Minutes TC 06/27/2017 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION:100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Tuesday,June 27,2017 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, June 27, 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
Rhylan Rowe Mayor Pro Tem, Place 3
Alicia Fleury Council Member, Place 1
Eric Jensen Council Member, Place 2
Tim Kurtz Council Member, Place 4
Greg Lamont Council Member, Place 5
Philip Shoffner Council Member, Place 6
STAFF PRESENT:
Tom Class Town Manager Amber Karkauskas Director of Finance
David Dodd Town Attorney Sherri Lewis PIO/Communications Manager
Holly Fimbres Town Secretary/RMO Todd Mauthe Police Patrol Sergeant
Patrick Arata Police Chief Mike Pastor Information Technology Manager
Keith Burris Police CID Sergeant Jonathan Phillips Director of Administrative Services
Wade Carroll Fire Chief Roseann Sears Police Officer
Matt Christoffel Police Officer Scott Spooner Police Investigative Assistant
Kelly Darling Recreation Coordinator Tracey Shields Police Lieutenant
David Januszewski Police Officer Barry Sullivan Police Officer
Tony Jaramillo Director of Parks and Recreation John Zagurski Budget Manager
Mayor Sanders announced the date of Tuesday,June 27, 2017, called the Town Council to order and announced a
quorum at 7:00 p.m.
The Invocation was offered by Fire Chief Carroll.
The Pledges to the American Flag and Texas Flag were led by Council Member Jensen.
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.
DaNelia Organ, 2803 Waverley Drive, proposed that the Council change Town ordinances to prohibit short-term
rentals such as Airbnb. The influx of strangers concerned her since their purpose and background were unknown;
therefore, she also worried about the safety of children. She believed that this type of business structure
demonstrated allowance of zoning for hotel services in residential areas,which she was against.
Carrie Sharer, 6 Hill Court, expressed her concern that background checks were not being performed on short-term
renters so there was no verification if those individuals were registered sex offenders. She believed that this type
of practice opened up safety and security issues for residents.
ANNOUNCEMENTS AND REPORTS
1. Receive Town Manager Class' update regarding the following, discussion and provide input regarding same
(Staff):
• Community Pool —Shade structure project started on June 21st with completion expected to be by the
end of the week. As of June 23rd, Staff has issued 595 "Family" and 114 "Individual" resident pool
memberships.
• July 4th Celebration— Preparation was ongoing with the actual setup beginning June 28th. Signage and
orange fencing would be installed by the end of the week and large rented equipment would arrive on
July 3rd.
• Staffing—Tony Jaramillo was promoted to the Director of Parks and Recreation, Nathan Blase was hired
as the Recreation Superintendent, James Edwards was hired as the Human Resources Manager, and the
Parks Superintendent position has been posted.
Council Member Shoffner inquired when the Independence Park West shade structure would be installed.
Director of Parks and Recreation Jaramillo responded that it would be installed after the Community Pool shade
structure was completed.
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.
2. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated May 23,
2017(Staff). (Town Secretary Note:Approved as presented in the Town Council agenda packet)
3. Consider and take appropriate action regarding a First Amendment to Land Lease Agreement and
Memorandum of Land Lease Agreement between the Town and Verizon Wireless, for a wireless antenna
facility located along State Highway 114 between Trophy Lake Drive and Trophy Club Drive; and authorizing
the Mayor or his designee to execute all necessary documents(Staff).
4. Consider and take appropriate action regarding a Requisition Request for procurement of a 2017 Ford F-250
Supercab between the Town of Trophy Club and Silsbee Ford for operations in the Streets Department;and
authorizing the Mayor or his designee to execute all necessary documents(Staff).
5. Consider and take appropriate action regarding a Requisition Request for procurement of a new phone
system for the new Town Hall facility between the Town of Trophy Club and Mercury Communication for
operations in Information Services Department; and authorizing the Mayor or his designee to execute all
necessary documents.
Motion made by Mayor Pro Tem Rowe, seconded by Council Member Kurtz,to approve the Consent Agenda Items
2 through 5.
Motion passed unanimously 7-0-0.
Town Council Minutes June 27,2017 Page 2 of 8
REGULAR SESSION
6. Recognition of the Police Department for their contribution in the Town of Trophy Club being ranked No. 1
as being the Safest City in Texas for 2017 according to SafeWise(Staff).
Mayor Sanders recognized the Police Department for their efforts in community safety and crime prevention,
which resulted in the Town of Trophy Club being ranked No. 1 as being the Safest City in Texas for 2017.
Additionally, he presented Police Chief Arata with a Certificate from SafeWise.
No action was taken on this item.
7. Consider and take appropriate action regarding a Proclamation of the Town Council designating July as Park
and Recreation Month in Trophy Club;and providing an effective date(Staff).
