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Agenda Packet TC 12/17/2007Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, December 17, 2007 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 state under God, one and indivisible." A.4 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. A.5 Presentation by Captain Cimato regarding our soldiers in Iraq. B.1 Discuss and take appropriate action regarding a Proclamation recognizing Arbor Day, April 13, 2007. B.2 Discuss and take appropriate action to approve the new version of the Town's Emergency Management Plan. B.3 Discuss and take appropriate action regarding an interlocal agreement between the Town and Denton County to provide for County collection of PID Assessments for Town of Trophy Club Public Improvement District No. 1 (The Highlands of Trophy Club Project). B.4 Discuss and take appropriate action regarding Amending to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. B.5 Discuss and take appropriate action to approve Minutes dated, November 30, 2007. B.6 Discuss and take appropriate action regarding the potential retention of The Management Connection for Council development and training services. 2 B.7 Discuss and take appropriate action regarding employees who report directly to the Town Council and the following: A. Discuss and provide input on methods in which to improve and enhance communication between employees who report directly to Town Council and Town Council. B. Discuss and take appropriate action with regards to reviewing and/or amending job descriptions of the Town Manager, Town Attorney and Town Secretary. B.8 Discuss and receive input regarding the 2007 Citizen of the Year and Founder's Day Celebration. B.9 Items for Future Agenda. B.10 Town Manager Emmons to designate an Acting Town Manager. B.11 Reports. 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. A. Town Manager's Report. B. Report from EDC 4B Liaison, Council member Sterling. C.1 Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will remain in Executive Session, unless the employee who is the subject of the personnel matter elects an open meeting, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: (1) Duties, goals and objectives of Town Secretary, Lisa Ramsey. (2) Terms of contingent employment separation agreement with Lisa Ramsey. D.1 Discuss and take appropriate action relative to Executive Session Item Number C1. D.2 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 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 state under God, one and indivisible." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.A.4 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. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.A.5 Presentation by Captain Cimato regarding our soldiers in Iraq. 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.1 Discuss and take appropriate action regarding a Proclamation recognizing Arbor Day, April 13, 2007. EXPLANATION: This is an annual event that was held on April 13, 2007. (aa) Attachments: 1.Proclamation 9 TOWN OF TROPHY CLUB PROCLAMATION NO. 2007- ARBOR DAY A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, TO RECOGNIZE APRIL 13TH, 2007 AS ARBOR DAY; RECOGNIZING THAT 2007 IS THE 135th ANNIVERSARY OF THE HOLIDAY OF ARBOR DAY; AND PROVIDING AN EFFECTIVE DATE. Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Whereas, 2007 is the 135th anniversary of the holiday and Arbor Day is now observed throughout the nation and the world, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. In the Town of Trophy Club, and the Mayor and Council urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Section 2. The Mayor and Council urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. That this Proclamation shall become effective from and after its date of passage in accordance with law. __________________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas 10 ATTEST: [SEAL] __________________________________________ Town Secretary Town of Trophy Club, Texas 11 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.2 Discuss and take appropriate action to approve the new version of the Town's Emergency Management Plan. EXPLANATION: The current plan the Town is operating under is the Denton County Emergency Management Plan. Over the past year staff has diligently readdressed all annexes and filed with the State for the Town’s Emergency Management Plan. (dt) 12 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.3 Discuss and take appropriate action regarding an Interlocal agreement between the Town and Denton County to provide for County collection of PID Assessments for Town of Trophy Club Public Improvement District No. 1 (The Highlands of Trophy Club Project). Explanation: The Town currently has a contract with Denton County for the collection of taxes. This contract authorizes Denton County to collect the PID assessments. Staff and Municipal have been working with the County and the County’s software provider to finalize the terms of the agreement. As of the date of the agenda, there are still a few items to be worked out, and those are highlighted in yellow for your information. Attachments: A. Contract 13 INTERLOCAL COOPERATION AGREEMENT – PID ASSESSMENTS THIS AGREEMENT is made and entered into this ___ day of __________, 200_, by and between Denton County, Texas, a political subdivision of the State of Texas (“COUNTY”) and MUNICIPALITY of Trophy Club, Texas, a home rule municipal corporation organized and existing under the laws of the State of Texas (“MUNICIPALITY”). WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of Tex. Gov’t Code Ann. Ch. 791, the Interlocal Cooperation Act, and Tex. Tax Code Ann. § 6.24; and WHEREAS, MUNICIPALITY has the authority to contract with COUNTY for COUNTY to act as tax assessor and collector for MUNICIPALITY, and COUNTY has the authority to so act; and WHEREAS, COUNTY and MUNICIPALITY entered into an Interlocal Cooperation Agreement – Tax Collection on or about May 21, 2007 (hereinafter “Tax Collection Agreement”); and WHEREAS, Subsequent to the execution of the Tax Collection Agreement, MUNICIPALITY consented