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Minutes Charter Review 10/08/2012100 Municipal Drive Trophy Club Entities Trophy Club, Texas 76262 Meeting Minutes NI IT. T -Am a 7.701-711 71171r-=1' I Monday, October 8, 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 Monday, October 8, 2012. The meeting was held within the boundaries of the Town and was open to the public. CHARTER REVIEW COMMISSION MEMBERS: Present: 6 - Commissioner Pearl Ford, Vice Chair Lourdes Hassler, Commissioner Richard Mayberry, Commissioner Larry Mundy, Commissioner Bert Miller, and Commissioner Jennifer Rauch Absent: 3 - Commissioner Dave Dickson, Chairman J.D. Stotts, and Commissioner Joel Quile STAFF AND GUEST(S) PRESENT Jeannette Tiffany, Council Member Liaison Mike Slye, Town Manager Patricia Adams, Town Attorney Shannon DePrater, Town Secretary TA Vice Chair Hassler called the meeting to order and announced a quorum at 7:06 p.m. CITIZEN PRESENTATIONS No citizens addressed the Commission. REGULAR SESSION 1. 2012-485-T Discuss and take appropriate action regarding the August 27, 2012 Minutes. Motion made by Commissioner Ford, seconded by Commissioner Mayberry to approve the September 25, 2012 Minutes as amended. Motion carried unanimously. Aye: 6 - Commissioner Ford, Vice Chair Hassler, Commissioner Mayberry, Commissioner Mundy, Commissioner Miller, and Commissioner Rauch Charter Review Commission Page 1 of 5 October 8, 2012 Minutes Charter Review Commission Meeting Minutes October 8, 2012 2. 2012-486-T Continue discussion and take appropriate action regarding proposed revisions to Article III The Council. Vice Chair Hassler asked for questions and motions on the proposed revisions to Article III The Council: 3.01 Number, Selection, Term Motion made by Commissioner Ford, seconded by Commissioner Mayberry, to add an additional council member. Motion fails 3-3 with Vice Chair Hassler, Commissioners Ford and Mayberry voting for and Commissioners Miller, Mundy and Rauch voting against. 3.02(1) Qualifications Motion made by Commissioner Mundy, seconded by Commissioner Miller, to approve proposed change. Motion carried unanimously. 3.02(b) Qualifications Motion made by Commissioner Mundy, seconded by Commissioner Rauch, to remove Section 3.02(b). Motion carried unanimously. 3.06 Mayor and 3.06A Motion made by Commissioner Mundy, seconded by Commissioner Ford, to move the sentence "He shall present an annual state of the Town message, which shall include setting out needs and goals for the Town." From Section 3.06A and add to Section 3.06. Motion carried unanimously. Motion made by Commissioner Rauch, seconded by Commissioner Mundy, to remove Section 3.06A. Motion carried unanimously. 3.09 Meetings of The Council Motion made by Commissioner Mundy, seconded by Commissioner Ford, to reject proposed changes to Section 3.09, Motion carried unanimously. 3.16 Form of Ordinances Motion made by Commissioner Mayberry, seconded by Commissioner Ford, to remove Section 3.16. Motion carried 4-2 with Vice Chair Hassler and Commissioners Ford, Mayberry and Miller voting for and Commissioners Rauch and Mundy voting against 3.17 Emergency Ordinances Motion made by Commissioner Ford, seconded by Commissioner Mayberry, to accept changes as presented. Motion carried unanimously. 3.19 Investigative Powers of The Council Motion made by Commissioner Mundy, seconded by Commissioner Ford, to accept option 3 as amended to state: The Council by affirmative vote of a quorum shall have the power to authorize an inquiry or investigation into the official conduct of any office, department, or agency, officer or employee, of Charter Review Commission Page 2 of 5 October 8, 2012 Minutes Charter Review Commission Meeting Minutes October 8, 2012 the Town. Motion carried unanimously. 3.21 Indemnification of Officers Motion made by Commissioner Ford, seconded by Commissioner Miller, to accept changes as presented. Motion carried unanimously. 3.22 Term Limits Motion made by Commissioner Ford, seconded by Commissioner Miller, to accept changes as presented. Motion carried unanimously. 3. 2012.487-T Summarize Article IV Administrative Services and Article VI Recall; discussion of same. Vice Chair Hassler summarized the Commission's proposed changes made to Article IV Administrative Services and Article VI Recall: Article IV Administrative Services 4.02 Town Manager — Appointment and Qualifications — leave as is 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. 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." 4.07 Town Secretary — leave as is 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). 4.09 Compensation — leave as is 4.10 Municipal Court 4.11 Judge of Court, 4.12 Clerk of The Court, 4.13 Fines Town Attorney Adams will review the sections to see how they relate to State Law and research the option of regionalizing court. 4.18 Accepting Gifts, Etc. Remove comma between persons, enjoying. 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 revised and Charter Review Commission Page 3 of 5 October 8, 2012 Minutes Charter Review Commission Meeting Minutes October 8, 2012 bring back to the Commission. 6.02 Petition for Recall — None 6.03 Form of Recall and Oath — None 6.04 Procedure after Filing Petition for Recall — None 6.05 Public Notice - None 6.06 Official Ballot - None 6.07 Recall Petition Prohibited - None 6.08 Refusal of Recall Petition - None 4. 2012-488-T Discuss and take appropriate action regarding the review of the following Articles of the Charter: • Article V Nominations and Elections • Article V11 Legislation by the People, Initiative and Referendum • Article Vill Municipal Planning and Zoning Vice Chair Hassler asked for questions and proposed revisions to 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 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. 5.07 Notification of Town Officers • Town Attorney to review to make sure this section complies with State Election Law. 6.08 Oath of Office - None Vice Chair Hassler asked for questions and proposed revisions to Article Vil Legislation by the People, Initiative and Referendum: 7.01 Initiative Generally - None 7.02 Petition Possibly change Title to Petition to Initiative Charter Review Commission Page 4 of 5 October 8, 2012 Minutes Charter Review Commission Meeting Minutes October 8, 2012 7.03 Referendum — None 7.04 Voluntary Submission of Legislation by The Council — None 7.06 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 7.10 Further Regulations By Council - None Vice Chair Hassler stopped the review and moved Article Vill to the next meeting. 6. 2012-489-T Commissioner comments regarding future Charter review and related matters; discussion of same. No discussion. ADJOURN Motion made by Commissioner Ford, seconded by Commissioner Mundy to adjourn. Meeting adjourned at 9:06 p.m. Aye: 6 - Commissioner Ford, Vice Chair Hassler, Commissioner Mayberry, Commissioner Mundy, Commissioner Miller, and Commissioner Rauch JDAtotts, Chair --eharter Review Commission IM (In A A A 1�t 4f CJS T(O—A Secrete .7nnon DePrater, epr w of Tr n of Trophy Club, Texas Charter Review Commission Page 5 of 5 October 8, 2012 Minutes