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HomeMy WebLinkAbout1972-02-28 Evironmental Quality Commission Meeting MinutesEDINA ENVIRONMENTAL QUALITY COMMISSION Meeting Notice Monday, February 28, 1972 7:30 P.M. AGENDA I. Call to Order and Rollcall II. Approval of Minutes of February 14, 1972 Meeting III. Unfinished and Old Business A. Bylaws B. Recommendation to Council concerning Minnehaha Cooperative Powers Agreement IV. Reports of Acting Moderator A. Minnetonka Disposible Container Meeting V. Communications VI, New Business A. Meadowbrook Lake trail development B. Film: "Cry of the Marsh" C. Film on Nine Mile Creek D. Other New Business VII. Adjournment Minutes of a Special Meeting of the Edina Environmental Quality Commission February 28, 1972, 7:30 p.m. Conference Room, Edina Village Hall The meeting was called to order by John Telfer, acting as moderator with the following commissioners present: Willard Morse, Jr. Robert Johnson Robert Sandilla John Telfer Carol Beim Clifford Johnson Jim Bentley June Schmidt Earl W. Carson (alternate) Paul Laederach (alternate) Don Johnson (alternate) Ronald Hayes arrived during the course of the meeting. Village staff present: Gary West Harold Sand Minutes of the February 14, 1972 meeting were approved as read. Bylaws . The Commission meeting as a committee of the whole reopened consideration of the bylaws said consideration being continued from the previous meeting. John Telfer reviewed the proposed bylaw changes that were made at the last meeting as contained in the minutes of the February 14, 1972 meeting. The question was raised in regard to the bylaws of permitting the alternates voting privileges on the Commission in the absence of regular members and/or in the need of a quorum. Discussion was held upon how-to determine when and who would be permitted to vote, either by a rotational system or an alphebetical system or a rating system. Mr. Telfer offered a suggestion modifying the final paragraph of Section 6 to permit alternates to vote during the absence of regular members. After considerable discussion, it was decided by a majority of the members to leave this paragraph as it is, and to: 1.) suggest that the Council appoint one of the alternates as a regular member to the Commission for the unexpired term of George W. Nicholas, 2.) to request clarification from the Council on the status of-the alternates to the Commission, 3.) request that a Councilman be designated to attend the Environmental Quality Commission meetings as an ex officio member. The discussion moved on to Section 20, concerning the duties of the Chairman and speci— fically—his appointment of all committee members. Mr. Telfer expressed -concern that if all committee members were required to be approved by a majority of the Commission, that this might take a great deal of time and be unnecessary. Several persons spoke concerning this matter, during which it was pointed out that this was another example of checks and balances -upon the Chairman, particularly where citizens at large would be appointed to the Commission and that this conformation would lend an air of legitimacy to a committee established by the Commission. Bob Johnson moved, and Clifford Johnson seconded that Section 20 of the bylaws be left as proposed. Motion carried seven to one. After some discussion, Section 23 was clarified to read as follows: "The rules of par— liamentary procedure comprised in the latest edition of Robert's Revised Rules of Order shall govern the Commission in its deliberations except where the bylaws shall conflict. In the event of conflict, the bylaws shall take presidence. Rules may be amended at any meeting by a mutual agreement or by a majority vote." r Edina Environmental Quality Commission Minutes of February 28, 1972 meeting Page Mr. Telfer proposed that a section be added containing a conflict of interest clause which stated to the affect that if a commissioner should have a chance of monetary gain for himself or for others through the excercise of his voting privileges or action on the Commission, he should voluntarily disqualify himself from all proceedings on that matter. Clifford Johnson suggested that such prohibition of even taking part in the discussion might limit the individual commissioners from bringing topics to the Commis- sion for discussion. Considerable discussion ensued around the requirement of dis- qualification from discussion of projects. The majority of the members appeared to favor a conflict of interest clause which would suggest that the member disqualify him- self from voting only, but would be permitted to participate in discussion in which he might have particular expertise or have first-hand knowledge of the problem. The fol- lowing clause was proposed: "No member shall use his position on this Commission for finaneial gain for himself or for others. If such gain could reasonably be expected, he shall disqualify himself from voting.!? By a majority vote this clause was added as Section 25. Section 25 being changed to Section 26. There being no more changes to the proposed bylaws, Robert Sandilla moved, James