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Minutes TC 05/18/1999REGULAR TOWN COUNCIL MEETING MINUTES FOR THE TOWN OF TROPHY CLUB MAY 18, 1999 STATE OF TEXAS § COUNTY OF TEXAS § The Town Council of the Town of Trophy Club met in regular session on Tuesday, May 18, 1999. The meeting was held within the Town and was open to the public CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Engelbeck called the meeting to order at 7:31 p.m., noting that a quorum was present. COUNCIL MEMBERS PRESENT: Marshall Engelbeck Mayor Ben Brewster Council Member Susan Edstrom Council Member Scott Smith Council Member Barb Tweedie Council Member COUNCIL MEMBERS ABSENT: Susan H. McCabe Council Member STAFF AND GUEST(S) PRESENT: Diane Cockrell Town Secretary Cathy Morgas Planning Director Bill LeGrand Public Works Director David Miller Director of DPS Roger Unger MUD Manager INVOCATION. Pearl Ford gave the invocation. PLEDGES OF THE AMERICAN AND TEXAS FLAG. Don Cotton led the pledges. 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 A CTION ON ANY PRESENTA TION MADE TO THE COUNCIL AT THIS TIME CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATION ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS. Page 2 Regular Town Council Minutes May 18, 1999 The following residents spoke at this time: Dave Robison, 2 Crickett Court Joe L. Judy, 231 Oak Hill TOWN COUNCIL TO ADOPT AN ORDINANCE DECLARING ALL PROPERTY TO BE SUBJECT TO AN AD VALOREM TAXATION UNLESS EXEMPTED BY LAW; ADOPTING A VALUE FOR RESIDENTIAL HOMESTEAD EXEMPTIONS; ADOPTING A VALUE FOR AGE 65 OR OLDER AND DISABLED PERSON EXEMPTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE TOWN OF TROPHY CLUB; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Cathy Morgas, Tax Accessor Collector, explained this item. Council Member Tweedie moved to approve the ordinance as read and amended removing paragraph 2.01 and changing paragraph 3.01 to read $25,000, rather than $16,000. Council Member Edstrom seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE CONTRACT WITH PERDUE, BRANDON, FIELDER, COLLINS AND MOTT, L.L.P., FOR THE COLLECTION OF DELINQUENT TAXES. Cathy Morgas, Tax Accessor Collector, explained that Perdue, Brandon, Fielder, Collins and Mott have been Trophy Club's tax collection agency for a long time. We have a collection rate of 98+% every year, there isn't a lot of delinquencies to go after. The attorney's fees are 15% is common and the state allows this. The advantages of staying with the current finn is the fact that they also handle the school delinquencies and MUD #2 delinquencies. The advantage of going to Coffey and Berry is that they are in Denton County and they know what is going on in Denton County. Council Member Smith moved to give Perdue, Brandon, Fielder, Collins and Mott, a 30 -day notice that their contract may not be renewed. Council Member Edstrom seconded; motion passed unanimously. TOWN COUNCIL TO DISCUSS VOLUNTEER COORDINATOR (COUNCIL MEMBER SMITH). Council Member Smith requested this item to get feedback from the Council. It is a need that the Town has to organize volunteers for several entities who are asking for volunteers and how they can be coordinated. A good starting point might be to try to develop a job description. The following citizen spoke on this item. Pearl Ford, 2 Spring Creek Court Council Member Edstrom has been working on this project for several months. She passed an informational handout to the Council and would like to continue working on this proposal. She sees this as a paid position. Council Member Tweedie bad questions regarding this being a paid position. Page 3 Regular Town Council Minutes May 18, 1999 Council Member Brewster encourages Council Member Edstrom to continue researching this item and asked that the first draft be discussed with staff and residents. Council Member Smith stated that this position should be looked at as a volunteer position and may be a part time position instead of a full time position at first. Again this needs to be discussed further. Susan Edstrom was sworn into office by Mayor Engelbeck. (She officially took her Oath of Office on May 12, 1999.) EXECUTIVE SESSION: PURSUANT TO THE TEXAS GOVERNMENT CODE SECTION: 551.074 (TO DISCUSS PERSONNEL MATTERS). A. TO CONSIDER MAYOR PRO TEM B. COUNCIL COMMITTEE LIAISONS Entered into Executive Session at 8:05 p.m. RECONVENE INTO OPEN SESSION: TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION, PURSUANT TO THE TEXAS GOVERNMENT CODE SECTION 551.074. Reconvened into Open Session at 8:48 p.m. E_ N 9 19 M I 1 10 1 l` u@'tI u Council Member Edstrom made a motion to nominate Council Member Brewster as Mayor Pro Tem. Council Member Tweedie seconded; motion passed unanimously. B. COUNCIL COMMITTEE LIAISONS Council Member Brewster moved that Scott Smith be appointed to the Economic Development Corporation; that Ben Brewster be appointed to the Finance Committee; that Susan McCabe be appointed to Public Works, Scott Smith be appointed to Parks and Recreation; Susan Edstrom be appointed to Public Relations; and Barb Tweedie be appointed to Public Safety and that Mayor Engelbeck retain his position on the Utility Task Force, and that the Mayor be reappointed to the Emergency Management Committee. Council Member Tweedie seconded; motion passed unanimously. CONSENT AGENDA: ALL MATTERS LISTED UNDER CONSENT AGENDA ITEM 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. A. Minutes of April 20,1999 B. Minutes of May 4, 1999 C. Financials ending April, 1999 Page 4 Regular Town Council Minutes May 18, 1999 Council Member Brewster made the motion to accept the consent agenda. Council Member Smith seconded; motion passed unanimously. STAFF REPORTS. Cathy Morgas stated that after she talked to Mr. Judy, she had a meeting with Kerin Fleck, Adrian Womack and Bill LeGrand and discussed the issues regarding railroad ties and the wall, etc. She also spoke with Mr. Anton Mireiter who came into the office. Before this project was started, Mr. Mireiter had spoke to Kerin Fleck regarding the wall. He was told as long as the wall was under four feet, no permit was required, and at that time, railroad ties were permitted. Mr. Judy came into the office after the Ordinance changed to "no rail road ties allowed," and explained what was going on. Ms. Morgas sent Adrian out at that time to measure the wall and there was concerns that the wall as approximately 4 feet 6 inches. The wall was installed the same week the ordinance was approved. Ms. Morgas again met with Mr. Mireiter. The intent on both sides was that he could build the retaining wall using the railroad ties, but Mr. Mireiter did need to reduce the wall. It cannot be over four feet. That was the last she heard on the subject until Mr. Judy came back in. The wall was inspected again, and there are areas of the wall that are 4 foot 1 inch from ground level. He is still over four feet. No permit has been issued. It was explained in a letter that as long has he stays under four feet, no permit is required. If any part of that wall is replaced later, the whole wall would have to be replaced with masonry products that is now required. Questions were raised on the water runoff. Bill LeGrand stated that the water runoff was caused by a couple of things. The issue was supposed to be corrected. This item will be put on the agenda the first meeting in June. Cathy Morgas also reported the Bradford Company asking how long it would take to get through the process for development. The Village issues regarding the tree issues is still being addressed. Dan Boutwell, Town Planner, will meet with Tom Thumb in the first open meeting on Thursday. Tiffany Haertling, Town Attorney, spoke regarding absentees. If you are sick, you need to let someone know that you cannot attend. If you know in advance that you are not going to present for a meeting, the appropriate action would be to ask for a "leave of absence from the Council" and here is my reason why. Council at that time snake the motion to give a leave of absence. Under the local government code, if someone misses three regularly scheduled Council Meetings in a roll, your seat at that point in time is automatically vacated. Council can give a leave of absence for any length of time. It is at the Council's discretion. Diane Cockrell, Town Secretary, gave Certificate of Elections to Mayor Engelbeck, Council Members Scott Smith and Barb Tweedie. Reservations are needed for the seminar on June 4 will be needed by 5:00 p.m. on May 27. Diane also passed a couple of handouts out before the meeting. The first one was a corrected copy of the Utility Franchise Task Force; the second was an invitation to the TML Quarterly meeting, on June 4 , at 6:30 p.m. at the Texas Motor Speedway. She would like to be notified by noon on May 27 if you are interested in attending. Page 5 Regular Town Council Minutes May 18, 1999 An attendance chart will be included in future Council packets indicating the status of Council attendance at Council meetings. There is also a handout on Open Meetings and Open Records that the Council may be interested in. Bill LeGrand, Public Works Director, reported that on Skyline road repair the concrete pouring will be complete by June 15, depending upon the weather. Dave Robison, Finance Committee, reported that the Council will receive a recommendation for a new Chainnan and Co-chair. Susan Edstrom, Public Relations, reported that the committee will not be able to take advantage of Charter Communications to produce the video. Charter does not currently have beta format, but are expecting equipment in four to five weeks. However, the Committee will use Charter for 30 -second commercials for July 4th celebration and the Kaleidoscope of Homes. Jim Buxton, Finance Director, has scheduled a meeting with Bill LeGrand and CathyMorgas to look at actual dollar amounts on the Skyline Drive Road project. COUNCIL PRESENTATIONS. Council Member Smith asked whether letters would be going to current committee members asking if they would like to serve again. The letters went out last Thursday. The letters should be returned by May 26 in order to be on the June 1 st agenda. Mayor Engelbeck reported on a meeting last night with Westlake regarding a possible joint Department of Public Safety with them. Roger Unger gave a briefing on the workload as it is projected in the future. Mayor Engelbeck asked that this briefing be given to the Council at the June lst meeting, and that a copy of proposed contract be included. If approved, the contract is to be signed during the month of June and to start operation October lst. There is some benefit to both parties; it's a win-win situation for both Towns. The initial contract is for five years with automatic renewals every year. Council Member Edstrom moved to adjourn the meeting at 9:31 p.m. Council Member Smith seconded; motion passed unanimously. Mayor Town Secretary