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Agenda Packet TC 09/14/2009Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, TX 76262 Svore Municipal Building Boardroom6:00 PMMonday, September 14, 2009 Call to order and announce a quorum. 1.09-350-T Budget Discussion. (6:00 to 7:00 P.M.) 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." 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. 2.09-377-T Police Chief Kniffen to recognize and introduce the members of the Citizens on Patrol. 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. Town Council 1 of 84 Meeting Date: September 14, 2009 September 14, 2009Town Council Meeting Agenda 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) Staff Report - Council.pdf Application.pdf NH 1 PH 1C-2 Page 1.pdf NH 1 PH 1C-2 Page 2.pdf Amended Plat Regulations.pdf Attachments: 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. Ord 2009-XX Amending FY 2009-10 Budget-Election.pdfAttachments: 5.09-348-T Consider and take appropriate action regarding Minutes dated August 3, 2009. August 3, 2009 Minutes.pdfAttachments: 6.09-347-T Consider and take appropriate action regarding Minutes dated August 17, 2009 August 17, 2009 Minutes.pdfAttachments: 7.09-349-T Consider and take appropriate action regarding Minutes dated August 24, 2009. August 24, 2009 Minutes.pdfAttachments: PUBLIC HEARING 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. 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". 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. 2009-10 SRO NISD Agreement.pdfAttachments: Town Council 2 of 84 Meeting Date: September 14, 2009 September 14, 2009Town Council Meeting Agenda 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 approving the terms and conditions of the Contract. Denton Election Contract Nov 2009 - Town of Trophy Club.pdf Denton Early Voting Location.pdf Election Annex A -Town of Trophy Club110309.pdf Attachments: 12.09-351-T Consider and take appropriate action regarding a Resolution adopting the National Incident Management System (NIMS). National Incident Management System (NIMS). Res. 2009 - NIMS.pdfAttachments: 13.09-360-T Consider and take appropriate regarding the setting of a new date for the Council's strategic planning workshop. 14.09-358-T Items for Future Agendas Items for Future Agendas.pdfAttachments: 15.09-354-T Mayor's Update regarding training opportunities, educational sessions, and regional meetings. ADJOURN 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, September 10, 2009 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Lisa Hennek Town Secretary, TMRC 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 3 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-350-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/25/2009 Town Council On agenda:Final action:9/14/2009 Title:Budget Discussion. (6:00 to 7:00 P.M.) Attachments: Action ByDate Action ResultVer. Town Council 4 of 84 Meeting Date: September 14, 2009 109-350-T Version:File #: Title Budget Discussion. (6:00 to 7:00 P.M.) Body Town Council 5 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-377-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/8/2009 Town Council On agenda:Final action:9/14/2009 Title:Police Chief Kniffen to recognize and introduce the members of the Citizens on Patrol. Attachments: Action ByDate Action ResultVer. Town Council 6 of 84 Meeting Date: September 14, 2009 109-377-T Version:File #: Title Police Chief Kniffen to recognize and introduce the members of the Citizens on Patrol. Town Council 7 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-340-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/24/2009 Town Council On agenda:Final action:9/14/2009 Title: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) Attachments:Staff Report - Council.pdf Application.pdf NH 1 PH 1C-2 Page 1.pdf NH 1 PH 1C-2 Page 2.pdf Amended Plat Regulations.pdf Action ByDate Action ResultVer. Planning & Zoning Commission9/3/2009 1 Town Council 8 of 84 Meeting Date: September 14, 2009 109-340-T Version:File #: Title 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) Body The applicant, Jacobs Engineering, on behalf of the property owner High Trophy Development, L.P., requests to amend the final plat for this development which was approved by the Town Council on January 7, 2008. The intended purpose of the amended plat is to correct an error in the Owners Dedication statement in which the incorrect subdivision was listed on the original plat. The original plat stated “Neighborhood 2 - Phase 1A” in the Owners Dedication. The amended plat corrects the Owners Dedication to state “Neighborhood 1, Phase 1C-2”. Town of Trophy Club regulations require that plat clerical errors must be corrected by an amended plat brought before the Planning and Zoning Commission for recommendation to the Town Council. Staff recommends approval. Town Council 9 of 84 Meeting Date: September 14, 2009 TOWN COUNCIL STAFF REPORT September 14, 2009 Case No. AP-09-016 Amended Plat Neighborhood 1, Phase 1C-2 SUBJECT: CONSENT AGENDA: Discussion and take appropriate action regarding a request for approval of an amended plat for Neighborhood 1, Phase 1C-2 located in The Highlands at Trophy Club. Applicant: Jacobs on behalf of High Trophy Development, L.P. (AP-09-016) PURPOSE: The applicant, Jacobs Engineering, on behalf of the property owner High Trophy Development, L.P., requests to amend the final plat for this development which was approved by the Town Council on January 7, 2008. The intended purpose of the amended plat is to correct an error in the Owners Dedication statement in which the incorrect subdivision was listed on the original plat. The original plat stated “Neighborhood 2 – Phase 1A” in the Owners Dedication. The amended plat corrects the Owners Dedication to state “Neighborhood 1, Phase 1C-2”. Town of Trophy Club regulations require that plat clerical errors must be corrected by an amended plat brought before the Planning and Zoning Commission for recommendation to the Town Council. STAFF REVIEW AND RECOMMENDATION: Staff has reviewed the amended plat for compliance with Town ordinances and regulations and has determined that it is complete and ready for Planning and Zoning Commission and City Council agendas for consideration. Staff recommends approval. PLANNING AND ZONING COMMISSION RECOMMENDATION: On September 3, 2009, the Planning and Zoning Commission held a regular meeting to discuss this item. The Commission made the following motion: Commissioner Sheridan made a motion recommending approval to the Town Council of the amended plat for Neighborhood 1, Phase 1C-2. The motion was seconded by Commissioner Ashby. Ayes: Hill, Stephens, Reed, Sheridan, Forest, Ashby, Davidson Nays: None Action: 7-0, Approved Town Council 10 of 84 Meeting Date: September 14, 2009 Attachments: Application Plat Amended Plat Regulations from Chapter 12–Subdivision Rules and Regulations ‘ Town Council 11 of 84 Meeting Date: September 14, 2009 To w n Co u n c i l 12 of 84 Me e t i n g Da t e : Se p t e m b e r 14 , 20 0 9 Town Council 13 of 84 Meeting Date: September 14, 2009 Town Council 14 of 84 Meeting Date: September 14, 2009 To w n Co u n c i l 15 of 84 Me e t i n g Da t e : Se p t e m b e r 14 , 20 0 9 To w n Co u n c i l 16 of 84 Me e t i n g Da t e : Se p t e m b e r 14 , 20 0 9 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-359-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/28/2009 Town Council On agenda:Final action:9/14/2009 Title: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. Attachments:Ord 2009-XX Amending FY 2009-10 Budget-Election.pdf Action ByDate Action ResultVer. Town Council 17 of 84 Meeting Date: September 14, 2009 109-359-T Version:File #: Title 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. Body 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 overageis a result of publication and translation requirements for a Charter Election. Original Budget 2008-09 $12,235 Amendment 11,427 Amended Budget 23,752 Staff recommends approval. Town Council 18 of 84 Meeting Date: September 14, 2009 TOWN OF TROPHY CLUB ORDINANCE NO. 2009-XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT (BUDGET AMENDMENT NO. 2); PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2008-2009 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council appropriated funds for election expenses based upon prior year experience; and WHEREAS, on March 9, 2009 Town Council approved Ordinance 2009- 07 calling for a special election proposing twenty-two Town Charter amendments, including nineteen amendments proposed as a result of a citizen petition, special election proposing a binding referendum as authorized by the Town Charter to abolish Municipal Utility District No. 2, and a special election authorizing the sale of a certain portion of parkland located at Harmony Park in addition to the general election held for three (3) seats on the Town Council; and WHEREAS, the cost of providing the Town election exceeded the amount available in the Town Manager’s Office budget for Election expenses; and WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend one specific line item due to the unforeseen situation that occurred with the Town election expenses and which impacted the line item specified below; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit “A”, will serve in the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose ORDINANCE NO. 2009-XX 1 Town Council 19 of 84 Meeting Date: September 14, 2009 serves best interests of the taxpayers, is necessary and warrants action at this time; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2008-2009 Budget is hereby amended to fund the line items as stated in Exhibit “A”, a copy of which is attached hereto and incorporated herein. This Amendment No. 2 (Exhibit “A”) to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2008- 2009 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the second budget amendment that has occurred since the October 1, 2008 effective date of the Town’s Fiscal Year 2008-2009 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2008-2009 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORDINANCE NO. 2009-XX 2 Town Council 20 of 84 Meeting Date: September 14, 2009 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 14th day of September, 2009. _______________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] _______________________________ Town Attorney Town of Trophy Club, Texas ORDINANCE NO. 2009-XX 3 Town Council 21 of 84 Meeting Date: September 14, 2009 ORDINANCE NO. 2009-XX 4 Exhibit “A” Town of Trophy Club Budget Amendment No. 2 Fiscal Year 2008-2009 General Fund Expenditure Budget Increase of $11,427 for election expenses associated with a May 2009 Town election. Original Budget Amendment Amended Budget Election $ 12,325 $ 11,427 $ 23,752 Town Council 22 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-348-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/25/2009 Town Council On agenda:Final action:9/14/2009 Title:Consider and take appropriate action regarding Minutes dated August 3, 2009. Attachments:August 3, 2009 Minutes.pdf Action ByDate Action ResultVer. Town Council 23 of 84 Meeting Date: September 14, 2009 109-348-T Version:File #: Title Consider and take appropriate action regarding Minutes dated August 3, 2009. Body Town Council 24 of 84 Meeting Date: September 14, 2009 REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 3, 2009 at 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 3, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Glenn Strother 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 Danny Thomas Fire Chief Adam Adams Parks and Recreation Director Mayor White called the Council to order and announced a quorum at 6:04 P.M. BUDGET WORKSHOP (6:00 - 7:00 P.M.) 1. Budget Discussion (6:00 - 7:00 P.M.) According to Section 9.02 of the newly amended Town Charter, Town Manager Emmons submitted a proposed budget and accompanying message before the first day of August. At the direction of Council the draft document provides for a balanced budget that provides the same level of services and does not raise taxes. Emmons explained that this is not the finished document. According to Section 9.05, of the newly amended Town Charter, the Council shall provide to the Town Manager goals for the next fiscal period, by the end of January of the current fiscal year and the Council shall review the proposed budget and revise it as deemed appropriate prior to general circulation for public hearing. Realizing that the amendment change happened during the May 2009 Election; Town Manager Emmons explained that management was working with stringent timelines in order to provide a document consistent to rules of the Charter. Council requested that Parks be added as on an area of focus as noted on the Council Priority Questionnaire. Town Council 25 of 84 Meeting Date: September 14, 2009 Finance Director Kathy DuBose suggested that the Street Maintenance and Storm Drainage funds be separated out from the General Fund. DuBose stated that the County has until August 7, 2009 to certify Appraisal Records. Mayor White requested staff cleanup the priority list and then redistribute to the Council so that