Agenda Packet TC 12/12/2011Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, December 12, 2011
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION - 6:00 P.M.
1.2011-606-T Presentation by Schrickel, Rollins & Associates (SRA) relative to the Tri-City
collaboration on a landscape and beautification plan for Highway 114/170 and funding
options; discussion of same.
2.2011-607-T Discussion of "Independence of Boards, Commissions and Committees" provision of
Handbook.
3.2011-608-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for December 12, 2011.
4.2011-609-T Discussion of proposed agenda items for the January 9, 2012 Regular Session
Agenda.
January 9, 2012 Proposed Agenda Items.pdfAttachments:
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M.
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
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.
Town Council Page 1 of 57 Meeting Date: December 12, 2011
December 12, 2011Town Council Meeting Agenda
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.
5.2011-610-T Consider and take appropriate action regarding the Minutes dated November 14, 2011.
November 14 2011 Minutes.pdfAttachments:
6.2011-611-T Consider and take appropriate action regarding the Minutes dated December 2-3, 2011
(Planning the Plan Session).
December 2-3 - Council (Planning the Plan Session).pdfAttachments:
7.2011-614-T Consider and take appropriate action to ratify the Town's decline of 1% per-subscriber
fee for Public, Education and Government facilities from Charter Cable.
Charter Memo.pdf
1% PED Fee Response Letter.pdf
Attachments:
8.2011-612-T Consider and take appropriate action regarding interlocal agreement between the Town
and Denton County to provide Ambulance Services, and authorizing the Mayor or her
designee to execute all necessary documents.
ILA with Denton Co - Ambulance Service.pdfAttachments:
REGULAR SESSION
9.2011-615-T Consider and take appropriate action regarding the nomination of Mayor White to the
Regional Emergency Preparedness Planning Council (EPPC).
Regional Emergency Preparedness Planning Council (EPPC) Vacancies Memo.pdf
2012 Nomination Form.pdf
EPPC Meeting Schedule 2012- Proposed.pdf
Rotation Log_2011.pdf
Attachments:
10.2011-613-T Update of the proposed design of the Roundabout for Trophy Club Drive and Trophy
Lake Drive Intersection scheduled for re-bid in January 2012, as well as proposed
construction timeline; discussion of same.
11.2011-623-T Consider and take appropriate action regarding the median at Trophy Lake Drive and
Village Trail.
images.pdfAttachments:
Town Council Page 2 of 57 Meeting Date: December 12, 2011
December 12, 2011Town Council Meeting Agenda
12.2011-616-T Town Manager Slye's update regarding the following; discussion of the same.
- December 2-3, 2011 - Council Strategic Planning Session (Planning the Plan)
- December 10, 2011 - Trophy Club's Let it Snow Event
- December 16-22, 2011 - Vacation
- Branding/Logo Update
- HWY 377 and Bobcat Boulevard Traffic Signal Update
- PD-30 Scheduling Update
13.2011-617-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- November 17, 2011 - Metroport Cities Partnership Monthly Meeting
- November 28, 2011 - 26th Congressional District/TxDot Transportation Summit
- December 2, 2011 - Mayor's Roundtable
- December 7, 2011 - TML Region 8 Dinner/Meeting
- December 8, 2011 - Emergency Preparedness Planning Council Meeting
- December 9, 2011 - Denton County Mayor's Luncheon
14.2011-618-T Items for Future Agendas.
Future Agenda Items List.pdfAttachments:
This item allows Council to request the placement of items on upcoming agendas when
the topic of discussion requires research and review that cannot be accomplished in the
time frame between regular Council meetings. However, a Council Member may
request that an item be placed on the next regularly scheduled meeting without first
placing that item on the Future Agenda Items list. All requests for agenda items must
comply with Charter requirements.
EXECUTIVE SESSION
15.2011-619-T Pursuant to the following designated sections of Texas Government Code, Annotated,
Subchapter 551, the Council will enter into executive session to discuss the following
items:
(A) Texas Government Code Section 551.072. To discuss or deliberate the purchase,
exchange, lease, or value of real property where deliberation in an open meeting
would have a detrimental effect on the position of the governmental body in
negotiations with a third person.
(1) Potential land acquisition from Church at Trophy Lakes for public use in
construction of the Roundabout
(B) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the
duties of a public officer or employee pursuant to Section 551.074 (a)(1) of the
Texas Open Meetings act.
(1) Goals for Town Manager, Mike Slye
RECONVENE INTO REGULAR SESSION
16.2011-621-T Consider and take appropriate action regarding the Executive Session Items.
ADJOURN
Town Council Page 3 of 57 Meeting Date: December 12, 2011
December 12, 2011Town Council Meeting Agenda
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
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, December 8, 2011 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
______________________________
Shannon DePrater, Town Secretary
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
______________________, 2011.
________________________________, Title: ___________________________
Town Council Page 4 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-606-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Presentation by Schrickel, Rollins & Associates (SRA) relative to the Tri-City collaboration on a
landscape and beautification plan for Highway 114/170 and funding options; discussion of same.
Attachments:
Action ByDate Action ResultVer.
TITLE
Presentation by Schrickel, Rollins & Associates (SRA) relative to the Tri-City collaboration on a landscape and
beautification plan for Highway 114/170 and funding options; discussion of same.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Goal #4: Healthy, Picturesque, and Environmentally Sound
Promote recreational / active lifestyle opportunities for all ages
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Town Council Page 5 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-607-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Discussion of "Independence of Boards, Commissions and Committees" provision of Handbook.
Attachments:
Action ByDate Action ResultVer.
TITLE
Discussion of "Independence of Boards, Commissions and Committees" provision of Handbook.
EXPLANATION:
Current Handbook for Elected and Appointed Officials states:
16. Independence of Boards, Commissions, and Committees
Because of the value of the independent advice of boards, commissions, committees and advisory groups to the public
decision-making process, Town officials shall refrain from using their position to influence unduly the deliberations or
outcomes of board, commission, committee, and advisory group proceedings.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Town Council Page 6 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-608-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
December 12, 2011.
Attachments:
Action ByDate Action ResultVer.
TITLE
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 12, 2011.
Town Council Page 7 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-609-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Discussion of proposed agenda items for the January 9, 2012 Regular Session Agenda.
Attachments:January 9, 2012 Proposed Agenda Items.pdf
Action ByDate Action ResultVer.
TITLE
Discussion of proposed agenda items for the January 9, 2012 Regular Session Agenda.
Town Council Page 8 of 57 Meeting Date: December 12, 2011
Meeting Date
1/9/2012 Item File ID Dept Have
ARF?
Workshop Home Businesses - what is allowed and what is not allowed; discussion
of same
CD
Discussion of agenda items posted for consideration on the Regular
Session Council Agenda for January 9, 2012.
Town Sec
Discussion of proposed agenda items for the January 23, 2012 Regular
Session Agenda.
Town Sec
Consent Consider and take appropriate action regarding the Minutes dated
December 12, 2011
Town Sec
Consider and take appropriate action regarding 2012 Council Goals &
Objectives Adoption (Strategy Map)
Town Sec
Public Hearing Planned Development District for a 26.354 acre tract of land known as
“Beck Property” located on State Highway 114 and Trophy Club Drive.
CD/Legal
Regular Session Consider and take appropriate action regarding a Planned
Development District for a 26.354 acre tract of land known as “Beck
Property” located on State Highway 114 and Trophy Club Drive.
