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Town Council Minutes 06/28/22Town of Trophy Club Town Council Regular Session Minutes Tuesday, June 28, 2022; 7PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, June 28, 2022. 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 Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3 Karl Monger. Council Member, Place 4 LuAnne Oldham Council Member, Place 5 Steve Flynn Council Member, Place 6 STAFF PRESENT: Wade Carroll Town Manager David Dodd Town Attorney Jason Wise Fire Chief Tony Jaramillo Director of Parks and Recreation Jill Lind Marketing and Communications Director Anita Otterson Acting Town Secretary Jon Ciarletta Police Lieutenant Mike Erwin Finance Director Matt Cox Community Development Director CALL TO ORDER AND ANNOUNCE A QUORUM Mayor Fleury called the meeting to order at 7:00 PM and noted a quorum with all Council Members present. INVOCATION led by Town. Manager Wade -Carroll PLEDGES led by Council Member Flynn Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. JANNOUNCEMENTS AND REPORTS 1. Honor TCEVA President Suzanne Mills for 4 years of service to the Town of Trophy Club Police and Fire Departments. (P. Arata and J. Wise) . Lt. Ciarletta and Chief Wise presented a plaque to Suzanne Mills that was accepted by Gretchen Wolffer. Mayor Fleury thanked Suzanne for supporting the Town at every event, and responding to a lot of the calls that our. first responders were on.. She also thanked Gretchen for taking over in the role of President of TCEVA. The Mayor stated that the program would not be what it is today without Suzanne. 2. Badge Pinning Ceremony for newly hired Fire Chief Jason Wise (W. Carroll) Town Manager Wade Carroll stated that the badge pinning process is a very important process for the Fire Department and one usually picks someone special to them to pin their badge on them. Chief Wise has 30 years of 1 experience: Acting Town Secretary Anita Otterson issued the Oath of Office to Chief Wise and his father, Sam Wise pinned his badge. 3. Update on July 4" festivities (T. Jaramillo). Parks and Recreation Director Tony Jaramillo gave an update on the 0 of July events: He said that we had 250 participants signed up for the 5K race. The parade has 36 participants signed up. The evening celebration will begin at 6 PM. Different from last year - Food booths will open and the band will play after the fireworks to help disburse the crowd slower on the way out in hopes to help traffic flow. We will have.more inflatables this year to help with the long lines that we saw in the past. Fourteen food vendors have signed up. We received about $14,500 in sponsorships this year and Mr. Jaramillo thanked each sponsor. CM Sheridan asked what time parade participants should arrive and Mr. Jaramillo said they will begin lining up at 8 am. The Mayor stated that you can still sign up if you have a float and also you can still sign up to run in the 5K. CM Oldham thanked TCPRVA, Young Men's Service League and Boy Scouts and BNHS Cheerleaders that showed up to help distribute over 15,000 flags. Mr. Jaramillo also thanked Stacey Bauer and TCPRVA for all their help. PROCLAMATIONS 4. Issuance of Proclamation 2022-10 proclaiming July 2022 as Parks and Recreation Month in the Town of Trophy Club; and recognizing Parks and Rec staff for their contributions to successful programs and events in Trophy Club (Mayor Fleury, T. Jaramillo) Mayor Fleury read the Proclamation. Mayor Fleury made a motion to accept Proclamation 2022-10. The motion was seconded by.CM Monger. The motion passed unanimously. INDIVIDUAL ITEMS 8. Consider and take appropriate action approving Resolution 2022-07 appointing a Board Member to serve on the Denco 9-1-1 Board (W. Carroll) Item #8 was moved up to allow Mr. Jim Carter to speak regarding the appointment of the Denco 9-1-1 Board Member position. Mr. Carroll introduced Mr. Carter, who was the Town of Trophy Club's first Mayor. Mr. Carter thanked all the Council for their service. He explained to council some of the things that Denco 9-1-1 has accomplished over the past years; Denco 9-1-1 pushed to pass 911 availability in hotels, texting to 911 and tracking location of mobile phone calls to 911, especially when in large buildings and also requiring plans of buildings to be on file so first responders, can identify specific areas within buildings. Mayor Fleury thanked Mr. Carter for his service. Mayor Pro Tern Lamont made a motion to appove Resolution 2022- 07 appointing Jim Carter to serve on the Board of Denco 9-1-1. The motion was seconded by Council Member Sheridan. The motion passed unanimously. EXECUTIVE SESSION 11. Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open meetings Act), the Town Council will recess into executive session to discuss the following: a. Section 551.087 Economic Development — Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b. Section 551.071 Attorney -Client privilege 1. Deliberate possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. 