Minutes TC 09/09/2014MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, September 9, 2014 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, September 9, 2014. 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:
C. Nick Sanders
Mayor
Greg Lamont
Mayor Pro Tem, Place 5
Jim Parrow
Council Member, Place 1
Garrett Reed
Council Member, Place 2
Rhylan Rowe
Council Member, Place 3
Philip Shoffner
Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Mike Slye
Town Manager
Stephen Seidel
Assistant Town Manager
Patricia Adams
Town Attorney
Tammy Ard
Town Secretary
April Reiling
PIO/Marketing Manager
Scott Kniffen
Police Chief
Steven Glickman
Finance Director
Mayor Sanders announced the date of Tuesday, September 9, 2014 called the Town Council to order and
announced a quorum at 6:00 p.m.
Invocation and Pledges moved after executive session.
The Invocation was offered by Mayer Sanders.
The Pledges were led by Town Manager Slye.
EXECUTIVE SESSION
1. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551,
(the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the
following:
A. Texas Government Code Section 551.071(2) "Consultation with Attorney" and Texas Government Code
Section 551.072 "Deliberations about Real Property" to consult with its attorney on a matter in which
the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflict with the Open Meetings Act and 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 sites for the location of anew Police and Town Hall Facility and related negotiations.
September 9, 2014 Town Council Minutes Page 1 of 34
CONVENE INTO EXECUTIVE SESSION -START TIME— 6:03 P.M.
RECONVENE INTO REGULAR SESSION - START TIME — 7:06 P.M.
RECONVENE INTO REGULAR SESSION
2. Consider and take appropriate action regarding the Executive Session.
No action taken.
CONVENE INTO REGULAR SESSION - START TIME — 7:06 P.M.
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.
Mindi Bone, 2817 Sherwood Drive, requesting Council to join the Beck PTA and attend the general meeting on
Tuesday, September 16, 2014.
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.
3. Consider and take appropriate action regarding the minutes dated August 12, 2014
4. Consider and take appropriate action regarding the Minutes dated August 18, 2014.
5. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest
Independent School District for School Resource Officer/ Absent Student Assistance Program services for
Fiscal Year 2014-2015; and authorizing the Mayor or his designee to execute all necessary documents.
Attachment A - Interlocal Agreement between the Town and Northwest Independent School District for School
Resource Officer/Absent Student Assistance Program
Consider and take appropriate action regarding an agreement between the Town and Brian Hall, doing
business as Brian the Animal Guy, for animal control services; and authorizing the Mayor or his designee to
execute all necessary documents.
7. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton
County for Shared Governance Communications and Dispatch Services System; and authorizing the Mayor
or his designee to execute all necessary documents.
Mayor Pro Tem Lamont requested that agenda item number 5 be pulled from the consent agenda.
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve the Consent Agenda
items 3, 4,6&7.
Motion passed unanimously.
September 9, 2014 Town Council Minutes Page 2 of 34
Original motion
Motion made by Council Member Shoff ner, seconded by Council Member Rowe, to approve agenda item 5 as the
document is written.
Amended motion
Motion made by Mayor Pro Tem Lamont, to remove the addition of 'Town expense for regular maintenance, i.e.,
tires, fuel filters, A/C units, transmission defects, etc. shall not exceed $2,000 per fiscal year.'
Amended motion failed for lack of a second.
Original motion passed unanimously.
PUBLIC HEARING
8. Town Council to conduct First Public Hearing regarding proposed fiscal year October 1, 2014 to September
30, 2015 budget pursuant to Section 9.05 of the Town Charter; making appropriations and providing for
expenditures.
9. Town Council to conduct First Public Hearing regarding proposed tax rate for fiscal year October 1, 2014 to
September 30, 2015 and Mayor to announce the date, time and place of the vote on the tax rate.
CONVENE INTO PUBLIC HEARING - START TIME — 7.16 P.M.
PUBLIC HEARING - END TIME -7.18 P.M.
RECONVENE INTO REGULAR SESSION - START TIME — 7.18 P.M
REGULAR SESSION
10. Consider and take appropriate authorizing a Special Event Permit for the Byron Nelson High School
Homecoming Parade scheduled for September 24, 2014.
Byron Nelson High School (BNHS) submitted a Special Event application on August 25, 2014 for the annual BNHS
Homecoming Parade and Pep Rally, which is scheduled for Wednesday, September 24, 2014. Participants will
begin staging at 6:00 p.m. at Medlin Middle School and Independence East parking lots, and along Parkview where
appropriate (semi -trucks and large vehicles stage on Parkview). The parade is scheduled to start at 6:30 and will
end approximately 8 p.m. The Special Events committee reviewed the packet on Thursday, August 28, 2014 and
found it acceptable with certain adjustments to ensure the safety of all parties.
