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Minutes TC 09/15/2014 - Special SessionMINUTES FROM SPECIAL SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 15, 2014 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 Monday, September 15, 2014. 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 Philip Shoffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Tammy Ard Town Secretary April Reiling PIO/Marketing Manager Scott Kniffen Police Chief Danny Thomas Fire Chief Steven Glickman Finance Director John Zagurski Budget Analyst Mayor Sanders announced the date of Monday, September 15, 2014 called the Town Council to order and announced a quorum at 7:00 p.m. CONVENE INTO SPECIAL SESSION - START TIME — 7:00 P.M. The Invocation was offered by Chief Thomas. The Pledges were led by Mayor Pro Tem Lamont. PUBLIC HEARING 1. Town Council to conduct Second Public Hearing regarding proposed tax rate for fiscal year October 1, 2014 to September 30, 2015 and Mayor to announce the date, time and place of the vote on the tax rate. On Tuesday, September 23, 2014 at the regularly scheduled Town Council Meeting the Town Council will vote on the proposed tax rate for fiscal year October 1, 2014 to September 30, 2015. The current proposed tax rate is $0.490. Monday, September 15, 2014 Town Council Minutes Page 1 of 18 CONVENE INTO PUBLIC HEARING - START TIME — 7.02 P.M. PUBLIC HEARING - END TIME -7.03 P.M. RECONVENE INTO SPECIAL SESSION - START TIME — 7.03 P.M. SPECIAL SESSION 2. Consider and provide direction to Staff relative to an amendment to the Town's Schedule of Fees in order to impose a surcharge on PID residents for the Annual Capital Improvements and Maintenance Charge due to MUD1 pursuant to the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services between the Town and MUD1. Jennifer McKnight, Trophy Club MUD No. 1 General Manager will provide a presentation regarding the PID surcharge. Attachment —Proposed PID Surcharge for 2015 (presentation by Jennifer McKnight) Attachment B— PID Surcharge Calculations Jeanne Buck, 2401 Lilyfield Drive addressed the Council requesting clarification regarding the PID surcharge. Mrs. Buck feels Council needs to have an educational initiative regarding the PID surcharge in order to educate PID residents. Town Manager Slye noted a letter will go out to each PID resident outlining the PID surcharge. This item will come back on the agenda at the next Council meeting for appropriate action, including determining the form of collection, the amount to be collected per household and an effective date. No action taken. Mayor Sanders indicated Council is only providing direction to bring this item back at the next Council meeting and will become effective on the bill that will come out towards the end of October 2014. 3. Consider and take appropriate action regarding a Resolution amending Resolution No. 2012-28 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials to add a section entitled "Residency Requirement/Temporary Change in Residency Status" in order to provide a process for members serving on Town boards, commissions and corporations to continue to serve with Council approval when residency temporary changes; and providing an effective date. A. Request by Tim Gamache, Chair of the Crime Control and Prevention District Town Manager Slye provide a background regarding the preface to amend the handbook. Tim Gamache, CCPD Chair, recently sold his home in Trophy Club and purchased a lot in town and is building a new home. Due to the temporary residency outside of Trophy Club during closing, Tim reached out to request an exception to the Handbook for Elected and Appointed Officials allowing him to continue serving on the CCPD Board while his home is under construction, as he does not technically live within Trophy Club town limits. Town Manager Slye noted that the amendment to the Handbook would allow Council to consider the residency requirement/status exception on a case by case basis. Council discussed various aspects of eligibility to serve on the CCPD Board, as well as Town policy versus state law interpretation. Monday, September 15, 2014 Town Council Minutes Page 2 of 18 Original motion Motion made by Council Member Reed, seconded by Mayor Pro Tem Lamont, to approve Resolution 2014-33 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials to add a section entitled "Residency Requirement/Temporary Change in Residency Status" in order to provide a process for members serving on Town boards, commissions and corporations to continue to serve with Council approval when residency temporary changes. Amendment to original motion Motion made by Council Member Rowe, seconded by Council Member Parrow, to amend the original motion to state we would approve the change as proposed with a limit to the exception not to exceed six (6) months. Motion carried 5-1-0 with Council Member Parrow, Council Member Reed, Council Member Rowe, Mayor Sanders, and Mayor Pro Tem Lamont voting for and Council Member Shoff ner voting against. Residency Requirement/Temporary Change in Residency Status In addition to the residency requirement for citizens making application to serve on Town Boards, Commissions, and Corporations, a person serving as a member must reside within the Town of Trophy Club during his or her term of service in order to continue serving. However, if during the term of appointment or during the time frame for reapplication, the residency status of a then current member of a Board, Commission or Corporation temporarily changes for a period of no more than six (6) months, the member may request that the Council review his/her specific circumstances affecting residency. If the temporary change in residency status does not disqualify a member of a Board, Commission, or Corporation from continuing to serve either because of a Charter or state law requirement for service on his/her respective Board, Commission, or Corporation, the Council may authorize the continued service or reappointment of the member until such time as the member returns to permanent residency status. Tim Gamache, 925 South Main Street, Grapevine, TX addressed the council stating that the six (6) month time frame may not allow him to remain and serve on the CCPD Board, as the anticipated build time for his home is about eight months, closing date April 2015. Original motion Motion carried 4-2-0 with Council Member Parrow, Council Member Reed, Council Member Rowe and Mayor Sanders, voting for an, Mayor Pro Tem Lamont and Council Member Shoff ner voting against. Motion made by Council Member Reed, seconded by Council Member Rowe, to grant the residency exception requested by Tim Gamache. Council Member Reed requested to modify his motion to refer agenda item 3.A. to the next council meeting, the second made by Council member Rowe agreed with the modification to the motion. Motion made by Council Member Reed, seconded by Council Member Rowe, to refer agenda item 3.A. to the next council meeting on September 23, 2014. Motion passed unanimously. 4. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2013-2014 Budget of the Town (Budget Amendment No. 3) making appropriations in accordance with the Town Charter related to Engineering, Outside Legal Services, Property Insurance, Building Maintenance, Property Maintenance, and Prior Year Encumbrances; and providing an effective date. Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve Ordinance 2014-27 Budget of the Town (Budget Amendment No. 3) making appropriations in accordance with the Town Charter related to Engineering, Outside Legal Services, Property Insurance, Building Maintenance, Property Maintenance, and Prior Year Encumbrances effective today September 15, 2014. Motion passed unanimously. Monday, September 15, 2014 Town Council Minutes Page 3 of 18 5. Consider and take appropriate action regarding any and all expenditures and revenues for the Fiscal Year 2015 proposed Budget. No action taken. EXECUTIVE SESSION 6. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: A. Texas Government Code Section 551.071(2) "Consultation with Attorney" and Texas Government Code Section 551.072 "Deliberations about Real Property" to consult 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 and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations. CONVENE INTO EXECUTIVE SESSION - START TIME — 8:12 P.M. RECONVENE INTO SPECIAL SESSION - START TIME — 9:00 P.M. RECONVENE INTO SPECIAL SESSION 7. Consider and take appropriate action regarding the Executive Session. No action taken. ADJOURN BMmo io made by Mayor Sanders, to adjourn. Motion carried unanimously. Meeting acourned at 9:01 p.m. Tjm� Ard, To �11b, ecretary C. Nick Sanders, Mayor TbWn of Trophy�Texas Town of Trophy Club, Texas Monday, September 15, 2014 Town Council Minutes Page 4 of 18 ATTACHMENT A Proposed PID Surcharge for 2015 Monday, September 15, 2014 Town Council Minutes Page 5 of 18 L 0 O a 3 O U Q 0 OSO., O O E 0 a� Q � O4 - U '`n I 0 Eq &0 JQ O X O c ,O rW L6 ml .c goo 0 rld- g 0 u W I ci 0-0 le, AJ O- 0- 000 0 00 4 0) � M O O � 00 N O 00 00 4 0) D co 1 0) LO 0 N >0= LL 06 O 0 LA O rl rl T-1 O m m O ORt RCT N O N N > Ln N N LL N -cn- N W O m O oc a z O a V W WlJ bn J a W r.. 0) U C 7 O U c 0 H v 0 N L N E N Q N cn 0 D am D 0111 0 CL ��� 89 011.N co I 0) 0 t w W F— Du O L.0 V)LA O °- 0 3* RQ t ON z kn E- N N cr V R S1 Qcn ti0 .d g u'i tr'i 00 00 c� A Q Q "D D N oo Q Q _.� > Vi 4'3 � 'C1• M �'] � � 0) N o^o M no C7 � Cn m w a N td kn U40 Z O N O � CD C o — M S tn ello H kn � N M r ON kn �'- N N Imo+ I--� R 0 ti0 .d 06 06 u'i tr'i 00 00 c� CN Q Q "D D N N ID 14D Q Q Vi Vi 4'3 � 'C1• M �'] � � 0) N o^o M 4 Cn m N N O N O N CD C o — M S tn ello V kn N M r M r+? €* +� Ir ON kn �'- N N Imo+ I--� R 0 0O] ti0 .d 06 06 u'i tr'i 00 00 C) O CN Q Q "D D N N ID 14D Q Q Vi Vi 4'3 � 'C1• M �'] � � � b' N o^o M 4 Cn N N O N O N — M — M ON �'- N N Imo+ I--� R 0 0O] � � M M Vim^ C7i N t�J 00 00 Cf Cn C C:) C=) C:) �t er gt N N N c ^p C? 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