Minutes Charter Review 12/09/2019 TOWN OF TROPHY CLUB
CHARTER REVIEW COMMISSION MINUTES
MONDAY,DECEMBER 9,2019 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 Monday,
December 9,2019.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 arrived at 7:33 p.m.
Dave Edstrom Commissioner, Place 1
Timothy Patterson Commissioner, Place 2 arrived at 7:30 p.m.
Kevin Carr Commissioner, Place 6
Louis Opipare Commissioner, Place 7
Jared King Commissioner, Place 9
CHARTER REVIEW COMMISSIONERS ABSENT:
Bruce Dale Commissioner, Place 4
Danny Mayer Commissioner, Place 8
COUNCIL AND STAFF PRESENT:
Wade Carroll Assistant Town Manager
David Dodd Town Attorney
Holly Fimbres Town Secretary/RMO
Chairperson Sheridan announced the date of December 9, 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. Consider and take appropriate action regarding the November 18, 2019 Charter Review Commission
Minutes.
Motion:
Motion made by Commissioner Opipare, seconded by Commissioner Carr, to approve the November 18, 2019
Charter Review Commission minutes.
Motion carried unanimously 5-0-0.
2. Discussion of and take appropriate action regarding Article IX,Budget,Finance and Taxation,of the Town of
Trophy Club Charter.
Assistant Town Manager Carroll stated that Staff reviewed Article IX and had no recommended changes.
Commissioner Opipare inquired about Section 9.02, Submission, related to the date when the Town Manager
submits the budget. Town Attorney Dodd responded that particular section identified that the budget would be
submitted in accordance with State law.
Commissioner Edstrom asked if Section 9.04, Budget,referred to the Fund Balance where it stated"the total of the
proposed expenditures shall not exceed the total estimated income and the balance of available funds," and if so,
could they be used at the discretion of the Council. Assistant Town Manager Carroll confirmed that was correct,
but he pointed out that the Town's financial policy outlined that the Fund Balance would not fall below 30 percent
of operating expenditures.
Commissioner Edstrom brought up subsection (f) of Section 9.05, Council Action on Budget, and expanding
publication to more than one or more available websites and, if available, a newspaper of general circulation. He
felt that newspapers would eventually become obsolete. Town Attorney Dodd understood the challenge but
publishing in a newspaper was required pursuant to State law. He offered a suggestion of potentially changing the
language to state that publishing would be done in accordance with State law, but the current language was
sufficiently written.
Chairperson Sheridan stated this could be put into a motion to look into as a future agenda item.
Commissioner King pointed out that the sentence included, "which includes but is not limited to" encompassed
other potential avenues for publication.
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Edstrom,to close the discussion on Article IX,
Budget, Finance and Taxation,with no comments to discuss later.
Motion carried unanimously 5-0-0.
3. Discussion of and take appropriate action regarding Article X,Franchises and Public Utilities,of the Town of
Trophy Club Charter.
Assistant Town Manager Carroll stated that Staff has reviewed Article X and recommended that Section 10.07,
Extensions, be reviewed. The second to last sentence stated "The right to use and maintain any extensions shall
terminate with the termination of the original franchise grant, and shall be terminable as provided in Section 10.04
of this Charter." After reviewing this, Staff believes that reference to Section 10.04, Franchise Value Not to be
Allowed, should be appropriately changed to reference Section 10.05, Right of Regulation. This could be due to
incorrect numbering from previous changes.
Town Attorney Dodd stated it does not appear that this section has been amended and advised that he would
review this section.
Commissioner Opipare inquired if Section 10.04 was written for a legal reason because how he read it meant that
real property was not included in the value of the franchise fee. Town Attorney Dodd responded that this was for
setting the utility rates and if the Town acquired an easement through eminent domain for the utilities, the fact
there was a franchise did not add a value to the rates.
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Carr, to close the discussion on Article X,
Franchises and Public Utilities, with the review of Section 10.07 to correct a potential scrivener's error in the fifth
line by changing"Section 10.04"to"Section 10.05."
Commissioner King inquired if there were any needed amendments to this Article due to recent changes in State
law. Town Attorney Dodd responded that he did not find any needed changes but he would review it again.
Charter Review Commission Minutes December 9,2019 Page 2 of 7
The vote was taken.
Motion approved unanimously 5-0-0.
4. Discussion of and take appropriate action regarding Article XI, General Provisions, of the Town of Trophy
Club Charter.
Commissioner Opipare asked Town Attorney Dodd if Section 11.12, Renumber, Rename, Rearrange, Clerical,
Typographical and Grammatical Error Correction, assisted with prior discussions on having gender neutral wording
in the Charter. Town Attorney Dodd confirmed that this section would allot those corrections to be made.
Chairperson Sheridan pointed out that Section 11.11, Construction of Charter, identified that all gender references
shall be interpreted to include both masculine and feminine. Additionally, he advised that Commissioner
Patterson sent an email regarding some of his comments on Section 11.12 regarding that he believed this was the
best place to refer to the gender neutrality and to provide neutral noun, pronoun and adjective substitutions
where the Charter speaks only in the masculine or feminine.
