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Minutes TC 10/06/2003MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB OCTOBER 6, 2003 *REGULAR SESSION — 7:00 P.M. LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS STATE OF TEXAS § COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, October 6, 2003. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Beverly Foley Mayor Pro Tem Susan Edstrorn Council Member Bill Matthai Council Member Scott Spence Council Member TOWN COUNCIL MEMBERS ABSENT: Roger Williams Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Diane Cockrell Roger Unger Randy Briggs Robert De Los Santos Patricia Adams Gene Hill Town Manager Town Secretary Finance Director Community Development Manager Director of Police and Fire Services Town Attorney Planning & Zoning Chairperson 1. CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the Regular session to order at 7:05 p.m. noting a quorum was present. 2. INVOCATION. Council Member Matthai gave the invocation. 3. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG. "Honor the Texas flag; I pledge allegiance to thee, Texas one and indivisible." Judge Mark Chambers led the pledges. 4. 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. Marvin Bonner of 53 Panorama Circle addressed the Council. 5. COUNCIL/STAFF REPORTS. Page 2 Regular Session October 6, 2003 Council and Staff updated the Council. 6. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING THE PRESIDING JUDGE, THE ALTERNATE PRESIDING JUDGES AND THE COURT CLERK FOR THE MUNICIPAL COURT OF RECORD NO. 1 IN THE TOWN OF TROPHY CLUB; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Council Member Edstrom moved to approve. Council Member Spence seconded; motion carried unanimously. Mayor Smith administered the "Oath of Office" to the judges, Mark Chambers and Eric Ransleben and the municipal court clerk, Barbara Allen. 7. TOWN COUNCIL TO DISCUSS REPEATED ELECTRICAL OUTAGES IN THE LAKES AREA. Randy Briggs explained that staff requested this agenda item to help reach resolution regarding the electrical outages in the Lakes area.. Jim Moss related the problems the residents were experiencing. Gyna Bivens, Area Manager for Oncor described the length of the feeder that serves the service problem area. Ms. Bivens introduced Debbie Lawrence, Analyst for Oncor. Two recorders have been installed in homes in the Lakes area to monitor outages. Ms. Bivens has given her personal contact information. Robert "Bob" Munroe of 16 Avalon Drive addressed the Council. 8. TOWN COUNCIL TO HEAR AN UPDATE ON DENTON COUNTY ISSUES AND DISCUSS SAME. Neil Twomey of H.A.R.M. (Homeowners Against Realignment and Manipulation) updated the Council that H.A.R.M. has met with Jim Carter and NISD. Ryder Scott, Attorney for Denton County will meet with residents on Wednesday of this week regarding the Denton/Tarrant border dispute and he invited residents Council and staff to attend. 9. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPOINTING TWO (2) CITIZENS TO TWO (2) SEATS ON THE PLANNING AND ZONING COMMISSION FOR A TWO (2) YEAR TERM EXPIRING ON JUNE 30, 2005; AND PROVIDING AN EFFECTIVE DATE. Gene Hill explained that the two candidates have been interviewed and the P& Z Commission requests the appointments. Mayor Pro Tem Member Foley moved to appoint Jim Moss and John Rodgers to the Planning and Zoning Commission to the current two-year term. Council Member Spence seconded; Prior to the call of the vote Council Member Edstrom Stated for the record: "I have reservations regarding Mr. Moss; clearly the Commission operates a little bit differently under very strict state guidelines versus a committee and just want to make sure that the representations that are made while he is on that Commission are accurate and any statements that are made and that any thing that is provided to the Council is provided in full to the entire Council." Motion carried unanimously. 10. 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. Page 3 Regular Session October 6, 2003 A. RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, TEXAS AND THE TOWN OF TROPHY CLUB, TEXAS, FOR THE PURPOSE OF PARTICIPATING IN THE CITY OF FORT WORTH'S HOUSEHOLD HAZARDOUS WASTE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. B AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS, A MUNICIPAL CORPORATION ("CUSTOMER"), AND ONCOR ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION ("COMPANY"), FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH FOR STREET LIGHTING SERVICE; AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. C. REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT. D. STANDARD MUTUAL AID POLICE PURSUIT POLICY AGREEMENT. E. RESOLUTION APPROVING THE TAX ROLL OF THE DENTON CENTRAL APPRAISAL DISTRICT. F. REGULAR SESSION MINUTES DATED SEPTEMBER 15, 2003. G. FINANCIALS DATED SEPTEMBER, 2003. Council Member Edstrom asked to remove minutes of F.September 15, 2003 for discussion. Diane Cockrell asked that the C. Mutual Aid Task Force Agreement and D. Mutual Aid Police Pursuit Policy Agreement be removed to return with agenda wording to include Resolutions to be passed. Mayor Pro Tem Foley moved to accept the A. Interlocal Agreement with Fort Worth for Household Hazardous Waste Program, B. Oncor Street Lighting Service Agreement, and the Resolution approving the E. Tax Roll of the Denton Central Appraisal District. Council Member Edstrom seconded; motion carried unanimously. Council Member Edstrom moved to "add" on page 85 to agenda item 7. regarding Levying the Tax Rate at the first of the third paragraph: "Mayor Smith asked Council Member Williams if he had a statement to make." (have the Town Secretary to review the tape and include the correct wording in this portion of the minutes) Council Member Matthai seconded the motion; the motion carried unanimously. The Council convened into Executive Session at 8:10 p.m. EXECUTIVE SESSION 11. EXECUTIVE SESSION: PURSUANT TO TEXAS GOVERNMENT CODE, ANNOTATED, SUBCHAPTER 551, SECTION 551.071(2) Consultation with Town 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: (A) LEGAL ADVICE RELATIVE TO GRANTS AND FUNDING 12. TOWN COUNCIL TO CLOSE EXECUTIVE SESSION. The Council closed the Executive Session at 8:51 p.m. 13. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION. The Council reconvened into regular session at 8:55 p.m. Page 4 Regular Session REGULAR SESSION 14. ADJOURN. Council Member Matthai moved to adjourn at 8:55 p.m. Council carried unanimously. ATTES Town Secretary, T wn of Trophy Club, Texas , Town of TRop riyA, October 6, 2003 Edstrom seconded; motion Club, Texas