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Agenda Packet TC 04/23/2019
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(1=* 17=(!9 *;1 &(9; =#* D0*7-=()* H*22(!9 ? @ +,122A@ 2BYGOLN Z" +/" !"# $!%&'"54,"% !C/!/"&!0 "/D/%$0&C/"6/66& !"0 "3&6%$66"* 60/3"&0/56"46" 4'' /3"-,"0+/" /D46"G*/!".//0&!1"2%0 "KI#FHH=F97= Town CouncilPage 3 of 69Meeting Date: April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own CouncilPage 4 of 69Meeting Date: April 23, 2019 1 Trophy Wood Drive Town of Trophy Club Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2019-163-T1 Type:Status: Agenda ItemRegular Session File created:In control: 4/9/2019Town Council On agenda:Final action: 4/23/2019 Title: Receive Town Manager Class' update and provide input regarding the following (T. Class): *Early Voting *Volunteer Appreciation Reception Attachments: DateVer.Action ByActionResult Agenda Item No. 1: Receive Town Manager Class' update and provide input regarding the following (T. Class): *Early Voting *Volunteer Appreciation Reception Town CouncilPage 5 of 69Meeting Date: April 23, 2019 1 Trophy Wood Drive Town of Trophy Club Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2019-165-T1 Type:Status: CommunicationConsent Agenda File created:In control: 4/9/2019Town Council On agenda:Final action: 4/23/2019 Title: Consider and take appropriate action regarding the Town Council Regular Session Minutes dated April 9, 2019 (T. Class). Attachments: Draft TC Regular Session Minutes April 9, 2019.pdf DateVer.Action ByActionResult Agenda Item No. 2: Consider and take appropriate action regarding the Town Council Regular Session Minutes dated April 9, 2019 (T. Class). Town CouncilPage 6 of 69Meeting Date: April 23, 2019 TOWN OF TROPHY CLUB TOWN COUNCIL REGULAR SESSION MINUTES TUESDAY, APRIL 9, 2019, 7:00 P.M. LOCATION: 1 TROPHY WOOD DRIVE, TROPHY CLUB, TEXAS COUNCIL CHAMBERS The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, April 9, 2019. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Philip Shoffner Mayor Pro Tem, Place 6 Alicia L. Fleury Council Member, Place 1 Eric Jensen Council Member, Place 2 Greg Lamont Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: Tim Kurtz Council Member, Place 4 STAFF PRESENT: Tom Class Town Manager Mike Pastor Information Technology Manager David Dodd Town Attorney Lisa Payne Town Planner Holly Fimbres Town Secretary/RMO Jonathan Phillips Director of Administrative & Financial Services Patrick Arata Police Chief Tommy Uzee Director of Community Development Wade Carroll Fire Chief Steve Woodard Police Captain Tony Jaramillo Director of Parks and Recreation John Zagurski Finance Manager Jill Lind Communications&Marketing Manager Steve Zieverink Information Technology Specialist Mayor Sanders announced the date of Tuesday, April 9, 2019, called the Town Council to order and announced a quorum at 7:00 p.m. Additionally, he advised that Council Member Kurtz would not be attending the meeting due to a conflict of interest with one of the agenda items. The Invocation was offered by Reverend Edlen Cowley with Fellowship United Methodist Church. The Pledges to the American Flag and Texas Flag were led by Mayor Pro Tem Shoffner. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. J.J. Isherwood, 2 Greenbrook Court, stated that he was a combat veteran who retired after 20 years of military service in 2006. He and his family moved to Trophy Club because it was a wonderful neighborhood, close community, and was a safe place to live. Several years ago, he has had the opportunity to serve on the newly created Crime Control and Prevention District (CCPD) Board and it has been on honor to still be serving on it. It has been his absolute privilege to serve with exceptionally qualified individuals with some of whom have extensive law enforcement background, Patrick Arata and Tom Class were two such individuals. The Town was fortunate to have them and should be extremely grateful that they put their hands up for public service. He categorized the special agent in charge of the Federal Bureau of Investigation (FBI) Dallas field office and the Assistant Chief to Drug Enforcement Administration (DEA) aviation operations as awesome qualifications to have their hands in the Town’s law enforcement and operations. He has had the privilege of working with both individuals and they had his complete trust and confidence. Their diligent efforts have made his job easy on the CCPD Board and both have Town CouncilPage 7 of 69Meeting Date: April 23, 2019 served as faithful stewards of the Town. The quality of the Town’s officers, their confidence, equipment, and training has been a direct result of Police Chief Arata’s hard work and leadership in the community. Town Manager Class and Police Chief Arata have done the leg work to help make the community the safest and customer service orientated in the nation. Perhaps their only sin was having a zero tolerance towards corruption. His job as a triple seven pilot takes him away from home for extended periods of time and he see’s things all over the world. He was grateful for where he lived and rested easy knowing that these two individuals were on the job when he was away. He tended to stay away from the soap opera on social media but felt it was important to express his feelings and support towards two persons of great quality and absolute integrity. Stephanie Fuller, 2604 Morgan Lane, James Jackson, owner of CrossFit Trophy Club, and Jack Tucker, Student Council President at Carroll Senior High School, invited the Town of Trophy Club and Town Council to attend their second annual Stronger Than Cancer Fun Run/5k and/or CrossFit Workout on May 11, 2019. This event benefited Hudson Feldman and honored other children that had been victims of cancer. Hudson was diagnosed at the age of 2 years of age with Stage 4 cancer on November 9, 2018. Steve and Bonnie Feldman moved their family to Trophy Club in June 2016, just before welcoming Hudson and his twin sister Haylee to their family that September. He was a twin but he also had older twin siblings, Hannah and Hunter, who were in the second grade at Beck Elementary. Hudson was currently receiving several different types of chemotherapy at Cook Children’s in Fort Worth and will continue off and on for the next 50 weeks. All proceeds from this event would go to the Feldman family. Their goal was to be able to fundraise and receive enough sponsorship to cover the costs involved with the event. The Fun Run/5k would begin at 7:15 a.m. at Byron Nelson High School and the CrossFit Competition would begin at 9:00 a.m. at CrossFit Trophy Club. Council Member Fleury thanked Jack for being so involved in the community. Ross Eldred, 2819 Marrickville Drive, has been a resident since 2013. He came before the Town Council to engage and recommend the removal of Tom Class as Town Manager. He worked for him at his previous job. He cringed when Tom was selected as Town Manager. He could provide examples and felt that Mr. Class was the antithesis of a leader and manager. The following information was based on his personal observation and from discussions with individuals both inside and outside Trophy Club. Mr. Class only cared about himself, he was narcissistic in many ways, and insulated himself by often intimating and eliminating those who were not yes men. Mr. Class did not listen to opposing or critiquing viewpoints and refused to look objectively at any evidence contrary to his beliefs. Tom thrived off conflict that he has personally witnessed and often the chaos seen was manufactured. He has seen Mr. Class generate false statements and documents that simply were not true in an attempt to tear down those individuals who did not share his views. He did not feel that Tom picked people with qualifications but instead those with whom he could trust. He has seen Tom make decisions that he believed were poor and in the process built a culture based on fear. On paper Mr. Class looked impressive, presented well, and said the right things. As a resident, he has kept up with the conflicts that have been raised and he did not feel like the Town should resemble the federal government, but that was exactly what the Town was becoming. He has seen Tom replace good people with people he knew would follow him. He was concerned that now Mr. Class’ had his eyes set on the Town Council and once he owned the Town Council there would be no more checks or balances. Therefore, he implored and warned the Council to make the right decisions before Tom created more damage. A multitude of others could be brought in that have experienced Mr. Class; however many feared for their livelihoods if they spoke out about him, but he could no longer sit idly in a place that he called home. He believed that Mr. Class would have no issue with describing employees as being disgruntled but he was actually the common thread that causes a wake of destruction everywhere he has gone. Mr. Class no longer lives in Trophy Club; therefore he questioned the motivation that if Trophy Club was so great, then why did he leave. It would take a significant amount of time to make Trophy Club government transparent and a high functioning culture, even after his departure. Culture was the most important foundation in any organization and he has observed Mr. Class as being the antithesis of a productive culture. Repair could only begin with Mr. Class’ removal and he hoped that the damages were not too great. Trophy Club would not be better than when Tom found it, but instead would be far worse. He again implored the Town Council to terminate Mr. Class before it was too late. Danny Mayer, 2201 Prestwick Avenue, disagreed with Mayor Sanders regarding what was and was not a violation concerning a breach of confidentiality. The Mayor had the ability to submit a question to the Attorney General’s Office for an opinion and he asked that it be submitted regarding the emails. On March 28, 2019, the Town Town Council Minutes April 9, 2019 Page 2 of 14 Town CouncilPage 8 of 69Meeting Date: April 23, 2019 Manager sent an email to the Council and Town Attorney in which Mr. Class disclosed information that was in his opinion confidential, but emails were subject to Open Records. Therefore it appeared that Mr. Class violated his ethical responsibility. In that email, he made accusatory and demeaning remarks against Town Council Members. Again, on April 4, 2019, Mr. Class sent another email to the Council and others in which he again disseminated information that was confidential in his opinion and it appeared that once again Mr. Class violated his ethical responsibility. Ironically the second email was a request to be shielded because of an apparent zeal attempt to sever the relationship with Old Town Development (OTD). Mr. Class was in contact with the Texas Rangers and he did not notify members of the Council of the interaction with them. When asked in Executive Session, Mr. Class was forced to admit it. It was from his understanding, that the Texas Rangers looked at this and saw nothing. Mr. Class was now asking to be shielded and protected from the very people that employed him and supervised his activities. Mr. Class violated his ethical responsibilities, destroyed trust, and now attempted to hide behind the shield of law. What was equally or might be more troublesome involved the Town Manager and the information coming to light now regarding a hostile and toxic work environment in Trophy Club, which apparently was created by the Town Manager. Trophy Club may be a great place to live but apparently it was not a great place to work. Four employees were now coming forward with shocking stories of forged documents, conspiracy, policy violations, and the list goes on regarding the Town Manager. He was disappointed when the Mayor, in an attempt to protect the Town Manager, engaged a former employee on Facebook. The former employee made some observations on what happened while he was employed and the Mayor responded that it was time for him to move on. The Mayor went on to say that the former employee never contacted him regarding these allegations. The former employee listed three separate dates in which he sent emails to all the Council Members concerning these allegations. An Open Records Request has been submitted to determine whether the Mayor was correct that he had not been notified. The current atmosphere in Town Hall could not continue and the distrust between the Town Manager and the Town Council must end. This responsibility fell directly on the shoulders of the elected officials and to ignore this would simply be a malfeasance of their office. He suggested putting the Town Manager on administrative paid leave in order to find out what was going on and appoint a temporary Town Manager. It should be a person not presently or in the past had been a town employee or official. He believed that the actions of Mr. Class showed very clearly that he harbored a great deal of animosity toward the Town and certain elected officials. On a side note, he invited the former employee to attend the Council meeting, but he advised him that the Town Manager had warned him that he would be arrested for trespassing if he ever set foot in Town Hall. Since there were numerous allegations which now must be investigated, he was asking that the Council have every current Staff member and former Staff member who worked for Mr. Class be interviewed by a third party to obtain their opinion of the work environment and if they were aware of any false documents. The Town must show some leadership and the actions of Mr. Class were now in the public venue. It was no longer behind the closed doors in Executive Session. Should the Council fail to have an outside independent agency look at these alleged abuses, then they not only failed Town Staff but the Town as a whole. He felt that if the Town Manager was innocent, then he should welcome this investigation, but this would be unnecessary if the Town Manager simply resigned. Steve Flynn, 417 Ramsey Trail, addressed the Council as well as everyone watching. The last six to eight months have been disheartening, disgraceful, and disappointing. Negative social media posts kept occurring and at what point in time would it stop. Civility was a formal politeness and courtesy in behavior and speech; polite remarks used in formal conversation. The Town has lost civility and therefore he proposed to have the Council consider having a Trophy Club Civility Day. As a community, for 24 hours they would stay off social media and stop the back stabbing to show that they had the ability to be civil. This would send a positive message to their kids and neighbors. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Class' update and provide input regarding the following (T. Class): The 2019 Medal of Honor Motorcade Escort would be coming through Trophy Medal of Honor Escort – Club on April 10th as they make their way to the Medal of Honor host city, Gainesville, Texas for a parade that would take place on April 13th to recognize Veterans from both World War II and the Vietnam Wars. Members of the community were invited to line bridges over State Highway 114 with American flags, signs, and posters. EGGstravaganza – Would be held on Saturday, April 20th, between 9:00 a.m. and 10:00 a.m. He recognized Bara Church who has volunteered to help Staff place the 15,000 eggs, assist with crowd Town Council Minutes April 9, 2019 Page 3 of 14 Town CouncilPage 9 of 69Meeting Date: April 23, 2019 control, and help with Easter Bunny pictures. Early Voting – Would begin on April 22nd and run through April 30th for the upcoming May 4th General and Special Election. The closest early voting site for Denton County residents will be at Trophy Club Town Hall and the closest early voting site for Tarrant County residents will be at Southlake Town Hall. Council Member Fleury highly encouraged residents to attend the Medal of Honor Escort and bring their children to honor Veterans. Additionally, she encouraged everyone to get out there and vote. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2. Consider and take appropriate action regarding the Town Council Regular Session Minutes dated March 26, 2019 (T. Class). (Town Secretary Note: Approved as presented in the Town Council agenda packet) 3. Consider and take appropriate action regarding a Joint Election Agreement between the Town of Trophy Club and Tarrant County Elections for administration of the Town's May 4, 2019 General and Special Election (T. Class). 4. Consider and take appropriate action regarding the financial and variance report dated January 2019 (T. Class). Motion: Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Fleury, to approve the Consent Agenda Items 2 through 4. Motion carried unanimously 5-0-0. REGULARSESSION 5. Youth Programs Standards of Care A) Conduct a Public Hearing regarding an Ordinance renewing Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances (T. Class). Mayor Sanders opened the public hearing at 7:31 p.m. Director of Parks and Recreation Jaramillo stated that the purpose of this item was to renew the Town of Trophy Club’s 2019 Youth Programs Standards of Care. The strategic link was Nature & Beautification – Maintain Town assets, services, and codes of ordinances that preserve the natural beauty of the Town. The Youth Programs Standards of Care were intended to be minimum standards by which the Town Parks and Recreation Department would operate the Summer Adventure Camp program. The only proposed amendment to the ordinance was changing the “Recreation Coordinator” job title to “Recreation Specialist.” Staff recommended approval of the ordinance as presented. Mayor Sanders closed the public hearing at 7:32 p.m. Town Council Minutes April 9, 2019 Page 4 of 14 Town CouncilPage 10 of 69Meeting Date: April 23, 2019 B) Consider and take appropriate action regarding an Ordinance renewing Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances; and providing an effective date (T. Class). Motion: Motion made by Mayor Pro Tem Shoffner, seconded by Council Member Lamont, to approve Ordinance No. 2019- 11 as presented, renewing Section 1.08.001, Youth Programs Standards of Care, of Division 1, Generally, of Article 1.08, Parks and Recreation, of Chapter 1, General Provisions, of the Town of Trophy Club Code of Ordinances; and providing an effective date of April 9, 2019. Motion carried unanimously 5-0-0. 6. Discussion of items for Future Agendas to include agenda items for consideration on the April 23, 2019 Council agenda and items from the Town Council Future Agenda Items list (T. Class). This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. There were no items added to the April 23, 2019 Council agenda or to the Town Council Future Agenda Items list. Mayor Sanders made the following statement prior to the Council going into Executive Session. With the agreement of Council, we can choose to conduct our discussions and take action on any section on the agenda under the Executive Session section, except with personnel matters unless the employee that was being discussed elected to have that portion in Open Session. It was his recommendation that Council conduct Item 7 (A) in Open Session. Motion: Motion made by Council Member Fleury, seconded by Council Member Lamont, to move to consider item 7 (A) in Open Session. Council Member Fleury stated that she wanted to move this item to Open Session for the sake of transparency and productivity. She wanted a fully open and fair discussion on a hot issue that was at this point negatively impacting the Town. There was little decorum during Open Session and certainly no decorum behind closed doors. There has been a Council Member who has resigned and a Mayor who tries his best to maintain control. She felt that what was happening in the court of social media was bad and has gotten out of control. Instead of having conspiracy theories and conjecture being posted, she preferred to have the facts presented in Open Session. She stated that they were going to start recording Executive Session because the narrative appeared to change the next day. The vote was taken. Motion carried unanimously 5-0-0. Mayor Sanders opened Executive Session item number 7 (A), concerning current matters with OTD regarding Bread Winners and HG Sply Economic Development Agreements and possible amendments to or adopting new agreements. The partnership between the Town and OTD began in the 2014 when the Council approved Resolution 2014-17 in May 2014. This later became what was referred to as a 380 Agreement, the ability for the Council to direct part of its sales tax dollars to support some kind of development to help promote the Trophy Wood Business District. This also included the establishment of a Tax Increment Reinvestment Zone (TIRZ), which helps promote an economically thriving district that enhances and strengthens the Town's tax base, attracts new investment opportunities, and preserves existing development values through the use of available financial, marketing, land planning, and capital infrastructure development tools. Part of the agreement with OTD from the Town Council Minutes April 9, 2019 Page 5 of 14 Town CouncilPage 11 of 69Meeting Date: April 23, 2019 beginning was to share in the incremental taxes to help continue the Trophy Wood Business District. Over the period of time, there have been numerous changes made to the agreements. The funds from a portion of the sales tax dollars and incremental property tax were governed by two separate boards, the Economic Development Corporation (EDC) 4B and TIRZ No. 1. The agreements with OTD allow the Town to make monthly payments for a period of 20 years, which ultimately helps fund the two high quality restaurants with sales tax dollars and incremental property tax. Part of the current discussions deal with the aspects of two poorly written agreements that have certain clauses that may or may not be pertinent. The Council was trying to work through these conflicts to still have a successful outcome for the residents. Town Manager Class stated that “During October 2017, I learned from a Staff member that Bread Winners had been advertised for sale and I told Mayor Sanders. Over the next few months’ Staff responded to multiple inquiries from OTD Principals regarding specific terms of the agreement in the “event of a sale.” I brought this to the attention of Council, and as a result an action was taken to ensure OTD would continue to receive incentive payments regardless of their future interest in the restaurant. Now let me be clear. The action taken to revise the Developers Agreement was well within Council’s purview and authority. A little over two weeks ago on March 24th, I received an email from Mayor Pro Tem Shoffner who said he had been caught off guard with learning Bread Winners had been sold, and did not recall having been told so. This was important because of the implications for future incentive payments, and Mayor Pro Tem Shoffner asked to speak to me about it. Having never been told of the sale myself, I asked our Administrative and Financial Services Director to reach out to Chris Gordon to confirm the sale, and additional Staff members to conduct a comprehensive search of all Town records to determine if in fact the Town, EDC, or TIRZ Board had been notified. Chris Gordon later confirmed the restaurant was sold, and our search identified no records indicating the Town, EDC, or TIRZ Board had been notified. Our search also revealed two additional issues of concern which I brought to Council’s attention: 1.Section 4.1 (d) of the Agreement specifically mandated OTD’s notification of the Town, EDC, and TIRZ Board in the event of a sale, and because there was no notification, and based upon the legal opinion of our Town Attorney, the Agreement was in breach and the Town was no longer obligated to pay out the remaining $700k + incentives. 2.An email between a current Council Member and OTD Principal was inadvertently discovered which gave rise to a potential conflict of interest. Again, I want to be perfectly clear. All of my communications with Council, many of which have become public record and the basis for a very public lynching on social media, were discussed with our Town Attorney who opined they were not privileged communications under the Open Records Act. Additionally, it was the opinion of our Town Attorney that in every instance I acted within the scope of my authority as Town Manager, and have fulfilled all my duties and responsibilities.” Council Member Jensen inquired when the conflict of interest was discovered. Town Manager Class responded that the conflict of interest issue had been discovered either on the evening of March 25th or the morning of March 26th. Council Member Jensen asked if this was a new conflict of interest because the trampoline park had already been known about. Town Manager Class confirmed that it was a new conflict. Council Member Jensen inquired who else knew about the conflict when it was discovered. Town Manager Class responded that he asked about seven Staff members to meet in the morning and afternoon after receiving Mayor Pro Tem Shoffner’s email that initiated a search of records. Council Member Jensen questioned if he gave authority to Staff to tell anyone outside of other Staff members because it should have been kept between Staff until Council was advised of the information. Town Manager Class responded that he did not give anyone the authority to do so. Council Member Jensen asked the Town Attorney his opinion if the Council should have been apprised of a discovered conflict of interest before it was released to the public. Town Attorney Dodd confirmed and stated that it was planned to be disclosed to Council during Executive Session on March 26, 2019. Town Council Minutes April 9, 2019 Page 6 of 14 Town CouncilPage 12 of 69Meeting Date: April 23, 2019 Council Member Jensen pointed out that there was a post on Facebook on March 24th at 5:35 p.m., which was prior to when it was stated of the discovery, by Brian Brennan who made the comment that “Kurtz has more of a conflict than just a vote and he knows what I am talking about and so does Chris Gordon.” Town Manager Class stated that he could have been speaking about several conflicts of interests that have been discussed for several months. Mayor Sanders called for a Point of Order and stated that he did not believe that examining the conflict dealt with the agreement was at hand. Council Member Jensen commented that it was ironic that Mr. Brennan made the post on Sunday. He asked the Town Attorney if an investigation had been done in regards to the discovered conflict of interest as far as reaching out to Council Member Kurtz. Town Attorney Dodd responded that he spoke to Council Member Kurtz the night of March 26th during the break between the Workshop and Regular Session. The email was self-explanatory that Council Member Kurtz’ wife was invested in Turnbury Capital, which was invested in the HG Sply project. He previously did an investigation and discovered the trampoline business that