Minutes Charter Review 10/16/2012100 Municipal Drive
Trophy Club Entities Trophy Club, Texas 76262
Meeting Minutes
Charter Review Commission
Tuesday, October 16, 2012 7:00 PM Fire Department Training Room
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:
Present: 8 - 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
Absent: 1 - Commissioner Joel Quile
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
I 2012-515-T 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: 8 - Commissioner Ford, Commissioner Dickson, Vice Chair Hassler,
Commissioner Mayberry, Commissioner Mundy, Chairman Stotts,
Commissioner Miller, and Commissioner Rauch
Charter Review Commission Page 1 of 5 October 16, 2012 Minutes
Charter Review Commission Meeting Minutes October 16, 2012
2. 2012.516-T 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
6.02 Regulation of Elections — None
5.03 Special Elections — None
6.04 Filing for Office — None
sm 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
6.08 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 2 of 5 October 16, 2012 Minutes
Charter Review Commission Meeting Minutes October 16, 2012
7.10 Further Regulations By Council — None
3. 2012-517-T 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 Stye 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(0) 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 3 of 5 October 16, 2012 Minutes
Charter Review Commission Meeting Minutes October 16, 2012
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.
4. 2012.518-T Discuss and take appropriate action regarding the review of the following articles of
the Charter:
• Article Vill Municipal Planning
• Article IX Budget, Finance and Taxation
Chair Stotts asked for questions and proposed revisions to Articles Vill
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 Dudes
- Question posed to Town Attorney Adams can the wording in subsection
8.04(f) - "as are" — be something included in the proposed "clarification"
provision?
8.06 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 4 of 5 October 16, 2012 Minutes
Charter Review Commission Meeting Minutes October 16, 2012
- 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
9.16 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
5. 2012-519-T 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
Motion made by Commissioner Ford, seconded by Commissioner Mundy to
adjoB?kMeeting adjourned at 8:15 p.m.
ion DePrater, T64A Secretary
of Trophy Club, Texas
Charter Review Commission Page 5 of 5 October 16, 2012 Minutes