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Minutes Charter Review 06/20/2008Minutes of Regular Charter Review Commission Meeting for the Town of Trophy Club LOCA'nON: 100 MUNICIPAL DRIVE, 'rROPHY CLUB, "rEXAS PUBLIC SERVICE CONFERENCE ROOM Monday, June 30, 2008 at 4:00 P,M. STATE OF TEXAS § COUNTY OF DENTON § The Charter Review Commission for the Town of Trophy Club, Texas, met in a Regular Session on Monday, June 30, 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. Joel Quile CRC Member CHARTER REVIEW COMMISSION (CRC) MEMBERS ABSENT: Richard (Scott) Briggs CRC Member STAFF AND GUEST(S) PRESENT: Brandon Emmons, Town Manager Stephen Seidel, Assistant Town Manager Lisa Hennek, Town Secretary Patricia Adams Town Attorney Mayor Nick Sanders Council member Jim Moss Greg Lamont Dave Edstrom A.1 Chairman Rose, noting a quorum, called the meeting to order at 4:00 p.m. A.2 Citizen Presentations: No citizen presentations. A.3 Staff Presentation; No staff presentations. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, June 9th and 23 rd , 2008. Commissioner Quile Motion: "to approve the Minutes dated June 9th ." Commissioner Downey seconded. Motion carried unanimously. Commission Hobday Motion; "to approve the Minutes dated June 23, 2008." Commissioner Crosser seconded. 1 Commissioner Downey said that the vote under Item C.3 should be 6:1:1, with Briggs opposing and Klauss abstaining. Commissioner Downey amended the motion, "to approve the June 23, 2008 Minutes with the amendment under Item C.3." Commissioner Crosser seconded. Motion carried unanimously. 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 said all June 23 rd amendments made to REF 004, 015 and 023 and the PAs for Add One Councilmember and Add Three Year Terms were updated and added to the log. C.2 Discuss and take appropriate action regarding proposed amendment Code of Ethics and Conduct and related Charter provisions. (REF 030) Tabled from 6/23/08 Commissioner Rose Motion: "to advance PA Code of Ethics and Conduct (REF 030) to the Town Council for placement on the November ballot." Commissioner Williams seconded. Commissioner Rose Motion: "to add sentence #1 No member of the Commission may hold elective or appointed office under the Town or any other government or hold any political party office, under Section 11.14 B." Commissioner Hobday seconded. Motion carried 6:1, with Downey opposing. Commissioner Klauss arrived. Commissioner Rose Motion: "to add sentence #2 Insofar as possible under State law, the Town Council shall authorize the board to issue binding advisory opinions, conduct investigations on its own initiative and on referral or complaint from officials or citizens, subpoena witnesses and documents, refer cases for prosecution, impose administrative fines, and to hire independent counsel, under Section 11.14 B." Commissioner Hobday seconded. Motion failed 1:7, with Quile voting in favor. Commissioner Rose Motion: "to add sentence #3 The Town Council shall appropriate sufficient funds to the Ethics Commission to enable it to perform the duties assigned, under Section 11.14 B." Commissioner Quile seconded. Motion carried unanimously. Commissioner Rose Motion: "to add a sentence, #4 under Section 11.14 B, The Town Council shall provide for annual training and education of Town officials and employees, including candidates for public office, regarding the ethics code." The motion died for a lack of a second. Commissioner Rose Motion: "to add sentence #4 to Section 11.14 A." Commissioner Quile second. Commissioner Downey questioned that appointed committee and volunteer members are not Officials. Town Attorney, Patricia Adams said that it is important to consider the Local Government Code's definition of Official even though the Town may define it differently in the Handbook for Appointed Officials. Commissioner Williams is not favor of adding boards and commissions, then clarified, sentence #4 as he feels this is up to the Town Council. (46:26) Motion failed 3:5; with Quile, Klauss and Rose voting in favor and Brewster,_ Williams, Hobday Crosser and Downey against. 