10.25.2022 Town Council MinutesIF
OWN OPE
Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro -Tern Jeff Hodges
Deputy Mayor Pro -Tern Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
MINUTES
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, October 25, 2022
Staff Members Present:
Ron K. Patterson, Interim Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Robyn Battle, Executive Director of Community Services
Bob Scott, Executive Director of Administrative Services
Hulon Webb, Interim Executive Director of Development and Infrastructure Services
David Soto, Planning Manager
Dan Baker, Parks and Recreation Director
Frank Jaromin, Public Works Director
James Edwards, Human Resources Director
Jessika Hotchkin, Help Desk Technician I
Wilson Haynes, Senior Communications Specialist
Whitney Rehm, Grants Administrator
Celia O'Dell, Court Administrator
Judith Jacinto, Court Supervisor
Doug Kowalski, Police Chief
Scott Brewer, Assistant Police Chief
Stuart Blasingame, Fire Chief
Invocation Pledge of Allegiance and Pledge to the Texas Flag.
John Fowler with First Presbyterian Church led the invocation. The Pledge of Allegiance and the
Pledge to the Texas Flag were presented and recited by Boy Scouts Pack 1902.
Announcements of recent and upcoming events.
Councilmember Kern made the following announcements:
Early Voting for the November 8 General Election is now taking place and runs through Friday,
November 4. Please visit the Town's website or the Collin County and Denton County Elections
websites for additional information regarding Early Voting and Election Day voting locations.
On Saturday, October 29 residents may dispose of prescription drugs during the Drug Take -Back
event being held at the Central Fire Station located at 1500 E. First Street from 10:00 a.m. until
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2:00 p.m. To learn what items you may dispose of and how to prepare them, visit
www.dea.gov/takebackday.
The Parks and Recreation Department will host a bus trip to Dallas on Wednesday, November 2
from 8:30 a.m. to 5:30 p.m. Enjoy a trip to the George W. Bush Presidential Library and Sixth
Floor Museum, as well a drive through other areas of Dallas with lunch at El Ranchito. Sign up
today at www.prosperparksandrec.org. The deadline to register is Wednesday, October 26.
The Town will host its first annual pickleball tournament on Saturday, November 5. Games will be
played at the Reynolds Middle School tennis courts in Prosper beginning at 8:30 a.m. with courts
open at 8:00 a.m. Visit the Upcoming Events page on the Town website for more information
including how to register.
Join the Town for its annual Arbor Day Celebration on Saturday, November 5 at Hackberry Park
(corner of Goldenrod Land and Freeman Way within Windsong Ranch) at 9:00 a.m. for a fun
morning of planting and learning about trees.
On Friday, November 11, join the Town for the Honor Walls Dedication Ceremony at 10:00 a.m.
on the north side of Town Hall to honor all those who have served and continue to serve. Then
on Saturday, November 12 at Frontier Park, participate in Prosper's first annual Veterans Day 5K
and Fun Run. Festivities begin at 8:00 a.m. Register today by visiting the Upcoming Events page
on the Town's website. Proceeds from the event to benefit the future Veteran's Memorial.
Presentations.
1. Proclamation recognizing the week of November 7-11, 2022, as Municipal Court
week. (CO)
Mayor Bristol read and presented a Proclamation to Celia O'Dell, Court Administrator
and Judith Jacinto, Court Supervisor.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non -controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
2. Consider and act upon the minutes of the October 11, 2022, Town Council Work
Session meeting. (MLS)
3. Consider and act upon the minutes of the October 11, 2022, Town Council
meeting. (MLS)
4. Consider and act upon minutes of the October 18, 2022, Town Council Special
meeting. (MLS)
5. Consider and act upon approving amendments to Administrative Regulation
Chapter 13 - Fund Balance. (RBS)
6. Consider and act upon Resolution 2022-69 accepting and approving the 2022
Tax Roll. (SM)
7. Consider and act upon Resolution 2022-70 authorizing the Interim Town
Manager, and/or his/her designee, to apply for the Office of the Governor,
Homeland Security Grants Division, 2022 SHSP — Town of Prosper SWAT
Communication Headsets Project Grant and consider and act upon accepting
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the Office of the Governor, Homeland Security Grants Division, 2022 SHSP —
Town of Prosper SWAT Communication Headsets Project Grant. (DK)
8. Consider and act upon approving the purchase of a 2022 John Deere 135G Mini
Excavator from RDO Equipment Co., through the Sourcewell Purchasing
Cooperative; and authorizing the Interim Town Manager to execute documents
for the same. (FJ)
9. Consider and act upon approving the purchase of water meters between Core &
Main, a sole source provider, and the Town of Prosper, Texas; and authorizing
the Interim Town Manager to execute documents for the same. (FJ)
10. Consider and act upon approving the lease agreement for an Elgin RegenX
Regenerative Air Street Sweeper from Kinloch Equipment & Supply, Inc.,
through the Sourcewell Purchasing Cooperative; and authorizing the Town
Manager to execute documents for the same. (FJ)
11. Consider and act upon renewing Bid No. 2019-53-A for one year to Wopac
Construction, Inc., as the primary vendor, and HQS Construction, LLC, as the
secondary vendor, at the unit prices bid, to establish an annual fixed -price
contract for Miscellaneous Concrete Replacement Services; and authorizing the
Interim Town Manager to execute same. (FJ)
12. Consider and act upon the purchase of office furniture for the new Central Fire
Station and Fire Administration Building from Wilson -Bauhaus Interiors using
the ESI NCPA, AIS NCPA, Sitmatic NCPA, Kimball Omnia, and JSI Omnia
contracts; and authorizing the Interim Town Manager to execute the Proposal
and the Terms and Conditions of Purchase for same. (SB)
13. Consider and act upon approving the purchase of Fire Station Emergency
Station Alerting for the new Central Fire Station and Fire Administration Building
from US Digital Designs, through the Houston -Galveston Area Council (HGAC)
Cooperative Purchasing Program; and authorizing the Interim Town Manager to
execute documents for the same. (SB)
14. Consider and act upon approving the purchase of a 2023 Ram 1500 Pickup Truck
from Enterprise Fleet Management utilizing The Interlocal Purchasing System
(TIPS); and authorizing the Interim Town Manager to execute the same. (SB)
15. Consider and act upon approving the purchase of Bunker Gear and Wildland
Gear from NAFECO INC., utilizing the Texas Local Government Purchasing
Cooperative; and authorizing the Interim Town Manager to execute documents
for the same. (SB)
16. Consider and act upon the purchase of twenty-one (21) TASER 7 devices from
Axon Enterprise, through the Texas Local Government Purchasing Cooperative.
(BM)
17. Consider an act upon approval of a contract with The Christmas Light Company
for Christmas Display Services. (DB)
18. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
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Site Plans and Preliminary Site Plans, including Windmill Hill, 7 Brew, and
Lighthouse Church. (DS)
Deputy Mayor Pro-Tem Andres requested to pull item #10.
Councilmember Kern requested to pull item #5.
Councilmember Cotten made a motion to approve consent agenda items 2 through 18
excluding items 5 and 10. Mayor Pro-Tem Hodges seconded that motion, and the
motion was unanimously approved.
Deputy Mayor Pro-Tem Andres asked regarding item #10 if there was a process in
choosing the street sweeper. Mr. Jaromin noted that there were options, but this
company provides maintenance to the equipment, and that was an important factor in
their decision.
Deputy Mayor Pro-Tem Andres made a motion to approve the lease agreement for an
Elgin RegenX Regenerative Air Street Sweeper from Kinloch Equipment & Supply,
Inc., through the Sourcewell Purchasing Cooperative; and authorizing the Town
Manager to execute documents for the same. Councilmember Ray seconded that
motion, and the motion was unanimously approved.
Councilmember Kern stated regarding item #5, he wanted to publicly announce that
the amendments to this item that were debated during the budget and included having
a Fund Balance policy of 25%, a level fleet replacement fund (VERF), a capital
dedicated levy, and to reduce the additional fund balance target to one percent for a
total General Fund target of 21 %.
Councilmember Kern made a motion to approve amendments to the Administrative
Regulation Chapter 13 - Fund Balance. Councilmember Cotten seconded that motion,
and the motion was unanimously approved.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
19. Consider appointment of Weaver and Tidwell, L.L.P. for a five-year term as
external auditors for the Town's annual audited financial statements for the
fiscal year ending September 30, 2022, through 2026, and authorizing the Interim
Town Manager to approve the annual engagement letter. (RBS)
Mr. Scott stated that requests for proposals were distributed with the Town receiving
four. The Finance Sub -Committee interviewed the two finalists and are recommending
the appointment of Weaver & Tidwell L.L.P.
Councilmember Ray stated he felt both finalists were qualified and would help the
Town with the next steps. Councilmember Cotten voiced his support for the
recommendation.
Councilmember Ray made a motion to approve the appointment of Weaver and
Tidwell, L.L.P. for a five-year term as external auditors for the Town's annual audited
financial statements for the fiscal year ending September 30, 2022, through 2026, and
authorizing the Interim Town Manager to approve the annual engagement letter.
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Councilmember Cotten seconded that motion, and the motion was unanimously
approved.
20. Consider the appointment of Burns & McDonnell as the solid waste services
consultant to assist the Town in the writing and issuance of a Solid Waste
Services Request for Proposal (RFP), and an RFP for the purchase and
distribution of Town -owned solid waste containers and authorizing the Interim
Town Manager to approve the related contract for services for an amount not to
exceed $50,000. (RBS)
Mr. Scott stated the Town's current solid waste contract expires January 31, 2024. It
has been determined that the Town desires certain changes that will require a new
contract rather than renewal. If a new provider is chosen, transition could require a
year given supply chain issues and nature of these services. Burns & McDonnell has
successfully assisted many metroplex cities and is being recommended by staff to
assist the Town.
Mayor Pro-Tem Hodges made a motion to approve the appointment of Burns &
McDonnell as the solid waste services consultant to assist the Town in the writing and
issuance of a Solid Waste Services Request for Proposal (RFP), and an RFP for the
purchase and distribution of Town -owned solid waste containers and authorizing the
Interim Town Manager to approve the related contract for services for an amount not
to exceed $50,000. Deputy Mayor Pro-Tem Andres seconded that motion, and the
motion was unanimously approved.
21. Consider and act upon the appointment of members to an ad hoc select
committee to consider and address the continuation of the Fire Control,
Prevention and Emergency Medical Services District and the Crime Control and
Prevention District, and to make recommendations to the Town Council
regarding the term of continuation of said Districts, and all matters incident and
related thereto. (MLS)
Ms. Lewis Sirianni stated in September 2022, staff received notification that the
districts will be dissolved on September 30, 2023, unless the district holds a
continuation or dissolution referendum prior to said end date. At the October 11,
Council Work Session, the Council expressed their desire to appoint an Ad Hoc
Committee to provide a recommendation/charge for the continuation of both Special
Purpose Districts.
The Town Council recessed into Executive Session at 6:42 p.m. in compliance with
Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open
Meetings Act regarding Section §551.074 to discuss appointments to the Fire Control
Prevention and Emergency Medical Services District and the Crime Control and
Prevention Districts select committee.
The Town Council reconvened back into regular session at 6:53 p.m.
Councilmember Bartley made a motion to appoint the following individuals to the
Special Purpose Districts Committee: Jeff Hodges as Chair, Marcus Ray as Vice -
Chair, Stacy Cate, John Hamilton, Ian Giatti, Brent Kirby, and Kimberly Shamsy.
Possibly direct Town staff to schedule topic( ) for discussion at a future meeting.
No topics were discussed.
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EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 — To discuss and consider economic development incentives and all
matters incident and related thereto.
Section 551.072 — To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
Section 551.074 - To discuss appointments to the Fire Control, Prevention and Emergency
Medical Services District and the Crime Control and Prevention District select committee.
Section 551.074 — To discuss and consider personnel matters, including Town Manager
search and selection process, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 6:55 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 7:57 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 7:57 p.m.
These minutes approved on the 8th day of November 2022.
APPROVED:
David F. Bristol, Mayor
ATTEST:
�F PRO
Michelle Lewis Sirianni, Town Secretary �a
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