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Minutes TC 11/21/2005MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL.DRIVE, TROPHY CLUB, TEXAS Monday, November 21,2005 7:00 P.M. STATE OF TEXAS 0 COUNTY OF DENTON 9 The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, November 21, 2005. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Pam Cates Susan Edstrom Roger William Beverly Foley Mayor Mayor Pro Tem Council Member Council Member Council Member TOWN COUNCIL MEMBERS ABSENT: Scott Spence Council Member STAFF AND GUEST@) PRESENT: Roger Unger Lisa Ramsey Beth Ann Gregory Patricia Adams Mike Pastor Adam Adams Randy Briggs Assistant Town ManagerFinance Director Town Secretary Community Development Manager Town Attorney IS Manager Parks and Recreation Director Police and Fire Services Director A.l Call to order and announce a quorum. Mayor Sanders called the Regular Session to order at 7:01 p.m. noting a quorum was present. A.2 Invocation. Assistant Town ManagerFinance Director, Roger Unger gave the invocation. A.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." Town Secretary, Lisa Ramsey led the pledges. .1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no action taken regarding any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. Administration: - Thanksgiving: The Town Offices will be closed on November 24th and 25th. - Retirement Reception: In honor of Town Manager, Donna Welsh a reception been scheduled for December 5th from 6:00 - 7:00 P.M. Residents welcome to come and congratulate Donna on her retirement. - Blood Drive: - The Town along with Carter Bloodcare will be hosting a Holiday Blood Drive on December 20~. More information is available on our website. Community Development: - Road Construction: We are pleased to report that Indian Creek and Shields CourtDrive are substantially complete an open to traffic a month ahead of schedule. The contractors will be addressing punch list items over the next several weeks. Texas U-Turns on Precinct Line and Hwy 114 are now open. - Building Addition: The building addition is progressing on schedule with a completion date of March 31St. Additional parking will be poured and opened for public use in the next few weeks. - Parks and Recreation - Creation of a P & R Board: Parks and Recreation staff along with the advisory group has gathered language from several other cities to explore the possibility of becoming a board. The results and recommendations of both staff and the advisory group will be brought before council at the December 5th meeting for their consideration. - Marshall Creek: Phase one of a new picnic area located in Marshall Creek Park was opened in conjunction with the Women's Garden Club on 11/18. This will provide a needed alternate reservation location, as the pavilion at Harmony Park is being consistently reserved. The area in Marshall Creek Park is a scenic location that backs up against a growing trail network providing families with alternate forms of outdoor recreation. - Holiday ~estivities Update: This year, various entities are joining to create holiday cheer and encouraging residents to bring the spirit of Christmas to their homes. Additional information and event entry applications available at: www.ci.trophyclub.tx.us. Saturdav, December 31~ 3:00 p.m. Gingerbread House Contest Sponsor: Trophy Club Women's Club Entries from an individual or group will be accepted at Tom Thumb. The judging will start at l:00 p.m. 6:20 p.m. Holiday Parade Starts - Free to the public. Entries will be recognized in Best of Show, Honorable Mention and Spirit Award. 7:00 p.m. Holiday Clock Tower and Tree Lighting; Christmas Caroling Co-sponsor: Fellowship United Methodist Church 8:00 p.m. Holiday Delights Cookies, Cider and Pictures with Santa Co-sponsors: Trophy Club Executive Suites, Lakeview Elementary Choir and Church at Trophy Lakes. Sundav, December 4" 5:00 - 8:00 p.m. Holiday Lights and Delights Sponsor: Trophy Club Women's Club 6:00 p.m. Holiday Yard Decorating Contest Judging Sponsor: Town of Trophy Club - Entries will be recognized in each of the following categories of Best Theme, Best Use of Lights, Best Neighborhoods-Small and Best Neighborhoods-Large. 8:00 p.m. to 9:30 p.m. Tour of Homes Dessert Reception and Silent Auction Sponsor: Trophy Club Women's Club Location: Trophy Club Country Club, 500 Trophy Club Drive. Tickets are needed for the reception. Adults only, please. Tickets available at Tom Thumb. Planning & Zoning - Planning and Zoning Submissions: Horton's zoning application has been set for agenda with the Planning & Zoning Workshop Session: November 28th at 7pm Public Hearing: December 8th at 7pm Police and Fire Services - Fire Services successfully hosted the State Qualifications Certified Pump Operator for 5 different agencies. Trophy Club DPS personnel had 100% passing of the exam and 98% of the overall class passed the exam. - The department is exploring an equipment grant from the US Department of Homeland Security, Commercial Equipment Direct Assistance Program (CEDAP), to replace our 20-year-old extrication tools. - Police Services is in the process of developing a job description and training class for the opening of a Part-time School Crossing Guard. The target date of hire is after the holidays. - The department is continuing to establish a survey to be sent out to the citizens on services provided by DPS. B.2 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. Larry Tatarowicz, 217 Fresh Meadow Drive - Expressed his frustration over the decline of his property value and