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Minutes Charter Review 12/16/2019 TOWN OF TROPHY CLUB CHARTER REVIEW COMMISSION MINUTES MONDAY,DECEMBER 16,2019 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 16,2019.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 Timothy Patterson Commissioner, Place 2 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 COUNCIL AND STAFF PRESENT: 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 December 16, 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 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 • Article IX-Budget,Finance and Taxation • Article X-Franchise and Public Utilities • Article XI-General Provisions • Article XII-Transitional Provisions Chairperson Sheridan advised that they have covered previous business up to Article III and their Final Report needed to be completed by the end of January 2020. He asked who would provide the official ballot language once their Final Report was completed. Town Attorney Dodd and Town Manager Norwood confirmed that the next step would be for the Charter Review Commission to identify which items they were recommending to be placed on the ballot, then the Council would consider their recommendations and make the final decision on official ballot language. Chairperson Sheridan pointed out that in their agenda packet,there was a rating sheet for items to be considered as being obsolete. He moved to discussing previous business of Article IV, Administrative Services, specific to adding leadership to the Town Manager qualifications within Section 4.02 (b); and creating a definition for the Mayor,Town Council,and Town Manager. Vice Chairperson Rowe was in favor of making no changes to Section 4.02 (b) and remarked that it would be helpful to add definitions in another article, but he would defer to Town Attorney Dodd on a recommendation where definitions would be placed. Commissioner Dale commented on the importance of discussing adding leadership to Section 4.02(b). Commissioner Opipare agreed that leadership should be added to Section 4.02(b). Commissioner Mayer preferred to leave Section 4.02 (b) as written because it could be covered in the job description for the Town Manager,which was laid out by the Council. Commissioner Edstrom commented that it would be difficult to define leadership in the Charter. Commissioner King felt it would be difficult to formulate the wording for the ballot language and was in agreement that it would be better suited in the job descriptions. Chairperson Sheridan noted that part of the first sentence read that the method of selection shall be left to the discretion of the Council. The second sentence addressed having experience, ability, and character; therefore he was in favor of leaving Section 4.02 (b) as written. Additionally, he did not see a necessity to create a definition in the Charter for Mayor,Town Council,and Town Manager. Chairperson Sheridan polled the Commission to add leadership to Section 4.02(b). 1-8-0 with Commissioner Dale in favor; and with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom,Patterson,Carr,Opipare,Mayer,and King not in favor. Commissioner Opipare mentioned possibly providing non-Charter recommendations to the Council along with their Final Report. Discussion took place that the Charter Review Commission's priority was to make recommendations to amend the Town's Charter. Chairperson Sheridan polled the Commission to create a definition in the Charter for Mayor,Town Council,and Town Manager. 1-7-1 with Vice Chairperson Rowe in favor; with Chairperson Sheridan and Commissioners Edstrom, Dale, Carr, Opipare,Mayer,and King not in favor;and Commissioner Patterson refrained. Chairperson Sheridan reviewed the list of recommendations for Article V, Nominations and Elections, specific to Section 5.01 (c), (d), and (e) being obsolete and replacing with terms outlining Places 1 through Place 6, omitting the word majority from Section 5.01(e)and(f);and deleting 5.04(d), (e),and(f). Charter Review Commission Minutes December 16, 2019 Page 2 of 7 Town Attorney Dodd commented that the dates outlined in Section 5.01 (c) and (d) illustrated when the terms began for each place. Commissioner Mayer recommended leaving Section 5.01 (c) and (d) as written since it clearly defined when each term began. Commissioner Opipare suggested removing 5.01 (b) and (c) and in their place, add a sentence that read, "Commencing in 2009, the Town Council expanded from four to six members organized by place, with the transition occurring as follows: Places 1 and 2 were determined in the May 2009 election, receiving two year terms and the year after three year terms and