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HomeMy WebLinkAboutFeb 16, 2010 Regular Session Agenda PacketTrophy Club Municipal Utility District No. 1 Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMTuesday, February 16, 2010 REGULAR MEETING Call to order and announce a quorum. REGULAR SESSION 1.2010-28-M1 Discuss and take appropriate action regarding the sale of Trophy Club Municipal Utility District No. 1 Unlimited Tax Bonds, Series 2010, including the adoption of a resolution authorizing the sale of such bonds and the publication of the Notice of Sale. Resolution-NoticeOfSale-BondFireStation.pdf Notice of Sale.pdf Attachments: 2.2010-13-M1 Receive District Manager's Report a. Water pumped vs. billed b. Monthly Revenue for Wastewater Treatment Plant c. Update on Water Plant Booster Pump (formerly VFD) d. Update on Candidate Filings for Directors' election in May e. Update regarding meeting with Richard Kuhlman, Maguire Partners Water PumpedVsBilled-01-10.pdf Candidate Spreadsheet2010.pdf Attachments: 3.2010-21-M1 Receive Finance Director's Report a. Monthly Update 4.2010-14-M1 Review and Approve Disbursements and Variance Report a. January 2010 January 2010 Monthly Financial Statements.pdfAttachments: 5.2010-12-M1 Receive Fire Update from Fire Chief Thomas a. To provide Board with a monthly update and address the Board's questions. Jan Fire Report.pdfAttachments: TCMUD No. 1 1 of 160 16 Feb 2010 February 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Agenda 6.2010-15-M1 Receive Town Council Update a. Councilwoman Wilson to provide Board with an update of Council meetings, notices and relevant business. 7.2010-30-M1 Discuss and take appropriate action regarding an Order calling a Joint-General Election for May 8, 2010 for the purpose of electing five (5) directors to five (5) places on the Trophy Club MUD 1 Board. Deliberar y tomar el debido curso de acción en relación a la Orden convocando una Elección General Conjunta para el 8 de mayo de 2010 con el propósito de elegir cinco (5) directores para ocupar cinco (5) cargos en la Junta de Trophy Club MUD 1. M1-Order 2010-0216-Call Election.pdfAttachments: 8.2010-31-M1 Discuss and take appropriate action regarding a Joint Election Agreement and Contract for Services with Denton County for the May 8, 2010 election. Denton County Election Contract-Draft-Final.pdfAttachments: 9.2010-32-M1 Discuss and take appropriate action regarding a Joint Election Agreement between Trophy Club Municipal Utility District No. 1 and Town of Trophy Club for the May 8, 2010 election. Joint Election Agreement -Town-May 2010 Election.pdfAttachments: 10.2010-33-M1 Review, discuss and take appropriate action regarding restructuring the MUD 1 Rate Order. TCMUD1-O-2009-0915-C-RateOrder-Excuted.pdfAttachments: 11.2010-29-M1 Discuss and take appropriate action regarding an update to the Amendment to the Information Form. 12.2010-01-M1 Discuss and take appropriate action regarding SEMO Committee meetings and findings. 13.2010-34-M1 Discuss and take appropriate action regarding the New Intergovernmental Contract for Employee Services and the Amendment to New Intergovernmental Contract for Employee Services. ILA-EmployeeSvcs and Amendment.pdfAttachments: 14.2010-35-M1 Review and Approve Minutes: a. January 19, 2009 - Regular Session b. January 25, 2009 - Special/Joint Session M1 Minutes 011910.pdf M1 Minutes 012510-Special Joint.pdf Attachments: TCMUD No. 1 2 of 160 16 Feb 2010 February 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Agenda 15.2010-17-M1 Set Next Meeting Date a. Regular Session: Tuesday, March 16, 2010, 6:00 p.m . March 2010 Calendar.pdfAttachments: 16.2010-18-M1 Review Monthly Tax Collection Report a. January 2010 January Tax Collection Report.pdfAttachments: 17.2010-19-M1 Items for Future Agendas a. MUD 1's water contract with City of Fort Worth b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank c. Water Study (Twomey) d. Disaster Planning e. Creation of TCMUD1 website (09-115-M1) f. Agreement between TCMUD1 and the Trophy Club Country Club (TCCC) for the use of a portion of TCCC's parking lot. g. Fire Station Committee Citizen Presentation Citizens are allowed three (3) minutes to address the Board regarding an item over which the Board has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. Adjourn Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. * THE BOARD RESERVES THE RIGHT TO ADJOURN INTO A CLOSED SESSION AT ANY TIME DURING THE MEETING FOR THE PURPOSE OF SEEKING THE ADVICE OF ITS ATTORNEY ABOUT ANY ITEM ON THE AGENDA OR THAT ARISES AT THE MEETING, PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE. TCMUD No. 1 3 of 160 16 Feb 2010 February 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Agenda CERTIFICATION) THE STATE OF TEXAS) COUNTY OF DENTON) COUNTY OF TARRANT) THIS CERTIFIES THAT ON THURSDAY, FEBRUARY 11, 2010, AT OR BEFORE 5:00 P.M., A COPY OF THE ABOVE NOTICE OF A MEETING OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 TO BE HELD ON TUESDAY, FEBRUARY 16, 2010, WAS POSTED ON THE FRONT WINDOW OF THE TROPHY CLUB M.U.D. ADMINISTRATION BUILDING, 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS, WHICH IS A PLACE CONVENIENT TO THE PUBLIC WITHIN THE BOUNDARIES OF THE DISTRICT, AND A COPY WAS ALSO PROVIDED TO THE COUNTY CLERKS OF DENTON AND TARRANT COUNTIES, TO BE POSTED ON THEIR WEBSITE AND/OR A BULLETIN BOARD AT A PLACE CONVENIENT TO THE PUBLIC IN SUCH COUNTY COURT HOUSES, PURSUANT TO SECTION 49.063 OF THE WATER CODE AND SECTION 551.054 OF THE OPEN MEETINGS ACT, CHAPTER 551 TEXAS GOVERNMENT CODE. ____________________ MARY MOORE MUD SECRETARY THIS FACILITY IS WHEELCHAIR ACCESSIBLE AND ACCESSIBLE PARKING SPACES ARE AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETATIVE SERVICES MUST BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT MARY MOORE AT (682) 831-4685 OR FAX YOUR REQUEST TO (817) 490-0705. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2010. ________________________________, Title: ___________________________ TCMUD No. 1 4 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-28-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:2/8/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:2/16/2010 Title:Discuss and take appropriate action regarding the sale of Trophy Club Municipal Utility District No. 1 Unlimited Tax Bonds, Series 2010, including the adoption of a resolution authorizing the sale of such bonds and the publication of the Notice of Sale. Attachments:Resolution-NoticeOfSale-BondFireStation.pdf Notice of Sale.pdf Action ByDate Action ResultVer. TCMUD No. 1 5 of 160 16 Feb 2010 12010-28-M1 Version:File #: Title Discuss and take appropriate action regarding the sale of Trophy Club Municipal Utility District No. 1 Unlimited Tax Bonds, Series 2010, including the adoption of a resolution authorizing the sale of such bonds and the publication of the Notice of Sale. Body [Enter body here.] TCMUD No. 1 6 of 160 16 Feb 2010 RESOLUTION AUTHORIZING NOTICE SALE OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 REVENUE BONDS, SERIES 2010, IN THE PRINCIPAL AMOUNT OF $2,000,000, AND OTHER MATTERS RELATED THERETO THE STATE OF TEXAS § COUNTIES OF DENTON AND TARRANT § TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 § WHEREAS, the Board of Directors of Trophy Club Municipal Utility District No. 1 do hereby authorize the advertising for sale and award of its Trophy Club Municipal Utility District No. 1 Revenue Bonds, Series 2010, in the principal amount of $2,000,000 (the “Bonds”) at a public sale on _____ __, 2010, all in accordance with Exhibit A, attached hereto as the Notice of Sale; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, Section 49.063 of the Texas Water Code. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1: 1. That in accordance with Section 49.183 of the Texas Water Code, the Board of Directors authorize the sale of the Bonds at a public sale and that due notice of such sale shall be published and advertised all in accordance with Section 49.183 of the Texas Water Code, as provided in Exhibit A attached hereto. 2. That this Resolution shall become effective immediately upon adoption. ----------------------------- TCMUD No. 1 7 of 160 16 Feb 2010 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTIES OF DENTON AND TARRANT § TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 § We, the undersigned officers of said District, hereby certify as follows: 1. The Board of Directors of said District, now consists of the consolidation of former Trophy Club Municipal Utility Districts Nos. 1 and Nos. 2, pursuant to a consolidation election held on May 9, 2009, convened in _______ MEETING ON THE ____ DAY OF ________, 2010, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of said Board, to-wit: Dean Henry, President James Budarf, President Gary Cantrell, Vice President Kevin Carr, Vice President Jim Hase, Secretary/Treasurer James Thomas, Secretary/Treasurer Neil Twomey, Director Joseph Boclair, Director Bob Fair, Director Steven Kohs, Director and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING NOTICE SALE OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 REVENUE BONDS, SERIES 2010, IN THE PRINCIPAL AMOUNT OF $2,000,000, AND OTHER MATTERS RELATED THERETO was duly introduced for the consideration of said Board and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of said Board shown present above voted "Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said Board's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said Board's minutes of said Meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Board as indicated therein; that each of the officers and members of said Board was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the President of the Board of Directors of said District has approved and hereby approves the aforesaid Resolution; that the President and Secretary of the Board of Directors of said District have duly TCMUD No. 1 8 of 160 16 Feb 2010 signed said Resolution; and that the President and Secretary of the Board of Directors of said District hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the ____ day of ________, 2010. _______________________ _______________________ Secretary, Board of Directors President, Board of Directors _______________________ _______________________ Secretary, Board of Directors President, Board of Directors SEAL TCMUD No. 1 9 of 160 16 Feb 2010 NOTICE OF SALE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 UNLIMITED TAX BONDS, SERIES 2010 (A political subdivision of the State of Texas located in Denton and Tarrant Counties, Texas) $2,000,000 Selling: March 16, 2010 Bids due 11:00 a.m. C.S.T. Place and Time of Award: The District will consider the award of the sale of the Bonds on March 16, 2010 at 6:00 P.M., C.S.T., at the designated meeting place inside the boundaries of the District, at the District’s Office, 100 Municipal Drive, Trophy Club, Texas 76262. Action will be taken immediately by the Board of Directors of the District to accept or reject the best bid. Each bidder must deliver a Bank Cashier’s Check in the amount of $40,000.00, payable to the order of Trophy Club Municipal Utility District No. 1, as a good faith deposit to Dan Almon, Southwest Securities, 1201 Elm St., Suite 3500, Dallas, Texas 75270, by 11:00 A.M., C.S.T. on the date of the sale. Address of the Bids Delivered in Person: Written bids, plainly marked “Bid for Bonds” should be addressed to the Board of Directors of Trophy Club Municipal Utility District No. 1, and if in person, delivered to Dan Almon, Southwest Securities, 1201 Elm St., Suite 3500, Dallas, Texas 75270, by 11:00 A.M., C.S.T. on March 16, 2010. All bids must be signed and submitted on the “Official Bid Form”. Electronic Bidding Procedures: Any prospective bidder that intends to submit an electronic bid must submit its electronic bid through the facilities of PARITY by 11:00 A.M., C.S.T., on March 16, 2010 as described in the “Official Notice of Sale” described below. Bids by Facsimile: Facsimile bids will be accepted at 214-859-9475 by 11:00 A.M., C.S.T., to the attention of Dan Almon, Southwest Securities on March 16, 2010, all as described in the “Official Notice of Sale” described below. Information: The Bonds are more completely described in the “Official Notice of Sale”, “Official Bid Form” and the “Preliminary Official Statement” which may be obtained from Dan Almon, Southwest Securities, 1201 Elm St., Suite 3500, Dallas, Texas 75270, Financial Advisors to the District. The Bidder whose bid is the winning bid in accordance with the Notice of Sale will be notified immediately and must submit a SIGNED OFFICIAL BID FORM in connection with the sale by 11:00 A.M., C.S.T. on March 16, 2010 to Dan Almon, Southwest Securities, 1201 Elm St., Suite 3500, Dallas, Texas 75270, at 214- 859-9452. The District reserves the right to reject any or all bids for the Bonds and to waive any and all irregularities except time of filing. This notices does not constitute an offer to sell the Bonds but is merely notice of sale of the Bonds as required by law. The offer to sell the Bonds will be made only by means of the “Official Notice of Sale”, the “Preliminary Official Statement” and the “Official Bid Form”. Board of Directors Trophy Club Municipal Utility District No. 1 TCMUD No. 1 10 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-13-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:1/13/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:1/19/2010 Title:Receive District Manager's Report a. Water pumped vs. billed b. Monthly Revenue for Wastewater Treatment Plant c. Update on Water Plant Booster Pump (formerly VFD) d. Update on Candidate Filings for Directors' election in May e. Update regarding meeting with Richard Kuhlman, Maguire Partners Attachments:Water PumpedVsBilled-01-10.pdf Candidate Spreadsheet2010.pdf Action ByDate Action ResultVer. TCMUD No. 1 11 of 160 16 Feb 2010 12010-13-M1 Version:File #: Title Receive District Manager's Report a. Water pumped vs. billed b. Monthly Revenue for Wastewater Treatment Plant c. Update on Water Plant Booster Pump (formerly VFD) d. Update on Candidate Filings for Directors' election in May e. Update regarding meeting with Richard Kuhlman, Maguire Partners TCMUD No. 1 12 of 160 16 Feb 2010 October November December January February March April May June July August Septembe Total for year 2006 74,441 56,296 41,272 54,171 37,626 35,714 55,429 60,800 88,899 113,904 122,820 81,806 823,178 2007 73,757 44,297 35,905 31,695 25,671 40,516 43,121 31,204 42,191 43,717 72,462 76,138 560,674 2008 63,250 47,082 33,371 37,194 31,472 30,766 40,313 48,829 78,091 91,664 115,042 75,494 692,568 2009 63,730 48,170 35,215 35,759 32,240 39,331 46,151 37,382 56,370 125,089 91,724 79,137 690,298 2010 39,794 39,713 29,547 30,305 Totals 314,972 235,558 175,310 189,124 127,009 146,327 185,014 178,215 265,551 374,374 402,048 312,575 2,906,077 October November December January February March April May June July August 79,297 48,609 36,966 32,915 26,974 25,771 31,755 46,747 70,315 69,134 92,539 84,849 51,836 38,869 32,850 24,742 25,111 32,240 47,364 75,755 68,715 82,007 90,400 55,063 40,772 32,785 22,510 24,451 32,726 47,980 81,195 68,296 71,476 95,952 58,290 42,675 32,721 20,278 23,791 33,211 48,597 86,636 67,878 350,497 213,799 159,281 131,271 94,504 99,122 129,932 190,688 313,900 274,022 246,022 Oct.Nov.Dec.Jan Feb.March April May June July August Sept.Total for year 2006 74,585 55,405 42,852 52,100 33,247 39,250 64,455 73,048 93,187 118,353 127,450 76,301 850,233 2007 72,460 49,249 34,203 28,257 31,492 43,900 41,770 37,340 41,215 43,136 75,480 72,087 570,589 2008 64,370 50,090 35,320 36,610 34,630 34,750 42,900 63,116 78,399 114,256 98,670 72,551 725,662 2009 65,110 48,570 36,411 36,587 36,385 44,120 48,881 38,250 66,450 116,823 94,525 81,500 713,612 2010 40,803 41,600 32,700 31,400 Totals 317,328 244,914 181,486 184,954 135,754 162,020 198,006 211,754 279,251 392,568 396,125 302,439 3,006,599 Water Billed 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJune July AugustSeptemberMonthsGallons 2006 2007 2008 2009 2010 Water Pumped 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 123456789101112 MonthsGallons 2006 2007 2008 2009 2010 TCMUD No. 