Agenda Packet TC 05/06/2009Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Wednesday, May 6, 2009
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. You may speak up to three (3) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
April 6, 2009.
B.2 Consent Agenda: Discuss and take appropriate action to approve financials and
variance report dated:
a. March 2009
C.1 Discuss and take appropriate action regarding a Proclamation declaring May 6 -
12, 2009 as National Nurses Week Celebration.
C.2 Discuss and take appropriate action regarding a Proclamation proclaiming May
10-16, 2009 as National Police Week.
C.3 Discuss and take appropriate action regarding a Proclamation declaring May
2009 as Motorcycle Safety and Awareness Month.
C.4 Update regarding Economic development; discuss and take appropriate action
regarding same.
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C.5 Discuss the standards in the Fair Campaign Practices Proclamation put forth by
Council for the May 2009 election, take appropriate action regarding same.
C.6 Discuss and take appropriate action regarding the submission of the Assistance
to Firefighters Grant (AFG).
C.7 Items for Future Agenda.
D.1 Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss
the annual evaluation of Town Manager, Brandon Emmons.
D.2 Discuss and take appropriate action relative to Executive Session Item Number
D.1.
E.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.A.2
Invocation.
The Invocation will be offered by Council member Strother.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
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."
The Pledges will be led by Mayor Sanders.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
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. You may speak up to three (3)
minutes or the time limit determined by the Mayor or presiding officer. To
speak during this item you must complete the Speaker's form that includes
the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, April 6, 2009.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Minutes dated April 6, 2009
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MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 6, 2009
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on
Monday, April 6, 2009. The meeting was held within the boundaries of the Town and
was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member
Kathleen Wilson Council Member
Jim Moss Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Brandon Emmons Town Manager
Stephen Seidel Assistant Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Adam Adams Parks Director
A.1 Mayor Sanders called to order and announced a quorum at 6:00 p.m.
TOWN COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:02 p.m.
EXECUTIVE SESSION (6:00 – 7:00 p.m.)
A.2 Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters,
regarding the annual evaluation of the Town Attorney and Section 551.071
(1) and (2) "Consultation With Attorney," in order to seek the advice of its
attorney as follows:
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A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074
(a)(1))
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals filed by MUD1 and MUD2 and Town
responses to actions taken by MUD1 and MUD2.
TOWN COUNCIL RECONVENED INTO REGULAR SESSION AT 7:12 p.m.
*REGULAR SESSION
B.1 Council member Strother offered the Invocation.
B.2 Mayor Pro Tem Sterling led the Pledges.
B.3 Citizen Presentations:
Chuck Hall, 4 Shady Oaks Court – Submitted a letter to be read into the record. Mr.
Hall requested the bushes on the median at Indian Creek and Shady Oaks be removed
as it impairs visibility and is a safety issue.
Dave Edstrom, 269 Oakhill Drive – Requested the Town Council’s help to ensure
residents have correct information so residents will understand the need to vote yes on
Proposition # 2 for the Town to assume the powers, duties, assets and obligations of
MUD 2 without any further delay.
Mayor Sanders introduced Kathy DuBose, Finance Director. Town Manager Emmons
stated that Ms. DuBose started three weeks ago and comes highly decorated with a
vast amount of financial experience.
The Council considered the Consent Agenda prior to the Annual update and
presentation by the Park Board.
B.4 Annual update and presentation by the Park Board; discuss and take
appropriate action regarding same.
Park Chair, J.D. Stotts announced a quorum of the Park Board.
Chair Stotts began the presentation by listing the current and future Park Board projects
and programs, events and operations.
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Council member Edstrom expressed her pride in the Park Board and Park Staff for all of
their hard work on Trophy Club Park.
Park member and Chair of Park Facility Sub-Committee, Larry Lentzner thanked the
Mayor and Council for the Park Board’s opportunity. Mr. Lentzer thanked the Council
for their foresight several years ago with the Park and described the amenities that will
be geared to the children.
Council member Edstrom appreciated Mr. Lentzner’s enthusiasm and commitment.
J.D. Stotts thanked all the residents who showed up to hear the presentation. Mr. Stotts
spoke about the Amenity Lakes and Trail System currently being constructed.
Council member Moss thanked the Park Board for their service and stated that he is
proud of the progression and enthusiasm.
Council member Wilson stated that the Board’s plan is something the Council needs to
hear going into the budget season. Wilson is excited about the trails, which will be a
premier amenity for the school and will be a significant attraction. The Town was built
on volunteers and she is glad to be associated with the Park Board.
Town Manager Emmons confirmed that the sign ordinance will need to be amended to
accommodate the Park Board’s suggestion on advertising.
Chair Stotts adjourned the Park Board quorum.
