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Minutes TC 04/25/2017 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS Tuesday,April 25,2017 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, April 25, 2017. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tern, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 STAFF PRESENT: Tom Class Town Manager David Dodd Town Attorney Holly Fimbres Town Secretary/RMO Amber Karkauskas Director of Finance/CFO Sherri Lewis PIO/Communications Manager John Zagurski Budget Manager Steve Zieverink Information Technology Specialist Mayor Sanders announced the date of Tuesday,April 25,2017, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Mayor Sanders. The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tem Lamont. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda; Item No. 8; Item No. 9; Item No. 10; Item No. 11; Item No. 12; Executive Session;Item No. 11;Item No. 14;and Item No. 15) CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s)of your statement. Topics of presentation should be limited to matters over which the Council has authority. There were no citizen presentations. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Class' update regarding the following,discussion and provide input regarding same (Staff): • May 6, 2017 General Election — Early voting will conclude on May 2nd and approximately 161 residents voted by personal appearance as of April 25th. • Kite Fest—Will be held on April 29th from 2 p.m.to 4 p.m. at Harmony Park. • Hiring Process — Interviews have been completed for the Director of Administration position and the following positions have been posted: Director of Community Development, Human Resources Manager, Accounting Clerk,and Administrative Assistant. 2. Receive Town Council Liaison Updates;discussion of same(Staff): *Parks and Recreation Board,April 17,2017 Council Member Philip Shoffner *Economic Development Corporation 4B,April 24,2017 Council Liaison-Council Member Rhylan Rowe Council Member Shoffner advised that the Parks and Recreation Board reviewed the uniformity of various amenities within the Park system,which would be presented to the Council for consideration in May 2017. Council Member Rowe stated that the primary item discussed by the Economic Development Corporation(EDC)4B was the Trophy Wood District Request for Proposal (RFP). EDC 4B Director Sean Bone commented that the Corporation would provide any additional feedback to Staff by April 26,2017 and the RFP would go out on April 28, 2017. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 3. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated March 28, 2017(Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet) 4. Consider and take appropriate action regarding calling a Special Town Council meeting to be held on May 17, 2017 at 9:00 a.m. in order to canvass the returns and declare the results of the May 6, 2017 Town General Election(Staff). 5. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2016-33, authorizing participation in various cooperative purchasing programs, and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Town's Procurement Policies and Procedures; authorizing execution of any and all necessary agreements for participation in the cooperative programs by the Mayor or his designee; approving related contracts and the payment of related fees in accordance with the budget;and providing an effective date(Staff). 6. Consider and take appropriate action regarding a Right-of-Way Dedication Deed from OTD TC, LLC to the Town for a 0.151 acre tract of land,part of Lot 2R-2, Block B,Trophy Wood Business Center(Staff). 7. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town and Denton County for the Fiscal Year 2017-2018 Shared Governance Communications and Dispatch Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or his designee to execute all necessary documents(Staff). Town Council Minutes April 25, 2017 Page 2 of 6 Motion made by Mayor Pro Tern Lamont, seconded by Council Member Parrow, to approve the Consent Agenda Items 3 through 7. Motion passed unanimously. REGULAR SESSION 8. Consider and take appropriate action regarding accepting the nominations from the Citizen of the Year Committee, recognizing the 2016 Citizen of the Year Nominees, and announce the recipients; discussion of same(Staff). Mayor Sanders stated that the first Citizen of the Year (COY) Recognition was in 2003 and consisted of one Adult category. In 2008 and 2009 three awards were presented encompassing two Adult categories, Civic and Philanthropic, and one Youth category. Starting in 2010 two awards have been presented with one Adult category and one Youth category. Nominations are received by the citizens and are considered by the COY Committee comprised of former COY recipients. Mayor Pro Tern Lamont recognized the 2016 Youth Citizen of the Year nominees: • Raegan Arata • Garrison "Trevor"Smith Mayor Sanders announced Trevor Smith as the 2016 Youth Citizen of the Year recipient and presented him with a plaque. Mayor Pro Tem Lamont recognized the 2016 Adult Citizen of the Year nominees: • Margaret Anderson • Nicole Arata • Chris Bailey • Cameron Jolly • Tiffany Nimphius Council Member Rowe announced Tiffany Nimphius as the 2016 Adult Citizen of the Year recipient and presented her with a plaque. Town Manager Class announced that the Volunteer Appreciation Reception would be held at the Trophy Club Country Club on June 2,2017. 