HomeMy Public PortalAboutCharter Review Committee Minutes 06-27-2012 Charter Review Commission Minutes
June 27, 2012
Community Board Room
Members Present:
Chairman Bill Agan
Secretary/Vice Chair Jeff Ritter
Member Loyce Greer
Member Janece Hill
Member Doug Knowlton
Member LaRue Wall
City Attorney Betsy Elam
Audience Present:
Jeremy Hill
Travis Malone
Beverly Williams
Michaela Williams
Chairman Agan called the meeting to order at 7:06PM
1. Read and Approve minutes from last meeting
�-� (June 20, 2012)
Member Wall motioned to approve the minutes from the June 20, 2012 meeting.
Member Hill seconded.
The motion was approved by unanimous vote.
2. Review City Charter.
Chairman Agan indicated he would not be available on July 18 and 25.
Member Knowlton indicated he would not be available August 8 and 15.
The Committee agreed to meet on Wednesday July 11 and decide on that date if Vice
Chairman Ritter would conduct the meetings on July 18 and 25 or if the Commission
would not meet on those dates.
Section 10.02-Power and Ordinance to Grant Franchise
Attorney Elam indicated that there was traditional language to be placed in this Article to
strengthen the City's position in negotiating a franchise agreement. Attorney Elam
indicated she would E-Mail the language to Secretary Ritter.
Section 10.08-Mineral, Gas and Oil Rights and Revenues
Attorney Elam stated that provision (3) could be problematic, especially in the event of
an emergency or necessity and recommended deleting the provision.
r
Section 11.01 —Assignment, Execution and Garnishment
Attorney Elam recommended keeping the original language as in the current Charter.
Section 11.03 —Notice of Claim
Attorney Elam recommended keeping the original language as in the current Charter and
either removing the time limit or extending it to 180 days.
Section 11.04—Power to Settle Claim
Attorney Elam indicated that this section was completely unnecessary and recommended
its removal.
Section 11.05—Service of Process Against the City
Attorney Elam indicated that this section was unnecessary and recommended its removal.
Section 11.06—Judicial Notice
Attorney Elam recommended keeping the original language as is in the current Charter.
Section 11.07—Pending Matters
Attorney Elam stated that this section was not needed and recommended its removal.
Section 11.08—Property Not Exempt From Special Assessments
Attorney Elam stated that this provision would remove the ability of the City Council to
institute tax changes for special situations such as senior tax discounts, homesteads, and
similar special assessments and recommended not to include this section.
Section 11.10—Disaster Clause
Attorney Elam stated that this was a clever and possibly important clause and
recommended this section be included in the Charter.
Section 11.11 —Severability of Portions of Charter
Attorney Elam indicated that there was specific language that should be included in this
section and that she would E-Mail the language to Secretary Ritter for inclusion.
Section 12.01 —Official Newspaper
Attorney Elam recommended keeping the original language as is in the current Charter.
Section 12.02—Political and Religious Discrimination
Attorney Elam indicated that this section may be unconstitutional. She stated she would
research the language and submit a recommendation to the Commission for inclusion in
the Charter if appropriate.
Section 12.03 —Pools, Ponds, and Lakes
Attorney Elam stated that this section was good, however it should be in the General
Powers sections rather than be included here.
ARTICLE XIII—CITY CHARTER
Attorney Elam stated that this section would be determined by the City Council and that
there was no need for her to review the section at this time until decided upon by the City
Council.
Attorney Elam stated that she was finished with her legal review of the proposed Charter
and that the Commission should now go back and review the proposed Charter again
considering any recommended language, additions and deletions and begin to create a
final draft for consideration and presentation to the City Council.
Secretary Ritter asked if the Commission would have an opportunity to meet with her or
ask any questions at a later time. Attorney Elam indicated that it would be appropriate
for the Commission to meet again if needed.
Chairman Agan recessed the meeting at 8:14PM to allow Attorney Elam to exit the
meeting and for a restroom break.
Secretary Ritter stopped the audio recorder at 8:14PM.
Chairman Agan resumed the meeting at 8:16PM.
Secretary Ritter re-started the audio recorder at 8:16PM.
3. Assignment for Next Meeting
The next meeting is scheduled for WEDNESDAY July 11, 2012 for the Commission to
continue reviewing the Charter..
4. Public Comments
Beverly Williams— Stated that she encourages other Boards and Commissions to attend
the Charter Review Commission to see how well-run and friendly the Commission
operates.
5. Adjournment
Member Greer motioned to adjourn.
Member Wall seconded.
Chairman Agan adjourned the meeting at 8:18 PM.
A
Jeff Ritter-Secretar Bill Agan-Chairman 'C�`