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Minutes TC 07/17/2008 - Joint SessionMINUTES OF JOINT SESSION BETWEEN THE TOWN COUNCIL AND THE CHARTER REVIEW COMMISSION FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Thursday, July 17, 2008 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Joint Session with the Charter Review Commission (CRG) on Thursday, July 17, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Mayor Pro Tem CHARTER REVIEW COMMISSION (CRC) MEMBERS PRESENT: William (Bill) Rose CRC Chair Bob Downey CRC Vice-Chair Richard Hobday CRC Member Joel Quile CRC Member Richard (Scott) Briggs CRC Member Melissa Klauss CRC Member CHARTER REVIEW COMMISSION (CRC) MEMBERS ABSENT: Ben Brewster CRC Recording Secretary Roger Williams CRC Member Larry Crosser CRC Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel .Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Sakura Moten-Dedrick Finance Director A.1 Mayor Sanders called the Town Council to order at 7:20 p.m. noting a quorum was present. Mayor Sanders announced Mayor Pro Tem Sterling's excused absence. Chairman Rose called the CRC to order at 7:20 p.m. noting a quorum was present. Chairman Rose announced Commissioners Williams, Brewster and Crosser absences. A.2 Commissioner Joel Quile gave the Invocation. A.3 Commissioner Melissa Klauss led the pledges. A.4 Citizen Presentations: No citizen's addressed the Council. A.S Discuss and take appropriate action regarding the Charter Review Commission's Report on. recommended Charter amendments for the November 2008 election. Mayor Sanders thanked the CRC for their hard work and diligence. Mayor Sanders explained the rules for ail Committee of the Whole and suggested that the group not wordsmith the proposed amendments (PA) tonight andlll only discuss whether they would support the proposed amendments. Mayor Sanders acknowledged CRC, Chairman Bill Rose to make his report.' Chairman Rose explained the history of the Town's Charter, the methodology of the CRC members appointed onl February 4, 2008, sources of information used during their review and additional areas of intent developed during the review. Chairman Rose requested that the Council consider approving the proposed amendment for the: November ballot and allow the residents to vote. Chairman Rose concluded that the Commission members, like the Town Council members have two votes; one in their elected capacity and another as a resident. Motion to move into a Committee of the Whole made by Edstrom: seconded by Wilson. Motion passed unanimously. Mayor Sanders requested that the group keep their discussions to whether the proposed amendments would be moved forward tonight. 1) Add One Councilmember • Rationale: Increases Council's combined intelligence quotient, and enhances the quality of Council's output while diluting the influence of a single voice. Decatur, Roanoke, Southlake, Colleyville, Grapevine, Flower Mound and Denton (cumUlative population 222,464) all have six Councilmembers and a Mayor. Places Council composition in the center of the membership range recommended by NCL. • Commission Vote: ~ in favor ~ opposed ~ abstentions Chairman Rose said that this PA was originally tagged to the PA allowing the Mayor to vote, but according to State Law, .the two have been separated. Chairman Rose said that he would encourage the residents to vote the same way on both amendments. Council member Moss is not in favor of the Mayor voting on all matters. Council member Edstrom questioned the rationale and the factual detail that increasing the Council by one, would increase the combined intelligence. Edstrom quoted from Blodgett's Model City Charter that small councils are more effective and requested this quote be included should this PA move forward. Edstrom said that the majority of cities with seven Councilmembers was driven by terms and believes the Mayor should lead above the fray and does not believe that people have ever doubted where Mayor Sanders stands on an issue. This document should be based on the form of government, not who is in office at the time it is amended. I, Council member Wilson favors adding one Councilmember as it increases the Town's representation. Wilsonl agreed that the Town may not need another Councilmember now, but will in the future. 2 Commissioner Downey explained that adding one Councilmember increases intelligence of the entire Council and was not intended to insult anyone member's intelligence. Commissioner Downey is not a strong proponent of the Mayor voting but feels the citizens should decide. In favor -Wilson Mixed ­ Not in favor -Edstrom Staff would like additional direction from the Council. 