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Home My WebLink About09-11-12 Citizen's Charter Review Advisory CommissionCHUCK HARRINGTON Chair DAVID BRADY Vice Chair NOLAN ALLEN TIM COWART PAUL FEAZELLE MARK FOLLIS NANCY LOTZE NANCY OJEDA STAN SHERWOOD CITY OF LA PORTE CITIZENS' CHARTER REVIEW ADVISORY COMMISSION MEETING MINUTES OF SEPTEMBER 11, 2012 The Citizens' Charter Review Advisory Commission met on September 11, 2012, at 6:00 p.m. in the La Porte City Hall Council Conference Room, 604 West Fairmont Parkway, La Porte, Texas, to consider the following items of business: Call to Order and Roll Call Chairman Chuck Harrington called the meeting to order at 6:04 p.m. Commissioners present were: David Brady, Tim Cowart, Mark Follis, Nancy Lotze and Stan Sherwood. Commissioners Nolan Allen and Paul Feazelle arrived at 6:07 p.m. and 6:14 p.m., respectively. Absent: Nancy Ojeda. Staff present: Patrice Fogarty and Clark Askins. 2. Approval of minutes of Commission meeting on August 22, 2012. Commissioner Lotz moved to approve minutes of the Commission meeting on August 22, 2012. Commissioner Brady seconded. MOTION PASSED UNANIMOUSLY. Commissioners Nolan Allen and Paul Feazelle arrived at 6:07 p.m. and 6:14 p.m., respectively. 3. Discussion/action regarding review of the City of La Porte Charter. The Commission began examination of Article II. Article II. City Council 2.02 Qualifications. (a) Enumerated — Propose adding a 12-month residency requirement for a district council person to be a qualified voter of their district for 12 months at the time of filing for office and continuously during their term of office. NOTE: A 12-month residency requirement as proposed under §2.04(c)(1) may also affect §2.02(a). Section 2.02 addresses, in general, the qualifications of candidates for council; whereas Section 2.04 addresses vacancies on council and qualifications of those candidates. A suggested revision of 2.02(a) may be as follows: 2.02(a) Qualifications. (a) Enumerated — In addition to suggesting a 12-month residency requirement, it is also suggested to remove the use of the language "resident electors," and substitute the language "qualified voter(s)." To that end, the first sentence would read, "The mayor and Councilpersons shall be gualfed voters of the city for at least 12 months at the time of filing for office, and continuously during their terms of office." 2.08 Duties of mayor — Propose a re -title to Duties of Mayor and Mayor Pro Tem. Make no change to the first paragraph. Propose adding a paragraph regarding the mayor pro tem as follows: "A mayor pro tem shall be a council member and be elected by the council at the first meeting of council after canvassing the -general and any run-off election, who shall serve for a one-year term or until his successor is appointed and has qualified. If a vacancy occurs in the office of mayor or in the case of his absence or disability, the mayor Citizens' Charter Review Advisory Commission Minutes of September 11, 2012 Meeting pro tern shall act as mayor until a successor is elected and has qualified or until the mayor is amain able to assume the duties of office." 2.09(f) Powers of council. No proposed change. 2.09(g) Powers of council. Propose adding the words "and zoning"; remove "of slum districts." g. Adopt, modify and carry out plans proposed by the planning and zoning commission for the clearance of slum diStFu and rehabilitation of blighted areas. 2.09(h), (i), and Q) Powers of council. Propose no changes except add "and zoning" to 2.09(h). Clark Askins will research the reference of a board of equalization under 2.090). 2.09(k) Powers of Council. Patrice Fogarty discussed this section with Finance Director Michael Dolby. He may want to propose a change and will provide, if any, the week of September 24, 2012. 2.10(a) Additional discretionary powers. Public Library. Patrice Fogarty discussed this section with Finance Director Michael Dolby, who recommended review by Parks and Recreation Director Stephen Barr. Patrice had not heard back from Mr. Barr at the time of the formulation of these minutes. 2.10(b) Additional discretionary powers. Hospital. No proposed change. 2.10(c) Additional discretionary powers. Zoning. Commission proposed we may want to add "and planning" where indicated under 2. 1 0(c)(2)(a) and (a)(1). 