Motion made by Edstrom, seconded by Wilson to approve the Consent Agenda, Items
C.1 - C.11.
Motion passed unanimously without any discussion.
C.1 Consent Agenda: Discuss and take appropriate action regarding the
approval of the Subdivider's Agreement for an 11.047 acre tract of land
known as The Highlands at Trophy Club Neighborhood 2, Phase 2H.
C.2 Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving the submission of the grant application for the Byron
Nelson High School Resource Officer Program for the 2009-2010 fiscal year
and designating the Town Manager as the authorized official for the Town.
C.3 Consent Agenda: Discuss and take appropriate action regarding a
Resolution approving the submission of the grant application for the
extension of the current School Resource Officer Program for the 2009-
2010 fiscal year and designating the Town Manager as the authorized
official for the Town.
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C.4 Consent Agenda: Discuss and take appropriate action to approve an
amendment to the Bank resolution naming authorized representatives on
First Financial Bank and Texpool signature accounts.
C.5 Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. February 2009
C.6 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, January 26, 2009.
C.7 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 2, 2009 Joint Session.
C.8 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, February 2, 2009.
C.9 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 1, 2009.
C.10 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 2, 2009.
C.11 Consent Agenda: Discuss and take appropriate action to approve Minutes
dated, March 9, 2009.
End of Consent
TOWN COUNCIL RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding issues related to the May 9,
2009 election, including the voter's guide, ballot order, and candidate's
forum.
Town Manager Emmons explained the Voter’s Information Guide handed out for
Council’s reference. Emmons said that there are restrictions on how Staff explains the
guide in order not to be accused of using municipal funds to sway the public’s vote.
Council member Wilson asked if the territory under Proposition #1 could be clarified and
tagged so a voter could actually see what they are voting on.
Pearl Ford, 2 Spring Creek Court – Questioned why the document was not included in
the packet.
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Council directed Staff to print Draft copies of the Voter’s Guide. Council will send
revisions to Town Attorney Adams and Town Manager Emmons by Wednesday, April
18, 2009 at Noon. Upon review of the revisions, the updated Guide will be posted to the
website and announced in the Listserv.
Council member Strother agreed to represent the Town at the Candidate Forum
regarding the Town’s Proposition #2.
D.2 Discuss and take appropriate action regarding the acceptance of the fiscal
year audit ending September 30, 2008 for the Town of Trophy Club.
Town Manager Emmons introduced John DeBurro, Senior Manager and Shawn Parker,
Managing Partner from Weaver and Tidwell, L.L.P.
John DeBurro presented and praised the Town on receiving an unqualifying opinion. Mr.
DeBurro explained the report and their consideration of the Town’s internal controls
over financial reporting and the compliance tests with certain provisions of laws,
regulations, contracts and grants.
Council member Wilson requested that Town Manager Emmons bring forth suggestions
on how to improve the deficiencies noted in the report.
Shawn Parker, Managing Partner, said that the remaining fund balance is very healthy.
The significant deficiency noted is a common one and typical due to the law change
several years ago.
Mayor Sanders confirmed that Mr. DeBurro did not tell Town Manager Emmons
anything that was not documented in the audit.
Town Manager Emmons said the Management Discussion and Analysis is a narrative of
what is found in the Financial Statements.
Financial Highlights:
• Assets exceeded liabilities by over $35 million
• Net Assets increased by $21 million
• At year end, unreserved fund balance was $1,830, 233
Budgetary Highlights:
• Revenues - Budget was reduced by $26,000
• Expenses - All were under budget except Streets, the Street Department was
over by approximately $50k, but that was a result of the Interlocal Agreement
with Tarrant County for street repairs.
Net Positive impact of $448,073
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Motion made by Edstrom, seconded by Sterling to accept the fiscal year audit ending
September 30, 2008 for the Town of Trophy Club.
Motion passed unanimously without further discussion.
D.3 Discuss and take appropriate action regarding concerns expressed at the
March, 2009 Council meeting about Town Financials and financial
solvency, including discussion and action on a report on the budget
contingency plan and the current financial position of the Town.
No action taken, discussion only.
D.4 Discuss and take appropriate action regarding a Resolution approving the
submission of the grant application for Community Oriented Policing
(COPS) Initiative Program for the 2009-2010/ 2010-2011 and 2011-2012 fiscal
years, designating the Town Manager as the authorized official for the
Town with the authority to execute all necessary documents.
Town Manager Emmons said the grant is part of the Reinvestment Act and the grant will
fund salary and benefits at 100% for the officer. The Town will fund testing, uniforms
and equipment providing the employee remains employed with the Town for at least
four years.
Council member Edstrom said the timing is perfect considering the projected budget
presented last year communicated the need for a new officer beginning in 2010-11.