2. Update on Norwood vs Trophy Club C. Section ,551.074 Personnel Matters — deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee; 1. Town Secretary Mayor Fleury announced that Council was going into executive session at 7:34 PM. 2 RECONVENE INTO REGULAR SESSION Mayor Fleury reconvened the meeting into Regular Session at 7:54 PM. 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. Presentations are limited to matters over which the Council has authority. Speakers have up to four minutes or the time limit determined by the Presiding Officer. Each speaker must have submitted their request to speak by completing the Speaker's Form or they may email mayorandcouncil@trophyclub.org. CONSENT AGENDA 5. Consider and take appropriate action to approve Resolution 2022-06 regarding the award of the Depository Services contract, and authorizing the Mayor or her designee to execute all necessary documents (M.. Erwin). 6. Consider -and take appropriate action to approve the Town Council Meeting Minutes of June 14, 2022 (A. Otterson). Mayor Pro Tern Lamont made a motion to approve Consent Agenda items 5 and 6, noting the version of item 5 that Was distributed by email on June 28, 2022. The motion was seconded by Council Member Monger. The motion passed unanimously. INDIVIDUAL ITEMS 7. Fiber Project update from One Source and Hunt Communications (W. Carroll). Mayor Fleury thanked the members present from One Source and Hunt Communications for their patience as we reorganized several items on the agenda. Mr. Carroll introduced Brian Davis from One Source, the company doing the fiber project within Town. Mr. Davis brought his team with him and wanted to hold a Q&A session to update everyone on the progress of the project. He noted that Phase 1 is complete and customers are already starting to convert their internet service to One Source. Phase 2 should be complete and ready for customers next week. Phase 3 should be complete in the next 30-45 days. Phase 4 will be complete 30-45 days after Phase 3 is complete and so on for additional phases. The first item that he addressed was the restoration of landscaping.. He said that they restore all landscaping one time at the end of the phase. He says he realizes that there is frustration from the people at the beginning of the phase that must wait until the phase is complete, but it is best to wait to do all the repairs at once. . Mayor Fleury noted that all the information regarding the project is on the Town website. She asked if this would include repairs to utility lines that had been hit. Mr. Davis said Yes. Council Member Flynn asked for confirmation that since Phase 1 was complete that landscape restoration has begun in that phase. Mr. Davis confirmed that was correct. Mayor Pro Tern Lamont asked if repairs would be made to driveway and mailbox slabs. Mr. Davis introduced Tim Sanchez, Project Manager with Hunt Communications. He said Yes, they will restore everything to as close to what it was prior to the project. He stated that sometimes it is hard to match grass and sometimes it's hard to get all types of grass this time of year. He stated that they try to stay away from mailboxes because they tend to lean if they bore underneath them, but the more they stay away from mailboxes, the more they get into water lines. They try to stay between the meter box and the home so if they do hit a water line they are only affecting one home. If they are boring between the meter box and the main and they hit a line it would shut down everyone. So they try to find that happy medium before they dig a hole. 3 Mayor Fleury stated that she had a question from a resident asking if they had to let the crews in their yard. Since Hunt is working in the utility easement, Yes they had the right to dig in all yards. Mayor Fleury also asked if the lines that have been hit was due to the utilities -being mismarked. Mr. Sanchez said water lines are hard to locate — some of the pipes are PEX, PVC, -and some are copper. Copper is easy tolocate because a small voltage can be detected. He also stated that sometimes pipes coming from the house to the meter are not always as straight as you would think they were. He said they hit a water main last week. They met with Alan at the MUD, and the main was repaired. Now they are digging 3 feet from markings. Texas 811 law requires 2 feet on each side of a location, but they have decided to go 3 feet. MPT Lamont asked what is the danger of a mailbox slab or driveway sinking after boring underneath. Mr. Sanchez. gave an example of a driveway that they bored underneath and the slab was raised. He was able to determine that the driveway was level on Google Earth and said that they.would be financially responsible for fixing that driveway. He said that anything that they mess up, they will fix. Mr. Davis stated that they are a long-term partner with Trophy Club and they will fix anything that gets disturbed. Council Member Sheridan has -neighbors concerned about their trees; he asked how far