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Minutes TC 04/11/2017 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE,TROPHY CLUB,TEXAS Tuesday,April 11,2017 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, April 11, 2017. 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 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shoffner Council Member, Place 6 TOWN COUNCIL MEMBERS ABSENT: Garrett Reed Council Member, Place 2 STAFF PRESENT: Tom Class Town Manager David Dodd Town Attorney Holly Fimbres Town Secretary/RMO Adam Adams Director of Parks and Recreation Amber Karkauskas Director of Finance/CFO Mike Pastor Information Technology Manager John Zagurski Budget Manager Mayor Sanders announced the date of Tuesday, April 11, 2017, called the Town Council to order and announced a quorum at 7:00 p.m. The Invocation was offered by Irma Thomas, National Day of Prayer(NDP)Task Force Coordinator. The Pledges to the American Flag and Texas Flag were led by Council Member Shoffner. (Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Announcements and Reports; Consent Agenda;Item No. 3;Item No. 5;Item No. 9;Item No. 7;Item No. 8;Item No. 10;Item No. 11;Item No. 12;Item No. 13;Executive Session;Item No. 11;and Item No. 15) 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. There were no citizen presentations. ANNOUNCEMENTS AND REPORTS 1. Receive Town Manager Class' update regarding the following; discussion and provide input regarding same (Staff). • Volunteer Appreciation Reception —The annual reception will be held at the Trophy Club Country Club with a tentative date of June 2nd. • Early Voting—Will begin April 24th and run through May 2nd. • Community Events — Community Clean-Up will be held on April 29th and the Trophy Club 2017 Spring Garage Sale will be held on April 22nd. • Hiring Process— Summer hiring nearing completion, Amber Karkauskas was selected as the Director of Finance and Chief Financial Officer, Wade Carroll was selected as the Fire Chief, interviews are scheduled for the Director of Administration position, and the Administrative Assistant position for Permits and Planning has been posted. • Town Hall—The building has been dried in, sheet rock was installed in the interior, the exterior brick has been completed on the west and north walls, the east wall was nearly completion, and brick work on the front should start next week. The completion date was expected to be September 17th. Mayor Sanders announced that the Trophy Club Emergency Volunteer Association would be hosting a pancake breakfast on May 6,2017, Election Day, in close proximity to the voting site at Medlin Middle School. 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 financial and variance report dated February 2017(Staff). 3. Consider and take appropriate action regarding the First and Second Quarter Investment Report for Fiscal Year 2017(Staff). 4. Consider and take appropriate action regarding a Proclamation of the Town Council declaring March 18, 2017 as Arbor Day in Trophy Club(Staff). 5. Consider and take appropriate action regarding an Ordinance amending Section 1.02.001 entitled "Signature authority of mayor and town manager" of Division1 entitled "Generally" of Article 1.02 entitled "Administration and Finance"of Chapter 1 entitled"General Provisions"of the Town of Trophy Club Code of Ordinances;and providing an effective date(Staff). 6. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town and Tarrant County Elections for administration of the May 6, 2017 Town General Election; and authorizing the Mayor or his designee to execute all necessary documents(Staff). Mayor Sanders requested to remove Agenda Item No. 3 and Agenda Item No. 5 from the Consent Agenda. Motion made by Council Member Rowe, seconded by Council Member Shoffner,to approve Consent Agenda Items 2,4,and 6. Motion passed unanimously. Town Council Minutes April 11,2017 Page 2 of 7 REGULAR SESSION 3. Consider and take appropriate action regarding the First and Second Quarter Investment Report for Fiscal Year 2017(Staff). Director of Finance/CFO Karkauskas stated that the previously submitted investment report for the First Quarter contained errors with respect to summing of interest and ending balances of the CD portion of the report, as well as calculations on the total life and yield under CD's and Total Cash and Investments. The actual beginning and ending balances were verified as correct. Motion: Motion made by Council Member Parrow, seconded by Council Member Kurtz, to approve the First and Second Quarter Investment Report for Fiscal Year 2017. Motion passed unanimously. 