Minutes TC 11/16/2009MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 16, 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,
November 16, 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 Tem
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
Kathy DuBose Finance Director
Mayor White announced the date of November 16, 2009, called to order and announced a
quorum at 7:02 p.m.
Invocation offered by Police Chief Scott Kniffen.
Pledges led by Fire Chief Danny Thomas.
CITIZEN PRESENTATIONS:
No citizens addressed the Council.
REGULAR SESSION
1. 09·378·T Consider and take appropriate action by Resolution, casting all of the Town's
allocated votes (14) and the PID Emergency Services allocated vote (1) for a candidate
or candidaies io serve as a member of the Denton Central Appraisal District Board of
Director.
Based on the tax levy for the Town, the Town is allocated a total of fourteen (14) votes and the
Trophy Club PID #1 Emergency Services District Town, is allocated a total of one (1) vote to cast
for nominated candidate(s) named on the ballot provided by the Chief Appraiser of the Denton
Central Appraisal District.
Minutes dated November 16, 2009 1
Motion made by Edstrom, seconded by Rose to approve the Resolution, casting all of the Town's
allocated votes (14) and the PID Emergency Services allocated vote (1) for Pearl Ford to serve
as a member of the Denton Central Appraisal District Board of Directors.
Motion passed unanimously without any discussion.
2. 09-395-T Consider and take appropriate action by Resolution, casting the Town's
allocated vote (1) for a candidate to serve as a member of the Tarrant Appraisal District
Board of Directors.
Mayor White stated that the Town did not receive information from Tarrant County to nominate to
TAD. Staff has created reminders and included the receipt of applications to both Denton &
Tarrant Counties Board of Directors to the Town's annual appointments.
Motion made by Edstrom, seconded by Strother to approve the Resolution, casting the Town's (1)
vote for John Fegan to serve as a member of the Tarrant Appraisal District Board of Directors.
Motion passed unanimously without any discussion.
3. 09-456-T Consider and take appropriate action regarding an Ordinance canvassing the
Election held on November 3, 2009 in the Town of Trophy Club, Texas; canvassing
Election returns and declaring Election results of the Special Bond Election for the
purpose of approval of the Issuance of General Obligation Bonds.
Mayor White stated that the period for Canvas is November 11 -16, 2009.
Town Manager Emmons stated that 928 votes were cast for the Proposition of The Issuance of
$5, 000, 000 General Obligation Bonds for Park, Open Space and Recreation Improvements and
Land Acquisition therefor, and the Levying of a Tax in Payment. The Proposition passed 490 for
and 438 against.
Motion made by Edstrom, seconded by Rose to approve an Ordinance canvassing the Election
held on November 3, 2009 in the Town of Trophy Club, Texas; canvassing Election returns and
declaring Election results of the Special Bond Election for the purpose of approval of the Issuance
of General Obligation Bonds.
Motion passed unanimously without any discussion.
4. 09-457-T Consider and take appropriate action regarding an engagement letter to
retain the services of Vinson and Elkins as the Town's Bond Counsel to provide bond
related legal services for the issuance of the park bonds approved at the November,
2009 Election.
Mayor White questioned the services performed prior to election. Town Manager Emmons
explained this as a typical fee structure. It is normal for Bond Counsel to work with Staff prior to
an election as generally Bond Counsel is paid out of the Bond proceeds.
Council member Rose confirmed the $7,500 cap and questioned if the Town would still owe, had
the Bond not passed and considering the services were performed without a contract. Town
Attorney Adams confirmed that had the Bond not passed, the Town would still have to pay.
Minutes dated November 16, 2009 2
Motion made by Edstrom, seconded by Wilson to approve an engagement letter to retain the
services of Vinson and Elkins as the Town's Bond Counsel to provide bond related legal services
for the issuance of the park bonds approved at the November, 2009 Election.
Motion passed unanimously without further discussion.
5. 09-466-T Consider and take appropriate action regarding the Citizen of the Year
guidelines, criteria and voting process for the 2009 Recipient.
