Loading...
Agenda Packet TC 11/21/2005Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, November 21, 2005 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · Town Offices closed on November 24th and 25th · Retirement Reception for Donna Welsh · Holiday Blood Drive Community Development: · Road Construction · Building Addition · Electronic Marquees Finance: · No updates to report Information System: · No updates to report Parks and Recreation · Creation of a Park Board · Marshall Creek Update · Holiday Festivities Update Planning & Zoning · D.R. Horton Update Police and Fire Services · State Qualifications Certified Pump Operator · US Department of Homeland Security Grant · School Crossing Guard Opening · Development of a DPS survey Municipal Utility District: · No updates to report 1 B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. D.1 Discuss 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. D.2 Discuss and take appropriate action regarding the establishment of a NISD Task Force, appointing candidates to the Task Force, and approval of the Task Force mission and goals. A. Discuss and receive recommendation and/or nominations for appointment to the NISD Task Force. B. Discuss and take appropriate action approving a Resolution appointing candidates to the NISD Task Force. C. Discuss and take appropriate action for approval of the Task Force mission and goals. D.3 Discuss and take appropriate action by Resolution, casting all of its allocated votes (16) for a candidate or candidates to serve as a member of the Denton Central Appraisal District Board of Directors. D.4 Discuss and take appropriate action to authorize ECD4A to fund $4984 which is 50% of the total amount needed to replace and repair fencing on ball fields #4 and #2 at Beck Park with the other 50% being funded by the Baseball Association. D.5 Discuss and take appropriate action to spend $3,900 from the Court Technology Fund to purchase new Court technology that provides a new report application and Citation Management Interface. D.6 Discuss and take appropriate action establishing the process to evaluate and administer performance reviews for the Town Manager, Town Attorney and Town Secretary. D.7 Items for Future Agenda. 1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 2. Discussion and appropriate action for Parks and Recreation future plans of Marshall Creek. 3. Status of street repairs and bonds, including recommendation. 4. Public Safety Advisory Group researching ways to handle the garage sale traffic. 5. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20 Ordinance to include the Events Fee. (January 16th, 2005) 6. Evaluate Park fees with consideration to association fees. 7. Discuss and take appropriate action regarding award/rejection of landscaping bids for Indian Creek medians as part of street construction process. (December 5, 2005) 2 8. Recommendation on apartment ordinance - outward appearance. (January) 9. Discuss and take appropriate action regarding amendments to the restrictions of Ordinance 2004-17, regulations and operation of motor assisted scooters. (December 5, 2005) 10. Discuss and receive Council direction regarding the Year in Review publication. (December 5, 2005) D.8 Discuss and take appropriate action to reschedule or cancel Regular Town Council meetings for December 19th, 2005 and January 2, 2005. D.9 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. D.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 7, 2005. D.11 Consent agenda: Discuss and take appropriate action to approve financials dated October 2005. D.12 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving an Interlocal Agreement for the Fire Protection, Fire Rescue and First Response for the EMS with the Tarrant County Emergency Service District No. One. D.13 Consent Agenda: Discuss and take appropriate action regarding a Resolution authorizing the Town Manager or their designee to serve as the Town’s representative for the Cities Aggregate Power Project (CAPP). E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act and for Consultation with the Town 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 (§551.071 (b)). (1) Retirement of Town Manager Donna Welsh, the filling of the Town Manager vacancy, the appointment of an Interim Town Manager, and any related reassignment or duty changes for Finance Department personnel. E.2 Discuss and take appropriate action to fill the Town Manager vacancy resulting from the retirement of Donna Welsh, appointment of Interim Town Manager, and staffing changes related to existing shared Finance Director and any related reassignment or duty changes for Finance Department personnel. F.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.A.1 Call to order and announce a quorum. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.B.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: · Town Offices closed on November 24th and 25th · Retirement Reception for Donna Welsh · Holiday Blood Drive Community Development: · Road Construction · Building Addition · Electronic Marquees Finance: · No updates to report Information System: · No updates to report Parks and Recreation · Creation of a Park Board · Marshall Creek Update · Holiday Festivities Update Planning & Zoning · D.R. Horton Update Police and Fire Services · State Qualifications Certified Pump Operator · US Department of Homeland Security Grant · School Crossing Guard Opening · Development of a DPS survey Municipal Utility District: · No updates to report 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.B.2 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.1 Discuss 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. EXPLANATION: Texas Department of Public Safety contacted Director Briggs in regards to establishing an outpost in Trophy Club for the Highway Patrol. The Highway Patrol is requesting to place 4 troopers, a Sergeant and one assistant in Denton County for highway patrol and accident investigations. In lieu of office space the Texas Department of Public Safety will provide valuable accident investigation training to our department and a wealth of knowledge and capability to the Trophy Club Department of Public Safety. They will need only office space, with