Minutes TC 06/07/2010MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 7, 2010 7:00 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, June 7,
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
Bill Rose Council Member
JD Stotts Council Member
Margi Cantrell Council Member
Larry Hoover Council Member
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Acting Town Manager
Lisa Hennek Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Adam Adams Parks Director
Garin Giacomarro Town Manager's Office Intern
Mayor White announced the date June 7, 2010, called the meeting to order and announced a
quorum at 7:04 p.m.
Invocation was offered by Council Member Cantrell.
Pledges were led by Council Member Stotts.
CITIZEN PRESENTATIONS:
Julian Owens , 213 Oak Hill Drive -Spoke against pools fees and advised the Council that he has started
a petition for a referendum vote for Ordinance 2010-15 that approved the fees .
Barry Huizenga , 120 Greenhill Trail South -Spoke against amenity user fees and stated that the access
control to the pool is a nightmare Although not in favor of fees , Huizenga discouraged the soft
implementation that has been occurring and advised the Council that if they are going to implement , they
need to do it the right way
Parks and Recreation Board Member Larry Lentzner , 303 Ridge View Lane -Stated that the Board did
not take their recommendation of pool user fees lightly and considered the future operations of the Park
Town Council Minutes dated June 7 , 2 010
Amenities. User fees are an opportunity to share some of the costs, and the fees are nominal compared
to other cities. Lentzner stated that the vote to recommend fees originally passed 10: 1. Revisions were
made and the recommendation passed unanimously, 11 :0. The Parks and Recreation Board is a very
diverse group and is representative of the entire community.
CONSENT AGENDA
Mayor White noted the following corrections to the May 17, 2010 Minutes:
Item 19. 2010-264-T Items for future Agendas.
"Council member Stotts asked for a financial and operational update on the PID going back to
January 1, 2010." shou Id be 2008.
Mayor White noted the following corrections to the May 19, 2010 Minutes:
Item 3. 2010-290-T Consider and provide input to Staff regarding the Emergency Medical and
Fire Services contract, first paragraph, next to last sentence reads "L the Town, the .... " should be
"Like the Town, the ..."
Council member Stotts pulled Item 1.
Council member Rose pulled Item 2.
1. 2010-295-T Consider and take appropriate action regarding the Minutes dated May 17, 2010.
Council member Stotts does not recall stating the following under Item 16. 2010-288-T, first paragraph of
page 6, Council member Stotts added that there is no way to offset the fees at this point.
Acting Town Manager Seidel suggested for Staff to review the audio and bring back the Minutes at the
next meeting
Council member Cantrell asked that the Citizen Presentations capture the gist of the speaker's
comments.
2. 2010-296-T Consider and take appropriate action regarding the Minutes dated May 19, 2010.
Council member Rose removed Item 2 and questioned if Minutes from a Joint Session should be
approved at a Joint Session with TCMUD No.1. Town Attorney Adams advised that each Board is
responsible for creating and approving their own Minutes. All joint session meetings are approved by the
respective Boards.
Motion made by Rose, seconded by Cantrell to approve the May 19, 2010 Minutes.
Motion passed unanimously without any discussion.
REGULAR SESSION
3.2010-206-T Consider and take appropriate action regarding the creation of a Code of
Conduct/Ethics Ordinance and the establishment of an Ethics Commission.
Item sponsored by Council members Rose and Cantrell
Mayor White stated that Council was asked during the April 12, 2010 meeting to forward their business
points to former Town Manager Emmons who was to compile and forward out to the entire Council Also
Town Council Minutes dated June 7,2010 2
during this meeting Council member Rose asked Town Attorney Adams to pull his business points from
his draft (T-E).
Council member Rose stated that the goal is to create an Ordinance and establish a Commission in order
to satisfy the Charter requirement Rose explained how his draft was developed and the origin of the
source documents used to create the draft. Rose added that he worked with both Mayor White and
former Council member Wilson when drafting the Ordinance.
Mayor White thanked Council member Rose for all of his work and asked the Council to focus on their
baseline points they would like listed in the Ordinance.
