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Agenda Packet TC 12/09/2014Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:30 PMTuesday, December 9, 2014 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2014-1665-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 9, 2014. 2.2014-1666-T Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the January 13, 2015 meeting. January 13, 2015 Proposed Agenda.pdfAttachments: 3.2014-1674-T Discussion of items from future agenda list: A. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) B. Consider and take appropriate action regarding general signage on poles and painted on road beds. (Parrow 8/26/2014) C. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe 9/9/2014) D. Review of policies related to employees compensation for auto allowances and retirement plans. (Sanders 9/9/2014) Staff Report- Crosswalk Safety Enhancements.pdf Brochure page.pdf Site picture.pdf Crosswalk map.pdf Attachments: 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 four (4) 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 43 Meeting Date: Tuesday, December 9, 2014 December 9, 2014Town Council Meeting Agenda REGULAR SESSION 4.2014-1678-T Consider and take appropriate action regarding a non-exclusive Agreement between the Town and TCR Youth Baseball Association for the use of Independence Park baseball and concession facilities for the Spring and Fall 2015 baseball seasons; providing for terms of usage and fees; and authorizing the Mayor or his designee to execute all necessary documents. Staff Report - TCR Youth Baseball Association Agreement.pdf TCR Youth Baseball Agreement for Fall 2014 Baseball Season.pdf Attachments: 5.2014-1667-T Consider and take appropriate action regarding a recommendation from the Animal Shelter Board regarding the future of the animal shelter facility. 6.2014-1675-T Consider and take appropriate action regarding the recommendation from the Information Technology Subcommittee regarding the disposition of software jointly owned by the Town and Trophy Club Municipal Utility District No. 1. 7.2014-1669-T Consider and take appropriate action regarding proposed Town Council Meeting dates for January 2015. January 2015 Calendar.pdfAttachments: 8.2014-1670-T Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Staff Report - TIRZ No 1 Board Appointment.pdf Res 2014-44 repealing RES 2014-04 Appointing Citizens to the TIRZ 1 Board.pdf Attachments: 9.2014-1671-T Town Council Liaison Updates; discussion of same. * Citizen Financial Advisory Board - December 1st Council Liaison - Mayor Pro Tem Lamont 10.2014-1672-T Town Manager Slye's update regarding the following; discussion and provide input regarding same. * Special Session Town Council Meeting - December 18th * Human Resources Update - Town Secretary Recruitment - Director of Finance Recruitment * Trophy Club Magazine Update * No Solicitation Sign Update * Update regarding Public Services Annex Building Discussion with Trophy Club Municipal Utility District No. 1 * Gingerbread Cookie Decorating with Trophy Club Fire Department, December 12th 11.2014-1673-T Items for Future Agendas. Items for Future Agendas.pdfAttachments: Town Council Page 2 of 43 Meeting Date: Tuesday, December 9, 2014 December 9, 2014Town Council Meeting Agenda EXECUTIVE SESSION 12.2014-1676-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if 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 sites for the location of a new Police and Town Hall Facility and related negotiations RECONVENE INTO REGULAR SESSION 13.2014-1677-T Consider and take appropriate action regarding the Executive Session. ADJOURN * 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 December 4, 2014 by 6:00 P.M. in accordance with Chapter 551, Texas Government Code. Tammy Ard Interim 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 December, 2014. ________________________________, Title: ___________________________ Town Council Page 3 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1665-T Name: Status:Type:Agenda Item Workshop File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 9, 2014. Attachments: Action ByDate Action ResultVer. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 9, 2014. Town Council Page 4 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1666-T Name: Status:Type:Agenda Item Workshop File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the January 13, 2015 meeting. Attachments:January 13, 2015 Proposed Agenda.pdf Action ByDate Action ResultVer. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the January 13, 2015 meeting. Town Council Page 5 of 43 Meeting Date: Tuesday, December 9, 2014 Meeting Date 1/13/2015 STAFF RPT RES ORD PROC File ID Dept Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 13, 2015.Town Sec Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the January 27, 2015 meeting.Town Sec Consent STAFF RPT RES ORD PROC File ID Dept Consider and take appropriate action regarding financial and variance report dated November 2014.Finance Regular Session STAFF RPT RES ORD PROC File ID Dept No solicitation sign community Garden Budget Amendment for Crosswalk safety improvements and soliciation signs CFAB recommendation regarding Trophy Club Park NISD ILA - Lakeview Town Council Liaison Updates; discussion of same: Town Sec Town Manager Slye's update regarding the following;discussion and provide input regarding same.Town Mgr Items for Future Agendas.Town Sec Workshop Town Council Page 6 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1674-T Name: Status:Type:Agenda Item Workshop File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Discussion of items from future agenda list: A. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) B. Consider and take appropriate action regarding general signage on poles and painted on road beds. (Parrow 8/26/2014) C. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe 9/9/2014) D. Review of policies related to employees compensation for auto allowances and retirement plans. (Sanders 9/9/2014) Attachments:Staff Report- Crosswalk Safety Enhancements.pdf Brochure page.pdf Site picture.pdf Crosswalk map.pdf Action ByDate Action ResultVer. Discussion of items from future agenda list: A. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) B. Consider and take appropriate action regarding general signage on poles and painted on road beds. (Parrow 8/26/2014) C. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe 9/9/2014) D. Review of policies related to employees compensation for auto allowances and retirement plans. (Sanders 9/9/2014) Town Council Page 7 of 43 Meeting Date: Tuesday, December 9, 2014 To: Mayor and Town Council From: Ed Helton, Director of Street Services CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Crosswalk Safety Enhancements Town Council Meeting, Tuesday, December 9, 2014 Agenda Item: Review of crosswalk safety enhancements Explanation: At Council request, staff met with 2 Traffic Control vendors and visited all crosswalk sites in Town. The Rectangular Rapid Flashing Beacon (RRFB) is a pole mounted, solar powered unit activated by pushing a button on either side of the crosswalk. They come in one-sided (2 lights) and two-sided (4 lights) versions. They also have pedestrian verification lights on the end so pedestrians know the lights are activated when they push the button. The desired configuration for our four lane divided application would be a one-sided light on each side of the roadway and a two-sided light in the center median. The one-sided lights cost approximately $2,500 and the two-sided are approximately $3,000. The cost can vary depending on the size of the order. During the field audit with the vendors, it was commented that these types of safety precautions are not necessary at intersections that already have controlled vehicular movement, i.e., TC Drive at Indian Creek. The roundabout was also ruled out because of the many segments of that intersection. The entire town was audited for areas that these facilities would have the most impact. Five areas were determined to be most critical with a couple of other points that should be considered. Those areas are listed below in the Recommendations. Attachments: • Brochure page • Site picture • Crosswalk map Recommendation: If Council chooses to move forward with the enhancements, Staff recommends the following locations for the three pole light systems: • Trophy Club @ Meadow Creek Ct. • Trophy Lake @ Village Trail Town Council Page 8 of 43 Meeting Date: Tuesday, December 9, 2014 • Trophy Club @ Durango • Trophy Club @ Bobcat • Bobcat @ Parkview Estimated cost: $37,000 Council may also want to consider installing a one-light system on Parkview at the crosswalks adjacent to Medlin Middle School and the entrance to the Community Pool. Estimated cost: $10,000 Town Council Page 9 of 43 Meeting Date: Tuesday, December 9, 2014 T o w n C o u n c i l P a g e 1 0 o f 4 3 M e e t i n g D a t e : T u e s d a y , D e c e m b e r 9 , 2 0 1 4 T o w n C o u n c i l P a g e 1 1 o f 4 3 M e e t i n g D a t e : T u e s d a y , D e c e m b e r 9 , 2 0 1 4 T o w n C o u n c i l P a g e 1 2 o f 4 3 M e e t i n g D a t e : T u e s d a y , D e c e m b e r 9 , 2 0 1 4 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1678-T Name: Status:Type:Agenda Item Public Hearing File created:In control:12/4/2014 Town Council On agenda:Final action:12/9/2014 Title:Consider and take appropriate action regarding a non-exclusive Agreement between the Town and TCR Youth Baseball Association for the use of Independence Park baseball and concession facilities for the Spring and Fall 2015 baseball seasons; providing for terms of usage and fees; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:Staff Report - TCR Youth Baseball Association Agreement.pdf TCR Youth Baseball Agreement for Fall 2014 Baseball Season.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a non-exclusive Agreement between the Town and TCR Youth Baseball Association for the use of Independence Park baseball and concession facilities for the Spring and Fall 2015 baseball seasons; providing for terms of usage and fees; and authorizing the Mayor or his designee to execute all necessary documents. Town Council Page 13 of 43 Meeting Date: Tuesday, December 9, 2014 To: Mayor and Town Council From: Adam Adams, Director of Parks & Recreation CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: TCR Youth Baseball Association Agreement Town Council Meeting, Tuesday, December 9, 2014 Agenda Item: Consider and take appropriate action regarding a non-exclusive Agreement between the Town and TCR Youth Baseball Association for the use of Independence Park baseball and concession facilities for the Spring and Fall 2015 baseball seasons; providing for terms of usage and fees; and authorizing the Mayor or his designee to execute all necessary documents. Explanation: Last year Council requested that the Parks and Recreation Board form a sub-committee to look at each of the youth sports organizations and make recommendations based on their investigation. Council moved forward with a contract for baseball based