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HomeMy WebLinkAboutFebruary 5, 2008 Regular Session BackupTown of Trophy Club Municipal Utility District No.1 Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Tuesday, February 5, 2008 6:00 P.M. A.1 Call to Order and Announce a Quorum. A.2 Public Comments or Presentations. B.1 Discuss and take appropriate action to approve bank's resolution, amending authorized representatives on First Financial Bank and Texpool signature accounts. B.2 Discuss and take appropriate action concerning a Joint Election Agreement and Order 2008-0205, calling a Joint Election for May 10, 2008 for the purpose of electing three (3) Council Members for two (2) year terms each to the Trophy Club Town Council; for electing two (2) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 1 Board, and for electing three (3) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 2. Board. B.3 Discuss and take appropriate action regarding acceptance of the 2006-2007 fiscal year-end financial audit for Trophy Club Municipal Utility District No. 1. B.4 Discuss and take appropriate action concerning the Trophy Club Stormwater Management Plan. B.5 Discuss and take appropriate action concerning setting up a separate account for monies received from Centurion American. (Neil Twomey) B.6 Discuss and provide update on the Buxton Study (Neil Twomey) B.7 Discuss and take appropriate action concerning proposed improvements and additions to the fire station and to consider the advisability and method of financing thereof. C.1 Receive District Manager's Report a. Items to be placed on future agendas C.2 Receive Finance Director's Report D.1 Review and Approve Minutes a. January 8, 2008 - Regular Session minutes D.2 Review and Approve Disbursements and Variance Report a. November 2007 D.3 Review Monthly Tax Collection Report a. December 2007 D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, March 11 or April 8, 2008, 6:00 p.m. E.1 Closed meeting of the Board of Directors in accordance with Section 551.071 Tex. Gov. Code: Adjourn into closed meeting for the Board to conduct a private consultation with its attorney for the following purpose: To seek advice of the attorney concerning future MUD 1 plans. F.1 Discuss and take appropriate action regarding discussions held in Closed Session. F.2 Adjourn. MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No.A.1 Call to Order and Announce a Quorum. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No.A.2 Public Comments or Presentations. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. B.1 Discuss and take appropriate action to approve bank's resolution, amending authori ed representatives on First Financial Bank and Texpool signature accounts. z EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (smd) Attachments: 1. Backup MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. B.2 Discuss and take appropriate action concerning a Joint Election Agreement and Order 2008-0205, calling a Joint Election for May 10, 2008 for the purpose of electing three (3) Council Members for two (2) year terms each to the Trophy Club Town Council; for electing two (2) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 1 Board, and for electing three (3) Directors for four (4) year terms each to the Trophy Club Municipal Utility District No. 2. Board. (lr) Attachments: 1. Joint Election Order 2. Joint Election Agreement TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ORDER NO. 2008-0205 AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN THE TOWN OF TROPHY CLUB, TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, TO BE HELD ON MAY 10, 2008, FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS FOR TWO (2) YEAR TERMS EACH TO THE TOWN COUNCIL, FOR ELECTING TWO (2) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD FOR FOUR (4) YEAR TERMS EACH, AND FOR ELECTING THREE (3) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 BOARD FOR FOUR (4) YEAR TERMS EACH; DESIGNATING A POLLING PLACE WITHIN THE TOWN; APPOINTING A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the second Saturday of May as a Uniform Election Date for the purposes of conducting a General or Special Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a political subdivision shall be the authority to order a General or Special Election; and WHEREAS, the Trophy Club Municipal Utility District No. 1 Board of Directors desires to and hereby calls a Joint General Election for the purpose of electing three (3) Council Members for two (2) year terms each to the Town of Trophy Club Town Council, and for electing two (2) Directors for four (4) year terms each to the Board of Directors of Trophy Club Municipal Utility District No. 1, and for electing three (3) Directors for four (4) year terms each to the Board of Directors of Trophy Club Municipal Utility District No. 2; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 45th day before Election Day; and WHEREAS, Section 83.006 of the Texas Election Code provides that the authority ordering the election shall appoint the Early Voting Clerk in Elections; and WHEREAS, Section 32.001 of the Texas Election Code provides for the appointment of a Presiding Election Judge and an Alternate Presiding Election Judge to conduct voting in each precinct where an election is held; and WHEREAS, Section 87.001 of the Texas Election Code provides for the creation of an Early Voting Ballot Board; and WHEREAS, Section 87.002 of the Texas Election Code provides for the appointment of the Early Voting Ballot Board Judge; and WHEREAS, Section 271.002 of the Texas Election Code and Section 49.104 of the Texas Water Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places. A copy of the agreement is attached hereto and incorporated herein as Exhibit A. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1: SECTION 1 INCORPORATION All of the above premises are true and correct and are hereby incorporated in the body of this Order as if fully set forth herein. SECTION 2 DATE OF ELECTION It is hereby ordered that a Joint General Election (the “Election”) shall be held in and throughout the Town of Trophy Club and the Trophy Club Municipal Utility Districts on Saturday, May 10, 2008. SECTION 3 PURPOSE OF ELECTION The purpose of such Joint General Election is to elect three (3) Council Members for two (2) year terms each to the Town of Trophy Club Town Council, and to elect two (2) Directors for four (4) year terms each to the Board of Directors of Trophy Club Municipal Utility District No. 1, and to elect three (3) Directors for four (4) year terms each to the Board of Directors of Trophy Club Municipal Utility District No. 2. SECTION 4 ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, at least 18 years of age on the first day of the term to be filled at the Election, has not been determined mentally incompetent by a final judgment of a court, has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate’s application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write in candidate. Additional requirements are as follows: A. Council Member: As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy Club Town Charter, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, at least 21years of age on the first day of the form to be filed for candidacy or date of appointment, has not been determined mentally incompetent by a final judgment of a court, has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, and resides and has resided continuously in the State of Texas for twelve (12) months immediately preceding the election within the corporate limits of the Town for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write in candidate. B. Municipal Utility District Directors: (1) Must own land subject to taxation in the district for which they are filing; or (2) Must be a qualified voter within the District; and (3) Must not otherwise be disqualified from serving as a member of the Board of a Municipal Utility District pursuant to Section 49.052 of the Texas Water Code, as amended. SECTION 5 APPLICATION FOR A PLACE ON THE BALLOT Pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 9, 2008, and not later than 5:00 p.m. on March 10, 2008. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. SECTION 6 RUNOFF ELECTION If two (2) or more candidates tie for the number of votes required to be elected, there shall be a runoff election held on June 2 and July 5, 2008. The runoff election shall be held in accordance with the Texas Election Code. SECTION 7 POLLING PLACE AND HOURS The polling place for the Election shall be the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas. Denton County Election Precincts Polling Place 400 and 401 “Svore” Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, 76248 Tarrant County Election Precincts Polling Place 3286 “Svore” Trophy Club Municipal Utility District Building, 100 Municipal Drive, Trophy Club, Texas, 76248 In accordance with Section 41.031(a) of the Texas Election Code, such polling place shall be open between the hours of 7:00 a.m. and 7:00 p.m. on the date of the Election. SECTION 8 APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE The following named individuals, residing at the respective addresses, are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the Election: Presiding Election Judge Pam Irwin 543 Indian Creek Drive Trophy Club, TX 76262 Alternate Presiding Election Judge Judy Williams 215 Phoenix Drive Trophy Club, TX 76262 All Election Judges shall be qualified voters of the Town. The Town Secretary shall, in accordance with Section 32.009 of the Texas Election Code, deliver to the Presiding Election Judge and the Alternate Presiding Election Judge notice of their appointment not later than twenty (20) days from the effective date of this Order. SECTION 9 APPOINTMENT OF CLERKS The Election Judge herein appointed shall appoint not less than two (2) nor more than six (6) qualified election clerks to serve and assist in the conduct of the Election; provided, however, that if the Election Judge named herein actually serves, the Alternate Election Judge shall serve as one of the clerks. All election clerks shall be qualified voters of the Town. SECTION 10 COMPENSATION OF THE JUDGE AND CLERKS As provided for in Section 32.091 of the Texas Election Code, the Election and Alternate Judges shall be compensated at the rate of ($10.00) per hour and the election workers shall be compensated at the rate of ($8.00) per hour. Any payment referred to in this Section shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. SECTION 11 METHOD OF VOTING The Town Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the Election. Voting at the Election shall be by use of electronic system ballots. Preparation of the official ballots for the Election shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for three (3) Town of Trophy Club Council Members for two (2) year terms each, and two (2) Directors to the Board of Directors of Trophy Club Municipal Utility District No. 1 for four (4) year terms each, OR three (3) Town of Trophy Club Council Members for two (2) year terms each, and three (3) Directors to the Board of Directors of Trophy Club Municipal Utility District No. 2 for four (4) year terms each, depending upon the Municipal Utility District in which the voter resides. No elector shall vote for more than three (3) Town of Trophy Club Council Members. No elector shall vote for more than two (2) Directors to the Board of Directors of Trophy Club Municipal Utility District No. 1. No elector shall vote for more than three (3) Directors to the Board of Directors of Trophy Club Municipal Utility District No. 2. SECTION 12 GOVERNING LAW; QUALIFIED VOTERS The Election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident, qualified electors of the Town shall be eligible to vote at the election. Election materials shall be printed in both English and Spanish for use at the polling place and for Early Voting for the Election. SECTION 13 PUBLICATION AND POSTING OF NOTICE Notice of the Election shall be given by posting a Notice of Election in both English and Spanish at the Trophy Club Municipal Utility District Building, on the bulletin board or other location used for posting notices of the meetings of the Town Council not later than twenty-one (21) days prior to the date upon which the Election is to be held, and by publication of said notice at least once in a newspaper published in the Town or if none, then in a newspaper of general circulation within the Town, the date of said publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the Election. Upon publication of the election notice, the Town Secretary shall secure a publisher's affidavit which complies with the requirements of the Texas Election Code. In addition thereto, a copy of the notice shall also be filed with the Town Secretary at least twenty-one (21) days before the Election. SECTION 14 EARLY VOTING Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby appointed the Early Voting Clerk, at 100 Municipal Drive, Trophy Club, Texas. For the period Early Voting for the Election is permitted by law, the Early Voting Clerk shall keep such office open for Early Voting on the following days: Monday, April 28th Tuesday, April 29th Wednesday, April 30th Thursday, May 1st Friday, May 2nd Saturday, May 3rd Monday, May 5th Tuesday, May 7th 8 a.m. – 5 p.m. 7 a.m. – 7 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 12 p.m. 8 a.m. – 5 p.m. 7 a.m. – 7 p.m. Early voting will not be conducted on any other Saturday, or on any Sunday or official State and/or national holiday during the period of early voting. Application for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than March 11, 2008 and not later than the close of regular business in the Early Voting Clerk's office or 5:00 p.m., whichever is later, on May 2, 2008. Early voting, both by personal appearance and by mail, shall be by use of electronic system ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voters to vote for three (3) Town of Trophy Club Council Members for two (2) year terms each, and two (2) Directors to the Trophy Club Municipal Utility District No. 1 for four (4) year terms each, OR three (3) Town of Trophy Club Council Members for two (2) year terms each, and three (3) Directors to the Trophy Club Municipal Utility District No. 2 for four (4) year terms each, depending upon the Municipal Utility District in which the voter resides. No elector shall vote for more than three (3) Town of Trophy Club Council Members for a two (2) year term. No elector shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No. 1. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal Utility District No. 2. The Early ballots shall be canvassed by the Early Ballot Board, which is hereby created. The Election Judge and the Alternate Election Judge appointed herein shall serve as the Presiding Officer and the Alternate Presiding Officer, respectively of the Early Ballot Board. The other election officers serving at the Election shall serve as the other members of the Early Ballot Board for the Election. SECTION 15 DELIVERY OF RETURNS Pursuant to Section 66.051 of the Texas Election Code, immediately after the closing of the poll on the day of the Election, the election officers named in this Ordinance shall make four (4) copies of the returns. The returns shall be delivered as follows: one (1) copy shall be retained by the Election Judge, one (1) copy shall be delivered to the President of Trophy Club Municipal Utility District No. 1, one (1) copy shall be delivered to the voter registrar, and (1) one copy (along with ballot boxes and election supplies) shall be delivered to the Town Secretary. All election records and supplies shall be preserved by the Town Secretary in accordance with the Texas Election Code. SECTION 16 CANVASSING OF RETURNS In accordance with Section 67.003(2) of the Texas Election Code, the Town Council shall convene on May 19, 2008 at 7:00 p.m. to canvass the returns of the Election. Trophy Club Municipal District No. 1 and Trophy Club Municipal District No. 2 shall convene at appropriately posted meetings to canvass their respective returns. SECTION 17 NECESSARY ACTIONS The Mayor, Town Council, and Town staff, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 18 JOINT ELECTION AGREEMENT Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a Joint Election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places. A copy of the Joint Election Agreement between the Town of Trophy Club, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal District No. 2, is attached hereto as Exhibit “A” and is incorporated herein. SECTION 19 CUMULATIVE CLAUSE This Order shall be cumulative of all provisions of Orders of Trophy Club Municipal Utility District No. 1, except where the provisions of this Order are in direct conflict with the provisions of such other orders, in which event the conflicting provisions of such other orders are hereby repealed. SECTION 20 SEVERABILITY CLAUSE It is hereby declared to be the intent of the Board of Directors of Trophy Club Municipal Utility District No. 1 that the phrases, clauses, sentences, paragraphs, and sections of this Order are severable, and if any phrase, clause, sentence, paragraph, or section of this Order shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Order, since the same would have been enacted by the Board of Directors without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 21 EFFECTIVE DATE This Order shall become effective from and after its date of passage and publication in accordance with law. AND IT IS SO ORDAINED PASSED AND APPROVED by the Board of Directors of Trophy Club Municipal Utility District No. 1 this 5th day of February 2008. ________________________________ DEAN HENRY, President Trophy Club Municipal Utility District No. 1 ATTEST: ____________________________________ CONSTANCE WHITE, Secretary Trophy Club Municipal Utility District No. 1 [SEAL] APPROVED AS TO FORM: ____________________________________ Robert G. West, District Attorney Trophy Club Municipal Utility District No. 1 “Exhibit A” JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TO CONDUCT A JOINT ELECTION TO BE HELD ON MAY 10, 2008 This Joint Election Agreement is entered into this 5TH day of February 2008, by and between the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2, to conduct a Joint Election to be held on May 10, 2008, in Trophy Club, Texas. WITNESSETH: WHEREAS, the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2 desire to conduct an Election on May 10, 2008, for the purpose of electing three (3) Council Members to the Trophy Club Town Council for a two (2) year term each, and two (2) Directors to the Board of Municipal Utility District No. 1 for a four (4) year term each, and three (3) Directors to the Board of Municipal Utility District No. 2 for a four (4) year term each; and WHEREAS, pursuant to Chapter 271, Texas Election Code, if an Election ordered by the authorities of two or more political subdivisions is to be held on the same day in all or part of the same territory, the governing bodies of the political subdivisions may enter into an Agreement to hold the Election jointly in the election precincts that can be served by common polling places; and WHEREAS, in accordance with Chapter 271 of the Texas Election Code, the Town of Trophy Club, Texas, the Trophy Club Municipal Utility District No. 1, and the Trophy Club Municipal Utility District No. 2, mutually desire to enter into a Joint Election Agreement for an election to be held on May 10, 2008. NOW, THEREFORE, for and in consideration of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2 (the “Participants”) do hereby agree as follows: TERMS: 1. Administration: The Town Secretary of the Town of Trophy Club shall coordinate, supervise and handle all aspects of administering the Joint Election. Such duties shall include the preparation of election orders, resolutions, notices, ballots, bilingual materials and any other pertinent election documents, in accordance with the provisions of the Texas Election Code and as outlined in this Agreement. The Town Secretary shall be responsible for any submission required by the Federal Voting Rights Act of 1965, as amended, with regard to the administration of the Joint Election; any other changes which require preclearance under the Federal Voting Rights Act of 1965, as amended, shall be the responsibility of each of the individual Participants. 2. Location of Common Polling Places: The polling place for the Joint Election shall be the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas. 3. Allocation of Election Expenses: The Participants agree to share all costs of administering the May 10, 2008 Joint Election, including but not limited to all costs incurred in preparing such Joint Election, based upon the following pro rata portion: Town of Trophy Club 34% Trophy Club Municipal District No. 1 33% Trophy Club Municipal District No. 2 33% The cost of any special request which is not agreed upon by all Participants shall be borne by that Participant in its entirety. In the event of a runoff election, the Participant requiring the runoff shall be responsible for all costs associated with administering such election. 4. Appointment and Compensation of Election Officers: The following named individuals, residing at the respective addresses, are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the Election: Presiding Election Judge Pam Irwin 543 Indian Creek Drive Trophy Club, TX 76262 Alternate Presiding Election Judge Judy Williams 215 Phoenix Drive Trophy Club, TX 76262 All Election Judges shall be qualified voters of the Town. The Town Secretary shall, in accordance with Section 32.009 of the Texas Election Code, deliver to the Presiding Election Judge and the Alternate Presiding Election Judge, notice of their appointment in accordance with law. The Election Judge herein appointed shall appoint not less than two (2) nor more than ten (10) qualified election clerks to serve and assist in the conduct of the Election, provided, however, that if the Election Judge named herein actually serves, the Alternate Election Judge shall serve as one of the clerks. All election clerks shall be qualified voters of the Town. As provided for in Section 32.091 of the Texas Election Code, the Election Judge shall be compensated at the rate of nine and no/100 dollars and ($9.00) per hour on election day and seven and no/100 dollars ($7.00) per hour for services performed as an election clerk during the early voting period. The Alternate Election Judge, shall be compensated at the rate of eight and no/100 dollars ($8.00) per hour on election day and seven and no/100 dollars ($7.00) per hour for services performed as an election clerk during the early voting period. Election Clerks shall be compensated at the rate of seven and no/100 dollars ($7.00) per hour for election day and for the early voting period. The Election Judge or Clerk who delivers the returns of the Election, keys to the ballot boxes or other election equipment, and unused election supplies shall also be paid the additional sum of twenty-five and no/100 dollars ($25.00) for delivering such materials. Any payment referred to in this Section shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Texas Election Code. 5. Early Voting: Early voting by personal appearance shall be conducted by the Town Secretary, who is hereby appointed the Early Voting Clerk, at 100 Municipal Drive, Trophy Club, Texas. For the period Early Voting for the Election is permitted by law, the Early Voting Clerk shall keep such office open for Early Voting the following days: Monday, April 28th Tuesday, April 29th Wednesday, April 30th Thursday, May 1st Friday, May 2nd Saturday, May 3rd Monday, May 5th Tuesday, May 7th 8 a.m. – 5 p.m. 7 a.m. – 7 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 12 p.m. 8 a.m. – 5 p.m. 7 a.m. – 7 p.m. Early Voting will not be conducted on any other Saturday, or on any Sunday or official State and/or national holiday during the period of early voting. Application for Early Voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than March 11, 2008 and not later than the close of regular business in the Early Voting Clerk's office or 5:00 p.m., whichever is later, on May 2, 2008. Early voting, both by personal appearance and by mail, shall be by use of electronic system ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voters to vote for three (3) Town of Trophy Club Council Members for two (2) year terms each, and two (2) Directors to the Trophy Club Municipal Utility District No. 1 for four (4) year terms each, OR three (3) Town of Trophy Club Council Members for two (2) year terms each, and three (3) Directors to the Trophy Club Municipal Utility District No. 2 for four (4) year terms each, depending upon the municipal utility district in which the voter resides. No elector shall vote for more than three (3) Town of Trophy Club Council Members for a two year term. No elector shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No. 1. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal Utility District No. 2. The Early ballots shall be canvassed by the Early Ballot Board, which is hereby created. The Election Judge and the Alternate Election Judge appointed herein shall serve as the Presiding officer and the alternate Presiding Officer, respectively, of the Early Ballot Board. The other election officers serving at the Election shall serve as the other members of the Early Ballot Board for the Election. 6. Ballots: The Town Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the Election. Voting at the Election shall be by use of electronic system ballots. Preparation of the official ballots for the Election shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for three (3) Town of Trophy Club Council Members for a two (2) year term each, and two (2) Directors to the Trophy Club Municipal Utility District No. 1 for a four (4) year term each, OR three (3) Town of Trophy Club Council Members for a two (2) year term each, and three (3) Directors to the Trophy Club Municipal Utility District No. 2 for a four (4) year term each, depending upon the Municipal Utility District in which the voter resides. No elector shall vote for more than three (3) Town of Trophy Club Council Members for a two (2) year term. No elector shall vote for more than two (2) Directors to the Trophy Club Municipal Utility District No. 1. No elector shall vote for more than three (3) Directors to the Trophy Club Municipal Utility District No. 2. 7. Maintenance of Election Forms and Records: Polling place forms and records for Participants shall be maintained by the Town Secretary of the Town of Trophy Club, Texas, as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each Participant, as well as to the public in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code. All records shall be maintained in an orderly manner, so that records are clearly identifiable and accessible. Records of the Election shall be retained and disposed of in accordance with the provisions of Title 6, Subtitle C, Chapters 201 through 205 of the Texas Local Government Code, including the minimum retention requirements established by the Texas State Library and Archives Commission. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act inquiries, the records shall be maintained until final resolution or judgment, regardless of any other retention requirements. It is the responsibility of each Participant to notify the Town Secretary of any pending contest, investigation, litigation, or Texas Public Information Act inquiry. Any costs associated with the retention of records required beyond eligibility for preservation shall be borne by the Participant requesting such continued retention. On the first business day following the date that the records of the Election are eligible for destruction, each Participant shall be notified in writing of the anticipated destruction of such records. Each Participant shall provide written authorization to proceed with or withhold the destruction of such records. 8. Canvassing: Each of the Participants hereto shall convene separately at properly posted meetings in the time frame required by the Election Code and canvass the results of their respective elections. 9. Runoff Election: In the event a runoff is necessary, this Agreement will automatically be extended to cover the runoff, unless a Participant states in writing immediately upon notice that a runoff election will be necessary that it does not want to participate in a joint runoff. 10. Term of Agreement. This Agreement shall be effective upon execution by all Participants and may be terminated in accordance with Paragraph 9 by written notice only pursuant to Paragraph 11 of this Agreement. 11. Notice: Whenever this Agreement requires any consent, approval, notice, request or demand, it must be in writing to be effective and shall be delivered to all Participants by certified mail, return receipt requested, and shall be properly addressed as follows: If to the Town of Trophy Club: If to Municipal Utility District No. 1: Town of Trophy Club Trophy Club Municipal Utility District No. 1 Mayor President 100 Municipal Drive 100 Municipal Drive Trophy Club, Texas 76262 Trophy Club, Texas 76262 If to Municipal Utility District No. 2: Trophy Club Municipal Utility District No. 2 President 100 Municipal Drive Trophy Club, Texas 76262 12. Authority to Execute Agreement: The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 13. Counterparts: This Agreement may be executed in any number of counterparts and each shall be considered an original and collectively shall constitute one agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 14. Entire Agreement: This Agreement represents the entire and integrated agreement between the Participants and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by all Participants. 15. Hold Harmless: Each Participant does hereby agree to waive all claims against, release, and hold harmless each other Participant and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by, result from, or relate to the performance of this Agreement, including but not limited to injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. 16. Severability: If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. IN WITNESS WHEREOF, the Town of Trophy Club, Trophy Club Municipal District No. 1, and Trophy Club Municipal Utility District No. 2 have executed this Agreement on the day and year first hereinabove set forth. TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 By: By: Nick Sanders Dean Henry Mayor President TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 2 By: James Budarf President Effective: February 5, 2008 ATTEST: By: Lisa Ramsey Town Secretary MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. B.3 Discuss and take appropriate action regarding acceptance of the 2006-2007 fiscal year-end financial audit for Trophy Club Municipal Utility District No. 1. EXPLANATION: Staff recommends approval. (smd) Attachments: 1. None MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. B.4 Discuss and take appropriate action concerning the Trophy Club Stormwater Management Plan. EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (mm) Attachments: 1. SWMP & Trophy Club Stormwater Management Plan Application for Permit # TXR040000 to Texas Commission on Environmental Quality February 11, 2008 Prepared by Trophy Club Community Development Department TABLE OF CONTENTS PART 1.0 INTRODUCTION .................................................................................................................I SETTING I ORGANIZATION ..........................................................................................................................................II GUIDANCE AND ORDINANCES ....................................................................................................................II INSPECTION AND ENFORCEMENT ...............................................................................................................III LANDSCAPE CHARACTERIZATION FOR TROPHY CLUB ...............................................................................IV WATERSHED(S) AND ADJOINING MS4’S.....................................................................................................V LIST OF FACILITIES AND OPERATIONS ........................................................................................................V MUNICIPAL UTILITY DISTRICT SERVICES ..................................................................................................VI PART 2.0 SWMP DEVELOPMENT..................................................................................................... VII RATIONALE STATEMENT ..........................................................................................................................VII STORMWATER MANAGEMENT PROGRAM DEVELOPMENT .......................................................................VIII BMP SELECTION PROCESS ......................................................................................................................VIII SELECTION OF MEASURABLE GOALS ........................................................................................................IX IMPLEMENTATION SCHEDULE....................................................................................................................IX PART 3.0 - PERMIT APPLICABILITY AND COVERAGE ..................................................................X MS4 COVERAGE & ELIGIBILITY .................................................................................................................X ALLOWABLE STORMWATER DISCHARGES ..................................................................................................X PART 4.0 REGULATORY REQUIREMENTS ........................................................................................ 