CD/Legal
Parkland Dedication Requirement for Canterbury Hills and Waters
Edge at Hogan's Glen Subdivisions
CD/Parks
Abandon Ordinance 1999-15, road easement CD
Maintenance Agreement - HOA Legal
Special Events Ordinance Amendment CD/Legal
Consider and take appropriate action regarding financial and variance
report dated November 2011.
Finance
Town Council Liaison Updates; discussion of same:
Scheduled by meetings
Town Sec
Town Manager Slye's update regarding the following; discussion of the
same.
Town Sec
Mayor and Council Updates regarding training opportunities,
educational sessions, and regional meetings; discussion of same.
Town Sec
Items for Future Agendas.Town Sec
Executive
Session
Consider and take appropriate action regarding the Executive Session.Town Sec
Town Council Page 9 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-610-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Consider and take appropriate action regarding the Minutes dated November 14, 2011.
Attachments:November 14 2011 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated November 14, 2011.
Town Council Page 10 of 57 Meeting Date: December 12, 2011
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 14, 2011 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, November 14,
2011. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Larry Hoover Mayor Pro Tem
Margi Cantrell Council Member
Bill Rose Council Member
Glenn Strother Council Member
Jeannette Tiffany Council Member
TOWN COUNCIL MEMBERS ABSENT :
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Eric Cannon Finance Director
Carolyn Huggins Community Development Director
April Reiling PIO / Marketing Manager
Mayor White announced the date of November 14, 2011, called the meeting to order and announced a
quorum at 6:04 p.m. Mayor White announced that Council member Strother was not in attendance at this
time.
WORKSHOP SESSION - 6:00 P.M.
1. Recognition of Employee of the Quarter; discussion of same.
Town Manager Slye introduced Ron Powell, Permit Technician as the Employee of the Quarter.
Council member Strother arrived at 6:10 p.m.
2. Presentation by Freese and Nichols of preliminary findings for justification of storm drainage
fee increase to help fund costs of public infrastructure drainage improvements of Phase 1 of
Trophy Club Storm Water Master Plan; discussion of same.
Kelly Dillard, Stephanie Griffin, and Trey Shanks from Freese and Nichols presented a proposed storm
drainage fee structure to the Town Council and addressed questions from Council and Staff.
Presentation included in the minutes.
Town Council Page 11 of 57 Meeting Date: December 12, 2011
3. Discussion of agenda items posted for consideration on the Regular Session Council Agenda
for November 14, 2011.
4. Discussion of proposed agenda items for the December 12, 2011 Regular Session Agenda.
Mayor White called a short break.
CONVENE INTO REGULAR SESSION - START TIME – 7:21 p.m.
The Invocation was offered by Fire Chief Danny Thomas.
The Pledges were led by Police Chief Scott Kniffen.
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.
No Citizen Presentations were made.
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.
5. Consider and take appropriate action regarding the Minutes dated October 17, 2011.
6. Consider and take appropriate action regarding an interlocal agreement between the Town
and Tarrant County Emergency Services District No. 1 to provide Emergency Medical Services
to a designated service area, and authorizing the Mayor or her designee to execute all
necessary documents.
Motion made by Council member Cantrell, seconded by Council member Mayor Pro Tem Hoover to
approve consent agenda items 5 and 6 as presented. Motion carried unanimously.
REGULAR SESSION
7. Receive Staff update on PD-30; discussion of same.
Town Manager Slye stated that the comments and concerns received by residents has been appreciated
and will be considered throughout this process. Town Manager Slye introduced Community Development
Director Carolyn Huggins.
Community Development Director Huggins presented an outline progress to date and addressed
questions from Council. Huggins’ outline included beginning with the Joint Workshop with the Planning
and Zoning Commission in July, followed by Staff and Developer meetings, a second workshop. A formal
Town Council Page 12 of 57 Meeting Date: December 12, 2011
application was submitted on September 30, 2011 by the property owner. On October 10, 2011 a second
Joint Workshop was held, with the Developer being present. The Planning and Zoning Commission then
met separately to review the document independently. A draft document was received on October19,
2011 from the Developer that was given to the Planning and Zoning Commission meeting on October 20,
2011 for review at their November 3, 2011 meeting. At this meeting, the Commission began reviewing
the document page by page, the Commission is scheduled to complete their review at the November 17,
2011 Planning and Zoning Commission meeting and to hold a Public Hearing. The Commission is
scheduled to consider a recommendation at their December 15, 2011 meeting.
Council member Strother, just for the record, thanked the citizens for their comments and stated that this
is a work in progress and the Town, as a whole, needs to move forward.
8. Consider and take appropriate action regarding a request for approval of a Final Plat for
Neighborhood 3, Phase 2B (14.313 acres) located in The Highlands at Trophy Club. Applicant:
Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-
DFW, LLC (FP-10-039)
A. Subdivider's Agreement for Phase 2B and 2C have been combined, therefore, Subdivider's
Agreement for this plat is considered with next agenda item -- Neighborhood 3, Phase 2C
plat.
9. Consider and take appropriate action regarding a request for approval of a Final Plat for
Neighborhood 3, Phase 2C (5.937 acres) located in The Highlands at Trophy Club. Applicant:
Corwin Engineering on behalf of Standard Pacific of Texas, Inc. and K. Hovnanian Homes-
DFW, LLC (FP-11-040)
A. Subdivider's Agreement - Consider and take appropriate action regarding a Subdivider's
Agreement between the Town and K. Hovnanian Homes-DFW L.L.C. and Standard Pacific
of Texas, Inc. for Neighborhood 3, Phase 2B and Phase 2C.
Community Development Director Carolyn Huggins combined both agenda items 8 and 9; the engineer is
also here today if Council has any questions. Huggins explained the items in the proposed sub dividers
agreement and shared that the Planning and Zoning Commission has unanimously recommended
approval at their November 4 meeting.
Motion made by Council member Cantrell, seconded by Council member Tiffany to approve requests for
approval of both Final Plats for Neighborhood 3, Phases 2B (14.313 acres) and Phase 2C (5.937 acres)
located in The Highlands at Trophy Club. Applicant: Corwin Engineering on behalf of Standard Pacific of
Texas, Inc. and K. Hovnanian Homes-DFW, LLC (FP-10-039); including the Subdivider’s Agreement.
Motion carried unanimously.
10. Consider and take appropriate action regarding an Ordinance amending Article 2 Entitled
“Traffic And Vehicles” of Chapter 10 Entitled “Public Safety” of the Code Of Ordinances of the
Town of Trophy Club, Texas by repealing Section 2.05 (E) "Overnight Parking" and adopting a
new Section 2.05 (E) "Overnight Parking"; amending Section 2.01 "Definitions" as necessary,
providing for a penalty; and providing an effective date.
Town Manager Slye explained that since the last meeting, Town Attorney Patricia Adams has improved
upon the definitions of commercial vehicles and that the annual fee has been set at $150. Slye briefly
explained the differences between the two Ordinance versions before the Council.