Council Member Kurtz and Mr. Gordon were involved with. Council Member Jensen questioned if the timeframe had been investigated on when Council Member Kurtz had money in Turnbury Capital and when it was taken out. Town Attorney Dodd responded that Council Member Kurtz mentioned that it was his wife investing for their son and that he did not have anything to do with Turnbury, but he showed Council Member Kurtz a document from the Secretary of State’s Office showing him as the incorporator. Council Member Jensen asked the Town Attorney if he had reached out to Council Member Kurtz’s attorney to get any further background. Town Attorney Dodd responded that he had a meeting with the other attorney, but as the Town Attorney he was looking for conflict of interests and how they affected votes. One conflict of interest was already established with the business relationship with the trampoline park. He did not have jurisdiction to look any further if there were any complaints or criminal charges. His investigation stopped when Council Member Kurtz was no longer available to participate in OTD discussions. Council Member Jensen inquired if there were any votes on record during the time of Council Member Kurtz’s investment in Turnbury Capital. Town Attorney Dodd responded that there were votes around June 2018 and January 2018, but he did not cross examine Council Member Kurtz about the dates. Council Member Jensen questioned if Council Member Kurtz was in attendance for the Joint Session meeting that occurred on January 18, 2018 when there was a vote to amend the OTD agreements to extend the deadline of the Certificate of Occupancy to November 22, 2018. Town Secretary Fimbres responded that the minutes reflected that Council Member Kurtz was absent from that meeting. Council Member Jensen inquired when there would have been another instance where Council Member Kurtz could have placed a vote during his time of ownership. Town Attorney Dodd responded that he did not establish his time of ownership. Town Manager Class stated that the votes that were in question occurred on June 12, 2018 and July 24, 2018. Council Member Jensen inquired when Council Member Kurtz was out of Turnbury Capital. Town Attorney Dodd responded that Council Member Kurtz advised that he was out in January 2018, but the Secretary of State’s Office showed that it was changed in January 2019. Council Member Jensen asked if there was a legal representative for Council Member Kurtz and if they had any documentation proving the time of investment in Turnbury Capital. Ashkan Mehryari, 212 W. Spring Valley Road in Richardson, Attorney representing Council Member Kurtz, responded that he did not have any documentation with him but he clarified that Council Member Kurtz had an oral agreement that he would divest his shares. This transaction through attorneys and accountants and had been forgotten about. He divested the shares back to the Town Council Minutes April 9, 2019 Page 7 of 14 Town CouncilPage 13 of 69Meeting Date: April 23, 2019 original price that he paid for them to avoid any conflicts. It was not for Council Member Kurtz but was his child’s trust that would benefit from this. This occurred before Town Manager Class brought it up this year and it was back dated to the original date that they had agreed upon, which he believed was January 2018. He would not have had any investment at the June and July 2018 Council meetings. Council Member Kurtz would only have a liability, meaning when the $100,000 worth of shares were sold, he would have only received $100,000 back and if the investment did not pan out, then he only stood to lose funds. Town Manager Class advised that the third vote that was in question occurred on January 8, 2019, with a 5-2 vote for the Design Cost Proposal with Muckleroy & Falls for the engineering and design of the Trophy Club Parking Garage project. Council Member Jensen remarked that Town Manager Class had sent an email advising that there was no written agreement with OTD for Phase III. Mayor Pro Tem Shoffner asked if the Town moved forward with the Design Cost Proposal with Muckleroy & Falls. Town Manager Class responded that no the Town did not. Council Member Lamont commented that the reality was that on March 15, 2018, Council Member Kurtz said he would recuse himself from any business that emerged with the partnership between operations and realty business. Unless Council Member Kurtz was saying that was not OTD, he did not recuse himself from the June 12, 2018 meeting, which was a critical meeting because the agreement was amended. He questioned the agreement that was signed by OTD when they no longer owned the property because it had been sold two weeks before. Council Member Fleury asked who created Turnbury Capital, who owned it, and who were the managing partners. Mr. Mehryari responded that he did not represent Turnbury Capital therefore he could not answer those questions. Town Attorney Dodd advised that the Secretary of State’s Office has public documents of when it was formed in August 2016 that showed Council Member Kurtz and another gentleman in Town as directors and the address was here in Trophy Club, but he had no information regarding investments. Council Member Fleury remarked that it had been mentioned that there was a connection between Turnbury Capital and OTD. Town Manager Class responded that was in the email from Council Member Kurtz to Mr. Gordon indicating that his wife was invested in Turnbury Capital, which was investing in HG Sply. Council Member Fleury commented that she was asking these questions to get the truth heard. She asked how this would affect the conflict issue if the intent was to divest the investment but yet he wasn’t removed from being the managing partner. Town Attorney Dodd responded that being a managing partner and director was different than investment. On a day of a vote, the status would be looked at that time. Council Member Jensen advised that on January 20, 2019, Mayor Sanders sent an email to Town Manager Class, Director of Administrative and Financial Services Phillips, and Mayor Pro Tem Shoffner asking if there were any written agreement on OTD involvement in Phase III. The Mayor thought there was an RFP process where the Town rejected all responses and reissued an RFP and inquired if an RFP was awarded to OTD, and if OTD signed anything related to the RFP for Phase III. On January 28, 2019, Town Manager Class sent an email in response that there was no written agreement with OTD, nor had OTD signed anything related to the Phase III RFP. He had also confirmed that the Mayor was correct that there was an RFP process with two submittals; one of which was rejected which prompted the EDC 4B and Council to begin discussions with OTD. Council Member Lamont stated that he had mentioned during the June 12, 2018 Executive Session that he had heard that the loan was paid off. He felt that if the loan was paid off then the Town was out of the deal because the agreement continued until the lender was paid off. He had been ensured that the loan was not paid off by several Council Members who said that OTD had just switched lenders. He asked again how OTD was authorized to sign an agreement when they did not own the property. He stated that Council Member Jensen had previously remarked that all Council knew that OTD sold the land. He commented that he did not know that OTD sold the land. The Council voted on something when they did not know that the land was sold. Town Council Minutes April 9, 2019 Page 8 of 14 Town CouncilPage 14 of 69Meeting Date: April 23, 2019 Council Member Fleury stated that she did not know either that the land had been sold. Council Member Jensen highlighted that per Section 4.1 (d) of the agreement it stated “Discretionary sale by OTD. The Town and/or EDC shall have the Right of First Refusal to purchase the property.” He stopped there to read the following whereas clause on page 1, “Developer is the owner of an approximate 2.0517 acre tract of land generally located in the Trophy Wood Plaza project comprised of Tract 2, Lot 2R-2 and zoned as part of Planned Development No 25.” Within the Definitions section on page 3, “Property” shall mean 2.0517 acres, which was the land that Bread Winners sat on. The definition for HG Sply has a different definition for property within a separate agreement. He went back to Section 4.1 (d), “The Town and/or EDC shall have the Right of First Refusal to purchase the property if Developer desires to sell the property with or without public improvements or property improvements at any time during the Right of First Refusal Term (defined below). The right of Town and/or EDC under this section shall remain in effect until such time as two (2) separate restaurants on the “property” have each received a Certificate of Occupancy and Developer complies with all of its obligations under Section 3.2 and Section 4.1 (a) of this agreement (above), at which time the Town’s and EDC’s right of First Refusal shall terminate and be of no further force and effect (“Right of First Refusal Term”).” He pointed out that the agreement was written incorrectly because they were not doing two separate restaurants for the Bread Winners property and that Bread Winners already had their Certificate of Occupancy. Additionally, he identified another mistake within Section 4.1 (a) where it stated “Further, if Developer fails to obtain two (2) Certificates of Occupancy for each of the two (2) separate restaurant sites.” He believed that the agreement should be amended to have the correct number of one (1) Certificate of Occupancy for each of the two (2) separate restaurants. Mayor Sanders stated that he did not know either that the land had been sold. Mayor Pro Tem Shoffner advised that he was present from the very beginning and voted on each agreement brought to Council regarding OTD. In early 2013 was when the Town and OTD began discussions. During that timeframe the Town was desperate for restaurants and retail. The reason for the PD 30 development was because the Town was desperate for anything that would bring in additional revenue to help lessen the pressure of property taxes. The previous Town Manager Mike Slye and the previous Assistant Town Manager Stephen Seidel worked hard with OTD to bring high quality restaurants. In a Staff Report, previous Town Manager Slye sent a project overview that stated that “OTD approached the Town in April 2013 regarding the potential opportunity to develop high quality restaurants within the Town. Over the course of the past year, the Town has worked with OTD to develop a performance incentive agreement that would develop three to four restaurants on approximately 5.4 acre tract generally located between the Baylor Medical Center and Trophy Wood Drive. This property was within the geographic boundaries of TIRZ No. 1 and was eligible for TIRZ incentives. The performance incentive being offered was approximately $3.2 million. The Town anticipated that the appraised value and gross sales for the development to reach $12.8 million within five years of signing a development agreement, which equates to approximately $250,000 per year. There were three components to the incentive agreement predicted on performance measures attained by certain dates by OTD.” The TIRZ No. 1, EDC 4B, and Council unanimously approved the Term Sheet. Additionally, he provided a few updates that had been provided by Staff over the last couple of years: September 2, 2014 - Previous Assistant Town Manager Seidel advised that payment would not begin until the development agreement was executed by all parties, thus the $23,000 would not occur this fiscal year. OTD was beyond frustrated with the property owner. OTD submitted the LOI on July 31st and they could not get a response or phone call from the property owner. The LOI met the seller’s terms regarding price and acreage but communication from the seller had been difficult and often nonexistent from the very beginning. January 30, 2015 - Previous Town Manager Seidel spoke with OTD regarding the development agreement and setting up bank payments. The executed Term Sheet stated that the EDC makes all payments to the lender, not to OTD. Staff was currently working on a draft developer’s agreement but the Term Sheet stated that the Town would make no payment until the property closed and there was an executed developer’s agreement. OTD closed on the property the prior week and it could be March at the earliest before a developers agreement was ready to go forward for approval by all three boards. April 2, 2015 - Previous Town Manager Seidel advised that he initially thought they would need an EDC 4B meeting the following week, but a couple items had not come to fruition. OTD had a very serious meeting with one of the restaurants that focused primarily on the breakfast and lunch crowd. The meeting went Town Council Minutes April 9, 2019 Page 9 of 14 Town CouncilPage 15 of 69Meeting Date: April 23, 2019 great and OTD felt fairly confident regarding the outcome. In fact, the restaurant group may consider bringing another concept. Staff should know something soon about when the LOI might get signed. November 5, 2015 - Previous Town Manager Seidel provided an update that OTD continued to push forward with Elias Pope and his concept. Staff was hopeful that a lease could be signed by mid-December but Mr. Pope was going to be on a mission trip which would slow down the process slightly. The biggest concern was Mehrdad and his Entrada development, or another city, swooping