off the curb and how deep. is the bore? Mr. Sanchez said the typical bore is between 30 and 36 inches unless there is a water main. If there is a main they go 2 feet below. The shallowest that they would go is 24 inches. CM Sheridan stated that after talking to Arborilogical Services, the typical tree roots will be within 24 inches of the surface so the boring should not permanently damage a tree. CM Monger stated that at first they were installing above -ground boxes and they had some complaints and concerns, and after we talked to them, they came back and installed the flat/level boxes and he wanted to thank Hunt and One Source for doing that. It was an expensive change to make, but they jumped on it and did it and they understood how important it was to the Town. Mayor Fleury also commented that since they are a utility there are certain things that they are allowed to do and they didn't have to change to the flat boxes. She also stated that the residents of Trophy Club have been asking for better service. Some are bringing up reviews of One Source and she wanted to make sure they knew that the reviews are from a previous owner and management team that she would like Mr. Davis to address this evening. Mr. Carroll noted that Mr. Davis and his team have done an excellent job and have answered every single phone call and email :inquiry from any of our staff and as far as he knows from any of our residents. Most of the complaints that he has seen online are often immediately after the boring unit leaves the site. He noted that the crews will use the sod that they had previously flipped over and they will put it back in place. The sod may be yellowed and it may not be even. This is just temporary and the final restoration will be completed at the end of the phase. Mr. Sanchez asked that when the grass is replaced please water it. He also stated that residents should run their sprinkler systems after the crews have passed their house and if they see a problem let Frank Granger (Hunt) know. He also said that if it is an immediate problem and they (Hunt) can't get there, please contact a sprinkler company to get it repaired. Take pictures of the problem and if they confirm that they were the cause of the damage they will rectify the bill. MPT Lamont asked them to address why they chose to install their lines in the front yard and not the backyard. Mr. Sanchez stated that the first job they did a couple of years ago they installed in the rear of the homes because they could capture four homes instead of two in front. It was very cost-effective. But, the homeowners didn't like them being in .their backyards. It was very troublesome because they were constantly in and out of back yards and there were numerous crews (8-12 here in Trophy Club). The crews would have to be in the backyard with the gate open and if you have dogs that created problems. So they changed to doing both sides of the street in the front yard. They also considered one side of the street in front yards, but then they would have to bore under the street and they would have to move the equipment further into front yards to get the correct angle to bore under the street. 11, Mr. Davis stated that rear easements are easier to use when they are working in a new development that isn't built out. Mayor Fleury asked about reviews for One Source. Mr. Davis said that One Source has been around for almost 30 years. It was started by Tri-County Electric. They started with One Source cable and copper plant with a little bit of fiber that paralleled their utility network. They decided to keep their core competency and focus on the electric business. So One Source was acquired with the intention of moving forward only with the phone service/isp service provider and wanting to expand on the fiber footprint and bring it to areas that didn't have it. So, One Source was acquired about 24 months ago and the reviews that we are seeing are not recent ones. They have been tracking their ratings for the past 12 months and they have about a 4.5 star rating for the past 12 months. Mayor Fleury said there were also comments from residents about the Town making money or getting monetary gain from this relationship. Mr. Carroll said that he met with Mr. Davis and Mr. Sanchez and .they said that there was a portion of our Town that doesn't have fiber and they would like to provide that service to the Town. They were offering 2 gig service at the time and we looked at what we had in town already. We had fiber on the north end of town, no fiber on the south end or east side. We know that there are a lot of residents that work from home and a lot of streaming going on so the demand was very high and we often have complaints of internet service going down. We get those phone calls even though we are not the internet provider. So, the thought of bringing in a fiber group was a great idea. As a utility provider, One Source came in with a plan to add fiber. They are working in a utility easement as a utility provider and