Minutes TC 08/03/2009REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 3, 2009 at 6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club: Texas, met in a Regular Session on Monday, August 3,
2009. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Philip Sterling
Susan Edstrom
Glenn Strother
Kathleen Wilson
Bill Rose
Mayor
Mayor Pro Tem
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
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Adam Adams Parks and Recreation Director
Mayor White called the Council to order and announced a quorum at 6:04 P.M.
BUDGET WORKSHOP (6:00 -7:00 P.M.)
1. Budget Discussion (6:00 -7:00 P.M.)
According to Section 9.02 of the newly amended Town Charter, Town Manager Emmons submitted a
proposed budget and accompanying message before the first day of August At the direction of Council
the draft document provides for a balanced budget that provides the same level of services and does not
raise taxes. Emmons explained that this is not the finished document.
According to Section 9.05, of the newly amended Town Charter, the Council shall provide to the Town
Manager goals for the next fiscal period, by the end of January of the current fiscal year and the Council
shall review the proposed budget and revise it as deemed appropriate prior to general circulation for
public hearing. Realizing that the amendment change happened during the May 2009 Election; Town
Manager Emmons explained that management was working with stringent timelines in order to provide a
document consistent to rules of the Charter.
Council requested that Parks be added as on an area of focus as noted on the Council Priority
Questionnaire.
Finance Director Kathy DuBose suggested that the Street Maintenance and Storm Drainage funds be
separated out from the General Fund. DuBose stated that the County has until August 7, 2009 to certify
Appraisal Records.
Mayor White requested staff cleanup the priority list and then redistribute to the Council so that they may
rank their top five priorities.
Town Manager Emmons said that the draft document is a mix of policy and issues. For example, the
Council will need to appropriate funds for independent Counsel as it relates to the Ethics Commission.
Town Manager Emmons asked the Council if staff was on the right track and if the items currently
budgeted are indeed the priorities of this Council.
Council member Wilson does not understand how staff got to this level of completion. Wilson said that
she is unable to sanction everything this budget is proposing as her items/issues have not yet been
addressed. Town Manager Emmons responded that the draft document presented is required under the
Charter, and follows the amendments passed on Proposition #19. Emmons stated that the draft budget
presented is based on Council's Priority Questionnaire which reaffirmed what the Management team had
already started working towards and subsequent revisions based on the compilation of Council's results.
Emmons cautioned the Council that individually they might not feel their priorities have been met.
Council member Rose stated that the Town Manager is to present a budget document, which has
occurred and now the Council has to go to work and determine how the Council's priorities were met in
the document.
Mayor Pro Tem Sterling was very happy and impressed with the document and stated this has been a
four year revolution. During Sterling's first year, Council developed the entire budget and then directed
Town Manager Emmons to bring Council a balanced budget for the next fiscal year. Each year the
budget process has improved. Sterling reiterated the Council's direction to Town Manager Emmons last
year to come back with a balanced budget, no tax increase and a priority list as developed by the
Management team for Council to consider.
Council discussed the language in the Manager's letter and Council member Strother suggested
changing the third paragraph from 'it meets Council's priorities' to 'it strives to meet Council's priorities.'
Strother reminded the Council that the document presented is a draft which the Council now has the
responsibility to work through with staff. The Council has to decide how to accomplish providing,
continued quality service without raising taxes.
Council member Edstrom referenced the details provided on page 13 that will help the Council manage
the merits. Edstrom said that good projections are needed for the five-year Capital Improvement
Program and suggested the Council consider a packaged bond regarding the parks and streets rather
than individual bonds.
Mayor White requested the staff clean up the Council Priority Questionnaire so that Council could rank
their top five. Town Attorney Adams clarified that the Council should send an email of their ran kings to
Town Emmons only to stay compliant with the Open Meetings Act.
Council member Rose confirmed that this is not the Council's budget. It is, as per the Charter
requirements, the Town Manager's document and staff expects Council to make changes.
Council took a brief recess and reconvened at 7:15 P.M.
Council member Wilson offered the Invocation.
Mayor White led the Pledges.
August 3, 2009 Town Council Minutes 2
Citizen Presentations:
Robert Medigovich, 2010 California Crossing Dallas, TX 75220 -Representative from Community Waste
Disposal (CWO), requested the Council consider allowing CWO to submit a comprehensive proposal.
Jeff Janak, 5 Greenleaf -Requested Council support the i~ovember Bond Election.
CONSENT AGENDA
Motion made by Edstrom, seconded by Wilson to approve the Consent Agenda, Items 2 -6.