encouraged the Council to consider development similar to the commercial development in Westlake and Southlake. Mr. Tatarowicz commented that the Town has a wonderful website, however, he would like to see the ordinances online as well. TOWN COUNCIL TO CONVENE INTO REGULAR SESSION *REGULAR SESSION D.l Discuss and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building. Director Briggs explained that Captain Joel McKinney of the Texas Highway Patrol contacted him explaining that they were looking for housing facilities in order to bring additional Troopers into Denton County. Director Briggs advised Council that he would like to provide two offices at a zero cost lease and in lieu of valuable accident training our DPS will receive. Council member Edstrom made a motion to approve; Council member Foley seconded the motion. The floor was opened for discussion. Council member Williams' questioned the length of the contract, which was confirmed as one year, effective January IS', 2005. Action passed unanimously, without further discussion. D.2 Discuss and take appropriate action regarding the establishment of a NISD Task Force, appointing candidates to the Task Force, and approval of the Task Force mission and goals. A. Discuss and receive recommendation andor nominations for appointment to the NISD Task Force. B. Discuss and take appropriate action approving a Resolution appointing candidates to the NISD Task Force. C. Discuss and take appropriate action for approval of the Task Force mission and goals. Mayor Sander thought it appropriate to first take action on C. Council member Edstrom moved to approve the mission statement and goals as included in the packet; Council member Williams seconded. The floor was opened for discussion. Council member Edstrom expressed her appreciation to staff for the development of the mission statement and added that this will provide residents who are interested in serving, an understanding of what is expected from this Task Force. Council member Williams commented that this is a good first step. Action approving the mission statement and goals passed unanimously, without further discussion. Mayor Sanders noted that not all of the candidates were able to attend the meeting and read the names of all of the applicants. The candidates who were present were introduced. Mayor Sanders mentioned that candidate, Trish Neitzel, has since withdrawn her application. Mayor Sanders informed Council that a motion could be moved to approve the Resolution filling in the names of the applicants selected to the Task Force or that Council could make nominations and then vote. Mayor Sanders told Council that he had been informed that some residents were reluctant to apply due to their hesitancy of having to appear before Council. Council member Williams believes that all who expressed an interest should have an input and suggested that Beth Ann Gregory, Community Development Director meet with all candidates and form sub groups. Council member Foley agreed that all applicants should be used. Council member Edstrom objected that Matthew Graham and Rebecca Shuman, who currently serve as EDC members, be allowed as Task Force members, but suggested that they serve as liaison's due to potential conflicts. Mayor Sanders reminded Council that one of the candidates, Gary MacDiarmid, is not a Trophy Club Resident. Council member Foley stated that all candidates, but Mr. MacDiarmid be selected to the Task Force Council member Williams made a motion to set up a Task Force of nine, nominated and elected Marc Bartels, Eric Cox, Bree Diller, Wendy Hill, Tony Shuman, John Seale, Glen Strother, Mark Venator, and Kathleen Wilson as its representative members and Beth Ann Gregory as the Staff Liaison; Council member Edstrom seconded. Action passed unanimously, without further discussion. D.3 Discuss and take appropriate action by Resolution, casting all of its allocated votes (16) for a candidate or candidates to serve as a member of the Denton Central Appraisal District Board of Directors. Mayor Sanders reminded Council that Pearl Ford, Bob Radder and Patrick Carr had all three been nominated at a previous meeting. Mayor Sanders also advised that Mr. Carr is currently serving on the DCAD Appraisal Review Board and is eligible to serve one more term on that Board. Mr. Carr has expressed that his preference would be to finish his third-two year term on the Appraisal Review Board, prior to being nominated to the BOD. Council Member Williams commented that his understanding is that the person with the most votes will be elected to serve on the Board of Directors and made a motion to allocate all 16 votes for Pearl Ford; Council member Foley seconded the motion. Action passed unanimously, without any discussion. D.4 Discuss and take appropriate action to authorize ECD4A to fund $4984 which is 50% of the total amount needed to replace and repair fencing on ball fields #4 and #2 at Beck Park with the other 50% being funded by the Baseball Association. Council member Edstrom made a motion to approve; Mayor Pro Tem Cates seconded the motion. Adam Adams, Parks and Recreation Director commented that this is a good move that needs to be done. Council Edstrom added that is needs to be done before next season. Action passed unanimously, without any discussion. D.5 Discuss and take appropriate action to spend $3,900 from the Court Technology Fund to purchase new Court technology that provides a new report application and Citation Management Interface. Council member Williams made a motion to approve; Council