]
with the problem that's there. So, we're
[47:31]
hoping you have the foresight to
[47:34]
see the problems coming
[47:37]
and if they're reasonable
[47:39]
and there's something that the city
[47:41]
really needs, I think the voters will
[47:42]
approve it. And I So, we ended up going
[47:46]
back to our original
[47:48]
um
[47:51]
language
[47:53]
>> and I and I think um you know I don't
[47:57]
think it's going to be all that
[47:58]
cumbersome. I dealt with it for four
[48:00]
years. Um when you have a problem, you
[48:04]
should know about it. I can't imagine a
[48:06]
situation that's going to come up
[48:10]
that you're not going to have time to to
[48:13]
hold a meeting um when you have other
[48:17]
options. I mean, you do have fund
[48:18]
balances. One of the things it does do,
[48:21]
if you go down a little further in
[48:23]
there, it does require you to address
[48:26]
this down the road. So we can't have
[48:29]
debt rolled over year after year after
[48:33]
year and then all of a sudden compiled
[48:35]
into one big million dollar bill. So So
[48:38]
that's why we did it and I think that's
[48:41]
probably
[48:43]
the number one important reason
[48:46]
um that citizens didn't vote for the
[48:49]
last one. So
[48:52]
I suggest that you change this at your
[48:54]
peril. I guess that's my
[48:58]
Thank you, Charlie. Yeah.
[48:59]
>> So, what I'm going to recommend is that
[49:01]
I'd like to read the language as it's
[49:03]
proposed and then I know that our city
[49:06]
attorney has at least one or two
[49:09]
comments that he would like to make and
[49:12]
then we'll have the council respond to
[49:14]
those comments and kind of put ourselves
[49:16]
on record about where we are and then
[49:17]
we'll see if there are any other folks
[49:19]
in the community who would like to speak
[49:20]
following that. Okay.
[49:22]
So here's how the charter task force
[49:25]
would like us to manage the new section
[49:27]
20 revenue credits credit and
[49:30]
appropriations current revenues of the
[49:32]
city shall consist of money raised by
[49:34]
taxation fines and other lawful sources.
[49:38]
These revenues shall constitute the
[49:39]
amount from which appropriations and
[49:41]
payments are to be made according to law
[49:44]
by or under the authority of the city
[49:45]
council. All appropriations for specific
[49:48]
purposes made at any annual or special
[49:51]
meeting in the city shall unless
[49:53]
otherwise directed by the voters be paid
[49:56]
out of current revenues for that year
[49:58]
and shall be deemed as expenditures by
[50:00]
the city council. The city council shall
[50:02]
not exceed in expenditures the
[50:04]
anticipated revenues of the city during
[50:07]
the fiscal year. The city council
[50:09]
without special direction of the voters
[50:11]
of the city shall not draw, sign, or
[50:14]
approve warrants to pay expenditures or
[50:16]
appropriations in excess of anticipated
[50:19]
revenues. If the anticipated revenues of
[50:22]
the city have been expended before the
[50:24]
end of the fiscal year and necessary or
[50:26]
desirable expenditures need to be met,
[50:28]
additional expenditures shall not take
[50:30]
effect unless approved by a majority
[50:32]
vote at a duly warned special meeting.
[50:35]
At least seven days prior to that to the
[50:37]
special meeting, the city council shall
[50:39]
hold at least one publicly warned
[50:41]
informational meeting to present the
[50:43]
proposed expenditure, explain the
[50:45]
reasons for the deficit, and provide an
[50:48]
opportunity for public questions and
[50:49]
comment. The city council may authorize
[50:52]
and incur short-term indebtedness
[50:54]
without voter approval when such
[50:56]
indebtedness is incurred in anticipation
[50:59]
of the receipt of taxes and is fully
[51:02]
repaid within the same fiscal year in
[51:04]
which it is issued. A no long-term
[51:07]
indebtedness or other obligation
[51:09]
extending beyond the fiscal year shall
[51:12]
be incurred unless first approved by a
[51:14]
majority of the legal voters voting
[51:16]
thereon at a duly warned meeting or
[51:18]
election. B. Not sub not notwithstanding
[51:22]
subsection A of this section. In the
[51:24]
case of all hazard events as defined by
[51:27]
state statute, the city council may
[51:30]
borrow for up to 5 years of debt service
[51:32]
to fund emergency infrastructure or
[51:34]
service restoration.
[51:37]
C. The total indebtedness of the city
[51:39]
shall not exceed 10% of the total
[51:42]
assessed value of the city's grand list.
[51:47]
So, I'm gonna turn to you, Dave. I know
[51:49]
you've got at least one or two comments
[51:51]
you'd like to make about this for the
[51:53]
council's consideration.
[51:56]
>> Yes. Thanks, Rick. I have three
[51:58]
comments. The first two are are pretty
[52:01]
straightforward. Um, for the easiest
[52:04]
first in subsection A, I don't think we
[52:07]
need to say or election. anytime there's
[52:10]
a a special meeting uh to elect city
[52:14]
officers, it's a special meeting. U you
[52:17]
don't need to have election in there. Um
[52:20]
second,
[52:21]
uh I think that throughout subsection,
[52:26]
the the first section, the first
[52:28]
paragraph,
[52:29]
uh we should be using anticipated
[52:31]
revenues of the city and not current
[52:35]
revenues. It's not a deficit spend
[52:39]
unless you're exceeding anticipated
[52:42]
revenues throughout the fiscal year. Um,
[52:45]
you know, you could in theory exceed
[52:47]
current revenues all the time, but when
[52:49]
you get t the tax installments come in,
[52:52]
uh, you will you will not have been
[52:54]
accused of deficit spending and you will
[52:56]
not have been deficit spending. So I
[52:58]
think the appropriate word which is I
[53:00]
think a change to the current charter is
[53:02]
to talk about anticipated revenues
[53:04]
instead of current. Um the last one
[53:08]
which is bigger and I know I've raised
[53:10]
it before um is our our legal advice
[53:15]
that this short-term indebtedness should
[53:17]
have a term of no longer than one year
[53:20]
consistent with uh existing state law
[53:24]
for short-term indebtedness. Um, if you
[53:27]
take a note out and it has to be paid
[53:30]
back in the current fiscal year, how are
[53:31]
you going to do that? If you paid if you
[53:33]
take the note out in May, you're not
[53:35]
going to be able to have a short a
[53:37]
special meeting in time to pay off the
[53:40]
debt before the end of the fiscal year
[53:42]
with voter approval. It's just not
[53:43]
practical. So, u current expense notes
[53:47]
have terms of one year or less and they
[53:50]
are authorized by general law and I
[53:52]
think the city uh would be well advised
[53:54]
to to follow that instead of having
[53:56]
terms that end in the current fiscal
[53:59]
year. I understand this has been debated
[54:01]
at at nauseium and you all have heard me
[54:04]
before on this so I'm not going to keep
[54:05]
going.
[54:07]
>> Thank you Dave. So, I think what I'd
[54:08]
like to do is take the first two one at
[54:11]
a time because I think they're fairly
[54:13]
straightforward and then come back to
[54:15]
the third one which I think is has we'll
[54:17]
will invite more comment. So, the first
[54:20]
one is just Dave's recommendation that
[54:22]
we remove in in subsection A remove the
[54:27]
words or election at the end of that
[54:28]
sentence. Council members, do you have
[54:30]
any questions about that?
[54:32]
>> I'll make that a motion.
[54:34]
>> I'll second.
[54:34]
>> I have a motion and a second. Charter
[54:37]
Task Force members, y'all okay with that
[54:38]
change? Is there anybody in the
[54:41]
community? Go ahead, Jennifer. Come on
[54:43]
up.
[54:48]
Jennifer Hopkins, I would wonder whether
[54:50]
you want to say city meeting in that
[54:53]
subsection A and the same thing of add
[54:56]
city into the other section. It's a
[54:59]
special meeting. You're going to have
[55:00]
special meetings of the city council
[55:04]
and it would be duly warned. But the
[55:06]
question is you're talking about a
[55:08]
special city meeting. So I think you
[55:11]
should add city in three places in
[55:14]
there. Section A in two sections in the
[55:17]
um beginning paragraph.
[55:20]
Don't go away yet.
[55:22]
So I'm responding just to a it seems to
[55:26]
me that it's redundant because we're
[55:29]
talking about a majority of people
[55:30]
voters, right?
[55:32]
>> Yeah.
[55:32]
>> So in that one, why do we need the word
[55:34]
city? It's obvious that it's a
[55:36]
>> it only just occurred to me, so I didn't
[55:37]
really review it.
[55:38]
>> Okay. The other ones you really
[55:40]
>> can you point those out specifically?
[55:42]
>> Um Oh, holy hell. I don't have all of
[55:45]
it. Charlie, do you have all of it?
[55:47]
>> Okay. Um
[55:50]
>> first ones are the fourth line
[55:54]
>> for specific purposes made at any
[55:57]
>> or a special
[56:00]
>> city meeting
[56:04]
in the city.
[56:06]
>> I don't think that we need to make this
[56:08]
change.
[56:08]
>> You want to speak to that Dave? What are you thinking?
[56:11]
>> I just but I mean it the sentence
[56:15]
talks Oh, sorry. I may be I'm on the
[56:17]
second one. My bad. Let me look at the
[56:19]
first one.
[56:20]
>> The The first one's further down that I
[56:22]
caught, so that might not be the right
[56:25]
one. Um, it's one, two, three, four,
[56:29]
five, six lines up from the bottom
[56:32]
of the paragraph.
[56:35]
Additional expenditures shall not take
[56:37]
effect unless approved by the majority
[56:40]
uh vote at a duly warned special
[56:43]
meeting. That does not save city voters.
[56:47]
And there's one more.
[56:49]
>> I see where you are.
[56:50]
>> Yeah. And then at least seven days prior
[56:54]
is the next line. Uh one publicly warned
[56:58]
informationational meeting. I apologize.
[57:00]
I don't mind here.
[57:01]
>> That's right.
[57:05]
» Dave, do you see where Jennifer is?
[57:07]
>> City information.
[57:08]
>> No, I'm lost, but that's okay.
[57:10]
>> Well, no, let's let's get it right. So,
[57:12]
>> I see where she is.
[57:13]
>> Okay. So if you see the sentence in the
[57:16]
middle of that paragraph that begins if
[57:18]
the anticipated revenues of the city
[57:20]
right
[57:22]
have been okay have been expended before
[57:24]
the end of the fiscal year and necessary
[57:26]
or desirable expenditures need to be
[57:28]
met. Additional expenditures shall not
[57:30]
take effect unless approved by a
[57:32]
majority vote at a duly warned special
[57:35]
and Jennifer would add city meeting.
[57:38]
>> Correct?
[57:38]
>> Yeah. And then the next line, at least
[57:40]
seven days prior to the special city
[57:43]
meeting.
[57:46]
>> Yeah.
[57:48]
I'm fine with that because it
[57:50]
doesn't say a majority vote of the legal
[57:52]
voters.
[57:52]
>> Yeah.
[57:53]
>> Okay.
[57:54]
>> So I I want to
[57:56]
>> Charlie go to the mic, please.
[57:59]
I want to suggest rewarding
[58:02]
um that line that we're talking about
[58:05]
that starts with if the anticipated
[58:08]
revenue of the city.
[58:12]
So, I would like it to read, and I'll
[58:15]
try to explain why, that if the city
[58:19]
council realizes the current revenues
[58:23]
will be expended before the end of the
[58:25]
fiscal year and anticipated revenues
[58:29]
will not cover
[58:32]
necessary or desirable expenses to the
[58:34]
end of the fiscal year, additional
[58:36]
expenditures shall not take effect
[58:39]
unless approved by a majority vote at a
[58:41]
duly warned special city
[58:44]
and I'll I'll tell you why. Um
[58:50]
it kind of goes with what I was saying
[58:52]
earlier. So if you if you realize so the first one I think if you still had
[58:57]
current in there and Dave might have
[59:01]
mentioned by leaving anticipation if you
[59:04]
had current revenues of the city during
[59:06]
the fiscal year you couldn't go to vote
[59:10]
until you've expended it which would be
[59:13]
a problem. So, um, what my wording does
[59:18]
is it says if you realize the current
[59:20]
expenditure will be expended
[59:23]
>> before the end of the fiscal year, um,
[59:26]
instead of being they are
[59:37]
>> I hear I hear your concern.
[59:38]
>> It's similar, but it's just that way it
[59:40]
gives you, you know, it's going to
[59:43]
happen. You don't have to wait until
[59:46]
you know everything's going to be
[59:47]
expended. You know the revenues are
[59:49]
there. That's just a thought. Uh thought
[59:53]
that would clear up
[59:56]
any ambiguity on it.
[59:58]
>> Council, you have a a response to that.
[1:00:07]
» I have feelings about this paragraph in
[1:00:09]
general. Um, but and I appreciate that
[1:00:12]
rewarding because I think it tries to
[1:00:16]
enable the council to act a little bit
[1:00:18]
sooner. Um, but could it also
[1:00:23]
then prevent a reason for them to act? Like like I
[1:00:28]
just think about like five years ago if
[1:00:30]
you were to ask council are we running
[1:00:33]
into a deficit? Are we in debt? They
[1:00:35]
would have said no. And I so I think
[1:00:38]
that kind of shrouds and protects them
[1:00:40]
from acting on it. Um but I at the same
[1:00:44]
time the current language doesn't set us
[1:00:46]
up for success either to prevent and I
[1:00:51]
and yeah that what
[1:00:54]
David just brought up about the end
[1:00:58]
taking out a
[1:01:00]
>> the
[1:01:02]
doesn't make a difference whether you
[1:01:03]
use anticipated or current. Right.
[1:01:08]
>> John,
[1:01:10]
>> well, I agree with David in terms of
[1:01:12]
using anticipated
[1:01:14]
um including the second word of the
[1:01:18]
paragraph, um where it says current.
[1:01:22]
Um but I don't think the current
[1:01:24]
language would preclude the council from
[1:01:27]
acting before the anticipated revenues
[1:01:30]
are expended. There's absolutely nothing
[1:01:32]
to stop the council from being proactive
[1:01:34]
and getting on it, which is what the
[1:01:36]
point of your language is anyway.
[1:01:38]
>> Okay. I was just trying to make it real.
[1:01:41]
>> I'm okay with it.
[1:01:42]
>> Yeah. No, there's there's nothing here
[1:01:44]
that prevents the council in any way
[1:01:45]
from staying on top of the situation.
[1:01:49]
>> And you have something you want to add?
[1:01:51]
>> Yeah. Um
[1:01:55]
the original charter used um a lot of
[1:01:58]
this language and it always addressed it
[1:02:01]
as current revenue. And when we talk
[1:02:03]
about the current revenue at the top
[1:02:06]
consisting of taxation fines and other
[1:02:10]
lawful sources,
[1:02:12]
one of the lawful sources that you can
[1:02:15]
have is um a line of credit or a loan
[1:02:22]
that would uh put money in the bank. And
[1:02:24]
my concern about not using current
[1:02:28]
revenues is
[1:02:31]
at the beginning
[1:02:33]
uh of a year you may have no money in
[1:02:37]
the bank. You used it up in the last
[1:02:39]
year. You're starting fresh. Uh and
[1:02:42]
you're not going to get money until um
[1:02:45]
now the end of the first quarter which
[1:02:48]
is September 15th I believe. Was it
[1:02:50]
tomorrow?
[1:02:51]
>> Pardon?
[1:02:52]
>> Tomorrow.
[1:02:52]
Okay. So there's a big July,
[1:02:57]
August, and the first half of September
[1:03:00]
that you are writing money and if you
[1:03:04]
just think of it as writing it on
[1:03:07]
anticipated
[1:03:09]
um money that's coming in, you don't
[1:03:11]
have anything in the bank. So the way
[1:03:14]
you have current revenues for that first
[1:03:17]
period um assuming you had none of any
[1:03:21]
kind would be to have a line of credit
[1:03:24]
um or you started a lo a loan that was
[1:03:27]
going to be paid back in anticipation of
[1:03:30]
the taxes you're going to receive so
[1:03:33]
that there's money in the bank for for
[1:03:35]
you to make payments pay your debt for
[1:03:38]
those first two and a half months.
[1:03:41]
Otherwise you have nothing.
[1:03:44]
So uh you know if you started with a new
[1:03:47]
city that would be what would be
[1:03:49]
happening. You have no money until you
[1:03:51]
take that line of credit or that loan to
[1:03:54]
get you until so current revenues is
[1:03:57]
what you have. And so when that word
[1:04:00]
gets used at the beginning and then uh
[1:04:03]
that you're not allowed to um exceed
[1:04:08]
expenditures.
[1:04:10]
Uh the city shall not exceed in
[1:04:12]
expenditures the current revenues. The
[1:04:15]
current revenues include that loan that
[1:04:18]
carries you um when you need it. The
[1:04:22]
only thing is that line of credit or if
[1:04:24]
you took it as a loan has to be paid
[1:04:26]
back at the end of the year. That's why
[1:04:28]
I believe the original um charter um use
[1:04:34]
current current and that's why you
[1:04:36]
should use current. You can't you can't
[1:04:40]
uh pay people money when there's no
[1:04:42]
money in the bank um because you haven't
[1:04:46]
put it there.
[1:04:49]
You've got to you've got to have current
[1:04:52]
revenues including that money that helps
[1:04:54]
you get through the year.
[1:04:57]
So it was there originally. I suggest it
[1:05:00]
go back. I don't know who wanted it
[1:05:02]
changed to anticipated,
[1:05:04]
>> but don't be paying. You can't pay
[1:05:07]
anticipation. Wrap it up. We got your
[1:05:09]
report.
[1:05:09]
>> Yeah, that that's that's the point of
[1:05:10]
that one. And I I uh agree that uh
[1:05:14]
letting it be uh what the council uh
[1:05:18]
finally really reasonably believes is
[1:05:20]
going to make the council not want to
[1:05:23]
know or the council uh act sort of um
[1:05:28]
try not to know where they are in the in
[1:05:31]
the matter and they should know and
[1:05:33]
somebody comes in and tells us, Chip
[1:05:35]
comes in and tells us quite often and
[1:05:37]
then um the council can can on a a
[1:05:42]
minute where we are in in the situation.
[1:05:45]
So I don't think we have to wait for
[1:05:48]
anything reasonable to occur. And
[1:05:50]
finally with respect to that last thing
[1:05:55]
anticipated is so important. You expect
[1:05:58]
these loans that you take are
[1:06:00]
anticipation
[1:06:02]
of the monies you're going to receive
[1:06:05]
and you know that throughout the year.
[1:06:07]
and to take a one-year loan in May to
[1:06:10]
cover yourselves the end of the fiscal
[1:06:13]
year to cover yourselves. What What
[1:06:16]
anticipated money do you have?
[1:06:18]
>> Okay, we're not we're not there yet.
[1:06:20]
>> Okay,
[1:06:21]
>> I hear your point. We're not there yet.
[1:06:22]
Okay,
[1:06:22]
>> I'm trying to keep it tight and go point
[1:06:25]
by point here trying to get through
[1:06:26]
this. Okay,
[1:06:27]
>> I'll just say on a personal level, I
[1:06:31]
think the language between the
[1:06:32]
difference between anticipated and
[1:06:33]
current is in fact confusing language.
[1:06:35]
It's hard to know what anybody means by
[1:06:37]
either one of those words. I read the
[1:06:40]
word current revenue to mean if I don't
[1:06:42]
have money that has come in right now, I
[1:06:45]
can't spend it. I can't I can't go spend
[1:06:47]
it. For me, the word anticipated
[1:06:50]
actually is exactly what you're
[1:06:51]
describing. If I'm anticipating that we
[1:06:54]
are going to collect enough taxes to be
[1:06:56]
able to pay these bills, then I can go
[1:06:59]
ahead and pay the bills even if I have
[1:07:01]
to take a short-term note to the end of
[1:07:03]
the year to do so. I think I think
[1:07:04]
you're actually making my case, but
[1:07:06]
you're doing it for the opposite word,
[1:07:07]
which is a little bit confusing to me.
[1:07:09]
But for me, the word anticipated is
[1:07:11]
actually far more clear because what it
[1:07:14]
says is we know we can reasonably expect
[1:07:17]
that the city is going to collect this
[1:07:18]
amount of taxes between now and the end
[1:07:20]
of the year. Therefore, we can spend
[1:07:22]
money against that anticipation. That's
[1:07:24]
what that loan does. Travis
[1:07:28]
>> Travis, resident of Newport. I promised
[1:07:31]
Charlie I was going to be remarkably
[1:07:32]
silent. I'll be quick. So far so good.
[1:07:35]
I'll be quick. I think the difference
[1:07:37]
here is that remember, unless I'm
[1:07:40]
incorrect. Just be just because you have
[1:07:43]
say a line of credit and you take that
[1:07:45]
money out and you're using it to assist
[1:07:48]
cash flow. It doesn't necessarily make
[1:07:49]
it a revenue. It's a liability because
[1:07:52]
you do have to pay it back. So I I think
[1:07:54]
anticip I think I understand what you're
[1:07:57]
saying, but I think it is still
[1:07:58]
anticipated revenue because that's not a
[1:08:00]
revenue. That's a liability that you
[1:08:02]
take it on. even though you get to spend
[1:08:03]
it.
[1:08:05]
>> Thank you, Dave Rue. I have a question
[1:08:07]
for you. Is there a difference between
[1:08:09]
using the word anticipated in the first
[1:08:11]
sentence where it's describing what
[1:08:14]
makes up revenue brought in by the city?
[1:08:17]
In other words, should we leave the word
[1:08:18]
current there and then change to
[1:08:20]
anticipated throughout the rest of the
[1:08:21]
paragraph? Do you have an opinion about
[1:08:22]
that?
[1:08:25]
I think that the language in the first
[1:08:27]
sentence should stay as is as well as
[1:08:31]
in the second sentence
[1:08:35]
and then we start pick up anticipated in
[1:08:37]
the third sentence.
[1:08:43]
» Okay, council members, do you have other
[1:08:44]
questions about this
[1:08:46]
comments you want to make? So in other
[1:08:49]
words to clarify in the three places
[1:08:51]
where in parenthesis and italics it says
[1:08:54]
or isn't or is it current anticipated
[1:08:57]
would be the correct word in those three
[1:08:59]
instances.
[1:09:02]
>> Yes, that's what I'm hearing.
[1:09:04]
Before we're done, I'm going to read
[1:09:05]
this again. The way it's going.
[1:09:08]
>> Yeah, we're kind of jumping ahead here,
[1:09:10]
but
[1:09:10]
>> yeah.
[1:09:13]
>> Okay, so let's go back for a moment.
[1:09:15]
>> I have I have one other
[1:09:16]
>> Go ahead. You're really going to love
[1:09:18]
this.
[1:09:18]
>> Go to the mic.
[1:09:21]
>> So, if we've already defined what the
[1:09:23]
revenues are,
[1:09:26]
we could cure this anticipate the
[1:09:28]
current thing, but just not put either
[1:09:29]
one of them in there. So, it would read
[1:09:32]
the city council shall not exceed in
[1:09:34]
expenditures
[1:09:37]
the well
[1:09:39]
shall not exceed the current re the
[1:09:43]
revenues of the city during this year.
[1:09:46]
not even put either one.
[1:09:50]
If we're if we're saying that current
[1:09:52]
revenues includes anticipated revenues
[1:09:55]
from that other lawful source, then why
[1:09:58]
don't we just keep revenues?
[1:10:04]
» Yeah. Keeps it very basic.
[1:10:06]
>> You're not wrong because each time it
[1:10:08]
also says for that year, revenues for
[1:10:09]
that year in each of those three
[1:10:11]
instances.
[1:10:11]
>> Yeah. and you're already describing it
[1:10:13]
in the first.
[1:10:15]
>> Dave Rudy, do you have a response to
[1:10:16]
that?
[1:10:22]
» I feel like the
[1:10:28]
I feel like it's important to define
[1:10:30]
what the current revenues are.
[1:10:34]
um
[1:10:37]
whether they include a I I think he uh
[1:10:41]
the previous commenter I'm sorry I
[1:10:42]
forgot your name was correct that an LLC
[1:10:45]
is really a liability it's not a
[1:10:48]
revenue. Mhm.
[1:10:49]
>> So to define current defining current
[1:10:52]
revenues
[1:10:53]
is helpful in that that means what the
[1:10:57]
city had council or what the city has at
[1:10:59]
the the time they are making a decision
[1:11:03]
and instead it's
[1:11:06]
you're not deficit spending unless you
[1:11:09]
are exceeding anticipated revenues.
[1:11:12]
So I think it's important to have that
[1:11:14]
word in there though.
[1:11:19]
Like it's hard for me to look at this as
[1:11:21]
a whole without the word current and
[1:11:23]
anticipated in there on the fly. I'll
[1:11:25]
admit that.
[1:11:28]
>> Thank you. Did we just lose him?
[1:11:31]
>> Okay. Oh, now we're on our own
[1:11:33]
everybody.
[1:11:41]
» Okay.
[1:11:42]
>> Council members be before we kind of
[1:11:44]
start trying to work on this piece by
[1:11:46]
piece. Any other comments about that
[1:11:48]
question and the resolution Charlie's
[1:11:51]
offering? Do you want to keep the word
[1:11:52]
anticipated, change to current, or
[1:11:55]
remove the word entirely in those three
[1:11:58]
locations?
[1:11:59]
>> Well, here's another thought.
[1:12:02]
>> Good. Because what we're really short of
[1:12:04]
here are good ideas.
[1:12:07]
>> I'm a long ways away from all
[1:12:11]
the reaching the TV.
[1:12:12]
>> What if it or could it say
[1:12:16]
permit and
[1:12:19]
expect current and anticipated revenue
[1:12:24]
>> at the top.
[1:12:26]
>> No, she's saying each place where we
[1:12:28]
have a question about it.
[1:12:30]
>> Put both words in current and
[1:12:31]
anticipated
[1:12:35]
» or does that muck the water even worse?
[1:12:40]
» I think it's you say potato.
[1:12:43]
>> I say potato.
[1:12:45]
Okay, I'll be quiet now.
[1:12:47]
>> No, I think it's an you know
[1:12:49]
>> what we're looking for here is clarity
[1:12:50]
to the average person who reads this
[1:12:52]
plain speak, right?
[1:12:55]
>> What about anticipated
[1:12:57]
or current?
[1:13:02]
» But again, what's the I mean
[1:13:06]
>> I'm kind of compelled by Charlie's
[1:13:08]
argument actually, which is
[1:13:10]
>> each place it says revenues for the
[1:13:12]
current fiscal year, right? So why do we
[1:13:14]
need the word anticipated or current at
[1:13:16]
all in those three locations?
[1:13:19]
It just feels like it's raising
[1:13:20]
questions we don't need to raise.
[1:13:22]
>> Does it does it make a difference in
[1:13:24]
terms of cash versus acrruel accounting
[1:13:28]
cash in the checkbook versus acrruel
[1:13:30]
accounting in terms of budgeting?
