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Agenda Packet 04/25/23Town of Trophy Club Meeting Agenda Packet Town Council 1 Trophy Wood Drive Trophy Club, Texas 76262 April 25, 2023 7:00 PM Council Chambers CALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor Fleury INVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes  PLEDGES led by Garrett O'Keefe, Mayor for a Day Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. ANNOUNCEMENTS AND REPORTS 1.Issuance of Proclamation 2023­08 proclaiming April 25, 2023 as “Garrett O’Keefe, Mayor for a Day” day in Trophy Club (Mayor Fleury). 2.Issuance of Proclamation 2023­09 proclaiming May 4, 2023 as a Day of Prayer in Trophy Club to coincide with National Day of Prayer (Mayor Fleury). 3.Issuance of Proclamation 2023­10 proclaiming the month of May 2023 as Mental Health Month and May 10, 2023, as Children’s Mental Health Awareness Day (Mayor Fleury). 4.Issuance of Proclamation 2023­11 recognizing the patriotic meaning of Memorial Day (Mayor Fleury). 5.Issuance of Proclamation 2023­12 proclaiming May 14 through May 20, 2023 as Police Week and May 15, 2023 as Peace Officers’ Memorial Day (Mayor Fleury). 6.Parks and Recreation Board update (T. Jaramillo). PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to discuss or take action on any presentations made. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the Speaker’s Form or may email mayorandcouncil@trophyclub.org PUBLIC HEARING(S) 7.Youth Programs Standards of Care Ordinance (T. Jaramillo) a.  Conduct a Public hearing to receive comments establishing a Youth Programs Standards of Care Ordinance related to Day Camp Activities. b.  Take appropriate action regarding Ordinance 2023­06 establishing a Youth Program Standards of Care Ordinance providing childcare regulations for Day Camp Activities in accordance with Section 42.041(b)(14) of the TX Human Resources Code. CONSENT AGENDA 8.Take appropriate action regarding an Interlocal Cooperation Agreement between the Town of Trophy Club and Denton County for the Fiscal Year 2023­2024 Shared Governance Communications and Dispatch Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or her designee to execute all necessary documents (P. Arata). 9.Consider and take appropriate action to approve the Town Council Meeting Minutes dated April 11, 2023 (A. Otterson) 10.Consider and take appropriate action to approve the Joint Town Council and EDC­4B Meeting Minutes dated March 28, 2023 (A. Otterson). 11.Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2022­23(FY23) Budget of the Town of Trophy Club, Texas Budget Amendment No. 1; providing for an amendment to appropriate funds related to changes in various departments; and providing an effective date (P. Arata). 12.Consider and take appropriate action regarding an Interlocal Agreement (Amendment No. 1) between the Town and Northwest Independent School District for Summer School, School Resource Officer (SRO) services for Fiscal Year 2022­2023; and authorizing the Mayor or her designee to execute all necessary documents (P. Arata). INDIVIDUAL ITEMS 13.Case FP­23­002 The Trophy  Consider and possibly act on a Final Plat request consisting of seven (7) townhome lots along with one (1) common area lot and one (1) private street and utility easement lot on property described as Lot 3R2, Block A, Trophy Wood Business Center, an addition to the Town of Trophy Club, located at 401 Trophy Wood Drive in the Town of Trophy Club, Tarrant County, Texas currently zoned PD­25, Planned Development. (M. Cox) 14.Consider and take appropriate action regarding a requisition for the procurement of services between Halff Associates and the Town of Trophy Club in a not to exceed amount of $49,835 for consulting services for four dedicated pickleball courts at Harmony Park (T. Jaramillo). 15.Discuss and consider a request from Hogan’s Glen HOA (P. Arata). 16.Future Agenda Items List (P. Arata). EXECUTIVE SESSION 17.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will recess into executive session to discuss the following:   a)  Section 551.074 – Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. Recruitment contract and procedures for Town Manager and Town Secretary positions.  b)  Section 551.071 – Attorney­Client Privilege 1. Attorney consultation regarding maintenance of common areas including those within Hogan’s Glen and other HOAs. 2. Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. RECONVENE INTO REGULAR SESSION 18.Consider and take appropriate action regarding Executive Session (Mayor Fleury) ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. One or more members of the Town Council may participate remotely using video conference pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on April 21, 2023 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. 1 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262April 25, 2023 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Garrett O'Keefe, Mayor for a DayPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Issuance of Proclamation 2023­08 proclaiming April 25, 2023 as “Garrett O’Keefe,Mayor for a Day” day in Trophy Club (Mayor Fleury).2.Issuance of Proclamation 2023­09 proclaiming May 4, 2023 as a Day of Prayer inTrophy Club to coincide with National Day of Prayer (Mayor Fleury).3.Issuance of Proclamation 2023­10 proclaiming the month of May 2023 as MentalHealth Month and May 10, 2023, as Children’s Mental Health Awareness Day (MayorFleury).4.Issuance of Proclamation 2023­11 recognizing the patriotic meaning of Memorial Day(Mayor Fleury).5.Issuance of Proclamation 2023­12 proclaiming May 14 through May 20, 2023 as Police Week and May 15, 2023 as Peace Officers’ Memorial Day (Mayor Fleury). 6.Parks and Recreation Board update (T. Jaramillo). PUBLIC COMMENT(S) This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to discuss or take action on any presentations made. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the Speaker’s Form or may email mayorandcouncil@trophyclub.org PUBLIC HEARING(S) 7.Youth Programs Standards of Care Ordinance (T. Jaramillo) a.  Conduct a Public hearing to receive comments establishing a Youth Programs Standards of Care Ordinance related to Day Camp Activities. b.  Take appropriate action regarding Ordinance 2023­06 establishing a Youth Program Standards of Care Ordinance providing childcare regulations for Day Camp Activities in accordance with Section 42.041(b)(14) of the TX Human Resources Code. CONSENT AGENDA 8.Take appropriate action regarding an Interlocal Cooperation Agreement between the Town of Trophy Club and Denton County for the Fiscal Year 2023­2024 Shared Governance Communications and Dispatch Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or her designee to execute all necessary documents (P. Arata). 9.Consider and take appropriate action to approve the Town Council Meeting Minutes dated April 11, 2023 (A. Otterson) 10.Consider and take appropriate action to approve the Joint Town Council and EDC­4B Meeting Minutes dated March 28, 2023 (A. Otterson). 11.Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2022­23(FY23) Budget of the Town of Trophy Club, Texas Budget Amendment No. 1; providing for an amendment to appropriate funds related to changes in various departments; and providing an effective date (P. Arata). 12.Consider and take appropriate action regarding an Interlocal Agreement (Amendment No. 1) between the Town and Northwest Independent School District for Summer School, School Resource Officer (SRO) services for Fiscal Year 2022­2023; and authorizing the Mayor or her designee to execute all necessary documents (P. Arata). INDIVIDUAL ITEMS 13.Case FP­23­002 The Trophy  Consider and possibly act on a Final Plat request consisting of seven (7) townhome lots along with one (1) common area lot and one (1) private street and utility easement lot on property described as Lot 3R2, Block A, Trophy Wood Business Center, an addition to the Town of Trophy Club, located at 401 Trophy Wood Drive in the Town of Trophy Club, Tarrant County, Texas currently zoned PD­25, Planned Development. (M. Cox) 14.Consider and take appropriate action regarding a requisition for the procurement of services between Halff Associates and the Town of Trophy Club in a not to exceed amount of $49,835 for consulting services for four dedicated pickleball courts at Harmony Park (T. Jaramillo). 15.Discuss and consider a request from Hogan’s Glen HOA (P. Arata). 16.Future Agenda Items List (P. Arata). EXECUTIVE SESSION 17.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will recess into executive session to discuss the following:   a)  Section 551.074 – Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. Recruitment contract and procedures for Town Manager and Town Secretary positions.  b)  Section 551.071 – Attorney­Client Privilege 1. Attorney consultation regarding maintenance of common areas including those within Hogan’s Glen and other HOAs. 2. Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. RECONVENE INTO REGULAR SESSION 18.Consider and take appropriate action regarding Executive Session (Mayor Fleury) ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. One or more members of the Town Council may participate remotely using video conference pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on April 21, 2023 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. 2 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262April 25, 2023 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Garrett O'Keefe, Mayor for a DayPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Issuance of Proclamation 2023­08 proclaiming April 25, 2023 as “Garrett O’Keefe,Mayor for a Day” day in Trophy Club (Mayor Fleury).2.Issuance of Proclamation 2023­09 proclaiming May 4, 2023 as a Day of Prayer inTrophy Club to coincide with National Day of Prayer (Mayor Fleury).3.Issuance of Proclamation 2023­10 proclaiming the month of May 2023 as MentalHealth Month and May 10, 2023, as Children’s Mental Health Awareness Day (MayorFleury).4.Issuance of Proclamation 2023­11 recognizing the patriotic meaning of Memorial Day(Mayor Fleury).5.Issuance of Proclamation 2023­12 proclaiming May 14 through May 20, 2023 asPolice Week and May 15, 2023 as Peace Officers’ Memorial Day (Mayor Fleury).6.Parks and Recreation Board update (T. Jaramillo).PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgPUBLIC HEARING(S)7.Youth Programs Standards of Care Ordinance (T. Jaramillo)a.  Conduct a Public hearing to receive comments establishing a Youth ProgramsStandards of Care Ordinance related to Day Camp Activities.b.  Take appropriate action regarding Ordinance 2023­06 establishing a YouthProgram Standards of Care Ordinance providing childcare regulations for Day CampActivities in accordance with Section 42.041(b)(14) of the TX Human ResourcesCode.CONSENT AGENDA8.Take appropriate action regarding an Interlocal Cooperation Agreement between theTown of Trophy Club and Denton County for the Fiscal Year 2023­2024 SharedGovernance Communications and Dispatch Services System for the PoliceDepartment and Fire/EMS Department; and authorizing the Mayor or her designee toexecute all necessary documents (P. Arata).9.Consider and take appropriate action to approve the Town Council Meeting Minutesdated April 11, 2023 (A. Otterson)10.Consider and take appropriate action to approve the Joint Town Council and EDC­4BMeeting Minutes dated March 28, 2023 (A. Otterson).11.Consider and take appropriate action regarding an Ordinance amending the FiscalYear 2022­23(FY23) Budget of the Town of Trophy Club, Texas Budget AmendmentNo. 1; providing for an amendment to appropriate funds related to changes in variousdepartments; and providing an effective date (P. Arata).12.Consider and take appropriate action regarding an Interlocal Agreement (AmendmentNo. 1) between the Town and Northwest Independent School District for SummerSchool, School Resource Officer (SRO) services for Fiscal Year 2022­2023; andauthorizing the Mayor or her designee to execute all necessary documents (P. Arata). INDIVIDUAL ITEMS 13.Case FP­23­002 The Trophy  Consider and possibly act on a Final Plat request consisting of seven (7) townhome lots along with one (1) common area lot and one (1) private street and utility easement lot on property described as Lot 3R2, Block A, Trophy Wood Business Center, an addition to the Town of Trophy Club, located at 401 Trophy Wood Drive in the Town of Trophy Club, Tarrant County, Texas currently zoned PD­25, Planned Development. (M. Cox) 14.Consider and take appropriate action regarding a requisition for the procurement of services between Halff Associates and the Town of Trophy Club in a not to exceed amount of $49,835 for consulting services for four dedicated pickleball courts at Harmony Park (T. Jaramillo). 15.Discuss and consider a request from Hogan’s Glen HOA (P. Arata). 16.Future Agenda Items List (P. Arata). EXECUTIVE SESSION 17.Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will recess into executive session to discuss the following:   a)  Section 551.074 – Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: 1. Recruitment contract and procedures for Town Manager and Town Secretary positions.  b)  Section 551.071 – Attorney­Client Privilege 1. Attorney consultation regarding maintenance of common areas including those within Hogan’s Glen and other HOAs. 2. Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. RECONVENE INTO REGULAR SESSION 18.Consider and take appropriate action regarding Executive Session (Mayor Fleury) ADJOURN One or more members of the Town Council may participate remotely using video conferencing pursuant to Chapter 551 of the Texas Government Code. One or more members of the Town Council may participate remotely using video conference pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on April 21, 2023 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. 3 Town of Trophy ClubMeeting Agenda PacketTown Council 1 Trophy Wood DriveTrophy Club, Texas76262April 25, 2023 7:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUM ­ Mayor FleuryINVOCATION led by Pastor Barry Clingan, The Church at Trophy Lakes PLEDGES led by Garrett O'Keefe, Mayor for a DayPledge of Allegiance to the American Flag.Pledge of Allegiance to the Texas Flag.ANNOUNCEMENTS AND REPORTS1.Issuance of Proclamation 2023­08 proclaiming April 25, 2023 as “Garrett O’Keefe,Mayor for a Day” day in Trophy Club (Mayor Fleury).2.Issuance of Proclamation 2023­09 proclaiming May 4, 2023 as a Day of Prayer inTrophy Club to coincide with National Day of Prayer (Mayor Fleury).3.Issuance of Proclamation 2023­10 proclaiming the month of May 2023 as MentalHealth Month and May 10, 2023, as Children’s Mental Health Awareness Day (MayorFleury).4.Issuance of Proclamation 2023­11 recognizing the patriotic meaning of Memorial Day(Mayor Fleury).5.Issuance of Proclamation 2023­12 proclaiming May 14 through May 20, 2023 asPolice Week and May 15, 2023 as Peace Officers’ Memorial Day (Mayor Fleury).6.Parks and Recreation Board update (T. Jaramillo).PUBLIC COMMENT(S)This is an opportunity for citizens to address the Council on any matter. The Councilis not permitted to discuss or take action on any presentations made. Presentationsare limited to matters over which the Council has authority. Speakers have up to four(4) minutes or the time limit determined by the Presiding Officer. Each speaker musthave submitted their request to speak by completing the Speaker’s Form or mayemail mayorandcouncil@trophyclub.orgPUBLIC HEARING(S)7.Youth Programs Standards of Care Ordinance (T. Jaramillo)a.  Conduct a Public hearing to receive comments establishing a Youth ProgramsStandards of Care Ordinance related to Day Camp Activities.b.  Take appropriate action regarding Ordinance 2023­06 establishing a YouthProgram Standards of Care Ordinance providing childcare regulations for Day CampActivities in accordance with Section 42.041(b)(14) of the TX Human ResourcesCode.CONSENT AGENDA8.Take appropriate action regarding an Interlocal Cooperation Agreement between theTown of Trophy Club and Denton County for the Fiscal Year 2023­2024 SharedGovernance Communications and Dispatch Services System for the PoliceDepartment and Fire/EMS Department; and authorizing the Mayor or her designee toexecute all necessary documents (P. Arata).9.Consider and take appropriate action to approve the Town Council Meeting Minutesdated April 11, 2023 (A. Otterson)10.Consider and take appropriate action to approve the Joint Town Council and EDC­4BMeeting Minutes dated March 28, 2023 (A. Otterson).11.Consider and take appropriate action regarding an Ordinance amending the FiscalYear 2022­23(FY23) Budget of the Town of Trophy Club, Texas Budget AmendmentNo. 1; providing for an amendment to appropriate funds related to changes in variousdepartments; and providing an effective date (P. Arata).12.Consider and take appropriate action regarding an Interlocal Agreement (AmendmentNo. 