all future elections. Places 3, 4, and 5 remained as elected in the May 2008 election, for two year terms hereafter; Places 3 and 4 shall be elected for two year terms and Place 5 for three year terms." Commissioner Mayer asked Town Attorney Dodd if the Commission recommended removal of 5.01(b), (c),and (d), would each subsection be listed as a separate ballot item. Town Attorney Dodd responded that the general rule would be that each item would be considered as a separate ballot item, but they could possibly be put into one ballot item. Vice Chairperson Rowe felt that the utility of these subsections were to establish the starting points, but if the Commission desired to clean up the language, he suggested removing the first sentence of subsection (b)and(c)of Section 5.01. Commissioner Edstrom commented that the dates were obsolete going back 10 years. Commissioner Carr asked if the purpose of the subsections were to provide historical value. Town Attorney Dodd responded that they were setting the terms for office. Chairperson Sheridan polled the Commission to declare Section 5.01 (b), (c) and (d) as being obsolete and add replacement language outlining the terms for Places 1 through 6. 1-8-0 with Commissioner Opipare in favor; and with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom,Patterson,Dale,Carr,Mayer,and King not in favor. Chairperson Sheridan discussed removing the word majority from Section 5.01(e)and(f). Discussion took place that these two subsections were most likely in the Charter when the Council was elected by plurality,but now the Council was elected by majority since they had three year terms. Chairperson Sheridan moved to prior discussions to delete Section 5.04(d)and(e). Town Attorney Dodd stated items(d)and (e)were limited to Town elected positions. Vice Chairperson Rowe commented that Section 5.04 (d) was required to remain in the Charter since it hinged specifically upon being elected. There was another section in the Charter that precludes elected officials from holding a position on an appointed board or commission. Chairperson Sheridan polled the Commission to discontinue conversation on removing Section 5.04(d). 9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr, Opipare,Mayer,and King in favor. Chairperson Sheridan moved to discussing deleting Section 5.04(e). Commissioners King and Mayer were in favor of leaving Section 5.04(e)in the Charter. Charter Review Commission Minutes December 16, 2019 Page 3 of 7 Commissioner Opipare commented that he researched this item and it appeared that no other municipality required an employee to resign immediately upon becoming a candidate for election to any public office. He asked where the Town stood legally on this item. Town Attorney Dodd responded that there was nothing that would prohibit this or require it. Vice Chairperson Rowe asked if there was any other definition of being a candidate that could be broader than filing.Town Attorney Dodd responded that it would be based on a case by case scenario. Chairperson Sheridan polled the Commission to discontinue conversation on removing Section 5.04(e). 9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr, Opipare,Mayer,and King in favor. Chairperson Sheridan moved to discussing deleting Section 5.04(f). Commissioner Edstrom was in favor of leaving Section 5.04(f)as written. Commissioner Patterson remarked that he did not want to have an election for a one year term. Vice Chairperson Rowe was in favor of removing Section 5.04(f). He commented that serving on the Council was a volunteer role and if a person chose to run for a position as county commissioner or a state representative,then that person most likely had the ambition to handle multiple tasking roles. Commissioner Carr was in agreement with Vice Chairperson Rowe's remarks and added that an official running for another public office should not be penalized. Chairperson Sheridan inquired about either changing the wording from filing to becoming elected, or just completely eliminating the subsection. Town Attorney Dodd responded that the Council served three year terms. If a council member had longer than one year left on their term and announced candidacy for another office,then the automatic resignation would apply based on the State Constitution. If a council member had less than a year left on their term,then Section 5.04(f)would apply and the State Constitution was silent. Commissioner Mayer recommended leaving Section 5.04 (f) as written since it would technically only be based on a council member having less than a year left on their term. Commissioner King remarked that if a council member ran for county commissioner, he would want that person to have municipal experience. Vice Chairperson Rowe shared a scenario of two council members running for mayor, leaving the Council down to five members. He was not sure this would really benefit the community to have two council members step down. Chairperson Sheridan polled the Commission to add 5.04(f)to the Tally Sheet to be rated later for deletion. 