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Minutes TC 09/09/2002 - Special SessionMINUTES OF SPECIAL TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB SEPTEMBER 9, 2002 * SPECIAL SESSION — 8: 00 A.M. STATE OF TEXAS COUNTY OF DENTON The Town Council of the Town of Trophy Club, Texas, met in a Special Session on Monday, September 9, 2002. The meeting was held within the boundaries of the Town and was open to the public. SPECIAL SESSION TOWN COUNCIL MEMBERS PRESENT: Scott Smith Mayor Roger Williams Mayor Pro Tem Susan Edstrom Council Member Bill Matthai Council Member Scott Spence Council Member Beverly Foley Council Member STAFF AND GUEST(S) PRESENT: Donna Welsh Roger Unger Sharon Huppert Bill LeGrand Patricia Adams Neil Twomey Town Manager Director of Finance Administrative Assistant Public Works Director Town Attorney Ways & Means Chairman CALL TO ORDER AND ANNOUNCE A QUORUM. Mayor Smith called the special session to order at 8:04 a.m., noting a quorum was present. INVOCATION. Barry Huizenga gave the invocation. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG. PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG. "Honor the Texas flag; I pledge allegiance to thee, Texas one and indivisible." Bill LeGrand 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 ACTION ON OR DISCUSS ANY PRESENTATION MADE TO THE COUNCIL AT THIS TIME Page 2 SPECIAL SESSION September 9, 2002 CONCERNING AN ITEM NOT LISTED ON THE AGENDA. THE COUNCIL WILL HEAR PRESENTATIONS ON SPECIFIC AGENDA ITEMS PRIOR TO THE COUNCIL ADDRESSING THOSE ITEMS. Barry Huizenga of 120 Greenhill Trail addressed the Council. TOWN COUNCIL TO OBSERVE A PRESENTATION BY THE WAYS & MEANS COMMITTEE REGARDING THE TAX RATE. Neil Twomey gave the Ways & Means Committee presentation. Neil stated the Committee unanimously concluded that the Town Council should not reduce the tax rate by an additional two cents for various reasons. The Town's unsubsidized real estate tax rate including debt service is $0.52776. Only due to targeted budget cuts that resulted in the deferral until next year of certain maintenance expenses, the redistributing of budgeted long term street repair funds to reserves and the financial assistance of the Town's two EDCs has the Town avoided a 2002-2003 tax increase. The Committee noted that the entire ninety -day fund would be used to fund the Town's operating expenses from October 2002 until January 2003, when the collected property taxes will be realized. Mr. Twomey further stated that the Ways & Means is concerned that the Town continues to take budgeted funds from street repair to balance the current budget and never replenishes the funds for future repairs. TOWN COUNCIL TO CONSIDER AND ADOPT AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003, AND FOR EACH FISCAL YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT A RATE OF $.44051 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUATION ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN; DIRECTING THE ASSESSMENT THEREOF TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT OPERATION AND MAINTENANCE EXPENSES AND INDEBTEDNESS OF THE TOWN; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Jim Budarf of 547 Indian Creek, Connie White of 119 Trophy Club Dr, Barry Huizenga of 120 Greenhill Trail, and Gene Hill of 11 Cypress Court addressed the Council. Bob and Jodi Ashby requested that their letter be read to the Council. Roger Unger address the Council in reference to his findings as the Finance Director for the Town. He stated that current projections indicated a 21/2 cent tax rate increase next year and 61/2 cent if we lower the rate by 2 cents this year. Council Member Edstrom made a motion to adopt the Ordinance as written. Council Member Matthai seconded; motion carried unanimously. Page 3 SPECIAL SESSION September 9, 2002 TOWN COUNCIL TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING STAFF DIRECTION ON POOL CONSTRUCTION PROCEDURES: A. MANAGER AT RISK C. HARD BID Beverly requested that the following letter be incorporated into the minutes: September 9, 2002 On Friday, September 6, 2002 I called the Texas Board of Professional Engineers and spoke to one of their attorneys, Barbara Owens, concerning the fact that Trophy Club was submitted fees with what was believed to be "qualifications". The cover letter from Teague, Nall & Perkins (TNP) stated attached were "qualifications". We as councilmembers were only given the "qualifications" but the engineering fees were submitted to or requested by Donna Welsh, the Town Manager. I was under the impression we were at the stage of reviewing "qualifications" for an architect/engineer firm to prepare the design and construction documents. Donna was also asked last week to get one other firm to send in a qualification for the meeting this morning so we could have at least two to review. Due to the fact we have received fees we are now in the second phase of hiring an architect/engineer firm, the "negotiating of a contract". We are unable to review another firm until we have made a decision with TNP. No scope of work was written and no selection criteria was written. How do we determine TNP as "most highly qualified" if there is no other firm to judge them by?? This is bad business to only review ONE qualification and then have only ONE choice to negotiate a contract from. The "Texas Engineering Practice Act" found in - Texas Administrative Code, Title 22 Examining Boards, Part 6, Texas Board of Professional Engineers, Chapter 131 Practice and Procedure, Subchapter 1, Professional Conduct and Ethics, Rule 131.155 states: (c) "engineer shall not: (7) submit or request, orally or in writing, a competitive bid to perform engineering services for a political subdivision of the State of Texas unless specifically authorized by state law. (A) For purposes of this section, the board considers competitive bidding to perform engineering services to include the submission of any monetary cost information in the initial step of selecting qualified engineers. Cost information or other information from which cost can be derived must not be submitted until the second step of negotiating a contract at a fair and reasonable cost." (B) This section does not prohibit competitive bidding in the private sector. The reason I bring all of this up is that Ms. Owens stated that receiving only ONE proposal with fees was not in violation of the above section. However, the Mayor and myself, made a request to Donna to get several (MULTIPLE per Ms. Owens' term) qualifications for us to look at for this morning's meeting. I can only assume, Teague, Nall and Perkins and Donna had to know that if fees were submitted Donna would not be allowed to get an additional qualification. That action, per Ms. Owens would have made TNP and the Town in violation of the above rule. By Donna's and TNP's action we are now "limited" for this morning's meeting to only reviewing qualifications from ONE firm. I continue to believe that the Town should never only look to ONE firm for "qualifications" and only ONE firm as a choice to receive a proposal from for any project we do now or in the future. State law mandates (Local Government Code 271) and Ms. Owens agreed, that if you do not have a "full-time employee" who is an engineer to prepare the construction documents, the Town must follow statute 2254.004 from the Government Code. Donna, the Town Manager, will state that the Town chose Teague, Nall and Perkins 10 years ago to be the "engineer of record" for the Town by a Request for Qualifications (RFQ) process. The scope of work and criteria for selection has not been produced. To my knowledge we do not have an annual contract or a resolution that states we must use them for every engineering project we have. Page 4 SPECIAL SESSION September 9, 2002 Let me briefly bring to your attention another instance where we didn't follow procedures for hiring an architect/engineer firm. Hoover and Klein, who was chosen to design the ballfields currently being built, if Teague, Nall and Perkins was our "engineer of record" why weren't they assigned the work to do instead of Hoover and Klein? We also did not go out for an RFQ process to hire Hoover and Klein either. The same occurred for designing the conceptual plan of a pool in January by Hoover and Klein. The Town actually received a letter from Hoover and Klein dated May 22, 2002 submitting a "proposal for professional design services" with fees. Have we formally ended our relationship with Hoover and Klein and declined their proposal? Which we must do before we can negotiate with another firm. The letter stated - "Thank you for selecting our firm for this work. It is really appreciated." So how was Hoover and Klein selected? Teague, Nall and Perkins is the second firm who submits a proposal to design the pool. Wouldn't this process been shortened if we had just interviewed three or four firms initially in January and then selected one, negotiated fees, and then hired them. Instead we have gone through one firm for seven months and now starting with another. We are not talking just about procedures here, we are talking about state law. Ms. Owens also stated you do not forego state law for expediency. Ms. Owens also stated she did not know of a ruling that would not have allowed Brannon Corp. from submitting his "Qualifications" to us independently of the fact that Brannon Corp. was also listed in TNP's "Qualifications". However, it is correct that due to "prices" being submitted to the Town, Brannon Corp. would not be able to submit a "Proposal" also. Brannon's letter declining the offer to submit a "proposal" states that Trophy Club is negotiating a contract with Teague, Nall and Perkins. It was stated in the letter that a proposal with engineering fees was already sent to Trophy Club by TNP. Again, I was under the impression we were reviewing "qualifications". The Town should make the decision today to follow state law and not try to circumvent the process. I will not be able to support any decision where we accept a proposal from only ONE firm when the Town had the opportunity many weeks ago to write a scope of work, prepare the selection criteria, advertise for firms to send qualifications to the Town, and to select the "most highly qualified" from those submittals. As several engineers told me — this might not be illegal, but it "smells real bad". Jim Carter of 204 Fresh Meadow Drive addressed the Council. Mayor Smith added that we are not accepting the fee structure from Teague, Nall and Perkins at this time but only the type of procedure to follow. Mayor Pro Tem Williams made a motion to move forward with the Manager at Risk procedures. Council Member Edstrom seconded; Council Members Matthai, Edstrom, Spence and Mayor Pro Tem Williams voted for the Manager at Risk option and Council Member Foley voted against. TOWN COUNCIL TO OBSERVE A PRESENTATION AND TAKE APPROPRIATE ACTION REGARDING POOL CONSTRUCTION. Barry Huizenga addressed the Council. Donna Welsh addressed the Council and Citizens that were present in the Board Room to offer responses and comparisons to methods and/or options of construction of the pool. Tom Rutledge with Teague, Nall & Perkins addressed the Council and submitted clarification on the Manager at Risk option. Page 5 SPECIAL SESSION September 9, 2002 ADJOURN. Pro Tem Mayor Williams made a motion to adjourn at 9:32 a.m. Council Member Edstrom seconded; motion carried unanimously. t ,Town of Trophy Club, Texas zp ATTEST: 17 A Town Secretary, T1!w of Trophy Club, Texas