member Edstrom seconded. The floor was opened for discussion. Mike Pastor, IS Manager advised that the support we would receive with this application would increase efficiency. Mayor Sanders questioned the cost for annual maintenance, to which Mr. Pastor clarified is included in initial cost. Council member Williams questioned if this cost is included in the Court Budget or if there is a technology budget within the Court Budget? Roger Unger advised that Court Technology Fund is a fund generated by fees that are applied to each ticket and that the State mandates that Council approve expenditures from these two funds. Mike Pastor answered that there is an approximate balance of $7,000.00 remaining in the Court Technology Fund, as questioned by Mayor Sanders. Action passed unanimously, without further discussion. D.6 Discuss and take appropriate action establishing the process to evaluate and administer performance reviews for the Town Manager, Town Attorney and Town Secretary. Mayor Sanders explained that according to the Charter, these three positions now report to the Council who is responsible for these employees' reviews. Mayor Sanders also acknowledged the complexity of Lisa Ramsey's position as Town Secretary and Human Resources Manager. Mayor Sanders asked the Council how they would like to proceed in fulfilling their duties related to these positions. Mayor Pro Tem Cates questions if there is an established time line, concluding that it is apparent that these positions have not been reviewed for quite some time. Roger Unger clarified that merit increases and reviews are conducted in April. Council Member Edstrom suggested that Lisa Ramsey and Town Attorney, Patricia Adams first complete the self-evaluation and have it to Council by the end of January so that they may be reviewed in executive session. Council member Williams asked if there are performance objectives for these positions. Roger Unger clarified that we have job descriptions and also added that Lisa Ramsey has completed her self-evaluation, which he reviewed with Donna Welsh and Walter Fitzpatrick and would forward to the Council. Mayor Sanders spoke to the reality of Council actually evaluating these positions. Due to the nature of these jobs, providing support to staff and residents, that Council would be unable to attest to the employee's punctuality or their ability to deal with co-workers. Mayor Sander included that Council input would be on how these positions perfom their duties as related to the Council. Mayor Sanders stated that he and Council member Foley discussed this issue and how Council had previously attempted to review the staff. Council member Foley questioned if the Mayor had reviewed the form that she provided him? The Mayor answered yes and that he was actually referring to the lack of participation from all members of Council when this task was previously attempted. Council member Williams suggested that these employees first provide their objectives and goals to Council and then the Council would jointly review before the end of January. Council member Williams contended with Roger Unger that if Council first reviews the employee's self-evaluation, it might color their view as they begin to evaluate the employee's performance. Roger Unger explained that it is appropriate to elaborate on specific criteria of the evaluation when warranted, rather than just indicating whether the employee meets or exceeds expectations. Mayor Pro Tem Cates mentioned that teamwork is very important in these positions and suggested peer review from other members of staff. Council member Foley agreed to compare the Town's current evaluation form, as provided in the packet, to the form she previously forwarded to the Mayor, and then forward to the Council for review. Completion of this task is scheduled for January. Mayor Sanders confirmed that these employees are to continue with their self-evaluation and that Council will begin to work on the employees' evaluations so that these employees may receive a performance evaluation by Council. D.7 Items for Future Agenda. 1. Long term capital project list, projected fiscal impact and surveys for resident input on potential projects. 2. Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek. 3. Status of street repairs and bonds, including recommendation. 4. Public Safety Advisory Group researching ways to handle the garage sale traffic. 5. Discuss and take appropriate action regarding amendment to the Schedule of Fees 2005-20 Ordinance to include possible inclusion on Recreational User Fees. (January 23rd, 2006) 6. Discuss and take appropriate action regarding awarurejection of landscaping bids for Indian Creek medians as part of street construction process. (December 5,2005) 7. Discuss and take appropriate action regarding amendments to the restrictions on apartment ordinance. (January) 8. Discuss and take appropriate action regarding amendments to the restrictions of Ordinance 2004-17, regulations and operation of motor assisted scooters. (December 5,2005) 9. Discuss and receive Council direction regarding the Year in Review publication. (December 5,2005) D.8 Discuss and take appropriate action to reschedule or cancel Regular Town Council meetings for December 19th, 2005 and January 2,2005. Council member Williams made a motion to cancel the December 19" meeting, reschedule the January 2"d meeting to January 9Lh and the January 16" meeting to January 231d; Mayor Pro Tem Cates seconded the motion. The floor was opened for discussion. Council member Edstrom requested that if it looks as if anything is going to happen with DR Horton, she would rather it not scheduled on the agenda for the odd meeting, if there is going to be discussion, the residents will have an opportunity to attend the meeting; Council member Williams concurred. Action passed unanimously. Mayor Sanders requested that this information be added to the website as soon so that all residents will be updated. D.9 Informational Only - Additional Information for Council as provided by the Department of Police and Fire Services. 