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Agenda Packet TC 10/19/2009Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, TX 76262 Svore Municipal Building Boardroom7:00 PMMonday, October 19, 2009 Call to order and announce a quorum. Invocation Pledges: 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." 1.09-396-T Introduction and Presentation from Cathy Hernandez - ARTSNET; discussion of same. Cathy Hernandez Biography.pdfAttachments: 2.09-420-T Consider and take appropriate action regarding a Proclamation declaring October 19-23, 2009 as Texas Chamber of Commerce Week. Proc. 2009- TX Chamber of Commerce Week.pdfAttachments: 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. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 3.09-384-T Consider and take appropriate action regarding the Minutes dated September 14, 2009. September 14, 2009 Mintues.pdfAttachments: Town Council 1 of 118 Meeting Date: October 19, 2009 October 19, 2009Town Council Meeting Agenda 4.09-397-T Consider and take appropriate action regarding the Minutes dated September 21, 2009. September 21, 2009 Minutes.pdfAttachments: 5.09-398-T Consider and take appropriate action regarding the Minutes dated September 28, 2009. September 28, 2009 Minutes.pdfAttachments: 6.09-449-T Consider and take appropriate action regarding the Minutes dated October 5, 2009. October 5, 2009 Minutes.pdfAttachments: REGULAR SESSION 7.09-446-T Staff presentation and update regarding the events planned for the Fall Phantom Festival on October 24, 2009; and discussion of the same. Fall_PhantomFest.pptAttachments: 8.09-418-T Consider and take appropriate action nominating candidates to the Denton County Appraisal District Appraisal Review Board. DCAD Appraisal Review Board.pdfAttachments: 9.09-312-T Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards for Permit Holders, and Providing an effective date. HOTEL ORD 2009- Amending Chap 3 - Art XVII - Hotel Regs.pdfAttachments: 10.09-419-T Consider and take appropriate action regarding a Resolution accepting the Energy Efficiency and Conservation Block Grant (EECBG) Program allocation under the American Recovery and Reinvestment Act (ARRA); and providing an effective date. Texas Comptroller Information.pdf Preliminary Reporting Requirements Overview.pdf Notice of Intent.pdf Res. 2009-xx (FILE ID 419) .pdf Attachments: 11.09-444-T Consider and take appropriate action regarding the enforcement of House Bill No. 55 relating to the offense of using cell phones in school zones. HB55.pdfAttachments: 12.09-443-T Update regarding the Cost of Election Services with Tarrant County, for the November 3, 2009 Park Bond Election. Estimated Cost prior to Re-evaluation.pdf Tarrant Election Contract Nov 2009 Park Bond.pdf Attachments: Town Council 2 of 118 Meeting Date: October 19, 2009 October 19, 2009Town Council Meeting Agenda 13.09-428-T Consider and take appropriate action regarding the ratification of an amendment to the contract between the Town and Halff Associates for engineering services related to the Trophy Club Pedestrian/Bicycle Sidewalk Project. Halff Addendum No 1.pdfAttachments: 14.09-445-T Items for Future Agendas Items for Future Agendas.pdfAttachments: 15.09-442-T Mayor's Update regarding training opportunities, educational sessions, and regional meetings. EXECUTIVE SESSION 16.09-447-T Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation With Attorney," on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act for the purpose of receiving legal advice regarding interlocal and regional contracts. RECONVENE INTO REGULAR SESSION 17.09-448-T Discuss and take appropriate action relative to Executive Session Item 09-447. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council 3 of 118 Meeting Date: October 19, 2009 October 19, 2009Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, October 15, 2009 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. _________________________________ Lisa Hennek, Town Secretary, TRMC If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2009 ________________________________, Title: ___________________________ Town Council 4 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-396-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/18/2009 Town Council On agenda:Final action:10/19/2009 Title:Introduction and Presentation from Cathy Hernandez - ARTSNET; discussion of same. Attachments:Cathy Hernandez Biography.pdf Action ByDate Action ResultVer. Town Council 5 of 118 Meeting Date: October 19, 2009 109-396-T Version:File #: Title Introduction and Presentation from Cathy Hernandez - ARTSNET; discussion of same. Town Council 6 of 118 Meeting Date: October 19, 2009 Cathy Hernandez ARTSNET - P.O. Box 210816 Bedford, TX 76095-7816 817-283-3406 (Main) 817-283-5522 (Fax) www.artsnetc.org Cathy Hernandez has over fourteen years of experience in arts management. Having received her BA in Music from the University of North Texas, and currently finishing her MS from Drexel University in Philadelphia with a Masters in Arts Management, Ms. Hernandez has specialized in the management of culturally-specific organizations and folk art organizations. She has served on numerous grant panels for groups including four state arts councils: Pennsylvania, Texas, Nevada, and Kentucky, three Texas cities: Fort Worth, Dallas, and Austin and the National Jury for the Coming Up Taller Award. Ms. Hernandez has led engaging arts management seminars for arts students at both Texas Christian University and Texas Women’s University. She has received the Outstanding Women of Fort Worth Award from The Women’s Center, The Rudy Eastman Diversity Award from Live Theatre League of Tarrant County, The Great Women of Texas Award from the Fort Worth Business Press, Best Case Study Award from Drexel University’s Arts Management Department, the Dean's Fellowship from Drexel University, and was a national finalist for the American Symphony Orchestra League’s Arts Management Fellowship. Cathy’s work has been recognized by the White House through the Coming Up Taller Award, the U.S. State Department through a cultural exchange with Amman, Jordan, the NEA's American Masterpieces program, and the Kennedy Center through a capacity-building program for culturally-specific organizations under the direct guidance of Michael Kaiser, President of the Kennedy Center. Cathy has also served on numerous local, state, national, and international boards and committees including the nternational Performing Arts for Youths (IPAY) board, Texas Nonprofit Theaters board, the Young Professionals Executive Committee for Sister Cities International, State Advisory Board for VSA Arts of Texas, and the Latino Advisory Committee for U.S. Congresswoman Kay Granger. Town Council 7 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-420-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/5/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action regarding a Proclamation declaring October 19-23, 2009 as Texas Chamber of Commerce Week. Attachments:Proc. 2009- TX Chamber of Commerce Week.pdf Action ByDate Action ResultVer. Town Council 8 of 118 Meeting Date: October 19, 2009 109-420-T Version:File #: Title Consider and take appropriate action regarding a Proclamation declaring October 19-23, 2009 as Texas Chamber of Commerce Week. Body Staff recommends approval. Pearl Ford will accept the Proclamation on behalf of Sally A. Michalak, President, Northwest Metroport Chamber. Town Council 9 of 118 Meeting Date: October 19, 2009 PROCLAMATION 2009- TOWN OF TROPHY CLUB “2009 Texas Chamber of Commerce Week” October 19-23, 2009 WHEREAS, more than six hundred local chambers of commerce in Texas distinguish themselves as the voice of business in our state; and WHEREAS, the work accomplished by those local chambers has benefited our state through their economic development and community development programs; and WHEREAS, the local chambers of commerce unceasingly promote their community for quality growth and development; and WHEREAS, the business community, represented through local chambers of commerce, has been a driving force in fostering enhanced educational opportunities, infrastructure improvements, leadership development, the creation of jobs, and a positive vision of the future; WHEREAS, the chamber of commerce community in Texas has sought to achieve successful results for our state in a cooperative spirit with other organizations; and WHEREAS, The Northwest Metroport Chamber of Commerce celebrates over 20 years of service to the northwest region of the Dallas-Fort Worth Metroplex and specifically the communities of Haslet, Justin, Northlake, Roanoke, Trophy Club and Westlake. NOW THEREFORE, BE IT PROCLAIMED THAT THE TOWN OF TROPHY CLUB, PROCLAIM THE WEEK OF OCTOBER 19-23, 2009 AS CHAMBER OF COMMERCE WEEK IN TROPHY CLUB. PROCLAIMED THIS THE 19th DAY OF OCTOBER, 2009. ______________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: ______________________________ Town Secretary Town Council 10 of 118 Meeting Date: October 19, 2009 Town of Trophy Club, Texas Town Council 11 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-384-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:9/17/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action regarding the Minutes dated September 14, 2009. Attachments:September 14, 2009 Mintues.pdf Action ByDate Action ResultVer. Town Council 12 of 118 Meeting Date: October 19, 2009 109-384-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated September 14, 2009. Town Council 13 of 118 Meeting Date: October 19, 2009 MINUTES FROM PUBLIC HEARINGS/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 14, 2009 6:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, September 14, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Philip Sterling Council Member Susan Edstrom Council Member Kathleen Wilson Council Member Bill Rose Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Kathy DuBose Finance Director Scott Kniffen Police Chief Adam Adams Parks Director Mayor White announced the date of September 14, 2009 called to order and announced a quorum at 6:03 p.m. BUDGET WORKSHOP 1. 09-350-T Budget Discussion. (6:00 to 7:00 P.M.) Town Manager Emmons said the departments left for review are the Parks and Recreation, Planning and Zoning, Community Development and Financial Services. Town Manager Emmons explained the format of the workshop and turned the presentation over to Finance Director Kathy DuBose. Finance Director Kathy DuBose explained the Effective, Rollback, Proposed and Sales Tax Rate. Finance Director DuBose also explained that the tax roll for the 2010-2011 fiscal year would probably reflect the downturn in development and building activity experienced during the current fiscal year. 1 Town Council 14 of 118 Meeting Date: October 19, 2009 Council took a brief recess at 6:30 p.m. so that volunteer photographer/Jeff Robinson could take a group picture. Council reconvened at 6:45 p.m. Mayor White stated that Council was not going to be able to finish the Budget Workshop by 7:00 p.m. and asked if Council could recess the Budget Workshop at 7:00 p.m. and then reconvene back into Workshop Session after Regular Session. Council discussed the Parks and Recreation Budget. Town Attorney Adams advised that the Budget Item was posted from 6:00 p.m. to 7:00 p.m. and that she was not comfortable with Council discussing past the scheduled time. Council member Edstrom and Wilson agreed that given the posted end time, Council should end their budget discussion at 7:00 p.m. Mayor White said the Council will need another workshop to finish discussing the budget. Council took a brief recess and reconvened at 7:08 p.m. Invocation offered by Parks Director Adam Adams. Pledges led by Council member Rose. CITIZEN PRESENTATIONS: No citizen presentations were made. 2. 09-377-T Police Chief Kniffen to recognize and introduce the members of the Citizens on Patrol. Police Chief Kniffen recognized and introduced the following members of the Citizens on Patrol: Bob Radder, Bill Armstrong, Deandra Pugh, Scott Johnson, Tim Chamberlin and Marie Frank who was unable to attend the meeting Police Chief Kniffen commended Officer Scott Voigt for a great job implementing and overseeing this program. Mayor White thanked the members for their volunteerism and dedication. Bob Radder, 1 Lee Court – Congratulated the members of the Citizen on Patrol. Radder asked the Council to consider a fee in the amount of $20.00, per household fee to help with the expense this group incurs personally. CONSENT AGENDA Council member Rose pulled Item 4. Motion made by Strother, seconded by Edstrom to approve the Consent Agenda Items 3, 5, 6 and 7 with the corrections noted to the Minutes dated August 3, 2009 (Item 5). Motion passed unanimously without any discussion. 2 Town Council 15 of 118 Meeting Date: October 19, 2009 3. 09-340-T Consider and take appropriate action regarding a request from Jacobs Engineering on behalf of High Trophy Development, LP to approve an Amended Plat of 107 Residential Lots and 4 Open Space Lots for a total of 28.144 acres known as Neighborhood 1, Phase 1C-2. (AP-09-016) 4. 