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Town Council Minutes 08/23/22Town of Trophy Club Town Council Regular Session Minutes Tuesday, August 23, 2022; 7PM The Trophy Club Town Council met in a Regular Meeting on Tuesday, August 23, 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 Tern, Place 1 Jeff Beach Council Member, Place 2 Dennis Sheridan Council Member, Place 3 Karl Monger Council Member, Place 4 (participated via video conference) 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 Bobby Tillman Police Captain Jon Ciarletta Police Lieutenant Tony Jaramillo Director of Parks and Recreation Jill Lind Marketing and Communications Director Anita Otterson Acting Town Secretary 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 except for Council Member Monger who participated remotely. INVOCATION led by Pastor Barry Clingan, The Church of Trophy Lakes PLEDGES led by Mayor Pro Tern Lamont Pledge of Allegiance to the American Flag. Pledge of Allegiance to the Texas Flag. PUBLIC COMMENTS Kathy Palmer, 40 Cypress Court, discussed the neighborhood of Hogans Glen, and the public waterways and ponds are continuing to be impacted, eroded, and flooded by water, dirt, and silt. Ms. Palmer stated that the situation has severely impacted the property values of the homes in her neighborhood. She says it is heartbreaking to see the loss of wildlife due to water conditions and the continued increase of mosquitos. Ms. Palmer stated that no one can argue that the construction of PD30 caused water to come across town -owned roads and into our ponds causing our neighborhood to suffer tremendously and have costly damage. Ms. Palmer is asking the town to use public dollars to restore the neighborhood of Hogans Glen back to its original state prior to construction. The residents of Hogans Glen are willing to work hand in hand with the town to bring this to a close as they have endured enough. She thanked the council for their time, and she looks forward to hearing from them as to the next steps to bring this to a happy ending. David Darling, 124 Park Lane, President of the Lakes of Trophy Club HOA discussed the rebuilding of the perimeter wall along Trophy Club Dr., Village Trail, and Durango. Mr. Darling explained the highs and lows of the construction process, which in turn opened his eyes to the daily struggles the town faces. Mr. Darling attended the meeting to express his gratitude on behalf of the Lakes of Trophy Club to the town and Wade and Town Council for all their help and for the job that is done every day. Mr. Darling also suggested to other residents to volunteer and get involved to gain some perspective on what goes into running our town. Mr. Darling again expressed his gratitude to Council and Wade from the HOA Board. ANNOUNCEMENTS AND REPORTS 1. American Heart Association Mission Lifeline: Gold Plus Award awarded to the Trophy Club Fire Department (J. Wise). Chief Wise recognized our fire department personnel for their achievements in the design and management of the new ambulance project started by Chief Taylor and Chief Cochran. They assembled a team of firefighters to design and manage this project over the past year. Our new ambulance has been delivered and we are mission ready. The workspace in the new ambulance, 2021 Ford F550 XLT, is high quality and well -lit. We have full access to the patient and it was built with paramedic safety in mind. The technology includes a PowerPro XT Stretcher (ability to lift 700 Ibs.), a chest compression device, automatic chains for severe weather, improved AC unit. Chief Wise would like to recognize the design team; Chief Taylor and Chief Cochran for getting the project started, project managers - Firefighters Steve Rusk, Eric Sampson, Captain Shane Beck, Captain Hurd, and Tracy Knierim. On behalf of the Trophy Club Fire Department, we would like to express our gratitude for the tremendous support from our Mayor and Council, administrative staff, and the entire community with this project. That level of support demonstrates the commitment to public safety and the health and well-being of our citizens. Chief Wise introduced Dr. Rob Hancock, Medical Director for the Trophy Club Fire Department, and a long-time resident. Dr. Hancock stated that the Mission Lifeline Award was created to recognize EMS Agencies who perform at a very high level in the treatment of ST-Elevation Myocardial Infarction, A heart attack with a completely blocked coronary artery. The goal is to recognize it and get the patient to a facility where there is a Cardiac Catheterization lab, as quickly as possible. Criteria include: 1. Quickly recognize someone that is at risk for this condition. 2. Perform a 12-Lead EKG within 10 minutes. 3. Communicate the condition to the facility. The national standard for EMS and this award is within 90 minutes from the first patient contact by EMS to deploying the device to open the blood vessel. Currently, our times tend to be well under 30 minutes. We have had as low as 25 minutes. Our EMS has excelled at this procedure and the award is the highest level you can receive. Captain Shane Beck reiterated that the Council's foresight, budget considerations, and wisdom allowed us to bring this into our community and it's greatly appreciated. Mayor Fleury started a round of applause. She also agreed that our EMS team are overachievers. Mayor Fleury went on to congratulate and thank our fire fighters and Dr. Hancock for being with us. We appreciate everything you do and keeping our community safe. The Mission Lifeline Award was then presented to the fire department. 