Minutes TC 06/28/2016 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS
Tuesday,June 28,2016 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, June 28, 2016. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders Mayor
Greg Lamont Mayor Pro Tem, Place 5
Jim Parrow Council Member, Place 1
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3 arrived at 6:52 p.m.
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Town Manager
David Dodd Town Attorney
Steven Glickman Assistant Town Manager/CFO
Holly Fimbres Town Secretary/RMO
Adam Adams Parks and Recreation Director
Patrick Arata Police Chief
Pat Cooke Development Services Manager
Carmel Fritz Human Resources Manager
Amber KarkauskasTown Controller
Rick Lasky Interim Fire Chief
Mike Pastor Information Services Director
Ron Ruthven Town Planner
John Zagurski Strategic Services Coordinator
Mayor Sanders announced the date of Tuesday,June 28, 2016, called the Town Council to order and announced a
quorum at 6:00 p.m.
(Town Secretary Note: The agenda items were presented in the following order: Workshop Session; Citizen
Presentations; Announcements and Reports; Consent Agenda; Item No. 9; Item No. 10; Item No. 11; Item No. 12;
Item No. 13; Executive Session;and Item No. 15)
WORKSHOP SESSION
1. Discussion of Town Attorney duties, Open Meetings Act, Public Information Act, and general litigation;
discussion of same(Staff).
Town Attorney Dodd discussed his general opinion regarding litigation and advised that his duty was to keep the
Council prepared and informed. He explained the general rules regarding the Open Meeting Acts and Public
Information Act and provided examples of case lawsuits. He stated that Attorney-Client Privilege Communications
belong to the client,the Council, and the privilege binds him as the attorney. He advised that one Council Member
could discuss the privilege,which would then waive the entire right of the Council.
Discussion ensued regarding walking quorums, personal business versus Town business, and appropriate replies to
emails on non-vote able items.
Town Attorney Dodd discussed proper communication with individuals and developers. He advised that the Town
Manager's duty was to keep the Council informed about upcoming agenda items and that the Open Meetings Act
was meant for Council's deliberations to be open to the public. Additionally, he explained that there was not an
issue if a quorum of Council attended another entity's meeting without a notice of possible quorum being posted,
but he recommended that they not express the opinion of the body.
RECESSED AT 6:50 P.M. FOR A BREAK
RECONVENED AT 7:00 P.M.INTO REGULAR SESSION
REGULAR SESSION
The Invocation was offered by Council Member Parrow.
The Pledges to the American Flag and Texas Flag were led by Council Member Kurtz.
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.
Darryl Howard, 7 Meadow Creek Court, submitted five (5) complaints against Greg Lamont to the Council and
provided a summary of his complaints.
Mayor Sanders requested an opinion from the Town Attorney regarding the appropriateness to hear the
complaints prior to the Ethics Commission receiving the complaints.
Town Attorney Dodd acknowledged that the five(5) complaints were received on June 28, 2016 and not the date
of which the complaints were notarized. He advised that the Ethics Commission was the appropriate forum for the
complaints and that he would be in contact with Mr.Howard regarding the process.
After requesting to address a couple of facts, Mr. Howard commented that in 2003 the Town filed a condemnation
suit against the Lakes of Trophy Club Homeowners Association (HOA) in order to make Town improvements, in an
attempt to allow recreation and public use of the property. He stated that currently there is an explicit sign that
the property was only for the HOA resident's use. He felt the larger issues were responsibility and authority, and
he wanted to work together to come up with the right decisions for the community.
Judy Howard, 7 Meadow Creek Court, expressed her opinion that if an individual had a comment or issue with
remarks that she made on a public forum then they needed to address her as opposed to her husband. She
expected more professionalism and thanked the Council for their time.
ANNOUNCEMENTS AND REPORTS
2. Town Manager Seidel's update regarding the following;discussion and provide input regarding same(Staff):
*July 4th Celebration Event
*Lakeview Soccer
*Town Hall
Town Manager Seidel updated the Council and addressed questions; no action was taken on this item.