to the formation of the Trophy Club Public Improvement District No. 1 within its corporate boundaries (hereinafter “PID”); and WHEREAS, MUNICIPALITY has levied assessments against the property located within the boundaries of the PID in accordance with Chapter 372 of the Texas Local Government Code, as amended; and 14 WHEREAS, MUNICIPALITY and COUNTY desire to enter into this Agreement in order to obtain the services of COUNTY in collecting PID Assessments, as defined herein, due from those property owners living within the PID boundaries in accordance with terms as more fully set forth herein in this Agreement (hereinafter “Agreement”); and NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and agreements contained herein, COUNTY and MUNICIPALITY agree as follows: SECTION I. DEFINITIONS Capitalized terms used herein shall have the meanings ascribed to them as follows: 1.01 “Parcel” means a parcel identified by either a tax map identification number assigned by the Denton County Appraisal District for real property tax purposes or by lot and block number in a final subdivision plat recorded in the real property records of Denton County. 1.02 “Party” and “Parties” means COUNTY or MUNICIPALITY, individually or collectively. 1.03 “PID” means Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club). 1.04 “PID Act” means Texas Local Government Code Chapter 372, Improvement Districts in Municipalities and Counties, Subchapter A, Public Improvement Districts, as amended. 15 1.05 “PID Assessments” means the assessments levied against a Parcel imposed pursuant to the PID Assessment Ordinance and the PID Authorized Services Ordinance, as well as the attached PID Service and Assessment Plans, as shown on the PID Assessment Rolls. 1.06 “PID Assessment Ordinance” means Ordinance No. 2007-29, which was adopted, passed, and approved by MUNICIPALITY’s governing body on November 5, 2007 and any and all subsequent amendments thereto, including without limitation Ordinance No. 2007- ___ approved by MUNICIPALITY’S governing body on December 13, 2007. 1.07 “PID Assessment Rolls” means the documents included in the PID Service and Assessment Plans, as updated, modified, or amended from time to time in accordance with the procedures set forth in the PID Service and Assessment Plans and the PID Act. 1.08 “PID Authorized Services Ordinance” means Ordinance No. 2007-23, which was adopted, passed, and approved by MUNICIPALITY’s governing body on September 24, 2007. 1.09 “PID Service and Assessment Plans” means the plan(s) prepared pursuant to Sections 372.013, 372.014, 372.015, and 372.106 of the PID Act and adopted by MUNICIPALITY’s governing body. SECTION II. TERM / TERMINATION 2.01 The effective date of this Agreement shall be the ___ day of __________, 200_. The term of this Agreement shall be for a period of one year, from 16 _____________, 200_, to and through ____________, 200_. This Agreement shall be automatically renewed for an additional one year term at the discretion of COUNTY and MUNICIPALITY, unless written notice of termination is provided by the terminating Party to the other Party prior to one hundred fifty (150) days of the expiration date of the initial term of this Agreement. 2.02 In addition to written notice provided prior to automatic annual renewal, as set forth in Paragraph 2.01, the Parties may terminate this Agreement at any time by mutual agreement set forth in writing, signed by the Parties, and authorized by the Parties’ respective governing bodies. In the event of termination, the withdrawing Party shall be obligated to make such payments as are required by this Agreement through the balance of the PID Assessment year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement during such period. SECTION III. SERVICES AND CONSIDERATION For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for MUNICIPALITY to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 3.01 COUNTY, by and through its duly elected County Tax Assessor/Collector, shall serve as the tax assessor/collector for MUNICIPALITY for the PID Assessments for each year for the duration of this Agreement. COUNTY agrees to perform all necessary collecting duties for MUNICIPALITY and MUNICIPALITY does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to collect 17 the PID Assessments. COUNTY agrees to collect the PID Assessments, penalties, interest, and all other amounts that are collected or actions that are taken under COUNTY’s procedures for ad valorem taxes. 3.02 COUNTY agrees to prepare and mail all necessary PID Assessment statements, provide monthly collection reports to MUNICIPALITY, develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. 3.03 COUNTY understands that the PID Act allows the PID Assessments to be paid in full at any time. If any PID Assessment is not paid in full, COUNTY will collect it in an annual installment each year in the amount shown on the PID Assessment Roll, which includes interest on the outstanding PID Assessments and annual collection costs, as defined in the PID Service and Assessment Plans. 3.04 COUNTY shall commence collection of the PID Assessments with tax bills that are mailed in 2008, unless otherwise notified by MUNICIPALITY that the PID Service and Assessment Plans and the PID Assessment Rolls have terminated. COUNTY understands that the PID Assessment Rolls will be updated annually. MUNICIPALITY shall provide COUNTY with the updated PID Assessment Rolls no later than ____________ of each year. 3.05 COUNTY agrees to collect the annual installments of the PID Assessments, on behalf of MUNICIPALITY, in the same manner and at the same time as ad valorem taxes, and to apply the same penalties and procedures in case of delinquencies as are applied to ad valorem taxes. 18 3.06 COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of COUNTY Tax Office to MUNICIPALITY, and to promptly furnish written reports to keep MUNICIPALITY informed of all financial information affecting it. 3.07 MUNICIPALITY agrees to promptly deliver to COUNTY all records that it has accumulated and developed regarding the PID Assessments, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 3.08 COUNTY agrees to allow an audit of the PID Assessment records in COUNTY’s possession during normal working hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by MUNICIPALITY. A copy of any and all such audits shall be furnished to COUNTY. 