09-359-T Consider and take appropriate action regarding an Ordinance amending the Town Manager Department budget (Election Line) for fiscal year October 1, 2008 through September 30, 2009. Mayor White stated that the Fiscal Year 2008-2009 General Fund Expenditure Budget Increase of $11,427 for election expenses associated with a May 2009 Town election. In addition to the General Election a Charter Election was called. The overage is a result of publication and translation requirements for a Charter Election. Original Budget 2008-09 $12,235 Amendment 11,427 Amended Budget 23,752 Council member Rose stated that the Charter allowed the Town Manager to transfer money and just make a report to the Council. Rose suggested that the Ordinance specifically reference where the funds are being taken from. Town Manager Emmons clarified that the funds would be covered by the reserves. Council member Edstrom explained that the expense line is being increased and the Charter requires that the Council approve the increase. Mayor Pro Tem Strother confirmed that staff is asking for Council to increase the Election line by $11,427, which will be taken from reserves. Council member Wilson added that this is house-keeping. Because of the overage, the department needs Council’s approval to increase this line of the budget and money is not being moved between departments. Motion made by Edstrom, seconded by Sterling to approve an Ordinance amending the Town Manager Department budget (Election Line) for fiscal year October 1, 2008 through September 30, 2009. Motion passed 5:1, with Rose opposing. 5. 09-348-T Consider and take appropriate action regarding Minutes dated August 3, 2009. 6. 09-347-T Consider and take appropriate action regarding Minutes dated August 17, 2009. 7. 09-349-T Consider and take appropriate action regarding Minutes dated August 24, 2009. PUBLIC HEARING 3 Town Council 16 of 118 Meeting Date: October 19, 2009 The Public Hearing opened at 7:35 p.m. 8. 09-352-T Town Council to conduct 2nd Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2009 to September 30, 2010 and Mayor to announce the date, time and place of the vote on the tax rate. Mayor White read the following for the record: On September 28, 2009, the Town Council will hold a Public Meeting to adopt a 2009 tax rate that will exceed the lower of the rollback rate or the effective tax rate. As required by law, the first Public Hearing was held on August 24, 2009 and this is the second Public Hearing regarding the budget and proposed tax increase. No citizens addressed Council. 9. 09-353-T Town Council to conduct a Public Hearing on the proposed 2009-2010 Fiscal Year Budget pursuant to Section 9.05 of the Town Charter, "Council Action on Budget". Mayor White summarized the Charter Amendment, passed in the May 9, 2009 Election under Section 9.05 Council Action on Budget which requires a Public Hearing. No citizens addressed Council. The Public Hearing closed at 7:37 p.m. REGULAR SESSION 10. 09-311-T Consider and take appropriate action to approve an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for the 2009-2010 school year. Mayor White questioned if Byron Nelson High School is included in the renewal. Town Manager Emmons confirmed that this Agreement allows for the same officer and program from previous years. The role of the School Resource Officer has been extended to include the new high school. Council member Rose questioned the costs listed in the agreement. Town Manager Emmons explained that the costs listed are the school’s allocation, the rest is Grant money. Police Chief Kniffen advised this is the last year for this Grant, and that FY09/10 is actually an extension. Motion made by Edstrom, seconded by Wilson to approve an Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for the 2009-2010 school year. Motion passed unanimously without further discussion. 11. 09-333-T Consider and take appropriate action regarding a Contract for Election Services with Denton County, for the November 3, 2009 Park Bond Election, and 4 Town Council 17 of 118 Meeting Date: October 19, 2009 approving the terms and conditions of the Contract. Mayor White stated that the voting information for both Denton and Tarrant County residents is on the Town’s website under the Government/Elections Tab. Mayor White explained that residents may vote at any polling location within their County during Early Vote. On Election Day, residents must vote at their precinct. Election Day Voting for Trophy Club, Denton County residents will be held in the Council Chambers at the Svore Building and Election Day Voting for Trophy Club Tarrant County residents will vote at Cross Timbers Church in Keller. The Town Council will consider Tarrant County's Contract at their October 5, 2009 meeting. Town Manager Emmons stated that this is the standard election agreement with Denton County. November is a Constitutional Election, and the Town is a joint party with the County therefore the cost will be split 50/50. Tarrant County has estimated the Town’s cost at $3,900.00. Motion made by Wilson, seconded by Edstrom to approve a Contract for Election Services with Denton County, for the November 3, 2009 Park Bond Election, and approving the terms and conditions of the Contract. Motion passed unanimously without further discussion. 12. 09-351-T Consider and take appropriate action regarding a Resolution adopting the National Incident Management System (NIMS). Mayor White stated that this Resolution is part of the compliance for Government and State Grant process for National Incident Management System (NIMS). Training for the Incident Command System (ICS) will be held the last two weeks of September. Town Manager Emmons explained this training is part of a residential directive for Homeland Security. The training for ICS 300 and ICS 400 will be held the end of September; however a person must first take the online training for ICS 100, 200, 700 and 800. Council member Wilson appreciates staff’s attendance at this training. Mayor Pro Tem Strother requested Town Manager Emmons provide a summary of the training. Motion made by Strother, seconded by Edstrom to approve a Resolution adopting the National Incident Management System (NIMS). Motion passed unanimously without further discussion. 13. 09-360-T Consider and take appropriate regarding the setting of a new date for the Council's strategic planning workshop. Mayor White explained that October 9 and 10 were tentative dates for Council’s strategic planning workshop. October 9 is a Friday and in Texas, Friday nights are reserved for high school football and October 10 is the day of the Trophy Club semi-annual garage sale and Roanoke Days. The Council may be better served to reschedule this planned retreat to a better time. Town Manager Emmons considers this workshop a precursor to the full blown planning session that will occur in January as required by the Charter. 5 Town Council 18 of 118 Meeting Date: October 19, 2009 6 The Town Council discussed the need for a facilitator. Town Manager Emmons said depending on dates and the availability, one of three facilitators who understand the intricacies of public sector will be scheduled. Council discussed the details of the workshop, their availability and agreed that four hour meeting on two different afternoons would result better effectiveness. Town Manager Emmons confirmed that he would be the only staff member attending. Council agreed to Wednesday, November 18 and Sunday, November 22 from 4:00 – 8:00 p.m. and suggested that the meeting be held at the Marriott in Solana. 14. 09-358-T Items for Future Agendas Mayor White requested Town Manager Emmons provide an update on the elevated tank at the first meeting in October. Town Manager Emmons called a Budget Workshop for Monday, September 21, 2009. 15. 09-354-T Mayor's Update regarding training opportunities, educational sessions, and regional meetings. Mayor White provided a brief update on her attendance at the following meetings and events:  August and September Chamber Luncheons  TML Newly Elected Training in Austin (August 6 and 7, 2009)  August and September Northwest Community Partnership meeting  North West Metroport Chamber of Commerce Mayor’s roundtable (August 14, 2009)  Metroport Cities Partnership Meeting (August 20, 2009)  Breakfast to recap the 81st Legislative Session - hosted by Northwest Metroport Chamber of Commerce (August 26, 2009)  Judged the Taste of Northeast Event (August 20, 2009)  35W Coalition Quarterly Meeting (September 9, 2009)  Tarrant Area Food Bank Lunch in Observance of National Hunger Action Month (September 9, 2009) Mayor White said that she would be unable attend the Metroport Cities Partnership on Thursday, September 17 at 7:30 at Village Circle and asked if anyone from Council would like to attend. ADJOURN Motion made by Sterling, seconded by Wilson to adjourn. The meeting adjourned at 8:40 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 19 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-397-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:9/18/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action regarding the Minutes dated September 21, 2009. Attachments:September 21, 2009 Minutes.pdf Action ByDate Action ResultVer. Town Council 20 of 118 Meeting Date: October 19, 2009 109-397-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated September 21, 2009. Town Council 21 of 118 Meeting Date: October 19, 2009 MINUTES FROM BUDGET WORKSHOP FOR THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 21, 2009 5:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, September 21, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Susan Edstrom Council Member Kathleen Wilson Council Member Bill Rose Council Member TOWN COUNCIL MEMBERS ABSENT: Glenn Strother Mayor Pro Tem Philip Sterling Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Kathy DuBose Finance Director Scott Kniffen Police Chief Adam Adams Parks Director Mayor White called to order and announced a quorum at 5:08 p.m. Mayor White announced the absence of Council member Sterling. Council member Strother advised via email at 6:00 p.m. that he would be unable to attend. BUDGET WORKSHOP 1. 09-382-T Budget Discussion. Town Manager Emmons opened the workshop by referencing the revised budget worksheets. The first worksheet reflects a .4551 per $100 tax rate and includes all updates since the budget was originally proposed. The changes noted are to the sales tax, reduction of funding from TCMUD1 for the Deputy Town Secretary and changes to Health Insurance, resulting in a shortfall of $56,640. The second worksheet reflects a .47 per $100 tax rate and includes the same changes noted above, resulting in an overage of $51,692. Town Council 22 of 118 Meeting Date: October 19, 2009 Mayor White questioned the decrease in sales tax as she thought it would stay flat. Town Manager Emmons and Finance Director Kathy DuBose said that it is anticipated that the FY10 Budget will be flat with the FY09 Actual ($612,974). Mayor White confirmed that TCMUD1 approved a budget which no longer funds the Deputy Town Secretary position but now funds the Receptionist position at 100%. Town Manager Emmons stated that MUD Manager Robert Scott informed him that the MUDs were not going to fund the Receptionist position at 100%. Council member Wilson said that the Receptionist position was not discussed in the September 15, 2009 MUD meeting. Finance Director Kathy DuBose confirmed that MUD Manager Robert Scott requested this change right before the start of the MUD meeting. Effective October 1, 2009, the MUD will fund the Receptionist position at 100%. Council finished discussing the Parks and Recreation Budget. Mayor White questioned if Staff had researched purchasing a stage rather than renting each time. Staff has researched this several times, it is quite expensive and storage is an issue. Council member Rose questioned the Independent Labor line for Recreation. Parks and Recreation Director Adam Adams said that they decreased this amount as the department did not use all that was budgeted for this year. This line covers the help needed at the end of season, for the July 4th and Day Camp. Mayor White asked about the $10,000 salary increase under the Planning and Zoning Department, the difference between the Town Engineer and Planner and Computer Mapping. Town Manager Emmons explained that the increase as a salary adjustment. Planning and Zoning is responsible for everything before the structure goes on the ground. The Community Development Department (Permitting and Inspections) is responsible for everything after the structure hits the ground. The increase for the trash service is a result of the CPI rate increase from last July and is based on volume. Council member Rose confirmed that the proposed budget includes the addition of an employee in the Finance Department as the workload and overtime in this department justifies the addition of one person. Rose stated that the Finance