Minutes TC 03/02/1999 - Joint SessionMINUTES OF JOINT SESSION
TOWN COUNCIL/
M.U.D. NO. I/ M.U.D. NO.2/
REGULAR TOWN COUNCIL MEETING
TOWN OF TROPHY CLUB
MARCH 2, 1999
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club met in a joint session with the Town Council and MUD
# I and MUD #2 and held a regular session on Tuesday, March 2, 1999. The meeting was held within the
boundaries of the Town and was open to the public.
COUNCIL MEMBERS PRESENT
Marshall Engelbeck
Mayor Pro Tem
Kay Pratt
Council Member
Kevin Carr
Council Member
Susan H. McCabe
Council Member (left meeting at 8:17 p.m.)
Ben Brewster
Council Member
MUNICIPAL UTILITY DISTRICT #1 DIRECTORS PRESENT
T. A. Neidenberger President
Wesley Obermeier Vice President
Dean Henry Secretary/Treasurer
John Dave Robison Director
Connie White (arrived at 7:25 p.m.) Assistant Secretary
MUNICIPAL UTILITY DISTRICT #2 DIRECTORS PRESENT
James C. Thomas
James P. Budarf
Walter Fitzpatrick
Carol Borges
STAFF AND GUESTS PRESENT
Donna Welsh
Diane Cockrell
Jim Buxton
Cathy Morgas
Bill LeGrand
Barbara Allen
David Miller
Lou Opipare
Roger Unger
President
Vice President
Secretary/Treasurer
Assistant Secretary
Town Manager
Town Secretary
Finance Director
Planning Director
Director of Public Works
Court Clerk
Director of DPS
Chief, TCFD
Municipal Utility District Manager
Page 2 Town Council March 2, 1999
JOINT SESSION
CALL TO ORDER AND ANNOUNCE A QUORUM.
A. Town Council
B. M.U.D. No. 1
C. M.U.D. No. 2
Mayor Pro Tem Engelbeck called the meeting to order at 7:07 p.m., noting that a quorum was present.
PRESENTATION WITH RECOMMENDATIONS FROM THE ADMINISTRATIVE COMMITTEE
REGARDING THE RAY AND ASSOCIATES COMPENSATION SURVEY.
Council Member Brewster moved to bring this item to the floor; Council Member McCabe seconded. Motion
passed. Mayor Pro Tem Engelbeck gave an overview of the Administrative Committee. The Administrative
Committee recommend that the raises for non-exempt employees become effective March 28, 1999. For
exempt employees, fifty percent (50%) of the recommended increase be effective March 28, 1999 and the
balance October 1, 1999. There will be a revised evaluation system. The employees will go back to a "use
or lose" vacation. There will be reduction in the number of holidays from 12 to 10, losing President's Day and
Columbus Day. There will be longevity pay and tuition reimbursement. There will no longer be an incentive
plan to keep employees from using sick days.
EXECUTIVE SESSION: There was no Executive Session.
DISCUSSION AND TAKE APPROPRIATE ACTION REGARDING THE RECOMMENDATIONS
FROM THE ADMINISTRATIVE COMITTEE REGARDING THE RAY AND ASSOCIATES
COMPENSATION SURVEY INCLUDING ACTION ON THE SALARIES OF INDIVIDUAL
EMPLOYEES INCLUDING THE DISTRICT MANAGER AND TOWN MANAGER.
After discussion, Council Member McCabe moved to accept the recommendations. Council Member Carr
seconded, motion passed unanimously. MUD 41: Director Henry moved to accept the recommendations;
Director Obermeier seconded. MUD 41 motion passed a majority of directors for and Director White voting
against. MUD 42: Director Fitzpatrick moved to accept; Director Borges seconded. MUD #2 motion passed
unanimously.
Mayor Pro Tern Engelbeck called a recess at 8:17 p.m.
REGULAR SESSION
CALL TO ORDER AND ANNOUNCE A QUORUM.
Mayor Pro Tem Engelbeck called the regular session to order at 8:30 p.m. and noted that a
quorum was present. Council Member McCabe had to leave.
Page 3 Town Council March 2, 1999
INVOCATION.