the town has no way of stopping that. Mr. Davis has been a great partner. They changed up their plan at their cost, they changed the engineering at their cost and they're doing the restoration as they go and he is sure the finished product after restoration will be excellent. We did not invite them to come to Trophy Club. They saw us as an opportunity for improvement and for them to gain more customers. We don't get a portion of their fees, they didn't pay us to come into Trophy Club. Mayor Fleury said she hoped that residents take advantage of the service especially those where there is no competitor for the service. Mr. Carroll stated that One Source did a survey of our citizens and there was enough response that said that they wanted the service. MPT Lamont asked if fiber can be laid in Meadow Ridge which is a gated community? Mr. Davis asked if they could get back to Mr. Lamont when they had a chance to look at a map. They also confirmed that they were installing on Oak Hill, Oakmont, Palmetto and Avenue Twenty. He also confirmed that no lines from competitors were being removed. MPT Lamont asked how the fiber gets to the house and upstairs. Mr. Sanchez said that the location of the drop box is crucial. The ideal location is on the garage side of the house. There may be retaining walls on a lot that they have to go around to get to the garage side. The fiber drop line is buried at 6-10 inches depending on the soil. A crew member uses a blade shovel to dig a trench, if they have to go under a driveway or sidewalk they use a technique called water jetting. He uses %" PVC pipe and ties on to a water line and there's a little nozzle at the end of it and it jets through until it comes out at the other end. After it goes under the driveway/sidewalk, the fiber drop line is trenched in again, no pipe, at about 6" to 10" in depth all the way up to the garage. MPT Lamont asked how the service gets to the upstairs. Mr. Davis explained that they will install an ONT (Optical Network Terminals or the fiber box that is placed in your home). That box will give you the fiber internet connection into the house. 90% of the time the customer will get a Wi-Fi 6-enabled router from One Source. There is no inside wiring. Services will be brought into the router similar to how Spectrum gets service to your home through cable boxes. The Wi-Fi 6 router is the latest technology enabling Wi-Fi capabilities to multiple devices inside the house. If you provide your own router, which some people do because the One Source router is $10 per month, their router may not be as good as the router One Source will provide. One Source will not support or touch anybody else's router. They also can't "see" anything past your router. If you call in and say your service is slow, they will only be able to test up to their equipment or the ONT. To get upstairs, the router will be connected to the Cats system that is currently sending service upstairs. They do have the ability to install additional drops at an additional expense. MPT Lamont confirmed that this is just internet service, no TV service. 5 MPT Lamont asked what is the advantage to the homeowner and. what are costs compared to competitors? Mr. Davis said fiber optics is just the latest and greatest. If a homeowner has coax or a cable modem, those are your only options unless you have fiber. Fiber is the fastest delivery method; it delivers at the speed of light. It's the fastest and most secure network, which is its' biggest advantage. From a cost standpoint, it is highly competitive for the bandwidth that you get compared to other carriers. Compared to 200Mg that Spectrum provides for $80, One Source will provide 1000 Mg for $69. So you'll get much faster speed, and the speed is dedicated. MPT Lamont questioned if they were NOT going where fiber is currently. Mr. Davis said. that is their intention. Mayor Fleury said the whole point of this was to bring fiber to the rest of the community, to the areas that didn't have it. She also said that One Source was offering an overall competitive rate, this is not a promotional rate. Mr. Davis confirmed that they will not change their rates. Council Member Monger commented that his home was in. Phase 1 and he is already connected. He said the technician did a great job and asked the right questions. His signal more than quadrupled. He said he will be saving about $100 per month by changing other services. Mr. Davis said that you can now get local channels through streaming and 1 Gig is more -than enough to stream. Mayor Fleury said all of this information will be on our website. She thanked Mr. Davis and Mr. Sanchez for coming and answering everyone's questions. 