[1:13:34]
>> Dave, did you hear that question?
[1:13:35]
>> I think it does feel current. The
[1:13:38]
question John's asking is does it change
[1:13:41]
does it matter to have that word
[1:13:44]
anticipated because of the difference
[1:13:46]
between acral and cash accounting.
[1:13:51]
This is uh outside of my area of
[1:13:54]
expertise as a lawyer. Unfortunately uh
[1:13:57]
I would defer to a CPA who has a little
[1:14:00]
bit more understanding of cash versus
[1:14:03]
acral basis. Unfortunately I can't opine
[1:14:06]
on that. is a little outside of my uh
[1:14:09]
wheelhouse.
[1:14:13]
I'm also thinking that if you look at
[1:14:15]
the three areas, if we look at those
[1:14:17]
three areas where in parenthesis it says
[1:14:19]
or is it current where we were we as a t
[1:14:22]
when I say we meaning the task force and
[1:14:25]
then through conversations
[1:14:28]
if you look at those separately the
[1:14:30]
first one that says the city council
[1:14:32]
shall not exceed in expenditures
[1:14:36]
and you take out everything there as
[1:14:38]
Charlie was saying it makes perfect
[1:14:40]
sense. Mhm.
[1:14:41]
>> The city council shall not exceed in
[1:14:42]
expenditures the revenues of the city
[1:14:44]
during the fiscal year.
[1:14:46]
>> Done. The next spot
[1:14:50]
>> I I think I agree with that one too. If
[1:14:53]
there's any place that maybe we need a
[1:14:55]
current or anticipated would be the
[1:14:57]
third place.
[1:14:59]
>> Let's be specific. The next one you're
[1:15:01]
saying is the if the ant if the Yeah.
[1:15:04]
>> And then we have anticipated current.
[1:15:05]
But if the revenues of the city have
[1:15:07]
been expended before the end of the
[1:15:09]
fiscal year and necessary or desirable
[1:15:11]
expenditures need to be met, additional
[1:15:13]
expenditure shall not take effect unless
[1:15:15]
approved by a majority vote at a duly
[1:15:17]
warned city special city meeting. At
[1:15:21]
least seven days prior to that, the city
[1:15:23]
council shall hold at least one publicly
[1:15:26]
warned informational meeting. Is there
[1:15:27]
another one here that I'm missing?
[1:15:30]
>> I think actually I don't I think I I
[1:15:32]
have to agree with Charlie. Why do we
[1:15:34]
need either one of those in there?
[1:15:36]
>> No, I don't think we do.
[1:15:39]
>> Joe,
[1:15:40]
>> that makes a lot of sense from a
[1:15:41]
management standpoint. That that's the
[1:15:43]
clearest way to say this from where I
[1:15:45]
sit is to manage his budget is say
[1:15:47]
>> nobody's going to sit around three years
[1:15:48]
from now and argue about whether it be
[1:15:50]
anticipated or current.
[1:15:51]
>> Yeah. Yeah. Do you run over your
[1:15:52]
revenues or not?
[1:15:55]
>> But the third spot the third spot's
[1:15:58]
going to end up needing work, I think.
[1:16:00]
uh let's if the uh if the anticipated or
[1:16:04]
current revenues of the city have been
[1:16:06]
expended before the uh end of the fiscal
[1:16:09]
year. I don't care if we delete the
[1:16:12]
anticipated or current. So if the
[1:16:14]
revenues of the city it can't be have
[1:16:16]
been because you you want to act
[1:16:17]
beforehand when you see that they will
[1:16:20]
be right if if you can see ahead looking
[1:16:24]
at the budget that they will be extended
[1:16:26]
then you need to start arranging for
[1:16:27]
your vote. So I think is is probably a
[1:16:30]
bad verb tense there.
[1:16:33]
>> So So if
[1:16:33]
>> that was part of my correction
[1:16:35]
>> if if the revenues of the city are
[1:16:39]
>> anticipated to be expended
[1:16:41]
>> Sure.
[1:16:41]
>> before the end of the fiscal year.
[1:16:43]
>> Sure.
[1:16:46]
Well, what I wrote was if the city
[1:16:48]
council realizes I'm going to get rid of
[1:16:50]
the anticipated, the revenues will be
[1:16:53]
expended before the end of the fiscal
[1:16:55]
year
[1:16:56]
and will not cover necessary or
[1:16:58]
desirable expenses to end to the end of
[1:17:01]
the fiscal year. Additional expenditures
[1:17:03]
shall not take effect until the meeting.
[1:17:07]
>> Okay. But we're trained for simple. So
[1:17:09]
why can't I I think the point is well
[1:17:11]
taken, Travis.
[1:17:13]
Why can't we just say instead of have
[1:17:15]
been will be if the revenues of the city
[1:17:19]
will be expended before the end of the
[1:17:20]
fiscal year and necessary desirable expenditures need to be met
[1:17:25]
etc etc.
[1:17:26]
>> Yeah.
[1:17:28]
>> Or you could put both of them if they
[1:17:31]
will be expended or have been expended
[1:17:35]
already. So one is predictive but one is
[1:17:39]
if it's happened already you certainly
[1:17:41]
should act. The first one depends upon
[1:17:44]
your estimate of whether they will be
[1:17:47]
expended.
[1:17:50]
>> Danny speak to this.
[1:17:54]
» Now you know why it took eight hours.
[1:17:56]
>> Indeed.
[1:17:59]
>> I'm thinking that you all are going to
[1:18:00]
need a support group when you have these
[1:18:02]
meetings anyway.
[1:18:06]
M city resident. Um if you refer back to
[1:18:09]
actually the original language in the
[1:18:11]
original charter, I think they actually
[1:18:14]
did try to address what we're trying to
[1:18:16]
address now is the original language
[1:18:18]
says if it should happen that said
[1:18:20]
current revenues of the city shall have
[1:18:22]
been expended before the end of the
[1:18:24]
fiscal year. And I think that language a
[1:18:26]
little more speaks to it maybe will
[1:18:29]
happen in the future, not necessarily
[1:18:31]
waiting until it has happened. And I
[1:18:33]
think when we change the modernize it.
[1:18:36]
We may have made it a little more firm
[1:18:38]
sounding that it had to be left. So, I
[1:18:41]
think if we actually maybe just like
[1:18:44]
reverted to the original language a
[1:18:46]
little more, that might actually say
[1:18:49]
that this whole conversation.
[1:18:51]
>> Yeah. Will you read that one more time?
[1:18:52]
The original
[1:18:53]
>> um if it should happen that said current
[1:18:56]
revenues of the city shall have been
[1:18:58]
expended before the end of any fiscal
[1:19:00]
year.
[1:19:02]
If it should happen that said current
[1:19:05]
revenues of the city shall have been
[1:19:07]
expended before the end of any fiscal
[1:19:09]
year.
[1:19:12]
» Council members, what do you think about
[1:19:13]
that?
[1:19:14]
>> So that's that's reactive, not
[1:19:15]
proactive.
[1:19:19]
» And
[1:19:21]
we don't necessarily want to limit the
[1:19:23]
city council to only being reactive.
[1:19:26]
Ideally, the council would be proactive
[1:19:29]
>> by putting current. If you get rid of
[1:19:31]
the current You'll be all right.
[1:19:33]
>> Well, it's the shall have been reactive
[1:19:37]
piece.
[1:19:37]
>> Yeah.
[1:19:38]
>> Do you think do you think though that
[1:19:40]
shall have been I I could see it being
[1:19:44]
reactive if it just said have been but I
[1:19:46]
think the addition of that shell which
[1:19:48]
we admitted actually
[1:19:51]
does make it at least coming from a
[1:19:53]
historical standpoint and knowing like
[1:19:54]
how historically that was meant to
[1:19:56]
sound. I do feel like that was actually
[1:19:58]
a proactive statement in language 198.
[1:20:01]
>> Well, except if they're talking about
[1:20:03]
future fiscal years that haven't
[1:20:04]
happened yet.
[1:20:07]
>> No, I think they're talking about the
[1:20:08]
same fiscal year.
[1:20:10]
>> They are.
[1:20:10]
>> They're talking about if I I think
[1:20:12]
they're saying exactly what we're
[1:20:13]
talking about here shall have been
[1:20:16]
expended in this fiscal year is to say
[1:20:18]
we anticipate
[1:20:20]
that we could be beyond our means before
[1:20:23]
the end of the year and we got to do
[1:20:24]
something about it.
[1:20:26]
gives us the ability to be
[1:20:28]
anticipatory.
[1:20:30]
>> I thought it was a lot easier just to
[1:20:32]
change the two words have to will be.
[1:20:34]
>> I I think
[1:20:36]
from the clarity point of view.
[1:20:39]
>> Yes. Because we have the word
[1:20:42]
anticipated still there.
[1:20:43]
>> Yeah. If we say if the anticipated
[1:20:45]
revenues of the city will be expended
[1:20:48]
before the end of the fiscal year, etc., In other words, proactive language.
[1:20:58]
Okay,
[1:21:00]
let's do this one first and then we'll
[1:21:02]
go talk about this adding the word city
[1:21:03]
for Jennifer in a moment here. Okay, so
[1:21:06]
we've got a number of opportunities on
[1:21:08]
the boards here. John, I feel like
[1:21:09]
you've got an opinion. Do you want to
[1:21:10]
make a motion related to that?
[1:21:14]
And let's do them one at a time, shall
[1:21:16]
we? If you want to make a change in the
[1:21:18]
first line, now's your moment. If you
[1:21:20]
don't, we don't need anything.
[1:21:23]
>> Probably the first one in the world. So,
[1:21:24]
it would still be the current revenues
[1:21:26]
of the city shall consist
[1:21:31]
» and then in the in the
[1:21:34]
three places where
[1:21:35]
>> No, let's do them. I'm sorry. Let's do
[1:21:37]
them one at a time.
[1:21:38]
>> I don't want to get us bottled up later
[1:21:40]
on for having missed something.
[1:21:42]
>> One, two, three.
[1:21:43]
>> Okay. Okay. Well, in the fourth line,
[1:21:46]
um, where it says for specific purposes
[1:21:48]
made at any annual or special meeting,
[1:21:50]
it should say any annual or special city
[1:21:52]
meeting. And I'll make that a motion.
[1:21:54]
>> Okay. I have a motion to add the word
[1:21:56]
city between special and meeting in the
[1:21:58]
fourth line. Do I have a second?
[1:22:00]
>> A second.
[1:22:01]
>> Motion and a second. Any further
[1:22:03]
discussion about that?
[1:22:05]
>> All in favor, please say I. I.
[1:22:07]
>> Opposed? Nay.
[1:22:09]
>> That motion carries. You keeping up with
[1:22:11]
us there, Dave? You all right?
[1:22:16]
Dave Rue,
[1:22:18]
>> doesn't it say but then doesn't it say
[1:22:19]
at any annual or special city meeting in
[1:22:22]
the city?
[1:22:24]
>> Yes, that's what we just did.
[1:22:26]
>> Are we going to delete in the city?
[1:22:28]
>> Oh, okay. I'll make that my next motion.
[1:22:32]
>> Okay. Sorry, but I that's why I got a
[1:22:34]
little confusing.
[1:22:36]
>> Cleans up the grammar.
[1:22:37]
>> Get rid of the end of the city.
[1:22:39]
>> Yep.
[1:22:41]
>> John, make it. I did.
[1:22:42]
>> Okay. Got a motion to delete those
[1:22:45]
immediate words in the city following
[1:22:46]
special city meeting. Do I have a
[1:22:48]
second?
[1:22:49]
>> I have a second. All those in favor say
[1:22:51]
I.
[1:22:52]
>> I. Oppose. Nay. Motion carries. Keep
[1:22:55]
going. John, you're on a roll.
[1:22:58]
>> Uh then in the se seventh line,
[1:23:02]
um
[1:23:04]
I move that the word anticipated be
[1:23:06]
deleted and
[1:23:12]
where it says in italics or is it
[1:23:15]
current? Just ignore that. Take that out
[1:23:16]
as well.
[1:23:18]
>> So the sentence would read, "The city
[1:23:20]
council shall not exceed in expenditures
[1:23:22]
the revenues of the city during the
[1:23:24]
fiscal year."
[1:23:25]
>> Second.
[1:23:25]
>> I have motion and a second.
[1:23:28]
>> All those in favor say I.
[1:23:29]
>> I.
[1:23:30]
>> Oppose. Nay. Motion carries.
[1:23:34]
And then the next one is two lines below
[1:23:36]
that. The line begins, pay expenditures
[1:23:40]
or appropriations in excess of revenues.
[1:23:42]
And again, delete the word anticipated
[1:23:45]
so that it reads
[1:23:47]
in excess of revenues. Okay, I'm going
[1:23:50]
to read the whole sentence. The city
[1:23:52]
council without special direction of the
[1:23:53]
voters of the city shall not draw, sign,
[1:23:55]
or approve warrants to pay expenditures
[1:23:57]
or appropriations in excess of revenues.
[1:24:01]
Period.
[1:24:02]
>> Is that what you have in mind?
[1:24:03]
>> Yes.
[1:24:04]
>> And do I have a second?
[1:24:05]
>> Did I second?
[1:24:06]
>> Second.
[1:24:06]
>> Oh, okay. You did. It got double
[1:24:08]
secondary to
[1:24:09]
>> me. Comment on that.
[1:24:11]
>> Yes, please.
[1:24:13]
>> You know,
[1:24:15]
the one thing that it doesn't let you
[1:24:17]
know uh is which revenues are you
[1:24:20]
talking about? Are you talking about all
[1:24:23]
the revenues that the city has ever had
[1:24:25]
in any of the years and that and that
[1:24:29]
they've put into um special funds?
[1:24:34]
Uh, are you talking about the revenues
[1:24:36]
that come from that fiscal year's
[1:24:38]
budget?
[1:24:43]
Do revenues include
[1:24:46]
all the other revenues from past years?
[1:24:50]
I don't know the answer to that, but I'm
[1:24:52]
worried about it.
[1:24:56]
I'm not sure why I would be worried
[1:24:59]
about it. In other words, if we put
[1:25:00]
money aside in a fund for the infamous
[1:25:03]
back truck, right, and we're sitting on
[1:25:07]
$650,000
[1:25:09]
and a smoking deal comes along to buy a
[1:25:11]
back truck for $650,000,
[1:25:14]
we should buy it. We've we've been
[1:25:15]
approving that for years. We've got the
[1:25:18]
money and we just got a smoking deal.
[1:25:20]
So, that's the only situation I can
[1:25:22]
think of off the top of my head in which
[1:25:25]
that that distinction would matter.
[1:25:27]
Charlie,
[1:25:28]
>> in the line above it, it does say not
[1:25:31]
exceed expenditures
[1:25:34]
the revenues for during fiscal year. The
[1:25:36]
very next sentence is what you start. So
[1:25:40]
I don't know
[1:25:42]
you're talking about the fiscal year in
[1:25:45]
this whole paragraph.
[1:25:47]
Well, that's where anticipated actually
[1:25:49]
become.
[1:25:52]
» Say more about that, John.
[1:25:57]
Well, if you use the word anticipated,
[1:26:00]
then you know you're not trying to bring
[1:26:02]
prior years into it. Um,
[1:26:11]
anticipate it bring future years into
[1:26:13]
it. Then I'm anticipating getting next
[1:26:16]
year.
[1:26:17]
>> You can anticipate it
[1:26:19]
>> 2030. We got it coming.
[1:26:21]
>> Yeah, that in every direction. to
[1:26:24]
I guess I'll just take the motion as it
[1:26:26]
is.
[1:26:27]
>> Okay. Could you read the sentence one
[1:26:28]
more time, please, John, that we're
[1:26:30]
trying to take a vote on?
[1:26:32]
>> The city council without special
[1:26:34]
direction of the voters of the city
[1:26:36]
shall not draw, sign, or approve
[1:26:38]
warrants to pay expenditures or
[1:26:39]
appropriations in excess of revenues.
[1:26:44]
>> Okay, I have a motion and I think we
[1:26:45]
have Do we have a second yet?
[1:26:47]
>> Andrew.
[1:26:47]
seconded.
[1:26:48]
>> I did in my mind.
[1:26:49]
>> Okay. Uh, all those in favor, please say
[1:26:53]
I.
[1:26:53]
>> I.
[1:26:55]
>> Any oppose? Nay. That motion carries.
[1:26:58]
John, you're doing great. Keep going.
[1:27:00]
>> Okay. So, the next sentence,
[1:27:03]
um, I'll read it as it would
[1:27:09]
be changed. If the revenues of the city
[1:27:12]
will be expended before the end of the
[1:27:14]
fiscal year and necessary or desirable
[1:27:17]
expenses expenditures need to be met,
[1:27:20]
additional expenditures shall not take
[1:27:23]
effect unless approved by a majority
[1:27:25]
vote at a duly warrant special city
[1:27:28]
meeting.
[1:27:29]
>> Okay, I have a motion.
[1:27:32]
>> I'll second.
[1:27:33]
>> And a second. Did somebody want to speak
[1:27:34]
online?
[1:27:37]
>> Okay, council members, any questions
[1:27:39]
about that? That's two changes in there.
[1:27:41]
Actually, it's three, right? We're going
[1:27:43]
to remove the word anticipated. We're
[1:27:45]
going to
[1:27:47]
>> change have been to will be.
[1:27:49]
>> Change. Yes. Have been to will be. And
[1:27:51]
we're going to add the word city between
[1:27:52]
special and meaning.
[1:27:54]
>> Okay. Any other comments? Go ahead. And
[1:27:58]
>> yeah, I'm still a little worried about
[1:28:00]
that. Um,
[1:28:03]
let's say grant money comes in and your
[1:28:05]
revenues are
[1:28:08]
greatly expanded. I mean, because it
[1:28:10]
looks like you've got a lot of revenues
[1:28:11]
now. I mean, they have a designated
[1:28:13]
purpose
[1:28:15]
um in the end. But right now, the bank
[1:28:19]
the checkbook looks good. You're not
[1:28:22]
allowed you're not really allowed to
[1:28:24]
spend it on
[1:28:26]
other things maybe than other than the
[1:28:28]
brand uh that it's designated for.
[1:28:33]
But your revenues look good.
[1:28:37]
Does that mean that you can uh you're
[1:28:40]
not in a in a bad situation with respect
[1:28:43]
to being able to pay your other bills?
[1:28:47]
>> There's no situation that I can imagine
[1:28:49]
a responsible council or city manager
[1:28:53]
would suggest that designated funding
[1:28:57]
that is received from in the form of a
[1:28:59]
grant could be spent on the general
[1:29:01]
budget.
[1:29:02]
>> But is it revenue?
[1:29:03]
>> It happened
[1:29:04]
>> and it did. I said responsible and I
[1:29:06]
meant it right because a lot of what
[1:29:08]
this what this charter revision attempt
[1:29:11]
is doing including adding a recall
[1:29:13]
provision is creating methods to hold
[1:29:15]
people accountable. The truth is at the
[1:29:17]
end of the day there are no there's no
[1:29:19]
way in the world we can think of every
[1:29:20]
situation that someone might take
[1:29:23]
advantage of us with or might act
[1:29:25]
irresponsibly about. So my answer to
[1:29:27]
that would be we have to hold our
[1:29:30]
government officials accountable and we
[1:29:32]
have the first mechanism in these
[1:29:34]
proposed changes to do that with teeth
[1:29:36]
through the recall provision.
[1:29:38]
>> Well, do we want to call it the budgeted
[1:29:40]
revenue which would limit it to the
[1:29:44]
budget for that fiscal year?
[1:29:47]
>> But then you wouldn't be able to utilize
[1:29:49]
the grant if it's not budgeted.
[1:29:53]
>> Yeah. You wouldn't wind up in deficit
[1:29:55]
mode. Um, you would only wind up in
[1:29:58]
deficit mode if you exceeded the
[1:30:02]
budgeted um expense the the expenses
[1:30:06]
exceeded the amount of money you were
[1:30:08]
getting in anticipated
[1:30:11]
uh revenue for that year. You're
[1:30:13]
expanding revenue is becoming a word
[1:30:17]
that could include many things, many
[1:30:19]
ways that you were getting money. And
[1:30:22]
originally it was just taxation fines
[1:30:25]
and other lawful sources
[1:30:28]
and it was talking about completion of
[1:30:30]
everything within the budgeted year.
[1:30:32]
>> Correct me if I'm wrong, but this is
[1:30:34]
pretty close to the original language,
[1:30:37]
isn't it? I mean, it was the charter
[1:30:39]
task force's intent to bring us language
[1:30:42]
that modernized but did not change the
[1:30:44]
intent of the original charter. So what
[1:30:46]
you may be what you're saying may be
[1:30:48]
true, but it's no no more true for this
[1:30:51]
than it was for the original charter
[1:30:52]
that we're trying to stay close to. But
[1:30:54]
it used current revenue, which I believe
[1:30:57]
if you looked at that language, the
[1:31:00]
language of the original charter, it had
[1:31:03]
another sentence in there that talked
[1:31:05]
about the ability of the um council to
[1:31:09]
uh borrow short-term.
[1:31:12]
And that I think that they were um maybe
[1:31:16]
mistakenly, but they were including in
[1:31:18]
current revenue the fact that you would
[1:31:21]
be getting some money um in terms of a
[1:31:24]
line of credit or a loan that would be
[1:31:26]
paid by the end of the year.
[1:31:30]
I'm saying you're you're we're making a
[1:31:32]
big decision now to to expand revenue at
[1:31:36]
the last minute. You know, this is the
[1:31:37]
second hearing. I'm worried about it.
[1:31:39]
You could leave current revenues in that
[1:31:41]
sentence.
[1:31:50]
» Council members, you have an opinion
[1:31:51]
about this?
[1:31:53]
>> I see somebody in the back that has
[1:31:55]
thoughts, but uh I would
[1:31:57]
>> Dennis, sorry.
[1:31:58]
>> I really do
[1:31:59]
>> because he sits in the way back corner
[1:32:00]
>> probably.
[1:32:01]
>> Come on up, Dennis.
[1:32:03]
>> And then I do have thoughts, but really
[1:32:06]
just pertains to the example that Ann
[1:32:08]
brought up. So, but I really want to get
[1:32:12]
>> correct me if I'm wrong, but probably to
[1:32:16]
take care of what A is concerned about
[1:32:18]
is in the
[1:32:21]
fifth line down
[1:32:24]
it says that to be paid out of current
[1:32:27]
revenues for that year. It doesn't
[1:32:30]
specify anything about designated funds
[1:32:32]
that have been previously
[1:32:35]
saved aside.
[1:32:38]
So it shouldn't be touched at all. It's
[1:32:40]
just the current funds that you get that
[1:32:43]
year and those funds are at delineated
[1:32:46]
your very first sentence
[1:32:51]
does say
[1:32:53]
>> and we have not changed that current. Is
[1:32:55]
that correct?
[1:32:57]
>> It doesn't say current. No, it doesn't
[1:32:58]
say current. It just says the
[1:33:00]
expenditures re during the fiscal year.
[1:33:04]
But it doesn't
[1:33:05]
>> it does does say fiscal year
[1:33:06]
>> but it doesn't say um expenditures
[1:33:09]
that's appropriations and the word
[1:33:12]
appropriations has a special meaning in
[1:33:15]
the budget. Those are those special
[1:33:16]
appro appropriations
[1:33:19]
>> um that we make at the end um for
[1:33:24]
special appropriations.
[1:33:26]
>> And so that would be it that may only be
[1:33:30]
referring to appropriations unless you
[1:33:32]
write and expenditures.
[1:33:39]
» Carter speaks.
[1:33:40]
>> So, a couple sentences down, it says the
[1:33:42]
city council shall not exceed in
[1:33:45]
expenditures the revenues of the city
[1:33:47]
during the fiscal year.
[1:33:49]
>> Well, that says expenditures or
[1:33:51]
appropriations. So, it's distinguishing
[1:33:53]
appropriations from expenditures. So, if
[1:33:56]
you're going to put it there,
[1:33:57]
>> I think it should be up at the top or
[1:34:00]
close to the third line. All
[1:34:02]
appropriations for specific purposes
[1:34:07]
made at an annual or special city
[1:34:09]
meeting and all expenditures unless
[1:34:13]
otherwise directed by the voters
[1:34:17]
be paid out of current revenues for that
[1:34:19]
year.
[1:34:22]
doesn't occur.
[1:34:24]
>> Well, the hypothesis or example that you
[1:34:27]
brought up around functioning in grants,
[1:34:31]
um it's pretty rare for you to get as
[1:34:35]
money up front. It's very it's more way
[1:34:38]
more standard for it to be a
[1:34:39]
reimbursement base. And that is one
[1:34:42]
thing that the financial task force has
[1:34:44]
talked about and we're approving some
[1:34:45]
functions and I know Joe is aware in
[1:34:47]
working on that too with our active
[1:34:49]
grants is to make sure our budget
[1:34:51]
reflects both on the expenditure and
[1:34:53]
revenue side. Um
[1:34:56]
and so I I don't think that this would
[1:34:58]
fun as as the I believe the motion was
[1:35:02]
made on the sentence.
[1:35:03]
>> Um thank you Rick. uh that it would not
[1:35:07]
impact that operation. And I and I would
[1:35:09]
think again
[1:35:12]
as we move forward as we have these
[1:35:15]
monthly or at least bare minimum
[1:35:17]
quarterly review of our expenditures,
[1:35:20]
right? You'll be able to see that
[1:35:22]
tracking. So I'm I'm feeling comfy with
[1:35:25]
the motion. Um but I appreciate again
[1:35:29]
the thoroughess of this. This is
[1:35:32]
>> and let's let's remember the point of
[1:35:34]
this sentence, right? Just read it
[1:35:36]
again. This sentence is saying we're
[1:35:39]
going to have to call a special meeting.
[1:35:40]
That's the whole point of the sentence,
[1:35:42]
right? If the revenues of the city will
[1:35:46]
be expended before the end of the fiscal
[1:35:48]
year and necessary or desirable
[1:35:50]
expenditures need to be met, additional
[1:35:52]
expenditures shall not take effect
[1:35:54]
unless approved by a majority vote at a
[1:35:56]
duly warned special city meeting. That's
[1:35:58]
the point of this sentence is to say if
[1:36:01]
that happens, we're going to talk to the
[1:36:03]
voters about it anyway,
[1:36:06]
>> right?
[1:36:07]
>> That's the whole point.
[1:36:13]
But if you can pull revenues from many
[1:36:16]
places, from other years, and we did get
[1:36:19]
a whole Arbor ARA fund of $3 million,
[1:36:22]
was it $3 million that we got or one
[1:36:25]
million?
[1:36:26]
>> Some some large amount of money. I mean,
[1:36:28]
sometimes large amounts of money come in
[1:36:30]
before you get to spend them.
[1:36:33]
>> We Yeah.