The Parade Route was discussed in detail. All parade route roads will be closed to vehicular traffic while the parade
is on that portion of the route. Police will open intersections and roadways once the parade has moved past any
given access point along the route. The only portion of the parade route that will remain open is the northbound
(outside) lane of Trophy Club Drive from Durango to Galloway Drive in order to allow vehicular access into the
Turnberry and Highlands neighborhoods. This portion will be for ingress traffic only and will be
controlled/monitored by police and traffic management volunteers.
Residential Impact — The following neighborhoods/churches will not have access to/from their homes during the
parade:
- Royal Troon
- Meadow Ridge
- First Neighborhood entering the Lakes (Greg Lamont's neighborhood)
- LDS Church
September 9, 2014 Town Council Minutes Page 3 of 34
Josh Withers, Vice Principle at Byron Nelson High School addressed the Council letting them know that Byron
Nelson has taken the steps to help relieve the stress this causes to Trophy Club in the future (for example adjusting
the start time, adjusting the starting location) and thanked Council for allowing them to have the parade.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve the homecoming
parade route.
Motion passed unanimously.
11. Consider and take appropriate action regarding Proclamation of the Town Council of the Town of Trophy
Club, declaring September 17-23, 2014, as Constitution Week 2014 in Trophy Club.
Council Member Parrow read the Proclamation 2014-09 into record.
Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve Proclamation 2014-
09 declaring September 17-23, 2014, as Constitution Week 2014 in the Town of Trophy Club, Texas.
Motion passed unanimously.
12. Consider and take appropriate action regarding Proclamation of the Town Council of the Town of
Trophy Club, declaring September, 2014 Blood Cancer Awareness Month in Trophy Club.
Council Member Parrow read the Proclamation 2014-10 into record.
Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve Proclamation 2014-
10 declaring September, 2014 Blood Cancer Awareness Month in the Town of Trophy Club, Texas.
Motion passed unanimously.
13. Consider and take appropriate action regarding Proclamation of the Town Council of the Town of Trophy
Club, declaring September as Preparedness Month in Texas to coincide with National Preparedness Month
across the United States.
Motion made by Council Member Shoffner, seconded by Council Member Parrow, to recognize the recognition
given by the Governor of Texas, the Honorable Rick Perry, designating September 2014 as Preparedness Month in
Texas which coincides with National Preparedness Month across the United States.
Motion passed unanimously.
14. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy
Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment
Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment);
making and adopting findings; accepting and approving the annual Service Plan Update and Updated
Assessment Roll; and providing an effective date.
Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Ordinance 2014-26
accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the
Town of Trophy Club Public Improvement District No. 1 and accepting and approving the annual Service Plan
Update and Updated Assessment Roll, to be effective October 1, 2014.
Motion passed unanimously.
September 9, 2014 Town Council Minutes Page 4 of 34
15. Consider and take appropriate action regarding a Resolution accepting an Annual Service and Assessment
Plan Update for Authorized Services (Emergency Services) for the Trophy Club Public Improvement District
No.1 (The Highlands at Trophy Club), and the proposed Assessment Roll; setting a date for Public Hearing;
authorizing the publication of notice and directing the mailing of notices as required by law; enacting other
provisions relating thereto; and providing an effective date.
Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Resolution 2014-32
accepting an Annual Service and Assessment Plan Update for Authorized Services (Emergency Services) for the
Town of Trophy Club Public Improvement District No. 1 and the proposed Assessment Roll, setting the date of
September 23, 2014 for a Public Hearing, authorizing the publication of notice and directing the mailing of notices
as required by law to be effective today, September 9, 2014.
Motion passed unanimously.
16. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-23 appointing
citizens to serve on the Ethics Commission, adopting a new resolution appointing citizens to fill vacancies on
the Ethics Commission, and reaffirming existing appointments; and providing an effective date.
Motion made by Council Member Shoff ner, seconded by Mayor Pro Tem Lamont, to approve Resolution 2014-31,
repealing 2014-23, reaffirming existing appointments and appointing:
1. Ronald Eddins (2015)
2. Tom Setser (2016)
3. Lorrie Branson (2017)
Alt Dr. Charles Onyeama (2017)
Alt Carol Sue Tombari (2017)
Motion passed unanimously.
17. Consider and provide direction regarding required permits for Food Establishments as regulated by Article
II, "Food Establishment Regulations" of Chapter 6, "Health and Sanitation" of the Code of Ordinances of the
Town and other regulations applicable to miscellaneous food and beverage sales activities within the Town.
In order to bring back an amendment to the current Ordinance with a new subsection for adoption, staff is looking
for direction regarding:
1. Lemonade stands
2. Other things that are broader that happen during our semi-annual garage sale
Council provided direction to the Town Manager in order to bring back an amendment to the current Ordinance
with a new subsection for adoption.