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner Edstrom, to close the discussion on Article XI,
General Provisions,with further discussion on Section 11.11 regarding gender neutrality of the Charter.
Commissioner King recommended further discussion to be held on Section 11.15, Charter Review Commission,to
potentially extend the time period when the Charter Review Commission met to every 10 years versus every seven
years.
Chairperson Sheridan agreed to amend the motion to include Section 11.15 for further discussion on extending the
time when the Charter Review Commission was required to meet.
Commissioner Carr suggested polling surrounding cities on the length of time they require their Charter Review
Commission to meet. Town Secretary Fimbres confirmed that Staff would survey the cities of Southlake, Roanoke,
and Grapevine.
Chairperson Sheridan pointed out that there was also the ability for the Charter to be amended through Council
action;it was not just based on when the Charter Review Commission met.
The vote was taken.
Motion carried unanimously 5-0-0.
5. Discussion of and take appropriate action regarding Article XII, Transitional Provisions, of the Town of
Trophy Club Charter.
Commissioner Opipare asked Town Attorney Dodd if this article was better placed in the Appendix. Town Attorney
Dodd advised that Article XII may no longer be needed because it dealt with the transition during a specific
timeframe.
Chairperson Sheridan discussed potentially creating one ballot listing all obsolete items. Town Attorney Dodd
remarked that Article XII could be one ballot item to be considered for removal.
Mayor Sanders commented that in past Charter elections, each item had to be uniquely identified and voted on
because there could be an issue if only portions were voted in favor to remove and other portions were voted
against,leaving a fragmented article.
Charter Review Commission Minutes December 9,2019 Page 3 of 7
Commissioner Carr inquired if the date of November 2, 2004 in Section 12.05, Submission of Charter to Voters,
needed to be amended. Town Attorney Dodd stated that date was specific to when the entire Charter went
before the voters for approval.
Commissioner King asked if a list could be created that the Charter Review Commission recommended to be
removed due to being obsolete. Town Attorney Dodd felt that one ballot item for obsolete items could create an
issue.
Motion:
Motion made by Chairperson Sheridan, seconded by Commissioner King, to review removing Article XII,
Transitional Provisions,due to it being obsolete.
Motion carried unanimously 5-0-0.
(Town Secretary Note: Commissioner Patterson arrived at 7:30 p.m.)
6. Discussion of and take appropriate action regarding previous business:
• Article I-Form of Government&Boundaries
• Article II-Powers of the Town
• Article III-The Council
• Article IV-Administrative Services
• Article V-Nominations and Elections
• Article VI—Recall
• Article VII—Legislation By The People,Initiative and Referendum
• Article VIII—Municipal Planning and Zoning
Chairperson Sheridan reiterated that the Commission's purpose was to review the Charter and make Charter
amendment recommendations, where appropriate, that will help protect or enhance the rights, powers and
benefits of all Trophy Club residents. He commented that the Commission previously discussed that no changes
were recommended for Article I and Article II. The Commission did consider further discussion on Article III,
specific to Section 3.05, Compensation; Section 3.20 (b), Abstention; Section 3.19, relating to a quorum; add a
gender neutral phrase at the beginning; Section 3.04 (c) and (d) relating to timing; and Section 3.08 (i) and (k)to
delete.
(Town Secretary Note: Vice Chairperson Rowe arrived at 7:33 p.m.)
Assistant Town Manager Carroll asked the Commission to allow time for Staff to research each item that the
Commission recommended amending to see how these items may potentially affect other sections of the Charter.
Commissioner Edstrom brought up Section 3.01, Number,Selection,Term,and commented he was opposed to
electing people to places that did not exist.
Chairperson Sheridan was in disagreement and felt the Town was too small to elect by geographic areas. Since no
other Commissioner wished to comment on Section 3.01, Chairperson Sheridan moved to Section 3.05,
Compensation,and he asked the Commission if they wanted to add compensation.
Commissioner Edstrom was in favor of providing the Council with some form of compensation.
The overall consensus of the Commission was not to provide compensation.
Chairperson Sheridan brought up Section 3.20 (b), Abstention, and sought input from the Commission if they
wished to remove this subsection.
Charter Review Commission Minutes December 9, 2019 Page 4 of 7
Vice Chairperson Rowe felt it was appropriate to remove this subsection so that the minutes would accurately
reflect if someone abstained from a vote verses an abstention being counted as a negative vote if no conflict of
interest existed.
Commissioners King, Opipare, Carr, Patterson, and Edstrom agreed to remove this subsection for accuracy and
transparency.
Chairperson Sheridan confirmed that the Commission was in favor of removing Section 3.20 (b), Abstention, and
he continued with discussion on Section 3.12,Quorum.
Vice Chairperson Rowe and Commissioners Edstrom, Patterson, Opipare, and King did not see a need to amend
Section 3.12.
Mayor Sanders shared if the Council was down to four members and one member could not attend a meeting,
business could not be conducted, which could create an issue for time sensitive items, such as approval of the
Town's budget.
Town Attorney Dodd offered that an emergency clause could be inserted that if the Council was less than four
members, then the majority of the remaining members would constitute a quorum. Discussion took place
regarding items that require Council approval.