Motion passed unanimously without any discussion
2. Consider and take appropriate action to approve Minutes dated, July 18, 2009.
3. Consider and take appropriate action to approve Minutes dated, July 20, 2009.
4. Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax
Collection between Denton County and the Town of Trophy Club, and designating Kathy
DuBose, Finance Director as the Liaison.
5. Consider and take appropriate action to approve the Interlocal Cooperation Agreement-Tax
Collection between Denton County and the Town of Trophy Club PID #1 Emergency Services
(PID 0 & M), and designating Kathy DuBose, Finance Director as the Liaison.
6. Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax
Collection between Denton County and the Town of Trophy Club PID (I&S), and designating
Kathy DuBose, Finance Director as the Liaison.
REGULAR SESSION
7. Mayor White to make a statement regarding minimum requirements for placing items on the
agenda; discussion of the same.
Mayor White stated that in order for the Council to make informed decisions it is important to have the
necessary information I backup for the agenda. Mayor White said that from this point on, the item will be
pulled from the agenda if missing adequate backup and explanation.
Statement only, no action taken.
8. Consider and take appropriate action regarding an extension of the deadline for submission of
applications to serve on Town boards and commissions.
Mayor White stated that 17 applications have been received for 20 expiring terms.
Providing the Council appoints all applicants as they have applied, the Tree Board will still have two
vacancies and ZBA one alternate vacancy. Quorum issues will exist only for the Tree Board, should
all five, current Tree Board members not be able to attend a meeting,
August 3, 2009 Town Council Minutes 3
Staff is recommending extending the deadline for applications at least through the end of August. Boards
will interview the beginning to mid September and bring recommendations to Council at their September
28, 2009 Regular Session Meeting with appointments beginning October 2009.
Motion made by Edstrom, seconded by Wilson/Rose to extend the deadline through the end of August
Motion passed unanimously without further discussion.
9. Consider and take appropriate action regarding the third quarter financial and variance report
dated:
a. June 2009
Motion made by Edstrom, seconded by Sterling to approve third quarter financial and the June variance
report dated June 2009.
Town Manager Emmons stated that the June 2009, monthly financial report is presented in a format that
provides the comparison of monthly, and year to date actual amounts to the current fiscal year budget.
The accompanying variance report provides an explanation of actual fiscal year to date revenues and
departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed.
Council member Edstrom thanked the staff for their initiative to cut costs in order so that there was not a
budget shortfall.
Motion passed unanimously without further discussion.
10. Consider and take appropriate action regarding the Town's Mission Statement.
The Town of Trophy Club's current Mission Statement current reads: "Trophy Club strives to differentiate
itself as a premier cohesive community and not just a collection of nondescript housing projects. This
requires that it incorporate schools, churches, gathering places, sports, recreation, and neighborhood
retail services into an aesthetically pleasing living environment."
Council member Rose compared the City of Austin's Vision Statement to the Town's current Mission
Statement
Motion made by Rose, seconded by Wilson to replace the Mission Statement with Vision and Council
priorities.
Council member Edstrom stated the Mission statement presented by Council member Rose came from
the Vision 2008 Commission. Edstrom does not feel that she is in the position to vote on anything tonight
as the last vision planning session was last November. Edstrom commented that the Vision statement
should be short and concise and the Mission statement should mirror the Council's goal. A workshop is
scheduled for October to work the Mission and Visions.
Council member Wilson agreed with Edstrom and that Council needs more time to discuss and develop a
new Mission Statement.
Council member Strother concurred and said that the current mission statement might be a working
model that drives staff.
Council member Rose amended his motion, to remove the current mission statement and for Council to
work on the development of a new one in the October workshop. The second agreed.
Motion passed unanimously without further discussion.
August 3,2009 Town Council Minutes 4
11. Consider and provide input concerning the possibility of a November parks and recreation
bond election and potential projects.
Mayor White read that Denton County is conducting a Constitutional Amendment Election in November;
therefore the Town would contract with the County. The deadline to call the Election is September 2,
2009.
Parks Board Member JD Stotts introduced the Bond sUb-committee: Jose Duron, Neil Twomey, Larry
Letzner, Barbie Kadow, Laura Venator and Joe Boclair.
Parks Board Member Joe Boclair made a presentation and proposed a bond election to the Council.
Council requested a copy of the new presentation made by the Committee.
Council member Edstrom encouraged the Bond Committee to work with Town Manager Emmons and
staff. Edstrom stated that this Bond Election has to include the expansion of the pool.
Bond sub-committee member Larry Lentzer said that the Committee kept this bond package at a
manageable size considering the economic times.