Bentley seconded that the bylaws as proposed be approved. This motion carried unanimously. Minnehaha Coo erative Powers Agreement Bob Sandilla and Don Johnson gave a short report on their attendance at the joint seminar between Metro Council and Minnesota Associate Watershed District held Tuesday, Febru- ary 15, 1972, at the Sheraton Motor Inn. They reported that there seems to be a good deal of conflict between Metro Council, Watershed Districts, municipalities, and the state, as to who is responsible and for what in regards to protection of natural re- sources in the metropolitan area. In various reports of conversations with the staff of Minnehaha Creek Watershed District; it appears they feel Edina would be more committed to the proposal if we had seen money invested in the project, also the Watershed District may not be able to finance studies of this type through their tax levying powers. Considerable discussion was held among the Commission members concerning the role of the Watershed Districts and their budgets, ie, their ability to finance studies such as this on their own. James Bentley moved, and Ronald Hayes seconded that the resolution to the Council giving a favorable recommendation in regards to the Minnehaha Creek Governing Committee and the joint powers agreement be removed from the table. The motion carried unanimously. After a considerable discussion as to the pros and cons of this resolution, Mr. Bentley moved, and Robert Johnson seconded to amend the original motion by providing that "the staff pr-eppre a favorable resolution and possible alternative wordings for consideration by the Environmental Quality Commission to be forwarded to the Village Council recom- mending the Village of Edina enter into the proposed cooperative powers agreement with Minnehaha Creek Governing Committee. This resolution to be prepared for discussion at the next regular meeting." The motion was approved by a majority vote. (-' Edina Environmental Quality Commission Minutes of February 28, 1972 Meeting Page 3 Minnetonka Dis osable Container Meeting Mr. Te fer reported that e had left his notes on the Minnetonka disposable container meeting at home and therefore, would delay this report until the next meeting. Mr. Johnsont _who was also in attendance at this meeting, stated that the persons at this meeting did not appear to be interested in discussing the benefits that were to be gained from the banning of disposable containers, but rather going from the premise that disposable containers should be banned and approaching the problem as how best to accomplish this goal. Bob Sandilla moved, and Clifford Johnson seconded that "a com- mittee be appointed to study disposable containers." Discussion followed in which Bob Johnson suggested that perhaps the study should be expanded to consider all types of solid waste v and not simply nonreturnable bottles and cans. The original motion carried by a majority vote. Discussion followed as to the appointment of this committee. It was the majority opinion that the committee should be appointed after officers were elected. Elections Mr. Telfer suggested that a nominating committee be appointed to select a slate of can- didates for officers for the next meeting. Several of the members voiced the opinion that perhaps elections at large might be more appropriate and that they could be held this evening> By a majority show of hands, it was decided to hold the elections at this meeting with nominations being accepted from the floor. Ballot slips were distributed to all voting members of the Commission. Gary West, acting as moderator, requested nominations from the floor for the office of Chairman of the Environmental Quality Commission. Those nominated were Robert Sandilla, and John Telfer. Clifford Johnson moved, and Ron. Hayes seconded that nominations cease. Secret bUlots were cast with the following tabulation. Robert Sandilla - seven, John Telfer - two. Robert Sandilla, therby, being elected Chairman of the Environmental Quality Commission. Mr. West opened nominations from the floor for Vice-Chairman. Those nominated were John Telfer and Ronald Hayes. Bob Johnson moved, and Bob Sandilla seconded that nom- inations cease. Secret ballots were cast, the results being as follows: John Telfer - four, Ron Hayes - five. Ron Hayes, thereby, being elected as Vice-Chairman to the Environmental Quality Commission. Mr. West then opened nominations for secretary. June Schmidt was nominated. Bob Sandilla moved, and Clifford Johnson seconded that nominations cease. Robert Sandilla moved, and Clifford Johnson seconded the motion that a unanimous ballot be cast for June Schmidt, Secretary - Treasurer. The motion carried unanimously. Mr. Telfer presented a communications, a copy of a letter he had written to Ronald Ringham in receipt of his letter dated February 2, 1972, concerning ileadowbrook Lake area, and the possibility of hiking trails surrounding this lake. There being no further business; Mr. Telfer moved, and Carol Beim seconded that the meeting be adjourned to the showing of the two films on the agenda as part of the program.