Minutes TC 11/06/2006MINUTES OF WORK SESSlONlPUBLlC HEARING AND REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, November 6,2006
690 P.M.
STATE OF TEXAS 8
COUNTY OF DENTON 8
The Town Council of the Town of Trophy Club, Texas, met in a Work Session/Public Hearing and
Regular Session on Monday, November 6, 2006. The meeting was held within the boundaries of
the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders
Roger Williams
Pam Cates
Susan Edstrom
Philip Sterling
Gregory Lamont
STAFF AND GUEST(S) PRESENT:
Brandon Emmons
Lisa Ramsey
Patricia Adams
Sakura Moten-Dedrick
Beth Ann Gregory
Scott Kniffen
Danny Thomas
Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member
Council Member
Town Manager
Town Secretary
Town Attorney
Finance Director
Community Development Director
Police Chief
Fire Chief
A.l Mayor Sanders called the Regular Session to order at 6:35 P.M. noting a quorum was
present.
A.2 Work Session:
Discuss and review items posted to the November 6, 2006 Agenda, specifically ltem D.1.
Town Manager Emmons asked that the Council keep in mind local control when considering the
Franchise Agreement. Under the Town's existing cable franchise, the current payment of
3% of gross revenues can be raised to a maximum of 5% during the franchise terms.
State law would require paying a fee of 5% of gross revenues if the Town switched to a
statewide franchise. Emmons clarified the non-exclusive franchise, providing that
another cable company would need to lay their own infrastructure in the event one came
into the Town.
Mayor Pro Tem Williams and Council member Edstrom agree that the Town should keep local
control in order to protect the residents.
Fire Chief Thomas confirmed that Argyle fell under the Denton County Interlocal Agreement, ltem
B.2.
Mayor Sanders addressed ltem D.4. The handbook was originally established for Town
Committees and has been revised for Citizen Advisory groups with an effort to include
Elected Officials. Sanders said he is struggling with the wording and consistency
regarding Elected Officials throughout the handbook.
Mayor Pro Tem Williams requested the following sections be addressed; the Interview Process -
priority would be given to an existing member requesting reappointment, the language on
paged 189 under Standards of Conduct be strengthened and the page acknowledging
receipt of the Handbook should include that the member has also read the Handbook.
The Council discussed and determined that the Elected Officials as defined in the
Handbook does not include the MLlD Directors.
Council member Lamont questioned how a complaint would be submitted and who would
investigate the complaint.
A.3 Mayor Sanders gave the Invocation.
A.4 Council member Sterling led the Pledges.
A.5 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 concernirlg an
item not listed on the agenda. The Council will hear presentations on specific agenda
items prior to the Council addressing those items.
Police Sergeant Tony Simmons - In October, Trophy Club Law Enforcement Explorer Post 953
competed in the 2006 South Texas Law Enforcement Explorers Competition. The
competition was fierce with competitors from San Antonio, Longview, Lake Charles LA,
Corpus Christi and the Houston Criminal Justice High School. Post 953 brought home
First Place trophies for Best All Around Post, Top Dog, Robbery in Progress, 9-1-1
Disconnect with Critically Injured, Suspicious Person and Unknown Calls for Service,
Second Place for Best Team, Arrest Search and Seizure and Active Shooter and Third
Place for Felony Traffic. The Post has been invited to compete in Lake Charles, LA in
February and is currently seeking sponsors to fund the cost to send two teams estimated
at $2,100.00.
A.6 Discuss and take appropriate action regarding a Proclamation recognizing the 25th
Anniversary of the Trophy Club Women's Club.
Mayor Sanders explained the Proclamation will be presented at a reception on Wednesday night.
Motion made by Edstrom, seconded by Cates approving the Proclamation.
Motion passed unanimously without any discussion.
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.
Motion made by Sterling, seconded by Lamont to approve the Consent Agenda, Items B.l - B.3.
Motion passed unanimously without further discussion.
B.l Consent Agenda: Discuss and take appropriate action relative to an Ordinance amending
Article I, "Animals", Chapter 2 of the Code of Ordinances, entitled "Animal Control."
(Amending 2006-24)
B.2 Consent Agenda: Discuss and take appropriate action regarding a Resolution approving
1 an Interlocal Agreement for the Fire Protection and Ambulance with Denton County.
8.3 Consent Agenda: Discuss and take appropriate action to approve the August 21, 2006
Minutes.
End of Consent Agenda
TOWN COUNCIL TO CONVENED INTO PUBLIC HEARING AT 7:17 P.M.
PUBLIC HEARING
C.l Hold a public hearing regarding an amendment to Ordinance No. 2002-44 amending the
Cable Franchise with Charter Communications in order to allow an automatic three year
continuation of the term of the franchise agreement.
Mayor Sanders recognized Charter representative, Kevin Allen who was available for questions.
