Minutes TC 10/19/2009MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, October 19, 2009 6:00 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,
October 19, 2009. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Glenn Strother
Philip Sterling
Susan Edstrom
Kathleen Wilson
Bill Rose
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Adam Adams Parks Director
Mayor White announced the date of October 19, 2009, called to order and announced a
quorum at 7:04 p.m.
Invocation offered by Mayor Pro Tern Strother.
Pledges led by Council member Rose.
1. 09-396-T Introduction and Presentation from Cathy Hernandez -ARTSNET; discussion
of same.
Ms. Hernandez was unable to present due to illness.
2. 09420-T Consider and take appropriate action regarding a Proclamation declaring
October 19-23, 2009 as Texas Chamber of Commerce Week.
Mayor Pro Tem Strother read the Proclamation.
Motion made by Edstrom, seconded by Rose to approve the Proclamation.
Pearl Ford accepted the Proclamation on behalf of Sally A. Michalak, President, Northwest
Metroport Chamber.
Minutes dated October 19, 2009 1
The Council thanked the Chamber for their support.
Motion passed unanimously without any discussion.
CITIZEN PRESENTATIONS
No citizens addressed the Council.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will
be enacted by one motion. There will not be a separate discussion of these items. If discussion is
desired, that item will be removed from the consent agenda and will be considered separately.
Mayor White, announced the following change to Item 4, Minutes dated September 21, 2009,
paragraph 11, should read:
Mayor White is comfortable adding an additional employee to the Finance
Department, but does not support a Benchmark Analyst. Council member Rose
Wilson agreed and said that the additional person would be responsible for
whatever duties are necessary and does not necessarily need the title of
Benchmark Analyst.
Motion made by Wilson, seconded by Strother to approve the Consent Agenda, Items 3 -6, with
the corrections made to the September 21,2009 Minutes.
Motion passed unanimously without any discussion.
3. 09-384-T Consider and take appropriate action regarding the Minutes dated September
14,2009.
4. 09-397-T Consider and take appropriate action regarding the Minutes dated September
21,2009.
5. 09-398-T Consider and take appropriate action regarding the Minutes dated September
28,2009.
6. 09-449-T Consider and take appropriate action regarding the Minutes dated October 5,
2009.
REGULAR SESSION
7. 09-446-T Staff presentation and update regarding the events planned for the Fall
Phantom Festival on October 24, 2009; and discussion of the same.
Staff gave a brief presentation outlining the events planned for the Fall Phantom Festival.
Mayor White questioned if Parks Director Adam Adams felt this event was adequately promoted
as a Community Event rather than just an Elementary School Event. Parks Director Adams said
that this event was promoted in the same fashion as the past Fall Festivals. The Parks
Department will be tracking the attendance and by asking attendees to complete a comment
form.
Minutes dated October 19, 2009 2
No action taken, presentation only.
8. 09-418-T Consider and take appropriate action nominating candidates to the Denton
County Appraisal District Appraisal Review Board.
Mayor White explained that this is a full-time job for a period of three months. Nominated
candidates will have to complete an application for the Board of Directors to hire from.
Motion made by White, seconded by Rose to nominate Joyce Frey to the Denton County
Appraisal District Appraisal Review Board.
Pearl Ford, 2 Spring Creek Court -Explained that every year members are appointed to the
Appraisal Review Board. Members serve two year terms and may only serve three terms.
The Council suggested staff consider options to advertise for interest to this Board and for the
Board of Directors for the future nominations.
Motion passed unanimously without further discussion.
9. 09-312-T Consider and take appropriate action regarding an Ordinance amending the
Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3,
entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards
for Permit Holders, and Providing an effective date.
Staff made revisions to the Ordinance as suggested by the Council at their September 28, 2009
meeting.
Mayor White questioned if the mechanical ventilation requirements are consistent with green
standards and if once a year insect treatment is enough. Assistant Town Manager said that the
mechanical ventilation requirements follow the International Building Code that the Town adopted
and that once a year insect treatment is all the Town has to monitor.
Council suggested revisions to Sections I, Guest Room or Rooms, J, Hot Water and K, Hotel and
requested the effective date as January 1 't.
This Item will be brought back at the November 2, 2009 Council meeting.
10. 09-419-T Consider and take appropriate action regarding a Resolution accepting the
Energy Efficiency and Conservation Block Grant (EECBG) Program allocation under
the American Recovery and Reinvestment Act (ARRA); and providing an effective date.
The American Recovery and Reinvestment Act provides more than $45 million to the State
Energy Conservation Office, a part of the Comptroller's office, for the Energy Efficiency and
Conservation Block Grant program. This money will be available to small cities that did not
receive a direct allocation from the U.S. Department of Energy under this program.
In an effort to ensure that the 1,127 cities in Texas that are not receiving direct dollars from DOE
are able to benefit from this funding, the money will be redistributed based on a population
formula. As a result, it is currently antiCipated that the Town may be eligible for $35,000.
Potential projects planned are the lights and air conditioner.
Minutes dated October 19, 2009 3
Council member Rose questioned if the projects planned were even possible considering the
Town leases the building from the MUD. Mayor White stated that the maintenance is handled
jointly.
Motion made by Edstrom, seconded by Wilson to approve a Resolution accepting the Energy
Efficiency and Conservation Block Grant (EECBG) Program allocation under the American
Recovery and Reinvestment Act (ARRA), effective October 19, 2009.
