August 17 Meeting Report
5:00pm - Standard & Conduct committee Carol Kummer, chair; Bob Fine & Walt Dziedzic
In theory, the following were the study/report items [note, no action items]: 1. Board Rules for: a. Board agendas & online staff reports b. Indexing board meeting DVDs c. Board meeting length & broadcast timeframe d. Roll call votes e. Marked agendas f. Board minutes
Kummer moves to amend the agenda [I believe, not clear].
Dziedzic moves to amend [what? the Board Rules?] to include "no speeches before votes [then amends that to be "before roll call votes" since other votes are simply aye/nay], and to include "no talking if one is recused." He says that's what Robert's Rules say.
Approved. [what? the agenda? the Rules changes?]
Assistant Superintendent Don Siggelkow gives a long-winded CYA speech about how expensive minute taking is, and how they decided it was a great to improve on the website like the City has with links to staff reports, and gives an estimated cost of 200 hours annually of staff time. He says DVD indexing will cost about 10 hours of staff time annually. Then he talks about the financial cost of cable TV broadcast, that the city charges the Park Board for blocks of hours which must be reserved in advance. Currently the Park Board reserves 3 hours, from 5pm to 8pm, and broadcasts the meetings from 5pm to 7pm and then promotional material from 7pm to 8pm [if the meeting does not use that time?]. He says the board created a new Rule around July/August of 2004 which stated that business must be concluded by 7pm in meetings to coincide with the broadcast. [I sure don't remember any such rule change, but haven't searched the meeting notes yet.] He says it costs $40 per hour to reserve the broadcast time, and it must be reserved for the entire year.
Dziedzic pipes in to say if the board sticks to the 1 minute / 3 minute rule (for first and second/last commissioner comments on a motion), the can finish by 7pm. [This very meeting goes until 9:10pm, and no one speaks for more than the 1 / 3 minute allocation.]
Commissioner Vivian Mason says she suggested changing the meeting times so that the regular meeting starts at 5pm, and the committees meet later [reverse of current procedure] so that the important regular meeting decisions are televised.
Commissioner Annie Young says that the 1 minute / 3 minute rules is not the problem, but rather things like public hearings, open time, award presentations, long reports, etc. It's not about the commissioners talking too much. She suggests they reserve 4 hours, 5pm to 9pm until the end of the year as an experiment.
Kummer move to add one hour to broadcast reservation per Young's suggestion.
Dziedzic makes a substitute motion to move the issue to the full board without recommendation.
Siggelkow talks about voice versus roll call votes, and says all roll call votes would require a rules change.
Kummer asks if there was a motion, or if one was needed.
Dziedzic says he did not make a motion [he most certainly did].
Siggelkow discusses "marked agendas" and claims the reason for them was to improve public information [they contain less information]. He talks about the staff time to prepare them as well as more extensive minutes.
Kummer calls the marked agendas an improvement.
Fine asks if they need to change the Board Rules to have marked agendas.
Siggelkow says no, it's just an administrative/staff change. He goes on to talk about the history of board minutes, disagreements on the content of summarized minutes, etc. He says marked minutes contain less information and thus less subjectivity, and are faster to produce. He says the alternate is transcribed (verbatim) minutes, which would cost $15,000 per year.
Young says she believes in more detailed minutes. It's important to have good minutes, and it's the ethically correct thing to do.
Commissioner Marie Hauser says that board members argued that cable TV broadcast was the way to get more information to the public, and now we are all saying we are not getting enough information to the public.
Mason supports Young's position.
Dziedzic asks how a member of the public gets the minutes if they have no TV?
Kummer says well, there will always be people we can't get it to, they may have no phone.
Mason says they can to the headquarters building and read them.
Hauser says why did we spend money on cable TV broadcast if it is not adequate for conveying information to the public.
Young says it is not solely about getting information to the public. it is about ethics, recording for legacy and history purposes.
Siggelkow says they do keep minutes, just not detailed.
Fine gives one of his patented paternalistic lectures on the purposes of minutes. He says anybody can watch the DVD recording of the meeting in 20 years. [Fine does not have a clue about technology. Compact disks (CDs) were introduced in 1983; prior to that audiophiles used phonograph records. How many people have phonographs today? 20 years ago computers used 5.25 inch floppy disks. Today, most new computers are sold without floppy disk drives, and those which do have them have 3.5 inch floppies. How about Sony Beta video tapes?]
Kummer has a question about how minutes are taken at the Legislature.
