Zenović: There is no basis for charging for last year based on records that someone used a public area

The President of the Municipality of Budva, Nikola Jovanović, said that the untimely actions of the Ministry of Spatial Planning and the Ministry of Tourism have slowed down the process, thus preventing the adoption of the Temporary Facilities Program for the period 2024-2028.

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From the session, Photo: Vuk Lajović
From the session, Photo: Vuk Lajović
Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate.

By a majority vote, the Municipal Assembly (MA) of Budva today adopted a Decision on granting consent to extend the lease of locations for the installation of temporary facilities for 2024 and 2025, which allows the legalization of the operation of numerous temporary facilities and catering terraces within and around the Old Town, as well as along the promenades in all coastal towns, but also on municipal land in the hinterland of the beaches.

This decision was voted for by councilors from "Budva Our City - Nikola Jovanović", the European Union, the Civic Movement URA, and the Democratic Party of Socialists (DPS).

Councilors from Democratic Montenegro, the Europe Now Movement (PES) and the Movement for the City were against it, while councilors from New Serbian Democracy (NSD), the Democratic People's Party (DNP), the Socialist People's Party (SNP) and Nova Budva walked out of the assembly hall.

The decision was questioned by councilor Đorđe Zenović (Movement for the City), who pointed out that it is questionable to retroactively charge rent for 2024.

As he said, there is no legal basis to make a payment for last year based on the records of the Municipal Police and the Municipal Inspection that someone used a public area.

"The Mayor should omit the year 2024 from the decision, and instead have the decision state that consent is given to the extension of the contract for this year," said Zenović.

The President of the Municipality of Budva, Nikola Jovanović, said that the untimely actions of the Ministry of Spatial Planning and the Ministry of Tourism have slowed down the process, thus preventing the adoption of the Temporary Facilities Program for the period 2024-2028.

He pointed out that the Municipality of Budva had submitted to government departments first the draft program, and then the program proposal, in a timely manner, and accused them of politically obstructing the adoption of that planning document.

"What is symptomatic to me is that the Minister of Tourism knows the area of ​​a facility at one location in Jaz. It is completely clear to me that insider information came from the local NSD, which was included in the comments of the Ministry of Tourism, so that the Program would not be adopted," said Jovanović, stating that the Municipality, on the other hand, is more than fair to the Government, and that the public knows that business premises have been ceded to numerous state institutions.

He emphasized that if someone is moral, then they will pay all their debts.

"We all know that the temporary locations were kept in 2024 and that profits were made on that basis, and I don't see any problem with the fact that due to the Government's inaction, what is owed to the Municipality is not being collected now. There is no retroactive application, there is a voluntary tenant relationship. In communication with the tenants, no one has raised any issues with this. This administration works responsibly, legally and honestly," said Jovanović.

Zenović replied that he spoke legally and argued, while Jovanović experienced everything personally.

"If you had referred to the Law on Obligations, there would have been no problem, but to the Law on State Property. My intention is not to not collect, but if it is our Municipality's fault, then no one should suffer. If someone initiates proceedings, they will have to go to court," he stressed.

Živana Mudreša (URA) assessed that the coastal zone is completely disorganized, the beaches are unsafe and unkempt.

She pointed out that the Municipality of Budva did everything to ensure that the season went smoothly, despite the government threatening Budva's tourism industry.

Željko Franeta (Democratic Montenegro) stressed that there is no legal basis to extend the Temporary Facilities Program, which expired in 2023.

"The new Temporary Facilities Program has not been adopted, and therefore concluding the annexes for last and this year is legally impossible. Now, due to the summer season, the Municipal Assembly is annexing contracts for last and this year, which is legally impossible, because it is trying to legalize something illegal. You are passing the hot potato to the parliament and taking on the responsibility that should be borne by the incompetent local administration. The annexes should have been concluded immediately at the beginning of 2024, because the new Temporary Facilities Program was not adopted, but none of that has been done," said Franeta, adding that the only solution is for the local administration to start drafting the Program for the period 2025-2029.