Mayor Sanders said approval of the Resolution provided Staff the authority to submit
the grant, and does not obligate the Town to accept the funds.
Motion made by Edstrom, seconded by Strother to approve a Resolution approving the
submission of the grant application for Community Oriented Policing (COPS) Initiative
Program for the 2009-2010, 2010-2011 and 2011-2012 fiscal years, designating the
Town Manager as the authorized official for the Town with the authority to execute all
necessary documents.
Council member Wilson questioned the cost. Mayor Sanders stated the cost of four
officers over a three-year period is approximately $250,000.
Mayor Pro Tem Sterling favored applying for the Grant.
Council member Strother clarified that approval only authorizes Staff to submit
application and does not obligate the Council to anything more.
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Mover and second modified the motion to change the second whereas clause from
three to four officers.
Motion passed 4:1, with Wilson abstaining.
D.5 Receive and discuss the 2008 Volunteer Citizen of the Year Committees'
recommendation, and take appropriate action as necessary.
Council member Edstrom requested Council consider deferring the item until the April
20 meeting when Council is scheduled to announce the recipients’ names. Council
member Edstrom said dealing with the item now lessens the excitement when Council
makes the actual announcement.
Citizen of the Year Committee (COYC) representatives Pearl Ford and Peggy Sweeny
addressed the Council. The COYC requested the Council to consider expanding the
Teenage Category to include a Youth Category for the eligibility for children under the
age of twelve.
The COYC discussed the categories for each nominee; agreeing that some nominees
were submitted in a category not applicable to the definition for that category.
The COYC also requested Council provide direction to the Committee’s obligation to
recommend a recipient in a particular category, should the nominees not meet the
criteria for the category they were nominated.
Mayor Pro Tem Sterling suggested that the category be left blank on the nomination
form, leaving the Committee to designate the category.
Motion made by Moss, seconded by Sterling to receive 2008 Volunteer Citizen of the
Year Committees' recommendation.
Motion passed 4:1, with Wilson abstaining.
D.6 Discuss and take appropriate action regarding the Second Modification to
the Funding and Development Agreement between the Town of Trophy
Club, Texas and Centurion Acquisitions for Road and Utility Improvements
for Northwest Parkway (Bobcat Blvd.)
Motion made by Edstrom, seconded by Sterling to approve the Second Modification to
the Funding and Development Agreement between the Town of Trophy Club, Texas
and Centurion Acquisitions for Road and Utility Improvements for Northwest Parkway
(Bobcat Blvd.)
Edstrom amended the motion correcting Section 3.03, the second agreed.
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Motion passed unanimously without further discussion.
D.7 Discuss and take appropriate action regarding the Town's Absorption Plan
for MUD 2.
Town Manager gave a brief presentation regarding the Town’s Absorption Plan.
Mayor Sanders explained that the Consolidation Task Force (CTF) assumed that the
Town would try to equalize the Fire Tax. If the Town assumed the MUD2 debt and
spread it equally among all residents then MUD1 residents would be penalized.
Looking at all options, Town Manager Emmons’ presentation would be a solution.
Sanders stated that the Council is still researching Tax Increment Financing (TIF).
Mayor Pro Tem Sterling requested the presentation be placed on the Town’s website,
with two links titled: How will it affect me if I live in MUD1 and the other How will it affect
me if I live in MUD2?
Council member Edstrom said this would be an appropriate introduction to Council
member Strother’s speech at the forum next week.
MUD2 Director, Jim Thomas, 7 Meadowbrook Lane - Questioned if the Town could
create a Fire District without an election. Mayor Sanders responded that an election
would be necessary.
MUD1 Director Jim Hase, 209 Inverness Drive – Stated that water billing for MUD2 is
two million dollars. The Town is looking at an increase of one third in order to recover
that amount.
Council member Wilson said the presentation contained some creative language and
she would like certain sections of Mr. McLain’s Report included. Wilson said that while
McLain’s Report cited bad governance, Mr. McLain’s recommended that at minimum
was to consolidate MUD1 and MUD2. Wilson encouraged citizens to refer to page
seven of the McLain report.
Council member Strother confirmed that the presentation language was taken directly
from McLain’s report. Strother clarified that the McLain report did not provide one
definite recommendation and rather presented four different scenarios and the impact of
all four scenarios.
Council Member Edstrom stated the Town is not touching MUD1 and although water
rates may increase, the tax rate was decreased which will create an offset.
Pearl Ford, 2 Spring Creek Court – Asked if the presentation had been cleared with the
Bond Council.
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Mayor Sanders responded that Staff is researching options to back the bonds.