Vice Chairperson Rowe suggested restructuring the last sentence to allow for other business to occur but make it
clear that it would only be triggered for an instance where there were vacancies on Council and not just because
Council Members were absent for a meeting.
Commissioner Edstrom recommended shortening two sentences in Section 3.12:
• Except as otherwise specifically provided herein or as provided by law, four (4) members of Council shall
constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid
or binding unless adopted by the affirmative vote of four (44 or more members of the Council, or as
required by State law or this Charter.
• If the Council is reduced to less than four (4) members on account of vacancies,the remaining members
shall constitute a quorum for the sole purpose of calling an election.
Commissioner Patterson asked if there was another provision in the Charter that would contradict the suggested
changes.
Vice Chairperson Rowe suggested that the last sentence read: If the Council is reduced to less than four (4)
members on account of vacancies, the remaining members shall constitute a quorum and action will be valid or
binding when voted on by a simple majority of the remaining members. Then the second sentence could read:
Except as otherwise specifically provided herein or as provided by law,four(4) members of Council shall constitute
a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless
adopted by the affirmative vote of a simple majority of the Council.
Commissioner Opipare remarked that if the Council became less than four members,the two important items that
would need to be kept in place would be calling an election and continuing the legal day to day operations of the
Town.
Chairperson Sheridan recommended expanding the last sentence to calling an election and be able to continue
Town business.
Lengthy conversation took place regarding potential language, different scenarios for constituting a quorum, and
voting if a Council Member had a conflict of interest.
Charter Review Commission Minutes December 9, 2019 Page 5 of 7
Vice Chairperson Rowe suggested allowing Staff to look at conditions that would prevent the Town from
performing basic functions and come up with criteria for those items to be accomplished given the situation where
there were several vacancies on Council.
Chairperson Sheridan agreed to have Staff review Section 3.12, Quorum, and research specific conditions that
would affect the operations of the Town and Council and language to address a quorum.
Commissioner Edstrom asked if Section 3.16, Procedure for Enacting Ordinances and Resolutions; Publications,
would be affected if they changed Section 3.12, Quorum. Chairperson Sheridan responded that Staff would need
to review and see if it affected Section 3.16.
Chairperson Sheridan continued with prior discussions on adding a gender neutral phrase at the beginning of the
Charter. Section 11.11, Construction of Charter, appeared to satisfy gender references made in Article III but the
Commission would delay discussion until they revisited Article Xl. He confirmed that Section 3.04 (c) and (d)
regarding the ability to fill Council vacancies to the next uniform election could not be accomplished because
Article 11, Section 11, of the Texas Constitution required that the Town hold a special election within 120 days
since the Council had three year terms. Additionally,he brought up previous discussions to remove Section 3.08(i)
and(k).
Vice Chairperson Rowe reiterated that the presence of a clause like Section 3.08(i)and (k)did not grant the Town
any more authority than what they already had accordingly to the State. Although he was in favor of cleaning the
Charter, it may be difficult for a voter to understand that the removal of this subsection did not take away the
Town's ability to deal with slum districts or blighted areas.
Commissioners Patterson and Edstrom agreed with Vice Chairperson Rowe.
Chairperson Sheridan moved onto the potential of removing Section 3.08(k)dealing with regulating taxi cabs and
Ubers.
Town Attorney Dodd noted that the Town could not regulate, license,or fix charges and fares on Uber and Lyft.
Commissioner Edstrom remarked that these types of businesses could not be located and therefore the Town
could not regulate them.
Commissioner Patterson and Vice Chairperson Rowe agreed to leave Section 3.08 (k) in the Charter for the same
reasons as discussed to leave Section 3.08(i).
Commissioner Carr commented that he did not want to get into a pattern of not removing items when it would
clean up the Charter.
Commissioner King suggested that the Commission put together a master list of all recommended items to remove
and rank them based on a 1 to 10 scale on how important they believed it was to remove.
Motion:
Motion made by Vice Chairperson Rowe, seconded by Chairperson Sheridan, to postpone discussion regarding
gender terms until further discussion on Article XI and discontinue discussions on Sections 3.04 and 3.05 and direct
Staff to investigate the effect of changes as discussed on Section 3.08(i)and (k),Section 3.12 and Section 3.20(b).
Motion approved unanimously 7-0-0.
Charter Review Commission Minutes December 9,2019 Page 6 of 7
6. Discussion of and take appropriate action regarding future agendas:
Motion:
Motion made by Commissioner Opipare, seconded by Commissioner Carr,to close discussion on Agenda Item No.
6.
Motion carried unanimously 7-0-0.
7. Recap of motions passed in prior meetings.
No action was taken on this item.
ADJOURNMENT
Motion:
Motion made by Commissioner Carr,seconded by Chairperson Sheridan,to adjourn the meeting at 9:00 p.m.
Motion carried unanimously 7-0-0.
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Holly Fi ibr s,Town Secret. ClDennis Sheri , hairperson
Town of Trophy Club,Texa• 0 401.1f <GCI3 Town of Trophy Club,Texas
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Charter Review Commission Minutes December 9,2019 Page 7 of 7