2.10(c)(3) Additional discretionary powers. Generally. Propose updating to reference the Local Government Code. 2.10(d) Additional discretionary powers. Housing authority. No proposed change. 2.11(a)(1) Ordinances. Passage. Procedure. Propose cleanup citing the Local Government Code. In the last sentence of 2.11(a)(1), propose cleanup language by removing "in the minutes of journal..." and substituting "in the official minutes..." That sentence would then read: "It shall only be necessary to record the caption or title of ordinances in the official minutes of council meetings." 2.11(a)(2) Ordinances. Codifications. No proposed change. 2.11(b) Additional Ordinances. The Commission requested the city secretary look at other charters to determine what is being done under this type of section. Research indicates other charters (Webster, Huntsville, Santa Fe, Friendswood, Pearland) discuss ordinances and also emergency ordinances. They do not have a section titled "Additional Ordinances." 2.11(c) Enacting clause. No proposed change. The Commission began examination of Article Ill. Article 111. Administration 3.01 City manager. 3.01(a) Appointment and qualifications. No proposed changes. 3.01(b) Term and salary. No proposed changes. Citizens' Charter Review Advisory Commission Minutes of September 11, 2012 Meeting 3.01(c)(1-6) Duties. No proposed changes. 3.01(d) Provisions for absence. No proposed changes. 3.02 Administrative departments. 3.02(a) Creation. No proposed changes except add Planning as a department. 3.02(b) Consolidation. No proposed changes. 3.02(c) Directors. No proposed changes. 3.02(d) Divisions. Propose the following change: The work of each administrative department may be distributed among such divisions 3.03 City secretary. Propose change in first sentence by deleting "With ..." and substituting "City council shall appoint..." Propose adding an additional sentence: The city secretary shall be provided an office in the City Hall sufficient to maintain the records entrusted to the care of the city secretary, and shall be entitled to a seat at the council table at all official meetings. 3.03(a) and (b) No proposed changes. Propose adding a new paragraph c: Be the custodian of all municipal records. Recommend to the council rules and regulations to be adopted by ordinances to protect the safety and security of all municipal records. Propose adding a new paragraph d: Hold and maintain the City Seal and affix to all instruments requiring such seal. Propose adding a new paragraph e: Administer oaths in any matter pertaining to municipal affairs and in accordance with state law. Propose adding a new paragraph f: The council shall set the compensation of the city secretary. Propose adding a new paragraph g: Perform any and all other acts and duties as may be provided in this Charter and state law. 3.04 Municipal Court. Sections (a), (b), (c) No proposed changes. 3.04(d) Court clerk. Propose looking at other Charters regarding appointing court clerk. 3.04(e) Costs and tines. Propose amending to read: All costs and fines imposed by the municipal court, or any court in cases appealed from its judgments, less those designated for the state shall be paid into the city treasury for the use and benefit of the city. 3.05 City attorney. Propose amending the second paragraph to read: The city attorney, or other attorneys selected by him with the approval of council, shall represent the city in all litigation, provided that council may retain special counsel. He shall be the legal advisor of, and attorney and counsel for, the city and all offices and departments thereof. At the next meeting, review will begin at 4.01 Preparation and submission of budget. 4. Discussion/action regarding setting next meeting date. The next meeting will be on September 25, 2012, at 6:00 p.m., in the council conference room. Citizens' Charter Review Advisory Commission Minutes of September 11, 2012 Meeting 5. Commission Comments — Matters appearing on agenda; Recognition of community members, city employees, and upcoming events; Inquiry of staff regarding speck factual information or existing policy. There were no additional comments from Commission members. 6. Adjourn There being no further business, Commissioner Nolan moved to adjourn the meeting at 8:07 p.m. Commissioner Sherwood seconded. MOTION PASSED UNANIMOUSLY. Patrice F Ily submitted, aggrovWon Septer 25, 2012. '9 huck Harrington, Citizens' Charter Review Advisory Commission Minutes of September 11, 2012 Meeting