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Agenda Packet EDC 4A 02/23/2009Town of Trophy Club Economic Development Corporation 4A Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, February 23, 2009 6:30 PM A.1 Call to order and announce a auorum. A.2 Discuss and Take appropriate action on a presentation by Prof. Joe Walker concerning the Trophy Club Park study funded by EDC4A. A.3 Discuss and take aaaroariate action on the Pool Drain ComDliance fundi request. A.4 Staff Update on the following_ 1. 2009/10 budget 2. Harmony Park improvements 3. PID Dark related amenities A.5 Discuss and take appropriate action concerning the placement of future agenda itamc A.6 Discuss and take appropriate action on setting the date for the next meeting_ A.7 Adjourn. EDC 4A MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-23-2009 Subject: Agenda Item No.A.1 Call to order and announce a quorum. W:/,W_1►/_TVIlei ►F RECOMMENDATION: ACTION BY BOARD: (aa) EDC 4A MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-23-2009 Subject: Agenda Item No.A.2 Discuss and Take appropriate action on a presentation by Prof. Joe Walker concerning the Trophy Club Park study funded by EDC4A. EXPLANATION: RECOMMENDATION: ACTION BY BOARD: (aa) Attachments: ;s and take appropriate action on the Pool Drain Compliance funding request. EDC 4A MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-23-2009 Subject: Agenda Item No.A.3 EXPLANATION: Recently the State of Texas enacted the Virginia Graeme Baker Pool and Spa Safety Act and passed additional legislation that added to several features of this act which created more stringent regulations for pool operators. The Town needs to be in compliance with these requirements prior to the 2009 pool season. Staff is requesting assistance outside of the use of GASB funds as these improvements are not associated with standard upkeep and renovation of the pool facility. dx4Z6] N IJ 1:1101D7_N9IQ05 ACTION BY BOARD: (aa) Attachments: 1. Application for funds 2. Aqua-Rec invoice 3. February, 2009 excerpt from the Parks & Recreation magazine. Trophy Club Economic Development Corporation (TCEDC) APPLICATION FOR FUNDS Please chat one: EDC4A EDC48 Name �T- (Last) (First) /r (Modfe) t . Address iC)n LKNi<a a1 ham_ �2c.i,l �� i �ie�C l iC 7 (7atoa (strea1) 1 (City) 11(State) (zip code) Telephone q 115 3 1 i — F6 II I-1 M^ l bin tt E+I4 claa (Area Code) (Orgarrizalwn Re res ted) (Lest) (,First}+ (Middle) Address �_x_] Ls ►s C'i t7n e_ 1.1€z ! (Street) (Ci+y) t (Stele) Telephone .��� (Area Code) Project Name }� Funding Desired Have you applied for EDC funding before? ❑ Yes4 [] No If yes, when..?f� Date funds are required C�1. Type of funding requested D-"F.II •❑ Partial If partial, from whom are additional funds expected? Has a request for funds been denied by the town of Trophy Club? ❑ Yes 0-1qo Grant(s) applied for [J Yes No It yes, from what agency/organization? Summarize the specific benefit to Trophy Club's economic development (417 r2 ra.iZ tL '3T ri ' A tj '+r43 r�caCa FiCn� (6:Q s �� Ongoing maintenance of the project will be the responsibility of: tiQR L= F-- Timetable for PATE Project Completion RESPONSIBLE PERSON(S)ACTIVITY PORTION OF FUNDING EXPENDED Vendors Supplying this type service (it applicable) I certify that the answers given by me In this application are correct to the bast of my knowledge. I understand that any faisificatfonof this application, whether willingly cr accidental, is grounds for disqualtfncatlon of funding consideration. I authorize [he Economic Development Corporation to contact any and all of the vendors I have listed above to obtain any pertinent information regarding this project. I understand that I will be responsible for informing the TCEDC, in writing, 30 days fallowing final approval of this application on the status of the project, funds expended and other information as deemed appropriate by the corporation. Further I will submit to the TCEDC a final written report within 60 days of completion of the project. Applicant's Signature — Date (- A For TCEDC Use Only This application was reviewed by the Trophy Club Eoonomic Development Corporation on: Upon the review the recommendation of the Board of TCEDC was as follows: Approved as written ❑ Approved for less funding ❑ Amount approved: Requested additional information' ❑ Tabled due to time issues [] Disapproved ❑ 'Brief description of additional information requested: This application was re -reviewed by the TCEDC on: Upon the re -review the recommendation of the Board of TCEDC was as follows: Approved as written ❑ Approved for less funding ❑ Amount approved: Disapproved ❑ TCEDC President TCEDC secretary Rx Date/Time FEB-18-2009(WE0) 00:21 90351EB087 02/18/2003 90:45 9035728087 5TOBNIGKI P.OD1 PAGE 01 606 Profit St. 3794 CR 4260 ,Axle, TX 76020 Mount Pleasant, T-X 75455 817-444,6431 903,9122226 AR february 18 2009 Terry,. Here is the breakdown for toe drain covers, water leveling system, and Vac. Alert. The stainless 26x26 dMin covets for the 4 pool drains are $ f 280 each plus shiPPin- The covers have a ten yfwr warranty. They are VCR approved and meet ASW 08 standards. I'he iwWlation for the drain covers is $1500. (yuu need to drain the pool for the install) Lead time for the stainless order is about 10 weeks. The vac -alert for tha kid poof is S950 plus S 150 for install - The lcvelor water leve$ieg systcrn is $895 plus $155 for install. Please let me know if you have any gtsestivos. Looking forward to taking cam. of all your pool needs. T7rattks so much for the €tpporbinity to help you. Wwbmk," Commercial Pool Specialist Aoua-Rec 903.8122226 BY THE LAW Overflowing with obstacles and confusing requirements, a new pool drain law makes compliance tough, for pool operators. ools operated by local park and recreation agencies are an important component to com- -unities throughout the Uni- ted States; Agencies offer a wide array of aquatics programming such as swimminglessons for children,. senior citizen water aerobics classes, and rehabilitation aquatics programs. for those with physical and mental dis- abilities. Through these programs, local park and recreation agencies.are increasing our opportunities for physi- caI activity while actively enhancing the health and well-being of children and adults. However, the recent enact- ment of the Virginia Graeme Baker Pool and Spa Safety Act (VGB) has caused local agencies throughout the counrfy to shut down all aquatics oper- ations because they are unable to com- ply with the Act, which went into effect on Dec. 19,2008. Safety has always been —and will continue to be —a paramount concern for local park and recreation agencies, who want to comply with this law. Un- fortunately, various obstacles outside of the control of local agencies have made compliance difficult at best and, in some cases, impossible. In 2002, Virginia Graeme Baker, the By Stacey Pine 7-year old granddaughter -of former . Secretary of State James Baker, died tragically after being trapped underwa- ter by the suction of a main drain in an outdoor spa, The Baker family, joined by Safe Kids Worid;vide, began an aggressive advocacy campaign aimed. at preventing entrapment, entangle- ment, and evisceration caused by pool drains. ,ln December.2007-five years after the child's death —President George W. Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act. The legislation specifically man- dated a compliance deadline of Dec, 19, 2008, To be in compliance, each public pool and spa in the United States must be equipped with anti - entrapment covers that comply with the ASMElANST Al12.19.8-2007 per- formance standard or any successor standard once issued. In addition, the law also mandates that pools with a single main drain that does not meet the definition of an unblockable drain (18 inches by 23 inches or larger) must be equipped with at least one or more of the following devices: • Safety vacuum release .system • Suction-binitingvent system • Gravity drainage system • Automatic pump shut-off system • Draia disablement* In section 1404 of the Virginia Graeme Baker Act, Congress desig- nated.the Consumer Product Safety Conunission (CPSC) to carry out enforcement of this law under the Consumer Product Safety Act. Typi- cally, once legislation is signed into law and an Executive Branch agency has been designated to enforce the law, that agency will publish a draft version of the federal regulation out- lining its interpretation of the law and the details on requirements for compliance. This is routinely done through a Notice of Proposed Rule ' The Consumer Product