no long distance support, computer support or office furniture or supplies. Texas Department of Public Safety, Captain McKinney from Garland will be attending the meeting to participate in the discussion. RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: (RCB) Attachments: 1. Information Memorandum 2. Memo of Understanding 9 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (“MOU”), is entered into as of the day of ___________, 2005 by and between the Town of Trophy Club (“Owner”) having an address at 100 Municipal Drive, Trophy Club, TX 76262, and the Texas Department of Public Safety (“DPS”). Whereas, the DPS has requested the Town allow it to use a certain portion of a building currently utilized by the Trophy Club Department of Public Safety; and Whereas, the Town Council finds it to be in the best interest of public safety to cooperate with the Texas Department of Public Safety; and Whereas, Town Council of the Town of Trophy Club finds that the use of office space within the Trophy Club Department of Public Safety building will provide added law enforcement visibility within the Town which will be beneficial to the public and desires to enter into an agreement to authorize such use; and Whereas, the Town Council has determined that the execution of this MOU serves a valid governmental purpose and is beneficial to the general health, safety and welfare of the public. Now Therefore, in consideration of the mutual promises, conditions and covenants passing between the parties hereto, it is understood and agreed by and between the parties to this MOU as follows: This MOU authorizes the Texas Department of Public Safety, as well as any other personnel that support and/or audit the Texas Department of Public Safety, to access and/or use Office Space as designated for such us by the Director of Public Safety, located at 100 Municipal Drive, in Trophy Club, Texas, including the rights of ingress and egress to the office space and the right to use common areas such as bathroom facilities and parking space, to the extent such common areas are not part of the actual office space (“Office Space”). 1. OWNER’S RESPONSIBILITIES 1.1. Providing the Texas Department of Public Safety with the means to access the Office Space, such as the keys and any access codes necessary to enter the Office Space. 2. TEXAS DEPARTMENT OF PUBLIC SAFETY’S RESPONSIBILITIES 2.1. Cleaning the Office Space, excluding any common areas. 2.2. Providing the necessary furniture and office equipment for the Office Space, excluding any common areas. DPS shall provide all office supplies necessary for DPS operations 3. Consideration: As consideration for the use the Office Space, DPS will provide valuable training and expertise on the investigation of motor vehicle accidents to the Trophy Club Department of Public Safety Officers. 4. TERMS AND CONDITIONS 4.1. Term -The term of this MOU shall be for a period of one (1) year, commencing on the 1st day of January 2006, and terminating on the 31 day of December 2006. The parties have the option to renew this MOU for 5 (five) additional terms of 1 (one) year each. Either party may terminate this agreement upon at least thirty (30) days written notice. 4.2. Title and Scope of Use: The Texas Department of Public Safety shall have no right, title or interest in the Office Space, except the right to use as detailed herein. However, this MOU only authorizes the Texas Department of Public Safety to use the Office Space and only imposes the responsibilities listed in Section#2 above as long as the Texas Department of Public Safety provides narcotics law enforcement in Comal County. The Office Space is provided at no cost to the Texas Department of Public Safety for the term of this MOU. 10 4.3. Venue Exclusive venue for any dispute arising out of this MOU shall be Denton County, Texas. 4.4. Choice of Law – This MOU shall be construed and governed by the laws of the State of Texas. 4.5. Severability Clause – If one or more provisions of this MOU, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this MOU and the application of the provision to other circumstances shall remain valid and in full force and effect. 4.6. No liability for employees and officers –Each party to this MOU agrees that it shall have no liability whatsoever for the actions and/or omissions of the other party’s employees, officers or agents, regardless of where the individual’s actions and/or omissions occurred. Each party is solely responsible for the actions and/or omissions of its employees, officers and agents; however, such responsibility is only to the extent required by Texas law and each party preserves all defenses and liability limitations legally available to it. Where injury or property damage result from the joint or concurring acts and/or omissions of the parties, any liability shall be shared by each party in accordance with the applicable Texas law, subject to all defenses, including governmental immunity and liability limitations legally available. These provisions are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. Notwithstanding the foregoing, each third party law enforcement agency or entity providing peace officers or personnel to assist the Texas Department of Public Safety remain liable for the actions of its respective employees. These provisions are solely for the benefit of the parties and not for the benefit of any person or entity not a party to this MOU; nor shall any provision hereof be deemed a waiver of any defenses available by law. 4.7. Non-assignment – Neither party may assign or transfer this MOU or any interest in this MOU without the written consent of the other party. 4.8. Modifications or amendments – No modification or amendment to this MOU shall become effective unless in writing, signed by both parties, and approved by governing bodies as required by law. 4.9. Non-incorporation - This MOU embodies the entire agreement between the parties. There are no oral covenants, agreements, representations, warranties or restrictions between the parties regarding the Office Space. 