in at the last minute to steel the deal; however if the lease could get signed there would be considerable interest in the newly acquired property based on some initial conversations. Staff and OTD have been working on some information to further strengthen the position with Mr. Pope. Mayor Pro Tem Shoffner provided the above information to show that the Town asked OTD to bring high quality restaurants and if OTD did, the Town would provide an incentive. Going back to early 2014, he would have never dreamed that the Town would have gotten Bread Winners or HG Sply. OTD brought two high quality restaurants that far exceeded everyone’s expectations. He agreed with Mayor Sanders that the agreements were poorly written and contained mistakes, but the intent had been met by OTD. There have been numerous unanimous votes by Council, EDC 4B, and TIRZ No. 1. Lastly, he implored the Council to forget about the conflicts and move forward with clean agreements and fulfill the obligations that were made to OTD. Council Member Lamont commented that the Right of First Refusal could be argued and it could be argued that there were two restaurants on the Bread Winners property with it having Quarter Bar. He read 4.1 (a) of the agreement, “EDC shall continue making land repayments in the amount of $5,926.48 with a total payment by EDC not to exceed $71,117.76 annually to the Developer’s Lender pursuant to the Developer Agreement for a period of seven (7) additional years, ending January 22, 2025, or upon the date that EDC’s obligation was paid in full, whichever occurs first.” He believed that because OTD sold the land, the Town no longer had an obligation under the agreement. Council Member Fleury remarked that OTD did bring some amazing concepts to the Town. She acknowledged that the agreements were poorly written but the Town Manager was trying to take pause because of allegations of conflicts and breach of contract. She provided the City of Dallas and City of Richardson as examples with their conflicts and the need to have these discussions in Open Session. Main Motion: Main Motion made by Mayor Sanders, seconded by Council Member Jensen, to direct the Town Manager, Town Attorney, and Staff to 1) Continue payments with OTD; 2) Direct Town Attorney and Town Manager to work to create an agreement documenting payments remaining on Bread Winners property and that the agreement include releases for both parties of all conflicts that may exist in the current agreement; and 3) Work with OTD and attorneys to modify the existing agreement for the HG property once the C.O. was obtained by HG. Mayor Sanders wanted to move forward in a positive manner and not have any more slanderous activity. Mistakes have been made and he did not want to try to rewrite a second developer’s agreement for the HG property because it was already a poorly written agreement. The fulfillment of bringing two restaurants has occurred and a Certificate of Occupancy would be obtained for HG Sply. He wanted to allow the opportunity for residents to hear the facts and provide their input. He remembered when the Town was not able to attract restaurants because the location was not ideal. OTD has leveraged themselves and received bank notes to purchase land to build a building that attracted restaurants. He wanted to come up with an agreement for the Bread Winners property that was specific to payments being made to OTD for the remainder of the 20 year note. A statement should be drafted that would release both parties of any liabilities, risks, and past conflicts. The second portion of the motion dealt with the HG Sply property because the Certificate of Occupancy would be obtained in the near future and the Right of First Refusal should be dealt with accordingly because the Town was not allowed to own self generating businesses. He pointed out that the HG Sply agreement had a 60 day notice clause. Council Member Jensen advised that the developer’s agreement had a 60 day clause but the Subordination Agreement with Frost Bank had a 180 day notice and it also stated that any other agreement was junior in agreement to the Subordination Agreement that the Town signed. Town Council Minutes April 9, 2019 Page 10 of 14 Town CouncilPage 16 of 69Meeting Date: April 23, 2019 Motion to Amend, Motion to Amend made by Mayor Pro Tem Shoffner, seconded by Council Member Jensen, to add the following language or similar language agreed to by both parties to state that “All entities and individuals who are party to this agreement, and any subordinate agreements, certify that all past or current Conflicts of Interest have been disclosed to all other parties, in accordance with State Law, and documented within the agreement. Further, all entities and individuals who are party to this agreement shall disclose any past, current, or future Conflicts of Interest to all other parties, upon receiving knowledge of such, in accordance with State Law.” Mayor Pro Tem Shoffner wanted to make it crystal clear to the residents and all stakeholders that every conflict of interest would be in the agreement and be disclosed. Council Member Fleury inquired if this would include appointed officials as well as elected officials. Town Attorney Dodd responded that the way the motion was worded it would include members of Council, EDC 4B, and TIRZ No. 1. LuAnne Oldham, 2535 Roseville Drive, provided a presentation based on information she obtained through public records, Open Records Request, and Tarrant County Real Property online records. She highlighted several items dealing with the Term Sheet approved on March 24, 2014 (effective January 22, 2015) between the Town, TIRZ No. 1, EDC 4B, and OTD that included: OTD purchase property for $1,064,278.25; 2 executed leases – 10 year minimum term within, 24 months (1/22/17); 2 Certificate of Occupancy - 2 restaurants within 36 months (1/22/18); EDC 4B pays developer’s lender a total amount of $1,064,278.25 (Purchase price, less interest); TIRZ No. 1 pays developer up to $1,000,000 total incremental revenue for public improvements; If developer fails in obligation at the 24, 36 month terms (1/22/17) (1/22/18) EDC 4B or Town may elect to purchase property; Economic Development Agreement (“EDA”) (8/24/16, signed 10/13/16) term expires 1/22/2035; By multiple amendments approved by Council the Certificate of Occupancy term has been pushed to a total of 50 months from the effective date; The requirement to secure 2 restaurant leases with a minimum of ten year terms was evidenced to the Town by cut and paste, marked-up, one page excerpts of typically lengthy lease agreements; and Complete terms of the leases were not provided - questioning the validity of an unconditional 10 year minimum term. Ms. Oldham concluded that why all this mattered was that there was a pattern of under disclosure, conditions of 10 year minimum term of the lease(s) were unknown, numerous extensions to the EDA were approved by Council Member(s) with strong business ties to the beneficiary of the action, and these business ties were not disclosed prior to the votes. Records failed to reflect notice to the Town of the sale/transfer of the Bread Winners tract to a third party, the deed recorded was on June 4, 2018. The EDA was amended after the sale of the Bread Winners tract and diverting the lender reimbursement to the developer directly through action taken on June 12, 2018. She believed that a pattern of amendments were pushed to benefit developer. Strategic appointments to influential committees recommended by a subcommittee composed of Council Members closely aligned to the developers by action taken on June 27, 2017. Financial investment and business tie disclosure questions have been answered by abrupt resignations of Council Members and Ethics Committee Members. The possible misapplication of Town tax dollars has been hidden from officials. Heated discussions have been heard outside of Executive Sessions. She concluded that the Town Manager was contacted and questioned by an outside investigator. The current consequences of an unbalanced EDA should have been apparent to citizens. Committees have been reconstituted, and financial alliances have deepened between a select few members of the community. Mayor Sanders inquired if there had been email exchanges regarding the copy of the leases agreement that appeared not to be a full copy as mentioned by Ms. Oldham. Town Manager Class responded that he brought that matter to the attention of the attorney for OTD but a better quality had not been provided. Mayor Sanders spoke about Ms. Oldham’s comment regarding diverting funds. He had not been told that the building and land was sold, but that the bank was requiring OTD to pay off a note in order to receive their Town Council Minutes April 9, 2019 Page 11 of 14 Town CouncilPage 17 of 69Meeting Date: April 23, 2019 construction loan. The vote for the Motion to Amend was taken, to add the following language or similar language agreed to by both parties to state that “All entities and individuals who are party to this agreement, and any subordinate agreements, certify that all past or current Conflicts of Interest have been disclosed to all other parties, in accordance with State Law, and documented within the agreement. Further, all entities and individuals who are party to this agreement shall disclose any past, current, or future Conflicts of Interest to all other parties, upon receiving knowledge of such, in accordance with State Law.” Motion to Amend carried unanimously 5-0-0. Council Member Fleury asked that grace and mercy be extended to the Town Manager who was doing his job in the midst of potential conflicts and breach of contract. She felt that Town Manager Class has exhibited the utmost integrity. She did not want individuals to slander or defame the Town Manager and Staff. Additionally, she asked what the implementation was when OTD signed the agreements as owners when the property had been sold. Town Attorney Dodd responded that it would be addressed if the Town moved forward with the breach of contract, which he would rather discuss in Executive Session. Council Member Jensen commented that the Town received a response from the Attorney for OTD on April 4, 2019, that the developer agreements in place did not specifically require a production of the leases, therefore, an informal response was made, which was intended in the spirit of the goodwill that this retained throughout its progress. Motion to Divide the Question: Motion made by Council Member Lamont to divide the question dealing with the Main Motion. Motion to Divide the Question failed for lack of a second. Mayor Sanders acknowledged that action needed to be dealt with through Agenda Item No. 8. Council Member Jensen noted that the Council had to look at the entire picture as a responsibility to the residents of Trophy Club. There was a risk to the Town if payments ceased due to the signed Subordination Agreement in place. Kristin Regel, 8350 N. Central Expressway in Dallas, Attorney representing OTD in its various entities forms, advised that she was a commercial litigator and has been practicing for 21 years. She met with a couple of Staff members last week and she sent a response on April 4, 2019. It has been discussed at length the historical perspective of the developer’s agreements. In 2014 there was a Term Sheet and in 2015 the initial agreement included the entire track of land of 3.88 acres to encompass what eventually became the Bread Winners and HG Sply projects. At some point, it was recognized that there were different entities that owned HG Sply and Bread Winners, which had different terms and payments; therefore two different agreements were developed. Each amendment had been voted on by the Town Council each and every time in an effort to continue the business relationship that eventually has benefited the Town. It was common for town’s to offer incentives using tax dollars to increase revenue in the future. She noted that previous agreements would not be entered into a court of law. There was a risk to the Town due to the Subordination Agreement, as well as a risk of litigation. She hoped that they could resolve this issue because that was the best way to go. Mayor Sanders advised that potential litigation should not be discussed. Ms. Regel advised that from an attorney’s perspective that deals with contractors, the Right of First Refusal that the Town would have had, expired long before OTD sold Bread Winners. Therefore there was no Right of First Refusal and no need to provide written notification. She addressed a point made by Ms. Oldham regarding the document that was emailed to the previous Assistant Town Manager Steven Glickman. She explained that Staff had reached out to OTD in December 2016, inquiring about the status of the leases. Her client put together a quick response and cut and pasted the signature from their tenants to indicate that they received the leases. Commercial leases could be hundreds of pages and could contain confidential information, which they have the original 15 year commercial leases. There was nothing in the agreements that required OTD to produce the commercial leases. She believed there was a valid agreement that allowed the responsibilities and obligations of Town Council Minutes April 9, 2019 Page 12 of 14 Town CouncilPage 18 of 69Meeting Date: April 23, 2019 the Town, TIRZ No. 1, and EDC to continue payments regardless of whether or not OTD paid off the loan. Additionally, she addressed Council Member Lamont’s inquiry about why did OTD sign an agreement when there had already been a sale. This was due to the fact that OTD continued to own the incentives under the agreement and OTD was always allowed to be able to sell the property at some future date. Mayor Sanders moved to Agenda Item No. 8 in order to properly take action. EXECUTIVE SESSION 7. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council convened into executive session to discuss the following: A) Section 551.071 Consultation with Attorney under Subsection (2) to consult with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act and Section 551.087 Deliberation regarding Economic Development Negotiations under Subsection (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and Subsection (2) to deliberate the offer of a financial or other incentive to a business prospect that the Town seeks to have locate within the territory of the Town: Current matters with OTD regarding Bread Winners and HG Sply Economic Development Agreements and possible amendments to or adopting new agreements (Mayor Sanders) B) Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: 1) North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tem Shoffner and Council Member Kurtz) 2) Parcel between Bread Winners and Trophy Club Town Hall (T. Class) 3) Potential transfer of property (T. Class) C) Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 under Subsection (2) Consultation with Attorney to consult with its attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. 1) Simon D. Whiting with Burford & Ryburn, L.L.P. (Mayor Sanders) 2) Town Manager Thomas M. Class, Sr. (Mayor Sanders) CONVENED INTO EXECUTIVE SESSION - START TIME – 10:02 P.M. RECONVENED INTO REGULAR SESSION - START TIME – 11:36 P.M. RECONVENED INTO REGULAR SESSION 8. Consider and take appropriate action regarding the Executive Session (T. Class). Motion: Motion made by Mayor Sanders, seconded by Council Member Jensen, to direct the Town Manager, Town Attorney, and Staff to 1) Continue payments on Bread Winners land; 2) Direct Town Attorney and Town Manager Town Council Minutes April 9, 2019 Page 13 of 14 Town CouncilPage 19 of 69Meeting Date: April 23, 2019 to work to create an agreement documenting payments remaining on Bread Winners property and that the agreement include releases for both parties of all conflicts that may exist in the current agreement; and 3) Work with OTD and attorneys to modify the existing agreement for the HG property once the C.O. was obtained by HG; and 4) Add the following language or similar language agreed to by both parties to state that “All entities and individuals who are party to this agreement, and any subordinate agreements, certify that all past or current Conflicts of Interest have been disclosed to all other parties, in accordance with State Law, and documented within the agreement. Further, all entities and individuals who are party to this agreement shall disclose any past, current, or future Conflicts of Interest to all other parties, upon receiving knowledge of such, in accordance with State Law.” Susan Edstrom, 269 Oak Hill Drive, thanked the Council for the openness of the meeting. She commented that intent could not be proved and that conflict that existed should not be forgiven. If payments were made that should not have been made, then it was the Council’s fiduciary responsibility to get the Town’s funds back. She expected the Council to be good stewards of the Town’s funds. Greg Wilson, 2013 Churchill Downs Lane, remarked that he had been the President of EDC 4B when much of this transpired. He explained that it started out as three restaurants, and then it went to two restaurants, and ultimately went to one restaurant. He felt that a lot of the changes were made to the agreements and the paperwork had not been documented how it should have been. It was a travesty to have Town Manager Class publicly demonized. He asked that everyone treat each other how they wanted to be treated, especially when that person was simply doing their job. He hoped that everyone could be civil moving forward and that this could be resolved in an amicable manner. His experience in dealing with Town Manager Class has been a great experience. Council Member Lamont commented that he felt that he had been misled at the June 12, 2018 Council meeting and that this agreement was null and void. Council Member Fleury assumed that negotiations for the new agreements would be done in Open Session. Mayor Sanders remarked that typically negotiations would not occur in Open Session. The vote was taken. Motion carried 4-1-0, with Mayor Sanders, Mayor Pro Tem Shoffner, and Council Member Fleury and Jensen voting for, and with Council Member Lamont voting against. RECESSED AT 9:30 P.M. FOR A BREAK RECONVENED AT 10:02 P.M. INTO REGULAR SESSION AND IMMEDIATELY ENTERED INTO EXECUTIVE SESSION Motion: Motion made by Council Member Lamont, seconded by Council Member Fleury, to engage for employment matters the law firm of Burford & Ryburn, L.L.P. Motion carried unanimously 5-0-0. ADJOURN Mayor Sanders adjourned the meeting at 11:37 p.m. ___________________________________ ___________________________________ Holly Fimbres, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Minutes April 9, 2019 Page 14 of 14 Town CouncilPage 20 of 69Meeting Date: April 23, 2019 1 Trophy Wood Drive Town of Trophy Club Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2019-166-T1 Type:Status: Agenda ItemConsent Agenda File created:In control: 4/9/2019Town Council On agenda:Final action: 4/23/2019 Title: Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2019 (T. Class). Attachments: Staff Report - Second Quarter Investment Report FY 2019.pdf Second Quarter Investment Report FY 2019.pdf DateVer.Action ByActionResult Agenda Item No. 3: Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2019 (T. Class). Town CouncilPage 21 of 69Meeting Date: April 23, 2019 To: Mayor and Town Council From:Jonathan Phillips, Director of Administrativeand FinancialServices CC: Thomas M. Class Sr., Town Manager Holly Fimbres, Town Secretary/RMO April Duvall, Chief Financial Analyst Re: Second Quarter Investment Report Town Council Meeting, April 23, 2019 Agenda Item: Consider and take appropriate action regarding the Second Quarter Investment Report for Fiscal Year 2019 (T. Class). Strategic Link: Administrative & Financial Services – Exercise fiscal discipline in all Town operations. Background and Explanation: The Town’s current interest-bearing accounts have an ending balance of $19,422,996 as of March31, 2019, which is an increase of $2,096,132 since December 31, 2018. This is primarily due to ad valorem collections. The portfolio is liquid with a weighted average life of 53 days. Interest earnings for thisquarter total $119,842. The total average yield for this quarter was 2.58% which is higher than the average rolling 6-month Treasury-Bill yield of 2.51% for the same period. Recently, Ad Valorem revenues have been placed into the InterBank Insured Cash Sweep to take advantage of the fund’s liquidity and the favorable 2.71% yield. Financial Considerations: Interest earnings for this quarter total $119,842 which gives the Town a year to date interest earning of $198,562 for Fiscal Year 2019. Legal Review: Not applicable. Page 1 of 2 Town CouncilPage 22 of 69Meeting Date: April 23, 2019 Board/Commission/ or Committee Recommendation: Council Finance Subcommittee received the report on April 16, 2019. Staff Recommendation: Staff recommends approval of the Second Quarter Investment Report for Fiscal Year 2019. Attachments: SecondQuarter Investment Report FY 2019 Page 2 of 2 Town CouncilPage 23 of 69Meeting Date: April 23, 2019 Town CouncilPage 24 of 69Meeting Date: April 23, 2019 Town CouncilPage 25 of 69Meeting Date: April 23, 2019 Town CouncilPage 26 of 69Meeting Date: April 23, 2019 Town CouncilPage 27 of 69Meeting Date: April 23, 2019 Town CouncilPage 28 of 69Meeting Date: April 23, 2019 Town CouncilPage 29 of 69Meeting Date: April 23, 2019 Town CouncilPage 30 of 69Meeting Date: April 23, 2019 Town CouncilPage 31 of 69Meeting Date: April 23, 2019 Town CouncilPage 32 of 69Meeting Date: April 23, 2019 Town CouncilPage 33 of 69Meeting Date: April 23, 2019 Town CouncilPage 34 of 69Meeting Date: April 23, 2019 Town CouncilPage 35 of 69Meeting Date: April 23, 2019 Town CouncilPage 36 of 69Meeting Date: April 23, 2019 Town CouncilPage 37 of 69Meeting Date: April 23, 2019 Town CouncilPage 38 of 69Meeting Date: April 23, 2019 Town CouncilPage 39 of 69Meeting Date: April 23, 2019 1 Trophy Wood Drive Town of Trophy Club Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2019-167-T1 Type:Status: Agenda ItemConsent Agenda File created:In control: 4/9/2019Town Council On agenda:Final action: 4/23/2019 Title: Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Freese and Nichols for the Drainage Master Plan Update and Skyline Creek Channel Improvements Feasibility Study; and authorizing the Mayor or his designee to execute all necessary documents. (T. Class) Attachments: Staff Report - Drainage Master Plan Update and Skyline Creek Channel Improvements Feasibility Freese and Nichols Agreement for Drainage Master Plan Update and Skyline Creek Channel DateVer.Action ByActionResult Agenda Item No. 4: ConsiderandtakeappropriateactionregardinganAgreementbetweentheTownofTrophyClubandFreeseandNichols fortheDrainageMasterPlanUpdateandSkylineCreekChannelImprovementsFeasibilityStudy;andauthorizingthe Mayor or his designee to execute all necessary documents. (T. Class) Town CouncilPage 40 of 69Meeting Date: April 23, 2019 To: Mayor and Town Council From: Tommy Uzee, Director of Community Development CC: Thomas M. Class Sr., Town Manager Holly Fimbres, Town Secretary/RMO Re: Storm Water Master Plan Town Council Meeting, April 23, 2019 Agenda Item: Consider and take appropriate action regarding an Agreement between the Town of Trophy Club and Freese and Nichols for the Drainage Master Plan Update and Skyline Creek Channel Improvements Feasibility Study; and authorizing the Mayor or his designee to execute all necessary documents. (T. Class) Strategic Link: Infrastructure & Development - Maintain and improve all Town infrastructure. Background and Explanation: On February 9, 2012, Freese and Nichols provided the Town with a comprehensive study for the Storm Water Master Plan Phase I initiative. To date, three (3) of the five (5) areas studied have had improvements accomplished as required, the last having been completed in July of 2015, which was the culvert addition and bridge/street rebuild at Indian Creek Drive near Skyline Drive. The remaining two (2) were identified with potential improvements needed. The Phase II proposal as submitted, presents a scope of services to provide an update to the Drainage Master Plan including a feasibility study for the Skyline Creek Channel Improvements as requested. Financial Considerations: The cost for the Drainage Masterplan Update and Skyline Creek Channel Improvements Feasibility Study is $65,000. Legal Review: The Town Attorney has reviewed this item and concurs with the Staff recommendation. Page 1 of 2 Town CouncilPage 41 of 69Meeting Date: April 23, 2019 Board/Commission/ or Committee Recommendation: Not applicable. Staff Recommendation: Staff recommends approval of the agreement for the Drainage Master Plan Update and Skyline Creek Channel Improvements Feasibility Study. Attachments: Freese and Nichols Agreement for Drainage Master Plan Update and Skyline Creek Channel Improvements Feasibility Study Page 2 of 2 Town CouncilPage 42 of 69Meeting Date: April 23, 2019 April 11, 2019 Tommy Uzee Director of Community Development Town of Trophy Club 1 Trophy Wood Drive Trophy club, TX 76292 Re: Drainage Masterplan Update and Skyline Creek Channel Feasibility Study Dear Mr. Uzee: In response to your request, Freese and Nichols, Inc. is pleased to present the attached scope of services to prepare an update to the Drainage Masterplan and a feasibility study for the Skyline Creek Channel Improvements. FNI proposes to complete this scope for a lump sum fee of $65,000 which consists of the following tasks: Amount Task Description $5,000 1 Project Mgmt and Meetings $21,000 2 Data Collection and Survey $6,000 3 Hydrology and Hydraulics $4,000 4 Geomorphic Assessment $23,500 5 Channel Feasibility Study $5,500 5 Technical Memo $65,000 Total Fee Thank you for the opportunity to assist the Town on this important project. If you have any questions, me at (817) 735-7378. Sincerely, Freese and Nichols, Inc. 04/11/2019 12:58:17 PM Scott Hubley, P.E., CFM Principal Town CouncilPage 43 of 69Meeting Date: April 23, 2019 TOWN OF TROPHY CLUB, TEXAS DRAINAGE MASTER PLAN UPDATE AND SKYLINE CREEK CHANNEL IMPROVEMENTS FEASIBILITY STUDY SCOPE OF SERVICES AND RESPONSIBILITIES OF TOWN BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services in connection with the development of the Project: The purpose of this scope of work is to update existing hydraulic models of Skyline Creek developed in 2012 as part of the Stormwater Master Plan for the Town of Trophy Club (TOWN). These updates will reflect as-built conditions for the drainage improvements constructed in 2014 for the following areas: Freshmeadow Drive Skyline Drive Indian Creek Drive The study will also prepare preliminary engineering for Skyline Creek Channel Improvements between Indian Creek Drive and TW King Drive. The goal of channel improvements is to reduce the flood risk for homes adjacent to the channel while also addressing any channel erosion concerns. The channel improvements will also allow the Town to open the full capacity of recently constructed culverts at Indian Creek Drive. FNI will evaluate proposed channel dimensions and materials, required utility relocations, environmental permitting needs, and easement requirements. FNI will prepare an updated construction cost for the project. FNI will perform the following tasks as part of this project: Task 1 Project Management and Meetings a.Project Kickoff Meeting: Meet with TOWN to review scope and schedule of the Project and critical Project milestones. FNI will present a memorandum outlining data needed for the Project and will review the data request memorandum with TOWN to determine what data and data format is available from TOWN. b.Analysis Review Meeting: FNI will conduct one (1) meeting with TOWN after conducting initial analysis and preparing a preliminary findings technical memorandum. c.Provide TOWN Council Update: Attend one (1) TOWN Council meeting to update Council on the results of the analysis. Task 2 Data Collection a.FNI will utilize the hydraulic models for Skyline (Indian) Creek that were prepared as part of 2012 Trophy Club Master Plan prepared by FNI. The hydrologic calculations will not be re- calculated as part of this project. b.FNI will obtain available GIS, topographic maps, land use/zoning maps, and previous drainage studies of the Indian Creek watershed from TOWN. L:\\Resources\\cbs\\T\\TrophyClub\\MasterPlan\\Contract FNI SC-1 TOWN Town CouncilPage 44 of 69Meeting Date: April 23, 2019 c.