3.09 If required by MUNICIPALITY, COUNTY agrees to obtain a surety bond for COUNTY Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the Tax Assessor/Collector’s lawful duties, will be made payable to MUNICIPALITY, and will be in an amount determined by the governing body of MUNICIPALITY. The premium for any such bond shall be borne solely by MUNICIPALITY. 3.10 COUNTY agrees that it will fax, mail, or post to a secure website collection reports to MUNICIPALITY listing current PID Assessments, delinquent PID Assessments, penalties, and interest on a weekly basis. 19 3.11 MUNICIPALITY retains its right to select its own delinquent tax collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by MUNICIPALITY in the collection of delinquent PID Assessments and related activities. SECTION IV. RIGHTS AND DUTIES OF THE PARTIES 4.01 COUNTY hereby designates the Denton County Tax Assessor/Collector to act on behalf of COUNTY Tax Office and to serve as liaison for COUNTY with MUNICIPALITY. COUNTY Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY, shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement, and shall provide immediate and direct supervision of COUNTY Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms, and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. 4.02 MUNICIPALITY hereby designates the Director of Finance or his or her designee to act on behalf of MUNICIPALITY and to serve as liaison for MUNICIPALITY to ensure the performance of all duties and obligations of MUNICIPALITY as stated in this Agreement. MUNICIPALITY’s designee shall devote sufficient time and attention to the execution of such duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement, shall provide immediate and direct supervision of MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers, if 20 any, in the furtherance of the purposes, terms, and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. 4.03 COUNTY accepts responsibility for the acts, negligence, and/or omissions related to the PID Assessments of all County employees, agents, subcontractors, and/or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. 4.04 MUNICIPALITY accepts responsibility for the acts, negligence, and/or omissions of all MUNICIPALITY employees, agents, subcontractors, and/or contract laborers, and for those actions of other persons doing work under a contract or agreement with MUNICIPALITY to the extent allowed by law. 4.05 MUNICIPALITY understands and agrees that MUNICIPALITY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. 4.06 MUNICIPALITY agrees to pay COUNTY for the services set forth in this Agreement a fee to be stated in the annual budget prepared by COUNTY Tax Assessor/Collector and approved by MUNICIPALITY. The amount of the fee shall be derived from the actual cost of collections and shall not exceed _____ per Parcel basis, unless otherwise agreed by the Parties in writing. 4.07 COUNTY agrees to remit all PID Assessments, penalties, and interest collected on MUNICIPALITY’s behalf and to deposit such funds into MUNICIPALITY’s 21 depositories, as designated by MUNICIPALITY, in writing, at the time MUNICIPALITY provides the updated PID Assessment Rolls. 4.08 This Agreement represents the entire agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both MUNICIPALITY and COUNTY or those authorized to sign on behalf of those governing bodies. 4.09 Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 940-349-2820 MUNICIPALITY: Town of Trophy Club, Texas 100 Municipal Drive Trophy Club, Texas 76262 682-831-4600 Attn: Director of Finance 4.10 In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties that the remaining portions shall remain valid and in full force and effect to the extent possible. 4.11 The undersigned officers and/or agents of the Parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. Each Party hereby certifies to the other than any resolutions 22 necessary for this Agreement have been duly passed and are now in full force and effect. 4.12 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue shall lie exclusively in Denton County. Executed in duplicate originals this _________ day of _____________, 200_. COUNTY MUNICIPALITY Denton County Town of Trophy Club 110 West Hickory 100 Municipal Drive Denton, Texas 76201 Trophy Club, Texas 76262 BY: ______________________ BY: _______________________ Denton County Judge Mayor ATTEST: ATTEST: BY:_______________________ BY:________________________ APPROVED AS TO FORM AND CONTENT: APPROVED AS TO FORM: _________________________________ __________________________ Steve Mossman Town Attorney Denton County Tax Assessor/Collector 23 APPROVED AS TO FORM: __________________________ Denton County Attorney 24 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.4 Discuss and take appropriate action regarding Amending to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. EXPLANATION: The following input was provided by Council at their August 20, 2007 meeting: D.8 Discuss and receive input relative to potential amendments to Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. Town Manager Emmons introduced the item requesting Council’s input and direction in order to formulate the changes. Mayor Pro Tem Edstrom would like to limit the number of signs in any given yard to the number of open seats or candidate positions. Council discussed the right of way and Town Manager Emmons explained section 5 has an exemption for temporary signs. No action taken only input. Attachments: 1. Redlined Ordinance 25 TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2007- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, ENTITLED “GENERAL LAND USE”, ARTICLE IV, ENTITLED “SIGN REGULATIONS”, BY AMENDING SECTION “SECTION 4.05(B)(2)” “TEMPORARY SIGNS;” PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2007-10 was adopted on March 5, 2007 revising the Number, Size and