computer systems are out date and need to be upgraded. Finance Director Kathy DuBose said that the current system is an antiquated system and receives frequent updates and patches and the system upgrade expense is included in the budget. Town Manager Emmons said that the $23,000 is just the Town’s cost and would require the MUDs consent. Mayor White would like an analysis completed prior to upgrading the system. Council member Rose agreed that an analysis should be completed but would like to include money in the budget. Mayor White is comfortable adding an additional employee to the Finance Department, but does not support a Benchmark Analyst. Council member Rose agreed and said that the additional person would be responsible for whatever duties are necessary and does not necessarily need the title of Benchmark Analyst. Council member Edstrom cautioned that the original budget increase was for reserves and that Council should not start dipping into the reserve. Edstrom stated that that system upgrades is a good discussion for a budget workshop but should not be proposed at the very last minute. Town Manager Emmons explained that staff has the responsibility for allocating the funds appropriately, just because the funds are budgeted, does not necessarily mean that the money has to be spent. Town Manager Emmons asked the Council for confirmation of their approval for another Finance position and for the funds for system software upgrades. Town Council 23 of 118 Meeting Date: October 19, 2009 Mayor White does not want to go above the 0.4551 unless it directly affects the residents and only if there is an absolute benefit to the residents, Finance does not. Council member Wilson stated that in addition to the computer systems, the streets and drainage are also antiquated and need repaired and replaced. The Band-Aid fixes actually cost the Town more money, however upgrades and replacements cannot be included in the budget at the last minute. Wilson requested that Staff include these requests in the next year’s budget. Council member Edstrom agreed and stated that Council needs to plan accordingly and prepare. Expense such as this will not happen by leaving the tax rate at 0.4551. Mayor White cautioned Staff that the need for certain positions and additional personnel may be eliminated as the systems are upgraded. Council completed their review of the General Fund Budget. Council member Rose referenced the Legal Budget stating that he does not want to take action now and called Council’s attention to the survey he has conducted of other cities legal cost and level of services. Council member Edstrom said that it is difficult to look at straight numbers; Council needs a clearer understanding of the level of service provided by legal in the other cities. Mayor White adjourned the meeting at 6:50 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 24 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-398-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:9/18/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action regarding the Minutes dated September 28, 2009. Attachments:September 28, 2009 Minutes.pdf Action ByDate Action ResultVer. Town Council 25 of 118 Meeting Date: October 19, 2009 109-398-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated September 28, 2009. Town Council 26 of 118 Meeting Date: October 19, 2009 MINNUTES FROM PUBLIC HEARINGS/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 28, 2009 7:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, September 28, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Philip Sterling Council Member Susan Edstrom Council Member Kathleen Wilson Council Member Bill Rose 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 Scott Kniffen Police Chief Adam Adams Parks Director Carolyn Huggins Planning and Zoning Manager Mayor White announced the date of September 28, 2009 call to order and announce a quorum at 7:01 p.m. Invocation was offered by Fire Chief Thomas. Pledges were led by Council member Edstrom. CITIZEN PRESENTATIONS: Mike Morvan (Representing Standard Pacific Homes) - 4009 Emerald Oak Drive, Haltom City – Requested the Council consider funding for and additional employee in the Inspection/Permit Department or third party Inspection Company due to the procedural delays in processing permits. Julian Owens - 213 Oak Hill Drive – Addressed the Council regarding the dog shooting and questioned other options and/or solutions. Mr. Owens asked the Council to consider alternate methods and adequate resources necessary for the Police and Animal Control Officer to do their jobs. Jennifer Killian -234 Oak Hill Drive - Addressed the Council regarding the dog shooting and questioned other options and/or solutions. Ms. Killian volunteered to raise money to donate to the Police Department in order to provide alternate resources necessary for Animal Control and asked Council to provide an estimate. 1 Town Council 27 of 118 Meeting Date: October 19, 2009 Deandra Pugh - 2 Chimney Rock Drive - Addressed the Council regarding the dog shooting and requested the Council consider an Agenda Item to discuss Code Enforcement and the adequate resources necessary for the Police to do their jobs. CONSENT AGENDA 1. 09-380-T Consider and take appropriate action regarding an Interlocal Agreement for Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, designating the Assistant Town Manager as the Household Hazardous Waste Collection Coordinator and designating the Town Manager as the alternate for contract term of October 1, 2009 through September 30, 2010. Motion made by Edstrom, seconded by Rose to approve the Consent Agenda, Item 1. Motion passed unanimously without any discussion. PUBLIC HEARING The Public Hearing opened at 7:19 p.m. 2. 09-353-T Town Council to conduct a second Public Hearing on the proposed 2009-2010 Fiscal Year Budget pursuant to Section 9.05 of the Town Charter, "Council Action on Budget". Pearl Ford, 2 Spring Creek Court – Addressed the Council stating that the Budget process this year was different and better. Ms. Ford commended the Finance Director, the Finance Department and the Council for their hard work. Ms. Ford spoke in favor of the tax increase in order to fund future amenities. 3. 09-385-T Town Council to conduct a Public Hearing relative to the Service and Assessment Plan for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), the Assessment Roll, Levy of Special Assessments against the Property in PID No. 1 and matters contained in the proposed Ordinance. Town manager Emmons explained that clarified when the Service and Assessment Plan for Authorized Services was originally proposed, it was based on the same allocation provided by TC MUD 1. Since the proposal, TC MUD 1 approved a lower rate and the Hearing Notice was revised to reflect the lower rate. No citizens addressed Council. The Public Hearing closed at 7:28 p.m. REGULAR SESSION 4. 09-383-T Consider and take appropriate action regarding a Resolution repealing Resolution 2008-23 and adopting a new Resolution making appointments to serve EDC 4A, EDC 4B, Parks and Recreation Board, the Planning and Zoning Commission, Tree Board and the Zoning Board of Adjustment. The following gave recommendations: Tree Board Chair Deandra Pugh EDC4 Chair JD Harvey Zoning Board of Adjustment Chair Bob Downey 2 Town Council 28 of 118 Meeting Date: October 19, 2009 Town Manager Emmons gave the recommendations on behalf of EDC 4B, Parks and Recreation and the Planning and Zoning Commission. Motion made by Edstrom, seconded by Sterling to approve Resolution 2009-19 as written with the recommendations provided from each Board and Commission, and taking the Alternate seat for the Planning and Zoning Commission Alternate under advisement. Motion passed unanimously without any discussion. 5. 09-323-T Consider and take appropriate action regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); making and adopting findings and other related provisions; and providing an effective date. This ordinance covers the annual update required for assessments on the PID bonds. The annual update required for assessments on emergency services is completed separately. Motion made by Edstrom, seconded by Strother to approve an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club). Town Manager Emmons stated that the correct Appendix A was provided as a hard-copy for the Council’s review. Motion passed unanimously without further discussion. 6. 09-390-T Consider and take appropriate action regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving a Service and Assessment Plan for Authorized Emergency Services and Assessment Roll for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); making a finding of special benefit to the property in the District; levying special assessments against property within the district; providing for payment, method of assessment, penalties and interest; and providing an effective date. This Ordinance approves the fixing and levying of assessments for the fiscal year beginning October 1, 2009, and ending September 30, 2010. Motion made by Edstrom, seconded by Rose to approve an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), and amending the set rates at $51,967.04. Motion passed unanimously without any discussion. 7. 09-386-T Consider and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010. Mayor White explained the two examples provided for Council’s consideration. Example 1 reflected a tax rate of $0.4700 and Example 2 reflected a tax rate of $.45551. Mayor White proposed and supports the $0.4700 tax rate for the purpose of generating funds that will be placed into a special restricted account to fund major capital costs. Knowing that these expenses are coming for roads, drainage and a complete 3 Town Council 29 of 118 Meeting Date: October 19, 2009 assessment of the computer systems, White feels it is a responsible move to embark upon building a Capital Improvement Fund. The funds set aside now will result in less debt service required in the future. Motion made by Edstrom, seconded by White to approve an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010 with a tax rate of $0.4700. Council member Edstrom thanked Pearl Ford for her help and suggestions. Edstrom agreed with the Mayor regarding setting aside funds for the Town’s future. Council member Sterling understands the Mayor and Council member Edstrom’s comments but is not in favor of raising the tax rate. Council member Sterling applauded the efficiencies of Town Manager Emmons and his Staff. Council member Wilson concurred with Council member Sterling as there are still funds that have not yet been examined for legitimacy. Wilson pleaded that should the Council increase the taxes that money be delineated specifically for capital improvement. Wilson suggested discussing funding and future spending at the long range planning session. Council member Edstrom amended the motion to adopt the Budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010 with a tax rate of $0.4700 as provided with the Example 1, the second agreed. Mayor Pro Tem Strother stated no one wants to raise taxes. Stroher asked the Council to consider the followings, the Town lost $50,000 for funding for ½ employee, and still do not know what may happen in the future in relation to staffing, the residents want more amenities, but do not want to pay for the services, the Town still has to finance the purchase of a work truck as we are in not in the position to buy one out right. Hopefully this Council can continue to operate the Town efficiently and more effectively and the quality of life in Trophy Club is balanced through this process. The Strategic Planning Session, the housing boom and the right Commercial Development will help offset the tax. Strorther mentioned that the Town is still governed by two different entities and the Town is still waiting for a special water rate as they are the second largest water user. Council member Rose stated that the budget process was interesting and future efficiencies will be determined in the Strategic Planning Session. Rose is comfortable setting the tax rate at $0.4700, as the Council has the discipline to use it wisely. Council member Edstrom reassured that the Council is not run amok and all members have a fiscal responsibility. Staff and Council have scrubbed each line and cannot find any extra funds. Edstrom stated that necessary items such as an additional Animal Control Officer, Tasers, a Student Resource Officer, four additional Police Officers, and a Drainage Study did not get included to this budget. The Strategic Planning Session should not be a discussion of what this Council should be doing today, but what this Council needs to plan and budget for in the future. Town Manager Emmons expounded on the needs and staid Staff is required to identify and establish a Capital Improvement Plan for the next five years. Emmons said the plan has been identified the plan, but there is no way to pay for it. This budget includes the Drainage Study, but not the money necessary to fix the areas identified in the study. Emmons hopes the Council recognizes the approach Management has taken regarding fiscal responsibility over the past three years. Council member Edstrom said that unless this Council is proactive and sets funds aside now, a Strategy Planning Session is futile as without any money, Council can only talk about a strategy. This Council needs to continue the planning started last November and need to put money aside in order to accomplish the strategies identified. Edstrom called for the vote. Council member Rose commented that two citizens spoke in favor of the tax increase. 