HomeMy WebLinkAbout2013-11-25 Council minutesMINUTES
CITY COUNCIL ORIENTATION
NOVEMBER 25, 2013
TERRY TRUEBLOOD LODGE
Council Present: Dickens, Dobyns, Hayek, Mims, Payne, Thrognlorton
Council Elect Present: Botchway
Council Absent: Champion
Staff Present: Markus, Dilkes, Fruin, Andrew, Adhikari, Karr
ORGANIZATIONAL MEETING:
City Clerk Karr spoke to Members first regarding the orientation portion of the meeting. She
noted that the City Manager, City Attorney, and City Clerk's office have all prepared
information for the Members regarding general Council orientation issues. This information was
included in the packet for today's meeting. Due to the time of day, Karr suggested they
streamline this by highlighting those points that staff feel may need a little more attention. She
encouraged Members to ask questions as they go through the information.
Karr touched on the revised booklets from the League of Cities regarding Open Meetings, Open
Government, and Open Records, Open Government, information; noting that the updates do
incorporate the new Public Information Board (IPIB) that was established by the State.
BIO SHEET- Karr noted the revised Council bio sheet on page 73 of the packet. Each member
will be provided an electronic copy and asked to provide new information for updating the
website after the first of the year.
TENTATITIE SCHEDULE — Karr stated a tentative schedule of Council meetings is provided on
page 78. This sheet will be updated and distributed each week as the front page of every
information packet. She added that if anyone needs to make any changes to this schedule, they
need to contact her as soon as possible as the first quarter reflects special budget work sessions
and joint meetings.
City Manager Markus stated that he finds it peculiar that the meeting schedule is often changed
due to just one or two Council Members' absence. He noted that the Council needs to remember
how the public sees these changes, as well as the disruption it can cause to both the public and
for staff. In his experience, a Council typically sets the schedule for a year at a time. This would
basically entail two meetings per month, scheduled throughout the year, with extra plaruzing
meetings scheduled ahead of time as well. Markus continued to discuss this issue, noting the
hectic planning that has to take place in order to change such meetings. He encouraged the
Council to consider setting a schedule at the beginning of each year and sticking to it. Individual
Members expressed their preference to a set schedule. Markus suggested they consider a policy
if three Members are going to be absent at a set meeting that they would then reschedule it.
Members continued to discuss this issue, agreeing that a set schedule such as the first and third
Tuesday of each nrronth, would make things easier for everyone involved.
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November 25, 2013
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Payne suggested they find out when the School Board meetings are and have the Council
meetings on the opposite weeks. This would then allow Members of either group to attend the
meetings. After more discussion, Members agreed that setting a yearly calendar is best. If
changes need to be made along the way, they can handle those as they occur. Karr asked
Members to always let her know as far in advance as possible of any meetings they will not be
able to attend. That way if there is going to be a quorum problem they can address it earlier
rather than later. Staff will check on the School Board schedule and report back.
COAIMUATICATING WITH COUNCIL /SOCIAL MEDIA - Karr information has been updated
starting on page 74 of the packet. City Attorney Dilkes spoke to Members regarding social
media and ways of contacting the Council Members, stating that she updated the memo once
staff came to the conclusion that with all of the different ways there are to communicate now, it
no longer made sense to advise Members to only use their City email, for example. She further
explained why the bio page that Karr mentioned earlier is so important, as this form will allow
Members to list any email addresses they wish to publicize, as well as a Facebook page or even a
Twitter account.
Dilkes then quickly reviewed what constraints there are to communicating between Council
Members. Four or more cannot communicate simultaneously about anything involving City
business, for example. Dilkes further explained what some of the case law has been showing
with regard to electronic communications — if it looks like there is simultaneous communication,
then most Iikely this would be construed as a meeting. With the immediacy of electronic
communication, this can be a difficult thing to be aware of according to Dilkes. Members were
also warned that it does not matter if a communication comes from their personal email or their
Council email, If the topic is about City business, the email is considered to be a public record.