Placement for political signs located on non-residential or unplatted property as a benefit to the Town by promoting an aesthetically refined community for the citizens of Trophy Club and by protecting the integrity and character of neighborhoods; and WHEREAS, the Town Council hereby finds that the amendment of Section 4.05(B)(2) of Article IV, Chapter 5, of the Code of Ordinances as further specified herein serves the best interests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article IV entitled “Sign Regulations” of Chapter 5, entitled “General Land Use” of the Code of Ordinances of the Town is hereby amended to revise Section 4.05(B)(2), entitled “Temporary Signs ” so that 4.05(B)(2) is hereby revised as follows: 2. Number, Size and Placement: A political sign shall not exceed thirty-six (36) square feet in area nor exceed eight feet (8’) in height, as measured from the ground. A political 26 sign may not be illuminated or have any moving elements. No more than one (1) of such signs for each political candidate or issue on the election ballot shall be erected on any residentially zoned parcel of land. The front and back surface of a political sign shall constitute one sign. For signs with three or more surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three or more surfaces are prohibited on residentially zoned parcels of land. Only one sign is allowed For signs located on non-residential or unplatted property, the minimum distance between single or multisided signs for each political candidate or issue on the election ballot. shall be one hundred feet (100’). SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Sign Regulations and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand 27 Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 17th day of December, 2007. _______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] _______________________________ Town Attorney Town of Trophy Club, Texas 28 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.5 Discuss and take appropriate action to approve Minutes dated, November 30, 2007. EXPLANATION: Council member Sterling was absent from this meeting. (lmr) Attachments: 1. Minutes dated November 30, 2007. 29 MINUTES OF SPECIAL TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Friday, November 30, 2007 5:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Friday, November 30, 2007. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Pam Cates Council Member Jim Moss Council Member Kathleen Wilson Council Member TOWN COUNCIL MEMBERS ABSENT: Philip Sterling Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Shannon DePrater Deputy Town Secretary Patricia Adams Town Attorney Mike Pastor IS Director A.1 Mayor Sanders called the Special Session to order at 5:00 p.m. noting a quorum was present. A.2 Discuss and take appropriate action regarding a Resolution concerning the amendment of the Service and Assessment Plan for The Town of Trophy Club Public Improvement District No. 1 adopted by Ordinance 2007-29; setting a date for a public hearing; authorizing the publication of notice; and enacting other provisions relating thereto Motion made by Edstrom; seconded by Cates to approve. 30 Town Manager Emmons said the meeting is scheduled for December 13th at 7:00 PM in the Public Service Conference room. The Resolution is to approve the amendments to the Service and Assessment Plan (SAP) which Council passed on May 7, 2007. The amendments are needed as the original SAP had a 6.25% interest rate, with a 7.25% cap for fluctuation. Because the market has increased the cap needs to be adjusted to 8.00% with the assessment bond sale calculated at a 7.25%. The project list will remain the same. Motion passed unanimously without further discussion. Council member Cates requested the December 17th Agenda include a presentation by Captain Climato. A.3 Adjourn. Motion made by Edstrom, seconded by Cates to adjourn. Motion passed unanimously without any discussion. Meeting adjourned at 5:10 p.m. ___________________________ __________________________ Lisa Ramsey, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 31 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.6 Discuss and take appropriate action regarding the potential retention of The Management Connection for Council development and training services. EXPLANATION: Pending Council’s approval, staff recommends the following items be discussed during the work session and a full report be generated upon the session’s conclusion. Discuss and take appropriate action regarding employees who report directly to the Town Council and the following: A. Discuss and provide input on methods in which to improve and enhance communication between employees who report directly to Town Council and Town Council. B. Discuss and take appropriate action with regards to reviewing and/or amending job descriptions of the Town Manager, Town Attorney and Town Secretary. (bse) Attachments: 1. TMC Introduction Letter 2. TMC references 32 33 34 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.7 Discuss and take appropriate action regarding employees who report directly to the Town Council and the following: A. Discuss and provide input on methods in which to improve and enhance communication between employees who report directly to Town Council and Town Council. B. Discuss and take appropriate action with regards to reviewing and/or amending job descriptions of the Town Manager, Town Attorney and Town Secretary. EXPLANATION: Council began their discussion on this item at the December 3rd meeting and agreed upon the following: A. Discuss and take appropriate action with regards to implementing a standardized periodic evaluation process of the Town Manager, Town Attorney and Town Secretary by the Town Council. Council would like to conduct the evaluations in March or April, staff to provide the evaluation process/forms and templates from other cities to Council. Template evaluation forms were forwarded to Council on December 5th. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Town Manager Job Description 2. Town Attorney Job Description 3. Town Secretary/HR Job Description 35 JOB DESCRIPTION Position: TOWN MANAGER Reports To: Town Council Supervisory Pay Grade: 43 Exempt Job Summary: Acts as Chief Executive and Administrative Officer of the local government. Responsible to the Town Council for the proper administration of all the Town’s affairs assigned the manager by charter, ordinance or directive. Managing the activities of all Town departments and offices and rendering direct assistance to the Mayor and Council in the planning, organization, and administration of all municipal government functions. Coordinates with the Municipal Utility District Manager on functions financed with MUD Funds. Minimum Requirements: • Bachelor’s Degree in Public Administration, Business Administration or related field Master’s Degree Preferred • Must have previous experience as an Assistant Town or Town Manger • Ability to use a variety of computer software; including Microsoft Word/Excel • Or Any Equivalent Combination of Education and Experience that Provides the Required Knowledge, Skills, and Abilities • Valid Texas Motor Vehicle Class C Operator's License Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties performed within the job. • Reports directly to the Town Council • Assists the Mayor and Council in advising and furnishing leadership to civic organizations dealing with specific items affecting the Town’s welfare • Oversees, coordinates, and manages the activities of all Town departments and offices in carrying out the requirements of ordinances, laws, rules and regulations, and the policies of the Town Council • Reports regularly to the Mayor concerning the status of projects and functions of the various Town departments and offices • Advises and assists the Mayor and Town Council in the formulation and establishment of administrative policies for operation of Town government departments and offices, as well as developing policy related to the general future direction of Town government • Reports to and advises the Mayor, and Town Council as appropriate, on immediate as well as emerging municipal problems • Represents the Town/MUD to the public by attending various civic and business meetings on behalf of the Town, as the Mayor may direct • Directs the preparation of the Council agenda furnishing pertinent documents, reports and briefings as needed • Seeks out funding sources and prepares and processes grant applications in the furtherance of municipal planning goals • Prepares and administers department budget and administers overall Town annual budget 36 • Responsible for Town’s selection, evaluation, training, and termination of management and administrative staff • Negotiates and oversees Town contracts • Acts as the MUD Manager in that person’s absence • Communicates with residents, including answering questions and providing information • Other duties as assigned Work Environment: Office environment; sustained posture in a seated position. Attendance at night meetings is required. Some travel to offsite locations may be required. Must be able to perform essential functions of the job. This position also requires good listening skills and occasional lifting of 50 pounds. The position of Town Manager subjects the incumbent to the continual stress of accommodating competing demands and meeting deadlines. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ _____________________ Employee Signature Date 37 JOB DESCRIPTION Position: TOWN ATTORNEY Reports To: Town Manger/Town Council Supervisory Pay Grade: 40 Exempt Job Summary: The Town Attorney plans, organizes, directs and controls the provision of legal services to and for the Town; provides legal advice and guidance to the Town Council, Town Manager, and Town departments; directs the accomplishment of short-term and long range planning; implements and maintains sound organizational practices; controls costs and otherwise directs and controls all departmental functions toward achieving overall Town goals. Minimum Requirements: • Any combination equivalent to: law degree with admission to practice law in the State of Texas and five years comprehensive municipal experience in criminal and civil matters, land use, transportation and general municipal law, including increasingly responsible legal management and administrative duties • Member in good standing of the Texas State Bar • Knowledge and the principles of municipal law, including drafting ordinances and resolutions • Experience with prosecution of misdemeanor offenses • Excellent knowledge of municipal law, including land use and environmental law, labor and employment and contracts • Must have excellent analytical and writing skills • Excellent verbal and written communication skills • Valid Texas Motor Vehicle Class C Operator's License Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties performed within the job. • Provides ongoing legal advice to the Town Manager and departments of the Town through direct consultation and written legal opinions • Resolves legal questions, which arise during the development and implementation of Town projects and programs • Analyzes legal trends in order to present alternatives to Town Manager, Town Council and various Town departments concerning major issues facing the Town • Attends meetings of the Town Council, and other meetings as necessary • Gives legal opinions and advice as questions are raised at Council and Commission meetings attended • Represents the Town in civil actions where the Town is a party in state and federal courts and before administrative agencies 38 • Provides policy direction and technical advice to the Planning and Zoning coordinator to ensure the proper and effective handling of that individual's work • Supervises and reviews the preparation of ordinances, regulations, contracts, and other legal documents ensuring compliance with local, state and federal law and adequate legal protection of the Town • Organizes and directs the activities of the Town Attorney's office in a manner that optimizes the use of human and financial resources • Coordinates the activities of the Town Attorney's office with those of other departments to ensure effective action • Furnishes legal advice to the Town Council, Town Manager, and departments of the Town, plus various boards and commissions • Represents the Town in proceedings before local district court, superior court, appellate courts, and before administrative agencies • Organizes and directs the activities of the Town Attorney's office • Other related duties as assigned by the Town Manager Work Environment: Work is performed in office settings with regular hours from 8:00 a.m. to 5:00 p.m. Attendance at night meetings is required. Some travel to off site locations may be required. Must be able to perform essential functions of the job. This position also requires good listening and speaking skills. Exposure to computer screens, sitting for prolonged periods of time, walking, standing, stooping, bending, kneeling, and lifting up to 50 pounds. Need manual dexterity and visual acuity. Work performed requires periods of intense concentration over extended period of time with frequent interruptions for questions and advice. Stress associated with competing priorities and time deadlines is occasionally an element of the position and must be recognized and successfully managed. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ _____________________ Employee Signature Date 39 JOB DESCRIPTION Position: TOWN SECRETARY Reports To: Town Manager-Town Council Supervisory Pay Grade: 32 Exempt Job Summary: Under the direction of the Town Manager performs the administrative duties of the Town Secretary as set forth by the Town Charter. With an ability to exercise professional judgment and initiative, coordinate and conduct Town Council and Special Measure/Initiative elections, keep the minutes of al Council meetings, publish legal notices and performs other duties as may be required by Council, the Town Manager or the laws of the State of Texas. Minimum Requirements: • High School Graduation • Two Years of College or Business School Preferred • 4 Years Responsible Municipal Administrative Experience • 1-Year Supervisory Experience • Texas Municipal Clerk Certification or Ability to Obtain Certification within a 3-Year Period • Or Any Equivalent Combination of Education and Experience that Provides the Required Knowledge, Skills, and Abilities • Computer/Microsoft Word/Excel Software Experience • Customer Service Experience • Knowledge of the Open Records Act and Records Retention Schedules • Valid Texas Motor Vehicle Class C Operator's License Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties performed within the job. • Knowledge of the Town Charter and Town Codes relating to elections, annexations, and all activities of the Administration Department • Prepares and post Town Council agenda packets, including coordinating and reviewing agenda material, finalizing agendas and overseeing distribution of the packet • Attend Town Council meetings and record the minutes of all official meetings • Performs follow through on items acted upon by the Town Council, including composing and preparing correspondence and advising various individuals of Town Council actions, including transcribing and distributing minutes, ensuring that resolutions and ordinances are in proper format and notarized, tracking committee and commission actions and preparing letters of acceptance or rejection, including electronically • Hold and maintain the Town Seal and affix to all instruments requiring such seal • Provides Notary Public services for City legal requirements, residents, staff and the general public • Acts as custodian of public records, including preserving and maintaining documents such as contracts, ordinances, and resolutions • Performs various administrative duties, including preparing and publishing public hearing notices and preparing correspondence with Mayor and Council members • Establish relationships and work cooperatively with Town officials, employees, and communicates with and answers questions for the general public • Acts as elections administrator to ensure all legal requirements are met, including; coordination of all aspects of the Towns General and Special Elections, assisting in the determination of viable 40 candidates, preparing and maintaining candidate files, posting legal notices, and monitoring the tallying of votes • Acts as media contact for Town issues • Supervises front desk, and administrative personnel, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions • Assists front desk personnel with callers and visitors • Effectively represent the Town in contacts with governmental agencies, community groups and various professional, educational, regulatory and legislative organizations • Acts as archivist for the Trophy Club Clock Tower Time Capsule • Attends meetings, seminars, and training classes for professional advancement • Other duties as assigned Work Environment: Office and travel in climate controlled environment with minimal exposure to inclement weather. Regular work hours of 8:00 a.m. to 5:00 p.m. including evenings and weekends. Exposure to computer screens, sitting for prolonged periods of time, walking, standing, stooping, bending, kneeling, and lifting up to 35 pounds. Need manual dexterity and visual acuity. Must be able to operate assigned equipment and vehicle and to adhere to all safety guidelines. Work is performed in an office and requires periods of intense concentration over extended period of time with frequent interruptions for questions and advice. Stress associated with competing priorities and time deadlines is occasionally an element of the position and must be recognized and successfully managed. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ _____________________ Employee Signature Date 41 JOB DESCRIPTION Position: Human Resources Manager Reports To: Town Manager Supervisory Pay Grade: 26 Non-Exempt Job Summary: Plans, organizes and directs a variety of complex administrative, technical and professional work of the human resources functions of the Town. Provides leadership to the Town in designing systems and developing policies for organizational effectiveness and employee satisfaction, including compensation and benefit systems, classification structures, recruitment, employee development and training, performance management, policy administration/compliance, and labor/employee relations. Performs a variety of routine and complex administrative, technical and professional work to manage and administer the Town's benefits programs including medical, dental, vision, life and disability insurance. Minimum Requirements: • Bachelor's degree in human resources, public administration, or related experience • Two or more years of professional related experience in a human resources discipline (Staffing, Employee Relations, Compensation, Benefits, Labor Relations, Human Resource Communications, Performance Management, and Training) • Certification as Professional in Human Resources (PHR) preferred or the ability to obtain • Knowledge of or the Ability to Learn the Requirements of the Open Records Act • Strong Organizational, Customer Service and Clerical Skills including Microsoft Word/Excel Software • An Equivalent Combination of Education and Experience that Provides the Required Knowledge, Skills, and Abilities • Valid Texas Motor Vehicle Class C Operator's License Major Duties and Responsibilities: Job duties and responsibilities are not intended to reflect all duties performed within the job. • Accountable for the development and implementation of major personnel programs and for advising the Town Manager and Department Directors/Managers on matters pertaining to effective personnel management • Provides confidential assistance in labor negotiation collects and compiles salary and other data from and for other government resources as requested. Consults with Town Attorney as needed • Provide guidance to managers, supervisors and employees on various human resources issues such as career development, corrective action, performance management, policy and procedures, contract interpretation compliance requirements • Provides advice and policy interpretation to staff regarding personnel issues; develops, recommends and implements approved procedures, policies, and methods to improve personnel services and management practices and procedures • Maintains performance evaluation monitoring system; monitors accuracy of salary increase recommendations • Performs comparative analysis to ensure salaries and benefits consistent with market rates. Conduct reclassifications, analyze questionnaires and compose job descriptions 42 • Maintains employee database and employee rosters; prepares periodic and special reports as needed; implements and maintains human resources information system • Administers various benefits programs, including health insurance and workers’ compensation. Coordinate Cobra program; assure compliance with Federal regulation • Maintain awareness of emerging human resources trends and issues by subscriptions to SHRM and with participation in NTMA (North TX Municipal Alliance) • Performs recruitment functions, including advertising, pre-employment screenings, pre- employment physicals, schedules interviews. • Prepares letters of hire, processes new employee paperwork within established time lines and maintains accurate personnel records to assure compliance with mandated regulations and administrative procedures • Provides orientation, training and background materials for new employees; conducts employee orientation, provides overview of benefit package; redesigns materials and makes recommendations to revise orientation packet and program • Assist with promotion, retention and separation of employees to ensure compliance with federal and state laws • Assists active employees who have questions about their benefit packages and various insurance claims; troubleshoots problems; serve as interface between employee and vendors when required • Maintains official personnel records and medical records in accordance with confidentiality requirements of federal and state regulations • Process Open Records Requests for personnel information in compliance with state and federal laws • Perform legal and factual research for Human Resources Issues • Other duties as assigned Work Environment: Office in climate controlled environment with minimal exposure to inclement weather. Regular work hours of 8:00 a.m. to 5:00 p.m. including some evenings and weekends. Exposure to computer screens, sitting for prolonged periods of time, walking, standing, stooping, bending, kneeling, and lifting up to 35 pounds. Need manual dexterity and visual acuity. Must be able to operate assigned equipment and vehicle and to adhere to all safety guidelines. Work is performed in an office and requires periods of intense concentration over extended period of time with frequent interruptions for questions and advice. Stress associated with competing priorities and time deadlines is occasionally an element of the position and must be recognized and successfully managed. THE TOWN RESERVES THE RIGHT TO CHANGE OR REVISE JOB DUTIES AND RESPONSIBILITIES AS THE NEED ARISES. THIS JOB DESCRIPTION DOES NOT CONSTITUTE A WRITTEN OR IMPLIED CONTRACT OF EMPLOYMENT. ________________________________________ _____________________ Employee Signature Date 43 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.8 Discuss and receive input regarding the 2007 Citizen of the Year and Founder's Day Celebration. EXPLANATION: Last year applications were accepted for a period of two weeks and the Citizen of the Year Board was comprised of Town Manager Emmons, Fire Chief Danny Thomas, Town Secretary Lisa Ramsey, 2005 Recipient, Jackie Stephens and 2004, Bob Downey. Founders Day was held on Monday, January 8, 2006 and the Town had a fairly decent turnout. RECOMMENDATION: Staff is asking Council for input on how the Citizen of the Year Board should be comprised and if Council would like to have the Founder’s Day reception in conjunction of a Council meeting and award of the 2007 Citizen of the Year. (bse) Attachments: 1. 