on those recommendations, extending their contract for six month periods with the anticipation of an annual contract being signed for 2015. This contract removes pass-through fees for Trophy Club and Roanoke residents and increases the fees for participants residing outside of Trophy Club and Roanoke. Attachments: • TCR Youth Baseball Association Agreement for Fall 2014 Baseball Season Recommendation: Staff recommends the approval of this contract. Town Council Page 14 of 43 Meeting Date: Tuesday, December 9, 2014 THE STATE OF TEXAS § § COUNTY OF DENTON § NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND THE TCR YOUTH BASEBALL ASSOCIATION THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as “TOWN”), acting by and through its Mayor or designee, and the TCR Youth Baseball Association (hereinafter referred to as “TCRYBA”), acting by and through the President its Board of Directors, or designee, (hereinafter “Agreement”). WITNESSETH: WHEREAS, the TOWN owns and maintains TOWN parks and sports facilities on Independence (hereinafter “Independence Park”); and WHEREAS, the TCRYBA is comprised of various youth baseball teams for baseball play; and WHEREAS, the TCRYBA desires to use the TOWN parks and facilities as specifically identified herein below; and WHEREAS, maintenance and upkeep obligations shall be shared by Town and TCRYBA as expressly set forth in this Agreement; and WHEREAS, TCRYBA and TOWN agree that it serves their best interests to work with TOWN; and WHEREAS, TCRYBA and TOWN agree that the properties and facilities identified herein shall be used by TCRYBA solely for the purpose of providing baseball use for the members of the TCRYBA; and WHEREAS, the parties agree that this Agreement supersedes any and all prior written and/or oral agreements for use of Independence Park, and by execution of this Agreement, the parties agree and intend that this Agreement shall exclusively govern TCRYBA’s use of Independence Park. NOW THEREFORE, FOR AND IN CONSIDERATION of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, TOWN and TCRYBA do hereby agree as follows: Town Council Page 15 of 43 Meeting Date: Tuesday, December 9, 2014 I. INCORPORATION OF PREMISES / TERM 1.01 Incorporation of Premises. The foregoing premises to this Agreement are incorporated herein for all purposes as if set out herein verbatim. 1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on December 31, 2015, unless otherwise terminated as provided herein. After the initial term has expired, this contract will automatically renew for (3) additional terms of one (1) year each, provided that each such renewal is not contested by either party within ninety (90) days of the contract’s expiration date. II. INDEPENDENCE PARK / CONSIDERATION 2.01 Independence Park. TOWN, under the terms and conditions provided herein, shall allow TCRYBA the non-exclusive use of Independence Park and facilities within the parks as specifically identified in Exhibit “A”, a copy of which is attached hereto and incorporated herein, for athletic and sporting events, to wit, baseball events. 2.02 Consideration. In addition to the fees otherwise provided herein, for the Spring, 2015 Season and the Fall 2015 Season (defined below), TCRYBA shall assess and collect a fee for each child who does not live within the corporate limits of the Town of Trophy Club or the City of Roanoke. Such fee shall be twenty dollars ($20.00) per child for each child who enrolls in the recreation division of the TCRYBA baseball program and thirty dollars ($30.00) per child for each child who enrolls in the select division of the TCRYBA baseball program. No later than the twenty-first (21st) day after the commencement of regular season game play for the Spring 2015 Season and for the Fall 2015 Season, TCRYBA shall remit to Town all such fees collected and shall provide the written report required by Section 12.02 of this Agreement. In further consideration for the use of Independence Park, TCRYBA hereby agrees to provide a proposed use schedule (which specifically identifies complexes and fields to be used) to the TOWN at least seven (7) days before the commencement of each seasonal practice schedule and at least fifteen (15) days prior to each regular season game schedule. In the event of changes in the game and or practice schedule, TCRYBA shall provide TOWN with a written notice at least seventy-two (72) hours prior to the proposed change. Acceptance of the proposed changes shall be within the sole discretion of the Town; provided however, that acceptance shall not be unreasonably withheld. Town Council Page 16 of 43 Meeting Date: Tuesday, December 9, 2014 III. USE SCHEDULING 3.01 Regular Season. The “Spring 2015 Season” shall run from the –first week of February 2015 through the fourth week of June 2015 and the “Fall 2015 Season” shall run from the second week of August 2015 through the fourth week of November 2015, and shall include tryouts, all practice and league games, tournaments and make-up games. 