Minutes Charter Review 10/15/2019 TOWN OF TROPHY CLUB
CHARTER REVIEW COMMISSION MINUTES
TUESDAY,OCTOBER 15,2019 7:00 P.M.
LOCATION: 1 TROPHY WOOD DRIVE,TROPHY CLUB,TEXAS
COUNCIL CHAMBERS
The Charter Review Commission of the Town of Trophy Club,Texas, met in a Regular Session on Tuesday, October
15, 2019.The meeting was held within the boundaries of the Town and was open to the public.
CHARTER REVIEW COMMISSIONERS PRESENT:
Dennis Sheridan Chairperson, Place 3
Rhylan Rowe Vice Chairperson, Place 5
Dave Edstrom Commissioner, Place 1
Bruce Dale Commissioner, Place 4
Kevin Carr Commissioner, Place 6
Louis Opipare Commissioner, Place 7
Danny Mayer Commissioner, Place 8
Jared King Commissioner, Place 9
CHARTER REVIEW COMMISSIONERS ABSENT:
Timothy Patterson Commissioner, Place 2
COUNCIL AND STAFF PRESENT:
C. Nick Sanders Mayor
Philip Shoffner Council Member, Place 6-Council Liaison
Steve Norwood Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Chairperson Sheridan announced the date of October 15, 2019, called the Charter Review Commission to order
and announced a quorum at 7:00 p.m.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Commission on any matter whether or not it is posted on the
agenda. The Commission is not permitted to take action on or discuss any presentations made to the Commission
at this time concerning an item not listed on the agenda. The Commission will hear presentations on specific
agenda items prior to the Commission addressing those items.
There were no citizen presentations.
1. Discussion of tasks and procedures pursuant to Resolution No.2019-25.
Chairperson Sheridan explained the procedures for the Charter Review Commission meetings and advised that
they were a recommending commission. Their task was to set out and review the Charter and make any
recommendations. He remarked that their goal would be to attempt to have this resolved and sent to the Council
for review by January 31, 2020 in order to be on the May 2020 ballot.
Council Member Shoffner advised that pursuant to Section 5 of the Resolution No. 2019-25,the Town Council had
an agenda item to discuss potential Charter provisions at their October 22, 2019 meeting.
2. Discussion of procedural rules of operation of the Charter Review Commission.
Chairperson Sheridan discussed that the Town had adopted Meetings and Rules of Procedure that the Commission
would adhere to.
There was discussion that the Commission should address their questions to either Town Manager Norwood or
Town Secretary Fimbres,who could disseminate the information to the rest of the Commission.
Chairperson Sheridan noted that he would not accept information at the dais. He proposed that the Commission
review the Charter in sequence of Articles I through XII in order to get through the entire Charter by their
December 9, 2019 meeting. Some Article may not need as long a review such as Article XII because it was
regarding transition from 2004. He would like the two meetings in January 2020 to create their Final Report and
discuss ballot language.
There was agreeance from the Commission to review the Charter by specific Articles at different meetings and to
come prepared with their notes ready to discuss to help ensure to meet their deadline.
Chairperson Sheridan requested to have an agenda item on each agenda to allow for further discussion of the
Charter in case the Commission went through some Articles promptly and to have an agenda item for discussion of
prior business.
3. Discussion of the Town of Trophy Club current Charter.
Chairperson Sheridan provided a brief history of the Town's Charter. In August 1999, there was an election to
have the Home Rule Charter approved, which failed. In November 2004, another election was held for the
adoption of the Home Rule Charter and it passed. Both elections had significant citizen input and volunteer work.
In 2007, Staff and Council put together five amendments and they all failed. A Charter Review Commission was
formed in 2008 and in 2009 they put a significant amount of recommendations forward and the majority of the
amendments passed. He advised that the Council would consider the Commission's recommendations and may
order the amendment or amendments to be submitted to the voters of the Town. In 2013 and 2015, there were
Charter amendments on the ballot that passed to help the administration of the Town.
There was conversation that there were different versions of the Town Charter if a search was done through the
Town's website but the most up-to-date version should be accessed through the Town's website that connects to
Franklin Legal Publishing,the Town's codifier.
Chairperson Sheridan requested that the table of contents be included with the Charter that they were reviewing.
