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Min CC 09/04/2007 - Workshop CIBOLO CITY COUNCIL WORKSHOP 200 South Main, Cibolo, Texas 78108 September 4, 2007 Immediately following the Public Hearing MINUTES 1. Call to Order—Workshop was called to order by Mayor Hartman at 7:07 p.m. 2. Roll Call Mayor Hartman Councilman Royal Councilman Krasnai Councilman Owens Councilman Winn Councilwoman Davis Councilman Hicks Councilman Hetzel 3. Workshop to discuss the Charter Review Committee's Comprehensive Summary and Charter Amendments. Councilman Winn stated that he had worked very hard going over the agenda's and minutes of the Charter review Committee. He read into the record the attached document. Council discussed all the items. 4. Workshop to discuss and give direction to staff regarding the FY 2007-08 Budget to include city services, priorities and capital improvements. City Manager Todd Parton briefly went over with council a few changes to the budget that were requested at the last workshop. 5. Adjournment Councilman Krasnai moved to adjourn the Workshop at 7:42 p.m. Motion was seconded by Councilwoman Davis. For: Council Members: Royal,Krasnai, Owens,Winn, Davis, Hicks and Hetzel; Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER 2007 Jennifer Hartman%y Mayor ATTEST: /2, �L- Peggy Cimics City Secretary Charter Review Commission (Instructions) On December 12,2006, the council by a split vote (3-2) established a Charter Review Commission. The council decided that each council member would select two (2) members of this commission&that if a member dropped off the commission the council member who appointed that individual would replace that person. Councilman Krasni was assigned as the liaison between the commission and the council& the commission was instructed to stay in contact and work with the city's attorney. Article XI, Section 11.05 provides for the processes in which the Charter Review Commission was to conduct their review and report to the council. The commission was to consist of ten (10) "citizens of the city" who shall: (A) Inquire into the operation of the city government under the Charter & determine whether any provisions require revision. (B) Propose any recommendations it deems desirable to insure compliance with the Charter of the City government, and (C)Report it's findings and present its recommendations to City Council. By Charter,the commission's term was for a period of six(6) months. At its conclusion the Charter Review Commission was to provide City Council a "comprehensive summary" of its report&turn over all records of proceedings of the commission to the city to become a public record. Charter Review Commission (Findings) The Charter Review Commission held a total of twelve (12) meetings with the first meeting being February 10,2007 & the last meeting held August 11, 2007. The commission's report was received by the city on August 20,2007. At its first meeting members were shown a video on the Open Meeting Act&provided a legal orientation by the city attorney. 1-The records reflect that the commissions six month period had expired on June 12, 2007. 2-That four different members of the commission missed at least 6 meetings consecutively. 3-That commission minutes do not comply with Local Gov. Code Section 551.021 & 551.022 as "Discussion/Action items" are"Discussed" (no indications'of actions taken.) 4-On August 11th. the commission's meeting did not start until 10:05am, more then an hour after the posted agenda time. 5-At the August 11th. meeting when the commission's document was signed a signature was noted as being absent in the minutes for that meeting. 6-The commission failed to notify its council liaison that members were absent and/or never attended. 7-The commission failed to maintain contact and work with the City Attorney, as instructed. 8-The commission failed to inquire from city staff,information into the operation of the City government. 9-The commission has not submitted to Council a "Comprehensive Summary" as required nor presented to the city all records of proceedings of the commission. Charter Review Commission (Findings Continued) 10-The commission has not provided Council with "Findings & Recommendation" as required by the Charter. 11-The Charter Review Commission has exceeded its authority by submitting a ballot proposal when it was charged with only presenting"fmdings & recommendations" following a review of the city's government & operations. 12-There are no minutes for the March 24th. meeting though they were approved in the April 7th. minutes. 13-There is no record of one member (Benowitz) being appointed to the commission? 14-One member of the commission was not a "citizen of the city." Charter Review Commission (Recommendation) As important as it is to follow or revise laws & regulations,we most also strive to protect the processes in which we make these changes. If we allow this document to go forward then we, as a council,will have also failed in our responsibility to adhere to the requirements of our Charter which we have sworn to uphold. It would be my recommendation that we, as a council, dismiss the Charter Review Commission with an expression of our appreciation for their efforts, and reject the document as not meeting the requirements of Article XI, Section 11.05 (Charter Review Commission). At some time in the future we should reform the commission; however, requiring greater oversight and support.