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Minutes TC 01/18/2010MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, January 18, 2010 5:.00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, January 18, 2010. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Susan Edstrom Council Member Philip Sterling Council Member Kathleen Wilson Council Member Bill Rose Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Kathy DuBose Finance Director Adam Adams Parks Director Mayor White announced the date of January 18, 2010, called to order and announced a quorum at 5:00 P.M. 1. 2010-11-T Consider and take appropriate action establishing goals and objectives for FY 2010- 11. The Council identified the following Initial Goals and Objectives: Goal #1: Be a Community where people feel safe and secure Objective: Maintain Trophy Club's low crime rate Objective: Increase positive visibility/community policing initiatives Objective: Provide Superior Emergency Medical Services Goal #2: Promote Economic Development Objective: Execute sustainable economic initiatives Objective: Maintain and grow commercial opportunities Objective: Create effective working relationships with private sector Goal #3: A healthy and inclusive community with involved, caring residents Objective: Create a respectful relationship with Town Officials, residents and staff Objective: Faster a well informed community Goal #4: Forge cooperative relationships with other governmental/public entities Objective: shared vision Goal #5: A community in which the infrastructure supports its residents Objective: Develop a realistic Capital Improvement Plan Objective: Goal #6 Build a premier parks system Objective: Maintain high level quality of service Objective: Attract visitors to park destinations Objective: Provide necessary resources to maintain new improvements Goal #7: Clean and Well Kept Objective: Maintain current level of service Objective: The Town Council will meet in a Special Session, Thursday, January 21, 2010 at 5.00 p.m. to continue discussion of this item. Workshop ended at 7:00 p.m. The Invocation was offered by Park Director Adam Adams. The Pledges were led by Fire Chief Danny Thomas. CITIZEN PRESENTATIONS: No citizens addressed the Council. REGULAR SESSION (7:00 P.M.) 2. 2010-17-T Consider and take appropriate action regarding tate potential addition of alternative options to Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools" to amend section 15.04 (i) "Draining of Swimming Pools" relative to Diatomaceous Earth. Mayor White stated that there was an error in the posting of this Item and Staff has requested to bring it back at the February 1, 2010 meeting. Mayor White moved up Item #4. 4. 2010-32-T Consider and take appropriate action regarding the National Endowment of the Arts' Big Read Grant Program. Mayor White introduced Jennifer McAlister, 4H Administrator and Deandra Trussel. Town Council Minutes dated January 18, 2010 2 Ms. McAlister explained that Big Read is a program of the National Endowment for the Arts in partnership with the Institute of Museum and Library Services and in cooperation with Arts Midwest designed to revitalize the role of literature in American culture and to encourage citizens to read for pleasure. Ms. McAlister listed the different programs within this Grant. Council member Edstrom clarified Byron Nelson High School's consent to participate. Edstrom stated that she is comfortable committing in-kind funds. Mayor Pro Tem Strother confirmed that the Town's contribution will go towards all of the programs within this Big Read Grant Program, Town Manager Emmons and Town Attorney Adams said that a motion to support would suffice as Council's Resolution. The Council suggested incorporating this into the Town's events. Motion made by Edstrom, seconded by Wilson to support the National Endowment of the Arts' Big Read Grant Program in combination of cash and contributing in-kind in the amount of $2,500.00. Motion passed unanimously without further discussion. 3. 2010-16-T Consider and take appropriate action regarding the approval of a Third Modification of the Agreement between the Town and Allied Waste to adopt a rate increase for solid waste collection, transportation and disposal services. At the January 4, 2010 meeting, the Town Council requested Allied bring back three different options: 1. Current level of service 2. 64 gallon recycle bin - picking up every week 3. 