2006 Citizen of the Year Form 44 Citizen of the Year Nomination Form The Town of Trophy Club values the contributions its citizens make to enrich the quality of life in our community. The Citizen of the Year Recognition helps showcase the people who make Trophy Club unique and provides formal acknowledgment of deserving individuals. The deadline for nominations is December 13, 2006 for individual contributions in the community (in any mode that serves the residents; i.e., Town government, sports, schools, church, scouting, etc.). The nomination criteria is as follows: • Nominee must be a Trophy Club resident. • Residents serving in elected positions are not eligible for nominations. • Staff members are not eligible for nominations. • Recognition should be for service performed during 2006. • Nominations must be submitted to Lisa Ramsey, by email at lramsey@ci.trophyclub.tx.us, fax - 817-491- 9312, or mailed to 100 Municipal Drive. • Nominations must be received by December 13, 2006 Nomination information shall include: • A one-page explanation attached to this form outlining the following: • How he/she went “above and beyond” in their community • Specific benefits as a result of their endeavors; individuals or groups • Testimonials from others • Name, Address and Phone Number of Nominee • Name, Address and Phone Number of Nominator The Citizen of the Year Board will chose the Recipient: Members of the Board will be chosen by the Town Manager. Citizen of the Year recipients from the two previous years will also be welcomed to serve on this Board. Nominee: Nominated by: Date of Nomination: Reason for nomination: 45 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.9 Items for Future Agenda. Items for Future Agendas: 1. Review of the Property Maintenance Ordinance. Council member Cates 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. Mayor Sanders - Council member Cates 4. Research grant possibilities regarding phase two street calming/sidewalks. Mayor Pro Tem Edstrom 5. Discuss and receive input regarding an Ordinance amending Section 4.05(B)(2) of Article IV, Chapter 5 of the Code of Ordinances relating to number, size and placement of political signs. 6. Discuss and take appropriate action regarding an Ordinance for the Indemnification of Officers as it relates to section 3.21 of the Town Charter. 46 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.10 Town Manager Emmons to designate an Acting Town Manager. (bse) Attachments: 1. Letter to Council 47 December 17, 2007 The Honorable Nick Sanders Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Re: Acting Town Manager Designation Mayor Sanders: Please allow this letter to serve as notice that I wish to designate Stephen Seidel to serve as Acting Town Manager in compliance with Section 4.06 of the Trophy Club Town Charter. The Acting Town Manager shall perform all administrative duties normally reserved for the Town Manager during a period of absence or disability that would prevent me from performing my required duties. This designation will remain in full force until a time in which another designee is recommended to and approved by the Town Council. Thank you for your consideration in this matter. Sincerely, Brandon S. Emmons Town Manager 48 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.B.11 Reports. 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. (a) Town Manager's Report. (b) Report from EDC 4B Liaison, Council member Sterling. Attachments: 1. None 49 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.C.1 Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will remain in Executive Session, unless the employee who is the subject of the personnel matter elects an open meeting, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: (1) Duties, goals and objectives of Town Secretary, Lisa Ramsey. (2) Terms of contingent employment separation agreement with Lisa Ramsey. EXPLANATION: Draft from November 19th Minutes: Motion made by Wilson; seconded by Moss to enter into a separation agreement with Lisa Ramsey, providing a severance payment of $28,000.00. Council member Wilson confirmed her motion included all seven points agreed upon by Frank Waite and Ralph Scoggins; the second agreed. Mayor Sanders listed the seven points: 1. Resign effective November 19th and release the Town of all claims and causes of action 2. The Town would pay accrued salary to date, plus two weeks of unused accrued vacation and personal day 3. The Town would pay a total sum of $28,000 a severance in two installments, representative of five months salary 4. The Town would pay Ms. Ramsey’s medical premium under the Town’s group medical plan through May 2008, unless she becomes eligible for coverage under some other plan 5. Ramsey agreed to remain available to consult with the Town Manager through May 2008 6. The Town would provide a letter of recommendation to be placed in her employee personnel file 7. The pending grievance submitted against her would be dismissed as moot. Discussion continued. Substitute motion made by Edstrom; seconded by Moss, placing Lisa Ramsey on a six-month probationary period, before that time frame starts, she will set individual goals and objectives for review of the Council, Council will set individual goals and objectives for Lisa, at the end of that six-month probation Council will have the option to continue her employment or move forward with the termination guidelines as discussed with Council this evening. 50 Frank Waite clarified should the probationary period not be complete to the satisfaction of the Council, the terms of the separation will be as agreed by the parties, as presented and discussed during executive session. Both the mover and second agreed. Sterling amended the substitute motion for the probationary period to commence prior to the canvassing of new Council members in May 2008, seconded by Edstrom. Sterling amended the six month probationary period to five months, commencing prior to the canvassing of new Council members in May 2008. The second agreed. Amendment passed 4:1, with Wilson opposing. Substitute motion passed 4:1, with Wilson opposing. 51 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.D.1 Discuss and take appropriate action relative to Executive Session Item Number C1. 52 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-17-2007 Subject: Agenda Item No.D.2 Adjourn.