Mayor White thanked the Committee for a presentation well done and confirmed that there would be
enough room for the pool expansion and the spray park should that be desired.
Town Manager Emmons explained that the projects would be phased based on the community needs.
The Town is fully funded for the engineering and when the bond is issued, the Town will have to ensure
that there is enough I & S debt to cover the expense. This is dependent on how the money is pledged.
Council member Strother asked if the committee considered user fees. Mr. Lentzer responded that user
fees would not be necessary with a bond and a Levy. Additionally, as the Highlands build out the burden
would lessen.
Edstrom stated that user fees are addressed every year during budget and she opposed every year.
User fees bring in only approximately $7,000 which is a nit compared to what it costs to operate the pool.
User fees will only prohibit a child from being able to participate. Edstrom said Council needs to consider
this as part of the Town's vision and mission statement.
Council member Wilson said that the sub-committee's presentation exemplifies what Trophy Club is all
about and that this is a great idea to put it to the citizens for a vote.
Mr. Lentzer thanked staff for their help.
Jose Duron, 11 Lake Circle Drive -Spoke in favor of the Bond Election.
Dean Murray, 505 Glen Hurst Court -Spoke in favor of the Bond Election.
Input only, no action taken.
12. Consider and provide input regarding the creation of a Code of Conduct/Ethics and the
establishment of an Ethics Commission and discuss and take appropriate action necessary to
implement same, including the adoption of an ordinance.
In accordance to the passing of Proposition #21 which passed in the May 2009 Charter Amendment
Election the Town Council shall adopt a Code of ConducUEthics Ordinance and establish an Ethics
Commission.
August 3, 2009 Town Council Minutes 5
Mayor White spoke to the draft Ordinance provided by staff, stating that she has a lot of questions and
suggests the Council set up a sub-committee.
Council member Edstrom does not supports a small sub-group. Edstrom commented the Council needs
to decide and debate this Ordinance collectively. Edstrom referenced Section 5, and that the Ethics
Commission should act much like ZBA and meet only when necessary. Under Section 7, Edstrom feels if
the complaint is determined baseless the respondent can recoup legal fees for the false complaint.
Mayor White believes the Town should protect Council members and cover legal fees. Council members
should not incur personal expense from complaints.
Council member Rose asked what source documents staff used for their preparatory work. Town
Manager Emmons responded that staff reviewed 20 different Ethics Ordinances and pulled prevailing
themes from those into a draft provided to Council. The draft was forwarded to Town Attorney Adams for
legal review. Council member Rose commented that San Antonio has a good Ethics Ordinance and he
supports a sub-committee of three.
Mayor Pro Tem Sterling agrees with the overall theme of the red lined changes.
Mayor White referenced page 77saying that some of the Whereas Clauses seem open for interpretation.
Council member Rose questioned why Town Manager Emmons would exempt employees from the Ethics
Commission. Town Manager Emmons explained that the employees fall prevue to the Town's Personnel
Policies which has a section governing ethics. Not exempting the employees from the Ethics Commission
would usurp the Personnel Policies.
Council member Wilson stated that the Proposition amendment does not exempt the employees.
Town Attorney Adams advised that the ballot language stayed consistent with the Charter and the
Council-Manager form of government. The Town Manager has control over all employees with the
exception of the three appointed by the Council.
Mayor Pro Tem Sterling disagrees with a sub-committee.
Council member Strother feels that staff has enough input to revise the draft.
Council member Edstrom added that the Ethics Commission is a recommending body and that the
Council has the authority to remove people from Boards and Commissions.
Assistant Town Manager Seidel commented that Management has ethics provisions within their
professional associations.
Council discussed whether to include employees in the Ethics Ordinance as employees fall prevue to the
Town Manager under the Council/Manager form of government.
Bob Radder, 1 Lee Court -Stated that he did not support this amendment and suggested the Council
review the Constitutional & Statutory Duties of the State Ethic Commission.
Town Manager Emmons was directed to re-examine the sanction, the majority of vote, gifts and the red-
lined changes suggested by Council member Edstrom.
Input only, no action taken.
13. Consider and take appropriate action regarding a Resolution to approve the placement of a
proposal to adopt a 2009 Tax Rate on the September 28, 2009 Town Council Public Meeting
August 3, 2009 Town Council Minutes 6
Agenda as an action item, and announce a Public Hearing date regarding the adoption of the
FY09-10 Budget.