Town Attorney Adams advised that the Penal Code provIsions regarding gifts , abuse and misuse of
Office. The Government Code has provisions with regard to conflicts of interest and the Local
Government has provisions with regard to conflicts of interest for the Planning and Zoning
Commissioners , which require the Board members to make disclosure of a conflict prior to the Board
hearing an item . There are state laws that govern each one of these topics . Rose said that the document
ROSE Draft TC Code of Ethics Conduct Proposal Rev 4 as included in the packet will allow for an Ethics
Commission as required by the Charter.
Council Member Cantrell thanked Council member Rose for his work and agreed that the Ordinance
should include employees as that is what the citizens voted on. Cantrell is concerned that the financial
disclosure may inhibit someone from running for office in the future and recommended that the specific
financial form be included in the Ordinance , thereby eliminating all of the questions and speculation of
what the form will entail.
Mayor White stated that it is critical that the Council be able to review the financial form. Although she
does not have anything to hide , White said that finances are personal and she shares Council member
Cantrell 's concern that this may inhibit someone interested in serving from running for office White
stated that she felt the Ordinance asks a lot from employees and does not want to be too intrusive with
their personal life. The Charter Amendment does not require employees be subject to the same
requirements as the Elected Officials and the employees are already governed by the personnel policies.
White reminded the Council that the Charter also requires a Council/Manager form of government, and
the Town Manager should have the control over the employees. Mayor White fears that some portions
of the draft are applicable only to big cities and may not be conducive to the Town.
Council member Stotts echoed his appreciation of Council member Rose's research and work. Stotts
feels that the Ordinance is too long and too heavy handed in certain sections and would like to remove
Section 6 in its entirety. Stotts agrees with Council member Cantrell in that Section 6 is far too invasive
and will discourage people from becoming involved in the Town Government and not necessary for Town
Employees . This type of disclosure is usual for paid Elected Official position . Stotts asked the Council to
keep perspective as to who we are and where we are when considering certain sections of this
Ordinance . If Council decides financial is necessary, Stotts suggested something simply, like Page 95, f
- h . Stotts questioned why Council needs to cover the areas already covered by State Law.
Mayor Pro Tem Strother also thanked Council member Rose for his tremendous effort working on the
draft . Strother agreed with Council member Stotts and Cantrell that Council does need to create an
Ordinance and establish an Ethics Committee . Strother stated that most is covered by State Law and is
concerned that the financial disclosure may discourage citizens from getting involved .
Mayor White questioned the section regarding other employment. Acting Town Manager Seidel advised
that employees have to have Town Manager approval to hold second Jobs . To date , no issues have been
reported of second jobs causing issues .
Council member Stotts does not think that the intent of the citizens was to create an Ordinance that
micromanaged employees or Elected Officials and that they only want all to be open and honest. Stotts
stated that the commission can be advisory, and only make recommendations . Stotts questioned if the
Town Counci l Minutes dated June 7, 2010 3
Commission would have the authority to hire and fire the independent counsel and if the independent
counsel would have a contract or be hourly and what the estimated and associated costs with
independent counsel would entail. Town Attorney Adams explained that although City Attorneys are
familiar with policies, procedures and past practices they are usually not considered as Ethics legal
counsel as they are appointed by the Council. Adams said there is some merit in rotating this among a
panel of resources as is ensures that the legal counsel will be objective as they are not working for the
Commission.
Council member Cantrell stated that the Council needs a Code of Ethics and a Commission as deemed
by the citizens but thinks that this can be minimized, the Council needs to determine how to move ahead
and proceed.
Town Attorney Adams stated that the objective of the business points was to get a clearer understanding
of Council's direction. Acting Town Manager suggested that Staff pullout the sections regulated by State
Law. Council member Cantrell does not want to wait on the State of Texas, when there have been issues
in the past that would have been resolved differently had there been an Ethics Commission.
Acting Town Manager Seidel clarified that he was only suggesting the Council use guidelines consistent
with State Law and only reference the regulations actually adopted at higher level.
The Council discussed revising the current code of ethics in the Elected Official Handbook to add the
Ethics Commission, the timeframe to submit a claim and whether the Commission should have the
authority to issue a subpoena.
