RTY City ofLiberty Hill, TX Home Rule Charter Commission Regular Called Meeting - Monday, July 22, 2024, at 6PM City Council Chamber, 2801 RR 1869, Liberty Hill, TX 78642 Meeting minutes: Commissioners Present: Bryan Rivera Karlyn Keller Cathy Enderle Jessica Solis Luke Jernejcic Liz) Branigan Ron Rhea Bill Brannan Jennifer Brandes Danny Barringer Commissioners Absent: Wanda Sweeney Matt Pappas Cory Brandes Day Wright Logan E. Yarborough City Staff Present: Joe Crawford, Legal Counsel Paul Brandenburg, City Manager City Secretary Elaine Simpson, Recording Secretary McKenzi Hicks, Interim Director of Planning and Development Other guests: (there was a Notice of Possible Quorum of City Council posted for this meeting in advance.) Mayor Pro Tem Amanda Young Council Member Diane Williams Mayor Crystal Mancilla Jacquetta Thayer 1) Welcome/Establish Quorum/Call to Order Call to order at 6:01 PM by Chair The Open House Section oft the Meeting was called to order by Bryan Rivera at 6:01 PM. There Bryan Rivera were a total of20 people present. Home Rule Charter Commission City of Liberty Hill, TX Special Called Open House Meeting, Monday, July 22, 2024, Meeting minutes Pagelof5 The meeting started with al Power Point presentation, as composed by Vice Chair Keller, and presented by Chair Bryan Rivera. There were several typos and other inaccuracies in this main PowerPoint presentation, and City Council requested that these be corrected, and that the At 7:07 PM. City Attorney Joe Crawford presented as short Power Point presentation. (See From 7:161 PM to 7:21 PM, the Home Rule Charter Commission took a recess between the Open House portion oft the Meeting and the Regular Agenda session oft the meeting. presentation be brought back to City Council. Exhibit 'A' to these meeting minutes). 2) Public Comments Regarding items not on this agenda/Public Comments: Those desiring to. speak on a topic not listed on the agenda, please complete a speaker form and present it to the City Secretary before the meeting. Speakers will have three minutes each tos speak, this time cannot be transferred ors shared. Commissioners may not take action during this item and any responses will bei limited toj factual. statements, recitation of Regarding topics listed as an agenda item/During. specific agenda item: Commissioners request that speakers complete a speaker, form, indicate which agenda item they are interested in speaking about, and submit form to the City Secretary before the agenda item is addressed. Speaker forms may be emailed to Tony Garcia and Kathy Canaday submitted emailed remarks. These were read into the record by 1.) Carrie Van Meeteren- asked about how much research was done with neighboring cities City Attorney Crawford explained that the 'Model Charter' that was used as al basis for the Commission was the version created by the National League of Cities. (NLC) Also, the Commissioners read the Blodgett Book' which is the definitivel book on Texas Charters. She also discussed concerns about the forensic audit. Questioned about whether putting 'door hangers' in certain subdivisions might not be a great idea. There was a discussion about the amount of" "citizen input.' There was also a question about the requirement for 'every 5 year 7:50 PM. Council Member Amanda Young- - She listed her areas of concern including: not having enough citizen input in the formation oft the proposed charter, don'thavet tol have the election in November- = could wait until May 2025, concern about House Bill #2127 'Death Star Bill', concerns about the costs of the 'every 5: year forensic audits', additional costs in adding a 6th Council Member, and concerns about the Goodwill Provisions' which will be discussed later existing policy, or request for the topic to be placed on aj future agenda. the City Secretary before the meeting at simponelboerpnlago. City Secretary Simpson. (seel Exhibit 'B' to these meeting minutes). regarding their charters and best practices. forensic audit'. in the meeting. Home Rule Charter Commission City ofl Liberty Hill, TX Special Called Open House Meeting, Monday, July: 22, 2024, Meeting minutes Page 2 of5 8:141 PM Council Member Diane Williams. Indicated she has heard from some constituents that they would have liked to have had input. Also, asked for more information regarding the 'Death Star Bill" which passed the Texas