3.02 Tournament Rates. Upon thirty (30) days written notice and approval of proposed scheduling by TOWN, TCRYBA shall be allowed to schedule one(1) tournament during the Fall 2015 Season for a payment of Two Thousand Dollars ($2,000) and two (2) tournaments during the Spring 2015 season for a payment of Two Thousand Dollars ($2,000) per tournament. Each tournament shall last no longer than five (5) consecutive days, subject to extension due to inclement weather. TCRYBA shall remit payment to Town on or before the eighth (8th) day following the last day of each such tournament. For any additional tournaments during the Fall 2015 Season and/or the Spring 2015 Season, TCRYBA shall pay tournament fees as outlined in the applicable Schedule of Fees adopted by TOWN. 3.03 Scheduling. TOWN and TCRYBA agree that scheduling of additional games and practices on dates not contained in the TOWN approved schedule shall not be permitted unless these additional times are mutually agreed to in writing by the TOWN and TCRYBA, and if allowed, there shall be no additional cost to TCRYBA. Use of Independence Park shall be limited to the sports games and contests scheduled by TCRYBA, and TCRYBA shall provide written notice of scheduling to the Parks and Recreation Department in accordance with the time frames set forth in this Agreement. TCRYBA shall provide one point of contact for all scheduling of Independence Park. No TCRYBA tournaments and/or use of Independence Park by TCYRBA, other than that expressly provided for under a TOWN approved schedule, shall be allowed by the TOWN. Weather days, rain days, or suspension of play may require rescheduling of events. TCRYBA shall provide written notice of such rescheduling requests to the Parks and Recreation Department at least seventy-two (72) hours in advance of the proposed schedule change. TCRYBA shall designate one (1) day per week on which it will not be allowed to use Independence Park for either practice or games. The proposed day shall be submitted to the TOWN thirty (30) days prior to the commencement of regular season practice for both the Spring 2015 Season and for the Fall 2015 Season, and TOWN shall have exclusive authority to accept such designation or to designate a different day. Town Council Page 17 of 43 Meeting Date: Tuesday, December 9, 2014 IV. MAINTENANCE RESPONSIBILITIES 4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for all routine maintenance of Independence Park, including the following: 1. watering; 2. mowing; 3. over seeding (as needed) 4. fertilization; 5. aerification; 6. top-dressing; 7. striping of the game fields, for league scheduled games & tournaments; 8. concession stand; 9. restrooms; 10. lighting; 11. irrigation; 12. turf management; and 13. other similar maintenance items 4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of repairs and shall have the sole duty and responsibility for making repairs to all permanent improvements owned by the TOWN such as fencing, buildings, lighting, or other permanent structural improvements upon Independence Park. 4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make, at its own expense, all alterations or additions to all or any portion of Independence Parkas the TOWN determines appropriate in its sole discretion, notwithstanding any conflicting provision of this Agreement. 4.04 TCRYBA Maintenance and Other Responsibilities: TCRYBA shall be responsible for the following: A. Maintenance and Improvements Generally. Maintenance or improvements in addition to those provided by TOWN pursuant to this Section, shall be the responsibility of TCRYBA and shall only be allowed upon the prior written approval of TOWN. B. Field Maintenance: TCRYBA through their President or designee shall promptly notify the TOWN of all field maintenance requests, requests for additional services or the existence of unsafe conditions by providing written notice to the Park Superintendent and/or designee. 4.05. TCRYBA Alterations. TCRYBA shall not move, alter or remove, in whole or in part, any improvement, fixed or movable, upon Independence Park, including without limitation bleachers, without first obtaining the express written permission Town Council Page 18 of 43 Meeting Date: Tuesday, December 9, 2014 of the TOWN and then only in the event that the move, alteration or removal will not subject such improvements or Independence Park to damage. Any such move, alteration or removal shall be at the sole expense of TCRYBA. 4.06 Council Updates. An officer of the TCRYBA Board shall attend a Town Council meeting and shall provide an update to the Town Council within thirty (30) days after the last day of regular season play for both the Fall 2015 Season and the Spring 2015 Season. 4.07 Ex-Officio Member. The Parks and Recreation Director or designee shall serve as an ex-officio member of the Board of Directors of the TCRYBA. TCRYBA shall email board meeting agendas to the Parks and Recreation Director or designee a minimum of seventy–two (72) hours prior to each such TCRYBA Board meeting. 4.08 Sponsorship Opportunities. TCRYBA shall diligently pursue third party sponsorships that will reduce the maintenance and operational costs of both TCRYBA and TOWN, including without limitation, additional tournaments and other TOWN authorized activities. 