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. D.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, November 7,2005. D. 11 Consent agenda: Discuss and take appropriate action to approve financials dated October 2005. D.12 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving an Interlocal Agreement for the Fire Protection, Fire Rescue and First Response for the EMS with the Tarrant County Emergency Service District No. One. D.13 Consent Agenda: Discuss and take appropriate action regarding a Resolution authorizing the Town Manager or their designee to serve as the Town's representative for the Cities Aggregate Power Project (CAPP). Council member Edstrom made a motion to pass the Consent Agenda, Items D.10 - D.13; Council member Williams seconded the motion. Action passed unanimously, without any discussion. TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION EXECUTIVE SESSION Town Council convened into Executive Session at 8:16 p.m. E. 1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act and for Consultation with the 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 (3551.071 (b)). (1) Retirement of Town Manager Donna Welsh, the filling of the Town Manager vacancy, the appointment of an Interim Town Manager, and any related reassignment or duty changes for Finance Department personnel. TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION "REGULAR SESSION E.2 Discuss and take appropriate action to fill the Town ~anker vacancy resulting from the retirement of Donna Welsh, appointment of Interim Town Manager, and staffing changes related to existing shared Finance Director and any related reassignment or duty changes for Finance Department personnel. Council member Cates moved to name Roger Unger as Interim Town Manager, in order to provided the Council the time to do due its due diligence, and in addition, determine the merits of converting this position to a contract; Council member Williams seconded the motion. The floor was opened for discussion. ' Council member Edstrom thought it important to note, that the Council needs to make sure that the Town continues to run smoothly and felt that the Council would be negligent if they did not ensure that due diligence was performed. She continued that the due diligence necessary, is to review the current talent pool and ensure that Council find the best person to fill this vacancy; one who can take the Town to the next level, while also considering other options to salary this position to the Town's advantage. Council member Williams advised that it is common for this position to be a contract position in other municipalities and that it might take some time for this Council to explore conversion of this position, which is the major reason for naming Mr. Unger as Interim Town Manager. Mayor Sanders called for the vote to name Roger Unger as Interim Town Manager, in order to provided the Council the time to do due its due diligence and in addition determine the merits of converting this position to a contract. Vote passed unanimously. Mayor Sanders expressed to Mr. Unger that part of Council is very much in support of him as Town Manager and with the job that he has been doing as Assistant Town Manager. Mayor Sanders commented that a contract is something that other cities are doing and that this is an option that Council needs to consider, and is not a reflection upon Mr. Unger. Roger Unger questioned his authority level in respect to making necessary decisions involving realignment of staff and salary adjustments. Council member Foley stated that her interpretation is that the Interim has all the authority and function of the Town Manager. Council member Williams believe that in the Interim capacity, Mr. Unger has all the powers of the Town Manager. Mayor Sanders clarified powers as; hire, terminate, merit increases, personnel changes and realignment of duties. Council member Edstrom expressed concern, explaining that if these are things that have to be done, she would prefer not see sweeping personnel changes until the Council sees the direction that they are taking with their due diligence. Council member Williams advised that he is aware of two personnel changes Mr. Unger would like to implement and that he is totally in favor of these changes. Council member Williams suggested that if there is anything out of the ordinary, Mr. Unger inform the Council. Mr. Unger questioned if he was still the Town's Finance Director Mayor Sanders answered that this is not a question that could be decided without the MUDs, and that there has been discussion about the Finance Director being a shared position. Mr. Unger expressed disappointment that he was not allowed the opportunity to address the Council in executive session. Mr. Unger stated that the Council has now put him in a position of having to negotiate a WatertWastewater Service contract with the MUDs, due to his obligation to represent both the Town and the MUDs as adequately as he did in his position of Finance Director. Council member Williams positioned that