No one addressed council.
Public Hearing Closed at 7:18 P.M.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
D.l Discuss and take appropriate action regarding an Ordinance amending Ordinance No.
2002-44, the Cable Franchise Agreement with Charter Communications, in order to allow
an automatic continuation of the term of the franchise agreement.
Motion made by Williams, seconded by Lamont to approve.
Council member Sterling expressed his dissatisfaction with the Charter service he has personally
received over the past 14 months dealing with reception issues but believes that it is in
the best interest of the citizens to keep the fees low.
Kevin Allen from Charter said that the brief Internet interruptions have been resolved and that
Charter is addressing the customer service issues.
Mayor Sanders spoke to the citizen's complaints regarding Charter's poor service issues.
Although Mr. Allen has been very responsive in addressing escalated calls, with the
contract being extended the Mayor suggested that Mr. Allen come back with a Service
Manager to address field service questions.
Council member Lamont questioned what services are preformed at the local office. Mr. Allen
advised the local office acts as a payment center, performs equipment swap out and
even though dispatch is not one of their functions, issues may be reported at the local
office.
Passed unanimously.
D.2 Discuss and take appropriate action regarding a contract with Teague, Nall and Perkins
for planning services.
Town Manager Emmons explained the contract documents had not yet been finalized when the
Council awarded the contract for planning services to Teague, Nall and Perkins on
September 18, 2006. This item is the proposed Agreement between the Town and
Teague, Nall and Perkins.
Motion made by Edstrom, seconded by Cates to approve.
Motion passed unanimously
D. 3 Discuss and take appropriate action regarding an Ordinance authorizing and approving
the terms and conditions of a note as well as the specified lender for the Harmony Park
reconstruction and improvement loan with the payments being funded by EDC 4A.
Town Manager Emmons provided this item authorizes and approves the terms of the note EDC
4A came before the Town Council proposing 7 items for improvement at Harmony Park.
Of the 7 items, Council approved the first four and requested additional research on the
others. EDC 4A.has since passed a Resolution pledging financing in the form of a note
not to exceed $480,000 at a secured 4.5% interest rate.
Motion made by Edstrom, seconded by Williams to approve.
Mayor Pro Tem Williams questioned if the Service Contract was sufficient to hold the EDCs to the
payment and is concerned about accepting a commitment without a signed document.
Town Attorney Adams confirmed the EDC 4B President had not yet signed the
Resolution, however both the Resolution and Agreement had been approved by the
EDCs.
Council member Edstrom commented to the lack of trust, encouraging that the back and forth
stop. The Council controls the EDC budgets and if EDC agreed to pay, they will pay.
Mayor Sanders said the Town will be issuing bonds for the PID and questioned staffs concern
about the debt ratios, as the note will be in the Town's name. Town Manager Emmons is
not concerned about a negative rating
Council member Cates asked how staff settled on First Financial. Town Manager Emmons
responded out of the three proposals, First Financial had the best rate.
Motion passed unanimously without further discussion.
D. 4 Discuss and take appropriate action regarding a Resolution repealing Resolution No.
2001-01 and adopting the Municipality of Trophy Club Handbook for Elected and
Appointed Officials.
Mayor Sanders introduced this item as a work in progress and spoke to the many changes from
Town Committees to Advisory Groups and the inclusion of Elected Officials.
Motion made by Williams, seconded by Lamont to approve.
Mayor Pro Tem Williams commented the definition under Conflicts of Interest is textbook and
questioned how perception could be addressed. Council member Lamont suggested a
time limit for a person to recuse them self once a conflict is identified.
Motion to amend made by Sterling, seconded by Cates to delete the following from page 176 of
the packet, under Interview Process, At the end of a term, the Council will give members
who have successfully served their Board and desire to continue to serve, first priority of
reappointment.
Motion to amend passed unanimously.
Motion to amend made by Williams, seconded by Lamont to eliminate, At the end of a term, the
Council will give members who have successfully served their Board and desire to
continue to serve, first priority of reappointment, from page 177 and any other place
included in the Handbook.
) Motion to amend passed unanimously.
Council member Edstrom is concerned about questioning a person's perception as a conflict of
interest.
Motion to amend made by Williams, seconded by Cates to add perception to the Conflict of
Interest section.
Council member Cates commented to the clause for CPAs that they be independent. Mayor
Sanders experienced the issue of perception with the recent zoning request. The
perception questioned Council's preference due to speculated financial benefit. Sanders
concluded perception is difficult to measure.
Mayor Pro Tem Williams agrees with the CPA clause defining conflict as an independent person,
not dealing in self-interest. Council member Sterling agrees in theory but likes the
current wording. Just like the situations with the Federal Tax Law there is case law and
precedents established due to gray areas.
Motion to amend this section died for lack of a second.