18. Consider and take appropriate action regarding the Fiscal Year 2015 proposed budget discussed in the
Council workshop, including the following:
a. Managers Budget
b. Park & Recreation Budget
c. Streets
d. Medians
e. Community Development
f. Human Resources
g. Cell Phone Plan Alternatives
h. Hazardous Mitigation Action Plan
September 9, 2014 Town Council Minutes Page 5 of 34
** This item was moved up prior to agenda item 14.
Town Manager Slye provided an overview of the Fiscal Year 2015 Proposed Budget.
Attachment B — FY15 Proposed Budget — September 9, 2014
a. Managers Budget
Main Motion
Motion made by Council Member Parrow, seconded by Council Member Reed that the budget provide that the
employee required contribution to TMRS be paid by the Town only if such a provision is included in the employees
contract.
Substitute Motion
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoff ner that this benefit (the employee
required contribution of 7% to TMRS paid by the Town) not be provided going forward to any current or future
employee and the current employees receiving this benefit retain this benefit for the 2014-2015 budget.
Mayor Sanders indicated that this substitute motion seems more like a policy Mayor Pro Tem Lamont is trying to
set and not an amendment to the budget which is not action on the budget which is all we are agenda for. Mayor
Pro Tem Lamont withdrew his substitute motion and the second agreed.
Council Member Parrow withdrew his main motion and the second agreed.
Motion made by Council Member Parrow, seconded by Council Member Reed, to reduce the Manager's budget by
$8,750.
Motion fails 2-4-0 with Council Member Parrow and Council Member Reed, voting for and Council Member Rowe,
Mayor Sanders, Mayor Pro Tem Lamont and Council Member Shoffner voting against.
Motion made by Council Member Parrow, seconded by Council Member Rowe, to reduce the Manager's budget by
$6,000. (referencing auto allowances)
Motion fails 3-3-0 with Council Member Rowe, Council Member Reed and Council Member Parrow, voting for and
Mayor Sanders, Mayor Pro Tem Lamont and Council Member Shoff ner voting against.
b. Park & Recreation Budget
Motion made by Council Member Parrow, seconded by Council Member Reed, to reduce the Parks auto allowance
budget by $2,100 and reduce the Recreation auto allowance by $2,100.
Motion fails 3-3-0 with Council Member Rowe, Council Member Reed and Council Member Parrow, voting for and
Mayor Sanders, Mayor Pro Tem Lamont and Council Member Shoff ner voting against.
Council Member Rowe would like for the Town Manager to do a cost benefit analysis where auto allowances are
concerned.
c. Streets
No action
d. Medians
September 9, 2014 Town Council Minutes Page 6 of 34
No action
e. Community Development
Council Member Parrow requested clarification on:
$12,000 planning/Counseling Services
$8,000 third party inspection if necessary
f. Human Resources
No action
g. Cell Phone Plan Alternatives
Motion made by Council Member Parrow, seconded by Council Member Rowe, to request the Town Manager
initiate a cell phone plan review to determine the benefit of changing our current cell phone program to a lower
unit cost and improved rate plan.
Mayor Sanders ruled the motion out of order as we are discussing the budget, he realizes the cell phone plan
effects the budget; however, a management issue of reviewing a plan which does not directly affect the budget.
Attachment C — Cell phone & Plan Potential Alternative provided by Council Member Parrow
h. Hazardous Mitigation Action Plan
Mayor Pro Tem Lamont requested an explanation of the Hazardous Mitigation Action Plan as it relates to the
budget.
No action
Public Hearing for the budget will be held Monday, September 15, 2014.
19. Consider and take appropriate action to engage third party vendor for ground spraying for mosquitoes of
threatened areas within the town limits of Trophy Club.
Discussion only and no action was given to spray.
20. Town Council Liaison Updates; discussion of same.
• EDC 4B - Monday, September 8, 2014
Council Liaison — Council Member Rowe
21. Town Manager Slye's update regarding the following; discussion and provide input regarding same.
• 9/11 Ceremony - Thursday, September 11, 2014 at 9:00 am
• Trophy Club Fire Department Badge and Ribbon Ceremony
Sunday, September 21, 2014 at 3:30 pm
• 114/170 Transportation Update
• Human Resources update:
Chief Kniffen
Steven Glickman
September 9, 2014 Town Council Minutes Page 7 of 34
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
22. Discussion of agenda items posted for consideration on the upcoming regular session council agenda for
September 23, 2014 and 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.
Mayor Sanders asked that review of policies related to employee's compensation for auto allowances and
retirement plans be placed on the list.
Mayor Sanders asked that review of cell phone/wireless policy and plans be placed on the list.
Council Member Rowe asked that "Consider and take appropriate action regarding parking on Parkview and
options for Police Department mitigation" be placed on the list.
Council Member Rowe asked that "Consider and take appropriate action regarding crosswalk safety
enhancements" be placed on the list.
