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Minutes TC 01/02/2001MINUTES OF FOUNDER'S DAY RECEPTION/ REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB JANUARY 2, 2001 STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas met in Regular Session on Tuesday, January 2, 2001. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Marshall Engelbeck Susan Edstrom Barry Huizenga Bill Matthai Scott Smith Barb Tweedie STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Cathy Morgas David Miller Jim Buxton Bill LeGrand Paul Rosenberger Greg Tucker Randy Briggs Shannon DePrater Ben Brewster Jim Carter Jim Base Dean Henry Gene Hill Edwin "Cotton" Moore Wesley Obermeier Dave Robison James Thomas Roger Unger Keith Sockwell Jeff Janak Alyssa Edstrom Dave Edstrom Barbara Fullerton Jean Carter RECEPTION Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Town Manager Town Secretary District Manager Director of DPS Finance Director Asst. Director of Public Works Asst. to Town/MUD Managers Deputy Director of DPS DPS Lieutenant Administrative Assistant CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Engelbeck called to order, noting a quorum was present. Page 2 FOUNDER'S DAY RECEPTION/REGULAR SESSION January 2, 2001 6:30 p.m. — 7:15 p.m. TOWN COUNCIL TO WELCOME ELECTED OFFICIALS FROM PAST TOWN COUNCIL AND TOWN OFFICIALS: Mayor Engelbeck welcomed all in attendance and introduced all dignitaries present. ADJOURN RECEPTION: Reception adjourned at 7:25 p.m. REGULAR SESSION TOWN COUNCIL MEMBERS PRESENT: Marshall Engelbeck Mayor Susan Edstrom Mayor Pro Tem Barry Huizenga Council Member Bill Matthai Council Member Scott Smith Council Member Barb Tweedie Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Cathy Morgas Jim Buxton Bill LeGrand Paul Rosenberger David Miller Patricia Adams Town Manager Town Secretary District Manager Finance Director Asst. Director of Public Works Asst. to Town/MUD Managers Director of DPS Town Attorney CALL TO ORDER AND ANNOUNCE A QUORUM: Mayor Engelbeck called the Regular Meeting to order at 7:34 p.m. INVOCATION: Chief Miller gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN AND TEXAS FLAG: Mayor Pro Tem Edstrom led the pledges. CITIZEN PRESENTATIONS: THIS IS AN OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY MATTER WHETHER OR NOT IT IS POSTED ON THE AGENDA. THE COUNCIL IS NOT PERMITTED TO TAKE ACTION ON OR DISCUSS ANY PRESENTATIONS MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATION ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS. There were no presentations made. REPORTS FROM COMMITTEES (FIVE-MINUTE TIME LIMIT). A. ECONOMIC DEVELOPMENT CORPORATION —JIM BUXTON B. PUBLIC RELATIONS COMMITTEE — JODI ASHBY, CHAIRMAN C PUBLIC WORKS COMMITTEE — NESTOR Y-4RLIS, CHAIRMAN D. PARKS & RECREATION —BILLY HUGHES, CHAIRMAN E. UTILITY FRANCHISE COMMITTEE —RICHARD HOBDAY, CHAIRMAN Page 3 FOUNDER'S DAY RECEPTION/REGULAR SESSION January 2, 2001 ECONOMIC DEVELOPMENT CORPORATION — JIM BUXTON Jim Buxton reported that the Economic Development Corporation will be meeting next Monday and that they have two openings to be filled and are continuing to look at applications. PUBLIC RELATIONS COMMITTEE — JODI ASHBY, CHAIRMAN Mayor Pro Tem Edstrom reported that the Committee did not meet in December. Public Relations would be working on Vision 2010 and July 4". PUBLIC WORKS COMMITTEE — NESTOR KARLIS, CHAIRMAN Bill LeGrand reported that the Public Works Committee will be meeting next Tuesday at 3 p.m. and will be working to draft street repairs for the Bond. PARKS & RECREATION — BILLY HUGHES, CHAIRMAN Council Member Tweedie reported that the Committee did not meet in December. The Committee is in the process of trying to change the meeting date. UTILITY FRANCHISE COMMITTEE — RICHARD HOBDAY, CHAIRMAN Mr. Hobday reported that the Committee is continuing to work on the Right -Of -Way Ordinance. The Committee is starting to wrap up the cable survey. Charter Communications wants to move forward with renewal of their franchise agreement. TOWN COUNCIL TO HEAR A PRESENTATION BY SHERRY GEARNER (CHARTER COMMUNICATIONS) IN REGARD TO UPCOMING RATE ADJUSTMENTS, CHANNEL REALIGNMENT, AND REMOVAL OF THE CONVERTER INTERFACE DEVICE: Sherry Gearner recapped that Charter Communications has 190 more customers than this time last year. Ms. Gearner reported that effective mid-September, Charter had moved the premium movie channels and moved to a digital platform. The FCC mandate requires interactive devices to interact with all equipment. There will be two channel lineups. Charter will be sending out notices to customers next week Charter will be making a price reduction effective in February, there will be a reduction in the cost of the analog converter and the digital converter and cost of basic and pay-per-view. Mayor Engelbeck asked that Charter have