2) Change from At-Large to At-Large-by-Place Elections • Rationale: Place gives a candidate the ability to run directly against an incumbent, increasing direct accountability from those elected. Place increases the number of races per election, and potentially reduces campaign costs. Place eliminates unused votes: i.e., the necessity to prioritize votes and only vote for one person when three votes are available with three open seats. Place utilizes plurality voting in this two year application. Place is used by Decatur, Roanoke, Keller, Southlake, Colleyville, Grapevine, Flower Mound and Denton (249,809). 87% of Texas Home Rule cities utilize a place system (TML THRC)., • Commission Vote: ---2.-in favor L opposed ~ abstentions Chairman Rose explained the difference between place and wards. Council member Moss does not object to election by place. Council member Edstrom gave statistics of how the cities referenced vote by place and referenced Blodgett's Model City Charter that the at-large system gives the government the ability to represent the city as a whole. ' Council member Wilson said considering Meet the Candidates Forum, the citizens rely on Council's debate., Candidates should accept the challenge when choosing to compete in the individual competition such as running for office. Mayor Sanders said that he favors this idea based on this information. In favor -Sanders, Wilson and Moss Mixed ­ Not in favor -Edstrom Consensus of the Council was to move forward. 3) Add Three Year Terms • Rationale: Three year terms afford more efficiency in the election process, learning and service as a Council member. Roanoke, Southlake, Colleyville, Grapevine, Euless and Bedford have three year terms (179,181). Three year terms are a step toward the NCL standard of four years. • Commission Vote: -JL in favor ~ opposed ~ abstentions Council members Moss and Strother like three year terms but not necessarily the challenges that go along with three year terms. I , In favor -Sanders and Wilson Mixed -Moss and Strother Not in favor -Edstrom 3 Consensus of the Council was to move forward. 4) Resignation of Council Member Seat • Rationale: Eliminates cost of follow-up election if candidate is successful in election to new position. Similar to the requirement set forth in the Texas Constitution for terms greater than two years. • Commission Vote: ~ in favor ~ opposed ~ abstentions Bob Downey said this was a point of contention when the original Charter was passed and the consensus of the three original Charter Commission members was that it would be one of the first amendments they sought. In favor -Wilson Mixed ­ Not in favor ­ Consensus of the Council was not to move forward. 5) Add Violates Any Express Prohibition of this Charter • Rationale: Improves probability of Charter adherence by moving the action point for enforcement of an expressly prohibited Charter violation from a citizen driven recall to Council action. Immediate access to investigative powers is enhanced at Council level. Found in Decatur, Southlake and Flower Mound charters. Follows NCL MCC guidance. • Commission Vote: ~ in favor ~ opposed ~ abstentions Town Attorney Adams voiced a liability concern as Thou shall is subjective. Council member Edstrom questioned how the Council with only five votes can remove someone from office when. they were elected by a larger number of the citizens. Mayor Sanders and Council member Edstrom requested the CRC provide specific violation for additional consideration. In favor­ Mixed ­ Not in favor -Sanders and Edstrom Consensus of the Council was not to move forward. 6) Filling Vacancies • Rationale: Updates the filling of vacancies procedure to align with the Texas Constitution and Texas Election Code. The Mayor Pro-Tem office is an important backup to the Mayor and should be promptly filled if vacated. • Commission Vote: ~ in favor ~ opposed ~ abstentions Town Attorney Adams said this PA, as recommended, could only happen in the event of a three year term ..: Adams said that she would add language to align with Texas Election Code. In favor­ Mixed ­ Not in favor ­ Consensus of the Council was to move forward. 