1 MCM 1. PUBLIC EDUCATION AND OUTREACH ON STORM WATER IMPACTS ......................................... 2 MCM 2. PUBLIC INVOLVEMENT / PARTICIPATION ................................................................................. 9 MCM 3. ILLICIT DISCHARGE DETECTION AND ELIMINATION .............................................................. 12 MCM 4. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL ....................................................... 18 MCM 5. POST CONSTRUCTION STORM WATER MANAGEMENT IN NEW DEVELOPMENT AND REDEVELOPMENT .................................................................................................................. 23 MCM 6. POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR MUNICIPAL OPERATIONS ................... 26 Conclusion: include short summary and overall goal of SWMP....................................................................................30 Part 1.0 Introduction: Note: For clarity, all governing entities in Trophy Club (Town of Trophy Club, Trophy Club MUD 1 and Trophy Club MUD 2) are collectively referred to as Trophy Club. Setting The Town of Trophy Club is located in the northern mid-cities area of the Dallas-Fort Worth Metroplex off State Highway 114 about fifteen miles southwest of Denton in southern Denton County with a small, south-eastern portion of Trophy Club lying in Tarrant County. It covers approximately four square miles or 2,385 acres, and is located at Latitude 32.903453 N and Longitude 97.541153 W. Its proximity to the Dallas-Fort Worth Metroplex has facilitated substantial population growth. According to the 2000 Census, Trophy Club had 6,350 residents with current population estimated now at 7,100. In 1990, there were 3,922 residents. In the early 1970’s, developers proposed the development of a recreational / retirement community of large lot and zero lot line residences with some commercial uses located on the outskirts of Trophy Club. In 1973, Houston developers contacted the city council of Westlake and proposed the construction of a planned community centered around a country club. Texas golf legend Ben Hogan designed an eighteen-hole golf course, and the town's name originated in the proposal that the country club would exhibit Hogan's golf trophy collection. The golf course is reportedly the only one Hogan ever designed. Development of the land continued throughout the next decade, and on January 19, 1985, the Town of Trophy Club was incorporated. Trophy Club remains a predominantly “bedroom community” with a density of three to four units per acre, with commercial development being slow to develop. Recently, several commercial developments; the Trophy Club Medical Center and Value Place Hotel, have been developed. A majority of the commercial recreational land developed in Trophy Club is utilized by the Trophy Club Country Club and Golf Course, which accounts for approximately 365 acres. Prior to incorporation, development in the area required the creation of Municipal Utility Districts (MUDs) to provide water and wastewater and storm sewer service for the homeowners attracted by the Trophy Club Golf Course. Two of these MUDs are still in existence today; namely Trophy Club Municipal Districts Nos. 1 and 2, the operations of which are carried out by an entity known as Trophy Club Master District, a combination of the two MUDs. In September of 2003, the MUDs agreed to transfer the ownership of the storm sewers to the Town; and in October 2003, the Town Council agreed to and did accept ownership of the storm sewers. i Organization The Town is Home-Ruled and operated by a Mayor and a five-member Town Council, each of whom are elected at large. Council members serve two-year terms. The City Manager is appointed by the Mayor and City Council, and serves as the chief administrative officer for the Town, as designated by City Charter. The Town of Trophy Club is a unique entity containing two Municipal Utility Districts; MUD 1 and MUD 2, making up the Trophy Club Master District. The Municipal Utility District is responsible for the operation of the Wastewater Treatment Plant, the Water Department, the Collections Department, as well as providing maintenance for all of these departments (System ID No. 0610018). Each District is governed by a five-member Board, and its Directors are elected on a staggered basis (three at one election and two at the other) to four-year terms. The five Board members of each District also serve on the 10-member Master District Board. The day-to-day operation is under the direction of the Master District Board and is managed by a District Manager under contract to the Board. As further proof of the uniqueness of Trophy Club, the Town employs a total of 79 employees some of whom are considered as “shared” as their work is considered to be 50/50 for both the Town and the Municipal Utility District. The Town has approximately 79 employees. Of those 79 full-time and part-time employees, 33 are considered 100% Town Employees, 14 are considered 100% MUD employees, 12 are considered 49/51 (Fire/EMS), with the remaining 11 employees considered as “shared” employees. Guidance and Ordinances Current Trophy Club guidance plans and ordinances will be reviewed and compared with regulatory requirements in the draft permit; and shall be modified where and when deficiencies are be discovered. • Comprehensive Land Use Plan • 1993 Storm Water Management Plan by Yandell, Hiller & Co., Inc. • Interlocal Agreement for Storm Water Drainage Improvements with Northwest Independent School District • 2002 - 18 - “Pooper-Scooper” Ordinance • 2003 - 19 - Establish public stormwater drainage utility/adopt municipal drainage utility system act • 2003 - 30 - Public Hearing to establish stormwater drainage fees ii • 2005- 04 – Stormwater Ordinance regulating Construction Activity and Illicit Discharges • 2005-15 – Swimming Pool Ordinance – Regulates all backwash or drainage to discharge into the sanitary sewer system on pools built on or after June 24, 2005. • 2005-18 – FEMA Floodplain Prevention Ordinance • 2006-06 – Parkland and Open Space • 2006-17 –Water Conservation Plan • 2006 - 40 - Tree Preservation and Removal • 2007-02 – Land-Disturbing Activities • Annual ILA (Interlocal Agreement) with Fort Worth Environmental for semi- annual Household Hazardous Waste Collection Events and use of Drop-off Center Inspection and Enforcement The Town has adopted the following codes as their Building Code: • 2002 National Electrical Code • 2003 International Building Code • 2003 International Residential Code • 2003 International Mechanical Code • 2003 International Plumbing Code • 2003 International Energy Conservation Code • 2003 International Fire Code Currently, all building inspections are performed in-house. In addition, Trophy Club employs a Code Enforcement Officer, who works out of the Police Department. iii Landscape Characterization for Trophy ClubError! Bookmark not defined. Approximately 80 to 85% of Trophy Club is residential, approximately 10% is recreational, and the remaining 5 – 10% is business/commercial. Approximately, 27 – 30% of the Town is undeveloped at this time. The un-urbanized area (approximately 700 acres) in Trophy Club, as mapped by the 2000 Census, is scheduled for development by Centurion American with various builders actually constructing the approximate 1,100 single-family residential homes, 260 condominiums/townhomes and approximately 217,000 square feet of commercial development. Additionally, Byron Nelson High School, slated for completion in 2009, sets on 90 acres in the north-western portion of Trophy Club. One of two the known Industrial Activities in Trophy Club is gas wells. The TPDES general permit does not authorize storm water discharges from facilities with SIC codes 1311 Crude Petroleum and Natural Gas, 1321 Natural Gas Liquids, and 1381-1388. Authorization for these discharges must be obtained through application for a National Pollutant Discharge Elimination System (NPDES) permit under the U.S. EPA and authorization from the Railroad Commission of Texas (if applicable). The only other known Industrial Activity in Trophy Club is the Wastewater Treatment Plant, which has a No Exposure Certification (NEC), Permit No. TXRNES359, Coverage Effective: March 03, 2005 Issued: May 31, 2007 and Expires: August 14, 2011, unless otherwise amended. Trophy Club Businesses: Apartments/Townhomes = 3 Banks = 3 Churches = 3 Dry Cleaners = 2 Country Club/Golf Course/Tennis Court/Swimming Pool = 1 each Grocery/Convenience = 3 Hospital/Medical = 8 Office Space = 25 Restaurants = 7 Schools = 4 (plus 1 High School currently under construction) iv Watershed(s) and Adjoining MS4’s As of this writing, the receiving waters, as determined by FEMA Floodplain Maps, are: Marshall Branch, Golf Course Creek, Timberline Creek, all of which lead to Lake Grapevine. List of Facilities and Operations The Town owns and operates the facilities listed below. In order to address the need for stormwater protection, a multi-step process will be used to document the nature of each Town operation and/or facility and identify appropriate BMPs to minimize the potential for impacts to stormwater quality. Any new or acquired facility(ies) will be evaluated with respect to operations, activities and appropriate stormwater management BMPs. Town-owned Facility Location List: Police Department - 100 Municipal Drive Harmony Park - 1400 Indian Creek Drive Independence Park – 501 Parkview Drive Trophy Club Park at Lake Grapevine (leased from Corps of Engineers) Medians and Common Areas – Various locations throughout Town Town Pool – 500 Parkview Drive MUD-owned Facility Location List: Town Hall - 100 Municipal Drive Water Plant - 100 Municipal Drive Wastewater Treatment Plant - 1499 Indian Creek Drive Four (4) wells: Well No. 1 (Trinity) - 400 Municipal Drive Well No. 2 (Paluxy) - 1200 Creek Courts Well No. 3 (Paluxy) - 400 Municipal Drive Well No. 4 (Paluxy) - 1750 State Highway 114 v Municipal Utility District Services A Water I Water Meter installation and replacement where indicated II Pumping Facilities III Ground Storage IV Elevated Storage V Maintenance VI Billing B Sewer I Wastewater Treatment Plant II Receipt and treatment of sewage and the production of safely disposable effluent III Maintenance C Collections I Deployment and use of Vac-Con Truck and/or Vac-Con Trailer II Deployment and use of Camera Van III Maintenance and effective operation of all sewer lines and lift stations vi Part 2.0 SWMP Development Rationale Statement The Texas Commission on Environmental Quality “TCEQ” has issued a draft TPDES General Permit Number TXR040000, requiring small MS4s to apply for authorization to discharge stormwater to surface waters in the State of Texas, defined as Waters of the United States. This new General Permit is issued pursuant to Section 26.040 of the Texas Water Code and Section 402 of the Clean Water Act. Trophy Club meets the definition of a small MS4, as defined in the permit document and must therefore make application to the TCEQ for authorization to discharge stormwater to surface waters in the state. Application for coverage under this permit includes the submittal of a Notice of Intent (NOI) form and preparation of a Storm Water Management Program (SWMP). The permit provides coverage for a five-year period, and requires an annual update and status report submittal to TCEQ. The document contained herein serves as the SWMP for Trophy Club. The SWMP provides a listing and description of Best Management Practices (BMPs) developed to prevent pollution in the stormwater to the Maximum Extent Practicable (MEP). BMPs have been developed for the following six Minimum Control Measures (MCMs): 1. Public Education and Outreach on Stormwater Impacts 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Stormwater Runoff Control 5. Post-Construction Stormwater Management in New Development and Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations Each MCM contains an appropriate number and type of BMP to satisfy the permit requirements to the MEP. The permit regulations state that existing programs or BMPs may be used to satisfy the requirements of this SWMP. BMPs must include a schedule of implementation during the five-year permit period and a determination of measurable goals to evaluate the effectiveness of the BMP. A description of how each measurable goal will be evaluated must also be provided. It was the intent of TCEQ to provide a General Permit for small MS4s with enough flexibility to create a stormwater program to meet the unique individual needs of smaller systems. The program is to be developed by the MS4 operator (in this case Trophy Club) such that it effectively reduces pollutants to the receiving waters of the United States. vii Stormwater Management Program Development The Trophy Club Storm Water Management Plan (SWMP) has been developed with a team of elected officials and staff representing the Town of Trophy Club, Trophy Club Municipal Utility District 1 and Trophy Club Municipal Utility District 2 to further enhance our efforts to reduce stormwater pollutants from the Town’s MS4 to the MEP, as required by the TPDES General Permit. Public Input has been requested with very little response or input. Information for the Plan was obtained by considering Permit requirements, from various NCTCOG meetings and trainings, researching stormwater management plans for other municipalities, and other related resources. The SWMP is a comprehensive stormwater quality program developed with the goal of minimizing pollution in stormwater to the maximum extent practicable (MEP) and effectively prohibiting illicit discharges to the storm sewer system. The Plan incorporates a variety of best management practices (BMPs) that have been selected to provide specific stormwater quality improvements and satisfy the six Minimum Control Measures (MCMs) that are required in the SWMP. The program provides a description of the selected BMPs, a schedule for implementation of the BMPs and measurable goals to evaluate and track the implementation process. Trophy Club has actively participated in stormwater quality improvement measures and seeks to continue that trend through the continued development and implementation of this Storm Water Management Plan. The implementation schedule attempts to phase in BMPs such that all BMPs for Year 1 take credit for existing programs. This will allow the Town to implement additional BMPs in the following years in a fiscally responsible manner, with adequate planning to ensure their success. The progression of implementation aims to continually increase stormwater quality in Trophy Club to the MEP over the five-year permit term. BMP Selection Process A comprehensive BMP inventory was developed using various BMP resources, including the EPA’s National Menu of BMPs, North Central Texas Council of Government’s Menu of Management Plan Options for Small MS4s in North Central Texas and Teague Nall and Perkins, Inc.’s Best Management Practices Inventory. These inventories provided an inclusive list of BMPs for each MCM. Many of the BMPs reviewed and provided were already in use by Trophy Club, and other BMPs were identified for consideration as excellent BMPs for our SWMP in achieving the goal of improved stormwater quality for Trophy Club. The existing BMPs will be reviewed and compared over the years with the regulatory requirements of the draft permit for each MCM, and where they are incomplete, additional BMPs will be introduced and recommended. viii Selection of Measurable Goals The TPDES permit stipulates the development of measurable goals for each BMP, with a description of how the measurable goal will be evaluated. Measurable goals were selected to assess the appropriateness of the identified BMP, provide progress towards achieving the statutory goal of reducing the discharge of pollutants to the MEP, and evaluate the success of implementation of the BMP. Effort was made to select measurable goals that provide specific information documented at the time a BMP is implemented. A description of the measurable goal and implementation schedule for each BMP is provided. Implementation Schedule The TPDES permit language indicates that BMPs may be performed or phased into the program over a five-year period of permit coverage, such that the program is completely implemented by the permit expiration date. Trophy Club has historically been proactive in protecting the quality of its stormwater runoff. Consequently, many of the BMPs required are already being practiced in the Town and will continue to be practiced or will be improved upon over the permit term. The implementation schedule attempts to phase in BMPs such that all BMPs for Year 1 take credit for existing programs. This will allow the Town to implement additional BMPs in the following years in a fiscally responsible manner, with adequate planning to ensure their success. The progression of