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Minutes - Charter Review - 1/13/20TOWN OF TROPHY CLUB CHARTER REVIEW COMMISSION MINUTES MONDAY, JANUARY 13, 2020 7:00 P.M. LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS COUNCIL CHAMBERS The Charter Review Commission of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 13, 2020. The meeting was held within the boundaries of the Town and was open to the public. CHARTER REVIEW COMMISSIONERS PRESENT: Dennis Sheridan Chairperson, Place 3 Rhylan Rowe Vice Chairperson, Place 5 Dave Edstrom Commissioner, Place 1 Bruce Dale Commissioner, Place 4 Kevin Carr Commissioner, Place 6 Louis Opipare Commissioner, Place 7 Danny Mayer Commissioner, Place 8 CHARTER REVIEW COMMISSIONERS ABSENT: Timothy Patterson Commissioner, Place 2 Jared King Commissioner, Place 9 COUNCIL AND STAFF PRESENT: Philip Shoffner Council Member, Place 6 — Council Liaison Wade Carroll Assistant Town Manager David Dodd Town Attorney Holly Fimbres Town Secretary/RMO Sharon David Town Records Analyst Chairperson Sheridan announced the date of January 13, 2020, called the Charter Review Commission to order and announced a quorum at 7:00 p.m. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Commission on any matter whether or not it is posted on the agenda. The Commission is not permitted to take action on or discuss any presentations made to the Commission at this time concerning an item not listed on the agenda. The Commission will hear presentations on specific agenda items prior to the Commission addressing those items. There were no citizen presentations. (Town Secretary Note: Commissioner Mayer arrived at 7:OS p.m.) 1. Consider and take appropriate action regarding the December 9, 2029 Charter Review Commission Minutes. Motion: Motion made by Commissioner Opipare, seconded by Vice Chairperson Rowe, to approve the December 9, 2019 Charter Review Commission minutes. Motion carried unanimously 7-0-0. 2. Consider and take appropriate action regarding the December 16, 2019 Charter Review Commission Minutes. Motion: Motion made by Commissioner Dale, seconded by Vice Chairperson Rowe, to approve the December 16, 2019 Charter Review Commission minutes. Motion carried unanimously 7-0-0. 3. Discussion of and take appropriate action regarding previous business: • Article I - Form of Government & Boundaries • Article II - Powers of the Town • Article III - The Council • Article IV - Administrative Services • Article V - Nominations and Elections • Article VI - Recall • Article VII - Legislation By The People, Initiative and Referendum • Article VIII - Municipal Planning and Zoning • Article IX - Budget, Finance and Taxation • Article X - Franchise and Public Utilities • Article XI - General Provisions • Article XII - Transitional Provisions Motion: Motion made by Commissioner Carr, seconded by Chairperson Sheridan to close the discussion on Article I through Article XII. Motion approved unanimously 7-0-0. 4. Consider and take appropriate action regarding the preparation of the Charter Review Final Report. Chairperson Sheridan stated the final report will be streamlined for presentation to the Town Council and will be published in the newspaper. Vice Chairperson Rowe and Commissioner Carr agreed with streamlining the report with a list of short bullet points. Commissioner Opipare presented a draft of the preliminary report and distributed copies to the Commission members. Discussion held on the format of the final presentation. Town Attorney Dodd recommended verbiage be added that the final report was presented to the Charter Review Commission on the specific date, with a motion to approve, if passed, with the vote documented and does not require signatures. Commissioner Opipare stated he will remove all signature names and list a description of the recommended changes. S. Discussion of and take appropriate action regarding future agendas Chairperson Sheridan stated that he and Commissioner Opipare will complete the report with the recommended changes before presenting the final version to the Charter Review Commission on January 27, 2020 which, if approved, will be published to the citizens and, in the newspaper. Motion: A motion was made by Chairperson Sheridan, seconded by Commissioner Rowe to close discussion on Agenda Item No. 5. Motion carried unanimously 7-0-0. 6. Recap of motions passed in prior meetings. Article I — no changes Article II — no changes Chairperson Sheridan asked if any further discussion was needed on Section 3.04, Special Election, subsection (c) and (d). Commissioner Rowe stated previous discussions were held on potential scenarios and no further action needed. Charter Review Commission Minutes January 13, 2020 Page 2 of 6 Chairperson Sheridan confirmed Section 3.05, Compensation, would be eliminated from further discussion. Chairperson Sheridan reviewed Section 3.08, Powers of the Council, to eliminate subsection (k) with no further discussion. Town Attorney Dodd confirmed the Town can regulate Taxis services but has no authority over Uber and/or Lyft services. Chairperson Sheridan confirmed subsection (i) did not require further discussion. Town Attorney Dodd confirmed there is an authority under the state law. Chairperson Sheridan moved to open discussion on Section 3.12, Quorum. Commissioner Opipare suggested a statement be added that if the Council