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Town Council Minutes - 08/25/2020 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,AUGUST 25,2020;7 PM The Trophy Club Town Council met in a Regular Session on Tuesday, August 25, 2020 at 7pm. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: C.Nick Sanders Mayor Philip Shoffner Mayor Pro Tern Sean Bone Council Member,Place 3 Karl Monger Council Member,Place 4 Michael Geraci Council Member,Place 5 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tony Jaramillo Director of Parks and Recreation Mike Erwin Finance Manager Jill Lind Communications and Marketing Manager Mike Pastor Information Services Manager CALL TO ORDER Mayor Sanders called the meeting to order at 7:01 PM and noted a quorum with Mayor Pro Tern Shoffner, Council Members Bone,Monger,and Geraci. INVOCATION Pastor Clingan of The Church at Trophy Lakes prayed that wisdom and strength be bestowed on the Mayor and Council and that their time be multiplied with their families for the time they spend tonight. He prayed for protection,grace,and strength for our first responders and their families. He added that we always remember to honor those around us even when we disagree with one another,and to be the model for other cities. PLEDGES The Pledges to the American Flag and Texas Flag were led by Council Member Bone. PUBLIC COMMENTS Town Secretary Vacek confirmed there were no speakers registered for Public Comment. ANNOUNCEMENTSAND REPORTS 1. Receive Town Manager Norwood's Update(S.Norwood). CARES Fund Update Mr.Norwood reported that the Town of Trophy Club had received CARES Funding through Denton County in the amount of$650,000 and$20,000 from Tarrant County. He noted that said funds could only be spent on specific items or supplies dealing directly with COVIDI9. He added that the funds cannot be used to offset revenue. He reported that the funds would only cover the timeframe of March 2020 through December 2020 and did not know if that period would be extended. He indicated that the Finance Department was maintaining very diligent records on what has been spent and Town Council Minutes August 25,2020 Page 1 of 6 reported that to date;the Town has spent about$33,000. He noted several cities have spent said funds on Fire Trucks to Street Repairs which he stated may not be covered. He mentioned that reports must be submitted on the expenditures made from said funds beginning in November; thus, will continue to be very cautious with the expenditures due to a possible future audit. 2. Presentation of New Business Opening—PD 30(S.Norwood)The Byron Apartment Complex @ Trophy Club Mayor Sanders reported that the representative from the Byron was not able to attend and would be rescheduled. 3. Take appropriate action Issuing Proclamation 2020-07 proclaiming September,2020 as"Live United Month"in Trophy Club(Mayor Sanders) Mayor Sanders introduced Ms. Pat Sherman who would be accepting the proclamation. Ms. Sherman thanked the Council for the proclamation and stated that United Way had allocated funding to provide for a rent eviction prevention program. She stated that 1,393 households have been provided with funds for rent, bills, and general household assistance. She added that the program has helped them stay in their homes and asked anyone who has lost their income and in need of funding to prevent eviction to contact United Way for assistance. Mayor Pro Tern Shoffner read the proclamation for"Live United Month"in Trophy Club. Mayor Pro Tern Shoffner moved to approve the proclamation. Council Member Monger seconded the motion. Mayor Sanders presented the proclamation to Ms.Sherman. The motion carried unanimously,5-0-0. 4. Take appropriate action Issuing Proclamation 2020-08 proclaiming September 17,2020 as"North Texas Giving Day"in Trophy Club. (Mayor Sanders). Mayor Sanders introduced Ms.Susan Edstrom who was present and would be accepting the proclamation. Ms. Edstrom thanked the Council for the proclamation and stated that last year she received her EIN for her non-profit that assists with fostering and the adoption of dogs,and cats. She noted that her non-profit has adopted out 150 pets and that their numbers in fostering and adoption have quadrupled in the last few months. She added that the Day of Giving online fundraiser on September 17 will assist the non-profits, which are hurting financially and asked that everyone support their choice of nonprofit. Council Member Monger read the proclamation for"North Texas Giving Day"in Trophy Club. Council Member Monger moved to approve the proclamation. Council Member Bone seconded the motion. Mayor Sanders presented the proclamation to Mrs.Susan Edstrom. The motion carried unanimously,5-0-0. CONSENTAGENDA 5. Take appropriate action regarding the Town Council Regular Session Minutes dated August 11,2020(L.Vacek). 6. Take appropriate action regarding an Interlocal Agreement(ILA)between the Town of Trophy Club and Northwest Independent School District for School Resource Officer Services for FY 2020-2021(S.Norwood). Mayor Sanders asked if Council had questions related to the Agreement with Northwest Independent School District. There being none,he entertained a motion for approval. Council Member Bone moved to approve Consent Items 5 and 6. Council Member Geraci seconded the motion. Motion carried unanimously,5-0-0. 