Motion made by Mayor Pro Tem Hoover, seconded by Council member Tiffany to approve Ordinance
2011-39 Version A amending Article 2 Entitled “Traffic And Vehicles” of Chapter 10 Entitled “Public
Safety” of the Code Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E)
Town Council Page 13 of 57 Meeting Date: December 12, 2011
"Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; amending Section 2.01
"Definitions" as necessary, providing for a penalty; and providing an effective date as amended. Motion
failed 2-4-0 with Mayor Pro Tem Hoover and Council member Strother voting for and Mayor White and
Council members Rose, Tiffany and Cantrell voting against.
Motion made by Council member Cantrell, seconded by Council member Tiffany to approve Ordinance
2011-39 Version B amending Article 2 Entitled “Traffic And Vehicles” of Chapter 10 Entitled “Public
Safety” of the Code Of Ordinances of the Town of Trophy Club, Texas by repealing Section 2.05 (E)
"Overnight Parking" and adopting a new Section 2.05 (E) "Overnight Parking"; amending Section 2.01
"Definitions" as necessary, providing for a penalty; and providing an effective date as amended.
Council member Rose proposed an amendment to the current motion, to remove the wording “Any Motor
Vehicle parked as permitted by this section shall be parked in front of the residence for which the
temporary permit has been issued in such a manner as not to obstruct access to the private driveways of
neighboring residents.” from Section E.4; amendment died for lack of second.
Motion carried 5-1-0 with Mayor White and Council members Rose, Tiffany, Cantrell and Strother voting
for and Mayor Pro Tem Hoover voting against.
11. Consider and take appropriate action regarding a Resolution casting the Town’s allocated
votes (18) for a candidate to serve as a member of the Denton Central Appraisal District Board
of Directors; and providing an effective date.
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Hoover to approve Resolution
2011-27 casting the Town’s allocated votes (18) for Lourdes Hassler to serve as a member of the Denton
Central Appraisal District Board of Directors; and providing an effective date. Motion carried
unanimously.
12. 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 Tarrant Appraisal District Board of
Directors; and providing an effective date.
Motion made by Council member Tiffany, seconded by Council member Cantrell to approve Resolution
2011-28 vote (1) for David Averitt to serve as a member of the Tarrant Appraisal District Board of
Directors; and providing an effective date. Motion carried unanimously.
13. Consider and take appropriate action regarding an Interlocal Agreement for Employee and
Contractual Services between the Town of Trophy Club and TCMUD No. 1 for Fiscal Year 2011-
2012, and authorizing the Mayor or her designee to execute all necessary documents.
Motion made by Council member Rose, seconded by Mayor Pro Tem Hoover to approve an Interlocal
Agreement for Employee and Contractual Services between the Town of Trophy Club and TCMUD No. 1
for Fiscal Year 2011-2012, and authorizing the Mayor or her designee to execute all necessary
documents as amended at the dais this evening. Motion carried unanimously.
14. Consider and take appropriate action regarding the regularly scheduled Town Council
meetings for the month of January 2012.
Motion made by Council member Cantrell, seconded by Council member Strother to have the following
dates as Regular Session Meetings in January 2012: Monday, January 9, 2012 and Monday, January 23,
2012. Motion carried unanimously.
Town Council Page 14 of 57 Meeting Date: December 12, 2011
15. Consider and take appropriate action regarding financial and variance report for October 2011.
Motion made by Council member Cantrell, seconded by Council member Strother to approve the
Financials dated October 2011. Motion carried unanimously.
16. Town Council Liaison Updates; discussion of same:
- October 18, 2011 - TC MUD No. 1 Meeting - Council member Cantrell
- November 8, 2011 - Parks & Recreation Board Meeting - Council member Tiffany
Council members Cantrell updated the Council on the October 18, 2011 TC MUD No. 1 meeting and
Council member Tiffany updated the Council on the November 8, 2011 Parks & Recreation Board
meeting. Both Council members addressed questions. No action taken, update only.
17. Town Manager Slye's update regarding the following; discussion of the same.
- Strategic Plan Update
- Traffic signal at Bobcat Boulevard and SH 377 Update
- Regional Developer’s Summit - Metroport Chamber of Commerce
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
Town Council excused Town Attorney Patricia Adams and Town Secretary Shannon DePrater from the
Strategic Planning Session scheduled for December 2 and 3, 2011.
18. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- October 20, 2011 Metroport Cities Partnership Meeting
- October 20, 2011 Emergency Preparedness Planning Council Meeting
- October 21, 2011 Neighbor Helping Neighbor Meeting
- October 27, 2011 Byron Nelson High School Golf Team Breakfast
- October 27, 2011 NCTCOG Member Symposium and Luncheon: Focus on the Future
- November 1, 2011 - Chamber Luncheon
- November 4, 2011 - Heart of North Texas
- November 5, 2011 - Independence East Grand Opening
- November 9, 2011 - Northwest Communities Partnership Meeting
- November 9, 2011 - Baylor Grapevine Groundbreaking and Blessing
Mayor White and Council members gave a brief update of the meetings they attended since the last
Council meeting. No action taken, update only.
19. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
1. Consider and take appropriate action regarding procurement policies and their alignment with State
statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and
Production (Rose, 4/26/10)
Town Council Page 15 of 57 Meeting Date: December 12, 2011
3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes
from the developer. (Stotts, 10/4/10)
4. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds.
(Strother, 2/24/2011)
5. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout
the Town. (White, 2/24/2011)
6. Consider and take appropriate action regarding Goals for the Town Manager. (Stotts, 4/18/2011)
7. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and
political signs) (White and Cantrell, 5/2/2011)
8. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011)
9. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011)
10. Rewrite of Handbook for Elected and Appointed Officials, with projected completion date of
February 15, 2012. (Rose/Slye, 8/15/11)
11. Consider and take appropriate action regarding splash pad options at Harmony Park, including
input/direction from Council to Staff to start construction and have available next summer. (Strother,
8/1/2011)
12. Consider and take appropriate action regarding the Town’s park space located just north of the new
ball fields at the corner of Parkview and Bobcat Boulevard to investigate whether or not it would be
beneficial to place on the ballot, for citizens approval, to sale and rezone as commercial and provide
the proceeds towards other parks and recreation needs. (Cantrell, 9/12/2011)
13. Schedule a strategic planning session (Strother, 9/12/2011)
Council member Cantrell asked that item 6 be added to the December agenda; Town Manager Slye
stated the item does not need to be placed on an agenda, he just needs to send it to them and they will
have his goals before Thanksgiving.
Council member Cantrell asked Staff to look into the possibility of erecting a marquee at the North
entrance of the Town and asking the MUD and/or developers to help with the funding.
ADJOURN
Motion made by Mayor Pro Tem Hoover seconded by Council member Rose to adjourn. Motion carried
unanimously. Meeting adjourned at 9:35 p.m.
___________________________________ ________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 16 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-611-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Consider and take appropriate action regarding the Minutes dated December 2-3, 2011 (Planning the
Plan Session).
Attachments:December 2-3 - Council (Planning the Plan Session).pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated December 2-3, 2011 (Planning the Plan Session).
