Minutes TC 04/20/2009STATE OF TEXAS
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 20, 2009
7:00 P.M.
§
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, April 20,
2009. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Philip Sterling
Susan Edstrom
Kathleen Wilson
Jim Moss
Glenn Strother
Mayor
Mayor Pro Tem arrived at 6:12 p.m.
Council Member
Council Member
Council Member
Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks Director
A.1 Mayor Sanders called to order and announced a quorum at 6:04 p.m.
Mayor Sanders advised that Mayor Pro Tem Sterling would be late.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION A T 6:06
EXECUTIVE SESSION (6:00 -7:00 p.m.)
A.2 Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.074(a) "Personnel Matters, regarding the annual evaluation of
the Town Secretary and Section 551.071 (1) and (2) "Consultation With Attorney," in order to
seek the advice of its attorney as fcillows:
A. Lisa Hennek, Town Secretary Annual Evaluation (Section 551.074 (a)(1))
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club Municipal Utility District
No.2 v. Town of Trophy Club, pending in the 362nd District Court of Denton County,
Texas, including the Intervention into the lawsuit by MUD1, pending Declaratory
Judgment suits filed by MUD1 and MUD2, pending appeals filed by MUD1 and MUD2
and Town responses to actions taken by MUD1 and MUD2.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 6:40 p.m.
April 20,2009 Minutes 1
'REGULAR SESSION
Council recessed until 7:00 p.m.
B.1 Council Member Jim Moss offered the Invocation.
B.2 Webelos Pack 328, Phoenix Patrol led the Pledges.
The Phoenix Patrol, Pack 328, Trophy ClublRoanoke was represented by the following:
Chance Martin
Daniel Rutledge
Grant Merritt
Marshall Smith
Tyler Pickup
Spencer Klaviter
Jackson Devlin
B.3 Citizen Presentations:
Jim Parrow, 8 Brookfield Court -Requested an exemption to the pool back wash Ordinance.
John Klauss, 23 Hillside Place -Addressed the Council regarding the erosion of Harmony Park's appeal
and landscape.
Neil Twomey, 203 Oakmont -Addressed the Council regarding the Town Plan to dissolve MUD2.
C.1 Discuss and take appropriate action regarding the 2008 Volunteer Citizen of the Year
Committees' recommendations.
Mayor Sanders presented certificates to each of the following nominees:
Laura Venator
Rick Gilliland
Jackie Stevens
Lou Hocker
Wendy Moss
Alyssa Edstrom
At their April 6, 2009 meeting the Town passed the following motion:
Motion made by Moss, seconded by Sterling to receive 2008 Volunteer Citizen of the Year Committee's
recommendation.
As recommended by the Citizen of the Year Committee, Mayor Sanders recognized the following as
recipients of the 2008 Citizen of the Year Award:
Philanthropic Category -Wendy Moss
Philanthropic Volunteer Citizen of the Year -recognized for their outstanding work with a non-profit
organization (for example: raising funds, coordinating philanthropic events for the organization,
overseeing distribution of funds, etc)
Civic Category -Rick Gilliland
Civic Volunteer Citizen of the Year -recognized for their outstanding work in schools, local
government, parent teacher organizations, Boy Scouts of America, Girl Scouts of America, 4H Clubs,
etc.
April 20,2009 Minutes 2
Teenage Category -Alyssa Edstrom
Teenage Volunteer Citizen of the Year -a citizen between the ages of 12 and 18 who made a
difference in our community or schools.
C.2 Discuss and take appropriate action regarding a Proclamation declaring May 7, 2009 as Day
of Prayer in Trophy Club.
Mayor Pro Tem Sterling read the Proclamation.
Motion made be Edstrom, seconded by Strother to approve the Proclamation declaring May 7, 2009 as
Day of Prayer in Trophy Club.
Irma Thomas announced that National Day of Prayer will be observed at the Clock Tower on Thursday,
May 7, 2009 at 12:00 p.m. In case of rain, the observance will be moved across the street to the Methodist
Church's sanctuary. Mrs. Thomas said that there will be another service at 7:00 p.m. and will be led by
youth.
Motion passed unanimously without any discussion.
C.3 Discuss and take appropriate action regarding a Proclamation for Arbor Day 2009 including
the Arbor Day Event festivities.
Mayor Pro Tem Sterling read the Proclamation.
Motion made be Wilson, seconded by Edstrom to approve the Proclamation for Arbor Day 2009 including
the Arbor Day Event festivities.