[1:36:36]
>> Yes. When that happened, the council
[1:36:38]
took action and I think it was actually
[1:36:40]
it was I know that the bond election was
[1:36:43]
held in relation to that money and the
[1:36:45]
formula that was created for the bond
[1:36:47]
that would be taken was the total cost
[1:36:49]
of the project $5 million for an east
[1:36:51]
side water tower minus the money in hand
[1:36:55]
raised by ARPA or other funds would be
[1:36:57]
the bond amount that was left. In other
[1:36:59]
words, the voters actually that's a
[1:37:01]
great example of where the voters did
[1:37:02]
get to win.
[1:37:03]
>> Yes, we did.
[1:37:04]
>> Right. and approved it.
[1:37:07]
>> Yeah.
[1:37:08]
>> And many of the things that we're
[1:37:10]
talking about you I mean you're worried
[1:37:13]
about um the voters. The voters have
[1:37:17]
been very generous and
[1:37:18]
>> we're not worried. That's not what we're
[1:37:20]
arguing about here.
[1:37:20]
>> Okay.
[1:37:21]
>> We're not having that conversation. What
[1:37:22]
we're talking about here is just the
[1:37:24]
word revenue. And in this sentence, what
[1:37:26]
it's saying is if the if additional
[1:37:30]
expenditures are needed during that
[1:37:31]
fiscal year, we will go and hold a
[1:37:34]
special city meeting. That's the whole
[1:37:36]
point of the sentence.
[1:37:37]
>> You you could set this by just put
[1:37:41]
in that sentence
[1:37:43]
>> because that would eliminate next year's
[1:37:49]
» and your current revenues are already
[1:37:51]
defined up above anyways to include all
[1:37:53]
your
[1:37:59]
Okay. So, I'm gonna ask
[1:38:01]
>> it's just defining the revenue.
[1:38:04]
>> I'm gonna ask the uh Dave for his
[1:38:06]
opinion and I'm going to ask the council
[1:38:07]
members for their opinion and we're
[1:38:08]
going to move on. Okay. So, Dave, we
[1:38:11]
have a sentence that's been proposed
[1:38:12]
with a motion that's on the table. And
[1:38:14]
the question is whether it seems uh
[1:38:18]
helpful to add the word current
[1:38:21]
in this sentence where we it was in the
[1:38:24]
parenthesis with a question mark
[1:38:26]
actually. So it would read if the
[1:38:28]
current revenues of the city will be
[1:38:30]
expended. Do you have an opinion about
[1:38:32]
this?
[1:38:35]
>> Um
[1:38:38]
not particularly. I think current
[1:38:40]
actually does help define
[1:38:43]
um
[1:38:47]
where what we're talking about a little
[1:38:49]
bit more
[1:38:51]
um because that's what exists when the
[1:38:54]
council is looking
[1:38:56]
ahead as to whether they would warrant a
[1:38:59]
vote.
[1:39:01]
>> Okay. Okay. So, I'm going to ask the
[1:39:02]
maker of the motion and the seconder if
[1:39:04]
you're comfortable with modifying the
[1:39:06]
motion for the sentence to read, if the
[1:39:08]
current revenues of the city will be
[1:39:10]
expended before the end of the fiscal
[1:39:12]
year and necessary or desirable
[1:39:14]
expenditures need to be met, additional
[1:39:16]
expenditures shall not take effect
[1:39:18]
unless approved by a majority vote at a
[1:39:20]
duly warned special city meeting.
[1:39:23]
>> Okay with the maker
[1:39:24]
>> and if I was a seconder, I
[1:39:26]
>> it's okay with all of the seconders.
[1:39:29]
>> Thirders. Okay, Travis.
[1:39:32]
>> I I would annual be better there because
[1:39:34]
current sounds like cash on hand. Would
[1:39:37]
annual be a better word saying it's this
[1:39:39]
year's revenues. It's
[1:39:40]
>> almost like you're on the financial task
[1:39:41]
force. I want to like Travis.
[1:39:43]
>> Yeah. Current current is defined in the
[1:39:45]
first sentence.
[1:39:49]
» Yeah.
[1:39:50]
>> I like
[1:39:50]
>> Okay. I have a motion and I have lots of
[1:39:54]
seconds
[1:39:56]
and so I'm going to read it one more
[1:39:58]
time so we are thoroughly clear about
[1:40:00]
what it is we're voting on here. Okay,
[1:40:02]
if you vote in a fa in favor of this,
[1:40:04]
the new sentence will read
[1:40:07]
now I've lost where I'm starting. If the
[1:40:09]
current revenues of the city will be
[1:40:11]
expended before the end of the fiscal
[1:40:13]
year and necessary or desirable
[1:40:15]
expenditures need to be met, additional
[1:40:18]
expenditures shall not take effect
[1:40:19]
unless approved by a majority vote at a
[1:40:22]
duly warned a special city meeting. I
[1:40:24]
have a motion and a second. All those in
[1:40:26]
favor, please say I.
[1:40:28]
>> Oppos. Oppose. Nay. That motion carries.
[1:40:32]
We're twothirds of the way through the paragraph. Keep going, John.
[1:40:35]
>> Okay. Um, next sentence. Um,
[1:40:38]
we're going to add the word city in one
[1:40:40]
place so that it reads, um, at least 7
[1:40:43]
days prior to the special city meeting,
[1:40:46]
the city council shall hold at least one
[1:40:48]
publicly warranted informational meeting
[1:40:50]
to present the proposed expenditure,
[1:40:52]
explain the reasons for the deficit, and
[1:40:55]
provide an opportunity for public
[1:40:57]
questions and comment.
[1:40:58]
>> I have a motion,
[1:40:59]
>> second
[1:40:59]
>> and a second. Any comment?
[1:41:03]
All those in favor, please say I.
[1:41:05]
>> I. Oppose. Oppose. Nay. That motion
[1:41:08]
carries.
[1:41:11]
All right. Now, we're going to talk now
[1:41:14]
about the one that I know Dave Brew has
[1:41:16]
got a real opinion about. He's shared it
[1:41:17]
in this meeting and in previous
[1:41:19]
meetings. We've heard from the council
[1:41:21]
from the charter task force that they
[1:41:23]
are recommending that we keep the
[1:41:25]
language fully repaid within the same
[1:41:27]
fiscal year in which it was issued in
[1:41:29]
which it is issued. Um, and we have
[1:41:32]
Dave's recommendation that we consider
[1:41:34]
making it one year or less
[1:41:37]
uh as opposed to the same fiscal year in
[1:41:39]
which it's issued. I'm going to ask
[1:41:40]
council members to state your opinions
[1:41:42]
about this matter so that if we are all
[1:41:45]
of close to one mind, we don't have to
[1:41:47]
do a lot of comment from the community.
[1:41:50]
>> Thank you. Yeah,
[1:41:52]
>> I would go with our attorney's
[1:41:54]
recommendation and going with the one
[1:41:56]
year or less clause because
[1:41:58]
as we've talked about in previous
[1:42:00]
meetings, likely we will recognize the
[1:42:03]
deficit beyond the next budget year's
[1:42:07]
vote because it takes place in March at
[1:42:09]
the top of March. So to rectify that and
[1:42:13]
correct, I think it would just be
[1:42:14]
appropriate to allow the council to make
[1:42:17]
changes within final operations, work
[1:42:20]
with the city manager um to repay that
[1:42:22]
debt and to work within state statute
[1:42:25]
and allow for one year.
[1:42:27]
>> Okay. Thank you, Carter. Andrew,
[1:42:30]
>> I agree. We should go one year. Um
[1:42:33]
because you never know, you know, by the
[1:42:35]
time by the time everything gets more by
[1:42:37]
the time everything is done, you could
[1:42:39]
be 6 to 8 months into the fiscal year
[1:42:41]
and to have to pay that back within 6
[1:42:44]
months or four months, whatever it may
[1:42:46]
be, it's it's a very tight time frame.
[1:42:51]
John, you have an opinion about this?
[1:42:55]
» I think the circumstances in which it
[1:42:57]
would come up would be pretty rare,
[1:42:59]
realistically speaking. And I think the one year makes sense because while
[1:43:07]
tax anticipation loans are normally
[1:43:09]
taken in July right at the beginning of
[1:43:12]
a fiscal year. So one year fits um you
[1:43:16]
know there certainly could be situations
[1:43:18]
that arise in the last quarter
[1:43:22]
um that can't be anticipated and
[1:43:26]
there may very well not be time to have
[1:43:29]
a special meeting to to to
[1:43:34]
be able to fully resolve the matter
[1:43:36]
within the same fiscal year. Um
[1:43:40]
whereas the one year the one year
[1:43:42]
creates
[1:43:43]
the necessity for a special meeting in
[1:43:45]
any event and for instance if we approve
[1:43:48]
a budget in March at town meeting
[1:43:51]
uh for the ensuing fiscal year beginning
[1:43:53]
the next July 1st the issue whatever it
[1:43:56]
is arises during the last quarter um
[1:44:02]
in order to pay that back in the
[1:44:04]
following fiscal year short of serious
[1:44:06]
budget cuts somewhere
[1:44:08]
uh there would have to be a special
[1:44:10]
meeting. Uh but the ability to at least
[1:44:13]
borrow beyond the end of the fiscal year
[1:44:17]
would at least buy enough time to have a
[1:44:19]
special meeting.
[1:44:21]
You know, I think just from the point of
[1:44:22]
view of practical flexibility, it makes
[1:44:24]
sense.
[1:44:26]
>> Thank you. Chairman Sharon,
[1:44:30]
» I stand by the fiscal year that we came
[1:44:34]
up with as a task force.
[1:44:38]
You want to say more about that? Nope.
[1:44:45]
>> So, if we do that, we might as well just
[1:44:48]
discard the whole first paragraph that
[1:44:50]
we just spent an hour and a half on
[1:44:52]
because now it's giving you if you have
[1:44:56]
permission to get into long-term
[1:44:57]
indebtedness
[1:44:59]
for over a year.
[1:45:01]
>> No, it's not for over a year.
[1:45:03]
>> Well, it's for a year or less. a year
[1:45:06]
beyond the fiscal year. So you could do
[1:45:08]
that in June
[1:45:12]
and extend it for a year to the next
[1:45:14]
June. So now you've gone 11 months over
[1:45:16]
your fiscal year. The whole idea of
[1:45:20]
holding you guys to line was to not be
[1:45:23]
able to do that. And there's no limit on
[1:45:25]
this indebtedness could be $800,000 and
[1:45:28]
you could just do it as long as it's no
[1:45:30]
more than a year. And I personally
[1:45:35]
will not approve that myself. So
[1:45:38]
>> anybody else on
[1:45:39]
>> do that as I said earlier at your own
[1:45:41]
peril. I don't I think that's a huge
[1:45:44]
mistake.
[1:45:45]
>> Thank you Charlie.
[1:45:46]
>> Travis I have to agree with Charlie and I just
[1:45:50]
wanted to add one piece of clarity. It
[1:45:53]
sounds like such a small thing. take it
[1:45:55]
for a year fiscal year. I and I
[1:45:57]
understand what you're saying, but it
[1:45:59]
was the the frame of mind behind this
[1:46:02]
was looking at it as a line of credit
[1:46:04]
that we've used before. my time on the
[1:46:06]
financial task force, the line of credit
[1:46:07]
was a tool that was used and and I think
[1:46:10]
that was specifically we didn't say line
[1:46:12]
of credit there, but I think that's what
[1:46:13]
we were looking at because lines of
[1:46:15]
credit have to be repaid within the
[1:46:18]
fiscal year and it would be a tool for
[1:46:20]
you to have facilitated cash flow
[1:46:22]
through the year, not a tool to
[1:46:24]
overspend the budget, which is what
[1:46:27]
making it a one-year term would
[1:46:28]
basically do. I agree with Charlie. It's a backdoor way into uh approving uh
[1:46:35]
deficit spending when the intent uh and
[1:46:39]
they can correct me if I'm speaking out
[1:46:40]
of pocket here, but I think our intent
[1:46:42]
was to not tie your hands in the use of
[1:46:45]
a line of credit as a cash flow tool for
[1:46:48]
the year, not not a a deficit tool. So,
[1:46:52]
>> thank you, Travis. Danny,
[1:47:03]
» I would just remind everybody that we
[1:47:05]
actually added this whole clause about
[1:47:07]
being able to do sub clause about being
[1:47:10]
able to encourage short-term indebt
[1:47:12]
indebtedness
[1:47:14]
as a way to give you guys extra
[1:47:16]
flexibility, not take it away because
[1:47:17]
there's not any language that allows you
[1:47:19]
to take that allows the council to take
[1:47:21]
out any short-term
[1:47:24]
without voter approval in the original
[1:47:26]
charter. So by adding that in by saying
[1:47:29]
that any indebtedness without voter
[1:47:32]
approval could be taken under certain
[1:47:34]
circumstances that was actually to give
[1:47:36]
the council flexibility not to tie your
[1:47:38]
hands and I think that there's kind of a
[1:47:40]
way that's being presented now as this
[1:47:42]
is a very strict thing that's really
[1:47:44]
inhibiting you from inhibiting the
[1:47:47]
council from maybe being able to do
[1:47:48]
their jobs. But but really it's actually
[1:47:52]
more flexible than what the original
[1:47:53]
charter allows. So that was just
[1:47:56]
something that I think is worth
[1:47:58]
thinking.
[1:48:00]
>> Anyone else on the task force want to
[1:48:01]
speak to this?
[1:48:03]
>> I I just want to add one other thing.
[1:48:06]
We felt very strong, as you can see,
[1:48:08]
every member of this task force felt
[1:48:09]
very strongly about the fiscal year
[1:48:11]
part.
[1:48:13]
Comments from the community felt very
[1:48:15]
strongly. It wasn't just a one person. I think that also um
[1:48:22]
the people I've talked to in the
[1:48:23]
community, we get the same thing. But
[1:48:26]
this isn't to say in five years from
[1:48:28]
now, two years from now, if you're
[1:48:30]
finding it's not working, we don't get
[1:48:33]
together again as a task force with a
[1:48:36]
new set of people.
[1:48:40]
And you can re-examine this if you say
[1:48:43]
it's not working. But I have to agree
[1:48:45]
with Danny. We had a huge conversation
[1:48:48]
about this is less restrictive than the
[1:48:51]
current charter that we have all been
[1:48:53]
living with since 1918.
[1:48:57]
And I think we need to remember that.
[1:48:59]
And I think we also need to remember
[1:49:01]
that this one these two little words
[1:49:04]
fiscal year do we really want that to
[1:49:07]
jeopardize all of the updates we've done
[1:49:09]
to this charter?
[1:49:13]
» So I want to jump in there and speak to
[1:49:15]
that. I I
[1:49:19]
um I find myself in the awkward position
[1:49:21]
of disagreeing with pretty much
[1:49:22]
everybody in the room. Uh I disagree
[1:49:26]
with the task force members about what
[1:49:29]
this limit does or doesn't accomplish.
[1:49:33]
And in part I disagree because
[1:49:37]
we've been cleaning up a mess from the
[1:49:39]
last year and a half where there was a
[1:49:41]
far more restrictive charter in place
[1:49:43]
and it it did little or no good in terms
[1:49:46]
of keeping really bad decisions from
[1:49:48]
being made. So whatever language we put
[1:49:50]
in here at the end of the day is not
[1:49:52]
we're not going to live or die by that
[1:49:54]
language. It's more a question of how we
[1:49:55]
build um how we elect
[1:49:59]
strong leaders who have good judgment
[1:50:02]
and hold them accountable. Having said
[1:50:04]
that, council members, I disagree with
[1:50:07]
everybody but Sharon around the table
[1:50:10]
for largely the reasons that Sharon just
[1:50:12]
stated. You know, it's very I spent
[1:50:15]
years debating
[1:50:17]
um very huge arcane issues before the
[1:50:20]
National Presbyterian Church, and it's
[1:50:22]
amazing the number of times we would
[1:50:24]
come down to the wire and be arguing as
[1:50:26]
if it was a life and death matter over a
[1:50:28]
couple of words and forget all of the
[1:50:30]
work that we had done on the rest of the
[1:50:32]
document.
[1:50:33]
And it is my judgment that it is a
[1:50:36]
political moment in which the the memory
[1:50:41]
and the trauma experienced in this
[1:50:43]
community is alive and well. And so my
[1:50:46]
own feeling is that while I may believe
[1:50:49]
that the council should be given the
[1:50:52]
latitude that cities are given across
[1:50:54]
this state because this is this is by
[1:50:57]
far and away more regressive than the
[1:50:59]
state statutes would be. While I may
[1:51:02]
believe that it would be great to be in
[1:51:04]
that position, I don't think we're there
[1:51:06]
right now. And I'm not prepared to risk
[1:51:08]
what I think has been phenomenal work
[1:51:10]
done by both the members of the task
[1:51:12]
force and the council and members of the
[1:51:15]
community who have invested an awful lot
[1:51:16]
of time and energy in this conversation.
[1:51:18]
So, my encouragement, though, I don't
[1:51:20]
expect you to get to vote unless you'll
[1:51:21]
come to a deadlock tonight, is to um
[1:51:25]
leave the language the way it's been
[1:51:27]
drafted by the charter task force to be
[1:51:29]
fully repaid within the same fiscal year
[1:51:31]
in which it is issued. And as Sharon
[1:51:33]
says, if it's unworkable and we've gain
[1:51:36]
gained people's trust, we can come back
[1:51:38]
to this two, three, four, five years
[1:51:39]
down the road and have the conversation
[1:51:41]
again.
[1:51:46]
I don't think we need to take more
[1:51:47]
comment from the community at this
[1:51:49]
point. I think we've heard unless it's a
[1:51:51]
new opinion, which I suspect it's not.
[1:51:53]
Do you have a new opinion that you
[1:51:54]
haven't already shared tonight?
[1:51:56]
>> Yes.
[1:51:56]
>> All right. I'm concerned with your
[1:52:00]
one-year loan and what it's in
[1:52:03]
anticipation of. So, let's say it's
[1:52:05]
taken in April
[1:52:08]
uh just before the fiscal year ends.
[1:52:12]
you're taking the only reason you have
[1:52:15]
rationale for taking a loan is it's ant
[1:52:17]
in anticipation of taxes for which year
[1:52:21]
the year that you're in. You can't
[1:52:24]
really take a loan for the next year and
[1:52:28]
I wouldn't even anticipate another 12
[1:52:30]
months of taxes. They weren't ma meant
[1:52:33]
for the year that ends in June. They
[1:52:37]
were meant for the next year's taxes.
[1:52:40]
Um, and you're lucky if the budget the
[1:52:43]
budget was in March if you started it in um February. You wouldn't even have
[1:52:50]
an approved budget for then to
[1:52:52]
anticipate those taxes because the
[1:52:55]
budget would not have been approved for
[1:52:57]
that then. So, you've got you've got a
[1:53:00]
lot of problems with the meaning of
[1:53:02]
anticipation. And the second thing they
[1:53:05]
have a lot of problems with is when that
[1:53:07]
loan is due in April or May of the next
[1:53:13]
year. What's to stop any and we can't
[1:53:18]
rely on us always having a wonderful
[1:53:21]
council? We have to deal with who gets
[1:53:23]
voted in.
[1:53:26]
And th this charter is meant to deal
[1:53:28]
with good good council, bad council,
[1:53:31]
good uh city managers, bad city
[1:53:34]
managers.
[1:53:35]
So
[1:53:37]
that loan um who's to stop you guys from
[1:53:41]
renewing it? Who's to stop you from
[1:53:43]
going from Pumick over to community
[1:53:47]
um and taking another one-year loan in
[1:53:50]
anticipation of I don't know what taxes
[1:53:53]
out forever. So that loan can get
[1:53:56]
bigger, that loan can continue. And it defies um the concept
[1:54:02]
of um
[1:54:05]
only having a short-term loan uh that
[1:54:09]
you guys approve and us approving
[1:54:13]
longer loans. Longer loans can be one
[1:54:15]
year plus one year plus one year. And
[1:54:18]
we're not getting our to say anything.
[1:54:20]
When you take away
[1:54:21]
>> I'm going to ask you to wrap it up.
[1:54:23]
>> Okay. When you take away our vote,
[1:54:27]
when you diminish, no one no one said on
[1:54:30]
this charter change we were going to
[1:54:32]
have our votes diminished. When you take
[1:54:34]
away our right to vote on this issue,
[1:54:41]
I'm not voting for this charter.
[1:54:43]
>> Thank you for your comments.
[1:54:45]
>> Well, I'm not prepared to live or die on
[1:54:47]
this particular issue because I don't
[1:54:49]
want to lose the good good work. But I
[1:54:51]
would point out that over 80% of the
[1:54:54]
communities in Vermont don't have
[1:54:55]
charters at all. And the one-year
[1:54:58]
concept that David is suggesting is
[1:55:00]
exactly what all those communities live
[1:55:02]
with. Newport city is the only
[1:55:05]
municipality in Orleans County that has
[1:55:07]
a charter. And what what you're
[1:55:10]
effectively saying is you don't trust
[1:55:13]
the Newport City Council to function as
[1:55:15]
well as Charleston Select Board or the
[1:55:17]
Bington Select Board or the Albany
[1:55:19]
Select Board. and for that matter most of the other
[1:55:25]
charters in the state aren't aren't this restrictive. But as I say,
[1:55:29]
I'm not prepared to live or die on this
[1:55:31]
issue at this time. I'm more interested
[1:55:33]
in the big picture of
[1:55:36]
getting something through that we could
[1:55:38]
look at as an improvement over what we
[1:55:39]
have now. Thank you, John. Any other
[1:55:42]
comments, Sharon, Andrew, or Carter?
[1:55:46]
>> Thank you.
[1:55:47]
I just had a question um for Joe and I
[1:55:50]
hope it's okay if I throw the sign.
[1:55:54]
>> If this were to take effect and you I've
[1:55:57]
done through these meetings you're
[1:55:58]
hearing from the public um and you're
[1:56:01]
managing a budget, how would this impact
[1:56:05]
your operations if you were to notify or
[1:56:07]
identify that we're running a deficit? I
[1:56:09]
mean, ideally, we're going to avoid it,
[1:56:11]
but there's unexpected things. And I
[1:56:12]
think mainly
[1:56:15]
previous meetings, we've talked about
[1:56:17]
personnel issues changing and market
[1:56:20]
variabilities that are completely out of
[1:56:22]
anybody in here's control.
[1:56:25]
With those things being considered, what
[1:56:27]
would be the impact? like how would you
[1:56:29]
have to adapt your budget if we couldn't
[1:56:32]
get a line of credit that ex you know
[1:56:35]
understandably
[1:56:36]
how would that impact your operations
[1:56:39]
like would that lead to firings would
[1:56:40]
that lead to services being cut I just
[1:56:43]
want to know what we're entering when we
[1:56:46]
accept this
[1:56:47]
>> and and I think that's thank you for the
[1:56:49]
question so I I think that's an
[1:56:51]
important question that maybe the
[1:56:52]
community needs to consider um I take
[1:56:56]
Ann's point uh to heart that the voters
[1:56:59]
have approved the budget and this is
[1:57:01]
what you should live within. Um while
[1:57:03]
there are extraneous circumstances that
[1:57:05]
will impact that budget. Um I do I still
[1:57:08]
to that point I understand this is what
[1:57:10]
was approved to stay within that budget
[1:57:13]
if we get there when we get there
[1:57:14]
because you know things happen over the
[1:57:16]
next decade if I'm lucky enough to be
[1:57:18]
here you'll see services cut because
[1:57:20]
this is what this is the number that the
[1:57:22]
voters approved. That's just and that's
[1:57:24]
what it would be. You see wck cut maybe
[1:57:26]
you lose a cop. I I don't know what it
[1:57:28]
looks like, but if you want me to stay
[1:57:30]
within budget, that's this is what
[1:57:32]
you're asking for is is to lose services
[1:57:34]
because that's what we provide.
[1:57:37]
But I do I take it to heart. This is
[1:57:39]
what you approve. This is what we spend.
[1:57:41]
>> Thank you, Joe. No, we're not going to
[1:57:42]
take more comment from the committee.
[1:57:45]
>> So, Carter, anything else you want to
[1:57:46]
say before we go to a vote?
[1:57:49]
>> I think that underscores it. We're
[1:57:50]
having these conversations with the
[1:57:52]
financial task force. There's more eyes
[1:57:54]
than ever. Um and yeah. Okay.
[1:57:58]
>> Thank you. Sharon, any final comments?
[1:58:02]
» And Andrew, you you took a pass on this,
[1:58:04]
right?
[1:58:05]
>> That is correct.
[1:58:06]
>> Okay. We don't have a motion.
[1:58:07]
>> We do not have a motion on the table.
[1:58:09]
So, if someone would like to make a
[1:58:10]
motion to change the current language,
[1:58:12]
now would be the time to do it.
[1:58:16]
The language that is the language that
[1:58:18]
the task force has put before us.
[1:58:28]
I yield to the financial task force
[1:58:30]
recommendations.
[1:58:33]
» We can read
[1:58:34]
>> the financial task force.
[1:58:35]
>> Sorry, sugar. Sorry, that's the one I
[1:58:36]
normally
[1:58:37]
>> I was going to say I can't take another
[1:58:38]
task force.
[1:58:41]
>> I yield to the charter task force
[1:58:43]
recommendations and we'll revisit this
[1:58:45]
in a couple years. I guess
[1:58:48]
>> Andrew.
[1:58:51]
>> Okay, John, I think you've already
[1:58:52]
spoken your mind about this and I know
[1:58:54]
Sharon's opinion. So, we do not have a
[1:58:55]
motion on the table and we'll move on.
[1:58:59]
>> Thank you everyone for a really
[1:59:00]
thoughtful and hard conversation.
[1:59:04]
» Did we already take action to remove or
[1:59:06]
election in a I think we did, right?
[1:59:08]
>> I know.
[1:59:11]
» To remove the words or election. Yeah,
[1:59:14]
that was the first and Dave's nodding
[1:59:16]
his head. Yes,
[1:59:16]
>> the very first one.
[1:59:17]
>> Yes, he did.
[1:59:18]
>> Thank you. Um
[1:59:21]
B, I'll just read. I don't Well, I don't
[1:59:24]
think there's any change we're asking
[1:59:25]
for there, right? Is there anybody who
[1:59:26]
would like to make a change to B?
[1:59:30]
>> Okay.
[1:59:30]
>> I I had a question um somebody on the
[1:59:33]
legislature.
[1:59:34]
Is there some definition of an allhazard
[1:59:37]
event as defined by state statute? Is
[1:59:39]
that something you guys reference? Okay,
[1:59:40]
then ahead. All right. Thank you. Good.
[1:59:43]
And C, total indebtedness of the city
[1:59:45]
shall not exceed 10% of the total
[1:59:47]
assessed value of the city's grand list.
[1:59:49]
Any comments or questions about that?
[1:59:50]
>> What does that equate to today?
[1:59:53]
>> 32 million.