1 13 of 160 16 Feb 2010 Place 1 Place 2 Place 3 Place 4 Place 5 1 Dean Henry Jim Hase Kevin Carr Neil Twomey Jim Thomas 2 Jim Budarf May 2010 MUD 1 Directors' Election TCMUD No. 1 14 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-21-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:1/14/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:1/19/2010 Title:Receive Finance Director's Report a. Monthly Update Attachments: Action ByDate Action ResultVer. TCMUD No. 1 15 of 160 16 Feb 2010 12010-21-M1 Version:File #: Title Receive Finance Director's Report a. Monthly Update TCMUD No. 1 16 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-14-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:1/13/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:1/19/2010 Title:Review and Approve Disbursements and Variance Report a. January 2010 Attachments:January 2010 Monthly Financial Statements.pdf Action ByDate Action ResultVer. TCMUD No. 1 17 of 160 16 Feb 2010 12010-14-M1 Version:File #: Title Review and Approve Disbursements and Variance Report a. January 2010 TCMUD No. 1 18 of 160 16 Feb 2010 TCMUD No. 1 19 of 160 16 Feb 2010 TCMUD No. 1 20 of 160 16 Feb 2010 TCMUD No. 1 21 of 160 16 Feb 2010 TCMUD No. 1 22 of 160 16 Feb 2010 TCMUD No. 1 23 of 160 16 Feb 2010 TCMUD No. 1 24 of 160 16 Feb 2010 TCMUD No. 1 25 of 160 16 Feb 2010 TCMUD No. 1 26 of 160 16 Feb 2010 TCMUD No. 1 27 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-12-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:1/13/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:1/19/2010 Title:Receive Fire Update from Fire Chief Thomas a. To provide Board with a monthly update and address the Board's questions. Attachments:Jan Fire Report.pdf Action ByDate Action ResultVer. TCMUD No. 1 28 of 160 16 Feb 2010 12010-12-M1 Version:File #: Title Receive Fire Update from Fire Chief Thomas a. To provide Board with a monthly update and address the Board's questions. TCMUD No. 1 29 of 160 16 Feb 2010 TCMUD No. 1 30 of 160 16 Feb 2010 TCMUD No. 1 31 of 160 16 Feb 2010 TCMUD No. 1 32 of 160 16 Feb 2010 TCMUD No. 1 33 of 160 16 Feb 2010 TCMUD No. 1 34 of 160 16 Feb 2010 TCMUD No. 1 35 of 160 16 Feb 2010 TCMUD No. 1 36 of 160 16 Feb 2010 TCMUD No. 1 37 of 160 16 Feb 2010 TCMUD No. 1 38 of 160 16 Feb 2010 TCMUD No. 1 39 of 160 16 Feb 2010 TCMUD No. 1 40 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-15-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:1/13/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:1/19/2010 Title:Receive Town Council Update a. Councilwoman Wilson to provide Board with an update of Council meetings, notices and relevant business. Attachments: Action ByDate Action ResultVer. TCMUD No. 1 41 of 160 16 Feb 2010 12010-15-M1 Version:File #: Title Receive Town Council Update a. Councilwoman Wilson to provide Board with an update of Council meetings, notices and relevant business. TCMUD No. 1 42 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-30-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:2/8/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action: Title:Discuss and take appropriate action regarding an Order calling a Joint-General Election for May 8, 2010 for the purpose of electing five (5) directors to five (5) places on the Trophy Club MUD 1 Board. Deliberar y tomar el debido curso de acción en relación a la Orden convocando una Elección General Conjunta para el 8 de mayo de 2010 con el propósito de elegir cinco (5) directores para ocupar cinco (5) cargos en la Junta de Trophy Club MUD 1. Attachments:M1-Order 2010-0216-Call Election.pdf Action ByDate Action ResultVer. TCMUD No. 1 43 of 160 16 Feb 2010 12010-30-M1 Version:File #: Title Discuss and take appropriate action regarding an Order calling a Joint-General Election for May 8, 2010 for the purpose of electing five (5) directors to five (5) places on the Trophy Club MUD 1 Board. Deliberar y tomar el debido curso de acción en relación a la Orden convocando una Elección General Conjunta para el 8 de mayo de 2010 con el propósito de elegir cinco (5) directores para ocupar cinco (5) cargos en la Junta de Trophy Club MUD 1. Body [Enter body here.] TCMUD No. 1 44 of 160 16 Feb 2010 Page 2 of 6 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ORDER NO. 2010-0216 AN ORDER OF THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, ORDERING AND CALLING A JOINT GENERAL ELECTION BETWEEN TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 AND THE TOWN OF TROPHY CLUB TO BE HELD ON MAY 8, 2010, FOR THE PURPOSE OF ELECTING FIVE (5) MUD DIRECTORS TO FIVE (5) PLACES ON THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD, WITH THREE (3) DIRECTORS SERVING FOR FOUR (4) YEAR TERMS EACH, AND TWO (2) DIRECTORS SERVING FOR TWO (2) YEAR TERMS EACH; DESIGNATING POLLING PLACES; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001(a)(2) of the Texas Election Code establishes the second Saturday of May as a Uniform Election Date for the purposes of conducting a General or Special Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a political subdivision shall be the authority to order a General or Special Election; and WHEREAS, the Trophy Club Municipal Utility District No. 1 Board of Directors (MUD 1 desires to and hereby calls a Joint General Election for the purpose of electing five (5) MUD 1 Directors for purposes hereinafter set forth; and WHEREAS, Section Sec. 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a political subdivision shall be ordered not later than the 62nd day before Election Day; and WHEREAS, Section 271.002 of the Texas Election Code and Section 49.104 of the Texas Water Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a joint election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places. TCMUD No. 1 45 of 160 16 Feb 2010 Page 2 of 6 WHEREAS, Trophy Club Municipal Utility District No. 1 and the Town of Trophy Club meet the specified criteria and desire to hold their election jointly, and attached and incorporated herein as Exhibit “B” is a copy of the Joint Election Agreement between said entities; and WHEREAS, The Election shall be conducted in accordance with the Elections Code under the jurisdiction of the Denton County Elections Department (the “Elections Administrator”) pursuant to the Joint Election Agreement and Contract for Election Services (the “Contract”) by and among Denton County Elections Department (“DCED”), and other participating entities, if any, described in the Contract. The District Manager or his designee(s) are authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner, as determined by the Elections Administrator and attached and incorporated herein as Exhibit “C” is a copy of said Contract between DCED, the MUD and the Town; NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1: Section 1. GOVERNING LAW; QUALIFICATION OF VOTERS The Election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident, qualified electors of the Town / District (?) shall be eligible to vote at the election. Section 2. EARLY VOTING The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to by each entity to the Early Voting Clerk, 401 West Hickory, Denton, Texas 76201, Denton, Texas 75207. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early Voting by personal appearance will be held at the locations listed in Attachment “A” of this document and on the dates and times as provided below. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. Voters residing in Tarrant County may only vote on Town and/or MUD- related items at the Town of Trophy Club early voting polling location. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapter 31 and 86 of the Texas Election Code. Any request for early voting ballots to be voted by mail received by the MUD Secretary shall be forwarded immediately by fax or courier to the Elections Administrator for processing. TCMUD No. 1 46 of 160 16 Feb 2010 Page 3 of 6 The Elections Administrator is hereby authorized and directed to make such changes in polling locations as may be necessary for the proper performance of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. Attachment “A” may be amended at a later date to include and / or delete any early voting sites added and/or deleted due to other political subdivisions adding or canceling an election. Early Voting Dates and Times: Monday, April 26 8a - 5p Tuesday, April 27 8a - 5p Wednesday, April 28 8a - 5p Thursday, April 29 8a - 5p Friday, April 30 8a - 5p Saturday, May 1 8a - 12p Monday, May 3 7a - 7p Tuesday, May 4 7a - 7p Any qualified voter of the Joint Election may vote early by personal appearance at any of the Joint Early Voting locations. Voters residing in Tarrant County may only vote on MUD-related items at the Town of Trophy Club early voting polling location. Section 4. ADMINISTRATION E-slate, a Direct Record Electronic (DRE) System shall be used for Early Voting by personal appearance, and in the May 8, 2010 Election. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 8, 2010 Election, the Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials said ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. E-Slate, a Direct Record Electronic (DRE) System shall be provided and used at each polling location on Election Day. Section 5. DATE OF ELECTION It is hereby ordered that a Joint General Election (the “Election”) shall be held in and throughout both the Town of Trophy Club and the Trophy Club Municipal Utility District No. 1 on Saturday, May 8, 2010. Section 6 . PURPOSE OF ELECTION The purpose of this Joint General Election is to elect five (5) MUD Directors to five (5) places on the Trophy Club Municipal Utility District No. 1 Board, with three (3) directors serving for four (4) year terms each, and two (2) directors serving for two (2) year terms each. Section 7. ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, at least 18 years of age on the first day of the term to be filled at the Election, has not been TCMUD No. 1 47 of 160 16 Feb 2010 Page 4 of 6 determined mentally incompetent by a final judgment of a court, has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate’s application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write in candidate. Additional requirements are as follows: A. Municipal Utility District Directors: (1) Must own land subject to taxation in the District for which they are filing; or (2) Must be a qualified voter within the District; and (3) Must not otherwise be disqualified from serving as a member of the Board of a Municipal Utility District pursuant to Section 49.052 of the Texas Water Code, as amended. Section 8. APPLICATION FOR A PLACE ON THE BALLOT Pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the MUD Secretary for MUD Board position not later than 5:00 p.m. on March 8, 2010. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the MUD Secretary for MUD Director positions, as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. Section 9. PLURALITY VOTE MUD1 directors shall be elected by plurality vote consistent with Section 49.102 of the Texas Water Code. Section 10. ELECTION MATERIALS The Election Materials enumerated in the Election Code shall be printed in both English and Spanish for use at the polling places and for Early Voting. Provisions shall be made for oral assistance to Spanish-speaking voters. Section 11. DELIVERY OF RETURNS The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. All election records and supplies shall be preserved by the Election Administrator in accordance with the Texas Election Code. TCMUD No. 1 48 of 160 16 Feb 2010 Page 5 of 6 Section 12. POSTING AND PUBLICATION OF NOTICE Notice of the Election shall be given by posting a Notice of Election in both English and Spanish containing a substantial copy of this Ordinance on the window of the Svore Municipal Building, commonly used for posting notices of the meetings of the MUD Board and at both the Denton and Tarrant County websites pursuant to Section 49.063 of the Water Code not less than twenty-one (21) days prior to the date of the Election. Participants agree to publish one notice for both entities on the same day for two (2) successive weeks in a newspaper of general circulation published within the Town, the date of the first publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. Section 13. NECESSARY ACTIONS The MUD Presidents and the MUD Secretary, in consultation with the MUD Attorneys and bond counsel, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. Section 14. CANVASSING OF RETURNS In accordance with Section 67.003(2) of the Texas Election Code, the Trophy Club Municipal District No. 1 shall convene on their regularly scheduled meeting date of Tuesday, May 18, 2010, at 6:00 p.m. to canvass the returns of the Election. Section 15. JOINT ELECTION AGREEMENT Section 271.002 of the Texas Election Code provides that the governing bodies of two or more political subdivisions may enter into an agreement to hold a Joint Election if the elections ordered by the authorities of the subdivisions are to be held on the same day in all or part of the same territory and can be served by common polling places. A copy of the Joint Election Agreement between the Trophy Club Municipal District No. 1 and Town of Trophy Club is attached hereto as Exhibit “B” and is incorporated herein. Additionally, a copy of Joint Election Agreement with Denton County Elections to conduct elections for Town of Trophy Club and Trophy Club Municipal District No. 1 is attached hereto as Exhibit “C.” Section 16. CUMULATIVE CLAUSE This Order shall be cumulative of all provisions of Orders of Trophy Club Municipal Utility District No. 1, except where the provisions of this Order are in direct conflict with the provisions of such other orders, in which event the conflicting provisions of such other orders are hereby repealed. Section 17. SEVERABILITY CLAUSE It is hereby declared to be the intent of the Board of Directors of Trophy Club Municipal Utility District No. 1 that the phrases, clauses, sentences, paragraphs, and sections of this Order are severable, and if any phrase, clause, sentence, paragraph, or section of this Order shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Order, since the same would have been enacted by the Board of Directors without incorporation of any TCMUD No. 1 49 of 160 16 Feb 2010 TCMUD 1 Order 2010-0216 Page 6 of 6 such unconstitutional phrase, clause, sentence, paragraph, or section. Section 18. EFFECTIVE DATE This Order shall become effective from and after its date of passage and publication in accordance with law. AND IT IS SO ORDERED. PASSED AND APPROVED by the Board of Directors of Trophy Club Municipal Utility District No. 1 this 16th day of February 2010. ___________________________ _____________________________ DEAN HENRY, Joint President JIM BUDARF, Joint President TCMUD No. 1 TCMUD No. 1 ATTEST: ____________________________ _____________________________ JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary TCMUD No. 1 TCMUD No. 1 APPROVED AS TO FORM: ____________________________ ATTORNEY, TCMUD No. 1 (Seal) TCMUD No. 1 50 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-31-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:2/8/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action: Title:Discuss and take appropriate action regarding a Joint Election Agreement and Contract for Services with Denton County for the May 8, 2010 election. (add Spanish translation) Attachments:Denton County Election Contract-Draft-Final.pdf Action ByDate Action ResultVer. TCMUD No. 1 51 of 160 16 Feb 2010 12010-31-M1 Version:File #: Title Discuss and take appropriate action regarding a Joint Election Agreement and Contract for Services with Denton County for the May 8, 2010 election. Body This year, Denton County Elections is offering a joint, full-service election contract (see attached). At the January 25, 2010 Special Session, the Board took the following action on the following agenda item:Discuss and take appropriate action regarding a Joint Election Agreement with Town of Trophy Club and/or Denton County Elections -2010-09-M1 - Director Cantrell moved to approve to approve a full-service Joint Election Agreement with Denton County Election to perform election services for TCMUD 1 and Town of Trophy Club. Director Twomey seconded the motion.Motion carried unanimously (9-0 -Director Boclair absent). TCMUD No. 1 52 of 160 16 Feb 2010 Page 1 of 11 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions that are entirely or the portion that are located inside the boundaries of Denton County: Town of Argyle Argyle Independent School District Town of Bartonville Denton Independent School District City of Corinth Krum Independent School District Town of Cross Roads Lake Dallas Independent School District City of Denton Lewisville Independent School District Town of Dish Little Elm Independent School District Town of Double Oak Northwest Independent School District Town of Flower Mound Pilot Point Independent School District Town of Hickory Creek Ponder Independent School District City of Highland Village Sanger Independent School District City of Justin Clear Creek Watershed Authority City of Krugerville Denton County Fresh Water Supply District No. 1-A City of Krum Denton County Fresh Water Supply District No. 1-B City of Lake Dallas Denton County Fresh Water Supply District No. 1-C City of Lewisville Denton County Fresh Water Supply District No. 1-D City of Oak Point Denton County Fresh Water Supply District No. 1-E City of Pilot Point Denton County Fresh Water Supply District No. 1-F Town of Ponder Denton County Fresh Water Supply District No. 1-G City of Sanger Denton County Fresh Water Supply District No. 1-H Town of Shady Shores Denton County Fresh Water Supply District No. 8-C City of Southlake Denton County Fresh Water Supply District No. 9 Town of Trophy Club Denton County Fresh Water Supply District No. 10 Lake Cities Municipal Utility Authority Mustang Special Utility Authority Trophy Club Municipal Utility District No. 1 Oak Point Water Control and Improvement District No. 1 Oak Point Water Control and Improvement District No. 2 Denton County Fresh Water Supply District No. 4-A Denton County Fresh Water Supply District No. 4 This contract is made pursuant to Texas Election code Sections 31.092 and 271.002 and Texas Education Code 11.0581 for a joint May 8, 2010 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator”. RECITALS Each participating authority listed about plans to hold a general and/or special election on May 8, 2010. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The Contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint TCMUD No. 1 53 of 160 16 Feb 2010 Page 2 of 11 elections in accordance with the applicable provisions of Chapter 31 and 271 of the Texas Election Code, as amended. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authorities as necessary. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. Denton County will perform a criminal background check on all employees, including temporary employees, which may program, test, perform maintenance, transport equipment, or perform technical support on the voting system equipment in accordance with Election Advisory No. 2009 and House Bill 2524 and applicable provision of the Texas Election Code. II. LEGAL DOCMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and /or the participating authority’s governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translations to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures or any changes that are specific to their own political subdivision. TCMUD No. 1 54 of 160 16 Feb 2010 Page 3 of 11 By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay department of Justice Preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorizes of any changes from the locations listed in Attachment A. If polling places for the May 8, 2010 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 7, 2010 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for the May 8, 2010 election. This notice shall be written in both the English and Spanish Languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall have one or more election officials who are fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. TCMUD No. 1 55 of 160 16 Feb 2010 Page 4 of 11 The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him/her of his/her appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and /or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, official ballots, voter registration lists, and all forms, signs, maps, and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Election Administrator a list of candidates and/or propositions showing the order the exact manner in which the candidate names and/or propositions(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ball ot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. (This is based on population.) TCMUD No. 1 56 of 160 16 Feb 2010 Page 5 of 11 Early Voting by Personal Appearance shall be conducted exclusively on Denton County’s eSlate electronic voting system. On Election Day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Denton County’s eScan voting system only if a participating authority choices to use both paper and electronic. Provisional ballots cast on Election Day will be on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. Due to current limitations of the county’s eScan ballot scanners, it is necessary that in the event ballot content for a particular participating authority or joint election ballot style is too lengthy to fit on one page paper ballot, all Election Day voting for that particular authority or ballot style must be held on the county’s eSlate voting system if a participating authority had wished to use both paper and electronic. If a participating authority wishes to use both paper and electronic, the full cost of the paper ballot will be up to that participating authority at each polling location that is shared with other participating authorities that don’t wish to have both paper and electronic. The number of paper ballots printed for Election Day voting shall be, at a minimum, equal to the same Election Day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end a number divisible by 50. The Election Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Elections Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates and times listed in Attachment B of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapter 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall provide each participating authority a copy of the early voting report on a daily basis and a cumulative final early voting report following the election. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be distributed to each participating authority no later than 8:00 AM each business day. TCMUD No. 1 57 of 160 16 Feb 2010 Page 6 of 11 VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Election Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central count room to receive and tabulate the voted ballots in accordance with provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central county station officials: Counting Station Manger: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Kesha Woods, Denton County Technical Operations Manager Presiding Judge: Randie Geistman Alternate Judge: Sara Tischler The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central counting station and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be released to the participating authorities by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct-by precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. The Elections Administrator shall be responsible for conducting the post election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY The Election Administrator agrees to administer the entire Pilot Point Independent School District election including that portion of the ISD that is within Grayson and Cooke County. The Election Administrator agrees to administer only the Denton County portions of the City of Southlake TCMUD No. 1 58 of 160 16 Feb 2010 Page 7 of 11 The Election Administrator agrees to administer only the Denton County portions of the Northwest Independent School District. The Election Administrator agrees to administer the entire City of Lewisville election including that portion of the City of Lewisville that is in Dallas County. The Election Administrator agrees to administer the entire Town of Trophy Club election including that portion of the Town of Trophy Club that is in Tarrant County. The Election Administrator agrees to administer the entire Town of Flower Mound including that portion of the Town of Flower Mound that is in Tarrant County. The Election Administrator agrees to administer only the Denton County portions of the Clear Creek Watershed Authority. The Election Administrator agrees to administer the entire Trophy Club Municipal utility District No. 1 election including that portion that is in Tarrant County. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 8, 2010 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 12, 2010. X. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per Election Day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. The participating authorities agree that for billing purposes, each Election Day polling place will be evaluated as to the number of full-time –equivalent (FTE) poll workers employed. Polling places with more than 5 FTE poll workers will be considered as one or more additional polling places with each full or partial multiple of 5 TCMUD No. 1 59 of 160 16 Feb 2010 Page 8 of 11 FTE poll workers constituting an additional polling place for purposes of determining the average cost formula in the preceding paragraph. If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating au thority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to 10 percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. XI. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 – 2.053 of the Texas Election Code. The withdrawing authority shall pay and is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Joseph A. Carroll Administration Building, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five (5) days after notification of all intents to withdraw have been received by the Elections Administrator. Any participating authority that plans to cancel an election must do so by March 17, 2010 at 10:00am. XII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. TCMUD No. 1 60 of 160 16 Feb 2010 Page 9 of 11 Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of The Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to notify the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIII. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. XIV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as, or be construed as, a waiver of any subsequent breach. TCMUD No. 1 61 of 160 16 Feb 2010 Page 10 of 11 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XV. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Denton County Elections Administrator a deposit of approximately 75% of this estimated obligation not later than 15 days after execution of this agreement. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 8, 2010 election (or runoff election, if applicable), and the Elections Administrator shall notify each participating authority if the amount of an authority’s total obligations exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority’s total is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Jurisdiction Total Estimate Deposit Due Argyle ISD $3,175.12 $2,481.34 Argyle $2,087.45 $1,665.59 Bartonville $1,953.10 $1,564.82 Clear Creek WA $2,414.59 $1,910.94 Corinth $2,756.91 $2,167.68 Cross Roads $1,440.99 $1,180.74 DCFWSD#10 $1,484.02 $1,213.02 DCFWSD#11A $1,123.20 $942.40 DCFWSD#11B $1,069.24 $901.93 DCFWSD#11C $1,068.86 $901.64 DCFWSD#1B $1,031.29 $873.47 DCFWSD#1C $932.97 $799.73 DCFWSD#1D $945.56 $809.17 DCFWSD#1E $980.07 $835.05 DCFWSD#1F $929.28 $796.96 DCFWSD#1G $929.83 $797.37 DCFWSD#1H $929.23 $796.92 DCFWSD#4 $1,074.76 $906.07 DCFWSD#4A $1,075.40 $906.55 DCFWSD#6 $1,856.52 $1,492.39 DCFWSD#7 $1,633.47 $1,325.10 DCFWSD#8A $1,331.51 $1,098.63 DCFWSD#8B $1,666.91 $1,350.18 TCMUD No. 1 62 of 160 16 Feb 2010 Page 11 of 11 DCFWSD#8C $1,694.73 $1,371.05 DCFWSD#9 $1,695.91 $1,371.93 Denton $9,313.22 $7,084.91 Denton ISD $12,319.76 $9,339.82 Dish $1,575.29 $1,281.47 Double Oak $1,783.55 $1,437.66 Flower Mound $4,585.10 $3,538.83 Hickory Creek $2,250.54 $1,787.91 Highland Village $3,355.55 $2,616.66 Justin $1,875.17 $1,506.38 Krugerville $1,565.48 $1,274.11 Krum $1,776.42 $1,432.32 Krum ISD $2,196.99 $1,747.75 Lake Dallas $2,368.54 $1,876.41 Lake Cities MUA $1,876.94 $1,507.70 Lake Dallas ISD $5,244.15 $4,033.11 Little Elm ISD $3,062.17 $2,396.63 Lewisville $2,895.28 $2,271.46 Lewisville ISD $29,841.73 $22,481.30 Mustang SUD $2,943.03 $2,307.27 Northwest ISD $6,134.12 $4,700.59 Oak Point $1,840.82 $1,480.62 OP WCID#1 $1,568.95 $1,276.72 OP WCID#2 $1,561.45 $1,271.09 Ponder $1,750.61 $1,412.96 Ponder ISD $2,718.59 $2,138.94 Pilot Point $2,124.48 $1,693.36 PPISD $2,507.10 $1,980.33 Sanger $2,512.43 $1,984.33 Sanger ISD $3,051.23 $2,388.42 SDWCID#1 $1,540.45 $1,255.34 Shady Shores $2,696.12 $2,122.09 Southlake $1,621.49 $1,316.12 TCMUD1 $1,840.42 $1,480.31 Trophy Club $1,845.92 $1,484.44 Valencia on the Lake WCID $1,068.86 $901.64 TCMUD No. 1 63 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-32-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:2/8/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:2/16/2010 Title:Discuss and take appropriate action regarding a Joint Election Agreement between Trophy Club Municipal Utility District No. 1 and Town of Trophy Club for the May 8, 2010 election. Attachments:Joint Election Agreement -Town-May 2010 Election.pdf Action ByDate Action ResultVer. TCMUD No. 1 64 of 160 16 Feb 2010 12010-32-M1 Version:File #: Title Discuss and take appropriate action regarding a Joint Election Agreement between Trophy Club Municipal Utility District No. 1 and Town of Trophy Club for the May 8, 2010 election. Body See attached Joint Election Agreement with Town. TCMUD No. 1 65 of 160 16 Feb 2010 JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, TO CONDUCT A JOINT ELECTION TO BE HELD ON MAY 8, 2010 This Joint Election Agreement (hereinafter “Agreement”) is entered into this ____ day of February, 2010, by and between the Town of Trophy Club, Texas, (“Town”) and Trophy Club Municipal Utility District No. 1, (“MUD1”) to conduct a Joint Election to be held on May 8, 2010, in Trophy Club, Texas. WITNESSETH: WHEREAS, the Town of Trophy Club, Texas and Trophy Club Municipal Utility District No. 1, desire to conduct an election on May 8, 2010; and WHEREAS, pursuant to Chapter 271, Texas Election Code, if an election ordered by the authorities of two or more political subdivisions is to be held on the same day in all or part of the same territory, the governing bodies of the political subdivisions may enter into an agreement to hold the election jointly in the election precincts that can be served by common polling places; and WHEREAS, in accordance with Chapter 271 of the Texas Election Code, the Town of Trophy Club, Texas and the Trophy Club Municipal Utility District No. 1, mutually desire to enter into a Joint Election Agreement for an election to be held on May 8, 2010; and WHEREAS, The Election shall be conducted in accordance with the Election Code under the jurisdiction of the Denton County Elections Department (the “Elections Administrator”) pursuant to the Joint Election Agreement and Contract for Election Services (the “Contract”) by and among Denton County Elections Department (“DCED”), and other participating entities, if any, described in the Contract. NOW, THEREFORE, for and in consideration of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas and Trophy Club Municipal Utility District No. 1, (hereinafter individually referred to as “Participant” and collectively referred to as “Participants”) do hereby agree as follows: TERMS: 1. Administration: Each Participant shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, ordinances, notices, and any other pertinent documents required by the Texas Election Code and /or Participant’s governing body, charter, ordinances or orders. TCMUD No. 1 66 of 160 16 Feb 2010 Each Participant shall be responsible for the preparation of the necessary materials for notices and the official ballot shall be the responsibility of each Participant, including translations to languages other than English. Each Participant shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. Each Participant shall be responsible for its submission required by the Federal Voting Rights Act of 1965, as amended, with regard to the administration of the Joint Election; any other changes or election items which require preclearance under the Federal Voting Rights Act of 1965, as amended. Each Participant agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). If the Elections Administrator is unable to recommend or recruit a bilingual worker, the Participants shall be responsible for recruiting a bilingual worker for translation services at that polling place. 