Legislature last year, and how it will affect this process, and this proposed Charter. She indicated that she had concerns about how to fill the current vacancy on city staff for Finance Director, ift the 'every 5 year forensic audit' feature is in the Charter. She also noted some additional errors that need to be corrected in the main PowerPoint 8:21 PM. Mayor Crystal Mancilla- Thanked the Commissioners for spending the last year working on this Charter. She noted that we do not know the financial impacts to go Home Rule Charter. She also noted that there should be some planning for the Transition Plan. 8:34 PM. Council Member Jacquetta Thayer - She said that she was sO appreciative oft the work of the Charter Commissioners. She also noted that there are questions to consider about whether iti is more beneficial to have al larger number of voters in November, or possibly delaying this to May. She noted that she was also concerned about city staffi input with the Charter. She questioned whether we are using digital resources to the best advantage regarding getting 8:41 PM- City Manager Paul Brandenburg - noted that there are many questions/concers about the proposed 'Goodwill Provisions' because they have not yet been addressed by the Commissioners; it is on the agenda for tonight's meeting for the first time. He also noted that the city has adopted the LHTX20240 Comprehensive Plan, and the Charter should be in conformity presentation. information out the citizen regarding this Charter process. with the Comprehensive Plan. 3) OPEN HOUSE for the Community to meet the members of the Commission, to view presentations, and then there will be a Question and Answer Session. a) Presentation related to background and history of the Home Rule Charter Commission. b) Presentation regarding Home Rule Charter benefits, differences from current form of city government, and expected results for city organizational structure, processes, and planned No formal action was taken on items a.) and b.) which were covered by the Power Point (K. Keller) growth. (J. Crawford) presentations given to City Council. 4) Regular Agenda Items After OPEN HOUSE activities are over, time allows, the Commissioners will hold a Regular Meeting. Home Rule Charter Commission City ofl Liberty Hill, TX Special Called Open House Meeting, Monday, July 22, 2024, Meeting minutes Page 3 of5 After the Open House (Presentations), the Charter Commissioners addressed item 4.a.), then they heard the Public Comments (item #2 on the agenda), then they adjourned. a) Discussion, consideration, and possible action related to the Regular Meeting of the Home Rule Charter Commission July 15, 2024, meeting minutes. (E. Simpson) Motion by Commissioner Brannan, seconded by Commissioner Enderle, to approve, as presented, the meeting minutes from the July 15,2024, meeting of the Commission. Vote on the Motion: Motion carried unanimously by a vote of10-0. Ayes: Bryan Rivera, Karlyn Keller, Cathy Enderle, Jessica Solis, Luke Jernejcic, Liz Branigan, Ron Rhea, Bill Brannan, Jennifer Brandes, and Danny Barringer. Nays: 0. With Wanda Sweeney, Matt Pappas, Cory Brandes, Day Wright, and Logan E. Yarborough absent. b) Discussion, consideration, and possible action to make modifications to the proposed draft Charter document, as discussed at the. July 8, 2024, Joint Meeting with City Council and at the Home Rule Charter Regular Meeting of. July 15, 2024. (B. Rivera) No action was taken on this item. c) Discussion, consideration, and possible action regarding composing Article for the proposed Charter document, addressing needed policy and procedures for a transitional period changing the city to a Home Rule Charter form of government, ift the Charter is approved by the voters. No action was taken on this item. d) Review of letter from Commissioner Brannan, suggesting addition of an article of'Goodwill Provisions' to the draft Charter. (B. Brannan) No action was taken on this item. e) Discussion, consideration, and possible action to schedule future meetings and update proposed timeline for the Commission. (E. Simpson) No action was taken on this item. Home Rule Charter Commission City ofl Liberty Hill, TX Special Called Open House Meeting, Monday, July22, 2024, Meeting minutes Page 4of5 5) Adjournment The Commissioners directed City Secretary Simpson to poll the group and schedule the next meeting