Mayor White stated that the Property Tax Code specifies when a proposed rate exceeds the rollback rate
or the effective rate, whichever is lower, the taxing unit's governing body, other than for a small taxing
unit, a water district or a school district, must vote to place a proposal to adopt the tax rate on the agenda
of a future meeting as an action item. The Proposed 2009-10 Budget is funded with a proposed tax rate
of $.45551 1$100 (O&M .37389, .08162). The overall proposed tax rate represents no change from the
current year. Although this proposed rate is below the rollback rate, it is above the effective tax rate and
requires two separate public hearings.
Mayor White read the following into the record:
On September 28, 2009, the Town Council will hold a Public Meeting to adopt a 2009 tax rate that will
exceed the lower of the rollback rate or the effective tax rate. As required by law, Public Hearings on a
tax increase will be held on August 24,2009 and September 14,2009.
Motion made by Sterling, seconded by Edstrom to approve a Resolution approving the placement of a
proposal to adopt a 2009 Tax Rate on the September 28, 2009 Town Council Public Meeting Agenda as
an action item, and announce a Public Hearing date regarding the adoption of the FY09-10 Budget.
Council member Strother and Edstrom clarified that $.45551 is the cap.
Bob Radder, 1 Lee Court -Supports employee merits and COLAs as a way to keep good employees.
Scott Voigt, 540 Timber Ridge -Supports employee merits and COLAs as a way to keep good
employees.
Council discussed the potential for a tax increase in order to allow for possible issues as the budget
review is not yet complete.
Motion amended by Strother, seconded by Rose to change the proposed tax rate, setting the cap at
$0.47.
The amendment failed 3:3, with Mayor White, Mayor Pro Tem Sterling and Council member Wilson
opposing and Council members Strother, Sterling and Rose voting for.
The original motion failed 3:3 with Mayor White, Mayor Pro Tem Sterling and Council member Wilson for
and Council members Strother, Edstrom and Rose opposing.
Council member Strother said that EDC 4B is trying to promote business so that the Council does not
have to raise taxes. Some citizens want more service but they do not want to pay more in taxes.
Strother said that setting the cap at $0.47 provides the Council some flexibility as they continue to work
through the budget.
Town Manager Emmons said that although he has presented the Council with a balanced budget there
are some items Council still needs to consider.
Council member Wilson and Mayor Pro Tem Sterling agreed that if the Council truly does not want to
raise taxes they need to be committed to cutting costs. The unfortunate reality is that some people do not
have a job right now.
Town Attorney Adams advised the budget schedule is very tight and Council does have to take action
tonight.
Mayor White said that she is very unhappy with this budget process and feels that staff has manipulated
the Council, thus by the presented budget that keeps getting pushed upon them.
August 3, 2009 Town Council Minutes 7
Town Manager Emmons explained that the management team discussed salary increases and the
vehicles replacement plan. The management team, collectively decided what they felt was more
important; the resources or the salary increases. Additionally, for the past several years the Council has
been working towards a program based budget, providing direction to staff so that the Council is not
mired down in the details.
Council member Strother reminded the Council that approval does not set the tax rate, but does allow
some flexibility.
Motion made by Strother, seconded by Rose to approve a Resolution approving the placement of a
proposal to adopt a 2009 Tax Rate on the September 28, 2009 Town Council Public Meeting Agenda as
an action item, and announce a Public Hearing date regarding the adoption of the FY09-10 Budget,
proposing the tax rate at 47 cents.
Motion passed 5:1, with Mayor White, Mayor Pro Tem Sterling and Council members Strother, Edstrom
and Rose voting for and Wilson opposing.
14, Present and discuss 2009 Certified Appraisal Records and Effective/Rollback Tax Rate
Calculations.
As noted during the Budget Discussion the certified Appraisal Records were not yet available from the
County.
Mayor White said that she has specific questions and will get with the Finance Director later to discuss.
Discussion only -no action taken.
15. Consider and take appropriate action regarding an Agreement for Animal Euthanasia /Disposal
Services with a private contractor, Brian Hall, d/b/a! Brian The Animal Guy.
Last year, the Town contracted with "Brian the Animal Guy" to perform euthanasia services for the Town.
His service has been very good and conforms to the statutory requirements regarding disposal of the
remains of an animal that has been chemically euthanized. Although the need is nominal, Management
recommends extending the contract with Mr. Hall to furnish animal euthanasia/disposal services when the
need occurs.
Motion made by Edstrom, seconded by Strother to approve an Agreement for Animal
Euthanasia/Disposal Services with a private contractor, Brian Hall, d/b/a/ Brian The Animal Guy.
Motion passed unanimously without further discussion.
16. Consider and take appropriate action regarding a Resolution casting the Town's vote for one
candidate to serve the DENCO Area 9·1·1 District, and providing an effective date.
