HomeMy WebLinkAboutMinutes - CC - 03/07/2012
Milton Charter Commission
March 7, 2012
Minutes/Agenda Summary
1. The Chairman called the meeting to order and recognized a quorum at 6:10 p.m.
The following Charter Commission members were in attendance: David Shannon,
Robert Meyers, and Ron Wallace. Others in attendance were City Manager Chris Lagerbloom,
and attorney Ken Jarrard (secretary to the Commission)
[George Ragsdale arrived at 6:15 p.m.]
2. February 22 minutes. Commission member discussed a statement on page 2 of the
February 22 minutes that stated "Commissioners then discussed the origins of the [millage] cap,
and that it was made at the suggestion of the original City Manager and CH2M Hill." The
consensus of the Charter Commission was that this statement – though accurate in the minutes –
was factually incorrect. The minutes shall stand as drafted, but a clarification was requested in
these minutes that the statement is not accurate. Motion made to approve the minutes, subject
to this clarification. Approved 4-0, with Mr. Hunter absent.
3. Approval of Agenda. Motion and second made to approve the agenda. Motion
approved 4-0, with Mr. Hunter absent.
4. Review of all amendments proposed to the City Charter to date.
A discussion ensued regarding whether to review all amendments to date. General
consensus was that while it may be prudent to review all amendments with preliminary
approval, it would be preferred – and consistent with the bylaws - to wait until all charter
commission members are present.
A commissioner member inquired as to what form the proposed amendments would be
delivered to the General Assembly. Proposal was that a version of the Milton charter be
redlined. That was considered an agreeable delivery method.
5. Discussion of HB 1154. The City Manager discussed the rationale and reasons for the
proposed HB 1154, with specific reference the Milton Public Facilities Authority. The City
Manager advised that the proposed modification has passed the house, and is now headed to the
Senate. The only significant change to the Public Facilities law was to allow the Council to
serve as PFA members. No action was taken.
6. Specific Charter issues.
APPOINTMENT AND REMOVAL OF JUDGES
a. Discussion occurred concerning whether this language should be changed at all.
A commission member indicated that the phrase "for cause" was somewhat vague. City
Attorney agreed, noting this could be malfeasance or nonfeasance - but those are
concerns the judicial qualifications committee might handle.
b. City Manager reported that council concerns over this charter provision pertained
to there being no clear voting instructions for removal of judges. Remark was made that
allowing a simple majority of the council to remove the judge is one option, with removal
of the 'for cause' standard. Charter Commission was generally unwilling to modify the
charter on that point. One commission member remarked this might place the Council
in a precarious position. One commission member proposed to remove the power of the
City Council to remove judges at all. Another commission member was concerned about
liability associated with the removal power.
c. A commissioner member reported that he had very favorable impression
regarding the Milton city court judiciary. City Manager concurred.
d. Commission members grappled with the topic of what recommend on this issue.
One commission member indicated there are instances of poor judges that are in need of
removal, but other members continue to have concerns about the intermingling of the
council with the judiciary.
e. Not action taken.
ORDINANCE ADOPTION
a. Commission member had a question regarding whether this topic pertained to any
ordinance or only specific ordinances. City manager advised that the purpose of this
proposed modification was to streamline the process of ordinance adoption. City
council had no concerns with the current process. Commission members thought the
process could use some clarification. One commission member became concerned of
changes that are occurring between the first reading and the final public hearing.
b. Another commission member asked how you accommodate changes in the
ordinance if only one reading occurs. Another commission member indicated that there
should be no changes between the first and second presentation. Another commission
member stated that it should either be two public hearings, or one public hearing, but the
current process of a first presentation followed by a public hearing at the next meeting is
confusing.
c. Commission member indicated he would independently work on some proposed
language and bring back to the next meeting. No further action taken.
CITY DISTRICT BOUNDARIES
a. City manager facilitated discussion regarding City of Milton boundaries. It was
reported that congressional reapportionment office has prepared maps showing
reapportionment of district boundaries. Jan Jones has advised that reapportionment is
warranted. All proposed districts keep present council members in their present
districts.
b. One commission member advised that redistricting to include more equity among
jurisdictions made sense for council appointments and other sorts of actions that are taken
based upon district.
c. The City Manager read the various populations in the proposed districts, while
commission members discussed potential consolidation of districts.
d. Commission members reviewed a 6 district map and a 3 district map. A
commission member advised that in the 3 district map, it would include 2 council
members in each district.
e. Overriding concern was that commission needed to re-review city council
appointments to determine if they are truly district-based, or are at large. City attorney
agreed to provide memo he had previously published regarding council appointments
being from the council district versus at large.
f. The City manager will request a map from the congressional reapportionment
process that will combine districts 2, and 3, 1, and 4, and 5 and 6.
g. No further action taken.
RECAP
Chairman conducted a brief recap of the items that have been acted upon thus far. City
Manager requested that the commission give consideration to two additional items.
Section 6.24. Operating budget. It has a 60 days requirement that staff are having
difficulty meeting. City Manager requested that in sections 6.24 and 6.28 of the Charter -
that the 60 day period be changed to 30 days. Motion and second were made to
recommend this. Vote was 4-0 in approval, with Mr. Hunter absent.
Section 7.16. Transition language. City manager recommended that section 7.16 of
the Charter is irrelevant and be removed because the transition period is over.
Consensus of the commission was to remove all language from the charter that was a part
of the transition. This will be formalized at a subsequent meeting.
MISCELLANEOUS DISCUSSION/SETTING DATE OF NEXT MEETING
Next agenda. Ordinance adoption and City boundaries will be on the next agenda, as
well as going over all items that have been preliminarily approved thus far. In power
point, "minor items for consideration" will also be on the next agenda.
Upcoming meeting dates. Commission set next commission meeting for 8 p.m., on
March 21, at 4:00 p.m., at a location to be determined. Meeting scheduled without
exception.
Another meeting set for April 11 at 6 p.m., at a location to be determined. Meeting
scheduled without exception.
Another meeting set for April 18, at 6 p.m. with the City council at a location to be
determined but likely at city hall council chambers. Meeting scheduled without
exception.
Another meeting with local delegation scheduled for May 2 at 6 p.m., at location to be
determined. Meeting scheduled without exception.
Motion and second to adjourn at 8:12 p.m. Motion passed 4-0, with Mr. Hunter absent.
###