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2007-02-08-MINS-CharterMEETING OF THE CHARTER STUDY COMMITTEE, CITY OF PARIS CITY COUNCIL CHAMBER 107 E. KAUFMAN STREET PARIS, TEXAS THURSDAY, FEBRUARY 8, 2007 4:00 0'CLOCK P.M. 1. The Charter Study Committee meeting was called to order by Chairperson, Philip Cecil, at 4:00 o'clock p.m. The following members were present: Philip Cecil, Chairperson Marva Joe Bill Payne Charles Waldrum David Nabors Charles Richards Ozie Battle Louise Hagood Bobby Walters (alternate) The following members were absent: Robert High David House David Hamilton Also, present were Ernie Clark, Interim City Manager; Kent Mcllyar, City Attorney; Janice Ellis, City Clerk; and Monte Akers, legal advisor. 2. Approval of minutes (1-26-2007). Subject to the changes recommended by Charles Richards (see Exhibit "A" attached), David Nabors made a motion to approve the minutes and Charles Waldrum seconded the motion. Motion carried, 8 ayes - 0 nays. 3. Receipt of proposed amendments from Monte Akers. Monte Akers presented the Committee a memo containing all of the Charter Amendment Propositions. 4. Review, discussion and possible action on amendments to the City Charter. After review of the proposed amendments, it was a consensus of the Committee to accept the proposed amendments in Mr. Akers' memo with exception of the following: Charter Study Committee February 8, 2007 Page 2 (7) Section 9- The Committee elected to delete the words "as nearly as practicable." (9) Section 10 - The Committee corrected the word "alley" to "alleys" in two places. (10) Section 11 -"For" and "Against" were added. (13) Section 16 - In the second sentence, the Committee added the word "date" after "uniform election" and changed the word "or" to "of' after "in or about May." (15) Section 16 - David Nabors suggested they delete Proposition 19 pertaining to Section 19 because its language allowing the council to select a temporary presiding officer if both the mayor and mayor pro tem are absent was also added to Proposition 15 pertaining to Section 16. The Committee elected to leave Section 19 alone as written in the Charter. The Committee also elected to change the words "select someone" to "designate a member" as temporary presiding officer in Section 16. (20) Section 22 - Charles Richards proposed alternate wording to clarify that the City Council could terminate the city manager at any time and to guarantee the city manager a public hearing even if the council sought to terminate him in the first six months of his tenure. On page 6, line 1, the word "a" was inserted in place of the word "the"; on line 8 the words "Then, members" was changed just to "Members." Ernie Clark stated that he thought there was a conflict between Section 22 and Section 41. Mr. Clark said Section 22 allows for the Council to designate a properly qualified person to perform the duties of city manager in his absence or should he become disabled, and Section 41 authorizes the manager to designate a qualified administrative officer of the city to perform his duties during his temporary absence or disability. Chairperson Cecil stated that he did not see a conflict, because the sections were talking about two different occurrences. Mr. Akers suggested changing the last sentence in Section 22 to read "During an absence or disability of the city manager, except as provided in Section 41, the council may designate a properly qualified person to perform the duties of the office." Subject to the change proposed by Monte Akers, David Nabors made a motion to approve the amendment to Section 22. Bill Payne seconded the motion. Motion carried, 8 ayes - 0 nays. (22) Section 26 -"For" and "Against" were added. Charter Study Committee February 8, 2007 Page 3 (23) Section 27 - the words "competent and" were deleted and replaced with the word a. (24) Section 27 - the word "an" was deleted and replaced with the words "a duly licensed." (26) Section 28 - the words "competent and" were deleted. (32) Section 29 - It was a consensus of the Committee to approve an alternate version mentioning executive sessions. David Nabors suggested that the section say both the Council and its boards and commissions should abide by the Texas Open Meetings Act. Since some advisory boards are excluded from the act, Monte Akers proposed that the words "and such boards and commission as required by law" be inserted in the first sentence of the new language. Subject to the addition of the proposed change by Monte Akers, David Nabors made a motion to accept the alternate language and Marva Joe seconded the motion. Motion carried, 8 ayes - 0 nays. (41) Section 65 - delete duplicate "that" in the first sentence. (45) Section 75 - the words "any amendments or alterations thereto" were inserted between the words "city" and "may" so that the sentence now reads "All contracts and purchases by the city and any amendments or alterations thereto may be made only in strict compliance with (46) Section 76 - the word "executed" was replaced with the words "accomplished pursuant to." (49) Section 79 David Nabors made a motion to leave the proposed amendment as written and Marva Joe seconded the motion. Motion carried, 8 ayes - 0 nays. (53) Section 96 -"For" and "Against" were added. (54) Section 97 - the word "received" on line three was changed to "receives." (59) Section 110 - the word "electorate" was changed to "voters" in two places. (62) Section 113 - the words "this article" were deleted and replaced with "the Charter." (63) Section 114 - the words "this article of the Charter" were deleted and replaced with "the Charter." Charter Study Committee February 8, 2007 Page 4 (67) Section 135 - the word "state" was deleted. (68) Section 149 - In the expianatory paragraph, "Amendments to this Charter" was changed to "Amendments to the Charter." Ernie Clark informed the Committee he planned to give the Council a copy of the proposed Amendments after their Council meeting on Monday night. Mr. Clark said he planned to get a special meeting called for Thursday, February 15t" and asked that the Committee members attend the meeting. Chairperson Cecil stated that Bobby Walters previously suggested they prepare an outline in preparation for the Committee to educate the public about the proposed amendments. He asked for volunteers. Charles Waldrum and Charles Richards volunteered to do so and invited other Committee members to join them. Monte Akers complimented the Committee on its effectiveness and commitment. Charles Richards reminded the Committee that Marva Joe had recommended they hold town hall meetings throughout the community and expressed it was a good idea. Chairperson Cecil scheduled a meeting for Thursday, March 8 at 4 p.m. to discuss the method of educating the voters. Ernie Clark suggested upon presenting their report to the Council, the committee offer its assistance to the Council in educating the public. Chairperson Cecil commended the job well done by the Committee. 5. Adjournment. There being no further business, the meeting was adjourned at 6:12 p.m. ILIP CECIL, CHAIRPERSON EXHIBIT "A" • MEMO* T0: Charter Review Committee FROM: Janice Ellis, City Clerk SUBJECT: Minutes ofJanuary26, 2007 DATE: February 8, 2007 Charles Richards stopped by my office and recommended that certain sections of the Minutes be changed for clarification purposes. In an effort to save time, I am setting out those recommended changes for your consideration. They are as follows: 1• Page 2- fourth paragraph, first sentence - recommended change: delete the word "adding" and after language, insert the words "for an amendment" With the recommended change, it would read as follows: "Charles Richards proposed language for an amendment to the Charter to include annual training requirements for City Council". 2. Page 3- sixth paragraph, sixth line (Section 22) - recommended change: insert the word "multi-year" between the words "He said if a" and the word "contract" With the recommended change, it would read as follows: "He said if a multi-year contract provision was in the Charter, it would be considered a debt and they would have to allow for a sinking fund." Page 4- first sentence: recommended change: "the" be deleted and "a" be inserted. He also requested the words "proposed by Chairperson Cecil" be deleted and the words "to delete a time limit" be inserted. With the recommended change, it would read as follows: "Mrs. Battle made a motion to accept a recommendation to delete a time limit and Marva Joe seconded the motion". 4. Page 5(Section 62): recommended change: that beginning with the word " ou" through the end of the paragraph be deleted and that "only people owing pro ertcould vote" be inserted. With the recommended change, it would read as foll wsy "Charles Richards suggested deleting the words "property taxpaying, "because it imphes only people owning property could vote." 5• Page 6(Section 134): recommended change; beginning with the words "said he agreed with" through the remainder of the paragraph be deleted and "suggested changing the six months reference in that language, because that only applies to an elected official" be inserted. With the recommended change, it would read as follows: "Monte Akers suggested changing the six months reference in that language, because that only applies to an elected official." .