1) between the Town and Northwest Independent School District for SummerSchool, School Resource Officer (SRO) services for Fiscal Year 2022­2023; andauthorizing the Mayor or her designee to execute all necessary documents (P. Arata).INDIVIDUAL ITEMS13.Case FP­23­002 The Trophy Consider and possibly act on a Final Plat request consisting of seven (7) townhomelots along with one (1) common area lot and one (1) private street and utilityeasement lot on property described as Lot 3R2, Block A, Trophy Wood BusinessCenter, an addition to the Town of Trophy Club, located at 401 Trophy Wood Drive inthe Town of Trophy Club, Tarrant County, Texas currently zoned PD­25, PlannedDevelopment. (M. Cox)14.Consider and take appropriate action regarding a requisition for the procurement ofservices between Halff Associates and the Town of Trophy Club in a not to exceedamount of $49,835 for consulting services for four dedicated pickleball courts atHarmony Park (T. Jaramillo).15.Discuss and consider a request from Hogan’s Glen HOA (P. Arata).16.Future Agenda Items List (P. Arata).EXECUTIVE SESSION17.Pursuant to the following designated section of the Texas Governmental Code,Annotated, Chapter 551 (Texas Open Meetings Act), the Council will recess intoexecutive session to discuss the following:  a)  Section 551.074 – Personnel Matters to deliberate the appointment,employment, evaluation, reassignment, duties, discipline, or dismissal of a publicofficer or employee:1. Recruitment contract and procedures for Town Manager and Town Secretarypositions. b)  Section 551.071 – Attorney­Client Privilege1. Attorney consultation regarding maintenance of common areas including thosewithin Hogan’s Glen and other HOAs.2. Deliberate a possible Interlocal Agreement with multiple governmental entitiesto provide services to Trophy Club citizens.RECONVENE INTO REGULAR SESSION18.Consider and take appropriate action regarding Executive Session (Mayor Fleury)ADJOURNOne or more members of the Town Council may participate remotely using videoconferencing pursuant to Chapter 551 of the Texas Government Code. One or more members of the Town Council may participate remotely using video conference pursuant to Chapter 551 of the Texas Government Code. The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on April 21, 2023 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. __________________________________ Anita Otterson Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682­237­2900, 48 hours in advance, and reasonable accommodations will be made to assist you. 4 Proclamation 2023-08 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL PROCLAIMING GARRETT O’KEEFE “MAYOR FOR A DAY” IN TROPHY CLUB, TEXAS. WHEREAS Garrett O’Keefe is in the 2nd Grade at Beck Elementary, and Garrett’s Mom and Dad, Kavin and Ann O’Keefe, have been residents of Trophy Club since 1998; and WHEREAS Garrett enjoys reading books and loves going to school and has received all A’s on his tests this year; and WHEREAS Garrett creates his own You Tube videos, filming and editing like a pro, and Garret is a junior expert in Minecraft and Roblox; and WHEREAS Garrett loves art, going to the beach, swimming, playing baseball, and is a blue belt in Taekwondo. NOW, THEREFORE, I Alicia L. Fleury D’Elia, Mayor of the Town of Trophy Club, and in conjunction with the Town Council do hereby proclaim April 25, 2023, as: Garrett O’Keefe, Mayor for a Day in Trophy Club Passed and Approved by the Trophy Club Town Council, this 25th day of April 2023. _______________________ ______________________ Anita Otterson, Alicia L. Fleury D’Elia, Town Secretary Mayor Town of Trophy Club, Texas 5 Proclamation 2023-09 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL PROCLAIMING MAY 4, 2023, AS A DAY OF PRAYER IN TROPHY CLUB. WHEREAS from our nation’s humble beginnings, public prayer and national days of prayer have played a vital role in the life and history of the United States dating back to the first call to prayer in 1775 when the Continental Congress asked the colonies to pray for wisdom in forming a nation, and the call to prayer has continued throughout our history; and WHEREAS these times of national supplication were made official in 1952 when President Harry Truman signed a joint resolution of the U.S. Congress which enacted legislation setting aside an annual day of prayer for the nation, and in 1988 this law was amended, permanently setting the first Thursday of May annually as a National Day of Prayer; and WHEREAS throughout the history of America, faith in Almighty God has been deeply rooted in the foundation and building up of this great nation. From the early pilgrims to the Continental Congress, to the many Presidents and Governors who have served, we have turned to prayer throughout the generations in times of great crisis and in times of celebration; and WHEREAS the National Day of Prayer belongs to all Americans and is a day that transcends differences, bringing together citizens from all backgrounds and walks of life to honor God, to pray for our nation, and to give Him thanks for the many liberties and blessings we have received, among them the freedom to gather, worship and pray; and WHEREAS in our 76262 area, for the citizens of Roanoke, Trophy Club and Westlake, and simultaneously for citizens in our state and across America, the Observance of the National Day of Prayer will take place on Thursday, May 4, 2023, with the theme, "Pray Fervently in Righteousness and Avail Much”, based on the verse in James 5:16b, “The effective, fervent prayer of a righteous man avails much”; and WHEREAS on this National Day of Prayer we come together as leaders and citizens in unity as one nation under God to seek His divine wisdom, direction, protection, and strength to meet the challenges that we face both present and future, and to offer gratitude for the many blessings He has bestowed upon our communities, state, and nation; NOW, THEREFORE, I, ALICIA L. FLEURY D’ELIA, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL DO HEREBY PROCLAIM MAY 4, 2023, as: “A DAY OF PRAYER” PASSED AND APPROVED on this 25th day of April 2023 by the Trophy Club Town Council. Attest: ___________________________ __________________________ Anita Otterson, Town Secretary Alicia L. Fleury D’Elia, Mayor 6 Proclamation 2023-10 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL PROCLAIMING MAY 2023 AS MENTAL HEALTH MONTH AND MAY 10, 2023, AS CHILDREN’S MENTAL HEALTH AWARENESS DAY IN TROPHY CLUB. WHEREAS addressing the complex mental health needs of children, youth, and families today is fundamental to the future of the Town of Trophy Club; and WHEREAS the citizens of the Town of Trophy Club value their overall health and that of their families and fellow citizens and are proud to support observances such as Mental Health Month and Children’s Mental Health Awareness Day; and WHEREAS one in five adults has a diagnosable mental health condition; and WHEREAS half of Denton County parents are not familiar with mental health services in their community; and WHEREAS the need for comprehensive, coordinated mental health services for individuals and families in our community is a critical responsibility; and WHEREAS there is a strong body of research that supports specific tools that all Americans can use, to better handle challenges, and protect their overall health and well-being; and WHEREAS each citizen, local business, school, government agency, healthcare provider, and faith-based organization shares the burden of mental health concerns and has a responsibility to promote mental wellness, recovery, and support prevention efforts; and WHEREAS the Denton County Behavioral Health Leadership Team, Denton County MHMR Center, United Way of Denton County and the Wellness Alliance for Total Children’s Health of Denton County led by Cook Children’s, through their unique partnership and prevention-based approaches to serving children and adolescents, are effectively addressing the mental health needs of children, youth, and families in our community; and WHEREAS it is appropriate that a month should be set apart each year for the direction of our thoughts toward mental health education and the support of treatment and recovery; and WHEREAS it is appropriate that a day should be set apart each year for the direction of our thoughts toward our children’s mental health and well-being; and NOW, THEREFORE, I, ALICIA L. FLEURY D’ELIA, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL DO HEREBY PROCLAIM: MAY 2023 AS “MENTAL HEALTH MONTH” AND MAY 10, 2023, AS “CHILDREN’S MENTAL HEALTH AWARENESS DAY” And hereby call upon our citizens and all agencies and organizations interested in meeting every person’s mental health needs to unite this month in observance of such exercises as will commit the people of Trophy Club to increasing awareness and understanding of mental health, the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people struggling with mental health conditions. PASSED AND APPROVED by the Trophy Club Town Council this 25th day of April 2023. Attest: __________________________ ____________________________ Anita Otterson, Town Secretary Alicia L. Fleury D’Elia, Mayor7 Proclamation 2023-11 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL PROCLAIMING MAY 29, 2023, AS MEMORIAL DAY; A DAY OF SOLEMN REMEMBRANCE IN TROPHY CLUB, TEXAS. WHEREAS when the nation was still recovering from the horrors of the Civil War, Americans held both formal and informal ceremonies to honor and remember those fallen in battle; and WHEREAS in May 1886, Major General John A. Logan called for a nationwide day of remembrance to pay tribute to those who gave their lives serving our country; and WHEREAS the United States Congress in 1971 established the last Monday in May as Memorial Day; and WHEREAS more than a million men and women have sacrificed their lives for our freedoms while serving in the United States Military and many more remain missing and unaccounted for; and WHEREAS it is appropriate that the citizens of Trophy Club, Texas remember the bravery of those who gave their lives so that their sacrifices are not forgotten and continue to serve as a reminder to us of the cost of our freedom. NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY D’ELIA, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL DO HEREBY PROCLAIM MAY 29, 2023, AS: “MEMORIAL DAY” In addition, I urge all citizens of the Town to participate in the observance of the day and join me in honoring those who have died for this country. PASSED AND APPROVED by the Trophy Club Town Council this 25th day of April 2023. Attest: _____________________________ ____________________________ Anita Otterson, Town Secretary Alicia L. Fleury D’Elia, Mayor 8 Proclamation 2023-12 Town of Trophy Club, Texas A PROCLAMATION OF THE TROPHY CLUB TOWN COUNCIL PROCLAIMING THE WEEK OF MAY 14 - MAY 20, 2023, AS POLICE WEEK IN TROPHY CLUB, IN CONJUNCTION WITH NATIONAL POLICE WEEK, AND RECOGNIZING MAY 15, 2023, AS PEACE OFFICERS’ MEMORIAL DAY IN TROPHY CLUB. WHEREAS there are more than 800,000 Law Enforcement Officers serving in communities across the United States, which includes the dedicated members of the Town of Trophy Club; and WHEREAS since the first recorded death in 1786, more than 23,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty; and WHEREAS the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, DC; and WHEREAS 226 new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this Spring, and WHEREAS the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial’s 35th Annual Candlelight Vigil, on the evening of May 13, 2023; and WHEREAS May 15, 2023, has been designated as Peace Officers’ Memorial Day, in honor of all fallen officers and their families and U.S. Flags will be flown at half-staff. NOW, THEREFORE, I, MAYOR ALICIA L. FLEURY D’ELIA, IN CONJUNCTION WITH THE TROPHY CLUB TOWN COUNCIL DO HEREBY PROCLAIM: “May 13 - May 20, 2023, as Police Week” And “May 15, 2023, as Peace Officers’ Memorial Day” PASSED AND APPROVED by the Trophy Club Town Council this 25th day of April 2023. Attest: _______________________________ ____________________________ Anita Otterson, Town Secretary Alicia L. Fleury D’Elia, Mayor 9 Page 1 of 4 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Patrick Arata, Interim Town Manager Anita Otterson, Town Secretary Re: Youth Programs Standard of Care Town Council Meeting, April 25, 2023 Agenda Item: •Conduct a Public Hearing to receive Comments establishing a Youth Programs Standards of Care Ordinance related to Day Camp Activities. •Take appropriate action regarding Ordinance 2023-06 establishing a Youth Programs Standards of Care Ordinance providing childcare regulations for Day Camp Activities in accordance with Section 42.041(b)(14) of the TX Human Resources Code. Strategic Link: Administrative & Financial Services – Deliver programs and services that increase citizens’ quality of life. Background and Explanation: Staff is requesting the renewal of the Town of Trophy Club 2023 Youth Programs Standards of Care. To receive exempt status for a youth recreation program, a municipality must adopt a Youth Programs Standards of Care by Ordinance. The Town of Trophy Club Youth Programs Standards of Care will provide basic childcare regulations for day camp activities operated by the Trophy Club Parks and Recreation Department in accordance with Section 42.041(b)(14) of the Human Resources Code. Please find below minor proposed changes within: -Page 3 subsection (b) Recreation Coordinator of Sports and Programs. Superintendent. Town of Trophy Club's full-time programmer who has been assigned administrative responsibility for the Town of Trophy Club's summer program or designee. 10 Page 2 of 4 Aquatics & Recreation Coordinator of Events. Who will handle administrative responsibility for the Town of Trophy Club's summer program in the Recreation Coordinator of Sports and Programs Superintendent's absence or designee. Page 4 subsection (d) (2) and (3) (2) The Recreation Coordinator of Sports and Programs Superintendent will make twice weekly visual inspections of the program. (3) Complaints regarding enforcement of the Standards of Care shall be directed to the Summer Camp Director. The Recreation Coordinator of Sports and Programs Superintendent will be responsible to take the necessary steps to address the complaint and resolve the problem, if any. Complaints regarding enforcement of the Standards of Care and resolution of complaints arising under the Standards of Care shall be recorded by the Recreation Coordinator of Sports and Programs. Superintendent. All complaints regarding enforcement of the Standards of Care where a deficiency is noted will be forwarded to the Director of Parks and Recreation with the complaint and the resolution noted. Page 5 subsection (f) (1) (1)Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a Town employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Coordinator of Sports and Programs Superintendent and Aquati cs & Recreation Coordinator of Events. The Recreation Coordinator of Sports and Programs Superi ntendent will immediately notify the Police Department and any other agency as may be appropriate. Page 5 and 6 subsections (1) and (a-g) (1)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Superintendent Coordinator of Events: (A)Aquatics & Recreation Coordinator of Sports and Programs and Recreation C o o rd i na t or of E v en t s Superintendent are full-time, professional employees of the Town of Trophy Club Parks and Recreation Department and will be required to have all the same qualifications as outlined in Subsection (g)(2). (B)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Coordinator of Events Superintendent must meet the minimum education/experience requirements for employment with the Town of Trophy Club to plan and implement recreation activities. (C)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Coordinator of Events Superintendent must be able to pass a background investigation including a test for illegal substances. 11 Page 3 of 4 (D)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Coordinator of Events Superintendent must have a current certification in First Aid, Cardiopulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. (E)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Coordinator of Events Superintendent are responsible for administering the programs' daily operations in compliance with the adopted Standards of Care. (F)Recreation Coordinator of Sports and Programs Superintendent is responsible for hiring, supervising, and evaluating the Summer Director, Summer Assistant Directors, and Summer Counselors. (G)Recreation Coordinator of Sports and Programs Superintendent is responsible for planning, implementing and evaluating programs. Page 7 subsection (h) (1) (a) (A)The standard ratio of participants to staff is 15:1 based on average daily attendance. In the event a program employee is unable to report to the program site, the Recreation Coordinator of Sports and Programs Superintendent will assign a replacement. Page 9 subsection (b) (vi) (vii) and (i) (a) (B)The Recreation Coordinator of Sports and Programs Superintendent will make available the following telephone numbers to all employees at each site: (i) Aquatics & Recreation Coordinator of Sports and Programs (ii)Recreation Coordinator of Events Superintendent (A)Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Recreation Coordinator of Sports and Programs. Superintendent. 12 Page 4 of 4 Financial Considerations: Not applicable Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff recommends the approval of the 2023 Youth Programs Standard of Care Ordinance as revised. Attachments: •Revised 2023 Youth Programs Standards of Care Ordinance 13 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2023-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, RENEWING SECTION 1.08.001, YOUTH PROGRAMS STANDARDS OF CARE, OF DIVISION 1, GENERALLY, OF ARTICLE 1.08, PARKS AND RECREATION, OF CHAPTER 1, GENERAL PROVISIONS, OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO ESTABLISH YOUTH PROGRAMS STANDARDS OF CARE TO PROVIDE BASIC CHILD CARE REGULATIONS FOR DAY CAMP ACTIVITIES OPERATED BY THE TOWN OF TROPHY CLUB PARKS AND RECREATION DEPARTMENT; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Charter of the Town, State law, the Town Council of the Town is empowered to adopt ordinances and rules that are for the good government of the Town; and WHEREAS, the Human Resources Code, Section 42.041(b)(14), establishes requirements for exempting recreational programs operated by municipalities for elementary age (5-13) children from childcare licensing requirements; and WHEREAS, in order to receive exempt status for a youth recreation program, a municipality must adopt a Youth Programs Standards of Care by Ordinance after a public hearing for the program; and WHEREAS, a public hearing was conducted and the Town of Trophy Club Youth Programs Standards of Care was originally adopted on April 11, 2017; and WHEREAS, the Town of Trophy Club Youth Programs Standards of Care provides basic child care regulations for day camp activities operated by the Trophy Club Parks and Recreation Department in accordance with Section 42.041(b)(14) of the Human Resources Code; and WHEREAS, the Town Council hereby finds that renewing Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances establishes Youth Programs Standards of Care that serves the best interest of the health, safety, and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 14 Page 2 of 12ORD 2023-06 SECTION 1. INCORPORATION OF REMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.1 Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances is hereby renewed to establish Youth Programs Standards of Care to read in its entirety as follows: Chapter 1 General Provisions Article 1 .08 Parks and Recreation Division 1. Generally Section 1 .08.001 Youth Programs Standards of Care (a)Purpose. The following Standards of Care are intended to be minimum standards by which the Town Parks and Recreation Department will operate the Town's Youth Programs. These programs operated by the Town are recreational in nature and are not license by the State of Texas nor operated as day care programs. Adoption of these Standards of Care will allow the Town to qualify as being exempt from the requirements of the Texas Human Resources Code, section 42.041(b)(14). (b)Definitions. For the purpose of this division, the following terms, phrases, words and their derivation shall have the meaning given herein: Department. Parks and Recreation Department. Director. Town of Trophy Club Parks and Recreation Director or designee. Employee or Counselor. Someone who has been hired to work for the Town of Trophy Club and has been assigned responsibility for managing, administering, or implementing some portion of the Town of Trophy Club's Youth Programs. Parent(s). A parent or guardian who has legal custody and authority to enroll a child in the Town of Trophy Club's summer programs. Parent Handbook. Booklet of camp policies, procedures, required forms, organizational, and programming materials relevant to the summer programs. 15 ORD 2023-06 Page 3 of 12 Participant. A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the Town of Trophy Club's summer programs. Program Site. Medlin Middle School or Beck Elementary Recreation Coordinator of Sports and Programs. Superintendent. Town of Trophy Club's full-time programmer who has been assigned administrative responsibility for the Town of Trophy Club's summer program or designee. Aquatics & Recreation Coordinator of Events. Who will handle administrative responsibility for the Town of Trophy Club's summer program in the Recreation Coordinator of Sports and Programs Superintendent's absence or designee. Summer Adventure Camp. Town of Trophy Club youth camp program during the summer. Town. Town of Trophy Club. Town Council. Town Council of the Town of Trophy Club. Youth Program or Program. A town-sponsored recreational program for youth that may be offered by the Parks and Recreation Department after school, during the summer, during holidays, or during intersession. The term does not include any program or activity to which attendees are free to come and go at will without regard to the presence of a parent or other responsible adult to care for them. (c)General Information/Administration (1)The governing body of the Town of Trophy Club Youth Programs is the Town of Trophy Club Town Council. (2)Implementation of the Standards of Care for Youth Programs is the responsibility of the Parks and Recreation Director and Parks and Recreation Department employees. (3)The Standards of Care apply to all Youth Programs operated by the Department including but not limited to: Summer Adventure Camp Programs. (4)Town Hall will have available for public review a current copy of the Standards of Care. (5)Parents of participants will be provided access to a current copy of the Standards of Care through the Town's web site. 16 ORD 2023-06 Page 4 of 12 (6)Criminal background checks will be conducted on prospective Youth Program employees, when applicable. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: (A)A felony or misdemeanor classified as an offense against a person or family; (B)A felony or misdemeanor classified as public indecency; (C)A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (D)Any offense involving moral turpitude; (E)Any offense that is deemed to potentially put the Town of Trophy Club or Youth Program participants at risk. (7)Standards of Care Review: Standards will be reviewed annually and approved by the Town Council after a public hearing is held to pass an ordinance regarding section 42.041(b)(14) of the Human Resources Code. (d)Inspection/Monitoring/Enforcement Standards of care established by the Town of Trophy Club will be monitored and enforced by Town Departments responsible for their respective areas as identified. (1)Health and safety standards will be monitored and enforced by the Town's Police, Fire and Code Enforcement Departments as required. (2)The Recreation Coordinator of Sports and Programs Superintendent will make twice weekly visual inspections of the program. (3)Complaints regarding enforcement of the Standards of Care shall be directed to the Summer Camp Director. The Recreation Coordinator of Sports and Programs Superintendent will be responsible to take the necessary steps to address the complaint and resolve the problem, if any. Complaints regarding enforcement of the Standards of Care and resolution of complaints arising under the Standards of Care shall be recorded by the Recreation Coordinator of Sports and Programs. Superintendent. All complaints regarding enforcement of the Standards of Care where a deficiency is noted will be forwarded to the Director of Parks and Recreation with the complaint and the resolution noted. 17 ORD 2023-06 Page 5 of 12 (e)Enrollment. Before a child may become a participant, a parent/guardian must complete and sign registration forms that contain information pertaining to the participant and their parent(s). The following information must be provided: (1)Name, address, home telephone number (2)Parent/Guardian's name, address and telephone numbers during program hours (3)Emergency contacts including names and phone number during program hours (4)Names and driver's license numbers of people to whom the child may be released (5)A statement of the child's special problems, needs or medical conditions (6)Emergency medical authorization (7)Permission for field trips (8)Liability Waiver (f)Suspected Abuse. (1)Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a Town employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Coordinator of Sports and Programs Superintendent and Aquati cs & Recreation Coordinator of Events. The Recreation Coordinator of Sports and Programs Superintendent will immediately notify the Police Department and any other agency as may be appropriate. (2)Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. (g)Staffing - Responsibilities and Training (1)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Superintendent Coordinator of Events: (A)Aquatics & Recreation Coordinator of Sports and Programs and Recreation C oo rd in a to r o f E v e n t s Superintendent are full-time, professional employees of the Town of Trophy Club Parks and Recreation Department and will be required to have all the same qualifications as outlined in Subsection (g)(2). (B)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Coordinator of Events Superintendent must meet the minimum 18 ORD 2023-06 Page 6 of 12 education/experience requirements for employment with the Town of Trophy Club to plan and implement recreation activities. (C)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Coordinator of Events Superintendent must be able to pass a background investigation including a test for illegal substances. (D)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Coordinator of Events Superintendent must have a current certification in First Aid, Cardiopulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. (E)Aquatics & Recreation Coordinator of Sports and Programs and Recreation Coordinator of Events Superintendent are responsible for administering the programs' daily operations in compliance with the adopted Standards of Care. (F)Recreation Coordinator of Sports and Programs Superintendent is responsible for hiring, supervising, and evaluating the Summer Director, Summer Assistant Directors, and Summer Counselors. (G)Recreation Coordinator of Sports and Programs Superintendent is responsible for planning, implementing and evaluating programs. (2)Youth Program Staff: (A)Program employees include Director, Assistant Director(s), and Counselors. (B)Program employees may be full-time, part-time, or seasonal employees of the Parks and Recreation Department. (C)Program employees shall be age 16 or older. However, each site will have at least one employee age 21 or older on site at all times. (D)Program employees should consistently exhibit competency, good judgment, and self-control when working with participants. (E)Program employees must relate to participants with courtesy, respect, tolerance, and patience. (F)Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. (G)Program employees must pass a background investigation when applicable, including testing for illegal substances. (H)Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, 19 ORD 2023-06 Page 7 of 12 and participate in appropriate social opportunities with their peers. (I)Program employees will be responsible to know and adhere to all Town, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. (J)Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. (3)Training and Orientation (A)The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. (B)Program employees will be provided with a staff manual. (C)Program employees must be familiar with the Standards of Care for Youth Programs as adopted by the Town Council. (D)Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. (E)Program employees will be trained with appropriate procedures to handle emergencies. (F)Program employees will be trained in areas including Town departmental program policies, procedures, leading activities, and safety issues. (G)Program employees will be required to sign an acknowledgement that they have received the required training. (h)Operations (1)Staff to Participant Ratio (A)The standard ratio of participants to staff is 15:1 based on average daily attendance. In the event a program employee is unable to report to the program site, the Recreation Coordinator of Sports and Programs Superintendent will assign a replacement. (B)Program employees are responsible for being aware of the participants' habits, interests, and special needs as identified by the participant's' parent/guardian during the registration process. (2)Discipline 20 ORD 2023-06 Page 8 of 12 (A)Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. (B)There will be no cruel treatment or harsh punishment. (C)Program employees may use brief, supervised separation from the group if necessary. (D)As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to sign the behavior reports to indicate they have been advised about specific problems or incidents. (E)A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. (F)In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. (3)Programming (A)Program employees will attempt to provide activities for each group according to participants' age, interests, and abilities. The activities will be appropriate to participants' health, safety, and well-being. The activities must be flexible and promote the participants emotional, social, and mental growth. (B)Program employees will attempt to provide indoor and outdoor time periods to include: (i)Alternating active and passive activities; (ii)Opportunity for individual, small and large group activities, and (iii)Outdoor time each day as weather permits. (C)Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the program. (i)During trips, program employees must have access to emergency medical forms and emergency contact information for each participant; (ii)Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location; and (iii)Program employees must have first aid supplies and emergency care available on field trips. (4)Communication 21 ORD 2023-06 Page 9 of 12 (A)Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. (B)The Recreation Coordinator of Sports and Programs Superintendent will make available the following telephone numbers to all employees at each site: (i) Emergency services (ii) Trophy Club Police Department dispatch (iii) Parks and Recreation Department (iv) Poison Control (v) Numbers at which parents/guardians may be reached (vi) Aquatics & Recreation Coordinator of Sports and Programs (vii)Recreation Coordinator of Events Superintendent (viii)Telephone and address for the program site itself (ix) Field trip destinations (5)Transportation (A)Before a participant can be transported to and from Town-sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. (B)First aid supplies will be available in all program vehicles that transport children. (C)AlI program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. (D)Seatbelts must be worn when provided. (i)Facility Standards (1)Safety (A)Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Recreation Coordinator of Sports and Programs. Superintendent. 22 ORD 2023-06 Page 10 of 12 (B)Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. (C)Program equipment and supplies should be safe for the participants' use. (D)Program must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of the off-site activity. (E)Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. (2)Fire (A)In case of fire, danger, explosion or other emergency, program employees' first priority is to evacuate the participants to a designated safe area. (B)Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. (C)All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. (3)Illness or Injury (A)A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. (B)Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. (C)Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. (D)Program employees will follow the recommendation of the Texas Department of State Health Services concerning the admission or readmission of any participant after a communicable disease. (4)Medication (A)Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the Town. (B)Prescription medications must be in the original containers labeled with the participants' name, a date, directions, and the physician's name. The 23 ORD 2023-06 Page 11 of 12 prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. (C)Non-prescription medications are labeled with the participant's name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. (D)Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. (E)Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. (5)Special Needs (A)Every reasonable accommodation will be made to address special needs participants. (B)For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. (6)Toilet Facilities (A)The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. (B)There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants but must not exceed 50% of the total number of toilets. (C)An appropriate and adequate number of lavatories will be provided. (7)Sanitation (A)Program sites must have adequate light, ventilation, air conditioning, and heat. (B)The program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied in a safe and sanitary matter. (C)Employees must see that garbage is removed from buildings daily. SECTION 3. SAVINGS AND REPEALER 24 ORD 2023-06 Page 12 of 12 This Ordinance shall be cumulative of all other ordinances of the Town affecting setting Fee Schedules and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application 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 this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 25th day of April 2023. ______________________________ Mayor, Alicia Fleury D’Elia Town of Trophy Club, Texas _______________________________ _________________________ Anita Otterson, Town Secretary David Dodd, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas 25 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Police Chief Jason Wise, Fire Chief CC: Patrick Arata, Interim Town Manager Anita Otterson, Town Secretary Re: Shared Governance Communications & Dispatch Services Town Council Meeting, April 25, 2023 Agenda Item: Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town and Denton County for the Fiscal Year 2023-2024 Shared Governance Communications and Dispatch Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or her designee to execute all necessary documents (P. Arata). Strategic Link: Safety & Security Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: This Interlocal Agreement is for Police and Fire/EMS dispatch services for FY 2023 - 2024. The agreement states Trophy Club Police Department has a total cost of $46,306.00 and the Fire/EMS Department has a total cost of $11,243.00, for a total of $57,459.00. Financial Considerations: Impact to the General Fund budget of $57,459.00 for Police and Fire/EMS for FY 2023 – 2024. This is an increase of $6,853.00 from FY2022 -2023. Legal Review: The Town Attorney has reviewed this item and concurs with the staff recommendation. Board/Commission/ or Committee Recommendation: Not applicable. 26 Page 2 of 2 Staff Recommendation: Staff recommends Council approve the Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System. Attachments: •Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System 27 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2023-24 Page 1 STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR SHARED GOVERNANCE COMMUNICATIONS & DISPATCH SERVICES SYSTEM This Interlocal Cooperation Agreement for Shared Governance Communications and Dispatch Services System, hereinafter referred to as "Agreement", is made by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as the “County”, and Name of Agency: Town of Trophy Club Fire & Police Departments hereinafter referred to as “Agency”. WHEREAS, the County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, the Agency is duly organized and operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agency; and WHEREAS, parties agree that the utilization of combined communications and dispatch services system will be in the best interests of both the County and the Agency, WHEREAS, the County and the Agency mutually desire to be subject to the provisions of the Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter 791; and NOW THEREFORE, the County and the Agency, for the mutual consideration hereinafter stated, agree and understand as follows: 1. PURPOSE. The Denton County Sheriff (“Sheriff”) has the facilities to provide emergency telecommunications and dispatch services throughout Denton County. The Agency wishes to utilize the Sheriff’s available telecommunications and dispatch services (“Services”) during the term of this agreement. 2. ADVISORY BOARD. The Denton County Sheriff’s Office will establish an Advisory Board for the Shared Governance Communication and Dispatch System “Advisory Board”. The membership of the board shall be the Chief of each Agency, or designee. The Advisory Board may advise and make recommendations to the Sheriff and the Sheriff’s Office on matters relating to the Communications Center, as well as the recommendations for the Annual Agency Workload and Cost Statistics, within the limitations set forth in paragraph 6.1, herein. 3. TERM OF AGREEMENT. The initial term of this Agreement shall be for a one-year period beginning October 1, 2023 and ending on September 30, 2024. 4. TERMINATION OF AGREEMENT. Either party may terminate this agreement, with or without cause, after providing ninety (90) days written notice to the other party. 28 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2023-24 Page 2 5. ANNUAL SERVICE FEE. Each Agency shall pay to the County a fee for services based on the workload generated by the Agency. 5.1. Agency shall pay to County the Total Amount on Exhibit “A”. 5.2. The Agency shall complete Exhibit “A”, Agency Payment Worksheet, to identify the payment terms preferred by Agency. Agency is responsible for sending payments to County 5.3. The fee for service will be based on the pro rata share of the workload generated by the Agency. 5.4. County agrees to provide Agency a proposed service fees for the next budget/fiscal year as agreed by the parties. 5.5 If this Agreement is terminated prior to the expiration of the term of the Agreement, payment shall be pro-rated by written agreement between the parties. 5.6 Dispatch costs for the upcoming fiscal year are calculated utilizing 50% of the approved Communications Budget for the current fiscal year and agency workload statistics from the previous fiscal year. Agency workload percentages are calculated by: 5.6.1. Determining the agency’s percentage of total Calls For Service (CFS) 5.6.2 Determining the agency’s percentage of total Officer Initiated Activity (OIA) 5.6.3 Averaging the values from # 5.6.1 & # 5.6.2 5.6.4 Determining the percentage of OIA that is Mobile Data Computer (MDC) activity 5.6.5 Determining agency OIA that is not MDC Activity 5.6.6 Determining adjusted percentage of OIA that is MDC activity by dividing value of # 5.6.5 by total OIA 5.6.7 Determining agency CFS that are public requests by subtracting agency assists or mutual aid calls from the agency’s CFS 5.6.8 Determining adjusted percentage of total CFS that are public requests by dividing value of # 5.6.7 by total CFS 5.6.9 Determining agency workload percentage by calculating average of # 5.6.6 and # 5.6.8 5.6.10 Determining agency final cost by workload by multiplying value of # 5.6.9 against 50% of the approved Communications budget 6. COUNTY SERVICES AND RESPONSIBILITIES. The County agrees to provide the following services and responsibilities: 6.1 The Sheriff shall have the sole discretion as to the method of providing the Services including, but not limited to the order of response to calls, and shall be the sole judge as to the most expeditious and effective manner of handling and responding to calls for service or the rendering thereof. The Sheriff shall have the sole discretion as to the method and final decision regarding the annual workload and cost statistics. The Sheriff will devote sufficient time to insure the performance of all duties and obligations set forth herein. 