4 Town Council 30 of 118 Meeting Date: October 19, 2009 Council member Edstrom called for the vote. Motion passed 4:2 with White, Strother, Edstrom and Rose voting in favor and Wilson and Sterling opposing. 8. 09-388-T Consider and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2009, and ending September 30, 2010. Staff provided two examples for Council’s consideration. Example 1 reflected a tax rate of $0.4700 and Example 2 reflected a tax rate of $.45551. Motion made by Edstrom, seconded by Rose to adopt an Ordinance that would fix and levy property taxes and that property taxes be increased by the adoption of a tax rate of $0.4700 per $100 valuation for the fiscal year October 1, 2009, and ending September 30, 2010. Edstrom's motion further specified, that the Operations and Maintenance component of the tax rate to be $0.38838, the Interest and Sinking component of the tax rate to be $0.08162 and that the property tax rate be increased by the adoption of a tax rate of $0.4700, which is effectively a 3.18 percent increase in the tax rate, the second agreed. A roll-call vote was taken. The motion passed 4:2 with White, Strother, Edstrom and Rose voting in favor and Wilson and Sterling opposing. 9. 09-387-T Consider and take appropriate action to ratify the property tax increase reflected in the previously approved Town Budget for the fiscal year beginning October 1, 2009, and ending September 30, 2010. In addition to adopting the budget and voting to set the tax rate, which we currently achieve via two (2) different agenda items, Section 102.007 of the Texas Local Government Code provides that the adoption of a budget that requires raising more revenue from property taxes than in the previous year also requires a separate vote of the Council to ratify the property tax increase reflected in the budget. The vote to ratify the property tax increase is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate required by Chapter 26 of the Tax Code, or other law. Staff provided two examples for Council’s consideration. Example 1 reflected a tax rate of $0.4700 and Example 2 reflected a tax rate of $.45551. Motion made by Edstrom, seconded by Strother to approve that the property tax rate be increased by the adoption of a tax rate of $0.4700, which is effectively a 3.18 percent increase in the tax rate. A roll-call vote was taken. The motion passed 4:2 with White, Strother, Edstrom and Rose voting in favor and Wilson and Sterling opposing. 10. 09-389-T Consider and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD) for 2009. Motion made by Edstrom, seconded by Sterling to approve a Resolution approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD) for 2009. Motion passed unanimously without further discussion. 11. 09-357-T Consider and take appropriate action regarding the third quarter financial and variance report dated: a. August 5 Town Council 31 of 118 Meeting Date: October 19, 2009 The August 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. Management recommends approval. Motion made by Edstrom, seconded by Wilson to approve the third quarter financial and variance report dated August 2009. Motion passed unanimously without any discussion. 12. 09-312-T Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled Buildings and Construction, requiring Hotel Permitting and Providing Standards for Permit Holders and providing an effective date. Town Manager Emmons said that Staff’s intent was to mirror the City of Granbury’s Ordinance, however once the review started, staff determined that a better way was to create a new Article under Buildings and Construction. The Council discussed the interpretation of the deadline for permit application. Council requested Staff clarify this section and then bring it back to Council. No action taken. 13. 09-381-T Consider and take appropriate action regarding the Texas Department of Public Crime Records Service Texas Data Exchange (TDEx) User/Equipment Agreement. The Texas Data Exchange system permits agencies to share data on criminal investigations with other agencies and query other agencies information to aid in the investigation of crime. This tool will enable the Police Department with an additional source of information to determine whether suspects in crimes in Trophy Club are suspects or arrestees in other jurisdictions and help us develop criminal cases. There is no cost to this service. Staff recommends approval of this agreement. Motion made by Wilson, seconded by Edstrom to approve the Texas Department of Public Crime Records Service Texas Data Exchange (TDEx) User/Equipment Agreement. Motion passed unanimously without further discussion. 14. 09-392-T Items for Future Agendas Council added Item to discuss Code Enforcement and the adequate resources necessary for the Police to do their jobs and an Item with an update from Staff regarding the delinquency for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), NH8. 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. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom - 4/21/08) 3. Discuss and receive an update on the Comprehensive Land Plan. (Edstrom - 10/20/08) 4. 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 Town Council 32 of 118 Meeting Date: October 19, 2009 7 5. Discuss and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09) 6. Item to receive a report to alleviate the congestion of games/practices on the baseball and the parking issues. (Wilson added May 6, 2009) 7. Item to reevaluate and expand the scope of the Tree Board in reference to beautification. (Wilson added on August 17, 2009) 8. Item after FY08-09, discussing future EMS negotiations. (Wilson added on August 17, 2009) 9. Council goals and objectives. (Edstrom added on August 17, 2009) 10. Item to receive a report regarding the delinquency for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), NH8. 15. 09-399-T Receive a progress report from Council Member Wilson regarding the September 15, 2009 TCMUD1 Meeting; discussion of same. Progress report received from Council member Wilson regarding the September 15, 2009 TCMUD1 Meeting. Council member Edstrom questioned the new agenda item created by TC MUD 1 that will entail a Council report from Council Liaison on notices from Council & relevant business and said that this information is public record and the report is the Town Manager’s responsibility. Based on the discussion at the TC MUD1 meeting on September 15, 2009, Pearl Ford, 2 Spring Creek Court explained how the DCAD nominations are based. Based on the tax levy for the Town (PID #1 Emergency Services District), the Council was allocated a total of one (1) vote to cast for a nominated candidate on the ballot provided by the Chief Appraiser of the Denton Central Appraisal District. On August 3, 2009 Council nominated John Mitchell. Based on the tax levy for the Town, the Council is allocated a total of five (5) five nominations provided by the Chief Appraiser of the Denton Central Appraisal District. Council is scheduled to take action regarding this Item at their October 5, 2009 meeting. Ms. Pearl Ford expressed desire to continue serving. 16. 09-391-T Mayor's Update regarding training opportunities, educational sessions, and regional meetings. Mayor White provided a brief update on her attendance at the following meetings and events: NTMP How Local Communities are Attracting Developers and Retailers Without Relying on Federal Funding Metroport Cities Partnership Northwest ISD Education Foundation - Annual Drive Kick-off Luncheon 23rd Annual GrapeFest  North TX Super Bowl XLV Host Committee Regional Media Conference  Incident Management Systems Training ADJOURN Meeting adjourned at 9:25 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 33 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-449-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:10/13/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action regarding the Minutes dated October 5, 2009. Attachments:October 5, 2009 Minutes.pdf Action ByDate Action ResultVer. Town Council 34 of 118 Meeting Date: October 19, 2009 109-449-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated October 5, 2009. Town Council 35 of 118 Meeting Date: October 19, 2009 MINUTES FROM REGULAR SESSION FOR THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, October 5, 2009 5:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, October 5, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Kathleen Wilson Council Member Philip Sterling Council Member Bill Rose Council Member TOWN COUNCIL MEMBERS ABSENT: Susan Edstrom Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Mayor White called to order and announced a quorum at 7:00 p.m. Mayor White announced the absence of Council member Edstrom. Invocation offered by Council member Wilson. Pledges led by Town Manager Emmons. 1. 09-400-T Introduction and Presentation from Robert Earley, President/CEO of John Peter Smith Hospital; discussion of same. Mayor White introduced Mr. Earley. Mr. Earley is the new President/CEO of John Peter Smith (JPS) Hospital. In May 2008, Earley was appointed Interim President and CEO for JPS Health Network. On Feb. 4, 2009 he was appointed as the President and CEO by the Tarrant County Hospital District Board of Managers. Mr. Earley came before the Council to introduce himself and briefly explained some of the programs offered by John Peter Smith Hospital. Mr. Earley stated that John Peter Smith Hospital efforts are to become a level one trauma center. This would be the only trauma center in Tarrant County. Parkland is the only one in the area. Town Council 36 of 118 Meeting Date: October 19, 2009 No action required. CITIZEN PRESENTATIONS No citizen presentations were made. REGULAR SESSION 2. 09-379-T Consider and take appropriate action to nominate up to five people to be considered for the Denton County Appraisal District Board of Directors. Based on the tax levy for the Town (PID #1 Emergency Services District), the Council was allocated a total of one (1) vote to cast for a nominated candidate on the ballot provided by the Chief Appraiser of the Denton Central Appraisal District. On August 3, 2009 Council nominated John Mitchell. Based on the tax levy for the Town, the Council is allocated a total of five (5) five nominations provided by the Chief Appraiser of the Denton Central Appraisal District. Council is scheduled to take action regarding this Item at their October 5, 2009 meeting. Ms. Pearl Ford's term is expiring and she has expressed interest in continuing to serve. Motion made by Rose, seconded by Strother nominating Ms. Pearl Ford to be considered for the Denton County Appraisal District Board of Directors. Motion passed unanimously without any discussion. 3. 09-334-T Consider and take appropriate action regarding a Contract for Election Services with Tarrant County, for the November 3, 2009 Park Bond Election, and approving the terms and conditions of the Contract. The Town’s cost to Tarrant County is $6,825.00. Tarrant County Election Administrator, Steve Raborn explained that the rate is calculated as described in the contract. It is not a per-voter charge, it is per polling place charge and the Town is also incurring a pro-rata portion of Tarrant County's overhead expenses of the election, which because of Tarrant County's size is higher than Denton County’s. Per the terms of the contract, the Town is paying half the cost of that one day of Early Voting and the County is paying the other half. The Town is also paying for a pro-rata cost of the nearest full-time early voting site. The cost would have only be reduced by a few hundred dollars had the Town not opted to host one day of early voting. Council member Rose questioned the apparent disparity between cities as noted under Section XVI on the Contract. Rose was in favor of approving the contract presented, providing Mayor White continue to research with Tarrant County. Motion made by Rose, seconded by Wilson to approve a Contract for Election Services with Tarrant County, for the November 3, 2009 Park Bond Election, with an amount not greater than $6,825.00 pending the Mayor’s research with Tarrant County. Mayor Pro Tem Strother would like a break down and some understanding of how the fees are calculated. Motion passed unanimously without further discussion. 2 Town Council 37 of 118 Meeting Date: October 19, 2009 4. 