The DENCO Area 9-1-1 District requests that each participating city vote for one of the candidates and
advise the district of its selection prior to 5:00 p.m. September 9, 2009. Nominees are Olive Stephens
and Bob Radder.
Motion made by Sterling, seconded by Rose casting the Town's vote for Radder to serve the DENCO
Area 9-1-1 District.
Bob Radder, 1 Lee Court -Asked the Council for their support.
August 3, 2009 Town Council Minutes 8
Motion passed unanimously without further discussion.
17. Consider and take appropriate action regarding a Resolution casting the Town's allocated vote
(1) for a candidate to serve as a member of the Denton Central Appraisal District Board of
Directors.
Trophy Club PID #1 Emergency Services is allocated one vote. Nominee is John W. Mitchell.
Motion made by Strother, seconded by White casting the Town's (1) allocated vote for John W. Mitchell to
serve as a member of the Denton Central Appraisal District Board of Directors.
Motion passed unanimously without further discussion.
18. Consider and take appropriate action regarding an Ordinance reordering numbers and letters
in the Town Charter as a result of Charter amendments adopted at the May, 2009 election.
Section 11.12 of the Town Charter authorizes the Council to adopt an ordinance to renumber and
rearrange all articles, sections and paragraphs of the Charter and any amendments thereto as Council
deems appropriate. The re-ordering of the Charter may not change the meaning or effect of any part of
the Charter. The Council previously adopted an ordinance putting the Charter amendments adopted at
the May, 2009 election into effect. The proposed ordinance provides for renumbering and re-Iettering of
portions of Article III, Article V, and Article VI of the Charter that are already in effect. The proposed re-
ordering does not change the meaning of the Charter or any portion thereof.
As discussed at the last Council meeting, two examples for formatting of the text have been provided for
Council review. Example 1 is a clean copy without redline and Example 2 is the redline document using
strike through and bold to show changes.
Motion made by Edstrom, seconded by Sterling to approve an Ordinance reordering numbers and letters
in the Town Charter as a result of Charter amendments adopted at the May, 2009 election as provided in
Example 1.
Council member Rose gave a presentation comparing Examples 1 and 2 to 'monkeys versus elephants.'
Council member Edstrom suggested that Legal clarify the Editor's note.
Council member Edstrom withdrew her motion and the second agreed.
No action taken.
19. Council to draw for place assignment; discussion of same.
Based on the Charter Amendments Election, Proposition #4 Council needs to draw for place assignment.
Council members Rose and Wilson will draw for Places 1 and 2. Places 1 and 2 will be up for re-election
in 2011 and thereafter the Mayor and Places 1 and 2 will be elected to three year terms.
Council member Edstrom, Sterling and Strother will draw for Places 3, 4 and 5. Places 3, 4 will be up for
re-election in 2010 for a two year term. Place 5 will be up for re-election in 2010 for a three year term.
Thereafter, Places 3, 4 and 5 will be elected to three year terms.
PLACES:
Place 1 -Bill Rose
August 3,2009 Town Council Minutes 9
Place 2 -Kathleen Wilson
Place 3 -Susan Edstrom
Place 4 -Philip Sterling
Place 5 -Glenn Strother
Discussion only, no action taken.
20. Items for Future Agendas.
Removing #8, Code of Ethics, reference Item 12.
An Ordinance regulating Hotel Regulations will come before Council on August 17, 2009.
Mayor White requested an item be added to the August 17, 2009 Agenda to discuss a Ways and Means
Committee.
Council Member Wilson requested an item be added to the August 17, 2009 to give a report/update on
the August 5, 2009 MUD1 Meeting;
CONVENED INTO EXECUTIVE SESSION AT 11:55 P.M.
21. Pursuant to Texas Government Code Annotated, Chapter 551, Section 551.074(a)(1)
"Personnel Matters", the Council will enter into executive session to deliberate the
appointment of a public officer, Mayor Pro Tern.
RECONVENE INTO REGULAR SESSION AT 12:05 A.M.
22. Consider and take appropriate action regarding the appointment of Mayor Pro Tern.
Motion made by Sterling, seconded by Edstrom to nominate Council member Strother.
Motion made by Mayor White, seconded by Strother to nominate Council member Wilson.
Motion to appoint Strother as Mayor Pro Tem passed 5: 1, with White voting against.
ADJOURN
Motion made by Sterling, seconded by Rose to adjourn. Meeting adjourned at 12:07 a.m.
(,J fIIr i ,Z2.oQ 40rJ /
Lisa Hennek, own Secretary='
Town of Trophy Club, Texas
August 3, 2009 Town Council Minutes
C6nnie White, Mayor
Town of Trophy Club, Texas
10