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Minutes TC 09/20/2010 - Special SessionMINUTES FROM A BUDGET WORKSHOP/REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 20, 2010 6:00 P.M. Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop/Regular Session on Monday, September 20, 2010. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Mayor Pro Tem Glenn Strother Council Member arrived at 6:47 p.m. Larry Hoover Council Member Margi Cantrell Council Member JD Stotts Council Member arrived at 6;26 p.m. STAFF AND GUEST(S) PRESENT: Stephen Seidel Acting Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Kathy DuBose Finance Director Scott Kniffen Police Chief Danny Thomas Fire Chief Adam Adams Parks Director Carolyn Huggins Community Development Director Mike Pastor Information Systems Director Mayor White announced the date of September 20, 2010, called the meeting to order and announced a quorum at 6:04 p.m. Mayor White announced that Council members Strother and Stotts would be late. WORK SESSION 1. 2010-457-T Town Council Budget Discussion; discussion of the same. (Presentation attached) Acting Town Manager Seidel stated that staff would present revenue and expenditure changes. Seidel said that this is an opportunity for the Council to discuss the budget and tax rate so that Staff can begin preparing the required documents for the meeting next week. Finance Director DuBose provided a Revenue Update, Expenditure Update, Council's requested additions, other possible changes, Tax Rate, Adjusted Tax Rate, Property Tax Rate, Drainage Fee, Capital Improvements Five Year Program and Capital Improvements 2010-11 Project. Mayor White questioned the 30% increase on Franchise Fees revenue for Allied. Finance Director DuBose explained that 200 homes were added last year, 200 homes are anticipated to be added this year. Minutes dated September 20, 2010 1 Council member Cantrell explained that even though the budgeted amount for Allied was at $49,500, the Town is only paying $45,900, plus the additional homes that have been added. Staff estimated Insurance premiums at an 11.5% increase which actually came in less than anticipated by about $10,000. Net differences between the expenditure and revenues were zero as presented by DuBose. Staff increased the proposed budget with expenses as Council had requested, including a Communications expense, the Town Manager's Salary and moving expense was increased, added a 2% Merit increase and removed the two additional Holidays. The Council will be looking at the debt refinancing later this evening which will save $17,350 next year and we could shift from debit services to O&M. Council member Cantrell asked what the appropriate amount of reserves was needed for the Town. Finance Director DuBose stated that this is a policy decision. The Town is looking at a 36% fund balance at the end of this year and at 34% for next year. Cantrell questioned if Council needs to be more aggressive designating the fund balance monies toward the actual budget. DuBose explained that the fund balance should only be used for a one time event and should not be used for an ongoing expense. Mayor White stated that the purpose of the extra tax approved in last year's budget was to address street reconstruction. Council member Hoover does not think that designating fund balance to a special project is a good idea and clarified that he does not want the fund balance treated like a cookie jar. Finance Director DuBose stated that once the Town closes the year and the Council knows the fund balance they can decide how much they want to set aside. Mayor Pro Tem Rose clarified that there is no monies set aside in this budget. Finance Director DuBose stated every 1 cent tax rate provides $77,000 and every 1 cent tax rate increase = $27/year for residents based upon current average home value. Mayor Pro Tem Rose questioned the additional expense for personnel in the Parks Department. Parks Director Adams stated that he could bid out certain functions prior to the new employees being hired. Rose is comfortable giving the Parks Department a cost for a service agreement, but has a problem adding new employees. Acting Town Manager Seidel stated that these employees are not slated to come on before the new year, prior to that, Staff can work on a Request for Proposal and would need to be specific for irrigation or bid it separately as it is a specialty. Rose stated that he is not comfortable with even hiring the new employees and would like the new FTEs in the Parks Department removed completely from this budget. Adams stated that he does not currently have a licensed irrigator and due to the complexity of the system, the Department needs a licensed irrigator in the field. Mayor Pro Tem Rose confirmed that there is no money added to the budget to fund the cost of a Request for Proposal for a salary survey. Acting Town Manager Seidel stated that the Staff has begun to collect Request for Proposals and the cost could be taken from the Fund Balance. Council member Cantrell questioned the $15,000 added for communications. Acting Town Manager Seidel stated that both figures of $12,000 and $15,000 were discussed at the last meeting, therefore Staff put in the higher amount to be safe. Mayor White and Council member Cantrell feel that $12,000 is adequate for citizens' communications. The Drainage study in the amount of $125,000 has been added from the perspective of issuing debt for bonds, but not a lump amount set aside. There is only a lump amount set aside for Phase 1. Mayor White stated that the Council needed to convene into Regular Session and would come back to the budget discussion as Council needs to be comfortable before next week. Minutes dated September 20, 2010 2 Council took a short break and reconvened into Regular Session at 7:10 p.m The Invocation was offered by Council member Cantrell. The Pledges were led by Mayor Pro Tem Rose. CITIZEN PRESENTATIONS: No speakers addressed the Council. The Public Hearing opened 7:12 p.m. PUBLIC HEARING 2. 