Loading...
Agenda Packet TC 02/06/2006Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, February 6, 2006 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Chris Chapman/Trophy Club Boy Scout Troop 937, and congratulating him on his achievement of the Eagle Scout Award. B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · May 13th Election · Citizen of the Year Community Development: · Roads & Infrastructure · Building Addition Finance: · Budget Update Information System: · Citation Management Software Update Parks and Recreation · Marshall Creek Park · Pool Operations Planning & Zoning ·Zoning Submissions DR Horton Country Club Maintenance Facility · Platting Submissions Trophy Club Country Club Construction Plans Eagle's Ridge II · Ordinances Outdoor Storage · ZBA 56 Cypress Court 18 Skyline Drive · Gas Well Police and Fire Services · Police Services Bureau · Fire Services Bureau B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. C.1 Receive update and presentation from the NISD Task Force and discuss and take appropriate action to provide further direction to the Task Force and staff. D.1 Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2001-14 in its entirety, and adopting a new Ordinance adopting a Town Council Procedures Policy for the Town Council of the Town of Trophy Club. D.2 Discuss and take appropriate action regarding a referendum or survey of the residents on the traffic calming pilot program. D.3 Discuss and take appropriate action to reschedule the regularly scheduled May 15, 2006 Council meeting to May 22, 2006 in order to satisfy Election Code requirements for official canvassing of the May 13, 2006 Election. D.4 Discuss and provide direction regarding the implementation of ASA (American Supporting Americans) program and provide an update on progress. D.5 Staff to provide Town Council with an update on the Year-in-Review Publication, Council to discuss and provide direction to staff. D.6 Discuss and take appropriate action to approve Minutes dated, January 23, 2006. D.7 Discuss and take appropriate action to approve minutes dated January 24, 2006. D.8 Items for Future Agenda. · Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005- 20. Ordinance to include possible inclusion on Recreational User Fees. (February 20, 2006) · Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (March 20, 2006) · Discuss and take appropriate action for a Road Maintenance District. · Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. · Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. · Status of street repairs and bonds, including recommendation. · Sale of Remaining Street bonds. D.9 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, 551.071 (a) & (b) "Consultation With Attorney", the Council will enter into executive session to discuss the following: A. Consultation with Town Attorney on pending or contemplated litigation or on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Texas Open Meetings Act (§551.071 (a) and (b)). (1) Town of Trophy Club, Texas v. Bryan W. Aldridge; Cause No. 2006-20009-158 (2) In re Bryan Aldridge, Cause No. 2-06-021-CV Second District Court of Appeals, Fort Worth E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. F.1 Adjourn. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.A.1 Call to order and announce a quorum. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.A.2 Invocation. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.A.4 Discuss and take appropriate action in regard to a Proclamation to recognize the outstanding achievement by Chris Chapman/Trophy Club Boy Scout Troop 937, and congratulating him on his achievement of the Eagle Scout Award. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1.Proclamation TOWN OF TROPHY CLUB PROCLAMATION NO. 2006-___ BOY SCOUT TROOP 937 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE THE LEADERS AND MEMBERS OF BOY SCOUT TROOP 937 WHO REPRESENT OUR TOWN AND THEIR TROOP; WHO BY THEIR PARTICIPATION AND DETERMININATION BRING HIGH HONOR TO THE TOWN AND ALL OF OUR RESIDENTS; RECOGNIZING AND CONGRATULATING CHRIS CHAPMAN ON HIS ACHIEVEMENT FOR EARNING THE EAGLE SCOUT AWARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is fortunate to be home to residents of all ages who participate, lead, coach and in other ways support organized Scouting activities in the Town; and WHEREAS, the Town of Trophy Club is fortunate to have the support of the Troop leaders and the parents who support our scouts in these activities; and WHEREAS, the Town Council of the Town of Trophy Club desires to recognize Chris Chapman of Troop 937 for his outstanding achievements and perseverance. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, recognizes and congratulates Chris Chapman for attainment of the Eagle Award as the highest rank that Scouting offers. 2006 Eagle Scout Chris Chapman Section 2. That the Town of Trophy Club acknowledges Chris Chapman as having distinguished himself through his continued, active service in Scouting. His outstanding effort, dedication and commitment to excellence that are the source of high community pride and that have resulted in significant positive recognition for our Town. Section 3. That this Proclamation shall become effective from and after its date of passage in accordance with law. __________________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] __________________________________________ Town Secretary Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · May 13th Election · Citizen of the Year Community Development: · Roads & Infrastructure · Building Addition Finance: · Budget Update Information System: · Citation Management Software Update Parks and Recreation · Marshall Creek Park · Pool Operations Planning & Zoning ·Zoning Submissions DR Horton Country Club Maintenance Facility · Platting Submissions Trophy Club Country Club Construction Plans Eagle's Ridge II · Ordinances Outdoor Storage · ZBA 56 Cypress Court 18 Skyline Drive · Gas Well Police and Fire Services · Police Services Bureau · Fire Services Bureau Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.C.1 Receive update and presentation from the NISD Task Force and discuss and take appropriate action to provide further direction to the Task Force and staff. EXPLANATION: Per Council request, the NISD Joint Use Task Force has explored various opportunities for shared utilization of the new high school and will provide a progress update. RECOMMENDATION: We recommend the Task Force continue working to complete their objectives. ACTION BY COUNCIL: aa/bg/ru Attachments: Power Point Presentation to be given at Council meeting COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.D.1 Discuss and take appropriate action regarding an Ordinance repealing Ordinance No. 2001-14 in its entirety, and adopting a new Ordinance adopting a Town Council Procedures Policy for the Town Council of the Town of Trophy Club. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Ordinance 2. Exhibit A TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2006-__ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-14, THE SAME BEING AN ORDINANCE ADOPTING A TOWN COUNCIL PROCEDURES POLICY FOR THE TOWN COUNCIL OF TROPHY CLUB; AND ADOPTING NEW PROVISIONS FOR A TOWN COUNCIL PROCEDURES POLICY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the July 2, 2001, the Town Council enacted Ordinance No. 2001-12, an Ordinance repealing Ordinance No. 2001-12 in its entirety, and adopting a new Ordinance prescribing standards for Town Council Member attendance procedures, by adding criteria to Section 3.2 of Exhibit “A”, entitled “Rules of Procedure” and by incorporating provisions relating to absences; and WHEREAS, since the passage of Ordinance No. 2001-14, the Town Council has identified the need to adopt a procedural rule relative to Council Member attendance in order to comply with the Town Charter; and WHEREAS, the Town Council has determined it to be in the best interest of the Town of Trophy Club, to repeal Ordinance No. 2001-14 by adopting new provisions setting forth Rules of Procedure for the Town Council and adopt a new Ordinance setting forth Rules of Procedure as specified in Exhibit “A”, a copy of which is attached hereto and incorporated herin. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. ADOPTION OF PROVISIONS That the Town Council procedures policy attached hereto as Exhibit “A”, entitled “Rules of Procedure”, and incorporated herein for all intents and purposes, has been established and is hereby adopted as the Town Council Rules of Procedure Policy for the Trophy Club Town Council. SECTION 3. CUMULATIVE, REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance; provided however, that Ordinance No. 2001-14 is hereby repealed. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to Ordinance No. 2001-14 on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Town Council procedures policy, which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 6th day of February, 2006. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _________________________________________ Town Attorney Town of Trophy Club, Texas EXHIBIT “A” RULES OF PROCEDURE 1. AUTHORITY 1.1 Ordinance: As stated in Ordinance number 2006-__ passed and approved on the 6th day of February, 2006. 2. GENERAL RULES 2.1 Meetings to be Public: All official meetings of the Town Council and all sessions of a Committee of the Town Council shall be public. 2.2 Quorum: The governing body of the Town consists of a Mayor and five Council members. Attendance at a Council meeting by a majority of the Council members constitutes a quorum. However, if a meeting is a special called meeting or a meeting to consider the imposition of taxes, a quorum consists of two-thirds of the Council members. For example, three of five Council members constitute a quorum under ordinary circumstances at a regularly scheduled Council meeting, but four of five Council members constitute a quorum at a special called meeting or a meeting to consider the imposition of taxes. 2.3 Attendance: As specified in the Town Charter, should a member of the Town Council fail to attend three consecutive regular meetings without being excused by the Council, his/her office may be declared forfeited by the Council. A member of the Town Council who is unable to attend a Council meeting shall notify the Town Secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Notice to the Town Secretary shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The Town Secretary shall notify the Council of the absence prior to the beginning of the Council meeting from which the member will be absent. Prior notification to the Town Secretary in accordance with this policy shall qualify an absence as “excused” by the Council without the need for further action by the Town Council. 2.4 Misconduct: The Town Council may punish its own members for misconduct. 2.5 Minutes of Town Council Meetings: An account of all proceedings of the Town Council shall be kept by the Town Secretary and shall be entered into a book constituting the official record of the Town Council. 2.6 Questions to Contain One Subject: All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 Right to Floor: Any Town Council member desiring to speak shall be recognized by the Chairman/Mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 Town Manager: The Town Manager, or Acting Town Manager, shall attend all meetings of the Town Council unless excused. Town Council members may make recommendations to the Town Council and shall have the right to take part in all discussions of the Town Council, but shall have no vote. 2.9 Town Attorney: The Town Attorney, or Acting Town Attorney, shall attend all meetings of the Town Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The Town Attorney shall act as the Town Council’s parliamentarian. 2.10 Town Secretary: The Town Secretary, or Acting Town Secretary, shall attend all meetings of the Town Council unless excused, and shall keep the official minutes and perform such other duties as may be requested of him/her by the Town Council. 2.11 Officers and Employees: Any officer or employee of the Town; when requested by the Town Manager, shall attend any meeting of the Town Council. If requested to do so by the Town Manager, they may present information relating to matters before the Town Council. 2.12 Rules of Order: Robert’s Rules of Order Newly Revised shall govern the proceedings of the Town Council. 2.13 Suspension of Rules: Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the Town Council. The vote on any such suspension shall be taken by a show of hands and entered into the record. 2.14 Amendment to Rules: These rules may be amended, or new rules adopted by a majority vote of all members of the Town Council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Town Council meeting. 3. TYPES OF MEETINGS 3.1 Regular Meetings: The Town Council shall meet in the Council/Board Room at the Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas on the first and third Monday of each month to be scheduled for 7:30 p.m. o’clock, unless otherwise officially changed by the Town Council. At 11:00 p.m. a record vote shall be taken to determine if the meeting shall continue past 11:00 p.m. 3.2 Special Meetings: Special meetings may be called by the Mayor or by any three members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. 3.2.1 Emergency Meeting: In case of emergency or urgent public necessity, which shall be expressed in notice of the meeting, an emergency meeting shall be called by the Chairman/Mayor or on the application of three (3) members of the Town Council, and it shall be sufficient if the notice is posted two (2) hours before the meeting is convened. 3.3 Recessed Meetings: Any meeting of the Town Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Public Hearings: All meetings shall be held in full compliance with the provisions of state law and ordinances of the Town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. The Town Secretary shall set public hearing dates for the Town Council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the Town Council. 4. CHAIRMAN AND DUTIES 4.1 Chairman: The Mayor, if present, shall preside as Chairman at all meetings of the Town Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, the Town Council shall elect a chairman. 4.2 Call to Order: The meetings of the Town Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the Town Secretary. 4.3 Preservation of Order: The Chairman shall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. 4.4 Points of Order: All points of order shall be made to the Parliamentarian who shall then advise the Chair accordingly. The Chairman shall make the final determination on all points of order, subject to the right of any member to appeal to the Town Council. If any appeal is taken, the question shall be, “Shall the decision of the Chairman be sustained?” If a majority of the members present vote “no”, the ruling of the chair is overruled; otherwise it is sustained. 4.5 Questions to be Stated: The Chairman shall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. 4.6 Substitution of Chairman: The Chairman may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. 5. ORDER OF BUSINESS 5.1 Agenda: The order of business of each meeting shall be as contained in the Agenda prepared by the Mayor. The agenda shall be a listing of topics to be considered by the Town Council and delivered to members of the Town Council each Thursday preceding the Monday meeting to which it pertains. 5.2 Presentations by Members of Town Council: The agenda shall provide a time when the Mayor or any Town Council member may bring before the Town Council any business that the Town Council member believes should be deliberated upon by the Town Council. These matters need not be specifically listed on the agenda, but formal action on such matters shall be deferred until a subsequent Town Council meeting. Immediate action may be taken upon a vote of two-thirds of all members of the Town Council who are present, provided that the requirements of Chapter 551 Texas Government Code have been met. 5.3 Agenda Deadline: Any Town Council member or Committee Chairperson desiring to present a subject for the Town Council’s consideration shall advise the Town Secretary’s office in writing of that fact not later than 10:00 a.m. on Friday, (10 days prior) to the meeting at which the Town Council member wishes the subject to be considered. 5.4 Presentations by Citizens: Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the discretion of the Chair to reasonably extend those limits. Citizens must turn in a completed “Request to Speak” form to the Town Secretary. Presentations by representative(s) of organized groups, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the discretion of the Chair to reasonably extend those limits. . A “Request to Speak” form must be completed and turned in to the Town Secretary. The foregoing rules and time limitation do not apply to citizens appearing at a public hearing being held by the Town Council pursuant to any official notice thereof. All citizens shall refrain from private conversations in the chamber while the Town Council is in session. Citizens attending Town Council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Town Council or while attending the Town Council meeting, shall be removed from the room if the Chief of Police (or his representative) is so directed by the Mayor/Chairman, and such person shall be barred from further audience before the Town Council during that session of the Town Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Mayor/Chairman, who shall direct the Chief of Police to remove such offenders from the room. In case the Chairman shall fail to act, any other of the Town Council may move to require the Chair to enforce the rules, and the affirmative vote of a majority of all members present of the Town Council shall require the presiding officer to act. No placards, banners or signs of any kind shall be permitted in the Council Chamber unless exhibits, displays and visual aids are used in connection with presentations to the Town Council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. 5.5 Oral Presentations by Town Manager: Matters requiring the Council’s attention or action which may have developed since the deadline for delivery of the written communication to the Council may, upon approval of the Council, be presented orally by the Town Manager. 5.6 Seating Arrangements: The Town Secretary, Town Attorney, and Chief of Police shall occupy the respective seats in the Council Chamber assigned to them by the Chairman/Mayor, but any two (2) or more of the Town Council may exchange seats. 6. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 6.1 Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Town Council only in printed or typewritten form. 6.2 Town Attorney to Approve: All ordinances and resolutions shall be approved as to form and legality by the Town Attorney. 6.3 Distribution of Ordinances: The Town Secretary shall prepare copies of all proposed ordinances for distribution to all members of the Town Council at the meeting at which the ordinance is introduced, or at such earlier time as is expedient. 6.4 Recording of Votes: The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the Council. 6.5 Majority of Vote Required: Approval of every ordinance, resolution, or motion shall require the affirmative vote of a majority of all members of the Town Council in attendance. 6.6 Tie Vote: In the event of a tie in votes on any motion, the Mayor may vote to break the tie. 7. RULES OF DECORUM 7.1 Recognition by Chairman/Mayor: No person shall address the Town Council without first being recognized by the Chairman/Mayor. 7.2 Order: While the Council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the Chairman/Mayor. Members of the Town Council shall not leave their seats during a meeting without first obtaining the permission of the Chairman/Mayor. 7.3 Chairman/Mayor May Debate and Vote: The Chairman/Mayor may move only to such limitations of debate as are the rights and privileges of a Town Council member by reason of his acting as the Chairman/Mayor. If the Chairman/Mayor is engaged in debate and is abusing his position as chairman, at the insistence of any three Council members, the Chairman/Mayor member must relinquish the chair in accordance with provisions of Robert’s Rules of Order Newly Revised. 7.4 Getting the Floor, Improper References to be Avoided: Every member desiring to speak shall address the chair, and upon recognition by the Chairman/Mayor shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. 7.5 Interruptions: A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the Town Council member shall cease speaking until the question of order be determined and, if in order, the Town Council member shall be permitted to proceed. 8. PARLIAMENTARY MOTIONS AND PRECEDENCE Requires 2nd Debatable Amendable A Majority Vote of Those Present 1. To adjourn Yes No No Yes 2. To take a recess Yes No Yes Yes 3. To commit, refer, or recommit to committee Yes Yes Yes Yes 4. To amend Yes Yes Yes Yes 5. To amend an amendment Yes Yes No Yes 6. To postpone indefinitely Yes Yes No Yes 7. To table Yes No No Yes 8. Calling the question No No No Yes 9. Objecting to consideration of a question No No No 2/3 8.1 Discussion of Items: Each agenda item shall be considered open for discussion when announced by the Chair; thus, a main motion to consider the item is not necessary as a prerequisite to discussion. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for Council discussion, such member shall state that he or she “objects to the consideration of the question”. This action does not require a second. When the objection is made, the Chair shall immediately call the question: “Will the assembly consider this question?” If 2/3 of the members vote “no”, the question cannot be introduced. An objection to consideration of a question must be made when the item is first introduced and before it has been debated. A motion for appropriate action shall be made after discussion of an item has been concluded. 8.2 Motions: After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. A “Second” to the motion must be made by another Town Council member within a reasonable but brief time period. Without a “second” the motion dies. No main motion can be made when another motion is pending. 8.3 Withdrawal of Motions: A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Chairman/Mayor. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. 8.4 Stating the Question: In principle, the Chairman/Mayor must state the question on a motion immediately after it has been made and seconded, unless the Council member is obligated to rule that the motion is out of order or if the wording is not clear. 8.5 Amendments to Motions: No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 8.6 Debate: Debate must be limited to the merits of the immediately pending question as stated by the chair and by authority of the Chairman/Mayor. 8.7 Calling for the Questions: The Chairman/Mayor may “call for the question” without a vote if debate appears to have closed and if there are not objections by any Council member. Any Council member may “call for the question” to take the vote on the immediately pending question and such other questions as are specified in the motion. The Chairman/Mayor then shall take a vote of the Council to close debate. 8.8 Point of Order or Parliamentary Inquiry: A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The Chairman/Mayor will decide the question or may refer to the Town Attorney for a ruling. The Chairman/Mayor’s decision is subject to appeal to the Town Council. 9. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS 9.1 Council Committees: The Council may, as the need arises, authorize the appointment of “ad hoc” committees. Except where otherwise specifically provided, the Mayor shall appoint the members of the “ad hoc” committees, subject to the approval of the Town Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Town Council. 9.2 Citizen Boards, Commissions, and Committees: The Town Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify. Memberships and selection of members shall be as provided by the guidelines in Resolution No. 1999-36 to appoint committees. Any committees, boards, or commissions so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Town Council. No committee so appointed shall have powers other than advisory to the Town Council, except as otherwise specified by the laws of the State of Texas. COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding a referendum or survey of the residents on the traffic calming pilot program. EXPLANATION: Staff requests direction from the Council on how they would like to proceed. RECOMMENDATION: ACTION BY COUNCIL: COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.D.3 Discuss and take appropriate action to reschedule the regularly scheduled May 15, 2006 Council meeting to May 22, 2006 in order to satisfy Election Code requirements for official canvassing of the May 13, 2006 Election. EXPLANATION: As prescribed by the Election Code the timeframe to canvass the May election is May 16 - 24. Currently the regularly scheduled Council meetings are set for May 15th and June 5th. In order to comply with the canvas requirement, a special meeting during this time will need to be called, or the May 15th meeting could be rescheduled to May 22nd. RECOMMENDATION: Reschedule meeting to May 22nd ACTION BY COUNCIL: (lmr) Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.D.4 Discuss and provide direction regarding the implementation of ASA (American Supporting Americans) program and provide an update on progress. EXPLANATION: Item requested by Council member Cates. RECOMMENDATION: ACTION BY COUNCIL: (Initials) Attachments: 1. Resolution 2005-31 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE TOWN OF TROPHY CLUB TO ADOPT A UNIT THROUGH THE AMERICA SUPPORTING AMERICANS (ASA) PROGRAM; DESIGNATING A PERSON TO SERVE AS LIAISON BETWEEN THE TOWN, THE ADOPTED UNIT, AND ASA; AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, American military forces are either engaged in defending or are prepared to defend and support American interests and principles, and WHEREAS, the Adopt-a-Unit program created by America Supporting Americans on March 4, 1968 provides a mechanism whereby all branches of the United States Armed Services can be "adopted" by American communities, and WHEREAS, the purpose of this adoption program is to create a bond between American communities and the military men and women who bravely serve their country, and WHEREAS, this bond is intended to support the morale of said service men and women without regard to individual political ties or affiliations, and WHEREAS, in recognition of the challenges confronting American service men and service women, it is appropriate and fitting that the Town of Trophy Club, Texas show its support by adopting a unit, ship or squadron. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1: That the Town Council of the Town of Trophy Club hereby adopt and offer its ongoing respect and support, in time of war and in time of peace, to the following unit/ship/squadron: ________________________________, Section 2: That the Town Council, or other comparable civic authority, hereby designates the following individual as the official, primary liaison between this community, the newly adopted unit/ship/squadron, and America Supporting Americans, as the organization which has facilitated this adoption: Steven Kohs. All contact information for this individual is included in the Adoption Agreement Form accompanying this Adoption Resolution. Section 3: The Town of Trophy Club, Texas hereby encourages all Town employees, businesses, service clubs, charitable organizations, and private citizens to become involved in supporting this adoption. Section 4: That the Mayor is hereby authorized to add to this Resolution the name of the unit/ship/squadron assigned to the Town for adoption by America Supporting Americans without further action on the part of the Town Council and to execute all necessary documents related to the Town’s participation in this program. Section 5: A copy of this resolution shall be posted in a central, public place and shall be sent to the NCTCOG urging participation in this cause. Section 6: That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 24th day of October, 2005. ____________________________________ Mayor Town of Trophy Club, Texas ATTEST: ___________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________ Town Attorney Town of Trophy Club, Texas COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.D.5 Staff to provide Town Council with an update on the Year-in-Review Publication, Council to discuss and provide direction to staff. EXPLANATION: We have been working on the Year In Review and will share our progress with the Town Council at this meeting with the intent to bring the final draft to the Council at