2019-03-27 CHARTER REVIEW COMMISSION MEETING MINUTES2019 CHARTER REVIEW COMMISSION
MINUTES OF MEETING
MARCH 27, 2019
Call to Order:
The meeting was called to order at 6:15 pm
Roll Call
Commissioners
City Staff
Mr. Paul Eskine
Lawrence G. Provins
Mr. Gerald L. Koza, Jr
Katie A. Leininger
Mrs. Ruby Lee Sandars
Mr. E. Craig Slater - Chair
Mr. Michael Wills, III
III. Consideration and Possible Action:
Discussion and Review of Charter and Proposed
Amendments
a. Section 6.01. -General power.
b. Section 6.02. - Scope of recall.
c. Section 6.03. - Petition for recall.
d. Section 6.04. - Form of recall petition.
e. Section 6.05. - Various papers constituting petition.
f. Section 6.06. - Presentation of petition to city council.
The Commission discussed whether the reference to 5 days is calendar days or
business days. The Commission discussed how 5 calendar days might not be a
sufficient amount of time to certify or verify a petition, especially if a petition is
submitted on the day before a holiday. The Commission asked for staff to
research options on how to amend the Charter to reduce confusion.
g. Section 6.07. - Public hearing to be held.
The Commission discussed whetherthe reference to 5 days is calendar days or
business days. The Commission asked for staff to research options on how to
amend the Charterto reduce confusion.
h. Section 6.08. - Election to be called.
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i. Section 6.09. - Ballots in recall election.
j. Section 6.10. - Result of recall election.
k. Section 6.11. - Recall, restrictions thereon.
I. Section 6.12. - Reserved.
m. Section 6.13. - Initiative.
n. Section 6.14. -Referendum.
o. Section 6.15. - Voluntary submission of legislation by the council.
p. Section 6.16. - Form of ballots.
q. Section 6.17. - Publication of proposed and referred ordinances.
The Commission asked whetherthe publication requirement should be changed to
reflect the proposed publication requirement in Section 3.10. The Commission
asked for staff to research this issue further to determine if the publication
requirement can be changed to online publication on the City's website or whether
a state law requires a different publication requirement.
r. Section 6.18.-
Adoption of ordinances.
s. Section 6.19.-
Inconsistent ordinances.
t. Section 6.20.
-Ordinances passed by popular vote, repeal or amendment.
u. Section 6.21.
- Further regulation by city council.
v. Section 6.22.
- Franchise ordinances.
w. Section 7.01.-
Planning and zoning commission.
The Commission inquired about the powers and duties of the P&Z in relation to
(d)(4) pertaining to the plans for the clearance and rebuilding of slum districts
and blighted areas. Staff advised that although the P&Z has this ability, the
Pearland 20/20 Strategic Plan and creation of a Safe Neighborhoods Around
Pearland (SNAP) Committee are addressing this issue and that the City has made
progress in removing substandard buildings.
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x. Section 7.02. - Reserved.
y. Section 7.03. - Platting of property.
z. Section 7.04. - Development of property.
aa. Section 8.01. - Fiscal year.
bb. Section 8.02. - Preparation and submission of budget.
Staff proposed making changes to this section to comply with State Law. As it
stands, the timeline to submit a budget in accordance with the Charter is earlier
than that required by State law. Pursuant to the applicable state laws in
Chapter 102 of the Local Gov't Code and Chapter 26 of the Tax Code, the City
has 60 days to adopt a tax rate after the counties provide a certified appraisal
role, which is due by July 25. The City has 30 days to submit a proposed budget
prior to the adoption of the tax rate. These provisions of state law would have
the budge be submitted in mid-August. The Charter requires a proposed budget
be submitted sometime between July 3 (90 days prior to the start of the fiscal
year and impossible because the City doesn't have certified appraisal roles from
the counties yet) and August 3, which is less than a week after it obtains the
certified appraisal roles. Additionally, the State legislature has made tax rates,
which affect the adoption of the budget, a priority and changes are expected.
The City wants to insure that the Charter provides the City flexibility to comply
with State law and that it does not create conflicts or artificial barriers. By a
vote of 5-0, the Commission recommended changing 8.02 to "The City Manager
shall submit to the council a proposed budget in accordance with State Law."
cc. Section 8.03. -Anticipated revenues compared with other years in budget.
dd. Section 8.04. - Proposed expenditures compared with other years.
ee. Section 8.05. - Budget a public record.
ff. Section 8.06. - Notice of public hearing on budget.
gg. Section 8.07. - Public hearing of budget.
hh. Section 8.08. - Amendment before adoption.
ii. Section 8.09. - Vote required for adoption.
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jj. Section 8.10. - Date of final adoption.
kk. Section 8.11. -Effective date of budget; certification; public availability.
II. Section 8.12.- Budget established appropriations.
mm. Section 8.13. - Budget established amount to be raised by property tax.
nn. Section 8.14. -Contingent appropriation.
oo. Section 8.15. - Estimated expenditures shall not exceed estimated resources.
pp. Section 8.16. - Emergency appropriations.
qq. Section 8.17. - Purchase procedure.
rr. Section 8.18. - Disbursement of funds.
ss. Section 8.19. - Power to tax.
tt. Section 8.20.- Property subject to tax; rendition, appraisal and assessment.
uu. Section 8.21. -Taxes, when due and payable.
vv. Section 8.22. -Tax liens.
ww. Section 8.23. -Tax remission and discounts.
xx. Section 8.24. - Issuance of bonds.
IV. Future Business
The Commission agreed to review Articles 9 and 10 at the next meeting.
The Commission agreed to meet again on April 10, 2019 and April 24, 2019.
V. Adjournment
The meeting was adjourned at 7:37 pm.
Minutes approved as submitte and/or corrected on /14 ZZ, 2019.
E. C i air
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