09-314-T Police Chief Kniffen to provide a review of the events planned for National Night Out on October 6, 2009; discussion of same. Chief Kniffen provided a list of block parties planned and a brief review on the events planned for National Night Out on October 6, 2009. No action taken. 5. 09-407-T Receive an update from Fire Chief Danny Thomas regarding the H1/N1 flu vaccine; discussion of same. Chief Thomas gave an update regarding the H1/N1 flu vaccine. Steve Gregory, 205 Pebble Beach – Requested Staff contact NISD for an update as a lot of kids are out sick. Mayor White advised that the school district has a link to the Center for Disease Control (CDC) on their site. No action taken. 6. 09-403-T Town Manager Emmons to provide an update on the elevated storage tank; discussion of same. Town Manager Emmons provided that the Town opened bids for a 500,000 gallon overhead storage tank on November 10, 2008. The proposed tank is a composite tank to be located on property adjacent to BNHS. Of the four companies that construct these types of tanks, the Town received bids from three. The bids ranged from $1.485 million to $1.837 million. In addition to the construction price, engineering and testing will cost approximately $150,000. The original Engineers Opinion of cost was $1.2 million for this project. After opening bids, there were several meetings regarding what the next step was to be. It was ultimately decided that we would not award the bid at that time. Landmark Structures of Fort Worth was the apparent low bidder and they agreed to hold their price for an extended time. Basically they would benchmark their commodity prices at the time of the bid and adjust the prices when/if the award is made. In April 2007, Carter & Burgess performed a Hydraulic Analysis on the existing MUD water system. This report showed that based on current requirements from Fort Worth and TCEQ, the existing system could sustain the construction of 1152 homes before an additional elevated storage tank is needed. TCEQ standards require that water systems have a minimum of 200 gallons of storage capacity for every connection and of this amount at least 100 gallons must be elevated. Since the report was issued there has been approximately 250 homes constructed. Since then, BNHS was also been constructed with a connection equivalent of approximately 127 homes. Based on the loan requirements for the Highlands of Trophy Club, a percentage of lot takedowns must be met before a line of credit is extended for Phase II of the development. The elevated storage tank is part of Phase II of this development, and based on discussions with the developer. Funding should be in place in approximately 120 days. With an estimated construction time of 14 months, the elevated storage could be online by the start of the second quarter of 2011. Based on the past construction starts and our future projections, there will be approximately 700 connection equivalents when the tank is complete. 3 Town Council 38 of 118 Meeting Date: October 19, 2009 4 7. 09-405-T Items for Future Agendas No items were added. 8. 09-404-T Mayor's Update regarding training opportunities, educational sessions, and regional meetings. Mayor White provided a brief update on her attendance at the following meetings and events: Incident Command System Training ADJOURN Motion to adjourn made by Sterling, seconded by Wilson. Meeting adjourned at 7:45 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 39 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-446-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/13/2009 Town Council On agenda:Final action:10/19/2009 Title:Staff presentation and update regarding the events planned for the Fall Phantom Festival on October 24, 2009; and discussion of the same. Attachments:Fall_PhantomFest.ppt Action ByDate Action ResultVer. Town Council 40 of 118 Meeting Date: October 19, 2009 109-446-T Version:File #: Title Staff presentation and update regarding the events planned for the Fall Phantom Festival on October 24, 2009; and discussion of the same. Town Council 41 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-418-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/5/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action nominating candidates to the Denton County Appraisal District Appraisal Review Board. Attachments:DCAD Appraisal Review Board.pdf Action ByDate Action ResultVer. Town Council 42 of 118 Meeting Date: October 19, 2009 109-418-T Version:File #: Title Consider and take appropriate action nominating candidates to the Denton County Appraisal District Appraisal Review Board. Body The Board of Directors of the Denton County Appraisal District (DCAD) is requesting candidates for possible appointment to the Appraisal Review Board for possible appointment to the Appraisal Review Board. No citizens have expressed a desire to be nominated. Town Council 43 of 118 Meeting Date: October 19, 2009 Town Council 44 of 118 Meeting Date: October 19, 2009 Town Council 45 of 118 Meeting Date: October 19, 2009 Town Council 46 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-312-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards for Permit Holders, and Providing an effective date. Attachments:HOTEL ORD 2009- Amending Chap 3 - Art XVII - Hotel Regs.pdf Action ByDate Action ResultVer. Town Council8/17/2009 1 Town Council 47 of 118 Meeting Date: October 19, 2009 109-312-T Version:File #: Title Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards for Permit Holders, and Providing an effective date. Body Staff recommends approval. Town Council 48 of 118 Meeting Date: October 19, 2009 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-28 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE XVII, ENTITLED “HOTEL REGULATIONS”, TO CHAPTER 3 ENTITLED “BUILDINGS AND CONSTRUCTION” REQUIRING HOTEL PERMITTING AND PROVIDING STANDARDS FOR HOTEL PERMIT HOLDERS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF ARTICLE XVII AS AN ADDITION TO CHAPTER 3 OF THE CODE OF ORDINANCES BY PROVIDING DEFINITIONS; REQUIRING A HOTEL PERMIT; PROVIDING GUEST REGISTRATION REQUIREMENTS; PROVIDING HOTEL PERMIT STANDARDS; PROVIDING REGULATIONS FOR INSPECTIONS, REINSPECTIONS AND CERTIFICATES OF OCCUPANCY; PROVIDING FOR APPEALS; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH VIOLATION AND A SEPARATE OFFENSE SHALL EXIST FOR EACH DAY OR PART OF A DAY THAT A VIOLATION EXISTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUS; PROVIDING SEVERABILITY; PROVIDNG FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, is a home rule Town acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution, and Chapter 9 of the Local Government Code; and WHEREAS, Chapter 341 of the Texas Health and Safety Code (the "Code") establishes minimum standards of sanitation and health protection within certain industries; and WHEREAS, Section 341.081 of the Code and Section 51.072 of the Local Government Code permit a home-rule municipality to enact equivalent or more stringent standards than those set forth in Chapter 341 of the Code; and WHEREAS, the Town Council desires to amend Chapter 3 of the Town Code of Ordinances by adopting Article XVII requiring a Hotel Permit for all hotels (as defined herein) operated in the Town of Trophy Club and to enact more stringent standards than those set forth in Chapter 341 of the Code for the purpose of promoting the public health, safety, and welfare. Ordinance 2009-28 (File 312) Town Council 49 of 118 Meeting Date: October 19, 2009 WHEREAS, the Town Council has determined that the regulations set forth below and adopted as Article XVII of Chapter 3 of the Code of Ordinances of the Town serves the health, safety and welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENTS 2.01 Chapter 3 entitled “Buildings and Construction” of the Code of Ordinances of the Town of Trophy Club is hereby amended to add Article XVII entitled “Hotel Regulations” so that Article XVII of Chapter 3 of the Code of Ordinances of the Town shall be and read in its entirety as follows: “Article XVII Hotel Regulations Section 17.01 Definitions For the purpose of this Article, the following words and phrases have the meanings respectively ascribed to them by this Section: A. Bathroom: An enclosed space or spaces containing one or more toilets, lavatories, bathtubs, showers, or any combination of fixtures serving similar purposes. B. Building Codes: All International or Uniform Codes and local amendments thereto adopted by the Town of Trophy Club as part of the Town’s Code of Ordinances, including without limitation, the National Electric Code, International Building Code, International Fire Code, International Mechanical Code, International Plumbing Code, and International Fuel Gas and Energy Conservation Code, which were in effect at the time of construction of the building in question. C. Building Official: The Chief Building Official of the Town or his designated representative. D. Certificate of Occupancy: A certificate issued by the Building Official authorizing occupancy. Ordinance 2009-28 (File 312) Town Council 50 of 118 Meeting Date: October 19, 2009 E. Designee: The Town Manager's designee or delegated staff or duly authorized representative of the Town. This term shall include, but is not limited to Code Enforcement Officers, Building Official, Fire Inspector, Health Officer, employee of Department of Community Development and other authorized departments of the Town. F. Extermination: The control and elimination of insects, rodents, and vermin. G. Garbage: Refuse, animal or vegetable wastes (as from a kitchen or food processing facility), ashes, or other household waste which is damp or capable of emitting odors. H. Guest: Any person hiring or occupying a room for sleeping purposes in a hotel. I. Guest Room or Rooms: Any room or rooms used or intended for use by a guest for sleeping purposes in a Hotel, including single rooms and suites. J. Hot Water: Water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit. K. Hotel: Any building containing Guest Rooms in which members of the public obtain sleeping accommodations for consideration. The term includes a hotel, Motel, lodging house, rooming house, tourist court, bed and breakfast, or inn in the Town having six (6) or more Rooms where transient Guests are fed or lodged for pay. L. Hotel Room or Room(s): Shall mean Guest Room or Rooms as defined in this section. M. Infestation: The presence within or contiguous to a dwelling unit of insects, rodents, vermin or other pests. N. Let or Let for Occupancy: To permit, provide or offer possession or occupancy of a Hotel Room, dwelling unit, rooming unit, building, premise or structure by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license. O. Litter: Garbage, Refuse, Rubbish, and all other waste material deposited on the ground or in any place other than in an approved garbage receptacle. Ordinance 2009-28 (File 312) Town Council 51 of 118 Meeting Date: October 19, 2009 P. Manager: Any person who manages the business operations of any Hotel, whether a resident manager or general property manager, whose duties may include the collection of nightly charges, issuing of keys, direction of maintenance and other personnel, assigning of Rooms to Guests, handling guest affairs, and/or overseeing security in addition to other general duties involved with operating a Hotel. Q. Motel: Shall mean Hotel as defined in this section. R. Occupant: Any person sleeping, eating in, or having actual possession of a Guest Room. S. Operator: Any Person who is the proprietor of any Hotel whether in the capacity of the owner, lessee, receiver, sub-lessee, franchisee, mortgagee in possession, or the agent of any of the aforementioned, who offers or accepts payment for Rooms, Guest Rooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of the dwelling units or Room(s). T. Owner: Any Person having a legal or equitable interest in the Hotel property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the agent or representative of any such person, the guardian of the estate of any such Person, and/or the executor or administrator of the estate of such Person if ordered to take possession of real property by a court. U. Permit Department: The department operated and maintained by the Town of Trophy Club that is responsible for acceptance and review of permit applications and the issuance of permits. V. Person or Persons: An individual, corporation, nonprofit corporation, association, church, organization, society, joint venture, or any other legal entity, including their employees, contractors, agents, members, heirs, executors, administrators, assigns and representatives. W. Plumbing: Gas pipes, fuel supply lines, toilets, lavatories, sinks, laundry tubs, catch basins, wash basins, bathtubs, shower baths, waste sewer pipes and sewage systems, septic tanks, drains, vents, traps, and any other fuel-burning or water-using fixtures and appliances, private fire hydrants, and all connections to water, waste, sewer, or gas pipes. X. Potable Water: Water duly approved as satisfactory and safe for drinking by the water utility department serving the Town. Ordinance 