fell below four members, normal business operations of the Town could be performed and felt a quorum did not need to state an exact number. Chairperson Sheridan asked Town Attorney Dodd if the number four could be removed from this section and if the word majority would be sufficient. Town Attorney Dodd asked for clarification; stating if the Charter Review Commission were recommending the removal of the word four where it states to have four members for a quorum and then referenced the sentence that states the Council has to have four affirmative votes to pass any item. Chairperson Sheridan stated Mayor Sanders had previously discussed both of these instances. Assistant Town Manager Carroll clarified that Mayor Sanders discussed if the Council dropped to less than four how this affected a required vote to conduct business as normal definition of a quorum would not exist. However, there were no recommended changes. Commissioner Carr asked if there were four members on council, would all four have to vote in favor of an item and if there were six members, then three would still have to vote in favor of an item to pass. Assistant Town Manager Carroll responded that if the Council dropped to four, then the Charter would require the calling of a special election. Town Attorney Dodd stated that if it is less than four, then a special election would be called. He confirmed under this specific passage, the definition states three council members can compel attendance by an absent member or call a special election if down to three members due to vacancies. Commissioner Carr asked Town Attorney Dodd if that would mean the three members would have to vote in favor. Town Attorney Dodd stated it shows four votes are required for an affirmative action, but would argue this would go through if you have only one, two, or three members to call the election, then this would go through out of necessity. Commissioner Rowe asked if a called election due to a vacancy is a ministerial duty. Town Attorney Dodd confirmed under some circumstances this would be correct which would take four votes. Commissioner Rowe felt the definition for a quorum is listed but does not address the requirement to pass an item as it is an implied majority. The verbiage could clarify the implied majority or move to a simple majority. Commissioner Opipare did not have an issue with the word four being listed to call a quorum but was not in favor of having four affirmative votes when only four might be present at a meeting and he stated they might as well not have a meeting if this were the case. Chairperson Sheridan commented on the Town of Trophy Club having a Town Manager's strong government with the power of the Town Council making a decision with budgets and ordinances, mandatory deadlines, and would rather see the word four replaced with required by State Law. Town Attorney Dodd confirmed that the State Law would trump whether we have the word, four or required by state law, handling day to day operations would continue. Commissioner Rowe asked if the Council were down to three council members, from an operational standpoint, what would be the worst case scenario on taking council action. Assistant Town Manager Carroll stated this would include any expenditure over $25,000, which would be capital items. And, if the Town Council were down to three, it would take something catastrophic at which time the Town would be working under a state mandated law instead of council, and the state laws would allow the Town to maintain operations and pay the necessary bills. Charter Review Commission Minutes January 13, 2020 Page 3 of 6 Chairperson Sheridan polled the Commission to keep the word four within Section 3.12, Quorum, and Chairperson Sheridan and Commissioners Rowe, Edstrom, Dale, Carr, Opipare and Mayer were in favor. Chairperson Sheridan moved to previous discussions on Section 3.20, Conflict of Interest/Abstention, subsection (b) when someone abstains from a vote, it is considered a no vote and this was the objection to the wording. Commissioners Edstrom and Dale recommended leaving as written. Commissioner Rowe was in favor of removing this section in order for the recording of the minutes to be accurate and keeping the factual integrity of the minutes. Commissioner Carr was in agreement with Commissioner Rowe and commented that someone could form a motion for a no vote to pass. Commissioner Opipare agreed with Commissioner Rowe's recommendation and stated that if someone abstained then it should be recorded as an abstention, and after researching this item, he was in favor of removing this subsection. Chairperson Sheridan asked if the discussion were to delete subsection (b) totally or changing the wording. Commissioner Rowe felt this would be relative to the minutes and not an impact on what happens. And, that the minutes are an official document that are approved at a future meeting and reflect what took place in the meeting. Town Attorney Dodd stated he would recommend removing the entire section and deferred to the rules of procedures the Council adopts. Chairperson Sheridan polled the Commission to remove Section 3.20, Conflict of Interest/Abstention, subsection (b), and Chairperson Sheridan and Commissioners Rowe, Edstrom, Dale, Carr, Opipare and Mayer were in favor. Chairperson Sheridan confirmed that gender neutrality