2. Allocation of Election Expenses: The Participants agree to share all costs of the May 8, 2010 Joint Election, including but not limited to all costs incurred in preparing and administering such Joint Election, based upon the following: Town of Trophy Club 50% Trophy Club Municipal District No. 1 50% The cost of any special request(s) which is not agreed upon by all Participants shall be borne by the requesting Participant in its entirety. In the event of a runoff election, the Participant requiring the runoff shall be responsible for all costs associated with preparing and administering such election. 3. Election Officers: Denton County Elections will be responsible for the appointment of the presiding judge and alternate at polling location, and also for the appointment of the Early Voting Ballot Board. Participants agree to employ the number of election clerks as the need determines, and that all election workers shall be paid $8.00 per hour. The election judges will be paid $10.00 per hour. 4. Early Voting; Locations: Participants agree to conduct Joint Early Voting and to appoint the Elections Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Participants agree to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. Participants further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any Participants shall serve in that capacity without additional compensation. TCMUD No. 1 67 of 160 16 Feb 2010 As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapter 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the Participants shall be forwarded immediately by fax or courier to the Elections Administrator for processing. Early Voting by personal appearance will be held at the locations listed in Attachment “A” of this document and on the dates and times as provided below. Any qualified voter of the Joint Election may vote early by personal appearance at any of the Joint Early Voting locations. Voters residing in Tarrant County may only vote on Town and/or MUD-related items at the Town of Trophy Club early voting polling location. Monday, April 26th Tuesday, April 27th Wednesday, April 28th Thursday, April 29th Friday, April 30th Saturday, May 1st Monday, May 3rd Tuesday, May 4th 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 5 p.m. 8 a.m. – 12 p.m. 7 a.m. – 7 p.m. 7 a.m. – 7 p.m. Early Voting will not be conducted on any other Saturday, or on any Sunday or official State and/or national holiday during the period of early voting. Early Voting, both by personal appearance and by mail, shall be by use of electronic system ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voters to vote for three (3) Town of Trophy Club Council Members; Places 3 and 4 for two (2) year terms each and Place 5 for a three (3) year term and five (5) Directors for Trophy Club MUD 1, Places 1 through 5, all places are at large. 5. Ballots: Preparation of the official ballots for the Election shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for three (3) Town of Trophy Club Council Members; Places 3 and 4 for two (2) year terms each and Place 5 for a three (3) year term and five (5) Directors for Trophy Club MUD 1 for Places 1 through 5. 6. Canvassing: Participants shall convene separately at properly posted meetings in the time frame required by the Election Code and canvass the results of their respective elections. 7. Runoff Election: In the event a runoff is necessary, this Agreement will automatically be extended to cover the runoff, unless a Participant states in writing immediately upon notice that a runoff election will be necessary that it does not want to TCMUD No. 1 68 of 160 16 Feb 2010 participate in a joint runoff. Costs of a runoff election shall be allocated in accordance with Paragraph 2 above. 8. Term of Agreement: This Agreement shall be effective upon execution by all Participants and may be terminated in accordance with Paragraph 7 by written notice only pursuant to Paragraph 9 of this Agreement. 9. Notice: Whenever this Agreement requires any consent, approval, notice, request or demand, it must be in writing to be effective and shall be delivered to all Participants by certified mail, return receipt requested, and shall be properly addressed as follows: If to the Town of Trophy Club: If to Municipal Utility District No. 1: Town of Trophy Club Trophy Club Municipal Utility District No. 1 Mayor District Manager 100 Municipal Drive 100 Municipal Drive Trophy Club, Texas 76262 Trophy Club, Texas 76262 10. Authority to Execute Agreement: The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. 11. Counterparts: This Agreement may be executed in any number of counterparts and each shall be considered an original and collectively shall constitute one agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 12. Entire Agreement: This Agreement represents the entire and integrated agreement between the Participants and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by all Participants. 13. Hold Harmless: To the extent allowed by law, each Participant does hereby agree to waive all claims against, release, and hold harmless each other Participant and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by, result from, or relate to the performance of this Agreement, including but not limited to injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this Agreement. 14. Severability: If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement TCMUD No. 1 69 of 160 16 Feb 2010 2010 JOINT ELECTION AGREEMENT Page 5 of 5 are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated. IN WITNESS WHEREOF, the Town of Trophy Club and Trophy Club Municipal District No. 1 have executed this Agreement on the day and year first hereinabove set forth. TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 By: By: Connie White Dean Henry Mayor Joint President TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 By: Jim Budarf Joint President Effective: ______________________ Effective: ______________________ ATTEST: ATTEST: By: _________ By: Lisa Hennek Mary Moore Town Secretary MUD Secretary TCMUD No. 1 70 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-33-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:2/9/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:2/16/2010 Title:Review, discuss and take appropriate action regarding restructuring the MUD 1 Rate Order. Attachments:TCMUD1-O-2009-0915-C-RateOrder-Excuted.pdf Action ByDate Action ResultVer. TCMUD No. 1 71 of 160 16 Feb 2010 12010-33-M1 Version:File #: Title Review, discuss and take appropriate action regarding restructuring the MUD 1 Rate Order. Body [Enter body here.] TCMUD No. 1 72 of 160 16 Feb 2010 TCMUD No. 1 73 of 160 16 Feb 2010 TCMUD No. 1 74 of 160 16 Feb 2010 TCMUD No. 1 75 of 160 16 Feb 2010 TCMUD No. 1 76 of 160 16 Feb 2010 TCMUD No. 1 77 of 160 16 Feb 2010 TCMUD No. 1 78 of 160 16 Feb 2010 TCMUD No. 1 79 of 160 16 Feb 2010 TCMUD No. 1 80 of 160 16 Feb 2010 TCMUD No. 1 81 of 160 16 Feb 2010 TCMUD No. 1 82 of 160 16 Feb 2010 TCMUD No. 1 83 of 160 16 Feb 2010 TCMUD No. 1 84 of 160 16 Feb 2010 TCMUD No. 1 85 of 160 16 Feb 2010 TCMUD No. 1 86 of 160 16 Feb 2010 TCMUD No. 1 87 of 160 16 Feb 2010 TCMUD No. 1 88 of 160 16 Feb 2010 TCMUD No. 1 89 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-29-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:2/8/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:2/16/2010 Title:Discuss and take appropriate action regarding an update to the Amendment to the Information Form. Attachments: Action ByDate Action ResultVer. TCMUD No. 1 90 of 160 16 Feb 2010 12010-29-M1 Version:File #: Title Discuss and take appropriate action regarding an update to the Amendment to the Information Form. Body Due to the change/decrease in the tax rate at the September 2009 meeting, the Board should approve the Amendment to the Information Form, which reflects the updated tax information. TCMUD No. 1 91 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-01-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:1/4/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:2/6/2010 Title:Discuss and take appropriate action regarding SEMO Committee meetings and findings. Attachments: Action ByDate Action ResultVer. TCMUD No. 1 92 of 160 16 Feb 2010 12010-01-M1 Version:File #: Title Discuss and take appropriate action regarding SEMO Committee meetings and findings. TCMUD No. 1 93 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-34-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:2/9/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:2/16/2010 Title:Discuss and take appropriate action regarding the New Intergovernmental Contract for Employee Services and the Amendment to New Intergovernmental Contract for Employee Services. Attachments:ILA-EmployeeSvcs and Amendment.pdf Action ByDate Action ResultVer. TCMUD No. 1 94 of 160 16 Feb 2010 12010-34-M1 Version:File #: Title Discuss and take appropriate action regarding the New Intergovernmental Contract for Employee Services and the Amendment to New Intergovernmental Contract for Employee Services. Body [Enter body here.] TCMUD No. 1 95 of 160 16 Feb 2010 NEW INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES This New Intergovernmental Contract for Employee Services (the "Contract") is between the following parties: Trophy Club Master District (the "Master District") 100 Municipal Drive Trophy Club, Texas 76262 and The Town of Trophy Club, Texas (the "Town") 100 Municipal Drive Trophy Club, Texas 76262 WHEREAS, the Master District is an administrative agency and joint operating Board established by Trophy Club Municipal Utility District No. 1 ("MUD1") and Trophy Club Municipal Utility District No. 2 ("MUD 2") under a written agreement entitled NEW MASTER DISTRICT CONTRACT dated and effective as of October 4, 2000, as amended. Each of MUD l and MUD 2 is a Municipal Utility District created and operating under the provisions of Article XVI, Section 59, of the Texas Constitution, and the general laws of the State of Texas including, particularly, Chapter 54 and 49 of the Texas Water Code, as amended. The Master District is structured and operates as a separate entity joint venture, with MUD l and MUD 2 being the equal controlling owners of the joint venture. This Contract is signed by the Master District in its capacity as the operator of common water and wastewater facilities in the Trophy Club and Solana-Westlake projects. WHEREAS, the Town is a home-rule municipal corporation duly organized and operating pursuant to the Constitution and laws of the State of Texas and its home rule charter. WHEREAS, the Master District and the Town each perform certain governmental services or functions within their respective jurisdiction. Prior to October 1, 1998, the MUD 1 (in its capacity as the "Master District" at that time for itself and MUD 2) and the Town each had their own employees to perform various services and functions. By a written agreement dated and effective as of October 1, 1998, entitled INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES (the "1998 CONTRACT FOR EMPLOYEE SERVICES"), MUD l (in its capacity as the "Master District" at that time for itself and MUD 2) and the Town agreed that all employees of MUD l became employees of the Town subject to the personnel policies of the Town and included on the payroll of the Town so that employment salaries, benefits, and personnel policies of both MUD l and the Town could be administered more efficiently, effectively, and TCMUD No. 1 96 of 160 16 Feb 2010 economically. With the execution of the 1998 CONTRACT FOR EMPLOYEE SERVICES, the Town (through its employees including those personnel who formerly were employees of MUD 1) began performing services that previously had been part of MUD l's operations for the benefit of itself and MUD 2. This Contract is to update, modify, and supersedes the 1998 CONTRACT FOR EMPLOYEE SERVICES. WHEREAS, this Contract is executed by the Master District and the Town as an Intergovernmental or Interlocal contract under Chapter 791 (the Interlocal Cooperation Act) of the Texas Government Code and is an amendment and renewal of the 1998 CONTRACT FOR EMPLOYEE SERVICES. WHEREAS, this Contract has been authorized by the governing body of each party to this Contract. The governing body of each party to this Contract has determined that the terms and provisions of this Contract are desirable, fair, and advantageous for that party and therefore the Contract serves a valid public purpose. WHEREAS, the parties to this Contract believe that their longstanding contractual and cooperative relationship has benefited both the Town and the Master District, and their respective taxpayers and customers, because the administration of employment issues is handled in a more efficient, effective and economical manner, and governmental services which are the responsibility of each of the respective entities are performed by a single workforce consisting of Town employees. Moreover, while the Master District and the Town each performs distinct governmental services or functions within their respective jurisdictions, they also have a community of interest in performing these services and functions. The Master District and the Town have determined that this community of interest is best served by continuing their cooperative and intergovernmental contractual relationship with respect to employment services. WHEREAS, the parties hereby confirm their understanding and intent that all persons who were employed by MUD 1 (in its capacity as the "Master District" at that time for itself and MUD 2) performing work in the operations of the Master District immediately prior to October 1, 1998, became employees of the Town as of October 1, 1998, for all purposes, with the Town responsible on and after October 1, 1998, for all salary, benefits, and other compensation of such employees and with such employees subject to the personnel policies of the Town. NOW, THEREFORE, for and in consideration of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas and the Trophy Club Master District do hereby contract and agree as follows: TCMUD No. 1 97 of 160 16 Feb 2010 I. Term This Contract shall become effective upon approval by both of the respective governing bodies of Town and Master District and upon execution by their respective authorized representatives. The Contract shall continue in effect until terminated by either party as provided herein. II. Scope of Employment Services Town shall provide employees to perform services for Master District in accordance with the terms of this Agreement. The parties understand and agree that on and after the effective date of this Agreement, all such employees are employees of the Town subject to the personnel policies of the Town in accordance with the terms of this Agreement. The parties hereto agree that the attached organizational chart identifies the structure of the respective operations of the parties and their relationship under this Contract. The Organizational Chart is attached hereto and incorporated herein as Exhibit A. III. Master District Management Master District retains a Master District Manager to oversee the operations of the Master District (hereinafter "District Manager"). The District Manager may be an independent contractor or an employee of the Master District but in neither case is the District Manager an employee of the Town. This Contract is not intended to make any change in any separate contract