4.10. Authority: Any individual signing this MOU on behalf of an entity represents and warrants that he has full authority to do so. 4.11. Notice/Contact - Any notice required or permitted under this MOU shall be directed to the respective Parties at the addresses shown below and shall be deemed given: (1) when delivered in hand and a receipt granted; (2) when received if sent by certified mail, return receipt requested; or (3) when received if sent by confirmed facsimile: If to the Texas Department of Public Safety: Captain Joel McKinney 350 West IH-30 Garland, Texas 75043 Office #: 214.861.2155 If to the Town of Trophy Club: Randall C. Briggs Director of Police and Fire Services 100 Municipal Drive Trophy Club, TX 76262 Office # 682.831.4655 11 Either of the parties may change its address or designated individual(s) to receive notices by giving the other party written notice as provided above, specifying the new address and/or individual and the date upon which it shall become effective. The undersigned parties bind themselves to the faithful performance of this MOU. FOR THE TEXAS DEPARTMENT OF PUBLIC SAFETY ____________________________ Authorized Signature ____________________________ Title ____________________________ Date FOR THE TOWN OF TROPHY CLUB ____________________________ Nick Sanders ____________________________ Mayor ____________________________ Date 12 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.2 Discuss and take appropriate action regarding the establishment of a NISD Task Force, appointing candidates to the Task Force, and approval of the Task Force mission and goals. A. Discuss and receive recommendation and/or nominations for appointment to the NISD Task Force. B. Discuss and take appropriate action approving a Resolution appointing candidates to the NISD Task Force. C. Discuss and take appropriate action for approval of the Task Force mission and goals. EXPLANATION: At Council’s request, staff has developed a draft mission statement for the NISD Joint Use Task Force with goals, objectives and a proposed timeline for Council’s consideration. The following candidates have applied to serve on the Task Force and their applications included for Council review. Marc Bartels Eric Cox Bree Diller Matthew Graham Wendy Hill Gary MacDiarmid, Sr., Ph.D. Trish Neitzel Tony Shuman Rebecca Shuman Jon Seale Glenn Strother Mark Venator Kathleen Wilson RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Information Memorandum 2. Resolution 3. Candidate Applications 13 NISD Joint Use Task Force Draft Mission and Goals Statement Mission The mission of the NISD Joint Use Task Force is to identify and explore opportunities for joint use and mutual benefit of the Northwest Independent School District and the Town of Trophy Club in conjunction with the new high school in an effort to provide expanded services resulting in increased efficiencies and saving for the constituents of both entities. Goal To complete the following objectives to enhance and maintain long-term working relationships with the school district. Objectives ƒ Design and develop an agreement for the joint use of sports facilities ƒ Design and develop an agreement for the joint use of a library ƒ Design and develop an agreement for the joint use of Marshall Creek Park ƒ Design and develop an agreement for the use of effluent water for the irrigation of Town parks and the NISD facilities ƒ Pursue any other opportunities where joint use seems feasible Timeline November 21st - Council to Appoint Task Force December 13th - Initial Meeting of the Task Force with at report to Council at their following meeting. January 2006 - At least one additional meeting to create a plan to present to NISD with a report to Council prior to meeting with NISD February 2006 - Meeting with NISD representatives February 2006-07 - Work to achieve listed goals March 2007 - Final presentation to Council and Task Force Dissolves Staff recommends that the membership of this Task Force include representation from the Friends of the Library, the Sports Associations and Parks and Recreation Advisory Group. 14 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE CREATION OF A TASK FORCE TO WORK WITH NORTHWEST INDEPENDENT SCHOOL DISTRICT ON A JOINT USE OF FACILITIES AT THE FUTURE HIGH SCHOOL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is empowered under §51.001 of the Texas Local Government Code to adopt a resolution that is for the good government of the Town; WHEREAS, the Town has a substantial interest in the proper management and oversight of the construction of the new high school; WHEREAS, a Task Force can provide focus on potentially partnering with NISD to design a joint use library and athletic fields that the Town and the school could share; WHEREAS, the Town’s partnering with NISD on joint use for a library and athletic fields would provide a source of revenue and deliver quality community services beneficial to the residents of the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas does hereby authorize the creation of a Task Force. Section 2. The Task Force shall consist of ______ ( ) members from the Town of Trophy Club, appropriate staff members and or elected officials. Such members shall serve at the pleasure of the Town Council. By passage of this Resolution, the Town Council nominates and elects XX as its representative member serving on the Task Force. Section 3 __________________ shall serve as the liaison between the Town Council and the Task Force. As liaison, ____________________ shall communicate directives from the Town Council to the Task Force, and shall at the request of the Town Council, submit reports on the project. Section 5. The Task Force shall advise the Town Council concerning the most efficient means of partnering with the NISD and perform other functions in accordance with a mission statement adopted by the Task Force and/or purpose established by the Town Council. Section 6. This Resolution shall take effect from and after its date of passage in accordance with law. 15 PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 21st day of November, 2005. ______________________________ C. Nick Sanders Mayor, Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary, Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: _________________________________________ Town Attorney, Town of Trophy Club, Texas 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.3 Discuss and take appropriate action by Resolution, casting all of its allocated votes (16) for a candidate or candidates to serve as a member of the Denton Central Appraisal District Board of Directors. EXPLANATION: Town Council nominated Pearl Ford, Bob Radder and Pat Carr to the Board of Directors for the Denton Central Appraisal at the October 3rd, Town Council Meeting. Mr. Carr has since expressed his preference would be to serve one more term on the DCAD Appraisal Review Board, prior to being nominated to the Board of Directors. The Town is allotted 16 votes. Prior to December 31st, a tabulation of the votes will be forwarded to the jurisdictions. The five candidates that have received the most votes become the Board of Directors as of January 1st, 2006. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Information Memorandum 2. Resolution 40 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CASTING ALL OF ITS ALLOCATED VOTES FOR CANDIDATE NAME TO SERVE AS A MEMBER OF THE DENTON CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS; PROVIDING FOR SUBMITTAL OF SAME TO THE CHIEF APPRAISER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 6.03 of the Tax Code provides for the selection of members for the Denton Central Appraisal District’s Board of Directors based on the standard process of nominations and selection by the voting units in a taxing jurisdiction; WHEREAS, the Town of Trophy Club, Texas, based on the tax levy for the Town, was allocated a total of sixteen(16) votes to cast for nominated candidate(s) named on the ballot provided by the Chief Appraiser of the Denton Central Appraisal District, WHEREAS, upon receiving the selections submitted by all voting units of the taxing jurisdiction, the five nominees receiving the most votes will be appointed members of the Board of Directors for the Denton Central Appraisal District. WHEREAS, it is the desire of the Town Council of the Town of Trophy Club, Texas, to cast it’s allocated votes to select candidate name for placement on the Board of Directors for the Denton Central Appraisal District. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, hereby casts all of its allocated votes for candidate name, Denton County Tax Assessor/Collector, to serve as a member of the Board of Directors for the Denton Central Appraisal District. Section 2. That this Resolution, indicating the votes cast and candidate selected, shall be submitted to the Chief Appraiser of the Denton Central Appraisal District prior to December 15, 2005. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 21st day of November, 2005. _______________________________________ 41 Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 42 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.4 Discuss and take appropriate action to authorize ECD4A to fund $4984 which is 50% of the total amount needed to replace and repair fencing on ball fields #4 and #2 at Beck Park with the other 50% being funded by the Baseball Association. EXPLANATION: Sections of the fence on field #4 and field #2 are in need of repair and/or replacement. These repairs will address both concerns of safety and functionality. Field #4 is Baseball’s only 12 and over field and prevents conflict between softball and baseball as Independence #4 is the only other full size field and remains in almost constant use by the TCGYSA. Baseball has been informed that it will not be able to play within other leagues until these safety concerns have been addressed. RECOMMENDATION: EDC4A vote on this matter was unanimous, and staff also agrees that this is both a necessary and effective use of EDC funds. Staff obtained three bids. The other bids on this item were in excess of $13,000.00. The low bidder on this item, SAV-ON Fence Company, has done work for both the Town and the M.U.D and their work product has been done in a timely and satisfactory manner. ACTION BY COUNCIL: (aa) 43 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.5 Discuss and take appropriate action to spend $3,900 from the Court Technology Fund to purchase new Court technology that provides a new report application and Citation Management Interface. EXPLANATION: There are two separate projects. The first is for $500 for an ad-hak court reporting tool. With the new tool, we can run custom reports based on different needs from one interface. Efficiencies increase with the new reporting application. The second is $3,400 for the Citation Management Interface into our court software. The new Citation Management application will save on man-hours and increase accuracy by automating the ticket transfer into the court software. RECOMMENDATION: Staff recommends the expenditure. ACTION BY COUNCIL: (mp) Attachments: 1. Information Memorandum 44 45 46 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.6 Discuss and take appropriate action establishing the process to evaluate and administer performance reviews for the Town Manager, Town Attorney and Town Secretary. EXPLANATION: The Town’s Personnel Policies, Section 2.10 – Trial Period Every person initially employed by or promoted in the Municipal service as a regular employee will be required to successfully complete a trial period of six months (DPS personnel must complete a one year trial period). The new employee's supervisor will assist him or her during this time. Each new employee's performance will be evaluated as he or she adapts to the new job. Written notification of this individual's employment status will be entered into his or her personnel file at the conclusion of the initial trial period. A trial employee may be dismissed at any time during the trial period with no recourse to the formal appeal procedure. The duration of the trial period may be extended if an employee is away from his/her job for an extended period or if the employee's performance or attendance is not yet satisfactory. Should the department head decide to extend the trial period, a written notice outlining the reasons for the extension will be issued to the employee. Section 2.11.1 – Job Performance A formal, written evaluation will be conducted at various times, but at least annually, for each employee. Scores on evaluations will be used to compare the performance, experience and qualities of employees to their job requirements. In addition, this will take into consideration such job factors as cooperation, dependability, output, good housekeeping, judgment, safety and so forth. The evaluations will become a part of the employee’s permanent personnel record file. Lisa Ramsey Date of Hire, 7/24/03 - Received one evaluation on 12/17/03. 