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04.27.2021 - Complete Agenda PacketT(C�*:: TOWN OF TROPHY CLUB April 27, 2021 Town of Trophy Club Meeting Agenda Town Council 7:00 PM CALL TO ORDER AND ANNOUNCE A QUORUM - Mayor Fleury 1 Trophy Wood Drive Trophy Club, Texas 76262 Council Chambers INVOCATION led by Reverend Edlen Cowley, Fellowship United Methodist Church PLEDGES led by Mayor Pro Tern Lamont Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS This is an opportunity for citizens to address the Council on any matter. The Council is not permitted to discuss, or take action on any presentations made to the Council. Presentations are limited to matters over which the Council has authority. Speakers have up to four (4) minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak via the Public Portal or have completed the Speakers Form. You may also email mayorandcouncil@trophyclub.org PROCLAMATION(S) Issuance of Proclamation 2021-07 proclaiming May 6, 2021 as Day of Prayer in Trophy Club to coincide with National Day of Prayer. (Mayor Fleury) 2. Issuance of Proclamation 2021-08 proclaiming National Military Appreciation Month observed during the month of May 2021. (Mayor Fleury) ANNOUNCEMENTS AND REPORTS 3. Announcement of new Community Development Director — Matt Cox. (S. Norwood) 4. Overview of the Mid -Year Fiscal Year 2021 Town of Trophy Club Budget. (S. Norwood and M. Erwin) 5. County Government Month Report — Dianne Edmondson, Denton County Commissioner Pct. 4. (Mayor Fleury) 6. Update on the Pickle Ball Project. (T. Jaramillo) 7. Update on Memorial Day. (S. Norwood) INDIVIDUAL ITEMS 8. Take appropriate action regarding Town Council Minutes dated April 13, 2021 and Town Council Work Session Minutes dated April 14, 2021. (L. Vacek) 9. Take appropriate action regarding Resolution 2021-01 Nominating Sue Tejml to the Denco Area 9-1-1 District Board of Managers. (L. Vacek) 10. Take appropriate action on Ordinance 2021-08 for the transferring of funds from the Hotel Occupancy Tax Fund to the General Fund to compensate for staff support and administrative expenses. (S. Norwood) 11. Take appropriate action on Ordinance 2021-09 transferring COVID-19 relief funds to the Fire and Police Department Overtime Line Item for increased costs of supporting calls for service directly attributed to COVID-19. (S. Norwood and M. Erwin) 12. Review and introduction of amendments to the Town Council Rules of Procedures; Section 1.03.035(a) to state that Draft Agendas be emailed to Council at a minimum of 1 week prior to the Regular Town Council Meetings; and Section 1.03.035(d) to state that Submission of Draft Agenda Items be submitted (utilizing PrimeGov) to the Town Secretary's Office by 12 noon the preceding Monday. (L. Vacek) 13. Future Agenda Items List. (S. Norwood) 14. TABLED ITEM — Take appropriate action on the repair of Trophy Park Road to be completed by Reynolds Asphalt through the approved Interlocal Agreement with the City of Grand Prairie not to exceed $76,307; Tabled at the Regular Meeting of April 13, 2021. (W. Carroll) EXECUTIVE SESSION 15. Executive Session pursuant to the following section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), Section 551.074 Personnel Matters — Annual Review of Town Manager. (Mayor Fleury) RECONVENE INTO REGULAR SESSION ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy Wood Drive, Trophy Club, Texas, on Friday, April 23, 2021 by 5:00 p.m. in accordance with Chapter 551, Texas Government Code. Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary's Office at 682-237-2900, 48 hours in advance, and reasonable accommodations will be made to assist you. Proclamation 2021-07 ToWn of Tropbp Club, Texa.5 Aop 6, 2021 WHEREAS, from our nation's humble beginnings, public prayer and national days of prayer have played a vital role in the life and history of the United States dating back to the first call to prayer in 1775 when the Continental Congress asked the Colonies to pray for wisdom in forming a nation, and the call to prayer has continued throughout our history; and WHEREAS, these times of national supplication were made official in 1952 when President Harry Truman signed a joint resolution of the U.S. Congress which enacted legislation setting aside an annual day of prayer for the Nation, and in 1988 this law was amended permanently setting the day as the first Thursday of every May; and WHEREAS, throughout our history as a Nation, in times of crisis and in times of calm, Americans have turned to prayer in the tradition of our forefathers who sought the wisdom of God when faced with critical decisions, thus reaffirming the spiritual principles upon which this Nation was founded; and WHEREAS, the National Day of Prayer belongs to all Americans and is a day that transcends differences, bringing together citizens from all backgrounds and walks of life to honor God, to pray for our Nation, and to give Him thanks for the many liberties and blessings we have received, among them the freedom to gather, worship and pray; and WHEREAS, this year is the 70th Anniversary of the consecutive annual observance of the National Day of Prayer, and its theme is: "LORD pour out Your LOVE, LIFE, and LIBERTY", praying and proclaiming a promise of God in the theme verse, 2 Corinthians 3:17, "Now the Lord is the Spirit, and where the Spirit of the Lord is, there is liberty"; and WHEREAS, on this National Day of Prayer we come together as leaders and citizens in unity as one Nation under God to seek His divine wisdom, direction, protection, and strength to meet the challenges that we face both present and future, and to offer gratitude for the many blessings He has bestowed upon our communities, state, and nation. NOW, THEREFORE, I, Alicia L. Fleury, in conjunction with the Trophy Club Town Council hereby proclaim Thursday, May 6, 2021, as: "A DAY OF PRAYER in Trophy Club" to coincide with the NATIONAL DAY OF PRAYER. PASSED AND APPROVED on this 27th day of April 2021 by the Trophy Club Town Council. Alicia L. Fleury, Mayor of Trophy Club ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO TOWN OF TROPHY CLUB TOWN COUNCIL WORK SESSION MINUTES WEDNESDAY, APRIL 14, 2021; 6 PM The Trophy Club Town Council met in a Special Work Session on Wednesday, April 14, 2021. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Greg Wilson Council Member, Place 2 Michael Geraci Council Member, Place 5 Philip Shoffner Council Member, Place 6 ABSENT: Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 STAFF PRESENT: Steve Norwood Town Manager Wade Carroll Assistant Town Manager Leticia Vacek Town Secretary/RMO David Dodd Town Attorney Jack Taylor Fire Chief Mike Erwin Finance Manager CALL TO ORDER Mayor Fleury called the Special Work Session to order at 6:03pm and noted a quorum present with the exception of Council Members Bone, and Monger. PUBLIC COMMENT Town Secretary Vacek confirmed there were no speakers under Public Comment. INDIVIDUAL ITEM 1. Discussion of the feasibility for the Transfer of the Fire Department from the Trophy Club Municipal Utility District No. 1 to the Town of Trophy Club. (S. Norwood) EXECUTIVE SESSION Mayor Fleury recessed the meeting into executive session at 6:05 pm. 2. 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. Consultation with Attorney pursuant to the Texas Government Code Section 551.071 regarding legal issues of the Transfer of the Fire Department. (D. Dodd) 3. Reconvene into Regular Session Mayor Fleury reconvened the meeting at 6:58pm and stated that no action would be taken. ADJOURNMENT Mayor Fleury adjourned the meeting at 6:58 pm. Leticia Vacek, TRMC/CMC/MMC Alicia Fleury, Mayor Town Secretary/RMO Town of Trophy Club, Texas TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES Tuesday, April 13, 2021; 7 PM The Trophy Club Town Council met in a Regular Session on Tuesday, April 13, 2021. The meeting was held at Town Hall, 1 Trophy Wood Drive in the Council Chambers. TOWN COUNCIL MEMBERS PRESENT: Alicia L. Fleury Mayor Greg Lamont Mayor Pro Tem, Place 1 Greg Wilson Council Member, Place 2 Sean Bone Council Member, Place 3 Karl Monger Council Member, Place 4 Michael Geraci Council Member, Place 5 Philip Shoffner Council Member, Place 6 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 & Marketing Manager Haley Archer Human Resources Manager CALL TO ORDER Mayor Fleury called the meeting to order at 7pm. INVOCATION The Invocation was delivered by Pastor Jeff Brooks, who prayed for the community, first responders, all staff and Council. He prayed for the Council as they give of their time to continue to make Trophy Club a better place to live. PLEDGES Council Member Geraci led the Pledges to the American Flag and Texas Flag. PUBLIC COMMENT(S) Town Secretary Vacek confirmed there were no public speakers for public comment. ANNOUNCEMENT(S) AND REPORT(S) 1. County Government Month Report— Dianne Edmondson, Denton County Commissioner Pct. 4. (Mayor Fleury) Mayor Fleury announced this item will be addressed at the April 27, 2021 Town Council Meeting. 