implementation aims to continually increase stormwater quality in the Town to the MEP over the five-year permit term. ix Part 3.0 - Permit Applicability and Coverage MS4 Coverage & Eligibility The incorporated limits of Trophy Club are located within the Denton – Lewisville, TX Urbanized Area as defined by the 2000 Decennial Census. Approximately 700 acres, scheduled for development, are not within this urbanized area. The Town will implement the SWMP throughout the entire Town, including the 700 acres scheduled for development. Any extraterritorial and/or new areas added to the Town will also be included within the SWMP. Allowable Stormwater Discharges The following list of non-stormwater discharges may be discharged to Trophy Club MS4s and are not addressed in the IDDE or any other minimum control measure, until such time as they are determined by TCEQ or Trophy Club to be significant pollutant contributors: a. A discharge authorized by, and in full compliance with, a TPDES permit (other than the TPDES permit for discharges from the MS4); b. A discharge or flow resulting from firefighting by the fire department; c. A discharge or flow of fire protection water that does not contain oil or hazardous substances or materials that the Fire Code requires to be contained and treated prior to discharge, in which case treatment adequate to remove harmful quantities of pollutants must have occurred prior to discharge; d. Agricultural storm water runoff; e. A discharge or flow from waterline flushing or disinfection that contains no harmful quantity of total residual chlorine (TRC) or any other chemical used in line disinfection; f. A discharge or flow from lawn watering or landscape irrigation; g. A discharge or flow from a diverted stream flow or natural spring; h. A discharge or flow from uncontaminated pumped groundwater or rising groundwater; x i. Uncontaminated groundwater infiltration (as defined as 40 CFR § 35.2005(20)) to the MS4; j. Uncontaminated discharge or flow from a foundation drain, crawl space pump, or footing drain; k. A discharge or flow from a potable water source not containing any harmful substance or material from the cleaning or draining of a storage tank or other container; l. A discharge or flow from air conditioning condensation that is unmixed with water from a cooling tower, emissions scrubber, emissions filter, or any other source of pollutant; m. A discharge or flow from individual residential car washing; n. A discharge or flow from a riparian habitat or wetland; o. A discharge or flow from cold water (or hot water with prior permission of the Designated Official) used in street washing or cosmetic cleaning that is not contaminated with any soap, detergent, degreaser, solvent, emulsifier, dispersant, or any other harmful cleaning substance; p. Drainage from a private residential swimming pool containing no harmful quantities of chlorine or other chemicals. Drainage from swimming pool filter backwash is prohibited; or q. A discharge or flow of uncontaminated stormwater pumped from an excavation. xi TROPHY CLUB STORMWATER MANAGEMENT PLAN Part 4.0 Regulatory Requirements To the extent allowable under state and local law, a SWMP must be developed and implemented according to the requirements of Part III of General Permit TXR040000, for storm water discharges that reach waters of the United States, regardless of whether the discharge is conveyed through a separately operated storm sewer. The SWMP must be developed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act and Texas Water Code. Existing programs or best management practices (BMPs) may be used to fulfill the requirements of this general permit. The MS4 operator must develop the SWMP to include the six minimum control measures described in Part III A.1 through 6, and the operator may develop and include the optional seventh minimum control measure in Part III.A.7. Small MS4s have five years from the date of issuance of this general permit to fully implement their SWMP. A discharger’s compliance with its approved SWMP will be deemed compliance with Part III of this permit. Where the permittee lacks the authority to develop ordinances or to implement enforcement actions, the permittee shall exert enforcement authority as required by this general permit for its facilities, employees, and contractors. For discharges from third-party actions, the permittee shall perform inspections and exert enforcement authority to the MEP. If the permittee does not have enforcement authority and is unable to meet the goals of this general permit through it s own power, then unless otherwise state in this general permit, the permittee shall perform the following action in order to met the goals of the permit: • Enter into Interlocal agreements with municipalities where the small MS4 is located. These Interlocal agreements must state the extent to which the municipality will be responsible for inspections and enforcement authority in order to meet the conditions of this general permit; or, • If the permittee is unable to enter into Interlocal agreements, notify the TCEQ’s Field Operations Division as needed to report discharges or incidents that it cannot itself enforce against. The controls and Best Management Practices (BMPS) included in the SWMP constitute effluent limitations for the purposes of compliance with the requirements of 30 TAC Chapter 319, Subchapter B, related to Hazardous Metals. 1 MCM 1. Public Education and Outreach on Storm Water Impacts 1.1 TPDES Permit Regulatory Texts – Part III.A.1 (a) A public education program must be developed and implemented to distribute educational materials to the community or conduct equivalent outreach activities that will be used to inform the public. The MS4 operator may determine the most appropriate sections of the population at which to direct the program. The MS4 Operator must consider the following groups and the SWMP shall provide justification for any listed group that is not included in the program: • Residents • Visitors • Public Service Employees • Businesses • Commercial and Industrial Facilities • Construction Site Personnel The outreach must inform the public about the impacts polluted stormwater run-off can have on water quality, hazards associated with illegal discharges and improper disposal of waste, and steps that they can take to reduce pollutants in stormwater run-off. (b) The MS4 operator must document activities conducted and materials used to fulfill this control measure. Documentation shall be detailed enough to demonstrate the amount of resources used to address each group. This documentation shall be retained in the annual reports required in Part IV.B.2 of the TPDES General Permit. 2 1.2 Current Programs Trophy Club currently provides public education and outreach via the following: • Post stormwater information on Town website: www.ci.trophyclub.tx.us • Municipal Cable Television Channel 27 – air stormwater-related videos and messages • Publish periodic stormwater-related informational articles in Town-produced newsletter Around The Town - which is published monthly within the “Trophy Club Times” newspaper • Distribute educational materials at semi-annual household hazardous waste collection events • Stormwater and/or water conservation messages/information distributed to all Town residents as part of the annual Consumer Confidence Report • Free distribution of SmartScape cd’s • Stormwater Information and SmartScape cd’s provided to new residents via a Welcome Packet • Participation in and with NCTCOG’s Stormwater Program • Many of Trophy Club’s storm drain inlets have been labeled with plastic markers obtained through a cooperative purchasing program by participation in NCTCOG’s Stormwater Management Program • Participation in City of Fort Worth’s Water Conservation Program • Semi-annual “3-Clean Event” where Household Hazardous Waste is collected free of charge for Town residents, as well as providing roll-off dumpsters to dispose of bulky trash items. • Public Meetings Related Ordinances: • 2002 - 18 - “Pooper-Scooper” ordinance • 2003 - 19 - Establish public stormwater drainage utility/adopt municipal drainage utility system act • 2003 - 30 - Public Hearing to establish stormwater drainage fees • 2005- 04 – Stormwater Ordinance regulating Construction Activity and Illicit Discharges • 2005-15 – Swimming Pool Ordinance – For pools on or after June 24, 2005, regulating all backwash or drainage to discharges into the sanitary sewer system • 2005-18 – FEMA Floodplain Prevention Ordinance • 2006-06 – Parkland and Open Space • 2006-17 –Water Conservation Plan • 2006 - 40 - Tree Preservation and Removal • 2007-02 – Land-Disturbing Activities 3 1.3 Selected BMPs for Public Education and Outreach 1.3.1 BMP1 Stormwater Quality Information Dissemination The Town of Trophy Club will continue to support and participate in NCTCOG’s Public Education Task Force. The information and education gathered through such participation will be distributed through the following mediums: Municipal Cable Channel 27, Around The Town newsletter, Welcome Packets for New Residents, Town website, at various annual Town-run special events; i.e. Arbor Day, and at the semi-annual Household Hazardous Waste Recycling events to the following public entities: Residents, Businesses, Teachers, Students, Builders, Contractors, and Town Employees. (This BMP also serves under Minimum Control Measure – Public Involvement and Participation.) Public Education & Outreach – Public Education Task Force BMP 1 Description BMP 1 Activity Measurable Goals/ Evaluation Schedule 1. Join NCTCOG’s Regional SWMP’s Public Education Task Force (PETF). Continue to participate in PETF. Years 2-5 2. Continue to distribute educational materials via: Website, Cable Channel 27, Around The Town newsletter via Trophy Club Times, Welcome Packets, annual mail-out of Consumer Confidence Report; handouts at semi-annual HHW events and at Town-sponsored events; i.e., Arbor Day. Document where, when and to whom materials were distributed. Years 2-5 Support and participate in NCTCOG’s Regional SWMP’s Public Education Task Force (PETF)* to distribute educational materials, brochures, videos, bookmarks, posters, to address appropriate groups of the population. 3. By end of Year 5, implementation is complete. Year 5 *The PETF is a dynamic group, so the messages and the means by which we seek to address the appropriate groups of the population may vary from year-to-year. We therefore request permission to modify our outreach activities as needed without the submission of a Notice of Change in order to effectively educate the public about stormwater impacts. 1.3.1.1 Responsible Department/Person(s): Community Development. 1.3.2 BMP2 Stormwater Webpage This BMP allows employees, residents, children, teachers, visitors, the general public and construction site personnel to learn about Stormwater Management online; what it is, what part the Town is playing, and what they can do to help protect our water from pollutants. These web pages are integrated into the Town’s existing website as well as having links to additional valuable resources and information. (This BMP also serves under Minimum Control Measure – Public Involvement / Participation.) Public Education & Outreach – Stormwater Webpage BMP 2 BMP 2 Activity Measurable Goals/Evaluation Schedule 1. Continue to maintain Stormwater WebPages with information for Employees, Residents, Visitors, Businesses, and Construction Site Personnel. Documentation of information on WebPages. Years 1-5 2. Continually update Stormwater WebPages as new information becomes available Documentation of new info added to WebPages. Years 2-5 Stormwater WebPages on Town’s website 3. By end of Year 5, implementation is complete. Year 5 1.3.2.1 Responsible Department/Person(s): Information Technology and Community Development. 4 1.3.3 BMP3 Regional Cooperative Partnership This BMP will serve as an excellent source of information, opportunities for cooperative purchasing, and networking with other municipalities to enable Trophy Club to stay on the cutting edge of information, educational opportunities and training opportunities. (This BMP serves under all six Minimum Control Measures.) Public Education & Outreach - Regional Cooperative Partnership BMP 3 Description BMP 3 Activity Measurable Goals/Evaluation Schedule 1. Provide funding commitment to NCTCOG. Maintain funding commitment to NCTCOG. 2. Continue to attend, participate, and distribute Public Education information, as acquired. As applicable, document number of meetings and/or activities attended; document training materials acquired and/or purchased. Partnership with NCTCOG to develop strategies to address stormwater quality issues and cooperative management programs specific to the North Central Texas region. 3. By end of Year 5, implementation is complete. Years 1-5 1.3.3.1 Responsible Person(s)/Department: Community Development 1.3.4 BMP4 Label Storm Drains Inlets Many of the storm drain inlets in Trophy Club have already been labeled with plastic markers obtained through a cooperative purchasing program by participation in NCTCOG’s Stormwater Management Program. (This BMP also serves as a minimum control measure under Public Involvement / Participation.) Public Education & Outreach ~ Label Storm Drains BMP 4 BMP 4 Activity Measurable Goals/Evaluation Schedule 1. Determine storm drain inlets still needing to be labeled. Established list of storm drains needing to be labeled. Year 2 2. Develop a plan to utilize volunteers to assist staff in labeling of existing storm drain inlets. Written plan for labeling remaining inlets. Year 3 3. Develop criteria requiring Developers to mark all new storm drain inlets on all future development. Criteria developed for developers to label storm drains in new developments. Year 2 4. Implement plan to mark existing storm drain inlets. 5. Implement criteria requiring Developers to label all new storm drain inlets. Document number of storm drains labeled by street names. Years 3-5 Label all Existing and Future Storm Drain Inlets 6. By end of Year 5, implementation is complete. Year 5 1.3.4.1 Responsible Person(s)/Department: Community Development. 5 1.3.5 BMP5 Texas SmartScape Program Trophy Club will promote the Texas SmartScape Program, to raise the public’s awareness of the importance and benefits of landscaping with native or adapted plants. (This BMP also serves as a minimum control measure under Public Involvement / Participation.) Public Education & Outreach ~ SmartScape BMP 5 Description BMP 5 Activity Measurable Goals/ Evaluation Schedule 1. Continue to coordinate with NCTCOG’s SmartScape program efforts. Document our participation with NCTCOG. 2. Distribute SmartScape website address and free cd’s to new residents via welcome packet. Document number of cd’s distributed. 3. Post and link SmartScape website address: Maintain SmartScape information on stormwater webpage. http://www.txsmartscape.com/ from our website/stormwater webpage. Years 2-5 Promote SmartScape by promoting the SmartScape website address and distributing free SmartScape cd’s to residents, visitors, public, etc., via various measures (Stormwater web page; literature, welcome packets, etc.) 4. By end of Year 5, implementation is complete. Year 5 1.3.5.1 Responsible Person(s)/Department: Community Development. 1.3.6 BMP6 Stormwater Reporting Hotline and Online Reporting Currently, Trophy Club has an Online Reporting Forum (ORF) for reporting Stormwater-related issues through its Citizen Relationship Management Program (CRM). Additionally, Trophy Club will set up a Stormwater Hotline (i.e., a published phone number) for the public to call and report stormwater-related problems and issues. This will involve the public and facilitate the ability for the public to provide information to assist in detection and alleviation of stormwater-related issues. This BMP is part of the overall Stormwater Hotline for reporting Illicit Discharges, Construction Site Controls, and other stormwater-related issues, and also serves as MCMs under Public Involvement and Participation, Illicit Discharge and Detection, Construction Site Stormwater Controls, and Pollution Prevention/Good Housekeeping for Municipal Operations. Public Education & Outreach ~ SW Reporting Hotline BMP 6 Description BMP 6 Activity Measurable Goals/Evaluation Schedule 1. Identify department /personnel to monitor and handle SWH. Established department and personnel responsible for SWH. Year 2 2. Develop process for addressing SWH complaints. Written defined method for addressing SWH complaints. Year 3 3. Develop BMP’s to implement and publicize / advertise SWH. Document developed BMP’s for advertising and/or publication of SWH, procedures for implementing SWH. Years 3-4 4. Publicize and implement SWH. Track calls received and actions taken as result of SWH and ORF. Years 4-5 Create, maintain, and monitor a Storm Water Hotline (SWH) and Online Reporting Forum (ORF) to involve the public and facilitate their ability to provide information to assist in the detection and alleviation of stormwater-related issues. Year 5 5. By end of Year 5, implementation is complete. 