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Minutes TC 12/07/2009MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, December 7, 2009 7:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, December 7, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tern Susan Edstrom Council Member Philip Sterling Council Member Kathleen Wilson Council Member Bill Rose Council Member STAFF AND GUEST(S) PRESENT. Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Kathy DuBose Finance Director Mayor White announced the date of December 7, 2009, called to order and announced a quorum at 7:06 p.m. Invocation offered by Mayor Pro Tern Strother. Pledges led by Council member Wilson. CITIZEN PRESENTATIONS: No citizen's addressed the Council. PRESENTATION 1. 09-503-T Presentation by Tree Board Chair to children for their help with the July &h Parade and Floats; discussion of same. Mayor White acknowledged the following for their help with the July 4ch Parade and Floats: r Carter Boclair .- Aidan Boclair Steele Blackwell December 7, 2009 Minutes Ashlyn Parker Dawson Parker Sloane Johnson Olivia Stecker Gage Morgan CONSENT AGENDA Motion made by Edstrom, seconded by Rose to approve the Consent Agenda, Items 2 - 4, with the corrections to the November 2 and November 16, 2009 Minutes. Motion passed unanimously without any discussion. 2. 09458-T Consider and take appropriate action regarding the Minutes dated November 2, 2009. 3. 09-459-T Consider and take appropriate action regarding the Minutes dated November 16, 2009. 4. 09-512 T Consider and take appropriate action ratifying and approving an Interlocal Agreement with Denton County for Ambulance Services. REGULAR SESSION 5. 09-613 T Consider and take appropriate action regarding financial and variance report dated. a. October Motion made by Edstrom, seconded by Wilson to approve the financial and variance report dated October. Motion passed unanimously without further discussion. 6. 09401 T Consider and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or her designee to execute necessary documents. This is an annual agreement for renewal. Staff recommends approval Motion made by Edstrom, seconded by Wilson to approve an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or her designee to execute necessary documents. Council Member Rose questioned the training provided by the Texas Department of Public Safety as it relates to motor vehicles. Chief Kniffen responded that the Texas Department of Public Safety has provided training to the explorers and that they are an invaluable resource. Mayor White added that they are an additional presence as well. Motion passed unanimously without any discussion. 7. 09-516-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement (Trophy Club, NISD, Roanoke, Denton County) for Phase II of the Northwest Parkway Connector Road. December 7, 2009 Minutes 2 Town Manger Emmons stated that the joint agreements were made in May 2008 and as the project moved closer to starting, necessary approvals from the State for the Hwy 377 intersection had still not been received. This began to threaten the schedule which required the main portion of the road be open for the start of the school year and the opening of Byron Nelson High School_ Therefore, the decision was made to split the project into two phases. Phase 1 of the Bobcat Boulevard construction project is nearing completion. The main lanes of Bobcat were constructed in Phase I, but they do not connect with Hwy 377. Phase 11 of the project will construct the highway intersection. This enabled construction to begin and actually be completed on schedule, while the Town continued to wait for State approval for the intersection and for County approval of additional funds voted in the November 2008 TRIP 08 bond election. Phase Two is now about to begin and the necessary approvals to connect to Hwy 377 have been received. The State has not approved a traffic light at this intersection, as they do not see the traffic flow demanding it. The Town hopes that once the road is built, the traffic patterns and need for a controlled intersection will become obvious. With the approval of the County Bond, additional funding was made available from the County for this construction, reducing the amount each local entity is required to contribute. The proposed Interlocal Agreement is similar to the one used for the first phase of the project. Trophy Club will serve as project lead and will be responsible for overall management, financial management, and inspections. Denton County will contribute a flat fee of $230,000 and each remaining party will be responsible for a percentage of the project based on the projects impact to that entity. The