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Minutes TC 02/07/2011MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 7, 2011 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, February 7, 2011. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Mayor Pro Tem Margi Cantrell Council Member Larry Hoover Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: J D Stotts Council Member STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Danny Thomas Fire Chief Kathy Dubose Finance Director Carolyn Huggins Community Development Director Mayor White announced the date of February 7, 2011; called the meeting to order and announced a quorum at 6:09 p.m. WORKSHOP SESSION· 6:00 P.M. 1. 2011-47-T Discussion of Code of Ethics and Conduct Ordinance posted on the Regular Session Council Agenda for February 7, 2011. Mayor White led the Council through the proposed Ordinance page by page. Council continued reviewing the document and making changes throughout the workshop. Council took a short break and reconvened into Regular Session. 2. 2011-48-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 7, 2011. CONVENE INTO REGULAR SESSION· START TIME 7:17 P.M. Mayor White announced the absence of Council member Stotts. The Invocation was offered by Council member Strother. The Pledges were led by Fire Chief Danny Thomas. 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. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. No citizen presentations were made. PRESENTATIONS 3. 2011-52-T Presentation from Baylor Regional Medical Center President Doug Lawson on Hospital and Health Care Updates; discussion of same. President Doug Lawson thanked both Council and Staff for their support of the Town. Mr. Lawson provided Baylor Hospital and Health Care Updates and addressed questions from the Council. 4. 2011-58-T Presentation of the first quarter report for 2010-2011 fiscal year through December 2010: discussion of same. Finance Director Kathy DuBose presented Council with the FY 2010-2011 first quarter report and answered questions from the Council. Presentation included in the minutes. CONSENT AGENDA 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. Request made by Mayor Pro Tem Rose to remove agenda item 7 from the consent agenda. 5. 2011-49-T Consider and take appropriate action regarding the Minutes dated January 3,2011. 6. 2011-50-T Consider and take appropriate action regarding the Council Retreat Minutes dated January 7, 2011. Motion made by Council member Strother, seconded by Mayor Pro Tem Rose, to approve consent agenda items 5 and 6 as presented. Motion carried unanimously without further discussion. 7. 2011-51-T Consider and take appropriate action regarding the Minutes dated January 17, 2011. Motion made by Mayor Pro Tem Rose, seconded by Council member Strother to approve consent agenda item 7 as amended. Motion carried unanimously without further discussion. REGULAR SESSION 8. 2011-40-T Consider and take appropriate action regarding granting a Special Privilege Request to the Trophy Club Women's Club to hold two Community Garage Sale Events in 2011. Applicant: Rebecca Freed on behalf of Trophy Club Women's Club. February 7, 2011 Regular Session Minutes Page 2 of 6 Community Development Director Carolyn Huggins stated that Planning & Zoning Commission met earlier today and voted unanimously to recommend approval of this request. Motion made by Mayor Pro Tem Rose seconded by Council member Cantrell, to grant a Special Privilege Request for the Trophy Club Women's Club to hold two Community Garage Sale Events in 2011 on the dates of Saturday, March 26, 2011 and Saturday, October 8, 2011 and to waive the $25 event fee. Motion carried unanimously without further discussion. 9. 2011-53-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas, amending the Code of Ordinances of The Town by adding Article XVII entitled "Code of Ethics and Conduct" to Chapter 1 entitled "Administration" of the Code of Ordinances by adopting an Ethics Policy, establishing an Ethics Commission, and providing for the disposition of alleged violations; providing a penalty; and providing an effective date. Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Ordinance 2011-03 Code of Ethics and Conduct. Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to amend Section 17.06 (J) to include independent legal counselor Town Attorney. Motion carried unanimously without further discussion. Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to amend Section 17.06 (A) and 17.06 (B). Mayor Pro Tem Rose removed his second. Council member Hoover restated his motion, seconded my Council member Cantrell, to amend Section 17.06 (A) to read "An Ethics Review Commission (Commission) is hereby established to be composed of three (3) members and two (2) alternate members, all of whom shall reside in the Town" and Sections B, C and F changed to support Section A. Mayor Pro Tem Rose clarified that the verbiage "majority vote" is included in the wording. Motion carried unanimously without further discussion. Motion made by Mayor Pro Tem Rose, seconded Council member Hoover to amend Section 17.06 (B). Motion carried unanimously without further discussion. Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover to amend Section 17.06 (C) to state Position 1's term to expire in 2012, Position 2's term to expire in 2013 and Position 3 and the alternates' term to expire in 2014. Motion carried unanimously without further discussion. Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover to amend Section 17.06 (F) to read three (3) members of the Commission shall constitute a quorum, and no action of the Commission shall be of any force or effect unless it is adopted by the favorable vote of two (2) or more members. Motion carried unanimously without further discussion. Motion made by Council member Hoover, seconded by Council member Strother to amend Section 17.07 (J), Paragraph 2 to replace "evidence properly admitted in the record" with '~estimony presented". Motion carried unanimously without further discussion. Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose to amend Section 17.07 (J), Paragraph 2 to include "Parties to the proceeding may present testimony and". Motion carried unanimously without further discussion. Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to amend Section 17.07 (J) Paragraph 3 to remove the word "such" from sentence 1 and to rewrite sentence 3 to read "Additionally, February 7, 2011 Regular Session Minutes Page 3 of 6 the Commission may administer oaths and affirmations and make take testimony at the final hearing." Motion carried unanimously without further discussion. Motion made by Council member Hoover, seconded by Council member Cantrell to amend Section 17.11 (A) to read after ($2,000.00) "for each offense," and strike the remainder of the proposed sentence. Motion carried unanimously without further discussion. Mayor Pro Tem Rose amended the main motion, seconded by Council member Hoover, to include the amendments that have been voted upon. Motion carried unanimously. 10. 2010-691-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending the FY 2010-2011 Budget of the Town of Trophy Club, Texas; providing for the incorporation of premises; providing for an amendment to appropriate funds needed to pay engineering costs related to capital improvements at Harmony Park (Budget Amendment No.1 making a supplemental appropriation in accordance with the Town Charter); providing a savings and repealer clause; providing for severability; providing for engrossment and enrollment; and providing an effective date. In 2007, the Town of Trophy Club issued $474,000 in bonds for capital improvements at Harmony Park. During the construction of the improvements, the scope of the project was expanded to substantially increase the parking lot from the original plan. The expansion required additional design and construction engineering which caused an overage in the original cost estimate. This budget amendment appropriates an additional $35,800 for engineering services provided for that project. This budget amendment provides the necessary appropriation to address the additional engineering costs. Motion made by Council member Strother, seconded by Council member Hoover, to approve Ordinance 2011-04, increasing the budget on the Harmony Park Project by $35,800. Motion made by Mayor Pro Tem Rose to amend the motion to include the revised amended Exhibit A. Council member Strother amended his original motion, seconded by Mayor Pro Tem Rose, to include the revised Exhibit A, which states the funds will be appropriated from the Town's General Fund balance. Motion carried unanimously. 11. 