[1:59:54]
>> Yeah. Yeah. The grand list is like 320
[1:59:57]
million.
[1:59:58]
>> Yeah. Okay.
[2:00:00]
>> Thank you.
[2:00:00]
>> No, thank you. That was a helpful
[2:00:01]
comment. Appreciate it.
[2:00:03]
>> Okay.
[2:00:06]
Charter task force members, you have
[2:00:08]
served us so well. So, don't go anywhere
[2:00:10]
because there may be some other items we
[2:00:12]
want to talk about tonight, but thank
[2:00:13]
you for all your work on this and we
[2:00:16]
couldn't we clearly could not have
[2:00:17]
gotten here without you. So, um I I know
[2:00:21]
of at least one other item that someone
[2:00:22]
would like to speak to besides
[2:00:24]
Jennifer's list of minor changes that
[2:00:28]
we've already agreed we'll ask Dave Rue
[2:00:30]
to take on. And I think Dave Brew and
[2:00:33]
Joe have a question that you all wanted
[2:00:35]
to put on the table um that had to do
[2:00:37]
with both the charter, the treasurer and
[2:00:39]
the city manager sections.
[2:00:43]
One of you want to speak to that. Dave,
[2:00:44]
do you want to speak to it first or
[2:00:48]
go ahead Dave?
[2:00:50]
>> Sure. Um I
[2:00:55]
it is a question. It's purely a question
[2:00:57]
of sort of of how the city
[2:01:00]
administration works and it's u the city
[2:01:03]
treasurer is given the duty to process
[2:01:06]
payroll employee benefits and tax
[2:01:09]
withholdings and my understanding is
[2:01:12]
that responsibility doesn't or has not
[2:01:15]
historically solely rested with the
[2:01:17]
treasurer and that the city manager and
[2:01:19]
the administration also handles uh
[2:01:22]
processing payroll employee benefits and
[2:01:25]
tax withholding. things. So, Joe and I
[2:01:28]
are thinking of making a two edits, one
[2:01:33]
to section 13E
[2:01:35]
and another to section 20 sub6 that
[2:01:39]
basically says the city treasurer
[2:01:42]
and the city manager shall process
[2:01:44]
payroll, employee benefits, and tax
[2:01:46]
withholdings. So it gives both it gives
[2:01:50]
the authority to address those uh
[2:01:53]
matters to both um officials I guess for
[2:01:56]
lack of a better way of putting it. But
[2:01:58]
it it it really does just codify what
[2:02:01]
the existing practice is and that city
[2:02:03]
manager administration handles payroll
[2:02:05]
benefits and tax withholdings and the
[2:02:07]
city treasurer is the one that signs the
[2:02:09]
check. So that's my understanding of how
[2:02:10]
that works.
[2:02:13]
>> So just so that we'll we'll take them
[2:02:15]
one at a time. Uh Dave, but I see the
[2:02:19]
one in s in 13E. Can you tell us where
[2:02:21]
to find the change that would take place
[2:02:23]
later under the city manager section?
[2:02:25]
>> Yeah, I was suggesting adding uh to the
[2:02:29]
end of 20
[2:02:32]
uh sub6
[2:02:34]
20 uh and I will
[2:02:37]
>> 20
[2:02:41]
» the city manager duties.
[2:02:43]
>> It's 28 I think, isn't it?
[2:02:45]
>> Yeah,
[2:02:45]
>> 28. Okay. Yes. Sorry.
[2:02:48]
>> Yeah.
[2:02:50]
>> Yes. 28 sub6.
[2:02:54]
And I would just add uh and with the
[2:02:58]
city treasurer process payroll, employee
[2:03:00]
benefits and tax withholdings to mirror
[2:03:03]
13.
[2:03:05]
>> So you're adding a comma.
[2:03:10]
And then could you read again what you
[2:03:11]
would add behind the comma after and its
[2:03:13]
future needs?
[2:03:15]
>> Yeah. I would say to keep the city
[2:03:16]
council fully advised of the financial
[2:03:18]
condition of the city of its future
[2:03:19]
needs and with the city treasurer
[2:03:22]
process payroll, employee benefits and
[2:03:25]
tax reporting.
[2:03:28]
>> Is that the way it works currently?
[2:03:31]
>> My office does all the processing.
[2:03:35]
>> Does the city manager have anything to
[2:03:36]
do with it currently? Jim,
[2:03:39]
>> he gets the reports.
[2:03:41]
weekly and if
[2:03:44]
there's any increase in salaries and
[2:03:45]
that type of thing, he lets us know. We do all the processing.
[2:03:52]
» Joe, do you want to speak to this?
[2:03:53]
>> I I do. So the so Sharon, the the reason
[2:03:56]
behind uh a proposal like this is not necessarily to have the city
[2:04:01]
manager, myself or future managers
[2:04:03]
actually do the process, but to have the ability to kind of backs stop
[2:04:08]
the treasurer. So, for example, if
[2:04:10]
something happens down in Jim's office,
[2:04:12]
it would be nice if somebody upstairs
[2:04:15]
could have the ability to then help and
[2:04:17]
do payroll and do do AP uh to be able to
[2:04:20]
cross trainin people to do this work.
[2:04:22]
The way this language sits, it says that
[2:04:24]
office shall do it. It doesn't give any
[2:04:26]
option to let anybody else do that work.
[2:04:29]
>> I don't have a problem with having a
[2:04:31]
backup.
[2:04:32]
>> Thank you, Jim. That's a helpful
[2:04:33]
comment.
[2:04:35]
>> So,
[2:04:36]
>> that was my next
[2:04:37]
>> Dave. Could you read it one more time?
[2:04:39]
and with the city treasurer, etc.
[2:04:42]
>> Yep. Hold on. I was just making uh the
[2:04:44]
change up in six, but uh Okay, so this
[2:04:47]
is 28 A
[2:04:51]
uh six would now read to keep the city
[2:04:54]
council fully advised of the financial
[2:04:57]
condition of the city and its future
[2:04:59]
needs and with the city treasurer or
[2:05:02]
Kama process payroll, employee benefits,
[2:05:05]
and tax withholdings.
[2:05:08]
Okay, council members, you all
[2:05:09]
understand the two changes. We won't do
[2:05:11]
them at the same time, but you
[2:05:12]
understand them.
[2:05:13]
>> Yes.
[2:05:15]
>> Okay. Are there questions that anyone
[2:05:17]
has on the council?
[2:05:22]
» Okay. Charter task force members,
[2:05:23]
anybody have an opinion about this?
[2:05:25]
>> Checks and balances were part of what we
[2:05:28]
were trying to do everywhere.
[2:05:31]
>> Okay. Folks in the community and
[2:05:34]
>> Yes. I'd just like Jim to address what
[2:05:37]
he means by process. And
[2:05:42]
who's who can sign the checks then? Um I
[2:05:46]
thought the treasurer was the person who
[2:05:48]
signed off on the checks for all
[2:05:51]
employees.
[2:05:52]
And now are we saying uh that um the
[2:05:57]
city manager or anybody in his division
[2:06:00]
can sign off on checks? So, we may need
[2:06:03]
to define what the process is. Um,
[2:06:06]
>> Dave Rue, can you speak to that, please?
[2:06:14]
» My understanding is the city treasurer
[2:06:16]
would continue to be able to sign
[2:06:17]
checks. It's the city manager that's
[2:06:20]
working with the treasurer to define
[2:06:23]
what the payroll is, employee benefits
[2:06:25]
are, and what the appropriate tax
[2:06:26]
withholdings would be
[2:06:30]
» because we have another place under the
[2:06:33]
treasurer section that states clearly
[2:06:34]
that it's the treasurer's responsibility
[2:06:37]
to sign off on all checks. Correct.
[2:06:40]
>> Correct. I believe that's in here.
[2:06:43]
>> What if you
[2:06:46]
Go ahead, Charlie. What if you Well,
[2:06:49]
I'm loud enough. That's okay. Um, what
[2:06:52]
if you just put in conjunction with
[2:06:56]
that way? It's not It's not an either or. It's you, city manager would
[2:07:02]
have to
[2:07:03]
do it in in conjunction with
[2:07:11]
» just a suggestion.
[2:07:12]
>> And it's basically the same. So, I'm I'm
[2:07:14]
fine with that edit. So it would say to
[2:07:16]
keep the city council fully advised of
[2:07:19]
the financial condition of the city of
[2:07:20]
its future needs and in conjunction with
[2:07:24]
the city treasurer process payroll
[2:07:27]
employee benefits and tax withholdings
[2:07:29]
and we would use the same uh and in
[2:07:32]
conjunction with update section 13E.
[2:07:37]
>> Okay, any questions about that?
[2:07:40]
>> Joe, you want to say anything further
[2:07:42]
about it?
[2:07:42]
>> No, sir.
[2:07:43]
>> Okay. Yeah.
[2:07:45]
>> So, does it in conjunction with mean
[2:07:48]
that the city manager signs off on these
[2:07:52]
checks or not? Because
[2:07:53]
>> No, it says the city treasurer signs off
[2:07:56]
on payroll checks.
[2:07:57]
>> Okay. So,
[2:07:58]
>> he helps he helps with tax. He helps
[2:08:00]
with the the income tax withholdings and
[2:08:04]
the hourly rates and so on.
[2:08:09]
» You can't do it. Joel saying
[2:08:11]
>> I'm sorry.
[2:08:12]
>> We can't do it. Joe's office would do
[2:08:14]
it. That's what he's saying.
[2:08:17]
For some reason,
[2:08:19]
>> well, in conjunction with, but it would
[2:08:21]
have to be
[2:08:24]
they can't just do it. Has to be in
[2:08:26]
conjunction with the That's why I added
[2:08:28]
that. So, there wasn't a split pal.
[2:08:32]
>> Well, everybody in my office is sick for
[2:08:34]
two months. I'll come in in conjunction
[2:08:36]
with
[2:08:37]
>> Exactly. At least you know what's going
[2:08:39]
on.
[2:08:42]
» All right. So, let's go back then to
[2:08:46]
uh section 13 E. And Dave, I'll ask you
[2:08:51]
to invite a motion using the exact
[2:08:52]
language that we're proposing.
[2:08:55]
So, I I recommend a motion be made to
[2:08:58]
alter section 13E. So, it reads, "The
[2:09:02]
city treasurer in conjunction with the
[2:09:04]
city manager shall process payroll,
[2:09:07]
employee benefits, and tax withholding."
[2:09:11]
>> I'll make that motion. I have a motion
[2:09:13]
>> second
[2:09:13]
>> and a second. Any further discussion?
[2:09:17]
>> Danny,
[2:09:26]
» this is just a question um really, but
[2:09:30]
I've been speaking with some people in
[2:09:36]
at the state level about authority,
[2:09:39]
specifically about the authority of C.
[2:09:41]
people to do certain things that mean
[2:09:45]
and when we're talking about the
[2:09:47]
approval of warrants
[2:09:50]
my understanding is that under Vermont
[2:09:53]
statute payroll is a warrant
[2:09:57]
in the charter language that we just
[2:10:01]
we're putting forward that says that the
[2:10:03]
city treasurer without special direction
[2:10:05]
of the voters of the city shall not
[2:10:06]
honor horns in excess of anticipated
[2:10:08]
revenues so
[2:10:11]
I would just maybe put out there that
[2:10:14]
there are more places in the charter
[2:10:16]
that we need to revisit if we're going
[2:10:18]
to share author that authority because
[2:10:21]
if we say, you know, the city manager
[2:10:24]
can can do this, but then
[2:10:28]
the city treasurer is the only one who's
[2:10:30]
not allowed, you know, then then it's
[2:10:31]
his it's Jim's authority that we're
[2:10:33]
talking about, you know, so so Joe could
[2:10:36]
essentially be writing checks that that
[2:10:39]
falls I mean, you know what I But but
[2:10:41]
that it would be on Jim's
[2:10:45]
it would be Jim's responsibility. He's
[2:10:47]
the one who would have to answer to it
[2:10:48]
by law, not Joe. So I think we should
[2:10:50]
just be clear about that because at the
[2:10:54]
state level they're really concerned
[2:10:56]
about whose authority in the city it is
[2:10:59]
to do certain things because of the
[2:11:01]
responsibility that's attached.
[2:11:04]
>> Thank you, Danny. Stay right there for a
[2:11:06]
moment because you may know this answer
[2:11:07]
to this question more than anybody else
[2:11:09]
does. I just want to ask where in the
[2:11:12]
charter proposed charter language do we
[2:11:15]
have the statement that I think I know
[2:11:16]
about that says that the city treasurer
[2:11:20]
shall have the authority is the person
[2:11:22]
who has the authority to sign warrants.
[2:11:26]
>> It is
[2:11:29]
just a
[2:11:31]
so many copies of the chart right now.
[2:11:35]
>> It is I believe
[2:11:39]
It's in that same section, right? In
[2:11:41]
section 13,
[2:11:42]
>> final section under N.
[2:11:44]
>> It's right.
[2:11:45]
>> Or is it I or is it
[2:11:48]
has it changed?
[2:11:50]
>> It's
[2:11:51]
>> Do we still not have the language at the
[2:11:53]
very end after M was its own clause? Has
[2:11:56]
that been updated already? The city
[2:11:57]
council without special direction.
[2:12:00]
>> That one is that one not there anymore?
[2:12:02]
>> We don't have an M. No, we got rid of
[2:12:04]
that.
[2:12:04]
>> We got rid of it and we moved it. Okay.
[2:12:06]
>> Yes.
[2:12:07]
>> Right. So, just to be clear, this the
[2:12:09]
letter I currently says the city
[2:12:10]
treasurer shall certify that there are
[2:12:12]
sufficient funds available to pay all
[2:12:14]
warrants presented to the city council
[2:12:15]
for approval and that the warrants
[2:12:17]
conform to to the adopted budget and pay
[2:12:20]
all warrants approved by the city
[2:12:22]
council. The city treasurer shall notify
[2:12:24]
the city council when the city treasurer
[2:12:26]
needs to access the approved line of
[2:12:27]
credit to cover warrants and
[2:12:29]
expenditures.
[2:12:31]
So, I'm just trying to make sure the
[2:12:35]
concern I I think I hear Danny raising
[2:12:36]
is have we muddied that statement
[2:12:40]
>> in by by
[2:12:42]
changing this other language.
[2:12:45]
>> So, we have section 20 going back at the
[2:12:49]
end of section 23.
[2:12:52]
I'm just confirming that's the right
[2:12:54]
number. Uh, no, sorry, that's 15. powers
[2:12:58]
and duties of city council.
[2:13:01]
At the very end of that one, the last
[2:13:05]
sentence says, "The city treasurer
[2:13:07]
without special direction of the voters
[2:13:09]
of the city shall not honor or pay
[2:13:11]
warrants in excess of anticipated
[2:13:13]
revenue."
[2:13:18]
» There is. So again, that puts the power
[2:13:21]
uh
[2:13:24]
the treasurer to withhold his signature
[2:13:26]
on checks if there's no money available.
[2:13:30]
>> Joe, you've been trying to speak and I
[2:13:31]
missed you. Sorry.
[2:13:32]
>> Yeah. No, no, it's it's confusing and if you don't live it, it's it's even
[2:13:38]
more confusing. So processing a payroll
[2:13:40]
is different than signing the checks
[2:13:43]
like Jim does and then approving the
[2:13:45]
warrant like the council does. This is
[2:13:47]
exactly the separation of duties that a
[2:13:49]
community would want. Right? So you'd
[2:13:51]
have an administration like myself
[2:13:53]
saying Joe gets paid $10.
[2:13:56]
Joe hands that to Jim and Jim says, "Hey
[2:13:59]
Jim, s 10 bucks for Joe." And Jim looks
[2:14:02]
at it and says, "Yeah, he gets that 10
[2:14:04]
bucks." And then it moves to the council
[2:14:06]
who then reviews it again and says,
[2:14:08]
"Okay, it looks like Joe gets his 10
[2:14:10]
bucks." Right? And that's that's the
[2:14:13]
manager in the scenario we're talking
[2:14:14]
about isn't approving a warrant and
[2:14:16]
they're not signing a check. They're
[2:14:18]
just making sure that piece of paper
[2:14:19]
gets to the next person in a separation
[2:14:22]
in a way that separates the duties. So
[2:14:24]
that way that person the next person
[2:14:26]
gets to do their part.
[2:14:29]
I guess I would just
[2:14:33]
maybe we should be a little clear about
[2:14:34]
that about the difference between
[2:14:36]
processing and and approving and what
[2:14:39]
that looks like and paying for everybody
[2:14:41]
because and actually the the part that I
[2:14:43]
was looking for is actually in section
[2:14:45]
15 which is duties of the city council
[2:14:47]
and it's the very final paragraph but it
[2:14:50]
is also talk about the city treasurer
[2:14:52]
there but so there's a lot I guess it
[2:14:55]
just speaks to my point that there's a
[2:14:56]
lot of places besides these that the
[2:14:58]
forum
[2:15:00]
that I think we would need to address if
[2:15:04]
we make those changes. But that's all
[2:15:05]
and I'm not speaking for it against the
[2:15:07]
changes. I'm just saying there's more
[2:15:09]
places than those two that I think we
[2:15:10]
need to.
[2:15:12]
>> Thank you.
[2:15:18]
» So Dave Rue, let me ask you a question
[2:15:21]
about process.
[2:15:23]
in the interest of being careful because
[2:15:26]
we want a proposal that is unassailable
[2:15:30]
to go to the voters that is in
[2:15:32]
inherently and internally consistent.
[2:15:35]
Um is there a way that we can
[2:15:38]
uh act on this tonight that still allows
[2:15:41]
us to check for consistency before the
[2:15:43]
council takes final action on it next
[2:15:45]
week?
[2:15:50]
» That's assuming there's an
[2:15:51]
inconsistency.
[2:15:52]
Correct. That's that's
[2:15:54]
>> also assuming that the and this is not
[2:15:56]
going to be unassalable. So there's two
[2:15:58]
assumptions in your question.
[2:15:59]
>> Fair enough.
[2:16:01]
>> Not going to play out. Um, with that
[2:16:04]
said,
[2:16:05]
um, I I can certainly check to see if
[2:16:12]
there's somewhere in the charter that
[2:16:14]
gives the city manager the authority to
[2:16:17]
override the treasurer's
[2:16:20]
uh, decision making as to the actual
[2:16:24]
expenditure of city funds, meaning
[2:16:26]
signing checks
[2:16:28]
because that seems to be what everyone
[2:16:30]
is concerned about.
[2:16:32]
is someone u writing checks without the
[2:16:36]
authority to do so
[2:16:40]
that I can come back on the 21st
[2:16:44]
or I'll have by Friday anyway a charter
[2:16:48]
that makes it clear whose job it is as a
[2:16:51]
backs stop on city funds going out the
[2:16:54]
door
[2:16:58]
» Hold on please I I just want to check in
[2:17:01]
with council
[2:17:03]
How would you like to manage this
[2:17:05]
council members?
[2:17:08]
>> I guess it's not entirely clear to me
[2:17:11]
that we need to do anything with this
[2:17:21]
» and in that
[2:17:23]
the city treasurer's office is not a
[2:17:25]
oneperson office.
[2:17:28]
There are two assistants there.
[2:17:36]
And if they need practical assistance
[2:17:38]
informally in terms of just getting the
[2:17:40]
job done, they they certainly can ask. I
[2:17:43]
don't think we need to have that
[2:17:49]
» Andrew and I looked at this as another
[2:17:51]
set of eyes and it to process payroll
[2:17:53]
and look at more the the employee
[2:17:55]
benefits and tax results to make sure
[2:17:57]
everything is current with new employees
[2:18:00]
and that sort of thing. That's what I was looking at. I didn't I
[2:18:04]
didn't read into the this is signing
[2:18:06]
checks or anything. I just assisting
[2:18:09]
with a process
[2:18:11]
>> with a new hire to make sure you know
[2:18:13]
from from all their paper from tags with
[2:18:16]
home loans to include 401k make sure
[2:18:18]
everything is set up properly with the
[2:18:20]
employee for people
[2:18:25]
I guess I'm I'm questioning if this is
[2:18:28]
really needed in our charter
[2:18:33]
>> because isn't that just part of our the
[2:18:36]
responsibilities of those offices
[2:18:41]
» Joe you want to speak to
[2:18:43]
I I missed of the witch offices
[2:18:47]
>> of the city man. So I bet Andrew is what
[2:18:49]
you're saying is the city manager double
[2:18:52]
checking to make sure if there's a new
[2:18:53]
hire that everything's the pro that
[2:18:56]
everything's in Jim's office. Is that
[2:18:58]
what you're saying?
[2:18:58]
>> That
[2:19:00]
Yeah, that's how that's how I read that
[2:19:03]
is to ensure that the
[2:19:07]
payroll is set up properly with the
[2:19:09]
withholdings and stuff with the
[2:19:10]
paperwork. So all the withholdings that
[2:19:13]
should be done are set up properly. More
[2:19:16]
of a the first time of a for a new hire
[2:19:20]
to make sure everything's set up
[2:19:21]
properly as opposed to signing their
[2:19:24]
payroll checks.
[2:19:26]
>> I was looking at it more of a more of a
[2:19:28]
you know go down make sure hey this you
[2:19:30]
know this employee gets X Y and Z and it
[2:19:33]
should be this amount. Do you have just
[2:19:36]
double check?
[2:19:36]
>> Right. I agree with you. So, I guess
[2:19:38]
what I'm saying is isn't that isn't that
[2:19:40]
just the role of being a supervisor or
[2:19:43]
in char you know the in charge of an
[2:19:45]
employee? Does it have to be stated
[2:19:46]
specifically in the charter?
[2:19:50]
>> Yeah. To speak to that, I was surprised
[2:19:52]
to see the treasurer shall process
[2:19:55]
payroll myself. Um, most most
[2:19:58]
communities that I I have worked with
[2:20:01]
and and know of don't. The treasurer
[2:20:03]
doesn't do that task. It's it's farmed
[2:20:05]
out to a separate employee.
[2:20:10]
» That's that's been discussed
[2:20:12]
before years back
[2:20:17]
» the possibility that someone else might
[2:20:19]
be preparing payroll for instance. Is
[2:20:21]
that what you're saying?
[2:20:22]
>> Contract payroll contract
[2:20:25]
>> uh not not nec I'm sorry
[2:20:28]
>> please. Um, not necessarily contract,
[2:20:30]
but I know Jim's the front office, even
[2:20:32]
with three staff, he's swamped right
[2:20:34]
now. If you go down there, you see poor
[2:20:36]
Robin just banging away at the computer
[2:20:38]
trying to, you know, catch your breath.
[2:20:40]
But, um, it would be nice if if the rest
[2:20:43]
of the staff instead of having a shall
[2:20:45]
have the treasurer shall do that to give
[2:20:48]
the option to let the rest of the staff
[2:20:49]
hover. It's just it seems like a
[2:20:52]
practical way to backs stop an employee
[2:20:54]
who's swamped. So Joe, if that's the
[2:20:56]
case, then I think a possible proposal
[2:20:59]
from you would be just to replace the
[2:21:00]
word shall with the word may. City
[2:21:03]
treasurer may process payroll, employee
[2:21:05]
benefits, and tax withholders.
[2:21:07]
>> But that creates another set of
[2:21:09]
problems.
[2:21:09]
>> Shall if you have two assistant
[2:21:12]
treasurers
[2:21:13]
um you know and cross train them um
[2:21:18]
because ultimately the treasurer's
[2:21:20]
office is responsible for all of that
[2:21:23]
>> and some somebody has to have a shallow
[2:21:25]
responsibility
[2:21:28]
and and historically that's the
[2:21:30]
treasurer's office. I mean Newport's not
[2:21:33]
big enough to have a separate, you know,
[2:21:35]
payroll
[2:21:38]
department.
[2:21:40]
>> Yeah.
[2:21:41]
>> Can I just say
[2:21:43]
>> Can I say something about payroll?
[2:21:45]
Newport stays payroll 40 hours in you
[2:21:48]
get $10 an hour. There's hundreds of
[2:21:51]
codes that have to be the payroll is
[2:21:53]
split up 25 or 30 different codes for
[2:21:56]
each person and we think about a day or
[2:22:00]
day and a half to just do the payroll.
[2:22:04]
Can I hold on hold on
[2:22:06]
>> I know I've taken a lot of air time
[2:22:08]
thanking the charter
[2:22:08]
>> Lori I see your hand
[2:22:10]
>> um when the charter was written in 198
[2:22:13]
1918 it was a whole other world right
[2:22:16]
this is the payroll and accounting is
[2:22:18]
nothing it's nothing like it used to be
[2:22:21]
so to keep to keep that process as
[2:22:23]
solely for a treasurer whose
[2:22:25]
responsibilities have also expanded um
[2:22:28]
it's a it's it's a very much outdated um
[2:22:32]
thought especially Especially with no
[2:22:34]
hope at all from the outside.
[2:22:36]
>> Thank you, Charlie. And then I have
[2:22:39]
another one where fix
[2:22:42]
shall oversee all of their
[2:22:47]
doesn't require them to do it, but it
[2:22:50]
requires them to know what's going on.
[2:22:53]
That would even allow them to contract
[2:22:55]
it.
[2:22:58]
» Joe, just out of curiosity, how do you
[2:22:59]
respond to that?
[2:23:04]
shall oversee
[2:23:06]
>> payroll process. I like the May better.
[2:23:11]
» Okay, Lori.
[2:23:20]
» Uh, I think I I think we're splitting
[2:23:22]
hairs because the charter is supposed to
[2:23:25]
be an overarching document of generally
[2:23:29]
what's supposed to be happening in the
[2:23:30]
city. We have a treasur's office. We're
[2:23:33]
talking about a person. And so I think
[2:23:37]
that's the first thing is are we talking
[2:23:40]
about the treasurer, whoever happens to
[2:23:43]
be that role. We're talking about the
[2:23:46]
whole office. The other piece is one of
[2:23:49]
the things that the financial task force
[2:23:51]
has been doing and I think we started
[2:23:52]
this last year is talking about the
[2:23:55]
segregation of docu segregation of
[2:23:58]
duties documents that say this office
[2:24:00]
says this and this office says that and
[2:24:03]
that's where we pull in the actual
[2:24:08]
um
[2:24:10]
what's the word I'm looking for the
[2:24:12]
actual duties the actual work that's
[2:24:15]
being done in those offices. So, I think
[2:24:18]
we're getting way off
[2:24:21]
um our whole thing tonight uh with this
[2:24:25]
because we're we're being too specific.
[2:24:27]
I mean, in my opinion, we're we're
[2:24:30]
laying out this is what he's going to
[2:24:32]
do. Boom, boom, boom, boom, boom. And
[2:24:34]
this is like I said, this is for me like
[2:24:36]
a standard operating procedure. This is
[2:24:38]
how this is kind of an overarching
[2:24:41]
document of how it's in general what is
[2:24:44]
supposed to happen. and we really need
[2:24:46]
to look at policies and procedures based
[2:24:48]
on each office and that's where we can
[2:24:50]
get a little bit more uh in the weeds.
