2019-04-10 CHARTER REVIEW COMMISSION MEETING MINUTES2019 CHARTER REVIEW COMMISSION
MINUTES OF MEETING
APRIL 10, 2019
Call to Order:
The meeting was called to order at 6:10 pm
Roll Call
Commissioners
City Staff
Mr. Paul Eskine
Lawrence G. Provins
Mr. Gerald L. Koza, Jr
Katie A. Leminger
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 6.06. Presentation of petition to city council.
At the last meeting, the Commission asked for additional information regarding
how best to clarify the 5 -day requirement of this section. Upon discussion with
staff from the requirements to certify a petition, it was determined that five
calendar days was not sufficient, especially if a petition were submitted on the
day before a holiday or weekend. By a vote of 5-0, the Commission proposes
recommending this section be changed from five days to ten business days.
b. Section 6.07. Public hearing to be held,
At the last meeting, the Commission discussed whether the five day
requirement in this section needed to be changed to reflect any proposed
changes to Section 6.06. After discussing this section further, the Commission
determined that the requirement to request a hearing is simple enough that it
can be accomplished within five calendar days; therefore, the Commission has
no proposed changes for this section.
c. Section 3.10. Procedures for passing of ordinances or resolutions.
In prior meetings, the Commission discussed making a proposed changes to the
newspaper publication requirements to accommodate any proposed changes in
state law regarding publications. At the time, it was thought that the State
might allow for publication by posting on a City and/or State website. After
receiving an update by city staff regarding the status of proposed legislation
pertaining to publication requirements in the current state legislative session
and reviewing the current requirements in Chapter 52 of the Local Gov't Code
and Chapter 2051 of the Government Code, by a vote of 5-0 the Commission
decided to not make any changes to this section of the Charter. The issues
pertaining to publication run throughout the Charter and the Commission
agreed the same analysis will apply to all other sections of the Charter where
publication of ordinances are discussed, including Sections 6.17, 8.06, 9.04,
10.03 and 10.15.
d. Section 9.01. — Powers of the city. No issues identified.
e. Section 9.02.— Power to grant franchise. No issues identified.
f. Section 9.03. — Grant not to be exclusive. No issues identified.
g. Section 9.04.—Ordinances granting franchise. No issues identified.
h. Section 9.05.—Transfer of franchise. No issues identified.
i. Section 9.06.—Franchise value not be allowed. No issues identified.
j. Section 9.07. — Right of regulation. No issues identified.
k. Section 9.08.—Regulation of rates. No issues identified.
I. Section 9.09. —Municipally owned utilities. No issues identified.
m. Section 9.10.—Sales of municipal services. No issues identified.
n. Section 10.01. Oficial oath. No issues identified.
o. Section 10.02—Public records.
The Commission discussed whether the "reasonable time' language in this
section should be changed to "during regular business hours' and after
receiving additional information about the Public Information Act requirements
determined that no changes to this section would be proposed.
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p. Section 10.03 —Official newspaper. No issues identified.
q. Section 10.04. — Notice of claim. No issues identified.
r. Section 10.05. — Provision relating to assignment, execution and garnishment.
No issues identified.
s. Section 10.06. — City not required to give security or execute bond. No issues
identified.
t. Section 10.07. — Personal interest in city contract. No issues identified.
u. Section 10.08. - Nepotism. No issues identified.
v. Section 10.10. — Effect of charter on existing law. No issues identified.
w. Section 10.12.— Applicability of general laws. No issues identified.
x. Section 10.13. —Amending the charter. No issues identified.
y. Section 10.14. —Separability clause. No issues identified.
z. Section 10.15.—Charter review commission.
The Commission discussed the merits of increasing the size of the Charter Review
Commission to mirror the size of City Council, the benefits of which included
allowing each councilmember an appointment on the Commission to allow forequal
representation and making it easier to find someone to serve and easier for a citizen
to serve if requested. The Commission discussed increasing the size of future
Commissions to seven people but then suggested any future changes to the size of
City Council would then prompt additional changes to the size of the Commission;
therefor, the best change would be to have it reflect the number of council member
positions. By a vote of 5-0, the Commission decided to recommend increasing the
size of the Charter Review Commission from five citizens to an equal number of
councilmember positions.
IV. Future Business
The Commission agreed to meet again on April 24, 2019 to review their proposed changes and
to discuss drafting their final report.
V. Adjournment
The meeting was adjourned at 7:03 pm.
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Minutes approved ass. : ' -,.and/or corrected ono ZZ , 2019.
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