they may rank their top five priorities. Town Manager Emmons said that the draft document is a mix of policy and issues. For example, the Council will need to appropriate funds for independent Counsel as it relates to the Ethics Commission. Town Manager Emmons asked the Council if staff was on the right track and if the items currently budgeted are indeed the priorities of this Council. Council member Wilson does not understand how staff got to this level of completion. Wilson said that she is unable to sanction everything this budget is proposing as her items/issues have not yet been addressed. Town Manager Emmons responded that the draft document presented is required under the Charter, and follows the amendments passed on Proposition #19. Emmons stated that the draft budget presented is based on Council’s Priority Questionnaire which reaffirmed what the Management team had already started working towards and subsequent revisions based on the compilation of Council’s results. Emmons cautioned the Council that individually they might not feel their priorities have been met. Council member Rose stated that the Town Manager is to present a budget document, which has occurred and now the Council has to go to work and determine how the Council’s priorities were met in the document. Mayor Pro Tem Sterling was very happy and impressed with the document and stated this has been a four year revolution. During Sterling’s first year, Council developed the entire budget and then directed Town Manager Emmons to bring Council a balanced budget for the next fiscal year. Each year the budget process has improved. Sterling reiterated the Council’s direction to Town Manager Emmons last year to come back with a balanced budget, no tax increase and a priority list as developed by the Management team for Council to consider. Council discussed the language in the Manager’s letter and Council member Strother suggested changing the third paragraph from ‘it meets Council’s priorities’ to ‘it strives to meet Council’s priorities.’ Strother reminded the Council that the document presented is a draft which the Council now has the responsibility to work through with staff. The Council has to decide how to accomplish providing, continued quality service without raising taxes. Council member Edstrom referenced the details provided on page 13 that will help the Council manage the merits. Edstrom said that good projections are needed for the five-year Capital Improvement Program and suggested the Council consider a packaged bond regarding the parks and streets rather than individual bonds. Mayor White requested the staff clean up the Council Priority Questionnaire so that Council could rank their top five. Town Attorney Adams clarified that the Council should send an email of their rankings to Town Emmons only to stay compliant with the Open Meetings Act. Council member Rose confirmed that this is not the Council’s budget. It is, as per the Charter requirements, the Town Manager’s document and staff expects Council to make changes. Council took a brief recess and reconvened at 7:15 P.M. Council member Wilson offered the Invocation. Mayor White led the Pledges. 2 Town Council 26 of 84 Meeting Date: September 14, 2009 Citizen Presentations: Robert Medigovich, 2010 California Crossing Dallas, TX 75220 – Representative from Community Waste Disposal (CWD), requested the Council consider allowing CWD to submit a comprehensive proposal. Jeff Janak, 5 Greenleaf – Requested Council support the November Bond Election. CONSENT AGENDA Motion made by Edstrom, seconded by Wilson to approve the Consent Agenda, Items 2 – 6. Motion passed unanimously without any discussion 2. Consider and take appropriate action to approve Minutes dated, July 18, 2009. 3. Consider and take appropriate action to approve Minutes dated, July 20, 2009. 4. Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club, and designating Kathy DuBose, Finance Director as the Liaison. 5. Consider and take appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club PID #1 Emergency Services (PID O & M), and designating Kathy DuBose, Finance Director as the Liaison. 6. Consider and take appropriate action regarding the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club PID (I&S), and designating Kathy DuBose, Finance Director as the Liaison. REGULAR SESSION 7. Mayor White to make a statement regarding minimum requirements for placing items on the agenda; discussion of the same. Mayor White stated that in order for the Council to make informed decisions it is important to have the necessary information / backup for the agenda. Mayor White said that from this point on, the item will be pulled from the agenda if missing adequate backup and explanation. Statement only, no action taken. 8. Consider and take appropriate action regarding an extension of the deadline for submission of applications to serve on Town boards and commissions. Mayor White stated that 17 applications have been received for 20 expiring terms. Providing the Council appoints all applicants as they have applied, the Tree Board will still have two vacancies and ZBA one alternate vacancy. Quorum issues will exist only for the Tree Board, should all five, current Tree Board members not be able to attend a meeting, 3 Town Council 27 of 84 Meeting Date: September 14, 2009 Staff is recommending extending the deadline for applications at least through the end of August. Boards will interview the beginning to mid September and bring recommendations to Council at their September 28, 2009 Regular Session Meeting with appointments beginning October 2009. Motion made by Edstrom, seconded by Wilson/Rose to extend the deadline through the end of August. Motion passed unanimously without further discussion. 9. Consider and take appropriate action regarding the third quarter financial and variance report dated: a. June 2009 Motion made by Edstrom, seconded by Sterling to approve third quarter financial and the June variance report dated June 2009. Town Manager Emmons stated that the June 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. Council member Edstrom thanked the staff for their initiative to cut costs in order so that there was not a budget shortfall. Motion passed unanimously without further discussion. 10. Consider and take appropriate action regarding the Town’s Mission Statement. The Town of Trophy Club's current Mission Statement current reads: "Trophy Club strives to differentiate itself as a premier cohesive community and not just a collection of nondescript housing projects. This requires that it incorporate schools, churches, gathering places, sports, recreation, and neighborhood retail services into an aesthetically pleasing living environment.” Council member Rose compared the City of Austin’s Vision Statement to the Town’s current Mission Statement Motion made by Rose, seconded by Wilson to replace the Mission Statement with Vision and Council priorities. Council member Edstrom stated the Mission statement presented by Council member Rose came from the Vision 2008 Commission. Edstrom does not feel that she is in the position to vote on anything tonight as the last vision planning session was last November. Edstrom commented that the Vision statement should be short and concise and the Mission statement should mirror the Council’s goal. A workshop is scheduled for October to work the Mission and Visions. Council member Wilson agreed with Edstrom and that Council needs more time to discuss and develop a new Mission Statement. Council member Strother concurred and said that the current mission statement might be a working model that drives staff. Council member Rose amended his motion, to remove the current mission statement and for Council to work on the development of a new one in the October workshop. The second agreed. Motion passed unanimously without further discussion. 4 Town Council 28 of 84 Meeting Date: September 14, 2009 11. Consider and provide input concerning the possibility of a November parks and recreation bond election and potential projects. Mayor White read that Denton County is conducting a Constitutional Amendment Election in November; therefore the Town would contract with the County. The deadline to call the Election is September 2, 2009. Parks Board Member JD Stotts introduced the Bond sub-committee: Jose Duron, Neil Twomey, Larry Letzner, Barbie Kadow, Laura Venator and Joe Boclair. Parks Board Member Joe Boclair made a presentation and proposed a bond election to the Council. Council requested a copy of the new presentation made by the Committee. Council member Edstrom encouraged the Bond Committee to work with Town Manager Emmons and staff. Edstrom stated that this Bond Election has to include the expansion of the pool. Bond sub-committee member Larry Lentzer said that the Committee kept this bond package at a manageable size considering the economic times. Mayor White thanked the Committee for a presentation well done and confirmed that there would be enough room for the pool expansion and the spray park should that be desired. Town Manager Emmons explained that the projects would be phased based on the community needs. The Town is fully funded for the engineering and when the bond is issued, the Town will have to ensure that there is enough I & S debt to cover the expense. This is dependent on how the money is pledged. Council member Strother asked if the committee considered user fees. Mr. Larry responded that user fees would not be necessary with a bond and a Levy. Additionally, as the Highlands build out the burden would lessen. Edstrom stated that user fees are addressed every year during budget and she opposed every year. User fees bring in only approximately $7,000 which is a nit compared to what it costs to operate the pool. User fees will only prohibit a child from being able to participate. Edstrom said Council needs to consider this as part of the Town’s vision and mission statement. Council member Wilson said that the sub-committee’s presentation exemplifies what Trophy Club is all about and that this is a great idea to put it to the citizens for a vote. Mr. Letzner thanked staff for their help. Jose Duron, 11 Lake Circle Drive - Spoke in favor of the Bond Election. Dean Murray, 505 Glen Hurst Court - Spoke in favor of the Bond Election. Input only, no action taken. 12. Consider and provide input regarding the creation of a Code of Conduct/Ethics and the establishment of an Ethics Commission and discuss and take appropriate action necessary to implement same, including the adoption of an ordinance. In accordance to the passing of Proposition #21 which passed in the May 2009 Charter Amendment Election the Town Council shall adopt a Code of Conduct/Ethics Ordinance and establish an Ethics Commission. 5 Town Council 29 of 84 Meeting Date: September 14, 2009 Mayor White spoke to the draft Ordinance provided by staff, stating that she has a lot of questions and suggests the Council set up a sub-committee. Council member Edstrom does not supports a small sub-group. Edstrom commented the Council needs to decide and debate this Ordinance collectively. Edstrom referenced Section 5, and that the Ethics Commission should act much like ZBA and meet only when necessary. Under Section 7, Edstrom feels if the complaint is determined baseless the respondent can recoup legal fees for the false complaint. Mayor White believes the Town should protect Council members and cover legal fees. Council members should not incur personal expense from complaints. Council member Rose asked what source documents staff used for their preparatory work. Town Manager Emmons responded that staff reviewed 20 different Ethics Ordinances and pulled prevailing themes from those into a draft provided to Council. The draft was forwarded to Town Attorney Adams for legal review. Council member Rose commented that San Antonio has a good Ethics Ordinance and he supports a sub-committee of three. Mayor Pro Tem Sterling agrees with the overall theme of the redlined changes. Mayor White referenced page 77saying that some of the Whereas Clauses seem open for interpretation. Council member Rose questioned why Town Manager Emmons would exempt employees from the Ethics Commission. Town Manager Emmons explained that the employees fall prevue to the Town’s Personnel Policies which has a section governing ethics. Not exempting the employees from the Ethics Commission would usurp the Personnel Policies. Council member Wilson stated that the Proposition amendment does not exempt the employees. Town Attorney Adams advised that the ballot language stayed consistent with the Charter and the Council-Manager form of government. The Town Manager has control over all employees with the exception of the three appointed by the Council. Mayor Pro Tem Sterling disagrees with a sub-committee. Council member Strother feels that staff has enough input to revise the draft. Council member Edstrom added that the Ethics Commission is a recommending body and that the Council has the authority to remove people from Boards and Commissions. Assistant Town Manager Seidel commented that Management has ethics provisions within their professional associations. Council discussed whether to include employees in the Ethics Ordinance as employees fall prevue to the Town Manager under the Council/Manager form of government. Bob Radder, 1 Lee Court – Stated that he did not support this amendment and suggested the Council review the Constitutional & Statutory Duties of the State Ethic Commission. Town Manager Emmons was directed to re-examine the sanction, the majority of vote, gifts and the red- lined changes suggested by Council member Edstrom. Input only, no action taken. 