Town Council Page 17 of 57 Meeting Date: December 12, 2011
MINUTES FROM TOWN COUNCIL
COUNCIL STRATEGIC PLANNING SESSION
FOR THE TOWN OF TROPHY CLUB
LOCATION: Hilton Garden Inn
2600 Westport Parkway
Fort Worth, Texas 76177
Friday, December 2, 2011 at 9:00 A.M. and
Saturday, December 3, 2011
The Town Council of the Town of Trophy Club, Texas, had a Strategic Planning Session on Friday,
December 2, 2011 and Saturday, December 3, 2011. The meeting was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Larry Hoover Mayor Pro Tem
Margi Cantrell Council Member
Bill Rose Council Member
Glenn Strother Council Member
Jeannette Tiffany Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager Stephen Seidel Asst Town Manager
Mayor White announced the date of December 2, 2011, called the meeting to order and announced a
quorum at 1:03 p.m.
CONVENE INTO STRATEGIC PLANNING SESSION
1. (1:00 p.m. - 5:00 p.m.) Consider and take appropriate action regarding the development and
implementation of a Strategic Plan for the Town of Trophy Club.
Town Manager Slye welcomed Council and introduced Joe Gonzales. Council spent the remaining time
going through a step-by-step process of preparing an action plan to facilitate a long-range strategic plan
that would be driven by a proactive process involving major stakeholders of our community.
ADJOURN - FIRST SESSION
Mayor White recessed the meeting at 5:00 p.m.
SECOND SESSION - SATURDAY, DECEMBER 3, 2011 - 9:00 A.M.
Mayor White announced the date of December 3, 2011, called the meeting to order and announced a
quorum at 9:10 a.m.
2. (9:00 a.m.) Consider and take appropriate action regarding Plan the Planner Strategy Session
for Strategic Plan Initiative (continued from Friday, December 2, 2011).
Council continued through the step-by-step process of preparing an action plan to facilitate the Town’s
long-range strategic plan. The process adjourned prior to completing the action plan and Council agreed
to reconvene at the earliest possible time to complete the action plan.
ADJOURN - SECOND SESSION
Mayor White adjourned the meeting at 12:15 p.m.
___________________________________ ________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 18 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-614-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Consider and take appropriate action to ratify the Town's decline of 1% per-subscriber fee for Public,
Education and Government facilities from Charter Cable.
Attachments:Charter Memo.pdf
1% PED Fee Response Letter.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action to ratify the Town's decline of 1% per-subscriber fee for Public, Education and
Government facilities from Charter Cable.
EXPLANATION:
The Town's franchised cable services provider, Charter, has applied for a Statewide Certificate of Franchise Authority.
Under state law, when Charter transitions to the state-wide franchise, the franchise fees received by the Town will
increase from the current 3% to 5%. The Town has the option to receive an additional 1% of Gross Revenues, labeled on
customer bills as "Municipal PEG Access Fee", to fund capital expenditures associated with public educational and
government programming; however, the Town had the option to decline the additional fee. If imposed, a new 1% fee
would be charged to each customer on their monthly bill. Under the Town's current franchise agreement, a monthly fee is
not imposed, instead, a system of grants from Charter to the Town is utilized. The funds received from the Charter grants
were minimal. Due to the increase in franchise fee under state law to 5%, staff determined that the collection of the
additional 1% PEG fee was not necessary for the Town to be compensated for expenditures associated with educational
and government programming. The deadline for the Town to accept or decline the 1% fee was November 7, 2011.
Charter has been notified that the Town staff intends to recommend denial. Management seeks Council's ratification of
the Town's decline of the 1% per-subscriber fee for PEG support.
TOWN COUNCIL GOAL(S):
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends that Council take action to ratify the decline of the 1% per-subscriber fee for PEG support.
Town Council Page 19 of 57 Meeting Date: December 12, 2011
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Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
(682) 831-4600
Fax (817) 491-9312
December 13, 2011
Torrey McGraw
Government Relations Manager
Charter Communications – Texas Markets
15100 Trinity Boulevard, Suite 500
Fort Worth, Texas 76155
RE: State Issued Certificate of Franchise Authority
Mr. Torrey;
In response to your letter dated October 28, 2011, the Town of Trophy Club will
decline the additional 1% PEG capital fee at this time.
Thank you,
Connie White
Mayor, Town of Trophy Club
Town Council Page 22 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-612-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Consider and take appropriate action regarding interlocal agreement between the Town and Denton
County to provide Ambulance Services, and authorizing the Mayor or her designee to execute all
necessary documents.
Attachments:ILA with Denton Co - Ambulance Service.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding interlocal agreement between the Town and Denton County to provide
Ambulance Services, and authorizing the Mayor or her designee to execute all necessary documents.
EXPLANATION:
This is an annual mutual aid agreement for ambulance service for Denton County. The estimated run activity is five per
year.
TOWN COUNCIL GOAL(S):
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval of agreement.
Town Council Page 23 of 57 Meeting Date: December 12, 2011
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-615-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Consider and take appropriate action regarding the nomination of Mayor White to the Regional
Emergency Preparedness Planning Council (EPPC).
Attachments:Regional Emergency Preparedness Planning Council (EPPC) Vacancies Memo.pdf
2012 Nomination Form.pdf
EPPC Meeting Schedule 2012- Proposed.pdf
Rotation Log_2011.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the nomination of Mayor White to the Regional Emergency Preparedness
Planning Council (EPPC).
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Town Council Page 32 of 57 Meeting Date: December 12, 2011
1
Shannon DePrater
Subject:Regional Emergency Preparedness Planning Council (EPPC) Vacancies
Attachments:2012 Nomination Form.pdf; Rotation Log_2011.pdf; EPPC Meeting Schedule 2012-
Proposed.pdf
Subject: Regional Emergency Preparedness Planning Council (EPPC) Vacancies
North Central Texas Council of Governments
FROM: Molly Thoerner
Emergency Preparedness Program Director
North Central Texas Council of Governments
SUBJECT: Regional Emergency Preparedness Planning Council (EPPC) Vacancies
Due to the two-year term limitations of Emergency Preparedness Planning Council (EPPC) members, we currently have a
Council vacancy for which your jurisdiction is eligible. We are soliciting nominations for this position and requesting your
recommendation be returned to the Emergency Preparedness Department no later than Friday, December 16, 2011. The
Executive Board will review all nominations and select members at the January 26, 2012 Executive Board meeting.
The Emergency Preparedness Planning Council is composed of elected officials from cities and counties participating in
the NCTCOG Emergency Preparedness Department and interested in furthering our preparedness vision. The Council
ensures excellence in regional preparedness through coordination and integration of various emergency preparedness
plans, practices and resources; and through engagement of stakeholders such as state and federal agencies, hospitals,
and other private sector entities. The Council has grown to set policy and oversee regional emergency capabilities in
planning, preparedness, response, recovery, and mitigation.
For your information, we have included the current EPPC roster as well as the nomination form. A short bio of your
nominee is required as part of your submission. Nomination forms and supporting information may be returned via email
or traditional mail service. Instructions for return are listed on the nomination form.
I appreciate your support of this program and look forward to working with you to increase our regional emergency
preparedness capacity even more over the next two years.
With best regards,
Molly J. Thoerner
Emergency Preparedness Director
North C ENTRAL T EXAS C OUNCIL O F G OVERNMENTS
P.O. Box 5888 ▪ Arlington, Texas 76005-5888
O 817.608.2322 ▪ C 214-293-4299▪ www.nctcog.org/ep/
Town Council Page 33 of 57 Meeting Date: December 12, 2011
2012-2013
North Central Texas
Emergency Preparedness Planning Council
Nomination Form
Date __/__/2011
Elected Official Nominated ________________________________________________________
Title ___________________________ City of __________________________________________
Mailing Address __________________________________________________________________
City__________________________________________ Zip Code _______________________
Email Address __________________________________ Phone Number (___)____-_____
What contributions could this nominee make to the EPPC?