2011-54-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending the FY 2010-2011 Budget of the Town of Trophy Club, Texas; providing for the incorporation of premises; providing for an amendment to appropriate revenue as needed to pay increased costs of Denton County Police dispatch services provided to the Town (Budget Amendment No.2 making a supplemental appropriation in accordance with the Town Charter); providing a savings and repealer clause; providing for severability; providing for engrossment and enrollment; and providing an effective date. This ordinance amends the FY 2010-2011 Town budget by increasing the appropriations for developer fee revenue to offset the cost of an intergovernmental communications and dispatch agreement with Denton County. The Town's current budget was estimated in anticipation of fewer Highlands Neighborhoods being developed than those which were actually brought forward in November 2010. The additional developer fees exceeding the annual budget estimate. This budget amendment ordinance updates the current year revenue budget for developer fees to appropriate a portion of the amount received in excess of the original budget by $31,766 to pay the costs of the intergovernmental agreement with Denton County. February 7, 2011 Regular Session Minutes Page 4 of 6 Motion made by Mayor Pro Tem Rose, seconded by Council Member Hoover, to approve Ordinance 2011-05 Budget Amendment No.2. Motion carried unanimously without further discussion. 12. 2011-55-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement between Denton County and the Town of Trophy Club for participation in a Shared Governance Communication and Dispatch Services System; authorizing the payment of a fee not to exceed $31,766 for the costs of those services for the term of the Agreement; authorizing the Mayor or her designee to execute necessary documents and providing an effective date. Denton County Sheriff's Office provides dispatch services for police, fire, and EMS agencies throughout Denton County. There is a need to increase staffing at the sheriffs office in order to provide additional services to these agencies. This interlocal agreement will provide for a service fee to be paid by the Town of Trophy Club to Denton County for the dispatch services provided. Motion made by Mayor Pro Tem Rose, seconded by Council member Strother, to approve the 2010-11 Combined Communications Contract in the amount of $31,766 with the amendment that on item 3, Term of Agreement where it states ''The initial term of this Agreement shall be for a one year period beginning March 1, 2011 and ending on September 30, 2011." The words "one year" be struck. Council member Strother removed his second; Mayor Pro Tem Rose removed his primary. Motion made by Mayor Pro Tem Rose, seconded by Council member Strother, to approve the 2010-11 Combined Communications Contract not to exceed $31,766. Motion carried unanimously. 13. 2011-56-T Consider and take appropriate action regarding a Resolution approving the execution of a Participation Agreement between the Town and the Standing Steering Committee comprised of cities served by Oncor Electric Delivery Company; Designating the Town Manager as the Representative for the Town; Authorizing the Town Manager to execute the Participation Agreement; and providing an effective date. Motion made by Mayor Pro Tem Rose, seconded by Council Member Cantrell, to approve Resolution 2011-02. Motion carried unanimously without further discussion. 14. 2011-57-T Consider and take appropriate action regarding a Resolution suspending the February 14, 2011 effective date of On cor Electric Delivery Company's requested rate change to permit the Town to study the request and establish reasonable rates; approving cooperation with the Steering Committee of Cities served by Oncor; retaining legal and consulting services to negotiate with Oncor; and providing an effective date. Motion made by Council Member Cantrell, seconded by Mayor Pro Tem Rose, to approve Resolution 2011-03 suspending the February 14, 2011 effective date of Oncor Electric Delivery Company's requested rate change. Motion carried unanimously without further discussion. 15. 2011-59-T Consider and take appropriate action regarding the regularly scheduled Town Council meeting of Monday, February 21, 2011. Motion made by Council Member Cantrell, seconded by Council member Hoover, to move the regularly scheduled meeting from Monday, February 21, 2011 to Thursday, February 24, 2011. Motion carried unanimously without further discussion. February 7,2011 Regular Session Minutes Page 5 of 6 16. 2011-61-T Town Manager Slye's update regarding the following; discussion ofthe same. -Storm Report -Council Retreat Reschedule Update -Local Election Filing Period Update -Drainage Study Update Town Manager Slye updated the Council and answered questions. No action taken, update only. 17. 2011-62-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Mayor White gave a brief update of the meetings she attended since the last Council meeting. No action taken, update only. 18. 