Motion passed unanimously without any discussion.
Adam Adams, Parks and Recreation Director said the festivities will begin at 2:00 p.m., with bounce
houses and live music.
C.4 Presentation by Police Chief Kniffen regarding the Police Department's Five-Year Plan;
discuss and take appropriate action regarding same.
Police Chief Kniffen acknowledged his staff that helped create the plan.
Council member Moss said that this is an excellent plan. Council member Strother commented that the
Plan will be amended based on the Town's growth and population, and thanked the Chief for the work the
staff put into the Plan creation.
Mayor Sanders complimented Chief Kniffen and his staff
Town Manager Emmons advised that the Plan will be placed on the website as received by Council.
Bill Rose, 219 Inverness -Commented that the Plan was excellent work.
C.S Discuss and take appropriate action regarding a Resolution amending Resolution 2008-23
appointing two new members to serve on the Tree Board.
The Town Council approved Ordinance 2009-04 on February 16, 2009, repealing and adopting a new
Article VIII entitled "Tree Preservation and Removal" of Chapter 12 of the Code of Ordinances of the Town
April 20,2009 Minutes 3
of Trophy Club, Texas, Section 8.02 "Tree Board", which allowed two additional members to be appointed
to serve on the Tree Board.
Melissa Boclair and Sheila Lacher applied for annual appointments in September and have expressed
continued interest to serve.
Motion made by Wilson, seconded by Edstrom to appoint Melissa Boclair and Sheila Lacher to the Tree
Board for a two-year term expiring in 2010.
Motion passed unanimously without any discussion.
C.G Discuss and take appropriate action regarding a notice from the Public Utility Commission
of Texas for a Consumer Price Index Adjustment to Municipal Telecommunications Right-of
Way Access Line Rates.
Town Manager explained that in order to accept the new Consumer Price Index Adjustment (CPI) adjusted
2009 rates, no action is required. In order to decline the CPI adjusted rates, Council must take action to do
so and advise the Public Utility Commission (PUC.)
No action taken, Council accepted the new CPI adjusted 2009 rates.
C.7 Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park; take appropriate action as
necessary.
Town Manager Emmons stated that Teague Nail and Perkins completed a survey several years ago, and
noted that the area was not large enough to be a linear park. Town Manager Emmons provided the
maintenance schedule.
Mayor Pro Tem Sterling suggested researching smaller ways to mitigate some of the damage.
Council member Wilson encouraged a Town wide survey and requested that the Town ask the MUDs to
help and suggested a possible bond election.
Council member Strother commented that staff could probably handle the gabions in stages and suggested
that the Town contact the school to see if they might be interested in helping.
Mayor Sanders clarified Council member Wilson's request to initiate an online survey.
Greg Lamont, 15 Avalon Drive -Stated the $1.7 million to fix the ditch was too much and utilizing better
maintenance may help.
Council member Edstrom read the maintenance schedule and maintenance actually preformed. Based on
the strategic planning and consideration of bond issues, Council has to decide which issues take priority.
Council members Wilson and Edstrom would like to have the report placed online, announced on the
marquees and in the listserv.
C.B Discuss and take appropriate action regarding the date for the first regular Town Council
meeting in May.
April 20,2009 Minutes 4
Early Voting will be conducted in the Council Chambers April 27, 2009 through May 5, 2009. Given the
number of eSlate Voting Machines and Election set-up, staff requested the Town Council consider
rescheduling the May 4, 2009 meeting to Wednesday, May 6, 2009.
Noting no schedule conflicts the May 4, 2009 meeting was moved to May 6, 2009.
C.S Receive a progress report on the Highlands of Trophy Club Public Improvement District #1,
discussion and appropriate action regarding same.
Town Manager Emmons provided an update on the Highlands of Trophy Club Public Improvement District
#1.
No action taken.
C.10 Discuss and take appropriate action regarding the possible formation of a bond or finance
committee to address funding of park improvements and/or other financing options.
This Item was requested by Council member Wilson. Council member Wilson deferred to J.D. Stotts.
J. D. Stotts, 1 Narrow Creek Court -Asked Council to consider forming a park bond committee for the
potential November Bond Election. Mr. Stotts said he felt confident that a small park bond would receive a
majority of citizen's support if organized properly. It would allow the Town to complete Northwest Park in a
way all residents could all be proud of and help meet many of our park plan goals, as well as encouraging
further retail and residential developmenU
Council member Wilson thanked Mr. Stotts for his presentation.