5. Consider and take appropriate action regarding an Ordinance amending Section 1.02.001 entitled "Signature authority of mayor and town manager"of Divisionl entitled "Generally"of Article 1.02 entitled "Administration and Finance"of Chapter 1 entitled"General Provisions"of the Town of Trophy Club Code of Ordinances;and providing an effective date(Staff). Director of Finance/CFO Karkauskas advised that the prior procurement policy was presented to the Council in May 2016,which allowed the Town Manager to enter into contracts for the purchase of goods or services in excess of fifty thousand dollars ($50,000.00)for which funds had been budgeted in the fiscal year during which payment was due and were purchased from a cooperative purchasing vendor approved by Resolution in accordance with the Town's Procurement Policies and Procedures. Staff believed that this item should be amended to allow the Town Manager to enter into a contract with a maximum amount of$50,000. Council Member Shoffner recommended lowering the contract amount from$50,000 to$25,000 and to lower the change order amount from $50,000 to"$10,000 or less or multiple contract change orders with a cumulative total of$25,000 or less" in order to be consistent with Ordinance No. 2011-22. The reason he suggested the changes was partly due to the storage shed at Harmony Park not having to be presented to Council since it was under $50,000. Prior to February 20, 2017, the Council had not seen an agenda item for purchase orders over$50,000, but he was in favor of having those type of agenda items presented on the Consent Agenda. Mayor Sanders was concerned that lowering the amount could possibly delay the payment process. Director of Finance/CFO Karkauskas responded that she performed a brief analysis of the current fiscal year and there had been 10 items processed that were over $25,000 and under $50,000, which were approved in the budget as supplemental items. She stated that lowering the amounts could possibly slow the procurement process. Council Member Kurtz used the example of the storage shed at Harmony Park and he believed that if Council provided direction on a project and changes were made afterwards, then it should be brought back before the Council for consideration. Mayor Pro Tem Lamont inquired about the current internal process of approvals on contracts and change orders. Director of Finance/CFO Karkauskas responded that the Town Manager reviewed and approved items over $25,000 and anything under that amount was reviewed by her to ensure that the procurement policy was adhered to. She noted that items over$3,000 and up to$25,000 had to be issued on a purchase order. Motion: Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Ordinance No. 2017- 09, amending Section 1.02.001 entitled "Signature authority of mayor and town manager" of Divisionl entitled "Generally" of Article 1.02 entitled "Administration and Finance" of Chapter 1 entitled "General Provisions" of the Town of Trophy Club Code of Ordinances; and providing an effective date of April 11, 2017, with the following amendments: 1) Amend Section 1.02.001,Signature Authority of Mayor and Town Manager, Subsection B,Town Manager, Item No. 1 to state the following: Contracts for the purchase of goods or services equal to or less than Town Council Minutes April 11,2017 Page 3 of 7 twenty-five thousand dollars($25,000.00)for which funds have been budgeted or anticipated in the fiscal year during which payment is due;and 2) Amend Section 1.02.001,Signature Authority of Mayor and Town Manager, Subsection B,Town Manager, Item No. 3 to state the following: An individual contract change order for an amount of ten thousand dollars ($10,000.00) or less or multiple contract change orders with a cumulative total of twenty-five thousand dollars($25,000.00)or less. Mayor Sanders was concerned that placing a cap of$10,000 on change orders for projects, such as streets, could potentially delay the project. The vote was taken. Motion carried 5-0-1 with Mayor Sanders and Council Members Parrow, Rowe, Kurtz, and Shoffner voting for and Mayor Pro Tern Lamont voting against. 7. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 4,2017 as Day of Prayer in Trophy Club(Mayor Sanders). Council Member Parrow read the proclamation into the record. Motion: Motion made by Council Member Parrow, seconded by Council Member Shoffner, to approve Proclamation No. 2017-02,declaring May 4,2017 as Day of Prayer in Trophy Club. Motion passed unanimously. Irma Thomas, NDP Task Force Coordinator, thanked the Council for their support and announced that the 25th Consecutive Observance of the National Day of Prayer would be held at the Trophy Club Clock Tower at noon on May 4,2017. 