Last April, Citizen of the Year Committee (COYC) representatives Pearl Ford and Peggy
Sweeney requested the Council to consider expanding the Teenage Category to include a Youth
Category for the eligibility for children under the age of twelve. The COYC discussed the
categories for each nominee; agreeing that some nominees were submitted in a category not
applicable to the definition for that category. The COYC also requested Council provide direction
to the Committee's obligation to recommend a recipient in a particular category, should the
nominees not meet the criteria for the category they were nominated.
Council member Edstrom requested the form be changed to reflect that nominations need not
specify a specific nominating category as the Citizen of the Year Committee has Council's
approval to categorize based on reasons given for nomination. Edstrom would like a Youth and
a Teenage Category as just expanding the one category would make the evaluation difficult.
Council member Rose said his inclination is to split the category into two due to the level of
achievement give the age differences.
Mayor Pro Tem Strother recommended expanding the Teenage Category into a Youth Category
and givin'g the Citizen of the Year Committee the authority and flexibility to separate should the
nominations merit. Council member Sterling agreed with expanding the category as splitting and
creating additional categories diminishes the value. Council member Wilson and Mayor White
both agreed with expanding the category.
Council's consensus was to change the Teenage Category to a Youth Category and expand to
include citizens 18 years or younger who made a difference in our community or schools. The
Council agreed that the Citizen of the Year Committee will have the latitude to split and add
another category should the nominations received merit significant reasoning to add another
category.
Mayor White suggested that neither Elected Officials nor family members be eligible for
nomination. Council member Wilson agreed due to appearances. Wilson stated that she had no
qualms with the recipients from last year; however the Council needs to stay above the
appearance of impropriety.
Town Attorney Adams stated that this issue was discussed last year and that the decision was
that Elected Officials and Staff member could be nominated for reasons outside of the scope as
an Election Official or Staff member, and that they are not eligible for nominations based upon or
due to their Staff capacity for the Town.
Mayor White reconsidered her suggestion, stating that if Elected Officials or Staff members may
be nominated for service not related to their positions for the Town their family should be eligible
as well.
Council member Sterling cautioned the Council not to lose sight of big picture. Citizen of the Year
is supposed to be fun and a recognition of honor.
Motion made by Rose, seconded by Wilson to change the Teenage Category to a Youth
Category and expand the category to include youth 18 and under.
Minutes dated November 16, 2009 3
Motion passed unanimously without further discussion.
Council member Edstrom requested that the Citizen of the Year Committee be informed that they
have the latitude to split and add another category, should the nominations received merit
significant reasoning to add another category.
6. OS-465-T Consider and provide direction relative to expanding the scope of the duties
of the Tree Board in reference to beautification.
Mayor White explained that the Tree Board was created via the adoption of an ordinance that is
currently codified as Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision
Regulations" of the Code of Ordinances. Section 8.02 (H) sets forth the specific duties and
responsibilities of the Board. Should Council desire to expand the scope of the Tree Board's
duties and responsibilities, that action will require an amendment to the existing ordinance. A
copy of Section 8.02 is provided in the backup. The Tree Board annually reviews the Town's
Tree Ordinance and proposed revisions as it determines necessary.
Staff seeks the direction of Council regarding future amendments to Article VIII. At Council's
request, Staff is proposing that Council consider expanding Tree Board's duties to include
advising Town Staff and/or Town Council concerning any issues regarding Town landscaping or
Town sponsored displays of artwork or decorations. The Board would hear resident or Staff
concerns in these areas and provide advice to Staff to facilitate Staffs resolution of those
concerns.
Council member Wilson explained that the difference between a Board and Advisory Group in
that a Board keeps Minutes. Given the fact that there are only so many trees in Trophy Club,
Wilson' suggested the Tree Board expand their responsibilities to serve in an advisory capacity
regarding the community aesthetics, such as types flowers, holiday decorating, and the holiday
lighting contest.
Council member Edstrom questioned if this had been discussed with the Tree Board in a formal
manner. Edstrom said that the Tree Board needs to be aware that the Council is considering
expanding the Board's scope of the duties.
Town Manager Emmons clarified that currently the Tree Board is set up to make
recommendations concerning trees. Emmons said that he wanted Council to discuss the
potential of expanding the Board's responsibilities prior to going to the Board.