2010-495-T Town Council to conduct 2nd Public Hearing regarding the budget and proposed tax rate increase for fiscal year October 1, 2010 to September 30, 2011 and Mayor to announce the date, time and place of the vote on the tax rate. Mayor White stated the following for the record: On September 27, 2010, the Town Council will hold a Public Meeting to adopt a 2010 tax rate that will exceed the lower of the rollback rate or the effective tax rate. As required by law, Public Hearings on a tax increase will be held on September 13, 2010 and September 20, 2010. Susan Edstrom, 269 Oak Hill Drive — Had hoped that the Council would have determined the tax increase and user fees tonight so that all residents can watch the tape and know what is coming. 3. 2010-506-T Town Council to conduct a Public Hearing on the proposed 2010-2011 Fiscal Year Budget pursuant to Section 9.05 of the Town Charter, "Council Action on Budget". Town Charter - Section 9.05 Council Action on Budget (b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed appropriate prior to general circulation for public hearing. The Council shall publish the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less than two weeks after such publication, for public hearing on the budget. The Notice was published in the September 15, 2010 edition of the Times Register. No speakers addressed the Council. Council member Cantrell encouraged the citizens to review the packet online as there have been a lot of changes made to the proposed budget. The Public Hearing closed at 7:17 p.m. REGULAR SESSION 4. 2010-504-T Consider and take appropriate action regarding an Ordinance providing for the Issuance and Sale of Town of Trophy Club, Texas, General Obligation Refunding Bonds, Series 2010; authorizing the execution and delivery of a Bond Purchase Agreement, a Paying Agent/Registrar Agreement and an Escrow Agreement; levying a tax in payment thereof; prescribing the form of said Bonds; approving the Official Statement; and enacting other provisions relating thereto. Minutes dated September 20, 2010 Dan Almon from Southwest Securities and Julie Pertain with Vinson and Elkins were in attendance to answer Council's questions. The bond issuance for approximately $2,860,000 of refunding bonds to be used to refund the General Obligation Bonds, Series 2001 and the General Obligation Refunding Bonds, Series 2002. The refunding will result in an estimated cash flow savings of over $213,000, with a present value of over $186,000, which is 7.84% and 6.83%, respectively of the bonds being refunded. These savings are net of all related bond issuance costs. Mr. Almon explained the two rating agency reports. Motion made by Council member Stotts, seconded by Council member Hoover, to approve an Ordinance providing for the Issuance and Sale of Town of Trophy Club, Texas, General Obligation Refunding Bonds, Series 2010; authorizing the execution and delivery of a Bond Purchase Agreement, a Paying Agent/Registrar Agreement and an Escrow Agreement; levying a tax in payment thereof; prescribing the form of said Bonds; approving the Official Statement; and enacting other provisions relating thereto. Susan Edstrom, 269 Oak Hill Drive — Questioned the recommendation from moving the $17,000 from I&S. Finance Director DuBose stated that the money has not been put in I&S yet. This rate was not available when Council first funded this Bond Series. Next year the rate can be adjusted and debt service rate can be lower. Motion passed unanimously without further discussion. EXECUTIVE SESSION 5. 2010-509-T Pursuant to Texas Government Code, Annotated, Subchapter 551, the Council will enter into executive session to or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act: (1) Review and discuss the interviews for the position of Trophy Club Town Manager The Council convened into Executive Session in the Public Service Conference Room at 7:46 p.m. The Council reconvened into Regular Session at 9:31 p.m. RECONVENE INTO REGULAR SESSION 6. 2010-510-T Consider and take appropriate action regarding the Executive Session. Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose to start contract negotiations with Paul Frederickson. Motion passed unanimously without any discussion. 7. 2010-496-T Consider and take appropriate action regarding financial and variance report dated August 2010. The August 2010 monthly financial report is presented in a format that provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. The accompanying variance report provides an explanation of actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed. Management recommends approval. Minutes dated September 20, 2010 4 Council member Cantrell questioned the Parks Revenues and Mayor Pro Tem Rose referenced facilities management. Council member Strother confirmed that sales tax is two months in the rears. Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose to approve the financial and variance report dated August 2010. Motion passed unanimously without further discussion. Council member Stotts asked that Item 9 be moved before Item number 8. No objections noted. 9. 2010-481-T Consider and take appropriate action regarding the creation of a Code of Conduct/Ethics Ordinance and the establishment of an Ethics Commission. This item was originally posted to the September 13, 2010 Town Council Agenda. The item was requested by Mayor Pro Tem Rose and Council member Cantrell. The back-up was received by staff after 5:00 p.m. on Wednesday, September 8. Staff did not have enough time to thoroughly evaluate the submission prior to the September 13, 2010 Agenda posting. Based on prior Council feedback, the consensus was to have an ordinance that was not as detailed and did not require the amount of disclosure as the proposed draft by Council member Rose. Staff has put together an ordinance that provides for adherence to Charter requirements as well as follows the laws set forth by State law. The Council requested that this item be postponed one week to give Staff the opportunity to review the submission. Council member Hoover feels the short version is adequate and that the other version will drive volunteers off. Council member Stotts feels that Staff's Draft is adequate as it will hold people to the State Law. Stotts explained that Private Sector employees are not allowed to accept gifts from a vendor while in contract negotiations. Mayor White feels that the Draft needs a bit more language other than just the reference to State Law as State Law is not always easily assessable. Stotts prefers the simpler approach. Mayor Pro Tem Rose said that there is a significant difference between the short and long versions. Ethics Ordinances at the Town level are different than at the State level, as the State level governs election issues. The short document does not include conduct therefore does not meet the Charter requirements. Rose would like an opportunity to revise the long document. Council member Hoover would like to see sections 6 and 7 deleted and stated that financial disclosure only applies to officials, not boards and commissions. Mayor Pro Tem Rose suggested that the Council agree to use the long version as the straw man, let Rose revise and then Council can vote each section up or down. Acting Town Manager Seidel asked the Council to consider identity theft. Motion made by Rose, seconded by Hoover, to use Trophy Club Code 7C and 3C Financial Disclosure Statement as a baseline document to revise and then bring back to Council in a few weeks. Council member Stotts confirmed that Mayor Pro Tem Rose planned to use the short document in his revisions. Council member Strother has a big problem with the whole document. As a City Official, Strother is bound by ethical obligations and should not have to fill out a form or complete a financial disclosure statement as it is no one's business. Strother believes that the Council should be bound by an ethics statement and cautioned the Council to remember that this is Trophy Club, not Los Angeles. If a council Minutes dated September 20, 2010 5 member feels that there is a conflict they need to bring it forward for the entire Council to talk about. Strother said that he would consider resigning from Council should an Ethics Ordinance such as this passes as he feels that strongly about it. Strother stated that Council's goal should be to make the best decision possible. Acting Town Manager Seidel said that the Council has the discretion on how to proceed as the Charter does not state specifically what the Council has to do. Council could adopt the State law and a Commission that serves every day or meets only when there is a discretion. Mayor White stated that all have played with this for several months. Council member Strother appreciates Mayor Pro Tem Rose's research as he can tell that Rose is very passionate about this. Mayor White stated that Council cannot vote in a workshop, but can receive consensus on the particulars. Council member Strother is a firm believer that the draft is completed prior to the meeting so that Council meetings can actually be conducted as a business meeting and all items discussed in two to three hours tops. Strother stated that the Council and Staff all need closure as this has been in the works for 16 months. Mayor Pro Tem Rose amended the motion to use Trophy Club Code of Ethics and Conduct revision #7 and Financial Disclosure version #3 as a baseline document to revise into an Ethics Ordinance per Charter requirements, which will be accomplished in a workshop session, the second agreed. Greg Lamont, 15 Avalon Drive — recommends a Commission and the financial disclosure be removed. Motion passed 5:1 with Strother opposing. 8. 