-as identified by the TOWN. These include but may not be limited to: i.Drainage improvements at Indian Creek Drive (TNP construction plans) ii.Drainage improvements at Timber Ridge/Fresh Meadows d.FNI will perform one (1) field visit to observe and photograph identified project areas. Task 3 Hydrologic and Hydraulic Analyses a.FNI will obtain and utilize existing Hydrologic and Hydraulic models of Skyline (Indian) Creek for this analysis. b.Utilizing survey data and available one-foot topography, FNI will modify existing hydraulic models to create a representative steady-state model for existing conditions. c.Evaluate up to two (2) scenarios regarding operation of the Indian Creek Drive culvert crossing: i.Current operations passing flow through three (3) of four (4) box culverts ii.Alternative scenario passing flow through all four boxes. Alternative floodplains for the 10- and 100-year events will be created. iii.FNI will update the hydrologic routing to reflect the revised culvert configuration. d.Evaluate downstream impacts from the revised culvert opening. Based on one-foot topography, FNI will identify number and location of residential structures within the existing 100-year floodplain as a result of the culvert opening. Structure finish floor elevations will be estimated from one-foot topography. Task 4 - Preliminary Geomorphic Condition Assessment i.Field visit to observe and photograph the stream erosion condition of Indian Creek ii.Compare field observations to readily available data such as soil maps, historic aerials, and hydraulic models. iii.Prepare technical memorandum documenting and describing a high level assessment of the condition of the stream, expectations for future channel evolution, and design considerations. Task 5 Channel Feasibility Study a.FNI will acquire full topographic survey of Skyline Creek between Indian Creek Drive and T.W. King Road including surface features and property boundaries. The City will assist with obtaining right of entry permission from the property owners. b.FNI will evaluate the feasibility of channel improvements between Indian Creek Drive and T.W. King Road. Up to two (2) reach level alternatives will be evaluated. The purpose of the channel improvements will be to mitigate any downstream impacts from the culvert improvements at Indian Creek Drive, reduce existing flood risk in the channel, and address any potential erosion issues identified during the channel reconnaissance visit. L:\\Resources\\cbs\\T\\TrophyClub\\MasterPlan\\Contract FNI SC-2 TOWN Town CouncilPage 45 of 69Meeting Date: April 23, 2019 c.Alternatives will consider and document easement requirements, utility relocations, recommended FEMA coordination, and environmental permitting requirements. d.FNI will prepare an updated construction cost estimate for each alternative. e.FNI will meet with the City to review the preliminary alternatives and develop a recommended alternative in conjunction with the City. f.FNI will prepare a schematic level plan and profile drawing of the preferred channel improvements on a single roll plot. Typical cross sections of the channel improvements will be provided. The preliminary design will be progressed to approximately a 10% design level. g.FNI will provide an updated construction cost estimate of the recommended alternative. Task 5 Technical Memorandum a.FNI will develop a draft technical memorandum summarizing the results of the existing conditions analysis, the alternatives for Indian Creek Drive, and channel feasibility study. b.FNI will provide the draft technical memorandum electronically for TOWN comment. c.FNI will incorporate TOWN comments and provide a final technical memorandum. Two (2) hard copies and one (1) electronic copy will be provided. L:\\Resources\\cbs\\T\\TrophyClub\\MasterPlan\\Contract FNI SC-3 TOWN Town CouncilPage 46 of 69Meeting Date: April 23, 2019 ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A.Final design, bid, or construction phase services B.USACE 404 or other environmental permitting C.LOMR, CLOMR or other FEMA coordination D.Geotechnical investigations E.Structural analysis of existing structures F.Providing renderings, model, and mock-ups requested by the OWNER. G.Making revisions to drawings or other report documents when such revisions are 1) not consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. H.Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. I.Meeting or trips in excess of the number of meetings included in Basic Services for site visits, coordination meetings, or other activities. J.Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. K.Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. L.Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. M.Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. L:\\Resources\\cbs\\T\\TrophyClub\\MasterPlan\\Contract FNI SC-4 TOWN Town CouncilPage 47 of 69Meeting Date: April 23, 2019 SE M I N O LE D R Legend Indian (Skyline) Creek Project Limits City Limits 05001,000 Feet FN JOB NO OFF18050 FILE NAME FIGURE TrophyClub.mxd 0±®©¤¢³ ,®¢ ³¨® - ¯ DATE 4/11/2019 2711 North Haskell Ave. SCALE 1:6,000 Suite 3300 DESIGNED Dallas, Texas 75204 1 BH 4®¶ ®¥ 4±®¯§¸ #«´¡Ǿ 48 P: 214-217-2200 DRAFTED 02801 Town CouncilPage 48 of 69Meeting Date: April 23, 2019 Path: T:\\Proposals\\T\\Trophy Club\\Indian Creek HH Update\\TrophyClub.mxd NAD 1983 StatePlane Texas North Central FIPS 4202 Feet 1 Trophy Wood Drive Town of Trophy Club Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2019-168-T1 Type:Status: Agenda ItemConsent Agenda File created:In control: 4/9/2019Town Council On agenda:Final action: 4/23/2019 Title: Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town of Trophy Club and Denton County for the Fiscal Year 2019-2020 Shared Governance Communications and Dispatch Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or his designee to execute all necessary documents (T. Class). Attachments: Staff Report - Denton County Interlocal Cooperation Agreement for Shared Governance Denton County Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch DateVer.Action ByActionResult Agenda Item No. 5: ConsiderandtakeappropriateactionregardinganInterlocalCooperationAgreementbetweentheTownofTrophyClub andDentonCountyfortheFiscalYear2019-2020SharedGovernanceCommunicationsandDispatchServicesSystem forthePoliceDepartmentandFire/EMSDepartment;andauthorizingtheMayororhisdesigneetoexecuteallnecessary documents (T. Class). Town CouncilPage 49 of 69Meeting Date: April 23, 2019 To: Mayor and Town Council From:Patrick Arata, Police Chief Wade Carroll, Fire Chief CC: Thomas M. Class, Sr., Town Manager Holly Fimbres, Town Secretary/RMO Re: Shared Governance Communications & Dispatch Services Town Council Meeting, April 23, 2019 Agenda Item: Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town of Trophy Club and Denton County for the Fiscal Year 2019-2020 Shared Governance Communications and Dispatch Services System for the Police Department and Fire/EMS Department; and authorizing the Mayor or his designee to execute all necessary documents (T. Class). Strategic Link: Safety & Security - Achieve exceedingly high standards for public safety and low crime rates. Background and Explanation: This Interlocal Agreement is for Police and Fire/EMS dispatch services for Fiscal Year 2019-2020. The agreement states Trophy Club Police Department has a total cost of $41,154and the Fire/EMS Department has a total cost of $7,971, for a total of $49,125. Financial Considerations: The contracted amount for the Police Departments portion is $41,154 and the amount for the Fire/EMS Department portion is $7,971, for a total cost of $49,125. Legal Review: The Town Attorney has reviewed this item and concurs with the Staff recommendation. Board/Commission/ or Committee Recommendation: Not applicable. Page 1 of 2 Town CouncilPage 50 of 69Meeting Date: April 23, 2019 Staff Recommendation: Staff recommends approval of the Interlocal Cooperation Agreement for Shared Governance Communications and Dispatch Services System. Attachments: Denton County Interlocal Cooperation Agreement for Shared Governance Communications & Dispatch Services System Page 2 of 2 Town CouncilPage 51 of 69Meeting Date: April 23, 2019 STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR SHARED GOVERNANCE COMMUNICATIONS & DISPATCH SERVICES SYSTEM This Interlocal Cooperation Agreement for Shared Governance Communications and Dispatch ServicesSystem, hereinafter referred to as "Agreement", is made by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as the “County”, and Name of Agency:Town of Trophy ClubFire & Police Departments hereinafter referred to as “Agency”. WHEREAS, the County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, the Agencyis duly organizedand operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agency; and WHEREAS, parties agree that theutilization of combined communications and dispatch services system will be in the best interests of both the County and the Agency, WHEREAS, the County and the Agencymutually desire to be subject to the provisions ofthe Interlocal Cooperation Act of the V.T.C.A. Government Code, Chapter791; and NOW THEREFORE, the County and the Agency, for the mutual consideration hereinafter stated, agree and understand as follows: 1. PURPOSE.The Denton County Sheriff (“Sheriff”) has the facilities to provide emergency telecommunications and dispatch services throughout DentonCounty. The Agencywishes to utilize the Sheriff’s available telecommunications and dispatch services (“Services”) during the term of this agreement. 2. ADVISORY BOARD. The Denton County Sheriff’s Office will establish an Advisory Board for the Shared Governance Communication and Dispatch System “Advisory Board”.The membership of the board shall be the Chief of each Agency, or designee. The Advisory Board may advise and make recommendations to the Sheriff and the Sheriff’s Office on matters relating to the Communications Center, as well as the recommendations for the Annual Agency Workload and Cost Statistics, within the limitations set forth in paragraph 6.1, herein. 3. TERM OF AGREEMENT.The initial term of this Agreement shall be for a one year period beginning October1, 2019and ending on September 30, 2020. 4. TERMINATIONOF AGREEMENT.Either party may terminate this agreement, with or without cause, after providing ninety (90) days written notice to the other party. Pag e 1 Interlocal Cooperation Agreement for 2019-20 Shared Governance Communications & Dispatch Services System / Trophy Club Fire &Police Departments Town CouncilPage 52 of 69Meeting Date: April 23, 2019 5. ANNUALSERVICE FEE.Each Agency shall pay to the County a fee for services based on the workload generated by the Agency. 5.1.Agency shall pay to County theTotal Amount more fully described onExhibit “A”,the Agency Workload and Cost Statistics. 5.2.The Agency shall complete Exhibit “B”,Agency Payment Worksheet, to identify the payment terms preferred by Agency.Agency is responsible for sending payments to County. 5.3.The fee for service will be basedon the pro rata share of the workload generated by the Agency. 5.4.County agrees to provide Agency a proposed service fees for the next budget/fiscal year as agreed by the parties. 5.5If this Agreement is terminated prior to the expiration of the term of the Agreement, payment shall be pro-rated by written agreement between the parties. 