Pearl Ford, CIA President, gave the invocation.
PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND THE TEXAS FLAG.
Council Member Kay Pratt led the pledges.
PRESENTATIONS TO COUNCIL:
JAN BELCHER, MILLENIUM TELCOM CONSULTANT, TO GIVE PRESENTATION
REQUESTING MILLENIUM TO BE ALLOWED TO OPERATE A
TELECOMMUNICATIONS AND A CABLE TELEVISION BUSINESS WITHIN THE
TOWN OF TROPHY CLUB.
Jan Belcher, with Cathy Hutton & Associates, gave a presentation on Millenium Telecom.
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 ONANY
PRESENTATION MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM
NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATION ON
SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE
ITEMS.
No citizen presentations at this time.
TOWN COUNCIL TO DISCUSS AND ADOPT AN ORDINANCE GRANTING A FRANCHISE TO
MILLENNIUM TELCOM, L.L.C., A TEXAS CORPORATION, TO CONSTRUCT, TO OWN AND
OPERATE, AND TO MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWN OF TROPHY
CLUB, TEXAS SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE.
Mayor Pro Tem Engelbeck moved to table and bring back on the April 6, 1999 agenda. Council Member Pratt
seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND ADOPT AN ORDINANCE WHEREBY THE TOWN OF
TROPHY CLUB, TEXAS AND MILLENNIUM TELCOM, L.L.C. AGREE THAT, FOR THE
PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE
COMPANY SHALL MAINTAIN AND CONSTRUCT ITS WIRES, ANCHORS, FIBER, CABLES,
MANHOLES, CONDUITS AND OTHER PHYSICAL PLANT AND APPURTENANCES IN, ALONG,
ACROSS, THROUGH AND UNDER ALL PUBLIC PROPERTY IN SAID TOWN; PRESCRIBING
THE ANNUAL COMPENSATION DUE THE TOWN UNDER THIS ORDINANCE; PRESCRIBING
THE CONDITIONS GOVERNING THE USE OF PUBLIC STREETS, AVENUES, HIGHWAYS,
ALLEYS, SIDEWALKS, BRIDGES OR PUBLIC RIGHT-OF-WAYS AND THE PERFORMANCE
OF CERTAIN CONSTRUCTION WORK ON PUBLIC RIGHT-OF-WAY FOR THE
Page 4 Town Council March 2, 1999
TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PROVIDING AN
INDEMNITY CLAUSE; SPECIFYING GOVERNING LAWS; PROVIDING FOR FUTURE
CONTINGENCIES; PROVIDING FOR WRITTEN ACCEPTANCE OF THIS ORDINANCE BY THE
TELEPHONE COMPANY; AND PROVIDING FOR A TERM AND AN EFFECTIVE DATE.
Mayor Pro Tem Engelbeck moved to table and bring back on the April 6, 1999 agenda. Council Member Pratt
seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND ADOPT A RESOLUTION AUTHORIZING THE CREATION
OF A UTILITY FRANCHISE TASK FORCE TO SET STANDARDS AND PROCEDURES FOR
UTILITY FRANCHISING WITHIN THE TOWN OF TROPHY CLUB; NAMING MEMBERS TO
THIS TASK FORCE AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Engelbeck moved to adopt the resolution as amended; establishing a task force and naming
members to this task force and bring back to the Council at its March 16 meeting. Council Member Brewster
seconded; motion passed unanimously.
TOWN COUNCIL TO DISCUSS AND ADOPT A RESOLUTION AUTHORIZING THE
PARTICIPATION OF THE TOWN OF TROPHY CLUB WITH OTHER TEXAS CITIES IN THE
TEXAS COALITION OF CITIES FOR FRANCHISED UTILITY ISSUES; NAMING A
REPRESENTATIVE TO THE STEERING COMMITTEE; AUTHORIZING PAYMENT OF A
PARTICIPATION FEE AND PROVIDING AN EFFECTIVE DATE.
Council Member Brewster moved to adopt the resolution. Council Member Pratt seconded; motion
unanimously passed.
TOWN COUNCIL TO DISCUSS AND ADOPT A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE BUDGET CALENDAR OF THE
TOWN OF TROPHY CLUB FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND
ENDING SEPTEMBER 30, 2000.