9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr, Opipare,Mayer,and King in favor. Chairperson Sheridan moved to previous discussions on Section 6.01, Scope of Recall, and Section 6.07, Recall Petition Prohibited. As a follow-up item, in the agenda packet there were a few examples on how other municipalities addressed their scope of recall. Vice Chairperson Rowe leaned towards leaving Section 6.01 as written since the bar was set high to have enough qualified voters of the Town sign a petition. He felt that one of the three listed reasons for recall should cover grounds for a petition for recall. Commissioners Edstrom, Patterson, Dale,Carr,and Opipare were in agreement to leave Section 6.01 as written. Charter Review Commission Minutes December 16, 2019 Page 4 of 7 Commissioner Mayer inquired if the language as written allowed a dissatisfied citizen to file a petition against a council member because they did not agree with how a council member was performing. They would just need to submit a petition claiming incompetency and obtain enough signatures because there was no jury to prove incompetency. Town Attorney Dodd responded that he believed the petition would need to be specific on the grounds of incompetency and obtain enough signatures of those who agreed with them. Vice Chairperson Rowe understood Commissioner Mayer's concerns on how a petition would be adjudicated. It was a matter of obtaining enough signatures and validating signatures. Chairperson Sheridan polled the Commission to discontinue conversation on 6.01,Scope of Recall. 9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr, Opipare,Mayer,and King in favor. Chairperson Sheridan moved to previous discussions on Section 6.07, Recall Petition Prohibited, regarding not allowing a recall petition to be filed against any officer of the Town within six months of being elected, nor within six months after an election for such officer's recall. Town Attorney Dodd confirmed that Section 6.07 was a legal Charter provision. Commissioners Edstrom, Patterson,Carr, Mayer, King,and Opipare recommended no changes. Vice Chairperson Rowe would be open to remove Section 6.07 but he felt it had no material impact one way or the other because of the rare nature of the event. Chairperson Sheridan polled the Commission to discontinue conversation on 6.07,Recall Petition Prohibited. 9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe, and Commissioners Edstrom, Patterson, Dale, Carr, Opipare,Mayer,and King in favor. Chairperson Sheridan confirmed there were no previous recommendations to amend Article VII, Legislation By The People, Initiative and Referendum;therefore he moved to previous discussions on Article VIII, Municipal Planning and Zoning specific to adding deed restriction enforcement. Town Attorney Dodd stated that if the deed restriction enforcement were placed in the Charter, the Town would not have any legal standing since the Town was not a party. Vice Chairperson Rowe asked if it would need to be enumerated specifically in a zoning ordinance and adopted in a manner that was applicable. Town Attorney Dodd responded that it would need to be specific to items such as setbacks,size,and density since the Town had no control to enforce deed restrictions. Commissioner Opipare felt there was no reason to change this section since deed restrictions could not be enforced by the Town. Chairperson Sheridan remarked that the Town could review the deed restrictions in each section of Town and incorporate those restrictions into the Planning and Zoning Ordinances. Vice Chairperson Rowe commented on his intent to address the specifics of the case that came through earlier this year through the Planning and Zoning Commission. Chairperson Sheridan polled the Commission to discontinue conversation on adding deed restriction enforcement to Article VIII,Municipal Planning and Zoning. 