6.2 County shall furnish full-time communications services including a twenty-four (24) hours a day, seven (7) days a week public safety answering point, radio services, dispatching services, or law enforcement transmission originating from AGENCY requesting law enforcement and fire 29 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2023-24 Page 3 protection services and access to local, regional, state, and national data bases and telecommunications systems. 6.3 The services provided by County include the following: 6.3.1 twenty-four (24) hours a day, seven (7) days a week public safety answering point; 6.3.2. receiving emergency and routine calls for law enforcement, fire, and medical services; 6.3.3 directing a response to said calls by dispatching the appropriate law enforcement, fire, and medical services; 6.3.4. providing on-going communication support to the emergency personnel in the field; and 6.3.5 updating, maintaining, and managing the County owned radio communications system, computer systems, support files, and resource materials necessary to accomplish the above. 6.4 County may add new Agencies not currently served by Denton County at the discretion of Denton County and the Denton County Sheriff’s Office. 7. AGENCY RESPONSIBILITIES. The Agency agrees to the following responsibilities: 7.1 Providing accurate current GIS data of the corporate limits and extraterritorial jurisdiction of the Agency. 7.2 Furnish County with a current list of all Officers and Reserves authorized by Agency to use the communications system. 7.3 Agency is responsible for the costs and upgrades associated with maintaining Agency’s communication equipment. 7.4 Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes 7.5 Adherence to all Sheriff’s Office communications rules and regulations. 7.6 Agency agrees to provide all necessary and required TLETS paperwork. See Exhibit “B”. 7.7 Appoint representative and agree to participate in the Advisory Board. 7.8 Agency is responsible for sending payments to County as more fully described in Exhibit “A” to this Agreement. 8. AGREEMENT. The parties acknowledge they have read and understand and intend to be bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings, whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement. This Agreement may be amended only by written instrument signed by both parties. 9. AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance with the terms and conditions of this Agreement. 30 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2023-24 Page 4 10. ASSIGNMENT. Neither party shall assign, transfer, or sub-contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. 11. AGENCY LIABILITY. The Agency understands and agrees that the Agency, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the County. The Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed by Texas law. 12. COUNTY LIABILITY. The County understands and agrees that the County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the Agency. The County shall not be required to indemnify nor defend Agency for any liability arising out of the wrongful acts of employees or agents of Agency to the extent allowed by Texas law. 13. DISPUTES/RECOURSE. County and Agency agree that any disputes or disagreements that may arise which are not resolved at the staff level by the parties should be referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure of either Agency or County to perform and/or agree on proportionate reduction in fees shall be submitted to mediation, with the parties splitting the mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. 14. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit A Agency Payment Worksheet Exhibit B TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 15. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 31 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2023-24 Page 5 16. NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class Mail or by other reliable courier to the parties at the following addresses: County: 1 Denton County Judge Denton County Commissioners Court 1 Courthouse Drive, Ste 3100 Denton, Texas 76208 2 Denton County Sheriff Denton County Sheriff’s Office 127 N. Woodrow Lane Denton, Texas 76205 3 Assistant District Attorney Counsel to the Sheriff 127 N. Woodrow Lane Denton, Texas 76205 Name of Agency: Town of Trophy Club Fire & Police Departments Contact Person Mayor Alicia Fleury Address 1 Trophy Wood Dr. City, State, Zip Trophy Club, TX 76262 Telephone 682-237-2900 Email afleury@trophyclub.org 17. SEVERABILITY. The validity of this Agreement and/or any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performed and all compensation payable in Denton County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 18. THIRD PARTY. This Agreement is made for the express purpose of providing communications and dispatch services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by law. This Agreement is not intended to create any liability for the benefit of third parties. 19. VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 20. WAIVER. The failure of County or Agency to insist upon the performance of any term or provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either party’s right to assert or rely upon any such term or right, or future breach of such provision, on any future occasion. 21. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been properly authorized to sign on behalf of their governmental entity. 32 Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System / Trophy Club Fire & Police Departments 2023-24 Page 6 22. CURRENT FUNDS. All payments made by Agency to County pursuant to this Agreement shall be from current revenues available to Agency. 23. DISPATCH & COMMUNICATION RECORDS. The parties acknowledge that the Denton County Sheriff’s Office may release dispatch and communication records of Agency pursuant to the Texas Public Information Act until such a time that the parties agree to transfer such responsibility to Agency. DENTON COUNTY, TEXAS AGENCY ________________________________________ ______________________________________ Andy Eads, County Judge Denton County Commissioners Court 1 Courthouse Drive, Ste 3100 Denton, Texas 76208 (940)349-2820 Alicia Fleury, Mayor Town of Trophy Club 1 Trophy Wood Dr. Trophy Club, TX 76262 682-237-2900 EXECUTED duplicate originals on this Date:________________________ EXECUTED duplicate originals on this Date:___________________________ Approved as to content: _____________________________ Denton County Sheriff’s Office Approved as to content: _____________________________ Fire Chief Jason Wise _____________________________ Police Chief Patrick Arata Approved as to form: _____________________________ Assistant District Attorney Counsel to the Sheriff Approved as to form: _______________________________ Attorney for Agency 33 Exhibit B TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 2023-2024 Twenty-Four Hour Terminal Agency DENTON COUNTY SHERIFF’S OFFICE Non Twenty-Four Hour Terminal Agency Trophy Club Police Department This document constitutes an agreement between the following parties: The Twenty-Four Hour Terminal Agency agrees to make entries into the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC) computers for the Non Twenty-Four Hour Terminal Agency. All records must be entered with the Twenty-Four Hour Agency’s ORI, and all case reports and original warrants must be held at the Twenty-Four Hour Agency for hit confirmation purposes. The Non Twenty-Four Hour Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. The Twenty-Four Hour Agency reserves the right to suspend service to the Non Twenty-Four Hour Agency which may include canceling of records entered for the Non Twenty-Four Hour Agency when applicable policies are violated. The Twenty-Four Hour Agency may reinstate service following such instances upon receipt of satisfactory assurances that such violations have been corrected. In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non Twenty-Four Hour Agency agrees to maintain accurate records of all TCIC/NCIC entries made through the Twenty-Four Hour Agency and to immediately notify the Twenty-Four Hour Agency of any changes in the status of those reports to include the need for cancellation, addition, deletion or modification of information. The Twenty-Four Hour Agency agrees to enter, update and remove all records for the Non Twenty-Four Hour Agency on a timely basis, as defined by NCIC. In order to comply with NCIC Validation requirements, the Non Twenty-Four Hour Agency agrees to perform all validation procedures as required by NCIC on all records entered through the Twenty-Four Hour Agency. Either the Twenty-Four Hour Agency or the Non Twenty-Four Hour Agency may, upon thirty days written notice, discontinue this agreement. To the extent allowed by the laws of the State of Texas, the Non Twenty-Four Hour Agency agrees to indemnify and save harmless the Twenty-Four Hour Agency as well as the DPS, its Director and employees from and against all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrests or imprisonment or any cause of the Non Twenty-Four Hour Agency or its employees in the exercise of the enjoyment of this Agreement. In witness whereof, the parties hereto caused this agreement to be executed by the proper officers and officials. DENTON COUNTY SHERIFF’S OFFICE AGENCY Signature: Signature: By: Tracy Murphree By: Patrick Arata Title: Denton County Sheriff Title: Police Chief Date: ________________________________ Date: 34 Exhibit A 2023-24 Budget Year Denton County Sheriff’s Office Communications Agreement Agency Payment Worksheet/Invoice Agency: Town of Trophy Club Fire & Police Departments Payment Contact Person: Chief Arata, Chief Wise and/or April Duvall Phone Number: 682-237-2900 Email(s): parata@trophyclub.org jwise@trophyclub.org or aduvall@trophyclub.org Address: 1 Trophy Wood Dr. City, State, Zip Trophy Club, TX 76262 AGENCY TOTAL AMOUNT DUE $ 11,243.00 Fire $ 46,306.00 Police $ 57,459.00 Total Agency Should Include this Worksheet with Each Payment Sent to Denton County. Make checks payable to: Denton County Mail payments to: 911 Dispatch Agreement Payments Denton County Sheriff’s Office Attn: Sherry Cochran 127 N. Woodrow Lane Denton, Texas 76205 Payment Plan Options Agency MUST Select One Payment Option 1 One Annual Payment (100%) 2 Two Payments (50%) 3 Four Payments (25%) 4 Twelve Monthly Payments 5 Other Payment Option 35 1 Town of Trophy Club Town Council Regular Session Minutes Tuesday, April 11, 2023; 7 PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, April 11, 2023. The meeting was held at Town Hall, 1 Trophy Wood Dr, Trophy Club, TX 76262. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager David Dodd Town Attorney Patrick Arata Interim Town Manager Jason Wise Fire Chief Anita Otterson Town Secretary Matt Cox Community Development Director April Duvall Finance Director Denise Deprato Human Resources Director Jill Lind Communications and Marketing Director Tony Jaramillo Parks and Recreation Director Tamara Smith Assistant to the Town Manager Jon Ciarletta Police Lieutenant CALL TO ORDER AND ANNOUNCE A QUORUM - Mayor Fleury Mayor Fleury and Mayor for a Day, Caroline Billardello, called the meeting to order at 7pm and announced quorum with all council members present. INVOCATION led by Pastor Joel Quile, Bara Church PLEDGES led by Caroline Billardello, Mayor for a Day Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. ANNOUNCEMENTS AND REPORTS 1. Issuance of Proclamation 2023-06 proclaiming April 11, 2023 as “Caroline Billardello, Mayor for a Day” in Trophy Club, TX (Mayor Fleury). 36 2 Mayor Fleury made a motion to accept the proclamation as read. The motion was seconded by Council Member Monger and passed unanimously. 2.Issuance of Proclamation 2023-07 proclaiming April 28, 2023, as Arbor Day in Trophy Club, TX (Mayer Fleury). Mayor Fleury made a motion to accept the proclamation as read. The motion was seconded by Council Member Flynn and passed unanimously. 3. Issuance of Proclamation 2023-13 proclaiming April 17, 2023, as Patriots’ Day in Trophy Club, Texas (Mayor Pro-Tem Dennis Sheridan). Mayor Pro-Tem Sheridan made note that the proclamation was requested by resident Scott Smith and the Denton Chapter of the Sons of the American Revolution Mayor Pro-Tem Sheridan moved to accept the proclamation as read. The motion was seconded by Council Member Beach and passed unanimously. 4. Parks and Recreation Community Event update (T. Jaramillo) PUBLIC COMMENTS Tiffany Nimphius – 214 Fresh Meadow Dr. – Requesting Charter Review Commission to clarify residency requirements for those seeking office. CONSENT AGENDA 5. Consider and take appropriate action to approve the Town Council Meeting Minutes dated March 28, 2023 (A. Otterson). 6.Consider and take appropriate action regarding a resolution of the Town Council authorizing amendments to financial institution documents naming authorized Town representatives on Texas Local Government Investment Pools (TexPool) signature accounts; and providing an effective date. (A. Duvall). 7.Consider and take appropriate action regarding the First Quarter Investment Report for Fiscal Year 2023 (W. Carroll). 8.Consider and take appropriate action regarding Resolution 2023-02 approving the adoption of the Town of Trophy Club’s Denton County Hazard Mitigation Plan (HMAP) (M. Cox). Mayor Fleury asked for a motion to approve the Consent agenda. A motion was made by Council Member Beach to approve Consent Agenda items 5 through 8. Mayor Pro-Tem Sheridan seconded the motion and the motion passed unanimously. INDIVIDUAL ITEMS 37 3 9. Future Agenda Items List (P.Arata). Mayor announced council was going into executive session at 7:31pm EXECUTIVE SESSION 10. Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551, the Town Council will recess into executive session to discuss the following: a) Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee: i. Recruitment contract and procedures for Town Manager position. b) Section 551.071 Attorney-Client Privilege i. Attorney consultation regarding maintenance of common areas including those within Hogan’s Glen and other HOAs. ii. Deliberate a possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. Council reconvened back into regular session at 9:24 pm RECONVENE INTO REGULAR SESSION Mayor Fleury is adding a Future Agenda item for a Charter Review Sub Committee to address ethical issues. 11. Consider and take appropriate action regarding Executive Session (Mayor Fleury). A motion was made by Mayor Pro Tem Sheridan to execute the SGR contract as presented. The motion was seconded by Council Member Monger. The motion passed unanimously. ADJOURN Mayor Fleury adjourned the meeting. Attest: __________________________ __________________________ Anita Otterson, Town Secretary Alicia L. Fleury D’Elia, Mayor 38 1 Town of Trophy Club Special Joint Town Council EDC-4B Meeting Tuesday, March 28, 2023; 5 PM The Trophy Club Town Council and EDC-4B Board met in a Special Joint Meeting on Tuesday, March 28, 2023. The meeting was held at Town Hall, 1 Trophy Wood Dr, Trophy Club, TX 76262. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 EDC-4B MEMBERS PRESENT: Scott Haro Chair Travis Inge Vice-Chair Teri Addington Director Andrew Borgan Director John Mann Director STAFF PRESENT: Wade Carroll Town Manager David Dodd Town Attorney Anita Otterson Town Secretary CALL TO ORDER AND ANNOUNCE A QUORUM - Mayor Fleury Mayor Fleury called the meeting to order at 5:12 pm and announced a quorum with all Town Council Members present. Economic Development Corporation 4B Chair Scott Haro called the meeting to order and announced a quorum of EDC-4B members present. PUBLIC COMMENTS There were no speakers signed up. CONSENT AGENDA 1.Take appropriate action to approve the EDC-4B Board Meeting Minutes from December 15, 2022. A motion was made by Board Member Teri Addington to approve the meeting minutes from December 15, 2022. The motion was seconded by Andrew Borgan. The motion passed unanimously. EXECUTIVE SESSION 39 2 Mayor Fleury announced that Town Council and EDC-4B Board would be convening into executive session at 5:14 pm. 2. Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551, the Town Council and Trophy Club Economic Development Corporation 4B will recess into executive session to discuss the following: a. Section 551.087 Deliberate Economic Development Negotiations regarding a commercial prospect within the Town of Trophy Club b. Section 551.071 Attorney-Client Privilege - Consultation with the Town Attorney regarding a real estate and economic development opportunity. RECONVENE INTO REGULAR SESSION Town Council and EDC-4B Board reconvened into regular session at 6:22 PM. ADJOURN The meeting was adjourned by Mayor Fleury and Chairman Haro at 6:22 PM. Attest: ____________________________________ ____________________________________ Anita Otterson, Town Secretary Alicia L. Fleury D’Elia, Mayor 40 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Interim Town Manager CC: Anita Otterson, Town Secretary April Duvall, Director of Finance Re: Fiscal Year 2022‐2023 Budget Amendment #1 Town Council Meeting, April 25, 2023 Agenda Item: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2022‐ 2023(FY23) Budget of the Town of Trophy Club, Texas Budget Amendment No. 1; providing for an amendment to appropriate funds related to changes in various departments; and providing an effective date (P. Arata). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: Financial Considerations: Budget Amendment #1 changes the FY23 budget in the following ways: •Increase the Town Manager’s Professional Outside Services line to include costs associated with the recruitment of a new Town Manager and Town Secretary, $ 60,000. •Adjust the department personnel budgets to include the mid-year salary increases approved by council at the 3/1/23 Town Council Meeting. This is a net increase across all departments of $ 177,417.00. •Increase the Fire, EMS & CCPD Small Equipment budgets to allow for the purchase of new Heartstart FRX Defibrillators. Total cost for this equipment is $ 24,492.00. •Adjust the Facilities budget line Flags and Repairs to allow for routine maintenance and replacement of flags in Town, this line’s budget was inadvertently left at zero during the budget process. Budgeted amount $ 15,397.00.41 Page 2 of 2 •Increase the CCPD Capital Projects budget to include approved improvements for the installation of a security fence around the PD parking lot. The improvements were approved by the CCPD board on 2/21/2023 and by Town Council at the 3/28/2023 council meeting. The total fiscal impact to the CCPD Capital Projects budget is a net increase of $ 48,997.00. •Increase the CCPD Professional Outside Services budget for the cost of DNA testing, the net increase for this is $ 6,120.00. •Adjust HOT Fund budget to allocate a portion of the Communications & Marketing Director’s salary to this fund as part of the Visit TC initiative approved at the 12/13/2022 council meeting. Total cost $ 163,801. •The total budget increase for these changes is $ 462,841 across all funds/budgets. Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not Applicable Staff Recommendation: Staff recommends approval of Ordinance No. 2023-07. Attachments: •Ordinance No. 2023‐07 •FY 23 Budget Amendment # 1 Town Council Approval: Mayor Alicia L. Fleury D’Elia or designee 42 43 44 45 46 47 48 49 Page 1 of 2 To: Mayor and Town Council From: Patrick Arata, Police Chief CC: Patrick Arata, Interim Town Manager Anita Otterson, Town Secretary Re: School Resource Officer Services for Summer School Town Council Meeting, April 25, 2023 Agenda Item: Consider and take appropriate action regarding an Interlocal Agreement (Amendment No. 1) between the Town and Northwest Independent School District for Summer School, School Resource Officer (SRO) services for Fiscal Year 2022-2023; and authorizing the Mayor or her designee to execute all necessary documents (P. Arata). Strategic Link: Safety & Security Achieve exceeding high standards for public safety and low crime rate. Background and Explanation: This Interlocal Agreement is for Police School Resource Officer services for Fiscal Year 2022 – 2023 summer school coverage. The agreement provides one School Resource Officers for the school building used this summer for the summer term. This agreement provides that NISD will provide the salary and benefits for the officer. Financial Considerations: NISD will pay the Town the cost of the assigned SRO for the time assigned to the summer school. Legal Review: The Town Attorney has reviewed this item and concurs with the staff recommendation. Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends Council approve the Interlocal Agreement for School Resource Officer services. Attachments: 50 Page 2 of 2 •NISD Interlocal Agreement (Amendment No. 1) for School Resource Officer Services Fiscal Year 2022-2023, summer school. 51 Page 1 of 1 Amendment No. 1 to Interlocal Agreement by and between Town of Trophy Club, Texas and Northwest Independent School District for School Resource Officer Services This Amendment modifies and amends the Interlocal Agreement by and between the Town of Trophy Club, Texas and Northwest Independent School District for School Resource Officer Services (“Agreement”), approved in or around August 2022. The terms contained in this Amendment are fully incorporated into the Agreement as if stated therein. To the extent the terms of the Agreement conflict with terms of this Amendment, the terms of this amendment shall control. Summer School Services. The Town agrees to provide SRO services for summer school classes in the summer of 2023 at Medlin Middle School. Summer School Hourly Rate. In consideration for the services provided during summer school, the District will pay the Town $55.88 per hour for the hours worked by the officer. By signing this Amendment, each party affirms that it has been approved by its respective governing body in a duly called public meeting. NORTHWEST ISD Town of Trophy Club, TEXAS P.O. Box 77070 1 Trophy Wood Drive Fort Worth Texas 76177 Trophy Club, Texas 76262 By: By: Printed Name: Printed Name: Title: Title: Date: Date: 52 Page 1 of 3 To: Town Council From: Matt Cox, Director of Community Development CC: Patrick Arata, Interim Town Manager Anita Otterson, Town Secretary Re: Case FP-23-002 The Trophy Town Council Meeting, April 25, 2023 Agenda Item: Case FP-23-002 The Trophy Consider and possibly act on a Final Plat request consisting of seven (7) townhome lots along with one (1) common area lot and one (1) private street and utility access easement lot on property described as Lot 3R2, Block A, Trophy Wood Business Center, an addition to the Town of Trophy Club, located at 401 Trophy Wood Drive in the Town of Trophy Club, Tarrant County, Texas, currently zoned PD-25, Planned Development. Strategic Link: Infrastructure & Development – Foster a business-friendly environment. Background and Explanation: The property has access to an improved public street (Trophy Wood Drive/80-foot ROW) along with public water and sewer. The site generally slopes to the south. The property was previously platted as one lot when it was part of PD-25 and zoned for office uses and the Final Plat is a Replat of Trophy Wood Business Center, Block A, Lot 3R2. The development will require a Homeowners’ Association to be responsible for the landscaping and screening, the private street lot, and the common area lot. Engineering plans were submitted and approved by the Town Engineer and Trophy Club Municipal Utility District No. 1. Analysis: The proposed Final Plat conforms to the approved PD-35 zoning ordinance and the approved Preliminary Plat. The minimum average lot size per zoning is 3,000 square feet and the average lot size provided is 3,593 square feet. 53 Page 2 of 3 PD-35 The Trophy Townhomes Development Standards Minimum Lot Size 2,550 square feet Minimum Average Lot Size 3,000 square feet Minimum Lot Width 30 feet Minimum Lot Depth 85 feet Min Front Setback 17 feet with 5-foot front porch encroachment Min. Rear Setback 10 feet Min. Side Yard Setback 0 between units (internal) 5 feet at end of structure (lot 7) 15 feet adjacent to street Min Garage Setback 22 feet Other Development Requirements: It is important to note the following items will need to be satisfied prior to an earth disturbance permit being issued, a preconstruction meeting, and/or the plat being filed with Tarrant County: Subdivision Regulations: 1. Final Plat shall not be filed with Tarrant County until compliance with all necessary fiscal agreements, including all fees and/or other assessments have been completed, Section 10.02.068 (a); 2. Final Plat shall not be filed until all bonds/securities, and all developer agreements or subdivision agreements have been executed by all involved parties and accepted by the town, Section 10.02.068 (l); 3. Final Plat shall not be filed until all fees have been paid, including Park Dedication Fees, per Section 10.03.010 of the Town’s Subdivision Ordinance; 4. Tree preservation and removal application/permit have been completed per Chapter 10, Division 8. Tree Preservation and Removal prior to earth disturbance permit being issued; 5. Approval and permit required, per Section 10.02.251 Land-disturbing activities prior to earth disturbance permit being issued; 6. Park land dedication. Dedication or payment required prior to beginning development, per Section 10.03.009; 7. HOA documents shall be submitted and approved by the Town of Trophy Club prior to a preconstruction meeting; Zoning Ordinance: 8. Landscape and perimeter screening plans (six-foot screening wall where lots side/back to a primary collector or greater) shall be submitted and approved, as outlined in the PD ordinance and Section 14.02.352 Landscape Regulations of the Town’s Zoning Ordinance, prior to a preconstruction meeting; and 9. PD ordinance requirements for compliance with Tree Preservation and Removal, per Section 10.02.248 of the Subdivision Regulations. Financial Considerations: Not applicable. Legal Review: This item is under review by the Town Attorney.54 Page 3 of 3 Staff Recommendation: Staff recommends approval of the Final Plat as presented. Planning & Zoning Commission Recommendation: The Planning & Zoning Commission recommended approval (5-1) of the Final Plat at a special called meeting on April 5, 2023. Attachments: •Exhibit A – Final Plat, The Trophy 55 VICINITY MAP CERTIFICATE OF SURVEYOR OWNER'S CERTIFICATEGENERAL NOTES(NOT TO SCALE)STATE OF TEXAS §§STATE OF TEXAS §§1. The Town or the Trophy Club Municipal Utility District No. 1, as applicable, shall issue no permituntil the completion of all dedicated improvements, and acceptance of such improvementsassociated with the subdivision, are approved by the Town. COUNTY OF DENTON COUNTY OF TARRANT That I, MATTHEW RAABE, do hereby certify that I prepared this Plat from an actual survey on the land and that the corner monuments shownthereon were properly placed under my personal supervision in accordance with the subdivision regulations of the Town of Trophy Club, Texas. 2. The owner is responsible for the operation and maintenance of any commonly held property andreleases the Town of Trophy Club from such responsibility. Should the entity responsible formaintenance of common held property fail to perform the function, the Town has the authority toprovide appropriate maintenance and repair and collect appropriate fees and reimbursements. WHEREAS, NUMBERS ONLY, INC., acting by and through the undersigned, its duly authorized agent, is the sole owner of a 0.947 acre tract ofland situated in the JOSEPH HENRY SURVEY, Abstract No. 528, Tarrant County, Texas, and being all of Lot 3R2, Block A, Trophy WoodBusiness Center, a subdivision of record in Document No. D208439009, of the Official Public Records, Tarrant County, Texas, as conveyed byGeneral Warranty Deed to Numbers Only, Inc recorded in Document Number D216124775, of said Official Public Records, and being moreparticularly described as follows: Dated this the _______ day of ____________________, 2023.PRELIMINARYthis document shall not be recorded for anypurpose and shall not be used or viewed or 3. Selling a portion of this addition by metes and bounds is a violation of Town ordinance and Statelaw and is subject to fines and withholding of utilities and building permits. BEGINNING, at a PK nail found in the Northwest right-of-way line of Trophy Wood Drive, being the Southeast corner of said Lot 3R2 and theNortheast corner of Lot 3R1, Block A, of said Trophy Wood Business Center; relied upon as a final survey document__________________________________Matthew Raabe, R.P.L.S. # 6402 N 4. This plat does not alter or remove existing deed restrictions, if any, on this property.THENCE along the North lines of said Lot 3R1, being the common South lines of said Lot 3R2, the following two (2) courses and distances:5. The purpose of this plat is to divide Lot 3R2 into 7 residential lots, 1 common area and 1 privatestreet and utility easement lot. 1. N66°26'48"W, a distance of 272.34 feet to a 1/2" iron rod with green plastic cap stamped “EAGLE SURVEYING” set, from which a 1/2"iron rod with plastic cap stamped “GRAHAM & ASSOCIATES” found bears N71°16'02”E, a distance of 0.41 feet; STATE OF TEXAS §§COUNTY OF DENTON 2. S86°07'15"W, a distance of 52.13 feet to a 1/2" iron rod with green plastic cap stamped “EAGLE SURVEYING” set in the Southeast lineof Lot 15, Block 1, The Villas at Trophy Club, a subdivision of record in Cabinet M, Slide 212, of the Plat Records of Denton County,Texas, at the beginning of a non-tangent curve to the right, from which a 1/2" iron rod found bears S47°15'22”W, a distance of 1.21 feet; 6. This property is located in Non-Shaded Zone "X" as scaled from the F.E.M.A. Flood InsuranceRate Map dated September 25, 2009 and is located in Community Number 481606 as shownon Map Number 48439C0085K. The location of the Flood Zone is approximate, no verticaldatum was collected at the time of the survey. For the exact Flood Zone designation, pleasecontact 1-(877) FEMA MAP. Before me, the undersigned Notary Public in and for said County and State on this day personally appeared MATTHEW RAABE, known to me tobe the person whose name is subscribed to the foregoing considerations therein expressed, and in the capacity therein stated. SITE 1" = 20'THENCE along the South lines of said Block 1, The Villas at Trophy Club, being the common North lines of said Lot 3R2, the following three (3)courses and distances:0 10 20 Given under my hand and seal of office this _______ day of _______________________, 2023.7. All interior lot corners are monumented with a 1/2" iron rod with green plastic cap stamped"EAGLE SURVEYING" unless otherwise noted. 1. Along said non-tangent curve to the right, having a radius of 586.27 feet, a chord bearing of N57°27'45"E, a chord length of 169.57 feet,a delta angle of 16°37'50", an arc length of 170.17 feet to a 5/8” iron rod with plastic cap stamped “CARTER BURGESS” found; ____________________________________________Notary Public in and for the State of Texas 2. N65°46'40"E, a distance of 38.16 feet to a 1/2" iron rod with green plastic cap stamped “EAGLE SURVEYING” set;8. The bearings shown on this survey are based on GPS observations utilizing the AllTerra RTKNetwork. North American Datum of 1983 (Adjustment Realization 2011) Texas North CentralZone 4202. 3. S81°23'02"E, a distance of 186.98 feet to a 1/2" iron rod with green plastic cap stamped “EAGLE SURVEYING” set in the Northwestright-of-way line of said Trophy Wood Drive, at the southeast corner of Lot 22, Block 1, of said The Villas at Trophy Club and thenortheast corner of said Lot 3R2;9. Scheffler Court is a private street and utility easement to be owned and maintained by TheTrophy HOA.THENCE along the Northwest right-of-way line of said Trophy Wood Drive, being the common Southeast lines of said Lot 3R2, the following two(2) courses and distances:10. Common Area Lot, Lot 8X, is to be owned and maintained by the Trophy HOA.1. S18°16'23"W, a distance of 178.39 feet to a 1/2" iron rod with plastic cap stamped “GRAHAM & ASSOCIATES” found at the beginning ofa tangent curve to the right;LINE TABLEBEARING 11. Maintenance of the 15' Landscape Easement recorded in Cabinet V, Page 295, P.R.D.C.T., asshown hereon is the responsibility of the Trophy HOA. LINEL1L2L3L4L5L6L7L8 DISTANCE9.66' UTILITY CERTIFICATE 2. Along said tangent curve to the right, having a radius of 810.00 feet, a chord bearing of S18°49'27"W, a chord length of 15.59 feet, adelta angle of 01°06'10", an arc length of 15.59 feet to the POINT OF BEGINNING and containing an area of 0.947 Acres, or (41262Square Feet) of land, more or less. N 23°33'12" EN 54°29'51" WN 24°05'13" WN 65°54'47" ES 83°23'50" WN 23°33'12" EN 66°26'48" WN 23°33'12" ES 66°26'48" EN 23°33'12" EN 66°26'48" WS 23°33'12" W 15.83'22.71'20.71'17.34'10.00'205.00'66.31'80.00'10.00'86.32'81.60' THIS PLAT CORRECTLY REPRESENTS THE REQUIRED EASEMENTS FOR THIS DEVELOPMENT. BY/DATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:CHARTER COMMUNICATIONS _______________________________________THAT, NUMBERS ONLY, INC., does hereby adopt this plat designating the herein above described real property as THE TROPHY, an addition tothe TOWN OF TROPHY CLUB, TARRANT COUNTY, TEXAS, and we do hereby dedicate to the public's use forever the streets and easementsshown thereon. L9 ONCOR _______________________________________ _______________________________________ _______________________________________ L10L11L12 AT&T WITNESS OUR HANDS AT __________, COUNTY, TEXAS THIS THE ____ DAY OF _________, 2023. BY OWNER: NUMBERS ONLY, INC. ATMOS ENERGYCURVE TABLERADIUS DELTA ANGLE BLOCK 1THE VILLAS AT TROPHY CLUBCAB. M, PAGE 212,P.R.D.C.T. CURVEC1 ARC LENGTH15.59' CHORD BEARINGS 18°49'27" WN 57°27'45" ES 08°50'32" WS 54°19'15" ES 86°42'59" W CHORD LENGTH15.59' THROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 _______________________________________810.00'586.27'30.50'30.00'30.00' 1°06'10"16°37'50"257°55'31"24°15'06"53°40'26" C2C3C4C5 170.17'137.30'12.70' 169.57'47.43'12.60'27.09' LOT 19 _______________________________________HARI POLAVARAPU, PRESIDENT 28.10'LOT 20LOT DATA TABLEAREA (AC)0.579 CIRS STATE OF TEXASLOT 21TYPEAREA (SF)25,15716,105 LOT 18 COUNTY OF ___________________RESIDENTIALNON-RESIDENTIALTOTAL AREA 0.3680.947 LOT 2241,262 CIRF BEFORE ME, the undersigned authority, on this day personally appeared HARI POLAVARAPU, President of Numbers Only, Inc., know to me tobe the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose andconsideration expressed and in the capacity therein stated. "CARTERBURGESS"1/2"IRF LOT 17 PKF Given under my hand and seal of office this _______ day of _______________________, 2023.LOT 8XCOMMON AREA0.208 AC CIRSN:7045068.44E:2376315.00 __________________________________Notary Public in and for the State of Texas 9,068 SF LOT 16 TOWN COUNCIL & PLANNING AND ZONINGCOMMISION APPROVAL LOT 8XCOMMON AREA0.208 AC9,068 SF TOWN OF TROPHY CLUB, TEXASLOT 15 LOT 70.098 AC4,272 SF PLAT APPROVAL DATE: _________________________________TROPHY CLUBECONOMICDEVELOPMENTCORPORATION 4BDOC. NO. D217236719O.P.R.T.C.T. CIRS FROM WHICH A CIRF"GRAHAM & ASSOCIATES"BEARS N71°16'02"E, 0.41' LOT 3R2, BLOCK ATROPHY WOOD BUSINESS CENTERDOC. NO. D208439009O.P.R.T.C.T. BY:__________________________________________________,MAYOR BLOCK A0.947 AC LOT 60.067 AC2,899 SF CALLED 0.946 ACRESNUMBERS ONLY, INC.doc. no. d216124775o.p.r.t.c.t. 41,262 SF ATTEST:______________________________________________,TOWN SECRETARY CIRS FROM WHICH A1/2"IRF BEARSS47°15'22"W, 1.21' LOT 50.062 AC2,687 SF ATTEST:______________________________________________,PLANNING & ZONING COMMISSION CHAIRPERSON 30' BUFFER ESMT.CAB. V, PG. 295P.R.D.C.T. LOT 40.073 AC3,204 SF 10' DRAINAGE EASEMENTDOC. NO. D208439009O.P.R.T.C.T. LOT 30.077 AC3,380 SF FINAL PLATTHE TROPHY LOT 20.077 AC3,380 SF LOTS 1-7, 8X, & 9X, BLOCK ALOT 10.123 AC5,334 SF LEGEND BEING A REPLAT OF LOT 3R2, BLOCK A,TROPHY WOOD BUSINESS CENTER,AN ADDITION TO THE TOWN OF TROPHY CLUB,TARRANT COUNTY, TEXASBEING 0.947 ACRES OF LAND OUT OF THEJOSEPH HENRY SURVEY, ABSTRACT NO. 528 POB SF = POINT OF BEGINNING = SQUARE FEET LOT 3R1, BLOCK ATROPHY WOODBUSINESS CENTERDOC. NO. D208439009O.P.R.T.C.T. (CM) IRF = CONTROLLING MONUMENT = IRON ROD FOUND = 1/2 CIRS PKF CIRF CIRF"GRAHAM &ASSOCIATES" = PK NAIL FOUND1/2" IRON ROD WITH CAPSTAMPED (AS SHOWN) 7 TOWNHOUSE LOTS, 1 PRIVATE STREET LOT,AND 1 COMMON AREA LOT = CAB. PG. = CABINET = PAGE 26' FIRE LANE &APRIL 2023POBPKFN:7044884.28E:2376254.04 ACCESS EASEMENTDOC. NO. D208439009O.P.R.T.C.T. DOC. NO. = DOCUMENT NUMBERPLAT RECORDSDENTON COUNTY, TEXAS Eagle Surveying, LLC222 South Elm StreetSuite: 200 JOB NUMBER2201.010DATE P.R.D.C.T.= SURVEYOR ENGINEERJDJR Engineers andConsultants, Inc. OWNER DEVELOPERElborai Group, LLCContact: Amr Elborai720 S. Kimball AvenueSouthlake, TX 76092(214) 437-8128 OFFICIAL PUBLIC RECORDS,DALLAS COUNTY, TEXAS O.P.R.T.C.T. =Eagle Surveying, LLCContact: Brad Eubanks222 S. Elm Street, Suite: 200Denton, TX 76201 Numbers Only, Inc.Contact: Hari Polavarapu1848 Norwood Plaza, Suite: 112Hurst, TX 76054 04/19/2023REVISION- Denton, TX 76201940.222.3009www.eaglesurveying.comTX Firm # 10194177 Contact: Debra Cox2500 Texas Drive, Suite: 100Irving, TX 75062 SUBJECT BOUNDARY LINE EASEMENT / BUILDING LINE CENTERLINE (940) 222-3009 (732) 216-4639C(972) 252-5357L DRAWN BYBEPAGE 1 OF 1 56 Page 1 of 2 To: Mayor and Town Council From: Tony Jaramillo, Director of Parks and Recreation CC: Patrick Arata, Interim Town Manager Anita Otterson, Town Secretary Re: Professional Services of Four Dedicated Pickleball Courts at Harmony Park Town Council Meeting, Monday, April 25, 2023 Agenda Item: Consider and take appropriate action regarding a requisition request for the procurement of services between Halff and Associates and the Town of Trophy Club in a not to exceed amount of $49,835 for consulting services four dedicated pickleball courts at Harmony Park. Strategic Link: Nature and Beautification: Maintain Town assets, services, and code of ordinance that preserve the natural beauty of the Town. Background and Explanation: At the March 28, 2023, Town Council meeting, the Council approved utilizing Parkland Dedication Funds for the construction of four dedicated pickleball courts at Harmony Park, adjacent to the existing two tennis courts. Growing in popularity, the Town recognizes the desire of the community for a dedicated pickleball area, accessible to the public. HALFF and Associates anticipates two (2) months to complete the design and three (3) months to complete construction. Staff is requesting the approval of HALFF Associate, Inc. proposal to provide professional services for the pickleball court addition at Harmony Park project. Financial Considerations: Funding for this project was allocated from the Parkland Dedication Fund as approved by the Town Council at the March 28, 2023, Town Council meeting. Staff is requesting approval of Services from Halff and Associates in a not to exceed amount of $49,835.00. 57 Page 2 of 2 Legal Review: The Town Attorney has reviewed and approved all documents. Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends the approval of the authorization of an agreement between the Town of Trophy Club and HALFF and Associates, Inc. for services of the construction of four dedicated pickleball courts at Harmony Park project in a not to exceed amount of $$49,835 as presented. Attachments: •HALFF Associates Inc. Scope and Fee Bid •HALFF Associates Inc. Requisition Request 58 Trophy Club – Harmony Park Pickleball Complex Page 1 April 19, 2023 AVO P54582 Mr. Tony Jaramillo – Director of Parks and Recreation Town of Trophy Club 1 Trophy Wood Drive Trophy Club, TX 76262 Re: Proposal for Landscape Architectural Services Trophy Club – Harmony Park Pickleball Complex Agreement between CLIENT and LANDSCAPE ARCHITECT Dear Tony: Halff Associates Inc. is pleased to submit the following scope and fee proposal to provide professional services for the Harmony Park Pickleball Complex for the Town of Trophy Club, Texas. Sub-consultants joining the Halff team for this project will be Yaggi Engineering for court lighting design and CMJ Engineering for geotechnical engineering. We propose the following services as described in the Scope of Services (Attachment A). We appreciate the opportunity to submit our proposal for this project. Please feel free to contact me at (817) 764-7447 or at kwilson@halff.com if you have any questions or comments regarding this proposal. Sincerely, HALFF ASSOCIATES, INC. Kirk Wilson, PLA Team Leader, Director of Landscape Architecture, Ft. Worth 59 Trophy Club – Harmony Park Pickleball Complex Page 2 ATTACHMENT A TROPHY CLUB – HARMONY PARK PICKLEBALL COMPLEX PROFESSIONAL SERVICES PURPOSE Halff (CONSULTANT) shall provide professional services for the Trophy Club – Harmony Park Pickleball Complex (PROJECT) for the Town of Trophy Club (CLIENT). ASSUMPTIONS This scope of services for this proposal has been prepared using the following assumptions as a basis for its preparation: 1. The CLIENT will provide the CONSULTANT with any digital CAD files they have for existing improvements in Harmony Park. 2. The anticipated project budget is $350,000.00. 3. The construction of this project will be divided into two projects. Project 1 will be accomplished with a Buy Board Contractor and will include the following: • All things associated with the court slab, including the post-tensioned concrete slab, court surfacing and striping, fencing, shade shelters and nets. • The walkway from the parking lot to the court. • Modifications to the parking lot striping if accessible parking spaces are required. • Court lighting including setting the lights, installing conduit back to a point near the panel board and placing wire in the conduit (they will not make the electrical connection). Project 2 will be the remainder of the project that will be posted for bid and will include the following: • Earthwork and demolition • Grass planting • Irrigation • Electrical connection 60 Trophy Club – Harmony Park Pickleball Complex Page 3 SCOPE OF SERVICES As follows are the task items associated with the anticipated scope of services: GENERAL DESCRIPTION: CONSULTANT will provide the following professional services: 1. Preparation of construction documents for the following improvements: a. Concrete walkway from the parking lot to the courts b. Pickleball court with the following improvements: • Fencing and gates • Courtside shade shelters • Surfacing and paint striping • Nets and net posts c. Irrigation d. Grass planting e. Court lighting 2. Coordination with the Project 1 Buy Board contractor during the Buy Board negotiation process. 3. Bidding and construction services associated with the proposed improvements listed above in Project 2. TASK 1 – PROJECT MANAGEMENT Communications and Reporting: CONSULTANT will provide monthly reports to the CLIENT that describe current progress, identify outstanding issues and/or items of future concern. The reports will be in 8.5”x11” format and submitted electronically to the CLIENT for their use and distribution. Coordination/Project Kick-off Meeting: CONSULTANT will organize one (01) coordination/project kick-off meeting with the CLIENT to confirm the projects goals and objectives and project schedule. Notes will be taken by the CONSULTANT at this meeting to record items discussed and decisions made and will be delivered in digital format to the CLIENT. Design Review Meetings: CONSULTANT will conduct design submittal review meetings with the CLIENT to discuss the PROJECT progress at the submittal milestones identified below. All design submittal review will be in-person meetings. Notes will be taken by the CONSULTANT at these meetings to record items discussed and decisions made and will be delivered to the CLIENT. The submittal milestones are as follows • 60% Design – One (01) meeting, and 61 Trophy Club – Harmony Park Pickleball Complex Page 4 • Final Design – One (01) meeting. Deliverables: CONSULTANT will provide the CLIENT with the following deliverables: • PDF digital copies of the monthly progress reports. • PDF digital copy of the kickoff meeting notes. • PDF digital copies of the Design Review meeting notes. TASK 2 – SURVEYING SERVICES Topographic Survey: A licensed surveyor will perform detailed topographical surveying for the area of the proposed pickleball courts. The survey will be based on Texas State Plane Coordinate System 4202 North Central Texas datum. The survey will include the following: • Horizontal and Vertical control points established such that all points of construction are within five hundred (500’) feet of a control point. • Ground surface contours at an interval of one (1’) foot supplemented by appropriate spot elevations accurate to 0.1 -foot elevation. • Existing trees six (6”) inches in caliper or larger will be tied, with caliper size and tree species indicated and tagged. • Existing surface utility appurtenances will be identified, along with other visible surface features and existing improvements. • Existing underground utilities will be shown according to the best available information (based on field ties of visible surface appurtenances and Harmony Park record drawings). The surveyor and landscape architect cannot certify the accuracy or completeness of the record documents used to locate the existing underground utilities. Deliverables: Deliverables provided by the CONSULTANT to the CLIENT shall include the following: • PDF electronic copy of the topographic survey. TASK 3 – GEOTECHNICAL SERVICES Subsurface Drilling: Drillers and technicians will evaluate subsurface conditions with two (02) sample borings based on the following field program. • Drilled to depths of twenty-five to thirty (25 to 30) feet or extend at least five (05) feet into bedrock. Geotechnical Report: 62 Trophy Club – Harmony Park Pickleball Complex Page 5 A geotechnical report will be prepared to present the results of the field and laboratory testing together with an analysis of the results and provide recommendations. The report will address the following: • General soil and ground-water conditions. • Recommendations for foundation type, depth and allowable loading. • Minimum penetration of piers to resist uplift (if required). • Foundation construction requirements. • Earthwork recommendations, and • Guidelines for pavement design. Deliverables: Deliverables provided by the CONSULTANT to the CLIENT shall include the following: • One (01) 8.5”x11” printed copy and a digital PDF copy of the geotechnical report. TASK 4 – BASE PLAN Base Plan: CONSULTANT will prepare a base plan using the digital CAD files provided by the CLIENT combined with the topographic survey. This base plan will be used as a base for the design for the proposed improvements. Deliverables: CONSULTANT will provide the CLIENT with the following deliverables: • Digital PDF copy of the base plan in a twenty-two (22”) inch by thirty-four (34”) inch format. TASK 5 - CONSTRUCTION DOCUMENTS Construction Document Preparation: Based upon the CLIENT approved scope of proposed improvements, CONSULTANT shall prepare Schematic (30%), 75% and Final construction documents for approval by the CLIENT. CONSULTANT shall prepare each submittal for review and comment. CONSULTANT will provide the following drawings and deliverables: A. Existing Conditions and Demolition Plan – CONSULTANT will prepare a demolition plan that identifies existing site features and vegetation that will be removed and preserved for the project in conjunction with the proposed layout. B. Layout Plan – CONSULTANT will prepare a construction layout plan that ties down the location of proposed improvements. 63 Trophy Club – Harmony Park Pickleball Complex Page 6 C. Grading Plan – CONSULTANT will prepare a grading plan that will show existing and proposed contour lines and spot grades as required. D. Erosion Control Plan – CONSULTANT will prepare an erosion control plan. This task is for the preparation of design drawings and associated details only. CONSULTANT will utilize the most current TCEQ and Town of Trophy Club requirements for the design of silt fence and construction entrance as required. E. Landscape Plan – CONSULTANT will prepare a landscape plan that mitigates for areas of existing turf and landscaping impacted by proposed construction. F. Irrigation Plan – CONSULTANT will prepare an irrigation plan that modifies the existing irrigation system to accommodate new construction. Notes and legends will be included as well. G. Structural Plans – CONSULTANT will prepare structural plans for the light pole footings. H. Court Lighting Plans – CONSULTANT will prepare court lighting plans. Design will include either tying into the tennis court lighting panel board or working with the electrical provider to bring new service if necessary. I. Details Sheets – CONSULTANT will prepare details for all proposed improvements. J. Technical Specifications – CONSULTANT will prepare technical specifications. Specifications will be submitted at the 75% and Final submittal milestones. K. Bid Documents – CONSULTANT will prepare bid documents including advertisement to bid, invitation to bid, bid form, general and special conditions, bond forms and other documents that may be required by the CLEINT. L. Opinion of Probable Construction Cost – CONSULTANT will prepare an opinion of probable construction cost at each construction document submittal milestone utilizing industry available unit prices and current bid tabulations for similar projects. Design Review: Construction documents will be submitted to the CLIENT for review at the completion of 60% and Final design. A design review meeting will be held upon the completion of CLIENT review to discuss review comments. Notes will be prepared by the CONSULTANT to record the items discussed and decisions made at these design review meetings. Refer to Task 1. Deliverables: 64 Trophy Club – Harmony Park Pickleball Complex Page 7 Deliverables provided by the CONSULTANT to the CLIENT shall include the following: • Hard copy and a digital PDF copy of the 60% and Final Construction Documents. • Digital PDF copy of the opinion of probable construction cost. • Digital PDF copy of the design review meeting notes. • Digital PDF copy of the technical specifications to be delivered with the 75% and final review documents. TASK 6 – ACCESSIBILITY REVIEW Accessibility Review: CONSULTANT will register the project with the Texas Department of Licensing and Regulation and will submit drawings and specifications to a third-party registered accessibility specialist (RAS) for accessibility review. CONSULTANT will adjust the construction documents based on comments received as needed. Cost for these adjustments are included as part of the base scope of services. • Review and inspection fees, payable to the RAS, will be paid by the CONSULTANT and delivered with the construction documents to the RAS. The cost for the review and inspection fees, the printing of plans and specifications and shipping will be a reimbursable expense as defined herein. Accessibility Inspection: CONSULTANT will coordinate and accompany the third-party registered accessibility specialist (RAS) on the accessibility inspection once construction is complete. Deliverables: Deliverables provided by the CONSULTANT to the CLIENT shall include the following: • Digital PDF copy of the registration forms and the accessibility review specialist review comments. TASK 8 - BIDDING SERVICES CONSULTANT will provide the following bidding services on an hourly rate not to exceed basis: Buy Board Project Delivery: CONSULTANT will provide the following bidding services associated with the Buy Board project delivery approach: • Organize a pre-proposal meeting with Town staff and Buy Board vendor to discuss expectations, schedule and deliverables. Notes will be taken to record items discussed at this meeting and will be delivered to the CLIENT. 65 Trophy Club – Harmony Park Pickleball Complex Page 8 • Prepare bid documents for digital distribution to the Buy Board vendor. The bid documents will consist of digital PDF copies of the plans and specifications. • Assist the CLIENT during the negotiation process by addressing technical questions and vendor inquiries. CONSULTANT will prepare addenda for issuance to the Buy Board vendor if necessary. Addendums will be added to the construction documents and the construction documents reissued as “Issued for Construction” documents. • Review vendor proposal and make recommendation to the CLIENT on whether to accept, reject and modify the vendor proposal. • Coordinate with the Trophy Club purchasing department. Bidding Project Delivery: CONSULTANT will provide the following bidding services associated with the Project 2 bidding project delivery approach: • Organize and attend a pre-bid meeting to describe the project design and expectations to prospective bidders. Notes will be taken to record items discussed at this meeting and will be delivered to the CLIENT. • Prepare bid documents for digital distribution. The bid set will consist of digital PDF copies of the plans and specifications. • Assist the CLIENT during the bidding process by addressing technical questions and bidder inquiries. CONSULTANT will prepare addenda for issuance to the bidders if necessary, Addendums will be added to the construction documents and the construction documents reissued as “Issued for Construction” documents prior to the start of construction. • Attend the bid opening. • Prepare a bid tabulation accompanied by a letter of recommendation. Deliverables: Deliverables provided by the CONSULTANT to the CLIENT shall include the following: • Digital PDF copy of addendums (if necessary). • Digital PDF copy of the “Issued for Construction” documents. • Digital PDF copy of the pre-bid meeting notes. • Digital PDF copy of the bid tabulation. • Digital PDF copy of the letter of recommendation. TASK 9 - CONSTRUCTION SERVICES CONSULATANT will provide the following construction related services on an hourly rate basis: Pre-construction conference: 66 Trophy Club – Harmony Park Pickleball Complex Page 9 Organize and participate in two (02) pre-construction conferences (Project 1 construction and Project 2 construction) with the CLIENT and CONTRACTORS to outline expectations, establish lines of communication, describe procedures, etc. Notes will be taken by the CONSULTANT to document items discussed during this conference and will be distributed to the CLIENT. Submittal, Shop Drawing and RFI Review: Review and provide written responses to CONTRACTOR submittals, shop drawings and RFI’s. RFI responses will either be in the form of a change order or construction change directive if there is no impact to project budget or schedule. Site Visits: Visit the project site at appropriate intervals to observe the progress and quality of the Work completed by the CONTRACTOR. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of the CONTRACTOR’s work. Observations are to allow the CONSULTANT, or its assigns, as experienced professionals, to become generally familiar with the Work in progress and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Site visit reports will be prepared by the CONSULTANT to document existing conditions, installed items, construction progress and items discussed during these site visits. Digital PDF copies of these site visit reports will be distributed to the CLIENT no more than five (05) da ys after the site visit. CONSULTANT will participate in no more than eight (08) site visits during construction. Notify the CLIENT immediately of any emergency conditions or notable occurrences observed while conducting these site visits. CONSULTANT shall not be responsible for any acts or omissions of the CONTRACOR, subcontractor, any entity performing any portions of the Work, or any agents or employees of any of them. CONSULTANT does not guarantee the performance of the CONTRACTOR and shall not be responsible for the CONTRACTOR’s failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. Pay Application Review: CONSULTANT will participate in monthly pay application review meetings. Based on the outcome of these meetings the Contractor will complete the pay application and send it to the CONSULTANT for approval. Pay applications, once reviewed, will be delivered to the CLIENT for final approval. During these pay application review meetings, the project schedule, the submittal and RFI log and the on-site record drawing documentation will be reviewed. Anticipate no more than nine (09) pay application review meetings Pre-final and Final Observations: Conduct a Project 1 and Project 2 pre-final observation with the CLIENT to check conformance of the construction with the Contract Documents and to verify the accuracy and completeness of the construction. The CONSULTANT will prepare a punch list that summarizes discrepancies in the confor mance of the construction giving a description of the discrepancy, photographic and a geographical description of the discrepancy location. Once discrepancies are corrected, one (01) Phase 1 final observation and one (01) Phase 2 final observation with the CLIENT will be performed to confirm discrepancies were corrected. Any follow-up observations that are required will be considered additional services. 67 Trophy Club – Harmony Park Pickleball Complex Page 10 Record Drawings: Based on documentation provided by the CONTRACTOR(S) the CONSULTANT will prepare a set of Record Drawings. The CONSULTANT does not guarantee the accuracy of these documents. Deliverables: Deliverables provided by the CONSULTANT to the CLIENT shall include the following: • Digital PDF copies of the pre-construction meeting notes. • Digital PDF copies of site visit reports. • Digital PDF copies of the submittal, RFI and shop drawing responses. • Digital PDF copies of change orders or construction change directives. • Digital PDF copies of the approved pay applications. • Digital PDF copies of the pre-final observation punch list. • Digital PDF copy of the Record Drawings. SCHEDULE We anticipate it will take two (02) months to complete the design and will take three (03) months to complete construction. BASIS OF COMPENSATION The services described Task 1 through 6 above shall be compensated on a lump sum basis as noted below. Task 7 and 8 shall be compensated on an hourly rate basis. Task 1 - Project management and meetings $3,10.00 Task 2 - Surveying services $3,710 .00 Task 3 - Geotechnical services $4,790 .00 Task 4 - Base plan $1,310 .00 Task 5 - Construction documents $23,490 .00 Task 6 - Accessibility review $720 .00 TOTAL LUMP SUM SERVICES $37,130.00 Task 7 - Bidding services $2,150.00 Task 8 - Construction services $8,855.00 68 Trophy Club – Harmony Park Pickleball Complex Page 11 TOTAL HOURLY RATE SERVICES $11,005.00 Direct Cost $1,700.00 Direct Costs shall include, but are not necessarily limited to expenses for supplies, transportation, equipment, travel, communication, printing of plans and specifications, presentation boards, graphic boards, TAS review and inspection fees and similar incidentals. All project related expenses will be billed at cost plus 10%. ATTACHMENT B AVAILABLE ADDITIONAL SERVICES The following services are not included in the scope or fees for this proposal; but can be provided by the CONSULTANT, subject to negotiation: 1. Any additional work not specifically included in the Proposed Scope of Work will be accomplished as Additional Services. 