Commissioner Edstrom reiterated that it would be important for each Commissioner to do their homework before
each meeting.
Commissioner Mayer suggested that the Commission review the Charter with an open mind because it had initially
been drafted when the Town was much smaller and consider it from a holistic view on what could be improved.
(Town Secretary Note:After visiting Agenda Item No.4, Chairperson Sheridan came back to Agenda Item No.3)
Conversation ensued about breaking up the articles to be discussed on specific meeting dates and to potentially
have Staff present when Article 1111 was being discussed.
(Town Secretary Note:After revisiting Agenda Item No.4, Chairperson Sheridan came back to Agenda Item No.3)
Charter Review Commission Minutes October 15,2019 Page 2 of 4
Chairperson wanted to briefly touch on each article and pointed out that there have not been any changes to
Article I, Form of Government&Boundaries.
Commissioner Carr mentioned that there may need to be a definition to identify the Mayor and Council because
there were references for just the Council and then some for Mayor or Council, for example when it took an
affirmative vote of four members of Council. Also, the word "he" for Town Manager and Town Secretary should
be changed to gender neutral wording.
Town Attorney Dodd responded that the voting section could be cleaned up because he believed at one point the
Mayor did not vote but now the Mayor could vote.
Commissioner Edstrom pointed out that in the preamble it mentioned a dually elected governing body but there
probably was a need to clean up the places where the word "he"was used.
Commissioner Opipare remarked that any state laws that have been amended should be reflected appropriately
within the Charter.
Town Manager Norwood noted that there have been recent legislative changes for annexation and eminent
domain.
Vice Chairperson Rowe commented that if it was not already in the Charter, a caveat should be added that in the
event that there was a conflict with State law,the State law would supersede.
Chairperson Sheridan advised that any changes to the Charter would require it to be presented to the voters.
Commissioner Carr recommended that Staff research any items where State law may have changed and needs to
be identified in the Charter.
Chairperson Sheridan noted that the Town Attorney would be present at each meeting to help ensure that any
legal requirements were met. He continued to Article III, The Council, and mentioned that it may be appropriate
to have input from the Council if any direction were given at the October 22,2019 Council meeting.
Council Member Shoffner encouraged the Commissioners to send the Town Attorney an email regarding any legal
questions so that he had time to review the item before each meeting.
Chairperson Sheridan inquired if the Commission had a desire to review ballot items for past Charter Elections.
Vice Chairperson Rowe felt it would be beneficial to review past Charter Elections to help with context of the most
recent changes.
Commissioner Opipare agreed and felt it would help the Commission to avoid previous controversial items.
Chairperson Sheridan reiterated that it may be appropriate to have Staff present at their November 11, 2019
meeting since they would be discussing Article IV, Administrative Services. He continued to briefly go over the
remaining Articles V through XII.
Council Member Shoffner thanked each Commissioner for their service and advised that each Council Member
selected one member to serve on the Commission and the two remaining members were selected at large.
4. Discussion of future agendas.
Chairperson Sheridan discussed the Charter Review Commission's schedule of meetings.
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Due to the holiday season,a meeting was not scheduled for November 25,2019 and December 23,2019.
(Town Secretary Note: Chairperson Sheridan went back to Item No. 3 to discuss the Charter and came back to
Agenda Item No.4).
Vice Chairperson Rowe suggested holding a second meeting in November and December in order to help meet
their deadline in January 2020.
There was agreeance to hold a meeting on November 18, 2019 and December 16, 2019.
Commissioner King advised that he had a work conflict on November 18, 2019.
Chairperson Sheridan remarked that if any Commissioner could not make a meeting,their comments would still be
welcomed and considered.
Vice Chairperson Rowe reiterated that per the Commission's discussion, the tentative scheduled would be as
follows:
• October 28, 2019—Articles I, II,and III
• November 11, 2019—Article IV
• November 18, 2019—Articles V through X
• December 9, 2019—Articles XI and XII
(Town Secretary Note:Chairperson Sheridan went back to Item No. 3)
ADJOURNMENT
Motion:
Motion made by Commissioner Dale,seconded by Commissioner Mayer,to adjourn the meeting at 8:02 p.m.
Motion carried unanimously 8-0-0.
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