2. Parks & Recreation Board Update —Chairwoman Tiffany Nimphius. (Mayor Fleury) Chairwoman Nimphius gave an update from the Parks & Recreation Board Meeting held March 8, 2020. She reported that the plumbing repairs from the winter storm have been completed at Harmony and Independence Parks. She added that the community pool repairs have been scheduled. Additionally, Mrs. Nimphius stated that the Parks and Recreation Staff is still accepting applications for Summer Camp Counselors. With regards to the fees, discussion took place on adjusting the fee schedule within the Parks & Recreation Department, including Trophy April 13, 2021 Page 1 of 5 Club Park. She added that Staff have selected a qualified consultant to assist with the installation of the dedicated pickleball courts and will update Council in the near future. Lastly, she noted that Bocce Ball and Kickball Season have begun. Due to technical difficulties, Mayor Fleury called for a brief recess at 7:05 pm. Mayor Fleury reconvened the meeting at 7:10 pm and addressed Item #3. 3. Announcement of Connectivity Ad Hoc Committee (to include loop road). (Mayor Fleury) Mayor Fleury announced the establishment of a Connectivity Ad Hoc Committee that will address additional walkable, bikable, and cartable community efforts, in addition to creating two subcommittees, Loop Road Committee and Pathways Committee. Mayor Fleury stated she has selected Mr. Dave Dickson and Mr. Jeff Beach to Co -Chair the Loop Road Committee and will announce the Pathways Committee Chairperson at a later time. She encouraged residents who want to participate with these Citizen Committees to contact Town Secretary Vacek. Council Member Wilson asked who would chair the Connectivity Ad Hoc Committee. Mayor Fleury announced Resident Megan Koehen has been selected. Council Member Shoffner asked if Ms. Koehen, Mr. Beach and Mr. Dickson were aware of their appointments and leadership roles with these Committees. Mayor Fleury stated all three would be contacted regarding the invitation to lead these Committees. She shared that many residents have approached the Council regarding the feasibility of Loop Road, and, as the Town has exhausted its resources, this Committee will be Town supported and allow the Citizens to take the reins and participate in looking at ways to improve connectivity of the Community. 4. Indian Creek Drainage Update. (S. Norwood) Town Manager Norwood reported a meeting was held with the Homeowners and Property Owners. He shared that the engineers have completed close to 80% - 85% of the design. He also mentioned that he recently met with Trophy Club Country Club to discuss the work that will be performed on their property. He reported that he discussed with the Municipal Utility District (MUD) the relocation of a sewer line, in which the MUD did not have any objections. He added that this item will be placed on the Council Agenda in the next few months for official action to award a bid to start the project. INDIVIDUAL ITEMS S. Take appropriate action regarding the Town Council Joint Meeting EDC Minutes dated March 23, 2021 and Regular Town Council Meeting Minutes dated March 23, 2021. (L. Vacek) Mayor Pro Tern Lamont moved to approve the Town Council Joint Meeting EDC Minutes dated March 23, 2021 and Regular Town Council Meeting Minutes dated March 23, 2021. Council Member Monger seconded the motion. The motion carried as follows. AYE: Bone, Monger, Wilson, Geraci, Shoff ner, Mayor Pro Tern Lamont, and Mayor Fleury NAY: None Take appropriation action on the repair of Trophy Park Road to be completed by Reynolds Asphalt through the approved Interlocal Agreement with the City of Grand Prairie not to exceed $76,307. (W. Carroll) Assistant Town Manager Carroll presented the conditions of Trophy Park Road, the location being specific to the asphalt within Trophy Club Park. He stated this road is in poor condition on both sides, making it difficult for cars to drive down the road. He said several companies have looked at the project, and all with the same conclusion that the subgrade is in great shape; does not require a complete tear -out. He added that their recommendation is to remove several inches off the top layer and do an overlay of asphalt. The project includes 2,000 linear feet, beginning at the gate, covering both lanes, and includes minimal work on the shoulders. He reported a grant was submitted April 13, 2021 Page 2 of 5 in 2019 to the Texas Parks & Wildlife Department (TPWD). TPWD encountered software problems and the last correspondence received March 25, 2021 was a message that no funds for this specific grant have been granted to any municipality with no timeframe. He noted that Staff reviewed the project internally and recommended bringing this item to Town Council for consideration. Mayor Pro Tern Lamont shared two concerns that included if the road is repaired, the grant would not be received and that the property is federally owned. He felt $76,000 was a substantial amount of money for Trophy Club taxpayers to pay for a road repair when the property is federally owned. He also commented that the correct name of the park is Marshal Creek Park and residents think it is owned by the Town of Trophy Club. He added that it is located in the floodplain and reservoir with 20% road coverage and if there is heavy rain, the Town is back to square one. He recommend this item be tabled until there is determination from Texas Parks & Wildlife regarding the grant submission. A lengthy discussion and questions ensued with regards to Covid funding, pot hole repairs, adjusting fees, availability of other federal grants, and revenue generated from fees. Mr. Norwood stated this item is important to complete but recommended bringing this back to the Council at the April 27, 2021 Town Meeting. Council Member Shoff ner added that he would support this item if it were to be included in the budget. Mayor Pro Tern Lamont moved to table said item to the April 27, 2021 Town Council Meeting. Council Member Shoff ner seconded the motion. The motion carried as follows. AYE: Bone, Monger, Wilson, Geraci, Shoff ner, Mayor Pro Tern Lamont, and Mayor Fleury NAY: None PUBLIC HEARING — Case SUP-21-003 (Trophy Table Alcohol Sales) a. Conduct a Public Hearing for a Request by Trophy Table for a Specific Use Permit (SUP) for Alcoholic Beverage Sales for On -premise consumption in conjunction with a restaurant use, located at 3000 State Highway 114. (L. Payne) Town Planner Payne reported Trophy Table, in the old Breadwinners building, requested a SUP for Alcohol Beverage Sales to sell beer, wine and liquor for On -premise consumption and applied to the TABC for a late hours permit to sell alcohol between 12 AM — 2 AM. The PD-25 Standards do not regulate alcohol sales beyond Town and State laws but does specifically allow for retail and restaurants to stay open until 2 AM. Trophy Table is in compliance with the 300 feet rule for schools, churches and hospitals, with the closest being Primrose Day School, about 3,100 feet away. Parking needs have been addressed by the required on -site parking spaces and the Chief of Police has been notified with no issues. Public notices have been distributed and to date, no feedback has been received. The Planning & Zoning Commission considered this item on April 8, 2021 and unanimously recommended approval, as did Town Staff. Mayor Fleury declared the Public Hearing open at 7:34 pm for Case SUP-21-003 (Trophy Table Alcohol Sales). Town Secretary confirmed no public comments were received and no one registered to speak on said item. Mayor Fleury declared the Public Hearing closed for Trophy Table at 7:35 pm. b. Discussion and recommendation regarding a Request by Trophy Table for a Specific Use Permit for Alcoholic Beverage