Mayor Pro Tem Lamont asked that "Consider and take appropriate action regarding the review of the sign
ordinance" be placed on the list
RECONVENE INTO EXECUTIVE SESSION - START TIME — 9:20 P.M.
RECONVENE INTO REGULAR SESSION - START TIME— 9:52 P.M.
ADJOURN
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried
unani ously. Meeting adjourne at 9:53 p.m.
Tamy Ard, To Secretary C. Nick Sanders, Mayor
To of Trophy ub, Texas Town of Trophy Club, Texas
September 9, 2014 Town Council Minutes Page 8 of 11
September 9, 2014 Town Council Minutes Page 8 of 34
ATTACHMENT A
Interlocal Agreement between the Town and Northwest Independent School District for
School Resource Officer/ Absent Student Assistance Program
September 9, 2014 Town Council Minutes Page 9 of 34
9 ORIGINAL
STATE OF TEXAS §
Interlocal Agreement by and between
§
The Town of Trophy Club, Texas and
§
Northwest Independent School District
§
for School Resource Officer Services
This Agreement is entered into upon the date of the last party's signature to this Agreement and
is between the Town of Trophy Club, Texas, a home rule municipal corporation located in
Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest
Independent School District, A Texas District located in Denton, Tarrant and Wise Counties,
Texas (hereinafter referred to as the "District"). The Town and District made the following
findings in entering into this Agreement:
WHEREAS, this Agreement for School Resource Officer (SRO) Services is made pursuant to
the authority granted to the parties pursuant to Texas Government Code 791.001 - 791.0029,
known as the Interlocal Cooperation Act; and
WHEREAS, the expense of any payments of performance required by this Agreement shall
come from current revenues legally available to the parties;
WHEREAS, the subject of this Agreement is necessary for the benefit of the public and the
students and each party, and that the performance and payment fairly compensates both
parties; and
WHEREAS, the goals of the SRO Program are as follows:
1. Provision of security and protection of District's students, staff, and property.
2. Reduction of criminal offenses committed by juveniles and young adults.
3. Establish rapport with the students.
4. Establish rapport with the parents, faculty, staff, administrators and other adults.
5. Create and expand programs with vision and creativity to increase student
participation, which will benefit the students, the District, the Police Department, and
the community.
6. Present positive role models for students.
NOW, THEREFORE, for and in consideration of the mutual undertakings hereinafter set forth
and for adequate consideration given, the parties agree to cooperate in securing the placement
of one (1) School Resource Officer for the District as follows:
SRO/ASAP NISD FY2014-2015 Agreement
September 9, 2014 Town Council Minutes Page 10 of 34
Town Obligations
The Town agrees to provide one (1) fully -qualified, licensed peace officer who will be assigned
by the Town to serve as a School Resource Officer. The Town agrees to supply any and all
necessary equipment, including by not limited to uniforms, body -worn camera, and any other
personal defense equipment for the School Resource Officer. The Town agrees to provide all of
the above to the District, for the consideration provided in section V below.
If the SRO cannot report for duty and will be absent for a day or partial day the Town shall notify
the District liaison, via email, notifying what SRO is not going to be reporting for duty and the
name of the substitute Officer. If the Town cannot provide an officer, the funding will be
adjusted as outlined in section V.
II.
Duties of School Resource Officer
2.01 Duties. While on duty for the District, the School Resource Officer shall perform and
otherwise fulfill the following duties and obligations including, but not limited to the following:
• Works closely with campus and District staff to provide a safe and secure learning
environment.
• Act as a resource person in the area of law enforcement education.
• Cooperate and assist, in any manner assigned in compliance with the law by the District,
in any District efforts, programs, or classes to educate students on law enforcement and
criminal justice issues.
• Serve Absent Student Assistance Program (ASAP) requests from all NISD campuses
and facilities. This includes follow-up with return reports to the requesting campus within
24 hours. Initial ASAP service attempt must be made the same day as request is
received.
Make arrests and referrals of criminal law violators within the discretion of the School
Resource Officer. Although the SRO has been placed in a formal education
environment, they are not relieved of their official duties as enforcement officers.
Decisions to intervene normally will be made when it is necessary to prevent violence, a
breach of the peace, personal injury or loss of property. Citations should be issued and
arrests made when appropriate and in accordance with Town Police Department policies
and procedures.
• Conduct or assist in criminal investigations of violations of law on District property.
SRO/ASAP NISD FY2014-2015 Agreement
September 9, 2014 Town Council Minutes Page 11 of 34
• Provide a law enforcement resource when necessary to maintain the peace on the
District's property and campuses.
• Take enforcement action on criminal offenses when appropriate and in accordance with
Town Police Department policies and procedures.