5.6 Dispatch costs for the upcoming fiscal year are calculated utilizing 50% of the approved Communications Budget for the current fiscal year and agency workload statistics from the previous fiscal year. Agency workload percentages are calculated by: 5.6.1. Determining the agency’s percentage of total Calls For Service (CFS) 5.6.2 Determining the agency’s percentage of total Officer Initiated Activity (OIA) 5.6.3 Averaging the values from # 5.6.1 & # 5.6.2 5.6.4 Determining the percentage of OIA that is Mobile Data Computer (MDC)activity 5.6.5 Determining agency OIA that is not MDC Activity 5.6.6 Determining adjusted percentage of OIA that isMDC activity by dividing value of # 5.6.5 by total OIA 5.6.7 Determining agency CFS that are public requests by subtracting agency assists or mutual aid calls from the agency’s CFS 5.6.8 Determining adjusted percentage of total CFS that are public requests by dividing value of # 5.6.7 by total CFS 5.6.9 Determining agency workload percentage by calculating average of # 5.6.6 and # 5.6.8 5.6.10 Determining agency final cost by workload by multiplying value of # 5.6.9 against 50% of the approved Communications budget 6.COUNTY SERVICES AND RESPONSIBILITIES.The County agrees to provide the following services and responsibilities: 6.1 The Sheriff shall have the sole discretion as to the method of providing the Services including, but not limited to the order of response to calls, and shall be the sole judge as to the most expeditious and effective manner of handling and responding to calls for service or the rendering thereof. The Sheriff shall have the sole discretion as to the method and final decision regarding the annual workload and cost statistics. The Sheriff will devote sufficient time to insure the performance of all duties and obligations set forth herein. 6.2 County shall furnish full-time communications services including a twenty-four (24) hours a day, seven (7) days a week public safetyanswering point, radio services, dispatching Pag e 2 Interlocal Cooperation Agreement for 2019-20 Shared Governance Communications & Dispatch Services System / Trophy Club Fire &Police Departments Town CouncilPage 53 of 69Meeting Date: April 23, 2019 services, or law enforcement transmission originating from AGENCY requesting law enforcement and fire protection services and access to local, regional, state, and national data bases and telecommunications systems. 6.3 The services provided by County include the following: 6.3.1 twenty-four (24) hours a day, seven (7) days a week public safety answering point; 6.3.2.receiving emergency and routine calls for law enforcement, fire, and medical services; 6.3.3 directing a response to said calls by dispatching the appropriate law enforcement, fire, and medical services; 6.3.4. providing on-going communication support to the emergency personnel in the field; and 6.3.5 updating, maintaining, and managing the County owned radio communications system, computer systems, support files,and resource materials necessary to accomplish the above. 6.4County may add new Agencies not currently served by Denton County at the discretion of Denton County and the Denton County Sheriff’s Office. 7.AGENCYRESPONSIBILITIES.The Agency agrees tothe following responsibilities: 7.1 Providing accurate current GIS data of the corporate limits and extraterritorial jurisdiction of the Agency. 7.2Furnish County with a current list of all Officers and Reserves authorized by Agencyto use the communications system. 7.3Agency is responsible for the costs and upgrades associated with maintaining Agency’s communication equipment. 7.4Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules,policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes 7.5 Adherence to all Sheriff’s Office communications rules and regulations. 7.6Agency agrees to provide all necessary and required TLETS paperwork. See Exhibit “C”. 7.7Appoint representative and agree to participate in the Advisory Board. 7.8Agency is responsible for sending payments to County as more fully described in Exhibit “B”to this Agreement. 8. AGREEMENT. The parties acknowledge they have read and understand and intend to be bound by the terms and conditions of this Agreement. This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings, whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement. This Agreement may be amended only by written instrument signed by both parties. Pag e 3 Interlocal Cooperation Agreement for 2019-20 Shared Governance Communications & Dispatch Services System / Trophy Club Fire &Police Departments Town CouncilPage 54 of 69Meeting Date: April 23, 2019 9. AGREEMENT LIASONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Party to ensure full compliance with the terms and conditions of this Agreement. 10. ASSIGNMENT. Neither party shall assign, transfer, or sub-contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. 11. AGENCY LIABILITY. TheAgencyunderstands and agrees that the Agency, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the County. The Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed by Texas law. 12.COUNTY LIABILITY. The County understands and agrees that the County, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of the Agency. The County shall not be required to indemnify nor defend Agency for any liability arising out of the wrongful acts of employees or agents of Agencyto the extent allowed by Texas law. 13. DISPUTES/RECOURSE. County and Agency agree that any disputes or disagreements that may arise which are not resolved at the staff level by the parties should be referred to the Appointed Liaisons for each entity. Any further disputes arising from the failure of either Agency or County to perform and/or agree on proportionate reduction in fees shall be submitted to mediation, with the parties splitting the mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay or entitlement, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. 14. EXHIBITS. Attached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit AAgency Workload and Cost Statistics Exhibit BAgency Payment Worksheet Exhibit CTEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 15. MULTIPLE ORIGINALS. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Pag e 4 Interlocal Cooperation Agreement for 2019-20 Shared Governance Communications & Dispatch Services System / Trophy Club Fire &Police Departments Town CouncilPage 55 of 69Meeting Date: April 23, 2019 16. NOTICES. All notices, demands or other writings may be delivered by either party by U.S. First Class Mail or by other reliable courier to the parties at the following addresses: County:1Denton County Judge Denton County Commissioners Court 110 West Hickory, Room #207 Denton, Texas 76201 2Denton County Sheriff Denton County Sheriff’s Office 127 N. Woodrow Lane Denton, Texas 76205 3Assistant District Attorney Counsel to the Sheriff 127 N. Woodrow Lane Denton, Texas 76205 Name of Agency:Town of Trophy Club Fire & Police Departments Contact PersonMayor C. Nick Sanders Address1 Trophy Wood Dr. City, State, ZipTrophy Club, TX 76262 Telephone682-237-2900 Emailnsanders@trophyclub.org 17. SEVERABILITY. The validity of this Agreement and/or any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this Agreement shall be performed and all compensation payable in Denton County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 18. THIRD PARTY. This Agreement is made for the express purpose of providing communications and dispatch services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by law. This Agreement is not intended to create any liability for the benefit of third parties. 19. VENUE. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 20. WAIVER. The failure of County or Agency to insist upon the performance of any term or provision of this Agreement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either party’s right to assert or rely upon any such term or right, or future breach of such provision, on any future occasion. 21. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been properly authorized to sign on behalf of their governmental entity. Pag e 5 Interlocal Cooperation Agreement for 2019-20 Shared Governance Communications & Dispatch Services System / Trophy Club Fire &Police Departments Town CouncilPage 56 of 69Meeting Date: April 23, 2019 22. CURRENT FUNDS. All payments made by Agency to County pursuant to this Agreement shall be from current revenues available to Agency. 23. DISPATCH & COMMUNICATION RECORDS. The parties acknowledge that the Denton County Sheriff’s Office may release dispatch and communication records of Agency pursuant to the Texas Public Information Act until such a time that the parties agree to transfer such responsibility to Agency. DENTON COUNTY, TEXASAGENCY ______________________________________________________________________________ Andy Eads, County JudgeC. Nick Sanders, Mayor Denton County Commissioners Court Town of Trophy Club 110 West Hickory, Room #207 1 Trophy Wood Dr. Denton, Texas 76201 Trophy Club, TX 76262 (940)349-2820 682-237-2900 EXECUTED duplicate originals on this EXECUTED duplicate originals on this Date:________________________Date:___________________________ Approved as to content: Approved as to content: _____________________________ _____________________________ Denton County Sheriff’s Office Fire Chief Wade Carroll _____________________________ Police Chief Patrick Arata Approved as to form: Approved as to form: _____________________________ _______________________________ Assistant District AttorneyAttorney for Agency Counsel to the Sheriff Pag e 6 Interlocal Cooperation Agreement for 2019-20 Shared Governance Communications & Dispatch Services System / Trophy Club Fire &Police Departments Town CouncilPage 57 of 69Meeting Date: April 23, 2019 Town CouncilPage 58 of 69Meeting Date: April 23, 2019 Exhibit B 2019-20 Budget Year Denton County Sheriff’s Office Communications Agreement Agency Payment Worksheet Town of Trophy ClubFire & Police Agency: Departments April Duvall Payment Contact Person: 682-237-2900 Phone Number: 1 Trophy Wood Dr Address: Trophy Club, TX 76262 City, State, Zip $7,971.00Fire $ 41,154.00 Police $49,125.00 Total AGENCY TOTAL AMOUNT DUE Agency Should Include this Worksheet with Each Payment Sent to Denton County. Make checks payable to: Denton County Communications Agreement Payments Mail payments to: Denton County Auditor 401 W. Hickory, Suite 423 Denton, Texas 76201-9026 1 One Annual Payment (100%) 4 Payment Plan Options 2 Two Payments (50%) Agency MUST 3 Four Payments (25%) Select One Payment Option 4 Twelve Monthly Payments 5 Other Payment Option Town CouncilPage 59 of 69Meeting Date: April 23, 2019 Exhibit C TEXAS LAW ENFORCEMENT TELECOMMUNICATION SYSTEM (TLETS) NON - TWENTY-FOUR HOUR TERMINAL AGENCY AGREEMENT 2019-2020 Twenty-Four Hour Terminal Agency DENTON COUNTY SHERIFF’S OFFICE Trophy Club Police Department Non Twenty-Four Hour Terminal Agency This document constitutes an agreement between the following parties: The Twenty-Four Hour Terminal Agency agrees to make entries into the Texas Crime Information Center (TCIC) and the National Crime Information Center (NCIC) computers for the Non Twenty-Four Hour Terminal Agency. All records must be entered with the Twenty-Four Hour Agency’s ORI, and all case reports and original warrants must be held at the Twenty-Four Hour Agency for hit confirmation purposes. The Non Twenty-Four Hour Agency agrees to abide by all laws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. The Twenty-Four Hour Agency reserves the right to suspend service to the Non Twenty-Four Hour Agency which may include canceling of records entered for the Non Twenty-Four Hour Agency when applicable policies are violated. The Twenty-Four Hour Agency may reinstate service following such instances upon receipt of satisfactory assurances that such violations have been corrected. In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non Twenty-Four Hour Agency agrees to maintain accurate records of all TCIC/NCIC entries made through the Twenty-Four Hour Agency and to immediately notify the Twenty-Four Hour Agency of any changes in the status of those reports to include the need for cancellation, addition, deletion or modification of information. The Twenty-Four Hour Agency agrees to enter, update and remove all records for the Non Twenty-Four Hour Agency on a timely basis, as defined by NCIC. In order to comply with NCIC Validation requirements, the Non Twenty-Four Hour Agency agrees to perform all validation procedures as required by NCIC on all records entered through the Twenty-Four Hour Agency. Either theTwenty-Four Hour Agency or the Non Twenty-Four Hour Agency may, upon thirty days written notice, discontinue this agreement. To the extent allowed by the laws of the State of Texas, the Non Twenty-Four Hour Agency agrees to indemnify and save harmless the Twenty-Four Hour Agency as well as the DPS, its Director and employees from and against all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrests or imprisonment or any cause of the Non Twenty-Four Hour Agency or its employees in the exercise of the enjoyment of this Agreement. In witness whereof, the parties hereto caused this agreement to be executed by the proper officers and officials. DENTON COUNTY SHERIFF’S OFFICEAGENCY Signature: Signature: Tracy MurphreePatrick Arata By:By: Police Chief Denton County Sheriff Title:Title: Date:________________________________Date: Town CouncilPage 60 of 69Meeting Date: April 23, 2019 1 Trophy Wood Drive Town of Trophy Club Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2019-169-T1 Type:Status: Agenda ItemRegular Session File created:In control: 4/9/2019Town Council On agenda:Final action: 4/23/2019 Title: Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 2, 2019 as Day of Prayer in Trophy Club; and providing an effective date (Mayor Sanders). Attachments: PRO 2019-06 - Day of Prayer.pdf DateVer.Action ByActionResult Agenda Item No. 6: ConsiderandtakeappropriateactionregardingaProclamationoftheTownCouncilrecognizingMay2,2019asDayof Prayer in Trophy Club; and providing an effective date (Mayor Sanders). Town CouncilPage 61 of 69Meeting