Sales for On -premise consumption in conjunction with a restaurant use, located at 3000 State Highway 114. (L. Payne) Mayor Pro Tern Lamont moved to approve the request by Trophy Table for a Specific Use Permit for Alcoholic Beverage Sales for On -premise consumption in conjunction with a restaurant use, located at 3000 State Highway 114. Council Member Monger seconded the motion. The motion carried as follows. April 13, 2021 Page 3 of 5 AYE: Bone, Monger, Wilson, Geraci, Shoffner, Mayor Pro Tern Lamont, and Mayor Fleury NAY: None 8. PUBLIC HEARING —Youth Programs Standard of Care Ordinance Conduct a Public Hearing to receive Comments establishing a Youth Programs Standard of Care Ordinance related to Day Camp Activities. IT. Jaramillo) Director of Parks & Recreation Jaramillo shared how proud the Town is to have the opportunity to hold the Day Camp this year as last year's Program was cancelled due to Covid. He reported that the only revisions made are specific tojob titles and updating Mayor Fleury's name on the Ordinance. He added that Staff recommends approval. Mayor Fleury declared the Public Hearing open at 7:36 pm for Youth Programs Standard of Care Ordinance. Town Secretary Vacek confirmed no public comments were received and no one registered to speak on said item. Mayor Fleury declared the Public Hearing for Youth Programs Standard of Care Ordinance closed at 7:36 pm. Mayor Pro Tern Lamont moved to approve Ordinance 2021-07 establishing a Youth Programs Standard of Care providing childcare regulations for Day Camp Activities in accordance with Section 42.041(b)(14) of the TX Human Resources Code. Council Member Wilson seconded the motion. The motion carried as follows. AYE: Bone, Monger, Wilson, Geraci, Shoffner, Mayor Pro Tern Lamont, and Mayor Fleury NAY: None 9. Take appropriate action regarding an Economic Development Agreement for a Loan and Grant with Trophy Table Restaurant to be located at 3000 TX-114, Trophy Club, TX. (5. Norwood) Town Manager Norwood noted that earlier, the Town Council approved their SUP for Alcohol Sales. He reported the Incentive Agreement utilizes Economic Development Corporation (EDC) Funds that includes a $100,000 Grant and a $200,000 Loan to be repaid to the EDC 4-B. This agreement was considered at the April 12, 2021 EDC Meeting and approved 4 to 1, with the stipulation to attach the Amortization Table to the Agreement to show the payments to the EDC for the term. He stated there would be no prepayment penalty if they choose to pay it off early, with a payment plan starting 120 days after obtaining their Certificate of Occupancy. He noted the applicants are present for questions. Council Member Shoffner commented on the EDC 4-13 Meeting vote and asked why one Board Member voted no. Mayor Fleury responded that Mr. Clarke wanted the corporation to guarantee the loan, rather than be a personal guarantee. Mayor Fleury added that the corporation is 50% owned by another party; thus, not feasible. Mayor Pro Tern Lamont moved to approve the Loan and Grant Agreement with Trophy Table located at 3000 TX- 114, Trophy Club, Texas as recommended by the EDC4-13 to attach the Amortization Table to the Agreement. Council Member Monger seconded the motion. Council Member Shoffner asked if the motion could be divided, as it is two different subjects for two separate motions with one being a Loan and one being a Grant. Town Attorney Dodd stated that it is one Agreement for a Loan and Grant; thus, stated it was not feasible. The motion carried as follows. AYE: Monger, Wilson, Geraci, Mayor Pro Tern Lamont, and Mayor Fleury NAY: Bone, Shoffner April 13, 2021 Page 4 of 5 Mayor Fleury welcomed Trophy Table Owners Kevin and Julia von Ehrenfried to the community, and acknowledged their hard work in getting things ready. She commented on their successful restaurant in Arlington that serves great food and entertainment and looks forward to them joining Trophy Club. Mr. von Ehrenfried thanked Mayor Fleury and Council for their support. 10. EXECUTIVE SESSION: Mayor Fleury recessed the meeting into Executive Session at 7:43 pm 11. REGULAR SESSION: Mayor Fleury reconvened the meeting into Regular Session at 9:37 PM and stated no action would be taken. ADJOURNMENT: Mayor Fleury adjourned the meeting at 9:37 pm. Alicia L. Fleury, Mayor Town of Trophy Club, Texas Attest: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO April 13, 2021 Page 5 of 5 TOWN OF TROPHY CLUB 1 Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophyclub.org I trophyclub.org To: Mayor Fleury and Town Council From: Leticia Vacek, Town Secretary/RMO CC: Steve Norwood, Town Manager Wade Carroll, Assistant Town Manager Re: Nomination of Sue Tejml to the Denco Area 9-1-1 District Board of Managers Agenda Item: Nomination of Sue Tejml to the Denco Area 9-1-1 District Board of Managers. Background and Explanation: Sue Tejml currently serves on the Denco Area 9-1-1 District Board of Managers. Her term expires September 2021. Ms. Tejml is an Attorney and was appointed by member cities in Denton County in 2013. She has expressed her desire to continue to serve. Ms. Tejml currently serves as Vice -Chair of the Denco Area 9-1-1 District Board of Managers. Legal Review: A Council Resolution is due to Denco Area 9-1-1 District Board of Managers no later than 5 PM on May 31, 2021. Staff Recommendation: It is recommended that the Trophy Club Town Council Nominate Sue Tejml by Resolution to be submitted to the Denco Area 9-1-1 District Board of Managers by the first week in May, 2021 Attachments: Resolution 2021-01 Denco Area 9-1-1 Board of Managers FY 2021 Roster Page 1 of 1 Denco Area 9-1-1 District Board of Managers FY2021 Bill Lawrence, Chairman • Appointed by Denton County Commissioners Court • Member since October 2006 • Term expires September 2021 • Former Mayor of Highland Village • Businessman, Highland Village Sue Tejml, Vice Chair • Appointed by member cities in Denton County • Member since 2013 • Term expires September 2021 • Attorney at Law Chief Terry McGrath, Secretary ■ Appointed by Denton County Fire Chief's Association ■ Member since October 2011 ■ Term expires September 2021 ■ Assistant Fire Chief, City of Lewisville Jim Carter • Appointed by member cities in Denton County • Member since October 2014 • Term expires September 2022 • President of Emergency Services District #1 • Former Mayor of Trophy Club and Denton County Commissioner Jason Cole • Appointed by Denton County Commissioners Court • Member since October 2020 • Term expires September 2022 • Businessman, Denton George Karatzis ■ Non -voting member appointed by largest telephone company (Verizon) ■ Member since 2021 ■ Serves until replaced by telephone company ■ Director, Network Field Engineering, Verizon All voting members serve two-year terms and are eligible for re -appointment. TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2021-01 A RESOLUTION NOMINATING ONE CANDIDATE TO A SLATE OF NOMINEES FOR THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE, BE IT RESOLVED BY THE TROPHY CLUB TOWN COUNCIL: Section 1 The Town of Trophy Club hereby NOMINATES Sue Tejml as a candidate for appointment to the Board of Managers of the Denco Area 9-1-1 District. Section 2 That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED by the Trophy Club Town Council this 27t" day of April 2021. Alicia L. Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor and Town Council From: Steve Norwood, Town Manager CC: Mike Erwin, Finance Manager Leticia Vacek, Town Secretary Re: Fiscal Year 2020-2021 Budget Amendment #2 Town Council Meeting, April 27, 2021 Agenda Item: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2020- 2021(FY21) Budget of the Town of Trophy Club, Texas Budget Amendment No. 2; providing for an amendment to appropriate funds related to changes in various departments; and providing an effective date (S. Norwood). Strategic Link: Administrative & Financial Services — Exercise fiscal discipline in all Town operations. Background and Explanation: Council directed staff to consider a transfer from the Hotel Occupancy Tax Fund to the General Fund for cost of service for various General Fund Departments. Under Texas law, local HOT revenue can be used only to directly promote tourism and the convention/hotel industry. The following uses were found applicable. Sec. 351.101. USE OF TAX REVENUE. (a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: 3) advertisina and conductina solicitations and promotional proarams to attract tourists and convention delegates or registrants to the municipality or its vicinity, Sec. 351.005. REIMBURSEMENT FOR EXPENSES OF TAX COLLECTION AND USE OF ELECTRONIC TAX ADMINISTRATION SYSTEM. (a) A municipality may permit a person who is required to collect and pay over to the municipality the tax authorized by this chapter to withhold not more Page 1 of 2 than one percent of the amount of the tax collected and required to be reported as reimbursement to the person for the cost of collecting the tax. After review the staff considered the Communications Manager, Parks Superintendent, Parks Director and Finance staff as employees that possibly fell into these categories in the course of their duties. Percentage of salaries listed below include full cost including benefits. The percentages shown below reflect an estimate of the employees' time spent on event related work or tax collection. • 25% of the Communication Manager ($27,042), • 25% of the Parks Superintendent ($23,364.25), • 15% of the Parks Director ($20,240.70) and • 5% of Finance Department salaries and benefit expenditures ($23,935.05), for a total of $94,582.00. Financial Considerations: Budget Amendment #2 changes the FY21 budget in the following ways: • Create an Interfund Transfer from the Hotel Occupancy Tax Fund to the General Fund in the amount of $94,582.00. Legal Review: Legal has reviewed this report and it is ready for the packet Board/Commission/ or Committee Recommendation: Not Applicable Staff Recommendation: Staff recommends the approval of the Town of Trophy Club, Texas Budget Amendment No. 2 Attachments: • Ordinance No. 2021-08 • Budget Amendment #2 Town Council Approval: Mayor Alicia Fleury or designee Page 2 of 2 TOWN OF TROPHY CLUB ORDINANCE NO. 2021-08 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2020-2021 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS, BUDGET AMENDMENT NO. 2; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS FOR EXPENDITURES ASSOCIATED WITH OPERATIONS AND CAPITAL; PERSONNEL CHANGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2020-2021 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council did not appropriate funds for expenditures associated with previous fiscal year's capital projects; current fiscal year reclassification of expenditures; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit "A", will serve the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2020-2021 Budget is hereby amended to fund the line items as stated in Exhibit "A", a copy of which is attached hereto and incorporated herein. This Amendment No. 2 (Exhibit "A") to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2020-2021 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first amendment that has occurred since the October 1, 2020 effective date of the Town's Fiscal Year 2020-2021 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2020-2021 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 27th day of April, 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Leticia Vacek, TRMC/CMC/MMC Town Secretary/RMO APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-08 Page 2 of 3 Communications Parks Parks Finance Exhibit "A" Town of Trophy Club Budget Amendment No. 2 Budget Amendment #2 Total Compensation including benefits/taxes, etc. $ 108,168.00 $ $ 93,457.00 $ Total Compensation including benefits/taxes, etc. $ 134,938.00 $ Total Compensation including benefits/taxes, etc. $ 478,701.00 $ 25% of Salary including benefits/taxes, etc. 27,042.00 23,364.25 15% of Salary including benefits/taxes, etc. 20,240.70 5% of Salary including benefits/taxes, etc. 23,935.05 Total $ 815,264.00 $ 94,582.00 Transfer from HOT Fund to General Fund Amount $ 94,582.00 Transfer is treated as transfer in to the General Fund and not to the departments ORD 2021-08 Page 3 of 3 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor and Town Council From: Mike Erwin, Finance Manager CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Fiscal Year 2020-2021 Budget Amendment #3 Town Council Meeting, April 27, 2021 Agenda Item: Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2020- 2021(FY21) Budget of the Town of Trophy Club, Texas Budget Amendment No. 3; providing for an amendment to appropriate funds related to changes in various departments; and providing an effective date (M. Erwin). Strategic Link: Administrative & Financial Services — Exercise fiscal discipline in all Town operations. Background and Explanation: The Public Safety Departments, Police and Fire/EMS have incurred additional overtime expenditures during the FY21 fiscal year related to COVID-19. This amendment will increase the overtime budget amounts in both departments for expenditures directly related to COVID-19. The funding will come from assigned fund balance created in the 1st budget amendment of FY21. The amount of the assigned fund balance is $176,838.29 of which $45,637.28 will be used, leaving a remaining amount of $131,201.01. Financial Considerations: Budget Amendment #3 changes the FY21 budget in the following ways: • Increase Overtime Budget for Public Safety (Police & Fire/EMS) due to Covid related events. (Police - $14,841.28 & Fire/EMS - $30,796.00) The total fiscal impact to the FY21 budget is a net increase of $45,637.28 in expenditures. This action will increase the Police overtime budget from $97,773.00 to $112,614.28 and the Fire budget from $78,078.00 to $93,476.00 and the EMS budget from $78,078.00 to $93,476.00. Page 1 of 2 Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not Applicable Staff Recommendation: Staff recommends approval of Ordinance No. 2021-09. Attachments: • Ordinance No. 2021-09 Town Council Approval: Mayor Alicia Fleury or designee Page 2 of 2 TOWN OF TROPHY CLUB ORDINANCE NO. 2021-09 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2020-2021 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS, BUDGET AMENDMENT NO. 3; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS FOR EXPENDITURES ASSOCIATED WITH OPERATIONS AND CAPITAL; PERSONNEL CHANGES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2020-2021 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council did not appropriate funds for expenditures associated with previous fiscal year's capital projects; current fiscal year reclassification of expenditures; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit "A", will serve the public interest and is necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2020-2021 Budget is hereby amended to fund the line items as stated in Exhibit "A", a copy of which is attached hereto and incorporated herein. This Amendment No. 3 (Exhibit "A") to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2020-2021 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the second amendment that has occurred since the October 1, 2020 effective date of the Town's Fiscal Year 2020-2021 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2020-2021 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 27th day of April, 2021. Alicia Fleury, Mayor Town of Trophy Club, Texas ORD 2021-09 Page 2 of 4 [SEAL] /_1911121101 Leticia Vacek, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: J. David Dodd III, Town Attorney Town of Trophy Club, Texas ORD 2021-09 Page 3 of 4 Exhibit "A" - Section 1 PD Salaries - Overtime 01-251-50130 FY21 BUDGET AMENDMENT #3: Line Item Overtime Increase Overtime budget due to Covid $ 97,773.00 Recommended $ 14,841.28 Amended $ 112,614.28 Fire Salaries - Overtime 01-255-50130 EMS Salaries - Overtime 01-256-50130 Overtime Increase Overtime budget due to Covid $ Overtime Increase Overtime budget due to Covid $ 78,078.00 78,078.00 $ 15,398.001 $ 15,398.001 $ 93,476.00 $ 93,476.00 Assigned COVID-19 Fund Balance $ 176,838.29 $ (45,637.28) $ 131,201.01 Total $ 430,767.29 $ - $ 430,767.29 ORD 2021-09 Page 4 of 4 TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2020-17 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING DIVISION 2, "MEETINGS AND RULES OF PROCEDURE", OF ARTICLE 1.03, "TOWN COUNCIL" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW DIVISION 2, "MEETINGS AND RULES OF PROCEDURE", OF ARTICLE 1.03, "TOWN COUNCIL"; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER; PROVIDING A SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council establishes rules and procedures to ensure that its meetings are conducted in an orderly manner; and WHEREAS, the Town Council has the authority to generally review and make changes to its procedural rules as it determines appropriate for the orderly conduct of its meetings; and WHEREAS, having reviewed the existing procedures and considering the desire to conduct orderly and efficient meetings, the Town Council hereby repeals Division 2, "Meetings and Rules of Procedure," of Article 1.03, "Town Council' and adopts a new Division 2, "Meetings and Rules of Procedure," of Article 1.03, "Town Council' serving the best interests of the Town and will assist with the conduct of orderly and efficient meetings. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.1 Division 2, "Meetings and Rules of Procedure," of Article 1.03, "Town Council' of the Town of Trophy Club Code of Ordinances, is hereby repealed and a new Division 2, "Meetings and Rules of Procedure," of Article 1.03, "Town Council' is hereby adopted, so that Division 2, "Meetings and Rules of Procedure shall be and read in its entirety as follows: ARTICLE 1.03 TOWN COUNCIL Division 2. Meetings and Rules of Procedure Sec.1.03.031 Authority Pursuant to Section 3.11 of the Home Rule Charter of the town, the Town Council shall determine its own Rules of Procedure. The Charter of the Town of Trophy Club, Texas, provides for open meetings for the Town Council at which reasonable opportunity shall be given for Citizens to be heard under such rules as the Council may provide. The Rules of Procedure establish guidelines to be followed by all persons attending a Town Council meeting, including members of the Town Council, Town Staff and visitors. Sec.1.03.032 General Rules (a) Meetings to be public. All official meetings of the town council and all sessions of a subcommittee of the town council consisting of a quorum of the council shall be public unless otherwise specified by council. (b) Quorum. The governing body of the town consists of a Mayor and six (6) Council Members. Attendance at a council meeting by four (4) of the seven (7) members of the Town Council constitutes a quorum for the purpose of a regular or special meeting. (c) Attendance. As specified in the Town Charter, should a member of the Town Council fail to attend three consecutive regular meetings without being excused by the council, his/her office may be declared forfeited by the council. A member of the Town Council who is unable to attend a Council Meeting shall notify the Town Secretary of his/her inability to attend the meeting and shall provide an explanation of the conflict or other reason that prevents his/her attendance. Written notice to the Town Secretary via email or followed up with an email shall be provided as soon as practicable after the member becomes aware that he/she will be absent. The Town Secretary shall notify the council of the absence prior to the beginning of the Council Meeting from which the member will be absent or as soon as the Town Secretary receives written notice. (d) Misconduct. The Town Council may punish its own members for misconduct as authorized by state law and town charter. ORD 2020-17 Page 2 of 14 (e) Minutes of Town Council meetings. An account of all proceedings of the town council shall be maintained by the Town Secretary and shall be entered into a book constituting the official record of the town council. (f) Questions to contain one subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. (g) Right to floor. Any town council member desiring to speak shall be recognized by the chairman/mayor. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. (h) Town manaaer. The town manager or assistant town manager or acting town manager, shall attend all meetings of the town council unless excused by the mayor or town council. The town manager, assistant town manager, or acting town manager may make recommendations to the town council and shall have the right to take part in all discussions of the town council, but shall have no vote. The town manager may place an item for discussion and/or action on the council agenda. (i) Town attorney. The town attorney or acting town attorney, shall attend all meetings of the town council unless excused by the mayor or town council and shall, upon request, give an opinion, either written or oral, on questions of law. The town attorney shall act as the town council's parliamentarian. Q) Town secretary. The town secretary or acting town secretary, shall attend all meetings of the town council unless excused by the mayor or town council, and shall keep the official minutes and perform such other duties as may be requested of him/her by the town council. (k) Officers and employees. Any officer or employee of the town, when requested by the town manager, shall attend any meeting of the town council. If requested to do so by the town manager, they may present information relating to matters before the town council. (1) Rules of order. Robert's Rules of Order Newly Revised, as amended by the council, shall govern the proceedings of the town council. (m) Suspension of rules. Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the town council in attendance. The vote on any such suspension shall be taken by a show of hands and entered into the record. (n) Amendment to rules. These rules may be amended, or new rules adopted with a favorable vote by four (4) members of the town council in attendance, ORD 2020-17 Page 3 of 14 provided that the proposed amendments or new rules shall have been introduced into the record at a prior town council meeting. Sec. 1.03.033 Types of Meetings (a) Regular meetings. The Town Council shall primarily meet in the council chambers located at 1 Trophy Wood Dr., Trophy Club, Texas, on the second and fourth Tuesday of each month and each meeting shall commence at the time and place posted on the agenda. (b) Special meetings. Special meetings may be called by the Mayor or by any three (3) members of the Town Council. The call for a special meeting shall be filed with the Town Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all members are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, and shall list the subject or subjects to be considered. No special meeting shall be held until at least 72 hours after the call is issued or within two (2) hours for an emergency meeting. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or as incident thereto. (c) Emergency meetings. in case of an emergency or urgent public necessity, an emergency meeting shall be called by the Mayor or by three (3) members of the town council, and shall follow Texas Statutes and be posted accordingly. (d) Recessed meetings. Any meeting of the Town Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. (e) Public hearings. (1) All meetings shall be held in full compliance with the provisions of state law and codes of the town. Any party in interest may appear in his/her own behalf or be represented by counsel or agent. (2) The Town Secretary shall set public hearing dates for the Town Council as requested, be responsible for timely advertising in the official newspaper, and notify interested parties according to requirements of the town council. ORD 2020-17 Page 4 of 14 Sec. 1.03.034 Presiding Officer/Mayor (a) Designation. The Mayor, if present, shall preside at all meetings of the Town Council. In the absence of the Mayor, the Mayor Pro- Tern shall preside. In the absence of both the Mayor and the Mayor Pro- Tem, the Town Council shall elect a Presiding Officer. (b) Call to order. The meetings of the Town Council shall be called to order by the Mayor. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the Town Secretary. (c) Preservation of order. The Mayor shall preserve order and decorum, prevent personalities from becoming involved in debate and confine members in debate to the question under discussion. (d) Points of order. (1) A member may interrupt debate for immediate consideration of questions relating to rights and privileges of the assembly. The Mayor will decide the question or may refer to the Town Attorney for a ruling. The Mayor's decision is subject to appeal to the Town Council. (2) A member of the council may appeal a ruling of the Mayor by obtaining the floor and stating, "I appeal the ruling of the Mayor." The person appealing can interrupt a speaker who has the floor. If another member seconds the appeal, the procedure is as follows: the presiding officer puts the question to the members for a vote. The question cannot be amended and it is debatable unless the immediately pending question is not debatable, the purpose of the vote is to decide whether the Mayor's ruling should be sustained. The Mayor is entitled to speak first and last in any discussion about the appeal or his/her decision. A majority vote is required to overturn the decision of the Mayor, and the question can be reconsidered. (e) Questions to be stated. The Mayor shall state all questions submitted for a vote and announce the result. The announcement of the result will include the number of votes for, number of votes against and abstentions, or state if unanimous. (f) Substitution of presiding officer. The Mayor may call any other member to take his place in the chair, such substitution not to continue beyond adjournment. Sec. 1.03.035 Order of Business; Agenda ORD 2020-17 Page 5 of 14 (a) Agenda. The business of each meeting shall be as contained in the agenda in the order established by the Mayor. The Town Secretary is responsible for the preparation of the agenda and providing a draft to the Town Council the topics to be considered each Thursday preceding the Tuesday Council Meeting. The agenda may provide for a work session immediately preceding the Regular Council Meeting in order to allow council discussion and questions related to one or more of the items posted on the Regular Council agenda. At the end of each agenda item, the agenda should specify the first initial and last name of the person(s) adding the item to be considered on the agenda. (b) Presentations by members of Town Council Future Agenda items The Future Agenda Items' List shall provide the Mayor or any two (2) Town Council Members the opportunity to bring an item before the Town Council for consideration at a future meeting. Pursuant to the Town Charter, before any item is placed for discussion and/or action on a future Town Council agenda, a request for its placement on the agenda shall be made by either the Mayor or by any two (2) Council Members. (c) Request for Agenda Item by Mayor/Presiding Officer. The Mayor or a Presiding Officer of a council appointed board, commission, corporation, or other appointed body requesting that an item be placed on the Council Agenda for discussion and/or action shall present such request to the Town Manager in writing in the time frame set forth in subsection (d) below. (d) Deadline for Submission of Council Agenda item(s). An item for Town Council consideration shall be submitted to the Town Secretary's office in writing not later than 5:00 pm on the Monday prior to the 72 hour publication of the meeting agenda. (e) Public Comment by citizens or representative(s) of organized groups - Public Comment by citizens at a council meeting, with or without prior notification, shall be limited to a total of four (4) minutes. (f) Presentation by citizens or representative(s) of organized groups: Agenda Items. For items on the Agenda - Presentations by citizens, with or without ORD 2020-17 Page 6 of 14 prior notification, shall be limited to a total of six minutes. The speaker will be limited to four (4) minutes of time to complete his/her comments prior to council discussion and two (2) minutes prior to the vote. The Mayor shall maintain the time and advise the speaker when his/her time has expired. A person may not give his/her speaking time to another. Persons wishing to express their position on an agenda item but who do not wish to speak shall complete a speaker's form and indicate their support or opposition. The name and respective position of such person(s) shall be read into the record by the Mayor. Topics of presentations should be limited to matters over which the Council has authority. (g) Rules of conduct applicable to citizen's presentations for agenda items citizen's presentations and for public hearings. (1) Each person addressing the council shall step up to the microphone, shall give his or her name and address in an audible tone of voice for the record. If representing an organized group, the speaker shall identify the group represented. All remarks shall be addressed to the council as a body, and not to any member thereof. No person, other than town staff, members of the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the council. No questions shall be asked of the councilmembers, except through the presiding officer. (2) All citizens shall refrain from private conversations in the chamber while the Town Council is in session. (3) Citizens attending the council meetings shall observe the same rules of priority, decorum, and good conduct applicable to the administrative staff. Any persons making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Town Council or while attending the council meeting, shall be removed from the room if the Chief of Police (or his representative) is directed by the Mayor/Presiding Officer, and such person shall be barred from further audience before the council during that Council Session. (4) Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Mayor/Presiding Officer, who shall direct the Chief of Police or his designee to remove such offenders from the room. ORD 2020-17 Page 7 of 14 (5) In case the Mayor/Presiding Officer shall fail to act, any member of the Town Council may move to require the Mayor to enforce the rules, and the affirmative vote of a majority of all members present of the Town Council shall require the Mayor/ Presiding Officer to act. (6) No placards, banners or signs of any kind shall be permitted in the council chamber unless exhibits, displays and visual aids are used in connection with presentations to the Town Council, provided that such exhibits, displays and visuals aids do not disrupt the meeting. (7) The Mayor may issue Proclamations as needed without Council Approval should the proclamation request not satisfy the deadline for placement on the Council Agenda. (h) Written communications to Council. (1) General. Interested parties, or their authorized representatives, may address the council by written communication in regard to any matter concerning the town's business or over which the council has control at any time. (2) Agenda Items. A written communication relative to a Citizen Presentation and an item posted for consideration on a Town Council Agenda may be submitted by direct mail to the council or to the Town Secretary at least four (4) hours prior to the time for commencement of the Town Council Meeting at which the item will be discussed. Upon timely receipt of a communication, the Town Secretary shall distribute copies to each of the councilmembers and shall make copies available for public review at a designated location in the council chambers. The names of those submitting the communication and the topic addressed will be entered into the record without the necessity for reading as long as sufficient copies are available at the meeting for review by members of the audience/public. (i) Presentations by Town Manager. Matters requiring the council's attention which may have developed since the deadline for delivery of the written communication to the council may be presented orally by the Town Manager for informational purposes only in accordance with Chapter 551 Texas Government Code. Q} Requests for Research or Information. The Mayor and individual councilmembers may request information or research from the town staff on a given topic through the Town Manager who will make all members of council aware of the special request, as it may be of interest to them as well. ORD 2020-17 Page 8 of 14 Accordingly, the Town Manager will provide the results of the request to all members of council. In the event the Town Manager believes he cannot respond in a timely manner, he and the members of council will coordinate a reasonable and responsible timeframe in which to expect the results without unduly interfering with other activities of higher priority. (k) Notification of Significant Activities or Events. The Mayor and councilmembers expect the Town Manager to notify them, and provide periodic updates regarding significant activities or events in the town related to natural or manmade disasters, major criminal activity, accidents involving town property, or death involving town staff/employees. (1) Seating Arrangement. The Town