95 gallon recycle bin - picking up every other week . Dave Edstrom, 269 Oak Hill Drive — Spoke against the recycling carts. L.C. Crowley - 410 Lakewood Drive — Spoke against the recycling carts. Allied Waste Representatives, Jeri Harwell, Reid Donaldson and Craig Mikolajchek were in attendance. Council member Edstrom stated that the majority of the homes were built in the 1970's and have very small garages, with not enough room to store the carts. The Town also has an Ordinance that prohibits carts being stored in the view of the front to the home. Edstrom suggested that the current recycling program be promoted; magnets with the trash dates and educational information on what items can be recycled. Council member Sterling personally favors carts; however Sterling acknowledged that not all of his neighbors are in favor. Sterling is not certain that the greater cost covers the lesser service and although there is an increase, Sterling supports the current level of services. Council member Wilson asked Town Manager Emmons for his recommendation and staff's preference. Town Manager Emmons said that it is hard to find comparables to that of other cities. Staff has spent a lot of time negotiating this contract and Emmons recommended the 95 cart (Option 3)_ Council member Edstrom agreed, stating that Roanoke and Westlake are not comparable. Westlake homes have three plus garages and Roanoke does not have an Ordinance restricting storing carts outside, in front of homes. Town Council Minutes dated January 18, 2010 Motion made by Edstrom, seconded by Sterling to approve a Third Modification (Option 1 - same level of service) of the Agreement between the Town and Allied Waste to adopt a rate increase for solid waste collection, transportation and disposal services. Jeri Harwell agreed to promote and educate the residents on recycling so that they are better informed for a contract review next year. Motion passed unanimously without further discussion. Council member Wilson left the meeting due to another obligation. 5. 2010-31-T Consider and take appropriate action regarding a Resolution selecting a new name for Northeast Park. At the January 5, 2010 Parks and Recreation Board meeting the Board voted and selected the top three names for recommendation to Town Council. J.D. Stott, 1 Narrow Creek Court— Addressed Council stating that this item was discussed at the last Park Board meeting. The following names were voted on. 1. Freedom Park (submitted by Lakeview Elementary) 7 votes 2. Liberty Park 2 votes 3. Pecan Hallow Park 2 votes Motion made by Rose, seconded by Edstrom to approve a Resolution selecting Freedom Park as the new name for Northeast Park. Motion passed unanimously without further discussion_ B. 2010-13-T Consider and take appropriate action on a Resolution expressing the Town's Intent to Reimburse Expenditures made for park improvement projects from the proceeds of tax- exempt obligations to be issued in the future On November 3, 2009 voters approved a $5 million Bond Election for Park Improvements. The Town's Bond Counsel Julie Partain, with Vinson & Elkins, has prepared the attached Reimbursement Resolution which will enable the Town to go forward with some of the preliminary expenses associated with the park projects. The Resolution allows the Town to use a portion of our General Fund unallocated fund balance and reimburse those expenditures with the proceeds of the bonds, once issued. The associated bonds are scheduled to be issued in late March to early April, at which time Staff will reimburse the General Fund balance for any previous expenses. Town Manager Emmons explained that this Resolution is necessary as the Town has not yet issued debt but has construction costs due. Motion made by Sterling, seconded by Strother to approve a Resolution expressing the Town's Intent to Reimburse Expenditures made for park improvement projects from the proceeds of tax-exempt obligations to be issued in the future. Motion passed unanimously without further discussion. Town Council Minutes dated January 18, 2010 4 7. 2010-33-T Consider and take appropriate action on a Resolution Expressing the Town's intent to reimburse expenditures made for vehicle and equipment purchases and park improvement projects from the proceeds of tax-exempt obligations to be issued in the future. The purchase and replacement of several vehicles and pieces of equipment were included in the Town's 2009-2010 adopted budget. In addition, the EDC 4A Board budgeted and approved funding for the debt service costs associated with financing several vehicles and pieces of equipment, as well as, several park improvement capital projects not included in the November 2009 Bond Election. In order to identify the most favorable financing method, the Town's Financial Advisor Dan Almon, with Southwest Securities, compared the costs associated with borrowing from a financial institution to that of issuing tax notes. Once proposals from financial institutions, including our local depository First Financial Bank, were reviewed, they were compared to the costs of issuing tax notes. Financing the purchases with tax notes yielded a savings of approximately $17,000. As the bond market, banks, and most financial institutions are closed on Monday. January 18, 2010 in observance of the Martin Luther King Holiday, our Bond Counsel Julie Partain, with Vinson & Elkins, has prepared the attached reimbursement resolution which will enable us to go forward with the purchase of