Town Council Minutes June 28,2016 Page 2 of 8
3. Town Council Liaison Updates;discussion of same(Staff):
*Animal Shelter Advisory Board,June 21,2016
Council Liaison-Council Member Philip Shoffner
Council Member Shoffner updated the Council and addressed questions; no action was taken on this item.
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.
4. Consider and take appropriate action regarding the Minutes dated May 23, 2016 (Staff). (Town Secretary
Note:Approved as presented in the Town Council agenda packet)
5. Consider and take appropriate action regarding the Minutes dated June 7, 2016 (Staff). (Town Secretary
Note:Approved as presented in the Town Council agenda packet)
6. Consider and take appropriate action regarding financial and variance report dated May 2016(Staff).
7. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town
and Denton County for the Fiscal Year 2016-2017 Shared Governance Communications and Dispatch
Services System; and authorizing the Mayor or his designee to execute all necessary documents(Staff).
8. Consider and take appropriate action regarding a Site Access Agreement between the Town and Verizon
Wireless for access to the property located at 2901 Bobcat Boulevard; and authorizing the Mayor or his
designee to execute all necessary documents(Staff).
Motion:
Motion made by Mayor Pro Tern Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
Items 4 through 8.
Motion passed unanimously.
4
REGULAR SESSION
9. Receive an update from Tim McClure with Northwest Independent School District regarding NISD growth;
discussion of same(Staff).
Tim McClure, District Architect and Planner with Northwest Independent School District (NISD), provided an
update regarding NISD growth, which included the following: NISD Municipalities; NISD Aerials in 1996, 2001,
2005, 2008, 2011, 2014, and 2016; Fast Growth Districts; Annual Closing Distribution 1016;Vacant Developed Lots
1Q16; Future Lots 1Q16; Overall Housing Data; Project Blizzard; Ten Year Forecast (green areas represented
schools within five (5) percent of their capacity and yellow areas represented schools over capacity); Texas
Education Code Section 25.112; and Beck Elementary School structure with Optimal Class Counts and with
Projected Class Counts.
Council Member Reed inquired about the statistical data on the breakdown of children per household for the
future 24,000 single-family homes to be built within NISD. Mr. McClure responded that across the District they
averaged about.5 children per household,which would equate to approximately 12,000 additional children.
After being asked about the ability for schools to expand within the District, Mr. McClure stated that with the
exception of the original eight schools, the District anticipated to eventually have all the newer schools at an 850
capacity.
Town Council Minutes June 28, 2016 Page 3 of 8
Mr. McClure explained that the Texas Education Code Section 25.112 required that a school district may not enroll
more than 22 students in a kindergarten, first, second, third, or fourth grade class, which is the reason for NISD
approaching the Town requesting a temporary portable building. He advised that NISD planned to begin the
development process to construct two additional classrooms after the funds became available through a bond
election in May 2017.
Council recommended alternative solutions that included changing the boundary lines and redirecting students to
schools that were within capacity.
Council Member Shoffner advised that when he was first elected to serve on Council, a representative from NISD
advised that capacity at Beck Elementary would be expanded from 650 to 850 and that no other additions would
be needed. He reiterated Council's concern of safety for the students and residents, as well as the issue with high
traffic. He noted that his concern was that since he had been on Council, there have not been any new plats
approved and there have been several instances by the dog park or by Canterbury Hills where the boundary line
could have been changed to redirect students.
Council Member Reed commented that NISD built Beck Elementary to serve 850 students and the issue of traffic
congestion will not change based on the additional classrooms.
Mayor Sanders inquired about NISD's plan to move forward given that the item was tabled at a Planning and
Zoning (P&Z) Commission meeting and the time constraint to publish a public notice prior to the item being
presented at another P&Z Commission meeting.