Mayor Pro Tern Rowe read the proclamation into record.
Motion:
Motion made by Mayor Pro Tern Rowe,seconded by Council Member Kurtz,to approve Proclamation No.2017-06,
designating July as Park and Recreation Month in Trophy Club;and providing an effective date of June 27,2017.
Motion passed unanimously 7-0-0.
Mayor Sanders presented the Proclamation to Tiffany Nimphius, Chair of the Parks and Recreation Board, and
Recreation Coordinator Kelly Darling.
(Town Secretary Note:Mayor Pro Tern Rowe temporarily excused himself from the meeting at 7:11 p.m.)
8. Consider and take appropriate action regarding the acceptance of the Popular Annual Financial Report for
Fiscal Year 2016(Staff).
Budget Manager Zagurski stated that this represented the third year that the Town submitted a Popular Annual
Financial Report (PAFR). Staff extracts information from the Comprehensive Annual Financial Report to produce
the PAFR. The PAFR was designed to be readily accessible and easily understandable to the general public without
a background in public finance. Additionally, he stated that the report has resulted in the Town receiving an award
for the past two years.
Motion:
Motion made by Council Member Kurtz, seconded by Council Member Jensen, to accept the PAFR for Fiscal Year
2016.
Motion passed unanimously 6-0-0.
Mayor Sanders announced that he had received requests from individuals to consider Agenda Item No. 12 earlier
in the meeting since there were residents present who wished to speak on the item.
Council Member Jensen expressed his opinion that the Council should continue to present the agenda items in the
order as they were listed. Council Member Shoffner agreed since Mayor Pro Tern Rowe was absent for discussion
on the item.
9. Consider and take appropriate action regarding the Texas Municipal Retirement System (TMRS) Consumer
Price Index(CPI)adjustment for Calendar Year 2018(Staff).
Director of Finance Karkauskas remarked that the current annual annuity was 30 percent for the TMRS CPI
adjustment for Calendar Year 2018,which has been the same rate since the adoption of Ordinance No. 2014-40.
Town Council Minutes June 27,2017 Page 3 of 8
Motion:
Motion made by Council Member Lamont, seconded by Council Member Fleury, to set funding of the TMRS CPI
adjustment for Calendar Year 2018 to 30 percent.
Council Member Lamont requested that this item be presented on the Consent Agenda for future years.
The vote was taken.
Motion passed unanimously 6-0-0.
10. Receive an update and provide direction to Town Staff regarding Entryway Monumentation and Median
Landscaping for the Town of Trophy Club(Mayor Sanders and Council Member Lamont).
Budget Manager Zagurski recommended advertising the 2017 Request for Proposals (RFP) for Entryway
Monumentation in August 2017 to allow Staff to complete the Fiscal Year 2018 Budget. The Council Subcommittee
instructed Staff to narrow the scope of the RFP to Entryway Monumentation and not include Park signage and the
Median Landscape Plan.
Mayor Sanders requested to have an item on the July 11, 2017 Council agenda to consider appointing a Council
Member to the vacant position on the Council Subcommittee that was reviewing Entryway Monumentation and
Median Landscaping for the Town,since former Council Member Reed was no longer serving on the Council.
Council Member Shoffner remarked that Council sent the Park signage to the Parks and Recreation Board for
consideration and they returned a recommendation back to Council. Additionally, he commented that the 2017
RFP for Entryway Monumentation would be provided to the Council prior to its advertisement and that Staff was
exploring several landscape architects for a unified look of the median landscapes throughout the Town.
(Town Secretary Note:Mayor Pro Tern Rowe returned at 7:24 p.m.)
No action was taken on this item.
11. Receive an update and provide direction to Town Staff regarding Trophy Club Park Debris Removal(Staff).
Town Manager Class provided an update regarding the Trophy Club Park Debris Removal. On December 13, 2016,
Council awarded the RFP to Ceres Environmental in an amount not to exceed $81,475. Ceres Environmental
submitted a task order with a ceiling price of$52,398.60 and were prepared to begin debris removal on July 10,
2017. Today, Staff received notice from the State Assistant Recovery Officer, who has been assisting with the
contract with Ceres Environmental and the Federal Emergency Management Agency (FEMA), to postpone the
removal based upon a FEMA decision as it relates to the U.S.Army Corps of Engineers leasing of land. There was a
legal opinion that FEMA was working through to determine if one federal agency can pay another federal agency
for disaster relief. Once a resolution has been reached,Staff would be prepared to move forward with this item.
Council Member Lamont inquired if the Town had received funds from FEMA. Town Manager Class responded
that FEMA has provided funds for the debris removal, but they would not been spent until the legal issue had been
resolved. He added that Staff was preparing a second FEMA grant for the repair of Trophy Club Park.
Mayor Sanders received consensus from the Council to place this item on a future Consent Agenda if any further
action was needed.
No action was taken on this item.
Town Council Minutes June 27,2017 Page 4 of 8
12. Consider and take appropriate action regarding the Trophy Club Municipal Utility District No. 1 proposal to
enter into an agreement with the Town of Trophy Club to transfer ownership of the Fire Station,Fire Station
land,and equipment to the Town(Mayor Sanders).
Council Member Jensen stated that he objected to the consideration of the question.
Mayor Sanders ruled the objection to the consideration of the question out of order because he considered the
objection to be entirely outside the guidelines of the Robert's Rules of Order for this action.
Council Member Shoffner called for a Point of Order and stated that the objection to the consideration of the
question was allowable under the Town's Rules of Procedure within Section 1.03.038, Parliamentary motions and
precedence. The action did not require a second, the Presiding Officer shall immediately call the question, and it
required a two-thirds vote of the Council.
Mayor Sanders advised that Council also followed Robert's Rules of Order.
Council Member Shoffner challenged the Chair's ruling.
Mayor Sanders relinquished the Chair to Mayor Pro Tern Rowe.
Mayor Pro Tern Rowe called for the vote on the challenge of the Chair's ruling that Council Member Jensen's
objection to the consideration of the question was out of order.
Council Member Lamont requested a legal opinion. Town Attorney Dodd stated that the Council adopted Robert's
Rules of Order and specific Rules of Procedure, therefore any rules that are not specifically called out within the
Town's Rules of Procedure would revert to Robert's Rules of Order. He remarked that a "yes"vote supported the
Chair's ruling that Robert's Rules of Order superseded the Town's Rules of Procedure and a "no" vote supported
the challenge.
The vote was taken, on the challenge of the Chair's ruling that Council Member Jensen's objection to the
consideration of the question was out of order.
Motion failed for lack of majority 1-6-0 with Mayor Sanders voting for, and Mayor Pro Tem Rowe and Council
Members Fleury,Jensen,Kurtz,Lamont,and Shoffner voting against.
Mayor Pro Tem Rowe relinquished the Chair back to Mayor Sanders.
The vote was taken,on the objection to the consideration of the question.
Motion carried 5-2-0 with Mayor Pro Tern Rowe and Council Members Jensen, Kurtz, Lamont, and Shoffner
voting for and Mayor Sanders and Council Member Fleury voting against.
(Town Secretary Note:Jim Parrow, Danny Mayer, and Steve Flynn filled out Speaker Request Forms but did not
speak)
13. Referred Agenda Item: Consider and take appropriate action regarding appointing the Mayor and two (2)
Council Members to the Town Council Appointments Committee(Staff).
Mayor Pro Tem Rowe commented that he had referred this agenda item to give the opportunity for the entire
Council to be present to see if they had any interest in serving on this Committee.
Motion:
Motion made by Council Member Lamont,seconded by Council Member Jensen,to appoint Mayor Sanders, Mayor
Pro Tem Rowe,and Council Member Kurtz to serve as the Town Council Appointments Committee.
Town Council Minutes June 27,2017 Page 5 of 8
Discussion took place that the current Town Council Appointments Committee has served two consecutive years.
Motion to Amend:
Motion to Amend made by Mayor Pro Tem Rowe, seconded by Council Member Shoffner, to appoint Mayor
Sanders, Council Member Jensen, and Council Member Kurtz to serve as the Town Council Appointments
Committee.
Motion as amended passed unanimously 7-0-0.
14. Town Council Future Agenda Item No.3-Consider and take appropriate action regarding land that: (A)The
Town owns for the possibility of residents to acquire the land; and (B) Is maintained by the Town but not
owned(Council Member Lamont and Council Member Shoffner).
Town Manager Class advised that the Town had eight(8)common areas that the Town maintained. Currently,five
(5)of those common areas are maintained by the Parks Department and the remaining three(3)are maintained by
private contractors paid by the Town. Staff did a rudimentary cost analysis, which indicated the total estimated
annual cost,excluding equipment and fuel,to be approximately$70,125.
Council Member Shoffner believed that if the Town did not own the property then the Town should not maintain
the land. He requested that Staff research the following areas to determine if the Town maintained them since
they appeared to be similarly mowed like the median areas:
• Trophy Wood Drive behind the Hampton Inn;
• PD-30;and
• Indian Creek shoulder near Troon Drive
Council Member Shoffner was in favor of the Town turning over the right-of-way on Village Trail and Trophy Lake
Drive to The Church at Trophy Lakes. Given the Memorandum of Understanding between the Medlin Cemetery
Association and the Town, he supported the Town purchasing the property for $1 and then the Town would
continue to maintain the area. Since the Town did not own the lot on Sonora Drive, he believed that the property
owner should be maintaining that lot. Additionally, he suggested that the Town pursue ownership of the triangle
piece of property on Bobcat Boulevard and Marshall Creek Road, owned by the Northwest Independent School
District,for possible placement of entryway monumentation.