1.3.6.1 Responsible Person(s)/Departments: Community Development with assistance from the Information Technology Department. 6 1.3.7 BMP7 Municipal Employee Training Program This BMP will serve to educate Town employees about methods to prevent and reduce stormwater pollution from municipal activities, as well as teach employees how to recognize illicit discharges and proper methods for reporting and remediation. (This BMP also serves under Minimum Control Measure – Pollution Prevention/Good Housekeeping.) Public Education & Outreach ~ Municipal Employee Training Program (METP) BMP 7 Description BMP 7 Activity Measurable Goals/Evaluation* Schedule 1. Investigate various options available for METP training materials, to include NCTCOG’s training video and PowerPoint presentations. Document where, what, and from whom training materials have been researched and/or acquired. Years 2-5 2. Create and/or acquire a METP. Document developed and/or acquired METP. Year 3 3. Implement METP. Document number employees trained and/or number trainings provided. Years 4-5 4. Make METP available online for all employees. Post and maintain METP on intranet site. Years 4-5 Create a Municipal Employee Training Program (METP); which may include seminars, in-house training sessions, new-employee training, videos, manuals, Intranet and or other means to inform and train our employees about the methods for recognizing, preventing and reducing stormwater pollution relating to municipal, residential, business and commercial activities. Year 5 5. By end of Year 5, implementation is complete. * Additional Evaluation may be obtained via feedback forms and/or questionnaires from employees who have received training and through tracking the number of stormwater-related incidents reported by employees as a result of the METP. 1.3.7.1 Responsible Person(s)/Department: Community Development. 1.3.8 BMP8- Public Education on Construction Site Stormwater Control Requirements (CSSCR) Trophy Club will acquire and/or develop educational materials for Construction Site Stormwater Control Requirements (CSSCR) to inform construction site operators and the public regarding proper Construction Site Storm Water Controls. (This BMP also addresses the minimum control measure for Public Education under Construction 4.3.9.) Public Education and Outreach ~ Construction Site Stormwater Controls Requirements BMP 8 Description BMP 8 Activity Measurable Goals/Evaluation Schedule 1. Investigate various CSSCR training materials available, to include NCTCOG’s resources. Document where, what, and from whom training materials have been researched and/or acquired. Year 2 2. Develop and/or acquire CSSCR educational materials. Document what and from whom materials have been developed and/or acquired. Years 3-5 3. Distribute CSSCR materials to local builders and developers. Document number of materials distributed. Years 4-5 4. Make CSSCR materials available online. Post and maintain information on webpage for public and staff viewing. Year 5 To develop and/or acquire CSSCR education materials to inform our residents, visitors, businesses, construction workers and employees about the methods for recognizing, preventing and reducing construction site-related stormwater discharges. Year 5 5. By end of Year 5, implementation is complete. 1.3.8.1 Responsible Persons: Community Development and Permitting Department. 7 1.3.9 BMP 9- Public Education on Illegal Discharges and Improper Disposal Trophy Club will develop a public education effort to inform its employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. (This BMP also addresses the minimum control measure for Public Education under Illicit Discharge Detection and Elimination.) Public Education and Outreach ~ Illicit Discharge Detection and Elimination (IDDE) BMP 9 BMP 9 Activity Measurable Goals/Evaluation* Schedule 1. Investigate various training materials available, to include NCTCOG resources. Document where, what, and from whom training materials have been researched and/or acquired. Year 2 2. Develop and/or acquire IDDE educational training materials. Document what materials have been developed and/or acquired. Year 3 3. Determine process to implement IDDE training and distribution of IDDE education materials. Documented plan for distribution of IDDE education and training program. Years 4 4. Post and maintain information on webpage and intranet site. Information posted to webpage and intranet site. Year 5 5. Distribute IDDE educational materials. Document where, when and to whom IDDE materials were distributed. Year 5 6. Perform IDDE training Document where, when and who received IDDE training. Year 5 To develop and/or acquire IDDE education and training materials to inform our residents, visitors, businesses, construction workers and employees to recognize, prevent and reduce Illegal Discharges and Improper Disposals and determine an effective means of distribution with prioritization. Year 5 7. By end of Year 5, implementation is complete. * Additional Evaluation may be obtained through feedback forms and/or questionnaires from employees who have received training and through tracking of IDDE incidents reported by employees as a result of the above training. 1.3.9.1 Responsible Person(s)/Department: Community Development. 1.3.10 BMP10 Semi-Annual Household Hazardous Waste Events Trophy Club will continue funding annual ILA (Interlocal Agreement) with Fort Worth Environmental for semi-annual Household Hazardous Waste Collection Events in Town and use of Fort Worth Environmental’s Drop-off Center. The Town has two events a year; one in the Spring and one in the Fall, and has had excellent turnouts every year since we began approximately six years ago. Educational stormwater information is distributed to participants at this event. 1.3.11 BMP11 Public Participation The Town of Trophy Club will comply with federal, state, and local public notice requirements regarding public notification of the submittal of the NOI and SWMP to TCEQ, as well as the Executive Director’s decision for the Town’s NOI and SWMP, as directed under TXR0400000 Part III. Section D. Paragraph 12. Additionally, we will hold public hearing meetings relative to our Stormwater Management Plan. The public meetings will be advertised in the newspaper and will target a wide audience; including residents, visitors, and businesses which subscribe or purchase the newspaper. In addition, the Public Meetings will educate Staff and Elected Officials in attendance. The Public Meeting will include a review of the program and solicit input from the public. This BMP also addresses MCM 2.3.1 Public Participation under Public Involvement / Participation; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 8 MCM 2. Public Involvement / Participation 2.1 TPDES Permit Regulatory Text – Part III.A.2 The MS4 operator must, at a minimum, comply with any state and local public notice requirements when implementing a public involvement/participation program. It is recommended that the program include provisions to allow all members of the public within the small MS4 the opportunity to participate in SWMP development and implementation. 2.2 Current Programs Trophy Club currently provides Public Involvement and Participation via the following: • Developed a draft Stormwater Management Plan, utilizing a team of elected officials representing the Town of Trophy Club, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2, as well as staff, where public participation was requested. • Participates with the City of Fort Worth’s Environmental Management Collection Center to hold semi- annual Hazardous Household Waste Recycling Events, where stormwater information is distributed to involve the public in stormwater management controls. • Participates in weekly curbside recycling. • Online reporting of stormwater management issues through InTouch Citizen Relationship Management (CRM) linked off our website at www.ci.trophyclub.tx.us • Many of Trophy Club’s storm drain inlets have been labeled with plastic markers obtained through a cooperative purchasing program by participation in NCTCOG’s Stormwater Management Program • Participation in City of Fort Worth’s Water Conservation Program • Participation in NCTCOG Stormwater Program • Hold Public Hearings Related Ordinances: • 2002 - 18 - “Pooper-Scooper” ordinance • 2003-19 – Establish Public Stormwater Drainage Utility/Adopt Municipal Drainage Utility System Act • 2003 - 30 - Public Hearing to establish stormwater drainage fees • 2005- 04 – Stormwater Ordinance regulating Construction Activity and Illicit Discharges • 2005-15 – Swimming Pool Ordinance – For pools on or after June 24, 2005, regulating all backwash or drainage to discharges into the sanitary sewer system • 2005-18 – FEMA Floodplain Prevention Ordinance • 2006-06 – Parkland and Open Space • 2006-17 –Water Conservation Plan 9 2.3 Selected BMPs for Public Involvement/Participation 2.3.1. BMP1 Public Participation The Town of Trophy Club will comply with federal, state, and local public notice requirements regarding public notification of the submittal of the NOI and SWMP to TCEQ, as well as the Executive Director’s decision for the Town’s NOI and SWMP, as directed under TXR0400000 Part III. Section D. Paragraph 12. Additionally, we will hold public meetings relative to our Stormwater Management Plan. The public meetings will be advertised in the newspaper and will target a wide audience; including residents, visitors, and businesses which subscribe or purchase the newspaper. In addition, the Public Meetings will educate Staff and Elected Officials in attendance. The Public Meeting will include a review of the program and solicit input from the public. Public Involvement and Participation BMP1 BMP 1 Activity Schedule Measurable Goals/Evaluation 1. Publish public notification and post SWMP document to website for comments. Document comments received, if any, from publication and/or website. Years 1-5 2. Make presentations to Town Council and MUD Boards; requesting review, input, and approval. Document input, as received, from Council, Boards, public, etc. Years 1-5 3. Have copies of the SWMP document available for comment at Municipal Offices. Document requests for viewing as well as any comments received. Years 1-5 4. Hold Public Meetings to request Public’s input, comments and suggestions as well as to educate. Document meetings held and input received. Years 1-5 Comply with federal, state and local public notice requirements regarding public notification of the submittal of the NOI and SWMP to TCEQ and Executive Director’s decision the Town’s NOI and SWMP. 5. By end of Year 5, implementation is complete. Years 1-5 This BMP also addresses MCM 1.3.11 Public Participation under Public Education and Outreach. 2.3.1.1 Responsible Person(s)/Department: Community Development Department. 2.3.2. BMP2 – Creek Care Guide or equivalent Since much of Trophy Club’s creekside property is in private ownership, Trophy Club will work to inform property owners along Trophy Club’s creeks through development and distribution of a “Creek Care Guide” (CCG) or similar type brochure. The will encourage and teach residents how to become involved in preserving the creek system for their own self-interest and for future generations. Through education and participation, property owners along creeks can enhance their property, prevent erosion problems, avoid flood losses, and add to the enjoyment of their creekside property by preserving water quality and contributing to the survival of fish and wildlife. Public Involvement and Participation ~ Creek Care Guide (CCG) BMP 2 BMP 2 Activity Measurable Goals/Evaluation Schedule 1. Research development of a CCG. Document where, what, and from whom CCG materials have been researched and/or acquired. Years 2 2. Develop and/or acquire CCG materials. Document what CCG materials have been developed and/or acquired. Year 3 3. Distribute CCG. Document number of CCG’s distributed. Years 4-5 3. Post CCG on website and have copies available upon request. Document number of CCG’s distributed. Years 4-5 4. Modify/amend CCG, as necessary/ recommended. Document any changes/improvements to CCG. Years 4-5 Trophy Club will develop & distribute a Creek Care Guide (CCG) or similar document to inform its residents. Year 5 5. By end of Year 5, implementation is complete. 10 2.3.2.1 Responsible Person(s)/Department: Development: Parks and Recreation. Distribution: Community Development. 2.3.3. BMP3 Stormwater Quality Information Dissemination Trophy Club will continue to support and participate in NCTCOG’s Public Education Task Force. The information and education gathered through such participation will be effectively distributed through the following mediums: Municipal Cable Channel 27, Around The Town newsletter, Welcome Packets for New Residents, Town website, at various annual Town-run special events; i.e. Arbor Day, and at the semi-annual Household Hazardous Waste Recycling events to the following public entities: Residents, Businesses, Teachers, Students, Builders, Contractors, and Town Employees. This BMP also addresses MCM 1.3.11 Public Participation under Public Education and Outreach; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. BMP4 Label Storm Drains2.3.4. Many of the storm drain inlets in Trophy Club have already been labeled with plastic markers obtained through a cooperative purchasing program by participation in NCTCOG’s Stormwater Management Program. This BMP also addresses MCM 1.3.4 Label Storm Drains under Public Education and Outreach; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 2.3.5. BMP5 Stormwater Reporting Hotline and Online Reporting Currently, Trophy Club has an Online Reporting Forum (ORF) for reporting Stormwater-related issues through its Citizen Relationship Management Program (CRM). Additionally, Trophy Club will set up a Stormwater Hotline (i.e., a dedicated, published phone number) for the public to call and report stormwater-related problems and issues. This will involve the public and facilitate the ability for the public to provide information to assist in detection and alleviation of stormwater- related issues. This BMP also addresses MCM 1.3.6 SRH and ORF under Public Education and Outreach; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 2.3.6 BMP6 Regional Cooperative Partnership Trophy Club will continue to coordinate with North Central Texas Council of Governments (NCTCOG) to provide stormwater awareness information to the community. NCTCOG provides information, materials, and funding support to Trophy Club for programs to increase stormwater awareness. This BMP is combined under all six Minimum Control Measures. Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed under Public Education BMP 1.3.3. 2.3.7 BMP7 Semi-Annual Household Hazardous Waste Events Trophy Club will continue funding annual ILA (Interlocal Agreement) with Fort Worth Environmental for semi-annual Household Hazardous Waste Collection Events in Town and use of Fort Worth Environmental’s Drop-off Center. The Town has two events a year; one in the Spring and one in the Fall, and has had excellent turnouts every year since we began approximately six years ago. Educational stormwater information is distributed to participants at this event. 11 MCM 3. Illicit Discharge Detection and Elimination 3.1 TPDES Permit Regulatory Text – Part III.A.3 (a) Illicit Discharge A section within the SWMP must be developed to establish a program to detect and eliminate illicit discharges to the MS4. The SWMP must include the manner and process to be use to effectively prohibit illicit discharges. To the extent allowable under state and local law, an ordinance or other regulator mechanism must be utilized to prohibit and eliminate illicit discharges. (1) Detection The SWMP must list the techniques used for detecting illicit discharges. (2) Elimination The SWMP must include appropriate actions and, to the extent allowable under state and local law, establish enforcement procedures for removing the source of an illicit discharge. (b) Allowable Non-Storm Water Discharges Non-storm water flows listed in Part II.B and Part VI.B do not need to be considered by the MS4 operator as an illicit discharge requiring elimination unless the operator of the small MS4 or the executive director identifies the flow as a significant source of pollutants to the small MS4. In lieu of considering non-storm water sources on a case-by-case basis, the MS4 operator may develop a list of common and incidental non-storm water discharges that will not be addressed as illicit discharges requiring elimination. If developed, the listed sources must not be reasonably expected to be significant sources of pollutants either because of the nature of the discharge or the conditions that are established by the MS4 operator prior to accepting the discharge to the small MS4. If this list is developed, then all local controls and conditions established for these listed discharges must be described in the SWMP and any changes to the SWMP must be included in the annual report described in Part IV.B.2 of this general permit, and must meet the requirements of Part II.D.3 of the general permit. (c) Storm Sewer Map (1) A map of the storm sewer system must be developed and must include the following: i. The location of all outfalls; ii. The names and locations of all waters of the U.S. that receive discharges from the outfalls; and iii. Any additional information needed by the permittee to implement its SWMP. (2) The SWMP must include the source of information used to develop the storm sewer map, including how the outfalls are verified and how the map will be regularly updated. 