between the Master District and the District Manager ("District Manager Contract"). Whether the District Manager is an independent contractor or an employee of the Master District, the District Manager shall he compensated by the Master District and report directly to the Board of Directors of the Master District. The person designated as the District Manager for the Master District shall be supervised and directed by the Board of Directors of the Master District. TCMUD No. 1 98 of 160 16 Feb 2010 IV. Compliance with Town Personnel Policies Under the terms of the District Manager Contract, where applicable, or under the terms of the employment of the District Manager, where applicable, the District Manager shall be either contractually or as a term of employment, whichever applies, required to comply with the personnel policies and procedures of the Town in fulfilling his obligations for the management and oversight of Master District operations. The parties hereto understand and agree that the Town employees shall be subject to the personnel policies and procedures adopted by the Town. V. Master District Standard Operating Procedures The Master District retains the authority to adopt standard operating procedures ("SOPs") regulating and governing the operational control of Master District assets and facilities; however, the scope of such standard operating procedures shall relate only to technical matters governing Master District operations and shall not conflict with the Town personnel policies and procedures. Prior to the issuance of any standard operating procedures, such SOPs shall be submitted to the Human Resources Manager or equivalent position for review and to allow such person to identify any inconsistencies or conflict between the proposed SOPs and the Town personnel policies. The Town shall provide written notice to the District Manager of any such conflict between the SOPs and the Town policies and of any matters that the Town determines to regulate matters other than those operational matters for which SOPs are allowed under this Contract. In the event of a conflict, the parties agree to meet and discuss the identified conflict and to use reasonable efforts to resolve the conflict in order to meet the needs of both the Master District and the Town. As used in this Contract the terms "operation(s)," "operational," "operational functions," or "operational standards" shall mean those technical functions performed by Town employees for the Master District which are governed or regulated by a state or federal regulatory agency, regulatory standards or permit standards, or other applicable local, state, or federal law or which are regulated by an SOP of the Master District pursuant to this Contract. TCMUD No. 1 99 of 160 16 Feb 2010 VI. Compliance with Standard Operating Procedures of the Master District Subject to the requirements set forth in Paragraph V above, while this Contract is in effect, the Town agrees that all employees providing services to the Master District shall follow the Master District's SOPs governing the operational aspects of Master District assets and facilities. VII. Approved Positions and Funding Each year, as part of the approval of the respective budgets of tile parties, the governing body for each of the parties approves a listing of funded positions or an organizational chart showing all funded employee positions. The approved budgets contain detailed information regarding the amount of money that each of the parties hereto contributes toward the expenses of funding employee positions. The Town and the Master District agree hereunder that the positions and payment approved in their respective budgetary processes shall comply with the terms of this Contract and shall serve as partial consideration for the services provided under this Contract. VIII. Compensation As compensation for the services provided or to be provided to the Master District by the Town under this Contract, upon the Town presenting a detailed listing of all incurred expenses the Master District agrees to pay to the Town at least monthly an amount equal to the actual costs incurred by the Town for salary, benefits, and other compensation of the Town employees providing services to the Master District, subject to Paragraph VII of this Contract. The term "actual costs" as used in this Contract means those costs that the Town incurs over and above the cost that the Town would incur if it were not providing personnel to perform services for the Master District operations. Whenever practical to do so, the Town shall have costs (other than employee costs) associated with Master District functions charged directly to the Master District, including but not limited to training expenses, travel, supplies, administrative and other miscellaneous costs not directly attributable to salary benefits and other compensation. As further consideration for the services of Town employees, Master District agrees that the use of all equipment owned by or leased to Master District may be used by licensed and/or qualified Town employees in the performance of services for Master District pursuant to this Agreement. TCMUD No. 1 100 of 160 16 Feb 2010 IX. Policies and Decisions This Contract is intended to provide for the furnishing of employment services by the Town to the Master District in the Town's capacity as an independent contractor. The Master District retains all right, power, and control that it has by law and by the New Master District Contract to set policies and to make decisions regarding the services provided by Town employees in the performance of operational functions for the Master District and the operation of Master District assets and facilities. Master District shall have the right, for good cause upon the violation of operational standards, or for violations of SOPS, as allowed by the Town's personnel policies, to require that a particular Town employee be removed from performing services in the operations of the Master District, provided however, that the removal of an employee shall not be required until such employee has been disciplined in accordance with Town policies and had an opportunity to avail himself of any and all appeals allowed under the Town's personnel policies and procedures. As new or additional employees are needed to perform services for the Master District, the Town shall follow Town personnel policies and procedures in the selection of those employees. Prior to the hiring of any employee to perform services for the Master District, the Town shall request from the Master District, or its designee, the approval of the selection, compensation, benefits, and job description of each such employee. The Town agrees to follow the Master District's recommendations for selection, compensation, benefits, and job description of each employee performing services for the Master District. In the event of a conflict under this paragraph, the parties agree to meet and discuss the identified conflict and to use reasonable efforts to resolve the conflict in order to meet the needs of both the Master District and the Town. The Master District shall not be required to fund any decision that it has not approved regarding an employee performing services for the Master District. Decisions by the Master District under this Contract shall be made by the Board of Directors of the Master District or by its designated officer(s) or agents. All Town employees performing services in the operations of the Master District shall be supervised and directed by persons approved by the District Manager. Nothing in this Contract shall be interpreted as an abdication by the Master District or MUD1 and MUD2 as the joint venture partners in the Master District of their governmental rights, powers, and duties with regard to services provided by the Master District. TCMUD No. 1 101 of 160 16 Feb 2010 X. Discipline The parties agree that the Town's standard personnel policies and disciplinary procedures shall apply to all Town employees performing services in the operations of the Master District. Employees are divided by reason of their duties into two groups. The first group consists of those employees whose services are shared by the Town and the Master District (hereinafter “Shared Service Providers”), and the second group consists of those whose services are provided exclusively to the Master District (hereinafter “Master District Service Providers”). The following provision(s) shall apply to Master District Service Providers: 1. In all cases in which the established facts show a clear violation of the Personnel Manual, its provisions shall apply and shall be administered by the Town Manager alone in accordance with the Personnel Manual. In addition to the Town’s Personnel Manual, the Master District has established certain Standard Operating Procedures (SOPs) to be followed by Master District Service Providers. 2. In cases where an alleged violation of the Personnel Manual is not clearly defined by the facts but where an alleged violation of one or more of the SOPs of the Master District exists, the input of the District Manager shall be a prerequisite to any disciplinary measure taken for such violation. Should the input of the District Manager result in a conflict with the disciplinary measure proposed by the Town Manager, then the conflict shall be resolved by referral of the matter to the Master District Chairman for final disposition. XI. Liability; Insurance: Indemnification The Town shall be responsible for the acts, negligence, and omissions of its employees performing services in the operations of the Master District, unless the acts or omissions were pursuant to operational standards or SOPs of the Master District or District Manager or actions or omissions performed pursuant to or under the direction, supervision, or instruction of the Master District or the District Manager. If the acts or omissions were pursuant to operational standards or SOPs of the Master District or District Manager, or the acts or omissions were performed pursuant to or under the direction, supervision, or instruction of the Master District or the District Manager, the Master District shall assume liability for the acts, negligence or omissions of Town employees. TCMUD No. 1 102 of 160 16 Feb 2010 The parties to this Contract shall each individually obtain insurance, with coverages as mutually agreed upon, that the parties determine will insure themselves individually and collectively from liabilities related to and arising out or this Contract and fulfill the indemnity obligations of each party, to the extent allowed by law, under this Contract. Such insurance shall insure against liability arising out of or related to the work performed by Town employees under this Contract, with both parties named as additional insured under such insurance policies. To the extent allowed by law, both Town and Master District agree to defend, indemnify and hold each other harmless from their respective negligence or intentional conduct arising out of or related to this Contract and resulting in harm to them individually or to a third party, including without limitation property damage to the parties hereto or to a third party. The indemnity extends to all costs and expenses incurred, including reasonable attorney's fees, to defend against, settle or pay the claim asserted by another. In the event a claim is made by another against either the Town or the Master District, written notice of the claim shall immediately be given to the other party, in order that the other party may determine whether its indemnity duty must be performed and in order to allow the indemnitor to perform indemnity. If any part of the foregoing indemnity shall be deemed or determined unenforceable or contrary to public policy by a court of competent jurisdiction, then each party shall contribute to any judgment according to its percentage of fault. Neither Town nor Master District waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions and nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to either Town or Master District. XII. Further Cooperation The parties to this Contract agree to cooperate to sign and deliver any other documents that may be necessary or appropriate to implement the provisions of this Contract. In the event of a conflict under this Contract, the parties agree to meet and discuss the identified conflict and to use reasonable efforts to resolve the conflict in order to meet the needs of both the Master District and the Town. XIII. Termination This Contract may be terminated by either party at any time upon thirty (30) days written notice to the other party. TCMUD No. 1 103 of 160 16 Feb 2010 2008 New Intergovernmental Contract for Employee Services 9 XIV. Execution and Date This Contract is signed by the parties in multiple counterparts. This Contract is dated and shall be effective for all purposes as of February 13, 2008. TROPHY CLUB MASTER DISTRICT TOWN OF TROPHY CLUB, TEXAS By: ___________________ By: __________________________ Carol Borges, Chair C. Nick Sanders, Mayor Attest: Attest: By: _______________________ By: ___________________________ Secretary, Board of Directors Town Secretary Approved as to form: Approved as to form: ______________________________ _______________________________ Robert G. West, Attorney Patricia A. Adams, Town Attorney Trophy Club Master District Town of Trophy Club, Texas ______________________________ Pamela Liston, Attorney Trophy Club Master District TCMUD No. 1 104 of 160 16 Feb 2010 AMENDMENT TO NEW INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES This is an amendment to the New Intergovernmental Contract for Employee Services (the “Contract”), with an effective date of February 13, 2008, between Trophy Club Master District (the “Master District”) and the Town of Trophy Club, Texas (the “Town”) WHEREAS, the Master District and the Town desire to amend the Contract to allow the option of having the District Manager become a Town employee for all purposes, with the Town responsible for all salary, benefits, and other compensation of the District Manager and with the District Manager subject to the personnel policies of the Town. WHEREAS, this amendment shall be considered effective as of December 11, 2008. WHEREAS, the parties to the Contract desire that the terms of the Contract not expressly addressed in this Amendment shall continue in full force and effect. NOW, THEREFORE, the parties agree as follows: 1. Section III (Master District Management), is amended in its entirety as follows: Master District designates a Master District Manager to oversee the operations of the Master District (hereinafter “District Manager”). The District Manager may be an independent contractor, an employee of the Master District or an employee of the Town. This Contract is not intended to make any change in any separate contract that may exists now or in the future between the Master District and the District Manager (“District Manager Contract”). Whether the District Manager is an independent contractor, employee of the Master District, or employee of the Town, the District Manager shall report directly to the Board of Directors of the Master District except where otherwise provided in this Agreement. The person designated as the District Manager for the Master District shall be supervised and directed by the Board of Directors of the Master District. This Amendment is signed by the parties in multiple counterparts. This Amendment is dated and shall be effective for all purposes as of December 11, 2008. TCMUD No. 1 105 of 160 16 Feb 2010 TROPHY CLUB MASTER DISTRICT TOWN OF TROPHY CLUB, TEXAS By: _____________________________ By: _______________________ Constance White Nick Sanders Chairman, Board of Directors Mayor Attest: Attest: By: _____________________________ By:______________________ Mary Moore Lisa Hennek Secretary, Board of Directors Town Secretary Approved as to form: Approved as to form: ________________________________ __________________________ Robert G. West Patricia A. Adams, Town Attorney Attorney for Trophy Club Master District Town of Trophy Club, Texas __________________________________ Pamela Liston Attorney for Trophy Club Master District