13. Consider and take appropriate action regarding a Resolution to approve the placement of a proposal to adopt a 2009 Tax Rate on the September 28, 2009 Town Council Public Meeting 6 Town Council 30 of 84 Meeting Date: September 14, 2009 Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY09-10 Budget. Mayor White stated that the Property Tax Code specifies when a proposed rate exceeds the rollback rate or the effective rate, whichever is lower, the taxing unit’s governing body, other than for a small taxing unit, a water district or a school district, must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. The Proposed 2009-10 Budget is funded with a proposed tax rate of $.45551 / $100 (O&M .37389, .08162). The overall proposed tax rate represents no change from the current year. Although this proposed rate is below the rollback rate, it is above the effective tax rate and requires two separate public hearings. Mayor White read the following into 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, Public Hearings on a tax increase will be held on August 24, 2009 and September 14, 2009. Motion made by Sterling, seconded by Edstrom to approve a Resolution approving the placement of a proposal to adopt a 2009 Tax Rate on the September 28, 2009 Town Council Public Meeting Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY09-10 Budget. Council member Strother and Edstrom clarified that $.45551 is the cap. Bob Radder, 1 Lee Court – Supports employee merits and COLAs as a way to keep good employees. Scott Voigt, 540 Timber Ridge - Supports employee merits and COLAs as a way to keep good employees. Council discussed the potential for a tax increase in order to allow for possible issues as the budget review is not yet complete. Council member Strother amended the motion to change the proposed tax rate, setting the cap at $0.47. The amendment failed 3:3, with Mayor White, Mayor Pro Tem Sterling and Council member Wilson opposing and Council members Strother, Sterling and Rose voting for. The original motion failed 3:3 with Mayor White, Mayor Pro Tem Sterling and Council member Wilson opposing and Council members Strother, Sterling and Rose voting for. Council member Strother said that EDC 4B is trying to promote business so that the Council does not have to raise taxes. Some citizens want more service but they do not want to pay more in taxes. Strother said that setting the cap at $0.47 provides the Council some flexibility as they continue to work through the budget. Town Manager Emmons said that although he has presented the Council with a balanced budget there are some items Council still needs to consider. Council member Wilson and Mayor Pro Tem Sterling agreed that if the Council truly does not want to raise taxes they need to be committed to cutting costs. The unfortunate reality is that some people do not have a job right now. Town Attorney Adams advised the budget schedule is very tight and Council does have to take action tonight. Mayor White said that she is very unhappy with this budget process and feels that staff has manipulated the Council, thus by the presented budget that keeps getting pushed upon them. 7 Town Council 31 of 84 Meeting Date: September 14, 2009 Town Manager Emmons explained that the management team discussed salary increases and the vehicles replacement plan. The management team, collectively decided what they felt was more important; the resources or the salary increases. Additionally, for the past several years the Council has been working towards a program based budget, providing direction to staff so that the Council is not mired down in the details. Council member Strother reminded the Council that approval does not set the tax rate, but does allow some flexibility. Motion made by Strother, seconded by Rose to approve a Resolution approving the placement of a proposal to adopt a 2009 Tax Rate on the September 28, 2009 Town Council Public Meeting Agenda as an action item, and announce a Public Hearing date regarding the adoption of the FY09-10 Budget, proposing the tax rate at 47 cents. Motion passed 5:1, with Mayor White, Mayor Pro Tem Sterling and Council members Strother, Edstrom and Rose voting for and Wilson opposing. 14. Present and discuss 2009 Certified Appraisal Records and Effective/Rollback Tax Rate Calculations. As noted during the Budget Discussion the certified Appraisal Records were not yet available from the County. Mayor White said that she has specific questions and will get with the Finance Director later to discuss. Discussion only - no action taken. 15. Consider and take appropriate action regarding an Agreement for Animal Euthanasia /Disposal Services with a private contractor, Brian Hall, d/b/a/ Brian The Animal Guy. Last year, the Town contracted with “Brian the Animal Guy” to perform euthanasia services for the Town. His service has been very good and conforms to the statutory requirements regarding disposal of the remains of an animal that has been chemically euthanized. Although the need is nominal, Management recommends extending the contract with Mr. Hall to furnish animal euthanasia/disposal services when the need occurs. Motion made by Edstrom, seconded by Strother to approve an Agreement for Animal Euthanasia/Disposal Services with a private contractor, Brian Hall, d/b/a/ Brian The Animal Guy. Motion passed unanimously without further discussion. 16. Consider and take appropriate action regarding a Resolution casting the Town's vote for one candidate to serve the DENCO Area 9-1-1 District, and providing an effective date. The DENCO Area 9-1-1 District requests that each participating city vote for one of the candidates and advise the district of its selection prior to 5:00 p.m. September 9, 2009. Nominees are Olive Stephens and Bob Radder. Motion made by Sterling, seconded by Rose casting the Town's vote for Radder to serve the DENCO Area 9-1-1 District. Bob Radder, 1 Lee Court – Asked the Council for their support. 8 Town Council 32 of 84 Meeting Date: September 14, 2009 Motion passed unanimously without further discussion. 17. Consider and take appropriate action regarding a Resolution casting the Town’s allocated vote (1) for a candidate to serve as a member of the Denton Central Appraisal District Board of Directors. Trophy Club PID #1 Emergency Services is allocated one vote. Nominee is John W. Mitchell. Motion made by Strother, seconded by White casting the Town’s (1) allocated vote for John W. Mitchell to serve as a member of the Denton Central Appraisal District Board of Directors. Motion passed unanimously without further discussion. 18. Consider and take appropriate action regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. Section 11.12 of the Town Charter authorizes the Council to adopt an ordinance to renumber and rearrange all articles, sections and paragraphs of the Charter and any amendments thereto as Council deems appropriate. The re-ordering of the Charter may not change the meaning or effect of any part of the Charter. The Council previously adopted an ordinance putting the Charter amendments adopted at the May, 2009 election into effect. The proposed ordinance provides for renumbering and re-lettering of portions of Article III, Article V, and Article VI of the Charter that are already in effect. The proposed re- ordering does not change the meaning of the Charter or any portion thereof. As discussed at the last Council meeting, two examples for formatting of the text have been provided for Council review. Example 1 is a clean copy without redline and Example 2 is the redline document using strike through and bold to show changes. Motion made by Edstrom, seconded by Sterling to approve an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election as provided in Example 1. Council member Rose gave a presentation comparing Examples 1 and 2 to ‘monkeys versus elephants.’ Council member Edstrom suggested that Legal clarify the Editor’s note. Council member Edstrom withdrew her motion and the second agreed. No action taken. 19. Council to draw for place assignment; discussion of same. Based on the Charter Amendments Election, Proposition #4 Council needs to draw for place assignment. Council members Rose and Wilson will draw for Places 1 and 2. Places 1 and 2 will be up for re-election in 2011 and thereafter the Mayor and Places 1 and 2 will be elected to three year terms. Council member Edstrom, Sterling and Strother will draw for Places 3, 4 and 5. Places 3, 4 will be up for re-election in 2010 for a two year term. Place 5 will be up for re-election in 2010 for a three year term. Thereafter, Places 3, 4 and 5 will be elected to three year terms. PLACES: Place 1 – Bill Rose Place 2 – Kathleen Wilson 9 Town Council 33 of 84 Meeting Date: September 14, 2009 10 Place 3 – Susan Edstrom Place 4 – Philip Sterling Place 5 – Glenn Strother Discussion only, no action taken. 20. Items for Future Agendas. Removing #8, Code of Ethics, reference Item 12. An Ordinance regulating Hotel Regulations will come before Council on August 17, 2009. Mayor White requested an item be added to the August 17, 2009 Agenda to discuss a Ways and Means Committee. Council Member Wilson requested an item be added to the August 17, 2009 to give a report/update on the August 5, 2009 MUD1 Meeting; CONVENED INTO EXECUTIVE SESSION AT 11:55 P.M. 21. Pursuant to Texas Government Code Annotated, Chapter 551, Section 551.074(a)(1) "Personnel Matters", the Council will enter into executive session to deliberate the appointment of a public officer, Mayor Pro Tem. RECONVENE INTO REGULAR SESSION AT 12:05 A.M. 22. Consider and take appropriate action regarding the appointment of Mayor Pro Tem. Motion made by Sterling, seconded by Edstrom to nominate Council member Strother. Motion made by Mayor White, seconded by Strother to nominate Council member Wilson. Motion to appoint Strother as Mayor Pro Tem passed 5:1, with White voting against. ADJOURN Motion made by Sterling, seconded by Rose to adjourn. Meeting adjourned at 12:07 a.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 34 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-347-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/25/2009 Town Council On agenda:Final action:9/14/2009 Title:Consider and take appropriate action regarding Minutes dated August 17, 2009 Attachments:August 17, 2009 Minutes.pdf Action ByDate Action ResultVer. Town Council 35 of 84 Meeting Date: September 14, 2009 109-347-T Version:File #: Title Consider and take appropriate action regarding Minutes dated August 17, 2009 Body Town Council 36 of 84 Meeting Date: September 14, 2009 REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 17, 2009 at 6:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, August 17, 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 Danny Thomas Fire Chief Carolyn Huggins Planning and Zoning Manager Adam Adams Parks and Recreation Director Mayor White called the Council to order and announced a quorum at 6:00 P.M. 1. Budget Discussion (6:00 - 7:00 P.M.) Finance Director Kathy DuBose began the discussion by explaining the effective tax rate and the rollback tax rate. Mayor White stated that the MUDs will be conducting a water rate study. Council members Edstrom and Sterling requested that the MUDs include governmental rates in this study. Finance Director Kathy DuBose explained that the Benchmark Analyst will be responsible for working with each Department to track their performance management measures, cost services analysis (compared to other cities), evaluation performance measures, and tracking the transactions that the Accounts Payable Clerk performs each year. Council member Edstrom stated that the bench mark requirement is based from one of the Charter Amendments passed in May. Edstrom requested that this employee also track how much time they are spending in order to fulfill this new requirement. Town Council 37 of 84 Meeting Date: September 14, 2009 Mayor White and Council member Wilson feel that the Benchmark Analyst responsibilities do not require a full-time employee and might be accomplished with the current staff and/or the Assistant Town Manager. Council member Wilson suggested that the Assistant Town Manager assume the bench mark responsibilities. Town Manager Emmons explained said that the Assistant Town Manager has been assisting with this requirement. The responsibilities of this new position require a full-time employee, dedicated solely to the requirements as defined in the Charter Amendment. Town Manger Emmons explained that the Manager’s Intern compiled the historical data necessary to begin the benchmarking and also began working on standardizing purchases for uniforms and other purchases. Council member Wilson offered that benchmarking might fall under the Ways and Means Commission. Wilson stated