Council member Strother clarified that Mr. Stotts was not requesting Council action at this meeting and
suggested future discussion of an exploratory committee that would provide updates to the Council.
C.11 Discuss and provide direction to Town Manager Emmons regarding budget cutbacks,
nonessential employees/duplicated job tasks.
Item was requested by Council member Wilson.
Town Manager Emmons gave a presentation regarding mid-year Revenue and expenditure projections.
Town Manager Emmons said the presentation was a cooperative effort between himself, Kathy DuBose,
and Stephen Seidel. Emmons said this presentation will be posted to the website tomorrow.
Council member Edstrom commended Staff for coming to Council and advising them of the potential
issues.
Council member Wilson called point of order as she felt Council member Edstrom was politicizing. Wilson
asked for Council's support directing Town Manager Emmons to look at and make decisions about some
big ticket, management positions.
Town Manager Emmons explained that as public servants we are here to serve the public. Emmons said
that there were three administrative positions when he started: Assistant Town Manager/Finance Director,
Community Development Director and one person dedicated to the Finance department. The Assistant
Town Manager position has been funded for eight years and is a needed position as it ensures that all
administrative functions are being met.
April 20,2009 Minutes 5
Council member Edstrom confirmed that jobs approved in the FY 08-09 Budget have not been filled. Town
Manager Emmons said the permit clerk was cut for cost savings. Only 10 employees have been added in
the last three years, yet the work load has increased tremendously.
Mayor Pro Tem Sterling does not think that the Assistant Town Manager position is the position to cut.
Council member Wilson would like a copy of the 2009-10 salary as she received last years. Wilson said
that we need another Code Enforcement Officer, the new Finance Director has experience in city
management.
Mayor Sanders stated that the Charter is specific about the Town Manager's role and responsibility and
Council getting close to crossing the line into personnel issues. Sanders said that Emmons provided a
very detailed presentation and agreed that was not an appropriate discussion for a Council meeting.
Town Manager Emmons said he does not understand why one position should be cut in order to hire
another position. As the Town Manager, he has been paid to do a job, and is clearly directed by the
Charter to manage personnel.
Council member Wilson stated that she still believes that the organization is administratively top heavy.
Council member Edstrom stated that while Council may express an opinion, according to Section 3.2 of the
Charter, Council should not get into the day to day operations ..
No action taken.
C.12 Discuss and take appropriate action relative to Executive Session Item Number A2.
A. Lisa Hennek, Town Secretary Annual Evaluation (Section 551.074 (a)(1))
No action taken.
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club Municipal Utility District
No.2 v. Town of Trophy Club, pending in the 362nd District Court of Denton County,
Texas, including the Intervention into the lawsuit by MUD1, pending Declaratory
Judgment suits filed by MUD1 and MUD2, pending appeals filed by MUD1 and MUD2
and Town responses to actions taken by MUD1 and MUD2.
Peggy Sweeney 51 Meadowbrook Lane -Asked for an update on the lawsuits.
No action taken.
C.13 Items for Future Agenda.
Mayor Sanders reworded Item #6.
Council Member Edstrom added an item regarding a celebration for the opening of the Byron Nelson High
School and suggested the School District make a presentation.
1. Town Manager Emmons to report on the sound barrier issues on the east side and
conversations with TXDOT, and discussion of same. (Wilson)
2. Establish and implement a process for Hotel inspections. (Edstrom added on 1121108)
3. Discuss and consider options to approve the upkeep of rental property, with or without creating
a Building Standard Commission. (Edstrom -4121108)
4. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom -10120108)
5. Discuss and take appropriate action regarding a Library Focus Group or other plan for
exploring options and compiling data for a future library. (Wilson)
April 20,2009 Minutes 6
6. Discuss and take appropriate action regarding a Municipal Management District as it relates to
taking over MUD2. (Mayor Sanders)
7. Discuss and take appropriate action regarding culvert issues on Skyline Park. (Wilson added
on 4/6109)
8. Discuss and take appropriate action regarding an update/celebration for the opening of
the new Bryon Nelson High School.
D.1 Adjourn.
Motion made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 9:50 p.m.
y;l ~ v4 ~ f) L2t) fPC
t:isaHennek, Town Secretary
Town of Trophy Club, Texas
April 20,2009 Minutes
&V~
Nick Sanders, Mayor
Town of Trophy Club, Texas
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