TCMUD No. 1 106 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-35-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:2/11/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:2/16/2010 Title:Review and Approve Minutes: a. January 19, 2009 - Regular Session b. January 25, 2009 - Special/Joint Session Attachments:M1 Minutes 011910.pdf M1 Minutes 012510-Special Joint.pdf Action ByDate Action ResultVer. TCMUD No. 1 107 of 160 16 Feb 2010 12010-35-M1 Version:File #: Title Review and Approve Minutes: a. January 19, 2009 - Regular Session b. January 25, 2009 - Special/Joint Session TCMUD No. 1 108 of 160 16 Feb 2010 MINUTES OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 January 19, 2010 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Regular Session on Tuesday, January 19, 2010, in the Boardroom of the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Dean Henry Joint President Jim Budarf Joint President Gary Cantrell Joint Vice President Kevin Carr Joint Vice President Jim Hase Joint Secretary/Treasurer Jim Thomas Joint Secretary/Treasurer Neil Twomey Director Steven Kohs Director Joseph Boclair Director DIRECTORS ABSENT: Bob Fair Director STAFF AND GUESTS PRESENT: Robert Scott District Manager Mary Moore MUD Secretary Pam Liston MUD Attorney Bob West MUD Attorney Kathy DuBose Finance Director Danny Thomas Fire Chief Connie White Town Mayor Kathleen Wilson Town Councilmember Bill Rose Town Councilmember Glenn Strother Town Councilmember Brandon Emmons Town Manager Carolyn Huggins Town - P & Z Coordinator David Crawford Tax Attorney John Zink TCEQ Certified Instructor Jyh-Wei (Al) Sun, P.E., BCEE Senior Vice Pres., CDM – Camp Dresser & McKee, Inc. Shirley Hase 209 Inverness Drive Betty Ann Henry 308 Oakmont Margi Cantrell 1105 Sunset Susan Edstrom 269 Oak Hill Drive Dave Edstrom 269 Oak Hill Drive Pauline Twomey 203 Oakmont Scott Smith 2 Salida Drive A. Lee Graham Reporter, Alliance News James Hicks 227 Phoenix Drive Bill Armstrong 18 Avenue Twenty Greg Lamont 15 Avalon Drive Karen Passiak 18 Overhill Drive TCMUD No. 1 109 of 160 16 Feb 2010 REGULAR SESSION Call to Order and Announce a Quorum. President Henry announced a quorum and called the meeting to order at 6:00 p.m. 1. Discuss and take appropriate action concerning a Joint Agreement Delinquent Tax Collection Services between Bob West, Attorney for MUD 1 and Perdue Brandon Fielder Collins & Mott, LLP. 2010-22-M1 Attorney West advised that due to the consolidation agreement, the Board now has two tax attorneys, himself and David Crawford, of Perdue Brandon Fielder Collins & Mott, LLP. West stated that in the Tax Collection Agreement with Denton County, it states that they need to be notified of the Tax Collection Attorney. West advised that he and Mr. Crawford have agreed to have Mr. Crawford take the lead on Delinquent Tax Collection Services with Attorney West still attending the bi-monthly meetings and updating the Board regarding the status of tax collections. Attorney Crawford stated he has represented MUD 2 for the past 15 years. Crawford stated that they work hard, and ethically, and while still trying to bring in as much revenue as possible for the MUD District. Director Henry moved to approve the Joint Agreement for Delinquent Tax Collection presented. Director Thomas seconded the motion. Floor opened for discussion. Director Budarf advised that MUD 2 has never received any complaints concerning Perdue. Director Thomas stated that MUD 2 had always taken pride in their excellent tax collection record. Motion carried unanimously (10-0). 2. Discuss and take appropriate action concerning Ethics Complaint 2009-1210, filed by Steven Kohs, Karen Passiak, Ryan Chitwood, Barbara Glaser, and Rhonda Chitwood. 09-153-M1 a. Gary Cantrell b. Jim Budarf c. Jim Thomas d. Kevin Carr Mayor White advised that there was a quorum of Town Council Attorney West stated that at our last meeting, the Board voted, as appropriate under the policy adopted September 2009, to put this ethics complaint on the agenda for tonight, with the Board finding it a public interest and that the questions being raised were serious enough that they needed to be answered. West stated that pursuant to the request, he came up with a procedure for tonight’s meeting. West advised the board to follow his procedure. Upon West’s review and interpretation of the Ethics Policy adopted in September 2009, the hearing would follow Roberts’ Rules of Order and be conducted similar to a Zoning Board of Adjustment meeting and/or Council meetings, with the Complainants going first and then the Respondents would present their testimony, witnesses and evidence. At the end of that, the Complainants would then have an opportunity to respond and ask further questions. Since there are four Directors, Mr. West advised to take each Respondent separately, with a motion made on each individual director. This is important to maintain a quorum. Overall the policy will be Roberts’ Rules of Order, and to have a fair hearing conducted in an orderly fashion. President Henry stated that he is not a judge; however, he will maintain order throughout the meeting. Attorney West advised that all speakers would need to be sworn in. TCMUD No. 1 110 of 160 16 Feb 2010 Complainant-Director Steven Kohs advised that the author of the Ethics Complaint, Mr. Ryan Chitwood, was going to assume the lead role and start this conversation or hearing, and needless to say he is not here. Director Kohs stated that Mr. Chitwood was the author of this Ethics Compliant, and that Kohs was a supporter of his efforts to compile the information and do the research that he has put together. Director Kohs stated that he supported Mr. Chitwood in his role in putting this together, and coming forward with it. In the Ethics Complaint that Mr. Chitwood put together, there were complaints that Mr. Chitwood felt the MUDs were not being honest with the citizens. One concern dealt with EPA violations on government websites, as they were legitimate, documented EPA violations. His (Kohs) understanding is that the MUD had denied having those occurrences, and that was one of the things that were compelling for Mr. Chitwood to come forward. Some of the other complaints that Mr. Chitwood had in his Ethics Information was that the MUDs not being honest with the citizens in reference to how much legal fees were being spent in the lawsuit against the Town. Director Kohs stated that he could go page by page in the Ethics violation that Mr. Chitwood had written but the documentation has already been submitted to the Board. Director Kohs further stated that the evidence is self-explanatory, and he thinks the citizens are due an answer. He finished by stating he thought the citizens are looking to you (MUD Board Directors) to respond to the Ethics Complaint line by line. Joint President Henry asked Kohs if he was done, to which he replied, yes. Joint President-Respondent Budarf asked Kohs about the legal fees being spent in the lawsuit against the Town. Complainant-Director Kohs advised that it was discussed, and if it was not in the ethics complaint, it should have been. Vice President–Respondent Carr asked Kohs, being a director himself on the MUDs, why only four directors were accused rather than the whole Board. He stated that Director Kohs was well aware that we act as one MUD, and vote as one MUD. Complainant-Director Kohs stated that there were very specific items listed in the packet that Mr. Chitwood had given to the MUDs that listed particular instances where Mr. Chitwood felt false information was being given to the citizens from the listed MUD directors. Vice President–Respondent Carr stated that’s not in the packet either. He asked if that was missing or is there additional information? Complainant-Director Kohs stated that Mr. Chitwood would have that information. Joint Vice President-Respondent Cantrell asked Kohs if he was not familiar with the Ultraviolet system that was installed in 2005? And did we not tour the Plant together? We invited Mr. Chitwood to come and see the facility. And do you understand that replaced the chlorine residual portion that we used to put in? Complainant-Director Kohs stated these were questions that you would have to ask Mr. Chitwood and I’m sorry he is not here. Joint Vice President-Respondent Cantrell asked Kohs what is your opinion as a MUD Director? Complainant-Director Kohs stated that he thought that effort was made for the ultraviolet system, and he understands why it was put in there and he takes no issue at this point. TCMUD No. 1 111 of 160 16 Feb 2010 Joint Vice President–Respondent Carr asked Kohs that you mentioned the MUDs, two of the issues in this complaint, you voted for, you were a party of. He asked Kohs if we was aware of that? He further stated to Kohs that when Mr. Scott got advanced to District Manager, you approved his raise. Complainant-Director Kohs stated, “I understand that.” Joint Vice President–Respondent Carr then stated okay, so you understand that potentially, two of these complaints could be against you. Complainant-Director Kohs stated, “I understand that.” Joint Secretary-Respondent Thomas stated that Kohs was careful to say how Mr. Chitwood felt, but as a co-signer of this complaint, are you also stating that you feel the MUDs are in violation. Complainant-Director Kohs stated it seemed to him that Mr. Chitwood had the evidence to confirm that there was a problem there. Joint Secretary-Respondent Thomas asked if he could ask the question again because Kohs didn’t answer it. As a co-signer of this complaint, are you also stating that the MUDs were in violation? Complainant-Director Kohs stated yes he supported the ethics complaint that Mr. Chitwood put together. Joint Vice President-Respondent Cantrell stated that it was his understanding of the complaint that was filed personally against him, that the only issue was an email that had to do with chlorine residual and your understanding of Mr. Chitwood’s complaint and your being a co- signor of the Complaint, is that your understanding, too? Complainant-Director Kohs stated, “That’s my understanding too.” Joint President Henry swore in Karen Passiak. Complainant Karen Passiak thanked the Board for allowing her the opportunity to speak on behalf of the residents of Trophy Club. She stated, I understand that you as a governing body of this community have a responsibility to the people to be honest, forthright and comply with whatever your constituents request. I am a citizen of Trophy Club. I love this Town. And I look for the health and wealth of this Town by making sure that anything that is questioned with regards to what MUD directors are saying in their meetings and in affidavits and things like that are appropriate and honest. I am a citizen not a Director. I listened to how you questioned Mr. Kohs, and I think it is appalling. I took that information that Mr. Chitwood gave me, based on his credentials and his ability to look into the materials that he was given and investigated, and I felt that I should sign the petition because in my opinion a citizen in the Town has the right to question the people who are governing the Town. I don’t know what is going on with the MUDs, but I think it is your responsibility to listen to your constituents, to be present and give honest feedback. All we’re asking for in this complaint that we signed with Mr. Chitwood is for honesty, and for you to give us the courtesy of a response that answered the points that he presented in this document. That’s all we are asking for. We want honesty. We want sincerity. Up until the last meeting, very few of you have I even seen at any of at any Town functions. Attorney Liston asked President Henry to ask Passiak to come back to the complaint that was filed and that she be directed back toward the complaint. TCMUD No. 1 112 of 160 16 Feb 2010 Complainant Karen Passiak apologized, stating she was overwhelmed with the fact that citizens who signed this affidavit or petition; really, really, sincerely want answers, and I think that is what you owe to us as the people that live in this Town. Joint President Henry asked Complainant Karen Passiak one question; when, if ever, did you or any of the signees, including Mr. Chitwood, try to come talk to us rather than file complaints? We’re here all the time, ready to talk to any citizen that wants to talk to us. We tried and did invite any of you to come here. Can you answer why you did not do that? Complainant Karen Passiak stated that she did not because Ryan Chitwood had done that previously. It was her understanding that he had filed other information regarding these points in the affidavit. Director Twomey advised Complainant Karen Passiak that we have tried to engage Ryan Chitwood many times to come talk to us, and he has not done that. We have offered to go through all the information with him by the MUD Manager. The MUD Manager is our key operating person, goes over the rules with TCEQ, the regulatory authority over us, and Mr. Chitwood he has not met with him. You’re assuming that he has, through some Open Records Requests; but he hasn’t. We asked him to meet with us multiple times and he has not done that. So, when someone is making statements that we’re violating the EPA regulations that are the one agency I fear the most. Not only do they come after you civilly but also criminally. I would not mess around with them if you are operating under the assumption that Ryan Chitwood had come up here and had sat down and had long discussions that has never happened to my knowledge. Our MUD Manager has invited him and he’s not responded. Complainant Karen Passiak stated that unfortunately Ryan Chitwood is not here to respond to that. Director Twomey stated that he would say the same thing to him right now if he were standing here. Complainant-Director Kohs stated with all due respect, he doesn’t mean to talk for Ryan Chitwood. He knows that there was an offer from the MUD and it was a professional offer, to sit down. I know when we took the tour of the Wastewater Treatment Plant, and Mr. Chitwood was invited, and I believe that I can quote Mr. Chitwood in saying that he didn’t want to have a private meeting, or maybe he has had a private meeting before, and he wanted a public meeting to get this information public so that was the reason why this information has been presented the way it has, to make it public. Director Boclair stated just to clarify a point on that, at least the offer I was involved with to Mr. Chitwood to tour the plant, he did not decline the offer because of a public meeting, he declined the meeting because he did not want to associate with criminals, as I recall. And I do have a question for Karen, when you signed the complaint, did Mr. Chitwood explain to you any of the attachments or did you understand the documentation that was provided? Complainant Karen Passiak stated yes, she did. Director Boclair stated that it makes no sense to me. In at least in one sense, Attachment 7 is supposedly documenting the wastewater treatment plant while it is actually for the pumping station for the Water Plant. So it is a completely inappropriate piece of evidence. I was just curious. TCMUD No. 1 113 of 160 16 Feb 2010 Complainant Karen Passiak stated she supports what was in the documentation and as a citizen, I felt that you need to just answer the questions, and provide me your side of the story. I’m a decent human being. I am willing to listen to both sides of the story, but I want to hear both sides of the story. Joint President-Respondent Budarf stated to Ms. Passiak that Steven (Kohs) came to us with a list of items to put on the agenda. We emailed Steven (Kohs) back that the policy states that we need to have supporting documentation for agenda items so we can be prepared to talk about them. We never received that documentation to speak about in open session. All that hit the airwaves was an email from Mr. Chitwood that we’re refusing to put it on the agenda. So, we’ve tried. And all we asked was for them to give us the supporting documents like our policy states. Steven (Kohs) got that email, he forwarded to Mr. Chitwood, and suddenly we get a flurry of emails saying that we’re refusing to do this. There are certain