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Town Council Minutes - 09/22/2020 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY,SEPTEMBER 22,2020;7 P.M. The Trophy Club Town Council met in a Regular Session on Tuesday,September 22,2020. 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 S STAFF PRESENT: Steve Norwood Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Patrick Arata Police Chief Jack Taylor Fire Chief Tommy Uzee Director of Community Development TonyJaramillo Director of Parks and Recreation Mike Erwin Finance Manager CALL TO ORDER Mayor Sanders called the meeting to order at 7:00 pm and noted a quorum with Mayor Pro Tern Shoffner,Council Members Bone,Monger and Geraci. INVOCATION The Invocation was delivered by Pastor Jeff Brooks,Lake Cities Church of Christ. Pastor Brooks prayed for the Council and prayed blessings upon them. He also prayed that America be Great because America is Good and asked that we are helped to be good so that we can become great. Lastly,he prayed for Justice Ruth Bader Ginsburg whose loss is mourned greatly. PLEDGES The Pledges to the American Flag and Texas Flag were led by Council Member Monger. PUBLICCOMMENT Town Secretary Vacek confirmed there was one speaker registered under Public Comment; and Mayor Sanders called upon Mrs.Kathy Palmer to speak. Mrs.Kathy Palmer of 40 Cypress Court in Hogan's Glen reported that since the construction of PD-30,they have seen drastic and dramatic changes and destruction to the ponds and surrounding property. She added that they have seen large amounts of dirt,silt,trash,and debris flow into the ponds,causing erosion and water levels to change the entire life and beauty of the ponds. She added that the failure of their recirculating pumps because of the excessive amount of dirt has also caused concern for mosquitoes due to the stagnant water. The system built with the drastic slope that she and her husband,Scott,refer to as the PD-30 Super Slide exacerbates the amount and force of water that hits the creek,causing erosion and excessive dirt and silt to overflow and flood the storm water system and pour into our ponds. She mentioned the restrictor plate that has been added and has helped but it is not enough. She mentioned that their HOA Board was told that Beck is offering a paltry settlement towards the repair of this destruction that will not cover the cost for dredging. She added that they were also told that certificates of occupancy would not be issued on PD-30 until this was fixed and damage repaired. At the last Page 1 of 6 couple of Council Meetings, it has been said that the Town is providing funds to repair the failed storm water system that other residents have experienced on Indian Creek on the east side. She asked if the same would be done for the residents of Hogan's Glen to restore this property back to the premier neighborhood it once was. Mayor Sanders thanked Mrs.Palmer. 1. ANNOUNCEMENTS,REPORTS AND PROCLAMATIONS • Voter Approval Tax Rate Increase (VATR) Election Presentation by Dr. Ryder Warren, Northwest Independent School District. Dr. Warren thanked the Mayor and Council for having him present. He highlighted that students were back at schools and their educational setting had taken on a new approach this year. He noted that Northwest ISD has 19,000 In-Person Students and 6,000 Remote Students. He stated that at Northwest,they get approximately 1,100 new students each year. Dr. Warren mentioned Byron Nelson High School's new wing providing for a new Bistro and gave out cards for Council. He made mention of Medlin Middle School's new Fine Arts addition that is underway. He spoke on Northwest ISD's Election and provided the following information. Their annual School Board Election will be held November 3rd with three seats on the ballot for Places 5, 6, and 7. He noted that their Bond Election(Propositions A-D; $986 Million) would also be on the November Ballot and addresses growth, aging facilities, technology, and student programs. Relating to the Voter-Approval Tax Rate (VATR) Election, which will also be on the November Ballot as Proposition E; the School Board approved a tax rate of $1.4663 for Fiscal Year 2020-2021, which automatically calls for an election to be held since it exceeds the mandated tax rate. He stated that due to the new school finance law (1163), Northwest ISD will see a reduction of over $10 Million per year and said proposition; if approved, would bring in approximately$21 Million per year to Northwest ISD increasing the tax rate by 4.6 cents compared to the 2019 tax rate. He noted that due to their growth;a tax increase would fund said growth. He added that said tax rate increase will not affect those that are 65 years of age and older, unless they have added to their homes. He noted that the school has two tax rates being the Maintenance and Operation (M&O); and the Interest and Sinking Rate(10). He referenced their website which has been very helpful and provides all the information on the bond election. He also mentioned that at the last