she was elected to ask the hard questions and questioned the necessity of the position of Assistant Town Manager as she had a question last Friday and was referred to the Front Desk Receptionist considering the Town Manager and the Assistant Town Manager were both out of the office. Wilson continued that it is not the place of the Front Desk Receptionist to answer her questions. Council member Sterling defended the position of the Assistant Town Manager, especially considering the Economic Development oversight. Sterling does not question this position’s viability. Town Manager Emmons explained that several employees have vacation time that needs to be used before the end of the fiscal year; therefore, it is possible that he and the Assistant Town Manager may be out at the same time. Emmons stated that the employees knew to contact the Assistant Town Manager in an emergency. Emmons asked if Council member Wilson was able to get her question resolved as he was in the office all day today and had not heard from her. Mayor White called the group back to order. Council member Edstrom reminded the Council that each one of them was elected to serve this community. Edstrom commented that the creation of a Ways and Means Committee is taking a step backward as the Town now has a professional staff to perform these functions. The creation of a Ways and Means committee would put unnecessary burden on the staff and the Council needs to consider the effect such Committee would have on staff. Edstrom added that just because the Assistant Town Manager was out on Friday does not mean that this position is irrelevant. Edstrom stated that there are two choices, one to over-burden the current staff in order to satisfy the bench mark requirement, or hire a full-time position in order to satisfy this Charter requirement. Mayor White requested that a list of personnel, funding for each position and job descriptions be provided for the next budget workshop. The Council took a 5 minute break. Invocation offered by Council member Sterling. Pledges led by Finance Director Kathy DuBose. Citizen Presentations: No Citizens addressed the Council. 2. 09-286-T Consider and take appropriate action regarding a request from Municipal Utility District No. 1 to approve a Final Plat of Lots 1-3, Block 1, Municipal Utility District No. 1 Complex (5.400 acres) located at 100 Municipal Drive (FP-09-030) (Presented by Fire Chief Danny Thomas) Staff Report - TC August 17, 2009.pdf 2 Town Council 38 of 84 Meeting Date: September 14, 2009 Town Engineer, Tom Rutledge was in attendance. Planning and Zoning Chairman, Gene Hill provided the case summary. Council member Rose questioned the 1.5 difference in acres in the plat and the owner’s certificate. Town Engineer, Tom Rutledge explained that the difference is netted out due to the right of way. Motion made by Strother, seconded by Edstrom to approve a Final Plat of Lots 1-3, Block 1, Municipal Utility District No. 1 Complex (5.400 acres) located at 100 Municipal Drive (FP-09-030) Motion passed unanimously without further discussion. CONSENT AGENDA Council Member Sterling pulled Item 3. 3. 09-326-T Consent Agenda: Consider and take appropriate action regarding an expenditure of Court Technology funds not to exceed $1,500 for a replacement laptop for the Municipal Court. Council Member Sterling feels this is an unnecessary cost. Town Manager Emmons explained that the purchase is from Court and is in a special earmarked account. This laptop is a special computer and the State is very specific with what the earmarked funds can be used for. Motion made by Edstrom, seconded by Rose to approve an expenditure of Court Technology funds not to exceed $1,500 for a replacement laptop for the Municipal Court. Motion passed unanimously without further discussion. PUBLIC HEARING Public Hearing Opened at 7:23 P.M. 4. 09-287-T Public Hearing regarding changes to the Town of Trophy Club Code of Ordinances, Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses, including without limitation, amending and adopting new regulations affecting accessory structures (ADM-09-003) No citizens addressed the Council. Public Hearing Closed at 7:24 P.M. REGULAR SESSION 5. 09-288-T Consider and take appropriate action regarding an Ordinance amending Chapter 13- Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses of the Code of Ordinances, including without limitation, the adoption of new regulations affecting accessory structures (ADM-09-003) Planning and Zoning Chairman Hill stated that the purpose is to define the height of “one story” as used in Section 5.03 “Accessory Structures and Uses”. On August 6, 2009, by a unanimous vote the Commission recommended approval to the Town Council. 3 Town Council 39 of 84 Meeting Date: September 14, 2009 Council member Rose pointed out an error in the Ordinance. Planning and Zoning Manager Carolyn Huggins noted a correction. Council requested this item come back corrected and placed on the Consent Item at the August 24, 2009 meeting. 6. 09-320-T Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, calling a bond election for various park purposes, to be held within the Town in November, 2009, making provisions for the conduct of the election and other provisions relating thereto. Town Manager Emmons introduced the item, stating the September 2, 2009 is the deadline for Council to call the election. Therefore, Emmons considered Council’s discussion at the last meeting and presented three different options for the Council to choose from. Emmons said his intent in providing the option with a Recreation Center was based on the comments made at the last meeting as well as it allows the Council to discuss the possibilities in the future. Mayor White stated that she has always been in favor of a Recreation Center. However, Mayor White did not realize that by now sitting in the Mayor’s Chair, staff would consider her preference and add as potential ballot language for this election. Parks and Recreation members J.D. Stotts, Joe Boclair and Larry Letzner spoke in favor of the bond election. Council member Edstrom thanked staff for including the Recreation Center in the options as it allows Council to discuss. In light of Council’s fiduciary responsibilities, Edstrom would like more information regarding the Recreation Center before adding to a proposition. Larry Letzner stated that this Bond Committee actually produced a bond package with more information compared to other cities. Additionally, Letzner volunteered this Committee to assume the responsibility of educating the community. Mayor White confirmed that approximately 70% of the Swim Team is from Trophy Club. Council member Edstrom clarified that the Swim Team is fully funded with what they charge in Swim Team fees. Council member Rose was surprised to find the Community Center and Swimming Pool together in the proposed ballot language. A pool and recreation center requires a strong study that cannot be conducted for the November Election. Council member Wilson stated that residents are concerned with the financial economy. Wilson does not think that there has been enough direction to support a pool addition or recreation center. Wilson supports working on the parking issues at Lakeview before addressing the parking issues at Harmony. Kirk Bedinger, 9 Woodland Court – Spoke in favor of the bond election. Pearl Ford, 2 Spring Creek Court – Spoke in favor of the bond election. Wendy Hill, 3 Michelle Court – Spoke in favor of the bond election. Motion made by Wilson, seconded by Rose to approve an Ordinance, with Proposition 1 only, of the Town Council of the Town of Trophy Club, calling a bond election for various park purposes, to be held within the Town in November, 2009, making provisions for the conduct of the election and other provisions relating thereto. Council member Edstrom questioned if the Council was completely comfortable passing an Ordinance without understanding the cost impact and fiduciary responsibilities it may place on the residents. 4 Town Council 40 of 84 Meeting Date: September 14, 2009 Finance Director Kathy DuBose said that the proposal would be an approximate increase of nine cents, based on current valuation and no revenue offset. Council members Edstrom and Sterling requested the Bond Committee combine efforts with staff to educate the residents. Mayor Pro Tem Strother thanked the Committee and all of the residents who showed up in support of this item and said it is a challenge to balance amenities and the tax rate. Strother feels this will help the Town pull in commercial development. Town Attorney Adams questioned if the bond language included a Recreation Center study and advised the Council that once a Bond Election is called, the Town does not have the statutory ability to cancel. Parks Director Adam Adams confirmed that bond language was written with the Recreation Center study. Council members Edstrom and Sterling requested confirmation from Town Attorney Adams and Bond Counsel that the ballot language did indeed include the study. Town Manager Emmons clarified that as a General Obligation Bond, the bond would have to be very specific in order to provide for the construction, acquisition and improvements. Council member Wilson supports putting forth the bond election with or without the studies. Council member Edstrom stated that the inclusion of the study would help the bond pass. Mayor Pro Tem Strother called the vote. Motion passed unanimously without further discussion. Town Council took a brief recess. Town Attorney Adams will confirm with Bond Counsel if the Ordinance can be amended. 7. 09-315-T Consider and take appropriate action regarding the creation of a Ways and Means Committee. Item was sponsored by Mayor White Mayor White suggested the Council discuss implementation of a Ways and Means Committee in order to help draft financial rules and procedures, training and oversight of these polices and she does not feel she has the time to review all of the numbers. Council member Wilson supports the Mayor’s proposal. Council member Rose believes that a Budgeting Board would be a beneficial. Town Attorney Adams explained that under the Town’s Charter there is no difference between a Board and Committee. Town Manager Emmons added that State Law requires Boards be compliant with the Public Information Act and Advisory Groups do not. Emmons said that he is not in favor of another Board as it adds additional work to the staff. The Town has very dedicated qualified employees. The creation of this committee gives the impression that the work product of this professional staff has to be verified by a group prior to submitting to Council and has the potential to be contradictory to staff. As required by the Charter, staff is to present Council with a balanced budget and staff has fulfilled that requirement in the proposed budget. 5 Town Council 41 of 84 Meeting Date: September 14, 2009 Council member Sterling believes that a Ways and Means Committee is yet another level of unnecessary bureaucracy that would place additional work on staff. The fiscal budget is one of Council’s primary roles. The Town has a competent, professional staff responsible for preparing and presenting a draft document, and using a Committee like this would be delegating the Council’s responsibility away. Mayor White stated that it is impossible to evaluate the budget in one hour increments, especially considering staff is asking for a new position of a Budget Analyst. Mayor White expressed frustration that she cannot get the Council together to discuss the budget and that she does not think the Council is adequately reviewing the budget and the spending. Council member Edstrom said that the notion that the Council is not concerned or interested in the budget and/or the budget process is completely inaccurate. Edstrom suggested that this Council review the Manager/Council form of government as it is not the Council’s job to count pencils. Edstrom stated that she has yet to hear one specific question in regards to the budget, and is only hearing that some just do not like it. Council member Wilson stated that Trophy Club is a community driven Town and she does not believe that a Ways and Means Committee affects or hampers the progress of the Town. The Council/Manager form of government allows the Council to provide direction to the Town Manager. In order to provide good direction, Council must ask hard questions. Town Manager Emmons is concerned about finding members willing to commit the time necessary to satisfy what is required under the new bench marking provisions. There are diminishing returns with the creation of a Ways and Means Committee such as added work to staff. Municipal employees already work over 40 hours per week; if they are going on vacation, they tend to work their 40 hours during the first three days. Mayor Pro Tem Strother commented that he would support a Ways and Means Committee, providing it did not take any staff time. However, the reality is that a Ways and Means Committee would require staff time. Over the part 12 years, Strother has seen the Town grow. The Town is fortunate to now have a competent, professional staff, whereas before, the Town had to rely on the community. This community is blessed with very smart residents; however staff is being micro-managed by all of the Committees. Strother is concerned about the extra burden this Committee will have on staff and suggested the Council give clear direction to the staff and reevaluate in three to six months. Town Manager Emmons clarified that staff is asking for budget approval of a Benchmark Analyst, in case staff determines the additional help is needed. In reference to the comments regarding Budget oversight, Emmons’ provided assurance that there are well established processes and procedures that staff is required to comply with. Pearl Ford, 2 Spring Creek Court – Suggested a Task Force rather than Committee. Discussion only, no action taken. 