Roger Williams, 215 Phoenix Drive – Commented that the MUD Directors are insincere
since they dismissed Mr. McLain’s report to the extent of being rude to Mr. McLain. Yet
now, the MUD Directors are hanging their hats on McLain’s remarks. Council member
Wilson interjected and Mr. Williams responded that Wilson was at that meeting. Council
members Moss and Edstrom called point of order.
Mayor Sanders called point of order.
Council member Wilson stated that she is hanging her hat, bows and whistles on Mr.
McLain’s report per Mr. Holifield’s review of the Town’s governance issues.
Council directed Town Manager Emmons to work with Staff to place the presentation on
the website.
MUD1 Director, Jim Hase said this was based on the numbers provided by Town
Manager Emmons.
Town Manager Emmons stated that the 1.8 million dollars is based on the final report
created by the CTF and the MUD Directors. Emmons stated that the MUD1 Directors
voluntarily pulled out the contribution paid by Solana and that there will only be a debt
service in MUD1 for water and wastewater. Emmons said the original document to the
CTF was the best route at the time presented; however, concerns regarding double
taxing MUD1 by redistributing the MUD2 Debt have been raised.
Council member Edstrom reiterated the Town’s plan does not include any changes to
MUD1 and the 1.8 million dollars revenue from Solana does not come in to affect and is
mute at this point.
Mayor Sanders recognized Bill Rose, 219 Inverness, MUD2 Director Jim Thomas and
MUD1 Director Jim Hase.
Mayor Sanders clarified that should the Fire District go forward, the Council would
govern as they have in the past.
MUD1 Director Connie White, 119 Trophy Club Drive – Stated that the CTF report was
generated based on the assumptions provided to the task force. White asked when the
Town planned to hold an election for the Fire District and stated it would only create
more governance issues.
MUD1 Director, Jim Hase – Stated if the Town takes over MUD2, the Town would incur
the note as well. Town Manager Emmons responded that the funds have not been
expended.
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Mayor Sanders said that they would use reserves until potentially November, at which
time the Town would call an election.
Council member Wilson said that MUDs allowed the Council to participate in the CTF at
the Council’s request. Wilson said that she, Council member Strother and Town
Manager Emmons put in a lot of hours, and she takes personal offense to the criticism
and demeaning comments regarding the work of the CTF and that it is disrespectful to
the elected officials and Town Manager Emmons who served on the Task Force.
Motion made by Edstrom, seconded by Sterling to approve the proposed plan of action
should Proposition #2 pass with the addition that Council member Strother and Town
Manager Emmons work together to address the questions brought forth.
Motion passed unanimously without further discussion.
D.8 Discuss and take appropriate action relative to Executive Session Item
Number A2.
A. Patricia Adams, Town Attorney Annual Evaluation (Section 551.074
(a)(1))
No action taken.
B. Legal advice related to Cause No. 2009-40021-362, Trophy Club
Municipal Utility District No. 2 v. Town of Trophy Club, pending in the
362nd District Court of Denton County, Texas, including the Intervention
into the lawsuit by MUD1, pending Declaratory Judgment suits filed by
MUD1 and MUD2, pending appeals filed by MUD1 and MUD2 and Town
responses to actions taken by MUD1 and MUD2.
Peggy Sweeny, 51 Meadowbrook Lane asked the status of the lawsuit.
Town Attorney Patricia Adams advised that the Fort Worth Court of Appeals sent letters
to the MUDs expressing concern regarding whether the Court had jurisdiction over the
pending appeal. MUD1 lawyer Bruce James is lead legal counsel and filed a response
to the Court's letter on April 1, 2009. The Town should have an indication within the
next seven to ten days with regard to how the Court will proceed. The MUD brief is due
April 11, 2009. After the MUD brief is filed, the Town will have twenty days to file its
brief. After the Town files its brief, the MUD has approximately eight to ten days to file a
responsive brief; however, the Court of Appeals can go ahead and rule before the
second MUD brief is submitted.
No action taken.
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D.9 Items for Future Agenda.
Council member Wilson moved #1 to the April 20 meeting, address solutions to the
culvert issues at Skyline Park.
1. 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 - Cates)
2. Town Manager Emmons to report on the sound barrier issues on the east
side and conversations with TXDOT, and discussion of same. (Wilson)
3. Establish and implement a process for Hotel inspections. (Edstrom added on
1/21/08)
4. Discuss and consider options to approve the upkeep of rental property, with
or without creating a Building Standard Commission. (Edstrom – 4/21/08)
5. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
6. Council to announce the 2008 Citizen of the Year. (April 20)
7. Discuss and take appropriate action regarding a Library Focus Group or other
plan for exploring options and compiling data for a future library. (Wilson)
8. Discuss and take appropriate regarding a TIF as it relates to taking over
MUD2. (Mayor Sanders)
E.1 Adjourn.