for the Home Rule Charter Commission either 7.31.2024 or 8.5.2024, whichever was convenient to the most Commissioners. They agreed that the agenda for that meeting will begin There being no other business on the agenda, and no objection from the Commissioners, Chair where the Commissioners left off on tonight's agenda, item 4b. Rivera adjourned the meeting at 8:521 PM. Approved by the Home Rule Charter Commission this SH day of 2024, absent. a vote of by Approved: Lug mmimure 10_Ayes, D Nays and Abstaining. With yur Chair Bryan Rivera Attest: Elaine Simpson, City Secretary Smpinu Home Rule Charter Commission City ofl Liberty Hill, TX Special Called Open House Meeting, Monday, July 22, 2024, Meeting minutes Page 5 of5 Exhibit A Final Steps - Home Rule Charter , Presented By Joseph Crawford July 22, 2024 BOJORQUE LAWFIRM, PC TesxasMunepiLanwyerse 07/22/2024 01 Bojorquez Law Firm, PC (2024) Process 1. 5,000+ Inhabitants V 2. Determination by Ordinance (presumed to be valid) V 3. Charter Commission V 4. Charter Preparation 5. Council Calls Election a) Ministerial Duty (TLGC $9.003) 6. Publicity a) No public funds for advocacy b) Unbiased factual info is OK 7. Election 07/22/2024 O1 Bojorquez Law Firm, PC (2024) General Law V. Home Rule General rule: Home rule cities may take any action authorized by Charter and not prohibited by state law. General law cities must find state law authority to act. Council-Manager system Administrative differences = annexation process, appointments for vacancies of 12 months or less, etc. Broader regulating authority, but H.B. 2127 limits home rule powers. Public initiative, referendum, recall, and Charter Amendment allowed by Charter New Law (HB 2127) HB 2127, became effective September 1, 2023: Expressly preempts certain home rule regs. Potentially preempts other home rule regs in fields occupied by state in particular codes. District court ruled the law unconstitutiona, but the law is currently effective during appeal. Creates cause of action for lawsuits against a home rule city to determine whether a city reg is preempted. Three months' notice required before lawsuit may be filed against city. Amendments possible during 2025 legislative session 07/22/2024 OI Bojorquez Law Firm, PC (2024) New Law (HB 2127) - Preemptions Expressly Preempted: Employment leave, hiring practices, breaks Breeding, care, treatment, or sale of animals or animal products (if licensed) Regulation of evictions or delivery of notice to vacate prior to eviction Preempted unless expressly authorized: Regulations in a field of conduct occupied by one or more of the following codes: Agriculture Code Business & Commerce Code Finance Code Insurance Code Labor Code Natural Resources Code Occupations Code Property Code 7/22/2024 01 Bojorquez Law Firm, PC (2024) Annexation Since 2019, only home rule cities are subject to an explicit 'adjacency" requirement under chapter 43 of the Texas Local Government Code. However, the Texas Local Government Code allows cities to satisfy this adjacency requirement through non-annexation agreements sO the practical difference is likely small. 7/23/2024 OJ Bojorquez Law Firm, PC (2024) What's Next? 1. - Charter Commission finalizes the proposed Charter. 2. Commission submits the final draft to the City Council. 3. - City Council places the Charter on the ballot for the next uniform election (if Council receives the final draft before August 19th). 4. Election scheduled after the 30th day but on or before the 90th day after Council adopts the ordinance ordering the election. 5. All registered votes may receive a copy of the proposed Charter by mail 30 days prior to election. 6. - Citizen vote (approve by majority). 7/22/2024 O1 Bojorquez Law Firm, PC (2024) QUESTIONS? 