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
***Please include a brief biography of your nominee as part of your submission.***
_____________________________________________
Nominated By ____________________________________________________________________________
Title __________________________________ City of ______________________________________
Mailing Address ________________________________________________________
City____________________________________________ Zip Code ____________________
Email Address ___________________________________ Phone Number _(___)_____-_____
Nominator Signature __________________________________________
Please scan the completed nomination form to jshadowens@nctcog.org or mail to North Central
Texas Council of Governments, Attn: AA Jessie Shadowens, 616 Six Flags Drive CPII, Arlington,
TX 76011. In order to present nominations to the Executive Board in January 2012, submissions
will need to be at NCTCOG by close of business, Friday, December 16, 2011.
Town Council Page 34 of 57 Meeting Date: December 12, 2011
Emergency Preparedness Planning Council
2012 Meeting Information
Meetings are held at the North Central Texas Council of Governments (NCTCOG), 616 Six Flags Drive,
Centerpoint II, in Arlington, Texas.
Networking will be from 9:00 - 9:30 prior to each EPPC meeting.
Schedule
February 16, 2012 (Thursday)
Location: NCTCOG
Room: TBD
New Member Orientation: 8:30-9:00
Networking: 9:00-9:30
Meeting: 9:30-11:30
April 19, 2012 (Thursday)
Location: NCTCOG
Room: TBD
Networking: 9:00-9:30
Meeting: 9:30-11:30
June 21, 2012 (Thursday)
Location: NCTCOG
Room: TBD
Networking: 9:00-9:30
Meeting: 9:30-11:30
August 16, 2012 (Thursday)
Location: NCTCOG
Room: TBD
Networking: 9:00-9:30
Meeting: 9:30-11:30
October 18, 2012 (Thursday)
Location: NCTCOG
Room: TBD
Networking: 9:00-9:30
Meeting: 9:30-11:30
December 6, 2012 (Thursday) * Holiday Schedule
Location: NCTCOG
Room: TBD
Networking: 9:00-9:30
Meeting: 9:30-11:30
Contact Jessie Shadowens at 817-704-2534 if you have agenda requests, questions or concerns.
If an emergency meeting needs to be called, or a meeting needs to be cancelled, members and
alternates would be contacted via email and/or phone.
For the most up to date information regarding each meeting, please check the website:
http://www.nctcog.org/ep/eppc/
Town Council Page 35 of 57 Meeting Date: December 12, 2011
2011 Emergency Preparedness Planning Council
Roster and Rotation Log
First Name Last Name Title Population Represented City County Seat Expires
Keith Self County Judge COUNTY Collin Permanent
Clay Jenkins County Judge COUNTY Dallas Permanent
Bobbie Mitchell County Commissioner COUNTY Denton Permanent
Bill Dodson County Commissioner COUNTY Ellis Permanent
Tab Thompson County Judge COUNTY Erath Permanent
Roger Deeds County Sheriff COUNTY Hood Permanent
Richard Hill Councilmember COUNTY Hunt Permanent
Don Beeson County Commissioner COUNTY Johnson Permanent
Bruce Wood County Judge COUNTY Kaufman Permanent
HM Davenport County Judge COUNTY Navarro Permanent
Mark Riley County Judge COUNTY Parker Permanent
Jerry Hogan County Judge COUNTY Rockwall Permanent
B. Glen Whitley County Judge COUNTY Tarrant Permanent
Bill McElhaney County Judge COUNTY Wise Permanent
Alan Hanes Councilmember 5,000-14,999 Red Oak Ellis January 2013
Tim Murphy Councilmember 5,000-14,999 Decatur Wise Janaury 2012
Sidney Sexton Mayor 5,000-14,999 Seagoville Dallas January 2012
Rickie Allison Mayor Pro Tem 15,000-29,999 Benbrook Tarrant January 2013
Joe Frizzell Mayor Pro Tem 15,000-29,999 Midlothian Ellis Janaury 2012
David Kelly Mayor 15,000-29,999 Colleyville Tarrant January 2012
Allen Harris Councilmember 30,000-49,999 The Colony Denton January 2012
Sandy Respess Councilmember 30,000-49,999 DeSoto Dallas January 2013
Gayle White Councilmember 30,000-49,999 Cleburne Johnson January 2012
Perry Bynum Councilmember 50,000-79,999 Euless Tarrant January 2012
John Gorena Councilmember 80,000-119,999 Lewisville Denton January 2013
Richard Fregoe Councilmember 120,000-169,999 Grand Prairie Dallas January 2012
Ray Ricchi Councilmember 120,000-169,999 McKinney Collin January 2012
Rick Williams Mayor Pro Tem 170,000-249,999 Garland Dallas January 2013
Robert Cluck Mayor 250,000-399,999 Arlington Tarrant January 2012
Danny Scarth Mayor Pro Tem 400,000-749,999 Fort Worth Tarrant January 2013
Delia Jasso Councilmember 750,000 +Dallas Dallas January 2013
Prepared by Melanie Devine 11/17/2011 Page 1Town Council Page 36 of 57 Meeting Date: December 12, 2011
2011 Emergency Preparedness Planning Council
Roster and Rotation Log
Chair Vice-Chair
Prepared by Melanie Devine 11/17/2011 Page 2Town Council Page 37 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-613-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Update of the proposed design of the Roundabout for Trophy Club Drive and Trophy Lake Drive
Intersection scheduled for re-bid in January 2012, as well as proposed construction timeline;
discussion of same.
Attachments:
Action ByDate Action ResultVer.
TITLE
Update of the proposed design of the Roundabout for Trophy Club Drive and Trophy Lake Drive Intersection scheduled
for re-bid in January 2012, as well as proposed construction timeline; discussion of same.
EXPLANATION:
The Town Engineer, Tom Rutledge, with Teague, Nall & Perkins (TNP), will present the final design of the roundabout --
the water feature has been removed ($65,000). Water and sewer improvements will be bid as an alternate. TNP will also
review the re-bidding schedule.
At the June 6, 2011 Town Council meeting, Council approved the rebidding of the Roundabout project:
Excerpt of June 6, 2011 Town Council meeting minutes:
6. Consider and take appropriate regarding the award/rejection of bids for the Roundabout Intersection located
at Trophy Club Drive and Trophy Lake, apparent best qualified bidder JRJ Paving, in an amount not to
exceed $1,405,425.64, and authorizing Town Manager Slye or his designee to execute all necessary
documents.
Town Manager Slye shared that Tom Rutledge is present to review the Bid documentation and offer an engineer’s
recommendation and then Slye will give Staff’s recommendation.
Town Manager Slye’s recommendation is to reject the bids and rebid in January 2012.
Nick Sanders, 7 Hayes Court, addressed the Council. Sanders supports waiting on the project as a MUD director, the
item is unbudgeted.
Motion made by Mayor Pro Tem Hoover, seconded by Council member Rose, to defer the construction of the roundabout
until next spring and reject all bids for the Roundabout. Motion carried 5:0:1 with Council member Strother abstaining.
Motion made by Council member Rose, seconded by Council member Tiffany, to direct Town Manager Slye to bid the
project in January 2012.
