Minutes Charter Review 06/23/2008Minutes of Regular Charter Review Commission Meeting for the
Town of Trophy Club
LOCATION:.100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
PUBLIC SERVICE CONFERENCE ROOM
Monday, June 23,2008 at 4:00 P.M.
ST ATE OF TEXAS §
COUNTY OF DENTON §
The Charter Review Commission for the Town of Trophy Club, Texas, met in a Regular Session
on Monday, June 23, 2008. The meeting was held within the boundaries of the Town and was
open to the public.
CHARTER REVIEW COMMISSION (CRC) MEMBERS PRESENT:
William (Bill) Rose CRC Chair
Bob Downey CRC Vice-Chair
Ben Brewster CRC Recording Secretary
Roger Williams CRC Member
Larry Crosser CRC Member
Richard Hobday CRC Member
Melissa Klauss CRC Member arrived at 4:25 P.M.
Richard (Scott) Briggs CRC Member
ABSENT:
Joel Ouile CRC Member
STAFF AND GUEST(S) PRESENT:
Stephen Seidel, Assistant Town Manager
Lisa Hennek, Town Secretary
Patricia Adams Town Attorney
Jim Moss
Kathleen Wilson
Gregg Lamont
Dave Edstrom
A.1 Chairman Rose, noting a quorum, called the meeting to order at 4:05 p.m.
A.2 Citizen Presentations:
No citizen presentations made.
A.3 Staff Presentation;
No staff presentations made.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
June 16, 2008.
Commissioner Crosser Motion: "to approve the Minutes dated June 16th." Commissioner Williams
seconded; motion carries 6:0:1, with Briggs abstaining.
END OF CONSENT
C.1 Recording Secretary, Commissioner Brewster to update the Commission with
recommendations received. (Recommendations presented will be included to the
Minutes as exhibits.)
Commissioner Brewster advised that no new Proposed Amendments had been received and the
website log is up and active with 32 logs.
C.2 Discuss and take appropriate action regarding proposed amendment Code of Ethics
and Conduct and related Charter provisions. (REF 030)
Commissioner Williams stated that this is a good idea and said the Council should approve this in
an Ordinance. Commissioner Downey spoke with the Town Attorney regarding this PA and
agreed that this is something the Council should mandate by Ordinance.
Commissioner Brewster suggested this item be table until all Commission members have read
the Burnett and Model Cities Charter sections on Ethics.
The Commissioner's views varied whether the PA require that the Charter mandate the Council
approve a Code of Ethics and Conduct Ordinance or if a Code of Ethics and Conduct section be
included in the Charter in its' entirety.
Commissioner Brewster Motion: "to table until the entire Commission can read Burnett's section
on Code of Ethics and Conduct, Chapter 2 under Administration." Commissioner Downey
seconded; motion carries 6:1 :0, with Williams opposing.
Greg Lamont, 15 Avalon Drive -suggested the Ethics Commission be comprised of members not
limited to only Town residents and that any elected official who pursues an investigation on their
own or intimidates be immediately censored.
C.3 Discuss and take appropriate action regarding proposed amendment Add 1
Councilmember and Three Year Terms and related Charter provisions. (REF 026)
Commissioner Rose Motion: "to advance PA Add 1 Councilmember and Three Year Terms (REF
026) to the Town Council for placement on the November ballot." Commissioner Brewster
seconded.
Commissioners Downey and Williams would like to separate this PA into two parts. Town
Attorney Adams provided this would be possible contingent on the language.
The Commission discussed the Town's need for a six member Council. Chairman Rose advised
that the following cities have seven including the Mayor: Decatur, Roanoke, Southlake,
Colleyville, Grapevine, Flower Mound and Denton. Commissioner Brewster said increasing the
Council to seven and 3 year terms expands the spirit of democracy.
Commissioner Downey Motion: "to split PA REF 026 into two separate PAs." Commissioner
Williams seconded.
Commissioner Briggs spoke against stating that expanding the size of the Council only made
sense when considering three year terms. Commissioners Klauss, Williams and Downey
disagreed stating three year terms make sense even if the Council size is not increased.
Commissioner Crosser reminded the group of their position to develop a Charter to lead the Town
into the future and the eventual need another Council member.