Council member Rose said that he is open to the Tree Board's input. Rose questioned if the Tree
Board would have to change their name, if their scope was expanded.
Town Attorney Adams stated that the Town does need a Tree Board given their Tree City status
and that additional duties could be added.
Mayor Pro Tem Strother asked what Staff suggested. Strother questioned if the Board would
become unmanageable if the scope become too broad.
The Council agreed that the language regarding the scope and responsibilities of the Tree Board
needs to be very clear. The Town Council requested that Town Manager Emmons and Staff
discus with the Tree Board.
No action taken, direction only.
Minutes dated November 16, 2009 4
7. 09464-T Consider and take appropriate action regarding the May 8, 2010 Joint Election
Agreement between the Town of Trophy Club and Trophy club Municipal Utility District
No.1.
Staff needs to announce the information regarding the May Election in the January Newsletter,
this deadline is December 14. Additionally, the following is a new requirement that went into
effect September 2009, Deadline to post the Notice of the dates of the filing period for the general
election (January 7, 2010). There has been talk of the Town and MUD conducting two separate
elections. In order for Staff to prepare accordingly, Council and TCMUD 1 need to decide how
Staff should proceed.
Council member Rose referred to the four year terms for TC MUD 1 Directors advising that he
heard they would be staggered.
Motion made by Rose, to approve the May 8, 2010 Joint Election Agreement between the Town
of Trophy Club and Trophy Club Municipal Utility District No.1, authorizing the Mayor to modify
the agreement, in reference to action approved by TC MUD 1 regarding termslplaces for the five
MUD Directors.
Motion died for lack of second.
Town Manager Emmons suggested the following revisions:
5. Earlv Voting:
Early voting, both by personal appearance and by mail, shall be by use of electronic system
ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so
doing shall permit the voters to vote for three (3) Town of Trophy Club Council Members; Places
3 and 4 for two (2) year terms each and Place 5 for a three (3) year term and five (5) Directors for
Trophy Club MUD 1-forfo<Jr (4)-yeaHerm5-eaGA~No elector shall vote for more than (3) three
Town of Trophy Club Council Members and five (5) Directors.
6. Ballots: The Town Secretary is hereby authorized and instructed to provide and
furnish all necessary election supplies to conduct the election. Voting at the Election shall be by
use of electronic system ballots. Preparation of the official ballots for the Election shall conform
to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for
three (3) Town of Trophy Club Council Members; Places 3 and 4 for two (2) year terms each and
Place 5 for a three (3) year term and five (5) Directors for Trophy Club MUD 1 fol'-feldF-(4}-yeaf
IeFfHS-eaGR. No elector shall vote for more than (3) three Town of Trophy Club Council Members
and five (5) Directors.
Town Attorney Adams advised that the termslplaces for the TC MUD 1 Directors need not be
specified in the Joint Election Agreement as terms/places will be determined in the TC MUD 1
Order calling the Election.
Motion made by Edstrom, seconded by Rose to approve the May 8, 2010 Joint Election
Agreement between the Town of Trophy Club and Trophy Club Municipal Utility District No.1,
and striking the the following from Section 5 and 6, for four (4) year terms each.
8. 09461-T Consider and provide direction regarding the Town's 25 th Anniversary
festivities, to include establishing an Ad Hoc Committee to plan this event.
Mayor White questioned why the Item was posted for direction only. Town Manager Emmons
explained that Staff needs a little more information in order to prepare the appropriate document.
Should the Council desire to establish an ad hoc committee a resolution creating the ad hoc
committee would be brought back at a subsequent Council meeting.
Minutes dated November 16, 2009 5
Council member Edstrom questioned if this event would be incorporated into the current events
or added as a new event. Edstrom asked Staffs opinion of adding another Committee, which
would require Staffs oversight and management.
Mayor White stated that the recognition of the 25 1h Anniversary should be year long and posted
on the Town's publications on the website. White commended Staff for their job on the past
events and feels that Staff is getting maxed out. White said that more people should be involved
in coordinating the festivities of the Town's 251h Anniversary and that the Town should capitalize
on this milestone.
