Agenda Packet Charter Review 11/12/2012Charter Review Commission
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Fire Department Training Room7:00 PMMonday, November 12, 2012
CALL TO ORDER AND ANNOUNCE A QUORUM
CITIZEN PRESENTATIONS
Citizens are allowed three (3) minutes to address the Board regarding an item over
which the Board has policy or oversight authority as provided by Texas law, the ethics
order, or other policy order.
REGULAR SESSION
1.2012-523-T Discuss and take appropriate action regarding the October 16, 2012 Minutes.
October 16, 2012 Minutes.pdfAttachments:
2.2012-524-T Discuss and take appropriate action regarding the proposed revision of Article 4.05(f).
3.2012-525-T Discuss and take appropriate action regarding proposed revisions to articles:
- Article V Nominations and Elections
- Article VII Legislation By The People, Initiative and Referendum
- Article VIII Municipal Planning and Zoning
- Article IX Budget, Finance and Taxation
4.2012-526-T Discuss and take appropriate action regarding the review of the following articles of the
Charter:
- Article X Franchises and Public Utilities
- Article XI General Provisions
- Article XII Transitional Provisions
5.2012-527-T Discuss and take appropriate action regarding the remaining 2012 scheduled meeting
dates:
- Tuesday, November 27, 2012
- Tuesday, December 11, 2012
6.2012-528-T Commissioner comments regarding future Charter review and related matters;
discussion of same.
ADJOURN
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
Charter Review Commission Page 1 of 13 Meeting Date: November 12, 2012
November 12, 2012Charter Review Commission Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, November 9, 2012 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
___________________________
Shannon DePrater, TRMC
Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2012.
________________________________, Title: ___________________________
Charter Review Commission Page 2 of 13 Meeting Date: November 12, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-523-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/16/2012 Charter Review Commission
On agenda:Final action:10/22/2012
Title:Discuss and take appropriate action regarding the October 16, 2012 Minutes.
Attachments:October 16, 2012 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Discuss and take appropriate action regarding the October 16, 2012 Minutes.
Charter Review Commission Page 3 of 13 Meeting Date: November 12, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Meeting Minutes
Charter Review Commission
7:00 PM Fire Department Training RoomTuesday, October 16, 2012
STATE OF TEXAS §
COUNTY OF DENTON §
The Charter Review Commission of the Town of Trophy Club, Texas, met
in a Regular Session on Tuesday, October 16, 2012. The meeting was held
within the boundaries of the Town and was open to the public.
CHARTER REVIEW COMMISSION MEMBERS:
Commissioner Pearl Ford, Commissioner Dave Dickson, Vice Chair
Lourdes Hassler, Commissioner Richard Mayberry, Commissioner Larry
Mundy, Chairman J.D. Stotts, Commissioner Bert Miller, and
Commissioner Jennifer Rauch
Present:8 -
Commissioner Joel QuileAbsent:1 -
STAFF AND GUEST(S) PRESENT:
Jeannette Tiffany, Council Member Liaison
Mike Slye, Town Manager
Shannon DePrater, Town Secretary
CALL TO ORDER AND ANNOUNCE A QUORUM
Chair Stotts called the meeting to order and announced a quorum at 7:03 p.m.
CITIZEN PRESENTATIONS
No citizens addressed the Commission.
REGULAR SESSION
2012-515-T1.Discuss and take appropriate action regarding the October 8, 2012 Minutes.
Motion made by Commissioner Mundy, seconded by Commissioner Miller to
approve the October 8, 2012 Minutes as presented. Motion carried
unanimously.
Aye:Commissioner Ford, Commissioner Dickson, Vice Chair Hassler,
Commissioner Mayberry, Commissioner Mundy, Chairman Stotts,
Commissioner Miller, and Commissioner Rauch
8 -
Charter Review Commission Page 4 of 13 Meeting Date: November 12, 2012
October 16, 2012Charter Review Commission Meeting Minutes
2012-516-T2.Summarize Articles VI Nominations and Elections and VII Legislation by the People,
Initiative and Referendum; discussion of same.
Chair Stotts summarized Articles V Nominations and Elections and VII
Legislation by the People, Initiative and Referendum.
Article V Nominations and Elections:
5.01 Elections
- Remove sections a-c
- Town Attorney to review section g to only allow for two candidates to be in a
run-off election
5.02 Regulation of Elections – None
5.03 Special Elections – None
5.04 Filing for Office – None
5.05 The Official Ballot – None
5.06 Canvassing And Election Results
- Town Attorney to review to make sure this section complies with State
Election Law allowing for a two council member quorum to canvass an
election.
Chair Stotts requested that this item be brought back for discussion when the
Town Attorney is present.
