Minutes TC 07/20/2009 - Budget WorkshopMINUTES OF A BUDGET WORKSHOP FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, July 20, 2009
7:00 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, July
20, 2009. The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Philip Sterling Mayor Pro Tem
Glenn Strother Council Member
Kathleen Wilson Council Member
Bill Rose Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom 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 7:03 P.M.
Mayor White announced the absence of Council member Edstrom.
Police Chief Scott Kniffen offered the Invocation.
Council Member Rose led the Pledges.
Citizen Presentations:
No citizen's addressed the Council.
PRESENTATION
1. Fire Chief Thomas to present graduation certificates to Citizen Fire Academy
recipients.
Fire Chief Thomas gave a brief description of the purpose of the Citizen Fire Academy as
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providing fire and safety awareness and promoting a positive image of the Department to the
community.
The following received certificates:
Steven Kohs, Rachael Suman, Deandra Pugh, Bonnie Armstrong and Bill Armstrong -Shari
Landon and Bob Radder were unable to attend to receive their awards.
Mayor White thanked the citizens for their involvement and noted their attendance at a six-hour
Emergency Management Workshop sponsored by the Department of Homeland Security.
CONSENT AGENDA
Motion made by Strother, seconded by Rose to approve the Consent Agenda, Items 2 -.4 with
noted corrections.
Mayor White asked the Council if they were comfortable with Item 4. Council member Rose said
that he is familiar from his attendance at the MUD meeting.
Motion passed unanimously without any discussion.
2. Discuss and take appropriate action to approve Minutes dated June 22, 2009.
3. Discuss and take appropriate action to approve Minutes dated July 6, 2009.
4. Discuss and take appropriate action to establish pooled cash accounts for the Town
and MUD1 at First Financial Bank and Texpool, naming authorized representatives.
REGULAR SESSION
5. Discuss and take appropriate action regarding the approval of an Agreement for
Professional Engineering Services with Halff Associates, Inc. for the Trophy Club
Pedestrian/Bicycle Sidewalk Project relating to the Safe Routes to School Grant in an
amount not to exceed $49,986.00, and authorizing the Mayor or her designee to execute
necessary documents.
Town Manager Emmons stated that the Request for Qualifications (RFQs) for the furnishing of
Professional Engineering Services to provide engineering design and plan work for
pedestrian/bicycle sidewalks, barrier-free ramps, crosswalks, curb inlets, and paving
improvements relating to the Safe Routes To School (SRTS) Grant were received on June 5,
2009. Staff recommends entering into a contract with Halff and Associates, Inc.
Mayor White confirmed that this project would be completed within the required deadline. Town
Manager Emmons stated the project should start the first week of August and that Halff and
Associates, Inc. has agreed to the revisions as suggested by Town Attorney Adams.
Council member Rose corrected the following under #9 Scope of Work, Indemnification; defent
should be defend.
Motion made by Strother, seconded by Wilson to approve an Agreement as amended and with
the changes suggested by Town Attorney Adams, for Professional Engineering Services with
Halff Associates, Inc. for the Trophy Club Pedestrian/Bicycle Sidewalk Project relating to the Safe
Routes to School Grant in an amount not to exceed $49,986.00, and authorizing the Mayor or her
designee to execute necessary documents.
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Motion passed unanimously without further discussion.
6. Discuss and take appropriate action regarding an Ordinance approving a change in the
tariffs of ATMOS Energy Corporation, Mid-Tex Division, as a result of a settlement
between ATMOS and the ATMOS Texas Municipalities, and providing an effective date.
Town Manager Emmons explained that on March 6, 2009 Atmos filed with the City Secretary for
an increase of about $24 million but the net increase was approximately $15 million due the
termination of a Charge from the 2007 Rate Review Mechanism of $9 million. The City
participated in the review of the filing as a member of the Atmos Texas Municipalities ("ATM"), a
coalition of over fifty cities. ATM's experts spent almost four months negotiating with Atmos for
information and interviewing Atmos' management about various cost-related issues.
Atmos agreed to the settlement offer. For typical residential customers it means that rates would
increase by 15 cents per month. A TM also agreed to a change in the Gas Cost Recovery (uGCR")
tariff in order to allow certain costs related to financial hedging of gas costs to be included in
periodic fuel adjustments. ATM also agreed to a change in the Conservation Energy Efficiency
("CEE") tariff to allow for conservation measures up to $1,500 per household. This program is
limited to senior citizens and customers of modest means. The settlement allows for less than
18% of Atmos' requested net increase to be implemented. The new rates would take effect on
August 1, 2009. The partiCipants involved feel that this is fair and equitable.
Motion made by Sterling, seconded by Strother to approve an Ordinance approving a change in the
tariffs of ATMOS Energy Corporation, Mld-Tex Division, as a result of a settlement between ATMOS
and the ATMOS Texas Municipalities.
Motion passed unanimously without further discussion.
7. Discuss and take appropriate action regarding Open Record Requests procedures and
associated costs.
Mayor White stated in light of the recent requests she asked for this item in order to show the
Council how much of staff time is involved to satisfy such requests. Mayor White gave a brief
presentation:
ORR -Processes
Request Received
Staff retrieves available information
Staff sends request to all parties for information
Staff gathers information from parties, prints, reviews, removes private information.
Create copies of all documents
Review by Attorney if needed
Provides copies to requestor, or requestor reviews documents and chooses which to take
Requestor pays only for documents they take
ORR-History
3-months data tracked
./ 80 requests by 51 requestors
./ Total 132.75 hours for those tracked
./ This equates to almost 4 weeks or 1/3 of an individual's time
./ Some of this time is legal time at a larger expense
ORR -for Consideration
Cannot limit Open Records Requests
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Currently charge only for the copies taken
36-hour rule -would allow for charging when cumulative requests by an individual in a
given year are more than 36 hours.
Not applicable to elected officials or Newspapers.
Mayor White said that the purpose of the item is to bring awareness of the costs associated with
Open Records and the 36 hour rule which will allow for charges to be accessed to the requester
for accumulation of time over 36 in one fiscal year. Additionally it will provide an opportunity for
Council to review procedures recently implemented to track all requests submitted.
Council member Wilson supports the 36 hour rule.
Mayor Pro Tem Sterling suggested staff educate the citizens regarding Public Information in the
way of a newsletter article.
Town Manager Emmons said that the requests can become cumbersome, however, by law staff
is limited on how they can respond to a requestor.
Council directed staff to publish an informational article in the newsletter educating the residents
on how to submit a request, the process and the fee structure.
No action taken.
8. Discuss and take appropriate action regarding the expenditure of EDC-4A funds for
shade structures at Independence Park.
In 2007 Council approved the EDC-4A funding of shade structures for fields #1 and #3 at
Independence Park. During the installation at field #1 it became apparent that the Town needed
to switch the installation to field #2 as it was determined that both electric lines and water lines
were in the way on field #3. Staff is currently re-addressing those needs and included additional
monies for anticipated challenges in this installation requiring possible re-routing of certain
portions of the park's infrastructure. Field #1 is also the most heavily used field and therefore
staff is proposing the installation of three shade structures as opposed to just two. EDC-4A
approved this expenditure of funds at their June 29, 2009 meeting. The vote was unanimous.
Larry Lentzner, 303 Ridge View Lane -Requested the Council's support for the shade structures.
Council member Strother confirmed that the contingency amount was increased in order to cover
the cost to the move of the electric and water lines.
Council member Rose confirmed that the contingency amount will only to be used if the two
electric and water lines need to be moved and only if necessary.
Motion made by Wilson, seconded Strother to approve the expenditure of EDC-4A funds for shade
structures at Independence Park.
Council member Wilson amended her motion to include, not to exceed $35,000, the second agreed.
The amendment passed unanimously.
The motion to approve the expenditure of EDC-4A funds, not to exceed $35,000 for shade structures
at Independence Park passed unanimously without further discussion.
9. Discuss and take appropriate action regarding an Ordinance amending Chapter 11 of
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the Code of Ordinances, entitled "Public Works", by adding Article IX entitled "Drought
Contingency Measures" to Chapter 11 of the Code of Ordinances providing for the
regulation of water during times of water emergency.
Mayor White stated that the Trophy Club Municipal Utility District No. 1 adopted an updated
Drought Contingency Plan which provides for the declaration of various water usage restrictions
during times of water shortage and drought. The plan restricts water usage during a time when
Stage 1, Stage 2, or Stage 3 drought conditions are declared by the City of Fort Worth .and/or
MUD1. MUD1 requested that the Town adopt an ordinance adopting the restrictions. The
Ordinance will allow the Town to issue citations for violations of water restrictions. The MUD1
Plan authorizes MUD1 to impose civil penalties for violations.
Council member Rose questioned if the MUDs had an Interlocal Agreement with the Town to
provide the enforcement of regulations relative to water use and conservation. Town Attorney
Adams stated that typically the MUDs approve Orders and the Town follows suit approving an
Ordinance for the enforcement of the issues as the MUDs do not have enforcement authority.
Motion made by Rose, seconded Sterling to approve an Ordinance amending Chapter 11 of the
Code of Ordinances, entitled "Public Works", by adding Article IX entitled "Drought Contingency
Measures" to Chapter 11 of the Code of Ordinances providing for the regulation of water during times
of water emergency.
Motion passed unanimously without further discussion.
10. Items for Future Agendas.
The Council removed Items:
#12 Discuss and take appropriate action regarding Open Record Requests (Mayor White
6/1/2009)
# 13 Discuss and take appropriate action regarding a survey sponsorship. (Wilson -6/1/2009)
Mayor White requested an item on the August 3, 2009 to discuss Council's priorities.
Council member Rose would like an item on the August 3, 2009 Item to discuss the Town's
Mission and Vision statement.
Council member Wilson suggested the Council consider placing their Mission and Vision
Statement on their webpage.
AGENDA ADDENDUM
EXECUTIVE SESSION
11. Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation With
Attorney," in order to seek the legal advice regarding parkland dedication
requirements and third party actions resulting from parkland dedication
requirements.
Town Council convened into Executive Session at 8:28 P.M.
Town Council reconvened into Regular Session at 9:17 P.M.
12. Discuss and take any necessary action resulting from the Executive Session.
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Council announced that they did not desire to take action at this time.
13. Adjourn
Motion made by Sterling, seconded by Wilson to adjourn.
Meeting adjourned at 9:19 P.M.
Connie White, Mayor
Town of Trophy Club, Texas
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