Mr. Unger is no longer the Finance Director and that he has no objection to Mr. Unger making Sakura the MUD Budget Director, if that is what he is contemplating. Mr. Unger questioned that if he makes this change, is he then out of work in three months if the Council decides to hire someone else as Town Manger. Mayor Pro Tem Cates stated that as the Acting Town Managerhnterim Town Manager, Mr. Unger has the authority to make the necessary changes to prove to the Council that he is able to move the Town forward. She continued to say that Mr. Unger should take this time to show the Council what he is capable of while they do their due diligence. Mayor Sanders answered Mr. Unger's question that staff was directed to post the opening to TML's website, but that no authorization was given to hire a firm to conduct a search. Mayor Sanders concluded that Mr. Unger is the Interim Town Manager and that Council is evaluating the position of Town Manager in respect to an employment contract. Council member Williams followed that the major question needing answered, was if Mr. Unger would accept this position if offered as a contract position. Mr. Unger answered that it would depend on the terms of the contract. Council member Foley reassured Mr. Unger that the terms are what Council needs to determine, as well as goals and objectives for this position. Mr. Unger said that he has no objection to a contract and that normally the City Manager pushes for a contract and that is seems strange that it is the Council who is pushing for a contract in this situation. Mr. Unger asked for clarification of the level of authority granted by Council in his Interim capacity, as he feels that he is receiving mixed messages; one Council member advised that he show them what he can do, and another not sure that he should do anything in the interim. Mayor Sanders explained that there are employment/personnel laws that need to be reviewed prior to converting a full-time employee into a contract employee. Council member Williams confirmed that the Council considers Mr. Unger to have the full authority of the Town Manager and would expect him to implement any changes that would be in the best interest for the Town. Council member Williams added that Mr. Unger's position is no longer equally funded by the MUDs.. Mr. Unger admitted his fear, that he is not the Town Manager, he not the Finance Director and that he could be nothing in six months. Town Attorney, Patricia Adams simplified to Mr. Unger that this is just a shift of duties. Mr. Unger proposed that if he were the Town Manager, there would be no need to fill the Finance Director position anytime in the future. Mayor Sanders advised that due to the Finance Director position being equally funded by the MUDs, the Council felt it best, not to actually appoint Mr. Unger as the Town Manager, but rather as the Interim until such logistics could be worked out with the MUDs. Mr. Unger explained that he had already spoken with three MUD Directors about the potential alteration of duties already suggested to the Finance Department; change Sakura Moten-Dedrick, from a Financial Analyst, currently funded 100% by the Town, to a Budget Officer to be equally funded by the Town and MUDs, and simultaneously change a position that is currently funded by both the Town and the MUDS to a Town only funded position, as this position does little to support the MUDs. The approximate net saving with these two changes would be $67,000.00 to both the Town and the MUDs. Mayor Sanded asked Mr. Unger if there was anything else he wished to tell Council. Mr. Unger said that had he had the opportunity to address Council, he would have stated, just as he had in the individual conversations with the Council members, that he truly wants this position and that he is confident in his ability to do the job. Mr. Unger expressed concern about having to possibly train and bring a new Town Manger up to speed, while maintaining his other job responsibilities. Mr. Unger also spoke from the financial standpoint; that with the retirement package provided to Donna Welsh, there are no funds available to pay a Town manager until June. Council member Williams made a motion to reconsider the motion; Council member Foley seconded the motion. Mayor Pro Tem Cates reiterated that it is Council'sresponsibility to perform due diligence in respect to the position. Council member Edstrom agreed stating that the Town has had only one Town Manager in 20 years and that they would be neglectful if they did not see what the talent pool is. Mayor Pro Tem Cates added, that she does not think that the results will be different, but that she believes that this needs to be done. Mayor Sanders explained that if the vote to reconsider passed, this item would be back on the floor and a new motion could be made to Item E.2. Mayor Sanders called for for the vote. Vote tied 2:2, with Mayor Pro Tem Cates and Council member Edstrom voting against. Mayor Sanders called for the vote for the second time. Vote tied again, 2:2, with Mayor Pro Tem Cates and Council member Edstrom voting against. Motion failed 2:2:l,upon the third vote, with Mayor Pro Tern Cates and Council member Edstrom voting against and with the Mayor abstaining. Patricia Adams confirmed that according to parliamentary procedure, motion to reconsider requires a majority vote. F.l Adjourn. Council member Edstrom made a motion to adjourn; Council member Williams seconded the motion. Action passed unanimously, meeting adjourned at 10: 16 p.m. V ~iga Ramsey, Town ~ecretarj Mayor Nick Sanders