legislative session; the legislature authorized full-day Pre-K Programs for 4-year olds, which is extremely helpful to many families. He mentioned that all 30 schools would be affected by the Bond Program and referenced all the schools in Trophy Club. He added that the bond will not affect the tax rate but we will have more debt to pay. He added that the Legislature has also specified that after each proposition; it is mandated by the state that said it be denoted on the ballot that "this is a property tax increase". He explained that the school debt would be extended. Mayor Sanders asked of the I&S Rate and its forecast for the next 5 years. Dr. Warren replied that if the bond is approved;the I&S Rate would remain at 42 cents unless another bond is approved. He added that their Board has done a good job in paying off bonds and currently they are paying on 2008 Bonds while paying older bonds off early. Councilmember Geraci asked of the Robin Hood Plan as it relates to smaller entities relying on the funds. Dr.Warren stated that it is still referred to as Robin Hood but now is called "recapture of funds and redistributing". He added that they were told Northwest ISD would be out of Robin Hood this year but that has not been the case. He added that they have paid out $4 Million and have budgeted approximately $7 Million to leave our district this year. He referred to the slide that shows that 13 pennies would generate$33 Million but would only get to keep$21 Million of that. He added that if we did not have Robin Hood or just allowed our district to operate within our tax base;we could operate with the same tax rate for a long time. He noted that Northwest ISD is a Chapter 49 School District according to the Texas Education Code in which we are billed in April. He added they send a check in for being classified a Chapter 49 School District. Mayor Sanders thanked Dr. Warren and expressed appreciation for the number of years that the School and Town have worked together and for the leadership at the School District. Page 2 of 6 • Metroport Chamber of Commerce Annual Report by Sally Aldridge,President&CEO. Ms. Sally Aldridge thanked the Mayor and Council for being able to provide their Annual Report. She provided the number of 551 Members as of December 31, 2019; with 185 new members. As of September, their membership dropped to 542 and noted that was the case across other chambers. She referenced a slide on memberships and the various levels noting many follow the basic level and showed a snapshot of the businesses. She noted the Chairman's and President's Circle and their top event partners. Ms. Aldridge showed what they have focused on since the shutdown in March through June as they worked remotely. She added that they provided Covid Updates to their members and provided financial opportunities for businesses as they partnered with Tarrant and Denton Counties for business grants. She noted that they held virtual weekly meetings with their Governmental and Chamber groups. They also offered member marketplace ads, monthly payment plans to stay involved as well as conducted a local survey for their members. Since starting back up in June;they held the first membership luncheon in August, continued with their strategic plan, and have withheld the Regional Video until the Spring. She added that while their luncheon attendance pre-covid was 430 attendees; they are down to 130 but reservations are 3 increasing with the upcoming luncheon in October. Ms. Aldrige reported that they are excited about moving into their new building on October 9, 2020. The new Chamber Building is 8,000 sqft that will house the Chamber Team and the new Incubator Businesses in which the goal is to help businesses start-up and grow. She mentioned the Heritage Wall and Legacy Wall as well as raising over $300,000 in-kind and in cash contributions and referenced the cash investors. She thanked Trophy Club for their partnership over the years. Mayor Sanders asked of the business grants; and if any were provided within Trophy Club. Ms. Aldridge stated that she had not seen the latest list but will provide that information. Council Member Monger asked of the Leadership Program. She added that the Leadership Class graduates this December as they started last September. Mayor Sanders spoke of having Trophy Club become involved in the Chamber's Capital Fundraiser Program. He thanked Ms. Aldridge for her presentation. Ms. Aldridge thanked Mayor Sanders for his leadership as he is finishing his term. She expressed appreciation for his friendship and support over the years. • Implicit Biased Training for Trophy Club's(TC)Police Officers by Dr.Alex del Carmen Update. Chief Arata thanked the Mayor and Council for their support as these are trying times for Police Officers. He reported that they have been working with the leading expert, Dr. Alex del Carmen, on Implicit Biased Training. Chief Arata noted that Dr.del Carmen has taught and trained all of TC's Police Officers on Policing and on Implicit Biased Training helping TC Officers