Motion made by Wilson, seconded by Sterling to adjourn. Meeting adjourned at 10:49
p.m.
____________________________ ___________________________
Lisa Hennek, Town Secretary Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.B.2
Consent Agenda: Discuss and take appropriate action to approve
financials and variance report dated:
a. March 2009
EXPLANATION:
The March, 2009 monthly financial report is presented in a format that provides the
comparison of monthly and year to date actual amounts to the current fiscal year
budget. The accompanying variance report provides an explanation of actual fiscal
year to date revenues and departmental expenditures which vary more than 10% from
the percent of the fiscal year lapsed.
RECOMMENDATION:
Staff recommends approval of the March Financial and Variance Report.
ACTION BY COUNCIL:
Attachments: 1. Financial and Variance Report
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.C.1
Discuss and take appropriate action regarding a Proclamation declaring
May 6 -12, 2009 as National Nurses Week Celebration.
EXPLANATION:
Through this Proclamation, the Town recognizes May 6 – May 12, 2009 as National
Nurses Week Celebration.
See attached letter from Beth Hauser, RN, DNSc, FNP, NEA-BC, Vice President
Nursing Services/Chief Nursing Officer.
RECOMMENDATION:
Staff recommends approval of the proclamation.
ACTION BY COUNCIL:
(Mayor Sanders)
Attachments: 1. Letter from Baylor
2. Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2009-
MAY 6 – 12, 2009 AS NURSE APPRECIATION WEEK IN TROPHY CLUB
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE WEEK OF MAY 6 – 12,
2009 AS NURSE APPRECIATION WEEK IN TROPHY CLUB IN
CONJUNCTION WITH NATIONAL NURSE APPRECIATION WEEK.
WHEREAS: National Nurse Appreciation Week is May 6-12, 2009; and
WHEREAS, This year’s celebration theme is “Continuing Our Pathway to
Excellence Toward Magnet,” and
WHEREAS, Nurses are truly giving and loving individuals who care for the sick
and who contribute enormously to the well-being of others; and
WHEREAS, Baylor Regional Medical Center at Grapevine honors their special
nurses during this week.
NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY
PROCLAIM:
Section 1. The week of May 6 – 12, 2009 as Nurse Appreciation Week in the
Town of Trophy Club to coincide with National Nurse Appreciation Week and encourage
all citizens to support our nurses.
Section 2. That this proclamation shall take effect from and after its date of
passage, in accordance with law; and it is so proclaimed.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 6th day of May, 2009.
_____________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
________________________________
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding a Proclamation proclaiming
May 10-16, 2009 as National Police Week.
EXPLANATION:
Through this Proclamation, the Town recognizes May 10 – May 16, 2009 as National
Police Week.
RECOMMENDATION:
Staff recommends approval of the proclamation.
ACTION BY COUNCIL:
Attachments: 1.Proclamation
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2009-
May 10-16, 2009 as National Police Week
WHEREAS, The Congress and President of the United States have designated
May 10th – May 16th as National Police week; and
WHEREAS, the members of the law enforcement agency of the Town of Trophy
Club, Texas play an essential role in safeguarding the rights and freedoms of Town of
Trophy Club, Texas; and
WHEREAS, it is important that all citizens know and understand the duties,
responsibilities, hazards, and sacrifices of their law enforcement agency, and that
members of our law enforcement agency recognize their duty to serve the people by
safeguarding life and property, by protecting them against violence and disorder, and by
protecting the innocent against deception and the weak against oppression; and
WHEREAS, the members of the law enforcement agency of Town of Trophy
Club, Texas unceasingly provide a vital public service;
NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY
PROCLAIM and call upon all citizens of Town of Trophy Club, Texas and upon all
patriotic, civic and educational organizations to observe the week of May 10th - 16th,
2009, as Police Week with appropriate ceremonies and observances in which all of our
people may join in commemorating law enforcement officers, past and present, who, by
their faithful and loyal devotion to their responsibilities, have rendered a dedicated
service to their communities and, in so doing, have established for themselves an
enviable and enduring reputation for preserving the rights and security of all citizens.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 6th day of May, 2009.
_____________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
________________________________
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding a Proclamation declaring
May 2009 as Motorcycle Safety and Awareness Month.
EXPLANATION:
Through this Proclamation, the Town recognizes the month of May as Motorcycle
Safety and Awareness Month.
Kelly McColpin, Run Coordinator for Denton ABATE will be attending the meeting to
accept the Proclamation.
RECOMMENDATION:
Staff recommends approval of this Proclamation.