4.09 Events. TOWN and TCRYBA agree and understand that there is a benefit in combining resources and participation in TOWN sponsored events. TCRYBA agrees to work with TOWN in the joint scheduling and promotion of TOWN events as practicable for both parties. V. Rules and Regulations / Closure/ Parking 5.01 TOWN Regulations. TCRYBA understands and agrees that its’ use of the Independence Park shall be allowed only in accordance with TOWN ordinances, guidelines and regulations, including without limitation the following: A. Athletic Facility Rainout Procedures: During questionable weather periods, field playability status will be posted on the TOWN’S field conditions line by 12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by TOWN’S Parks Superintendent and/or designee. Emergency contact numbers shall be distributed to TCRYBA designated officials prior to season start. The field conditions line shall be updated as soon as possible when field conditions change status. B. Field Closure Policy and Procedure: TCRYBA shall cancel, delay or postpone any games, tournaments, practices, scrimmages, camps or other activities if severe weather conditions are present and/or when TOWN notifies TCRYBA that supplemental watering will be conducted. Notwithstanding the terms of this Agreement, TOWN, in its sole discretion, retains the right to close any or all of Independence Park that is the subject of this Agreement. The Park Superintendant and/or designee, at their sole discretion, may close Town Council Page 19 of 43 Meeting Date: Tuesday, December 9, 2014 Independence Park and suspend play at any time if, in TOWN’S sole discretion, it is determined that continued use presents a risk of injury to persons or damage to Independence Park or the general health, safety or welfare of the public. In addition, all of a portion of Independence Park may be closed for repair, remodeling or overseeding. In the event of closure for such maintenance, TOWN shall timely notify TCRYBA officials in order to minimize the impact on scheduling as much as reasonably possible. TOWN also reserves the right to close all or a portion of Independence Park during operational hours, and if resources are available, TOWN may offer substitutions or alternatives for the use of Independence Park or offer replacement premises or facilities. 5.02 Parking: During the term of this Agreement, TOWN shall provide TCRYBA with access to and use of Independence Park east parking area. The repair and maintenance of such parking lot shall remain the sole responsibility of the TOWN. VI. TCRYBA USE OF TOWN PARK CONCESSION FACILITIES 6.01 Schedule. TCRYBA shall have the right to use the concession facilities at Independence Park during the term of this Agreement. 6.02 Subleasing Prohibited. TCRYBA shall utilize the concession facilities only for the purpose of vending and/or sale of concessions, food, beverages, or merchandise. TCRYBA is strictly prohibited from leasing or sub-leasing the concessions operation of any TOWN facility located on Independence Park without written permission from the Director of Parks and Recreation. 6.03 As -Is Condition. The TCRYBA shall take Independence Park on an “as-is” condition on the date of execution of this Agreement and there shall be no obligation by the TOWN to make any other improvements to the concession stands and/or any other Independence Park facilities. TCRYBA shall not make any improvements or structural changes to any TOWN concession facility without written permission by the Director of Parks and Recreation. VII. GENERAL REQUIREMENTS APPLICABLE TO TCRYBA USE OF TOWN PROPERTY 7.01 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto, shall be construed to affect, alter, or modify the immunity of either party under the Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense Town Council Page 20 of 43 Meeting Date: Tuesday, December 9, 2014 that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.02. Insurance: During the term of this Agreement TCRYBA shall obtain and maintain, at its sole expense, general liability insurance with the minimum amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage Liability while naming the TOWN of Trophy Club as an additional insured to protect against potential claims arising out of the TCRYBA’s use of the Independence Park and the facilities. TCRYBA shall furnish TOWN with certificates of insurance evidencing its compliance with this Paragraph at least ten (10) days prior to the commencement of the term of this Agreement. Nothing contained herein shall be construed to grant any third party rights or as a waiver of any governmental and/or public purpose of the operation or use of all or a portion of Independence Park. 7.03 No Third Party Beneficiary: For purposes of this Agreement, including its intended operation and effect, the parties specifically agree and contract that: (1) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no way intended by the parties to benefit or otherwise affect any third person or entity, notwithstanding the fact that such third person or entities may be in a contractual relationship with TOWN or TCRYBA or both; and (2) the terms of this Agreement are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or TCRYBA. This Agreement shall not create any third-party beneficiaries. 7.04 Notice: Each notice or other communication which may be or is required to be given under this Agreement shall be in writing and shall be deemed to have been properly given when delivered by e-mail or personally during the normal business hours of the party to whom such communication is directed, or upon receipt when sent by United States registered or certified mail, return receipt requested, postage prepaid, to the following addresses as may be designated by the appropriate party; however, each party has a right to designate a different address by giving the other party fifteen (15) days prior written notice of such designation: If to TCRYBA: John Watson TCR Youth Baseball Association PO Box 1568 Roanoke, Texas 76262 Town Council Page 21 of 43 Meeting Date: Tuesday, December 9, 2014 If to TOWN: Adam Adams Director of Parks and Recreation Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 7.05 Claims Against Parties: Each party shall be responsible for defending and/or disposing of all causes arising against the respective party as a result of its use or occupation of Independence Park. It is expressly understood and agreed that in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. 