3/05 – 5/05 Interim Town Secretary 5/05 Town Secretary Patricia Adams Date of Hire, 3/3/03 – Has not received an evaluation to date. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Information Memorandum 47 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.7 Items for Future Agenda. 1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 2. Discussion and appropriate action for Parks and Recreation future plans of Marshall Creek. 3. Status of street repairs and bonds, including recommendation. 4. Public Safety Advisory Group researching ways to handle the garage sale traffic. 5. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005- 20 Ordinance to include the Events Fee. (January 16th, 2005) 6. Evaluate Park fees with consideration to association fees. 7. Discuss and take appropriate action regarding award/rejection of landscaping bids for Indian Creek medians as part of street construction process. (December 5, 2005) 8. Recommendation on apartment ordinance - outward appearance. (January) 9. Discuss and take appropriate action regarding amendments to the restrictions of Ordinance 2004-17, regulations and operation of motor assisted scooters. (December 5, 2005) 10. Discuss and receive Council direction regarding the Year in Review publication. (December 5, 2005) 48 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.8 Discuss and take appropriate action to reschedule or cancel Regular Town Council meetings for December 19th, 2005 and January 2, 2005. EXPLANATION: The following are the scheduled, Regular Town Council meetings through the month of January. 12/5/05 12/19/05 1/2/06 1/16/06 RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 49 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.9 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (RCB) Attachments: 1. Information Memorandum 2. Police Services Bureau Stats 3. Fire Services Bureau Stats 4. Court Stats 50 Police Services Patrol Division October 2005 Dispatched Calls 25.64% Felony Arrests 0.00% Accidents 0.26% DWI Investigations 0.18% Vehicle Searches 0.70% Warning Citations 11 N .24% Parking Citations 8.17% Traffic Citations (Non-moving) 9.31% Misdemeanor Arrest 0.18% umber of Written Reports 2.46% Traffic Citations (Moving) 10.36% Traffic Stops 30.29% Out of City Assistance Calls 1.23% Monthly Crime/Patrol Statistics - October 2005 Tr a f f i c S t o p s Tr a f f i c C i t a t i o n s (M o v i n g ) Tr a f f i c C i t a t i o n s (N o n - m o v i n g ) Pa r k i n g C i t a t i o n s Wa r n i n g C i t a t i o n s Ve h i c l e S e a r c h e s DW I I n v e s t i g a t i o n s Ac c i d e n t s Fe l o n y A r r e s t s Mi s d e m e a n o r Ar r e s t Di s p a t c h e d C a l l s Nu m b e r o f W r i t t e n Re p o r t s Ou t o f C i t y A s s i s t a n c e Ca l l s Mi l e s D r i v e n Da y s W o r k e d TOTAL 345 118 106 93 128 8 2 3 0 2 292 28 14 0 196 51 52 53 54 55 56 57 58 59 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 7, 2005. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. 11/7/05 Minutes 60 STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in Special Session on Monday, November 7, 2005. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Pam Cates Mayor Pro Tem Susan Edstrom Council Member Scott Spence Council Member Beverly Foley Council Member Roger Williams Council Member STAFF AND GUEST(S) PRESENT: Roger Unger Assistant Town Manager/Finance Director Kerin Fleck Planning and Zoning Coordinator Beth Ann Gregory Community Development Manager Patricia Adams Town Attorney Mike Pastor IS Manager Adam Adams Parks and Recreation Director Randy Briggs Police and Fire Services Director A.1 Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Invocation. Beth Ann Gregory gave the invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible." Mayor Sanders led the pledges. B.1 Citizen presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. Gary Cunningham, 16 Skyline Drive – Addressed Council regarding Ord. 2004-01, Traffic Street Calming, section E.2, Overnight Parking. Steven Kohs, 18 Overhill Drive – Addressed Council regarding an update pertaining to Trophy Club’s Support Our Military. Barry Huizenga, 120 Greenhill Trail South – Addressed Council regarding agenda item D.5, a proposed amendment to the Scooter Ordinance. Jeffrey Peterson, 1124 Trophy Club Drive – Addressed Council regarding Traffic Calming. Greg Lamont, 15 Avalon Drive – Addressed Council regarding the Trophy Club Times. Robert Hoch, 245 Oak Hill Drive – Addressed Council regarding Traffic Calming, and Gas Well lighting. Neil Twomey, 203 Oakmont Drive – Addressed Council regarding Traffic Calming. B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: 61 · Denton County Elections Administration will hold election day voting, November 8th for the 2005 Constitutional Amendment and Justice of the Peace Precinct 2 Local Option Election at the “Svore” M.U.D. Building, 100 Municipal Drive. Community Development: · Road Construction Shield’s Court and Drive are in the cleanup stages with sod and irrigation to be complete this week. Indian Creek continues to progress ahead of schedule with the opening on the north side lanes scheduled for November 18th weather permitting. · Building Addition The new parking has been completed and the earthwork has begun for the new building. · New Single-family Construction Fiscal Year-to-Date Building Permits (October 2005- September 2006) - Three new single-family permits have been issued at a value of $1.3 million dollars · Electronic Marquees Working on installation of power to the sites. Installation scheduled to be complete this month. · Street Superintendent Joe Villa has accepted the position of the Streets Superintendent\Inspector with a start date of November 21st. Finance: · Annual Audit Auditors are still conducting their field work. They have been with us three weeks and have indicated that