ACTION BY COUNCIL:
Attachments: 1. Email request
2. Proclamation
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From: Kelly McColpin
To: Lisa Hennek
Subject: Motorcycle Safety & Awareness Month
Date: Tue, 17 Mar 2009 12:33:48 -0500
My name is Kelly McColpin, and I am the Run Coordinator for Denton ABATE. We are the local chapter
of Texas ABATE, a motorcyclist’s rights organization dedicated to, among other things, public education
and awareness.
May is Motorcycle Safety and Awareness Month, and I am writing to request that the Mayor sign a
proclamation stating that Trophy Club is declaring May to be the Official Motorcycle Safety and
Awareness Month in your city.
The purpose of such a proclamation is to get the word out to the public to watch out for motorcycles, and
to raise awareness through the media. The Mayor's support and the issuance of a proclamation at a City
Council Meeting will help us achieve these goals.
We would like to contact the media and advise them of the presentation of a proclamation to Denton
ABATE members during a City Council meeting in May, and arrange for their coverage. May we please
have your confirmation of a date and permission to contact the media at your earliest convenience?
Thank you in advance for your help with this important issue.
Kelly S. McColpin
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2009-
May 2009 - Motorcycle Safety & Awareness Month
WHEREAS, The safe operation of a motorcycle requires the use of special skills
developed through a combination of training, expertise, the use of good judgment, and a
thorough knowledge of traffic laws and licensing requirements; and
WHEREAS, With the onset of warmer weather, the number of motorcycles on
our streets and highways increases dramatically; and
WHEREAS, Motorcyclists and motorcycle interest groups continue to
demonstrate support for motorcycle safety programs offered for both beginning and
advanced riders; and
WHEREAS, During the month of May 2009,motorcycle organizations nationwide
will hold various events to promote Motorcycle Safety and Awareness Month with the
intention of raising public awareness of motorcycling and motorcycle riders; and
WHEREAS, This initiative is a commendable step toward creating a better
understanding of the ways that Texas motorists can safely share the road with one
another and will help reduce hazardous situations on our streets and highways
throughout the year; now, therefore, be it
WHEREAS, The House of Representatives of the 81st Texas Legislature hereby
recognize May 2009 as Motorcycle Safety and Awareness Month and urge all members
of the motoring public to support this worthwhile event after its date of passage, in
accordance with law; and it is so proclaimed.
NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY
PROCLAIM: May 2009 as Motorcycle Safety & Awareness Month and that this
Proclamation shall become effective from and after its date of passage in accordance
with law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 6th day of May, 2009.
_____________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
________________________________
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.C.4
Update regarding Economic development; discuss and take appropriate
action regarding same.
EXPLANATION:
The Assistant Town Manager will present to the Council a brief Economic Development
activity overview. Staff has worked with the Economic Development Corporation 4B
Board to develop quality projects and initiate relationships with local developers and
retail/restaurant officials. The nation has experienced a slow down in residential and
commercial development. However, the EDC-4B Board and Staff are developing and
completing a solid economic development foundation in order to be prepared when the
market shifts back to a growth mode.
Attached is a draft Powerpoint presentation. Staff will continue to finalize the Powerpoint
over the next several days, and will present a final version at the Council meeting.
RECOMMENDATION:
ACTION BY COUNCIL:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.C.5
Discuss the standards in the Fair Campaign Practices Proclamation put
forth by Council for the May 2009 election, take appropriate action
regarding same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Council member Wilson)
Attachments: 1. Proclamation 2009-01 approved on 16th day of February, 2009.
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TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION 2009-01
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, TO ALL COUNCIL MEMBERS AND
CANDIDATES RUNNING FOR THE MAY 9, 2009 ELECTION,
INFORMING THEM OF TOWN COUNCIL’S INTENT AND DESIRE THAT
EVERY CANDIDATE COMPLY WITH HIS OR HER MORAL
OBLIGATION TO OBSERVE ETHICAL STANDARDS IN
CAMPAIGNING AND TO UPHOLD THOSE STANDARDS, IN ORDER
THAT, AFTER VIGOROUSLY CONTESTED BUT FAIRLY CONDUCTED
CAMPAIGNS, OUR CITIZENS MAY EXERCISE THEIR
CONSTITUTIONAL RIGHTS TO A FREE AND UNTRAMMELED
CHOICE AND THE WILL OF THE PEOPLE MAY BE FULLY AND
CLEARLY EXPRESSED ON THE ISSUES.