2009-28 (File 312) Town Council 52 of 118 Meeting Date: October 19, 2009 Y. Refuse: All putrescible and nonputrescible solid waste (except body waste) including, but not limited to, Garbage, Rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. Z. Rubbish: Nonputrescible solid waste consisting of either combustible or noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. AA. Substandard Building: A building which, by reason of faulty construction, age, or lack of maintenance or repair, fails to meet the minimum property standards imposed by applicable provisions of the state and local regulations, including without limitation, the Town’s ordinances regulating buildings and the International Property Maintenance Code, as amended. BB. Utility Company: The entity providing gas, electric service, water or sanitary sewer to a Hotel. Section 17.02 Hotel Permit A. It shall be unlawful for any Person to own, operate, manage or maintain a Hotel in the Town of Trophy Club without a current and valid Hotel Permit having been issued for said Hotel. Any Person owning, operating, managing or maintaining a Hotel at more than one location shall obtain a Hotel Permit for each separate location. B. The annual fee for a Hotel Permit shall be Seventy-Five Dollars ($75.00) plus Ten Dollars ($10.00) per Guest Room, or as otherwise set forth in the Town’s Fee Ordinance. In the event of a conflict between this Article and the Town’s Fee Ordinance, the latter shall control. C. An applicant for a Hotel Permit shall file with the Permit Department a written application upon a Town form provided for that purpose. Such application shall be signed by either the Owner, or the Manager of the Hotel for which the Permit is sought. Should a Person own a Hotel at more than one (1) location, a separate application shall be filed for each location. The following information shall be required in the application: 1. Trade Name of Hotel 2. Address of Hotel 3. Telephone Number of Hotel 4. Name of Owner 5. Address of Owner Ordinance 2009-28 (File 312) Town Council 53 of 118 Meeting Date: October 19, 2009 6. Telephone number of: (1) non-resident owner, (2) property manager and/or resident manager, (3) mortgagee (if there is a mortgage against property) 7. Names and addresses of all registered agents in case the parties above named are corporations 8. Number of rooms, broken down as to number of suites, king, queen, or other designations D. An Owner of a Hotel shall also provide the Permit Department with a list of any and all trade names under which such Owner operates. E. The Building Official may, at any time, require the Owner or Manager to provide additional information that the Building Official determines reasonably necessary to clarify items or supplement information provided on the application for Hotel Permit. F. A Hotel Permit shall be effective from January 1 to December 31 of each calendar year. The Owner or Manager of a Hotel shall apply for a new Hotel Permit each calendar year, completing a new application and obtaining a new Hotel Permit within two months prior to the expiration of the existing Hotel Permit. G. In the event that a new Hotel is constructed, the Owner or Manager shall submit an application for a Hotel Permit at the same time that a Certificate of Occupancy application is submitted. A final inspection for Certificate of Occupancy will not be completed until an application for a Hotel Permit has been submitted and reviewed. Upon approval of the final inspection for the new Hotel, the Certificate of Occupancy and Hotel Permit shall then be issued. H. Upon a change in ownership of a Hotel, a new Certificate of Occupancy must be obtained within thirty (30) days of such change of ownership by filling out the appropriate application and paying the appropriate fee to the Permit Department at the Town of Trophy Club municipal offices. Once processed, the Building Official will inspect the Hotel, and upon approval of the Certificate of Occupancy inspection, shall transfer the Hotel Permit to the new Owner. The new Owner must apply for each subsequent annual Hotel Permit in accordance with the timeline set forth in Subsection F above. I. The Owner shall also notify the Town in writing of a change of Manager within thirty (30) days of the date of such change. J. A Hotel Permit issued pursuant to this Article shall be posted and displayed in the Hotel in a conspicuous place to which guests have access. Ordinance 2009-28 (File 312) Town Council 54 of 118 Meeting Date: October 19, 2009 K. A replacement Hotel Permit may be issued for one lost, destroyed or mutilated upon application on the form provided by the Permit Department. A replacement Hotel Permit shall have the word “Replacement” stamped across its face and shall bear the same number as the one it replaces. L. A Hotel Permit is neither assignable nor transferable except where such transfer is approved by the Town in conjunction with the issuance of a new Certificate of Occupancy and approved inspection granted to a new Owner. Section 17.03 Guest Registration Requirements A. Each Owner, Operator, or Manager shall cause to be maintained a complete register for each Person to whom any Room at a Hotel is let. The register shall be made available to the Building Official upon request and shall contain the following information for guests of the Hotel: 1. Correct name and permanent address, designating street and number, city, state and country; 2. Actual dates of occupancy indicating check-in-time, checkout time and room number; 3. Number of individuals staying in the room. B. Register records shall be maintained for a period of two (2) years for each Person who lets any Room at a Hotel. Section 17.04 Hotel Permit Standards It shall be a violation of this Article for an Owner, Operator, or Manager to recklessly cause, allow, suffer or permit a violation of any one or more of the following provisions of this Article and to fail to remedy such violation in accordance with a written notice issued by the Building Official: A. The Hotel premises, including without limitation all common interior areas and all exterior areas, and all Hotel Rooms shall comply with all applicable state laws and Town ordinances, including without limitation, all Building Codes, health, zoning and other applicable Codes and all requirements imposed by this Article. B. Protection of Materials. All wood shall be protected against termite damage and decay as provided in the Code of Ordinances of the Town. C. Ventilation in Guest Rooms. All Guest Rooms shall be provided with either natural ventilation or mechanical ventilation that meets or exceeds the following criteria: Ordinance 2009-28 (File 312) Town Council 55 of 118 Meeting Date: October 19, 2009 1. Natural Ventilation. All Guest Rooms shall be provided with natural ventilation by means of screened exterior openings which are capable of being opened. Such openings shall have an area of not less than one-twentieth (1/20) of the floor area of the Guest Room with a minimum of five (5) square feet; or 2. Mechanical Ventilation. If a mechanical ventilation system is provided in lieu of natural ventilation the ventilation system shall be capable of providing two (2) air changes per hour in all Guest Rooms and in public corridors. One-fifth (1/5) of the air supply shall be taken from outside of the Hotel. D. Ventilation in Other Areas. In Bathrooms, water closet compartments, laundry rooms and similar rooms a mechanical ventilation system connected directly to the outside, capable of providing five (5) air changes per hour, shall be provided. E. Bathroom Requirement, Conditions, and Cleanliness. Every Guest Room shall be provided with a bathroom equipped with facilities consisting of at least a toilet, a sink, and either a bathtub or a shower. All bathroom fixtures (e.g. toilet, bathtub, sink, shower, mirror) shall be maintained without cracks, chips, or stains. Floors shall be washed with water and a sanitizer at change of occupancy or at least once a week when occupancy does not change. Daily cleaning schedules shall be in writing and maintained in the Manager's office. F. Room Separation. Every water closet, bathtub or shower required by this Article shall be installed in a Room which will afford privacy to the Occupant. A Room in which a water closet is located shall be separated from food preparation or storage rooms by a tight-fitting, self-closing door. G. Plumbing Requirements. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of potable water supply and provided with hot and cold running water necessary for its normal operation. All plumbing fixtures shall be of an approved glazed earthenware type, stainless steel, or of a similarly nonabsorbent material. Wooden sinks or sinks of similarly absorbent material shall not be permitted. H. Installation and Maintenance. All sanitary facilities shall be installed and maintained in safe and sanitary condition and in accordance with all applicable laws. The Owner or Operator shall ensure that water service is provided at all times. It is an affirmative defense to this section that it is impossible to provide water services because of an act of God. Ordinance 2009-28 (File 312) Town Council 56 of 118 Meeting Date: October 19, 2009 I. Water Heating Equipment. Every Guest Room shall be equipped with water heating equipment and facilities which shall be maintained in good working order, which shall be connected with Utility Company water lines and shall be capable of heating water to such a temperature as to permit at all times an adequate supply of Hot Water to be drawn at every sink, lavatory basin, and bathtub or shower at a temperature of not less than one hundred ten (110) degrees Fahrenheit. J. Egress Required. In all lodging establishments, there shall be provided a safe and unobstructed means of egress leading to safe and open space at ground level. When an unsafe condition exists through lack of, or improper location of exits, the Building Official, Health Inspector, or Fire Inspector, or their respective designee may require the Owner to install additional exits. K. Heating Facilities Required. Every Guest Room shall be equipped with heating facilities which are capable of safely and adequately heating all Rooms and habitable areas to a temperature of at least sixty-eight (68) degrees Fahrenheit at a distance of three (3) feet above floor level which are operable whenever necessary to maintain said temperature. L. Cooling Facilities Required. Every Guest Room shall be equipped with cooling facilities which are capable of safely and adequately cooling all Rooms and habitable areas to a temperature of at least Eighty (80) degrees Fahrenheit. M. Heating Appliance Requirements. Where fuel burning appliances are installed and properly vented, said appliances shall be rigidly connected to their fuel supply outlets and securely installed to avoid accidental displacement. Heating appliances which are connected to their fuel supply lines and which are not connected to exhaust vents that will safely exhaust carbon monoxide fumes to the outdoors are prohibited. No person shall replace an existing appliance without first obtaining the proper permit(s) issued by the Permit Department and without allowing the work to be inspected by the Building Official if a permit for that work is required. N. Carpet Condition/Cleanliness. Carpeting shall be free of stains, holes, rips or odors in excess of normal wear and tear, and maintained in a sanitary, non-defective condition. O. Floor Condition/Cleanliness. Non-carpeted floor surfaces shall be made of nonabsorbent material. All surfaces and tile grouting shall be maintained without cracks, rips or missing elements. Ordinance 2009-28 (File 312) Town Council 57 of 118 Meeting Date: October 19, 2009 P. Wall Condition/Cleanliness. Wall and ceiling surfaces shall be maintained without spots, stains, flakes, chips, holes. etc., and be maintained in a clean and sanitary condition. Q. Mold/Mildew. All surfaces, including carpeting and flooring, and fixtures shall be free from mold and mildew. R. Electrical Equipment. For the purpose of this Article, electrical equipment shall include furniture items installed by the Owner, Operator or Manager, including televisions, lamps, etc. All electrical items must be properly maintained and must be in operable condition. S. Furniture Condition. All furniture items shall be maintained in proper working condition, without defects, chips, holes, etc. T. Shades, draperies or blinds shall be appropriately hung to cover all windows and appropriate light fixtures. All shades, draperies, blinds, shall be free of stains, holes, rips or odors in excess of normal wear and tear, and shall be maintained in a sanitary, non-defective condition. U. Sanitation. All Hotel Rooms shall be thoroughly cleaned and provided with clean and sanitary sheets, towels and pillowcases upon a change of occupancy, or at least once a week when occupancy does not change. Daily cleaning schedules shall be in writing and shall be maintained in the Manager’s office. V. General