understand themselves and others. He added that the State requires a racial profiling report and Dr.del Carmen takes that data to the racial profiling level to build up leaders from the bottom all the way to the top staff. He explained that they are trying to get ahead of the curve to becoming a Leader in Law Enforcement and a Leader in TC. He mentioned that with said training; TC is doing a good job building up leaders with our younger officers. Mr. Norwood complimented Chief Arata for taking the initiative to have a nationally recognized program implemented in Trophy Club as this is not yet required. He stated that other cities are mandated to put this training in place but we have taken the initiative to do this with our policies and procedures and by taking a look at oneself; which is a great first step to bringing in a higher level officer to our team. Council Member Geraci thanked Chief Arata for taking the initiative with this program as this was a difficult time for officers. He thanked the TC Police Officers for their hard work and training and asked if the training was reoccurring. Chief Arata replied yes; it is continuing, and will continue to build on it. Mayor Pro Tern Shoffner stated that the more we can provide training where it is needed;the more we can improve. • 121h Annual Pet Fest to be held Saturday,October 3, 2020—Mr. Norwood reported Pet Fest would be held at Freedom Park from 9am to 11am. • Community Night Event to be held Saturday October 10,2020—Mr.Norwood reported that said event will be held from 6am 9pm with Movie Night and mentioned that everyone will have to register to gain access. He also mentioned that In&Out Burger would be there providing free burgers. Page 3 of 6 • Business Spotlight—Popcorn Central Brandon and Kalyn Wilcher presented their business stating they had lived in Trophy Club for 10 years. Mr. Wilcher stated that they have been open for under a year and mentioned their location and noted they pop over 40 flavors of popcorn. He added that they also carry over 100 different candy and noted they will be participating in Pet Fest and Community Night. He also k stated that they now also offer fundraisers for schools, sports teams, organizations, and offer various custom labels as they can place your logo on any product. Lastly,he mentioned that are also the Franchise r Owners of"Card My Yard"in which yards are staked with various messages such as"Happy Birthday"etc... y 2. Take appropriate action issuing Proclamation 2020-10 recognizing October 4, 2020 as The Patriot Tour Day in Trophy Club(Mayor Sanders) Mayor Sanders read Proclamation 2020-10 and Council Member Monger moved to approve the Proclamation. Council Member Geraci seconded the motion. Council Member Geraci stated that he saw some things on FB that 3 were very concerning and disturbing to him as a 9-11 US Veteran. He stated his support for all First Responders and for the Patriot Tour. He noted that when he was with a Fortune 500 Company and prior to leaving for Military Service after September 11th;that company purchased every employee a US Flag for placement on their desk;which was 19 years ago. He took that very same flag, placed it on the Dias, and stated that he kept it on his office desk every day. He added that he could not believe that during his lifetime; he is having to explain the reason for joining the military. He reminded everyone that on September 12,2001;everyone was holding doors for one another,thanking everyone for their military service, and going out of their way to take care of our first responders. He explained that serving in the military is about defending the United States of America. He mentioned his passion for bringing this about;as every day,there are men and women who place their lives in the line of fire and die to give others the right to vote. He asked everyone not to throw that right away or take for granted your bill of rights on one thing,just because you disagree with it. He stated that many people that are out there displaying their first amendment rights are not old enough to remember what happened 19 years ago;as that is when he was given the flag and will never forget it. He thanked the teams that have put together the Patriot Tour and thanked Council Member Monger for his work on it as well as for his military service. Lastly, he mentioned that his brother died a very painful and slow death from the burn pits and he asked everyone not to take this lightly. Chief Taylor mentioned the Patriot Tour would visit 35 cities and thank Veterans for their service as well as thank firefighters, police officers, and all first responders. He noted that Trophy Club would be the stop in the Dallas/Ft.Worth area on October 41"and will visit Veterans that have placed their lives on the line for all of us. The motion carried unanimously. Motion 5-0-0 Mayor Sanders presented the proclamation to Fire Chief Taylor with a photo of all Council Members. CONSENT AGENDA 3. Take appropriate action regarding the Town Council Regular Meeting Minutes of September 8,2020 (L.Vacek). 