procedures that have to be followed. Joint Vice President-Respondent Cantrell stated he agreed that the public forum is a good place to get the fact out, and there are enough citizens here to hear the facts. Are you aware or did you happen to see the article in the local newspaper entitled, “Water Woes Wrapped Up.” They have done an independent research. They’ve called EPA, they’ve called TCEQ, and that appeared on November 18, 2009, did you see that? Complainant Karen Passiak responded that she had not. Joint Vice President-Respondent Cantrell advised that it is online, Water Woes Wrapped Up. Vice President–Respondent Carr stated that we do record our meetings, and this is the most people we have seen at most of our meetings. It’s good to see you. As was already said, we have to go through certain procedures to get things on the agenda, every director has to follow, not just Steven (Kohs). We voted on the procedure, to create that procedure. And I’ve see numerous email trails where it’s been offered for Mr. Chitwood to sit down with Connie (White) when she was Master District Chair, with Mr. Scott, or with MUD representatives. Mr. Chitwood has been told by representatives from EPA and TCEQ of the situations, that a lot of these documents are in error, but he continues to go forward. Some of these things you said Mr. Chitwood explained to you that were in this complaint. One of those was that Mr. Cantrell was involved in censuring Director Steven Kohs. Director Cantrell was part of MUD 1. MUD 2 was the MUD who actually censured Steven Kohs. Complainant-Director Kohs stated he would like to rebut that. MUD 2 asked MUD 1 if they wanted to join in, and MUD 1 agreed, so your statement was incorrect. Joint President-Respondent Budarf stated that as the president of the MUD 2 Board at that time, MUD 1 was invited to sit in on the Executive Session. They were not asked to vote. Complainant-Director Kohs stated, that’s right, they joined in. Joint President-Respondent Budarf stated that MUD 1 was in the executive session called by MUD 2; however, MUD1 directors didn’t vote on the issue and they didn’t sign the censure. Complainant Karen Passiak stated she just wanted to know the facts, or if you have different facts, or you want to present something contrary to Mr. Chitwood. She is welcome to hear them, as a private citizen. TCMUD No. 1 114 of 160 16 Feb 2010 Joint President Henry asked if the remaining complainants; Rhonda Chitwood or Barbara Glaser were present. No one came forward. Director Henry asked if the Complainants present had any further questions of the respondents. Complainant Karen Passiak asked if we were going to go through each line item. Attorney Liston explained that the Complainants are the ones that bring forth the allegations or charges, and if you would like to rely on the document that you have already filed, that is your choice to do that. It is your privilege to do that. It is not required for this body go line-by-line. But you have the opportunity and it is the burden of the complaining party to bring forth the evidence that it wants before the Board. Complainant Karen Passiak stated that the document speaks for itself. Attorney West asked if there were any other witnesses or documents on behalf of the Complainants. Complainant-Director Kohs responded that they did not have anything further to offer. Attorney West took the oath, and provided a history of the MUDs. The original WWTP plant was developed by Freese & Nichols, a very reputable firm, and a package plant was installed at the time. By 1980, Trophy Club had started to grow, and a new, permanent plant, designed by Carter and Burgess, was constructed in the same site and took capacity to .425 mgd. This plant was paid for by Gibraltar Savings. By 1983, there was further growth, and another study was done. By 86-87, construction was underway, paid for Independent American Development Company. This increased plant capacity further. By 2002 - 2003, another expansion occurred. However, the planning for that expansion began in late 90’s, as a result of two things; growth in Trophy Club and about in late 90’s, the federal standards changed for treatment plants, and became stricter, requiring more compliance. Our engineering firm at the time, Carter & Burgess, were asked to perform a study to comply with the new federal standards in the late 1990s. They said we can meet those standards and even provide for some growth, and they could provide for growth at build out. The MUDs were tasked with paying with that upgrade as there were no developers around. EPA became involved in looking at TC WWTP in May 2001, which was after the MUDs had initiated a study by Carter and Burgess and then Camp Dresser McKee. The Administrative Order was issued due to being out of parameters on certain things, due to new stricter standards, and we were going to run out of capacity. The Administrative Order was not a criminal proceeding, nor a civil proceeding. As a result of the Administrative Order, we were given 30 days to respond and explain how we were going to address the problem. West promptly told the EPA that the MUDs had been planning the expansion for two years with the new standards in place. EPA’s response was that they were happy with West’s response and they were satisfied with our plan. There was no need to meet, just send EPA a time schedule, and supply EPA with quarterly reports. The engineering firm provided the quarterly reports until construction was complete, and that was the end of the EPA at that time. West’s experience since dealing with the MUDs since 1975, this Board has always been extremely good, in his opinion, about looking to the future, seeing what the needs are, seeing what the projected house count would be, and providing for that by planning, by constructing and putting in place the systems that are necessary. So I welcome the opportunity to remind this Board of that history and to answer any questions. Vice President–Respondent Carr asked West as the Attorney dealing with EPA back in 2001, did he have any recollection of any fines being assessed against MUD 1. TCMUD No. 1 115 of 160 16 Feb 2010 Attorney West advised there were no fines. West explained that in the letter from EPA at that time said that if you don’t respond to us within 30 days, if you don’t tell us what you’re going to do, if you don’t show us your plan, then we have the power to take the next steps, but those next steps were never needed. They were not taken. There were no any civil actions ever filed; there were no criminal actions filed, and there were no fines ever paid. It was an administrative matter to respond to them showing what were doing and when we were going to do it by. So, it never got beyond that initial stage. Director Thomas asked West, to your knowledge, did MUD 1 ever fail to respond to TNRCC, TCEQ or EPA that we were out of parameters. Did we ever fail to respond to anything in an inappropriate manner? Attorney West replied not to his knowledge. Mr. John Zink was sworn in. Mr. Zink, a certified trainer for TCEQ and a chemist, stated he has an “A” Wastewater Operators license, and a “B” Surface Water license. Zink is very familiar with our water and is not afraid to drink the water here in Trophy Club. Zink started as a chemist in ’62, retired from city of Dallas after 31 years, worked 5 years in California as construction manager, ended up working four or five years for Upper Trinity all doing water and wastewater training. As a certified trainer for TCEQ since 2005, he travels to small water systems, teaching sampling and process control, disinfection and bacteriological monitoring, train on how to do bac e sampling and how to interpret results and how to prepare for a TCEQ inspection. When you self-report, you’re not obligated to report violations, you report your effluent standards. And as such, if there is a problem with EPA or TCEQ, then you come back with an Administrative or Notice of Violation, only on a major infraction. Zink has toured the plant and is familiar with the distribution of the water, and basic compliance investigation and all the records keeping and reporting. Joint President-Respondent Budarf asked Zink if he could explain the difference between an alleged violation and a violation. Mr. Zink stated that an alleged violation is the guidelines for CBOD and TSS, and on the water side, you have fecal Coliform, residual chlorine. The alleged violation, if you don’t agree in certain cases, if you disagree the way compliance investigator has administered a test; it’s your obligation as a certified operator to bring that up. There are certain guidelines that you know whether you violated or not. On the self-reporting form, there’s a template that TCEQ has, you input your data and it automatically computes violations. And the reason to use that, they do the math, then you’re using their form. Those are the parameters we talk about water and wastewater. Director Cantrell asked for Zink’s comment regarding chlorine trace versus ultraviolet. What do the most modern plants use? Mr. Zink answered that the water industry uses UV disinfection for water. Basically, on water you want to use ozone as your best or primary disinfectant. On well water, you use free chlorine. On surface water you use chloramine, which is longer lasting. We had a 3 MG per day plant on Lake Dallas that we discharged activated, sludge treated filter UV radiated directly into Lake Lewisville 3 or 4 miles up from the intake of our water plant but the wastewater plant had ozone there. With UV irradiation there is no way to measure it. And the criteria, you have a banks of lamps, as the water, in this case, wastewater flows past those lamps, it gets irradiated, and you neuter or neutralize the dna of the chloroform. The problem with certain tolerance on those lamps, if two or three burn out, and they are adjacent, you have to replace those lamps. I TCMUD No. 1 116 of 160 16 Feb 2010 personally know that back two years ago, Berger Lake in Fort Worth had an outbreak in cryptosporidium, that’s a protozoa, that can’t be killed by normal chlorination, so they shut down Berger Lake. As a result of that, City of Lewisville, installed UV lamps on the return of the swimming pool, and I think you’re getting ready to do that here on swimming pools. If you are not processing a large amount of water, you basically just recycle to make up the water by evaporation. But you irradiate those organisms, you don’t have a trace, but as long as you maintain the quality of the UV apparatus, you’ll effectively eliminate sterilize those organisms. Vice President-Respondent Carr asked Zink about UV, and Zink confirmed that UV is a more efficient process. Complainant-Director Kohs asked Mr. Zink if he had reviewed the information Mr. Chitwood put in the Ethics Violation. Mr. Zink advised he had seen parts of it. He had not gone through the lengthy document. Complainant-Director Kohs asked Mr. Zink of his opinion of the ethics complaint. Mr. Zink advised there have been no significant violations for the City of Trophy Club. Complainant-Director Kohs asked if Mr. Zink could define significant. Mr. Zink advised there were no monetary fines. Most of what I saw went back ten years ago. And again, what Mr. West said, if you get an Administrative Order, that sets forth negotiation meetings, you have a timeline, they do not fine you unless you violate those milestones or you don’t build those improvements in time. Complainant-Director Kohs asked Mr. Zink if he was planning on reviewing the rest of the information. Mr. Zink advised that he was not, as he is not a board member. I’ve been asked to comment because of my background. I don’t think its appropriate for me to comment on ethics, but I’ve seen bits and pieces. Joint Secretary-Respondent Thomas asked Mr. Zink of his opinion of the Trophy Club Wastewater Treatment Plant. Mr. Zink replied that as long as you don’t have violations on your standards of BOD and Total Suspended. I have not personally had a chance to see your new cloth filters. I intend to do that. First, of all, I know the effluent goes out about four blocks from me in several ponds and is used for irrigation of the golf course. In answer to your question, it’s an activated sludge plant, it has full filtration capability and you meet the effluent standards. You either meet them or you don’t. As long as you meet the effluent standards on TSS and CBOD, you’re fine. District Manager Scott confirmed with Mr. Zink that he is aware of a 12-part composite. Mr. Zink replied yes. District Manager Scott confirmed that we pull samples twice a week, 24 hours, two samples every two hours, and we do that twice a week, every week. And over the last five years, I think we had 12 times where we busted permit. And that’s a lot of samples, and that’s less that 1%. Would you consider that within permit? TCMUD No. 1 117 of 160 16 Feb 2010 Mr. Zink replied that was certainly acceptable for him. District Manager Scott asked Mr. Zink, with regard to the complaint, which states in part the Clean Water Act and adversely affecting human health and environment, and most of our effluent, as you well know, goes to the golf course. Would you say that’s a significant amount, 12 excursions 5 years? Mr. Zink replied, no, absolutely not. Joint Secretary-Respondent Thomas stated that the majority of the effluent or the processed water that comes out of the WWTP is sold to the Country Club for the golf course. We have had numerous requests from the City to buy as much wastewater as they can to water the medians within the City. I don’t think the City would take that step if they thought they were risking the people that are walking around Trophy Club all the time. Thirdly, if any of it is not utilized by those two, it actually goes into Lake Grapevine and becomes the drinking water for Highland Park downstream. District Manager Scott clarified that the 12-part composite that we have to send in. We do them. Talem comes out and bottles them up and takes them in. They do all the tests and it takes 14- 18 days before we get the results back. Scott has been accused of signing documentation, busting parameters, and we don’t even know what the results are for 14-18 days after the samples. It’s all done automatically. All self-reporting, Talem Lab sends us the results. We have to self-report and send them to TCEQ. Mr. Zink advised that Talem is NLAC certified, meaning that they would not be in the business if they did not meet the quality standards. Mr. Sun, Senior Vice President with CDM – Camp, Dresser, & McKee, Inc., was sworn in by Joint President Henry. Mr. Sun has been with CDM for 31 years, and at this point, he is in charge of the company’s wastewater treatment process group. Mr. Sun was asked to come and give a brief description of CDM’s involvement in Trophy Club’s WWTP. As he recalls, CDM was selected in June of 2000 to perform a study of the city’s WWTP and contracted in September of 2000. So, the first task was to do a study of the plant, and the purpose, first was to make assessment of the capacity and condition of the existing plant. Secondly, to project the City’s future needs. And, then finally, to recommend improvements that would address the projected future needs. CDM completed the study in February of 2001, and in April 2001, CDM was contacted again to perform the design for the recommended improvements and they also provided services during bidding and construction. The design was completed by January of 2002, and contract was awarded to a contractor shortly after that. And the improvements were completed in early 2003. That was the extent of CDM’s involvement in the city’s WWTP in a nutshell. Joint Vice President-Respondent Carr clarified that the MUD Board actually contracted with CDM around 2000. Mr. Sun stated that the contract was signed in September 2000. Joint Vice President-Respondent Carr responded that part of the ethics charges was that the EPA violation in 2001 forced us to expand the WWTP. So you confirm that the studies to expand the plant were actually prior to any EPA alleged violations. Mr. Sun stated that he has been in this field now about 35 years now, and he has worked on probably hundreds of wastewater plants, and