• Wear an approved police uniform while on duty, or other apparel as approved by the
Chief of Police
• Perform other duties requested by the District so long as the performance of such duties
is legitimately and reasonably related to the purposes of this Agreement and so long as
such duties are consistent with state and federal law and the policies and procedures of
the District and the Town.
• Follow and conform to all policies and procedures of the District that do not conflict with
the policies and procedures of the Town. The parties to this Agreement shall abide by all
rules, regulations and procedures as outlined in the Civil Rights Act.
• Assist and evaluate with the implementation of security programs at the request of the
District.
• Coordinate with school administrators, staff, other law enforcement agencies and courts
to promote order and security on District campuses and property.
• Accompany and provide a secure environment for students and District personnel on
curricular and extracurricular trips inside and outside of the District, when approved by
the Chief of Police or his designee.
Attend and provide a secure environment at any school -related events and functions
including but not limited to, sporting events, class dances and socials, and other social
or educational gatherings within District campuses and property. Services needed after
standard school hours will be undertaken as off-duty employment and paid by the
District with approval by the Department per Town and Trophy Club Police Department
Policies.
• Counsel with parents and staff as necessary.
• Coordinate directly with campus principals regarding the individual needs of their
campus or the District.
• Use a common sense approach to enforcement and conduct self in a professional
manner.
SRO/ASAP NISD FY2014-2015 Agreement
September 9, 2014 Town Council Minutes Page 12 of 34
• Report all situations involving violence or other dangerous situations to the District
Superintendent or designee as soon as possible.
• Advise students on responsibilities and procedures concerning criminal matters.
• Help resolve issues between students that involve matters that may result in criminal
violations, disturbances or disruptions.
• Maintain confidentiality of student information in compliance with the Family Education
Rights and Privacy Act ("FERPA").
If at some point, the work schedule of the School Resource Officer does not fulfill the full-time
requirements of a Town employee, the Town retains the right to direct the activities of the
School Resource Officer in order to comply with the full-time requirements.
2.02. Property Damage. To the extent provided by law, the Town or its Police Department will
not under any circumstances be responsible for any property belonging to the District, it's
officers, members, agents, employees, subcontractors, program participants, licensees or
invitees, which may be lost, stolen, destroyed or in any way damaged as a result of the action or
inaction of the School Resource Officer.
Ill.
Assignments
A School Resource Officer is an employee of the Town and will perform the duties of School
Resource Officer/Absent Students Assistance Program position (hereinafter "SRO/ASAP). This
Agreement includes one (1) School Resource Officer. The function of a School Resource Officer
is to act as an educator, counselor, and law enforcement official on the campuses and property
of the District. The SRO/ASAP position is unique in that the assigned officer shall provide
services to the District both inside and outside of the territorial limits of Trophy Club. The
SRO/ASAP officer will perform the responsibilities outlined in the SRO/ASAP job description
that require services both inside and outside of the territorial limits of the Town. He or she will
not be required to obtain prior Town authorization for these services and will, after notification of
his or her immediate supervisor and the District liaison via email, utilize a flexible schedule to
avoid incurring overtime. The School Resource Officer will be a licensed peace officer under the
laws of the State of Texas. The Town will select the officer from the eligible applicants for
employment. The District will provide input to the Town regarding the selection, with the final
decision regarding employment being the Town's decision. Town affirms it has complied or will
comply, prior to the performance of any work for District, with the requirements regarding
criminal background checks as provided under Texas Education Code, Chapter 22. This law
requires the independent contractor to obtain all criminal history record information on all
persons to whom the law applies through the Texas Department of Public Safety (DPS)
clearinghouse. This process includes fingerprinting in order to submit the individuals to a
national check. Town must certify to District that the Town has received all criminal history
SRO/ASAP NISD FY2014-2015 Agreement 4
September 9, 2014 Town Council Minutes Page 13 of 34
record information on all SROs, and that there were no positive hits. The cost of this
requirement is to be paid by the Town.
The District will have the authority to create and modify work schedules and make job
assignments while the officer is on -duty at a District campus or property. For school year 2014-
2015, the School Resource Officer is expected to be at his or her daily assignment at 9:00 am
and expected to remain working with District campuses, students, staff and parents until
5:00 pm daily, each day school is in session, unless the hours are adjusted to accommodate
other District assignments. The District will work with the SRO/ASAP to manage their time, as to
not accrue District -initiated overtime for specific District requests. Any conflict of such
schedules or assignments will be referred to the Town and District Liaisons for resolution.
The SRO is, first and foremost, a law enforcement officer for the Town Police Department and
therefore shall be responsible for carrying out all duties and responsibilities of a police officer
and shall remain at all times under the control, through the chain of command, of the Town of
Trophy Club Police Department.
IV.
District Obligations
The District shall provide the following:
• Office space at Medlin Middle School and Byron Nelson High School;
• Computer, telephone, and other office equipment as needed by the School Resource
Officer for the performance of their duties hereunder. Provide access and encourage
classroom participation by the SRO;
• Laptop computer with aircard service.