Council discussed the Parks Department having to manage another committee and limiting how
many people served on the committee. Council discussed the Park 80ard providing the
leadership to a task force who would be responsible for the event.
Town Manager Emmons suggested perhaps a committee completely separate from the Town be
formed to plan the event; a group of volunteers. Emmons confirmed that this event was not
budgeted for and Council would need to consider selling tickets in order to defray costs.
Mayor White stated that she will continue to work with Town Manager Emmons and Staff and
then come back to Council with a recommendation.
9. 09-473-T Discuss and take appropriate action regarding an ordinance amending Section
2.02(8) entitled "Speed of Vehicles," and 2.03(8) entitled "Stop Signs" of Article II,
"Traffic and Vehicles", of Chapter 1 0 "Public Safety" of the Code of Ordinances,
designating special speed zones and stop intersections in the Town; providing a
penalty not to exceed $200 for violations, and providing an effective date.
Town Manager Emmons stated that Council passed Ordinance 2008-38 on December 1, 2008
approving the Stop Signs that were installed in the Highlands development As a result of new
construction, realignment, and name changes to roads, it is necessary to adopt the amendments
contained within the Town's Traffic Ordinance.
Motion made by Edstrom, seconded by Wilson to approve an ordinance amending Section
2.02(8) entitled "Speed of Vehicles," and 2.03(8) entitled "Stop Signs" of Article II, "Traffic and
Vehicles", of Chapter 10 "Public Safety" of the Code of Ordinances, deSignating special speed
zones and stop intersections in the Town; providing a penalty not to exceed $200 for violations,
and providing an effective date, correcting the spelling of Marshall Creek, under 2.03, #165.
Motion passed unanimously without further discussion.
10. 09-496-T Council to receive an update on amendments to the Trophy Club PID No.1
Service and Assessment Plan regarding the changes to the lot category for NH 8, and
discussion of the same.
Town Manager Emmons provided a brief update explaining that the Service and Assessment
Plan needs to be updated to reflect the changes made to PO 27, approved by the Council on
November 2, 2009.
11. 09-463-T Receive a report from Town Manager Emmons regarding the delinquency for
Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy
Club), NH8, and discussion of same.
Minutes dated November 16, 2009 6
Town Manager Emmons provided an update stating that the delinquency is a result of a late
payment, in the amount of $39,000, by BDMR who is the sole owner of NH8. To date, all
assessments have been paid, including the penalties and interest for the late payment. Council
member Wilson clarified the amount of the penalties and interest for the late payment.
12. 09-467-T Items for future Agenda.
Town Manager Emmons added an item to discuss cancelling the December 21" meeting.
Council member Wilson amended #1, Item to receive a report from Town Manager Emmons
regarding the sound barrier issues on the east side and conversations with TXDOT, and
discussion of same, to add, after Town Manager Emmons' meeting with Roanoke.
13. 09-468-T Mayor and Council Update regarding training opportunities, educational
sessions, upcoming events and regional meetings.
Mayor White provided a brief update on her attendance at the following meetings and events:
November Chamber Luncheon
Tan Parker Town Hall
Heart of North TX Business Conference
Metroplex Mayors
Chamber's Best of Northwest
Mayor's Roundtable
North TX Super Bowl XLV Host Committee
Mayor Pro Tem Strother gave a brief update on ICSC.
Council member Edstrom spoke on upcoming TCWC Holiday Events.
EXECUTIVE SESSION
14. 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.
Council Convened into Executive Session at 8:38 p.m.
Council Reconvened into Regular Session at 9:56 p.m.
RECONVENE INTO REGULAR SESSION
15. 09-499-T Consider and take appropriate action relative to Executive Session Item
Number Fiie ID 09-497.
No action taken.
ADJOURN
Minutes dated November 16, 2009 7
Motion to adjourn made by Wilson, seconded by White to adjourn. Meeting adjourned at 9:57
p.m.
~l{ VeAcLkn /7vC
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
Minutes dated November 16, 2009
06nnie White, Mayor
Town of Trophy Club, Texas
8