they will be here through the end of this week. Information System: · No updates to report. Parks and Recreation · · Christmas Kickoff Events will start on Saturday, December 3rd at 3:00 p.m. with the Gingerbread House Contest, followed by the Holiday Parade, Tree Lighting and Pictures with Santa. Festivities will continue on Sunday, December 4th with the Trophy Club Women’s Club Tour of Homes, the Home Decorating Contest and the Tour of Homes Dessert Reception and Silent Auction. More information is available online. · Landscape Bid opening on 11/28/05 Planning & Zoning · DR Horton will go to P & Z on December 1st. The workshop will begin at 6:30 and Public Hearing at 7:00. Police and Fire Services · Municipal Court Funds: The TC Police continue to work with the FBI on the investigation of the Trophy Club Municipal Court funds, and as soon as information is available, an update will be provided. The investigation is moving as quickly as possible given the FBI workload. Information will be provided as received. · The Trophy Club Law Enforcement Explorer Post #953 Competed in the South Texas Regional Law Enforcement Explorer Competition on 10-29 and 10-30, 2005. The post received three trophies in the competition: 9 Third Place - 911 Foot Pursuit Obstacle Course 9 Third Place - Explorer Top-Dog Competition 9 First Place - Police Officer Top Dog Competition · The Public Safety Advisory group is currently seeking additional volunteers. Please complete an application or speak to Lisa if interested. Municipal Utility District: · No updates to report. Greg Lamont, 15 Avalon Drive - Addressed the Council regarding the proposed DR Horton development. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION 62 *REGULAR SESSION D.1 Discuss and take appropriate action regarding the retirement of Town Manager, Donna Welsh and payment of longevity benefit. Council member Edstrom made a motion to accept the retirement letter and approve the payment the longevity benefit; Mayor Pro Tem Cates seconded. Action passed unanimously with out any discussion D.2 Discuss and take appropriate action to make nominations to the DCAD Appraisal Review Board. Council member Spence made a motion to nominate Jim Hicks and Pat Carr to the DCAD Appraisal Review Board; Council member Edstrom seconded. The floor was opened for discussion. Assistant Town Manager, Roger Unger clarified that thee DCAD Board of Directors will make their decision at the December meeting. Action passed unanimously, without further discussion. D.3 Discuss and take appropriate action on the passage of a resolution approving the Cities Aggregation Power Project's (CAPP's) letter of intent to enter into negotiations for a capacity contract with the owner of coal (including Texas lignite) generation to supply the base load electric power needs (approximately 55%-60% of total energy needs) for CAPP members over a ten-year (10-year) period. Council member Williams made a motion to pass a Resolution approving the Cities Aggregation Power Project's (CAPP's) letter of intent to enter into negotiations for a capacity contract with the owner of coal (including Texas lignite) generation to supply the base load electric power needs (approximately 55%-60% of total energy needs) for CAPP members over a ten-year (10-year) period; Council member Spence seconded. The floor was opened for discussion. Community Development Director, Beth Ann Gregory briefed the Council on the history of CAPP and gave a brief explanation of the purpose for the Resolution. Council Member Edstrom clarified that the Resolution only applied to coal. Action passed unanimously, without further discussion. D.4 Discuss and take appropriate action appointing a task force, to work with the school district on joint use of facilities at the future high school. Council member Edstrom moved to postpone this item to the first meeting in December. Motion died for lack of a second. Council member Spence made a motion to establish a six-member task force; Council appointing five members and Beth Ann Gregory serving as the staff liaison; Council member Foley seconded. The floor was opened for discussion. Council member Spence stated his concern that no one from this Council is meeting with members of NISD and due to the potential growth, this task force should have been established months ago. Council member Edstrom stated that she is not in support of putting a Task Force together without clear objectives and staff directions, when it appears that staff is currently involved with discussions with the school district. Council member Spence expressed a desire to gain citizens input with this Task Force and begin Mayor Sanders stated that the WHERAS clause address a purpose. Mayor Pro Tem Cates agreed with Council member Spence, as time is limited with big responsibilities pending and a task force would be able to balance the tasks. Roger Unger suggested that Council allow staff to develop objectives and timelines to bring back to the second meeting in November, which will give Council an opportunity to consider their personal recommendations of residents, also for the November 21st meeting; that two weeks should not impede this process. Mayor Sanders suggested that ‘a least once per quarter’ be inserted after reports in Section three, to provide a definitive. Council member Edstrom advised that objectives timelines as suggested by provided by staff could effect her resident recommendation. Council member Williams suggested the delay would allow a wider range of citizens to become aware and provide an opportunity for participation. Council member Spence, as the mover, made a motion to refer this item to the next regularly scheduled Council meeting, with staff input; Council member Foley as the second, agreed. 