12 3.2 Current Programs Trophy Club currently has the following in place: • To date, we have identified the following as the ONLY Industrial Activities within Trophy Club: o Trophy Club MUD 1 has a No Exposure Certification (NEC) for their Wastewater Treatment Plant located at 1499 Indian Creek, Denton County, Trophy Club, TX 76262. The NEC Permit Number is TXRNES359, Coverage Effective: March 03, 2005, Issued: May 31, 2007, and Expires: August 14, 2011, unless otherwise amended. Copy of the NEC is enclosed as Exhibit “XX”. o Gas Wells. The TPDES general permit does not authorize storm water discharges from facilities with SIC codes 1311 Crude Petroleum and Natural Gas, 1321 Natural Gas Liquids, and 1381- 1388. Authorization for these discharges must be obtained through application for a National Pollutant Discharge Elimination System (NPDES) permit under the U.S. EPA and authorization from the Railroad Commission of Texas (if applicable). • The very limited commercial activity in Trophy Club includes several restaurants, two dry cleaners, two banks, grocery; recreational facilities. See Exhibit “X”, for a complete list of commercial businesses in Trophy Club. Other commercial entities will be identified as the program progresses. Specific goals for commercial establishments regarding the inspection process (e.g., frequency, percentage of facilities inspected in a given time frame) and implementation of BMPs will be established, as required. • Map showing a majority of the storm sewer system; i.e., inlets, pipes, ditches, and open channels; as well as water, sewer and storm sewer lines. • Two (2) outfalls mapped as Lake A and Lake B located on the Trophy Club Country Club. • Identifies the receiving waters from its outfalls as Marshall Branch, Timberline Creek, Denton Creek, and Golf Course Creek, which all lead to Grapevine Lake. These waters are not listed as impaired on Texas’ 303(d) list. • The designated uses of these waters are: irrigation, recreation, and consumption. • Requires TV inspections of all sanitary sewers and storm sewers on all new construction projects. • Annually inspects and cleans out all storm sewers. • Holds semi-annual “large trash” drop-off day with our solid waste department, scheduled in conjunction with Household Hazardous Waste Recycling, to help prevent illegal dumping of waste. • Households with stand-alone septic systems are prohibited. • Labeling and storage of hazardous material is within the jurisdiction of the Fire Department. For new businesses that use or store hazardous materials, conditions of approval are included in the standard conditions and mitigation measures enforced by this department. These require that a safe, storage area for pesticides, herbicides, and fertilizers be designed to contain spills. In addition, a Hazardous Materials Business Plan must be submitted to the Fire Department for review and approval for each business in order to detect potential hazards associated with the chemicals. • The Fire Department is responsible for inspecting sites and monitoring their compliance with hazardous materials best management storage practices and spill response. 13 • Fire Department first responders and the hazardous materials response team, depending on the hazard level and severity of the spill, may make a spill response. Emphasis is made on containment and cleanup with public health and safety as the foremost consideration in an environmentally sensitive manner. Related Ordinances: • 2003 - 19 - Establish public stormwater drainage utility/adopt municipal drainage utility system act • 2003 - 30 - Public Hearing to establish stormwater drainage fees • 2005- 04 – Stormwater Ordinance regulating Construction Activity and Illicit Discharges • 2005-15 – Swimming Pool Ordinance – For pools on or after June 24, 2005, regulating all backwash or drainage to discharges into the sanitary sewer system • 2005-18 – FEMA Floodplain Prevention Ordinance 14 3.3 Selected BMPs for Illicit Discharge Detection and Elimination 3.3.1. BMP1 – Develop a Storm Sewer Map Trophy Club will create a Storm Sewer Map by utilizing the Town’s engineering firm, Teague, Nall & Perkins. Trophy Club will also investigate the feasibility of utilizing college students, through internships, to assist in the mapping of our outfalls, as well as obtaining the names and locations of all waters of the U.S. receiving discharges from those outfalls. The system will be field-verified for accuracy. The map will be updated continually from digital plan drawings as new areas are developed and a system for updating changes in existing structures will be developed and implemented. Illicit Discharge and Detection (IDDE) ~ Storm Sewer Map BMP 1 BMP 1 Activity Measurable Goals/Evaluation Schedule 1. Determine and/or define criteria by which outfalls are defined and how outfalls will be mapped. Document findings from research performed on definition of an outfall and best process for mapping of outfalls. Year 2 2. Develop and implement written plan for development of a SSM. Developed and implemented a written plan for a SSM. Year 3 Create a Storm Sewer Map (SSM). 3. Determine budget for mapping outfalls, and allocation of resources (college internships). Developed a budget for mapping of outfalls and documentation of allocated resources, with intent to map 25% of outfalls onto SSM. Year 4 4. Map outfalls within the Town’s drainage system. By end of Y5, have 100% of outfalls mapped onto a SSM. Year 5 5. By end of Year 5, implementation is complete. Year 5 3.3.1.1 Responsible Person(s)/Department: Town Engineer / Community Development. 3.3.2 BMP2 - Illicit Discharge Ordinance Trophy Club will review, evaluate and modify, as needed, its current Stormwater Ordinance to ensure that it effectively prohibits non-stormwater discharges into the storm sewer system, that it implements appropriate enforcement procedures and has appropriate actions for removing the source / mitigation of an illicit discharge, and make it part of the overall Stormwater Ordinance. Illicit Discharge and Detection (IDDE) ~ Ordinance BMP 2 Description BMP 2 Activity Measurable Goals/Evaluation Schedule 1. Review current Stormwater ordinance to determine if any modifications are necessary to ensure the proper enforcement and mediation of illicit discharges. Document what, if any, changes are recommended to current Stormwater Ordinance. Year 2 2. Begin drafting/modifying recommended changes into the Stormwater Ordinance. Written draft of modified/ updated Ordinance. Year 3 3. Finalize Stormwater ordinance and take to Council for approval. Obtain Council’s approval of modified Stormwater Ordinance. Year 4 4. Implement and enforce IDDE ordinance. Document efforts relative to implementation and enforcement of the new Ordinance. Year 5 Review, evaluate and modify current Stormwater ordinance; as necessary, to ensure it effectively prohibits non-stormwater discharges into the MS4, to include the implementation of appropriate enforcement procedures and actions for mitigation of illicit discharges. 5. By end of Year 5, implementation is complete. Year 5 15 3.3.2.1 Responsible Person(s)/Department: Development: Town Attorney and Community Development. Implementation: Community Development Detection: Police, Fire, Code Enforcement, MUD, and the Streets Department. Enforcement: Code Enforcement. 3.3.3 BMP3 TV Inspections of Storm and Sanitary Sewers Illicit Discharges and Detection (IDDE) ~ TV Inspections BMP 3 Description BMP 3 Activity Schedule Measurable Goals/Evaluation Track the number, location, and result of TV inspections for both storm and sanitary sewers. 1. Require TV inspections of all newly constructed sanitary sewer and storm sewer lines. Years 1-5 Trophy Club will continue to require all newly constructed storm sewers and sanitary sewers to be televised (video) prior to acceptance. 2. By end of Year 5, implementation is complete. Year 5 3.3.3.1 Responsible Person(s)/Department: MUDs and Streets Department. 3.3.4 BMP4 – Develop an IDDE Program Studies indicate the highest number of illicit connections and illicit discharges tend to emanate from industrial and commercial areas as well as from older communities. As a relatively young (founded in 1985), primarily residential (80 to 90%) with minor industrial and very little commercial development (less than 10%), Trophy Club proposes an IDDE program, focusing primarily on education and prevention. The initial approach to prevention and elimination of IDDE is Education; what the pollution source is; what effect it has on our watershed, and how the problem may be eliminated through BMPs. Illicit Discharge and Detection (IDDE) ~ Develop an IDDE Program BMP 4 BMP 4 Activity Measurable Goals/Evaluation* Schedule 1. Investigate/research NCTCOG’s Dry Weather Field Screening (DWFS) materials and training. Attend and/or purchase NCTCOG’s DRFS materials and training. Year 2 2. Train appropriate personnel in DWFS. Document employees trained. 3. Schedule and conduct creek walks within the watershed once per year. Document findings/actions taken. Years 3-4 Develop and mplement an IDDE Program. 4. Procedure for illicit discharges: Document reported and/or discovered illicit discharges, response time(s), actions taken, and recommended BMPs to prevent reoccurrences. a. Identify track potential source of discharge to determine appropriate agency and/or department. b. Remove and/or eliminate discharge as recommended by SRP. Year 4 c. Use education and/or enforcement, as necessary, to eliminate future discharges. Establish database of reported and discovered illicit discharges to identify reoccurrence patterns. d. Recommend BMPs, as applicable, to ensure on- going compliance. 5. Spill and Complaint Response: Document reported illicit discharges, response time, actions taken, and recommended remedies to prevent reoccurrences. a. Respond within 24 hours upon receipt of a complaint or discovery of a spill, discharge or illegal connection. Year 4 6. By end of Year 5, implementation is complete. Year 5 16 3.3.4.1 Responsible Person(s)/Department: Development: Town Attorney and Community Development. Implementation: Community Development Detection: Police, Fire, Code Enforcement, MUD, and the Streets Department. Enforcement: Code Enforcement. 3.3.5 BMP5- Public Education on Illegal Discharges and Improper Disposal Trophy Club will develop a public education effort to inform its employees, businesses, residents, and the general public of hazards associated with illegal discharges, improper disposal of waste and illegal dumping. This BMP addresses MCM 1.3.9 under Public Education; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 3.3.6 BMP6 Storm Water Reporting Hotline and Online Reporting Trophy Club will set up and publicize its Storm Water Reporting Hotline (i.e., a published phone number and web page/e- mail) to encourage the public’s involvement in reporting, anonymously, if so desired, illegal dumping, and illicit discharge activities. This will facilitate public participation and provide information that will assist in detection and alleviation of illegal dumping. This BMP also addresses MCM 1.3.6 Storm Water Reporting Hotline; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 3.3.7 BMP7 Regional Cooperative Partnership Trophy Club will continue to coordinate with North Central Texas Council of Governments (NCTCOG) to provide stormwater awareness and information to the community. NCTCOG provides information, materials, and support to Trophy Club for programs to increase stormwater awareness. Trophy Club staff will attend and participate in IDDE trainings and workshops, some of which are in the form of Dry Weather Field Screening. This BMP is combined as part of the overall Regional Cooperative Partnership. Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed under Public Education BMP1.3.3. 3.3.8 BMP8 Semi-Annual Household Hazardous Waste Events Trophy Club will continue funding annual ILA (Interlocal Agreement) with Fort Worth Environmental for semi-annual Household Hazardous Waste Collection Events in Town and use of Fort Worth Environmental’s Drop-off Center. The Town has two events a year; one in the Spring and one in the Fall, and has had excellent turnouts every year since we began approximately six years ago. Educational stormwater information is distributed to participants at this event. 17 MCM 4. Construction Site Stormwater Runoff Control 4.1 TPDES Permit Regulatory Text – Part III.A.4 The MS4 operator, to the extent allowable under State and local law; must develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to the small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre or if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more of land. The MS4 operator is not required to develop, implement, and/or enforce a program to reduce pollutant discharges from sites where the construction site operator has obtained a waiver from permit requirements under NPDES or TPDES construction permitting requirements based on a low potential for erosion. (a) The program must include the development and implementation of, at a minimum, an ordinance or other regulatory mechanism, to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under State and local law. (b) Requirements for construction site contractors to, at a minimum: (1) Implement appropriate erosion and sediment control BMPs; and (2) Control waste, such as discarded building materials, concrete truck washout water, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. (c) The MS4 operator must develop procedures for: (1) Site plan review which incorporate consideration of potential water quality impacts; (2) Receipt and consideration of information submitted by the public; and (3) Site inspection and enforcement of control measures to the extent allowable under state and local law. 18 4.2 Current Programs Trophy Club has and will continue to implement an erosion control program for construction site operators as required by Ordinance 2005-04. The Ordinance sets forth requirements for control of erosion from construction sites. The Ordinance provides performance standards and penalty provisions for noncompliance. All applications for land development are required to submit an erosion and sedimentation control plan for approval prior to the start of construction. Operators are required to design, install, maintain and correct erosion control measures. Trophy Club’s Design Standards and Construction Specifications (March 2005) requires: o All construction activity, regardless of size, shall comply with NCTCOG’s “Storm Water Quality Best Management Practices for Construction Activities” Manual (BMP’s), current edition, except as modified in the Town of Trophy Club Design Standards and Construction Specifications. o All construction activities on sites greater than one (1) acre shall comply with the provisions and regulations of the Texas Pollutant Discharge Elimination System – Construction General Permit. Trophy Club’s Development Guidelines: o Trophy Club Design Standards for Construction Specifications (March 2005) o Trophy Club Comprehensive Land Use Plan o Trophy Club Subdivision Regulations – Ordinance 2001-21 P & Z – Updated September 2001 o Ordinance 2000–06; 2000-24; 2001-29 - Comprehensive Zoning Ordinance o Ordinance 2001-02 – Dedication of Park Land and Open Space o Ordinance 2001-26 – Developer Cost Participation for Construction of Public Improvements o Ordinance 2005- 04 – Stormwater Ordinance regulating Construction Activity and Illicit Discharges o Ordinance 2005-15 – Swimming Pool Ordinance – Regulating all backwash or drainage to discharge into the sanitary sewer system for pools constructed on or after June 24, 2005. o Ordinance 2005-18 – FEMA Floodplain Prevention o Ordinance 2006-06 – Parkland & Open Space o Ordinance 2006-11 – Comprehensive Zoning Ordinance o Ordinance 2006-13 – Water Conservation o Ordinance 2006 - 40 - Tree Preservation and Removal o Ordinance 2007-02 – Land-Disturbing Activities Town-adopted Building Codes: o 2002 National Electrical Code o 2003 International Building Code o 2003 International Residential Code o 2003 International Mechanical Code o 2003 International Plumbing Code o 2003 International Energy Conservation Code o 2003 International Fire Code 19 4.3. Selected BMPs for Construction Site Storm Water Controls 4.3.1. BMP1 Ordinance for Construction Site Erosion and Sediment Controls Trophy Club developed Ordinance 2005-04 to regulate Construction Site Operators to comply with erosion and sediment controls at construction sites, as well as sanctions for non-compliance with the requirements. The Ordinance and associated Trophy Club requirements and procedures requires construction site operators to implement appropriate erosion and sediment controls, control of wastes at construction sites and to comply with TPDES’ Construction General Permit as well as complying with all local and State regulations. Construction Site Stormwater Controls ~ Ordinance Measurable Goals/ Evaluation* BMP 1 Description BMP 1 Activity Schedule 1. Continue to implement, enforce and review ordinance, amending as necessary. Document any reviews enforcements, and / or amendments. Years 2-5 2. Continually review Ordinance for effectiveness, updating as necessary. Document any updates and/or recommendations. Years 2-5 Ordinance for Erosion and Sediment controls at Construction Sites, requiring developers to include erosion control measures and to utilize approved BMP’s in their projects and requiring compliance with the TPDES Construction General Permit and all local and State regulations. 