4 7) Add Council Compensation • Rationale: Significantly increased workload with budget and Town development. Municipal Utility Directors have been compensated for several years. Roanoke's Council is compensated in its new charter. Council members are compensated throughout Texas. • Commission Vote: -lL in favor ~ opposed ~ abstentions Commissioner Downey said that some proposed amendments will require more work from the Council. The citizens should vote on compensation for the Council considering the time they volunteer. Council member Edstrom said she would not accept money as this is her public service to her community. Town Manager Emmons said based on the PA the impact to budget would be approximately $15,000. Mayor Sanders said the word shall means you must, if a Council member refuses, they would be in violation of the Charter. Commissioner Klauss explained that it is not the money but rather the spirit and recognition of the work and time the Council volunteers and dedicates to the community. The Council agreed to move this forward providing language allowing them the option to refuse compensation is included. 8) Add Mayor Voting On All Matters • Rationale: The Mayor votes on all issues in Fort Worth, Dallas, Decatur, Southlake, Colleyville, Grapevine, Euless, Bedford and Denton (1,985,383). National survey figures show 70% of Mayors vote on all matters. Follows NCL MCC guidance and may enhance the Mayor's ability to lead. TML's THRC states, council~ manager cities generally give their mayors the unrestricted right to vote. • Commission Vote: --&.-in favor -L opposed -JL abstentions Commissioner Downey said that althoL1gh he does not support this PA, he would like to see it put to the vote. Council member Wilson commented that residents have voiced their opinion and they would like to know where the Mayor stands on certain issues. Mayor Sanders said that he does state his opinion during the debate. Although not voting gives the Mayor some freedom as he only has to be concerned with conducting the meeting, there are times when he, as Mayor, wishes' he could vote. Council member Edstrom is not in favor as this does not enhance the Mayor's ability to lead. In favor -Wilson Mixed ­ Not in favor -Edstrom and Moss Consensus of the Council was to move forward. 9) Agenda Request • Rationale: Allows better utilization of Council time. Prevents a single member from monopolizing the Council agenda with a personal issue or issues without the known potential of a second on a motion. • Commission Vote: -lL in favor -JL opposed -il_ abstentions 5 Mayor Sanders said this PA is the intent of the Item for Future Agenda. Council member Edstrom feels that a Council member should have the ability to at least bring up an issue for Council's discussion. The Council said this PA will not keep their meetings from going late and that there have been major issues they have had to debate in the past months. Council agreed this should be operational and placed into the Town Council procedures. In favor­ Mixed ­ Not in favor -Edstrom, Moss and Wilson Consensus of the Council was not to move forward. 10) Conflict of Interest and Abstention Town Council Procedure • Rationale: Aligns with most recent Texas charters. Encourages preparation and engagement in the decision making process. Removes the availability of the "politically safe" abstention vote. • Commission Vote: .-1L in favor ~ opposed ~ abstentions Mayor Sanders said that this PA conflicts with Robert's Rules of Order. Commissioner Hobday said this is an efficiency measure for Council and requires them to declare their abstentions at the beginning of debate. The Council discussed abstaining from the vote to approve Council Minutes for a meeting in which they were absent and are concerned that under this PA would indicate a no vote. Mayor Sanders clarified that a Council member does not have to abstain from voting on the approval of the Minutes, as the vote is to approve the Minutes as the official copy. Consensus of the Council was not to move forward. 11) Clarify Appointment Procedure • Rationale: Removes a potential conflict within the Charter and aligns appointments with voting requirements found in Section 3.12. • Commission Vote: -1L in favor ~ opposed ~ abstentions In favor -Susan Edstrom Mixed ­ Not in favor ­ Consensus of the Council was to move forward. 12) Comply with Texas Election Code • Rationale: Aligns Charter with Texas Election Code and eliminates updating the Charter when Texas Election Code is revised. I, " • Commission Vote: -lL in favor ~ opposed ~ abstentions In favor­ Mixed ­ Not in favor ­ 6 Consensus of the Council was to move forward. / 13) Clarify Grounds for Recall • Rationale: Removes limitations and duplicates the power given to citizens of Dallas, Fort Worth, Denton, Colleyville, Euless, Decatur and Southlake (1,896,172). Follows NCL MCC guidance. • Commission Vote: --lL in favor -JL opposed -JL abstentions In favor -Wilson and Strother Mixed ­ Not in favor -Edstrom and Moss Consensus of the Council was to move forward. 