vehicles and equipment. The resolution allows us to use a portion of our General Fund unallocated fund balance to go forward with purchases and reimburse those expenditures with the proceeds of the tax notes, once issued. The associated tax notes are scheduled to be issued in February, at which time we will reimburse the General Fund balance for any purchases. Town Manager Emmons referenced the financing schedule on page 39. Emmons said the original figure presented for the Dump Truck was based on the price of a 2010 model. The 2011 models have stricter emission requirements and cost a lot more. Emmons stated that Staff will be bringing back an Ordinance to amend the budget, Motion made by Edstrom, seconded by Strother to approve a Resolution Expressing the Town's intent to reimburse expenditures made for vehicle and equipment purchases and park improvement projects from the proceeds of tax-exempt obligations to be issued in the future. Motion passed unanimously without further discussion. 8. 09-534-T Consider and take appropriate action regarding the refurbishment of the 2000 Medic 682 Ambulance from American Emergency Vehicle, and authorizing the Mayor or her designee to execute necessary documents. The vehicle to be replaced has met or exceeded the replacement criteria of a combination of age, mileage, maintenance costs verses remaining value and was approved for replacement in the FY 09-10 budget. A quote was solicited by Professional Ambulance, a BuyBoard co-operative purchasing agent, for the replacement of our 2000 Horton reserve unit. This will be a refurbish of the current unit and purchase of a new chassis. Purchasing through a cooperative group increases the purchasing power of governmental entities and simplifies the purchasing process by completing the competitive bid process. Staff recommends approval of the bid award to Professional Ambulance for the amount of $97,537.00 Motion made by Edstrom, seconded by Rose to award the bid to Professional Ambulance for the amount of $97,537.00 to approve the refurbishment of the 2000 Medic 682 Ambulance from American Emergency Vehicle, and authorizing the Mayor or her designee to execute necessary documents. Motion passed unanimously without any discussion. Mayor White noted that the refurbishment is important to ensure coverage/backup for any time the primary ambulance is out of service. Town Council Minutes dated January 18, 2010 5 9. 2010-23-T Consider and take appropriate action regarding the purchase of Tahoes for the Police Department, and authorizing the Mayor or her designee to execute necessary documents. The Inter Local Agreement with Parker County was previously approved by the Town Council. This item allows Council to consider the purchase of the Tahoes via the ILA with Parker County_ Motion made by Edstrom, seconded by Rose to approve the purchase of Tahoes for the Police Department, and authorizing the Mayor or her designee to execute necessary documents. Motion passed unanimously without any discussion. 10. 2010-14-T Consider and take appropriate action regarding a Memorandum of Understanding between the Town and NCTCOG authorizing Data Sharing between Trophy Club Police Department and NCTCOG via the Law Enforcement Analysis Portal (L.E.A.P) and authoring the Town Manager or his designee to execute necessary documents. Law Enforcement Analysis Portal (L.E.A.P) is one of several information technology initiatives sponsored by the North Central Texas Council of Governments designed to take advantage of existing technology for the benefit of local governments throughout the state of Texas. L.E.A.P. is a multi jurisdictional system designed to deliver information to all members of Texas law enforcement for the purposes of preventing and better responding to criminal and/or terrorist activities. Mayor White noted that this is for data sharing only, actual use of the system will require a subscription which is being evaluated. Motion made by Edstrom, seconded by Strother to approve the Memorandum of Understanding between the Town and NCTCOG authorizing Data Sharing between Trophy Club Police Department and NCTCOG via the Law Enforcement Analysis Portal (L.E.A.P.) and authoring the Town Manager or his designee to execute necessary documents. Motion passed unanimously without any discussion. 11. 2010-15-T Consider and take appropriate action regarding a Resolution supporting a Flood Protection Planning Grant. The Town of Trophy Club budgeted $125,000 in fiscal year 2009/2010 and anticipates budgeting an additional $125,000 in fiscal year 201012011 for engineering services related to drainage and flood control in the Town. While a comprehensive drainage study can be quite expensive, it is a necessary step to address the drainage needs of the Town. In early December, representatives from Jacobs Engineering approached the Town and offered their assistance in preparing an application to the Texas Water Development Board for a Flood Protection Planning Grant. The Flood Protection Planning Grant is a 50150 grant program that provides funding for engineering services. One requirement of the grant application is the passage of a Resolution by the governing body applying for the grant. Management recommends approval of the Resolution. Motion made by Edstrom, seconded by Rose to approve a Resolution supporting a Flood Protection Planning Grant. Motion passed unanimously without any discussion Town Council Minutes dated January 18, 2010 12. 2010-18-T Consider and take appropriate action awarding the Bid for U.S. Highway 377 Improvements at Bobcat Boulevard to Jagoe Public in an amount not to exceed $265 276.88, and authorizing the Mayor or her designee to execute necessary documents. On Monday, December 21, 2009, the Town of Trophy Club opened three sealed bids for the construction of "U.S. Highway 377 Improvements at Bobcat Boulevard." The apparent low bidder for this project is Jagoe Public, with a bid of $265,276.88. After reviewing all of the submitted bid documents, it is the recommendation of Management and Jacobs Engineering that the project be awarded to Jagoe Public and that the necessary contract documents be executed. Mayor White commented that the bid is significantly less than what was originally budgeted. Motion made by Edstrom, seconded by Rose to award a Bid for U.S. Highway 377 Improvements at Bobcat Boulevard to Jagoe Public in an amount not to exceed $265,276.88, and authorizing the Mayor or her designee to execute necessary documents, Motion passed unanimously without further discussion. 13. 2010-34-T Consider and take appropriate action regarding financial and variance report dated: a. December The December 2009 monthly financial report is presented in a format that provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. The accompanying variance report provides an explanation of actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed. Management recommends approval. Motion made by Edstrom, seconded by Strother to approve the financials dated December 2009 Motion passed unanimously without any discussion. 14. 2010-19-T Consider and take appropriate action appointing Council members to serve on an Audit Subcommittee. It is recommended that each public entity establish an Audit Subcommittee made up of members of the governing body. As the core responsibility of the legislative (lawmaking) branch of government (Council) is to provide direction to the Executive (administration of laws) branch of government (Management), this committee's fundamental purpose is to provide a practical tool for ensuring that the financial statements are properly audited, and that any problems disclosed in the course of the audit are satisfactorily resolved_ In addition, it allows an opportunity to assess whether Management is maintaining a comprehensive framework of internal control, and that financial reporting practices are being objectively reviewed. The committee usually meets one or two times annually to review the independent auditor's reports, and assess the performance of the audit. Membership on the committee is reviewed and appointed annually. Mayor White and Council member Sterling volunteered. Motion made by Edstrom, seconded by Rose to appoint Mayor White and Council member Sterling to an Audit Subcommittee. Motion passed unanimously without further discussion. Town Council Minutes dated January 18, 2010 7 15.09-545-T Consider and take appropriate action regarding setting a date to hold a Joint Session with Trophy Club MUD 1. Mayor White said that she discussed the date of Saturday, February 6t" with TCMUDI. Some of the Directors questioned the possibility of meeting before their meeting on Monday, January 251h. Mayor White said that she would like to go with the date proposed of Saturday, February 6`h, as she felt more time would be needed_ Motion made by Edstrom, seconded by Rose to set, February 6, 2010 as the date to hold a Joint Session with Trophy Club MUD 1. Motion passed unanimously without further discussion. 16. 2010-21-T Mayor and Council update regarding training opportunities, educational sessions, and regional meetings; discussion of same. Mayor White provided a brief update on her attendance at the following meetings and events: City of Southlake DPS HQ Grand Opening Metroplex Mayors Association Northwest Community Partnership Meeting Roger Stauback - Nth TX Super Bowl XLV Host Committee Kick -Off Concert Series Action Team Council member Edstrom stated that the Trophy Club Women's Club presented the Police Department, Fire Department and Animal Control with grants last Wednesday evening. 17. 2010-20-T Items for Future Agendas No action taken. 117416111;u. Motion to adjourn made by Sterling, seconded by Rose. Motion passed unanimously Meeting Adjourned at 9:45 p.m. n Lisa Hennek, Town Secretary Town of Trophy Club, Texas Connie White, Mayor Town of Trophy Club, Texas Town Council Minutes dated January 18, 2010 8