WHEREAS, each Council member and Council member candidate (hereinafter
“Candidate”) will conduct the campaign openly and publicly and limit attacks on his/her
opponent to legitimate challenges to his/her opponent’s record and positions on issues;
and
WHEREAS, each Candidate will not use or permit the use of character
defamation, whispering campaigns, libel, slander, or scurrilous attacks on any
Candidate or the Candidate’s personal or family life; and
WHEREAS, each Candidate will not use or permit any appeal to prejudice based
on race, sex, religion, or national origin; and
WHEREAS, each Candidate will not use campaign material of any sort that
misrepresents, distorts, or otherwise falsifies the facts, nor will he/she use malicious or
unfounded accusations that aim at creating or exploiting doubts, without justification, as
to the personal integrity or patriotism of his/her opponent; and
WHEREAS, each Candidate will not undertake or condone any dishonest or
unethical practice that tends to corrupt or undermine our system of free elections or that
hampers or prevents the full and free expression of the will of the voters, including any
activity aimed at intimidating voters or discouraging them from voting; and
WHEREAS, each Candidate will defend and uphold the right of every qualified
voter to full and equal participation in the electoral process, and will not engage in any
activity aimed at intimidating voters or discouraging them from voting; and,
WHEREAS, each Candidate will immediately and publicly repudiate methods
and tactics that may come from others that he/she has pledged not to use or condone.
He/She shall take firm action against any subordinate who violates any provision of this
Proclamation or the laws governing elections.
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NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing premises are hereby adopted by the Town
Council of the Town of Trophy Club.
Section 2. That each incumbent Council member and Council member
candidate (“Candidate”) hereby voluntarily endorses this Proclamation regarding ethical
campaigning,
Section 3. That each Candidate subscribes to uphold their ethical and moral
obligations as specified in this proclamation and to encourage non-incumbent
candidates to comply with the basic principles outlined herein,
Section 4. That each Candidate solemnly pledges to conduct the campaign in
accordance with the above principles and practices.
Passed and approved by the Town Council of the Town of Trophy Club,
Texas, this 16th day of February, 2009.
________________________________
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
_______________________________
Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.C.6
Discuss and take appropriate action regarding the submission of the
Assistance to Firefighters Grant (AFG).
EXPLANATION:
This Grant will cover EMS Equipment in the amount of $52,040.91. The Town’s share
will be $2,602.05. Equipment covered under this Grant would be LIFEPAK 15
Monitor/Defibrillator and a LUCAS Chest Compression System.
RECOMMENDATION:
Staff recommends authorizing the grant submission packet.
ACTION BY COUNCIL:
(DT)
Attachments: 1. Explanation of Assistance to Firefighters Grants (AFG)
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I. What is the AFG?
The primary goal of the Assistance to Firefighters Grants (AFG) is to meet the
firefighting and emergency response needs of fire departments and nonaffiliated
emergency medical services organizations. Since 2001, AFG has helped firefighters
and other first responders to obtain critically needed equipment, protective gear,
emergency vehicles, training, and other resources needed to protect the public and
emergency personnel from fire and related hazards. The Grant Programs Directorate of
the Federal Emergency Management Agency administers the grants in cooperation with
the U.S. Fire Administration. The FY 2009 AFG Grants application period is scheduled
to begin on April 15, 2009 at 8:00 a.m. Eastern Time. Applications for these grants must
be received by May 20, 2009, at 5:00 p.m. Eastern Time. This is a 5% matching grant.
Over the past 7 years we as a department have applied for over $550,848.00 dollars in
grant request and have received $104,894.00 dollars. Our out of pocket expense has
been $7217.00 dollars.
II. What is the Trophy Club Fire Department looking for assistance to purchase?
1) Life Pac 15- The LIFEPAK 15 monitor/defibrillator is an all-new platform that raises
the bar with a design developed in partnership with emergency services
professionals. This collaboration led to a design focused on: Clinical innovations
such as carbon monoxide monitoring and CPR guidance via a Metronome.
Operational innovations including a bright color LCD screen with SunVue™ and the
latest Lithium-ion battery technology. LIFEPAK TOUGH™ makes it our most rugged
monitor/defibrillator. Sharing the user interface and footprint of the LIFEPAK 12
defibrillator/ monitor to reduce training and switching costs. This monitor would be
used to replace an aging Life Pak 11.
2) Lucas-Chest Compression System-Designed to provide effective, consistent and
uninterrupted compressions according to AHA Guidelines, the device is used on
adult patients in out-of-hospital and hospital settings. Maintaining high-quality hands-