Commissioner Williams called for the question. Motion to split passed 6:2:0, with Brewster and
Rose opposing.
2
Commissioner Williams' Motion: "to approve a PA to add 1 Councilmember." Commissioner
Rose seconded.
Commissioner Brewster called the question. Motion passed 7:1 :0, with Downey opposing.
Commissioner Downey Motion: "to approve a PA to add Three Year Terms." Commissioner
Hobday seconded; motion carries unanimously.
Commissioner Brewster said with sixteen elected positions including MUD, there is indeed a pool
for adding another Council member.
Motion to approve a PA for Three Year Terms passed 6:1:1, with Briggs opposing and Klauss
abstaining.
Commissioner Downey Motion: "moved to approve the idea of 3 year terms pending language."
Commissioner Hobday seconded; motion carries unanimously.
C.4 Discuss and take appropriate action regarding proposed amendment Change from
At large to At-large-by Place elections and related Charter provisions. (REF 003)
Commissioner Rose Motion: "to advance PA Change from At Large to At-Large-by Place
elections (REF 003) to the Town Council for placement on the November ballot." Commissioner
Brewster seconded.
The Commission support was split, some supported election by place pending plurality not
majority.
Motion tied 4:4; Rose, Brewster, Williams, Crosser voting for and Klauss, Briggs, Hobday and
Downey opposing.
Commissioner Williams Motion: "to table until Commissioner Quile could vote." Commissioner
Briggs seconded. Motion to table passed unanimously.
C.5 Discuss and take appropriate action regarding proposed amendment Resignation of
Council Member Seat and related Charter provisions. (REF 017) 3.02 A.07 Council
Member sIb small, 5.04 same thing.
Commissioner Williams Motion: "to advance PA Resignation of Council Member Seat (REF 017)
to the Town Council for placement on the November ballot." Commissioner Klauss seconded;
motion carries unanimously.
C.G Discuss and take appropriate action regarding proposed amendment Add Term
Limits and related Charter provisions. (REF 014)
Commissioner Rose Motion: "to advance PA Add Term Limits (REF 014) to the Town Council for
placement on the November ballot." Commissioner Williams seconded; motion carries
unanimously.
Commissioners Klauss, Briggs and Downey agreed that you loose continuity with term limits and
that the vote of the people is the term limits.
Motion tied 4:4; Hobday Williams, Brewster and Rose in favor and Crosser, Downey, Klauss and
Briggs opposed. Item will be tabled until Commissioner Quile can vote.
3
C.7 Discuss and take appropriate action regarding proposed amendment Add violates
any express prohibition of this charter to Section 3.04 and related Charter
provisions. (REF 004)
Commissioner Rose Motion: "to advance PA Add violates any express prohibition of this charter
to Section 3.04. (REF 004) to the Town Council for placement on the November ballot."
Commissioner Briggs seconded; motion carries unanimously.
The Commission agreed to remove "to section 3.04" from the title.
C.B Discuss and take appropriate action regarding proposed amendment Filling
Vacancies and related Charter provisions. (REF 016)
Commissioner Rose's Motion: "to advance PA Filling Vacancies (REF 016) to the Town Council
for placement on the November ballot." Commissioner Brewster seconded; motion carries
unanimously.
C.9 Discuss and take appropriate action regarding proposed amendment Add Council
Compensation and related Charter provisions. (REF 027)
Commissioner Rose Motion: "to advance PA amendment Add Council Compensation (REF 027)
to the Town Council for placement on the November ballot." Commissioner Downey seconded.
Commissioners Williams and Downey would like the citizens input on this. Commissioner
Brewster stated this PA is request the Council begin working with staff much earlier on the budget
and goals an objectives for the Town. Brewster said that the Council will have to do more than
just sit at the Council table and make policy decisions but rather become more involved with the
daily operations and evaluation of daily operations. Motion passed unanimously.
C.10 Discuss and take appropriate action regarding proposed amendment Add Mayor
Voting on All Matters and related Charter provisions. (REF 013)
Commissioner Rose Motion: "to advance PA Add Mayor Voting on All Matters (REF 013 to the
Town Council for placement on the November ballot." Commissioner Klauss seconded.
Commissioners Downey and Briggs do not support and said the Mayor should be amenable and
only vote in case of a tie. Chairman Rose presented research from the Model City Charter book.