• Provide the SRO with information and training on school procedures and policies;
• Provide the opportunity for the SRO to address teachers and administrators about the
SRO Program, goals and objectives;
• Seek input from the SRO regarding criminal justice problems relating to students;
• Notify the Chief of Police immediately if a conflict arises between the SRO and a District
representative;
• Allow campus principals to coordinate directly with the SRO regarding the individual
needs of their campus.
• Provide SRO with access, including computer access, to student records pursuant to the
Family Education Rights and Privacy Act (34 CFR § 99.31) for the purpose of criminal
investigation of criminal acts committed by students, if and only if, investigating on behalf
of the District and in furtherance of the duties as an SRO, not as an employee of the
Town of Trophy Club Police Department.
V.
Funding/Consideration
SRO/ASAP NISD FY2014-2015 Agreement
September 9, 2014 Town Council Minutes Page 14 of 34
The parties agree and understand that funding for the SRO/ASAP shall be provided as
follows:
In consideration of the services provided and cross promises hereunder, for the school year
2014-2015, the District shall pay the Town an amount not to exceed FIFTY THOUSAND SIX
HUNDRED SEVENTY SIX AND 34/100 DOLLARS ($50,676.34) for the maintenance of the
SRO/ASAP. Notwithstanding the contribution of funds from the District, the Town shall remain
responsible for the balance of the funding required to maintain the officer's salary and standard
Town employee benefits package. At all times under this Agreement, and not withstanding any
contribution of funds by the District, the Town shall remain responsible for the withholding of
income taxes and Social Security, and for workers compensation, disability benefits, and
insurance requirements for the SRO -ASAP in accordance with the Town's standard employee
benefits package then in existence. The Town will also ensure that the District remains listed as
an additional insured on any policy covering the officer's activities and duties.
If the SRO/ASAP cannot report to an NISD campus for duty, the Town shall provide another
officer to fill in to perform the duties of the SRO in their absence. If an officer cannot be provided
the daily rate (contracted amount above divided by 177 school days) will be deducted from the
contracted amount for each day service is not provided by the Town.
Funding for renewal years, if applicable, shall be negotiated by the parties and documented in a
written modification to this Agreement approved by the respective governing body for each party
hereto in accordance with the terms of this Agreement.
VI.
SRO/ASAP Vehicle
NISD agrees to furnish one (1) vehicle equipped to perform SRO/ASAP duties for NISD to the
Town for use by the SRO/ASAP during the term of this Agreement. The vehicle shall be leased
to the Town for the amount of $1.00 during the term of this Agreement. In addition to the
foregoing if the Town desires to utilize the SRO/ASAP designated vehicle during the summer
break, NISD agrees to lease the vehicle to the Town for non -patrol use for an amount mutually
agreed upon in writing by the parties to this Agreement. If the Town desires to utilize the vehicle
during the summer break, specifically defined as the day immediately following the academic
school year until the first day of the academic school year, NISD agrees to lease the vehicle to
the Town for non -patrol use for the amount of $100.00 per month or a prorated amount for a
portion of a month plus plus $.52 per mile.
The Town will have the vehicle covered under the Town's liability (fleet) insurance policy.
If not leased by the Town, the District shall cover the vehicle under the District's liability
(fleet) insurance policy.
The District will be directly responsible for customary maintenance, repairs, and fuel for
the vehicle, during the term of this Agreement. The Town shall be responsible for fuel
and regular maintenance if the vehicle is leased by the Town for the summer break.
Town expense for regular maintenance, i.e., tires, fuel filters, A/C units, transmission
SRO/ASAP NISD FY2014-2015 Agreement
September 9, 2014 Town Council Minutes Page 15 of 34
defects, etc. shall not exceed $2, 000 per fiscal year. The District will provide the
SRO/ASAP with the necessary information and authority to obtain such goods and
service to maintain his/her provided vehicle in good running order.
• Unless leased for the summer break, the vehicle shall not be utilized for any Town
business.
• The vehicle shall not be utilized for off-duty work.
• The vehicle shall only be operated by the assigned SRO/ASAP and District employees.
• The vehicle shall be parked at the Trophy Club Police Department when not in use.
• When school is not in session, unless leased by the Town during the summer, the
vehicle shall be returned to NISD for yearly maintenance and service. NISD will keep
possession of the vehicle until the start of the fall semester.
VII.
Term
The term of this Agreement shall be in effect for the 2014-2015 school year with an initial term
of one (1) year commencing on or about August 1, 2014 and ending on or about July 31, 2015
(hereinafter "Initial Term"). After the Initial term, this Agreement may be renewed annually for
five (5) additional terms of one (1) year each by written agreement of the parties approved by
the respective governing bodies unless otherwise terminated as provided herein. This
Agreement may be terminated by either party upon thirty (30) days written notice prior the end
of the Initial term or any renewal term.