4. Take appropriate action regarding the Spectrum Agreement for Internet Services Provider;not to Exceed $45,000.(S.Norwood) 5. Take appropriate action regarding Resolution 2020-15 Approving a Negotiated Settlement between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corp., Mid-Tex Division regarding the company's 2020 Rate Review Mechanism Filing(S.Norwood). Council Member Bone moved to approve Consent Items 3,4,and 5. Council Member Geraci seconded the motion. The motion carried unanimously. Motion: Page 4 of 6 t t { 5-0-0 t i. 1 INDIVIDUAL ITEMS 6. Conduct a Public Hearing regarding the Public Improvement District's ESD Tax Rate(S.Norwood) s' k fi Mayor Sanders declared the Public Hearing open at 8:03 pm. Finance Manager Mike Erwin stated that this was the proposed tax rate of 0.06476 which is below last year's rate for the PID's rate for Fire Service. There being no one wishing to speak;Mayor Sanders called upon Mayor Pro Tern Shoffner. F Mayor Pro Tern Shoffner asked if this rate was the exact same rate that he pays to the MUD for Fire Service. Mr. Erwin stated that the MUD rate is a bit higher than the PID rate but it is the exact same concept. The citizens in the j PID pay about$800,000 for Fire Service while the citizens in the MUD pay$500,000 for Fire Service. Mayor Sanders clarified that all were paying the same percentage,which was based on the total number of households in both the PID and MUD. Council Member Geraci asked for clarification as this rate is asked about each year. He clarified that for citizens that live in the PID;this is part of the stack of papers that are signed at a home closing where this rate is disclosed. Town Secretary Vacek stated that was correct. There being no further discussion;Mayor Sanders declared the public hearing closed at 8:08 pm. 7. Take appropriate action regarding Ordinance 2020-16 for the Adoption of the Public Improvement District's Tax Rate(S.Norwood). Council Member Bone moved to adopt Ordinance 2020-16. Council Member Monger seconded the motion. The motion carried unanimously. Motion: 5-0-0 8. Take appropriate action regarding the adoption of Ordinance 2020-17 Amending the Town Council Rules of Procedure(L.Vacek). Mayor Sanders stated that Council reviewed these at a previous meeting and provided direction. He added that Town Secretary Vacek had done a good job cleaning up the grammatical errors which accounted for many of the changes. He referenced the main changes being considered were to Sections 1.03.032c, 1.03.033a, 1.03.035b, 1.03.05f,1.03.033c,and adding a new section,1.03.035g(7). Council Member Bone moved to approve Ordinance 2020-17. Mayor Pro Tern Shoffner seconded the motion. The motion carried unanimously. Motion: 5-0-0 9. Discussion of Future Agenda Items List (S.Norwood) Mayor Sanders stated that in light of approving the Council Rules of Procedure,which is Item 3 on the list;there are notations on several other items on the list and turned the floor over to Town Manager Norwood. Mr. Norwood stated that they had talked about some of these at the last meeting. He noted that one item was added which was the Hazard Mitigation Plan explained and reported that he received some updates from Freese and Nichols and were in good shape. He stated that the list would be updated and sent out with the deletion of Item 3. Mayor Sanders asked if Council had anything to add. Council Member Bone stated that he did not have any items to add but referenced Item 1 on the Entryway Monumentation Signs. He expressed that his preference was to leave the item on the list as it would be re-bid at a future date. Mayor Sanders agreed that the item remain until that time. Page 5 of 6 s z 10. EXECUTIVE SESSION - Pursuant to the following designated section of the Texas Government Code, Chapter 551(Open Meetings),the Council will convene into executive session to discuss the following: a) Discussion and possible action—Deliberate the Appointment of the Crime Control and Prevention District Board Members pursuant to Texas Government Code Section 551.074(personnel matters)(Mayor Sanders) b) Discussion and possible action—Deliberate the duties and employment of the Town Attorney pursuant to n Texas Government Code Section 551.074(personnel matters)(Mayor Sanders) x 11. RECONVENE INTO REGULAR SESSION it a) Take appropriate action regarding Resolution 2020-16-Appointment of Members to the Crime Control and Prevention District Board. b) Consider and take appropriate action regarding the Executive Session item. Mayor Sanders reconvened the meeting at 10:01 pm. a) Mayor Pro Tern Shoffner moved to approve the Resolution 2020-16 to reappointing Marc Bartels,Frederick Lohmann, and Heath Williams for a complete full term to expire September 2022; and to re-affirm the remainder current serving members. Council Member Bone seconded the motion. The motion carried f unanimously. } Motion: 5-0-0 ADJOURNMENT Mayor Sanders adjourned the meeting at 10:03 pm. Let' i ac ick Sanders,Mayor Town Secretary/RMO Town of Trophy Club,Texas Page 6 of 6