Mayor White stated that the Council made some very valid points and suggested that the Council forward
input, comments and concerns to Acting Town Manager Seidel and Town Attorney Patricia Adams and
requested Staff provide the sections of State Law applicable for explanation. Acting Town Manager
Seidel commended the Council for their discussion and vetting this through the process and stated that
this is the most positive discussion regarding Ethics.
Council agreed to send their concerns and questions to Acting Town Manager Seidel and Town Attorney
Adams by July 1 st Mayor White asked for a reminder to be sent to the Council one week prior to the
deadline.
No action taken.
4. 2010-252-T Consider and take appropriate action regarding a Resolution nominating a new
primary and alternate representative to the Regional Transportation Committee or chose to
keep the current Primary representative, Rudy Durham, Deputy Mayor Pro Tern, City of
Lewisville and Alternate, Jody Smith, Mayor, Town of Flower Mound.
Jody Smith is no longer the Mayor of Flower Mound. The Cities of Lewisville and The Colony have
chosen to keep the current Primary representative, Rudy Durham, Deputy Mayor Pro Tem, City of
Lewisville and nominate Allen Harris of The Colony as the Alternate.
The 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), will be on Council's June 21, 2010 Agenda and Rotation will begin with new
representation in June 2012, or as new appointments are requested within same year.
Motion made by Rose, seconded by Stotts to approve a Resolution keeping the current Primary
representative, Rudy Durham, Deputy Mayor Pro Tem, City of Lewisville and nominate Alternate, Alan
Harris to the Regional Transportation Committee.
Motion passed unanimously without further discussion.
Town Council Minutes dated June 7, 2010 4
5. 2010-297-T Consider and take appropriate action regarding a Resolution approving the
renaming of Northwest Park to Independence Park.
The Park Board unanimously recommended that Northwest Park's name be changed to Independence
Park to avoid any confusion between the two complexes as they are adjacent to each other. They are
both baseball parks and Staff will renumber the baseball fields to accommodate the change.
Parks member Caryl Ann Jacobs said that the Board considered the whole complex when discussing the
name change and agreed to designate each side of the road as East and West. Parks Director Adams
clarified that Independence is the formal name of the park and the East and West will be used to further
identify what complex events will occur on .
Council Member Rose pointed out one correction under Section 1, Northwest Park not Northeast.
Motion made by Rose , seconded by Cantrell to approve a Resolution approving the renaming of
Northwest Park to Independence Park as corrected .
Motion passed unanimously without further discussion.
6. 2010-300-T Receive Council Member Rose's liaison report regarding the May 18, 2010
TCMUD1 Meeting; discussion of same.
Council Member Rose reported on the following :
1. Vertical Turbine Pump Installation
2. Action on SEMO Committee's recommendations
3. Staggered terms for MUD 1 Directors
4. Selection of MUD 1 President , Vice-President and SecretarylTreasurer
7. 2010-298-T Acting Town Manager Seidel's update regarding the following; discussion of the
same.
Acting Town Manager Seidel provided the following updates
1. Safe Routes to School Project (SRTS) bid opening -The bid opening occurred Monday, June 7,
2010. Kendo Contracting appears to be the lowest bidder, coming in at $318,000. This project is
federally funded and Kendo Contracting is about $180,000 less than the budgeted amount.
Seidel anticipates Council to award the bid at the July meeting. Seidel announced the Town Hall
meeting on Thursday, June 10 at 7 :00 p .m.
2. Manager's Retreat -This was a very positive experience and a step towards Council's goals.
Acting Town Manager Seidel stated that this is a marathon not a sprint and this is the first stab
which will not be perfect but will improve over time.
3. Pool Update -The Splash Park is still scheduled to open on July 4, 2010 The pool ran out of
membership key fobs and has processed just over 100 memberships
Council member Hoover questioned the definition of family and referenced the registration listing forty
people in their family. Town Attorney Adams explained that the Ordinance did not define family
therefore Staff relies on Webster's definition . Parks Director Adam Adams added that the majority of the
forty people listed on this registration are family ; however, not all are living here. Adam said that they are
not seeing any more high numbers on the registrations and the registration software will produce a report
with the number of family members listed on the permits
Acting Town Manager Seidel stated that staff is taking notes on how to better prefect the process for next
year.