8. 09-317-T Consider and take appropriate action regarding the First Modification of Contract for Water and Wastewater Operational Services. Items 8, 9 and 10 are existing contracts and reflect the MUDs consolidation and name change to TCMUD 1. These contracts were approved by TCMUD 1 on August 5, 2009. Motion made by Edstrom, seconded by Sterling to approve the First Modification of Contract for Water and Wastewater Operational Services. Motion passed unanimously without any discussion. 6 Town Council 42 of 84 Meeting Date: September 14, 2009 9. 09-318-T Consider and take appropriate action regarding the Second Modification of Contract for Water Supply and Wastewater Treatment. Motion made by Edstrom, seconded by Wilson to approve Second Modification of Contract for Water Supply and Wastewater Treatment. Motion passed unanimously without any discussion. 10. 09-319-T Consider and take appropriate action regarding the First Amendment to 2008 Interlocal Cooperation Agreement for Fire Protection Services. Motion made by Sterling, seconded by Edstrom to approve First Amendment to 2008 Interlocal Cooperation Agreement for Fire Protection Services. Motion passed unanimously without any discussion. 11. 09-321-T Consider and take appropriate action regarding a Resolution, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. (The Highlands At Trophy Club); setting a new date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. At the time of posting, Management had not yet received final copies of the Service and Assessment Plan from MuniCap. MuniCap advised that the Service and Assessment Plan will be available on Friday, August 14, 2009. Management will forward to Council upon receipt. Town Manager Emmons said that the rate is contingent on the fire rate which TCMUD 1 will set at a Special meeting on Thursday, August 20th, 2009. Emmons requested the Council defer both Items 12 and 13 to their August 24, 2009 meeting. Item 11 deferred until the August 24, 2009 Special Session. 12. 09-323-T Consider and receive input 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); 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. Lila Marsh and Julie Partain with Vinson & Elkins, LLP confirmed that this item does not require a public hearing, so the only action for Council is to approve the Ordinance. The Service and Assessment Plan for Emergency Services is scheduled for the September 28, 2009 Council meeting. The updated Service and Assessment Plan is placed on this Agenda only for Council's review and discussion. At the time of posting, Management had not yet received the final copy of the Service and Assessment Plan from MuniCap. MuniCap advised that the Service and Assessment will be available on Friday, August 14, 2009. Management will forward to Council upon receipt. No action taken, input only. Item 12 deferred until the August 24, 2009 Special Session. 7 Town Council 43 of 84 Meeting Date: September 14, 2009 13. 09-312-T Consider and receive input regarding an Ordinance establishing and implementing a process for Hotel inspections by adopting a new Article III "Hotel Inspections", of Chapter 6 "Health and Sanitation", of the Code of Ordinances of the Town. Management is continuing to research and revise the proposed Ordinance. Attached is a draft copy that staff will continue to work on over the next several weeks. Staff seeks Council's review and input. Town Manager Emmons said this is the first draft for Council’s review. Management recommends this item be included to the August 24, 2009 Special Session Agenda for action. No action taken, input only. This Item will be brought back on August 24, 2009. 14. 09-313-T Consider and receive input regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. This item was discussed at Council's August 3, 2009 meeting. At that meeting, two examples were provided for Council's review; Example 1 was a clean copy without redline and Example 2 was a redline document using strike through and bold to show changes. Council requested that Legal clarify the Editor’s notes. Attached are all three Examples. Management would like final input from Council and recommends this item be included to the August 24, 2009 Special Session Agenda for action. Council member Rose gave a presentation comparing Example 1 and Example 2 to ‘monkeys vs elephants, part 2.’ No action taken, input only with Council consensus for example 3. 15. 09-310-T Consider and take appropriate action regarding the calling of a Special Council Session on Monday, August, 24, 2009 and subjects for consideration at the meeting. The Town Council needs to hold a Special Session to consider the following items:  Budget Workshop (5 – 7 P.M.)  Public Hearing for the FY09-10 Budget  Consider and take appropriate action regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election.  Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, calling a bond election for various park purposes, to be held within the Town in November, 2009, making provisions for the conduct of the election and other provisions relating thereto.  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); adopting findings and other related provisions; and providing an effective date.  Consider and take appropriate action regarding a Resolution, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club 8 Town Council 44 of 84 Meeting Date: September 14, 2009 9  Consider and take appropriate action regarding an Ordinance amending Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses of the Code of Ordinances, including without limitation, the adoption of new regulations affecting accessory structures (ADM-09-003) (Consent Agenda) Town Attorney Adams requested that the Hotel Ordinance come back at Council’s September 14, 2009 meeting. Motion made by Edstrom, seconded by Strother calling a Special Council Session on Monday, August, 24, 2009 with the above mentioned subjects for consideration at the meeting. Motion passed unanimously without further discussion. 16. 09-324-T Receive a progress report on the Highlands of Trophy Club Public Improvement District #1, discussion and appropriate action regarding same. Town Manager Emmons gave the report. 17. 09-316-T Receive a progress report from Council Member Wilson regarding the August 5, 2009 TCMUD1 Meeting; discussion of same. Council member Wilson gave the report. 18. 09-329-T Items for Future Agenda. Council member Wilson added an item to reevaluate and expand the scope of the Tree Board in reference to beautification and to add another item after this fiscal year to discuss future EMS negotiations. Council member Edstrom asked that Council begin working on their goals and objectives ADJOURN Motion to adjourn made by Sterling, seconded by Rose to adjourn. Meeting adjourned at 11:20 P.M. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 45 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-349-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:8/25/2009 Town Council On agenda:Final action:9/14/2009 Title:Consider and take appropriate action regarding Minutes dated August 24, 2009. Attachments:August 24, 2009 Minutes.pdf Action ByDate Action ResultVer. Town Council 46 of 84 Meeting Date: September 14, 2009 109-349-T Version:File #: Title Consider and take appropriate action regarding Minutes dated August 24, 2009. Body Town Council 47 of 84 Meeting Date: September 14, 2009 SPECAL TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, August 24, 2009 at 5:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Monday, August 24, 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 arrived at 5:40 P.M. 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 Danny Thomas Fire Chief Mayor White called the Council to order and announced a quorum at 5:05 P.M. Mayor White announced that Mayor Pro Tem Strother would be late. 1. 09-331-T Budget Discussion (5:00 - 7:00 P.M.) Town Manager Emmons and Finance Director Kathy DuBose explained the operational changes over the past ten years. Town Manager Emmons stated that the proposed document met Council’s three top priorities; a balanced budget, the same level of service and no tax increase. Council considered the following changes and contingencies to the proposed s document was created: MUD funding for the position of Record’s Manager Officer (RMO) position (The MUDs are considering funding the Receptionist/Administrative Assistant at 100% to offset the 50% for the RMO) Employee Insurance Rates – expected at a 7% increase (Final numbers will be available after Open Enrollment which will be conducted on Wednesday, August 26, 2009) MUD Water Rates for medians and parks might impact the final numbers as well In reference to the above, Staff will provide concrete numbers at Council’s September 14, 2009 meeting. The Council discussed the budget by individual departments. 1 Town Council 48 of 84 Meeting Date: September 14, 2009 Council took a brief recess and reconvened at 7:10 P.M. The Invocation was offered by Police Chief Kniffen. The Pledges were led by Fire Chief Thomas. 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. Bob Radder, 1 Lee Court – Requested the Council adopt a slight tax increase setting the cap at $0.47. 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. 2. 09-288-T Consider and take appropriate action regarding an Ordinance amending Chapter 13- Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses of the Code of Ordinances, including without limitation, the adoption of new regulations affecting accessory structures (ADM-09-003) The Public Hearing for Item 2 was held on August 17, 2009 and one correction was noted. Staff has revised the Ordinance and this Item is ready for approval. Motion made by Edstrom, seconded by Rose to approve an Ordinance amending Chapter 13-Zoning, Article V-Supplementary District Regulations, Section 5.03-Accessory Structures and Uses of the Code of Ordinances, including without limitation, the adoption of new regulations affecting accessory structures (ADM-09-003) Motion passed unanimously without further discussion. PUBLIC HEARING Public Hearing Opened at 7:14 P.M. 3. 09-332-T Town Council to conduct 1st 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 into 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, a second Public Hearing on a tax increase will be held on September 14, 2009 at 7:00 P.M. 2 Town Council 49 of 84 Meeting Date: September 14, 2009 No citizens addressed the Council. Public Hearing Closed at 7:15 P.M. REGULAR SESSION 4. 09-313-T Consider and take appropriate action regarding an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election. This item was discussed at Council's August 3, 2009 meeting. At that meeting, two examples were provided for Council's review; Example 1 was a clean copy without redline and Example 2 was a redline document using strike through and bold to show changes. Council requested that another example be provided clarifying the Editor’s notes. At Council's August 17, 2009 meeting all three examples were presented to Council for consideration. Consensus from Council was to bring back the final Ordinance (Example 3) to the August 24, 2009 Special Session. Council member Rose corrected the following in an email dated Friday, August 21, 2009: Reviewing example three for consistency: in all uses "Editor's Note" and "See Editor's Note X below" should either be underlined or not underlined. "Editor’s Note2:" needs a space between Note and 2. Council would like the Editor’s Note underlined. Motion made by Rose, seconded by Wilson to approve an Ordinance reordering numbers and letters in the Town Charter as a result of Charter amendments adopted at the May, 2009 election using Example 3, using “Editor's Note" and "See Editor's Note”. Motion passed unanimously without further discussion. 5. 