the February 20th meeting for your approval. RECOMMENDATION: ACTION BY COUNCIL: (rau) Attachments: 1. None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.D.6 Discuss and take appropriate action to approve Minutes dated, January 23, 2006. EXPLANATION: Minutes not placed on the Consent Agenda due to Council member Edstrom’s absence. RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1.Minutes dated January 23rd, 2006 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 23, 2006 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, January 23, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Pam Cates Mayor Pro Tem Roger Williams Council Member Beverly Foley Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Roger Unger Interim Town Manager Lisa Ramsey Town Secretary Beth Ann Gregory Community Development Director Patricia Adams Town Attorney Adam Adams Parks and Recreation Director Randy Briggs Police and Fire Services Director A.1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Invocation. Mayor Sanders gave the invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." Mayor Pro Tem Cates led the pledges. A.4 Mayor's presentation to Council member Scott Spence, acknowledging his four years of service on the Town Council. Mayor Sanders acknowledged Scott Spence and thanked him for the time that he dedicated to serving the Town. Scott Spence accepted began by saying that he respects everyone that he has had the opportunity to work with and that his tenure on the Town Council was a huge educational opportunity, one that he encourages others to get involved with. Mr. Spence complimented the staff and expressed his appreciation for being allowed to participate in the Town’s government. B.1 Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. No presentations. B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Roger Unger, Interim Town Manager gave the following update: Administration: Court – Possession of Fireworks Fine Increased: Due to the high fire danger, the Municipal Court Judge has increased the fine for fireworks possession to $225.00 and to $290.00 for the discharge of fireworks. Electronic Marquee: There have been connectivity issues with the electronic marquee on Trophy Wood Drive. We believe we now have it fixed. We are still trying to sort out what works best with respect to message size and timing. Council input would be appreciated. Community Development: Roads, Traffic & Infrastructure Staff has a meeting scheduled with TxDOT this week to discuss making changes to the signal light at Trophy Lake and 114 facilitate out bound traffic flow and the possibility of adding an acceleration lane as you enter westbound Hwy. 114 from Trophy Lake Drive. Traffic Study – The update of our existing traffic conditions report should be complete in the next few weeks and will be brought to Council when complete. Building Addition Building Addition – The project continues to progress ahead of schedule. Installation of the windows and exterior doors, sheetrock and roofing material are currently in progress. The building should be dried in by Thursday. Permitting – Commercial occupancy in Trophy Club has reached an all time high. The Plaza (Trophy Lake & Hwy 114) has 125,373 sq. ft. of retail space of which 88% is occupied and the Village (Trophy Club & Hwy 114) has 37,279 sq. ft. of retail space of which is 95% occupied. Finance: First Draft FY 2004-2005 Audit: We have received the first draft of the fiscal 2004/2005 audits for the Town and MUDs. The staff has reviewed them and requested the auditors to make some corrections. The Ways and Means Advisory Group will review the next draft at their January 30th meeting. FY 2006-2007 Budget: The staff has started doing the preliminary work to begin the budget process for fiscal 2006/2007. We anticipate a budget workshop with the Town Council in early March. Parks and Recreation: Swim Season: Swim season preparation is underway with the season dates, lesson times, and the revised web site information to be posted this week. Remote Airfield at Marshal Creek Park: The remote airfield at MCP has been cleared with topography and a grading plan to be submitted to the COE Beck Park: The EDC4A funded improvements at Beck Park have been completed Landscaping Improvements – Indian Creek Street Project: The Landscaping phase of the Indian Creek Street Project has begun with a completion date in late March/early April. Planning & Zoning: Zoning Submissions - DR Horton: DR Horton is still in the process of preparing changes to their zoning application. The next P&Z workshop date has not yet been determined. Country Club Maintenance Facility: The Maintenance Facility for the Country Club is currently within Hogan’s Glen property. The Beck’s are in the process of relocating the facility just east of the Wastewater Treatment Plant. Staff is in the process of reviewing the site plan. This item is tentatively scheduled for an agenda in March. Platting - Eagle’s Ridge: Staff has received the revised construction plans and the Town Engineer is currently reviewing them. Trophy Club Country Club: The Country Club is in the process of platting their land. The plat will cover approximately 290 acres. Staff is in the process of reviewing the preliminary plat, which should be on one of the Commission's meeting agendas in February. Police and Fire Services: Police Services Bureau - Inter-Department Survey: The survey is currently being conducted. Department Needs Assessment RFQ: Concluded initial assessment of RFQ for Department (Fire and Police) Needs Assessment. Selected 5 firms to submit a RFP by 20 Feb 2006 for review. Department Website Update: Updating Departmental website to include: (1) Internet Fraud, (2) Links to additional law enforcement agencies, (3) Graffiti, (4) Driving While Intoxicated, (5) Identity Theft, and (6) Silent Witness (Crime Stoppers) Fire Services Bureau - Gas Well Decibel Readings: Taking noise level readings on gas wells due to complaints from citizens. CPR Classes: Concluded CPR Classes for Residents and Staff had a total of 28 students completed the "CPR for Friends and Family" course and another 25 students including staff members from the Police and Public Works departments attended the "HeartSaver CPR" course. We are sponsoring an additional "Heart Saver" course on Feb 18 from 1:00 pm to 4:00 pm. UASI Grant: Received permission to purchase equipment from the UASI Grant. Emergency Power Generator and Radios. B.3 A Proclamation of the Town Council of the Town of Trophy Club recognizing the 100th Anniversary of the Star-Telegram. Mayor Sanders proclaimed and recognized the 100th Anniversary of the Star-Telegram by presenting Steve Jacob, Publisher of the Star Telegram NE Metro with a proclamation. Council member Williams made a motion to approve the Proclamation; Council member Foley seconded. Motion passed unanimously. Mr. Jacob graciously thanked the Town Council for the reorganization. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION *REGULAR SESSION D.1 Town Council to discuss and take action to direct staff to prepare an amendment to the Schedule of Fees Ordinance adopting additional recreational user fees. Parks and Recreations Director, Adam Adams advised the Council that the P & R Board considered implementing Sports and Association fees, Tournament fees and Resident Pool fees however, the Board recommends that the Council decline implementing fees for any of these purposes. Council member Williams expressed that most cities charge fees for use of the pool and believes that the Town should charge a nominal fee as well as charge an association fee for tournaments beyond the season. Council member Foley agreed that there should be a pool fee. Mayor Pro Tem Cates believes that if the Town is going to implement fees, they should be fair to the entire community and should be consistent for all programs. Council member Williams made a motion directing staff to bring back potential costs for usage fees; Council member Foley seconded. Interim Town Manager, Roger Unger, asked that for clarification if the motion was for charging fees in 2006. Council member Williams amended his motion to include that the fees be applied to 2006; the second agreed. Council member Williams amended a third time, requesting that staff present the figure at the February 20th meeting; the second agreed. Motion passed 2; 1; with Council member Williams and Foley voting for and Mayor Pro Tem Cates against. Mayor Sanders requested that this item be added to list of items for future agendas. D.2 Discuss and take appropriate action to award or reject a bid for the installation of a pre-engineered metal maintenance/operations building to be located adjacent to the wastewater treatment facility. Mr. Adams, advised that this 40’ x 100’ building will be jointly shared with the M.U.D and is necessary to house equipment and conduct maintenance operations. Mr. Unger added that total bid tabulation is 158,000, to include a 20-foot approach that a change order has been submitted. Council member Williams made a motion to authorize the bid; Council member Foley seconded. Motion passed unanimously without any discussion. D.3 View and discuss presentation by Public Safety Advisory Group regarding research relative to garage sale traffic and past traffic concerns; Town Council to provide direction to staff regarding same. Randy Briggs, Director of Police and Fire Services, advised that the Public Safety Advisory group met in December and came up with three suggestions; to increase date of the garage sale to twice a year and limit the number of participants, to require post and park on only one side of the street, which would be labor intensive with an unknown cost due to the late entries, or do away with the garage sale, which is not realistic. Mayor Pro Tem Cates suggested that the Women’s Club hand out a brochure requesting that the residents park on the right side of the street. Chief Briggs advised that the Department could not enforce this request, as it is not an ordinance, but that it could be a recommendation from Town Council. Council member Foley included that while requesting this in a brochure is good idea, however very few would actually read it and it would not be enforceable. Council member Williams acknowledged that this is an ongoing problem that is only exasperated by the garage sale. Williams suggested that discussion for the placement of no parking signs be placed on a future agenda. Bob Radder, 1 Lee Court and a member of the Public Safety Advisory Group suggested possible enforcement of the start time of the garage sales as well as temporary no parking signs due to special/community events. Patricia Adams, Town Attorney confirmed that the ordinance would need to be revised order to enforced and issue tickets and suggested that the permit language would need to be changed, stipulating that the group place their own signs. Council member Foley advised that if we make this too burdensome, people are not going participate. Mayor Sanders confirmed that no action would be taken. Mayor Pro Tem Cates commented that it is only a matter of time, before this issue will have to be addressed. D.4 Town Council to discuss and direct staff relative to the distribution of a Permitting and Code Compliance brochure. Beth Ann Gregory, Community Development Director, explained that at the Council’s request, staff created a Permitting and Code Brochure, which would cost approximately $425 to print, fold and distribute with the water/trash bills. Because the Year-In-Review will not be distributed my mail, budget money would be available to fund this project if approved by Council. Mayor Sanders suggested moving the disclaimer and place at the beginning in a summary format. Council member Foley suggested that the brochure be mailed once a year, particularly in spring. Ms. Gregory informed Council that there is a new resident package that is sent to all new residents that this brochure could be added to. Mayor Sanders specified that the brochure be included in the next water bills and then to go out on an annual basis. D.5 Items for Future Agenda. 1. NISD Task Force Update (February 6, 2006) 2. Year in Review (February 6, 2006) 3. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 4. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. 5. Status of street repairs and bonds, including recommendation. 7. Apartment Ordinance. Second meeting in March 20 meeting Per discussion on item D.1, Discuss and take appropriate action regarding an amendment to the Schedule of Fees Ordinance adopting additional recreational user fees will be added for the February 20th meeting. D.6 Additional Information for Council as provided by the Department of Police and Fire Services. Informational only. All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. D.7 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving an Interlocal Agreement between the Town and Denton County for the rental of Election equipment. D.8 Consent Agenda: Discuss and take appropriate action to approve financials dated December 2005. D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, January 9, 2006. Council member Foley made a motion to approve Consent Agenda, items D.7 – D.9 with the addition of Council member Edstrom’s name added to D.5 on the January 9th minutes; Council member RW seconded. Motion passed unanimously without discussion. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION at 8:07P.M. EXECUTIVE SESSION E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, Sections 551.074(a) "Personnel Matters" and 551.071 (a) & (b) "Consultation With Attorney", the Council will enter into executive session to discuss the following: A. To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act. (1) Selection of Town Manager applicants to be preliminarily interviewed by a phone screen, appropriate questions and information sought. (2) Discuss evaluation / performance review of Town Attorney Patricia Adams. B. Consultation with Town Attorney on pending or contemplated litigation or on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Texas Open Meetings Act (§551.071 [a] and [b]). (1) Town of Trophy Club, Texas v. Bryan W. Aldridge; Cause No. 2006-20009-158 (2) In re Bryan Aldridge, Cause No. 2-06-021-CV Second District Court of Appeals, Fort Worth TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 9:47 *REGULAR SESSION E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. Mayor Sanders advised that they are advising Ms. Adams to respond appropriately to the request from the Appellate Courts for information and opinion on Cause No. 2-06-021-CV Second District Court of Appeals, Fort Worth. F.1 Adjourn. Council member Williams made a motion to adjourn; Council member Foley seconded. Meeting adjourned at 9:45 * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 __________________________ ________________________________ Town Secretary, Lisa Ramsey Mayor, Town of Trophy Club, Nick Sanders COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.D.7 Discuss and take appropriate action to approve minutes dated January 24, 2006. EXPLANATION: Minutes not placed on the Consent Due to Council member Foley’s absence. RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Minutes dated January 24th, 2006. MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, January 24, 2006 4:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Tuesday, January 24, 2006. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Pam Cates Mayor Pro Tem Roger Williams Council Member Susan Edstrom Council Member TOWN COUNCIL MEMBERS ABSENT: Beverly Foley Council Member STAFF AND GUEST(S) PRESENT: Roger Unger Interim Town Manager Lisa Ramsey Town Secretary Beth Ann Gregory Community Development Director Patricia Adams Town Attorney Adam Adams Parks and Recreation Director Randy Briggs Police and Fire Services Director Kerin Fleck Planning & Zoning Coordinator Mike Pastor IS Manager Sakura Dedrick Financial Analyst A.1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 4:28 p.m. noting a quorum was present. A.2 Invocation. Interim Town Manager, Roger Unger gave the invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." Mayor Sanders led the pledges. A.4 Opening comments from the Town Manager. Roger Unger by reading through the topics to be discussed and asked that Council make suggestions. B.1 Strategic Planning Session - Budget Workshop. Town Council to discuss and provide direction to staff regarding the following: Infrastructure Water & Wastewater Facilities Street & Storm Sewer Rehabilitation, Construction, and Maintenance Park Land and Facilities Additional Park Facilities Additional Parkland Requirements Public Safety Facilities Fire Department Facilities & Equipment & Personnel Police Department Facilities & Equipment & Personnel General Community Facilities Additional Facility Needs for Citizens of Trophy Club Other Related General Topics B.2 Council to discuss and give staff direction on prioritization of strategic initiatives. C.1 Other business. D.1 Adjourn. Council member Williams made a motion to adjourn; Council member Edstrom seconded. Meeting adjourned at 9:10 * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 _____________________________________ ________________________________________________ Town Secretary, Lisa Ramsey Mayor, Town of Trophy Club, Nick Sanders COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.D.8 Items for Future Agenda. · Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20. Ordinance to include possible inclusion on Recreational User Fees. (February 20, 2006) · Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (March 20, 2006) · Discuss and take appropriate action for a Road Maintenance District. · Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. · Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. · Status of street repairs and bonds, including recommendation. · Sale of Remaining Street bonds. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.D.9 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. EXPLANATION: Annual Police Services and Fire Services Report. RECOMMENDATION: ACTION BY COUNCIL: (rcb) Attachments: 1. Information Memorandum Police Services The Trophy Club Police Department is comprised of four separate divisions, Patrol, Traffic, Criminal Investigation, and Community Service. Patrol The Patrol Division is responsible for 24-hour crime suppression, emergency and non-emergency calls for services and crime prevention. Calls for service include business checks, vacation checks, traffic stops, driving while intoxicated investigations, traffic law enforcement and officer initiated activity. 9 The Patrol Division was dispatched to 3084calls for service in 2005, an average of 257 calls per month. 9 For Part One Crimes and all in-progress calls, our response time remains among the best in the State. 9 Trophy Club Police Officers initiated 58misdemeanor arrests and 11 felony arrests in 2005. 9 Each year we are required to report all Part One Crimes to the FBI as part of the Uniform Crime Report or UCR. In 2005 we experienced 77 (Seventy-Seven) Part One Crimes down from 87 in 2004 and 84 in 2003. Making Trophy Club truly the “Safest in the Metroplex to live Dispatched Calls 31.09% Number of Written Reports 5.00% Traffic Stops 26.19% Out of City Assistance Calls 1.70% Misdemeanor Arrest 0.58%Felony Arrests 0.11% Accidents 0.38% DWI Investigations 0.11% Vehicle Searches 0.84% Parking Citations 15.58% Traffic Citations Non- moving 8.46% Traffic Citations Moving 9.95% T r a f f i c S t o p s T r a f f i c C i t a t i o n s M o v i n g T r a f f i c C i t a t i o n s N o n - m o v i n g P a r k i n g C i t a t i o n s V e h i c l e S e a r c h e s D W I I n v e s t i g a t i o n s A c c i d e n t s F e l o n y A r r e s t s M i s d e m e a n o r A r r e s t D i s p a t c h e d C a l l s N u m b e r o f W r i t t e n R e p o r t s O u t o f C i t y A s s i s t a n c e C a l l s 2598 987 839 1546 83 11 38 11 58 3084 496 169 Traffic The Traffic Division is responsible for motor vehicle collision investigations, traffic education, Transportation Law enforcement, escorts and general traffic movement. There were 38 motor vehicle accidents investigated in 2005. Criminal Investigations The Criminal Investigation Division investigates all offense reports. The CID investigated 407offenses in 2005 that resulted in 98 additional arrests/warrants or citations. The investigation of all violent crime resulted in cases cleared by arrest in almost half (46%) of the incidents, far above the national average. The clearance rate for the Criminal Investigation Division was 74.5% of all cases assigned. Currently 16 active cases are still under investigation FBI UCR Part I Crimes 2001 2000200520042003 2002 0 20 40 60 80 100 120 140 160 Years Re p o r t C r i m e s Number of Reported Offenses 2005 2004 2003 2002 2001 2000 % Change '04-'05 Criminal Homicide 0 1 0 0 0 0 -100.00% Forcible Rape 0 0 0 1 0 0 Robbery 0 1 0 1 1 0 -100.00% Assault 31 25 34 31 16 12 24.00% Aggravated Assault 2 0 0 0 0 0 Burglary (Breaking or Entering)9 9 10 20 36 26 0.00% Larceny (Theft) 32 47 36 37 79 44 -31.91% Motor Vehicle Theft 3 4 4 1 3 0 -25.00% Arson 0 0 0 0 0 0 TOTALS 77 87 84 91 135 82 -11.49% 2005 Accomplishments: 9 Awarded Safe and Drug-Free Schools and Communities (SDFSC) grant totally over $69,000 from the Governor’s Criminal Justice Division. The grant created a School Resource Officer for Medlin Middle School and re-established a First Offender Counseling Program for juveniles. 9 The Trophy Club Department of Public Safety formalized their relationship with a national program that assists in the search of missing children, the elderly (often with Alzheimer’s), and the disabled in the first critical hours of their disappearance. A Child Is Missing Alert works in tandem with the Amber Alert system and there are incidences where both programs might be activated. ACIM relays information to the public immediately. The only criteria are that a child or disabled person is missing. 