7/22/2024 OBojorquezi Law Firm, PC (2024) Exhibit B From: To: Subject: Date: Tony Garcia Elaines Simpson Community input tonight's meeting Monday, July 22, 20241 1:25:23PM **Possible Phishing: Please be cautious this is not sent from: al libertyhilltx.govl E-mail address*** This email was sent outside of your organization. Do not click: any links or open any attachments until you verify the Hello, my name is Tony Garcia and I own the property that used to be Quick Service Garage, some of the concerns andi input that Ihave heard around the neighborhood and downtown area ands speaking to individuals wanting to Property taxes increasing, thisi is a major concern for all businesses since thati increase usually comes out ofa companies, bottom line, this does notl help anyone in the downtown area, Main Street, all the way tol Highway 29, buti instead oft taking care oft these areas, we are more concerned oft the Outer Perimeter of the city Building permits, ordinances, planning andz zoning, Inspections, and there are other obstacles that should be looked ati in a different light, depending on the age oft the structures since wel have sOI many that could be great visitor and tourist draw, but) I feell like sOI many owners oft these structures are not willing or able toj puti in the funds needed to create thel businesses oft their choice, andi instead their affordability, which could strongly be the difference between failure and success. As for the new buildings, apartment complexes and housing, continue with the county ands state Parking in the main street area could be ani issue since we cannot create land, but as a community, we should be able to create community parking and work as a team and commit tot the growth of ourl historic area. Ihave seen many types of parking materials, usedt throughout town, but we should not confine ourselves strictly to asphalt and concrete, but use materials that! best apply tot the structure and cosmetics of that specific building,if we: are trying to create ane environment to draw tourist, young families, andj just ai fun andi relaxing atmosphere. "FROM" email address to verify the email iss safe!!!!! create new businesses in this area are and these are listedi in random order; requirements. Thank you, Tony Garcia Sent from my iPhone From: To: Subject: Date: Kathy Canady Elaine Simpson Open House/Meeting Monday, July 22, 20242:17:32PM Possible Phishing: Please be cautious this is not sent from a libertyhiltx.gov E-mail address This email was sent outside of your organization. Do not click any links or open any attachments until you verify the "FROM" email address to verify the email is safellll! Elaine, Please read this email out loud at the appropriate time available tonight during the Charter Committee Open house. Also,Iam planning on having another more in depth email at the next opportunity, but ifnot] Iv would appreciate this email to be re-read at the next meetingopportunity. Dear Committee Members, Iam very concerned that this Charter is attempting to be finalized without thej planned and necessary community input that is needed for this process. Possibly without even the majority support of the city council (t the duly elected representatives oft the city) itself. Doing aj promotion campaign after the fact is not the same as getting citizen input from citizens and property owners for the charter process. The Community deserves the ability to discuss ask questions and provide input tos something this important. A charter cannot be changed for 2 years if the voters were to approve this charter. An inappropriate and untimely implemented charter should not have to bej paid for out of citizen taxes. Ifthis charter is not viable for the needs oft the citizens and property owners of this community and should have tol be redone after implementation it will cost the citizens and propertybusiness: owner's as taxpayers to rectify the charter. Not to mention what it might cost all in damages caused by an inappropriate charter until it could be replaced. The comments at recent meetings by certain Charter Commission member(s) seems to not welcome input from the citizens, which gives the appearance that this is representing a 15 member "city", not: a charter committee for the city. Furthermore, as just one example the Goodwill chapter proposed seems to directly contradict the approved 2040 Comp Plan in which citizen input was properly sought and received on numerous occasions. Ih have this and many other questions concerning things within this change to become a home rule city. Ifeel now is not the time without more research on the differences we may bei inflicting on our community andj property owners with no benefits to thet them or the general public within our corporate boundaries i.e. the city. This last minute open house does not satisfy this requirement. Please consider slowing this down and doing it right as there is no known need to push this plan through without thej proper process. Sincerely, Kathy Canady