5.07 Notification of Town Officers
- Town Attorney to review to make sure this section complies with State
Election Law.
Chair Stotts requested that this item be brought back for discussion when the
Town Attorney is present.
5.08 Oath of Office - None
Article VII Legislation by the People, Initiative and Referendum:
7.01 Initiative Generally - None
7.02 Petition
- Possibly change Title to Petition to Initiative
7.03 Referendum – None
7.04 Voluntary Submission of Legislation by The Council – None
7.05 Form of Ballots – None
7.06 Publication of Proposed and Referred Ordinances – None
7.07 Adoption of Ordinances – None
7.08 Inconsistent Ordinances – None
7.09 Ordinances Passed By Popular Vote: Repeal or Amendment – None
Charter Review Commission Page 5 of 13 Meeting Date: November 12, 2012
October 16, 2012Charter Review Commission Meeting Minutes
7.10 Further Regulations By Council – None
2012-517-T3.Discuss and take appropriate action regarding proposed revisions to Articles IV
Administrative Services and VI Recall.
Chair Stotts asked for questions and motions on the proposed revisions to
Articles IV Administrative Services and VI Recall.
Article IV Administrative Services:
4.05(f) Powers and Duties
- The Commission decided to move forward with changing this section to read
“On an annual basis, submit to the Town Council and make available to the
public, a complete report on the finances and administrative activities of the
Town as of the end of the current fiscal year.”
Town Manager Slye will take back to Town Attorney Adams to review and
revise to eliminate the chance of misinterpretation of when the report is due to
Council.
4.05(o) Powers and Duties
- The Commission would like to see “Be the custodian of all municipal records
of the Council” be removed and added to Section 4.08 and have Section to
read “Recommend to the Council rules and regulations to be adopted by
ordinances to protect the safety and security of the municipal records.”
Motion made by Commissioner Hassler, seconded by Commissioner Mundy, to
accept changes as presented. Motion carried unanimously.
4.08 Duties of the Town Secretary
- Add the duty “Be the custodian of all municipal records of the Council” as
4.08(d) and change the current 4.08(d) to 4.08(e).
Motion made by Commissioner Mundy, seconded by Commissioner Mayberry,
to accept changes as presented. Motion carried unanimously.
4.10 Municipal Court
- Change section to read: There shall be a court designated to serve the Town
as the Municipal Court for the trial of misdemeanor offenses, with all such
powers and duties as are now, or may hereafter be, prescribed by laws of the
State of Texas relative to Municipal Courts.
Motion made by Commissioner Mundy, seconded by Commissioner Hassler, to
accept changes as presented. Motion carried unanimously.
4.12 Clerk of The Court, 4.13 Fines
- Change section to read: The Council shall by ordinance provide for the
appointment and oversight of a Clerk, Deputy Clerk and such other personnel
that the Council determines appropriate to serve the Municipal Court of the
Town The duties and authority of all Court personnel shall be in accordance
with state law and Town ordinance.
Motion made by Commissioner Ford, seconded by Commissioner Mayberry, to
accept changes as presented. Motion carried 7-1 with Commissioner Mundy
voting against.
Charter Review Commission Page 6 of 13 Meeting Date: November 12, 2012
October 16, 2012Charter Review Commission Meeting Minutes
Article VI Recall:
6.01 Scope of Recall
- Consensus of the Commission is to have this Section be consistent with
Section 3.04, utilizing expressed prohibition. Town Attorney will revise and
bring back to the Commission.
Chair Stotts asked how will this item be presented on the ballot - will there be
two propositions? Will there be one proposition to remove Section 6.01 and
then have a second Proposition to modify 6.01A?
Motion made by Commissioner Mundy, seconded by Commissioner Mayberry,
to accept changes as presented. Motion carried unanimously.
2012-518-T4.Discuss and take appropriate action regarding the review of the following articles of
the Charter:
·Article VIII Municipal Planning
·Article IX Budget, Finance and Taxation
Chair Stotts asked for questions and proposed revisions to Articles VIII
Municipal Planning and Article IX Budget, Finance and Taxation.
Article VIII Municipal Planning:
8.01 State Law Adopted – Zoning – None
8.02 State Law Adopted – Subdivision Regulation - None
8.03 The Planning and Zoning Commission -
- After some discussion of whether or not term limits should be addressed in
the Charter, the Commission decided to leave the section as is.
8.04 Purpose, Objective, Power and Duties
- Question posed to Town Attorney Adams can the wording in subsection
8.04(f) - “as are” – be something included in the proposed “clarification”
provision?