7.05 Entire Agreement: This Agreement contains the entire agreement of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein. 7.06 Severability: In case any one (1) or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalidity, illegality or unenforceable provision had never been contain herein. 7.07 Authority: The undersigned officers and/or agents are authorized to execute this Agreement on behalf of the parties hereto, and each party hereto certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 7.08 Defective Conditions. TCRYBA shall promptly report to TOWN any defects or dangerous conditions it discovers on or concerning Independence Park or other TOWN property, and shall cease any such use until such defect or condition is repaired or cured, provided TOWN shall not have an obligation to repair or cure any such defect of condition. VIII. TERMINATION 8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to TCRYBA: A. Neither the position of President, Vice- President, Treasurer nor the position of Secretary of TCRYBA is held by a resident of the Town of Trophy Club; and Town Council Page 22 of 43 Meeting Date: Tuesday, December 9, 2014 B. TCRYBA fails to take action to appoint a Trophy Club resident to at least one (1) of the required positions set forth in subsection A within sixty (60) days after the date upon which none of the required positions are held by a Trophy Club resident. C. TCRYBA defaults by failing to timely remit payment to TOWN in accordance with the provisions of this Agreement or otherwise defaults upon any one or more of its obligations under this Agreement, and TCRYBA has failed to remedy such default within ten (10) days of the date of TOWN’S written notice of default to TCRYBA. 8.02 Termination Without Cause. Either party may terminate this Agreement with or without cause, by giving ninety (90) days prior written notice of the date of termination to the other party. Upon termination, all permanent improvements shall remain the property of TOWN and all personal property shall remain the property of the party paying for such personal property. Removal of personal property or improvements shall be subject to the terms contained herein. However, all personal property and improvements remaining on Independence Park property for ninety (90) days after the date of termination of this Agreement shall become the personal property and improvements of the TOWN. IX. REMEDIES No right or remedy granted or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. X. APPLICABLE LAW This Agreement is governed by the laws of the State of Texas; exclusive venue for any action shall be in Denton County, Texas. XI. ASSIGNMENT TCRYBA shall not assign, sublet, subcontract or transfer all or a portion of its rights or obligations under this Agreement without the prior written approval of the TOWN. Town Council Page 23 of 43 Meeting Date: Tuesday, December 9, 2014 XII. GENERAL REQUIREMENTS 12.01 Financials. TCRYBA shall provide financials for review by Town on or before the first Monday in February, 2015 for the previous Fall 2014 Season, on or before the first Monday in August, 2015 for the Spring 2015 Season, and on or before the first Monday in February, 2016 for the Fall 2015 Season. This requirement shall survive termination and/or expiration of this Agreement. 12.02 Reports. On or before the twenty-first (21st) day following the commencement of the Spring 2015 Season and the Fall 2015 Season, TCRYBA shall provide a written report identifying the total number of TCRYBA registered players, the city of residence for each such player, the associated age division for each such player, and the classification of the player as a member of a recreation team or a select team. 12.03 Board Members. On or before the twenty-first (21st) day following the commencement of the Spring 2015 Season and the Fall 2015 Season, TCRYBA shall provide a list of the names and city of residence for each TCRYBA board member. 12.04 Background Checks. TCRYBA shall require that each person volunteering to serve as a board member, head coach and/or an assistant coach, or in any other capacity pass a background check. Additionally, all adult umpires shall be required to successfully pass a background check. TCRYBA approved standards for successful completion of a background check shall be provided to TOWN, and any person failing to meet such standards shall not be allowed to volunteer, serve or otherwise work for TCRYBA in any manner or capacity. WITNESS: TCR YOUTH BASEBALL ASSOCIATION By: ________________________________ John Watson, President TCR Youth Baseball Association Town Council Page 24 of 43 Meeting Date: Tuesday, December 9, 2014 ATTEST: TOWN OF TROPHY CLUB, TEXAS By: ________________________________ C. Nick Sanders, Mayor Town of Trophy Club, Texas By: ________________________________ Tammy Ard, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: By: ________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council Page 25 of 43 Meeting Date: Tuesday, December 9, 2014 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _____ day of ___________________, 2014 by C. Nick Sanders, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation. ______________________________ Notary Public in and for the State of Texas STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the _____ day of ___________________, 2014 by John Watson, President of the TCR YOUTH BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation. ______________________________ Notary Public in and for the State of Texas Town Council Page 26 of 43 Meeting Date: Tuesday, December 9, 2014 EXHIBIT “A” (TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA) INDEPENDENCE PARK Field #1 Field #2 Field #3 Field #4 Field #5 Field #6 Field #7 Batting cages T-ball practice field Concession #1 Concession #2 Parking Town Council Page 27 of 43 Meeting Date: Tuesday, December 9, 2014 Town Council Page 28 of 43Meeting Date: Tuesday, December 9, 2014 Town Council Page 29 of 43Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1667-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Consider and take appropriate action regarding a recommendation from the Animal Shelter Board regarding the future of the animal shelter facility. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding a recommendation from the Animal Shelter Board regarding the future of the animal shelter facility. Town Council Page 30 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1675-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Consider and take appropriate action regarding the recommendation from the Information Technology Subcommittee regarding the disposition of software jointly owned by the Town and Trophy Club Municipal Utility District No. 1. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the recommendation from the Information Technology Subcommittee regarding the disposition of software jointly owned by the Town and Trophy Club Municipal Utility District No. 1. Town Council Page 31 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1669-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Consider and take appropriate action regarding proposed Town Council Meeting dates for January 2015. Attachments:January 2015 Calendar.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding proposed Town Council Meeting dates for January 2015. Town Council Page 32 of 43 Meeting Date: Tuesday, December 9, 2014 ~ January 2015 ~ ► Sun Mon Tue Wed Thu Fri Sat 1 Happy New Year 2 3 4 5 EDC 4B Meeting 6 7 8 9 10 11 12 13 TOWN COUNCIL REGULARLY SCHEDULED MEETING 14 15 Planning & Zoning Meeting 16 17 18 19 Parks & Recreation Board Meeting 20 TC MUD 1 Meeting 21 22 23 24 25 26 27 TOWN COUNCIL REGULARLY SCHEDULED MEETING 28 29 30 31 Town Council Page 33 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1670-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Attachments:Staff Report - TIRZ No 1 Board Appointment.pdf Res 2014-44 repealing RES 2014-04 Appointing Citizens to the TIRZ 1 Board.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Town Council Page 34 of 43 Meeting Date: Tuesday, December 9, 2014 To: Mayor and Town Council From: Mike Slye, Town Manager CC: Tammy Ard, Interim Town Secretary Re: TIRZ #1 Board Appointment – Adam Broyles Town Council Meeting, Tuesday, December 9, 2014 Agenda Item: Consider and take appropriate action regarding a Resolution of the Town repealing Resolution No. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date. Explanation: Based on a telephonic interview/discussion with Mr. Broyles, Mr. Broyles participation in future TIRZ #1 actions will not be inhibited by his business relationships with affected land owners of the TIRZ #1 zone. His desire is to stay on the board as an active, participating member. Attachments: • Res 2014-44 repealing RES 2014-04 Appointing Citizens to the TIRZ 1 Board Recommendation: Staff recommends approval of RES 2014-44. Town Council Page 35 of 43 Meeting Date: Tuesday, December 9, 2014 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-44 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-04 APPOINTING CITIZENS TO SERVE ON THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB TEXAS AND ADOPTING THIS RESOLUTION REAFFIRMING EXISTING APPOINTMENTS AND APPOINTING A MEMBER OF THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB, TEXAS TO SERVE AS CHAIRPERSON FOR THE BOARD, AND DESIGNATING A TERM OF SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens involved in local government through service on Boards and Commissions; and WHEREAS, the Trophy Club Town Council is charged with the responsibility of making appointments to the Boards, Commissions and Corporations serving the Town whose terms are expiring and to replace members who have resigned; and WHEREAS, on February 3, 2014, the Town Council adopted Resolution No. 2014-04 to appoint residents to serve on the Board of Directors of Reinvestment Zone No. One, Town of Trophy Club (Board), and designating a person to serve as Chairperson for the Board; and WHEREAS, state law mandates that one person be appointed to serve as the Chairperson for the Board of Reinvestment Zone No. One, with a term of service for the Chairperson being for one (1) year and commencing on January 1 of each year; and WHEREAS, the term of service for the currently designated Chairperson for the Board expires on December 31, 2014; and WHEREAS, the Town Council desires to appoint a member of the Board of Directors to serve as a Chairperson with a term commencing on January 1, 2015 and expiring on December 31, 2015; and WHEREAS, by passage of this Resolution, the Town Council hereby repeals Resolution No. 2014-04 and adopts this Resolution to designate a member of the Board of Directors to serve as Chairperson for the period commencing January 1, 2015 and expiring on December 31, 2015 as set forth herein and to reaffirm current appointments as specifically provided below: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 36 of 43 Meeting Date: Tuesday, December 9, 2014 Section 1. That the foregoing recitals are incorporated herein as if written word for word. Section 2. That the Town Council hereby repeals Resolution No. 2014-04, to appoint a Chairperson and to reaffirm existing appointments as applicable, the following individuals to serve on the Board of Directors of Reinvestment Zone No. One, Town of Trophy Club, Texas and designating a Chairperson for the Board as specified below: Reinvestment Zone No. 1, Town of Trophy Club, Texas 1. Carolyn Simms (2015) (Tarrant County) 4. Jared King (2015) 2. *David Brod (2016) (EDC-4B) 5. Adam Broyles (2016) 3. Darryl Howard (2016) *Board Chair - appointment expires December 31, 2014 **Board Chair – appointment expires December 31, 2015. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this 9th day of December, 2014. C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Interim Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 37 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1671-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Town Council Liaison Updates; discussion of same. * Citizen Financial Advisory Board - December 1st Council Liaison - Mayor Pro Tem Lamont Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same. * Citizen Financial Advisory Board - December 1st Council Liaison - Mayor Pro Tem Lamont Town Council Page 38 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1672-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Town Manager Slye's update regarding the following; discussion and provide input regarding same. * Special Session Town Council Meeting - December 18th * Human Resources Update - Town Secretary Recruitment - Director of Finance Recruitment * Trophy Club Magazine Update * No Solicitation Sign Update * Update regarding Public Services Annex Building Discussion with Trophy Club Municipal Utility District No. 1 * Gingerbread Cookie Decorating with Trophy Club Fire Department, December 12th Attachments: Action ByDate Action ResultVer. Town Manager Slye's update regarding the following; discussion and provide input regarding same. * Special Session Town Council Meeting - December 18th * Human Resources Update - Town Secretary Recruitment - Director of Finance Recruitment * Trophy Club Magazine Update * No Solicitation Sign Update * Update regarding Public Services Annex Building Discussion with Trophy Club Municipal Utility District No. 1 * Gingerbread Cookie Decorating with Trophy Club Fire Department, December 12th Town Council Page 39 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1673-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Items for Future Agendas. Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Items for Future Agendas. Town Council Page 40 of 43 Meeting Date: Tuesday, December 9, 2014 Town Council Future Agenda Items List (Updated 11/25/2014) 1. Discussion regarding animal shelter long and short term facility. (11/18/2013) (1-Nov 13) 2. Consider and take appropriate action regarding placing BNHS State Championship recognition on elevated water storage tank. (Sanders 5/19/2014) (1-Nov 13) 3. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) 10/28/2014 – Council discussed and would like brought back on a future agenda for action regarding term limits and limits of terms. 4. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and SH114 for signage. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 5. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) 10/28/2014 – Council discussed and would like a plan brought back on a future agenda. 6. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1- Nov 13) 7. Consider and take appropriate action regarding policy on equipment schedule for replacement program. (Shoffner 8/26/2014) (1-Dec 18) 8. Consider and take appropriate action regarding general signage on poles and painted on road beds. (Parrow 8/26/2014) (1-Dec 18 in conjunction with item #12 per Parrow 10/14/2014) 9. Review of policies related to employees compensation for auto allowances and retirement plans. (Sanders 9/9/2014) (1-Dec 18) 10. Review of cell phone/wireless policy and plans. (Sanders 9/9/2014) (1-Jan 13) 11. Consider and take appropriate action regarding parking on Parkview and options for Police Department mitigation. (Rowe 9/9/2014) (1-Jan 13) 12. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe 9/9/2014) (1-Dec 18 in conjunction with item #8 per Parrow 10/14/2014) 13. Consider and take appropriate action regarding the review of the sign ordinance. (Lamont 9/9/2014). (1-Jan 13) 14. Consider and take appropriate action regarding Codification of ordinances policy. (Rowe 10/28/2014) (1-Feb-10) Town Council Page 41 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1676-T Name: Status:Type:Agenda Item Executive Session File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if 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 sites for the location of a new Police and Town Hall Facility and related negotiations Attachments: Action ByDate Action ResultVer. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of real property if 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 sites for the location of a new Police and Town Hall Facility and related negotiations Town Council Page 42 of 43 Meeting Date: Tuesday, December 9, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-1677-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/2/2014 Town Council On agenda:Final action:12/9/2014 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 43 of 43 Meeting Date: Tuesday, December 9, 2014