9. Consider the FY23 proposed budget calendar for the Town and related discussion (M. Erwin). Finance Director Mike:Erwin gave an update on the budget process, the budget calendar and when we'll have public hearings. We'll have one more public hearing on the CCPD budget at the last meeting in July. We'll have a hearing on the budget after the first meeting in August and we'll also have a hearing on the tax rate at the first meeting in August' before you vote. We used to have two readings of the budget. before you could pass it, but the new state law states that council has to take action after the first hearing. It doesn't have to be approved, but we have approved on the first reading the last two years. A meeting has been scheduled for July 7th with the budget subcommittee. From there it will be determined how many more meetings are, needed, so the budget that is brought to Council at the first meeting in August will be a reflection of the direction the budget subcommittee has given to Mr. Carroll and Mr. Erwin. So, at the July 261h Council meeting, Council will accept the CCPD budget after a hearing, the EDC`budget will be presented and our Charter requires that we present a CIP to Council by August 1. With Council approval on those three items, Mr. Erwin is able to implement those into the proposed budget that Council will then see at the August 9th meeting. At that meeting, we'll have a presentation of the proposed budget and a hearing will be set for the next meeting in August. We'll talk about the not to exceed tax rate and have our calculations done by the county by that time and we'll set a hearing for that (tax rate) which is typically done in the first meeting in September. We will also have the PID items that we take care of in September. Council Member Flynn stated that in the past there have been joint meetings with Council and the MUD to discuss the Fire Department budget. Is that no longer the case? Mr. Carroll stated that in the last ILA with the MUD we were only required to have a joint meeting if either side requests it. If both sides are okay with the fire budget the way that it is presented then they will go with it. Mr. Carroll also wanted to thank Council for their hard work during the January retreat where they kicked off budget. Budget goals were given to us then and that has allowed us plenty of time to ensure that those goals are met. Council Member Oldham thanked Mr. Erwin for the transparency about when all the hearings will be. Council member Monger would like a presentation on Open Gov to allow citizens access to the budget. Mr. Carroll said that we are looking at ways to allow this because we have to pay for every single application that uses OpenGov. 6 We're trying to figure out a way to get that done. Mr. Erwin said that Open Gov hasn't lived up to what it said it could do. We're looking at other options to provide transparency. What we did last year and hope to do again this year is the morning after the proposed budget is presented, we will put together an Excel spreadsheet in table form that people can sort it and see detail and it will be placed on our website. It's not the best solution. Mr. Monger said as long as they can drill down and see details. He asked for a presentation on the excel spreadsheet and how to use it. MPT Lamont made a motion to accept the FY23 proposed budget calendar as presented in the council packet and by Mike Erwin at the podium. Motion was seconded by Council Member Oldham. Passed unanimously. 10. Review Future Agenda items (W. Carroll) Mr. Carroll said there has been no real change to the items on the list but now is the time to add items to the list. Mayor Fleury would like to add the feasibility of putting together a destination Trophy Club brochure, maybe utilize hot funds, include our hotels and eating establishments, to drive some lunch traffic, include promotions. She would like to get the information over to Hillwood. She would like the information to be driven by our hotels and restaurants —what discounts are they offering, what specials do they want to do, hotel corporate rates offered, what partnerships do our hotels want to do with our restaurants —stay here, eat here. Mayor Fleury announced that Council was going into Executive session at 8:52 EXECUTIVE SESSION 11. Pursuant to the following designated section of the Texas Governmental Code, Annotated, Chapter 551 (Texas Open meetings Act), the Town Council will recess into executive session to discuss the following: a. Section 551.087 Economic Development — Deliberate Economic Development Negotiations regarding prospective commercial projects within the Town of Trophy Club. b. Section 55.071 Attorney -Client privilege 1. Deliberate possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club citizens. 2. Update on Norwood vs Trophy Club c. Section 551.074 Personnel Matters — deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee; 1. Town Secretary RECONVENE INTO REGULAR SESSION 12. Consider and take appropriate action regarding executive session items (Mayor Fleury). Mayor Fleury reconvened the meeting into Regular Session at 9:47 PM. Mayor Pro Tem Lamont made a motion to accept the Employment Contract for Anita Otterson for the position of Town Secretary with amended changes to sections 12 and 17. The motion was seconded by Council Member