8.05 Board of Adjustment – None
8.06 Comprehensive Master Plan – None
Article IX Budget, Finance and Taxation:
9.01 Fiscal Year - None
9.02 Submission - None
9.03 Budget Message - None
9.04 Budget - None
9.05 Council Action on Budget - None
9.06 Amendment after Adoption
- 9.06(d) – The Commission discussed the interpretation of this section.
Consensus of the Commission is that the Town Manager has the authority to
move funds within the General Fund without having to ask the Town Council
for permission; he does need to report the movement.
Charter Review Commission Page 7 of 13 Meeting Date: November 12, 2012
October 16, 2012Charter Review Commission Meeting Minutes
- Change wording from “resolution” to “ordinance”
9.07 Administration and Fiduciary Oversight of the Budget - None
9.08 Capital Program
- 9.08(a) – discussion to propose wording to coincide with the submission
requirements of Section 9.02.
9.09 Audit and Examination of Town Books and Accounts - None
9.10 Defect Shall Not Invalidate Tax Levy - None
9.11 Public Records - None
9.12 Specified Reserve Fund - None
9.13 Changes in Budget - None
9.14 Authority to Incur Indebtedness - None
9.15 Bonds Incontestable - None
9.16 Borrowing in Anticipation of Property Tax - None
9.17 Use of Bond Funds
- Discussion of proposed change to wording “…by a vote of the qualified
voters…”
9.18 Power to Tax - None
9.19 Tax Rate - None
9.20 Other Rules and Regulations - None
2012-519-T5.Commissioner comments regarding future Charter review and related matters;
discussion of same.
The Commission discussed the process of continuing progress, discussed
future agenda items and discussed a tentative schedule of action:
- Monday, November 12, 2012 meeting – complete redline to review
- Tuesday, November 27, 2012 – Possible Public Hearing
ADJOURN
Motion made by Commissioner Ford, seconded by Commissioner Mundy to
adjourn. Meeting adjourned at 8:45 p.m.
__________________________________
JD Stotts, Chair
Charter Review Commission
__________________________________
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
Charter Review Commission Page 8 of 13 Meeting Date: November 12, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-524-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/16/2012 Charter Review Commission
On agenda:Final action:10/22/2012
Title:Discuss and take appropriate action regarding the proposed revision of Article 4.05(f).
Attachments:
Action ByDate Action ResultVer.
TITLE
Discuss and take appropriate action regarding the proposed revision of Article 4.05(f).
Charter Review Commission Page 9 of 13 Meeting Date: November 12, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-525-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/16/2012 Charter Review Commission
On agenda:Final action:10/22/2012
Title:Discuss and take appropriate action regarding proposed revisions to articles:
- Article V Nominations and Elections
- Article VII Legislation By The People, Initiative and Referendum
- Article VIII Municipal Planning and Zoning
- Article IX Budget, Finance and Taxation
Attachments:
Action ByDate Action ResultVer.
TITLE
Discuss and take appropriate action regarding proposed revisions to articles:
- Article V Nominations and Elections
- Article VII Legislation By The People, Initiative and Referendum
- Article VIII Municipal Planning and Zoning
- Article IX Budget, Finance and Taxation
Charter Review Commission Page 10 of 13 Meeting Date: November 12, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-526-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/16/2012 Charter Review Commission
On agenda:Final action:10/22/2012
Title:Discuss and take appropriate action regarding the review of the following articles of the Charter:
- Article X Franchises and Public Utilities
- Article XI General Provisions
- Article XII Transitional Provisions
Attachments:
Action ByDate Action ResultVer.
TITLE
Discuss and take appropriate action regarding the review of the following articles of the Charter:
- Article X Franchises and Public Utilities
- Article XI General Provisions
- Article XII Transitional Provisions
Charter Review Commission Page 11 of 13 Meeting Date: November 12, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-527-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/16/2012 Charter Review Commission
On agenda:Final action:10/22/2012
Title:Discuss and take appropriate action regarding the remaining 2012 scheduled meeting dates:
- Tuesday, November 27, 2012
- Tuesday, December 11, 2012
Attachments:
Action ByDate Action ResultVer.
TITLE
Discuss and take appropriate action regarding the remaining 2012 scheduled meeting dates:
- Tuesday, November 27, 2012
- Tuesday, December 11, 2012
Charter Review Commission Page 12 of 13 Meeting Date: November 12, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-528-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/16/2012 Charter Review Commission
On agenda:Final action:10/22/2012
Title:Commissioner comments regarding future Charter review and related matters; discussion of same.
Attachments:
Action ByDate Action ResultVer.
TITLE
Commissioner comments regarding future Charter review and related matters; discussion of same.
Charter Review Commission Page 13 of 13 Meeting Date: November 12, 2012