Mr. McClure responded that there had not been much discussion regarding alternative solutions because NISD had
been waiting for the item to go back before the P&Z Commission. He explained that NISD would have to decide
alternative solutions, and provided examples of possible options of having a classroom on the stage or having
music and art go by cart to classrooms.
Town Planner Ruthven advised the P&Z Commission had a workshop on this item the prior week and they directed
Staff to come back with amendments to the Code of Ordinances. In order to proceed with that direction, a public
notice would be required and the earliest for the P&Z Commission to consider those amendments would be in the
middle of July; therefore the earliest Council could consider the amendments would be at the August 9, 2016
meeting.
Mayor Sanders encouraged Mr. McClure to go back to the School Board to let them know that the Town desired
the District to review relocating boundary lines and relocating some students to help alleviate traffic issues for the
next 10 to 20 years.
Mr. McClure responded that the school's capacity will remain at 850. He explained that the District moved
forward with a temporary solution of a portable building based on prior portable buildings being allowed within
the Town. He noted that the Town currently does not have an ordinance in place specific to portable buildings.
Council Member Shoffner commented that there was not a guarantee that the District's Bond Election would pass
in order to construct the additional classrooms. He added that it would be beneficial to know what grade levels
and security mechanisms would be in place for the proposed portable building.
Wendy Murray, 2522 Roseville Drive, stated that the current ordinance required a set amount of distance from a
portable building to a residential area, which could be the possible reason portables were allowed at Lakeview
Elementary.
Maria Mettifogo, 2717 Trophy Club Drive, commented that the proposed portable building would be closer in
proximity to residential area than the portables at Lakeview Elementary. She added that physical education and
art are State mandatory subjects.
Mayor Sanders was not in favor of amending Town ordinances to reduce the setback for portable buildings to be
closer to residential areas. He preferred to have the ability to grant an acceptation and Council agreed with the
Mayor's statement.
Town Council Minutes June 28,2016 Page 4 of 8
No action was taken on this item.
RECESSED AT 9:02 P.M. FOR A BREAK
RECONVENED AT 9:10 P.M.INTO REGULAR SESSION
10. Receive presentation and provide direction to Town Staff regarding Fiscal Year 2017 General Fund
Expenditures and Supplemental Items;discussion of same(Staff).
Assistant Town Manager/CFO Glickman presented the Fiscal Year 2017 General Fund Expenditures and
Supplemental Items, which included the following: Overview; Personnel Adjustments; Fiscal Year 2017 Capital and
Equipment Replacement; Fiscal Year 2017 Supplemental Items (One-Time Expenditures); Fiscal Year 2017
Supplemental Items (Ongoing Expenditures); Manager's Office; Legal; Police; EMS; Streets; Medians; Parks;
Recreation; Community Events; Planning and Zoning; Community Development; Finance; Municipal Court; Human
Resources; Information Services; Facility Management; Other Sources/Uses; Expenditure Summary; Budget
Summary; and General Fund Five-Year Forecast.
Council Member Shoffner was in favor of removing the Independence Park West Scoreboards from Supplemental
Items and structuring the item to another budgeted category. Council Member Reed was in favor of removing the
scoreboards, as well as the Freedom Park Automatic Gate System. Council Member Rowe was in favor of
removing the automatic gate system.
Discussion took place that the cost for the Supplemental Item for Backup Police Department Data Storage was due
to having to meet Criminal Justice Information System requirements. Additional conversation ensued regarding
the Supplemental Item for NeoGov, Human Resource software that assists with automating the hiring,onboarding,
and performance evaluation process, which is currently being done manually. Discussion developed about the
Supplemental Item for Customer Relationship Management Mobile App that would be an improved experience for
residents to submit and receive updates on issues they submit to the Town.