2011-63-T Receive Mayor Pro Tern Rose's liaison report regarding the January 18, 2011 TCMUD No.1 Meeting; discussion of same. -Water Conservation -Future Water Storage -Rate Order Modification Mayor Pro Tern Rose updated the Council and answered questions. No action taken, update only. 19. 2011-64-T Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. No changes were made to the Future Agenda items list. ADJOURN Motion made by Council member Hoover, seconded by Mayor Pro Tern Rose to Adjourn. Meeting adjourned at 9:54 p.m. annon DePrate own Secretary tonnie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas February 7, 2011 Regular Session Minutes Page 6 of 6 Qu a r t e r l y F i s c a l R e p o r t Qu a r t e r l y F i s c a l R e p o r t Fe b r u a r y 7 , 2 0 1 1 Fe b r u a r y 7 , 2 0 1 1 20 1 0 20 1 0 -- 20 1 1 F i s c a l Y e a r 20 1 1 F i s c a l Y e a r Fi r s t Q u a r t e r E n d i n g Fi r s t Q u a r t e r E n d i n g De c e m b e r 2 0 1 0 De c e m b e r 2 0 1 0 To w n o f T r o p h y C l u b To w n o f T r o p h y C l u b 20 1 0 20 1 0 -- 20 1 1 B u d g e t 20 1 1 B u d g e t $ 1 3 , 4 2 2 , 9 1 3 $ 1 3 , 4 2 2 , 9 1 3 St o r m D r a i n a g e U t i l i t y $2 4 8 , 0 0 0 G e n e r a l F u n d $6 , 0 3 4 , 9 6 1 T r o p h y C l u b P a r k $126,000 D e bt S er v i ce $1 , 3 9 2 , 3 3 0 Capital Projects $5,061,930 EDC 4B $124,595 Hotel/Occupancy Tax $20,050EDC 4A $288,774 St r e e t M a i n t e n a n c e Sa l e s T a x $1 2 6 , 2 7 3 To w n o f T r o p h y C l u b To w n o f T r o p h y C l u b 20 1 0 20 1 0 -- 20 1 1 B u d g e t 20 1 1 B u d g e t % o f T o t a l % o f T o t a l St r e e t M a i n t e n a n c e Sa l e s T a x 1% EDC 4A 2%Hotel Occupancy Tax .2%EDC 4B 1%Capital Projects 38% De b t S er v i c e 10 % T r o p h y C l u b P a r k 1% G e n e r a l F u n d 45 % St o r m D r a i n a g e U t i l i t y 1. 8 % 20 1 0 20 1 0 -- 20 1 1 G e n e r a l F u n d B u d g e t 20 1 1 G e n e r a l F u n d B u d g e t Re v e n u e s $ 6 , 1 5 5 , 0 9 9 Re v e n u e s $ 6 , 1 5 5 , 0 9 9 Building Permits $504,000 EMS & Municipal Court $300,633 Developers Fees $50,000 Fr a n c h i s e F e e s $565,200 Sa l e s T a x $5 1 7 , 4 5 0 Transfers & Other Revenue $593,018 Pr o p e r t y T a x $3 , 4 3 5 , 9 9 8 Re c r e a t i o n Pr o g r a m s $1 8 8 , 8 0 0 20 1 0 20 1 0 -- 20 1 1 G e n e r a l F u n d B u d g e t 20 1 1 G e n e r a l F u n d B u d g e t Re v e n u e s % o f T o t a l Re v e n u e s % o f T o t a l Transfers & Other Revenue 10 % Re c r e a t i o n Pr o g r a m s 3% EM S & M u n i c i p a l Court 5%Developers Fees 1% Fr a n c h i s e F e e s 9% Sa l e s T a x 8% Building Permits 8% Pr o p e r t y T a x 56 % Ge n e r a l F u n d R e v e n u e s Ge n e r a l F u n d R e v e n u e s Bu d g e t $ Bu d g e t $ 20 1 1 Y T D 20 1 1 Y T D Over/(Under)Over/(Under) Pr o p e r t y T a x 3, 4 1 8 , 9 9 8 75 8 , 5 2 0 (2,660,478) Sa l e s T a x 51 7 , 4 5 0 37 , 0 0 4 (480,446) Fr a n c h i s e F e e s 56 5 , 2 0 0 7, 3 8 1 (557,819) Bu i l d i n g P e r m i t s 50 4 , 0 0 0 12 5 , 4 8 4 (378,516) De v e l o p e r F e e s 50 , 0 0 0 82 , 8 3 3 32,833 EM S & M u n i c i p a l C o u r t 30 0 , 6 3 3 73 , 3 0 3 (227,330) MU D S e r v i c e C o n t r a c t 22 8 , 0 7 6 11 4 , 0 3 8 (114,038) Tr a n s f e r s & O t h e r R e v 38 9 , 4 4 2 18 , 2 0 5 (371,237) Re c r e a t i o n P r o g r a m s 18 1 , 3 0 0 17 8 (181,122) To t a l To t a l 6, 1 5 5 , 0 9 9 6, 1 5 5 , 0 9 9 1, 2 1 6 , 9 4 6 1, 2 1 6 , 9 4 6 (4,938,153)(4,938,153) To w n o f T r o p h y C l u b To w n o f T r o p h y C l u b Ge n e r a l F u n d E x p e n d i t u r e s Ge n e r a l F u n d E x p e n d i t u r e s $ 6 , 0 3 4 , 9 6 1 $ 6 , 0 3 4 , 9 6 1 20 1 0 20 1 0 -- 20 1 1 20 1 1 Bu d g e t $ Bu d g e t $ %% Pa r k s & R e c r e a t i o n 1, 5 2 7 , 6 6 5 25 Po l i c e 1, 4 6 8 , 4 8 9 24 EM S 67 6 , 8 9 1 11 St r e e t s 39 8 , 4 4 6 7 Co m m u n i t y D e v e l o p m e n t 33 5 , 9 0 0 6 73%73% Ge n e r a l F u n d E x p e n d i t u r e s Ge n e r a l F u n d E x p e n d i t u r e s 2010 2010 --2011 2011 Ad o p t e d B u d g e t $ 6,034,961 Le s s : E x p e n d i t u r e s T h r o u g h 1 2 / 3 1 / 1 0 (1,273,316) Un e x p e n d e d B u d g e t $ 4,761,645 $ 4,761,645 To w n o f T r o p h y C l u b To w n o f T r o p h y C l u b Ge n e r a l F u n d 2 0 1 0 Ge n e r a l F u n d 2 0 1 0 -- 20 1 1 20 1 1 Bu d g e t Bu d g e t 3 3 -- Month Month YT D YT D 25%25%Fiscal Yr Fiscal Yr Re v e n u e s $ 6 , 1 5 5 , 0 9 9 $ 1 , 2 1 6 , 9 4 6 20% Ex p e n d i t u r e s (6 , 0 3 4 , 9 6 1 ) (1 , 2 7 3 , 3 1 6 ) 21% Re v e n u e s o v e r Ex p e n d i t u r e s $ 1 2 0 , 1 3 8 $ 1 2 0 , 1 3 8 $ ( 5 6 , 3 7 0 ) $ ( 5 6 , 3 7 0 )