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Council directs staff to reconstitute SEAC after state law raises industry-representation requirements
Summary
Staff briefed council on SB 1883's impact on the Capital Improvement Advisory Committee and council endorsed a six-member SEAC with a majority of industry representatives.
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The Flower Mound Town Council received a staff briefing on the effect of Senate Bill 1883 on the town's Capital Improvement Advisory Committee (commonly called SEAC) and directed staff to move forward with a reconstitution plan that meets the new statutory requirements.
Brian Wahltenberg, who identified himself as presenting on the Capital Improvement Advisory Committee and legislative changes, explained that SEAC is the committee the Local Government Code requires to help advise council on the town's capital improvement plan as it relates to impact fees and to provide semiannual monitoring. Under the existing Local Government Code (chapter 395) and prior local practice, Flower Mound used the Planning & Zoning Commission membership plus two industry representatives to fill SEAC and the related Smart Growth committee. Wahltenberg said the new law, effective Sept. 1, increases the required industry representation to at least 50% and removes the ability for the planning-and-zoning commission to automatically serve as SEAC.
Staff recommendation and council direction
Wahltenberg said staff recommended a six-member committee: three appointed municipal-board representatives (for example the P&Z chair, P&Z vice chair and the Transportation Commission chair) plus three industry representatives (the town's existing two industry appointees plus a new industry member). Council members discussed alternatives, including allowing delegates if a chair chose not to serve, and emphasized an appointments process done through the Town's existing boards-and-commissions interview process.
Council's clarifications and legal point
Town legal counsel (Brynn) advised council that appointments should be made by the council in the usual boards-and-commissions process rather than allowing an advisory committee member to unilaterally name a replacement. Council members asked staff to screen existing board applications to identify eligible industry candidates and to bring back formal ordinance or administrative changes to implement the new SEAC composition.
Next steps
Staff said they will prepare the formal appointment and charter changes to comply with SB 1883, add one additional industry representative to meet the fifty-percent industry rule, and separate SEAC from the Smart Growth Commission. The council indicated the town could use the regular fall boards-and-commissions appointment cycle to fill vacancies and meet the Sept. 1 effective date requirement for compliance at the next meetings.