63 Motion to refer to the next meeting, passed unanimously with Council member Williams directing the staff to notify the residents for the request to serve on the task force. D.5 Discuss and take appropriate action regarding amendments to the restrictions of Ordinance 2004-17, regulations and operation of motor assisted scooters. Director of Police and Fire Services, Randy Briggs advised that the only item he would add would be a prohibition of scooters on Trophy Club Drive and Indian Creek Drive. Council member Edstrom made a motion to include item three as outlined in the memo dated November 4, 2005, (Pocket bike or Minimotorbike means a self-propelled vehicle that is equipped with an electric motor scooter or internal combustion engine having a piston displacement of less than 50 cubic centimeters, is designed to propel itself with not more than two (2) wheels in contact with the ground, has a seat or saddle for the use of the operator, is not licensed or inspected, is not designed for use on a highway but does not include a moped, motorcycle, electric bicycle, motor-driven cycle, motorized mobility device, electric personal assistive mobility device or a neighborhood electric vehicle as those are defined in the Texas Transportation Code.); Council member Williams seconded. Council member Spence stated his concerns for putting children on the road with cars. Council member Williams asked Patricia Adams if recent laws have been passed that would allow the Town to require a license. Ms. Adams stated that the laws have changed such that allow certain restrictions to be placed on the vehicles in the interest of public safety. Council member Edstrom acclaimed Barry Huizenga’s statement in that it is parental and individual responsibility and teaching our kids to be aware of their surroundings and that there may be consequences to their actions. Jeffrey Peterson, 1124 Trophy Club Drive – Addressed Council, advising that while it is important to train the kids, that Town may also want to consider providing an education program for the drivers that would teach the regulations of interacting with two-wheeled vehicles, whether it be a motorcycle, scooter or bike. Mayor Sanders stated he has only had two residents contact him about scooters. Mayor Sanders also asked that Council keep in mind the staff’s time in preparation of a permit if established. Mayor Pro Tem Cates requested to amend the motion to amend the ordinance to provide educational classes and registering scooters. Council member Edstrom moved to amend the motion to include that staff, Chief Briggs, come back at a future date, with recommendation of amending the Ordinance to include item three as outlined in the memo dated November 4, so that we are in compliance with State Law recommendations for registration and processing criteria and an educational program; Council member Williams seconded. Council member Williams spoke to Council member Spence that he has been requesting training from the beginning and that by implementing registration, training could be enforce. Council member Spence also stated his desire for an age requirement. This item will be back on the first meeting in December. Motion passed unanimously D.6 Discuss and take appropriate action to approve Minutes dated October 24, 2005. Council member Foley made a motion to approve Minutes dated October 24, 2005; Council member Spence seconded. Motion passed 3:0:1, with Council member Williams abstaining. D.7 Items for Future Agenda. 1. Long-term capital project list, projected fiscal impact and surveys for resident input on potential projects. 64 Council member Foley suggested that item number one fall under the project of the task force that will be created. 2. Discussion and appropriate action for Parks and Recreation future plans of Marshall Creek 3. Status of street repairs and bonds, including recommendation. 4. Public Safety Advisory Group researching ways to handle the garage sale traffic. 5. Discuss and take appropriate action by Resolution, casting all of its allocated votes (16) for (candidates names) to serve as a member of the Denton Central Appraisal District Board of Directors. (November 21, 2005) 6. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20 Ordinance to include the Events Fee. (January 16th, 2005) 7. Evaluate Park fees with consideration to association fees. 8. Discuss and take appropriate action regarding an Additional Entrance from 377. (November 21, 2005) Removed 9. Discuss and take appropriate action regarding award/rejection of landscaping bids for Indian Creek medians as part of street construction process. (December 5, 2005) Mayor Sanders requested that an item be added to discuss and take appropriate action regarding the retirement of Town Manager, the appointment of Interim Town Manager, staffing changes related to existing shared Finance Director and future replacement of Town Manager. (November 21st, 2005) Mayor Pro Tem Cates - Recommendations bolster the apartment ordinance for their outward appearance. (January) 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 Pro Cates moved to remove D.8 and D.10 from the Consent agenda; motion seconded by Council member Spence. Motion passed unanimously without any discussion.. D.8 Consent agenda: Discuss and take appropriate action regarding an Interlocal Agreement with Denton County for Ambulance Services. Item removed from Consent agenda. Council member Williams moved to approve; Council member Foley seconded. Floor opened for discussion. Mayor Pro Tem questioned if these agreements will take away the ability to provide ambulance services within the Town. Chief Briggs advised that is an annual renewal and that the Town gets paid for responding to calls outside of the Town. Chief Briggs answered that there is an impact to the Town, however, there are not enough calls for it to pose a problem and in such instances, mutual aid will kick in. Motion to approve D.8 passed unanimously. D.9 Consent agenda: Discuss and take appropriate action to ratify the Mayor’s signature approving a change to the previously approved resolution accepting the School Resource Officer Grant. Council member Edstrom moved to approve Consent Agenda, item D.9; motion seconded by Council member Williams. Motion passed unanimously D.10 Consent agenda: Discuss and take appropriate action regarding an Interlocal Agreement with Denton County for Fire Services. Item removed from Consent agenda. Council member Edstrom moved to approved item D.10; Council member Williams seconded. Motion passed unanimously, without discussion. F.1 Adjourn. Council member Edstrom made a motion to adjourn; Council member Williams seconded. Meeting adjourned at 8:43. ___________________________________ Mayor, Town of Trophy Club __________________________________ Town Secretary, Town of Trophy Club 65 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.12 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving an Interlocal Agreement for the Fire Protection, Fire Rescue and First Response for the EMS with the Tarrant County Emergency Service District No. One. EXPLANATION: Annual agreement with Tarrant County Emergency Service District to provide mutual for Fire and Emergency Medical Services RECOMMENDATION: Staff Recommends approval ACTION BY COUNCIL: (RCB) Attachments: 1. Information Memorandum 2. Resolution 66 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AN INTERLOCAL AGREEMENT (MUTUAL AID) FOR FIRE PROTECTION, FIRE RESCUE AND FIRST RESPONSE FOR EMERGENCY MEDICAL SERVICES WITH THE TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO. ONE; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services, such as those that serve the public health and welfare; and WHEREAS, Tarrant County Emergency Services District No. One (“The District”), is a special district within the meaning of the Interlocal Cooperation Act, and is therefore an entity with which the Town may contract; and WHEREAS, the Town Council has been presented a proposed Interlocal Cooperation Agreement by and between the Town of Trophy Club, Texas, and the District providing terms and conditions for certain mutual aid fire services to be provided by the Town to the District, a substantial copy of which is attached hereto as Exhibit “A” and incorporated herein by reference (hereinafter called “Agreement”); and WHEREAS, upon full review and consideration of the Agreement and of this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the execution of the Agreement serves a valid public purpose, that all funds necessary to pay for the services shall be paid out of current revenue legally available to the parties to the Agreement and shall not exceed the amount budgeted therefore in the current fiscal year budget, that the terms and conditions of the Agreement should be approved, and that the Mayor or his designee should be authorized to execute the Agreement on behalf of the Town of Trophy Club. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: Section 1. The Town Council of the Town of Trophy Club, Texas (the “Town”) does hereby approve and agree to enter into an agreement with the Tarrant County Emergency Services District No. One. A true and correct copy of the said agreement is attached hereto and incorporated herein as Exhibit “A”. 67 Section 2. The Mayor and the Town of Trophy Club is hereby authorized, empowered and directed to execute the said Agreement on behalf of the Town of Trophy Club. Section 3. This Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 21 day of November, 2005. ______________________________ Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ______________________________________ Town Attorney Town of Trophy Club, Texas 68 69 70 71 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.D.13 Consent Agenda: Discuss and take appropriate action regarding a Resolution authorizing the Town Manager or their designee to serve as the Town’s representative for the Cities Aggregate Power Project (CAPP). EXPLANATION: This resolution will designate the position of Town Manager or their designee as the CAPP representative for the Town, replacing a previous employee, Paul Rosenberger that was designated by name. RECOMMENDATION: Staff recommends approval ACTION BY COUNCIL: (bg) Attachments: 1. Resolution 72 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2005- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2001-13 WHICH APPROVED TOWN PARTICIPATION IN THE CITIES AGGREGATION POWER PROJECT, INC. (“CAPP”), AND DESIGNATED A REPRESENTATIVE BY ADOPTING THIS AMENDING RESOLUTION PROVIDING FOR THE APPOINTMENT OF A NEW REPRESENTATIVE TO SERVE AS THE TOWN’S REPRESENTATIVE TO CAPP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 21, 2001, the Town Council approved Resolution No. 2001-13 which authorized the Town to become a member of the Cities Aggregation Power Project, Inc. (“CAPP”), approved the Articles of Incorporation and Bylaws of CAPP, and designated a former Town staff member to serve as the Town’s representative to the corporation; and WHEREAS, CAPP has participated in numerous rate proceedings and rule-makings, has investigated the impacts of electric deregulation, and has maximized opportunities for cost savings for the Town and all of its member cities in matters related to electricity and other utilities issues; and WHEREAS, the Town desires to continue its participation in CAPP and to name the Town Manager or his or her designee to serve as the Town’s representative to the corporation and to act on the Town’s behalf. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. Section 2. The provisions contained in Resolution No. 2001-13 that are inconsistent with this Resolution are hereby repealed. Section 3. The Town of Trophy Club, Texas, hereby appoints the Town Manager, or his/her designee, to serve as the Town’s representative to the corporation and to act on the Town’s behalf. Section 4. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 21st day of November, 2005. 73 ___________________________________ Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas 74 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act and for Consultation with the Town 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 (§551.071 (b)). (1) Retirement of Town Manager Donna Welsh, the filling of the Town Manager vacancy, the appointment of an Interim Town Manager, and any related reassignment or duty changes for Finance Department personnel. 75 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.E.2 Discuss and take appropriate action to fill the Town Manager vacancy resulting from the retirement of Donna Welsh, appointment of Interim Town Manager, and staffing changes related to existing shared Finance Director and any related reassignment or duty changes for Finance Department personnel. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: None 76 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 11-21-2005 Subject: Agenda Item No.F.1 Adjourn. 77