Counsel Brian Rice says the legislature has audio recordings and their committees have brief written minutes.
5:35pm - Stds. & Conduct committee is Recessed
Administration & Finance Committee called to order. Marie Hauser, chair; Dziedzic, Mason, Young, Rochelle Berry Graves, members.
* Action Item 7.1 - That the board approve the NRP funding agreement with the city of Minneapolis for the Folwell Neighborhood Association to install air conditioning in Folwell Community Center in the amount of $25,000.
Dziedzic wants to know what the [operating] electrical bill will be. Then he starts talking about parking, but apparently meant AC.
Planning Director Judd Rietkerk says he will find out.
President Jon Olson asks are you referring to the Powderhorn Park issue? Folwell is the most generous neighborhood where parks are concerned. Thank you Folwell.
Dziedzic says he stands corrected.
Young says we have 49 community centers and asks how we are doing this? She recommends looking alternative roofs and environmental methods.
7.1 passes.
* Study / Report Item -- Reorganization Update by consultant Jeff Schoenbauer. [I wonder why staff could not have made this report, as Schoenbauer primarily just reads his Powerpoint presentation to the board. Why pay him for this?] Schoenbauer gives a lot of accepted facts and platitudes. He describes lots of new hires and promotions [where is the money coming from for this?]. Then he claims [incredibly] that the structural change is cost neutral. Schoenbauer talks about the 3 parts to the change, with big new usage of Information Technology Systems (ITS) being one of those three. He talks about lots of good stuff if they could actually implement and follow it. He contrasts "anecdotal information" with "factual information in a robust way." He discusses what is best left to staff and what is best left to commissioners. He gives a good description of staff versus commissioner roles, relationships, respect for planning, professional versus political. Much hinges on working relationship and respect.
[At this point, there is lots of noise in the hall making it hard to hear the meeting. The hall is filled with DeLaSalle supporters, and 2 or 3 Park Board youth teams who receive sportsmanship awards later.]
Young tries to make a suggestion regarding Mr. Schoenbauer's time with respect to the upcoming recess for the regular meeting. Hauser cuts her off and ignores her.
6:03pm -- Hauser Recesses the Admin & Finance committee
Olson convenes the full board for the regular meeting.
* Open Time
Brandon Heath, InnerCity Tennis, and Ellen Doll, Kenwood Isles Tennis Association present their case for the Support-the-Courts Tennis Project, a great program which provides a lot of opportunities for underprivileged kids (2533 kids participated) but the park's courts are in terrible shape. The board budgets $150,000 per year for all tennis court renovation, but one court alone can cost as much as $35,000. They are raising money to help.
Dan Myklebust, a professional forester, strongly criticizes the Park Board's Dutch elm disease (DED) program. He passes out extensive information on the disease and his observations. His comments and information can be viewed here: http://www.mplsparkwatch.org/node/346
6:14pm -- Presentation of the Sportsmanship Awards: wrestling goes to Bryant Square Park team, track & field to a Kenny Park team, girls softball to Pearl Park 15 and under team, and open baseball to Van Cleve / Matthews park 15 and under team. Awards are handed out and lots of photographs with the kids are taken.
6:21pm -- Teams file out noisily. A resolution recognizing Todd Pufahl for union work on behalf of employees is read. Pufahl is moving on to a job at the legislature. Pufahl makes some comments and then there is another photo session.
6:28pm -- Regular meeting is Recessed.
Admin & Finance is Reconvened by Hauser.
Hauser, who blew off Young earlier, now says she considered Young's suggestion and let Mr. Schoenbauer leave, so he is no longer available for questions. Mason also had a question, but Hauser says time constraints don't allow it to be answered.
Superintendent Jon Gurban suggests having Schoenbauer come back and answer questions at a "Dry Run."
6:30pm -- Hauser adjourns Admin & Finance.
6:30pm -- Regular meeting Reconvened by Olson
Young has questions regarding the DeLaSalle Public Hearing and discussion of a resolution.
Olson tries to recess to go to the Planning Committee.
Young says they need a motion to amend the agenda to do so.
Olson asks for a motion
Commissioner John Erwin makes the motion. Passes and agenda is amended.
Dziedzic takes this moment for a point of personal privilege to say he did not say what he was quoted as saying in the Star Tribune about the size of Nicollet Island and how much land was used by residents.
* Reports of Standing Committees
Planning Committee
Fine moves item 4.1, That the Board authorize staff to enter into a Reciprocal Agreement with DeLaSalle High School. Seconded by Hauser.
