2001/04/04 Council Minutes - Laserfiche WebLink

• April 4,2001 procedures fur the creation ofthis separate municipal commotion.The creation of the board is porsumt to stale statute rather than to City ordinance orthe charter. The state statute which creates the public facilities district also specifies exactly how the board will be chosen.It specifically spells out that no member of the City Council or governing body that appoints the board can be a member of that board. Councilmemboo Gipson emta that he was only refining to elected officials.The charter says that"all boards,commissions,committees or other such bodies shall be advisory." Attorney Soiree pointed out that the first phrase in Section S.l of the charter which reads,'unless otherwise provided in this charter,yr by state law."The state law that establishes public facilities districts specifically provides that legislative members may not be members of a public facilities board. However,the legislature did not specifically mention the administrative bodies of the municipalities that created the public facilities district. Counci member Gipson questioned the last sentence of Section 5.2 of the charter which says that"no elected official of the city or appointed city officer or employee of the city shall be eligible for appointment to such board and whether, if that was the intent,this sentence should also say"as provided by state law." Attorney Soine stated that oath board"refers back to the definition in Section 5.I where it ream Therein referred to as boards." Don Hale,Hxecutive Director,clarified that the state statute does not preclude omcilmembas from the board.They can be nominated for up to three positions on the board by other groups. Councilmemba Gipson questioned whether my councilmemba or Mayor has served on a board with voting right,before. Attorney Soine stated that the Mayor and all of the councilmembem serve as members of the h0,0,11l Development Board which is a separate legal corporation established by state law but created by the City.