had been covered in Article IV and had been discussed in the previous meeting. Chairperson Sheridan stated that Section 5.01, subsection (c) was obsolete and that subsection (e) the word majority of votes cast for such office shall be declared elected. Commissioner Rowe stated that the previous recommendation of changing the word to plurality could not be done as Town Attorney Dodd confirmed that state law mandates due to 3 year terms and has to be the majority of votes. Chairperson Sheridan confirmed this would be removed from discussion. Commissioner Opipare asked Town Attorney Dodd if the editor's notes are needed. Town Attorney Dodd asked if he meant the amended notes and stated he was not sure if this was required in the official Charter. Chairperson Sheridan discussed Section 5.04, Filing for Office, subsection (f) and asked for clarification if a council member filed for a different position, would they have to immediately resign from their current position. Assistant Town Manager Carroll confirmed this is correct that the resignation would be automatic on the day they file. Town Attorney Dodd stated that any changes made with the Charter Review Commission would not take effect until after the May 2020 election. Commissioner Opipare shared his opinion that the wording should be changed to read after successfully elected. Chairperson Sheridan shared a scenario if one current council member were to run for mayor, then that seat would become vacant immediately and have to be filled within the election, otherwise a special election would have to be called due to the vacancy and this was exactly what the Town would try to avoid. Charter Review Commission Minutes January 13, 2020 Page 4 of 6 Commissioner Edstrom commented if a council member filed for another office, then the council member should resign immediately as they were seeking another position and should give up their current position. Commissioner Carr added that an instance could occur where a council member would wait until the last day to file to not invoke the resign to run within the Charter. Commissioner Edstrom agreed with Commissioner Carr's comments and felt this should discourage someone from staying in office when they were focused on the new position they were filing for. A discussion was held on different scenarios. Chairperson Sheridan moved to discontinue discussion on Section 5.04, Filing for Office, subsection (f). Assistant Town Manager asked if the recommendation was to leave subsection (f) as is. Chairperson Sheridan confirmed this was correct and that Section 3.02, Qualifications, subsection (b) is the only item remaining on the list. Council Member Shoffner commented that he did not disagree with the resignation of someone filing for a different office but this would become difficult with the four votes requirement and should be written as a majority. Commissioner Rowe stated this would be a difficult task to persuade the Town to reduce the number required. Chairperson Sheridan moved to discontinue discussion on Items 6.01 and 6.07 as well as no further discussion on Articles VII through X. Chairperson Sheridan opened discussion on Article XI, General Provisions, Section 11.11, and confirmed the gender issue had been taken care of. Section 11.15 was discussed regarding the Charter meeting every ten (10) years. Chairperson Sheridan polled the Commission to change Article XI, Section 11.1S, Charter Review Commission, to change the Charter Review from every seven (7) years to ten (10) years and Chairperson Sheridan and Commissioners Rowe, Edstrom, Dale, Carr, Opipare and Mayer were in favor. Chairperson Sheridan moved to discuss Article 12, Transitional Provisions, to delete the entire Article. Commissioner Opipare did not see anything that should remain. Chairperson Sheridan recapped the list of items for the final report that included a rating each item, Section 3.02, Abstention, remove this section and correct the title, discontinue conversation on Sections 3.08 and 5.04, changing Section 11.15 from seven (7) to ten (10) years and removing Article 12 in its entirety as obsolete. He shared Commissioner Patterson's email sent in lieu of attending tonight's meeting with his comments on removing Section 3.02 (b). Chairperson Sheridan will prepare the final report with Commissioner Opipare to review at the January 27, 2020 Charter Review Commission Meeting. He would like an agenda item for the public or staff for discussion. This should be included as an agenda item and Chairperson Sheridan thanked Town Secretary Fimbres for her hard work and wished her the best in her next endeavor. Commissioner Opipare asked Council Member Shoffner the Council's opinion on the state of Charter Review Commission. Council Member Shoffner stated the Council felt the Charter has done its due diligence over the years of reviewing the entire Charter and that the recommended changes will be considered to present to the Town residents. Charter Review Commission Minutes January 13, 2020 Page 5 of 6 ADJOURNMENT Motion: Motion made by Vice Chairperson Rowe, seconded by Commissioner Edstrom, to adjourn the meeting at 8:01 p.m. Motion carried unanimously 7-0-0. Sharon E. David, Interim Town Secretary Dennis Sh , Ch dirperson Town of Trophy Club, Texas Town of Trophy Club, Texas Charter Review Commission Minutes January 13, 2020 Page 6 of 6