Mayor Sanders said the Charter is very vague regarding discipline and is hard to impose one's
definition of conflict on another. The Body can discipline themselves, but questions if the
Body can keep a duly elected official from voting.
Council directed Town Manager Emmons and Town Attorney Adams research this and report
back to the Council.
Motion to amend made by Williams, seconded by Edstrom to correct the numbering on page 189
under Standards of Conduct for Appointed and Elected Official and change the wording
under # 3 as follows; Officials will not use inappropriate language, will refrain from
personal attacks and will refrain from verbal abuse of other Officials, staff members or
members of the public.
Council member Cates mentioned the laws regarding a Hostile Work Environment and suggested
the Elected Officials be cognizant of their language as not to offend the employees.
Motion to amend passed unanimously.
Council member Edstrom spoke to the misunderstandings following the last appointment process
when Council did not appoint a member who was recommended by the Chair. Edstrom
suggested language be added clarifying the Council is not bound to the Chair's
recommendation.
Motion to amend made by Edstrom, seconded by Williams to correct the clerical error on paged
176, changing their to there and to add The recommendation from the Board is advisory,
and Council shall make the final determination regarding appointment after the second
sentence and to all interview processes.
Motion to amend passed unanimously.
Mayor Sanders commented there were not enough applications submitted to fill all of the open
seats during the last appointment process and recommended this be addressed under
the Application Process.
Council member Lamont recommended adding a section outlining a complaint process. Town
Attorney Adams suggested the Council consider an Ethics Ordinance to implement a
complaint process. Council directed staff to work on an Ethics Ordinance.
Motion to amend made by Williams, seconded by Sterling to consolidate the Parks and
Recreation Board to have the same expiration terms as the other Boards.
Motion to amend passed unanimously.
Council member Edstrom corrected the new terms will be in October not November as indicated
on page 177.
Motion to amend made by Williams, seconded by Cates to add reading to the acknowledgement
section on page 172.
Motion to amend made by Sterling requesting this section read, I acknowledge receiving and
agree to comply with the policies set forth. Both the mover and second agreed.
Motion to amend passed unanimously.
Motion made by Williams, seconded by Edstrom to refer with the amendments for one month
Motion to refer passed unanimously.
D.5 Discuss and provide input regarding an ordinance levying a tax on the occupancy of hotel
rooms as allowed by State law.
Town Manager Emmons explained this item for discussion only. The Ordinance assesses room
tax with the maximum allowable amount at 7%. The use of these funds is addressed
under Section 7 and the intent is to expend the funds to promote tourism.
Mayor Pro Tem Williams confirmed taxes could be used for the 4Ih of July and Arbor Day Events
and questioned usage for the Year End Review. Town Manager Emmons responded to
the limitations on the amount that can be used, advising the promotions and advertising
needs to attract tourists.
Mayor Sanders requested Town Manager Emmons provide the percentage being used by
surrounding municipalities.
Council member Lamont questioned a state law in reference to transient stays as mentioned on
page 194.
No action was taken.
D.6 Discuss and take appropriate action to approve the October 10, 2006 Minutes.
Motion made by Sterling, seconded by Lamont to approve.
Motion carried 4:0:1, with Edstrom abstaining.
D.7 Discuss and take appropriate action to approve the October 22, 2006 Minutes.
Motion made by Edstrom, seconded by Williams to approve.
Motion carried 4:0:1, with Sterling abstaining.
D.8 Presentation of budget variance report and year-end summary report and discussion of
same.
Town Manager Emmons explained the disproportionate items due to the amount of revenues that
were not adequately displayed in the budget. Community Development had special
projects the Council authorized that were funded by GASB, but showed up as
expenditures, therefore, Community Development came within budget. Emmons taking
into consideration these items and the new roof in the Police Department the
administration of the budget was not as bad as it appears on paper.
Emmons would like to remove GASB out of the operating funds and create a separate account in
order to accurately track what is being spent.
Emmons advised items had been incorrectly coded to police vehicle maintenance that should
have been coded to Marshall Creek.
Mayor Sanders complimented Town Manager Emmons and staff for the detailed information and
also recognized that Chief Kniffen had not been working for the Town during the time
most of the issues occurred. Sanders suggested that rather than include new items
under an existing line item a new line item be created to alleviate questions after the fact
and requested a review of the age of the current Police vehicles.
Council member Cates commented the expenditures show significant amount of work being
preformed on the Ford vehicles, even the one still under warranty.
Council member Lamont requested a memo notifying them of items that are moved from one
department to another at the time it occurs.
Mayor Sanders said the Council receives a monthly finance report and should email the Finance
Department with their questions and the staff should anticipate the questions.
Mayor Pro Tem Williams said the information provided was great and the Town Council needs to
look at the Independent Labor line as it has always been high as well as the vehicle
maintenance line.