2. Update on the Indian Creek Project (M. Cox). Community Development Director Matt Cox stated that on February 28, 2022, we signed a contract with Canary and started the Indian Creek Project. They had a completion date of August 7th and a final acceptance date of September 6th. Since then, they have requested two extensions. The first was August 261h and second was September 23rd. The project is about 90% complete at this point. What's lacking is the headwall between 20 and 22 Fair Green, which empties into the golf course. They have two more pours, weather permitting. One issue is obtaining materials due to concrete shortages. After the last two pours, they have the gabions, which are large rocks placed at the bottom to help dissipate the water as it goes on the golf course. The remaining work includes a few mailboxes and sod, fence work, sprinklers, and landscaping for four homes. Canary was also delayed due to Oncor pushing the starting location to another point in the project. Unfortunately, 20 and 22 Fair Green had a long, drawn -out process due to Oncor not allowing Canary to start at that location and complete the project on time. Council Member Flynn requested more information regarding the Oncor situation and asked if there was anything learned from that situation? Mr. Cox explained that the emails with Oncor started November last year to inform Oncor about this project and its start date of February. One issue was Oncor marked a power line four feet off from where it should have been. Canary was relying on Oncor so that they would know where to work. Council Member Flynn stated that it was hard to get answers from Oncor. Philip Varughese with Teague, Nall and Perkins, Inc., added that they begin coordinating with franchise utilities beginning in the design phase of a project. The first email to Oncor was in March 2021 but TNP did not receive a response. They called for a meeting and met on site. Once Oncor marked the lines and advised that the lines were de -energized, they started digging and discovered the lines were still hot. Oncor created delay after delay. Town Manager Carroll updated council on his calls with Oncor. Oncor explained that with the new neighborhoods going in and the number of people moving into this area, which is unprecedented, they don't have enough staff to get the work done. 3. "Patriot Day Remembrance" ceremony on September 11, 2022 (J. Wise). Chief Wise informed us that Patriot Day is approaching, and the Town of Trophy Club is holding a ceremony to honor the victims and remember the heroes of 9/11 at the Trophy Club Fire Station, September 11, 2022. He invited the entire community to attend the ceremony, starting at 8:30 am, at 295 Trophy Club Drive. Director Lind has posted the information on our website and social media. He stated that September 11th falls on a Sunday this year and it may create some challenges for some, however, we felt that honoring the victims of 9/11 at the time of the event and lowering our flags to half staff is appropriate and respectful. Joining us for the ceremony will be the Trophy Club Police Department, Roanoke Fire Department, Honor Guard and personnel, Westlake Fire Department, Pastor Joel Quile, our administrative staff, members of council, and Mayor Fleury. Everyone is welcome. If you have questions or have special needs, please contact the fire department and we will help you. 4. Announcement of our Volunteer Reception (W. Carroll). Town Manager Wade Carroll stated that on September 151h from 6:00 — 9:00 pm, we will have our Volunteer Reception at the Holiday Inn, here in Trophy Club. This year there will be a golf theme, we are providing food for our volunteers that serve with us every day in Trophy Club. It will be the type of foods you see at the 19th hole, like burgers, chicken sandwiches and fries. We will also honor those guests, our volunteers, with some fun and fellowship. Invitations go out this week to our Boards and Commissions Members. Council has already received their invitations. Anyone from the TCEVA and our Parks volunteers as well will be receiving their invitations. If you are a volunteer and did not receive an invitation by Friday, please call Wade Carroll to get added to the list. We don't want to miss any of our volunteers. Our volunteers do great work for us on a day-to-day basis and they save this town a lot of money with all the man hours that go into volunteer work. Without them, we would be spending $400,000 - $500,000 more dollars a year and having to hire more people to do all this work. Volunteers are a blessing for us in Trophy Club and we want to show them that. So again, our Volunteer Reception is September 15th, 6:00 — 9:00 pm at the Holiday Inn in Trophy Club. PROCLAMATIONS 5. Issue Proclamation 2022-12 proclaiming September 11, 2022, as "Patriot Day" in Trophy Club (Mayor Fleury). Mayor Fleury read the Proclamation. Mayor Fleury made a motion to accept Proclamation 2022-12. The motion was seconded by Council Member Beach. The motion passed unanimously. Mayor Fleury presented the Proclamation to Chief Jason Wise of the Trophy Club Fire Department. Mayor Fleury stated that she knows it's been a while since this happened and a lot of our kids don't know or remember it but she thinks it's important to remember what happened that day and everything afterward. She encouraged everyone to join us on 9/11 at the fire station to honor all the victims of 9/11. CONSENT AGENDA 6. Consider and take appropriate action regarding an Amendment to the Interlocal Agreement between the Town and Northwest Independent School District for School Resource Officer services for Fiscal Year 2022- 2023; and authorizing the mayor or her designee to execute all necessary documents (P. Arata). 