Jovanović responded that the Municipal Police and the Municipal Inspection have made records for both last year and this year, and that the local administration itself is not doing anything outside the law.

"The Municipality is not doing anything different than what the Government of Montenegro has done. I do not see a single lawsuit against the Government. It is legally based, there is no retroactive, but voluntary consent of the tenants. I do not have a third solution for this, because we do not want any rampant activity in the area and illegal business, we want to collect revenues. We are introducing an irregular situation into a regular one, we want to give the economy the opportunity to function," Jovanović pointed out.

Previously, the Decision on determining the monthly financial compensation for the lease of business premises necessary for the work of political parties and groups of voters participating in the work of the Budva Municipal Assembly and funds for financing employees in councilors' clubs was adopted by a majority vote.

"The amount of the monthly fee is set at 750 euros per beneficiary (political party and group of voters), with an additional 75 euros per councilor, political party or group of voters to which the councilor belonged at the time of the constitution of the assembly," the decision states.

The decision also stipulates that each councilor's club participating in the local parliament is entitled to an amount of 500 euros for financing employees.

The councilors today also adopted a decision according to which future councilors will receive a monthly salary of 300 euros, instead of the previous 500.

Željko Franeta's proposal to withdraw the decision on increasing councilors' compensation from the agenda was not accepted, believing that many councilors are not doing their job, not coming to meetings, or not discussing.

"I think it is wrong to make a decision, because there are a large number of councilors who are not doing their job, not coming to sessions or not reporting. These sessions have turned into water polo matches where they just raise their hands," said Franeta.

Predrag Džiknić (SNP) stated that the councilor's fee, which should be one thousand euros, should be received by professional councilors, and that councilors who are employed in the Municipality or other municipal enterprises should waive the fee.

Municipal Assembly President Petar Odžić said that defendants cannot be divided into professional and non-professional, and that such a request requires a change to the existing law, the amendment of which they can instigate because they have a majority at the state level.

At the beginning of the session, Zenović accused Odžić of violating the Rules of Procedure when scheduling an emergency session.

"The session scheduled for June 25th was supposed to be held and I insisted that the president of the municipal council hold a collegium, at which we were all supposed to express our views. Although I addressed him, you did not find it appropriate to respond. Then you postponed the session on June 24th, under the pretext that the approval for the Temporary Facilities Program had not been received, even though the reason for scheduling the emergency session was the municipal development strategy and action plans. You have the majority and can do whatever you want, but that is not right," Zenović emphasized as Odžić interrupted him while he was speaking.

Odžić explained that he told the representatives of political parties at the collegium that they were awaiting approval for the Temporary Facilities Program.

"Then I said that I would postpone the session if we did not receive consent, and then I received praise from you. I don't see the point of the collegium when you don't listen to what is being said there," Odžić replied to Zenović.

Before they left the session, Ilija Gigović (Nova Budva) called on the Special State Prosecutor's Office to seize all documentation that Nikola Jovanović signed from December 2 last year until the election for mayor in early February.

He said that the Administrative Court confirmed that Jasna Dokić was illegally dismissed on December 2, 2024, shamelessly thrown out of her office, and that he wants the Special Prosecutor's Office to investigate everything, "because that is exactly what led to the formation of this government."

Jovana Todorović (DNP) addressed DPS leader and councilor Milan Tičić, stating that he is the true president of the Municipality.

"Mr. Tičić, what are you going to do with the illegal temporary facilities, which are full of the promenade and you also have one near the Municipality? Mayor of the Municipality, Tičić, in the budget rebalance, will you encourage NASA to come to Budva to train the people of Stari Grad to get to their houses? Another question for the Mayor of the Municipality, since Marija Jovanović has been appointed director of the Municipal Department, what will she do with the illegal landfill in Brajići?" Todorović asked.

After that, the councilors of "For the Future of Budva" left the assembly session.

Odžić responded that the greatest chaos is occurring in the coastal zone, accusing it of being overrun with illegal temporary structures.

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