Commissioner Brewster called for the question.
Motion carries 6:2:0, with Hobday and Downey opposing.
C.11 Discuss and take appropriate action regarding proposed amendment Agenda
Request and related Charter provisions. (REF 023)
Commissioner Rose Motion: "to advanc PA Agenda Request (REF 023) to the Town Council for
placement on the November ballot." Commissioner Klauss seconded.
Commissioner Hobday Motion "to strike or more members of the and member, or the Mayor, after
Council." Commissioner Williams seconded, motion carries unanimously.
C.12 Discuss and take appropriate action regarding proposed amendment Conflict of
Interest and Abstention Town Council Procedure and related Charter provisions.
(REF 015)
4
Commissioner Rose Motion: "to advance PA Conflict of Interest and Abstention Town Council
Procedure (REF 015) to the Town Council for placement on the November ballot." Commissioner
Williams seconded.
Commissioner Rose moved "to amend the PA by removing or she': Williams seconded; motion
carries with amendment unanimously.
C.13 Discuss and take appropriate action regarding proposed amendment Clarify
Appointment Procedure and related Charter provisions. (REF 029)
Commissioner Rose Motion: "to advance PA Clarify Appointment (REF 029) to the Town Council
for placement on the November ballot." Commissioner Downey seconded; motion carries
unan imously.
C.14 Discuss and take appropriate action regarding proposed amendment Appointment
of Town Attorney and related Charter provisions. (REF 021)
Commissioner Rose Motion: "to advance PA Appointment of Town Attorney (REF 021) to the
Town Council for placement on the November ballot." Commissioner Williams seconded.
Chairman Rose read an email submitted by former Council member Pam Cates.
The Commission discussed the option of going to a Law Firm for legal services and questioned
the amount spent in legal services in prior years. Finance Director Sakura Dedrick advised the
actual amount expended in FY 2006-07 was $120,732.00 which included salary and benefits.
Some Commissioners said that if this PA was going to be recommended, it should include all
positions who report to the Council.
Motion failed unanimously.
C.15 Discuss and take appropriate action regarding proposed amendment Comply with
Texas Election Code and related Charter provisions. (REF 028)
Commissioner Rose Motion: "to advance PA Comply with Texas Election (REF 028) to the Town
Council for placement on the November ballot." Commissioner Williams seconded; motion
carries unanimously.
C.16· Discuss and take appropriate action regarding proposed amendment Clarify
Grounds for Recall and related Charter provisions. (REF 005)
Commissioner Rose Motion: "to advance PA Clarify Grounds for Recall (REF 005) to the Town
Council for placement on the November ballot." Commissioner Klauss seconded; motion carries
unanimously.
Commissioner Williams Motion: "to adjourn." Commissioner Brewster seconded; motion carries
unanimously.
No action taken on Items C.17 -C.25.
C.17 Discuss and take appropriate action regarding proposed amendment Reduce Recall
Signatures Required and related Charter provisions. (REF 018)
C.18 Discuss and take appropriate action regarding proposed amendment Align Petition
for Recall with State Requirements and related Charter provisions. (REF 002)
5
C.19 Discuss and take appropriate action regarding proposed amendment Reduce
Required Signatures for Initiative and Referendum and related Charter provisions.
(REF 006)
C.20 Discuss and take appropriate action regarding proposed amendment BUdget
Process Enhancement and related Charter provisions. (REF 031)
C.21 Discuss and take appropriate action regarding proposed amendment Franchise
Term and related Charter provisions. (REF 0032)
C.22 Discuss and take appropriate action regarding proposed amendment Charter
Review Commission and related Charter provisions. (REF 025)
C.23 Discuss and take appropriate action regarding proposed amendment Code of Ethics
and Conduct and related Charter provisions. (REF 30)
C.24 Discuss and take appropriate action regarding how the CRC will proceed.
C.25 Items for Future Agenda.
C.26 Adjourn.
~---J--'-Jo:<,.<:",====-----,,,--,---~a,,,--t_6,,,,-:0-Lo--,---,p,-.m-L'-,,,s...u_b_S_eqUenl 10 aclion on Ile~
Lis Hennek, Town Secretary Bill Rose, Chair
Town of Trophy Club, Texas Charter Review Commission
6