Erwin offers a Substitute Motion as a Resolution as a Compromise. Seconded by Young. (Full text of that resolution here at this link.)
Roll call vote: Fine votes NO, others all vote YES. Passes 8 to 1.
The Compromise Resolution was worked out between Nicollet Island resident Barry Clegg, DeLaSalle and the Park Board. They are thanked for their hard work.
Dziedzic wants to make a friendly amendment. Olson does not want to mess with the agreement at this point, or everything will come undone.
6:41pm -- Public Hearing on DeLaSalle Proposal
* Barry Clegg states the compromise resolution is not perfect from the Islanders point of view and surmises it is likewise not perfect from DeLaSalle's point of view, either. That's the nature of compromises. But he hopes that each side, instead of repeating the same arguments they made 2 weeks ago at the "public forum," are willing to hold their comments until the public hearing(s) that will be part of the Citizens Advisory Committee (CAC) process.
* Brother Michael Collins, president of DeLaSalle, says that he agrees with Clegg completely, that the resolution is a great solution for now, and likewise urges the numerous people who have come to testify to keep their comments for the next hearing and let the meeting proceed tonight.
Olson calls for anybody else who wants to speak.
* Arlene Fried of Bryn Mawr says the compromise Resolution calling for a CAC is a good solution, but that it was very unfortunate that it had to come to this point before the CAC was planned. It should have been planned back in January, and a lot of hostility could have been avoided.
* August Berkshire[?] of Minnesota Atheists says they want a separation of church and state person on the CAC, e.g. someone from MN Atheists or the ACLU.
Dziedzic wants to amend point #6 in the resolution[?] regarding a performance bond.
Hauser still believes the 1983 agreement between the Park Board and the City requires the Park Board to provide this land to DeLaSalle [contrary to legal opinions to the contrary]. She supports the motion. [what motion?]
Mason asks does the Archdiocese own DeLaSalle? Will they make DeLaSalle an agent?
Michael Collins answers at board request: Yes, Archdiocese owns DeLaSalle, and DeLaSalle is already an agent and can make its own contracts.
Mason does not see a need for a reciprocal agreement to be mentioned in the resolution and is uncomfortable with it. She asks if the Environment Assessment Worksheet (EAW) has to be done before the CAC meets, so that they don't waste their time. She wants proper representation on the CAC, as it is important. She was asked to name her CAC member today, but is unprepared to do so and wants more time.
Olson says the reciprocal agreement mention was part of the compromise.
Counsel Rice does not know about the EAW before the CAC meets. The City controls the EAW and the Park Board controls the CAC. It will require coordination.
Olson gives Mason (and other commissioners) until noon on Friday to have their CAC appointments in [in reality, it ends up being the following week Monday or so].
Young is in agreement with Mason. She is not ready to name her appointment and does not like the CAC structure. She says they can give the CAC any charge they want. She thinks the arrangement of the Whereas clauses in the Resolution is confusing and suggests rearrangement. She makes a friendly amendment or substitute motion on composition and structure of CAC.
Erwin does not accept Young's motion as a friendly amendment.
Olson does not want to alter the agreement.
Kummer applauds the work people did on it, etc.
Someone says call the question. [but I'm wondering what was passed before and what the motion is on the floor now -- and are any of the commissioners including Olson likewise confused?]
Whatever it was they were voting on, the Compromise Resolution for a second time, or the first time, or something else, passes 9 to 0 on a roll call vote.
7:02pm
Fine moves item 4.2 That the board direct staff to initiate a Citizen Advisory Committee (CAC) for the proposed DeLaSalle High School Athletic Field Project to meet as soon after September 1 as possible with the intention of having at least 3 meetings with 1.5 months of its inception. It's seconded.
Erwin suggests lengthening the period to 2 months, versus 1.5.
Olson says it can start 9/1 and the chair of the CAC can ask for extensions if needed.
The CAC will have 21 members. The board and Olson do not make it clear to the audience what that structure will be, but apparently the commissioners have something in writing that perhaps describes it. From what was said, it seems to include the following appointees / members:
Park commissioners: 9 Residents of Nicollet Island: 2 Nicollet Island East Bank Neighborhood Assoc: 1 St. Anthony West Neighborhood Association: 1 St. Anthony East Neighborhood Association: 1 [why St Ant. East and not Marcy Holmes?] Soccer: 1 Football: 1 Mayor: 1 Council-members from Wards 1 and 5 (1 each): 2 Business: 1 County Commissioner: 1
Young wants to add 4 people, 2 from DeLaSalle, 1 from special interest group and 1 from city park / environmental at large.