percentages are the same as in Phase I. Town Manager Emmons said that there were a couple of changes on the signature pages and Northwest Parkway has been changed to Bobcat Boulevard. Mayor Pro Tern Strother confirmed that the signalization will not be included in this agreement. Council member Rose confirmed that all entities are involved in the signalization project and that the engineers are drafting the signalization. Town Manager's Emmons stated that the County and the School have reviewed the Agreement and are expected to approve at their next meeting. Town Manager Emmons stated that the first phase went very well. There is approximately $30,000 in construction left to be completed and is anticipated to be completed by the end of January. Motion made by Edstrom, seconded by Rose to approve an Interlocal Cooperation Agreement (Trophy Club, NISD, Roanoke, Denton County) for Phase II of the Northwest Parkway Connector Road, with corrections. Motion passed unanimously without further discussion. 8. 09-518 T Consider and take appropriate action regarding an Ordinance amending the FY 2009-2010 Budget to make a supplemental appropriation for the marks Department budget (Medians/Common Areas Property Maintenance line) for FY 2009-2010 as a result of a refund of a prior year expenditure. Section 9.06(a) of the Town Charter provides. - (a) Supplemental Appropriations. If during or before the fiscal year the Town Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. December 7, 2009 Minutes The Town paid a contractor $2,900.00 from the 2008-2009 budget to perform work on the repair/replacement of the marquee located on Trophy Wood Drive. The $2,900.00 was one-half of the total cost of those repairs. The contractor notified the Town in November 2009 that he would be unable to provide those services and refunded the $2,900.00 payment to the Town. Exhibit "A" to the ordinance is a certification by the Town Manager that the $2,900.00 is revenue in excess of that estimated in the 2009-2010 budget and recommends that those funds be appropriated for the Medians/Common Areas - Property Maintenance line of the Parks Department budget for use in the repairlreplacement of the marquee on Trophy Wood Drive. Motion made by Edstrom, seconded by Rose to approve an Ordinance amending the FY 2009-2010 Budget to make a supplemental appropriation for the Parks Department budget (Medians/Common Areas Property Maintenance line) for FY 2009-2010 as a result of a refund of a prior year expenditure. Motion passed unanimously without any discussion. 9. 09-515-T Consider and take appropriate action regarding an Interlocal Cooperative Purchasing Agreement by and between Parker County and the Town of Trophy Club. Two Chevrolet Tahoe Police vehicles were budgeted in the FY 2009-10 budget. The Police Department is able to piggy -back on the Parker County Competitive bid that was awarded to Reliable Chevrolet in Richardson upon approval of an Interlocal Agreement by both parties. The pricing found in this bid is less than that found on the Comptrollers web site. Upon approval the Police Department will work with Finance to obtain the best source of funding for these vehicles which are priced at $24,152 each. With factory installed equipment the vehicles will be $25,060 each. Council member Rose questioned the cost savings and commended staff for the savings. Chief Kniffen stated the cost savings was approximately $200.00 a vehicle. Motion made by Edstrom, seconded by Strother to approve an Interlocal Cooperative Purchasing Agreement by and between Parker County and the Town of Trophy Club. Motion passed unanimously without further discussion. 10. 09-517-T Consider and take appropriate action regarding planning and organizing the Town's 25th Anniversary festivities. The Council discussed this item at their November 16, 2009 meeting. Mayor White stated that she would continue to work with Town Manager Emmons and Staff and then come back to Council with a recommendation. Mayor White discussed with Town Manager Emmons and Staff and recommends that she work separately with the citizens to form a citizen's committee to develop ideas for this event. Council agreed to allow Mayor to spearhead this event and work separately with the citizens to form a citizen's committee to develop ideas for this event. No action taken. 11. 09-514 T Consider and take appropriate action cancelling the December 21, 2009 Regular Town Council meeting. December 7, 2009 Minutes 4 Motion made by Wilson, seconded by Edstrom to cancel the December 21, 2009 Regular Town Council meeting. Motion passed unanimously without any discussion. 12. 