7. Consider and take appropriate action regarding a Resolution of the Town Council supporting the development of a Vision Zero -based strategy for safer streets in Trophy Club (W. Carroll). 8. Consider and take appropriate action regarding a Resolution of the Town Council authorizing amendments to financial institution documents naming authorized Town representatives on Texas Local Government Investment Pools (TexPool) signature accounts; and providing an effective date (W. Carroll). 9. Consider and take appropriate action approving Agreements with Lawns of Dallas and Yellowstone Landscape for mowing services (T. Jaramillo). 10. Consider and take appropriate action regarding the Town Council Meeting Minutes dated July 26, 2022 (A. Otterson). Mayor Pro Tern Lamont moved to approve the Consent Agenda consisting of Items 6, 7, 8, 9, and 10. Council Member Oldham seconded the motion. The motion carried unanimously. PUBLIC HEARING(S) 11. Conduct a Public Hearing regarding the proposed Fiscal Year 2022-2023 Budget pursuant to Section 9.05 of the Town Charter and Local Government Code 102.006 (W. Carroll). Town Manager Carroll discussed the Fiscal Year 2022-2023 budget. He highlighted the main areas of the budget and stated that this is the first time in Trophy Club history that we have been able to present to council a fully balanced budget where our revenues equal our expenditures, including our capital replacement plan for vehicles and large capital items. In the past, we have had to go into the general fund for those items, and then we rebuilt the general fund each additional year. This is our first step to a long-standing budget as we realize we are getting closer to build out. We have about 90 homesites left and about 9 acres of commercial property left so the amount of tax dollars that we have coming in is beginning to plateau. We felt like it was very important that this year we present a balanced budget that we can sustain into the future. We are very proud of that fact and that we can also provide an increase in service levels by providing one new firefighter and one new police officer that's within this budget. The fire Ell department has applied for the Safer Grant which will allow us to hire 3 firefighters paid for by the grant itself for a three-year period, 100%. That covers 100% of their gear, salary, benefits, and everything they would need to be on the job for a year, minus food, of course. They pay for the food themselves. At the end of the three-year period, we will be responsible for the salaries. Rather than wait and be hit for three personnel at the end of the three years we are adding one firefighter each year to the budget. At the end of the three years, we are only adding one firefighter to the budget instead of using the entire 3% increase we are allowed from new revenue of the tax dollars. This is a plan to help sustain us over the next 3-5 years. We have also been able to include a 5% performance -based increase for employees. Depending on their evaluation, they can get up to a 5% increase in their salary. We feel it's important to let our employees know that they are important, that they are paid appropriately, and with the inflation going on around us, we felt it was the least we could do. We wanted to make sure we were taking care of our staff. Lastly, with the urging of council, we have decreased the tax rate as well. We have provided all this and decreased the tax rate by 1 cent in tax rate, which will bring our tax rate to $0.435 per hundred -dollar valuation. For more information about our budget, we have set up a brand-new transparency page for the budget, thank you Jill Lind. If you go to our main page, trophyclub.org, at the top of the page there are two different banners that will take you to our budget details or you can see the budget planning and state law questions that govern our budget and how the budget process works for towns and cities. We are very proud to have that out there this year so thank you to Mike Erwin, who just left us, he did a great job of putting this budget together. This is the budget as it has been presented to council. If council or the public need information or have questions, then we are more than willing to answer any questions they may have. Mayor Fleury declared the Public Hearing open at 7:41 pm. There were no other speakers signed up for the Public Hearing. Mayor Fleury closed the Public Hearing at 7:42 pm. INDIVIDUAL ITEMS 12. Take appropriate action to approve Ordinance 2022-25 adopting the Town of Trophy Club Fiscal Year 2022- 2023 Budget (W. Carroll). Mayor Pro Tern Lamont moved to approve Ordinance 2022-25 adopting the Town of Trophy Club Fiscal Year 2022- 2023 Budget beginning October 1, 2022 and ending September 30, 2023. Council Member Flynn seconded the motion. Council Member Sheridan thanked Wade and staff for the transparency of the budget and asked for the number of social media hits the town has received regarding the budget. Mayor Fleury requested a roll call vote. A Roll Call Vote was taken: Councilman Flynn — aye, Councilwoman Oldham — aye, Councilman Monger —Yes, Mayor Fleury— aye, Mayor Pro Tern Lamont— aye, Councilman Beach — aye, Councilman Sheridan — aye. The motion passed unanimously. 13. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1(Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date (W. Carroll). Town Manager Carroll discussed the Public Improvement District Assessment Plan. The service and assessment plan for FY23, outlines the annual payment each property type covers for water, sewer, the implementation of roads, everything in the PID, that was established when everything originally built. Citizens have an option; they M can pay an annual assessment fee for that infrastructure, or they can opt to make a one-time payment. This PID assessment outlines what type of property you own by square footage and what that PID assessment would be. We are asking Council for the approval of the PID assessment as before you in the packet. Mayor Pro Tern Lamont moved to approve Ordinance 2022-26 for accepting and approving an Update of the Service and Assessment Plan and an Updated Assessment Roll for the Town of Trophy Club Public Improvement District No. 1 (Authorized Improvements Assessment); making and adopting findings; accepting and approving the annual Service Plan Update and Updated Assessment Roll; and providing an effective date. Council Member Oldham seconded the motion. The motion carried unanimously. 14. Discuss and take appropriate action regarding an Ordinance approving the Atmos Mid -Tex 2022 settlement (W. Carroll). Town Manager Carroll discussed the Atmos Mid -Tex 2022 settlement. Atmos is considered a monopoly by the state of Texas. In order to afford them to increase their rates, state law requires them to track their expenditures for a year then bring that forward to the cities they serve as a possible rate adjustment for the following year. In 2021, Atmos tracked their rates for that calendar year and brought that forward to cities with a possible $141,000,000 increase across all the cities they provide. The cities involved hired an attorney who represents all the cities to negotiate that settlement and it was negotiated down to $115,000,000 increase. That increase is in the ordinance that sits before you. That $115,000,000 across the entirety of the areas that Atmos serves in the state of Texas represents about a $4.60 increase which is about a 6.7% increase to the current rates. Council Member Flynn asked how often they can increase rates. Town Manager Carroll explained that they must track it for a year so it would be two years before they could do this again. Council Member Beach asked about the consequences of denying the ordinance. Town Attorney Dodd explained that it would go back to the public utility commission, or we could be on our own if the other cities accept it. It would remove us from the settlement Atmos would be back at their high number and starting over with the process. Mayor Pro Tern Lamont moved to approve Ordinance 2022-27 approving the Atmos Mid -Tex 2022 settlement. Councilman Beach seconded the motion. The motion carried unanimously. 15. Review Future Agenda Items List (W. Carroll). Town Manager Carroll discussed the future agenda items list. The public art committee is scheduled to meet with Halff and Associates on September 8th. We are going to get further input from the Public Arts Committee for the design and then review some of the design ideas that Halff is bringing to the table. Tomorrow, Town Manager Carroll is meeting with the hoteliers to discuss how to increase local business traffic into our local businesses, using HOT funds and EDC funds. We want to see how we can help them as an entity and exchange ideas on what works best for everyone. The next meeting will be with our local restaurants and other types of businesses to have the same discussion. This is an effort to follow up with Mayor Fleury's idea of using HOT funds and EDC funds to help drive up some local business here in Trophy Club and help support these restaurants, especially during the lunchtime hour. We are not seeing the lunchtime traffic we would like to see and it's hurting our local restaurants a little bit. So please visit your local restaurants for lunch. TNP has been given the okay to go ahead and begin the update on the 2018 traffic study and to add the new locations, the new intersections that we talked about last week. We are hoping to get that back within 3-4 weeks and we are still on track with that project. Town Manager Carroll gave Council the opportunity to add any new items to the Future Agenda Items List. Council Member Monger requested that we add a discussion regarding the water issues in Hogans Glen. We should add to the council agenda to talk about what we can and cannot do, in a public forum. Council Member Sheridan seconded the agenda item. EXECUTIVE SESSION 16. Pursuant to the following designated section of the Texas Government 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 — Deliberate possible Interlocal Agreement with multiple governmental entities to provide services to Trophy Club Citizens. c. Section 551.074 Personnel Matters under Subsection (1) to discuss or deliberate the appointment, evaluation, and duties of a public officer or employee: Mayor Fleury announced that Council was going into executive session at 7:51 pm. RECONVENE INTO REGULAR SESSION 17. Consider and take appropriate action regarding Executive Session items (Mayor Fleury). Council reconvened into regular session at 8:53 pm. Mayor Pro Tern Lamont made a motion for the attorney, regarding item 16.b, to proceed as instructed as discussed in executive session. The motion was seconded by Councilman Beach. The motion passed unanimously. ADJOURN Mayor Fleury adjourned the meeting at 8:54 pm. 2::L Anita Otterson, T wn Secretary 7P