7. Conduct a Public Hearing on the Town of Trophy Club's FY 2020-21 Annual Budget(S.Norwood). Mayor Sanders declared the public hearing open at 7:19 pm for the Town of Trophy Club's FY 2020-2021 Annual Budget which included the EDC Budget. He asked Mr. Erwin to present the highlights of the FY 2020-2021 Annual Budget. Mr.Erwin highlighted the proposed budget,which he stated had remained the same as the last presentation Town Council Minutes August 25,2020 Page 2 of 6 made before Council on August 11, 2020 and which was delivered to the Town Secretary on August 4, 2020 as required by law. He reiterated the three items that Council had requested: 1)Approval of ILA with the MUD;2)Not Raising Property Taxes;and 3) Implementation of the Squad Concept. He mentioned that at the meeting of August 11th; the Council asked staff to look at the compensation of employees and bring forth a recommendation. He reported that staff devised a plan he recommends to be included with the proposed budget. He added that Police Officers and Firefighters are below their comparable salaries and proposed a competitive increase be implemented. Additionally,he recommended providing a stipend of$750 for other employees. Mr.Erwin added that the total cost to implement said plan would be approximately$130,000. He mentioned that in order to fund the plan; sales tax revenue would be adjusted by$70,000 to$1,050,000;the building permits line item would increase from$50,000 to $75,000; as well as the misc permits line item by$25,000 to be able to fund $120,000 of the pay plan. Additional funds to complete the pay plan implementation would be taken from the revenues (which were greater than the proposed budget)totaling$44,000. Mr. Erwin explained the roll back rate,the no new rate,and the voter approval rate. He noted an increase in franchise fees,and the MUD contribution. He also noted the decrease in interest from CDs. He referenced other budget proposals previously covered on August 11th in which$30,000 will be placed into the PD Overtime line item while$50,000 is proposed in marketing services which is now a stand-alone budget. In response to a Council question as to the amount spent on Volunteers; Mr. Erwin reported that said number is $2,600. It was noted that the Town receives$61,000 in services from Volunteers. Mayor Pro Tern Shoffner asked if the departments were reaching out to our volunteers to see what was needed to ensure their needs are met. Mr. Norwood noted that due to Covid19;staff did not hold an appreciation luncheon and would ensure department staff are reaching out. Mayor Pro Tern Shoffner encouraged volunteers to reach out to the Council on any needs they may have. Mr. Erwin mentioned the Capital Funds for Trophy Lake and Meadowbrook Drive of over$1.3M. He also stated that they are looking to replace a vehicle for Fire and Parks Departments as well as the replacement of some equipment. He noted that debt service is self-explanatory in having to recognize$350,000 of excess collections that is now required to be used from the fund balance of which has$500,000. He mentioned that the hotels are all up to date on their financial responsibilities to the Town. He referred to the$175,000 in the budget that was earmarked for the original monumentation Entryway Signs. On Street Maintenance $247,000 is budgeted for street panel replacements. Mayor Pro Tern Shoffner asked of the recommended amount of a fund balance to debt service ratio. Mr. Erwin replied that as a Finance Manager,he would like to see one year of debt service in the fund balance. The challenge now is SB2,which does not allow that balance to sit. On the Parkland Dedication fund;staff looks forward to the multifamily finish-out (PD-30) to realize $150,000 from the agreement. Mr. Erwin noted the $100,000 placeholder in which pickleball courts and playground replacement equipment have been discussed. He reported that the Trophy Club Park fund balance is negative and are waiting for the grant fund reimbursements for the completed repairs. He reported $100,000 for the maintenance of the drainage ditches. Council Member Monger asked if funds were budgeted for potential expenditures as it relates to the residents that encountered flooding. Mr. Norwood replied not at this time as the next step is to wait for the engineer's conceptual design(in the next 3 weeks) and meet with the homeowners again. Thereafter,go forward with a recommended option that will require funding which is yet to be determined followed by the implementation. He added that engineering work of surveying and design will easily go into 2021. Mr. Erwin stated that no action was required under this Public Hearing. He noted that at the next Council Meeting; the action by the Council would be to conduct a Public Hearing on Setting the Tax Rate and Adopt same. Mayor Sanders asked if anyone had registered to speak. Town Secretary Vacek replied nobody had registered. There being no speakers, Mayor Sanders declared the public hearing closed at 7:39 pm. Mayor Sanders reiterated that the Council would conduct a Public Hearing Tuesday,September 8, 2020 on Setting the Tax Rate. Thereafter,the Council