Olson thinks it's fine as is. Says if it is too big, it's harder to operate.
Hauser support Young, thinks DeLaSalle should have representation.
Olson points out that DeLaSalle is the proposer of the project to which the CAC will be reacting, and will thus have plenty of say in the outcome.
Erwin points out that some commissioners will likely appoint DeLaSalle supporters.
Olson says "very good words, vice-president Erwin."
Roll call vote on 4.2: Young No, 8 Ayes. Passes 8 to 1.
7:12pm -- Olson Recesses the regular meeting.
There is lots of milling about and talking. I notice that Crown Hydro continues their perfect attendance in the person of Rob Brown. I notice 4th district candidate Christine Hansen attending her first-ever Park Board meeting. Candidates Meg Forney (at large) and LuAnn Wilcox (1st district) are also present.
7:31pm -- Kummer reconvenes the Standards & Conduct committee.
Young wants to direct staff to investigate computer voice recognition or other technology which might help provide improved meeting minutes.
Kummer says "we meet our statutory requirements and I don't know why we need to do more than that" -- based on a legal opinion from counsel Rice. [no point in doing more than the bare minimum versus trying to restore the public trust, I guess]
Young mentions that Dziedzic earlier stated if one recuses oneself, they should not speak on a subject or motion.
Dziedzic says Young is correct, that it is in Robert's Rules.
Young says she is opposed to that idea, and gives an example of how one discusses first and then recuses at the vote.
Kummer gets confused about the progress of her committee's meeting.
Hauser says Robert's Rules do say this.
Siggelkow says one recuses oneself for personal or financial interest in the outcome, and one's statements may influence others.
Rice says similar things. He argues [I thought only the deliberating body should argue the motion or point] for commissioners to not recuse themselves except in the case of legal financial interest [again, let's not set the bar too high here, right?], otherwise one is not fulfilling the obligation to the people who sent one here to vote.
Fine brings up the obvious alternative of abstaining from a vote instead.
Erwin thinks it's wise to recuse or abstain when there is just an appearance of or potential for conflict. One cannot know for sure how a vote may ultimately benefit someone financially.
Rice says [did he get called on again?] everyone has a bias, it's about balancing.
Kummer says we have fully explored this.
Dziedzic repeats his point about no speeches before voting [several audience members point out to me that they think Dziedzic is the biggest abuser himself of this rule].
Olson criticizes Young for her comment supporting the CAC after voting no on the structure laid out in 4.2
Young reads into the record the passage in Robert's Rules of Order regarding voting and conflict of interest.
Fine reads the passage regarding explaining one's vote.
Kummer says she remembers Siggelkow received an offer from Brian Melendez to review their process.
Siggelkow says it was 1.5 years ago, but maybe the offer still stands. He believes the new commissioners elected this fall should review the process.
Kummer wants to get it done before then.
Mason agrees they need an outside process evaluation. Tonight is a perfect example of process problems; TV coverage has ended before coming back to the substantive portion of the Standards & Conduct committee meeting.
Olson suggests starting regular meeting at 5pm, followed by committee meetings. It would be easiest.
Kummer wants Mr. Melendez to take a look at it.
Young has a question about what they are asking Mr. Melendez to do, are they asking him to present his parliamentary procedure workshop?
Siggelkow suggests starting at 5pm with regular meeting for the next 4 months and then review.
Fine moves same (Olson/Siggelkow suggestion) and adjournment. Passes.
7:52pm -- Adjourned
Olson reconvenes the regular meeting again.
Minutes of the August 3, 2005 meeting approved.
Reports of Officers
* Superintendent Gurban mentions tours of the new police space below them [downstairs]. [Audience members wonder how much tax money was spent on the 4-page, color puff piece on the HQ "Taj Mahal" building passed out at the tour and the meeting that functions as a marketing tool for Park Board candidates Fine, Dziedzic, Olson, Kummer and Mary Merrill Anderson. Audience members further wonder if this was prepared by the recent public relations person they hired to make themselves look better. It looks much like Gurban's style of writing to me. This puff piece overlooks the multi-million dollar cost over-runs involved, and repeats the phony numbers used to "cost justify" its purchase. I think piece is of questionable legality.]