[2:24:53]
>> Thank you, Mar. And please keep it
[2:24:56]
brief.
[2:25:00]
Somebody would have to clarify it for
[2:25:02]
me, but um from what I'm hearing, uh it
[2:25:07]
sounds as if the city treasurer does
[2:25:09]
process
[2:25:11]
uh payroll, employee benefits, and tax
[2:25:13]
withholdings, but that information that
[2:25:16]
you have comes from somewhere.
[2:25:20]
Does it come from the city manager's
[2:25:22]
office? And is is what the city manager
[2:25:25]
doing
[2:25:26]
um preparing
[2:25:28]
um the individual employee salaries,
[2:25:33]
benefits, and tax withholdings and then
[2:25:36]
giving that information to Jim? I don't
[2:25:39]
know the answer to that. Is one
[2:25:41]
preparing the information and giving it
[2:25:44]
to Jim and Jim's processing it? If
[2:25:47]
that's so, those are the two different
[2:25:49]
words that should be used for it. If
[2:25:51]
not, what what is happening uh that gets
[2:25:55]
Jim that information about what is the pay of an employee, what are the
[2:26:02]
benefits of that employee, and what is
[2:26:04]
the tax withholding of the employee.
[2:26:07]
>> Thank you.
[2:26:11]
» Uh so Jim's office when it says process
[2:26:14]
payroll, that's literally what he does.
[2:26:16]
His office does when I say treasurer
[2:26:18]
Lori, I don't mean I don't mean Jim. I
[2:26:19]
mean the office of
[2:26:20]
>> right
[2:26:21]
>> um he's he in the computer program he
[2:26:25]
knows how many the employee hands Robin
[2:26:28]
a time sheet she punches that
[2:26:29]
information in which code goes to which
[2:26:31]
department and she pays it
[2:26:35]
>> and where does the the document come
[2:26:38]
from that um you codes from that they
[2:26:41]
code from
[2:26:42]
>> the employee the employee time sheet
[2:26:45]
>> the employee
[2:26:46]
>> employee time sheet
[2:26:48]
>> and is Does that come from you?
[2:26:52]
>> Come from the department. Come from the
[2:26:54]
department.
[2:26:55]
>> So, if I could if I could jump in,
[2:26:58]
please, let me just try this. You
[2:27:01]
um I like Charlie's word oversee. And
[2:27:04]
one possibility would simply to be to in
[2:27:06]
I'm in section E now, subsection E of
[2:27:09]
section 13. City treasurer shall oversee
[2:27:12]
the processing of payroll, employee
[2:27:15]
benefits, and tax withholdings. You
[2:27:17]
could say there the city treasurer in
[2:27:20]
cooperation with the city manager shall
[2:27:22]
oversee the processing of payroll
[2:27:25]
employee benefits and tax withholding.
[2:27:28]
And all we've done is create possibility
[2:27:30]
there
[2:27:34]
for collaboration and cooperation which
[2:27:37]
is what we're trying to encourage.
[2:27:41]
Great. because I'm kind of what I'm
[2:27:42]
stuck on is the to's point. What does
[2:27:46]
process mean with issue work?
[2:27:49]
The treasur shall issue payroll employee
[2:27:53]
benefits and tax tax withholdings.
[2:27:56]
Not trying to throw out another idea,
[2:27:58]
but when I thought about the budget
[2:28:01]
cycle,
[2:28:03]
I guess the most recent one, Carrie was
[2:28:05]
the one who was digging into the
[2:28:07]
employee benefits.
[2:28:09]
And that's not downstairs. that's
[2:28:11]
upstairs. And
[2:28:13]
so there I think and to Lor's point, I
[2:28:17]
think there is more work to be done
[2:28:19]
elsewhere on rectifying and trying to
[2:28:21]
clarify whose role is what. But
[2:28:23]
ultimately I would as a city council
[2:28:26]
person like to what you were saying
[2:28:29]
build in where we can have more checks
[2:28:32]
and balances but without necessarily
[2:28:34]
stripping the treasur's role and money
[2:28:38]
those waters but ultimately building in
[2:28:40]
more checks.
[2:28:43]
So I'm good with moving forward with
[2:28:45]
some language that you presented.
[2:28:49]
I I just say maybe Ann is asking who
[2:28:52]
decides what the salaries are and the
[2:28:53]
benefits. We don't do that. That comes
[2:28:55]
from Joe's office and the council. They
[2:28:58]
give us the information that we process.
[2:29:02]
>> And in the case of the police
[2:29:03]
department, it's the union contract,
[2:29:05]
>> right?
[2:29:05]
>> Yeah. Then contract police and work
[2:29:09]
contracts specify what and that wording
[2:29:11]
is in the chart under the city.
[2:29:16]
So Joe, let me just ask you. If we went
[2:29:18]
with something like that, does that does
[2:29:20]
that respond to your concern? The city
[2:29:22]
treasurer shall in consultation with the
[2:29:25]
city manager oversee the processing
[2:29:29]
of etc.
[2:29:37]
» We can work with that. Like like you
[2:29:39]
said, we would scuttle the whole process
[2:29:41]
for one,
[2:29:42]
>> right?
[2:29:44]
Council members, your opinion?
[2:29:46]
>> I think Sharon.
[2:29:47]
>> Well, I think this all I just think this
[2:29:49]
all goes in line with kind of what Laura
[2:29:52]
was saying. We're trying to tighten up
[2:29:56]
policies and procedures, and this is one
[2:29:58]
of those procedures. This is also a good
[2:30:00]
example of what the task force went
[2:30:02]
through all summer long and the rabbit
[2:30:03]
holes we would go down and the
[2:30:05]
conversations we would have. And remember, we are an overarching
[2:30:11]
document as well. We aren't there for
[2:30:13]
every minute detail
[2:30:16]
or as a micromanager of each of the
[2:30:19]
offices and departments.
[2:30:21]
>> Yes. And that's
[2:30:22]
>> so by saying
[2:30:24]
sorry
[2:30:25]
>> sorry I thought you were done if I
[2:30:26]
didn't mean
[2:30:27]
>> oh so no I was just so I'm kind of I'm
[2:30:29]
and and checks and balance was a up in
[2:30:33]
the forefront of our work and so in
[2:30:36]
consultation with works I say we we get
[2:30:41]
that in there and move on.
[2:30:44]
>> Yeah. All I was going to say is that a
[2:30:45]
lot a lot of this discussion really
[2:30:47]
falls into policies and procedures
[2:30:50]
and
[2:30:51]
financial task force recommendations. It
[2:30:53]
really doesn't rise to the level of the
[2:30:55]
charter
[2:30:56]
>> exactly. That's that's how I'm feeling,
[2:30:59]
but I didn't know if that was correct or
[2:31:01]
not.
[2:31:02]
>> Well, I think that I think one of the
[2:31:03]
issues is that
[2:31:06]
by saying that the city treasurer shall
[2:31:10]
process, it implies that no one else has
[2:31:14]
the authority to do has a say in that.
[2:31:18]
And so in reality the function of the
[2:31:21]
city in doing these things flows from
[2:31:24]
the city manager council city manager
[2:31:27]
treasurer to process. So by adding in
[2:31:30]
the in section E in consultation with
[2:31:33]
the city manager overseeing the process
[2:31:36]
it removes that u
[2:31:40]
inference that it's only the city
[2:31:42]
manager's responsibility.
[2:31:46]
Okay. If I remember correctly, we have a
[2:31:48]
motion on the table. I
[2:31:49]
>> need to amend it. I made it. I
[2:31:52]
>> Or you can just withdraw it as it. All
[2:31:54]
right. Withdraw it.
[2:31:56]
>> Does that work for the second? Did
[2:31:58]
anybody make a second?
[2:31:59]
>> No.
[2:32:00]
>> Yeah. Andrew did.
[2:32:01]
>> Andrew.
[2:32:04]
Okay.
[2:32:05]
>> Okay. So, I have a withdrawal of the
[2:32:08]
motion that's approved by the second.
[2:32:10]
>> And
[2:32:10]
>> would you like me to uh suggest
[2:32:13]
>> Yes, please. again.
[2:32:14]
>> Yes, please.
[2:32:15]
>> All right. So, uh that section 13E of
[2:32:20]
the draft charter
[2:32:23]
read, "The city treasurer in
[2:32:25]
consultation with the city manager shall
[2:32:28]
oversee the processing of payroll,
[2:32:30]
employee benefits, and tax reporting."
[2:32:33]
>> I will make that motion. Thank you,
[2:32:35]
Danny, for bringing that up.
[2:32:36]
>> I have a motion,
[2:32:37]
>> a second,
[2:32:38]
>> and a second. Any further discussion
[2:32:40]
about this?
[2:32:42]
All in favor, please say I. I.
[2:32:44]
>> Opposed. Opposed. Nay. That motion
[2:32:47]
carries. Now, Dave, do we need to look
[2:32:49]
to the section 28?
[2:32:51]
>> Yeah, I would make a I would suggest
[2:32:53]
that uh the counselor make a motion to
[2:32:57]
amend section 28A
[2:33:00]
6. So it reads to keep the city council
[2:33:04]
fully advised of the financial condition
[2:33:06]
of the city and its future needs and in
[2:33:10]
consultation with the city treasurer
[2:33:13]
comma oversee the processing of payroll
[2:33:17]
employee benefits and tax withholdings.
[2:33:20]
>> So I've got a motion and a second. Any
[2:33:24]
questions about this?
[2:33:27]
Yeah, I'm I'm concerned
[2:33:30]
with um
[2:33:32]
two people overseeing when one pe one
[2:33:36]
person is responsible for a certain part
[2:33:39]
of it of a city treasurer. We've made
[2:33:43]
responsible for um keeping you know the
[2:33:46]
council apprised with respect to the
[2:33:49]
situation with respect to warrants and
[2:33:51]
he's certifying that warrants. uh
[2:33:54]
there's money in the bank to pay them,
[2:33:56]
etc. And now some of that might be going
[2:34:01]
over to the city manager, which he
[2:34:04]
didn't we the um the charter next day,
[2:34:08]
the city manager.
[2:34:09]
>> Okay. I think
[2:34:11]
>> you're in the wrong section, man.
[2:34:14]
>> I'm sorry.
[2:34:14]
>> The city manager who keeps the city
[2:34:16]
council fully advised of the financial
[2:34:18]
condition of the city,
[2:34:20]
>> not the treasurer.
[2:34:21]
>> Yes. Yes. But now you're are writing and
[2:34:23]
in consultation
[2:34:25]
oversee
[2:34:28]
>> and that means the city manager is
[2:34:30]
overseeing the same thing that is the
[2:34:33]
treasurer's uh that
[2:34:36]
>> I I hear the point. I hear your point.
[2:34:38]
>> Okay.
[2:34:38]
>> And it seems it seems like a fairly easy
[2:34:41]
fix because we're not proposing here
[2:34:44]
that the city manager is responsible for
[2:34:47]
the processing at the end of the day.
[2:34:49]
They're responsible for consulting with
[2:34:51]
and supporting.
[2:34:52]
>> It's just a system.
[2:34:53]
>> Yeah. So, you know, in that in that way
[2:34:56]
it could read and in uh and consulting
[2:34:58]
with the city treasurer in the
[2:35:00]
processing of payroll, etc.
[2:35:03]
>> Okay.
[2:35:04]
>> And consulting with the city manager.
[2:35:09]
>> No, with the city treasurer.
[2:35:10]
>> No, city treasurer
[2:35:12]
>> in the processing of payroll.
[2:35:14]
employee
[2:35:16]
benefits and tax holdings. So the motion
[2:35:18]
would read to amend 28A6
[2:35:23]
to keep the city council fully advised
[2:35:25]
of the financial condition of the city
[2:35:27]
and its future needs and consulting with
[2:35:30]
the city treasurer in the processing of
[2:35:33]
payroll employee benefits and tax
[2:35:35]
withholdings. almost sorry for for
[2:35:38]
Jennifer's sake what it needs to read
[2:35:40]
and to consult with
[2:35:43]
because otherwise you've got a consult
[2:35:44]
you've got a to keep and a consulting
[2:35:47]
they don't match
[2:35:48]
>> right so it would read
[2:35:49]
>> yeah okay
[2:35:50]
>> see it
[2:35:51]
>> so read it one more time for us Dave
[2:35:53]
please
[2:35:54]
>> to keep the city council this is 28A6
[2:35:58]
to keep the city council fully advised
[2:36:00]
of the financial condition of the city
[2:36:02]
and its future needs and to consult with
[2:36:06]
the city treasurer in the processing of
[2:36:09]
payroll, employee benefits, and tax
[2:36:11]
withholdings.
[2:36:12]
>> There it is. Is there somebody would
[2:36:14]
like to make that motion?
[2:36:18]
» Okay.
[2:36:19]
>> And a second.
[2:36:21]
>> Any further discussion about this item?
[2:36:24]
>> All those in favor, please say I.
[2:36:27]
>> Opposed? Nay. The motion carries.
[2:36:31]
Okay. Now, what we're going to do is go
[2:36:34]
back
[2:36:36]
to the very beginning and we're just
[2:36:38]
going to go I'm not going to read it.
[2:36:40]
We're just going to go to make sure
[2:36:41]
everyone has had a chance to say their
[2:36:42]
piece about anything in here. We're
[2:36:45]
going to go section by section and I'm
[2:36:47]
just going to pause and ask if the
[2:36:49]
council members or any member of the
[2:36:50]
charter task force or the community has
[2:36:52]
anything left to add or suggest. Okay.
[2:36:56]
So, beginning with section one,
[2:36:59]
establishment of the city, are there any
[2:37:00]
further changes that people would like
[2:37:02]
to contemplate? Hearing
[2:37:06]
none. Section two, uh, that's actually
[2:37:09]
transitional provisions, so there's
[2:37:11]
nothing there. Section three, city
[2:37:13]
boundaries and corporate powers. There's
[2:37:14]
been no change proposed.
[2:37:19]
Section four, form of government and
[2:37:21]
voter qualifications. We worked on this
[2:37:23]
a lot at our last meeting. Are there any
[2:37:25]
other concerns or or questions that
[2:37:27]
people would like to raise?
[2:37:33]
Section five on the warning and
[2:37:35]
convening of annual meeting.
[2:37:38]
It has four sections A, B, C, and D in
[2:37:41]
there. Subsections. Any concerns or
[2:37:44]
questions that folks would like to
[2:37:45]
raise?
[2:37:49]
Section six, election term appointment
[2:37:52]
recall and removal of city officers.
[2:37:55]
This has an A, B, C,
[2:37:59]
and D. each with sub points. Are there
[2:38:02]
any further changes? And I'll just pause
[2:38:04]
there for a moment. I don't want to get
[2:38:05]
going too fast.
[2:38:07]
Come on.
[2:38:17]
» So, I'm Robert from Newport. I'm also on
[2:38:21]
um the school board. And um
[2:38:26]
I know that you had the task force had a
[2:38:30]
couple people come into the school board
[2:38:32]
um to a meeting. I think it was very
[2:38:35]
last minute. They were they were invited
[2:38:37]
to the task meeting and I don't know
[2:38:38]
that all of their what they um all the
[2:38:44]
thoughts were
[2:38:46]
shared at that meeting because it was so
[2:38:49]
quick that they were invited to that
[2:38:51]
meeting. So, um I'm seeing where you're
[2:38:55]
at with this. Um, so I feel like we're a
[2:38:59]
little behind on getting our thoughts
[2:39:02]
into this charter. Uh, but I do think
[2:39:06]
that I
[2:39:08]
as a school board, we just met, which is
[2:39:10]
why I was like getting to this meeting
[2:39:12]
because our our meetings conflict. Um,
[2:39:16]
but I do think we we did talk about it
[2:39:18]
in our school board meeting. we would uh
[2:39:21]
appreciate the um the time to to put our
[2:39:26]
thoughts together and bring them
[2:39:28]
forward. Um
[2:39:31]
so that's where I would like to leave it
[2:39:33]
tonight. I just want to voice that the
[2:39:35]
school board has not um done due
[2:39:38]
diligence with the this charter and I
[2:39:41]
don't feel like we were given that
[2:39:43]
opportunity um for that.
[2:39:48]
>> Thank you.
[2:39:50]
Gabriu, is there
[2:39:53]
is it possible is it within our
[2:39:56]
uh power to
[2:39:59]
uh hold out this section for final
[2:40:02]
conversation at the next meeting
[2:40:06]
um and final decisions based on anything
[2:40:08]
that the school board members would
[2:40:10]
bring forward.
[2:40:14]
I'm not sure you have an opportunity to
[2:40:17]
warrant another public hearing
[2:40:21]
to consider those changes.
[2:40:24]
>> That's what I was afraid you were going
[2:40:25]
to say.
[2:40:27]
>> Wait,
[2:40:29]
Sharon. Well, yeah. I take I take um
[2:40:35]
offense isn't really the right word, but
[2:40:37]
I need to know for my own use here what
[2:40:40]
exactly
[2:40:43]
isn't setting well because
[2:40:46]
the school has always been in the
[2:40:49]
charter. The school is the current
[2:40:54]
charter that we live by
[2:40:57]
that was developed back years ago has
[2:41:00]
always been there. It has not changed
[2:41:04]
and now I think if anything it's just
[2:41:06]
making it more modern and up to-date
[2:41:08]
with what current practice is.
[2:41:12]
So I guess I'm a little confused.
[2:41:14]
you want to speak to that?
[2:41:24]
» Uh so I think um two things uh that
[2:41:29]
again we we haven't gone through it old
[2:41:32]
versus new um to the detail that we
[2:41:35]
probably need to. Um, but one of them is
[2:41:38]
how uh we're electing and appointing uh
[2:41:43]
school board members and I think the
[2:41:46]
other is
[2:41:48]
uh the new lease that we put into place
[2:41:51]
um with the the school.
[2:41:54]
>> Okay. So, can we talk about the first
[2:41:56]
one?
[2:41:56]
>> Stay right there. Go ahead, Sharon.
[2:41:59]
>> I don't I don't know that if I'm in the
[2:42:01]
position to
[2:42:02]
>> Well, here's our problem. Tonight's our night. We really have to
[2:42:06]
make some decisions.
[2:42:07]
>> I mean, we had this conversation at
[2:42:09]
length with Mary Ellen and with Aaron
[2:42:12]
and I don't think there's anything that
[2:42:16]
that's surprising with I mean you still
[2:42:18]
have five board members. Correct.
[2:42:21]
>> We do. Yes.
[2:42:22]
>> Not now. Okay.
[2:42:23]
>> And it's all three year staggered term
[2:42:26]
and they're elected. Is that the only
[2:42:28]
time in the current charter that we have
[2:42:32]
now?
[2:42:33]
The current charter says that when you
[2:42:36]
have a position that's not able to be
[2:42:40]
filled, that's when the city council can
[2:42:43]
appoint.
[2:42:46]
That hasn't changed any. That's been
[2:42:48]
that way for almost 100 years.
[2:42:52]
Um, so that shouldn't be a surprise. is
[2:42:54]
I mean Charlie can say that he was
[2:42:56]
actually appointed to the high school
[2:42:58]
board when they were in the same
[2:42:59]
situation. So we always will have
[2:43:02]
elected board members. The only time the
[2:43:04]
appointed part comes in is when you
[2:43:07]
can't find somebody to fill a vacancy.
[2:43:10]
That's nothing new. I mean and I believe
[2:43:14]
that's state statute too, isn't it?
[2:43:19]
» I think that's only till the end of the
[2:43:21]
term.
[2:43:23]
So am I correct that the only items here
[2:43:27]
that are referring to the school board
[2:43:30]
school trustees in particular are are
[2:43:32]
subsection A and B
[2:43:36]
>> for this section for this section and
[2:43:39]
then there are some other sections
[2:43:42]
>> okay but am I also correct that there is
[2:43:45]
no substantive change between the
[2:43:48]
current charter and the proposed charter
[2:43:51]
in the language in A or B
[2:43:55]
is that is that let me ask the charter
[2:43:57]
task force members is there anything
[2:44:01]
>> go ahead
[2:44:02]
>> se section six is electionter term
[2:44:05]
appointment recall and removal of city
[2:44:07]
officers
[2:44:09]
that's what section six is and so that
[2:44:12]
is why school trustees is put in here
[2:44:16]
under a as the election and term of city
[2:44:19]
council members ers and school trustees
[2:44:22]
because we're all elected officials.
[2:44:25]
And then it gets into the in the
[2:44:28]
original charter, remember it's talked
[2:44:30]
about the first year we have two, then
[2:44:32]
we have three, and then D. And now that
[2:44:35]
we're established, an established city,
[2:44:39]
the city council has we have that
[2:44:42]
staggered out. And then the school
[2:44:44]
trustees is staggered out and all school
[2:44:49]
um officials aren't elected the same
[2:44:52]
year.
[2:44:54]
It's staggered. That's why we put the
[2:44:56]
word staggered in there so that you're
[2:44:57]
not electing five people in the same
[2:44:59]
year.
[2:45:03]
And then that's basic that's it in
[2:45:06]
section six for the school. Then the
[2:45:09]
school has its own section.
[2:45:13]
later on in the charter.
[2:45:14]
>> So, let's hold on. Let's hold on there.
[2:45:16]
Let's just I just want to talk about
[2:45:17]
section six.
[2:45:19]
It doesn't look to me
[2:45:22]
as if there's a substantial change here
[2:45:23]
from the current charter.
[2:45:26]
Am I missing something?
[2:45:28]
>> No, there is a section B that reverses
[2:45:31]
school
[2:45:36]
» in section
[2:45:37]
>> in vacancies
[2:45:38]
>> in section.
[2:45:40]
>> Yes. But it doesn't change from the
[2:45:42]
current meaning of the chart.
[2:45:43]
>> Doesn't change anything.
[2:45:44]
>> Right. Jennifer Hopkins,
[2:45:46]
>> they they are affected by section D,
[2:45:49]
which is that they could be kicked out
[2:45:51]
of office. But I think the discussion of
[2:45:54]
the charter committee was that that
[2:45:56]
would only be done by the school board.
[2:46:03]
» Yeah.
[2:46:04]
>> I think my answer at this point is that
[2:46:07]
we had the charter members come meet
[2:46:09]
with the board and there was a first
[2:46:13]
public hearing and we could even have
[2:46:15]
taken action tonight if there were a
[2:46:16]
clear proposal, but I don't think we
[2:46:18]
have time to try and we can't I I take
[2:46:21]
the the attorney's advice to heart, we
[2:46:23]
don't have the op the option of holding
[2:46:26]
off on trying to make decisions about
[2:46:28]
this part of the content.
[2:46:30]
So unless the council would like to
[2:46:32]
propose something different, my
[2:46:34]
recommendation is that we move on and we
[2:46:36]
pause for a moment when we get to that
[2:46:38]
later section 20 whatever it is
[2:46:40]
>> 27 and just have a conversation again
[2:46:43]
about it there for a moment.
[2:46:45]
>> Okay. Unless you see something here that
[2:46:47]
you think is different than the current
[2:46:49]
practice or
[2:46:50]
>> I would have to
[2:46:52]
>> release it. I mean there was there was
[2:46:54]
in fact due diligence in the sense that
[2:46:56]
the charter task force
[2:46:58]
>> met with
[2:46:59]
>> I think there was a
[2:47:04]
I think
[2:47:06]
there there was I don't want to say
[2:47:09]
understanding maybe
[2:47:12]
um
[2:47:14]
what do I want to say uh
[2:47:18]
like not clear understanding of what the
[2:47:20]
process would be and how
[2:47:25]
what was being what was going to be
[2:47:27]
recommended would come back to the
[2:47:29]
school board.
[2:47:32]
Okay. I apologize for the
[2:47:33]
miscommunication.
[2:47:37]
» Okay. Is there anything else that anyone
[2:47:38]
would like to address in section six?
[2:47:42]
I'd like to address car. Go ahead.
[2:47:48]
» So, it appears that the argument here
[2:47:52]
not having an additional u public
[2:47:54]
hearing is timeline. I'd like to know
[2:47:56]
what that timeline is that can't be
[2:47:59]
crossed. Uh also uh there's no prohibit
[2:48:04]
you're not prohibited from having a
[2:48:06]
third or fourth or fifth meeting. Uh if
[2:48:09]
it's only for the purpose of um holding
[2:48:13]
this vote on November 3rd,
[2:48:16]
uh that shouldn't be a restriction of
[2:48:19]
having another meeting. We're going to
[2:48:21]
another annual meeting in March. This
[2:48:24]
can be addressed. The charter can be
[2:48:26]
addressed then. Thank you,
[2:48:30]
council members. Anything else on
[2:48:31]
section six?
[2:48:34]
Okay. Section seven, mayor and council
[2:48:37]
members of city council. Any changes?
[2:48:39]
We've worked that section tonight. I
[2:48:41]
don't think there's anything
[2:48:44]
on excuse me on on seven. That should be
[2:48:48]
a city a special city meeting in on line
[2:48:53]
six if we're changing
[2:48:57]
um all of those to reflect it's an
[2:49:01]
annual meeting or the next special city
[2:49:05]
meeting.
[2:49:06]
>> Fair enough.
[2:49:07]
>> Somebody want to make that motion to add
[2:49:09]
the word city between special and
[2:49:10]
meeting in the six line.
[2:49:12]
>> I've got a motion from Andrew in a
[2:49:13]
second. Roger.
[2:49:15]
>> Section seven, line six,
[2:49:18]
>> adding the word city to special city
[2:49:20]
meeting. All those in favor say I.
[2:49:23]
>> I.
[2:49:24]
>> Oppose. Nay. Motion carries.
[2:49:27]
>> Just a point. I had corrections of the
[2:49:30]
city in the section six which David's
[2:49:34]
going to do. So
[2:49:35]
>> those will be brought up later.
[2:49:36]
>> Okay. So nobody's going to
[2:49:38]
>> if you've got anything covered that
[2:49:39]
comes up, please reassure us and we'll
[2:49:41]
move on. Okay. Thanks.
[2:49:43]
Okay, moving on to
[2:49:46]
what is now section eight, powers and
[2:49:48]
duties of the mayor. Are there any
[2:49:51]
concerns that people would like to raise
[2:49:52]
about this section?
[2:49:59]
Hearing none, section nine, mayoral
[2:50:02]
approval and council members
[2:50:03]
reconsideration of vetoed actions. We
[2:50:05]
worked this section tonight as well. Is
[2:50:07]
there anything further people would like
[2:50:09]
to add?
[2:50:14]
Okay. Section 10,
[2:50:16]
uh, which has new language, right? We've
[2:50:19]
already agreed on police and
[2:50:22]
>> what's it?
[2:50:22]
>> Fire protection.
[2:50:23]
>> And fire protection. Yes. Anything that
[2:50:26]
people would like to suggest in section
[2:50:28]
10.
[2:50:32]
Okay. Section 11, Board of Civil
[2:50:34]
Authority and Board of Abatement.