would vote(via Roll-Call)on Setting and Adopting the Tax Rate for the FY 2020- 2021. He announced that no action was required on said item. INDIVIDUAL ITEMS 8. Take appropriate action approving Ordinance 2020-10 adopting the Town of Trophy Club's FY 2020-21 Annual Budget and the EDC 4B Budget(S.Norwood). Town Council Minutes August 25,2020 Page 3 of 6 Mayor Sanders summarized that the estimated sales tax revenue was projected lower than anticipated;thus,would be adjusted up to have more income to accomplish items. As mentioned by Mr. Norwood;the proposed budget did not include the compensation plan outlined. Council Member Geraci moved to approve the Annual Budget and EDC 4B Budget as presented with the compensation plan outlined with an expense of $140,000. Council Member Monger seconded the motion. Mayor Pro Tern Shoffner thanked staff for providing a compensation plan for those employees that are under paid. He added that he was not a fan of stipends. He asked staff to consider tying the compensation to a review. Council Member Monger agreed with Mayor Pro Tern Shoffner and thanked him for bringing up the compensation piece. He added that there was no need to do a special review as an annual review is usually conducted and would trust the Manager to do what is necessary. The motion carried unanimously,5-0-0. 9. Review and discuss amending Ordinance 2017-19 of the Town Council Rules of Procedures Revisions(L. Vacek) Mayor Sanders stated that Town Secretary Vacek would share suggestions in updating and cleaning up several typos and/or capitalization throughout the Rules of Procedure. He noted that in order to amend the Rules;it is required that amendments first be introduced as pointed out by Mayor Pro Tern Shoffner. Thus,that would be the process today thus, if a Council Member has a section to discuss for a possible change;now would be the time to introduce same. He pointed out the highlighted sections to be reviewed for possible revisions. Mayor Sanders referred to Section 1.03.032-c, which will provide for a process for excused attendance from Council Meetings. He stated that Mrs.Vacek had reached out to other cities and will make recommendations on each section. As it relates to Section 1.03.032-c, it provides for an excused absence by Council but does not provide for the process to excuse the absence. The Charter was referenced which states that "failure to attend 3 consecutive regular meetings without being excused by the Council as possible forfeiture". Mayor Pro Tern Shoffner felt that the notification to the Town Secretary was necessary asset out. Mrs.Vacek recommended that the Council consider adding the word"Written" to the notification provided to the Town Secretary;thus, a record of that excused absence can be maintained. Council Member Geraci added that he would like the flexibility to call in and suggested that the Town Secretary follow-up with an email as the record. Mayor Shoffner asked if the written notification would serve as the excused absence. Mayor Sanders stated that the written notice would be sufficient for the excused absence. With regards to Section 1.03.033-a;Regular Meeting, Mayor Sanders stated that the meeting address was outdated and needed to recognize that we had a Joint Meeting with the MUD at their building. Mrs. Vacek recommended that the section be re-worded as follows: "the Town Council shall primarily meet in the Council Chambers located at 1 Trophy Wood Drive". Mayor Sanders referred to Section 1.03.033-c;Emergency Meetings,stating that the Town Secretary recommended that this section be deferred to what is written in State Law. Mrs.Vacek recommended following the provisions in State Law as certain requirements must satisfied in order to hold an Emergency Meeting. She mentioned that State Law has changed from time to time and thus,it would prevent this body from having to change this section every time the law is changed. Mrs.Vacek recommended a new Section 1.03.035(g)(7);Order of Business/Agenda,be added to provide that"the Mayor may Issue Proclamations as needed without Council Approval'. A discussion ensued and Mayor Pro Tern Shoffner stated that he felt that the Mayor should have that flexibility. Mrs.Vacek stated that staff would make this the exception and not the rule;thus, if a proclamation could be placed on the agenda for the Council to approve; that would continue to occur. Said authority would be used by the Mayor if there were not sufficient notice to place the proclamation on the agenda. Mayor Sanders asked that said items be brought back to Council for consideration and approval. Council Member Geraci asked that said changes be reviewed in order not to be in conflict with the Town Charter. Mayor Pro Tern Shoffner referred to Section 1.03.035-f; and stated that flexibility should reside with the Mayor as Presiding Officer who has the authority to allow or decrease time. The section states that"the designated time keeper" shall maintain the time and advise the speaker when their time has expired. Mayor Pro Tern Shoffner suggested that as there is not a "designated time keeper"that sentence be removed and remain with the Mayor for flexibility. Town Council Minutes August 25,2020 Page 4 of 6 Council Member Geraci asked if these changes would be in conflict to what the Charter Review Commission proposed or what is currently in the Charter. Mayor Pro Tern Shoffner stated that the Charter allows the Council to approve their own Council Rules of Procedure to follow. Council Member Geraci clarified if that statement was correct. Town Secretary Vacek replied yes. There being no further discussion on the Council Rules of Procedure;Mayor Sanders asked the Town Secretary to bring forth the revisions discussed for approval. 