Town Manager Slye requested specific direction from Council and to ensure that this item does not die; would like
authorization to strategize and move forward when appropriate.
Council member Rose amended his motion by removing the date of January 2012; Council member Tiffany agreed.
Motion carried unanimously.
As a separate agenda item (#11), Staff recommends improvements to Village Trail to help alleviate traffic congestion.
Town Council Page 38 of 57 Meeting Date: December 12, 2011
File #: 2011-613-T, Version: 1
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Goal #4: Healthy, Picturesque, and Environmentally Sound
Promote recreational / active lifestyle opportunities for all ages
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Town Council Page 39 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-623-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/7/2011 Town Council
On agenda:Final action:12/12/2011
Title:Consider and take appropriate action regarding the median at Trophy Lake Drive and Village Trail.
Attachments:images.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the median at Trophy Lake Drive and Village Trail.
TOWN COUNCIL GOAL(S):
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Town Council Page 40 of 57 Meeting Date: December 12, 2011
Town Council Page 41 of 57 Meeting Date: December 12, 2011
Town Council Page 42 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-616-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Town Manager Slye's update regarding the following; discussion of the same.
- December 2-3, 2011 - Council Strategic Planning Session (Planning the Plan)
- December 10, 2011 - Trophy Club's Let it Snow Event
- December 16-22, 2011 - Vacation
- Branding/Logo Update
- HWY 377 and Bobcat Boulevard Traffic Signal Update
- PD-30 Scheduling Update
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Manager Slye's update regarding the following; discussion of the same.
- December 2-3, 2011 - Council Strategic Planning Session (Planning the Plan)
- December 10, 2011 - Trophy Club's Let it Snow Event
- December 16-22, 2011 - Vacation
- Branding/Logo Update
- HWY 377 and Bobcat Boulevard Traffic Signal Update
- PD-30 Scheduling Update
Town Council Page 43 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-617-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- November 17, 2011 - Metroport Cities Partnership Monthly Meeting
- November 28, 2011 - 26th Congressional District/TxDot Transportation Summit
- December 2, 2011 - Mayor's Roundtable
- December 7, 2011 - TML Region 8 Dinner/Meeting
- December 8, 2011 - Emergency Preparedness Planning Council Meeting
- December 9, 2011 - Denton County Mayor's Luncheon
Attachments:
Action ByDate Action ResultVer.
TITLE
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
- November 17, 2011 - Metroport Cities Partnership Monthly Meeting
- November 28, 2011 - 26th Congressional District/TxDot Transportation Summit
- December 2, 2011 - Mayor's Roundtable
- December 7, 2011 - TML Region 8 Dinner/Meeting
- December 8, 2011 - Emergency Preparedness Planning Council Meeting
- December 9, 2011 - Denton County Mayor's Luncheon
Town Council Page 44 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-618-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
TITLE
Items for Future Agendas.
Town Council Page 45 of 57 Meeting Date: December 12, 2011
Town of Trophy Club Town Council Future Agenda Items List
1. Consider and take appropriate action regarding procurement policies and their
alignment with State statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
3. Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer. (Stotts, 10/4/10)
4. Explore the feasibility of combining the EDCs and improved ways of expending
EDC funds. (Strother, 2/24/2011)
5. Consider and take appropriate action regarding the creation of a “Going Green”
initiative throughout the Town. (White, 2/24/2011)
6. Consider and take appropriate action regarding Goals for the Town Manager.
(Stotts, 4/18/2011)
7. Consider and take appropriate action regarding updates to the Sign Ordinance
(retail windows and political signs) (White and Cantrell, 5/2/2011)
8. Consider and take appropriate action regarding ball park signage. (Cantrell,
6/6/2011)
9. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany,
6/6/2011)
10. Rewrite of Handbook for Elected and Appointed Officials, with projected completion
date of February 15, 2012. (Rose/Slye, 8/15/11)
11. Consider and take appropriate action regarding splash pad options at Harmony
Park, including input/direction from Council to Staff to start construction and have
available next summer. (Strother, 8/1/2011)
12. Consider and take appropriate action regarding the Town’s park space located just
north of the new ball fields at the corner of Parkview and Bobcat Boulevard to
investigate whether or not it would be beneficial to place on the ballot, for citizens
approval, to sale and rezone as commercial and provide the proceeds towards
other parks and recreation needs. (Cantrell, 9/12/2011)
13. Schedule a strategic planning session (Strother, 9/12/2011)
14. Consider and take appropriate action regarding the possibility of erecting a
marquee at the North entrance of the Town and asking the MUD and/or developers
to help with the funding. (Cantrell, 11/14/2011)
Town Council Page 46 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-619-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter
551, the Council will enter into executive session to discuss the following items:
(A) Texas Government Code Section 551.072. To discuss or deliberate the purchase, exchange,
lease, or value of real property where deliberation in an open meeting would have a detrimental effect
on the position of the governmental body in negotiations with a third person.
(1) Potential land acquisition from Church at Trophy Lakes for public use in construction of the
Roundabout
(B) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the duties of a
public officer or employee pursuant to Section 551.074 (a)(1) of the Texas Open Meetings act.
(1) Goals for Town Manager, Mike Slye
Attachments:
Action ByDate Action ResultVer.
TITLE
Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will
enter into executive session to discuss the following items:
(A) Texas Government Code Section 551.072. To discuss or deliberate the purchase, exchange, lease, or value of real
property where deliberation in an open meeting would have a detrimental effect on the position of the governmental
body in negotiations with a third person.
(1) Potential land acquisition from Church at Trophy Lakes for public use in construction of the Roundabout
(B) Texas Government Code Section 551.074(a)(1). To discuss or deliberate the duties of a public officer or employee
pursuant to Section 551.074 (a)(1) of the Texas Open Meetings act.
(1) Goals for Town Manager, Mike Slye
Town Council Page 47 of 57 Meeting Date: December 12, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-621-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:12/5/2011 Town Council
On agenda:Final action:12/12/2011
Title:Consider and take appropriate action regarding the Executive Session Items.
Attachments:
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Executive Session Items.
Town Council Page 48 of 57 Meeting Date: December 12, 2011
Supplemental
Information
Town Council Page 49 of 57 Meeting Date: December 12, 2011
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December 8, 2011
Number 29
REDISTRICTING LAWSUITS COULD AFFECT CITY ELECTIONS
In the ongoing state-level redistricting saga, the Texas attorney general has suggested to the U.S.
Supreme Court that the Court could delay Texas House and Senate primary elections, if
necessary, to a date in May that is already scheduled as the primary-runoff election date (May
22, 2012). If the Supreme Court grants the attorney general’s request, that might affect cities’
ability to conduct their elections on the May 12, 2012, uniform election date due to the inability
to secure legally required electronic voting machines.
State-level redistricting is a political hot-button issue that the League stays away from at all
costs. So far in the complex legal wrangling, the Texas Legislature passed new maps earlier this
year, the United States District Court for the District of Columbia has initially declined to
“preclear” the new maps because the may violate the federal Voting Rights Act (a trial will be
held to make the final determination), and the federal District Court for the Western District of
Texas issued its own “interim” maps to try to move forward with the 2012 state primary
elections. The attorney general’s office, which must defend the legislatively drawn maps, then
sought an emergency stay from the United States Supreme Court to stop the use of the Western
District Court’s interim maps.
