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HomeMy WebLinkAboutCRC Minutes 2021-10-28 RegularMINUTES OF THE REGULAR MEETING OF THE CHARTER REVIEW COMMISSION OCTOBER 28, 2021 THE CHARTER REVIEW COMMISSION OF THE CITY OF FRIENDS WOOD MET IN A REGULAR MEETING ON THURSDAY, OCTOBER 28, 2021, AT 5:32 P.M., IN THE SECOND FLOOR (CMO) CONFERENCE ROOM, CITY HALL, LOCATED AT 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, Robin Hall Chairperson James H. Nye Vice Chairperson Kitten Brizendine Commissioner Bill Provenzano Commissioner Ron Cox Commissioner Judy Wiggins Commissioner Dave Smith Conmlissioner 1. CALL TO ORllER Chairperson Robin Hall called the meeting to order with a quorum present at 5:32 P.M.; all members were present with the exception of Vice Chairperson James H. Nye and Commissioner Bill Provenzano who were absent. Others in attendance were City Manager Morad Kabiri, City Attorney Mary Kay Fischer, and Deputy City Secretary Renee Kross, 2. MINUTES A. Consider approving the minutes of the Charter Review Commission Meeting held on October 14, 2021. Chairperson I-Iall presented the item and asked if anyone had any comments, and/or edits to the draft meeting minutes. Conunissioner Cox made a motion to approve the minutes. The motion was seconded by Commissioner Smith. The vote was the following: Ayes: Chairperson Robin Hall, Commissioner Dave Smith, Commissioner Ron Cox, Conunissioner Judy Wiggins, and Conunissioner Kitten Brizendine. Nays: None Other: Vice Chairperson James H. Nye (absent) and Commissioner Bill Provenzano (absent) The item passed unanimously. Charter Review Commission Meeting Minutes October 28, 2021 Page 2 of 6 3. BUSINESS ITEM A. Discuss and take possible action on possible charter amendments. The Commission then briefly discussed the Sections assigned for the October 28°i meeting. Sections 8.04 through 9.13 were covered. Throughout each section, questions were asked of staff present for clarifications and thoughts. The Commission made the following observations in regard to the following Sections: • Section 8.04, Amendments after adoption. o No reconunended changes. • Section 8.05, Borrowing for capital improvements. o The Connnission discussed this item and requested that staff run their recommendation of amending the language to comply with state law by the bond counsel. o The Commission agreed that section (f) needs to be clarified and would like for the please "conformity with the laws of the State of Texas" to be used throughout the Charter to be more uniform. • Section 8.06, Lapse of appropriations. o No recommended changes. • Section 8.07, Administration of budget. o The Connnission discussed this item briefly and decided that the words "are" and "will" should have a comma after each word in this sentence: No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the City Manager or his/her designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriations and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. o The Commission agreed to keep a copy of the results of the audit in the library as stated in the current charter. • Section 8.08, Purchasing. o No recommended changes. Charter Review Commission Meeting Minutes October 28, 2021 Page 3 of 6 • Section 9.01, Powers of the City. o No recommended changes. • Section 9.02, Power to grant fianchise, o No reconuneuded changes. • Section 9.03, Ordinance granting franchise. o No reconuuended changes. • Section 9.04, Grant not to be exclusive. o No reconunended changes. • Section 9.06, Franchise value not to be allowed. o No reconunended changes. • Section 9.07, Right of regulation. o No recommended changes. • Section 9.08, Extensions. o No reconuuended changes. • Section 9.09, Regulation of rates. o No reconmzended changes. • Section 9.10, Public service corporations to file annual reports. o The Conunission discussed this item and decided that the language should be changed from the use of the word "shall" to the word "may" and that it should have language referencing back to corporation's contract. • Section 9.11, Accounts of municipally owned utilities. o No recommended changes. Charter Review Commission Meeting Minates October 28, 2021 Page 4 of 6 • Section 9.12, Sales of municipal services. o No reconnnended changes. • Section 9.13, Franchise records. o No reconnnended changes. The Commission continued to review Sections 10.01through 10.05 and Sections 11.01 through 11,10, • Sections 10.01—10.05, Reserved. o The Commission discussed this item and proposed a language change to include the following statement: The Council shall at a minimum designate a public newspaper biannually. o The Commission also suggested that the procedure be reviewed at each change of council. • Section 11.01, Public records. o No reconmiended changes. • Section 11.02, City newspaper. o No reconnnended changes. • Section 11.03, Personal financial interest. o No recommended changes. • Section 11.04, Nepotism. o No reconnnended changes. • Section 11.05, Assigimnent, execution, and garnislnnent. o No reconnnended changes. • Section 11.06, Security or bond not required. o No recommended changes. • Section 11.07, Separability clause. o No recommended changes. Charter Review Commission Meeting Minutes October 28, 2021 Page 5 of 6 • Section 11.08, Amending the Charter. o No recommended changes. • Section 11.09, Charter Review Conmiission. o No recommended changes. • Section 11.10, Submission of Charter to voters. o The Conmlission reviewed this item and suggested to add the word "original" in front of the word "charter" in this section. The Commission briefly revisited Sections placed in the pm•king lot during the prior meeting. Section 3.11, Ordinances in general. o This item was reviewed, and the Commission requested that the City Attorney provide the last ten ordinances that have been brought before Council to get an understanding of how many are for zoning cases. There were no changes reconnnended. Section 5.12, Failure of Council to call an election. o This item was discussed, and the Commission would like to know if Resolution No. R3-82 was passed to replace Section 5.13 with Section 5.12; however, there were no changes recommended. • Section 5.13, Failure to call an election on recall. o This item was discussed, and the Connnission would like to know if Resolution No. R3-82 was passed to replace Section 5.13 with Section 5.12; however, there were no changes reconnnended. Overall, no formal action taken on all these Sections covered. The Commission would like to revisit these suggestions later and ratenk them. 4. CLOSING BUSINESS AND NEXT MEETING A. Consider setting any tasks, and/or processes, for the next regularly scheduled Charter Review Commission meeting scheduled for Thursday, November 18, 2021. No formal action was taken. ADJOURNMENT With there being no further business to discuss, Chairperson Hall adjourned the October 28, 2021, Charter Review Commission Meeting at 7:30 P.M. Charter Review Commission Meeting Minutes October 28, 2021 Page 6 of 6 A&UQ Robin H411, Chairperson