8-1-0 with Vice Chairperson Rowe and Commissioners Edstrom, Patterson,Dale,Carr,Opipare,Mayer,and King in favor;and with Chairperson Sheridan not in favor. Charter Review Commission Minutes December 16,2019 Page 5 of 7 Chairperson Sheridan confirmed there were no previous recommendations to amend Article IX, Budget, Finance and Taxation; therefore he moved to previous discussions on Article X, Franchise and Public Utilities, specific to correcting a potential scrivener's error in Section 10.07 (in the fifth line by changing "Section 10.04" to "Section 10.05). Town Attorney Dodd confirmed this would be corrected. Chairperson Sheridan moved onto previous discussions on Article XI, General Provisions, specific to Section 11.11 addressing gender neutrality in the Charter and extending the timeframe when a Charter Review Commission was appointed in Section 11.15. Vice Chairperson Rowe and Commissioners King, Mayer, Opipare, and Edstrom felt that Section 11.11, Construction of Charter,addressed gender neutrality in the Charter. Commissioner Patterson questioned if his suggestion to change the word "corporation"to"business entity" in the third paragraph of Section 4.17, Personal Financial Interest, could be addressed through the scrivener's error exception.Town Attorney Dodd responded that he would have to review if that was possible but he believed that this could be accomplished pursuant to Section 11.12, Renumber, Rename, Rearrange, Clerical,Typographical and Grammatical Error Correction. Chairperson Sheridan confirmed that there was no need to continue discussions on gender neutrality in the Charter. He moved to extending the timeframe when a Charter Review Commission was appointed in Section 11.15. As a follow-up item, in the agenda packet there were a few examples on how often other municipalities amend their Charter. Commissioner King recommended extending the time period when the Charter Review Commission met to every 10 years instead of every seven years. Commissioners Mayer,Opipare,Carr,and Dale agreed with every 10 years. Vice Chairperson Rowe agreed with amending Section 11.15 so that a Charter Review Commission was appointed at intervals of not more than 10 years. He noted that the Council had the autonomy to appoint a Charter Review Commission and call a Charter Election based upon a majority vote. Chairperson Sheridan confirmed that the Commission recommended that Section 11.15 be amended to 10 years. Chairperson Sheridan moved the previous discussions to remove Article XII, Transitional Provisions, and asked Town Attorney Dodd if there were any items that needed to remain. Town Attorney Dodd responded that he would review this Article again but felt it could be completely removed as one ballot item. Chairperson Sheridan recommended adding Article XII to the Tally Sheet to be rated later for deletion. Chairperson Sheridan polled the Commission to add Article XII to the Tally Sheet to be rated later for deletion. 9-0-0 with Chairperson Sheridan, Vice Chairperson Rowe and Commissioners Edstrom, Patterson, Dale, Carr, Opipare,Mayer,and King in favor. Motion: Motion made by Chairperson Sheridan, seconded by Vice Chairperson Rowe,to delete Section 5.04(f);change the timeframe to 10 years in Section 11.15; remove Article XII in its entirety; and no further discussions were needed on other items as previously polled. Motion carried unanimously 9-0-0. Charter Review Commission Minutes December 16,2019 Page 6 of 7 2. Discussion of and take appropriate action regarding future agendas. Town Secretary Fimbres confirmed that the Commission's next scheduled meetings would be held on January 13, 2020 and January 27, 2020 to prepare their Final Report to present to the Council. The deadline to call a Special Election was February 14,2020. Vice Chairperson Rowe remarked that since their goal was to review and approve their Final Report at their January 27, 2020 meeting, he recommended giving the Council more than one meeting to review their Final Report. Town Secretary Fimbres advised that the Council Retreat was scheduled for February 1, 2020, with the intent to cancel the January 28,2020 Council meeting. Vice Chairperson Rowe recommended that the Final Report be provided to the Council at their Retreat. Chairperson Sheridan asked the Commission to send any further recommendations for their Final Report to Town Secretary Fimbres before their next meeting. Motion: Motion made by Commissioner Opipare,seconded by Chairperson Sheridan,to close Agenda Item No.2. Motion carried unanimously 9-0-0. 3. Recap of motions passed in prior meetings. Chairperson Sheridan stated this item was reviewed and utilized during Agenda Item No. 1. ADJOURNMENT Motion: Motion made by Chairperson Sheridan,seconded by Vice Chairperson Rowe,to adjourn the meeting at 8:20 p.m. Motion carried unanimously 9-0-0. �► li 1AS of TRppy 1/1/, OCI4L- On I, P�3 a'N" Holly Fimbre' Town Secret. s f- Dennis S eridan,Chairperson Town of Tr.•by Club,Texa' 4111111M0-- Town of Trophy Club,Texas CO h 4gRY1,11' Charter Review Commission Minutes December 16,2019 Page 7 of 7