Conditions. The exterior and interior Hotel premises shall at all times be maintained in a good condition free from Rubbish, Garbage, Refuse, and Litter. W. Windows. All windows designed to be opened shall be operable and have an operable window security or locking device. All window panes shall be properly maintained and not broken. X. Door locks. All Rooms are required to be outfitted with exterior electronic/magnetic locks for guests to gain access to their rooms or by locks that meet with the approval of the Building Official. All locks must comply with state and local laws. Y. Security bars. If any security bars are installed over windows or doors, the bars shall be equipped with approved release mechanisms which are operable from inside the Room without the use of a key, card, or combination. The release mechanisms for such bars shall not require any special knowledge or effort to operate. Ordinance 2009-28 (File 312) Town Council 58 of 118 Meeting Date: October 19, 2009 Z. Wells. All wells, cesspools, and cisterns shall be securely covered or securely closed. AA. Sidewalks, etc. All sidewalks, ramps, bridges, parking lots, stairs and steps shall be properly maintained and shall comply with applicable Town Ordinances. BB. Fences. All fences and screening fences shall be properly maintained and shall comply with applicable Town ordinances. CC. Parking Lots. All parking lots shall be properly maintained and shall comply with applicable Town Ordinances. All parking markings and fire lane markings shall be legible and maintained in accordance with applicable laws. An Owner or Operator shall ensure that Guests do not use parking lots or Hotel premises for the storage of heavy load, tractor trailers, or heavy equipment. DD. Insect Treatment Required. All Hotel premises shall be free from Infestation and shall be treated for the extermination of insects at least once a year by a State of Texas licensed exterminator. EE. Rodent, Insects, and Vermin. All Hotel premises shall be maintained so that they are free from Infestation of rodents, insects, and vermin and free from conditions that encourage or harbor rodents, insects, and vermin. Section 17.05 Inspections, Re-inspections and Certificate of Occupancy A. The Owner, Operator, and Manager as a condition to the issuance of the annual Hotel Permit required by this Article, shall consent and agree to permit and allow the Town’s Building Official to make the following inspections of the Hotel when and as needed to ensure compliance with this Article: 1. Right and access to inspect all portions of the Hotel premises and structures located on the Hotel premises that are not Guest Rooms. This includes all storage areas, community buildings, swimming pools, athletic facilities, club rooms, equipment rooms and all other portions of the facilities not constructed as Guest Rooms, upon reasonable advance verbal or written notice being given to the Owner, Operator or Manager. 2. Right and access to inspect all unoccupied Guest Rooms upon giving reasonable verbal or written notice to the Owner, Operator or Manager. 3. Right and access to inspect all occupied Guest Rooms when, upon receipt of reliable information, the Building Official has reason to believe Ordinance 2009-28 (File 312) Town Council 59 of 118 Meeting Date: October 19, 2009 4. Annually, the Owner, Operator or Manager shall make all Guest Rooms in the Hotel available for inspection by the Building Official. The Building Official and the Owner, Operator and Manager shall agree on a reasonable date and time for each annual inspection. In the event the parties cannot agree on an inspection time, said annual inspection shall occur within fourteen (14) days of the anniversary date of the application for the Hotel Permit. B. The Building Official, may enforce the provisions of the Article, upon presentation of proper identification to the Occupant in charge of any unit, and may enter, with the Occupant’s permission, any Guest Rooms between the hours of 8:00 a.m. and 5:00 p.m.; provided, however, that in cases of emergency where extreme hazards are known to exist which may involve imminent injury to persons, loss of life or severe property damage, the Building Official may enter the aforementioned Guest Rooms at any time and the requirement for presentation of identification and the Occupant’s permission shall not apply. Whenever the Building Official is denied admission to inspect any Guest Room or Hotel premises under this provision, inspection shall be made only under authority of a warrant issued by a magistrate authorizing the inspection. In applying for such a warrant, the Building Official shall submit to the magistrate an affidavit setting forth his belief that a violation of this Article exists with respect to the place sought to be inspected and the reasons for such belief. Upon a finding of probable cause by a magistrate, a warrant shall issue, and such warrant shall constitute authority for the Building Official to enter upon and inspect the Hotel premises or portion thereof described therein. C. In the event any of the inspections authorized in this Article require a second reinspection due to noted violations, a $47.00 (Forty-Seven Dollar) reinspection fee or such other reinspection fee as designated in the Fee Schedule adopted by the Town shall be paid prior to the second reinspection. In the event of a conflict in the amount due specified under this Article and the Town’s Fee Schedule, the amount set forth in the Town’s Fee Schedule shall control. D. Certificate of Occupancy / Non Exclusive Remedies If the Owner, Operator or Manager fail to comply with the terms of this Article within thirty (30) days after receipt of written notice from the Building Official setting out the number and nature of violations of this Article and/or state law and the time allowed to rectify such violations, the Owner’s Certificate of Occupancy may be revoked and the Hotel Permit authorized by this Article may be cancelled. Failure to comply may also result in the Owner, Operator, or Manager being issued Class C Misdemeanor citations Ordinance 2009-28 (File 312) Town Council 60 of 118 Meeting Date: October 19, 2009 for such violations in accordance with Section 17.07 of this Article. Additionally, the Building Official may notify any and all Utility Companies serving the Hotel that the Hotel’s certificate of occupancy has been revoked and request that all public utility services be discontinued. The remedies set forth in this Article are not exclusive. The Town may exercise all legal rights and remedies available to it under State law, this Article, or any other Ordinance of the Town of Trophy Club, both criminal and civil in nature and whether at law or in equity. E. Reinstatement. Any person requesting a reinstatement or reissuance of the Certificate of Occupancy shall be required to apply for and receive a new Hotel Permit issued under this Article as a condition precedent to the reissuance or reinstatement of the Certificate of Occupancy. Section 17.06 Appeals to the Town The Owner, Operator, or Manager of a Hotel subject to this Article may appeal any decision or order of the Building Official to the Town Council of the Town of Trophy Club, Texas. Such appeal shall be filed at the Office of the Town Secretary, shall be in writing, and shall specifically state the basis for the appeal from the decision or order of the Building Official. An appeal under this section shall be filed within five (5) working days (Monday through Friday), excluding holidays, after the decision or order appealed from has been issued in writing by the Building Official, shall be filed during regular business hours and shall be submitted by the appellant on a form supplied by the Town Secretary. Within thirty (30) days after receiving the written appeal, the Town Secretary shall fix a date, time and place for the hearing of the appeal by the Town Council, which may be held at a regular or special called meeting of the Council. Written notice of the date, time and place of the hearing shall be given to each appellant by the Town Secretary, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his address shown on the written appeal. Failure of any person to file an appeal in accordance with the provisions of this Article shall constitute a waiver of such Person’s right to a hearing by the Town Council, and such failure shall render the decision or order of the Building Official as final. Orders of the Building Official are stayed pending appeal. Ordinance 2009-28 (File 312) Town Council 61 of 118 Meeting Date: October 19, 2009 Section 17.07 Penalty Any Owner, Operator, or Manager who intentionally, knowingly, or recklessly violates any one or more of the provisions of this Article shall, upon conviction in Municipal Court, be guilty of a Class C Misdemeanor for which a fine of not less then One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00) shall be assessed, and a separate offense shall be deemed committed for each day or part thereof during or on which a violation occurs or continues to exist. Fines assessed hereunder shall be in addition to and cumulative of all other remedies allowed at law or in equity, including without limitation, nuisance abatement, injunctive relief, civil suit, and/or collection of damages.” SECTION 3. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting hotels and hotel regulations which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Ordinance 2009-28 (File 312) Town Council 62 of 118 Meeting Date: October 19, 2009 Ordinance 2009-28 (File 312) SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter and state law. SECTION 8. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 28th day of September, 2009. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Lisa Hennek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 63 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-419-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/5/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action regarding a Resolution accepting the Energy Efficiency and Conservation Block Grant (EECBG) Program allocation under the American Recovery and Reinvestment Act (ARRA); and providing an effective date. Attachments:Texas Comptroller Information.pdf Preliminary Reporting Requirements Overview.pdf Notice of Intent.pdf Res. 2009-xx (FILE ID 419) .pdf Action ByDate Action ResultVer. Town Council 64 of 118 Meeting Date: October 19, 2009 109-419-T Version:File #: Title Consider and take appropriate action regarding a Resolution accepting the Energy Efficiency and Conservation Block Grant (EECBG) Program allocation under the American Recovery and Reinvestment Act (ARRA); and providing an effective date. Body Staff recommends approval. Town Council 65 of 118 Meeting Date: October 19, 2009 Town Council 66 of 118 Meeting Date: October 19, 2009 Town Council 67 of 118 Meeting Date: October 19, 2009 Town Council 68 of 118 Meeting Date: October 19, 2009 Town Council 69 of 118 Meeting Date: October 19, 2009 Town Council 70 of 118 Meeting Date: October 19, 2009 Town Council 71 of 118 Meeting Date: October 19, 2009 Town Council 72 of 118 Meeting Date: October 19, 2009 Town Council 73 of 118 Meeting Date: October 19, 2009 Town Council 74 of 118 Meeting Date: October 19, 2009 Town Council 75 of 118 Meeting Date: October 19, 2009 Town Council 76 of 118 Meeting Date: October 19, 2009 Town Council 77 of 118 Meeting Date: October 19, 2009 Town Council 78 of 118 Meeting Date: October 19, 2009 Town Council 79 of 118 Meeting Date: October 19, 2009 Town Council 80 of 118 Meeting Date: October 19, 2009 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2009- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ACCEPTING THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) PROGRAM ALLOCATION UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA); AND PROVIDING AN EFFECTIVE DATE. Whereas, Congress passed the American Recovery and Reinvestment Act (ARRA) of 2009 and the President signed it into law on February 17th, 2009, to stimulate the economy and create jobs; and Whereas, ARRA included $3.2 billion in funding for the Energy Efficiency and Conservation Block Grants (EECBG) Program authorized in Title V, Subtitle E of the Energy Independence and Security Act (ETSA) and signed into law on December 19, 2007; and Whereas, the purpose of the EECBG program is to, 1) reduce fossil fuel emissions in a manner that is environmentally sustainable, and to the maximum extent practicable, maximizes benefits for local and regional communities; 2) to reduce the total energy use of eligible entities; and, 3) to improve the energy efficiency in the building sector, the transportation sector and other appropriate sectors; and Whereas, the Town of Trophy Club, is a city/county with limited financial resources and desires to support the development of energy efficiency programs; and Whereas, the Town of Trophy Club, accepts its allocation and may also accept additional funds that may become available at a later date; and Whereas, the Town of Trophy Club, has