a representative on site, at the Town office, to handle phone calls regarding these changes. Council Member Matthai asked if more people would be manning the pliones. Ms. Gearner explained that they have enhanced the staff's training. Council Member Matthai responded that stats for service show that the wait response time has not improved. Converter boxes can be deleted if a user has truly cable ready television if they choose. Council Member Matthai asked if cable lines would be buried more expediently? Council Member Huizenga asked about the December 14" letter regarding a discount on converter rates. Ms. Gearner explained that customers with multiple boxes would have to pay an increased amount. Council Member Smith asked what is the increase and are any channels being added. Ms. Gearner answered that no new channels are coming; Charter added two channels last year. Council Member Smith asked why rates are different from town to town, Ms. Gearner explained that smaller franchise companies were acquired, and the rates for previous companies were kept and adjustments are being made to get prices more equal. Council Member Tweedie asked when you convert to digital is wiring changed at no cost. Ms. Gearner responded that the FCC ruled several years ago that the in-house wiring is the property of the homeowner. Council Member Matthai asked would analog be as clear? The response from Ms. Gearner is that the digital platform will deliver more product per space to allow more channels for viewers. Council Member Matthai asked about the Internet service outages, would the service be improved? Ms. Gearner stated that digital is an option for higher quality and that the Internet service would not be impacted by this change. Council Member Huizenga asked would there be a premium channel charge? No. Mayor Engelbeck stated that the point is that the Town was told in the past that the system would not work without the box, now it can work Page 4 FOUNDER'S DAY RECEPTION/REGULAR SESSION January 2, 2001 without a box. Mayor Engelbeck continued by adding that the Town wants someone on site because last time changes occurred, it was a significant problem. When it happens once shame on you, and twice shame on us. Richard Hobday reported that analog basic or enhanced basic required no box and that digital basic or enhanced basic required a box. Premium channels require a box. Mr. Hobday also reported that a fifteen percent increase was a lot. He also asked why would enhanced customer pay the increase? The Mayor asked that a list of questions be submitted to Charter Communications, Sherry Gearner agreed to return the answers by January 10`t' for Council packets. Ms. Gearner also agreed to attend the next Town Council meeting to discuss answers. TOWN COUNCIL TO HEAR A PRESENTATION BY JIM CARTER, DENTON COUNTY COMMISSIONER, REGARDING COUNTY BUSINESS PERTINENT TO TROPHY CLUB: Commissioner Carter addressed the Council. Commissioner Carter began by reviewing the County budget issues; surveys showed that County employees' pay rates were very low. The County gave a twelve percent increase and other entities increased also. Commissioner Carter also reported that the County has been able to improve customer services and have encouraged second language and education incentives for employees. The County now has a limit on the amount of indebtedness incurred for taxpayers without their consent. The Food Lion store will be used for a tax office. County has 435,000 — 440,000 current residents. County does not have a master plan for facilities for County services. Commissioner Carter stated that he wants to establish services to be located in the west side of the County. The construction of the temporary emergency access road will begin tomorrow. Mayor Engelbeck thanked Commissioner Caner for his help with the emergency road and the money for Marshall Creek Road to be developed. Mayor Engelbeck also expressed his concern for the safety of the high school students on State Highway 114 west of I35. Commissioner Carter explained that they were successful in getting the road project divided into two projects. Please keep him informed, he stated that he holds that as high priority. Send letters to Mary Denny, Jane Nelson and Buz Elsom with TxDot. Council Resolution expressing concerns for safety to reach him at: Office 940-565-8696 Home 817-490-3392 Mobile 817-2399-7791 Fax 940-565-8649 E-mail iim.earlcrii;co.denlon.tx.us Donna Welsh asked about a future charge for dispatch. Commissioner Carter explained that the sheriff is an elected official and that he runs his own department and the Commissioners control the sheriff's budget. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING REVISIONS OF THE COMMITTEE HANDBOOK: The following changes were made to the handbook: Packet page 11, date to read January, 2001 Packet page 12, paragraph 5 to read: Applicants for boards, commissions or committees must be registered voters. Board and Commission members must be a Trophy Club resident for at least six months as well as a registered voter prior to their appointment. Packet page 13, paragraph 12 to read: The Town currently has one commission, the Planning and Zoning Commission plans and makes recommendations to the Town Council for the orderly growth, development and welfare of the Town. Page 5 FOUNDER'S DAY RECEPTION/REGULAR SESSION January 2, 2001 Packet page 14, paragraph 8 to read: A committee may not take action unless a quorum is present. A quorum is based on the total number of voting seats on the Committee. If a group has six voting members, then at least four members must be present in order for action to be taken. All Committees should list Workshop as their first agenda item and list topics to be discussed during the Workshop portion of the meeting. Workshop may be held without a quorum. Following the workshop, if there is still not a quorum, the group may not have further discussion, or take any action except to adjourn. Packet page 17, paragraph 4 to read: It is not uncommon for applicants, opponents, or their representatives to approach individual members to solicit support or disapproval of a pending issue. These individual contacts should be avoided. It is the policy of the Town that all members of board, commission or committee deserve equal access to all information and that any statement relevant to an issue should be made in an open meeting for the benefit of all the participants. Packet page 19, Council Member Matthai's comments, was deleted. Packet page 20, paragraph 6 to read: It is the responsibility of the chair to be mindful of the attendance, actions, and activities of individual members as well as to discuss with these members any deviations from the rules. The chair or designated representative of the committee is responsible for making an oral monthly report to the Town Council regarding the activities of his/her group. Packet page 21, paragraph 4 to read: The chair must regulate any communication between members of the board, commission or committee and vendors to ensure members of the group in no way obligate the Town to the expenditure of funds. Packet page 22, paragraph 2 was deleted. Packet page 25, paragraph 5 was deleted. TOWN COUNCIL TO CONSIDER AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING A BOARD, COMMISSION AND COMMITTEE HANDBOOK ESTABLISHING APPOINTMENT PROCEDURES IDENTIFYING BOARDS, COMMISSIONS, AND COMMITTEES; DEFINING NEPOTISM; ESTABLISHING GUIDELINES FOR MEMBERS; DEFINING RESPONSIBILITIES OF CHAIRPERSONS, COUNCIL LIAISONS, AND STAFF LIAISONS; PROVIDING GUIDELINES FOR EFFECTIVE MEETINGS; OUTLINING TEXAS OPEN MEETINGS ACT REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE: Mayor Pro Tem Edstrom made a motion to approve the Resolution adopting a board, commission and committee handbook as written incorporating changes as discussed. Council Member Huizenga seconded; motion carried unanimously. TOWN COUNCIL TO CONSIDER AND APPROVE MINUTES OF DECEMBER 19, 2000 WORKSHOP AND REGULAR TOWN COUNCIL MEETING-.- Council EETING:Council Member Tweedie made a motion to approve the minutes of December 19, 2000 as written. Mayor Pro Tem Edstrom seconded; motion carried unanimously. REPORTS AND COMMENTS: A. STAFF Donna Welsh reported that the Town is currently working with surrounding towns on Road 1938. The Town will put Westlake employees on the Trophy Club payroll. Fred Allen of the CIA Board is forming a Transition Committee. He is looking for volunteers to help with the transition to work with the Town or the Country Club. Page 6 FOUNDER'S DAY RECEPTION/REGULAR SESSION January 2, 2001 Sim Buxton reported that the finance department processed payroll in house today. The auditors have come and gone. Chief Miller reported that Tom Dyer is in ICU and would be staying over night, may be transferred tomorrow. Bill LeGrand reported that the tree recycling has gotten off to a good start. Trash collectors are not to take boxes. Ice is a problem for trash hauling, the landfill is south of Ft. Worth. Trash trucks are not to haul on the ice, Risk Management and TxDot do not allow hauling on ice. Christmas trees will be picked up at the curb. B. COUNCIL MEMBERS Council Member Smith reminded everyone of the Master District meeting tomorrow night at 7:30 p.m. Council Member Matthai reported that the Utility Franchise Committee has been working on the cable survey. He thinks that Charter thinks the service is just great. ADJOURN: Mayor Pro Tem Edstrom made a motion to adjourn at 9:58 p.m. Council Member Smith seconded; motion carried unanimously. 195? ATTEST: Town Secretar3; Town of Trophy Club, Texas Mayor, Town of Trophy Club, texas