2010-505-T Consider and take appropriate action regarding the process for the adoption of the FY 2010-2011 Budget and Tax Rate. Council member Stotts stated that he prefers the lower tax rate increase. Stotts is in favor of the merit increases and the drainage study but wishes the EDC money was being used differently and not for covering operational needs. Stotts stated that a four cent increase would be reasonable, yet he would like to do some significant cost cutting; however this is not the right time. Council member Stotts left the meeting at 10:22 p.m. Mayor White explained that a taxing unit must adopt its tax rate before September 30 or by the 60th day after the taxing unit receives the certified appraisal roll (September 20th), whichever is later. Failure to adopt a tax rate by this deadline results in the unit adopting its effective rate or last year's rate, whichever is lower, as its tax rate. That would make our rate $0.47 for 2010 as the current rate ($0.47) is lower than the effective rate of $0.488814. The loss in funding from the Manager's proposed rate of $0.50032 per $100 valuation to the current rate of $0.47 per $100 valuation is $230,779. Further, if a taxing unit's governing body fails to comply with the hearing, notice or rate adopting process in good faith, a property owner in the unit may seek an injunction to stop the unit from sending tax bills until the unit convinces the district court that it has complied with the law. According to State law, the Council must adopt the budget before adopting a tax rate. Mayor White commends the Council for their commitment and asked if any of the Council members had outstanding issues on the budget. Mayor Pro Tem Rose questioned the three new Parks employees and the RFP. Acting Town Manager Seidel is committed to running the RFP and work with Frederickson to bringing the RFP back prior to hiring the new employees at Council's request. Parks Director Adams Minutes dated September 20, 2010 6 suggested taking out the FTEs and then adding back next year if necessary. Finance Director DuBose said that this change should be easy to track and follow. Council member Cantrell recommended in an effort to hold the tax rate as low as we can that Finance go back and include what was originally added for the Town Manager's moving expenses, change communications from $15,000 to $12,000, and change the Town Manager's salary back to the original amount. Council member Hoover stated that he going to propose a tax rate of $0.52 because of the projections and he does not want to argue something that will bump up a rollback rate. Council member Cantrell is uncomfortable with that increase. Council member Strother understands Cantrell's concerns and he would like to cut taxes as well, however at this time Council's hands are tied. There are pieces that the Town can save on, but maybe only '/2 cent, it costs a lot to run the Town. Strother suggested the Staff continue to make strides to improve efficiency and commended the Staff for their efforts reducing was originally planned for the Park Bond, stating that Staff has already made a budget cut. Council member Cantrell does not think that Staff nor Council was diligent enough this year and did not look at everything they could. Cantrell believes that every position should be evaluated. Acting Town Manager Seidel argued that Council needs to trust the Manager and the positions he feels are necessary to get the job done. Mayor White stated that last year the Staff agreed to look at all positions and the organization structure to evaluate if the right people are in the right position. Mayor White questioned if Council was cutting?? covering the Town too short. Finance Director DuBose stated that a tax rate of $0.51 cents would be a $75,000 into a reserve, $0.515 cents would be a $114,000 and $0.52 cents would be $152,000. Council member Cantrell stated that she could not support a $0.52 cents tax increase, maybe $0.51 or $.0515. Staff advised that they would prepare a couple different examples of the tax increase for the Council's consider next Monday night. 10. 2010-503-T Items for Future Agendas. No action taken. 11. 2010-502-T Receive Mayor Pro Tem Rose's liaison report regarding the September 14, 2010 TCMUDI Meeting; discussion of same. A) Discuss and take appropriate action regarding the September 9, 2010 Joint Session with TCMUDI. Tax Rates and Rate Order Trinity Well Water Tank Group From the 9/9/10 Joint Session meeting: Council member Hoover would like to move forward and volunteered to be on the committee. Mayor White confirmed that Council member Strother was willing to sit on the committee and Council member Stotts volunteered to sit as well. The TCMUD No.1 discussed Directors Sanders and Carr to sit on this committee. No action taken, update only. Minutes dated September 20, 2010 7 12. 2010-501-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Walking with the Mayor Metroport Cities Partnership Final 25'h Anniversary Committee Meeting Mayors' Roundtable Dinner NISD Education Foundation - Annual Drive Kick-off Luncheon Reception and Interviews for Town Manager Rose would like to present Letters of Appreciation to the 25`h Anniversary Committee members. ADJOURN Motion made by Rose, seconded by Cantrell to adjourn. Meeting adjourned at 11:56 p.m. nnon DePrater, Int4rim Town Secretary Town of Trophy Club, Texas Connie White, Mayor Town of Trophy Club, Texas Minutes dated September 20, 2010 8