3. By end of Year 5, implementation is complete. Year 5 4.3.1.1 Responsible Person(s)/Department: Implementation: Community Development Enforcement Building Inspections along with Code Enforcement. 4.3.2. BMP2 Site Inspections and Enforcement Trophy Club will continue inspecting construction sites for Stormwater Controls, while developing procedures to ensure compliance with the requirements of the TPDES General Permit. Enforcement will be through our ordinance or a stop work order. Construction Site Stormwater Controls ~ Site Inspections and Enforcement Measurable Goals/ Evaluation* BMP 2 BMP 2 Activity Schedule 1. Continue existing site inspection practices and incorporate inspection of erosion and sediment / waste controls and other related stormwater runoff control measures. Document inspections and actions taken, as applicable. Years 1-5 Construction 2. Review and evaluate current processes, recommending improvements, as appropriate. Document recommended improvements. Years 2-5 Site Inspections and Enforcement Document effect of recommended changes, as applicable. 3. Implement recommended changes, as applicable. Year 5 4. By end of Year 5, implementation is complete. *Additional Evaluation may be obtained by establishing a database of inspection violations to identify reoccurrence patterns. 4.3.2.1 Responsible Person(s)/Department: Building Inspector/Community Development. 20 4.3.3. BMP3 Development of Procedures for Site Plan Review Trophy Club will continue existing measures for site plan review to ensure compliance with erosion and sediment and waste control requirements. Additionally, Trophy Club will review and evaluate current site plan review procedures to ensure compliance with permit requirements. Trophy Club will identify and implement additional program requirements and training needs for compliance with permit requirements, as appropriate. Construction Site Stormwater Controls ~ Site Plan Review BMP 3 Description BMP 3 Activity Schedule Measurable Goals/Evaluation 1. Continue existing measures for site plan review to ensure compliance with erosion and sediment and waste control requirements. Year 1-2 2. Review and evaluate current site plan review procedures and compare those to permit requirements. Documentation of recommended improvements to site plan review, as applicable. Year 3-4 3. Identify, develop and implement additional program requirements and training needs as appropriate for Site Plan Review in order to comply with permit requirements. Documentation of additional program requirements and training of personnel, as applicable. Year 4-5 Review, Evaluate, Identify, Develop, and Implement Additional Site Plan Review Requirements, as applicable/necessary, for compliance with permit requirements. 4. By end of Year 5, implementation is complete. Year 5 4.3.3.1 Responsible Person(s)/Department: Town Planner / Planning and Zoning. 4.3.4. BMP4- Public Education on CSSCR Trophy Club will acquire and/or develop educational materials for Construction Site Stormwater Control Requirements (CSSCR) to inform construction site operators and the public regarding proper Construction Site Storm Water Controls. This BMP also addresses MCM 1.3.8 Public Education on CSSCR; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 4.3.5. BMP5 Stormwater Reporting Hotline & Online Reporting Currently, Trophy Club has an Online Reporting Forum (ORF) for reporting Stormwater-related issues through its Citizen Relationship Management Program (CRM). Additionally, Trophy Club will set up a Stormwater Hotline (SWH) (i.e., a published phone number) for the public to call and report stormwater-related problems and issues. This will involve the public and facilitate the ability for the public to provide information to assist in detection and alleviation of stormwater- related issues. This BMP also addresses MCM 1.3.6 SWH & ORF under Public Education; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 4.3.6. BMP6 Regional Cooperative Partnership Trophy Club will continue to coordinate with North Central Texas Council of Governments (NCTCOG) to provide construction-relation stormwater awareness information to the community, to construction site operators as well as providing Construction Inspection Training for our Inspectors. NCTCOG provides information, materials, and support to Trophy Club for programs to increase stormwater awareness. This BMP is combined under all six Minimum Control Measures. Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed under Public Education BMP 1.3.3. 21 4.3.7 BMP7 Stormwater Webpage This BMP allows employees, residents, children, teachers, visitors, the general public and construction site personnel to learn about Stormwater Management online; what it is, what part the Town is playing, and what they can do to help protect our water from pollutants. These web pages are integrated into the Town’s existing website as well as having links to additional valuable resources and information. This BMP also addresses MCM 1.3.2 Stormwater Webpage under Public Education and Outreach; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 22 MCM 5. Post Construction Stormwater Management in New Development and Redevelopment 5.1 TPDES Permit Regulatory Text – Part III.A.6 To the extent allowable under state and local law, the MS4 operator must develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects that disturb greater than or equal to one acre of land, including projects less than one acre that are part of a larger common plan of development or sale that will result in disturbance of one or more acres, that discharge into the small MS4. The program must ensure that controls are in place that would prevent or minimize water quality impacts. The permittee shall: (a) Develop and implement strategies which include a combination of structural and/or non-structural BMPs appropriate for your community; (b) Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under State and local law; and (c) Ensure adequate long-term operation and maintenance of BMPs. 5.2 Current Programs Trophy Club realizes that urban runoff quality issues impact almost all areas of development and therefore recognizes the importance of integrating stormwater quality issues into its planning process. Trophy Club’s Comprehensive Land Use Plan has goals and objectives, which are to protect all existing natural areas to a maximum extent practicable during the Town’s development process and utilize whenever possible, open space linkages, to realize that the natural environment and ecosystems are a substantial quality that contribute to the character of the Town and should be preserved and protected, to provide a variety of park types that satisfy the recreational needs of all citizens of the Town; to encourage the development of at least once acre of park or recreation space for every one hundred residents in Trophy Club; and to encourage the development of park linkages with walkways, pathways, and jogging paths. Trophy Club will continue utilizing the Comprehensive Land Use Plan while investigating and amending its requirements in order to comply with the TPDES General Permit. New development and redevelopment projects in the Town offer a unique opportunity to control pollution, as a result the Town will delve even further into requiring future projects to integrate stormwater quality treatment controls into their project design. The intent is to ensure that pollutants in site runoff are reduced to the maximum extent practicable for the life of the project. The Town requires Grading Permits for Land-Disturbing Activities to meet the requirements of the TPDES General Permit. The Town’s Tree Mitigation Program provides guidelines for the protection of mature and/or trees of recognized value within the proposed construction zone over one (1) acre. The policy provides for replacement and replanting of protected trees that must be removed during construction projects. 23 5.3 Selected BMPs for Post Construction Stormwater Management (PCSWM) for New Development and Redevelopment 5.3.1 BMP1 Ordinance for PCSWM Controls for New Development and Redevelopment Trophy Club will enact an ordinance to effectively require PCSWM runoff controls for new development and/or redevelopment and to ensure proper long-term operation and maintenance of controls. PCSWM in New Development and Redevelopment ~ Ordinance BMP 1 BMP 1 Activity Schedule Measurable Goals/Evaluation 1. Review existing ordinances relating to stormwater control for PCSWM. Document number and source of PCSWM ordinances reviewed. Year 2 2. Begin drafting/modifying ordinance. Have a written draft for a PCSWM Ordinance. Year 3 3. Finalize ordinance. Finalized PCSWM Ordinance. Year 4 4. Distribute Ordinance information to developers and builders; implementing and enforcing as necessary. Document efforts relative to distribution, implementation and enforcement of PCSWM Ordinance. Year 5 Develop an Ordinance requiring PCSWM controls for New Development and/or Redevelopment. Year 5 5. By end of Year 5, implementation is complete. 5.3.1.1 Responsible Person(s)/Department: Development: Town Attorney / Community Development. Implementation: Community Development Distribution: Permitting and/or Planning and Zoning Enforcement: Code Enforcement/Police Department. 5.3.2 BMP2 Development Review Process PCSWM in New Development and Redevelopment ~ Review Process BMP 2 BMP 2 Activity Schedule Measurable Goals/Evaluation 1. Review all development plans for compliance with floodplain requirements; for adequacy of infrastructure design for drainage, and for efficient use of BMPs. Document number of plans reviewed and recommended actions and/or improvements, if any, or as appropriate. Years 2-5 2. Continue to encourage the preservation of natural channels and the 100-year floodplain. Document where, if any, changes to development made as result of preservation recommendations. Years 2-5 Review all future development plans for compliance with current requirements. Year 5 3. By end of Year 5, implementation is complete. 5.3.2.1 Responsible Person(s)/Department: Town Engineer / Planner with assistance from Planning and Zoning. 24 5.3.3 BMP3 Review, Modify and Improve Plans and Regulations Trophy Club will continue to review and modify, as necessary, its Comprehensive Land Use Plan, Subdivision Regulations, as well as investigate available options to better address Post-Construction and/or Redevelopment stormwater management minimum control measures. PCSWM in New Development and Redevelopment ~ Review & Modify Measurable Goals/ Evaluation BMP 4 Description BMP 4 Activity Schedule 1. Evaluate current processes to determine if there are deficiencies while also researching Post Construction/ Redevelopment Guidelines/Manuals (PCRGMs). Year 3-5 2. Identify deficiencies and recommend additional requirements, resources, and training needs, for compliance or recommend adoption of PCRGM. Document recommendations, if any, and changes and/or improvements made. Year 3-5 3. Develop goals and requirements and acquire needed resources, as necessary, to comply with Permit MCMs, or recommend adoption of a PCRGM. Year 4 4. Update plans, procedures, and regulations, and implement, as necessary OR adopt a PCRGM. Document goals/ requirements to meet Permit MCMs or Council-approved adoption of a PCRGM. Year 5 Review, evaluate, and modify, as necessary, our Comprehensive Land Use Plan, Subdivision Regulations, to better address Post-Construction and/or Redevelopment Stormwater Management MCMs, to include possible adoption of a NCTCOG-created Design Manual or similar document. 5. By end of Year 5, implementation is complete. Year 5 5.3.3.1 Responsible Person(s)/Department: Town Engineer/Planner and Planning and Zoning. 5.3.4 BMP5 Regional Cooperative Partnership Trophy Club will continue to coordinate with North Central Texas Council of Governments (NCTCOG) to provide stormwater awareness information to the community. NCTCOG provides information, materials, and support to Trophy Club for programs to increase stormwater awareness, training, education as well as latest trends. This BMP is combined under all six Minimum Control Measures. Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed under Public Education BMP 1.3.3. 25 MCM 6. Pollution Prevention/Good Housekeeping for Municipal Operations 6.1 TPDES Permit Regulatory Text – Part III.A.4 A section within the SWMP must be developed to establish an operation and maintenance program, including an employee training component that has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. (a) Good Housekeeping and Best Management Practices (BMPS) Housekeeping measures and BMPs (which may include new or existing structural or non-structural controls) must be identified and either continued or implemented with the goal of preventing or reducing pollutant runoff from municipal operations. Examples of municipal operations and municipally owned areas include, but are not limited to: (1) park and open space maintenance; (2) street, road, or highway maintenance; (3) fleet and building maintenance; (4) stormwater system maintenance; (5) new construction and land disturbances; (6) municipal parking lots; (7) vehicle and equipment maintenance and storage yards; (8) waste transfer stations; and (9) salt/sand storage locations (b) Training A training program must be developed for all employees responsible for municipal operations subject to the pollution prevention/good housekeeping program. The training program must include training materials directed at preventing and reducing stormwater pollution from municipal operations. Materials may be developed, or obtained from the EPA, states, or other organizations and sources. Examples or descriptions of training materials being used must be included in the SWMP. (c) Structural Control Maintenance If BMPs include structural controls, maintenance of the controls must be performed at a frequency determined by the MS4 operator and consistent with maintaining the effectiveness of the BMP. The SWMP must list all of the following: (1) maintenance activities; (2) maintenance schedules; and (3) long-term inspection procedures for controls used to reduce floatables and other pollutants. (d) Disposal of Waste Waste removed from the small MS4 and waste that is collected as a result of maintenance of stormwater structural controls must be properly disposed. A section within the SWMP must be developed to include procedures for the proper disposal of waste, including: 26 (1) dredge spoil; (2) accumulated sediments; and (3) floatables. (e) Municipal Operations and Industrial Activities The SWMP must include a list of all: (1) municipal operations that are subject to the operation, maintenance, or training program developed under the conditions of this section; and (2) Municipally owned or operated industrial activities that are subject to TPDES stormwater regulations. 