2. CLIENT generated changes to the design once Construction Document Preparation is beyond seventy-five (75%) percent complete. 3. Revisions to the plans requested by the CLIENT after the plans are approved, unless necessitated by discrepancy in the plans. 4. Design of areas outside the limits of the defined project site. 5. Traffic engineering reports or studies. 6. Public meetings or hearings. 7. Additional graphic products. 8. Additional meetings not identified in the project scope of services. 9. Payment of permit fees, filing fees, pro-rated fees, impact fees, taxes, federal and/or state regulatory agency review fees unless noted in the above scope of services. 10. Printing of additional drawings, specifications and contract documents not identified in the project scope of services. 11. Construction staking. 12. Design/coordination of existing utility relocations or modifications. 13. Negotiations with adjacent property owners. 69 Trophy Club – Harmony Park Pickleball Complex Page 12 14. Additional regulatory agency requirements not identified in the proposed scope of services. 15. Technical reports for the following items are excluded from this scope of services: noise, air quality, community impacts, indirect impacts, and cumulative impacts. 16. Effort to obtain right-of-entry from public or private landowners. 17. Platting fees and recording fees required by the Town and/or County. 18. Structural design of the court slab 19. Town council presentation 70 PURCHASE REQUISITION FORM Requisition Number Date :4/19/2023 Department Parks & Rec Vendor (Name & Address)Delivery Address Project# HALFF Associates, Inc.1 Trophy Wood Drive PO Box 678316 Trophy Club, TX 76262 Dallas, Texas 75267-8316 Account Number Description Quantity Unit Amount Total Amount 18-400-83700 Professional Services for the pickleball court addition at Harmony Park 1 49,835.00 $49,835.00 Project $- $- $- $- $- $- $- $- Co-op info:$- Total $49,835.00 Budgeted? (Must Circle One)(Yes) or No Explanation (if not budgeted:) _______________________________________________________ Comments: Funding for this project was allocated through Parkland Dedication Funds. __________________________________________________ Department Requestor: Tony Jaramillo Department Approval: _____________________________________________ Finance:Town Manager: The Town of Trophy Club must have a completed Vendor Packet on file before a requisition can be accepted by the Finance Department.4/19/2023 71 Page 1 of 3 To: Mayor and Town Council From: Wade Carroll, Town Manager CC: Patrick Arata, Interim Town Manager Anita Otterson, Town Secretary Re: Discuss and consider a request from Hogan’s Glen HOA. 4-25-2023 Agenda Item: Discuss and consider a request from Hogan’s Glen HOA. (P. Arata) Strategic Link: This item relates primarily to the following strategic priorities and goals of the Town’s strategy map. Nature and Beautification: Maintain Town assets, services and codes of ordinances that preserve the natural beauty of the Town. Administrative and Financial Services: Exercise fiscal discipline in all Town operations. Background and Explanation: On March 21, 2023 the Town of Trophy Club received a formal request from the Hogan’s Glen HOA for the following: 1. The Town of Trophy Club to provide $230,048 in direct payment to the Hogan’s Glen HOA to assist in the costs associated in the removal of sediment from the Hogan’s Glen ponds 2. The Town of Trophy Club to create a task force consisting of one town staff member, a subcommittee of Council, a Hogan’s Glen HOA Board member, a Hogan’s Glen resident, a staff member from the Trophy Club Country Club, a professional engineer and anyone else the Town Council would feel is appropriate. The task force would be created to address the future maintenance of what Hogan’s Glen is considering a public waterway. Hogan’s Glen HOA is maintaining that the Town of Trophy Club had the responsibility to ensure that no sediment leave the PD 30 construction site during the construction of Trophy Club Town Center. Said sediment did in fact leave the site and accumulated in the Hogan’s Glen ponds along with sediment from the golf course and other creeks leading into the ponds during heavy rains. 72 Page 2 of 3 It is the contention of the Town that the effectiveness of the SWPPP, plan to limit sediment runoff, was approved by the TCEQ not the Town. The Town fulfilled all requirements in inspections and working with the developer and contractors to get the SWPPP silt fencing repaired when inspections or reports from citizens brought the disrepair to the attention of the Town. The Town Engineer approved the construction documents, engineered by the developer’s engineer, and inspections were performed as requested and required during different phases of the construction project. Corrections to the project’s construction was found and required to be fixed during the process as is any construction project of that magnitude. The Town does not dispute the fact that silt from the PD 30 construction site did in fact settle in the ponds within Hogan’s Glen due to heavy rains for which the SWPPP was not designed and possibly due to construction issues which were discovered and corrected through normal processes. The Town staff and our Town Attorney contend that the Town followed all ordinances, laws and procedures as required during the construction of Trophy Club Town Center, required the repair of silt fencing and other run off protections required in the SWPPP, as shown in the attached inspection spreadsheet, and therefore have no legal responsibility to assist the Hogan’s Glen HOA with the current or future maintenance of the HOA ponds. Furthermore, it is staff’s fear that by assisting the Hogan’s Glen HOA with drainage issues that the Town are not responsible for, sets a precedent that could require the Town to assist other HOAs and businesses with the town with infrastructure or drainage issues that are the responsibility of individual home owners, the HOA, or the business which could require the increase in property tax to accommodate such requests. State law also prohibits public funds to be used on private property. The $6 storm drain fee that is charged to each meter holder within Trophy Club is utilized for the maintenance and future replacement of publically owned storm drain infrastructure throughout the Town including public infrastructure within private property such as the storm drain systems adjoining the private roads within Hogan’s Glenn. Attached is the Town Attorney’s opinion in the matter which clearly shows the Town does not have the legal responsibility to act in this or similar requests. Financial Considerations: The requested $230,048, or any portion of, is not budgeted and would require a transfer from unassigned general fund balance. Legal Review: Attached Board/Commission/ or Committee Recommendation: Not applicable Staff Recommendation: Staff does not recommend that the Council approve the monetary assistance to Hogan’s Glen for the current or future maintenance of a privately owned property, in this case a series of 73 Page 3 of 3 ponds, and does not believe that the Town has the legal responsibility for or the funds available to assist this and other requests from residents, business owners, or HOAs that could be required if such a precedent was set. Attachments: •Hogan’s Glen HOA letter requesting assistance •Town Attorney Letters of Opinion •Inspection log Town Council Approval: Mayor Alicia Fleury D’Elia or designee 74 Hogans Glen Legal Summary In 2016, the Developers wanted to plat without paying Parkland dedication fees. Staff and Council took the position that Parkland dedication fees were owed. Beck claimed that past Councils and staff had waived the fees. The minutes and records showed no waiver was ever presented to Council or approved. Beck relied on statements from a former Town Manager. Beck sued and asked for damages under a takings claim. The case was settled with agreement that required Beck to pay the Town $750,000.00 for Parkland Dedication fees. The PD30 site was platted and construction began after the suit was settled. The role of the Town in construction cases is to monitor the process. The Town does not own the land and has no legal rights to develop it. The Town regulatory authority is limited by the Federal Constitution, Texas Constitution and Texas statutes. Town engineers and staff monitor and make sure the developer’s engineers and contractors comply with requirements. The Town staff and agents performed their responsibilities in this situation. The design and installation of improvements is the responsibility of Developers and their agents, not Town staff and agents. The SWPPP that regulates storm water issues during construction is issued by the State. The Town responsibility is making sure the developer has the proper permits and is complying. The Town has very little enforcement leverage in the situation. The Town can halt construction until silt fences are installed or repaired. The TCEQ has the authority to order remediation of silt damage to neighbors during the construction. The TCEQ may require remediation during the construction or after the construction is completed. In this case, Beck made a proposal for remediation after the construction was completed. The TCEQ reviewed the remediation proposal and approved it. That is why the remediation did not begin until the PD30 construction was completed. At the time of stormwater events, Beck owned PD30 and the ponds. A lawsuit was filed by The Hogans Glen HOA against the developers and contractors of PD30. The Town was not named as a Defendant in the case. The case has been settled. The Statute of Limitations has expired so the Town cannot be sued now. Complaints have been received objecting that the Certificates of Occupancy for PD30 businesses were not withheld. The Town does not have the legal right to withhold the Certificate of Occupancy for a business like Blue 22, City Vet or Anamia’s based on the actions of the developer during construction. Denying Certificates of Occupancy for the businesses based on the contractor’s action or inaction would create liability for the Town. Texas follows an amended version of the common enemy drainage doctrine. The common enemy drainage doctrine allows a property owner to use any means to protect his property from drainage damage. City of Houston v. Renault, Inc. 431 SW2d 322(1968). Texas limits the common enemy drainage doctrine with Section 11.086 of the Texas Water Code which states liability occurs when a party sends drainage onto the property of another that causes erosion or pooling outside of drainage systems. This legal standard is supported by Article I, Section 17 of the Texas Constitution in the case of erosion or pooling caused by government action. In this case, the water has stayed in the ponds and has not caused any erosion or pooling. These laws apply for public and private drainage. The stormwater drains and systems are the methods the Town uses to control drainage in streets and on Town property as allowed by the common enemy doctrine and Section 11.086 of the Water code and Article I, Section 17 of the Texas Constitution. The creeks and ponds in Hogans Glen are the private methods Hogans Glen HOA uses to control surface water drainage as allowed by Texas law. Therefore, the Town has no liability for the drainage that is staying in the creeks and ponds. 75 The creeks and ponds in Hogans Glen are not public waterways. Public waterways in Texas are navigable waterways. Welder v. State, 198 SW 868, (1917). All public waterways in Texas are open to the public for access. Texas Constitution Article XVI, Section 59, Texas Parks and Wildlife Code 1.012. The creeks and ponds in Hogans Glen are not navigable and not open to the public. Therefore, the creeks and ponds are not public waterways. The Town is prohibited from spending public funds on private property by Article III, Section 52(a) of the Texas Constitution. The creeks and ponds in Hogans Glen are private drainage features. The creeks and ponds in Hogans Glen are not open for use by the public. The stormwater fees collected in Hogans Glen may be used for inspection and maintenance of the public stormwater drains and stormwater infrastructure located in the private streets of Hogans Glen. Therefore, public funds of the Town may not be spent on the private creeks and ponds in Hogans Glen. 76 Wade Carroll, Town Manager Mayor Alicia Fleury Town Council Members Town of Trophy Club 1 Trophy Club Drive Trophy Club, TX 76262 To the Mayor, Town Council and Town Manager of the Town of Trophy Club, In response to your request dated 12/7/2022, this letter outlines our specific requests from The Town of Trophy Club and the details of the settlement that the Hogan’s Glen HOA Board has reached with the entities involved in the development and construction of PD30. Before sharing our specific request, it is important that we provide you the following brief background information regarding the history of the Hogan’s Glen HOA’s maintenance of the ponds: 1. The Hogan’s Glen HOA now owns and is responsible for maintaining three portions of the public waterway that flows through Hogan’s Glen. We call these bodies of water Pond 1, Pond 2 and Pond 3. • Pond 1 is the small body of water, approximately 8,712 sq ft surface area, between Indian Creek and Spyglass Bridge. • Pond 2 is the larger body of water, approximately 95,832 sq ft surface area, between Spyglass Bridge and the spillway below the cart path on Hogan’s Golf Course #8 hole. We own 55.75% of that body of water and Trophy Club Country Club owns the remaining 44.25%. • Pond 3 is the small body of water approximately, 24,829 sq ft surface area, between the spillway and Hogan’s Drive. Pond 3 is downstream from the TCCC portion of Pond 2 with various sources of stormwater runoff and was not included in the PD30 settlement discussions. 77 2. As a part of planned maintenance, the HOA dredged Pond 1 in December 2017 removing 500 cubic yards of sediment, just 6 months prior to the PD30 SWPPP failures that began in June 2018. 3. We dredged our 55.75% portion of Pond 2 in June 2011 and performed sediment surveys in 2019 and 2020. 4. We fully dredged Pond 1 again from August 2021 through January 2022 at a cost of $135,485. We could not wait for a settlement to take some level of remediation efforts. As you are making your decision regarding our request it is important for you to understand what this “debacle” has cost the homeowners of Hogan’s Glen. We have spent almost five years dealing with this problem, The ponds in our community have suffered extensive damage, including 7822 cubic yards of excess sediment, and we have spent hundreds of thousands of dollars to date, with much more expected in the future. Here is a summary of what we have spent as of 3/10/23: Pond Restoration Work $135,485 Legal Fees $252,609 Engineering, etc. $ 12,068 Total to date $400,162 Based on quotes received from dredging companies and which method we can use; we will spend an additional $525,000-$700,000 on engineering fees and removal costs to completely clean up our 55.75 % portion Pond 2.( We are using $525,000 additional in all calculations as we do not know cost of engineering fee). The Hogan’s Glen HOA has two specific “asks.” The first ask is for the Town of Trophy Club to provide $230,048 in direct financial support. Your financial support, added to the $300,000 settlement amount, would allow us to pay for the cost of all excess/unusual sediment accumulation. We have attached a spreadsheet to show how we arrived at this request. The HOA would use HOA funds to cover the balance of $395,114 spent on this debacle as follows: $130,437 of all dredging costs for “normal” sediment accumulation, plus $264,677 for legal and engineering fees. Thus, the breakdown of the $925,162 spent to restore the ponds would be: $300,000 from PD30 entities, $230,048 from the Town of Trophy Club and 78 $395,114 from Hogan’s Glen Homeowners. While we do not believe we should have had to deal with this at all, much less spend $395,114 of Homeowners’ dues to correct the problem, we think this is a fair resolution. One source of funds the Town could use to provide the $230,048 requested could be Stormwater fees paid by Hogan’s Glen Homeowners over the 57 months that this issue has been ongoing. Here is the math: 57 (the # of months this issue has been going on) times 212 (# of meters in Hogan’s Glen) times $6 (the Stormwater fee that all homeowners in Hogan’s Glen pay each month) =57x212x6=$72,504. In other words, we are simply suggesting that you use the Stormwater Fees received from our homeowners to help us solve this problem. The second ask is that the Town create a task force to address the future of this public waterway. We have been told in meetings with town officials that the town currently has no plans on how to manage this unique waterway. It is unique in that it is the only public waterway in Trophy Club that consists of two creeks flowing from other parts of town that merge into private ponds, such ponds being jointly owned (Trophy Club Country Club and Hogan’s Glen), and then back into a creek that flows through the club and ultimately into Lake Grapevine. We suggest that the task force should consist of at least one town staff member, one or two council members, a HOA Board member, one other Hogan’s Glen resident, a staff member from Trophy Club CC, a professional engineer and anyone else you think appropriate. We would suggest that this group meet during 2023 and report back to the Town Council and Town Manager with an agreement on the front end that a plan addressing future risks for the waterway and responses to managing those risks be established. Without rehashing five years of discussion or trying to answer any questions that might come up during future discussions, here are the most important reasons that we believe the town should respond favorably to our two asks: 1. According to documents the Town presented to Hogan’s Glen Homeowners at a meeting on 1/3/2020, Article 3.14 of Trophy Club town codes state that the town will “guide, regulate, and control the design, construction, use, and maintenance of any development that disturbs or breaks the topsoil or results in the movement of earth in the town.” In other words, the town is clearly responsible for controlling Stormwater runoff and for ensuring proper remediation when issues occur. 2. The Town approved the plans for PD30, was responsible for holding the developer and contractors to those plans, for managing the SWPPP, for conducting inspections to ensure compliance, and for making sure any necessary remediation work was done properly. 