8. Consider and take appropriate action regarding a Proclamation of the Town Council declaring April 2017 as National Child Abuse Prevention Month in Trophy Club(Mayor Sanders). Council Member Parrow read the proclamation into the record. Motion: Motion made by Council Member Parrow,seconded by Council Member Rowe,to approve Proclamation No.2017- 03,declaring April 2017 as National Child Abuse Prevention Month in Trophy Club. Motion passed unanimously. Scott Hensel!, Treasurer of the Board of Directors with the Children's Advocacy Center for Denton County, shared their mission to provide justice and healing. He provided the following statistics: Denton County had a prosecution rate of 80 percent or higher, last year they performed 700 forensic interviews, and provided 11,000 counseling sessions. He stated that their funding sources were derived from the Federal Victims of Crime Act, local communities,and special events. Additionally, he thanked the Council for their ongoing support. 9. Consider and take appropriate action regarding a Resolution relating to the giving of Notice of Intention to issue Town of Trophy Club,Texas combination tax and revenue Certificates of Obligation, Series 2017; and providing an effective date(Staff). Financial Advisor Mark McLiney, with SAMCO Capital Markets, advised that the Notice of Intent specified the not to exceed amount of$4.5 million, as well as the proposed projects. Bids would be received on May 23, 2017 and be brought before Council for consideration that evening through an ordinance authorizing the issuance of the Certificates of Obligation. Bond Counsel Julie Partain,with Bracewell, LLP,was present to address any questions. Town Council Minutes April 11,2017 Page 4 of 7 Motion: Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve Resolution No. 2017- 05, giving of Notice of Intention to issue Town of Trophy Club, Texas combination tax and revenue Certificates of Obligation,Series 2017;and providing an effective date of April 11,2017. Motion passed unanimously. 10. Standards of Care a. Conduct a Public Hearing regarding an Ordinance adopting a new Section 1.08.001 entitled "Summer Adventure Camp Programs Standards of Care"of Divistioni entitled "Generally"of Article 1.08 entitled "Parks and Recreation"of Chapter 1 entitled "General Provisions"of the Town of Trophy Club Code of Ordinances;and providing an effective date(Staff). Mayor Sanders convened into Public Hearing at 7:42 p.m. There were no individuals wishing to speak. Mayor Sanders reconvened into Regular Session at 7:43 p.m. b. Consider and take appropriate action regarding an Ordinance adopting a new Section 1.08.001 entitled "Summer Adventure Camp Programs Standards of Care" of Divistioni entitled "Generally" of Article 1.08 entitled "Parks and Recreation"of Chapter 1 entitled "General Provisions"of the Town of Trophy Club Code of Ordinances;and providing an effective date(Staff). Council Member Shoffner discussed proposed changes to the ordinance that included: changing "Summer Adventure Camp Programs" to "Youth Programs" in order to encompass any additional programs that the Town may host, adding of a Standards of Care Review, and designating the appropriate Town departments within the Inspection/Monitoring/Enforcement section. Additionally, he acknowledged that in order to receive exempt status for a youth recreation program, a municipality must adopt standards of care by ordinance after a public hearing for the program on an annual basis. Main Motion: Main Motion made by Council Member Shoffner, seconded by Mayor Pro Tern Lamont,to approve Ordinance No. 2017-10 as amended at the dais, adopting a new Section 1.08.001 entitled "Summer Adventure Camp Programs Standards of Care" of Divistioni entitled "Generally" of Article 1.08 entitled "Parks and Recreation" of Chapter 1 entitled "General Provisions" of the Town of Trophy Club Code of Ordinances; and providing an effective date of April 11,2017. Motion to Amend: Motion to Amend made by Council Member Kurtz, seconded Mayor Pro Tem Lamont,to modify Section 1.08.001, Youth Programs Standards of Care, Subsection C, Inspection/Monitoring/Enforcement, Item No. 2 to state the following:The Recreation Coordinator will make twice weekly visual inspections of the program. Motion to Amend passed unanimously. The vote for the Main Motion as Amended was taken,to approve Ordinance No. 2017-10 as amended at the dais, adopting a new Section 1.08.001 entitled "Summer Adventure Camp Programs Standards of Care" of Divistioni entitled "Generally" of Article 1.08 entitled "Parks and Recreation" of Chapter 1 entitled "General Provisions" of the Town of Trophy Club Code of Ordinances;and providing an effective date of April 11,2017; and amend Section 1.08.001, Youth Programs Standards of Care, Subsection C, Inspection/Monitoring/Enforcement, Item No. 2 to state the following:The Recreation Coordinator will make twice weekly visual inspections of the program. Main Motion as Amended passed unanimously. Town Council Minutes April 11,2017 Page 5 of 7 11. Consider and take appropriate action regarding the Public, Educational,and Government(PEG)channel fee (Staff). Mayor Sanders requested that the Council consider this item after convening into Executive Session to allow consultation with the Town Attorney. After reconvening from Executive Session,Council came back to Item No. 11. No action was taken on this item. 12. Discussion of and provide direction to Town Staff regarding the Memorial Day ceremony and dedication of the Veteran's Memorial(Council Member Parrow and Council Member Rowe). Council Member Parrow advised that he met with the Metroport Veterans Association to discuss the dedication ceremony of the Veterans Memorial. The consensus was to conduct separate ceremonies for Memorial Day and Veterans Day. Also, he met with Staff and there was agreeance to have the two ceremonies separate. He requested that the Council allow Memorial Day to be held on May 29, 2017 at Medlin Cemetery with minimum staff assistance to provide bunting, a sound system, and traffic control. He would be working with Staff to assist with vinyl signage for both ceremonies. There was an inquiry to modify the stone entryway monument to the Veterans Memorial, that was originally dedicated on November 11, 2012 by the Garden Club as a division of the Trophy Club Women's Club, to read "Dedicated November 11, 2017 Town of Trophy Club,Trophy Club Women's Club and Metroport Veterans Association." Furthermore, he noted that the Trophy Club Women's Club may present to Council at a later date a concept for a statue to be installed at the Memorial at their expense. Additionally,he thanked Sergeant Josue A. De Aquino, U.S.Army Recruiter with the Keller Recruiting Center,for his service and for attending the meeting. Discussion took place regarding issues with parking at last year's Memorial Day ceremony and that the event was held at the Medlin Cemetery to honor those that have passed. Further discussion ensued to possibly have the Metroport Veterans Association etched into the original stone monument at the Veterans Memorial, but the Town did not need to be recognized on the monument because the Council's prior action was to complete the original design. No action was taken on this item. 13. Discussion of items for Future Agendas to include agenda items for consideration on the April 25, 2017 Council agenda and items from the Town Council Future Agenda Items list, to include discussion of the below item(Staff): 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. A) Item No.3-Detail review of the nuisance ordinance.(Rowe 4/12/2016)(1-July 12,2016)(2-October 11, 2016) (3-January 10,2017) (4-April 11,2017) Town Attorney Dodd advised that he reviewed the nuisance ordinance and he believed that it was broad enough to address all issues that Staff faced. Mayor Sanders commented that his concern was regarding enforcement of noise complaints. Town Attorney Dodd responded that he would review the ordinance with the Police Department to ensure that there were no issues addressing noise complaints. Town Council Minutes April 11,2017 Page 6 of 7 Mayor Sanders requested to add the following agenda items to the April 25, 2017 Council agenda if Staff was able to compile the information in time: 1) Consider and take appropriate action regarding the budget and planned aspects for furniture and fixtures expenses for the new Trophy Club Town Hall facility; and 2) Consider and take appropriate action regarding the budget reallocations from the construction contingency funds for the new Trophy Club Town Hall facility. Mayor Sanders received consensus from the Council to hold a Special Council meeting on May 17, 2017 at 9 a.m. in order to canvass the returns and declare the results of the May 6, 2017 General Election. Additionally, there was consensus that the Oath of Office for the newly elected Council Members be administered on May 23,2017 at 6:30 p.m. Council Member Shoffner requested to add the following item to the Town Council Future Agenda Items list: Staff research the impact and have a contingency plan for the Town should the Trophy Club Municipal Utility District No. 1 Bond Election fail on May 6, 2017. EXECUTIVE SESSION 14. 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 551.071 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: Enforcement of Ordinances CONVENED INTO EXECUTIVE SESSION-START TIME—8:24 P.M. RECONVENED INTO REGULAR SESSION-START TIME—8:50 P.M. RECONVENED INTO REGULAR SESSION 15. Consider and take appropriate action regarding the Executive Session. No action was taken on this item. ADJOURN Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to adjourn the meeting at 8:51 p.m. Motion passed unanimously. II c'I Holly Fimbres,Town Secretary A i, C. Nick . de s, Mayor Town of Tro y Club,Texas Town •f Trophy Club,Texas 4/ e r�� \ M \ Town Council Minutes April 11, 2017 Page 7 of 7