Council Member Carr moved to adopt the resolution. Council Member Brewster seconded; motion passed
unanimously.
TOWN COUNCIL TO DISCUSS AND ADOPT A RESOLUTION REGARDING THE PUBLIC
RELATIONS COMMITTEE'S REQUEST TO START AND OPERATE A TOWN
BEAUTIFICATION PROGRAM TO ACCEPT DONATIONS AND OPERATE ON BEHALF OF
l
Barb Tweedie, Chairperson of the Public Relations Committee, introduced John Harbin and Darin Davis, a
resident, who presented information regarding the Town beautification. After discussion, Council
Member Carr made the motion to adopt the resolution. Council Member Brewster seconded; motion
passed unanimously.
Page 5 Town Council March 2, 1999
CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA ITEM 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.
A. FINANCIAL REPORTS ENDING 12/31/98
B. FINANCIAL REPORTS ENDING 1/31/99
Council Member Brewster moved to approve the Consent Agenda. Council Member Carr seconded;
motion passed unanimously.
STAFF AND COMMITTEE REPORTS.
Donna Welsh, Town Manager, updated the Council on the wall and the meeting construction as in B-2
plan and the meeting with Dave Brown of Westlake regarding the agreement between our Department of
Public Safety and Westlake.
Bill LeGrand, Director of Public Works, gave a report on the Skyline street repair project. MetroCom, (a
wireless radio data communication system) will be going to Public Works with their presentation next
Tuesday, and then it will be brought to the Franchise Task Force. Mr. LeGrand had a call and visit today
from Direct TV. Direct TV is are offering a program to drop Marcus and to change out to provide these
systems at no costs to the homeowners who want to change over. Mr. LeGrand has reserved the board
room for April 5, 1999 and Direct TV will present a demonstration on how the dish works, and people can
have hands on instruction on the dish; they can also provide direct internet hookup. A meeting has been
set up with Marcus Cable on March 29, 1999 in the same boardroom, and Marcus will put on a
demonstration of their wares and how it works, for anybody who is interested.
Diane Cockrell, Town Secretary, informed the Council that starting with the next meeting, we will start
meeting at 6:30 for the pre -council, dinner provided, and Council meetings will start at 7:30 p.rn., unless
we have a short council meeting. If no workshop is needed, our Council meetings will begin at 7:30 p.m.
Applicants who have filed for Mayor are Larry Hutto and Marshall Engelbeck; applicants who have filed
for Council are Scott Smith, Kevin Carr, Billy Hughes, Jon Livers, and Barb Tweedie.
David Miller, Chief DPS, reported that the department is moving forward on hiring new police officers.
Chief Miller had the pleasure of introducing his daughter, Chastity.
Billy Hughes, Parks and Recreation Chairman, reported that the Committee is evaluating current options
for baseball fields between the schools.
Terry Christlieb reported that the EDC meets next Monday, and presentations are going to be made by
Public Relations Committee and several citizens on raising money for playground equipment at Lakeview.
The EDC is also concerned about not getting good use out of the Town's website and would like to find a
way to coordinate better with the Council and staff to get better use out of it.
Page 6 Town Council March 2, 1999
Barb Tweedie, Public Relations Chairperson, requested information and an update for the Calendar on the
Website.
PRESENTATIONS BY COUNCIL.
Council Member Brewster stated that one thing he learned about the Millenium marketing package is that
they provide camcorders and video capabilities and advanced graphics for the shared government channel.
If they can do it, why can't Marcus do it. Council Member Brewster asked the Mayor Pro Tem and Mr.
LeGrand to to investigate if Marcus can have some technology available to us.
Council Member Carr reported that someone came to his house today to change his boxes out. When he
got home, about five or six channels were blocked out and he wasn't too happy. Council Member Carr
would also like to see the issue of the Town Attorney resolved by a target date of April 1, 1999.
ADJOURN.
Council Member Brewster made the motion to adjourn at 10:10 p.m. Council Member Pratt seconded;
motion passed unanimously.
Mayor Pro Tem
(Seal)
Town Secretary
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