These types of communlcatIon can be requested, and Members should govern themselves
accordingly. Dilkes noted that one of the best ways to communicate is by phone or in person.
Throgmorton asked for some clarification on this, stating that to him it seems to undermine the
goal of transparency. If nothing is recorded, for example, then no one would know what was
discussed. Dilkes stated that she disagrees and further clarified her stance. For example, it is not
illegal for a Member to have private conversations with less than three other Council Members.
When it comes to a phone conversation, there is no record created and therefore it does not
become a public record. There is nothing to request regarding the conversation that took place,
Dilkes further clarified email communications and why she believes they can lead to problems.
Things can be taken out of context, for example, in an email communication, versus speaking to
someone in person.
Dilkes then spoke to communicating using personal entail versus City email. She stated that the
City keeps ernails for three years, and if a request is received, she can have the IT Department do
a search of the server for the requested email. However, if the email is on the Member's private
computer, then the Member will have to perform this search and provide the requested ernails.
Dilkes also reminded Members to not use City items for personal or political purposes, such as
hardware or software that is owned by the City. This is to be used for City business only. Dilkes
mentioned to Botchway that the other Members have chosen to buy their own i -Pad with a
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November 25, 2013
Page 3
stipend that the City provides. This way the device is not City -owned and can be used for both
personal and City business.
Next Dilkes noted what the Council's general email address is. These emails go to the City
Clerk's office, as well as to the City Manager's office. Typically City staff provides the
responses to these types of ernails, and Members receive copies in their agenda packets. Dilkes
stated that if a Member does decide to respond to a Council email individually, they should send
a copy of this response to the City Clerk's office for inclusion in the information packet, as well.
Continuing the email topic, Dilkes noted that there will be times when City staff needs to
communicate with Council in a timely fashion. These typically have a statement from the City
Manager's office asking that questions be directed to the Manager's office individually. Dilkes
also continued to review the information from the League of Cities regarding open records and
open meetings, noting that there are penalties involved in such infractions.
PLANNING 8 ZONING EX PARTS COMMUNICATIOATS / CONS UL TA TIOAr - Dilkes next
touched on zoning issues and explained how these issues are handled, specifically rezonings, and
the need to disclose all ex paste communications — the subject matter and whom the
communication was with. This is done so the audience members are aware of what a Council
Member has heard and able to respond. Dilkes did add that in the future Members do not need to
disclose that they talked to another Member regarding an issue, as they have been doing. Dilkes
then noted that she works a 60% schedule and is typically in the office on Monday, Tuesday, and
Wednesday, but that she can always be reached if needed.
LATE HANDOUTS — Karr reviewed the practice that any information that does not make the
Thursday packet, and is time sensitive or on the agenda, will be distributed to Members
electronically in a packet entitled `late handouts' on Tuesday afternoon by 3:00 PM.
COUNCIL ABSTENTIONS - Throgmorton then spoke to the platter of when a Council Member
abstains and the vote is then counted in either the affirmative or the majority. He asked if they
should revisit Resolution 00 -117 and consider rescinding it. Karr reported the resolution was
passed in response to a certain Council Member at a certain point in time, but that it is also
germane to the responsibility of a Council Member to vote when they do not have a conflict of
interest. Dilkes stated that they can certainly schedule this for further discussion at a work
session.
TYRAP UP I MISCELLANEOUS - Botchway posed the scenario of posting on Twitter about an
upcoming agenda item, for example, and asked if this type of communication is okay. Dilkes
noted that this is fine, adding that the social media aspect is open for Members to use. Markus
ended the meeting by notifying Members that Mediacom has decided to continue to fund PATV
through the contractual period of 2018. He stated that PATV should start planning for this now
while they still have time to do so. At this point Hayek thanked everyone for their participation
and ended the meeting, 6:20 PM.