[2:50:37]
Any concerns here? Can we go back to 10
[2:50:40]
for just a moment? Only because the 10
[2:50:43]
that I received outside doesn't have the
[2:50:46]
doesn't have that fire department on it.
[2:50:49]
>> No, it's because we were working from
[2:50:51]
the proposal that was on the website
[2:50:53]
this week from the charter task force.
[2:50:56]
>> Oh, I'm sorry. That is so modified to
[2:50:59]
that.
[2:51:00]
>> Correct.
[2:51:00]
>> Appropriate.
[2:51:01]
>> Yes.
[2:51:02]
>> Okay. Section 11, Board of Civil
[2:51:03]
Authority and Board of Abatement. There
[2:51:05]
any concerns that people would like to
[2:51:07]
raise here?
[2:51:12]
Okay. Section 12, city clerk.
[2:51:22]
Section 13, city treasurer.
[2:51:34]
Let's see where are we? Section 14, City
[2:51:37]
Assessor.
[2:51:48]
Section 15.
[2:51:50]
Those are having a hard time keeping up
[2:51:51]
on that paper copy. We're on page 14.
[2:51:54]
Okay. Section 15, powers and duties of
[2:51:57]
the city council,
[2:52:01]
followed by all the things we don't get
[2:52:02]
to do anymore because we struck them
[2:52:04]
all. I was really looking forward to
[2:52:06]
monitoring what people wear to the peach
[2:52:11]
and
[2:52:12]
so I I didn't get to raise this at the
[2:52:19]
task force meeting uh but as the
[2:52:22]
conversations have gone on I I and then
[2:52:24]
I thought about it I thought you know
[2:52:27]
maybe as a
[2:52:29]
in
[2:52:30]
uh to what the city um council should be
[2:52:35]
doing is something that would have
[2:52:38]
prevented a lot of our problems and
[2:52:41]
that's one of the things that we thought
[2:52:43]
about being proactive in making this
[2:52:46]
charter. One of the things that would
[2:52:48]
have helped us is if the council had to
[2:52:53]
approve every time monies were removed
[2:52:57]
from a restricted fund, an unrestricted
[2:53:01]
fund
[2:53:03]
or a we don't have any that I now, but
[2:53:06]
we might have one eventually, a reserve
[2:53:08]
fund.
[2:53:10]
So that before monies could be removed
[2:53:12]
from any of those funds, you would you
[2:53:15]
would the council would have to approve
[2:53:17]
it and we would know and and know what
[2:53:20]
the new balance is in those funds and
[2:53:22]
know why the money had been removed from
[2:53:26]
those funds because what happened over
[2:53:28]
about a 10-year period as you recall is
[2:53:32]
unbeknownsted I think unnowns to the
[2:53:34]
public unbeknownst to I think the
[2:53:37]
council
[2:53:39]
those funds were depleted and then there
[2:53:42]
was hardly any money left when you were
[2:53:44]
looking around at the last minute and
[2:53:46]
there was a deficit. It was hardly any
[2:53:48]
monies left in any of those funds to
[2:53:51]
take and then Chip came along and
[2:53:53]
helpfully move them out and uh that made
[2:53:57]
our debt a little bit smaller.
[2:54:00]
But I think there needs to be active
[2:54:02]
monitoring of any funds. We don't have
[2:54:05]
any right now. I mean, I don't think
[2:54:07]
there's hardly any funds that we have
[2:54:10]
put money into this year. And ship said,
[2:54:12]
you're not going to even be able to put
[2:54:13]
money in this year. So, I think all
[2:54:17]
those funds need to be monitored. And
[2:54:20]
having the city council approve every
[2:54:24]
withdrawal from any of those funds would
[2:54:27]
be a real help in that direction.
[2:54:30]
And it would be a simple sentence like
[2:54:33]
the city uh council
[2:54:36]
um must approve
[2:54:39]
any withdrawals from
[2:54:42]
restricted funds, unrestricted funds or
[2:54:45]
reserve funds.
[2:54:56]
Council
[2:55:04]
members, you have anything you want to
[2:55:05]
say about this? We get the reports now
[2:55:09]
that show all of the
[2:55:12]
to and from the various funds and
[2:55:21]
I don't think we should add that without
[2:55:23]
the financial task force really looking
[2:55:25]
at it and getting getting some input
[2:55:28]
from uh the city auditors andor chip.
[2:55:32]
>> Yeah, I was just thinking that we have a
[2:55:34]
meeting on Wednesday so we can it with
[2:55:37]
does the same timeline that school board
[2:55:41]
is.
[2:55:42]
>> Yeah. I mean, honestly, at this point,
[2:55:44]
that feels like a decision that could
[2:55:46]
have pretty significant implications.
[2:55:48]
And my answer would be the same one that
[2:55:50]
some of us just swallowed hard on in
[2:55:51]
section 20, which is if we're unhappy
[2:55:54]
with this two, three years down the
[2:55:55]
road, we can always come back and take
[2:55:57]
another crack at it.
[2:55:59]
But it feels like this is not the right
[2:56:02]
time to try and put language before us
[2:56:04]
that we hadn't considered in any way.
[2:56:07]
And I think I just want to correct the
[2:56:09]
narrative a smidgen. Um, and although I
[2:56:12]
agree with the intent and the what that
[2:56:16]
would usher is transparency and public
[2:56:20]
eyes on the moving of funds, which I
[2:56:22]
have no disagreement, but
[2:56:25]
the sinking funds snafu that we got, we
[2:56:29]
found ourselves in, it wasn't because
[2:56:30]
funds were removed
[2:56:33]
illicitly. They were never contributed
[2:56:36]
to. We never had the funds that the
[2:56:38]
budget said we did.
[2:56:40]
So
[2:56:41]
>> that's true.
[2:56:41]
>> Yeah. So can be both narratives. We had
[2:56:44]
this like sinking funds and what I think
[2:56:46]
you were striving for which I agree with
[2:56:48]
um and I think it's worthy of a more
[2:56:50]
in-depth conversation on how do we
[2:56:52]
ensure more eyes more accountability for
[2:56:57]
the movement of those funds. But what we
[2:57:00]
have been dealing with is just the lack
[2:57:02]
of the funds. It wasn't that they were
[2:57:04]
there at one point. It was just they
[2:57:05]
were never contributed into that number
[2:57:07]
that was on the budget sheet.
[2:57:10]
at all substantiated, but I think they
[2:57:14]
>> in any case, unless the council has a
[2:57:15]
stomach to take this on tonight, my
[2:57:17]
recommendation is that this one is not
[2:57:19]
we we don't have time to season it
[2:57:21]
appropriately.
[2:57:25]
Any other comments on this section?
[2:57:27]
Which section are you in here?
[2:57:31]
>> 15.
[2:57:33]
>> I did.
[2:57:38]
Thank you.
[2:57:42]
» Okay. Hearing no other comments. Moving
[2:57:45]
on to section 16, water and sewer
[2:57:47]
systems.
[2:57:54]
Section 17, sale, purchase, or lease of
[2:57:56]
cityowned property.
[2:58:04]
» So that one again. Oh, you want to come
[2:58:06]
back?
[2:58:14]
» This one again. I don't know if we have
[2:58:17]
a problem or not, but we do lease this.
[2:58:23]
We did get into a lease agreement with
[2:58:26]
the city for the school because of
[2:58:28]
insurance reasons, and it is like kind
[2:58:33]
of perpetual. I don't know if we put
[2:58:35]
years on it. I forget exactly how it was
[2:58:37]
worded. Um, but it does exceed that five
[2:58:40]
years. So, I don't know if we have a
[2:58:42]
conflict there.
[2:58:43]
>> That's a good question. So, who wants
[2:58:46]
>> to
[2:58:49]
have a one-year lease?
[2:58:51]
>> Renewable.
[2:58:52]
every year. And we have the
[2:58:55]
lease. We asked um Carrie to fund it for
[2:58:59]
us and and we we read the lease over at
[2:59:03]
our task force meeting.
[2:59:05]
So for my verification, who's the
[2:59:07]
landlord? Who's the tenant? Which way
[2:59:08]
does it go?
[2:59:09]
>> So the city is the landlord, right?
[2:59:12]
>> The school is the tenant.
[2:59:13]
>> City own city owns the property. And
[2:59:15]
that's why we have to do a lease because
[2:59:17]
otherwise the city may have premises
[2:59:21]
liability uh absent the the existence of
[2:59:24]
the lease. And so
[2:59:26]
>> the building is owned by
[2:59:28]
>> if I understand it, letter C there says
[2:59:31]
the city council may lease city owned
[2:59:33]
real estate for a term not exceeding
[2:59:35]
five years.
[2:59:37]
>> Right? So if these are one-year terms
[2:59:38]
and we just keep renewing them, then
[2:59:40]
there's no problem here. Okay. But it's
[2:59:42]
a good question that I didn't know the
[2:59:44]
answer to. So thank you.
[2:59:46]
Anything else in section 17?
[2:59:51]
Okay. City section 18 on city
[2:59:53]
expenditures.
[2:59:58]
Okay. City 19, assessment, I'm sorry,
[3:00:01]
section 19, assessment of of taxes on
[3:00:03]
grand list.
[3:00:08]
Section 20, revenues, credit, and
[3:00:11]
appropriations.
[3:00:12]
>> Yes, sir. Go ahead.
[3:00:14]
>> We we lost one thing in our rewrite of
[3:00:17]
20 that I think was actually really
[3:00:19]
beneficial for the city. And you said
[3:00:20]
want to set you up for success, not
[3:00:22]
failure, right?
[3:00:24]
uh old section C, new section D in the term when it when it talks about
[3:00:30]
the tall hazard event. Let's say a
[3:00:32]
tornado completely destroys the
[3:00:34]
wastewater treatment facility. That has
[3:00:37]
a very long life expectancy and we
[3:00:39]
shouldn't be forced to pay for its
[3:00:41]
entire reconstruction in 5 years, which
[3:00:43]
would really put a strain on the city if
[3:00:46]
it was if we could take out a 30, you
[3:00:48]
know, year note on it. I really liked
[3:00:50]
our old language that not more than five
[3:00:52]
years or a term not to exceed the
[3:00:54]
reasonably anticipated useful life of
[3:00:57]
the emergency infrastructure services.
[3:00:59]
Uh if it wipes out something major, we
[3:01:01]
want may want to take longer to repay
[3:01:03]
that loan than 5 years. I feel like
[3:01:06]
that's
[3:01:10]
» logic.
[3:01:13]
» So do I hear you making a specific
[3:01:16]
suggestion, Travis? I I the only thing I
[3:01:20]
don't like about the old one is it
[3:01:21]
doesn't say what the new one or the the
[3:01:24]
B says that it's specifically to fund
[3:01:27]
emergency infrastructure or service
[3:01:29]
restoration. I'd like it if y'all put
[3:01:30]
that in there because it's not just a uh
[3:01:33]
you know freeforall. But if it was a big
[3:01:36]
expensive piece of infrastructure that
[3:01:38]
was destroyed, I think that that having
[3:01:41]
the debt service for the the life
[3:01:43]
expectancy is not unreasonable and
[3:01:45]
wouldn't put us in such financial strain
[3:01:48]
following an immediate emergency.
[3:01:52]
>> Does the state statute on all hazard
[3:01:55]
read more along the lines of the
[3:01:57]
original one five years or the term not
[3:01:59]
to exceed the reasonably?
[3:02:00]
>> It probably does, but I assume that
[3:02:02]
David put that in. So I assumed he
[3:02:04]
researched it before he did. So this
[3:02:06]
wasn't language that we created for the
[3:02:08]
>> state statute says five years
[3:02:12]
ago that some
[3:02:16]
>> I Danny had done a lot of research on
[3:02:18]
that particular hazard hazardous event
[3:02:22]
part.
[3:02:25]
» I'm looking it up right now.
[3:02:28]
>> Dave Rue, do you have an opinion about
[3:02:30]
this?
[3:02:39]
I am uh in favor of giving the city more
[3:02:43]
flexibility to address
[3:02:46]
uh infrastructure projects especially
[3:02:49]
after damages in an emergency. So you
[3:02:52]
know I would say up to 5 years of debt
[3:02:55]
service or for such other term not to
[3:02:58]
exceed the reasonably anticipated useful
[3:03:00]
life
[3:03:02]
uh for such emergency infrastructure or
[3:03:05]
services restoration. I'd have to word
[3:03:07]
sniff it again because it got a little
[3:03:09]
mixed up. But
[3:03:10]
>> but isn't that what it already says?
[3:03:13]
>> It says five years.
[3:03:15]
>> No, they took out the reasonably
[3:03:17]
anticipated useful life.
[3:03:19]
>> Yeah. The No,
[3:03:21]
>> the version did.
[3:03:22]
>> No, we didn't.
[3:03:24]
>> The version.
[3:03:24]
>> No, we did not. It's right there
[3:03:26]
>> in the section. In the in the update
[3:03:29]
>> in the update, Shar update. In the
[3:03:32]
update, we lost that language.
[3:03:33]
>> Yeah. And we voted on the update or they
[3:03:36]
voted on the
[3:03:39]
>> Yeah, the I'm looking at the 9826
[3:03:42]
copy of task force updates and it does
[3:03:44]
not say anything about emergency. We
[3:03:48]
really anticipated you. So like you also
[3:03:49]
took out declared state of emergency
[3:03:51]
which I don't like but I'm willing to go
[3:03:53]
along with it. The small house has drove
[3:03:55]
in is essentially the same thing,
[3:03:57]
>> right? That's why it came out.
[3:04:00]
>> Okay. So what I hear Travis saying and I
[3:04:03]
think I finally understand it is that
[3:04:06]
when we worked earlier for so long on
[3:04:08]
section 20,
[3:04:10]
we we adopted section we we allowed
[3:04:12]
section B to stand. the recommendation
[3:04:15]
that the council that the task force was
[3:04:17]
making and what I hear Travis saying is
[3:04:21]
that he prefers the language
[3:04:24]
from
[3:04:26]
>> section C in the order earlier version
[3:04:30]
>> and it's also self-limiting because
[3:04:32]
something that would cost that much is
[3:04:34]
going to last that long.
[3:04:36]
>> Understood. I understand the problem
[3:04:38]
now. So the fix for it if I'm not
[3:04:40]
mistaken Travis would be to simply
[3:04:43]
replace
[3:04:45]
Section C
[3:04:48]
from the charter amendments with
[3:04:51]
strithroughs and additions approved on
[3:04:52]
September 3rd with
[3:04:56]
replace B from the charter
[3:04:58]
recommendations from September 8th with
[3:05:00]
section C from the September 3rd version
[3:05:05]
that simple because you have to change
[3:05:07]
the subsection and they took they made
[3:05:09]
all hazard events plural
[3:05:12]
um and deleted declared a state of
[3:05:14]
emergency.
[3:05:15]
>> All right. So, let's fix it, Dave.
[3:05:17]
>> Well, yeah. So,
[3:05:20]
thanks, Mayor.
[3:05:23]
You're welcome. Okay. I got it. It's uh
[3:05:26]
here we go. It's going to say
[3:05:31]
take out service, I think. So,
[3:05:35]
um,
[3:05:38]
notwithstanding subsection A of this
[3:05:41]
section, in the case of all hazard
[3:05:44]
events as defined by state statute, the
[3:05:47]
city council may borrow up to five years
[3:05:51]
or sorry, may borrow not more than five
[3:05:55]
years may borrow for a period of not
[3:05:59]
more than five years. Sorry,
[3:06:02]
let me fix that.
[3:06:05]
May borrow for a period of not more than
[3:06:08]
five years or a term not to exceed the
[3:06:10]
reasonably anticipated useful life of
[3:06:13]
emergency infrastructure or services to
[3:06:17]
fund Oh, sounds reasonably anticipated
[3:06:20]
useful life to fund emergency
[3:06:23]
infrastructure services. I'll reread it.
[3:06:26]
Hold on.
[3:06:28]
for services restoration, I guess.
[3:06:34]
» All right, let's try this again. Uh 20B.
[3:06:39]
Notwithstanding subsection A of this
[3:06:41]
section, in the case of all hazard
[3:06:45]
events as defined by state statute, the
[3:06:48]
city council may borrow for a period of
[3:06:50]
not more than five years or a term not
[3:06:56]
to exceed the reasonably anticipated
[3:06:58]
useful life to fund
[3:07:02]
emergency infrastructure or
[3:07:06]
services restoration.
[3:07:09]
Yeah, I think you got through that.
[3:07:15]
» Council members, anybody want to make
[3:07:16]
that motion? I will.
[3:07:18]
>> John made a motion.
[3:07:18]
>> I will second.
[3:07:19]
>> Carter seconded. Any other comments or
[3:07:22]
questions about this section?
[3:07:27]
» All those in favor say I.
[3:07:29]
>> I.
[3:07:30]
I.
[3:07:31]
>> Oppose. Nay. That motion carries. Thank
[3:07:34]
you, Travis. And thank you very much,
[3:07:35]
Dave. Anything else in section 20?
[3:07:42]
I'm going to sleep tonight thinking
[3:07:44]
about section 20.
[3:07:47]
Okay. Section 21 was transitional
[3:07:49]
provisions. Section 22 regards bonds of
[3:07:52]
city officers. We've worked and worked on this one also. Any any
[3:07:57]
other comments or improvements?
[3:08:04]
Hearing none. Section 23 was
[3:08:06]
transitional provisions related to
[3:08:08]
financial assets.
[3:08:10]
24 transitional provisions related to
[3:08:12]
financial liabilities and assets.
[3:08:14]
25. Transitional provisions related to
[3:08:16]
the books and records of the town of
[3:08:17]
Newport. 26. Transitional provisions
[3:08:20]
related to the books and records of the
[3:08:21]
town of Derby.
[3:08:24]
27. Here we go. Kenne, we're back to
[3:08:26]
you. Public schools and school property.
[3:08:32]
We've struck a considerable amount of
[3:08:34]
material and cut it down to A, B, and C.
[3:08:38]
And I'm just going to read it.
[3:08:40]
Management and control A, the management
[3:08:41]
of control of public schools and all
[3:08:43]
school property is vested in a board of
[3:08:45]
five school trustees. Said trustee shall
[3:08:47]
be votified residents of the city and
[3:08:48]
registered voters.
[3:08:52]
B. In the event of a vacancy on the
[3:08:54]
board of school trustees, the remaining
[3:08:55]
trustee shall by majority vote of those
[3:08:57]
present in voting appoint a qualified
[3:08:59]
person to fill a vacancy on the board of
[3:09:01]
school trustees. If after 60 days of the
[3:09:04]
creation of the vacancy, the board of
[3:09:05]
school trustees has uh fails to fill the
[3:09:08]
vacancy, the vacancy may be filled
[3:09:09]
pursuant to section 6B of this charter
[3:09:12]
which we talked about earlier. If there
[3:09:14]
are vacancies in a majority of the board
[3:09:16]
of school of trustees, the vacancy shall
[3:09:18]
be filled by a special city meeting
[3:09:19]
called for that purpose. The remaining
[3:09:21]
trustees are, or if none in office, the
[3:09:24]
city treasurer is authorized to draw
[3:09:26]
orders for payment of continuing
[3:09:28]
obligations and necessary expenses until
[3:09:30]
a majority of the vacancies are filled.
[3:09:33]
Section C. The board of school trustees
[3:09:35]
shall make an annual report of their
[3:09:37]
revenue and expenditures to the city
[3:09:38]
council and city clerk no later than the
[3:09:40]
beginning of the last week of January in
[3:09:42]
each year for the last preceding fiscal
[3:09:44]
year. And in this report they shall make
[3:09:46]
estimates of the necessary expenditures
[3:09:48]
for the support of schools for the
[3:09:49]
ensuing fiscal year. The amount of
[3:09:51]
school income to be derived from sources
[3:09:53]
other than taxation. The amount of money
[3:09:55]
to be raised by taxation for the support
[3:09:56]
of said schools. Which report shall be
[3:09:58]
published with the annual report of the
[3:10:00]
city as herein provided? The school
[3:10:02]
trustee shall provide proof of bonding
[3:10:04]
or comparable insurance coverage to the
[3:10:06]
city.
[3:10:08]
Are there any concerns or questions
[3:10:10]
about this section?
[3:10:12]
Charlie,
[3:10:14]
>> I don't have a concern or a question,
[3:10:16]
but um
[3:10:19]
yeah, I'm a little I'm a little taken
[3:10:22]
back by saying that we didn't give them
[3:10:24]
due diligence because I'm pretty sure we
[3:10:27]
did. Um
[3:10:29]
so we met over a month ago
[3:10:34]
with the school uh principal,
[3:10:38]
other people. We invited everyone. and
[3:10:40]
they're the ones that showed up. Um,
[3:10:43]
they worked with us on this
[3:10:46]
so they knew what the wording was before
[3:10:48]
they left
[3:10:50]
um because that well I mean we may have
[3:10:52]
tweaked it a little bit but not much. We
[3:10:55]
still give them all the same powers.
[3:10:57]
We've got rid of Newport
[3:11:01]
school or Newport graded school and east
[3:11:04]
school and west school and schools that
[3:11:06]
don't exist.
[3:11:07]
>> That's why that was all
[3:11:10]
But if they I mean Kian I if they had a
[3:11:14]
problem with it. We had a month we had
[3:11:17]
meetings twice a week. Um we told the
[3:11:21]
school board
[3:11:23]
when we got done that day. We spent
[3:11:26]
several hours. Um that if there were any
[3:11:29]
other concerns, please bring them back
[3:11:31]
to us because we were working on
[3:11:35]
and we get them on, you know, two hours
[3:11:38]
before the last minute. we have time to
[3:11:40]
do it and we don't even know what the
[3:11:43]
problem is. So the only difference in
[3:11:46]
here they still have the power to do
[3:11:48]
everything. We did we did um
[3:11:54]
ensure that a vacancy on the school
[3:11:56]
board would be filled
[3:11:57]
>> will not endure beyond two months
[3:11:59]
>> because that has not happened. I think
[3:12:01]
we've been without two school board
[3:12:04]
members for what two years?
[3:12:08]
>> What? one going on two.
[3:12:10]
>> No, not going on.
[3:12:12]
>> Okay. So,
[3:12:13]
>> we're down one at the moment. So, if
[3:12:16]
anybody would like to join our
[3:12:17]
schoolboard meeting, we would love
[3:12:19]
people
[3:12:20]
>> to come and not even but if you would to
[3:12:26]
>> just come and be an audience of the
[3:12:29]
school board, we would love to have you.
[3:12:31]
>> That's a great invitation and I hope
[3:12:32]
folks will take seriously. Sharon.
[3:12:35]
>> Yeah. Um, I think as a council we messed
[3:12:40]
up because it was in the current charter
[3:12:44]
that we should have appointed somebody
[3:12:46]
to that school board a long time ago
[3:12:49]
because I believe it's been a year and a
[3:12:50]
half that they have been down a member
[3:12:54]
and we didn't do it. We messed up.
[3:12:56]
There's no other way to put it. We
[3:12:58]
screwed up.
[3:13:00]
Now that
[3:13:02]
now it's in the charter, but that's
[3:13:03]
nothing new. It's always been in the
[3:13:05]
charter that if the school board doesn't
[3:13:09]
find somebody then they have then it's
[3:13:12]
an appointed position.
[3:13:14]
And I'll also say that I gave the school
[3:13:17]
board a couple of names and I don't
[3:13:19]
believe the school board acted on either
[3:13:21]
one of those names.
[3:13:24]
So
[3:13:25]
there you have it.
[3:13:28]
>> Okay. There's clearly
[3:13:30]
room for more conversation here, but not
[3:13:33]
tonight. In my judgment, this does not
[3:13:36]
propose a significant change from what's
[3:13:38]
been in the charter. It simply cleans up
[3:13:40]
the language and makes it easier to
[3:13:41]
understand.
[3:13:42]
>> Yeah. Substantively, it's really saying
[3:13:44]
>> the same thing.
[3:13:45]
>> That's right.
[3:13:46]
>> It's just easier to read.
[3:13:47]
>> So, my recommendation is that y'all,
[3:13:50]
meaning in the southern sense of the
[3:13:51]
word, all of us, we all need to be
[3:13:55]
invested in making sure that the school
[3:13:57]
board has good members and and people
[3:13:59]
who are invested in watching what's
[3:14:00]
going on and being a part of the
[3:14:01]
conversation. I think we all agree about
[3:14:04]
that in this room. Okay, let's move on.
[3:14:07]
Section 28, city manager. Anything
[3:14:09]
people want to add here.
[3:14:20]
Okay. Hearing none. Uh section 29 was
[3:14:23]
transitional provisions. Section 30 is
[3:14:26]
the section on the harbor commission.
[3:14:30]
Any comments about that section?
[3:14:36]
by gum. I think that's it.
[3:14:38]
>> Right.
[3:14:44]
» Oh, there's a 31.
[3:14:45]
>> Yes.
[3:14:47]
>> Sorry, it's not in mine. What's Oh,
[3:14:49]
there it is. Right at the bottom. I'm
[3:14:50]
sorry. Yes. Is there anybody who wants
[3:14:52]
to comment on the legal language around
[3:14:53]
sever severability?
[3:14:57]
Okay. Hearing none. Are there any other
[3:15:00]
comments, council members, from you
[3:15:02]
about any portion of the proposed
[3:15:04]
changes that we have considered?
[3:15:09]
>> I think a common ground was respectfully
[3:15:11]
reached and I'm pretty proud of this
[3:15:13]
document and eternally grateful for the
[3:15:16]
continuing work. Even in between these
[3:15:18]
two dang public hearings, you all still
[3:15:21]
met and deliberated and um
[3:15:24]
constructively guided this process. So,
[3:15:30]
» charter task force members, anything
[3:15:31]
else y'all want to say besides please
[3:15:33]
God, let me out of this room.
[3:15:38]
» Hearing none. Any members of the
[3:15:39]
community want to speak to this before
[3:15:40]
we move on?
[3:15:43]
>> Okay, Dave, anything else from you?
[3:15:47]
>> Uh, couple things. one. I will try very
[3:15:52]
hard tomorrow to have a red line and
[3:15:56]
clean version
[3:15:59]
uh comparing what we are agreeing on
[3:16:01]
tonight with Jennifer's changes to the
[3:16:04]
existing charter in uh
[3:16:09]
the existing city charter that will be
[3:16:11]
amended. So, uh, hopefully by Wednesday,
[3:16:16]
definitely by Thursday, the city
[3:16:19]
residents will be able to see what
[3:16:22]
they're going to be voting on and
[3:16:24]
hopefully the council will approve on
[3:16:26]
the 21st.
[3:16:28]
And so, David, if I understand it
[3:16:30]
correctly, on the 21st, you will be
[3:16:32]
bringing the council the actual formal
[3:16:35]
language to warn this item on the agenda
[3:16:40]
for the November 3rd ballot.