Date: April 23, 2019 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2019-06 A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, RECOGNIZING MAY 2, 2019 AS DAY OF PRAYER IN TROPHY CLUB; RECOGNIZING THAT 2019 IS THE 68TH CONSECUTIVE ANNUAL OBSERVANCE OF THE NATIONAL DAY OF PRAYER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,public prayer and national days of prayer have a long and significant history in American tradition 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, andthe call to prayer has continued throughoutour history, including President Lincolns proclamation of a day of“humiliation, fasting, and prayer”in 1863; 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 amendedand signed by President Reagan, permanentlysetting the day as the first Thursday of every May; and WHEREAS,the National Day of Prayer is a vital part of our nations heritage as it enables us to recall and teach the way in which our forefathers 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 to honor Godand to give Him thanks for the many liberties and blessings we have received, among them the freedom to gather, worship and pray; and th WHEREAS,Thursday, May 2, 2019, is the 68 Observance of the National Day of th Prayerin our nationand simultaneously the 27consecutive observance for the citizens in this 76262 community, having as its themefor this year:Love One Another, based upon John 13:34, "Love one another. Just as I have loved you”;and WHEREAS,on this National Day of Prayer we come together as leaders and citizens in unity as one nationunder Godto seek His divine guidance,protection, and strength to meet the challenges that we face both present and future, and to pray for peace throughout our nation and the world. NOW, THEREFORE, I,C. Nick Sanders, in conjunction with the Town Council of the Town of Trophy Club, Texas by the Power vested in me as Mayor of Trophy Club,hereby proclaim Thursday, May 2, 2019, as a DAY OF PRAYER in Trophy Club to coincide with the NATIONAL DAY OF PRAYER and that this proclamation shall take effect from and after its date of passage, in accordance with law; and it is so proclaimed. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 23rdday of April 2019. _______________________________ ________________________________ Holly Fimbres, Town Secretary C. Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town CouncilPage 62 of 69Meeting Date: April 23, 2019 1 Trophy Wood Drive Town of Trophy Club Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2019-170-T1 Type:Status: Agenda ItemRegular Session File created:In control: 4/9/2019Town Council On agenda:Final action: 4/23/2019 Title: Discussion of items for Future Agendas to include agenda items for consideration on the May 14, 2019 Council agenda and items from the Town Council Future Agenda Items list (T. Class). Attachments: May 14, 2019 Proposed Council Meeting Agenda.pdf Town Council Future Agenda Items List updated 04-17-2019.pdf DateVer.Action ByActionResult Agenda Item No. 7: DiscussionofitemsforFutureAgendastoincludeagendaitemsforconsiderationontheMay14,2019Councilagenda and items from the Town Council Future Agenda Items list (T. Class). Town CouncilPage 63 of 69Meeting Date: April 23, 2019 Meeting Date: May 14, 2019 Regular Session Start Time 7:00 p.m. STAFF No. Regular SessionRESORDPROCFile ID Dept RPT Consider and take appropriate action regarding a Resolution recognizing Council Member Lamont for his service to the Town of Trophy Club and remarks to and 1Town Sec from Council Member Lamont (T. Class). Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Town’s General Election held on May 4, 2019 for the purpose of electing one (1) Councilmember for Place No. 5 and one 2Town Sec (1) Councilmember to Place No. 6 on the Trophy Club Town Council, each for a term of three (3) years; and providing an effective date (T. Class). Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of the Town’s Special Election held on May 4, 2019 for the purpose of electing one (1) Councilmember for Place No. 3 to the 3Town Sec Town Council to fill the remainder of an unexpired term of office (term expiring May 2021); and providing an effective date (T. Class). Administration of Oath of Office and presentation of Certificate of Election for Council Member Place 3, Council Member Place 5, and Council Member Place 6 (T. 4Town Sec Class). Remarks to and from Council Member Place 3, Council Member Place 5, and 5Town Sec Council Member Place 6 (T. Class). No. Announcements & ReportsFile IDDept Receive Town Manager Class' update and provide input regarding the following (T. 6Town Mgr Class): Receive Town Council Liaison update; discussion of same (T. Class): 7Town Sec STAFF No. ConsentRESORDPROCFile IDDept RPT ConsiderandtakeappropriateactionregardingtheTownCouncilRegularSession 8Town Sec Minutes dated April 23, 2019 (T. Class). Consider and take appropriate action regarding the award of bids for paving and drainage improvements for Trophy Club Drive, Sundance Court, and Meadowbrook 9Com Dev Drive; and authorizing the Mayor or his designee to execute all necessary documents (T. Class). Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 2019, as Children's Mental Health Awareness Month in 10Town Sec Trophy Club; and providing an effective date (Mayor Sanders). Consider and take appropriate action regarding a Resolution, denying the Oncor 11Admin Distribution Cost Recovery Factor filing; and providing an effective date (T. Class). STAFF No. Regular SessionRESORDPROCFile ID Dept RPT Consider and take appropriate action regarding a Proclamation of the Town Council recognizing May 12-18, 2019, as National Police Week in Trophy Club in conjunction with National Police Week and May 15, 2019, as National Peace 12Town Sec Officers Memorial Day in Trophy Club; and providing an effective date (Mayor Sanders). Town CouncilPage Page 1 of 2 64 of 69Meeting Date: April 23, 2019 STAFF No. Upcoming Agenda & Council Future Agenda Items List UpdateRESORDPROCFile IDDept RPT Discussion of items for Future Agendas to include agenda items for consideration on the May 28, 2019 Council agenda and items from the Town Council Future 13Town Sec Agenda Items list (T. Class). Discussion of and possible action regarding restricting Short Term Rentals. A) (Lamont 9/11/2018) (1-February 12, 2019) (2-May 14, 2019) STAFF No. Executive SessionRESORDPROCFile IDDept RPT Pursuant to the following designated section of the Texas Government Code, Annotated, Chapter 551 (Texas Open Meetings Act), the Council will convene into 14Town Sec executive session to discuss the following: Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase, exchange, lease, or value of real property if deliberation in an open A) meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tem Shoffner and Council Member Jensen) STAFF No. Regular SessionRESORDPROCFile IDDept RPT Consider and take appropriate action regarding the Executive Session (T. Class). 15Town Sec Town CouncilPage Page 2 of 2 65 of 69Meeting Date: April 23, 2019 Town Council Future Agenda Items List (Updated 04/17/2019) 1. Review negotiating with the Trophy Club Municipal Utility District No. 1 to transfer the title for the land that the Annex Building is built on and the maintenance building by the Wastewater Treatment Plant. (Lamont 11/10/2015) (1-February 9, 2016)(2-May 10, 2016) (3-August 9, 2016) (4-November 8, 2016) (5-February 14, 2017) (6-May 23, 2017) (7-May 22, 2018) (8-August 28, 2018) (9-December 11, 2018) (10-April 9, 2019) (11-July 23, 2019) 1/12/2016 – At the January 12, 2016 Council meeting, Council made TCMUD No. 1 an offer regarding the Annex Building. 5/10/2016 - Town Manager Seidel advised that Town Staff are continuing to work on this item. 8/9/2016 - Mayor Sanders advised that several items have taken precedence and that this item can remain on the list until the applicable time to deal with it. 9/19/2016 – This item was scheduled to be placed on a future Joint Meeting agenda, tentatively for January 2017, with the TCMUD No. 1 Board of Directors. 11/8/2016 – Council consensus was to leave this item on the Future Agenda Items list. 2/20/2017 – Council moved this item to be discussed during the February 25, 2017 Council Retreat. 3/28/2017 – Mayor Sanders added the maintenance building by the Wastewater Treatment Plant to this item. 5/23/2017 - Mayor Sanders advised that his intent was that the Annex Building would be utilized for Town storage after Staff relocated into the new Town Hall facility. 5/22/2018 – Direction was given to place the above items on the Joint Session agenda between Council and the TCMUD No. 1 Board of Directors that would occur in July 2018. 8/28/2018 – There was no new update to provide. 12/11/2018 – Town Manager Class provided an update during Executive Session. 4/9/2019 – Town Manager Class provided an update during Executive Session. 2. Receive an update from Town Staff regarding Entryway Monumentation and Landscaping for the Town of Trophy Club. (Sanders 2/27/2018) (1-May 22, 2018) (2-August 28, 2018) (3-December 11, 2018) (4-March 26, 2019) (5-June 25, 2019) 5/22/2018 – Town Planner Payne provided an update regarding Entryway Monument signs, Wayfinding signs, and Parks signs. Council gave direction to bring back a plan for repairing and updating Parks monument signs and a plan for standardizing trailhead signs. 8/28/2018 – Town Planner Payne presented an update regarding Park signage. Council provided feedback on the design for Park signage. 12/11/2018 – Town Planner Payne provided an updateand Council directed Staff to move forward with preparing an RFP for Parks signage with Town logos and without Town logos. 3/26/2019 – Town Planner Payne provided an update regarding entryway monumentation and wayfinding signage. Council directed Staff to move forward with entryway monumentation. 3. Discussion of and possible action between the Town and EDC 4B regarding long range planning to use the parcel between Bread Winners and Trophy Club Town Hall. (Sanders 7/24/2018) (1-October 23, 2018) (2-April 9, 2019) (3-July 23, 2019) 10/23/2018 – Council recommended giving the liaison direction during the Executive Ses- sion and that information could be provided to the EDC 4B through the liaison without a Page 1 of 2 Town CouncilPage 66 of 69Meeting Date: April 23, 2019 joint meeting. 4/9/2019 – Town Manager Class provided an update during Executive Session. 4. Discussion of and possible action regarding restricting Short Term Rentals. (Lamont 9/11/2018) (1-February 12, 2019) (2-May 14, 2019) 11/13/2018 – Discussion took place to keep this item until some of the pending Court of Appeal cases had been ruled on. 2/12/2019 – Town Attorney Dodd provided an update specific to the City of Austin’s case. The Court of Appeals switched the panel from three judges to another three judges and the City of Austin changed attorneys. Page 2 of 2 Town CouncilPage 67 of 69Meeting Date: April 23, 2019 1 Trophy Wood Drive Town of Trophy Club Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2019-171-T1 Type:Status: Agenda ItemExecutive Session File created:In control: 4/9/2019Town Council On agenda:Final action: 4/23/2019 Title: 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)Section 551.072 Deliberation regarding Real Property to discuss or deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: North of State Highway 114, east of Trophy Club Drive and west of Town limits (Mayor Pro Tem Shoffner and Council Member Jensen) B)Section 551.074 Personnel Matters to discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee and Section 551.071 under Subsection (2) Consultation with Attorney to consult with its attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. 1) Simon D. Whiting with Burford & Ryburn, L.L.P. (Mayor Sanders) 2) Town Manager Thomas M. Class, Sr. (Mayor Sanders) Attachments: DateVer.Action ByActionResult Agenda Item No. 8: PursuanttothefollowingdesignatedsectionoftheTexasGovernmentCode,Annotated,Chapter551(TexasOpen Meetings Act), the Council will convene into executive session to discuss the following: A)Section551.072DeliberationregardingRealPropertytodiscussordeliberatethepurchase,exchange,lease,or valueofrealpropertyifdeliberationinanopenmeetingwouldhaveadetrimentaleffectonthepositionofthe governmental body in negotiations with a third person: NorthofStateHighway114,eastofTrophyClubDriveandwestofTownlimits(MayorProTemShoffnerandCouncil Member Jensen) B)Section551.074PersonnelMatterstodiscussordeliberatetheappointment,employment,evaluation, reassignment,duties,disciplineordismissalofapublicofficeroremployeeandSection551.071underSubsection (2)ConsultationwithAttorneytoconsultwithitsattorneyonamatterinwhichthedutyoftheattorneytothe governmentalbodyundertheTexasDisciplinaryRulesofProfessionalConductoftheStateBarofTexasclearly conflicts with the Texas Open Meetings Act. 1) Simon D. Whiting with Burford & Ryburn, L.L.P. (Mayor Sanders) 2) Town Manager Thomas M. Class, Sr. (Mayor Sanders) Town CouncilPage 68 of 69Meeting Date: April 23, 2019 1 Trophy Wood Drive Town of Trophy Club Trophy Club, Texas 76262 Legislation Details (With Text) File #: Version:Name: 2019-172-T1 Type:Status: Agenda ItemRegular Session File created:In control: 4/9/2019Town Council On agenda:Final action: 4/23/2019 Title: Consider and take appropriate action regarding the Executive Session (T. Class). Attachments: DateVer.Action ByActionResult Agenda Item No. 9: Consider and take appropriate action regarding the Executive Session (T. Class). Town CouncilPage 69 of 69Meeting Date: April 23, 2019