Town Council Minutes dated June 7,2010 5
8. 2010-299-T Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
Mayor White provided the following updates:
• The Joint Session with TCMU D No . 1 was held on May 19, 2010. Considering all Council
members were in attendance , no update was necessary
• Metroport Cities Partnership met at the Southlake Police and Fire Building. The presenter was
from the FBI and spoke on homeland security .
• Northeast Leadership Forum Mayors Roundtable discussed city layoffs. The City of Keller had 60
employee lay offs last year and most cities are seeing a significant decrease in appraisal values .
• Rotary was held in Solana and Mayor White gave a speech on the Town of Trophy Club
• Mayors Luncheon hosted by JPS Health Network was held Downtown Fort Worth . The hospital
received a Level 1 Trauma Rating and now has more opportunity for research . Burn victims will
still go to Parkland .
• Ribbon Cutting -Bobcat Blvd . Mayor White was impressed with the turnout Council member
Rose appreciates the Trophy Club city limit signs
• New Council member Orientation -Staff put together orientation for the new Council members.
Mayor White found the orientations to be very interesting and enlightening.
• Chamber Luncheon -Westlake Mayor Wheat gave a presentation of Westlake Academy and
took pride that the Academy just graduated their first Senior Class this year. Superintendent , Dr .
Rue gave a presentation on Northwest High School Valedictorians from both schools were in
attendance .
Mayor White congratulated Medlin Middle School's DI Team in receiving a Global Championship .
Mayor White introduced Carol Jansen who will be heading up a volunteer program.
9. 2010-301-T Items for Future Agendas.
Council member Stotts asked that Staff provide an update regarding the amenity lakes. Acting Town
Manager Seidel informed the council that Staff is already working on this and has scheduled a meeting
with the developer to discuss .
Mayor White questioned the status on #3 Library Focus Group. Acting Town Manager Seidel stated that
he has had limited discussions with the School District as they requested to first get an idea of how the
first school year went. Council member Cantrell volunteered to help with this item .
EXECUTIVE SESSION
Mayor White announced that the Council would be convening into Executive Session
Motion made by Cantrell , seconded by Hoover to hold discussions in Open Session .
Council member Cantrell stated that she believes in transparency government.
Motion passed unanimously without further discussion.
Council did not convene into Executive Session.
10. 2010-302-T Council to convene into executive session to discuss or deliberate the
appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a
Town Council Minutes dated June 7,2010 6
public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings
Act Personnel Matters (§551.074(a)(1»:
(1) Appointment of Mayor Pro Tern.
11. 2010-303-T Consider and take appropriate action regarding the Executive Session, Item
#2010-302.
Motion made by Cantrell , seconded by Hoover to appoint Council Member Rose as Mayor Pro Tem .
Mayor Pro Tem Strother advised that he sent an email to Mayor White asking that he may be allowed to
continue as Mayor Pro Tem . Strother said that he respects Council member Rose's time and dedication ,
however considering his seniority, Strother asked the Council to consider reappointment.
Mayor White explained her understanding of the process and that this position rotates between Council
members. Town Attorney Adams advised that the Charter does not specify how the rotation is to occur
and only that requires that the Council take action electing a Mayor Pro Tem at its first meeting after the
election . The election of Mayor Pro Tem did not occur until August last year , as that was the first meeting
that there was a full Council in attendance.
Mayor White appreciates Strother's service; but would hate to stray from Council's standing practice of
rotating this position
Mayor Pro Tem Strother requested that he be able to serve as Pro Tem until mid-July .
Council member Cantrell amended the motion with the effective date of August 1 , 2010 The second
agreed .
Motion and amendment passed unanimously without further discussion .
ADJOURN
Motion to adjourn made by Hoover, seconded by Cantrell to adjourn at 9 : 12 p .m .
v't;Si e nnek , Town Secr ~ tonnie White, Mayor
Town of Trophy Club , Texas Town of Trophy Club, Texas
Town Council Minutes dated June 7 , 2010 7