Council member Lamont questioned the difficulty in creating the variance report. Finance
Director, Sakura Moten-Dedrick said she would provide the report monthly.
D.9 Discuss and take appropriate action establishing the process to evaluate and administer
performance reviews for Town Council appointed positions, specifically as it relates to the
Town Manager duties, goals and objectives for the ninety (90) day evaluation.
Mayor Sanders explained it was indicated during the interview process and included in the offer
letter that Town Manager Emmons would receive a review and be eligible for a salary
increase, which was budgeted at $8,300.00. The intent is for Council to conduct the
review at the November 20th meeting, reviewing the goals and objectives identified on
June 19, 2006 at his ninety (90) day evaluation. Sanders complimented Emmons on his
skillful conduct in dealing with the MUD Directors, which was not on his list of things to
accomplish and encouraged the Council to also look for areas to compliment Emmons on
as well as improve. Sanders asked the Council what process they wanted to use to
evaluate and that the review could be held in Executive Session.
Town Manager Emmons' preference is for the review to be conducted in Open Session as it
holds him to a higher standard. Emmons mentioned the item tonight is to prepare the
Council for the review.
Mayor Sanders asked for review templates. Council member Sterling requested Emmons
provided another list of goal and objectives on November 2oth.
Mayor Pro Tem Williams would like to see assessments from Emmons' direct reports. Council
member Lamont disagreed and does not believe that under links should dictate a
supervisor's performance. Council member Edstrom provided staffs assessment of a
supervisor is normal practice with 360 Reviews and happens frequently is big
organizations.
Mayor Sanders does not see a problem requesting input from his direct reports, they can quantify
on a scale from 1 - 5 and can also remain anonymous. Sanders strongly encouraged
staff speak to Emmons about any negatives.
D.10 Town Manager Emmons to designate an Acting Town Manager.
Town Manager Emmons designated Lisa Ramsey and advised the Council his intent to rotate
quarterly. The purpose of this designation is to provide a valuable learning tool and help
those serving in this capacity gain authority from the designation.
D.ll Items for Future Agenda.
Discuss evaluation / performance review of Town Manager Emmons. (1 1/20)
Consideration of enactment of HotelIMotel Tax.
Review of Advisory Groups Committees Policies.
Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
Review of Property Maintenance Ordinance.
Discuss and take appropriate action regarding an Ordinance amending Chapter 14
entitled "Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway
Design" of the Code of Ordinances of the Town.
Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XI1
Standards for the Repair, Removal or Demolition of Substandard Buildings and
establishing Building Standards Commission for the Town.
Discussion about storm water discharge from pools.
Discuss and take appropriate action regarding a policy for accepting gifts.
Discussion of drainage ditch that runs between Village Tra~l and Lakeshore Drive and
consideration of improvements for area to create a linear park.
Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign
Regulations", Chapter 5 of the Code of Ordinances, entitled "General Land Use", by
amending Sections 4.05. (relative to political signs and quantity per commercial lot.)
Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an
Ordinance establishing the Town's Emergency Management System.
Mayor Pro Tem Williams requested the issue of the Council members who were appointed as
voting members to the EDCs be reviewed and changed to make them staff liaisons.
D.12 Reports. 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.
(A) Town Council calendar of events and activity reports.
(a) Update from Council Representative Edstrom on EDC 4A.
(b) Update from Council Representative Sterling on EDC 4B.
(c) Update from Mayor Sanders on TML Annual Conference.
(B) Town Iblanager's Report.
Council member Edstrom advised that several members of the EDC 4A Board were upset that
the Staff Liaison did not inform them of the Council appointment but rather heard it when
she showed up to a meeting. Edstrom believes the Staff Liaisons need to work with them
on their discord in this group in order to build trust.
Mayor Pro Tem Williams' opinion is that the Chairman of each Board and/or Committee should be
at the Council meeting when an appointment is made and also responsible for relating
this information back to the Board.
Council member Sterling reported the consensus of EDC 4B is a wait and see approach to see
what develops in Councils strategic planning session. There have been discussions on
seeking a partnership with an urban planning project which would allow the group to work
with others outside the Town's demographics. EDC 4B President, James Hicks
announced the Buxton Group would be making a presentation at the November ~3'~
meeting.
Mayor Sanders attended the TML conference, which many city's Counc~l attend and believes the
information provided at the conference is beneficial and very helpful. Sanders mentioned the
EDC Summit Convention in NE Texas and encouraged anyone interested in attending check with
Sally Michalak at the Chamber.
E.l Adjourn.
Motion made by Edstrom, seconded by Williams to adjourn.
Meeting adjourned at 9:45 P.M.
' The Town Council may convene into executive session to discuss posted items as allowed by
the Texas Open Meeting Act, LGC.551.071
Y&YS&&--
Nick Sanders, Mayor
Town of ~robh~ Club, Texas Town of Trophy ~iub, Texas