[3:16:43]
>> That's correct. We'll have it's looking
[3:16:45]
like on the 21st, we're going to have to
[3:16:48]
address an open meeting law allegation
[3:16:51]
violation, alleged violation. We will
[3:16:54]
have uh approval of the charter for the
[3:16:58]
council as well as approval of a warning
[3:17:01]
for a special city meeting on November
[3:17:03]
3rd.
[3:17:04]
>> Great. And just to be clear, if for some
[3:17:06]
reason we don't get it across the finish
[3:17:09]
line, there is still time for the
[3:17:10]
council to meet again in a special
[3:17:12]
meeting to take action on those warnings
[3:17:14]
before the 30th of September. Correct.
[3:17:16]
>> Yeah, that's correct. Yes.
[3:17:18]
>> Okay. Council members, any question
[3:17:20]
about process?
[3:17:22]
Okay. hearing. None, I would accept a
[3:17:24]
motion to close the second public
[3:17:26]
hearing uh to hear the recommendations
[3:17:28]
of the uh charter task force committee
[3:17:31]
on proposed searching. Have
[3:17:33]
>> a motion and a second. All those in
[3:17:36]
favor say I.
[3:17:37]
>> I.
[3:17:38]
>> Any oppose? Nay.
[3:17:40]
>> Motion carries. We are out of the public
[3:17:42]
hearing session. Thank you very much
[3:17:44]
everyone. And this is your moment. You
[3:17:46]
can if if you are here only for this,
[3:17:48]
you are welcome to get up and go
[3:17:49]
tonight.
[3:17:52]
Mayor, are you finished with the city
[3:17:54]
attorney for the rest of this meeting?
[3:17:56]
>> I think we are finished with you for the
[3:17:57]
rest of this meeting. Thank you very
[3:17:58]
much for your help tonight.
[3:18:00]
>> You're welcome. And I'll get everything
[3:18:03]
else.
[3:18:05]
>> For the record, I owe you a cup of
[3:18:06]
coffee because your estimate of how long
[3:18:08]
this would take was way closer than
[3:18:09]
mine.
[3:18:15]
» Have a good night, everybody.
[3:18:24]
Okay, this is a two moment two minute
[3:18:26]
body break.
[3:18:32]
I'm going
[3:18:50]
» Charlie. Thank you so much.
[3:18:57]
» How are you?
[3:19:00]
>> Good. What's up?
[3:19:26]
» We did and they did
[3:19:30]
And I don't think that it was fully
[3:19:34]
understood what the timing was.
[3:19:37]
I happened
[3:19:42]
» really
[3:19:56]
I just I think that was
[3:20:11]
Can I lie to you about how much time I
[3:20:13]
thought I could take? Well, I
[3:20:15]
misrepresent.
[3:20:19]
» I did not I really did think I was
[3:20:42]
» I did. Okay. I did. I'm not sure that
[3:20:45]
everything was
[3:20:47]
>> but
[3:20:50]
what was agreed to what was agreed to
[3:20:55]
» I feel like they did say
[3:21:12]
» but again this is where
[3:21:20]
again.
[3:21:30]
» But again,
[3:21:34]
mostly real estate.
[3:21:39]
Are we voting
[3:21:42]
on section by section or we're voting?
[3:21:58]
» Okay, I think
[3:22:00]
I'm going to bring us back to order,
[3:22:01]
please.
[3:22:06]
I enjoy digging for you.
[3:22:09]
>> Okay, Charlie Kian, we're going to come
[3:22:11]
back to the order here. We had
[3:22:15]
>> so we continue with the regular uh
[3:22:18]
council meeting that was scheduled for
[3:22:21]
Monday night, September 14th to begin at
[3:22:22]
6:00 and according to the agenda end at
[3:22:25]
8.
[3:22:26]
>> Um,
[3:22:28]
our next item on the agenda is the
[3:22:31]
uh city manager report. So, just very
[3:22:35]
briefly, this is the first this I think
[3:22:36]
this is my first report and this is just
[3:22:38]
an intent to keep the public and the
[3:22:40]
board up to date on the things that the
[3:22:41]
city manager's office is up to. Um, so
[3:22:44]
just to be very brief, I did meet with
[3:22:46]
the school superintendent last week. We
[3:22:48]
talked a little bit about the ongoing
[3:22:49]
struggle she's having with her with her
[3:22:51]
building, her high school building, and
[3:22:53]
we talked a little bit about starting an
[3:22:55]
internship program. I had a lot of
[3:22:56]
success with that, developing um um kids
[3:22:59]
into professional uh lines of work. So,
[3:23:02]
I'm hoping we can do something like that
[3:23:04]
here. Uh, the budget program is out. So,
[3:23:07]
staff is currently working on their
[3:23:08]
budget for the coming fiscal year. Um,
[3:23:11]
and I'm working on the schedule for
[3:23:12]
that. So, the council will see that
[3:23:14]
schedule, the draft schedule for that
[3:23:15]
coming up.
[3:23:18]
Um, and to wrap it up, staff and I met
[3:23:20]
with the folks that are developing a
[3:23:22]
sacred heart housing project last week.
[3:23:25]
Uh Andrew and the fire department came
[3:23:27]
up and they brought the fire truck up to see how how access was on that road,
[3:23:32]
how easily the truck could access that
[3:23:34]
road. And we're working through we're
[3:23:37]
working through that new permit.
[3:23:39]
>> That's what I have.
[3:23:43]
It's
[3:23:43]
>> going to make me look bad here, Joe. You
[3:23:45]
keep reports short like that every time.
[3:23:47]
>> I don't talk.
[3:23:51]
» Council members, any questions for our
[3:23:52]
city manager?
[3:23:54]
Can I just say, Joe, I very much
[3:23:56]
appreciate your weekly updates that we
[3:23:59]
get every Monday morning. I kind of look
[3:24:00]
forward to them now.
[3:24:02]
>> Good. I'm glad you're not too boring.
[3:24:04]
>> Yeah. And just so folks in the community
[3:24:06]
know, this summary is basically just a
[3:24:08]
compilation of what Joe puts out to us
[3:24:10]
week by week to keep the council up to
[3:24:12]
date with anything that's going on. So,
[3:24:14]
you're actually seeing what he's telling
[3:24:15]
us to.
[3:24:16]
>> Yeah,
[3:24:18]
>> I agree. And we're a month in, right? Or
[3:24:22]
a little more. A month and a week. a
[3:24:23]
little more than the month.
[3:24:24]
>> Five weeks. I I couldn't be happier with
[3:24:27]
how it's going. So, thank you very much,
[3:24:29]
Joe, for all he's doing.
[3:24:30]
>> Thank you.
[3:24:32]
>> Okay. Progress to date. This one's you
[3:24:34]
too, Joe, on the audit for fiscal year
[3:24:36]
26. And just catch us up.
[3:24:38]
>> Yep. We'll catch up. So, uh Carrie and
[3:24:42]
um Frank have been working diligently to
[3:24:45]
get the auditor, Miss Batchel, all the
[3:24:47]
things she needs, which we have provided
[3:24:49]
to the batchel and associates. Um,
[3:24:51]
currently batch elder's asking for a
[3:24:54]
little bit more. She's testing uh she's
[3:24:56]
testing our procedures. So, she's asking
[3:24:58]
for checks and invoices and all of that
[3:25:00]
things, make sure they match up with uh
[3:25:03]
our ledgers. We did meet with Bonnie a
[3:25:06]
couple weeks ago. Uh I and and Carrie
[3:25:08]
met with Bonnie just to see how it was
[3:25:09]
going and if she needed anything else.
[3:25:11]
Um she said we're on track and we have
[3:25:13]
an October delivery date still. Um we we
[3:25:17]
will require a single audit because of
[3:25:19]
the the amount of federal cash that we
[3:25:22]
have that we've taken in and that's
[3:25:23]
going to cost us an extra $5,000. So um
[3:25:26]
it's a little higher than I anticipated
[3:25:28]
but not not too bad.
[3:25:32]
Questions for Joe regarding the audit
[3:25:34]
for this year?
[3:25:37]
single audited view. But
[3:25:41]
>> yeah, and it feels
[3:25:43]
>> really good, Joe, to from my perspective
[3:25:45]
to be where we are on this with a new
[3:25:48]
auditor in place and on track to get it
[3:25:51]
done in a timely fashion. Again, do you
[3:25:53]
have a sense of I can't remember. I
[3:25:54]
think we were talking mid-occtober that
[3:25:56]
we were hoping for mid to late October
[3:25:58]
for the final report from them.
[3:26:00]
>> Um I she she told me October. I don't
[3:26:02]
remember the exact date, but it was
[3:26:04]
scheduled with council. Okay, great.
[3:26:07]
Anything else, council members?
[3:26:10]
Okay, Joe, I'm going to depend on you
[3:26:11]
for this revolving loan application.
[3:26:12]
Wastewater treatment facility.
[3:26:14]
>> Yep. So, here um the wastewater
[3:26:17]
treatment facility is up for it 20-year
[3:26:19]
um rehab and evaluation. This is the
[3:26:22]
preliminary engineering. We're asking
[3:26:25]
the state to uh loan us $52,100
[3:26:28]
for this project. Um Tom put out an RFP
[3:26:32]
to for engineering and Aldridge and
[3:26:36]
Elliot were the chosen engineer
[3:26:40]
for tonight. We have one copy that needs
[3:26:42]
to be signed. One copy of the loan needs
[3:26:44]
to be signed by the by the council to
[3:26:47]
approve well to approve the request of
[3:26:49]
the loan.
[3:26:52]
And
[3:26:54]
some of these loans and I thought I
[3:26:55]
thought it was this one are
[3:26:59]
uh forgivable. Do you know is that
[3:27:01]
right? Some of them are. I don't know if
[3:27:04]
this particular one is. I know as they
[3:27:06]
move my experience is that as we move
[3:27:08]
forward through the through the
[3:27:09]
engineering into construction phase they
[3:27:11]
get rolled in and some some amount gets
[3:27:14]
does get forgiven. I don't know if it's
[3:27:16]
100% or not.
[3:27:18]
>> Sorry if I can jump jump in here. I'm
[3:27:20]
from Aldrich. My name is Yeah, my name
[3:27:22]
is Mike Mayer and um Joe actually wanted
[3:27:25]
me to come just to help answer some
[3:27:27]
great questions. So this um this at this
[3:27:30]
stage the state's actually offering 50%
[3:27:33]
subsidies. That's 50% subsidy on the
[3:27:36]
sort of planning engineering work. Uh
[3:27:38]
there's a whole another set of subsidy
[3:27:40]
that's available for stuff that goes to
[3:27:42]
construction. Um so so this one was for
[3:27:45]
52,000. So there's about 26,000 in
[3:27:47]
subsidy baked in here. um the remainder
[3:27:51]
does get rolled over into construction
[3:27:54]
loan. If if you do go go to construction
[3:27:56]
with a project, which you you probably
[3:27:58]
will need to um and like I said, once
[3:28:01]
you get into construction, then there's
[3:28:02]
this whole other kind of subsidy
[3:28:04]
discussion. So,
[3:28:07]
>> everything else could it's Mike, right?
[3:28:10]
>> Just just to help us make sure that
[3:28:12]
we're all on the same page, Mike, could
[3:28:13]
you just describe exactly in layman's
[3:28:15]
terms what this loan is being used for?
[3:28:17]
So, it's it's being used for what's
[3:28:19]
called a 20-year evaluation.
[3:28:20]
>> This is this is what we've been talking
[3:28:22]
about.
[3:28:22]
>> Yep. Every wastewater treatment facility
[3:28:24]
in the state, every 20 years, you have
[3:28:25]
to do this evaluation where you
[3:28:27]
basically start out in the collection
[3:28:28]
system where the waste water starts. You
[3:28:30]
go down to the plant, you look at all
[3:28:31]
the solids handling stuff. This year,
[3:28:34]
this time around, it's a little more of
[3:28:35]
a big deal because you're also getting a
[3:28:37]
new discharge permit. Um, so that that's
[3:28:41]
also going to play in year. Um, and then once that's done, that's where
[3:28:47]
we've identified what what needs to
[3:28:49]
happen over the next 10 years.
[3:28:52]
Um, and then then you might go into like
[3:28:54]
a final design stage.
[3:28:57]
>> Council members, do you have any
[3:28:58]
questions about that?
[3:29:00]
>> How long does this process take?
[3:29:02]
>> So, for this, I believe we had we're
[3:29:06]
looking out probably till next spring.
[3:29:08]
And and there's, you know, there's
[3:29:09]
review meetings. Uh, the folks from the
[3:29:11]
state are involved. You have to give
[3:29:12]
them time to,
[3:29:15]
you know, review things as well.
[3:29:19]
>> Okay. Any other questions, council
[3:29:20]
members?
[3:29:22]
I hope you get lots of comp time for
[3:29:25]
tomorrow.
[3:29:25]
>> Oh, yeah.
[3:29:28]
Note that everyone on the council has to
[3:29:30]
sign this. That's
[3:29:31]
>> Yes. I'm about to pass it down the road
[3:29:32]
here. I signed. We'll just get everybody
[3:29:34]
else to sign it.
[3:29:35]
>> Um, so I do we need a We probably need a
[3:29:37]
formal action, Joe. Right. On this one
[3:29:38]
to say we approve.
[3:29:41]
>> Yeah. Uh yeah, a motion and the approval
[3:29:43]
and to make also on the bottom of this
[3:29:46]
there's a authorized representative. Um
[3:29:48]
to make it legal, I would need to be
[3:29:50]
well somebody would need to I'll be the
[3:29:51]
authorized rep. Um I'm hoping.
[3:29:54]
>> So may I have a motion to approve the
[3:29:58]
application for the revolving loan uh
[3:30:01]
for the wastewater treatment facility
[3:30:04]
uh and to make Joe Gunter, our city
[3:30:06]
manager, the authorized representative.
[3:30:09]
So,
[3:30:10]
>> I've got a move two moves and a second.
[3:30:12]
Any take your pick there, Jim.
[3:30:15]
Any other comments or conversation about
[3:30:17]
this? And
[3:30:18]
>> just how long is it for?
[3:30:21]
How long is the loan for?
[3:30:23]
>> Mike, can you say a word about that?
[3:30:24]
>> Um, so I if if the result was this, you
[3:30:28]
don't have to do anything at your
[3:30:29]
wastewater treatment facility. We're all
[3:30:30]
done. Um, it's 5 years. Um, typically
[3:30:34]
it'll get rolled over into your
[3:30:35]
construction loan, which for the city of
[3:30:38]
Newport could be 30 or 40 years.
[3:30:41]
>> Okay. Something to look forward to,
[3:30:43]
council members.
[3:30:44]
>> Okay. I have a motion and a second. Oh,
[3:30:46]
go ahead, Sharon. Something you want to
[3:30:48]
add?
[3:30:48]
>> No, no, no, no.
[3:30:49]
>> All those in favor say I.
[3:30:51]
>> I. Oppose. Nay.
[3:30:53]
>> Motion carries. So, please I'll sign it
[3:30:55]
and give it down to Jim to sign at the
[3:30:57]
end. Okay. Moving along.
[3:31:00]
uh use of Oh, no. This is the number 10
[3:31:04]
preliminary wastewater allocation
[3:31:06]
application for and application for
[3:31:08]
water allocation turn on for Gary and
[3:31:10]
Lauren Gillespie and anticipated vote.
[3:31:12]
Joe, you want to say anything about
[3:31:13]
this? I would I'm hoping the board can
[3:31:16]
table this until next week. Um I think I
[3:31:19]
found a allocation calculation error um
[3:31:23]
when I when I reviewed the permit today.
[3:31:26]
So, is it okay if we kick the can down
[3:31:28]
the road?
[3:31:28]
>> It's certainly okay with me. board me uh
[3:31:30]
council members. Is that okay?
[3:31:32]
>> Okay.
[3:31:33]
>> This is the application for water
[3:31:34]
allocation from Gary and Lori Gillespie.
[3:31:36]
>> Yes.
[3:31:37]
>> Okay. So, our action is to take no
[3:31:39]
action tonight with the assumption that
[3:31:41]
it will be on the on the agenda again
[3:31:44]
Monday night the 21st.
[3:31:47]
>> Thank you, Joe.
[3:31:51]
Okay, next one. Use of reappraisal
[3:31:53]
reserve funds. I think Joe, you're on to
[3:31:55]
this one, too.
[3:31:56]
>> Yeah. Um, so, so and this is for you
[3:31:58]
with that. Uh, so tonight we do have a
[3:32:02]
uh uh a reserve fund for the reappraisal
[3:32:06]
of the of the properties here in
[3:32:08]
Newport. Uh there's currently 142,000
[3:32:13]
$689
[3:32:15]
$142,68946
[3:32:18]
in there. Um I'm asking the board to
[3:32:21]
approve the use of $50,000 to start the
[3:32:24]
reappraising process. Uh, we do have a
[3:32:27]
contract with a total of $243,000
[3:32:31]
to finish this process.
[3:32:35]
We've seen this one coming for a while,
[3:32:36]
too. Council members, uh, any questions
[3:32:38]
before we make that motion.
[3:32:41]
Okay, we have a motion to allocate uh
[3:32:44]
$50,000 out of that reappraisal fund.
[3:32:46]
>> So, move a motion. Do I have a second?
[3:32:48]
>> I'll second.
[3:32:49]
>> Any further conversation, Pam?
[3:33:01]
I thought we couldn't find one.
[3:33:02]
>> We do.
[3:33:04]
>> Uh, I don't know off the top of my head.
[3:33:05]
Do you, Joe?
[3:33:06]
>> I do. I have the contract right here. We
[3:33:08]
had two bids. NER was one of the biders.
[3:33:12]
Um, and this is the New England
[3:33:13]
Municipal Consultants. They were the
[3:33:16]
chosen contract which was signed back in
[3:33:18]
25 2025.
[3:33:20]
>> Yeah, we've we've known this one. We've
[3:33:21]
known for a while. Frank's been working
[3:33:23]
with them for over a year to prep for
[3:33:25]
this.
[3:33:26]
>> So, but you're right. There are other
[3:33:29]
ones that I know we've been up and down
[3:33:30]
on a variety of these, but this isn't
[3:33:32]
it.
[3:33:33]
>> Okay, we've got a motion and a second on
[3:33:36]
the floor. All those in favor say I.
[3:33:38]
>> I.
[3:33:38]
>> Oppos? Nay.
[3:33:40]
>> That motion carries.
[3:33:42]
>> Okay. The next next item is number 12,
[3:33:44]
consideration of a contract with BLCT.
[3:33:47]
That's Vermont League of Cities and
[3:33:48]
Towns for consulting services regarding
[3:33:50]
economic development. I'll speak to
[3:33:52]
this. Um
[3:33:54]
it's the judgment of the team that has
[3:33:57]
been working on the economic development
[3:34:00]
long-range planning which includes Dave
[3:34:02]
Leforce from Newport Downtown
[3:34:03]
Development now Joe Gunter and myself
[3:34:07]
uh and assisted often in those meetings
[3:34:10]
by Stephanie Clark from Whiteenberg that
[3:34:13]
it would be extremely useful to have
[3:34:16]
Dominic Cloud on speed dial um to offer
[3:34:20]
advice and counsel when when we bump
[3:34:22]
into challenges which are coming
[3:34:24]
regularly as you might imagine and we
[3:34:27]
couldn't think of anybody better to ask
[3:34:29]
for help. Basically the way this would
[3:34:31]
work is we could call on him as
[3:34:34]
necessary for $140 an hour. I think we
[3:34:38]
would expect that we would be using that
[3:34:40]
you know every couple or three months
[3:34:42]
for a like a three-hour sitdown with him
[3:34:46]
um or you know a conference call once a
[3:34:49]
month maybe. But the idea is basically
[3:34:51]
to be able to call in somebody who has
[3:34:52]
been living these questions for for now
[3:34:55]
almost 15 years and just have him
[3:34:58]
available to us. The funds would be
[3:35:00]
drawn from the Walmart economic
[3:35:02]
development fund. It would not impact
[3:35:03]
the operating budget. Joe, you want to
[3:35:05]
add anything to that?
[3:35:08]
>> Uh just that Dominic, he's what he's
[3:35:10]
done for his city is pretty remarkable.
[3:35:12]
It seemed like St. Alvin was in a
[3:35:14]
similar situation in Newport and they've
[3:35:16]
really turned their downtown around.
[3:35:18]
I think you'd be a val valuable asset.
[3:35:23]
>> Council member, any questions?
[3:35:25]
>> One of my questions was was this going
[3:35:27]
to be Walmart?
[3:35:30]
>> And just to be clear, we would as as
[3:35:33]
always council members are invited into
[3:35:35]
those conversations. So, if you if you'd
[3:35:37]
like to be a part of them, you're
[3:35:38]
welcome.
[3:35:40]
My only questions is these the services
[3:35:45]
listed in B are like there's no
[3:35:48]
description really. Um and I it leaves
[3:35:52]
me wanting more context
[3:35:55]
like supporting existing small
[3:35:56]
businesses how because I I feel that
[3:35:59]
Newport downtown Development does that.
[3:36:00]
I feel that
[3:36:04]
I thought Steph and me or Whitenberg
[3:36:07]
were addressing some of these other
[3:36:08]
things and I'm just kind of wanting to
[3:36:10]
know more.
[3:36:12]
Um,
[3:36:13]
>> yeah, it's about having another smart
[3:36:15]
head at the table really. That's really
[3:36:17]
what it comes down to. It does not
[3:36:18]
replace
[3:36:20]
Stephanie remains by far and away the
[3:36:22]
kind of key person that we're working
[3:36:24]
with. Um it it's a place for us to go to
[3:36:28]
say we're bumping into this problem and
[3:36:31]
what recommendations do you have? I'll
[3:36:33]
just give you an example. Um city of St.
[3:36:35]
Albins's uh has gone out of its way to
[3:36:38]
extend support to new small businesses
[3:36:42]
and entrepreneurs that they really want
[3:36:44]
to see on their main street. And
[3:36:46]
Dominic's had a lot of experience with
[3:36:47]
trying to create those support systems.
[3:36:49]
City of Newport doesn't have anything
[3:36:51]
like that at this point. ND doesn't
[3:36:53]
offer anything like that at this point.
[3:36:55]
It's really just a a possibility of
[3:36:58]
sitting down with somebody who's been
[3:36:59]
through it to say, "How does this work?
[3:37:01]
What would it take?" And to try and help
[3:37:02]
us ask the right questions,
[3:37:10]
» more you want to ask about that?
[3:37:15]
I guess I'm understanding that this I'm
[3:37:17]
hearing what you're saying, which is
[3:37:18]
this will enable you to have
[3:37:20]
conversations with a sister city who you
[3:37:24]
strive and look up to and would like
[3:37:27]
basically soundboard. And so there that
[3:37:29]
these
[3:37:30]
>> these are rather topics. They're not
[3:37:32]
necessarily they're not at all
[3:37:33]
deliverables. And I wasn't thinking that
[3:37:35]
they were there was going to be a
[3:37:36]
necessarily
[3:37:38]
explicit deliverable from them. I just I
[3:37:41]
think that's why I was like had
[3:37:42]
questions is because it's
[3:37:46]
>> right it's different than a consulting
[3:37:48]
contract where we would be asking for
[3:37:51]
honestly you know in the world I come
[3:37:53]
from it's more like coaching than it is
[3:37:56]
like consulting right it's the ability
[3:37:58]
to call and just be able to bounce ideas
[3:38:00]
around with someone we we approached
[3:38:02]
Dominic with this idea and said this is
[3:38:06]
you know we don't know if this is
[3:38:07]
something you typically do but we think
[3:38:09]
it would be really helpful to us.
[3:38:16]
» So, so I I was I'm um was having the
[3:38:20]
same kind of questions as Carter. So,
[3:38:22]
basically, you're saying that this is an
[3:38:24]
opportunity or um hey, help us out or
[3:38:29]
what do you think of or can you give us
[3:38:31]
some advice? It's not a particular topic
[3:38:35]
or content area. Is that what you're
[3:38:37]
saying when you say for the client for
[3:38:40]
consulting services.
[3:38:42]
>> No, what I'm saying is it may be
[3:38:44]
specific. We may go to him. I I expect
[3:38:46]
we will go to him with specific
[3:38:48]
questions and say, "Can you give us
[3:38:51]
advice about how you would handle this
[3:38:52]
in or do you have thoughts about where
[3:38:54]
we should go next with this question?"
[3:38:56]
Or, "How would you approach a developer
[3:38:58]
in this in this situation?"
[3:39:00]
>> It's just,
[3:39:01]
>> how would we get charged for that?
[3:39:03]
>> $140 an hour.
[3:39:09]
Does he do this for any other city or
[3:39:12]
town or does VLCT offer this service?
[3:39:18]
>> I I I don't know. I mean, the way the
[3:39:20]
closest thing that I know about is what
[3:39:22]
he does through VLCT to help with city
[3:39:24]
manager searches,
[3:39:26]
>> right? But I don't know if if um this is
[3:39:29]
a common occurrence for him
[3:39:33]
>> in this you would only use him
[3:39:35]
periodically. It wouldn't be a every
[3:39:38]
meeting.
[3:39:39]
>> Oh no, not at all. Just a consulting
[3:39:41]
consultant to ask questions to um
[3:39:45]
quarterly or once a month or something.
[3:39:48]
>> Yeah. Is that okay?
[3:39:50]
>> And if the council wanted to put some
[3:39:51]
kind of a limit on it, you're welcome
[3:39:52]
to. I mean, I really do think we're only
[3:39:54]
talking about, you know, an hour a month
[3:39:57]
and maybe every 3 months a three-hour
[3:39:58]
meeting or something like that. We're
[3:39:59]
not talking about a lot here.
[3:40:04]
» Ultimately, it's coming from the Walmart
[3:40:05]
funds. And so, therefore, I say go forth
[3:40:09]
and conquer and do what you need to do
[3:40:10]
to make
[3:40:12]
downtown
[3:40:14]
like all of the missions are associated.
[3:40:16]
I I'm I'm supportive in it if we have
[3:40:18]
the funds for it. I'm I'm not
[3:40:20]
undermining that. I'm just again wanting
[3:40:22]
to make sure that when we enter in an
[3:40:24]
obligation as I sign I know it.
[3:40:27]
>> What's your site?
[3:40:27]
>> Yeah,
[3:40:29]
>> I I have to agree on that and and though
[3:40:32]
I have not taken the time personally to
[3:40:34]
examine at great length what um the VCT
[3:40:38]
website has. I know they have lots of
[3:40:40]
wonderful services and I was just
[3:40:42]
wondering if that is a service or a if
[3:40:46]
there's anything that they can add
[3:40:49]
um to help us as because we are members,
[3:40:52]
right?
[3:40:53]
>> Oh, yes. And we use them on a regular
[3:40:55]
basis for all kinds of things. I mean,
[3:40:57]
as recently as a week ago, Carter and
[3:40:59]
Joe and I met with Kathleen Ramsay to
[3:41:01]
talk about uh priority priority based
[3:41:04]
budgeting,
[3:41:05]
>> right? So, do they have anything for for
[3:41:08]
economic development or do they have any
[3:41:10]
strategies or any resources for us to
[3:41:13]
tap into?
