MINUTES
WATAUGA CHARTER REVIEW COMMISSION MEETING
MONDAY, MAY 15, 2006
CITY COUNCIL CHAMBER,
6:30 P.M.
CALL TO ORDER:
Chairperson H. T. Davis called the Charter Review Commission Meeting to order on Monday, May 15, 2006 at 6:34 p.m. with the following members present:
H. T. Davis Chairperson
Janice Frisinger Vice-Chairperson
James Luttrell Secretary
and
Jerry Adams Primary Council Liaison
with
Member Karla Null and Member Troy Pruitt absent.
INVOCATION:
Mr. James Luttrell gave the invocation.
CITIZENS OPEN FORUM:
Mrs. Nancy Gelzinis an applicant for the board, was introduced by Primary Council Liaison Jerry Adams.
APPROVAL OF MINUTES:
1. Minutes of Meeting of September 26, 2005
James Luttrell made a motion to approve the Minutes of Meeting of September 26, 2005 as presented. Janice Frisinger seconded the motion, with all members present voting aye.
NEW BUSINESS:
1. Discussion and action on review of the two charter amendments that failed at the election held May 7, 2006
Chairperson Davis recommended that Proposition 8 from his memo of May 11, 2006 be discussed first.
Proposition 8 read on the May 7, 2005 Charter Amendment Election ballot as follows: “Shall Section 3.05 be amended to clarify by rewording, deleting the word recall and excusal, allowing for the councilmember subject to expulsion or forfeiture to receive written notice and to be heard in opening meeting and provide for a vacancy to be filled by appointment instead of by election?”
Mr. Luttrell asked if Council Liaison Jerry Adams had received any input in regards to why this proposition may have failed.
Primary Council Liaison Jerry Adams stated that he had not received any feedback, but believed people did not understand the proposition and were concerned that if a vacancy were to occur, the Council might appoint someone that was friends of the Council Members. The Commission should consider this proposition again at the next election with a better explanation. Mr. Adams explained that if this was not approved, there was not really a need to change the term of office and that the reason for changing the term of office back from three (3) years to two (2) years would reduce the need to hold special elections. There would be less expense in terms of elections if appointed, rather than elected.
Mr. H.T. Davis suggested that the wording be made more clear.
James Luttrell expressed that these were well-founded fears and a better explanation needs be given. He stated that Proposition 8, Section 3.05 be reworded and attempt to clarify and explain to the public why we are requesting this and what is trying to be achieved.
Primary Council Liaison Jerry Adams expressed that the two amendments regarding terms of office complemented each other, and when one was approved and the other disapproved, it did not really provide any benefit.
James Luttrell made a motion to reconsider failed Proposition 8, as it applies to Section 3.05 and request the City Attorney provide verbiage. Janice Frisinger seconded the motion, with all members present voting aye.
Mr. Luttrell asked Mr. Adams if he had received any feedback concerning why Proposition 11 from the May 7, 2005 Charter Amendment Election failed.
Council Member Adams explained that he felt that the minutes are accessible to the public and not much is gained by posting them on the bulletin board.
Mr. Luttrell moved to have the City Attorney provide verbiage to clarify a proposition to Section 3.09(b) that the minutes of the City Council not be required to be posted on the bulletin board. Janice Frisinger seconded the motion, with all members present voting aye.
2. Discussion and action on any suggestions for proposed amendments to the Home Rule Charter
Primary Council Liaison Jerry Adams suggested that Section 3.08 (f) regarding the Resignation of City Councilmember, be presented to the City Attorney to see if state law prevails over Home Rule Charter.
Janice Frisinger made a motion to present Section 3.08 (f) to the City Attorney for his opinion as to whether or not there is a conflict with state law regarding this section. James Luttrell seconded the motion, with all members present voting aye.
3. Discussion and action on recommendation to City Council for reappointment of members in Place 2, 4, and 6
Mr. James Luttrell does not wish to continue, but will stay on the board if needed. All others members whose terms are due to expire have agreed to remain on the board.
James Luttrell made a motion to recommend to City Council the reappointment of H.T. Davis to Place 4. Janice Frisinger seconded the motion, with all members present voting aye.
H.T. Davis made a motion to recommend to City Council the reappointment of Janice Frisinger to Place 6. James Luttrell seconded the motion, with all members present voting aye.
Janice Frisinger made a motion to recommend to City Council the reappointment of James Luttrell to Place 2. H.T. Davis seconded the motion, with all members present voting aye.
4. Discussion and action on setting next meeting date
James Luttrell made a motion to hold the next meeting on August 14, 2006, at 6:30 p.m. Janice Frisinger seconded the motion, with all members present voting aye.
ADJOURNMENT:
With there being no further business to discuss at this time, James Luttrell made a motion to adjourn. Janice Frisinger seconded the motion, with all members present voting aye.
The meeting adjourned at 6:56 p.m.
APPROVED: this the _________ day of ______________ 2006.
SIGNED: this the _________ day of ______________ 2006.
APPROVED:
_____________________
H. T. Davis, Chairperson
ATTEST:
____________________
James Luttrell, Secretary