Motion passed unanimously without further discussion.
11. 09-444-T Consider and take appropriate action regarding the enforcement of House Bill
No. 55 relating to the offense of using cell phones in school zones.
Staff is requesting Council's direction regarding installation of signage. The cost for signage is
approximately $550.00. Assistant Town Manager stated that in order to enforce House Bill No.
55, signage has to be posted.
Council member Edstrom recalled that Council did not support this the first time it came before
Council.
Council member Sterling does not support enforcement. The distraction is not having the cell to
your ear; it is the conversation and dialing the phone. Enforcement places unnecessary burden
on the Police Department.
John Tharpe, 1120 Wilshire -Suggested the Council consider posting signs reminding people of
the school zone, and not the State regulated signs.
Council member Wilson agreed with Mr. Tharpe and that the power of positive suggestion may
have a greater effect. Wilson feels Council needs to take some sort of action.
Police Chief Kniffen acknowledged that two hands on the wheel is the safest way to drive,
however, the Police cannot cite people for drinking coffee, smoking or eating while driving.
Kniffen confirmed that should the Town post signs compliant with State regulations, the Police
would have to enforce. However, they would not have to enforce if the signs were only power
positive suggestion signs.
Mayor White stated that the entire Council is concerned about the safety and welfare of the
children and is trying to determine the best course of action.
Pearl Ford, 2 Spring Creek Court -Admitted bias based on an accident she was involved in as
the person who hit her was on the phone, and suggested power of positive suggestion signs to
start. If necessary the Council would later implement the State regulated signs.
Council member Edstrom suggested Staff contact the schools to determine their preference.
Motion made by Sterling not to approve the enforcement of House Bill No. 55 relating to the
offense of using cell phones in school zones.
Motion failed for lack of a second.
Mayor Pro Tem Strother questioned if it would be mandatory for an officer to monitor the school
zones if the signs are posted in compliance with State regulations. Chief Kniffen explained that it
would not be necessary for the Police to patrol the school zones, however they would have they
same obligation to enforce the statute, and use their discretion when issuing a citation.
Minutes dated October 19, 2009 4
Motion made by Strother, seconded by Edstrom to table until the next available agenda and until
further research can be done by staff.
Assistant Town Manager Seidel said he would contact NISD to discuss.
Motion passed 5:1, with Sterling opposing.
12. 09-443-T Update regarding the Cost of Election Services with Tarrant County, for the
November 3, 2009 Park Bond Election.
Mayor White discussed the election cost with Tarrant County Elections Administrator, Steve
Raborn. Mr. Raborn re-evaluated the Town's invoice and reduced the cost related to the Town's
one day of early voting and estimate for that day. Tarrant County also agreed to charge only 25%
of the full time early voting site at Southlake (rather than 50%).
The Town's new cost estimate approximately $3,900, changing the deposit amount to $2,900.
Finance had already sent the check for the original amount prior to Tarrant reducing the cost,
therefore Tarrant County will apply the entire amount and after the election, if the deposit is
greater than the actual costs, Tarrant County will refund the difference.
Council member Edstrom questioned if the Bond Committee had started campaigning yet. Staff
confirmed that several signs had already been posted and that the Bond Committee has a
website.
No action taken, update only.
13. 09428-T Consider and take appropriate action regarding the ratification of an
amendment to the contract between the Town and Halff Associates for engineering
services related to the Trophy Club Pedestrian/Bicycle Sidewalk Project.
TxDOT notified the Town that the parent drop-off included in the original scope of work and
budget would not be funded. The drop-off is considered a transportation element and not a
pedestrian element. We met with the engineering team and decided that the funds previously
allocated for the drop-off would be best utilized for construction of additional sidewalks to Byron
Nelson High. TxDOT has agreed to the proposed addition.
The amendment to the Engineering Services Contract is for the additional survey work required
as a result of these changes.
Staff recommended that the Council ratify the Amendment as written.
Motion made by Edstrom, seconded by Sterling to approve the ratification of an amendment to
the contract between the Town and Halff Associates for engineering services related to the
Trophy Club Pedestrian/Bicycle Sidewalk Project.
Motion passed unanimously without further discussion.
14. 09-445-T Items for Future Agendas
Mayor Pro Tem Strother added an Item to discuss a Planning Session for Comprehensive Land
Use.
Minutes dated October 19, 2009 5
15. 09-442-T Mayor's Update regarding training opportunities, educational sessions, and
regional meetings.
Mayor White provided a brief update on her attendance at the following meetings and events:
-October Chamber Luncheon
-Motel Six Grand Opening
-TCWC Garage Sale
-Roanoke Days
-NCP Meeting
-Metroport Cities Partnership Meeting
-Official Dedication of the Byron Nelson High School
Council convened into Executive Session 8:28 p.m.
EXECUTIVE SESSION
16. 09-447-T Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation With Attorney,"
on a matter in which the duty of the Attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict
with the Open Meetings Act for the purpose of receiving legal advice regarding
interlocal and regional contracts.
Council reconvened into Regular Session 8:45 p.m.
RECONVENE INTO REGULAR SESSION
17. 09-448-T Discuss and take appropriate action relative to Executive Session Item 09-
447.
No action taken.
ADJOURN
Motion to adjourn made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 8:45
p.m.
~"-IJ(2f1YJ/J. I
lisa Hennek, 'fawn Secretary ----= .,Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Minutes dated October 19, 2009 6