79 3. The Town did not properly manage the SWPPP granted to PD30 developers, nor did they properly inspect the site to ensure compliance with SWPPP and/or development plans. These failures by the town led to at least seven different episodes of extensive sediment/silt water runoff into our ponds from 6/20/18-6/15/19. Evidence of these failures are seen by, among other examples: an engineer specified restriction plate being left off the outflow pipe of the detention reservoir until 3/20/2020; a large mound of dirt (which was one of the sources of excess sediment in the waterway) left in place until 11/2019; multiple SWPPP failures; the town and developers/contractors being cited by TCEQ, and, ultimately the buildup of 7,822 cubic yards of excess sediment in our ponds. 4. The ponds in Hogan’s Glen are a part of a “public waterway”, and as such, the town has a responsibility to help maintain this waterway. The town clearly failed in this responsibility. 5. The Town made multiple commitments to solve the issue and “make it right”. Included in these commitments was a promise that if needed, the town would withhold occupancy permits from PD30, which is listed in your codes as a potential “remedy” for failed Stormwater practices. However, one month before the statute of limitations expired for us to take legal action against the developers/contractors (two years into trying to solve the issue), the town reneged on this promise. This last-minute decision by the town to not follow through on both your responsibilities and commitments forced the HOA to file a lawsuit that we did not want and that proved to be extremely expensive. 6. Homeowners in Hogan’s Glen and the HOA pay $6 per month in Stormwater fees and as stated above, our ask for financial support is for the town to use the funds collected during the five years that this issue has been going on and to supplement that amount, so that you can participate in the solution. The settlement that we have reached with the developers and contractors involved in PD30 consists of these primary parts: • $300,000 payment to the HOA (as requested, Town Manager Wade Carroll has been sent a complete copy of the settlement via email). As you can see above, this payment will not even reimburse us for what we have already spent, much less for any future Restoration Work that we have to do related to the excess sediment in the waterway, which includes 7,822 cubic yards beyond normal levels accumulated during PD30 construction. • Mutual releases from any future liability prior to the date of settlement. • The conveyance of those portions of Hogan’s Glen, including our part of the waterway (TCCC owns a portion) that Beck failed to convey previously in 2006 when they sold the undeveloped and platted common areas to other developers. 80 The settlement was agreed to by all parties with an effective date of 10/14/2022 and funding due by 3/10/2023. In closing, the Homeowners in Hogan’s Glen want you to know that we love living in both Hogan’s Glen and Trophy Club. We are proud of our community and our town. Each of us pays $2,940 per year in HOA dues to maintain an attractive and safe community, specifically the common areas (ponds, streets, sidewalks, etc.). Our homeowners bear the costs of taking care of these common areas saving the Town thousands of dollars per year, but we are not happy about having to pay for damage caused by the negligence of others. The homeowners of Hogan’s Glen are the victims in this mess. We did nothing to create the problem, nor should we have had to pay $400,000 to date and as much as $1,000,000 overall to fix the problem. The settlement of $300,000 will help, but that still leaves us with up to a $700,000 shortfall for something that is certainly not our fault. We realize that most of you were not in your positions when this occurred, but you are responsible now for how the Town responds to our two requests. Thank you in advance for your consideration. Respectfully and on behalf of the HOA Board and Homeowners of Hogan’s Glen, Pat Currie, HOA Board President 81 Inspection Date *In reference to Town responsibilities, see ordinance section 3.14.004 (2)(A) Inspections Deficiencies 12/18/2018 Water inside fuel containment bin 12/26/2018 No deficiencies notated 12/27/2018 Post-Storm Slight split in silt fencing 1/4/2019 No deficiencies notated 1/11/2019 No deficiencies notated 1/18/2019 Small section of silt fencing over run by dirt. Sediment in the roadway 1/25/2019 Sections of silt fence down and has areas that are undermined 1/28/2019 Follow-Up No deficiencies notated 1/31/2019 Silt fence around open storm drains down. Fabric missing from under storm grate in fire lane. Sediment in roadway. 2/1/2019 Follow-Up No deficiencies notated 2/8/2019 No deficiencies notated 2/14/2019 No deficiencies notated 2/21/2019 Sediment in the road 2/28/2019 Inlet protection filled with dirt. Sediment in the road 3/7/2019 Silt fence around open storm drain has large amounts of mud around it knocking it over. Concrete wash out is full. Fabric under grate has fallen and dropped debris into the storm drain 3/21/2019 Silt fence around different open storm drain has section knocked over by mud 3/14/2019 No deficiencies notated 3/21/2019 No deficiencies notated 3/27/2019 Emergeny Inspection Large areas of silt fence removed from initial designated installed places. Disturbed area has been pushed well beyond where silt fence was installed. 3/28/2019 Follow-Up No deficiencies notated 82 4/4/2019 Three inlets without inlet protection. About 1/4 of the fabric under storm grate has broken off. 4/11/2019 Sediment in the road. Trash alongside the silt fence and beyond on the east side of the property. 4/18/2109 No deficiencies notated 4/25/2019 No deficiencies notated 5/2/2019 Sediment in the road. High volumes of rain have over run the top of the silt fence on Indian Creek side and carried sediment to the channel. 5/9/2019 Sediment in the road. More storms have continued to form and rain in large amounts that have again over run the silt fence, causing sediment to reach the channel. 5/16/2019 Sediment in the road. Still, storms continue to heavily impact the area and over run the silt fence, causing more deposits and turbidity. 5/21/2019 Post-Storm Sediment in the road 5/23/2019 Silt fence on east side of the property has large amounts of sediment against it and knocked it over in some places. One area has small split in fencing. Storm drains need wattles replaced and fire lanes need to be cleaned 5/30/2019 Silt fence still hasn’t been fixed. Wattles still need to be removed and replaced with new ones. Fire lanes still a mess and need to be swept. 6/6/2019 Couple more wattles need to be replaced on north and east side of the project site. Continue to clean fire lanes. 83 6/11/2019 Andy Nord, Andrew Rolph, and Tommy Uzee met at the large pond to discuss NTC options for pond remediation. 6/13/2019 Inlet protection needs to be cleaned on Indian Creek across from Hogan's Glen 6/20/2019 Trash along the east side of the property. Several locations that wattles need to be replace and sediment cleaned from in front of the inlets. Sediment building up in several places along silt fence. 6/27/2019 High winds caused more trash to blow around along the east side of the property again. Areas in front of inlets need attention and some wattles need replacement. The fabric under a couple grates has ripped and needs to be replaced. 7/3/2019 No deficiencies notated 7/11/2019 No deficiencies notated 7/18/2019 Fire lane of Claire Dr needs to be swept. Found 2 grates in the new section of pavement where the fabric has fallen or has ripped and needs to be replaced. 7/25/2019 No deficiencies notated 8/2/2019 No deficiencies notated 8/8/2019 No deficiencies notated 8/15/2019 No deficiencies notated 8/22/2019 No deficiencies notated 8/29/2019 No deficiencies notated 9/6/2019 No deficiencies notated 9/12/2019 No deficiencies notated 9/19/2019 Wattles on several inlets look to be crushed and or falling into the storm drains. They need to be replaced. Found on storm grate on East side of the project where the fabric fell and needs to be fixed. Fire lanes also need to be swept. 9/26/2019 No deficiencies notated 10/3/2019 No deficiencies notated 10/10/2019 No deficiencies notated 10/17/2019 No deficiencies notated 10/24/2019 No deficiencies notated 10/31/2019 No deficiencies notated 11/7/2019 No deficiencies notated 11/14/2019 No deficiencies notated 11/21/2019 No deficiencies notated84 11/17/2019 No deficiencies notated 12/5/2019 Wattles next to the aloft site needs to be replaced. Fire lanes in need of being swept. Sections of silt fence also in need of being fixed or replaced at the town home site. 12/12/2019 No deficiencies notated 12/19/2019 Storm grate on north side of project by aloft site needs filter fabric replaced. Several sections of silt fence in need of repair at the town homes site 12/26/2019 No deficiencies notated 12/31/2019 Large hole in the filter fabric under the grate on north side of project by aloft site. Wattle needs to be replaced in the storm drain inlet on the west side of the project on the apartments site. Filter fabric on the retail site has numerous holes poked through. These need to be replaced. 1/9/2020 No deficiencies notated 1/14/2020 Wattles need to be pulled out of the storm drain inlets at aloft site, and filter fabric under storm grate needs to be fixed. Apartment site needs to be swept and have filter fabrics under storm grates cleaned out due to mud build up. Retail site needs to have all filter fabric replaced under all grates. Silt fence along perimeter of property needs to be fixed. Silt fence at the town homes site needs to be repaired as well. 1/16/2020 There were no corrections completed at the retail site, apartment site, or the town homes site. 1/23/2020 No deficiencies notated 1/30/2020 No deficiencies notated 2/3/2020 Aloft needs to have one wattle replaced, and the town homes have a section of silt fence down that needs to be fixed 85 2/11/2020 Aloft has a wattle that needs to be replaced. The apartments site has several wattles that need to be replaced and also replace the filter fabric under the grates due to staff puncturing holes in the fabric. The road is also in need of being swept and cleaned up. The town homes site needs to have all filter fabric under storm grates replaced. 2/20/2020 Apartments site has 2 wattles that need to be replaced and fix the silt fence at the southeast section of the property. Retail site has one storm grate that is in need of having the filter fabric replaced. 2/27/2020 No deficiencies notated 3/4/2020 Apartments site has 1 storm grate that needs the filter fabirc replaced. Town homes need to have all filter fabrics replaced under storm grates. Also need to have silt fence fixed and replaced in certain sections. 3/9/2020 At the aloft site, shaker stone is covered in mud. This needs to be removed and have new shaker stone added. Apartments site has one grate that needs to have the filter fabric fixed. Town homes site needs to have rock moved off of the silt fence and replace sections that are torn. Town homes also need to remove curlex that was laid down since this is not a proper method for erosion protection. 3/18/2020 Aloft site needs to fix filter fabric at the storm grate on the north side of project. Apartments site has 2 filter fabrics that need to be fixed. Town homes have several more sections of silt fence that are in need of replacement including the removal of material and items that are crushing the silt fence in other areas. 3/27/2020 Apartments site needs to have all wattles replaced. North Texas needs to have silt fence fixed. Aloft needs to replace northern most wattle.86 4/3/2020 Town homes site has more material that has been dropped and silt fence is in need of major repair. 4/9/2020 No deficiencies notated 4/16/2020 No deficiencies notated 4/23/2020 No deficiencies notated 4/30/2020 No deficiencies notated 5/7/2020 No deficiencies notated 5/14/2020 Apartments site needs to have silt fence repaired at the southeast of the project. Town homes need to have several more sections of silt fence repaired and have shaker stone area cleaned up. 5/18/2020 Town homes has not completed what was requested. Aloft needs to have fire lane cleaned 5/19/2020 Town homes did not complete requested notification 5/20/2020 No deficiencies notated 5/27/2020 Aloft has one wattle that needs to be replaced 6/4/2020 Material at the town home site was dropped and destroyed the silt fence area. Aloft needs to sweep fire lane and clean 1 filter fabric out under storm grate. 6/11/2020 No deficiencies notated 6/18/2020 No deficiencies notated 6/24/2020 No deficiencies notated 7/1/2020 Several sections of silt fence in need of repair at the Town Homes, Aloft and at the Apartments. 11/5/2020 Silt fence down in several sections at the Town Homes, and trash on site 11/24/2020 Inlets at Aloft need fabic reinstalled. Town Homes in need of reinstalling fabric on inlet, and fixing silt fence 12/1/2020 Repair silt fencing at Town Homes 87 12/11/2020 Town Homes saw cutting and residual was running into storm drain. Fabric caught most of it. 88 Enforcement Action Taken Correction Completion Date Notification of correction action needed 12/19/2019 N/A N/A Notification of correction action needed 12/28/2019 N/A N/A N/A N/A Notification of correction action needed 1/19/2019 Notification of correction action needed 1/28/2019 N/A N/A Notification of correction action needed 2/1/2019 N/A N/A N/A N/A N/A N/A Notification of correction action needed 2/21/2019 Notification of correction action needed 3/1/2019 Notification of correction action needed 3/8/2019 Notification of correction action needed 3/22/2019 N/A N/A N/A N/A Notification of correction action needed 3/28/2019 N/A N/A 89 Notification of correction action needed 4/5/2019 Notification of correction action needed 4/12/2019 N/A N/A N/A N/A Notification of correction action needed 5/3/2019 Notification of correction action needed 5/10/2019 Notification of correction action needed 5/17/2019 Notification of correction action needed 5/21/2019 Notification of correction action needed Corrective action was not completed Notification of correction action needed 5/31/2019 Notification of correction action needed 6/7/2019 90 N/A N/A Notification of correction action needed 6/14/2019 Notification of correction action needed 6/24/2019 Notification of correction action needed 6/28/2019 N/A N/A N/A N/A Notification of correction action needed 7/19/2019 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Notification of correction action needed 9/23/2019 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A91 N/A N/A Notification of correction action needed 12/9/2019 N/A N/A Notification of correction action needed 12/20/2019 N/A N/A Notification of correction action needed 1/2/2020 N/A N/A Notification of correction action needed 1/20/2020 Superintendents were informed that if corrections were not made, a Stop Work Order would be issued.1/20/2020 N/A N/A N/A N/A Notification of correction action needed N/A 92 Notification of correction action needed 2/12/2020 Notification of correction action needed 2/14/2020 N/A N/A Notification of correction action needed 3/6/2020 Notification of correction action needed 3/10/2020 for Apartments and aloft Notification of correction action needed 3/20/2020 Notification of correction action needed 3/30/202093 A Stop Work Order will be issued to town homes if area is not fixed immediately.4/6/2020 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Notification of correction action needed 5/18/2020 for Apartments Town homes were given a final warning and if the site is not in compliance, a Stop Work Order will be issued. Notification of correction needed to aloft 5/20/2020 for Town homes 5/18/2020 for Aloft A Stop Work Order has been issued and all staff were not allowed to work until the site was up to compliance and the order will only be lifted after an inspection was performed and passed.N/A N/A N/A Notification of correction action needed 5/27/2020 Notification of correction action needed 6/5/2020 N/A N/A N/A N/A N/A N/A Notification of correction action needed 7/2/2020 Notification of correction action needed 11/6/2020 Notification of correction action needed 11/25/2020 for both Notification of correction action needed 12/4/2020 94 Notification of correction action needed 12/11/2020 95 Total Inspections Photos Taken 94 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 Yes 1 Yes 1 Yes 1 No 1 No 1 Yes 1 Yes 96 1 Yes 1 Yes 1 No 1 No 1 No 1 No 1 No 1 No 1 Yes 1 No 1 No 97 N/A No 1 Yes 1 Yes 1 Yes 1 No 1 No 1 Yes 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 Yes 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 No 1 No98 1 No 1 Yes 1 No 1 Yes 1 No 1 Yes 1 No 1 Yes 1 Yes 1 No 1 No 1 Yes 99 1 Yes 1 Yes 1 No 1 Yes 1 Yes 1 Yes 1 Yes100 1 Yes 1 No 1 No 1 No 1 No 1 No 1 Yes 1 No 1 No 1 No 1 Yes 1 No 1 No 1 No 1 No 1 Yes 1 Yes 1 Yes 1 Yes 101 1 Yes 102 1 5 5 1 Future Agenda Items April 25, 2023 Future Agenda Items will be divided into 3 Categories: 1) Current listing of all future agenda items requested by Council that have not been addressed. 2) Items that have been researched and are scheduled for a report to Council (first 2-4 weeks). 3) Items that Council has requested additional research/staff time on and will be brought back for public discussion at a Council Meeting. Council will be provided updates on items that require significant time. The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The current list will be reviewed and as items are completed; said items will be removed. The Council may add items as needed to the list. 1) Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club. Halff has completed renderings for 3 major intersections. A meeting is needed with the Art Subcommittee to approve the renderings and/or ask for changes and choose an intersection for the first project. Once this is done it will be taken to Council final approval and funding of the first intersection. 2) Develop a Strategic Plan for the Town addressing future goals with budgetary needs for each department. The Director’s Retreat was held last week. Staff worked on their departmental strategic planning during. 3) Modifying the Existing Veteran’s Memorial to include “Space Force”. The monument was installed on January 23, 2023 and the unveiling event is scheduled for May 20th form 10:00am-11:00am. Staff has identified 6 citizens in Trophy Club with members of their family that have either been POWs or MIA. Those individuals will be personally invited to the unveiling. The Recreation team will be working with the Veteran’s Committee on the order of events for the ceremony. 4) Hogans Glen Drainage. Council has requested that this topic be added to the April 25th Council Agenda. 5) Flashing lights at the existing roundabout crosswalk. The Town has received the original signage plan for the round-a-bout at Trophy Club Dr. and Trophy Lake. Staff will present options for signage to be replaced or added to this intersection during on April 25th. 6) Adjustment to Subdivision Standards requiring lot drainage to public improvements, prohibiting lot- to-lot drainage, and prohibiting open storm inlets on a residential lot; allow for special exceptions by P&Z and Council, where engineering presents a significant critical need; Allow for grandfather of the existing approved drainage plans. Councilman Sheridan and Matt Cox met with TnP on April 14th. 7) Charter Review Sub Committee to address ethical issues. Specifically, code of fair campaign practices. Items 1,2,5,7. 103