9 Established Interlocal Governmental Agreements with Denton County for Emergency Management. 9 Entered in to the GREATER DALLAS-FORT WORTH REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE with an agreement with the governmental entities to form a law enforcement mutual aid task force to cooperate in the investigation of criminal activity; enforcement of the laws of this State; and, to protect health, life and property from riot, disaster, threat of concealed explosives, unlawful assembly characterized by force and violence or threatened violence by groups of three or more persons; and, 9 Established an INTER-JURISDICTIONAL PURSUIT POLICY AGREEMENT for the purpose and intent to coordinate law enforcement response to the emergency conditions caused by vehicular pursuits. 9 Trained two-law enforcement explorer teams for State Competition and brought home five (5) trophies, 1- First Place, 2-Second Place and 2- Third Places. Competed in State Explorer SWAT camp and was awarded 2nd Place overall, while distinguishing the post with the Top Explorer Advisor and 3rd in overall Explorer. 9 Developed the entire curriculum and educational materials for a new police academy and then graduated the second class of the Trophy Club Basic Peace Officer Academy in conjunction with Cedar Valley College in June 2005. 9 Emergency Management-Passed Town Resolution for National Incident Management System (NIMS) 9 Trained all Public Safety Personnel in the FEMA program for NIMS 9 Successfully completed Texas Commission on Law Enforcement Standards and Education (TCLEOSE) training phase for all Police Officers. 9 Director was appointed to National Committee on Public Safety Directors while attending the International Association of Chiefs of Police (IACP) in Miami, Florida. Community Service 2005 Accomplishments: 9 Active member of Denton County Child Advocacy Center. 9 Member of National Center for Missing & Exploited Children Network. 9 Researched, developed and implemented the “Texas Law and You” educational program. 9 Hosted 2nd Annual Scooter and Bicycle Training Class and Bike “Rodeo” with the Cub Scouts. 9 Developed Police Officers and Fire Fighters trading cards for 5th Graders with inspirational/motivational sayings. 9 Increased participation in the National Night Out Program. 9 Initiated Neighborhood Crime Watch Program within the Town of Trophy Club Overall, the Trophy Club Police Services Bureau had a very successful year of operation. We are always in a state of “Constant Improvement” and are here to serve with our motto of “SERVICE WITH INTEGRITY’ Fire/EMS The Trophy Club Fire and Emergency Medical Services has the responsibility and duty to preserve and protect the lives, property and environment of the citizens of Trophy Club from all elements of disaster, man-made or natural, through the provision of fire control, emergency rescue, emergency medical, fire prevention, fire inspections and community education services. Modern departments today rely on a vast number of resources with training and education as the corner stones. Involvement in organizations and associations within our response community is one of our most important resources. Currently our department is a member of the Northeast Fire Training Association (NEFTA). This Association includes 11 other Northeast Tarrant County fire departments and provides hazardous material (hazmat) response, bomb disposal, air supply, joint training and joint purchasing among members. More joint programs are being evaluated for future inclusion. Through this Association, Trophy Club could save thousands of dollars each year with the power of regional cooperation. During 2005 the Trophy Club Fire/Rescue Bureau had 43 fire related calls (7.67%), 373 Rescue and Emergency Medical services incidents (66.60%), 16 Hazardous Material Calls (2.85%), 49 False Alarms (8.75%), 2 Severe Weather and Natural Disaster Incidents (0.35%), and 51 Service Calls (9.10%). Fire/Rescue 2005 Stats 0 500 1000 1500 Type of Call 2005 48 373 16 51 49 2 21 560 2004 30 271 10 30 57 3 7 408 Fire Related Rescue Hazardous Conditions Service False Alarms Weather Related Other Total During 2005, the Fire / EMS (Emergency Medical Service) Department accomplished the following: 2005 Training Certifications Basic Firefighter 1 Firefighter Intermediate 1 Emergency Medical Technician 1 Command School 1 EMT-P Recertification’s 4 Driver Operator 5 Arson Investigator Basic 1 Officer Development IV 2 Instructor Intermediate 2 Haz-mat Competencies 8 TCFP Field Examiner 8 Advanced Vehicle Rescue 1 Fire Officer I 2 Methods of Teaching 1 Fire Officer II 3 Analysis and Course making 1 Fire Officer I Pro Board 2 Instructional Aids 1 Fire Officer II Pro Board 2 EMS Field Trainers 4 CPR Certification renewals 13 Training Classes: • In-House - Texas Fire Commission Driver / Operator Class (12) • In-House - Texas Fire Commission Field Examiner Class (8) Contract with Tarrant County Community College on all fire and EMS continuing education hours. Grant Acquisitions: 9 $80,000.00 under the Home Land Security Grant, Emergency Operation Center (EOC) Enhancement: 100 KW emergency generator and switching, communication equipment (handheld radio’s, base radio), laptop computers (2) 9 $2300.00 under the Texas Forest Service Grant: wild land fire gear (10 coats), computer (1) Special Projects: 9 Fire Prevention Week (1800 students) 9 Fire Prevention Open House (500 guests) 9 Hydrant Maintenance 9 Business Inspection Program 9 Emergency Management-Passed Town Resolution for National Incident Management System (NIMS) 9 Trained all Public Safety Personnel in the FEMA program for NIMS Grant Acquisitions: 9 $40,000 under Fire Act Grant,-Used to purchase physical fitness equipment, 2000 feet of new fire hose, Eleven (11) sets of new bunker gear, ten (10) sets of personal communication equipment, and miscellaneous fire fighting equipment. 9 $76,000 under the Home Land Security Grant- Used to purchase/replace outdated mobile and portable radios for Fire and Police Services Bureau. Overall, the Trophy Club Fire Services Bureau had a very successful year of operation. We are always in a state of “Constant Improvement” and are here to serve with our motto of “In Service for Life”’ COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.E.1 Pursuant to Texas Government Code, Annotated, Subchapter 551, 551.071 (a) & (b) "Consultation With Attorney", the Council will enter into executive session to discuss the following: A. Consultation with Town Attorney on pending or contemplated litigation or on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Texas Open Meetings Act (§551.071 (a) and (b)). (1) Town of Trophy Club, Texas v. Bryan W. Aldridge; Cause No. 2006-20009- 158 (2) In re Bryan Aldridge, Cause No. 2-06-021-CV Second District Court of Appeals, Fort Worth COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.E.2 Discuss and take appropriate action relative to Executive Session Item Number E1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 2-6-2006 Subject: Agenda Item No.F.1 Adjourn.