6.2 Current Programs Trophy Club currently: • Has approximately 40 miles of storm sewers, as well as stormwater drainage ditches. • Handles runoff management, street drainage system maintenance, and street maintenance through the Streets Department. • Performs street sweeping services on an as-needed basis. • Has adopted and enforces Ordinance 2002-18, “Pooper-Scooper” ordinance. • Distributes educational materials on proper disposal of pet waste. • Utilizes MGC0 – Magnesium Chloride to deice roadways. • Each and every Storm Sewer is manually inspected and cleaned at least once a year with ALL wastes transported to roll-off containers and removed by our Franchised Waste Collector. • All newly constructed Storm Sewers and Sanitary Sewers are videoed before acceptance • The MUDs operate a computerized Supervisory Control and Data Acquisition System (SCADA) to manage our water and wastewater systems including nine (9) sanitary sewer lift stations (three (3) more at build out). This state of the art computerized system continuously monitors and reports the level of wastewater in the lift stations and the status of pumps and power failures. • The Trophy Club MUD Department maintains the water and the sanitary sewer system. To date the WWTP system has received exemption from stormwater permitting regulations. • Trophy Club MUD 1 has a No Exposure Certification (NEC) for their Wastewater Treatment Plant located at 1499 Indian Creek, Denton County, Trophy Club, TX 76262. The NEC Permit Number is TXRNES359, Coverage Effective: March 03, 2005, Issued: May 31, 2007, and Expires: August 14, 2011, unless otherwise amended. Copy of the NEC is enclosed within this SWMP. • The MUDs test the water daily in Trophy Club for chlorine residual at nine (9) stations located throughout the Town. • Once a month, the MUDs test the water in Trophy Club for Escherichia coli (E. coli) and Coliform at nine (9) stations located throughout the Town. 27 6.3 Selected BMPs for Municipal Operations 6.3.1 BMP1 Storm Sewer Inspections Continue annual inspection of all Town storm sewers. Pollution Prevention/Good Housekeeping for Municipal Operations ~ Storm Sewer Inspections BMP 1 Description BMP 1 Activity Schedule Measurable Goals/Evaluation 1. Continue annual inspection of Town storm sewers. Document findings, recommendations and/or repairs. Years 1-5 Annually inspect Town storm sewers, document findings, and implement recommendations. 2. By end of Year 5, implementation is complete. Year 5 6.3.1.1 Responsible Person(s)/Department: Street Superintendent. 6.3.2 BMP2 Spill Response Plan and Training Trophy Club will develop and implement a Spill Response Plan (SRP) and provide SRP training to all applicable employees for proper procedures when responding to a Hazardous Spill. Pollution Prevention/Good Housekeeping for Municipal Operations ~ SRP BMP 2 BMP 2 Activity Schedule Measurable Goals/Evaluation* 1. Perform research to develop and/or acquire a SRP and appropriate SRP training materials. Document where, what and from whom a SRP and/or SRP training materials were researched and/or acquired. Years 2-5 2. Develop and/or acquire a SRP and SRP- related training materials. Developed or acquired a SRP and associated training materials. Years 3-5 3. Provide SRP Training with periodic refresher trainings. Document number of employees trained and/or trainings provided. Years 4-5 4. Post SRP Training information to intranet site. Training information is available on Intranet Site. Years 4-5 Develop a SRP, and Provide / Conduct SRP-related Training to appropriate personnel. 5. By end of Year 5, implementation is complete. Year 5 Additional Evaluation may be obtained through feedback forms and/or questionnaires from employees who have received training. 6.3.2.1 Responsible Person(s)/Department: Fire Chief and Utility Superintendent. BMP3 Municipal Employee Training Program 6.3.3 This BMP will serve to educate Town employees about methods to prevent and reduce stormwater pollution from municipal activities and teach Good Housekeeping for Municipal Operations, to include Proper Waste Disposal. The Town will take efforts to make certain our personnel are trained to follow proper disposal requirements associated with dredge material, accumulated sediments and floatable materials. This BMP also addresses MCM 1.3.7 Municipal Employee Training Program under Public Education and Outreach; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 6.3.4 BMP8 Semi-Annual Household Hazardous Waste Events Trophy Club will continue funding annual ILA (Interlocal Agreement) with Fort Worth Environmental for semi-annual Household Hazardous Waste Collection Events in Town and use of Fort Worth Environmental’s Drop-off Center. The Town has two events a year; one in the Spring and one in the Fall, and has had excellent turnouts every year since we began approximately six years ago. Educational stormwater information is distributed to participants at this event. 28 6.3.5 Develop and Implement an Operation and Maintenance Program (O&MP) Trophy Club will acquire or develop, through research and/or NCTCOG, the needed resources and/or training to develop written procedures and guidelines to implement an O&MP. Upon development of the O&MP, an audit will be conducted of our Municipal Departments for possible stormwater impacts. Upon completion of the audit, Trophy Club will develop appropriate BMPs to reduce and/or prevent stormwater pollution runoff from municipal operations as a result of the audit. Pollution Prevention/Good Housekeeping for Municipal Operations ~ O&MP BMP 5 Description BMP 5 Activity Schedule Measurable Goals/Evaluation 1. Research resources to develop and/or acquire an O&MP, to include NCTCOG. Document where, what, and from whom materials have been researched and/or acquired. Years 2 2. Develop and/or acquire an O&MP. Developed and/or acquired O&MP. Years 3 3. Perform audit of departments for possible stormwater impacts. Document results of audit. Years 4 4. Develop BMPs to address possible stormwater impacts by department. List of developed BMPs. Year 4 5. Implement O&MP. Document implementation of O&MP. Year 5 Research to develop and/or acquire an O&MP, to perform an audit of stormwater impacts within Municipal Departments and develop appropriate BMPs to effectively eliminate stormwater impacts from Municipal Operations. 6. By end of Y5, implementation is complete. Year 5 6.3.5.1 Responsible Person(s)/Department: Community Development. 6.3.6 BMP6 TV Inspections of Storm and Sanitary Sewers Trophy Club will continue to require all newly constructed storm sewers and sanitary sewers to be televised (video) prior to acceptance. As part of this plan, Trophy Club will document the number, location, and result of TV inspections performed on its storm and sanitary sewers. This BMP also addresses MCM 3.3.3 TV Inspections of Storm and Sanitary Sewers under Illicit Discharge and Detection; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 6.3.7 BMP7 Regional Cooperative Partnership Trophy Club will continue to coordinate with North Central Texas Council of Governments (NCTCOG) to provide stormwater awareness information to the community. NCTCOG provides information, materials, and support to Trophy Club for programs to increase stormwater awareness. This BMP is combined under all six Minimum Control Measures. Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed under Public Education BMP 1.3.3. 6.3.8 BMP8 Stormwater Reporting Hotline and Online Reporting Trophy Club will set up a reporting hotline (i.e., a published phone number and web page/e-mail) to encourage the public’s involvement in reporting, anonymously, if so desired, illegal dumping and discharges. This will facilitate public participation and provide information that will assist in detection and alleviation of illegal dumping. This BMP also addresses MCM 1.3.6 Stormwater Reporting Hotline and Online Reporting under Public Education and Outreach; where the Measurable Goals/Evaluation, Schedule, and Responsible Persons are listed. 29 Conclusion: Trophy Club has opted to not include the optional seventh (7th) minimum control measure (MCM) for municipal construction activities and instead will submit an individual Notice of Intent (NOI) for each construction project as needed. This Stormwater Management Plan complies with the Texas Pollutant Discharge Elimination System (TPDES), Phase II requirements. This Plan will be reviewed, updated, and revised each year, as necessary, to maintain the goals of: reducing the discharge of pollutants to the “maximum extent practicable” (MEP), protecting the water quality, and satisfying the appropriate water quality requirements of the Clean Water Act and TCEQ. Examples and/or descriptions of training materials obtained and/or developed will be included in the SWMP as they are developed and or acquired. Trophy Club will track its BMP activities, their results, and changes to this SWMP through the annual report submitted to TCEQ for each year of this Permit. The BMPs will be reviewed every year to verify the Measurable Goals are being satisfied. At that time, if a goal is not being met, the BMP will be adjusted to better meet our goals. Any improvement and or modification to the SWMP or to any BMP will be included in the annual report. Any changes to a BMP will be made to increase the effectiveness of the Measurable Goal. A Notice of Change will be submitted with the annual report when a BMP has been changed. To comply with the Permit requirements, a copy of the TPDES Permit, the SWMP, and the NOI will be kept on file at the Town of Trophy Club Municipal offices. Copies may be obtained online at: www.ci.trophyclub.tx.us By e-mail: mmoore@ci.trophyclub.tx.us By mail: Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Attn: Mary Moore, Environmental Coordinator By phone: 682.831.4685 In person: Public Services Building, 100 Municipal Drive, Trophy Club, TX Point of Contact: Mary Moore 30 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. B.5 Discuss and take appropriate action concerning setting up a separate account for monies received from Centurion American. (Neil Twomey) EXPLANATION: For discussion (nt) Attachments: 1. None MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. B.6 Discuss and provide update on the Buxton Study (Neil Twomey) EXPLANATION: For discussion (nt) Attachments: 1. None MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. B.7 Discuss and take appropriate action concerning proposed improvements and additions to the fire station and to consider the advisability and method of financing thereof. EXPLANATION: For discussion. Attachments: 1. None MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No.C.1 Receive District Manager's Report a. Items to be placed on future agendas (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. C.2 Receive Finance Director's Report (smd) Attachments: 1. None MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. D.1 Review and Approve Minutes a. January 8, 2008 - Regular Session minutes (mm) Attachments: 1. Minutes MINUTES OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 January 8, 2008 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Regular Session on Tuesday, January 8, 2008, at 6:00 p.m., in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Dean Henry President Connie White Secretary/Treasurer Jim Hase Asst. Secretary/Treasurer Gary Cantrell Vice President Neil Twomey Director STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Sakura Dedrick Finance Director Danny Thomas Fire Chief Mary Moore Recording Secretary Bob West Attorney Left at 6:32 p.m. REGULAR SESSION A.1 Call Meeting to Order. President Henry announced a quorum and called the meeting to order at 6:00 p.m. A.2 Public Comments or Presentations. No public present. B.1 Discuss and take action concerning the "Interlocal Cooperation Agreement for Administration of Fire Protection Services" of 2003, between the Town of Trophy Club and the Master District; particularly but not exclusively whether or not the same should be cancelled in accordance with its terms. (Twomey) After comments and discussion from last night’s joint session meeting, Director Twomey suggested canceling the ILA for Fire Protection Services with the Town, effective September 30, 2008. Board agreed that action on this item should be by the Master District Board. District Manager Fitzpatrick offered his opinion, which was contrary to that of the MUD 1 Board, as the functions do not change, nor is there a benefit; no significant efficiencies to be gained by canceling the ILA. Attorney West stated that since the expiration date is not until September 2008, this gives the Board plenty of time to do their research and due diligence. No action taken. B.2 Discuss and take appropriate action concerning proposed improvements and additions to the fire station and to consider the advisability and method of financing thereof. Director Hase updated the Board regarding today’s Fire Station Committee meeting. MUD 2 may want to utilize cash for their proportional costs for the Fire Station, and may want to decline to have a Bond for MUD 2’s portion of costs for the construction of the new Fire Station. MUD 1 will go out to Bond for their portion. Director White offered her thoughts of having MUD 1 going out for the total bond for the cost of the Fire Station, and then have each entity pay their portion, dependent upon their valuation. President Henry states they have a conference call scheduled with Dan Almon (Financial Advisor) tomorrow, who may better advise how each entity can fund their portion of the Fire Station. No action. B.3 Discuss and take appropriate action with regard to possible renewal of the New Intergovernmental Contract for Employee Services, dated October 1, 2005, between the Master District and the Town of Trophy Club. From discussions at last night’s joint meeting with the Town Council, the action was to have the attorneys (Town and MUDs) work together on the contract. Attorney West left at 6:32 p.m. B.4 Discuss, review and receive input and direction regarding draft Stormwater Management Plan. The MUD 1 Board offers their support and backing of the draft Stormwater Management Plan. B.5 Discuss the creation and appointment of citizens to a Bond Steering Committee for the upcoming Fire Station Bond Election. Director Cantrell asked that each Board Member make a recommendation for a citizen to be on this committee. Staff will offer their support to the Committee; however, they will not be part of the Committee. Director Twomey stated the Board Members could only be part of the Committee for informational purposes. Finance Director Dedrick offered the suggestion of having seven committee members plus two alternates. Discussion held with no action taken. C.1 Receive District Manager's Report a. Items to be placed on future agendas District Manager Fitzpatrick had nothing to report. Director Twomey would like to have an agenda item for a separate account for monies received from Centurion American. Director Twomey also asked for an update on the Buxton Study and the costs to the MUDs for the employee training sessions. District Manager Fitzpatrick estimated the total cost in personnel hours from the employee training sessions was approximately $4,200. C.2 Receive Finance Director's Report Finance Director Dedrick provided the following update: 1. Audit Update – draft financials are scheduled the first working day of January. Some issues with fixed assets. D.1 Review and Approve Minutes a. December 13, 2007 - Regular Session minutes Director Henry moved to approve the minutes for December 13, 2007. Director Cantrell seconded the motion. Motion carried unanimously. D.2 Review and Approve Disbursements and Variance Report a. October 2007 b. November 2007 Director Cantrell moved to approve the October 2007 Financials and Variance Report/Disbursements. Director Twomey seconded the motion. Motion carried unanimously. November 2007 disbursements/financials will be reviewed in February. D.3 Review Monthly Tax Collection Report a. November 2007 Reviewed, with no action taken. D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, February 12 or Tuesday, March 11, 2008, at 6:00 p.m. Board agreed to meet on February 5th, 2008 at 6:00 p.m. F.1 Adjourn. Meeting adjourned at 7:01 p.m. _________________________________ Dean Henry, President (SEAL) ____________________________________ Constance S. White, Secretary/Treasurer ______________________________________ Mary Moore, Recording Secretary MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. D.2 Review and Approve Disbursements and Variance Report a. November 2007 EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (smd) Attachments: 1. November Budget Variance Report MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. D.3 Review Monthly Tax Collection Report a. December 2007 EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (mm) Attachments: 1. Dec Tax Collection Report MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No. D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, March 11 or April 8, 2008, 6:00 p.m. (mm) Attachments: 1. Calendar Closed meeting of the Board of Directors in accordance with Section 551.071 Tex. Gov. Code: Adjourn into closed meeting for the Board to conduct a private consultation with its attorney for the following purpose: To seek advice of the attorney concerning future MUD 1 plans.1E2-5-2008 Discuss and take appropriate action regarding discussions held in Closed Session.1F2-5-2008 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 2-5-2008 Subject: Agenda Item No.F.2 Adjourn. (mm)