14) Reduce Recall Signatures Required • Rationale: Increases availability of option to hold elected representatives responsible and accountable by reducing the barrier for initiation, while remaining within NCL standards. • Commission Vote: --lL in favor -JL opposed -JL abstentions Consensus of the Council was split; will move forward. 15) Reduce Required Signatures for Initiative and Referendum • Rationale: More closely aligns Council with comprehensive. citizen positions. Increases availability of Initiative and Referendum by the citizens while maintaining the threshold at a level that will discourage capricious citizen-initiated actions. NCL recommends 5-10% of the registered voters in the last election. Using "registered voters" rather than "voters in the last election" provides a more stable number and standard for action. • Commission Vote: --lL in favor _~ opposed -JL abstentions Consensus of the Council was split; will move forward. 16) Budget Process Enhancement •. Rationale: Firm milestones require the establishment of Council's goals early in the budget process and costs of service are compared with a representative sample of North Texas cities. Program and performance budgeting was adopted by the Texas Legislature for all departments within the State government. Fully adopts the NCL's MCC' guidelines for the program/performance budgeting cOr:1cept initiated i~ Trophy Club's Charter. • Commission Vote: l in favor -JL opposed -JL abstentions Council member Wilson said that this is a very good PA. Mayor Sanders added that it replaces some of the responsibilities of the Town Manager and Town Council. 7 Town Manager Emmons summarized from the discussion that the Charter should not delve too deeply into the daily operations and this PA does exactly that. Emmons said that some of the suggestions would be better incorporated into an Ordinance. Mayor Sanders and Council member Edstrom agreed that this PA would make the Charter too operational. They agree with goal planning and suggested this be included in a procedural document. . Commissioner Klauss explained that the extensive study of this section is a result of learning that specifics in the current Charter are not being followed. Town Manager Emmons responded that the specifics in questioned, although not included in the final budget books are presented to the Council during the budget process. The group agreed to move on as the members of the CRC Finance Sub-Committee; Williams, Brewster and Crosser were not represented. Council requested staff rewrite this PA prior to moving forward. 17) Franchise Term • Rationale: Enhances Council's latitude to respond in a manner most beneficial to the Town. • Commission Vote: l in favor --.Q...-. opposed --.Q...-abstentions Consensus of the Council was to move forward. 18) Code of Ethics and Conduct • Rationale: Ethics provisions are included in the most recent Texas charters and in current charteri reVISions. Follows NCL MCC guidance; "Ethics provisions foster public trust in the integrity of city government and serve as a check on improper or abusive behavior by city officials and employees". • Commission Vote: ~ in favor --.Q...-opposed ~_ abstentions Commissioner Quile explained this PA is not referring to minutia but to principle. Mayor Sanders questioned the word enforce and suggested it be replaced with recommend. In favor -Wilson, Moss and Strother Mixed ­ Not in favor -Edstrom Consensus of the Council was to move forward. 19) Charter Review Commission • Rationale: Requiring the establishment of a citizen Commission at intervals no greater than every four years ensures Charter currency and perspective, while reinforcing citizen ownership of the Charter. Charter amendments processed through a citizen commission are more thoroughly vetted than individual petitions, thereby ensuring Charter continuity and a professional product. The Charter may be amended at two year intervals by State law. Follows TML'S THRC Commission example. • Commission Vote: l in favor --.Q...-opposed --.Q...-abstentions The Council does not feel it necessary to keep the Commission active as Charter Amendment Election can only be held every two years (calendar) and agreed not to move it forward. 8 Motion to move out of the Committee of the Whole made by Wilson; seconded by Edstrom. Motion passed unanimously. Mayor Sand 13 rs requested an item discussing direction to staff regarding the Charter Amendments, the November 2008 Election and the Charter Review Commission be placed on the July 21,2008 Agenda. A.6 Adjourn. Motion to adjourn made by Edstrom; seconded by Strother. Motion passed unanimously. Motion to adjourn made by Quile; seconded by Briggs. Motion passed unanimously. Meeting adjourned at 11 :00 p.m. cioJe.JL...J--!--l-'hnJ.~/-­ Lisa Hennek, Town Secretary Town of Trophy Club, Texas 9"