Discussion took place about locating the documentation from 2002 when Trophy Club Community Improvement
Association conveyed property to the Town.
Town Manager Class advised that the two adjacent property owners to the gas well site adjacent to Highlands
Court were interested in purchasing the property from the Town. He explained that there was an issue because of
the wall on the gas well site, which was between 10 to 15 feet inside the property line. The two property owners
would have to receive permission from Beck Ventures to place their fence on their property. Additionally, he
stated that the Town had an ordinance in place that anything less than 20 feet could not place parallel fencing;
therefore it would not be feasible for those property owners to purchase the property.
Council Member Shoffner pointed out that the Town also maintained land behind the two houses at the end of the
cul-de-sac on Milsons Point Drive. He asked that Staff review selling that land into the tree line area to those two
homeowners. Director of Parks and Recreation Jaramillo responded that he had spoken with one of those
residents concerning the maintenance of Town owned property behind their house.
Mayor Pro Tern Rowe recommended that Staff draft a proposed course of action for each identified area and if
there was any further questions from Council, then a Council subcommittee could be appointed to work through
the details.
No action was taken on this item.
Town Council Minutes June 27,2017 Page 6 of 8
15. Town Council Future Agenda Item No.4-Consider and take appropriate action regarding the Memorandum
of Understanding relating to the Joint Regional Local Governments consisting of the Town of Trophy Club,
the Town of Westlake,and the City of Roanoke(Mayor Sanders).
Mayor Sanders commented that the Memorandum of Understanding was relatively vague but it was an avenue for
the three entities to state they would work together. It was originally created because of the 170 bridge,
specifically for the aesthetics and landscaping. He wanted the Understanding reviewed again due to the
development in Westlake and Roanoke and because there had been discussions of a Green Ribbon grant along the
Highway 114 corridor.
Council Member Jensen believed that the Understanding did not serve a true purpose because the three entities
should work together regardless of the Understanding being in place.
Council Member Shoffner and Mayor Pro Tern Rowe agreed that no specific scenarios have been accomplished
with this Understanding and if an item were to arise then a formal agreement could be made that provided
specified details and responsibilities.
Council Member Jensen inquired what the purpose was for this item being presented. Mayor Sanders commented
that he added the item because it was discussed at a Metroport Cities Partnership meeting by the Town Manager
of Westlake;therefore he wanted to allow the current Council to review the Understanding.
Motion:
Motion made by Council Member Jensen,seconded by Mayor Pro Tern Rowe,to notify the City of Roanoke and the
Town of Westlake that the Town of Trophy Club did not wish to proceed with the Memorandum of Understanding
as written.
Council Member Jensen withdrew the Motion and Mayor Pro Tem Rowe agreed after discussion took place that
there was no cancelation clause and the Town could continue without formally notifying the other entities.
Mayor Sanders remarked that Town Manager Class could informally notify those two entities.
No action was taken on this item.
16. Discussion of items for Future Agendas to include agenda items for consideration on the July 11, 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 to remove Item No. 4 from the Town Council Future Agenda Items list: Review the
Interlocal Agreement between the City of Roanoke,the Town of Westlake,and the Town of Trophy Club. (Sanders
3/28/2017) (1-June 27,2017)
Mayor Pro Tern Rowe requested to have a Workshop Session at the July 11, 2017 Council meeting regarding the
review of Parks and Recreation items to allow Council the ability to revisit certain items.
Town Manager Class recommended starting the Workshop Session at 6:30 p.m.
Town Council Minutes June 27,2017 Page 7 of 8
EXECUTIVE SESSION
(TOWN SECRETARY NOTE:THE COUNCIL DID NOT ENTER INTO EXECUTIVE SESSION)
17. 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
18. Consider and take appropriate action regarding a Resolution of the Town Council appointing one (1)
member to serve on 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 Rowe, seconded by Council Member Lamont, to approve Resolution No. 2017-11,
appointing Sue Tejml to the Board of Managers of the Denco Area 9-1-1 District; and providing an effective date of
June 27, 2017.
Motion passed unanimously 7-0-0.
19. Consider and take appropriate action regarding the Executive Session.
No action was taken on this item.
ADJOURN
Motion made by Council Member Kurtz, seconded by Council Member Fleury,to adjourn the meeting at 8:16 p.m.
Motion passed unanimously 7-0-0.
Holly Fimbres,Town Secretary , I C. Nick San ers, Mayor
Town of Trop y Club,Texas I� f Town of Trophy Club,Texas
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Town Council Minutes June 27,2017 Page 8 of 8