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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. 1 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. 2 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. 3 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. 4 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. 5 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. 6 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 7 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: 8 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. 9 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. 10 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. 11 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 12 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. 13 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. 14 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. 15 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. 16 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. 17 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 18 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 19 20 21 22 23 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 24 25 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 26 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 27 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 28 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 29 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 30 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 31 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: 32 33 34 35 36 37 38 39 40 41 42 43 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. 44 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. 45 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 46 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) 47 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 48 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) 49 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 50 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. 51 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) ___________ 52 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) __________ 53 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) ___________ 54 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) ___________ 55 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) ___________ 56 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: 57 58 59 60 61 62 63 64 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 65 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-6-2009 Subject: Agenda Item No.E.1 Adjourn. 66