09-320-T Receive information from staff regarding the potential issuance of park bonds in the event of a successful November 2009 election, the costs of issuance, impact on operations and maintenance, impact on operations and maintenance tax rate, and interaction with PID projects; provide direction to staff regarding same. Mayor White read the following as was provided in the Council packet: At the August 17, 2009 meeting, the Town Council unanimously approved an ordinance calling a capital projects bond election for November 3, 2009. The attached presentation from the meeting incorporated several items including proposed projects and estimated construction costs, as well as an estimate of associated operations and maintenance costs of bringing the projects on-line when completed. Several steps are necessary between the time of a successful bond election and actually "breaking ground" on a project. One of the initial steps is that of preparing for a bond issuance (selling of bonds). In order for a municipality to sell bonds, we must go through a bond rating process, extensive review by bond counsel of required legal documents, secure approval from the Attorney General of the State of Texas, and secure insurance (if desired). Part of this process includes the preparation of an "Official Statement" by the Town's financial advisor. This document provides historical, demographic, and financial information. Much of the financial information comes from the audited annual financial report for the most current fiscal year. The audit for the 2008-2009 fiscal year should be completed in February, 2010, which should allow us to go through the bond rating process in March, 2010. Once our legal documents are prepared and reviewed, we receive our bond rating, and the Attorney General's approval, we can move forward with the issuance of bonds. 3 Town Council 50 of 84 Meeting Date: September 14, 2009 Key to the process is identifying whether projects will be bid as whole or phased, and if the approved bonds will be sold as one issue or over two or more years. Typically, project(s) that are intended to be completed within 18 to 24 months are included in the original bond issue. How we determine to move forward with the projects and bond issue(s) will have an impact on our bond issuance costs. Those costs include bond counsel legal review, financial advisory services, Attorney General's fee, bond rating fees, and the first year's paying agent fees. Until recently, issuers were not able to pay issuance costs related to a bond offering from proceeds unless the bond election proposition included such language and voters approved. A recent Attorney General's opinion now allows for an issuer to sell bonds at a premium and pay issuance costs from the premium. To insure that bonds are sold at the necessary premium, the Financial Advisor includes the needed amount in the underwriting requirements. The underwriter then prices incorporating the added premium. This process causes the bond interest percentage to adjust upward. In essence, rather than issuing additional debt, the issuance costs are paid through a higher interest rate. Another key issue we will face is the operations and maintenance impact on our ad valorem tax rate. While the state allows a governing body to increase the debt service component of the tax rate to the level necessary to repay bonded debt, there is an annual limit of 8% on the increase in the operations and maintenance (O&M) component before the Town would be subject to a potential rollback election. The O&M costs associated with the bond projects and the estimated time line of bringing those projects "on- line" could cause our O&M tax rate component to exceed the 8% rollback tax rate. In order to ensure that we do not exceed the rollback rate, Council may consider delaying projects or increasing the tax rate over two years in anticipation of the substantial O&M costs. Larry Lentzner, 303 Ridge View Lane – Thanked the Council for their support calling the November Election. Informational only, no action. 6. 09-321-T Consider and take appropriate action regarding a Resolution, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); setting a new date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. Action required by the Council: Review of the Service and Assessment Plan and passage of the Resolution accepting the Service and Assessment Plan for Emergency Services and ordering the notices and public hearing for September 28, 2009. Town Manager Emmons explained two different divisions of the Public Improvement District. One assessment offsets the fire rate since the PID residents are not included in the MUDs and the other assessment retires the debt issued for the Public Improvements. Motion made by Edstrom, seconded by Strother to approve a Resolution, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town of Trophy Club Public Improvement District No. (The Highlands at Trophy Club); setting a new date for a public hearing; authorizing the publication of notice; enacting other related provisions. Town Manager Emmons noted that the reference to TCMUD 2 in the Draft Service Plan has been removed. Motion amended by Edstrom, seconded by Strother to approve with the correction as explained by Town Manager Emmons. Motion passed unanimously without further discussion. 4 Town Council 51 of 84 Meeting Date: September 14, 2009 5 7. 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); 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. Lila Marsh and Julie Partain with Vinson & Elkins, LLP confirmed that this item does not require a public hearing, so the only action for Council is to approve the Ordinance. The Service and Assessment Plan for Emergency Services is scheduled for the September 28, 2009 Council meeting. The updated Service and Assessment Plan is placed on this Agenda only for Council's review and discussion. Motion made by Edstrom, seconded by Wilson 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); adopting findings and other related provisions. Motion passed unanimously without any discussion. ADJOURN Motion to adjourn made by Sterling, seconded by Wilson to adjourn. Meeting adjourned at 7:46 P.M. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 52 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-352-T Name: Status:Type:Agenda Item Public Hearing File created:In control:8/25/2009 Town Council On agenda:Final action:9/14/2009 Title: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. Attachments: Action ByDate Action ResultVer. Town Council 53 of 84 Meeting Date: September 14, 2009 109-352-T Version:File #: Title Town Council to conduct 2nd Public Hearing regardingthe 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. Body Mayor White read the following into 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. Town Council 54 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-353-T Name: Status:Type:Agenda Item Public Hearing File created:In control:8/25/2009 Town Council On agenda:Final action:9/14/2009 Title: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". Attachments: Action ByDate Action ResultVer. Town Council 55 of 84 Meeting Date: September 14, 2009 109-353-T Version:File #: Title 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". Body A recent amendment to the Town Charter includes section "9.05 Council Action on Budget". Item "(b)" in that section states: (b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed appropriate prior to general circulation for public hearing. The Council shall publish the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less that two weeks after such publication, for public hearings on the budget. Item "(f)" in section 9.05 further states: (f) Publish" defined. As used in this article, the term "publish" means to print in the contemporary means of information sharing, which includes but is not limited to, one or more newspapers of general circulation in the Town, and, if available, in a web site." Town Council 56 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-311-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/7/2009 Town Council On agenda:Final action:9/14/2009 Title: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. Attachments:2009-10 SRO NISD Agreement.pdf Action ByDate Action ResultVer. Town Council 57 of 84 Meeting Date: September 14, 2009 109-311-T Version:File #: Title 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. Body This is a renewal of the same agreement from last year. Staff recommends approval. Town Council 58 of 84 Meeting Date: September 14, 2009 1 STATE OF TEXAS § Interlocal Agreement by and between § The Town of Trophy Club, Texas, and § Northwest Independent School District COUNTY OF DENTON § for School Resource Officer Services This Agreement is entered into upon the date of the last party's signature to this Agreement and is between the Town of Trophy Club, Texas, a home rule municipal corporation located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest Independent School District, a Texas District located in Denton, Tarrant and Wise Counties, Texas and hereinafter referred to as the "District". The Town and District made the following findings in entering into this Agreement: WHEREAS, this Agreement for School Resource Officer Services is made pursuant to the authority of the Texas Government Code 791.001 -791.0029, known as the Interlocal Cooperation Act; and WHEREAS, the expense of any payments or performance required by this Agreement shall come from current revenues legally available to the parties; and WHEREAS, the subject of this Agreement is necessary for the benefit of the public and the students and each party and that the performance and payment fairly compensates both parties; NOW, THEREFORE, for and in consideration of the mutual undertakings hereinafter set forth and for adequate consideration given, the parties agree to cooperate in securing the placement of one School Resource Officer for the District as follows: I. Town Obligations The Town agrees to provide one (1) fully qualified peace officer who will be assigned by the Town to serve as the School Resource Officer for the Lake View Elementary, Samuel Beck Elementary, Medlin Middle, and Byron Nelson High Schools, all of which are located at the District property in Trophy Club in Denton, County, Texas. The Town further agrees to supply any and all necessary equipment, including but not limited to uniforms, radio, and personal defense equipment for the School Resource Officer. The Town agrees to provide all of the above to the District, for the consideration provided in sections V below. II. Duties of School Resource Officer 2.01. Duties. The duties of the School Resource Officer referenced in Section I above shall include, but are not limited to, the following activities: Town Council 59 of 84 Meeting Date: September 14, 2009 2 A. Protecting the safety and welfare of any person within the jurisdiction of the officer, and protecting the property of the District, as required by Texas Education Code § 37.081 (d); B. Patrolling school property during and after school hours; C. Answering calls for assistance from school officials at his or her assigned campus or as otherwise approved by the Chief of Police; D. Making reports on criminal activities and filing of cases with proper authorities; E. Answering calls and facilitating dispute resolution between students, students and school authorities, parents and school authorities, or any other agreed upon disputes; F. Investigating alarms, both burglary and fire; G. Answering calls for assistance with custody disputes; H. Eating with the students several times a month in order to give the students the chance to know the officer as a friend and not someone to distrust; I. Presenting programs to the students and teachers, including programs on drugs, alcohol and other important issues; J. Meeting with the student councils of the assigned campuses whenever needed or requested; and K. Providing testimony in student discipline conferences and hearings, as requested by the District. 