09-519 T Items for future Agendas. Council member Rose questioned the annual budget report. Mayor White advised that the Charter requires the Town Manager to produce by the end of the year. Staff will send the report via email and present the report in January. Town Manager Emmons stated that #1 (item to receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club Public Improvement District No. 9 (The Highlands at Trophy Club), NH8. (Wilson added on September 28, 2009)) would be brought to Council at their first meeting in January and removed #9 (Item to receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club Public Improvement District No. I (The Highlands at Trophy Club), NH8. (Wilson added on September 28, 2009)). Council member Wilson added an item to consider the issuance of debt as it relates to the Park Bond Election and an item to re -consider a No-knock Ordinance. Council member Rose questioned adding an item to set the Council's goals and objectives, and an item to consider the creation of Citizen's Financial Budget Board. In reference to #4 (Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson)) Council member Wilson and Town Manager Emmons provided that the Town is still working with the School and will advertise for applications of interest, after the first of the year. 13. 09-520 T Receive a progress report from Council Member Wilson regarding the November 17, 2009 TCMUDI Meeting; discussion of same. Council member Wilson reported on the following from the November 17, 2009 TCMUD1 meeting: • Finance department status report on software search. • Discussion of Westlake's verbal request for fire services bid. • Preliminary research data presentation and discussion of same regarding MUD/Town shared employee expenditures. • TML Region 8 event approval. Council discussed the research data presentation of the SEMO (Shared Employees MUD Organization) and the potential for outsourcing certain positions and functions. Council member Wilson said that she would provide the MUD FINANCIAL OPTIONS FOR SHARED EMPLOYEES/SEMO Analysis -Chart 9 to the rest of Council for their review. Council said that they would be happy to meet jointly with TC MUD1 to discuss this issue. 14. 09-521-T Mayor and Council Update regarding training opportunities, educational sessions, upcoming events and regional meetings; discussion of same. Mayor White and Council to provide a brief update on their attendance at the following meetings and events: December Chamber Luncheon ICS 400 Training December 7, 2009 Minutes 5 Council Retreat/Strategic Planning Session Metroport Cities Partnership Denton County Precinct 4 Meeting Trophy Club Christmas Event - Parade, Tree Lighting and Reception Council member Edstrom advised that this was the first year the TCWC Tour of Homes sold out of tickets_ The tour raised approximately $15,000 which the philanthropy group is responsible for disbursement of the funds. Mayor Pro Tern Strother stated that he will attend the 1-35 Coalition meeting on Wednesday, December 9, 2009. EXECUTIVE SESSION Jim Hase, 209 Inverness Drive — Addressed the Council regarding Item #15. Hase read Section 5.01 of Town Manager Emmons' contract and questioned if this is a good deal for the residents of Trophy Club. Time Convened into Executive Session at 6:20 p.m. 15. 09-497-T Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551,074(a) "Personnel Matters, to discuss the goals and objectives, evaluation and contract extension of Town Manager, Brandon Emmons. Time Reconvened into Regular Session at 10:28 p.m. RECONVENE INTO REGULAR SESSION 16. 09-499 T Consider and take appropriate action relative to Executive Session Item Number File ID 09-497. Pauline Twomey, 203 Oakmont— Spoke against extending Town Manager Emmons' contract. Neil Twomey, 203 Oakmont--- Spoke against extending Town Manager Emmons' contract. Motion made by Sterling, seconded by Strother to extend Town Manager Emmons' Contract. Council member Wilson stated that she does not feel Town Manager Emmons' assets out weigh his liabilities. Mayor White stated that she has been vocal about certain issues and that she and Town Manager Emmons have worked diligently to resolve. Noting that there is still room for improvement she is comfortable extending Town Manager Emmons' contract. Mayor Pro Tern Strother stated that financial aspects of Town Manager Emmons' contract are far less compared to other City Manager contracts. Vote passed 5:1, with the Wilson voting against Town Manager Emmons' contract was extended until June 1, 2012. ADJOURN Motion to adjourn made by Sterling, seconded by Edstrom. Meeting adjourned at 10:40 p.m. December 7, 2009 Minutes 6 LEsa Hennek, Town Secretary Town of Trophy Club, Texas December 7, 2009 Minutes ,Connie White, Mayor Town of Trophy Club, Texas