The attorney general’s suggestion that the Supreme Court use the primary runoff date for the
general primary could play into pre-existing concerns relating to S.B. 100 (passed by the Eighty-
Second Texas Legislature earlier this year to implement the federal Military and Overseas Voter
Empowerment (MOVE) Act of 2009). Senate Bill 100 implemented the MOVE Act in Texas by
moving the primary runoff date, which used to be held on the second Tuesday in April of even
numbered years, to the fourth Tuesday in May.
The new primary runoff date means that the May uniform election date (the second Saturday in
May that most of the state’s more than 1,200 cities use for their general elections) will fall
between the primary and primary runoff dates in even numbered years. This has caused concern
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for many cities because state law requires that each polling place have at least one electronic
voting machine.
While there are several ways that cities can obtain machines, the most common has been to
partner with their respective counties to do so. Since S.B. 100 went into effect in September
2011, many county clerks and election administrators have agreed to contract with cities, school
districts, and other local governments to provide machines for the upcoming election. Those
agreements, as well as ongoing negotiations, are likely premised on the assumption that runoffs
on the new May 22, 2012, date would be rare, sparsely attended, or both. Moving the general
primary to May 22 would alter that assumption.
The League has submitted a letter to the attorney general stating our concerns, providing
alternatives, and offering technical assistance on the election date issue. The letter is available
here:
http://www.tml.org/legal_pdf/AG%20letter%20re%20redistricting%20suit%20113011.pdf
HOUSE AND SENATE COMMITTEES HOLD HEARINGS ON DROUGHT
The House and Senate Committees on Natural Resources held hearings in November on their
interim charges related to drought conditions in the state. The charges are as follows:
House: Monitor the ongoing statewide drought and the performance of state, regional,
and local entities in addressing it. Examine the impact of the drought on the state water
plan, including an evaluation of how well the state's existing water resources can meet
demand, the need for additional funding sources to implement the plan, and the
effectiveness of current drought planning and drought management policies. Identify
short-term and long-term strategies to help the state better cope with drought and assess
any obstacles, including state and federal regulations, to implementation of these
strategies.
Senate: Review water resources and conservation measures included in the State Water
Plan to ensure that the appropriate entities are implementing the plans and that state and
local authorities are enforcing requirements of the plans. In addition, the committee
should evaluate methods to effectively enhance existing water resources and promote
water conservation measures across the state at all times, not just in case of severe
drought conditions.
The committees, in all-day sessions, each heard from a host of state and local officials. Of note,
the following city officials testified at the hearing:
Jackie Levingston, Mayor, City of Groesbeck (and on behalf of the Texas Municipal
League)
Webb Melder, Mayor, City of Conroe (and on behalf of the Texas Municipal League)
Finley DeGraffenried, City Manager, City of Llano
Greg Meszaros, City of Austin Water Utility
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Karen Guz, San Antonio Water System
Testimony focused on the fact that the current drought is one of the worst in Texas history.
Couple that with aging infrastructure and a huge potential cost to meet the state’s current and
future water demand, and the main points that emerged at the hearing were: (1) conservation is a
means to extend the current water supply, including suggestions by some legislators that cities
should do more in the area of water reuse; and (2) the legislature needs to find a dedicated
funding source to meet infrastructure needs outlined in the State Water Plan.
City officials should expect to see a large amount of legislative activity in this area in 2013. A
League position on those issues will be developed in the legislative policy process next year.
TEXAS SUPREME COURT CURTAILS CITY AUTHORITY IN GRIP
PROCEEDINGS
The Texas Supreme Court, in the case of Atmos Energy Corporation v. The Cities of Allen, et al.
and the Railroad Commission of Texas, has concluded that cities have very little authority when
it comes to Gas Reliability Infrastructure Program proceedings.
In 2003, the Texas Legislature passed the Gas Reliability Infrastructure Program (GRIP) statute.
The GRIP statute permits a gas utility to file a new tariff adjusting its base rates to recover the
costs of new “capital investment” made in the preceding calendar year, without the necessity of
filing a rate case.
The statute is supposed to create an incentive for investment in Texas’ gas pipeline infrastructure
“to meet continuing growth in the state and to enhance safety by replacing aging facilities.”
However, some cities have expressed concern about the items included in gas utilities’ requests
for rate increases. Those cities tried to intervene in a GRIP proceeding to be able to review the
propriety of the increases.
The Texas Supreme Court ultimately concluded that the legislature “designed GRIP to
incentivize gas utilities to expand infrastructure and empowered them to file interim rate
adjustments in between rate cases.” Thus, the Court held that the Texas Railroad Commission
has appellate jurisdiction over GRIP proceedings. The holding means that, if a city denies a
GRIP increase, a gas utility can simply appeal that to the commission. More significantly, the
Court held that cities have no right to participate in the commission’s GRIP decisions.
The decision means that cities are left with one option to dispute the commission’s approval of a
GRIP-based rate increase: the city would have to institute a full-blown rate case. That is an
extremely expensive and time-consuming process.
The issue of municipal involvement in rate cases, and how the League lobbies on that issue, will
be considered during the League’s legislative policy process next year.
Town Council Page 52 of 57 Meeting Date: December 12, 2011
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PROPERTY TAX EXEMPTION STATUTE ADDRESSED IN ATTORNEY
GENERAL’S OPINION
On October 28, the attorney general issued an opinion that may open the door for more entities to
seek property tax exemptions.
The question presented to the attorney general in Opinion No. GA-890 was whether or not a
local board of realtors could be characterized as a “nonprofit community business organization”
for purposes of the property tax exemption provided by Section 11.231 of the Tax Code.
Despite the fact that the author of the original legislation providing for the exemption intended
for the exemption to apply only to chambers of commerce, the attorney general concluded that
any “nonprofit community business organization” that is engaged primarily in performing one of
the particular economic development activities specified by statute could qualify for the
exemption.
The opinion is available here:
https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2011/htm/ga-0890.htm
FORT WORTH COURT OF APPEALS RULES THAT
OWNERS MAY SUE TO RECOVER THE SENTIMENTAL (INTRINSIC)
VALUE OF A PET
In a November 2011 opinion, the Fort Worth Court of Appeals held in Medlen v. Strickland that
pet owners could be awarded damages based on the sentimental value of a pet. The decision
reverses the ruling of the trial court and changes what most thought was a well-settled area of
law.
In the case, a City of Fort Worth animal control employee (Strickland) mistakenly euthanized a
dog. The owners of the dog sued Strickland alleging that her negligence proximately caused the
dog’s death. Because the dog had little to no market value, the owners sued for the “sentimental
or intrinsic value” of the dog. The trial judge dismissed the suit, and the dog owners appealed.
The Fort Worth Court of Appeals held that an owner may be awarded damages based on the
sentimental value of lost personal property such as a dog, leaving the intermediate appellate
courts split on the issue.
Strickland’s legal counsel filed a motion for reconsideration en banc (by all of the court’s
justices), which was denied on December 1, 2011. Strickland may file a petition for review with
the Texas Supreme Court in mid-January.
Town Council Page 53 of 57 Meeting Date: December 12, 2011
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SELECT SENATE INTERIM CHARGES RELEASED
Lt. Governor David Dewhurst has released a handful of select interim charges to committees of
the Texas Senate to study prior to the 2013 legislative session. Some of those studies will impact
cities. Descriptions of the major city-related charges are reprinted in their entirety below. TML
will monitor additional charges released by the Lt. Governor and the progress of each study.