VIII.
Replacement
The District may, for cause, request a replacement of the School Resource Officer. Such a
request shall be made through the Town's Chief of Police, shall be in writing and shall set forth
the basis for the request. A replacement School Resource Officer shall be provided as soon as
possible giving due consideration for the Town's staffing level and time required to complete the
outside hiring process as necessary. The Town shall have the authority to change personnel
serving as the School Resource Officer at any time, and in accordance with Section III,
Assignments of this Agreement. In the event that the Town changes such personnel for any
reason other than termination of the individual serving as School Resource Officer, Town shall
provide written notice to District of such personnel change.
IX.
Notices
Notice to the Town shall be accomplished by registered or certified United States Mail, postage
prepaid, return receipt requested and addressed as follows:
Town:
Town Manager
SRO/ASAP NISD FY2014-2015 Agreement
September 9, 2014 Town Council Minutes Page 16 of 34
Town of Trophy Club
Trophy Club, Texas 76262
Notice to the District shall be accomplished by registered or certified United States Mail,
postage prepaid, return receipt requested and addressed as follows:
NISD:
Superintendent of Schools
Northwest Independent School District
P.O. Box 77070
Fort Worth, Texas 76117
X.
Town Employee
The SRO/ASAP shall at all times remain an employee of the Town subject to the personnel
policies of the Town and General Manual of the Trophy Club Police Department. Subject to
Section III of this Agreement, the District shall have the authority to make decisions regarding
the officer's assignment and schedule while on -duty at a District campus or property within the
territorial limits of Trophy Club. With the exception of those duties described in Section III
"Assignments" of this Agreement., in non -emergency situations, the District shall request
authorization from the Town of Trophy Club Police Department if the SRO/ASAP is needed
outside of the territorial limits of the Town of Trophy Club to perform duties not directly related to
this Agreement. Authorization must be provided by either the Chief of Police or his designee.
In an emergency situation, the District shall advise the Chief of Police or his designee of the
need for the SRO/ASAP to attend to the emergency outside of the Town of Trophy Club as soon
as practicable. Town is and at all times shall be deemed to be an independent contractor.
Nothing herein shall be construed as creating the relationship of employer and employee, or
principal and agent, between District and Town or any of Town's agents or employees. Town
assumes responsibility for the acts of its employees as they relate to the services provided
during the course and scope of their employment. Town, its agents and employees, shall not be
entitled to any rights or privileges of District employees and shall not be considered in any
manner to be District employees.
XI.
Governmental Immunity
Neither the Town nor the District waives or relinquishes any governmental immunities or
defenses on behalf of themselves, their trustees, officers, employees and agents as a result of
the execution of this Agreement and the performance of the functions or obligations hereunder.
Both parties agree that the services provided hereunder are exclusively governmental functions.
XII.
Workers Compensation
SRO/ASAP NISD FY2014-2015 Agreement
September 9, 2014 Town Council Minutes Page 17 of 34
The Town shall provide, during the term of this Agreement, worker's compensation insurance in
the amounts as required by Texas state law, for all Town employees engaged in work under this
Agreement. As to all other insurance provided by Town, it shall provide the District with
documentation indicating such coverage prior to the beginning of any activities under this
Agreement.
XIII.
Termination
This Agreement may be terminated by either party at its sole option and without prejudice by
giving thirty (30)days written notice of termination to the other party. Upon termination of this
Agreement, the Town will assume any and all fiscal responsibilities from and after the effective
date of termination.
XIV.
Miscellaneous
14.01. Venue. This Agreement is made in Texas and shall be construed, interpreted and
governed by Texas laws, and venue for any disputes or actions arising hereunder shall be
exclusive in Denton County, Texas.
14.02. No Third Party Beneficiaries. By entering into this Agreement, the parties do not intend
to create any rights or obligations other than those specifically set forth herein and this
Agreement shall not create any rights in persons not a party to this Agreement, including without
limitation, any individual serving hereunder as the School Resource Officer.
14.03. Authority to Bind. The undersigned officer and or agents of the parties hereto are
properly authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto, and each party hereby certifies to the other that any necessary
resolutions extending said authority have been duly passed and are now in full force and effect.
14.04. Modifications. All modifications to this Agreement shall be in writing and approved by
the respective governing body for each party.
14.05 Entire Agreement. This Agreement embodies the complete agreement of the parties
hereto superseding all oral or written previous and contemporary agreements between the
parties relating to matters herein and, except as otherwise provided herein, cannot be modified
without written agreement of the parties as provided herein.