Safety Commis- sion (CPSC) is not aware of a Product currently on the market that meets this description. But consideration can be given to physically removing the sub- merged suction outlet (drain) by flling the sump with concrete as long as another source of water far the suction side of the Pump is available. Facilities can also per- manently disable the suction oectlet plumbing at the pump by removing the outlet connection to the pronp, thus removing the suction entrapment poten- tial at the submerged drain. PARKS&RECREATI 0ld FE B R U A RY 2oo9 2.1 IN DISCUSSIONS WITH CPSC, purchase the product, getting it in- stalled presents another challenge. N R PA WAS TOLD THAT IF CPSC Various erigineers install have indicated they will not OFFICIALS FIND OR ARE ALERTED products associated with VGB due to the ambiguity they believe surrounds the Iaw and the liability that may be TO A POOL THAT IS NOT IN associated with installation- Much discussion has emerged regarding COMPLIANCE, THE COMMISSION IS the enforceabty CPSCs staff din interpret do efCFSCddnot follow the rules and processes of the REQUIRED TO UPHOLD THE LAW. Administration Procedures Aci'hv Making in the Federal Register and provides an opportunity for interested parties to comment and offer sug- gested amendments to the proposed regulation. In lieu of promulgating its rule through the Federal Register process, CPSC issued what it terms a "staff interpretation" of VGB in late June 2008. So, while the law was passed in December 2007, public pools did riot receive guidance on the speck requirements for compliance until six months before the Act was scheduled to take effect, leaving little time to make major retrofits. A significant change resulting frorn CPSC'sstiff interpretation is the new definition of an unblockable drain. According to CPSC, "an unblockable drain, to be consistent with the test procedures found in ASMEIANSI Al12.1%8-2007, would have minimum dimensions of 18" x 23" (29" diagonal measurement)." previously, an unblock -able drain was defined as hav- ing minimurn dimensions of 18 inches by 1.8 inches or a 24-inch diagonal measurement. As a result, pools with a single main drain that is not 18 inches by 23 inches or larger must now retro- fit their pools to be equipped with one or more additional devices or systems to prevent entrapment or entangle- ment. In addition to the structural challenges associated with retrofitting of this nature, state laws may require that agencies obtain approval for the alterations from their health depart- ments or state departments of com- merce, as is the case in Wisconsin. In December, the Division of Safety and Buildings for the Wisconsin Department of Commerce sent a letter to all public pool operators in the state advising them that if they intended to make modifications to their.existing pools, they must submit a plan and receive approval for the proposed change before beginning work. Another obstacle preventing agen- cies from complying with the Virginia Graeme Baker Act is the availability of covers. The. legislation mandates that all drains, even those deemed to be un- blockable, must be equipped vvith ASMEFANSI A112.19.8-2007 covers. . However, manufacturers did not have the product available in the market- place until late November and early, December 2008. Many agencies with standard or common -sized drains have been able to purchase and install the covers needed to bring them into com- pliance. However, agencies with uniquely sited and shaped field -fabri- cated drains have not been as fortu- nate. In late November, a local agency in Oregon contacted 10 different dis- tributors only to be told that a cover for their uniquely sized drain did not exist and that manufacturers could not estimate a delivery date. Similar stories have surfaced from many other agen- cies throughout the United States. But even though an agency may be able to 22 R A R K S&R E C R E A T 1 0 N FE B R LI A RY 2009 publishing a Notice of Proposed Rule Making in the Federal Register, Still, these are not the only obsta- cles to compliance.. Agencies in Georgia and Colorado have alerted the National Recreation and park Association to the fact that local water ordinances would prohibit ,theirs from being able to refill their pools. 