2 Chairman Rose and Commissioner Crosser clarified both sentences 2 and 4 were defeated. The main motion "to advance PA Code of Ethics and Conduct as amended; including sentences 1 and 3, to Section 11.14 B, carried unanimously. (44:&3) The Commission agreed that the Ethics section in Burnett provided good insight and would be addressed in the "white paper". C.3 Discuss and take appropriate action regarding proposed amendment Change from At Large to At-Large-by Place elections and related Charter provisions. (REF 003)· Tabled from 6/23/08 Commissioner Rose Motion: "to remove from table." Commissioner Brewster seconded. Motion carried unanimously. Commissioner Rose Motion: "to advance PA, dated March 18,2008, Change from At Large to At­ Large-by Place elections (REF 003) to the Town Council for placement on the November ballot." Commissioner Downey seconded. Motion failed unanimously. Commissioner Rose Motion: "to add a new PA, REF 035, Change from At Large to At-Large-by Place elections." Commissioner Williams seconded. Commissioner Brewster called for the question. Motion carried 6:2; with Hobday and Downey opposing. Commissioner Rose Motion, "to advance PA Add One Counci member, REF 033 to the Town Council for placement on the November ballot." Commissioner Hobday seconded. Motion carried unanimously. Commissioner Rose Motion, "to advance PA Add Three Year Terms, REF 034 to the Town Council for placement on the November ballot." Commissioner Downey seconded. Commissioner Williams called for the question. Motion carried unanimously. C.4 Discuss and take appropriate action regarding proposed amendment Add Term Limits and related Charter provisions. (REF 014) Tabled from 6/23/08 Commissioner Crosser Motion: "to remove from table." Commissioner Rose seconded. Williams called for the question. Motion carried unanimously. Commissioner Rose Motion: "to advance PA Add Term Limits (REF 014) to the Town Council for placement on the November ballot." Commissioner Williams seconded. Dave Edstrom stated statistically, people favor term limits but tend to vote for the incumbent. Motion failed 3:5; with Rose, Williams and Brewster voting in favor, Quile, Klauss, Hobday Crosser, and Downey against. C.& Discuss and take appropriate action regarding proposed amendment Reduce Recall Signatures Required and related Charter provisions. (REF 018) Commissioner Rose Motion: "to advance PA Reduce Recall Signatures Required to the Town Council for placement on the November ballot." Commissioner Williams seconded. Motion carried unanimous. C.6 Discuss and take appropriate action regarding proposed amendment Align Petition for Recall with State Requirements and related Charter provisions. (REF 002) 3 Commissioner Rose Motion: lito advance PA Align Petition for Recall with State Requirements (REF 002) to the Town Council for placement on the November ballot." Commissioner Downey seconded. Commissioner Rose would like to change the title of this PA to Align Petition for Recall with State Requirements. No objection noted from the CO[11mission. Discussion ensued and the consensus was to combine PA REF 002 with REF 028 and to strike the reference noted REF 002 and create a new reference number. Motion carried unanimously. C.7 Discuss and take appropriate action regarding proposed amendment Reduce Required Signatures for Initiative and Referendum and related Charter provisions. (REF 006) Commissioner Rose Motion: "to advance PA Reduce Required Signatures for Initiative and Referendum (REF 006) to the Town Council for placement on the November ballot." Commissioner Williams seconded. Williams called for the question. Motion carried unanimously. Commissioner Quile Motion: lito adjourn." Commissioner Williams seconded. Motion carried unanimously. C.8 Discuss and take appropriate action regarding proposed amendment Budget Process Enhancement and related Charter provisions. (REF 031) C.9 Discuss and take appropriate action regarding proposed amendment Franchise Term and related Charter provisions. (REF 0032) C.10 Discuss and take appropriate action regarding proposed amendment Charter Review Commission and related Charter provisions. (REF 025) C.11 Discuss and take appropriate action regarding how the CRC will proceed. C.12 Items for Future Agenda. C.13 Adjourn. Meeting adjourned at 5:50 p.m. subsequent to action on Item C.? f?~~-b . /}(]. -:t-.~c:-:-=-_Yt~--LI~~----=--_ ~ 4 ~ Bill Rose, Chair 'Sa ~n~ek~ Secretary' Town of Trophy Club, Texas Charter Review Commission 4