Conversation took place that the Council was not in favor of providing a stipend or merit raise to individuals who
needed improvement. Lengthy discussion occurred regarding the following Supplemental Items: reclassifying of a
few Parks and Recreation positions to help absorb the vacant PIO/Marketing Manager position; the additional
position of Building Inspector/Building Maintenance Technician to meet the demands and expectations of
residents in order to provide quality service; and the additional position of Investigative Assistant for Police that
would assist with processing cases that go through the Court system.
Council Member Parrow suggested budgeting the Veterans and Memorial Day events using hotel occupancy tax
funds.
Mayor Sanders suggested categorizing the Supplemental Items by listing them in highest priority to lowest priority
and having an additional Council meeting to discuss the Supplemental Items.
No action was taken on this item.
11. Consider and take appropriate action regarding TMRS CPI adjustment(Staff).
Motion:
Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont,to set funding of the TMRS CPI adjustment
to 30 percent.
Motion passed unanimously.
12. Consider and take appropriate action regarding the Town's offer to take over Trophy Club Municipal Utility
District No. 1 debt for the Fire Station building and the capital lease of the ladder truck,and the purchase of
all wholly and jointly owned assets of the Fire Department;discussion of same(N.Sanders).
Mayor Sanders advised that the offer that the Town submitted to Trophy Club Municipal Utility District (TCMUD)
No. 1 was turned down. TCMUD No. 1 provided a counteroffer to take over Emergency Medical Services (EMS)
and rescinded their previous action to cancel the Interlocal Agreement for Fire Department Personnel Services.
Town Council Minutes June 28, 2016 Page 5 of 8
Council Member Parrow felt that it would be most appropriate to have Fire and EMS under the management of
the Town Manager, which would be in the best interest of the community to have all safety and emergency
reporting to one entity.
Council Member Kurtz requested that due diligence be done and to have the Town Manager and TCMUD No. 1
General Manager provide information on the two pension systems. Mayor Sanders agreed and stated that there
had been a lack of understanding as to the outcome of a possible switch of pension systems related to the rate and
contribution.
Council Member Shoffner hoped that the TCMUD No. 1 outcome would have been different but he believed that
the Council should review the TCMUD No. 1 counteroffer for the benefit of the Fire and EMS personnel.
Additionally, he was in favor of entering into Executive Session to discuss and review proposed changes to the
TCMUD No. 1 agreement.
Town Manager Seidel and Assistant Town Manager/CFO Glickman explained that the information that was
discussed by the TCMUD No. 1 Board of Directors related to values and rates were financially inaccurate. Council
discussed discrepancies of TCMUD No. 1 statistics and to possibly have a joint meeting with the TCMUD No. 1.
Council Member Parrow suggested that the Town have a testing period to manage Fire and EMS while allowing
TCMUD No. 1 to address their financial concerns. Council Member Kurtz was in favor of having an open meeting to
discuss the pros and cons from each manager, as well as having the pension system representatives present to
address questions.
Discussion took place regarding TCMUD No. 1 requesting information on Fire and EMS Staff and setting up a
meeting with Staff and pension representatives.
No action was taken on this item. (Town Secretary Note:The action was taken through Item No. 15)
13. Discussion of items for Future Agendas to include agenda items for consideration on the upcoming Regular
Session Council Agenda for July 12, 2016 meeting and items from the Town Council Future Agenda Items
list.
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.
Mayor Sanders requested to remove Item No. 5 from the July 12, 2016 Consent Agenda, Consider and take
appropriate action regarding an Interlocal Agreement between the Town and Northwest Independent School
District for School Resource Officer services for Fiscal Year 2016-2017; and authorizing the Mayor or his designee
to execute all necessary documents. Additionally, Mayor Sanders requested to place Item No. 12 onto the Consent
Agenda and name the same person that was nominated, Consider and take appropriate action regarding a
Resolution nominating one (1) member to serve on the Board of Managers of the Denco Area 9-1-1 District; and
providing an effective date.
Mayor Pro Tem Lamont requested to remove Item No. 11 from the Town Council Future Agenda Items list, which
removed Item No. 16 (B) from the July 12, 2016 Council agenda: Review of transferring the Code Enforcement
Officer and the duties of the position to the Police Department. (Lamont 4/12/2016)(1-July 12,2016)
Council Member Rowe requested to add an item to the July 12, 2016 Council agenda, Consider and take
appropriate action regarding the Board and Commission Appointment process and the Trophy Club Handbook for
Elected and Appointed Officials.
Town Council Minutes June 28,2016 Page 6 of 8
Mayor Sanders requested to remove Item No. 7 from the Town Council Future Agenda Items list: Discussion of
Interlocal Agreements with TCMUD No. 1 for Fire services and billing services such as trash,drainage,etc. (Sanders
1/26/2016)(1-April 26,2016) (2-August 9, 2016)
Council Member Kurtz requested to add an item to the Town Council Future Agenda Items list and Mayor Sanders
supported adding the item: Discussion of and possible action regarding how the Town is involved in a Lacrosse
league within the Town.
Council Member Shoffner requested to remove Item No. 12 from the Town Council Future Agenda Items list:
Explore the method used for building remodel requirements. (Shoffner 5/10/2016)(1-August 9, 2016)
EXECUTIVE SESSION
14. Pursuant to the following designated sections 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 551.071 Consultation with Attorney under Subsection (1) when the governmental body seeks
the advice of its attorney about pending or contemplated litigation and Subsection (2)for consultation
with its attorney on a matter in which the duty of the attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open
Meetings Act(551.071(1)and (2)):
Legal advice regarding fire and emergency medical services,Interlocal Agreements with the Trophy Club
Municipal Utility District No. 1 for Fire Department Services, Personnel Services,and related matters.
B. Section 551.072 Deliberations regarding Real Property to 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:
Trophy Club Fire Station
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:
Trophy Club Fire and EMS Personnel
CONVENED INTO EXECUTIVE SESSION-START TIME—11:43 P.M.
RECONVENED INTO REGULAR SESSION-START TIME—12:43 A.M.
RECONVENED INTO REGULAR SESSION
15. Consider and take appropriate action regarding the Executive Session.
Agenda Item 14(A)Motion:
Motion made by Council Member Rowe, seconded by Mayor Pro Tern Lamont, to accept and acknowledge the
rescinding of the cancellation of the Interlocal Agreement for Fire Department Personnel Services that the TCMUD
No. 1 approved at their June 21,2016 meeting.
Mayor Sanders' understanding of the action that TCMUD No. 1 took was that the previous agreement was back
into effect.
Council Member Rowe remarked that having attended the TCMUD No. 1 meeting, he did not believe that the
rescinding of the cancellation precluded the Council from moving forward with an agreement.
Town Council Minutes June 28,2016 Page 7 of 8
The vote was taken.
Motion passed unanimously.
Agenda Item 14(B) Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to direct the Town Manager and
Town Attorney to work on proposed changes to the Interlocal Cooperation Agreement for Administration of Fire
Protection Services, including a list of questions to the TCMUD No. 1 General Manager.
Council Member Shoffner stated that the Council had a series of questions that needed to be addressed, with the
first priority being the protection of the firefighters to ensure they were taken care of.
Mayor Sanders commented that when the Town made the initial offer to TCMUD No. 1 to take over debt service of
the Fire Department, it was the intent to transfer the assets and debt because the residents have already funded
those assets. He advised that under State law, if an emergency was declared, the Mayor had the authority to take
action.
The vote was taken.
Motion passed unanimously.
ADJOURN
Motion made by Council Member Reed, seconded by Council Member Rowe,to adjourn the meeting at 12:52 a.m.
Motion passed unanimously.
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Holly Fimbres, own Secretary/RMO 4111110,0- r C. Nick Sanders, Mayor
Town of Trophy Club,Texas jr„ Town of Trophy Club,Texas
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Town Council Minutes June 28, 2016 Page 8 of 8