Manager, Town Secretary, and Town Attorney shall occupy the respective seats in the council chamber assigned to them by the Mayor/Presiding Officer, but any two (2) or more of the Town Council may exchange seats. Sec.1.03.036 Ordinances, Resolutions and Motions (a) Printed or typewritten form. All ordinances and resolutions shall be presented to the Town Council only in written form. (b) Town Attorney to approve. All ordinances and resolutions shall be approved as to form and legality by the Town Attorney. (c) Distribution of Ordinances. The Town Secretary shall include drafts of all proposed ordinances within the agenda packet or provide to all members of the Town Council at the meeting at which the ordinance is introduced. (d) Recording of Votes. The show of hands shall be taken and entered upon the passage of all ordinances and resolutions and entered into the official record of the council. (e) Vote required for Approval. Approval of every ordinance, resolution, or motion shall require the affirmative vote of four (4) of the members of the Town Council in attendance. (f) Mayoral Vote. The Mayor shall have a vote on all matters before the council. (g) Conflict of interest. Should any person on the Town Council have a conflict of interest pursuant to any state laws and/or town ordinances regulating conflicts of interest with regard to an item on the council agenda, such person shall openly declare their conflict prior to any discussion of the item, shall have completed the conflict of interest affidavit as required by state law, and have filed it with the Town Secretary,and shall be prohibited from participating in the discussion or vote on the item. ORD 2020-17 Page 9 of 14 (h) Abstention from Voting. Should any person on the Town Council abstain from voting on an agenda item where no conflict of interest under state law and/or town ordinance exists, the person's vote shall be recorded as a negative vote in the minutes of the council meeting. Sec. 1.03.037 Rules of Decorum (a) Recognition by Mayor/Presidin-q Officer. No person shall address the Town Council without first being recognized by the Mayor/Presiding Officer. (b) Order. While the council is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Town Council nor disturb any member while speaking or refuse to obey the orders of the presiding officer. Members of the Town Council shall not leave their seats during a meeting without first advising the Mayor/Presiding Officer. (c) Mayor/Presiding Officer may Debate. The Mayor/Presiding Officer may move only to such limitations of debate as are the rights and privileges of a Town Council Member by reason of their acting as the Mayor/Presiding Officer. If the Presiding Officer is engaged in debate and is abusing the position as Presiding Officer, at the insistence of any three (3) Council Members, the Mayor/Presiding Officer member must relinquish the chair in accordance with provisions of Robert's Rules of Order Newly Revised. (d) Getting the floor, improper references to be avoided. Every member desiring to speak shall address the Mayor/Presiding Officer, and upon recognition by the Mayor/Presiding Officer shall confine himself/herself to the questions under debate, avoiding all personalities and inappropriate language. (e) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call the member to order, or as herein otherwise provided. If a member, while speaking, is called to order, the Town Council Member shall cease speaking until the question of order be determined and, if in order, the Town Council Member shall be permitted to proceed. Sec.1.03.038 Parliamentary Motions and Precedence (a) Discussion of items. The meeting is governed by the agenda and the agenda constitutes the only items to be discussed. Each agenda item shall ORD 2020-17 Page 10 of 14 be considered open for discussion after that item is read by the Mayor/Presiding Officer. If a member wishes to challenge an agenda item on the basis that the item is not a proper topic for council discussion, such member shall state that he or she "objects to the consideration of the agenda item" during the reading of the item. This action does not require a second. When the objection is made, the Mayor/Presiding Officer will finish reading the item after the objection, then shall immediately call the question: will the assembly consider this agenda item?" if 2/3 of the members vote "no," the agenda item will not be considered open. A motion for appropriate action shall be made after discussion of an item has been concluded. (1) The Mayor/Presiding Officer should invite the appropriate people to report on the item, including any recommendation they might have. (2) The Mayor/Presiding Officer should ask the Members if they have any technical questions for clarification. At this point, the members may ask clarifying questions to the people who reported on the item, and they should be given time to respond. (3) The Mayor/Presiding Officer should invite resident comments (limited to 4 minutes or a time determined appropriate by the Mayor/Presiding Officer) — or if a public hearing, open the public hearing. Upon conclusion of the public hearing, the Mayor/Presiding Officer should announce the public hearing closed. (b) Motions. After obtaining the floor a motion can be made before the assembly on the particular subject of discussion. The Mayor/Presiding Officer should invite a motion from the Members before debate is given on the merits of the item. The Mayor/Presiding Officer should announce the name of the Council Members -who makes the motion. (1) A "second" to the motion must be made by another Council Member within a reasonable but brief time period which is determined and recognized by the Mayor/Presiding Officer. The Mayor/Presiding Officer should announce the name of the Member who seconds the motion. If no Members wish to second the motion, then the motion fails, and should be so stated by the Mayor/Presiding Officer. Without a "second" the motion dies. (2) If the motion is made and seconded, the Mayor/Presiding Officer should make certain that everyone (including the audience) understands the motion. This is done in three ways: a. The Mayor/Presiding Officer can ask the maker of the motion to repeat it; b. The Mayor/Presiding Officer can repeat the motion; or c. ORD 2020-17 Page 11 of 14 The Mayor/Presiding Officer can ask the Town Secretary to repeat the motion. (3) No main motion can be made when another motion is pending. The Mayor/Presiding Officer should now invite the Members to discuss the motion. If there is no desired discussion, the Mayor/Presiding Officer should invite additional resident comments (limited to 2 minutes or a time determined appropriate by the Chair). If there has been no input or discussion or a brief discussion, then there is no need to repeat the motion before taking a vote. If the discussion has been lengthy, it is a good idea to repeat the motion before calling for the vote. (c) Withdrawal of motions. A motion may be withdrawn, or modified, by its mover without asking permission until the motion has been stated by the Mayor/Presiding Officer. If the mover modifies his motion, the person who seconds the motion may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the council. (d) Stating the question. in principle, the Mayor/Presiding Officer must state the question on a motion immediately after it has been made and seconded, unless the Council Member is obligated to rule that the motion is out of order or if the wording is not clear. (e) Amendments to motions. No motion or proposition of a subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. (f) Debate. Debate must be limited to the merits of the immediately pending question as stated by and by authority of the Mayor/Presiding Officer. (g) Calling for the question by Mayor/Presiding Officer - ending debate. (1) The Mayor/Presiding Officer may "call for the question" without a vote if debate appears to have closed and if there are no objections by any council member. (2) A motion for the previous question (call the question) may not interrupt a speaker who has the floor, must be made and seconded, is not debatable, cannot be amended, requires an affirmative, two- thirds vote of members present to pass and in this assembly cannot be reconsidered. Additionally, in order to protect the democratic process, any Council Member or member of the public who is on ORD 2020-17 Page 12 of 14 record to speak before the motion is made will be permitted to speak before the vote is taken on the motion for the previous question, (3) The Mayor/Presiding Officer calls for the vote. Unless a super - majority is required for passage of the motion, a simple majority vote determines whether the motion passes or fails. (4) The Mayor/Presiding Officer announces the results of the vote and should also state what action (if any) the Members have taken. Sec.1.03.039 Creation of Committees, Boards and Commissions (a) Ad -hoc Committees. The Council may, as the need arises, authorize the appointment of "ad hoc" committees. Except where otherwise specifically provided, the Mayor shall appoint the members of the "ad hoc" committees, subject to the approval of the Town Council. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Town Council. (b) Citizen Boards, Commissions, Corporations, and other appointed bodies. The Town Council may create boards, commissions, corporations and other council appointed bodies to assist in the conduct of the operation of the town government with such duties as the council may specify. Memberships and selection of members shall be as provided in accordance with the guidelines in the handbook for elected and appointed officials, as amended from time to time. Any such appointed bodies so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Town Council. No body so appointed shall have powers other than advisory to the Town Council, except as otherwise specified by the laws of the state. These rules of procedure shall apply to council appointed boards, commissions, corporations, and other appointed bodies in accordance with the Town's Handbook for Appointed and Elected Officials and shall only be modified as provided in the enabling ordinances for each such council appointed body." SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting rules of procedure and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. ORD 2020-17 Page 13 of 14 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance Records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. FIRST READING by the Town Council of the Town of Trophy Club, Texas, was held August 25, 2020. SECOND READING PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, September 22, 2020. C. Nick Sanders, Mayor Town of Trophy Club, Texas Al/, Towrn SecrbfarvLRMO J. dedWdd III, -Town Attorney T 4 of Trophy Club, Texas ORD 2020-17 Page 14 of 14 TTOWN OF (C��,.*fTROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 infootrophyclub.org I trophyclub.org To: Mayor Fleury and Town Council From: Leticia Vacek, Town Secretary/RMO CC: Steve Norwood, Town Manager Re: Town Council Rules of Procedures - Proposed Amendments Date: April 27, 2021 Agenda Item: Introduce proposed Amendment(s) to Town Council of the Rules of Procedures, Section 1.03.035 (a) and 1.03.035 (d). The current language for Section 1.03.035 (a) reads, "The Town Secretary is responsible for the preparation of the agenda and providing a draft to the Town Council of the topics to be considered each Thursday preceding the Tuesday Council Meeting." The current language for Section 1.03.035 (d) reads, "An item for Town Council consideration shall be submitted to the Town Secretary's Office in writing not later than 5 pm on the Monday prior to the 72-hour publication of the meeting agenda." Strategic Link: Administrative & Financial Services: Provide strong internal and external marketing and communications. Background and Explanation: Section 1.03.035 (a) will require amending to: The Town Secretary is responsible for the preparation of the agenda and providing a draft agenda to be emailed to Town Council at a minimum of one week prior to the Regular Town Council Meetings. Section 1.03.035 (d) will require amending to: An item for Town Council consideration shall be submitted (utilizing PrimeGov) to the Town Secretary's Office by 12 noon the preceding Monday. Financial Considerations: Not applicable. Page 1 of 2 Legal Review: If proposed Amendment(s) are agreed upon; an Ordinance will be required for same. Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff requests Town Council provide input of the proposed Amendment(s) being introduced. Amendment(s) will be brought back to Council for approval by Ordinance. Attachments: Not applicable. Page 2 of 2 Future Agenda Items April 27, 2021 Future Agenda Items will be divided into 3 Categories: 1) Current listing of all future agenda items requested by Council that have not been addressed. 2) Items that have been researched and are scheduled for a report to Council (first 2-4 weeks). 3) Items that Council has requested additional research/staff time on and will be brought back for public discussion at a Council Meeting. Council will be provided updates on items that require significant time. The Future Agenda Items list will be placed on the Council Meeting agenda to provide a status on all items. The current list will be reviewed and as items are completed; said items will be removed. The Council may add items as needed to the list. 1) Receive an update regarding Entryway Monumentation/Landscaping for the Town of Trophy Club. As reported at the September 8t" Council Meeting; bids came in over budget. The Council rejected the bids. Will look at possibly re -bidding the item in Late Fall/Early Winter of FY21. Waiting on Final Bids for 2 Statues 2) Develop a strategic plan for the Town addressing future goals with budgetary needs for each department. Said item was re-emphasized at the February Council Retreat and will be budgeted in FY21. Meeting to be scheduled with Town Council 1st Week in June 3) Town Staff to draft and implement a citizen's survey. Due to budget constraints, item was eliminated from the budget and delayed until FY21. 607 Surveys have been submitted as of 4/21/21 4) Freese & Nichols Hazardous Mitigation Plan with MUD. After contacting Freese and Nichols (F&N) and the Council ofGovernments (COG), they indicated that it is not a requirement, nor any enforcement is imposed if the update is not done after 5 years (update due in 2020). The COG recommended that the Town NOT update our plan but rather contact Denton County and be part of their update which would be significantly less expensive, and possibly at no cost. In addition, the COG stated that FEMA looks more favorably when an update is part of a regional approach, not a single city. We are contacting Denton County to join them and will also inform the MUD of our plans. Completed by F&N and submitted to TCEQ on 3/26/21 Revised by LVacek April, 2021 TOWN OF TROPHY CLUB I Trophy Wood Drive, Trophy CIub, TX 76262 1 682.237.2900 1 info@trophydub.org I trophycIub.org To: Mayor and Town Council From: Wade Carroll, Assistant Town Manager CC: Steve Norwood, Town Manager Leticia Vacek, Town Secretary Re: Trophy Park Road Asphalt Overlay April 27, 2021 Agenda Item: Take appropriate action on the repair of Trophy Park Road to be completed by Reynolds Asphalt through the approved ILA with the City of Grand Prairie, not to exceed $76,307. Strategic Link: Infrastructure and Development: Maintain and Improve all Town Infrastructure. Background and Explanation: On April 13, 2021 staff brought this item forward which was tabled until staff could find a better funding source. The Trophy Park fund's unassigned fund balance was $52,582 as of September 30, 2020. The park only generates approximately $40,000 per year in profit and therefore the Trophy Park Fund cannot afford the expense. Bond funds were also evaluated and although the use is allowable the Trophy Park agreement with the Corps of Engineers is due for renewal in 2025 therefore staff is reluctant to utilize bond funds until the agreement with the Corps is brought before council for renewal. Staff is recommending removing the item from its tabled status and removing it from the agenda. Financial Considerations: Amount for repair not to exceed $76,307. Funding for this activity is not available in unassigned fund balance within Trophy Park Fund Legal Review: Not applicable Board/Commission/ or Committee Recommendation: Not applicable Page 1 of 2 Staff Recommendation: Staff recommends removing the Trophy Club Park Asphalt Overlay item from its tabled status and removing the item from the agenda. Attachments: • None Town Council Approval: Mayor Alicia Fleury or designee Page 2 of 2