* General Manager Michael Schmidt reports that about 6,000 elm trees have been lost so far this year, and they are anticipating that the total will be about 7,000 for the year. Around 10,000 were lost last year. The forestry crews working on elm tree removal have gone back to 40 hour weeks this past Monday.
* Police chief Brad Johnson describes an incident at Fairview Park where a gang member was apprehended while waiting to shoot someone inside the building.
8:22pm
* Legal counsel Rice reports on Crown Hydro's lawsuit to appeal the Federal Energy Regulatory Commission's (FERC) ruling on June 1 that denied Crown Hydro the ability to use eminent domain to condemn and acquire the Cataract Mill site on Park Board property. Rice STRONGLY urges the Park Board to be represented in the 8th District Court where the appeal will be heard. He says the deadline is August 25 and the cost will be $5,000 to $10,000.
Commissioner Rochelle Berry Graves concurs with Rice, and says we are stewards of the parks, we should make sure we are represented in court.
Mason also agrees with Rice, and says she had a constituent call about this very issue.
Young asks what leg do we have to stand on, if we are selling Fuji Ya but refusing on the Cataract Mill.
Rice describes the differences; Cataract Mill is inside the parkway and Fuji Ya was not a desired piece of property.
Olson asks didn't Crown Hydro and the Park Board sign an agreement years ago where Crown Hydro said they would not pursue legally taking the land through condemnation?
Rice says yes.
Hauser asks if Crown Hydro wins in court, wouldn't that be precedent setting for taking park land nationwide?
Erwin supports having Rice represent the Park Board in district court for this appeal.
Fine says it's an appeal, should the Park Board spend up to $10,000 to back up FERC? [according to my search of court cases where Fine served as an attorney, I could only locate appeals which he lost]
Dziedzic says we have to be there.
Two motions are made regarding having the Park Board have legal representation in the 8th district court for Crown Hydro's lawsuit. It appears the first was to move Rice's report item to New Business, and the vote was 5 in favor, and 4 against. Those opposed were Olson, Fine, Hauser and Kummer. I believe this vote required a 6 person majority to succeed, so it failed. It appears the 4 voting No were providing cover for Dziedzic for the election so that he could vote yes. The second motion was to suspend the rules, and the vote was again 5 in favor, and 4 opposed. The same 4, Olson, Fine, Hauser and Kummer were opposed, and this vote does require 6, so it fails. The end result is that as of this writing, the Park Board will have no voice or representation in 8th District Court when Crown Hydro tries to convince the court it should be allowed to take Park Land via eminent domain condemnation.
This essentially says that Olson, Fine, Hauser and Kummer voted in favor of Crown Hydro.
Consent Business (see agenda documents for details)
Items 2.1 and 2.2 are moved and passed with no discussion.
Standing Committees
Admin & Finance
Items 7.1 and 7.2 are moved and passed with no discussion.
Items 7.3, maximum tax levy, is moved and passed with no discussion.
8:40pm
New Business
Item 9.1 That the board suspect its land acquisition and naming policy VIII. C. C.5 naming after any individual may not take place until at least two years after the person's name has bee nominated in writing, And name the baseball field at Stewart Park "Bob Casey Field" at Stewart Park, effective immediately. (requested by Dziedzic)
Dziedzic says the Minnesota Twins wanted it.
Young asks why Stewart Park?
GM Schmidt answers: The Minnesota Twins Community Fund donated $40,000 to fix up the park.
Erwin says he thinks we do need to start following our rules.
Berry Graves concurs. It's precedent setting. Twins will still come in 2 years.
Hauser says Bob Casey grew up in the Stewart Park neighborhood.
Fine says the staff thinks [what does Fine think?] this will maintain and improve relations with the Twins. "We're not naming the field after a corporation."
Mason thinks policy should be followed.
Berry Graves feels better now that she knows it's just the field and not the entire park that is being named, and that it is just a sign on the backstop.
Young tends to agree with Berry Graves even though she is a policy wonk.
Erwin will go with it also, but says they need to set out their policies on all such things and stick with them.
8:54pm
Roll call vote to suspend the rules: 8 for, Mason against. Passes.
Roll call vote to actually name the field: 6 for, 2 against (Mason,Young), 1 absent.
Petitions and Communications
Young says a letter from Fish and Wildlife states that access to Camp Cold Water Spring on the Bureau of Mines site has had access cut off.
Dziedzic talks about the "burning the mortgage" ceremony (per the previously mentioned puff campaign piece) at 4pm with cake and drinks.
9:10 ADJOURNED