14.06. -Waiver. No waiver of a breach or any provision of this Agreement by either party shall
constitute a waiver of any subsequent breach of such provision. Failure of either party to
SRO/ASAP NISD FY2014-2015 Agreement
September 9, 2014 Town Council Minutes Page 18 of 34
enforce at any time, or from time to time, any provisions of this Agreement shall not be
construed as a waiver thereof.
14.07. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, conditions or any other part of this Agreement are for any reason held to
be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall
remain in full force and effect and shall in no way be affected, impaired or invalidated.
14.08. Independent Contractor. Each party covenants and agrees that it is an independent
contractor and not an officer, agent, servant or employee of the other party; that subject to the
terms of this Agreement, Town shall have exclusive control of and exclusive right to control the
details of the work performed hereunder and all persons performing same, and shall be
responsible for the acts and omissions of it officers, agents, employees, contractors,
subcontractors and consultants. Nothing herein shall be construed as creating a partnership or
joint enterprise between Town and District.
14.09. Contract Performance Reviews. Each party agrees to meet periodically in order to
review contract performance of sections I, II, III, IV and V. The purpose of the meeting is to
ensure that each party's provided services and job performance are meeting expectations of the
other party. The meeting will include the District Liaison and the SRO/ASAP immediate
supervisor within the Town of Trophy Club Police Department. At a minimum, the District
Liaison and the School Resource Officer's immediate supervisor will meet once in October and
once in February of each academic school year.
14.10 Assignment. Neither party shall assign, transfer, or sub -contract any of its rights,
burdens, duties or obligations under this agreement without the prior written permission of the
other party to the Agreement.
14.11 Resources. All District funded and provided resources will be returned at the end of each
school year for safe keeping, inventory, maintenance and service.
Xv.
Liability
Any claims by third parties arising as a result of the enforcement of Local, State, or Federal law,
including employment claims, shall be handled by, and be the responsibility of, the Town. Any
claims by third parties arising as a result of the enforcement of District policy or procedure shall
be handled by, and be the responsibility of the District.
IN WITNESS WHEREOF, the parties have executed this Contract as of the Dates shown below
their respective signatures.
SRO/ASAP NISD FY2014-2015 Agreement
10
September 9, 2014 Town Council Minutes Page 19 of 34
NORTHWEST INDEPENDENT SCHOOL DISTRICT
Title:
APPROVED AS TO FORM:
TOWN OF TROPHY UB, TEXAS
By:
Mayor:
ATTE-T:
TOM'SEC RTAKY
APPROVED AS TO FORM:
TOWN ATTORNEY
SRO/ASAP NISD FY2014-2015 Agreement
C�
//-
bate:
Date:
11
September 9, 2014 Town Council Minutes Page 20 of 34
ATTACHMENT B
FY15 Proposed Budget — September 9, 2014
September 9, 2014 Town Council Minutes Page 21 of 34
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ATTACHMENT C
Cell phone & Plan Potential Alternative provided by Council Member Parrow
September 9, 2014 Town Council Minutes Page 31 of 34
CELL PHONE & PLAN
POTENTIAL ALTERNATIVE
Faster Dedicated Communication Network
• AT&T — Unlimited Push To Talk [PTT] plan $18.99 per Month / $227.88 per Year
• SAMSUNG Smart Phone — W/WIFI ability $25.00 ea. 1Time Cost [Town Owned]
• Total 43 Lines [$227.88] & 43 [$25] Phones
• Total 43 Lines [227.88] year 2 +
• Current Town Allowance $900.00 per Year
• Potential Savings "Current" vs PTT plan
• Potential Savings PTT Plan ONLY
• Unlimited PTT - added to any AT&T Phone
• Data can be added — At "0" or Low cost
$9,798.84 + $1075.00 = $10,873.84
$9798.84 Units/Numbers Town Owned
$ 28,460.00 43 Plans & Equip
$17,586.00 Year 1
$18,661.16 Year 2 & Following
$ 3.00 per month
As required for Key Staff
• Town Manager — GPS Tracking allows for Expedient Staff Assistance/Repositioning
• GPS Tracking can also be done with Town Assets - Trucks & Equipment etc.
• SAMSUNG Rugby Pro — Ruggedized — Minimize impact/water damage
• 1 Button EMERGENCY Notification up to 250 Member Broadcast
• Enhanced 911 - Provides 1 st Responders with Names, Ages, Pets etc. at location
• AT&T App allows Residents to send Notifications to Staff — Fire/Streets etc.
• AT&T offers a $100.00 Credit per line for any potential Contract Buy Out Cost
AT&T offers existing equipment Buy Back Program
White Glove Service Includes - Delivery, Training, Demo Units for Testing etc.
September 9, 2014 Town Council Minutes Page 32 of 34
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September 9, 2014 Town Council Minutes
http://www.samsung.com/us/Mobile/cell-i)hones/SGH-I547ZKAATT
Page 1 of 7
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Warran
Page 33 of 34
9/9/2014
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