free compressions frees responders to focus on other lifesaving therapies and
enables them to wear seatbelts during transport
III. If approved for the grant, what would be the cost of the equipment?
1) Life Pak 15- $37,470.91 Town match would be $1,873.55
2) Lucas Chest Compression System- $14,570.00, Town match would be $728.50
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.C.7
Items for Future Agenda.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
1. Town Manager Emmons to report on the sound barrier issues on the east
side and conversations with TXDOT, and discussion of same. (Wilson)
2. Establish and implement a process for Hotel inspections. (Edstrom added on
1/21/08)
3. Discuss and consider options to approve the upkeep of rental property, with
or without creating a Building Standard Commission. (Edstrom – 4/21/08)
4. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom –
10/20/08)
5. Discuss and take appropriate action regarding a Library Focus Group or other
plan for exploring options and compiling data for a future library. (Wilson)
6. Discuss and take appropriate action regarding a Municipal Management
District as it relates to taking over MUD2. (Mayor Sanders)
7. Discuss and take appropriate action regarding culvert issues on Skyline Park.
(Wilson added on 4/6/09)
8. Discuss and take appropriate action regarding an update/celebration for the
opening of the new Bryon Nelson High School. (Edstrom added April 20,
2009)
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.D.1
Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters,
to discuss the annual evaluation of Town Manager, Brandon Emmons.
EXPLANATION:
Annual evaluation of Town Manager Emmons.
RECOMMENDATION:
ACTION BY COUNCIL:
(lmh)
Attachments: 1. Town Manager Evaluation Form
2. B. Emmons Contract
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Town of Trophy Club
Town Manager
Annual Evaluation
Responsibilities and duties of the Town Manager as specified in the Town of Trophy
Club Charter AND as specified in job descriptions. Please circle the word that most
appropriately represents your evaluation of the Town Manager relative to the particular
area of responsibility. Comments may be continued on an attached sheet if needed.
I. Appoint, suspend and remove all Town of Trophy Club employees and
appoint administrative officers provided for in the Charter, except as
otherwise provided by law, the Charter, or personnel rules adopted
pursuant to the charter.
1. Reflects ability to recruit and retain competent staff.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
2. Creates a leadership climate providing challenge and motivates employees to
high performance.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
3. Creates opportunities for employees to progress within the organization.
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Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
II. Direct and supervise the administration of all departments, offices and
agencies of the Town of Trophy Club, except as otherwise provided by law
or this Charter.
1. Reflects knowledge of organizational structure and operations.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
2. Demonstrates competence in recognizing organizational priorities.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
3. Accomplishes Town of Trophy Club objectives in an effective manner.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
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Satisfactory (3) ___________
Comments:
III. See that all State laws and Town of Trophy Club policies are effectively
enforced.
1. Ensures appropriate attention and necessary follow-up in enforcement of
Town of Trophy Club policies and adherence to State laws.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
IV. Attend all Town of Trophy Club meetings, with the right to take part in
discussion, but he/she shall not vote.
1. Exercises effective participation at Meetings.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
2. Maintains appropriate role in policy decisions.
Outstanding (5) ___________ Needs Improvement (2) __________
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Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
3. Performs well under pressure - including certain unstructured situations.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
V. Prepare and accept items for inclusion in the Official Agenda of all Town of
Trophy Club meetings and meetings of Boards and Commissions.
1. Organizes materials for presentation to Council in a clear and concise
manner.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
2. Demonstrates effective verbal and written communication skills with Town of
Trophy Club Board members.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
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Comments:
VI. Prepare and recommend to the Town Council the annual budget and capital
program, and administer this budget as adopted by the Town Council.
1. Presents a budget which meets the needs of the Town of Trophy Club and is
a sound financial plan.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
2. Manages Town of Trophy Club within adopted budget policies and
expectations.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
VII. Keep the Town Council fully advised at least quarterly as to the financial
condition and future needs, and to make such recommendations
concerning the affairs of the Town of Trophy Club as he/she or the Town
of Trophy Club deems desirable or necessary.
1. Provides Town of Trophy Club with appropriate and timely analyses of fiscal
condition.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
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Satisfactory (3) ___________
Comments:
2. Keeps informed of changes in State law and regulations and their effect on
Town of Trophy Club government issues, and advises Town Council of same.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
VIII. Make reports as he/she or the Town Council may require concerning the
operations of the Town of Trophy Club departments, offices, or agencies
subject to his/her direction or supervision.
1. Demonstrates effectiveness in identifying major policy issues.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
2. Maintains an effective system of reporting current plans and activities of the
Council.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
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Comments:
IX. Perform such other duties as are specified in this charter or may be
required by the Town Council, and are consistent with this charter or state
or federal law.
1. Develops and maintains effective relationships with Federal, State, and Local
government representatives and citizen groups.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
2. Maintains personal accessibility to Council Members.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
3. Maintains an effective public relations program with local cities and media.
Outstanding (5) ___________ Needs Improvement (2) __________
Excellent (4) ____________ Unsatisfactory (1) ___________
Satisfactory (3) ___________
Comments:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Executive Session Item
Number D.1.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-6-2009
Subject: Agenda Item No.E.1
Adjourn.
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