10. Verbal Report by Council Member Geraci regarding the August 2020 Parks and Recreation Board Meeting(S. Norwood). Mayor Sanders recognized Council Member Geraci to provide an update on the most recent Parks and Recreation Board Meeting. Council Member Geraci reported that the Parks and Recreation Board met in August as it had been almost 9 months since the last meeting took place. He noted key events of the Town related to the Pool as is now closed on weekdays and only open on weekends. He also mentioned the ongoing Veteran Memorial Brick Project in which sales of bricks is continuing. He reported that the Youth Sporting Events brought in approximately$25,000 to the Town after expenses. He added that ongoing Youth Events include Soccer,Baseball,and Football in which games start this weekend. Regarding Pickle Ball and Tennis Courts;staff is still gathering information on the usage and will provide numbers and options at the next board meeting. Lastly, he announced that the Adult Events of Bocce Ball and Kickball would be starting up as well. Mayor Sanders thanked Council Member Geraci for the update. 11. Discussion of Future Agenda Items List(S.Norwood). Mr.Norwood referenced the updated list provided indicating the status of each item which he referenced individually. Item 1-Interlocal Agreement with the MUD on the property swap;he reported that said item was Completed. Item 2-Entryway Monumentation;he reported that the bids received were considerably over the budgeted amount and that said item was In Progress. He said the item would be on the next Council Agenda to reject or provide an alternative. Item 3 -Address future goals and budgetary needs for each department; he reported that said item would be Delayed until 2021. Item 4-Council Rules of Procedure;he noted that revisions were addressed tonight;thus,In Progress. Item 5-Citizen's Survey; he reported that said item has been Delayed until 2021 which will be a priority and noted the $30,000 expense for a survey to gauge the level of service and expectation of the residents.He mentioned the possibility of partnering with one of the Universities to complete. Mayor Sanders also referenced Section 1.03.035(b)of the Council Rules of Procedures and asked that staff review that section to ensure that "adding items to the agenda" from the Future Agenda Items List or just adding an item to the Council Agenda needed to be clarified. He felt that this section should reflect that 2 Council Members are required to add an item thus. He noted that currently;the Mayor or 2 Council Members are able to add an item to the agenda but it is not clear if the section is speaking to the Future Agenda List or the Council Agenda. Mayor Pro Tern Shoffner added that the word 'agenda' did not allude to which agenda or every agenda and agreed that section needed to be clarified. Mayor Sanders asked if anyone wanted to add any items to the Future Agenda List. Mayor Pro Tern Shoffner stated that he had an item that was emailed to him from Rhylan Rowe regarding the Hazardous Mitigation Plan that was jointly worked on with the MUD and completed by Freese and Nichols in 2015. He stated that he did not know what became of that and was to be reviewed every 5 years;currently we are at 4 years and 10 months. Mayor Sanders supported said item being added to the list. Council Member Geraci referenced Items 3 and 5,which were reported to be addressed in 2021. He suggested a Work Session be scheduled to help facilitate those discussions prior to January as 3 new members of Council would be elected Town Council Minutes August 25,2020 Page 5 of 6 in November. He suggested a meeting in November or December as Council is only scheduled to meet once each month. Mayor Sanders stated he understood the question but saw that this was an administrative function of staff than a Future Agenda Item. Mr. Norwood agreed and will facilitate a meeting. EXECUTIVE SESSION Executive Session pursuant to Section 551.071 Consultation with Town Attorney on a matter on which the Attorney has a duty to keep confidentiality pursuant to the Texas Disciplinary Rules of Professional Conduct and Section 551.074 Personnel Matters. Discuss the legality and procedures for contracting with independent contractors to perform for the Town. RECESSED INTO EXECUTIVE SESSION Mayor Sanders read the preceding executive session posting and announced that the Council would recess into executive session at 8:19 pm. RECONVENED INTO REGULAR SESSION Mayor Sanders reconvened the meeting at 8:58 pm. He stated that there was no action to announce. ADJOURNMENT Mayor Sanders adjourned the meeting at 8:58 pm. ATE iciaVacek,TRMC/CM MMC C.Nick Sanders,Mayor Secretary/RMO Town of Trophy Club,Texas Town Council Minutes August 25,2020 Page 6 of 6