9. Consider and take appropriate action regarding the Mid-Year Financial Report for Fiscal Year 2017(Staff). Director of Finance/CFO Karkauskas highlighted areas of the Mid-Year Financial Report and advised that the Town had received 77 percent of the budgeted revenues in the General Fund, while expenditures totaled only 41 percent of the budgeted amount. Additionally, she noted that the authorization of the issuance of Certificates of Obligation would be presented to the Council on May 23, 2017, that the Recreational programs were currently at 65 percent of their expenditures, and that transfers for the Tax Increment Reinvestment Zone No. 1 would be processed in the next few months. Motion: Motion made by Council Member Rowe, seconded by Council Member Kurtz, to accept the Mid-Year Financial Report for Fiscal Year 2017. Motion passed unanimously. 10. Discussion of and provide direction to Town Staff regarding the Fiscal Year 2018 Budget presentation(Staff). Director of Finance/CFO Karkauskas inquired if Council preferred receiving the Fiscal Year 2018 Budget presentation in segments as previously provided the past two years. Mayor Sanders received consensus from the Council to continue receiving the budget in segments. Town Council Minutes April 25,2017 Page 3 of 6 Mayor Sanders preferred to begin the budget process with a lower tax rate due to property values continuing to escalate. Council Member Rowe was in favor of starting budget discussions with the effective rate. He commented that the Council ensures that the majority of the new property value revenue has been applied to capital improvement projects or lowering the Maintenance and Operations tax rate. Mayor Sanders mentioned possibly exploring a local homestead exemption. He discussed the possibility of the Texas Legislature passing a bill that takes the forced rollback rate from 8 percent to 5 percent and sets an immediate referendum if the tax rate exceeds the 5 percent rollback rate, which could start the fiscal year without an approved budget. Budget Manager Zagurski stated that if the budget was based on the effective tax rate then essentially the Town would absorb the same amount of property taxes as the prior year and it did not necessarily mean that property values would not increase. Additionally, he advised that if homestead and freeze values were implemented then it would redistribute the tax value to other residents. 11. Referred Agenda Item:Discussion of and take appropriate action regarding the second round of revisions to alternate options related to landscaping items for the new Trophy Club Town Hall facility(Town Council). Mayor Sanders advised that this item was previously presented and the Council believed that it was too early in the process to take action on alternate landscaping. Steele& Freeman, Inc., the Town's Construction Manager at Risk, informed the Town that a decision on the alternate landscaping plan was needed by May 10, 2017 to ensure that there was not a cost increase over the proposed$33,397.66. Motion to Table: Motion made by Mayor Pro Tern Lamont, seconded by Council Member Kurtz, to table Agenda Item No. 11 to Executive Session. Motion carried 6-0-1 with Mayor Pro Tern Lamont and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting for and Mayor Sanders voting against. After reconvening from Executive Session,Council came back to Item No. 11. Motion: Motion made by Mayor Sanders,seconded by Council Member Parrow,to accept the alternate bid for landscaping at the new Town Hall facility,which would increase the cost by$33,397.66. Mayor Sanders stated that this item would utilize contingency funds for proposed landscaping. He advised that the Council had requested an accurate figure of the remaining balance in the contingency fund. The current balance was $89,684.11 based upon the return of$19,872.11 to the contingency fund from a State Grant for the Police Department video surveillance system. Council Member Rowe commented that each alternate had the removal of Bermuda Hydromulch; therefore sod would remain in place if the alternate landscaping plan was not implemented. Additionally, he was concerned with committing more than one-third of the remaining contingency fund balance. Council Member Kurtz pointed out that they were below budget for the new Town Hall facility and the Town Manager believed it would be appropriate to pursue the alternate landscaping. Council Member Reed commented that the current Council was elected to save taxpayer funds and that they had done their due diligence to ensure a respectable facility without spending an exorbitant amount. He was not in favor of approving additional funds for ornamental landscaping. Town Council Minutes April 25,2017 Page 4 of 6 The vote was taken. Motion carried 5-0-2 with Mayor Sanders, Mayor Pro Tern Lamont, and Council Members Parrow, Kurtz, and Shoffner voting for and Council Members Reed and Rowe voting against. 12. Discussion of items for Future Agendas to include agenda items for consideration on the May 9, 2017 Council agenda and items from the Town Council Future Agenda Items list(Staff). This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Mayor Sanders requested that on the May 9, 2017 Council agenda there be allowance for discussion of public art for the new Trophy Club Town Hall facility and funding sources. Council Member Shoffner requested the following item be added to the May 9, 2017 Council agenda: Discussion of and provide direction to Town Staff regarding the impact on the Town from the Trophy Club Municipal Utility District No. 1 Bond Election. Mayor Sanders provided an update regarding Green Ribbon grants for the beautification along the sound wall on State Highway 114. Metroport Cities Partnership authorized the use of their transportation funds to hire a consultant to review beautification along the State Highway 114 corridor between Kirkwood and 35W. Additionally, he noted that the Town would be liable for the maintenance of plants after the second year of installation if the Town were to receive a grant from the Texas Department of Transportation. Town Attorney Dodd advised that he spoke with the Police Department regarding noise disturbances and he confirmed that there was a plan in place for that issue. Council Member Rowe requested to remove Item No. 3 from the Town Council Future Agenda Items list: Detail review of the nuisance ordinance. (Rowe 4/12/2016) (1-July 12, 2016) (2-October 11, 2016) (3-January 10, 2017) (4-April 11, 2017) (5-July 11,2017) EXECUTIVE SESSION 13. Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act),the Council will convene into executive session to discuss the following: A) Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment,duties,discipline or dismissal of a public officer or employee: Denco 9-1-1 District Board of Managers B) Section 551.071 Consultation with Attorney under Subsection (2)to consult with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act: 1. Enforcement of Ordinances 2. Contractual Issues CONVENED INTO EXECUTIVE SESSION-START TIME—7:49 P.M. RECONVENED INTO REGULAR SESSION-START TIME—8:24 P.M. Town Council Minutes April 25,2017 Page 5 of 6 RECONVENED INTO REGULAR SESSION 14. Consider and take appropriate action regarding a Resolution of the Town Council nominating one (1) candidate to a slate of nominees for the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date(Staff). Motion: Motion made by Mayor Pro Tern Lamont, seconded by Mayor Sanders, to approve Resolution No. 2017-07 nominating Sue Tejml to a slate of nominees for the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date of April 25,2017. Motion passed unanimously. 15. Consider and take appropriate action regarding the Executive Session. Mayor Sanders advised that the Council received information from the Town Manager and Town Attorney in reference to the authorization to exceed the budgeted amount for furniture at the new Trophy Club Town Hall facility. The item before the Council was for a change order in the amount of $14,452.16. He noted that the Council recently approved an Ordinance that changed the authorization amount that the Town Manager had to $10,000 for change orders. Motion: Motion made by Council Member Reed, seconded by Council Member Rowe, to approve the Change Order in the amount of$14,452.16 for furniture and fixtures utilizing the proceeds from the interest earnings on bonded funds and preserving the amount within the contingency fund. Council Member Reed thanked Town Manager Class for his transparency. Council Member Rowe voiced his frustration that prior management did not adhere to Council's direction to be conscious of taxpayer funds and commented that the Change Order was a necessity for outfitting the new Town Hall facility. Council Member Shoffner commented that the Council had been diligent in making decisions to be as economical as possible during the planning process for the new Town Hall facility. He added that the new Town Manager has been open in his communications with Council and has kept them informed. Mayor Sanders commended Town Manager Class for his leadership and work ethic and complimented Director of Finance/CFO Karkauskas and Budget Manager Zagurski for providing accurate information. The vote was taken. Motion passed unanimously. ADJOURN Motion made by Council Member Parrow, seconded by Council Member Rowe, to adjourn the meeting at 8:45 p.m. Motion passed unanimously. \A- - O - Tr�Op Holly Fimbres own Secretar/0 C% C. Nick Sanders, Mayor Town of Trophy Club,Texas i!— C Town of Trophy Club,Texas •11 * Af‘ w liz?Y1 , � Town Council Minutes April 25,2017 Page 6 of 6