1n these cases, using divers for installations may not be an option because of the extent of the retrofitting -and thereby the con- struction -required to bring pools Into compliance. Many agencies express consider- able concern about the guidance they are receiving from local health in,- spectors regarding compliance: In some instances, local inspectors have vowed to enforce the law and to actively seek out pools that are not in compliance. In other cases, inspec- tors.lrave told agency officials that theydo: not plan to enforce VGB. But many insurance companies are tak- ing VGB seriously and have told public pool operators that, regardless of whether local inspectors enforce the law, they must provide evidence showing compliance if they want to remain insured. . Recognizing the challenges to compliance as a result of product availability, the CPSC stipulated that only pools that operate on a year- round basis needed to be in compli- ance by Dec. 19, 2008. All other pools must be in compliance on their opening day. However, given the mul- titude of obstacles facing many agen- cie$, it is currently uncertain how many pools will actually be able to meet compliance on the first day of the season. In December, NRPA be- gan hearing from agencies through- out the country that have closed their pools, many of which have no indica- tion as to how soon they wi4 be in compliance or when they will reopen. NPP has had ongoing conversa-' lions with CPSC regarding the issues . faced by our members and requested that CPSC exercise its discretionary enforcement aulliorityto allow agen=: ties adequate Lair to comply with the tat+r: Nowever,.CCPSC asserts that the. compliance deadline of De f 9, 2008, wasstatutotily setby Congress and therefore Cuinot be changed or extended by CPSC'. They ihv) contend that the requirement l'ox all drains tit have ASit'IV ANSI -compliant covers . 4vas statutorily set by Cons,ross imd,. while it recggnizes the (licdlenges of product availabil f}, it is a federally enforce dill' law.. 011 Dec. CS; 2008, CPSC issued the statement regarding its enforcement priorities. "Consideriaigihe lnute.(I resources and enormous mission of the agency, MC; will prioritise enforcement of the l€iw to facilities that pose the greatest Sisk of drain en- traprncnt to children speed c1Uy wading pools, pool, desigiwd .;pecifi- cally f❑r young:children; dnd in ground Spas whPre 11)ey use flat drain .prates arl-d single inam drain sys,c cos. `1'hcActdoes allot; foi the (Insure of anon-cnnipliantpool until the ownerloperator earl successfully b:h;ig the facility into compliance:' In discussions with CPSC, NRPA was informed that if CPSC officials find or are alerted to aapootthat is not in compliance; the commission is re- quired to uphold the law. CPSC offi- cials further explained that state attor- neys general have the discretionary authority to have different enforce- ment priorities. While this law can he enforced by CPSC as a federal agency, it is also enforceable by state and local agencies. The rules of compliance are leaving public pool facilities in a problematic position that is difficult to surmount. Not only do they suffer losses, but the communities they serve suffer as well, NRPA encourages members to contact local inspectors as well as state attor- ney-9 general to ensure a comprehen- sive understanding of what is required under the law. I&R EDC 4A MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-23-2009 Subject: Agenda Item No.A.4 Staff Update on the following: 1.2009/10 budget 2. Harmony Park improvements 3. PID park related amenities EXPLANATION: RECOMMENDATION: ACTION BY BOARD: (aa) Attachments: EDC 4A MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-23-2009 Subject: Agenda Item No.A.5 Discuss and take appropriate action concerning the placement of future agenda items. EXPLANATION: RECOMMENDATION: ACTION BY BOARD: (aa) Attachments: EDC 4A MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-23-2009 Subject: Agenda Item No.A.6 Discuss and take appropriate action on setting the date for the next meeting. W:/,EV /_,11[67►F RECOMMENDATION: ACTION BY BOARD: (aa) Attachments: EDC 4A MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-23-2009 Subject: Agenda Item No.A.7 Adjourn. EXPLANATION: RECOMMENDATION: ACTION BY BOARD: (aa) Attachments: