Minutes TC 06/21/2010MINUTES FROM BUDGET WORKSHOP/REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 21, 2010 5:00 P.M.
Svore Municipal Building Boardroom
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club , Texas, met in a Budget Workshop/Regular Session on
Monday , June 21 , 2010 . The meeting was held within the boundaries of the Town and was open to the
public .
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Glenn Strother
Bill Rose
JD Stotts
Margi Cantrell
Larry Hoover
Mayor
Mayor Pro Tem arrived at 5045 p .rn.
Council Member
Council Member
Council Member
Council Member arrived at 5.·20 p .m .
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Acting Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Kathy DuBose Finance Director
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Adam Adams Parks Director
Carolyn Huggins Community Development Director
Mike Pastor Information Systems Director
Ed Helton Director of Street Services
Garin Giacomarro Town Manager's Office Intern
Mayor White announced the date of June 21, 2010, called the meeting to order and announced a
quorum at 5:08 p.m.
Mayor White advised that Mayor Pro Tem Strother and Council member Hoover would be late .
WORK SESSION (5:00 -6:45 P.M.)
Conducted in the Public Services Conference Room
1. 2010-335-T Town Council Budget Overview; discussion of the same.
1) Acting Town Manager's memo and Departmental Business Plans
2) Budget Assumptions
3) Parks Capital Improvement Tax Rate Impact Analysis
Presentation is attached
Town Council Minutes dated June 21,2010
Finance Director DuBose explained the Budget Assumptions, Revenues and Property Tax Appraisal Roll
Growth. DuBose advised that the Town received preliminary values in May and will have certified values
at the end of July.
Council discussed the Tax Rate PID Assessments and comparisons between the Town/PID and
Town/MUD. Town Attorney Adams advised that PID residents pay a one time fee of $2,300 for
connection to the infrastructure, this fee is not a tax and is paid during the permit time. Should a resident
sell their home, this fee does not have to be paid again.
Council member Cantrell and Mayor White said that the information provided in the handouts shows PID
residents paying $0.10 less than residents in TCMUD No.1. Cantrell suggested that Staff denote the
handout that this amount does not include the assessments paid into the property. Finance Director
DuBose explained that different from the MUD, this fee is not considered a tax under the PID but an
assessment.
Acting Town Manager Seidel stated that historically, it is not unusual for residents in this community to
pay two different taxes, however Staff will clarify the chart information moving forward.
Town Attorney Adams advised that realtors are required to disclose the PID fee at the beginning of the
process. Council member Cantrell commented that a realtor in Town told her that disclosure is not
happening.
Acting Town Manager Seidel advised that Staff denote the presentation reflecting that the amount does
not include the PID Assessment ranging between $969.54 -2,203.51.
Finance Director DuBose stated that while the sales tax is low it should come out pretty even. DuBose
explained that Franchise fees are down considering the mild weather. All Franchise fees are received
quarterly, with the exception of ATMOS which is received annually.
Council member Rose asked Staff to be sure that the Town is receiving all of the 76262 sales tax.
Finance Director DuBose explained that she does not have Staff to police this, but she can check on
specific retailers/landscape companies.
Council discussed the residential building permits estimated at 200 for FY09-10 compared to the 150
budgeted this year. The Parks and Recreation Capital Improvement Tax Rate Impact is less than
expected, about $75,000 under what was projected. The Council discussed the PID and Park Bond
projects. Acting Town Manager Seidel explained that the numbers will be redefined as the Management
Team continues their work on balancing the budget over the next few weeks. Seidel informed the Council
that the Management Team is continually revising their department's business plans and linking them to
the Council's goals. New mission statements are being created to better communicate and measure how
we are meeting the Council's goals.
Mayor White commented that this is a great start and requested money be budgeted for improved
communications. The Town's current communication programs are only reaching 10% of the residents
and need to reach a larger portion. Council member Stotts suggested publishing the newsletter in the
paper on a quarterly basis.
Acting Town Manager Seidel stated that department's business plans define specific goals and action
plans to accomplish the Council'S goals, including improved communication. Staff has discussed inserts
in the MUD bills, however, very soon the majority of the bills will be electronic and this function will no
longer be available. Seidel explained that we are in the midst of a technical paradigm shift. Seidel is
working with EDC on marketing and branding. It makes more sense to implement the new branding with
the website redesign. Seidel stated that Staff will present greater details, more information, scenarios
and a more finite number at the next Budget Workshop. Council will also discuss Capital Improvement
Projects and departmental requests and needs which will prepare them for July 31, 2010.
Town Council Minutes dated June 21, 2010 2
Council took a brief recess at 6 :37 p.m .
REGULAR SESSION 7:00 P.M.
Conducted in the Coun cil Chambers
The Council reconvened into Regular Session at 702 p .m .
Invocation was offered by Council Member Stotts.
Pledges were led by Council Member Rose.
CITIZEN PRESENTATIONS:
Sylvia Simpson, 7 Village Trail -Ms . Simpson 's home fronts Village Trail and voiced her concerns
regarding sidewalks . Simpson wanted Council to confirm that the contractor would be responsible for
removing a very large tree in her yard and for capping and relocating sprinkler heads if necessary
Acting Town Manager asked Ms. Simpson to provide her phone number so that Ed Helton , Director of
Streets Services could call her and answer all of her questions .
CONSENT AGENDA
Mayor White pulled Item 4 .
Council member Stotts pulled Item 5.
Motion made by Rose , seconded by Strother, to approve the Consent Agenda Items 2 and 3.
Motion passed unanimously without any discussion .
2. 2010-295-T Consider and take appropriate action regarding the Minutes dated May 17, 2010.
3. 2010-336-T Consider and take appropriate action regarding the Interlocal Cooperation
Agreement for Tax Collection between Denton County and the Town of Trophy Club, and
designating Kathy DuBose, Director of Finance as the Liaison.
4. 2010-337-T Consider and take appropriate action regarding the Interlocal Cooperation
Agreement for Tax Collection between Denton County and the Town of Trophy Club Public
Improvement District (PID) #1 Emergency Services (PID 0 & M), and designating Kathy
DuBose, Director of Finance as the Liaison.
Consent Agenda Items 3 - 4 are annual agreements (October 2010 -September 2011 ) under which
Denton County serves as the tax assessor and collector for the Town of Trophy Club . While Appraisal of
properties is completed separately by Denton Central and Tarrant Appraisal Districts , collection of taxes
from property in both counties is achieved by Denton County . The fees associated with this agreement
are the same as the previous year at $0 .74 per mandatory mailing: i.e. tax statements and delinquent
notices .
Town Attorney Adams explained that the document presented to the Council is the County 's standard
form and denotes this as a tax collection, however this should be assessment. Adams asked the Council
to approve this item as an Interlocal Cooperation Agreement for an Assessment Collection .
Town Council Minutes dated June 21 , 2010 3
Council member Stotts asked who manages the PID Emergency Services . Town Attorney Adams
explained that the PID Emergency Services is administered by the Town , the annual Service and
Assessment Plan and rate are set by the Municipal Utility District and is approved in the same form as the
Agreement in Item 5 . The Tax Collection Attorney is McCreary, Veselka and Bragg.
Motion made by Cantrell , seconded by Hoover, to approve the Interlocal Cooperation Agreement
between Denton County and the Town of Trophy Club Public Improvement District No.1 for the collection
of the emergency services assessment for the Town of Trophy Club Public Improvement District (PID) #1,
in the same format as the assessment contract for County collection of PID assessments in agenda Item
5, and authorizing the Mayor to execute the agreement.
Council member Rose amended the motion to allow the Mayor to sign the revised document. The
second agreed .
Staff will bring this Agreement back on July 19, 2010 for ratification .
Amended motion passed unanimously without further discussion.
Main motion passed unanimously without further discussion .
5. 2010-338-T Consider and take appropriate action regarding the Interlocal Cooperation
Agreement for Tax Collection between Denton County and the Town of Trophy Club Public
Improvement District (PID) #1 (PID I & S), and designating Kathy DuBose, Finance Director
as the Liaison.
Motion made by Strother , seconded by Cantrell to approve the Interlocal Cooperation Agreement for
Assessment Collection between Denton County and the Town of Trophy Club Public Improvement District
(PID) #1 for the collection of assessments as amended, changing the posting language from Tax to
Assessment.
Motion passed unanimously without further discussion.
REGULAR SESSION
6. 2010-321-T Consider and take appropriate action regarding financial and variance report
dated May 2010.
The May 2010 monthly financial report was 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 recommended
approval.
Council member Cantrell questioned why DPS line items for unemployment , worker's compensation and
hOliday pay are already at 90%. Finance Director DuBose explained that unemployment is calculated in
January and based on prior years , therefore accounting for the difference. Holiday pay is paid in
December for the current fiscal year .
Mayor White questioned the low income received at Trophy Club Park and asked where the Town stood
year to date . Finance Director DuBose and Acting Town l\IIanager Seidel explained that the Park was
closed due to weather related issues and Staff has implemented better record keeping and cash handling
procedures and reporting as well .
Town Council Minutes dated June 21 , 2010 4
Council member Stotts stated that the peak time for revenue at Trophy Club Park is in the Spring, Winter
and Fall as is gets too hot in the Summer.
Motion made by Cantrell, seconded by Stotts, to approve the financial and variance report dated May
2010.
Motion passed unanimously without further discussion.
7. 2010-323-T Consider and take appropriate action regarding the SEMO report and/or the
Intergovernmental Contract for Employee Services between the Town of Trophy Club and
TCMUD No.1.
Mayor White stated that the Council Just received the draft this morning. Acting Town Manager Seidel
met with the District Manager Scott and Town Attorney Adams joined in the second meeting. This is
simply the first draft and the comments received back from TCMUD No.1 have not yet been incorporated.
Seidel stated that both he and the District Manager are committed to working together.
Mayor White pointed out that Section 3.01 states MUD1 shall have exclusive control and oversight over
the Operation(s), performance, reporting, hiring, firing, and discipline of all such Jointly Funded
Employees. Acting Town Manager Seidel clarified that this was not correct and directed Town Attorney to
revise.
Acting Town Manager Seidel explained that hiring and firing Will fall under the Town Human Resources
Department and the Standard Operating Procedures will fall under TCMUD NO.1. Utility Billing will help
administer the insurance billing for the TCMUD No.1 employees.
Council member Cantrell suggested that a date be included to Section XI, New JOintly Funded
Employees where it requests the governing body for each of the Parties approves a listing of funded
pOSitions or an organizational chart showing all JOintly Funded Employee positions. Town Attorney
Adams advised that this section came out of the last draft and she will ask TCMUD No.1 for a realistic
date and include.
Acting Town Manager Seidel requested that the Council continue their review of the draft send their
comments to both he and Town Attorney Adams.
No action taken, discussion and input only.
8. 2010-324·T Consider and take appropriate action regarding the scheduling of quarterly
Joint Sessions with TCMUD1.
On Tuesday, June 15, TCMUD No.1 discussed the proposed dates of Wednesday, August 11, 2010,
Thursday, November 11, 2010 and Wednesday, February 9, 2011 at 7 p.m and agreed to schedule the
dates with the option to change.
Mayor White and Council member Cantrell have a conflict with August 11, 2010. TCMUD No. 1
requested that August 11, 2019 be left on the scheduled and cancelled at a later time.
Council member Cantrell suggested that the August meeting be postponed rather than cancelled. Acting
Town Manager Seidel suggested possibly postponing the August meeting until the first week in
September. Staff will provide this information to District Manager Robert Scott to forward to the TCMUD
No.1 Directors.
No action taken will come back in July.
Town Council Minutes dated June 21,2010 5
9. 2010-325-T Consider and take appropriate action regarding a Memorandum of
Understanding (MOU) between the Town of Trophy Club, the City of Lewisville, Town of
Flower Mound, City of The Colony and the City of Roanoke to establish a regular rotation of
the shared representation on the Regional Transportation Council.
Council approved Resolution No. 2010-09 on June 7, 2010 nominating Rudy Durham, as the primary
representative to the Regional Transportation Council and Allen Harris from the Colony as the alternate.
This item will approve a Memorandum of Understanding (MOU) between Flower Mound, The Colony,
Trophy Club, Roanoke, and Lewisville to establish a regular rotation of the shared representation on the
Regional Transportation Council (RTC). The rotation will begin with new representation in June, 2012, or
as new appointments are requested within the same year.
To date, Staff has only heard back from the Town of Flower Mound who approved the MOU on June 7,
2010.
Motion made by Stotts, seconded by Rose, to approve a Memorandum of Understanding (IIJIOU) between
the Town of Trophy Club, the City of Lewisville, Town of Flower Mound, City of The Colony and the City of
Roanoke to establish a regular rotation of the shared representation on the Regional Transportation
Council.
Motion passed unanimously without any discussion.
10. 2010-327-T Consider and take appropriate action regarding an Interlocal Agreement
between the Town of Trophy Club and the Texas Department of Transportation pursuant to
Section 702.003 of the Texas Transportation Code for the purpose of receiving "Scofflaw"
services to prevent those persons with outstanding fines and warrants for violations of
traffic laws pending in the Town's Municipal Court from registering their motor vehicles
until such fines or warrants are resolved.
The Interlocal Agreement has to be approved by Resolution and authorizes Trophy Club Municipal Court
to participate in the Texas Department of Transportation's program which provides that a county tax
assessor-collector or the Texas Department of Transportation may refuse to register a motor vehicle
when the owner of the vehicle has an outstanding warrant from a participating municipality. Denton
County has recently implemented software with the ability to "flag" motor vehicle records and deny vehicle
registration until the outstanding warrant or judgment from a participating municipality is satisfied.
PartiCipation in this program will aid the Town in enforcement of Municipal Court judgments.
Council member Stotts asked for the current number of unpaid tickets. Finance Director DuBose was not
certain and said that she would find out and forward this information to Council. Acting Town Manager
Seidel stated that this is one more mechanism that will help recover fines.
Town Attorney Adams advised that this program is similar to OMNI, the benefit of this program is that
since registrations have to be renewed every year, the turn around time on the collection process is better
and the costs associated are lower.
Police Chief Kniffen advised that warrant recovery is a substantial improvement and this will benefit the
Town and the State and will outweigh the cost.
Council member Hoover questioned if the Town is doing a good job collecting warrants. Acting Town
Manager Seidel explained that not all warrants are for people who live in Trophy Club and it is expense to
track those living outside of the Town. This program will help recoup some of those costs.
Mayor Pro Tem Strother asked for Staff's recommendation. Finance Director DuBose advised that Staff
recommends approval.
Town Council Minutes dated June 21, 2010 6
Motion made by Strother, seconded by Stotts, to approve a Interlocal Agreement between the Town of
Trophy Club and the Texas Department of Transportation pursuant to Section 702.003 of the Texas
Transportation Code for the purpose of receiving "Scofflaw" services to prevent those persons with
outstanding fines and warrants for violations of traffic laws pending in the Town's Municipal Court from
registering their motor vehicles until such fines or warrants are resolved.
Motion passed unanimously without further discussion.
11. 2010-339-T Fire Chief Thomas to provide an update on the bid award for Computer Aided
Dispatching (CAD); discussion of the same.
Chief Thomas stated that Denton County Dispatch has been conducting Computer Aided Dispatching
(CAD), for the Town's Police Department for the past ten years Denton County is now adding this
service for Fire/EMS. This is a four year lease and will provide laptops and the necessary mounting
equipment to be installed in the Fire and Medical Apparatus. The total for this project is $23,744 at
monthly lease payments of $577. On Tuesday, June 15, 2010 TCMUD No.1 agreed to fund the entire
cost and awarded the bid to PCS Mobile.
Update only -no action.
12. 2010-331-T Items for future Agendas.
Council member Stotts asked for a Staff update regarding Marshall Branch Creek area located North of
HWY114; discussion and action of the same and a Staff update regarding the loop road and a report from
the engineer firm hired by the County.
Mayor White questioned if Staff had spoke to the school regarding the library. Acting Town Manager
Seidel is still waiting for a call back.
Council members Cantrell and Stotts asked that #5 Consider and take appropriate action regarding the
creation of a Citizen's Financia/ Budget Board be a priority even if it cannot be addressed in time for the
budget process.
13. 2010-329-T Acting Town Manager Seidel's update regarding the following; discussion of the
same.
1. Splash Pad Construction
Acting Town Manager Seidel announced that the Splash Pad Grand Opening is scheduled for the 4th of
July Celebration.
14. 2010-328-T Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
Mayor White reported on the following items:
June 15, 2010 TCMUD No. 1 Meeting -TCMUD No. 1 discussed their procedures, Code of
Ethics and the MUD Attorneys. TCMUD No 1 approved a request to sponsor the 25 th as a Silver
Sponsor and also sponsor the Town's fireworks.
Safe Routes to School (SRTS) Town Hall Meeting -Mayor White advised that there was a
quorum of the Council but the Council did not debate the issue. Council member Hoover asked if
Town Council Minutes dated June 21, 2010 7
Council can stop the SRTS project. Mayor White explained that a previous Council approved this
project and this has been going on for several years.
America Supporting Americans -Mayor White stated that the group has been very active and is
doing some great things.
Reception for Planning and Zoning Commissioner Bob Ashby -Mayor White stated that this
reception was well attended and very nice. White asked the community to continue to lift up the
Ashby family.
NCTCOG's Annual Workshop and General Assembly Meeting -This was the first year Mayor
White attended and the presentations were on various relevant topics; Zoning, Open Meetings
and Public Information.
25th Anniversary Committee -This Committee has also been working very hard to make this
celebration a success. Council member Cantrell encouraged the citizens to forward stories
regarding the Town's history so that inserts can be published.
35 Coalition -Mayor Pro Tem Strother stated that they are getting close on the funding for the 135
improvements. Strother encouraged people to contact their Legislator to help push this through.
Mayor White requested that the Council convene into Executive Session prior to receiving the
Presentation under #15. Should the Council wish, they may come back to this item after Executive
Session.
15. 2010-332-T Presentation of a progress report on the Highlands of Trophy Club Public
Improvement District #1; consideration and appropriate action regarding same.
No action taken.
EXECUTIVE SESSION
16. 2010-333-T Council to convene into executive session pursuant to Texas Government
Code, Annotated, Subchapter 551, Section 551.071 "Consultation with Attorney" to consult
with the Town Attorney on a matter in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflict with the Texas Open Meetings Act, for the purpose of receiving legal advice
regarding the Highlands of Trophy Club Public Improvement District #1 and related
development matters.
Council took a brief recess at 8:37 p.m. and convened into Executive Session at 8:50 p.m.
RECONVENE INTO REGULAR SESSION
Council reconvened into Regular Session at 10:22 p.m.
17. 2010-334-T Consider and take appropriate action regarding Executive Session Item 2010
333.
No action taken.
ADJOURN
Town Council Minutes dated June 21, 2010 8
Motion to adjourn made by Stotts, seconded by Hoover to adjourn . Meeting adjourned at 10:23 p.m.
\ isa Hennek, T own Secretary tonnieVVhite, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes dated June 21 , 2010 9
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