[3:41:15]
>> I guess my answer to that would be there
[3:41:18]
may be tools that we can use there. It's
[3:41:20]
not what we're looking for here. What
[3:41:22]
we're talking about here is coaching.
[3:41:24]
We're talking about we've just hit a
[3:41:26]
block. We can't figure out a way around
[3:41:28]
it. What creative thinking can we bring
[3:41:30]
to the table to help us try and think
[3:41:32]
about this in a different way? And
[3:41:33]
honestly, I think I can safely say that
[3:41:36]
Dominic Cloud is the most respected
[3:41:39]
person in the state when it comes to
[3:41:41]
kind of the economic development
[3:41:43]
questions before a city like ours.
[3:41:46]
>> Okay.
[3:41:49]
Ann, you want to speak?
[3:41:52]
>> Yeah.
[3:41:54]
>> Just sorry. real quickly and there's a
[3:41:56]
caller and um there's some background
[3:41:58]
noise so I I'm going to mute you just so
[3:42:01]
I can hear the room better. Um but I
[3:42:03]
believe you can unmute
[3:42:06]
just just letting you know.
[3:42:08]
>> Okay.
[3:42:10]
one is I'm a a little um appalled at the
[3:42:15]
number of agencies that are now helping
[3:42:19]
us out with it seems like the same kind
[3:42:23]
of economic development. We have NBD, we
[3:42:27]
had NVDA,
[3:42:29]
we have Whiten Burke and some of the
[3:42:33]
same um things that you suggest uh that
[3:42:37]
this gentleman would be doing are being
[3:42:39]
done or under the opaces. We're paying
[3:42:42]
bucks out of of the Walmart fund or some
[3:42:45]
other place uh to have them do the
[3:42:49]
specific things that are in this
[3:42:52]
contract. Uh, and there were only four
[3:42:54]
things, uh, as I recall. I don't have
[3:42:57]
the contract before me, but there were
[3:42:59]
only four things that he's supposed to
[3:43:01]
be doing, which I'm sure is in the same
[3:43:04]
contracts that we have with NBDA, with
[3:43:08]
Whitenberg. Um, and so we've got what I
[3:43:11]
would call people get fired for
[3:43:13]
redundancy
[3:43:14]
um, in big corporations, you know, and
[3:43:17]
that means they don't want doing the
[3:43:19]
same tasks, you know, we got somebody
[3:43:21]
else doing that task. we don't need this
[3:43:23]
person doing this task. So, um, one
[3:43:28]
thing that can certainly happen is since
[3:43:31]
they're all going for economic
[3:43:32]
development, they can all be doing the
[3:43:35]
same three things and we can be paying
[3:43:38]
the same well
[3:43:40]
140 an hour to him. I think Whitenberg
[3:43:44]
is far more than that and you know I
[3:43:46]
don't know what we're paying uh some of
[3:43:48]
the other organizations but redundancy
[3:43:52]
it seems to me is one problem that I see
[3:43:55]
unless you define the contract and make
[3:43:57]
it specific and even if they were to
[3:44:00]
call each other and say um hey are you
[3:44:03]
did you call so and so and find out
[3:44:06]
about such and such that's time that's
[3:44:09]
billable hours that conversation will
[3:44:11]
pay will pay them both, one and the
[3:44:14]
other for the same conversation. Uh, so
[3:44:18]
I'm I'm concerned about that. I'm
[3:44:20]
concerned about um the fact that this
[3:44:24]
contract says that they are to be paid
[3:44:29]
and and be this is this is VLCT is to be
[3:44:34]
paid on our receipt of the bill. Mariah,
[3:44:38]
the lawyer for the city, has just
[3:44:40]
recommended that we negotiate these
[3:44:43]
contracts so that we don't have to pay
[3:44:46]
on receipt. We we negotiate, he said,
[3:44:49]
for 60 days, you know, maybe just so
[3:44:51]
that we don't avoid problems like this.
[3:44:54]
And this contract is to be paid
[3:44:56]
immediately on receipt as I recall. And
[3:44:59]
then there are two other parts of it of
[3:45:02]
it that VLCT is our insurance company
[3:45:06]
and they are saying in this contract
[3:45:08]
that for the things that this man I
[3:45:11]
didn't know it was just this one person
[3:45:13]
is going to do um they don't he doesn't
[3:45:16]
accept any liability for any mistakes or
[3:45:19]
any errors that he makes. It's on us the
[3:45:23]
city. And then he says, which I I don't
[3:45:26]
think is even possible, that no matter
[3:45:28]
what the liability is, it can't be more
[3:45:31]
than how much he gets paid. He could do
[3:45:33]
a million dollars worth of damage to us
[3:45:36]
with some advice that he gives.
[3:45:40]
And because he only gets paid 10,000,
[3:45:43]
you know, he says the liability is only
[3:45:45]
10,000.
[3:45:47]
But then what's the city's liability? Is
[3:45:50]
it the 10 thou? because he's not paying
[3:45:52]
any liability on this contract or we're
[3:45:56]
paying the liability. And is it 10,000
[3:45:59]
what he paid him or is it the million
[3:46:03]
damage that he did? Now, I'm not saying
[3:46:05]
that that's going to happen, but I I I
[3:46:07]
think it's pretty atrocious that VLCT
[3:46:10]
has these contracts where they don't ex
[3:46:12]
they don't um assume responsibility for
[3:46:16]
the errors that they make. And I think
[3:46:19]
that uh that contract should be looked
[3:46:21]
at before it gets signed. And and I
[3:46:24]
agree with his order. We should limit if he's going to do a certain task, then
[3:46:31]
we should tell Weidenberg they're not
[3:46:34]
going to be needed to do that task so
[3:46:36]
that we don't have duplication with
[3:46:38]
respect to this.
[3:46:40]
>> This this is also brought up though with
[3:46:43]
the uh
[3:46:46]
downtown development. They said they
[3:46:47]
were going to have to bring in several
[3:46:49]
different people for different
[3:46:51]
perspectives. Um,
[3:46:54]
just to put that out there. I know
[3:46:55]
there's several companies that they're
[3:46:57]
working with now, but this is just
[3:46:58]
another tool in the toolbox essentially
[3:47:00]
that we could have. And I'm not saying
[3:47:02]
one way or the other. I'm just saying
[3:47:04]
that originally it was stated that they
[3:47:07]
would have to hire several different
[3:47:10]
contractors or so on to to do certain
[3:47:12]
pieces and this could be just another
[3:47:16]
adjoining piece to that. Um, knowing Dominic and knowing what he's
[3:47:20]
done, I think he would serve us very
[3:47:24]
well. But that's just my personal
[3:47:25]
opinion. Thank you.
[3:47:29]
I'll just say and
[3:47:32]
we would be foolish to have an
[3:47:35]
opportunity to to engage with somebody
[3:47:39]
of this level of expertise and not try
[3:47:42]
and take advantage of that.
[3:47:43]
>> Why are you hold You just spoke for
[3:47:46]
almost 10 minutes and I did not
[3:47:47]
interrupt you.
[3:47:48]
>> I thought you finished. I'm sorry.
[3:47:49]
>> Thank you.
[3:47:51]
We have in this in this moment a lot of
[3:47:54]
challenges before us. All of us agree
[3:47:57]
that the question of how economic
[3:47:59]
development in this community is going
[3:48:00]
to happen is significant. There are a
[3:48:02]
lot of hurdles and I I have no
[3:48:05]
compunction whatsoever about asking
[3:48:07]
whoever I think I can to give us the
[3:48:09]
best possible advice we can get. Just to
[3:48:12]
be clear, NVDA is not under contract
[3:48:15]
with the city. They're not paying. They
[3:48:17]
are doing us a massive favor by
[3:48:20]
receiving this property across the
[3:48:22]
street and doing mitigation and
[3:48:24]
remediation for brownfields at no cost
[3:48:26]
to the city. There is no cost there.
[3:48:29]
Just to be clear, Newport Downtown
[3:48:30]
Development is not receiving any payment
[3:48:33]
beyond the $30,000 a year that we've
[3:48:35]
been getting for over a decade now. We
[3:48:38]
have not asked for a single dime at
[3:48:40]
Newport Downtown Development from the
[3:48:42]
city council or the city of Newport to
[3:48:44]
pay for the services which have been
[3:48:45]
given almost entirely as volunteer. So
[3:48:49]
there's no cost as far as I'm concerned
[3:48:51]
to the city of Newport from Newport
[3:48:53]
Downtown Development. The the contract
[3:48:56]
with Whitenberg
[3:48:57]
honestly has I mean we are getting a lot
[3:49:01]
of a lot of bang for our buck with that
[3:49:03]
contract with Whitenberg. The expertise
[3:49:05]
that they bring to the table is
[3:49:07]
primarily around how we can work out the
[3:49:09]
specifics of development agreements and
[3:49:12]
whether or not we can develop proformas
[3:49:14]
that that is to say the financial
[3:49:16]
spreadsheets that will make a project
[3:49:19]
pencil so that we do not come to you or
[3:49:21]
go to the state until we know for sure
[3:49:24]
that we can make this work. And believe
[3:49:26]
me when I tell you that if we could have
[3:49:27]
done that a year ago, we would have done
[3:49:29]
it. In fact, the accusations that we
[3:49:31]
were getting a year ago was that we were
[3:49:34]
rushing the process and we were going to
[3:49:35]
make full hearty and un and unthoughtout
[3:49:38]
decisions. And to the contrary, what
[3:49:40]
we've gotten from Whitenberg is
[3:49:42]
thoughtful counsel every step of the way
[3:49:44]
about just what the challenges are. All
[3:49:46]
we're asking for here is somebody who is
[3:49:48]
an expert in his field to give us advice
[3:49:51]
in response to specific questions when
[3:49:53]
we have them at 140 bucks an hour. Maybe
[3:49:57]
we're talking about spending a,000 or
[3:49:59]
1,200 or 1,500 bucks every couple of
[3:50:01]
months, every 3 months. We're not
[3:50:04]
talking about a lot of money here. It's
[3:50:06]
money well spent. If you want to do, if
[3:50:08]
we all want to do, and the council has
[3:50:10]
made it clear that they do want to
[3:50:12]
engage in a long-term strategy for
[3:50:14]
economic development in the city, this
[3:50:16]
is what it's going to take to do it. And
[3:50:18]
this ask in particular strikes me as
[3:50:20]
being incredibly cost-effective.
[3:50:24]
And when you say we, do you mean ND?
[3:50:27]
We ND
[3:50:30]
the organization. It is not a secret.
[3:50:31]
And I don't know why you insist on
[3:50:33]
making you repeat it time after time.
[3:50:35]
Everyone in this room knows that I'm the
[3:50:37]
director of Newport Downtown
[3:50:38]
Development. Everyone in this room knows
[3:50:40]
that I'm the mayor. Everyone in this
[3:50:42]
room knows that we have a memorandum of
[3:50:44]
understanding between the city council
[3:50:46]
and Newport Downtown Development that I
[3:50:48]
did not participate in any way in
[3:50:50]
creating. I stayed out of all of the
[3:50:52]
negotiation. I stayed out of the room
[3:50:54]
for all of the conversation.
[3:50:56]
So when I say we, in this instance, what
[3:50:59]
I'm saying is the organization Newport
[3:51:01]
Downtown Development is doing a
[3:51:03]
phenomenal service for this city. If we
[3:51:05]
had to pay for this service, we would be
[3:51:08]
paying more money than you can really
[3:51:10]
imagine in order to hire the kind of
[3:51:12]
development staff that we've gotten and
[3:51:13]
the kind of assistance that we've gotten
[3:51:15]
from Newport Downtown Development. I
[3:51:17]
grow weary of the constant accusation
[3:51:20]
that happens at a low level almost all
[3:51:22]
the time. And when I tell you that we
[3:51:24]
are doing our level best to treat this
[3:51:26]
seriously and to be as careful as we
[3:51:28]
possibly can with the city's resources,
[3:51:31]
please believe me when I tell you we're
[3:51:33]
doing everything we can to try and
[3:51:34]
protect the city. And this, in fact,
[3:51:37]
this contract is about that. It's about
[3:51:39]
saying if there are areas where Newport
[3:51:41]
downtown development does not have
[3:51:43]
experience and we can get experience
[3:51:45]
from somebody who's clearly been through
[3:51:47]
this over and over and over again, we
[3:51:49]
would be foolish not to do so. And I
[3:51:50]
suspect you'd be the first one in the
[3:51:52]
microphone to call us foolish for doing
[3:51:54]
it.
[3:51:55]
So all I'm asking is that once in a
[3:51:58]
while there's there be some recognition
[3:52:01]
of all of the incredible thought that's
[3:52:02]
going into this because I don't think
[3:52:04]
one time not one time have I ever heard
[3:52:06]
you say I appreciate all that's going
[3:52:09]
into this that has been phenomenal
[3:52:11]
volunteer hours and it's it's a it wears
[3:52:15]
on me.
[3:52:16]
All I ever get on a personal level is
[3:52:19]
negativity from you.
[3:52:22]
And I'm just telling you, a lot of
[3:52:23]
people have worked really hard at at at
[3:52:27]
no no remuneration, not unlike the
[3:52:29]
charter process we've just been through.
[3:52:30]
There are a lot of people in this city
[3:52:32]
stepping up right now.
[3:52:34]
So, I'm asking the council to do
[3:52:37]
something that I think is incredibly
[3:52:39]
cost-effective and that could help us to
[3:52:41]
avoid some real pitfalls in this
[3:52:43]
community and we'd be foolish not to
[3:52:45]
take advantage of. What about the
[3:52:47]
liability issue?
[3:52:48]
>> There is no liability issue. There's no
[3:52:50]
liability issue. No, Listen to me. No
[3:52:52]
decisions are being made without coming
[3:52:55]
to the council and having a full
[3:52:56]
consideration. Every decision we make
[3:52:59]
about what to do next is being discussed
[3:53:01]
with the council fully. The council is fully a breast of all of what we're
[3:53:05]
doing.
[3:53:05]
>> So why do they have a waiver of
[3:53:07]
liability in there?
[3:53:08]
>> All contracts.
[3:53:09]
do. Yeah.
[3:53:11]
>> Yeah. Joe,
[3:53:13]
>> not to cut the the conversation short,
[3:53:15]
but I think it was a there was a
[3:53:17]
conversation about signing a contract,
[3:53:19]
not necessarily arguing the um what was
[3:53:22]
necessarily waiver or the liability
[3:53:26]
issue.
[3:53:29]
I'll make a motion that the city council
[3:53:32]
approve of the signing of the contract
[3:53:36]
uh between the city as service agreement
[3:53:38]
with Vermont League of Cities and Towns.
[3:53:41]
>> I have a motion.
[3:53:42]
>> I'll second
[3:53:43]
>> and a second. Any further discussion?
[3:53:46]
>> All those in favor, please say I.
[3:53:49]
>> Oppose. Nay.
[3:53:51]
>> Motion carries. Thank you.
[3:54:00]
Okay, we are on to the task force
[3:54:03]
reports.
[3:54:05]
Uh, anything from water and sewer, John?
[3:54:07]
>> No. Um, I'm waiting until we get the end
[3:54:11]
of year financials from Chip before we
[3:54:13]
schedule a meeting.
[3:54:15]
>> Okay.
[3:54:17]
>> Financial task force.
[3:54:18]
>> We're meeting on Wednesday. One of my
[3:54:21]
agenda items was to go over the end of
[3:54:23]
year budget, but I definitely was like,
[3:54:25]
I better spend enough time. So,
[3:54:29]
see if that item comes to fruition, but
[3:54:31]
beyond that, meet with us. We're
[3:54:33]
discussing right now mainly policies to
[3:54:37]
guide the city best practices. Um, and
[3:54:40]
then one minor announcement is a task
[3:54:42]
force member had to step back. So now we
[3:54:45]
I mean it's always been a rolling basis,
[3:54:47]
but if you know of anybody that has
[3:54:49]
interest in joining the financial task
[3:54:51]
force, let me know.
[3:54:56]
» And the next meeting card
[3:54:58]
>> Oh, Wednesday 8 a.m.
[3:55:00]
>> the 16th.
[3:55:02]
injure. Uh as far as the first two um we
[3:55:07]
are they're working with the software
[3:55:10]
team
[3:55:12]
on some development stuff. Um being all
[3:55:15]
the apparatus everything is being put in
[3:55:18]
now still entered in the system. There's
[3:55:20]
it's amazing how much stuff gets entered
[3:55:22]
into
[3:55:24]
uh this program but they are working on
[3:55:26]
that. They're working digent digitally
[3:55:29]
on that and uh we're not going to have
[3:55:32]
another meeting until after that is
[3:55:33]
operational and it's used for
[3:55:35]
approximately 30 days so we can have
[3:55:37]
some try to work the bugs out with it.
[3:55:40]
Um and hopefully that will be
[3:55:43]
I'm hopeful that that will be
[3:55:46]
potentially in November time.
[3:55:50]
>> Excellent. Thank you.
[3:55:51]
>> Any questions for Andrew?
[3:55:55]
Okay. hearing none.
[3:55:57]
I'm gonna uh just say a word about this
[3:56:00]
next session because I'm going to recuse
[3:56:01]
myself. I want to be clear, but we've
[3:56:04]
had somebody raise a question about
[3:56:05]
whether or not it was appropriate for uh
[3:56:08]
myself and for Carter to be involved in
[3:56:10]
the executive session regarding Newport
[3:56:12]
Downtown Developments uh report on
[3:56:14]
sensitive real estate matters. Normally,
[3:56:16]
I would say that there's not a conflict
[3:56:19]
nor an appearance of conflict. Um and I
[3:56:21]
reserve that right to continue to make
[3:56:23]
that statement. tonight, given the
[3:56:25]
sensitive nature of the conversation and
[3:56:27]
the reality that we're talking about the
[3:56:29]
potential uh for uh an offer to be made
[3:56:33]
to the city of property and what that
[3:56:36]
what might happen with that property.
[3:56:38]
I'm going to recuse myself from that
[3:56:39]
conversation tonight.
[3:56:41]
>> And um I'm not going to recuse myself
[3:56:44]
because this matter has nothing to do
[3:56:46]
with my employer, Northeastern Vermont
[3:56:47]
Development Association. Um, and similar
[3:56:51]
to statements
[3:56:53]
said earlier, um,
[3:56:56]
it is tiresome to have the blunt
[3:56:58]
instrument of my employer beating down
[3:57:01]
on me constantly and it's actually risen
[3:57:03]
to the level of folks have made
[3:57:05]
complaints on the federal government and
[3:57:07]
gone after my um, career. So, it's I'm
[3:57:11]
going to keep it vague, but it has
[3:57:14]
really truly um, crossed a line. So, but
[3:57:20]
I nonetheless it's appropriate to ask
[3:57:22]
and inquire and say, "Hey, is there a
[3:57:24]
conflict?" Um, but the property that is
[3:57:26]
being discussed uh has nothing to do
[3:57:29]
with NBDA. So, just want to make that
[3:57:31]
clear.
[3:57:32]
>> Okay. So, I'll excuse myself and you'll
[3:57:34]
call that motion to bring it into order.
[3:57:35]
Remember, you got it changed.
[3:57:37]
>> Yes.
[3:57:40]
Um, I make a motion to move us into the
[3:57:43]
executive section as per 1BSA subsection
[3:57:47]
313 A2 for the purpose of receiving an
[3:57:51]
update from Newport downtown development
[3:57:53]
regarding the sensitive real estate
[3:57:55]
matters related to development plans for
[3:57:57]
downtown Newport. I would assume we
[3:57:59]
would invite Dave Leforce of Newport
[3:58:01]
Downtown Development into that
[3:58:02]
conversation and Joe Gunter, our city
[3:58:06]
manager. Um,
[3:58:11]
Oh, okay. All right. All those in favor,
[3:58:15]
please say I.
[3:58:16]
>> I.
[3:58:18]
>> I'll practice the flow for next week,
[3:58:19]
y'all. All right. We're going to
[3:58:21]
executive session.
[3:58:37]
When I first got into the airports,
[3:58:41]
>> I hope
[3:58:43]
I didn't close the
[3:58:48]
end and the whole meeting
[3:59:03]
» Okay. So I make a motion to come out of
[3:59:06]
the executive session with the whole
[3:59:09]
>> No, during which the election was
[3:59:11]
>> during which no action was
[3:59:12]
>> assuming you took no action.
[3:59:13]
>> You didn't
[3:59:15]
move.
[3:59:16]
>> Great. I'll second.
[3:59:18]
>> All those in favor please say I
[3:59:21]
>> I
[3:59:24]
>> thank you.
[3:59:25]
>> Okay. So item number 15. This is an
[3:59:29]
executive session as per one VSA for uh
[3:59:31]
31382
[3:59:33]
for the purpose of receiving an update
[3:59:35]
from Newport Downtown Development
[3:59:36]
regarding sensitive real estate matters
[3:59:38]
related to cell phone tower leases. I
[3:59:40]
have a motion to go into executive
[3:59:42]
session.
[3:59:42]
>> I'll make that motion.
[3:59:44]
>> Second.
[3:59:46]
>> All those in favor say I.
[3:59:48]
>> And should we that to invite
[3:59:50]
>> Yes. Thank you. We need to invite David
[3:59:52]
and Joe Gunter to remain.
[3:59:55]
>> Thank you.
[4:00:00]
All in favor say I.
[4:00:12]
» The cameras back on too.
[4:00:14]
>> All right. May I have a motion to come
[4:00:15]
out of executive session during which no
[4:00:18]
motion?
[4:00:18]
>> Second. I have a motion in a second. All
[4:00:20]
in favor say I.
[4:00:22]
>> Oppose. Nay.
[4:00:23]
>> Motion carries. So item 16,
[4:00:28]
uh, basically we just want to say out
[4:00:30]
loud to everybody that, um, council is
[4:00:33]
considering an offer, uh, to sell the
[4:00:38]
for someone else to purchase the
[4:00:41]
long-term rights of the cell tower site
[4:00:44]
up at the reservoir. Mhm.
[4:00:46]
>> Um we are in pursuing that option as a
[4:00:49]
way to come up with some uh cash for the
[4:00:53]
match that we're looking for for the
[4:00:54]
NBRC grant to do development work. And
[4:00:58]
we expect to have some kind of an offer.
[4:01:01]
We hope to have some kind of an offer to
[4:01:03]
put in the packet for the next meeting.
[4:01:06]
And assuming everything goes well, we'll
[4:01:08]
have an action for the council to take
[4:01:10]
at the next meeting because we're aware
[4:01:12]
that we need to warn it if we're going
[4:01:14]
to take this action for the November 3rd
[4:01:16]
meeting. Um, I'll just say our current
[4:01:19]
lease runs out in November. So, there's
[4:01:22]
some time sensitivity to this. Anybody
[4:01:25]
want to add anything to that, council
[4:01:27]
members? Joe, anything you want to add?
[4:01:30]
No, sir.
[4:01:31]
>> Okay.
[4:01:33]
All right. Um,
[4:01:36]
new business. Council members. Anything
[4:01:37]
you want to put on for new business
[4:01:38]
tonight? Carter?
[4:01:40]
>> I just wanted to say thank you to the
[4:01:42]
drivers and ATVers. I was out on the
[4:01:45]
main street for Newport Recreation
[4:01:48]
Committees like coin drop and it's
[4:01:50]
always just a fun buzz where you check
[4:01:53]
in with folks and you know it's just a
[4:01:55]
really positive day. So, don't know what
[4:01:57]
the numbers are.
[4:01:58]
>> I was going to ask do you know what you
[4:01:59]
made? No, but it's always it's very
[4:02:02]
silly and very high like for the effort.
[4:02:06]
Um, but it's just, you know, just a fun
[4:02:08]
blast.
[4:02:10]
So,
[4:02:10]
>> thanks.
[4:02:12]
>> Injured?
[4:02:12]
>> No. Thank you.
[4:02:13]
>> John,
[4:02:13]
>> no.
[4:02:14]
>> Sharon, anything?
[4:02:17]
>> Joe?
[4:02:18]
>> No, sir.
[4:02:18]
>> And Jim,
[4:02:19]
>> no.
[4:02:20]
>> All right.
[4:02:20]
>> Wait, I do have something.
[4:02:22]
>> Go ahead, Sharon. I just want to thank I
[4:02:24]
just want to thank the council for um
[4:02:27]
the support with the charter task force
[4:02:29]
and all the work that we were we did and
[4:02:32]
cross our fingers and now we got to
[4:02:34]
build it up really well.
[4:02:37]
>> But thank you. Thank you. It was a lot
[4:02:39]
of work as John and all of you know.
[4:02:43]
>> It was a huge amount of work. So thank
[4:02:45]
you Sharon for all you did to hold that
[4:02:48]
together even in the midst of your
[4:02:49]
family stuff. So, anybody have an old
[4:02:52]
business item you want to put on the
[4:02:54]
table tonight?
[4:02:56]
>> I No, it's fine.
[4:02:59]
>> Okay. I'm just going to remind folks
[4:03:01]
that I will be gone next week for the
[4:03:03]
meeting and I'm leaving on the 19th,
[4:03:05]
Saturday night, back on October 3rd. So,
[4:03:09]
>> lovely trip.
[4:03:10]
>> Thank you. Have a great
[4:03:12]
>> enjoy yourself.
[4:03:13]
>> Yeah. Have a great meeting without me.
[4:03:15]
I'm not going to try and zoom in from
[4:03:17]
France. So I might if it were 5 hours
[4:03:20]
behind. I'm definitely not going to do
[4:03:21]
it. It's 5 hours ahead.
[4:03:24]
>> 7 hours ahead of you.
[4:03:26]
>> What's that?
[4:03:26]
>> Isn't seven hours?
[4:03:30]
>> I don't know. It's a lot. It's too much
[4:03:31]
to start a meeting at 11 o'clock or
[4:03:33]
12:00 at night.
[4:03:34]
>> Especially if somebody runs a meeting
[4:03:35]
the way I do it, it goes until 4 in the
[4:03:38]
morning.
[4:03:39]
Um, so we have a motion to set the next
[4:03:42]
meeting of the council. Call a regular
[4:03:43]
meeting scheduled for September 21st,
[4:03:45]
2026 at 6 p.m. So second.
[4:03:50]
>> All in favor say I.
[4:03:51]
>> I.
[4:03:52]
>> Opposed? Nay.
[4:03:53]
>> Motion carries. Motion to adjurnn.
[4:03:55]
>> Make a motion.
[4:03:56]
>> Second.
[4:03:58]
>> Great. Got a second from Sharon. All in
[4:03:59]
favor say I.
[4:04:00]
>> I.
[4:04:01]
>> Thanks very much. Good evening everyone.
[4:04:02]
Want to see all your work.