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.
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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.
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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: