Minutes TC 01/25/2010 - Special SessionMINUTES OF A TOWN COUNCIL
SPECIAL JOINT SESSION WITH TCMUD NO. 1
100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
MONDAY, JANUARY 25, 2010 AT 7:00 PM
SVORE MUNICIPAL BUILDING BOARDROOM
STATE OF TEXAS
COUNTY OF DENTON
The Town Council of the Town of Trophy Club, Texas, met in a Special Joint Session with
TCMUD No. 1 on Monday, January 25, 2010. The meeting was held within the boundaries of
the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White
Mayor
Glenn Strother
Mayor Pro Tem
Philip Sterling
Council Member
Kathleen Wilson
Council Member
Bill Rose
Council Member
TOWN COUNCIL MEMBERS ABSENT:
Susan Edstrom Council Member
TCMUD NO.1 MEMBERS PRESENT:
Dean Henry
Joint President
James Budarf
Joint President
Gary Cantrell
Joint Vice President
Kevin Carr
Joint Vice President
Jim Hass
Secretary/Treasurer
James Thomas
Secretary/Treasurer
Neil Twomey
Director
Bob Fair
Director
Steven Kohs
Director
Bob West
MUD Attorney
Pam Liston
MUD Attorney
TCMUD NO. 1 MEMBERS ABSENT:
Joseph Boclair Director
STAFF AND GUEST(S) PRESENT:
Brandon Emmons
Town Manager
Stephen Seidel
Assistant Town Manager
Lisa Hennek
Town Secretary
Patricia Adams
Town Attorney
Kathy DuBose
Finance Director
Danny Thomas
Fire Chief
Scott Kniffen
Police Chief
Town Council Minutes dated January 25, 2010 (Joint Session TCMUD No. 1)
Carolyn Huggins
Robert Scott
Mary Moore
Planning and Zoning Manager
TCMUD No. 1 District Manager
TCMUD No. 1 Secretary
Mayor White announced the date of January 25, 2010, called to order and announced a
quorum at 5.00 p.m.
JOINT SESSION WITH TROPHY CLUB MUNICIPAL UTILITY DISTRICT #1
1. 2010-47-T Receive report from the SEMO (Shared Employees MUD Organization)
Committee, Town Manager to provide information regarding Services Providers,
discussion regarding the same.
Director Hase indicated that the SEMO Committee was created in order to determine better
efficiency operations.
Director Hase presented the SEMO Committee Report consisting of four scenarios.
Scenario No. 1 - Present Day 50150 Split (Shared Service Providers)
Scenario No. 2 - Bid by Town
Scenario No. 3 - Bid by CPA Firm
Scenario No. 4 - All MUD Personnel Services In-house
Director Hase stated that there would be a one time fee of $87,159 to move the Shared Service
Providers from their current retirement program with Texas Municipal Retirement System to
Texas County District Retirement System. The fee is necessary in order not to affect the
current earnings of the employees with less than five years of service.
Mayor White commented that the past May Election was a very tumultuous election and she
had hoped that the SEMO Committee would have included members of the Town. White stated
that the MUD has also vowed support of the Town and creating organizational efficiencies.
Mayor White gave a presentation regarding the Impact of the SEMO Committee Options on the
Residents of Trophy Club.
How do we deal with remaining shared employees?
• Hiring for vacancies
• Processing payroll
• Administrative Support
• Training
- Which Departments will remain shared?
1T
Fire/EMS
The Police and Fire Administrative Assistant currently serves as Secretary for
Denton County Fire Chiefs Association as Chief Thomas is the Chair.
Town Council Minutes dated January 25, 2010 (Joint Session TCMUD No. 1) 2
Mayor White asked the Board to consider the Financial Impact on the Residents:
�- Shifts employee compensation from water revenue to tax base
➢ One time start-up cost — $1 Ok (software)
Other costs — $87k (retirement buy -in)
➢ Productivity loss
Mayor White explained the Current Financial Process — Basic Town -MUD Split Purchase versus
Future Financial Process —Town -MUD Split Purchase - Current Electric Bili Payment Process
versus Future Electric Bill Payment Process, showing the complications created if the processes
were to be separated.
Director Cantrell questioned if the Town has ever looked at outsourcing on the city side in order
to be more efficient.
Director Budarf questioned why the Mayor and Town Manager did not participate in the SEMO
meetings. Mayor White responded that the Town had asked to be involved but the SEMO
Committee requested that the Council wait until the SEMO Committee had the opportunity to
put together some numbers at which time they would give the Council to opportunity to respond.
Director Cantrell questioned if Town Manager Emmons felt that the Water District is a revenue
generating system. Mayor White responded that the Water District is a cost sharing District.
Town Manager Emmons stated that he has never claimed that the Municipal Utility District was
a cost revenue system, only that the cost to run the operation is recouped in the maintenance.
Director Thomas stated that the shared employees concept worked well for a long time;
however when talking to the employees now, the system is broken. Thomas said that the
Board's intent is to run TCMUD No. 1 as a business and keep the politics out of it. Thomas
said that it is hard to run a business when they receive financials three months old.
Mayor White explained that the Finance Department has had an extremely tough year and was
short staffed for much of the year. During the interview process for a Finance Director, the
department had two individuals out on sick leave. White commended the Finance Department
and the obscene hours they have worked trying to catch up. White stated that the MUD
financials have always been behind during Audit in October and November.
Director Hase said that perhaps the Town/MUD is too small to maintain a finance department
and that a CPA firm is better equipped to manage the responsibilities even when one person is
out.
Director Twomey stated that TCMUD No. 1 received push back when they offered to fund a
finance position at 100% after the former Finance Director resigned. The CPA firm could
produce the financials within seven to ten days after months end. The CPA firm has an
obligation to perform regardless of who is out sick. Twomey suggested the Town consider a
regional police department. Mayor White responded that a regional police department is a great
concept, however it is not always easy to achieve and both sides need to be open to discuss.
Town Manager Emmons commended TCMUD No_ 1's theory of running the MUD as a
business and saving the residents. Emmons reminded the Board that their business is a public
service that has to be provided to the residents and hopes that the business concept still allows
quality customer service to the community. Emmons responded to the discussion regarding
outsourcing, stating that one employee would still be responsible for the data entry of the
Town Council Minutes dated January 25, 2010 (Joint Session TCMUD No_ 1) 3
information needed for the CPA firm. What happens when this employee is out? There is
back-up under the current situation and Elected Officials must understand that daily job
functions take precedence over certain financial reporting requests when short-staffed.
Town Manager Emmons asked the Board to consider a couple of different factors in response to
Director Thomas' claim that the shared employee concept no longer works. First the lack of
direction; employees are made to choose loyalties between both entities and there is a constant,
prevailing notion that TCMUD No. 1 will cease funding for their position. Emmons stated that the
Town has routinely picked up the funding of positions that have been cut by TCMUD No. 1;
Building Inspector, Planning and Zoning Manager, Code Enforcement, Deputy Town
Secretary/RMO (although still listed as a Shared Service Provider on the SEMO Report.)
Emmons questioned who would be responsible to perform the Fire and EMS job functions of the
Police and Fire Services Administrative Assistant should TCMUD No. 1 cut funding for her
position. Emmons explained that this position currently serves as Secretary for Denton County
Fire Chief's Association as Chief Thomas is the Chair.
Director Thomas explained the separation would only impact ten of the twelve shared
employees as it does not make sense to separate the IT Department. Thomas suggested
possibly cross -training the remaining fifty-three employees. Mayor White clarified that
approximately thirty of the fifty-three employees Thomas referred to are summer (part-time)
employees. Director Thomas offered for one of the 100% MUD funded employees to help out
with the 50% portion/job functions that would be cut with Police and Fire Administrative
Assistant and suggested that the Town then find something else for that person to do.
Director Carr said that it does not make economical sense to have two different network
servers. TCMUD No. 1 gets very little bang for the buck for the Town Secretary and Human
Resources Department and TCMUD No. 1 now has their own MUD Secretary. Carr stated that
TCMUD No. 1 is obligated to the tax payers to run an efficient operation, even if it means
separating in order to create a savings to the tax payer.
Mayor White reminded the group again that the Board has always been committed to supporting
and working together with the Town for the sake of the community.
Director Budarf questioned Mayor White about the Park Director 50150 funding as listed in the
SEMO report. Mayor White explained the reference is inaccurate, the Parks Director is funded
100% by the Town and the Town did not produce the SEMO report. Director Budarf reminded
all of the Elected Officials to consider the residents' tax when deciding what option is best.
Director Cantrell stated that the consolidation of MUD No.1 and No. 2 has reduced the financial
impact and should for the Town as well. Mayor White agreed that there may be inefficiencies
from too many systems and that the Council will be looking at positions, however splitting is only
transferring cost from one hand to another.
Director Thomas said that the SEMO Committee's intent was to start the separation process
now, with an October 1, 2010 effective date; this way the employees will not have to continue
worrying about whether their positions will be funded or not. Thomas questioned what the Town
would do about the funding for the folks no longer funded by TCMUD No. 1. Town Manager
Emmons said historically, the Town has always picked up the 50% no longer funded by the
MUD.
Town Council Minutes dated January 25, 2010 (Joint Session TCMUD No, 1) 4
Town Manager Emmons requested Council's permission for the Town to offer TCMUD NO. 1 an
Employment Contract Services Agreement.
Mayor White completed her presentation with an explanation of the tax impact and insurance
savings. Town Manager Emmons stated that the Town's Insurance Broker advised that
coverage currently provided to the Town for all employees (100% Town funded, 100% MUD
funded, and the 50150% funded) would not be possible if the Town and TCMUD No. 1 separate
into two different entities. Currently the policy is for coverage of Town employees as provided in
the Intergovernmental Contract for Employee Services. Should the separation occur, and
employees with family coverage and the same benefits currently provided can expect an
increase of approximately $1,000 per month.
Mayor White agreed that the system is broken, but would like an opportunity to work together
with TCMUD NO. 1, before the decision to tear it apart is concluded. White stated that based
on the numbers the Town was provided, the split would cost the residents a total $304,500.
Mayor White asked TCMUD NO. 1 to work with the Council to come up with the best options.
Council member Sterling said that while everyone is totally emerged in the Town versus the
MUD, the bottom line is the total savings and aggregate affects on the entire community as a
whole.
Director Hase said when asked what job functions he performed for TCMUD No. 1 were; the
Permit Clerk's response was "Practically nothing, Utility Billing does the majority of his work."
Council member Sterling commented that even if TCMUD NO. 1 decides not to fund the Permit
Clerk, the residents will still pay for it, as the Town (Town and TCMUD No. 1) need this position.
Director Budarf said the bottom line is that the staff is under two different governances. The
SEMO Committee streamlined all of the MUD functions in order to save money.
Mayor Pro Tem Strother and Council member Sterling agreed that the MUD will only be shifting
the payment to the Town as ultimately the MUD savings will result in an increase to the Town's
side.
Director Budarf told the Council to consider the money the Town is receiving from the PID.
Town Manager Emmons and Mayor White explained that TCMUD No. 1 is going to receive
monies from the PID as well.
Director Twomey stated as its own entity, is it cheaper for the owners of TCMUD No. 1 to
outsource. Twomey said that the SEMO letter was dated in November and that the Town
should have become involved sooner and sent out their presentation earlier. Mayor White
replied that the Town only just received the SEMO report late Friday night. Director Twomey
said that the Town's response to the SEMO report is slanted.
Town Manager. Emmons said that he keeps hearing from TCMUD NO. 1 that separating and
outsourcing is the cheapest and less expensive option. Emmons asked the Board to consider if
the less expensive option is really the best option for the residents. For example, the Town has
researched outsourcing the Police Department, however based on the service needs of our
residents; this was not the best option for the Trophy Club Community. While true that TCMUD
No. 1 is not getting a true 50% from the Permit Clerk, the Town is not charging TCMUD No. 1
for the support services performed by the Building/Plumbing Inspector, whose job is to ensure
Town Council Minutes dated January 25, 2010 (Joint Session TCMUD No. 1)
that adequate plumbing ties into the TCMUD No. 1 infrastructure. The permit fee is cost neutral.
When it comes to City Services lowest cost will frequently not meet the needs of the residents_
Council member Rose said that it is difficult to know where to start and that this is a real
attention getter. Rose stated that the Finance Department has been operating the general
ledger by pencil and paper due to very old systems and also addressing MUD finance errors
dating back to 2002. Rose surveyed forty-three cities and the Town's Finance Department, by
comparison is seriously under staffed. Only one out of forty-one cities outsource their finance
department which would suggest that outsourcing is not the best idea. Rose questioned if the
SEMO Report, Chart #1, actually compared apples to apples. The Town quoted a price for
financial services with sixty-eight points. The CPA Firm only quoted for sixteen points. Rose is
in favor of the Town providing a cost for services agreement.
Director Hase said that he is driven in regard to the shared employees based on the unpleasant
work environment that has been created. Hase stated that TCMUD No. 1 will have more control
with outsourcing than what they currently have with the Town.
Mayor Pro Tem Strother agreed with Director Hase about the work environment and realizes the
added stress, yet feels that there are better solutions than breaking the whole process apart.
Strother commended the research gathered by the SEMO. Strother said it is disappointing
when the debate is consistently us versus them and everyone should be looking at this as a unit
of one and focus on the common goals. If TCMUD No.1 totally outsources, a position is still
going to be needed to perform the data entry and provide information. Strother believes that
there is still a lot more progress to be made and reminded TCMUD No. 1, if you take away from
one, you still have to pay for it one way or the other. There will be an added cost to the
residents however you split it.
Council member Sterling stated that outsourcing has been considered, however quality control,
continuity and promptness of service quality were big factors in keeping positions in-house.
Town Manager Emmons said this is about serving our community and our staff. Employees get
tired of having their position threatened every year because one entity can find someone or
something cheaper. During the budgeting process last year, Council looked at outsourcing the
Inspection Department. Estimated cost to outsource was $183,000, as opposed to $90,000 in-
house; a huge savings to the Town. Outsourcing the Street Department was also considered,
however when evaluating the repairs alone, there was a cost savings to keep in-house, not
even including the additional services received, like sanding the roads in bad weather and
keeping the storm drains clear. The Community will not receive these services with out-
sourcing and there is a cost associated with superior service to the residents. Emmons said
that he could find cheaper means to perform services, however not at the risk of quality services
to the residents.
Council member Wilson stated that she felt there were some disingenuous comments being
made. Wilson does not get this sense when she delivers her TCMUD No. 1 Liaison report to
the Council. Wilson has not received any reception in past budget workshops when she has
suggested certain employees/positions be evaluated as the Town is managed by a
Manager/Council form of government and the Town Manager gets to make these decisions.
Wilson sits on both sides, realizing TCMUD No. 1 is not getting the value of some employees,
yet the Town wants TCMUD No. 1's 50% contribution. Wilson stated the Council snipes about
TCMUD No. 1 yet wants the MUDs to entrust their business with the Town. Wilson believes
that there is so much aggregate BS at the top; however we are not talking about the top but why
Town Council Minutes dated January 25, 2010 (Joint Session TCMUD No. 1) 6
TCMUD No. 1 is paying 50% of services they are not getting. On January 4I' Wilson offered to
provide the SEMO report to the Council, yet no one on the Council requested a copy.
2. 2010-48-T Set Next Joint Meeting Date for Saturday, February 6, 2010, 9:00 a.m. -
12:00 p.m. and select the venue.
Mayor White proposed that the Council and TCMUD No. 1 meet again on Saturday, February 6,
2010 to continue discussing.
Joint President Budarf is in favor of the meeting.
Joint President Henry is in favor of this meeting.
Director Cantrell is in favor of this meeting.
Director Carr is in favor of the meeting, providing the Town come with a mindset and solutions
to fix the problems.
Director Twomey said that consideration to the financial side of the community and the
atmosphere to the employees need to be given. Twomey remarked that Council member Rose
has been on the Council since May, yet suddenly the Council needs to look at TCMUD No. 1
and the impact it may have on the Town. The TCMUD No. 1 may be the bad guys but are the
bad guys the residents' taxes. Twomey is in favor of the meeting, providing the Town come
with honest information.
Director Fair is in favor of the joint meeting.
Director Thomas requested Town Manager Emmons and District Manager Scott work together
to provide the numbers should the TCMUD No. 1 take over EMS. Thomas suggested limiting
the staff to the two managers.
Director Cantrell is in favor of joint meeting.
Director Kohs is in favor of the joint meeting.
No action taken
Mayor White adjourned the Joint Session at 9:42 p.m.
Council to reconvene to Public Services Conference Room
Mayor White called the Special Session to order at 9:50 p.m.
TOWN COUNCIL SPECIAL SESSION
3. 2010-49 T Consider and tate appropriate action adopting goals and objectives for
FY 201011.
Council member Rose revised the Goals and Objectives created by the Council, to include his
legacy goals as groupings for the Goals and Objectives. .
Council members Wilson and Sterling liked Council member Rose's revisions.
Motion made by Sterling, seconded by Wilson to adopt the goals and objectives for FY 2010-11,
and requested Staff to reformat.
Town Council Minutes dated January 25, 2010 (Joint Session TCMUD No. 1) 7
Council member Wilson thanked Finance Director Kathy DuBose for her help keeping the
Council on track at the previous workshop sessions.
ADJOURN
Motion to adjourn made by Strother, seconded by Wilson. Meeting adjourned at 10:05 p.m.
L) o--2 Q ZL
Lisa Hennek, Town Secretary
Town of Trophy Club, Texas
Connie White, Mayor
Town of Trophy Club, Texas
Town Council Minutes dated January 25, 2010 (Joint Session TCMUD No. 1) $