Transportation & Homeland Security Committee: Examine the impact of border
violence and illegal trafficking on the Texas economy, including the infringement on
Texas property rights. Make recommendations for enhancing border security and
maximizing federal resources targeted for this purpose.
Criminal Justice Committee: Review statutes and regulations relating to money
laundering to enhance state, federal, and local efforts to combat money laundering and
enforce administrative and criminal actions against perpetrators of money laundering.
Natural Resources Committee: Review water resources and conservation measures
included in the State Water Plan to ensure that the appropriate entities are implementing
the plans and that state and local authorities are enforcing requirements of the plans. In
addition, the committee should evaluate methods to effectively enhance existing water
resources and promote water conservation measures across the state at all times, not just
in case of severe drought conditions.
Economic Development Committee: Assess the economic impact of the long‐term
drought on all sectors of the Texas economy. Include additional analysis of economic
consequences of wildland fires. Develop a compendium of federal, state, and local
funding and other assistance alternatives for reducing the long‐term economic
consequences of the drought.
Intergovernmental Relations Committee: Analyze ways to better coordinate existing
federal, state, and local housing resources to increase access to affordable housing
following a disaster that caused the loss of homes. Review best practices for fulfilling
emergency short-term housing needs and developing long‐term housing opportunities
using existing tools, such as land trusts, land banks, and other available incentives.
Review housing and development codes, and guidelines for structures in areas prone to
natural disasters, and make recommendations on how these structures can be “hardened”
to avoid loss. In addition, make recommendations to educate and enable private
landowners to use best practices in fire risk mitigation, fuel reduction, and urban forest
management to reduce exposure to wildland fires.
Subcommittee on Flooding & Evacuations: Investigate and evaluate communication
options during evacuations, and make recommendations for legislative action. Focus on:
o non-voice emergency communication;
o “near-term solutions” that can be utilized prior to the implementation of Next
Generation 911 technologies;
o the usage of social media to convey official information (highlighting the pros and
cons of such forums); and
o any other effective forms of communication that have been successfully used by
governing and law enforcement entities.
Business & Commerce Committee: Assess the impact of current and anticipated
drought conditions on electric generation capacity. Identify those regions of Texas that
Town Council Page 54 of 57 Meeting Date: December 12, 2011
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will be most affected by a lack of capacity. Analyze response plans and make
recommendations to improve and expedite those plans.
Transportation & Homeland Security Committee:
o review state, local and federal emergency preparation and response efforts as they
pertain to protecting lives, property, and natural resources from the risks of
wildland fire.
o consider ways to facilitate better communication, collaboration, and response
between all state agencies and stakeholders involved in wildfire prevention,
mitigation, and control;
o review training of emergency responders to ensure that they have the appropriate
skills to respond to wildfire events; and
o review best practices in urban forest management and fuel reduction policies, both
regulatory as well as voluntary, to promote safe firefighting operations.
CITIES MAY ACCESS AUTO BURGLARY AND THEFT GRANTS
The Texas Automobile Burglary and Theft Prevention Authority (the Authority) is soliciting
applications for grants to combat automobile theft and burglary in Texas. The grant cycle will
begin on September 1, 2012. Cities may apply for the grants but must follow certain procedures
to be eligible.
Background
The Authority was established by the Texas Legislature in 1991, when it was known simply as
the Automobile Theft Prevention Authority. In 2007, the legislature added automobile burglary
to the Authority’s mission. Today, the Authority is charged with assessing the automobile
burglary and theft problems in Texas and providing financial support to combat those problems.
Funds for that financial support come from a fee on automobile insurance policies. Each insurer
is required to pay a fee based on the total number of vehicle years of insurance. Beginning in
1991, that fee was one dollar per vehicle year. This year, however, the legislature increased the
fee to two dollars but provided that only 50 percent of the fee would go to the Authority. Since
1991, the Authority has funded and managed 485 grants totaling nearly $185 million.
Application for Grants
On October 28, 2011, the Authority announced its solicitation of applications for grants for the
grant cycle beginning on September 1, 2012. The following types of projects are eligible:
Law Enforcement/Detection/Apprehension Projects
Prosecution/Adjudication/Conviction Projects
Prevention/Anti-Theft Projects
Reduction of Sale of Stolen Vehicles or Parts Project
Public Awareness/Crime Prevention/Education Projects
Eligible applicants include state agencies, units of local governments, school districts, and non-
profit or for-profit organizations.
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A mandatory workshop for all applications will be held on Monday and Tuesday, March 19 and
20, 2012, in Austin. All further information is available at:
www.txwatchyourcar.com
The application deadline will be Friday, May 4, 2012. For further information, contact Charles
Caldwell, the Authority’s director, at (512) 374-5101.
FEDERAL “THREE-PERCENT WITHHOLDING TAX” REPEALED
Thanks in part to the work of a coalition of national local government associations, the so-called
three-percent withholding tax has been repealed.
The federal Tax Increase Prevention and Reconciliation Act of 2005 contained a provision that
would have required certain federal agencies and state and local governments (those with total
annual expenditures of $100 million or more) to begin withholding three percent of payments to
vendors for certain goods and services in 2013.
In November, the House voted 422-0 in favor of the bill repealing the tax. President Obama
signed it into law later that month.
HAVE YOU COMPLETED YOUR OPEN GOVERNMENT TRAINING?
State law requires each elected or appointed member of a governmental body to take at least one
hour of training in both the Open Meetings Act and the Public Information Act. In addition, a
city’s officer for public information (often the city secretary) must take at least one hour of
training in the Public Information Act.
With regard to the Public Information Act training, a public official (for example, a member of a
municipal governing body) may designate a public information coordinator to satisfy the open
records training requirement. For example, a city secretary could fill this role.
The training must be completed no later than 90 days after a person takes the oath of office or
assumes the responsibilities of the office. Once a person has taken the training, the requirement
is satisfied; the law does not require a refresher or update.
The attorney general’s office allows the training requirement to be met in three ways: (1) live
training provided by that office; (2) a video that is available free of charge or online; and (3)
certification of other entities, such as TML, to provide the training. TML is certified to offer
training and frequently conducts workshops that satisfy the training requirements.
For detailed information, please visit www.oag.state.tx.us and click on the “Open Government”
tab at the top of the page, then select “Open Government Training” on the right.
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DEVELOPMENT OF THE LEAGUE’S 2013 LEGISLATIVE PROGRAM:
CALL FOR VOLUNTEERS
The League’s legislative policy, which is the staff’s “roadmap” to advocacy activities, is
developed by city officials and ultimately approved by the TML Board of Directors. Click here
to learn about how TML staff implements policy. In order to allocate the League’s finite
resources, volunteers are needed to serve on committees that help to develop that process. A
diverse group of volunteers ensures that League staff focuses on those core municipal issues that
are truly important to all or most cities. If you would like to volunteer, please contact JJ Rocha
at jj@tml.org or 512-231-7400.
TML member cities may use the material herein for any purpose. No other
person or entity may reproduce, duplicate, or distribute any part of this
document without the written authorization of the Texas Municipal League.
Town Council Page 57 of 57 Meeting Date: December 12, 2011