2.02. Property Damage. To the extent provided by law, the Town of Trophy Club or it's Police Department will not under any circumstances be responsible for any property belonging to the District, it's officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged as result of the action or inaction of the School Resource Officer. III. Assignments For the 2009-2010 school year, the School Resource Officer will serve on one of the assigned District campuses on a daily basis as frequently as possible given the requirements of the grant through which the position is partially funded. The grant requires that the School Resource Officer also provide regional assistance as a Juvenile Investigator and those responsibilities may take the officer off-campus while the investigations are ongoing. Investigations that are not related to the requirements of the grant may be undertaken by the School Resource Officer upon the request of the District with prior approval of the Town’s Chief of Police. IV. District Obligations The District shall provide the following: (1) Office space at Medlin Middle School and Byron Nelson High School; and (2) computer, telephone, and other office equipment as needed by the School Resource Officer for the performance of his or her duties hereunder. Town Council 60 of 84 Meeting Date: September 14, 2009 3 V. Funding/Consideration Funding for the School Resource Officer shall be provided as follows: In consideration of the services provided and cross promises hereunder, for the school year of 2009-2010, the District shall pay the Town an amount not to exceed Twenty Thousand Eight Hundred Thirty-four Dollars and Seventy Cents ($20834.70) for the maintenance of the School Resource Officer. Notwithstanding the contribution of funds from the District, the Town shall remain responsible for the balance of the funding required to maintain the officer’s salary and standard Town employee benefits package. At all times under this Agreement, and not withstanding any contribution of funds by the District, the Town shall remain responsible for the withholding of income taxes and Social Security, and for workers compensation, disability benefits and insurance requirements for the School Resource Officer in accordance with the Town’s standard employee benefits package then in existence. The Town will also ensure that the District remains listed as an additional insured on any policy covering the officer's activities and duties. Funding for renewal years, if applicable, shall be negotiated by the parties and documented in a written modification to this Agreement approved by the respective governing body for each party hereto in accordance with the terms of this Agreement. VI. Term The term of this Agreement shall be in effect for the 2009-2010 school year with an initial term of one (1) year commencing on or about August 1, 2009 and ending on or about July 31, 2010 (hereinafter “Initial Term”). After the Initial term, this Agreement may be renewed annually for five (5) additional terms of one (1) year each by written agreement of the parties approved by their respective governing bodies unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon thirty (30) days written notice prior to the end of the Initial term or any renewal term. VII. Replacement The District may, for cause, request a replacement of the School Resource Officer. Such a request shall be made through the Town’s Chief of Police, shall be in writing and shall set forth the basis for the request. A replacement School Resource Officer shall be provided as soon as possible giving due consideration for the Town’s staffing level and time required to complete the outside hiring process as necessary. The Town shall have the authority to change personnel serving as the School Resource Officer at any time as determined appropriate by the Town’s Chief of Police. In the event that Town changes such personnel for any Town Council 61 of 84 Meeting Date: September 14, 2009 4 reason other than termination of the individual serving as School Resource Officer, Town shall provide written notice to District of such personnel change. VIII. Notices Notice to the Town shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Town Manager Town of Trophy Club 100 Municipal Dr. Trophy Club, Texas 76262 Notice to the District shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Superintendent of Schools Northwest Independent School District P.O. Box 77070 Fort Worth, Texas 76117 IX. Town Employee The School Resource Officer shall at all times remain an employee of the Town subject to the personnel policies of the Town and General Manual of the Trophy Club Police Department. Subject to Section III of this Agreement, the District shall have the authority to make decisions regarding the officer's assignment and schedule while on-duty at a District campus in the Town of Trophy Club. In non- emergency situations, the District shall request authorization from the Town’s Police Department if the School Resource Officer is needed outside of the Town of Trophy Club or is needed to perform duties not directly related to the requirements of the grant. Authorization must be provided by either the Chief of Police or his designee. In an emergency situation, the District shall advise the Chief of Police or designee of the need for the School Resource Officer to attend to the emergency outside of the Town of Trophy Club as soon as practicable. X. Governmental Immunity Neither the Town nor the District waives or relinquishes any governmental immunities or defenses on behalf of themselves, their trustees, officers, employees and agents as a result of the execution of this Agreement and the performance of the functions or obligations hereunder. Both parties agree that the services provided hereunder are exclusively governmental functions. XI. Workers Compensation Town Council 62 of 84 Meeting Date: September 14, 2009 5 The Town shall provide, during the term of this Agreement, worker’s compensation insurance in the amounts as required by Texas state law, for all Town employees engaged in work under this Agreement. As to all other insurance provided by Town, it shall provide District with documentation indicating such coverage prior to the beginning of any activities under this Agreement. XII. Miscellaneous 11.01. Venue. This Agreement is made in Texas and shall be construed, interpreted and governed by Texas laws, and venue for any disputes or actions arising hereunder shall be exclusive in Denton County, Texas. 11.02. No Third Party Beneficiaries. By entering into this Agreement, the parties do not intend to create any rights or obligations other then those specifically set forth herein and this Agreement shall not create any rights in persons not a party to this Agreement, including without limitation, any individual serving hereunder as the School Resource Officer. 11.03. Authority to Bind. The undersigned officer and/ or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 11.04. Modifications. All modifications to this Agreement shall be in writing and approved by the respective governing body for each party. 11.05. Entire Agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties as provided herein. 11.06. Non-Waiver. It is agreed that one (1) or more instances of forbearance by Town in the exercise of its rights herein shall in no way constitute a waiver thereof. 11.07. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 11.08. Independent Contractor. Each party covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of the other party; that subject to the terms of this Agreement, Town shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and Town Council 63 of 84 Meeting Date: September 14, 2009 6 omissions of its officers, agents, employees, contractors, subcontractors and consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between Town and District. IN WITNESS WHEREOF, the parties have executed this Contract as of the dates shown below their respective signatures. Northwest Independent School District _____________________________ __________________________ Title: Date: ATTEST: ________________________________ APPROVED AS TO FORM: ________________________________ NISD ATTORNEY Town of Trophy Club, Texas By:_____________________________ __________________________ Mayor Constance White Date: ATTEST: ________________________________ TOWN SECRETARY APPROVED AS TO FORM: ________________________________ TOWN ATTORNEY Town Council 64 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-333-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/18/2009 Town Council On agenda:Final action:9/14/2009 Title:Consider and take appropriate action regarding 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. Attachments:Denton Election Contract Nov 2009 - Town of Trophy Club.pdf Denton Early Voting Location.pdf Election Annex A -Town of Trophy Club110309.pdf Action ByDate Action ResultVer. Town Council 65 of 84 Meeting Date: September 14, 2009 109-333-T Version:File #: Title Consider and take appropriateaction regardinga Contract for Election Services with Denton County, for the November3, 2009 Park Bond Election, and approving the terms and conditions of the Contract. Body Staff recommends approval. Voting Information: Denton County Early Voting Thursday, October 29, 2009 7:00 a.m. to 7:00 p.m. Friday, October 30, 2009 7:00 a.m. to 7:00 p.m. Town of Trophy Club Svore Building 100 Municipal Drive, Trophy Club Denton County Election Day Tuesday, November 3, 2009 7:00 a.m. to 7:00 p.m. Town of Trophy Club Svore Building Town Council will consider Tarrant County's Contract at their October 5, 2009 meeting. Tarrant County Early Voting Monday, October 26, 2009 8:00 a.m. to 5:00 p.m. Town of Trophy Club Svore Building 100 Municipal Drive, Trophy Club Tarrant County Election Day Tuesday, November 3, 2009 7:00 a.m. to 7:00 p.m. Cross Timbers Community Church 2525 Florence Road, Roanoke Town Council 66 of 84 Meeting Date: September 14, 2009 - 1 - THE STATE OF TEXAS II CONTRACT FOR COUNTY OF DENTON ELECTION SERVICES TOWN OF TROPHY CLUB BY THE TERMS OF THIS CONTRACT made and entered into by and between the Town of Trophy Club, as duly authorized by the Town Council hereinafter referred to as the Council, serving by and through its Mayor, as duly authorized by the Council, and Denton County, Texas acting by and through its Elections Administrator hereinafter referred to as the Contracting Officer, pursuant to the authority of Section 31.091, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the Town of Trophy Club, November 3, 2009, Bond Election in Denton County. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station if required and judge of the Early Voting Balloting Board. a. The Contracting Officer shall be responsible for notification of each Election Day and early voting presiding judge and alternate judge of his or her appointment. The presiding election judge of each polling place will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the early voting ballot board. The Contracting Officer with the approval of the Council shall utilize election judges appointed by the Denton County Commissioners Court. b. The Contracting Officer shall compensate each election judge and worker. Each judge and worker shall receive compensation per hour for services rendered based on rates set by Denton County Commissioners Court. c. Election Judges shall attend the Contracting Officer’s school of instruction (Elections Seminar) to be held October 31, 2009 in the Denton County Administration Building, 401 West Hickory, Denton 76201 or other location to be announced at 9:00 a.m. d. Election judges shall be responsible for picking up and returning election supplies. Compensation for this pickup and return will be $25.00. B. The Contracting Officer shall procure, prepare, and distribute ballots, election kits and election supplies. Town Council 67 of 84 Meeting Date: September 14, 2009 - 2 - a. The Contracting Officer shall secure election kits that include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, duplication ballots, and legal documentation required to run the central counting station and/or early voting ballot board. c. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. The Election Day list of registered voters shall be arranged in alphabetical order by polling place in lieu of alphabetic by each precinct in each polling place. The Contracting Officer may use the computer database for the list of registered voters during early voting. d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ballot boxes, transfer cases, voting signs, and directional poles and tote boxes. 2. Supplies include ballots, sample ballots, early voting mail ballots, pens, tape, markers, etc. C. The Elections Administrator of Denton County, Texas, shall be appointed the Early Voting Clerk by the Town of Trophy Club for the election in Denton County. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Clerks. b. Early Voting by personal appearance for the Town of Trophy Club November 3, 2009, Bond Election in Denton County shall be conducted on weekdays beginning Monday, October 19, 2009, and continuing through Friday, October 30, 2009. Times are as follows: October 19, 2009 through October 28th, 8:00am to 5:00pm; October 29th through October 30th, 7:00am through 7:00pm. Locations and times of voting by personal appearance shall be as per Denton County Elections Memo at Annex B. c. All applications for an Early Voting mail ballot shall be received and processed by the Denton County Elections Administration Office, P.O. Box 1720, Denton, Texas 76202. 1. Applications for mail ballots erroneously mailed to the Town of Trophy Club shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention 2. All Federal Post Card applications (FPCA) will be sent a mail ballot. No postage is required. d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Section 87.000 of the Texas Election Code. The presiding judge of this Board shall be ____TBA________. The Board shall meet for preparation of the early voting ballots on (as ordered by Commissioners Court.) Town Council 68 of 84 Meeting Date: September 14, 2009 - 3 - D. The Contracting Officer shall arrange for the use of all Election Day polling places. The Town of Trophy Club shall assume the responsibility of remitting 50% of the cost of all employee services required to provide access, provide security, or provide custodial services for the early voting and election day polling locations used that are located within the Town, Trophy Club, Denton County Texas. E. The Contracting Officer shall be responsible for tabulation of the voted ballots in accordance with Section 127.000 of the Election Code and of this agreement. Counting Station Manager shall be the Elections Administrator of Denton County, Texas. The Tabulation Supervisor and Tabulation Operator shall be provided by the Denton County Elections Administration Office and paid as a contract expense. a. The tabulation supervisor shall prepare, test and run the county’s tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted at 10 am, Thursday, September 17, 2009 by the Contracting Officer. (This date is subject to change based on receipt of jurisdiction ballot information and programming. If date is changed, you will be notified at least 48 hours prior to test) c. Election night reports will be available to Council at the Elections Office on election night. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the Council as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. 1. Pending no litigation and as prescribed by law, the voted and unused ballots shall be shredded or recycled 22 months after the election. 2. The Council can obtain the list of registered voters from the Elections Administration Office during this retention period. Pending no litigation and if the Council does not request the lists, the Contracting Officer shall destroy them 22 months after the election. f. The Contracting Officer shall conduct a partial manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the Council in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(e) of the aforementioned code. II. Duties and Services of the Council. The Council shall assume the following responsibilities: A. The Council shall prepare the election orders, resolutions, notices, justice department submissions, official canvass and other pertinent documents for adoption by the appropriate office or body. a. The Contracting Officer shall publish and post the Notice of the Public Logic and Accuracy Test of the electronic voting system and one press release. The Contracting Town Council 69 of 84 Meeting Date: September 14, 2009 - 4 - Officer shall also prepare a certification of tabulation and an unofficial canvass reports that will assist the Council with the official canvass. b. The Council assumes the responsibility of posting all notices and likewise posting the schedules for Early Voting and Election Day. B. The Council shall provide the Contracting Officer with the ballot wording and Spanish interpretation. a. The Council shall deliver to the Contracting Officer as soon as possible, but no later than 10:00am Friday, September 4, 2009, the official wording in English and Spanish for the Council’s November 3, 2009, Bond Election. b. The Council shall approve the “blue line” ballot format prior to the final printing. C. The Council shall post the publication of election notice by the proper methods with the proper media. D. The Council shall prepare and submit to the U.S. Department of Justice under the Federal Voting Rights act of 1965, any required submissions on voting changes. E. The Council shall compensate the Contracting Officer for any additional election costs incurred in the process of running this election or for a re-count this election may require. F. The Council shall submit with this signed contract a deposit of 90% of the estimated election cost. The contract will not be accepted without this deposit. G. The Council shall pay a prorated cost of conducting the said election, plus the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. Cost of Services. Costs of services will be prorated for ballots based on the Town of Trophy Club precincts voting. The Town of Trophy Club will reimburse 50% of ballot printing costs. Costs of labor and election supplies will be split 50/50 with Denton County or other calculated rate if additional jurisdictions participate in the election The Town of Trophy Club will pay 100% of all programming fees. See Annex A attached for estimated cost of election. IV. General Provisions. Town Council 70 of 84 Meeting Date: September 14, 2009 - 5 - A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the Council’s November 3, 2009, Bond Election is to be filed or the place at which any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the Council. C. If the Council cancels their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the November 3, 2009, Bond Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Denton County, Texas. WITNESS BY MY HAND THIS THE __________ DAY OF ____________________, 2009. DENTON COUNTY, TEXAS By: ______________________ Don Alexander Elections Administrator Denton County, Texas WITNESS BY MY HAND THIS THE __________ DAY OF ____________________, 2009. ____________________________________ Connie White Mayor, Town of Trophy Club Town Council 71 of 84 Meeting Date: September 14, 2009 Denton County Elections Administration November 3, 2009 Constitutional Amendment Election Early Voting Locations Dates and Times Monday - Friday October 19 – 23 8:00a – 5:00p Monday – Wednesday October 26 – 28 8:00a – 5:00p Thursday – Friday October 29 – 30 7:00a – 7:00p Steven Everett Copeland Government Center Lewisville Municipal Annex 1400 FM 424, Cross Roads 1197 W. Main Street, Lewisville Justin Municipal Building Carrollton Public Library 415 N. College, Justin 4220 N. Josey, Carrollton Joseph A. Carroll Admin. Building Frankford Town Homes 401 W. Hickory, Denton 18110 Marsh Ln., Dallas North Texas State Fair Grounds – Fair Hall Flower Mound Police and Court Building 2217 N Carroll Blvd., Denton 4150 Kirkpatrick, Flower Mound Highland Village City Hall Lake Dallas City Hall 1000 Highland Village Rd., Highland Village 212 Main Street, Lake Dallas Friendship Baptist Church Sanger First Baptist Church 4396 Main, The Colony 708 S. 5th St., Sanger The following early voting sites will ONLY be open the dates and times listed: Frisco Lakes Amenities Center Monday – Wednesday October 26 – 28 8:00a – 5:00p 7277 Frisco Lakes Dr., Frisco Thursday – Friday October 29 – 30 7:00a – 7:00p Roanoke Community Center Monday – Tuesday October 19-20 1:00p – 5:00p 312 S. Walnut, Roanoke Thursday – Friday October 22-23 1:00p – 5:00p Monday – Tuesday October 26-27 1:00p – 5:00p Thursday – Friday October 29-30 1:00p – 5:00p Trophy Club MUD 100 Municipal Drive, Trophy Club Thursday – Friday October 29 – 30 7:00a – 7:00p Town Council 72 of 84 Meeting Date: September 14, 2009 El e c t i o n C o s t s Un i t s Co s t P e r U n i t Es t i m a t e d Actual Ba l l o t s ( c o s t p e r t h o u s a n d ) 8 . 5 X 1 1 5. 0 $2 4 4 . 0 0 $6 1 0 . 0 0 $0.00 Ba l l o t s ( c o s t p e r t h o u s a n d ) 8 . 5 X 1 4 0. 0 $3 0 0 . 0 0 $0 . 0 0 $0.00 Ba l l o t s ( c o s t p e r t h o u s a n d ) 8 . 5 X 1 7 0. 0 $3 5 0 . 0 0 $0 . 0 0 $0.00 El e c t i o n K i t s ( E a r l y & E l e c t i o n ) 2 $4 4 . 0 0 $4 4 . 0 0 $0.00 Ea r l y V o t i n g B a l l o t B o a r d K i t 0 $4 4 . 0 0 $0 . 0 0 $0.00 Pr o v i s i o n a l S t a m p 0 $5 . 0 0 $0 . 0 0 $0.00 Pr o v i s i o n a l B a g 0 $1 0 . 0 0 $0 . 0 0 $0.00 Pr e c i n c t M a p s 0 $2 0 . 0 0 $0 . 0 0 $0.00 Ci t y o r I S D M a p s 0 $2 0 . 0 0 $0 . 0 0 $0.00 Ba l l o t B o x e s 2 $5 . 0 0 $5 . 0 0 $0.00 Vo t i n g B o o t h ( O n e k i t = t w o b o o t h s ) 4 $5 . 0 0 $1 0 . 0 0 $0.00 eS l a t e V o t i n g M a c h i n e s R e n t a l ( E a ) 6 $3 0 0 . 0 0 $9 0 0 . 0 0 $0.00 eS c a n V o t i n g M a c h i n e R e n t a l ( e a ) 2 $5 0 0 . 0 0 $5 0 0 . 0 0 $0.00 Pr o g r a m i n g e S c a n / e S l a t e p e r E l e c t i o n 1 $4 0 0 . 0 0 $4 0 0 . 0 0 $0.00 El e c t i o n S i g n s 0 $1 . 0 0 $0 . 0 0 $0.00 Ma i l B a l l o t K i t s 0 $1 . 0 0 $0 . 0 0 $0.00 Po s t a g e f o r M a i l B a l l o t K i t s 0 $0 . 5 2 $0 . 0 0 $0.00 Wo r k e r s ( E a r l y V o t i n g ( h o u r s ) 0 $1 0 . 0 0 $0 . 0 0 $0.00 FI C A o n E a r l y W o r k e r s 0 $0 . 0 7 6 5 $0 . 0 0 $0.00 Pi c k u p a n d D e l i v e r y o f S u p p l i e s 2 $2 5 . 0 0 $2 5 . 0 0 $0.00 De l i v e r y o f E V & E D E q u i p m e n t 2 $8 6 . 0 0 $8 6 . 0 0 $0.00 Wo r k S t a t i o n s / C o m p u t e r s ( E a ) 1 $2 5 0 . 0 0 $1 2 5 . 0 0 $0.00 Pr o g r a m i n g C o m p u t e r s p e r e l e c t i o n 1 $3 0 0 . 0 0 $3 0 0 . 0 0 $0.00 El e c t i o n D a y W o r k e r s ( h o u r s ) 78 $1 0 . 0 0 $3 9 0 . 0 0 $0.00 FI C A o n E l e c t i o n D a y W o r k e r s 78 0 $0 . 0 7 6 5 $2 9 . 8 4 $0.00 EV B a l l o t B o a r d P e r s o n n e l ( h o u r s ) 21 $9 . 0 0 $9 4 . 5 0 $0.00 Ad m i n i s t r a t i v e P e r s o n n e l C o s t s 0 TB D $0 . 0 0 $0.00 Wo r k s h e e t T o t a l E x p e n s e $3 , 5 1 9 . 3 4 $0.00 Es t i m a t e d Ac t u a l Am o u n t P a i d Ch e c k N u m b e r / D a t e R e c e i v e d El e c t i o n T o t a l $3 , 5 1 9 . 3 4 $0 . 0 0 El e c t i o n S e r v i c e F e e $3 5 1 . 9 3 $0 . 0 0 El e c t i o n T o t a l C o s t $3 , 8 7 1 . 2 7 $0 . 0 0 De p o s i t ( 9 0 % ) $3 , 4 8 4 . 1 4 $0 . 0 0 $0 . 0 0 Ba l a n c e D u e $3 , 8 7 1 . 2 7 $0 . 0 0 De n t o n C o u n t y E l e c t i o n s C o n t r a c t W o r k s h e e t - A t t a c h m e n t " A " To w n o f T r o p h y C l u b - N o v e m b e r 3 , 2 0 0 9 9/ 9 / 2 0 0 9 Page 1 To w n Co u n c i l 73 of 84 Me e t i n g Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-351-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/25/2009 Town Council On agenda:Final action:9/14/2009 Title:Consider and take appropriate action regarding a Resolution adopting the National Incident Management System (NIMS). National Incident Management System (NIMS). Attachments:Res. 2009 - NIMS.pdf Action ByDate Action ResultVer. Town Council 74 of 84 Meeting Date: September 14, 2009 109-351-T Version:File #: Title Consider and take appropriate action regarding a Resolution adopting the National Incident Management System (NIMS). National Incident Management System (NIMS). Body This Resolution is the compliance for Government and State Grant process for National Incident Management System (NIMS). Staff recommends approval. Town Council 75 of 84 Meeting Date: September 14, 2009 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2009- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 28, 2003, the President issued Homeland Security Presidential Directive (HSPD) – 5 that directed the Department of Homeland Security, in cooperation with representatives of federal, state, and local government, to develop a National Incident Management System (NIMS) to provide a consistent approach to the effective management of situations involving natural disasters, man-made disasters or terrorism; and WHEREAS, the final NIMS was released on March 1, 2004, and WHEREAS, the NIMS contains a practice model for the accomplishment of the significant responsibilities associated with prevention, preparedness, response, recovery, and mitigation of all major and national hazards situations, and WHEREAS, the HSPD-5 requires that state and local governments adopt the NIMS as a pre-condition to the receipt of federal grants, contract and activities related to the management and preparedness for certain disaster and hazard situations; and WHEREAS, the Town of Trophy Club desires to adopt the NIMS as required by HSPD-5; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The National Incident Management System (NIMS) is hereby officially adopted for usage in the Town of Trophy Club, Texas. Section 2. This Resolution shall become effective immediately upon its passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of September, 2009. Town Council 76 of 84 Meeting Date: September 14, 2009 ________________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas Town Council 77 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-360-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/28/2009 Town Council On agenda:Final action:9/14/2009 Title:Consider and take appropriate regarding the setting of a new date for the Council's strategic planning workshop. Attachments: Action ByDate Action ResultVer. Town Council 78 of 84 Meeting Date: September 14, 2009 109-360-T Version:File #: Title Consider and take appropriate regarding the setting of a new date for the Council's strategic planning workshop. Body During the July Budget Workshop the tentative dates for the strategic planning workshop was set for October 9th and 10th. October 9th is a Friday and in Texas, Friday nights are reserved for high school football. And October 10th is the day of the Trophy Club semi-annual garage sale. The Council may be better served to reschedule this planned retreat to a better time. Town Council 79 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-358-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/27/2009 Town Council On agenda:Final action:9/14/2009 Title:Items for Future Agendas Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Town Council 80 of 84 Meeting Date: September 14, 2009 109-358-T Version:File #: Title Items for Future Agendas Body Town Council 81 of 84 Meeting Date: September 14, 2009 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) 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) Town Council 82 of 84 Meeting Date: September 14, 2009 100 Municipal Drive Trophy Club, TX 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-354-T Name: Status:Type:Agenda Item Regular Session File created:In control:8/25/2009 Town Council On agenda:Final action:9/14/2009 Title:Mayor's Update regarding training opportunities, educational sessions, and regional meetings. Attachments: Action ByDate Action ResultVer. Town Council 83 of 84 Meeting Date: September 14, 2009 109-354-T Version:File #: Title Mayor's Update regarding training opportunities, educational sessions, and regional meetings. Body Mayor White will provide 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) Town Council 84 of 84 Meeting Date: September 14, 2009