developed or is interested in developing a EECBG project, which is sustainable and has measurable energy savings, job creation and economic stimulus effects into the city/county; and Whereas, the Town of Trophy Club, is determined to support energy efficiency projects that leverage federal funds with other public and private resources, including coordinated efforts involving other Federal programs targeting community development; and Whereas, the Town of Trophy Club, Texas, intends to comply with all agreed upon contractual requirements of ARRA, the EECBG program and other federal and state law. Town Council 81 of 118 Meeting Date: October 19, 2009 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town of Trophy Club, Texas, through the Town Manager, pursue all EECBG funding made available through ARRA and being allocated by the State Energy Conservation Office to be used to assist in reaching the city’s/county’s goals of energy efficiency. Section 2. The Town of Trophy Club, Texas, continue its commitment toward energy efficiency for the citizens of Trophy Club and all of Texas. Section 3. This Resolution shall become effective upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 19th day of October, 2009. ___________________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Town Council 82 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-444-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/12/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action regarding the enforcement of House Bill No. 55 relating to the offense of using cell phones in school zones. Attachments:HB55.pdf Action ByDate Action ResultVer. Town Council 83 of 118 Meeting Date: October 19, 2009 109-444-T Version:File #: Title Consider and take appropriate action regarding the enforcement of House Bill No. 55 relating to the offense of using cell phones in school zones. Body Staff is requesting Council's for direction regarding installation of signage. The cost for signage is approximately $550.00. Town Council 84 of 118 Meeting Date: October 19, 2009 Town Council 85 of 118 Meeting Date: October 19, 2009 Town Council 86 of 118 Meeting Date: October 19, 2009 Town Council 87 of 118 Meeting Date: October 19, 2009 Town Council 88 of 118 Meeting Date: October 19, 2009 Town Council 89 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-443-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/12/2009 Town Council On agenda:Final action:10/19/2009 Title:Update regarding the Cost of Election Services with Tarrant County, for the November 3, 2009 Park Bond Election. Attachments:Estimated Cost prior to Re-evaluation.pdf Tarrant Election Contract Nov 2009 Park Bond.pdf Action ByDate Action ResultVer. Town Council 90 of 118 Meeting Date: October 19, 2009 109-443-T Version:File #: Title Update regarding the Cost of Election Services with Tarrant County, for the November 3, 2009 Park Bond Election. Body On October 9, 2009 Tarrant County Elections Administrator, Steve Raborn advised that he spoke with Mayor White on Wednesday about the Town's election costs. Tarrant County re-evaluated a few things related to the Town's one day of early voting and reduced the cost estimate for that day. Tarrant County also agreed to charge only 25% of the full time early voting site at Southlake (rather than 50%). The Town's new cost estimate approximately $3,900, changing the deposit amount to $2,900. Finance sent the check in the original amount on October 7, 2009. Tarrant County will apply the entire amount and after the election, if the deposit is greater than the actual costs, Tarrant County will refund the difference. Staff recommends approval. Town Council 91 of 118 Meeting Date: October 19, 2009 CONTRACT FOR ELECTION SERVICES ELECTION DATE: November 3, 2009 POLITICAL SUBDIVISION: Town of Trophy Club Election Day Cost Multiplier = 0.0013 ACTUAL # OF ELECTION DAY POLLS: 1 BILLED # OF ELECTION DAY POLLS: 0.5 Cost Election Election Your Your Category Units or Description Per Unit Estimate Actual Estimate Actual EARLY VOTING BY PERSONAL APPEARANCE (EVPA) EXPENSES: EVPA polling place personnel $229,000.00 $0.00 $3,400 $0.00 EVPA temporary support staff $68,400.00 $0.00 $975 $0.00 EVPA supply kits $3,040.00 $0.00 $40 $0.00 EVPA PC cart components $3,900.00 $0.00 $75 $0.00 EVPA JBCs $4,095.00 $0.00 $79 $0.00 EVPA eSlates $21,850.00 $0.00 $380 $0.00 EVPA DAU eSlates $4,485.00 $0.00 $86 $0.00 EVPA polling place rentals/custodial $9,600.00 $0.00 $0 $0.00 EVPA polling place telephone lines $3,000.00 $0.00 $75 $0.00 EVPA furniture rentals $2,520.00 $0.00 $60 $0.00 EVPA correspondence & postage $103.00 $0.00 $3 $0.00 EVPA parking meter expenses $0.00 $0.00 $0 $0.00 Early Voting Ballot Board personnel $3,800.00 $0.00 $5 $0.00 OTHER: training materials $410.00 $0.00 $10 $0.00 OTHER:$0.00 $0.00 $0.00 OTHER:$0.00 $0.00 $0.00 Category Subtotal $354,203 $0.00 $5,188 $0.00 EARLY VOTING BY MAIL (EVM) EXPENSES: EVM ballots $1,200.00 $0.00 $2 $0.00 EVM envelopes & supplies $1,200.00 $0.00 $2 $0.00 EVM ballot postage $1,800.00 $0.00 $2 $0.00 EVM correspondence & postage $150.00 $0.00 $0 $0.00 EVM Ballot Now PCs $200.00 $0.00 $0 $0.00 OTHER:$0.00 $0.00 $0 $0.00 OTHER:$0.00 $0.00 $0 $0.00 OTHER:$0.00 $0.00 $0 $0.00 Category Subtotal $4,550 $0.00 $6 $0.00 ELECTION DAY (ED) EXPENSES: ED polling place personnel $308,800 $0.00 $411 $0.00 ED temporary support staff $80,000 $0.00 $106 $0.00 ED ballots $75,000 $0.00 $100 $0.00 ED supply kits 80 $30,080 $0.00 $40 $0.00 ED eScan units 155 $58,280 $0.00 $78 $0.00 ED standard voting booths 5 $11,280 $0.00 $15 $0.00 ED JBCs 105 $39,480 $0.00 $53 $0.00 ED eSlates 95 $0 $0.00 $0 $0.00 ED DAU eSlates 115 $43,240 $0.00 $58 $0.00 ED Rally Station PCs 25 $225 $0.00 $0 $0.00 ED polling place rentals/custodial $19,810 $0.00 $26 $0.00 ED furniture rentals $3,800 $0.00 $5 $0.00 OTHER: Rally Station Phone Lines $400 $0.00 $1 $0.00 OTHER: Rally Station Facility Rentals $700 $0.00 $1 $0.00 OTHER: $0 $0.00 $0 $0.00 Category Subtotal $671,095 $0.00 $893 $0.00 Town Council 92 of 118 Meeting Date: October 19, 2009 Town of Trophy Club page 2 Cost Election Election Your Your Category Units or Description Per Unit Estimate Actual Estimate Actual GENERAL EXPENSES OF ELECTION Rental Vehicles $40,000 $0.00 $53 $0.00 Fuel expenses $4,500 $0.00 $6 $0.00 Mileage expense $0 $0.00 $0 $0.00 Chair rental for Training Center $0 $0.00 $0 $0.00 Publication of Legal Notices $35 $0.00 $0 $0.00 Postage/Shipping $2,200 $0.00 $3 $0.00 Audio recordings $600 $0.00 $1 $0.00 Language translations $0 $0.00 $0 $0.00 Communication equipment rental $0 $0.00 $0 $0.00 Elections Department staff overtime $40,000 $0.00 $53 $0.00 Voting system vendor site support $0 $0.00 $0 $0.00 Training materials $1,500 $0.00 $2 $0.00 OTHER: $0 $0.00 $0 $0.00 OTHER: $0 $0.00 $0 $0.00 OTHER: $0 $0.00 $0 $0.00 OTHER: $0 $0.00 $0 $0.00 Category Subtotal $88,835 $0.00 $118 $0.00 TOTAL ELECTION EXPENSES ELECTION SUBTOTAL:$1,118,683 $0.00 $6,205 $0.00 County Election Services Contract Administration Fee (10%) $111,868 $0.00 $620 $0.00 TOTAL COST OF ELECTION: $1,230,551 $0.00 $6,825 $0.00 ADVANCE DEPOSIT REQUIRED $5,200 Town Council 93 of 118 Meeting Date: October 19, 2009 Town Council 94 of 118 Meeting Date: October 19, 2009 Town Council 95 of 118 Meeting Date: October 19, 2009 Town Council 96 of 118 Meeting Date: October 19, 2009 Town Council 97 of 118 Meeting Date: October 19, 2009 Town Council 98 of 118 Meeting Date: October 19, 2009 Town Council 99 of 118 Meeting Date: October 19, 2009 Town Council 100 of 118 Meeting Date: October 19, 2009 Town Council 101 of 118 Meeting Date: October 19, 2009 Town Council 102 of 118 Meeting Date: October 19, 2009 Town Council 103 of 118 Meeting Date: October 19, 2009 Town Council 104 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-428-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/7/2009 Town Council On agenda:Final action:10/19/2009 Title:Consider and take appropriate action regarding the ratification of an amendment to the contract between the Town and Halff Associates for engineering services related to the Trophy Club Pedestrian/Bicycle Sidewalk Project. Attachments:Halff Addendum No 1.pdf Action ByDate Action ResultVer. Town Council 105 of 118 Meeting Date: October 19, 2009 109-428-T Version:File #: Title Consider and take appropriate action regarding the ratification of an amendment to the contract between the Town and Halff Associates for engineering services related to the Trophy Club Pedestrian/Bicycle Sidewalk Project. Body TxDOT notified the Town that the parent drop-off was included in the original scope of work and budget would not be funded. The drop-off is considered a transportation element and not a pedestrian element. We met with the engineering team and decided that the funds previously allocated for the drop-off would be best utilized for construction of additional sidewalks to Byron Nelson High. TxDOT has agreed to the proposed addition. The amendment to the Engineering Services Contract is for the additional survey work required as a result of these changes. Staff Recommends that the Council ratify the Amnedment as written. Town Council 106 of 118 Meeting Date: October 19, 2009 Town Council 107 of 118 Meeting Date: October 19, 2009 Town Council 108 of 118 Meeting Date: October 19, 2009 Town Council 109 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-445-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/12/2009 Town Council On agenda:Final action:10/19/2009 Title:Items for Future Agendas Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Town Council 110 of 118 Meeting Date: October 19, 2009 109-445-T Version:File #: Title Items for Future Agendas Town Council 111 of 118 Meeting Date: October 19, 2009 1. Item to receive a report from Town Manager Emmons regarding the sound barrier issues on the east side and conversations with TXDOT, and discussion of same. (Wilson) 2. Consider and receive input for regarding options to improve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom - 4/21/08) 3. Item to receive a report from Town Manager Emmons regarding an update on the Comprehensive Land Plan. (Edstrom - 10/20/08) 4. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson) 5. Consider and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09) 6. Item to receive a report from Town Manager Emmons regarding option to alleviate the congestion of games/practices on the baseball and the parking issues. (Wilson added May 6, 2009) 7. Item to reevaluate and expand the scope of the Tree Board in reference to beautification. (Wilson added on August 17, 2009) 8. Item after FY08-09, Considering future EMS negotiations. (Wilson added on August 17, 2009) 9. Council goals and objectives. (Edstrom added on August 17, 2009) 10. Item to receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), NH8. (Wilson added on September 28, 2009) Town Council 112 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-442-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/9/2009 Town Council On agenda:Final action:10/12/2009 Title:Mayor's Update regarding training opportunities, educational sessions, and regional meetings. Attachments: Action ByDate Action ResultVer. Town Council 113 of 118 Meeting Date: October 19, 2009 109-442-T Version:File #: Title Mayor's Update regarding training opportunities, educational sessions, and regional meetings. Body Mayor White provided a brief update on her attendance at the following meetings and events: - October Chamber Luncheon - Motel Six Grand Opening - Tarrant County Precinct 3 United Way Fundraiser - TCWC Garage Sale - Roanoke Days - NCP Meeting - Metroport Cities Partnership Meeting - Official Dedicatoin of the Byron Nelson High School Town Council 114 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-447-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/13/2009 Town Council On agenda:Final action:10/19/2009 Title:Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation With Attorney," on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act for the purpose of receiving legal advice regarding interlocal and regional contracts. Attachments: Action ByDate Action ResultVer. Town Council 115 of 118 Meeting Date: October 19, 2009 109-447-T Version:File #: Title Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation With Attorney," on a matter in which the duty of the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act for the purpose of receiving legal advice regarding interlocal and regional contracts. Town Council 116 of 118 Meeting Date: October 19, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-448-T Name: Status:Type:Agenda Item Regular Session File created:In control:10/13/2009 Town Council On agenda:Final action:10/19/2009 Title:Discuss and take appropriate action relative to Executive Session Item 09-447. Attachments: Action ByDate Action ResultVer. Town Council 117 of 118 Meeting Date: October 19, 2009 109-448-T Version:File #: Title Discuss and take appropriate action relative to Executive Session Item 09-447. Town Council 118 of 118 Meeting Date: October 19, 2009