always wastewater plants at one time or another TCMUD No. 1 118 of 160 16 Feb 2010 will experience violations. And what EPA typically does is to give the violator time to self-correct the problem before any fine will be assessed. MUD Secretary Mary Moore was sworn in by Joint President Henry. MUD Secretary Mary Moore read from the Ethics Complaint the sections that the respondents were accused of violating (see attachment “A”). Moore also read into the record two letters from EPA (see attachment “B”), and finally, Moore read commendations received from TCEQ (see Attachment “C”). Attorney West added that the Ethics Policy that the complaints were filed under was not adopted until September 15, 2009, just a few months ago. So far, the evidence and testimony heard tonight all relates to actions prior to that date, going back to the censure of last Spring, and I don’t think it was the intent of this ethics policy to be retroactive but only to apply to the conduct of the directors after it was adopted. So, West wanted to make that a matter of record, also. Joint President Henry advised we would hear from the respondents with Director Cantrell responding first. Vice President-Respondent Cantrell, after being sworn in by President Henry, advised he was appointed to the MUD Board in 2004. Cantrell advised he received an email in his mailbox and it was from an anonymous individual or group, VoterAltert@SweepTheMUDsOut.com. Cantrell read the email, which is repeated here: Every Trophy Club Citizen should take the time to research the EPA violation database and understand just how poorly our MUD operations are being managed. Of the 447 facilities returned with the keyword search "MUD", Trophy Club MUD1 is one of two MUDs in the United States that have been out of compliance with the Clean Water Act in 12 of the last 12 quarters (report attached). Using this criterion, our MUD is the worst in America with total 171 violations listed. Since Clean Water Act violations are punishable by fines of $25,000 per day per violation, there can be no cost savings to Citizens as long as we still have a MUD, only massive liability. This will never change until the Town of Trophy Club begins the process of absorbing the MUDs. Vote YES to Proposition # 2 to return accountability to our MUD operations. Visit www.sweepthemudout.org for more information. Cantrell stated that as a MUD Director he knew that those 12 quarters was wrong; Cantrell then responded with the following email response: All - The following is sent for information. When the Waste Water Treatment plant was updated, the Municipal District installed an Ultraviolet Disinfectant system in place of residual chlorine. Please see Emma Cornelius of EPA comments below. The violation listed in the excel attachment are in the process of being removed. There is a fully compliance letter from TCEQ on file at the Mud District Office. If you would like a copy please advise. Best regards, Gary Cantrell, Director Mud 1 P.S. If you would like to call me personally, my home number is 817-430-4764. http://www.consolidatemuds.com/ Cantrell added that he did not want to make a political statement, and he didn’t. He just wanted to correct the record. What we’re talking about here is our effluent water, the water that is extracted from the wastewater treatment plant. It is Cantrell’s understanding, and he has gone down to our WWTP 4 or 5 times, and Cantrell is very proud of Trophy Club and our MUD Board and our systems out here. I believe our water, and not everyone would agree with me, is as good as any drinking water you’ll find, although we’re not talking about. I think if you go down and visit this WWTP, it’s an excellent facility, and you can go right down the road and visit another one that’s an excellent facility, discharging into Lake Grapevine. I personally went down and talked to Tim Dagg about it, when all this came up. He not only tests the water and has to send in EPA reports on his lakes and stuff, where the water goes in, he puts chlorine where you can play golf out there, because he doesn’t have ultraviolet lights to treat it with. So again, my point is here, I was just trying to address this. I don’t know of anything else to say TCMUD No. 1 119 of 160 16 Feb 2010 here. I never served on MUD 2; I did live in MUD 2 for about a year as a citizen. As far as I know, that is the only complaint against me, is that not correct, Steven (Kohs)? Complainant-Director Kohs stated, “That is my understanding.” District Manager Scott verified with Mr. Zink that with CBOD and TSS violations, which we have corrected with the filters we have put in. Is it true or false that CBODs can be affected by weather, environment, or mechanical breakdown and the only thing that get’s that out is air and detention time? Mr. Zink agreed, stating that is true. Joint President-Respondent Budarf, after being sworn in by President Henry, advised he would address each complaint individually, and read his response, which follows: Item 1. They accused Respondents of not conforming to Sections 1, 2 and 3 of the current Ethics Policy which went into effect in Sept. 2009 and by my own statement at the MUD 1 meeting, this Ethics Order was NOT retroactive. They have failed to give any examples of these violations and therefore I cannot defend against them. Item 2. They accused Respondents of not being in compliance with the MUD 1 Clean Water Act permit, among other laws. Again, they have failed to give any examples for me to defend myself against. Also, I was never a member of the old MUD 1. Prior to May 2009, I was a member of MUD 2. Item 3. They have alleged that MUD 1 was a defendant in multiple EPA enforcement actions from 2001 continuing into 2009. During this time, the district manager submitted discharge monitoring reports to the EPA that indicated in excess of 50 separate permit violations subject to potential penalties of $27,500 per day. We test 17 times a month, 12 months a year, and over the last 5 years we were out of variance 12 times, out of 1,000-plus tests, which is about 1%. Not bad. Now these do not turn into a violation if within a certain time period (90 days), the problem is corrected. Also, I was not a member of MUD 1 until after May of 2009. Prior to May of 2009, I was a member of MUD 2. The next complaint states that MUD 1 was required to undertake wastewater treatment plant upgrades due to enforcement orders in 2001. These enforcement orders were due to mandated EPA changes in guidelines. We did expand the treatment plant from 2/3 capacity to total build out because we were able to save the residents over a million dollars by doing everything at one time. Also, I was not a member of MUD 1 until after May of 2009. Prior to May of 2009, I was a member of MUD 2. Item 4. They continue to state as recently as Dec 2008 MUD 1 continued to be citied by TCEQ. The Complainants should notice that on the supporting documents these are alleged violations which are different than violations, which result in fines. Also, I was not a member of MUD 1 until after May of 2009. Prior to May of 2009, I was a member of MUD 2. Item 5. The next complaint is that we refused to address citizen concerns in open session and that we failed to present proof that MUD 1 even made the upgrades. Let me say, we never refused to address their concerns. We requested they meet with us and supply us with supporting documents for the items Steven Kohs and Ryan Chitwood wanted on the agenda. We never received a response or any supporting information from either Kohs or Chitwood. Next, I take exception to the fact that Ryan Chitwood is alleging MUD 1 sold bonds and did not perform the work. This could be interpreted as an accusation of theft. If that is the case, then Complainants should file charges with the appropriate agency. If you have proof of such, please present it. They also stated we would not waive fees for open record requests. We have a policy in place for everyone and Ryan Chitwood is no exception. Additionally, we followed the guidelines set by the State. Also, I was not a member of MUD 1 until after May of 2009. Prior to May of 2009, I was a member of MUD 2. Item 6. The next accusation states that MUD 1 failed to acknowledge that violations exist. If Steven Kohs would understand the MUD business, he would know that once a violation occurs a fine is levied. We have never been fined. They also once again state that we have deceptively presented information from the EPA referring to a database error. After we received the letter we discussed it in open session TCMUD No. 1 120 of 160 16 Feb 2010 with Steven Kohs in attendance. Also, I was not a member of MUD 1 until after May of 2009. Prior to May of 2009, I was a member of MUD 2. Item 7. Complainants go on to claim that we failed to hold the District Manager accountable for these violations, instead approving a pay raise despite the repeat violations in 2008. Again, we only had alleged violations in 2008, which were resolved before they became violations. Also, Robert Scott became the Manager in November 2008, the same month we had the TCEQ inspection, where we were asked to supply documentation and make minor adjustments, all of which were done in a prompt and efficient manner. Item 8. Finally, they accused us of censuring Steven Kohs in an attempt to silence an appointed official for the accusation of “non existent EPA Violations”. Mr. Kohs was censured for three reasons; One, he broke the rules of executive session twice. After the first time, he was warned. Also, concerning the EPA letter, after he was privy to the EPA letter from Michael Michaud, Kohs still put out an email before the election stating we were still in violation which was a false. Finally, Kohs was censured for submitting a misleading document meant to confuse the public. Budarf added that once again we are here to today to respond to Mr. Chitwood. As I can see, he once again does not have the courage to face us after accusing us of wrongdoing. The Citizens for MUD Accountability, all five of them, have filed this complaint. Over the past several months these complaints have been run up the flagpole by Mr. Chitwood. In his usual manner, he states the complaints, and does not want to cloud it by the truth or the facts. It would take the air out of what he is trying to accomplish. He has threatened our MUD Secretary with criminal action with the Denton County D.A. He has threatened our Manager with hearings at TCEQ and has called the Board of Directors “criminals.” Mr. Chitwood has been invited to the office to meet with us to explain his concerns, has been invited to the wastewater treatment plant for a tour and an explanation of how it works. Every time he has refused. Mrs. Chitwood, who signed the complaint, has posted on the Internet that we dump 250,000 gallons a year of raw sewage into Lake Grapevine. She offers no proof and has made no contact with us to verify the claim. She never takes into account that the TCEQ keeps renewing our permit; this would not happen if we were dumping raw sewage in to the Lake. Now, we’re forced to waste the time of the Board and the cost of the attorneys falls onto the customers of the utility district. The people that are complaining do not want the facts or explanations. In my opinion, they are getting ready for the next election. They are trying to throw mud on the wall to see if it sticks. Complainant Karen Passiak asked Budarf if he knew who the author is of this document that we as the citizens of Trophy Club signed; who is the author? Joint President-Respondent Budarf replied, five people. Complainant Karen Passiak asked, “Who is the author of the document in front of you?” Joint President-Respondent Budarf responded with Steven Kohs, Karen Passiak, Ryan Chitwood. Complainant Karen Passiak again asked who is the author? I will ask one more time. Who is the author of the document? Not the people who supported it and signed it. Joint President-Respondent Budarf replied, “Beats the heck out of me.” Complainant Karen Passiak stated, Mr. Budarf, I don’t know who you are, but, it seems that this is a witch hunt. And all we’re asking as private citizens is to get the truth. All we want is the water to be safe for our kids, for our families, and everybody else. Joint President Henry advised Complainant Karen Passiak to ask questions. TCMUD No. 1 121 of 160 16 Feb 2010 Joint President-Respondent Budarf replied, to answer your question, no one signed this, so the only signatures I have are the five complainants’ signatures. Complainant Karen Passiak replied, and I’m one of them. Attorney Liston interjected, that this is a legal question. It’s not really who is the author, the question is, who are the complainants who filed the complaint that we’re having the public hearing on at this moment, and there are the five complainants and they are those specified by Director Budarf. Complainant Karen Passiak replied that she supports what Ryan Chitwood, who has the credentials to question what our wastewater is and where we need to have it looked it and analyzed and tested, and that’s really what we want. As citizens, that’s what we want. That’s all I have to say. President Henry asked Complainant-Director Kohs if he had any questions. Complainant-Director Kohs responded that he had no questions at this time. Joint Secretary-Respondent Thomas, after being sworn in, responded to the complaint. Thomas advised that within the complaint filed, there was specific mention of a portion of an email that I sent out that was filed within in the complaint. I will address that and also address with the emails that were published that it’s associated with. Before I do that, I have some general statements to make. I wrote this response last Friday, January 15, 2010. Response from MUD Director Jim Thomas to a formal ethics complaint, specifically naming him as one of the violators, filed with the MUD 1 Board Secretary on December 10, 2009, and signed by: Steven Kohs, Karen Passiak, Ryan Chitwood, Barbara Glaser and Rhonda Chitwood. The complaint is divided into three Sections with supporting statements from the 5 complainants. Many of the supporting statements are in error, or describe situations that were addressed and corrected years ago by the MUDs involved; and done so as quickly as possible once realized. To better understand the exact nature of the complainants alleged violations, each were asked to provide further, more detailed, and more accurate information in support of their complaint. As of Friday, January 15, 2010, when I wrote this response, none had done so.Over the past 25 years, I have served as a MUD Director on the old MUD 3, the old MUD 2 and the new MUD 1 Boards. I was also a Director on the Master District Board for a number of years. To the best of my knowledge, myself and the various Directors of each MUD Board I served with never 1: “failed to act in the public interest”, 2: “failed to comply with the law” and 3: “failed to avoid the appearance of impropriety in conducting public meetings”. I am particularly disturbed in that the two major complainants, Mr. Steven Kohs, and Mr. Ryan Chitwood, were invited on numerous occasions to meet with the MUD District Manager and the MUD Secretary and review a host of documents sent by various State agencies and the EPA which fully answered every concern they eventually expressed in their complaint about MUD operations. They never accepted any of the invitations offered to them, and Mr. Chitwood even refused to do so on at least one occasion, prior to the filing of their formal complaint. Of major concern to me personally, is that Mr. Kohs has been a MUD Director for over a year, and has participated in numerous MUD meetings where these issues, and the various documents refuting them as being invalid, were discussed in detail by our MUD Director and Secretary. Mr. Kohs and Mr. Chitwood, plus the other three people they asked to co-sign the complaint with them, have cost the taxpayers of Trophy Club extensive expense by wasting numerous hours of the MUD staff’s time, and MUD attorney’s time associated with what, in my opinion, is a frivolous, even possibly politically motivated, allegation of wrong doings that never occurred. Had either met with our District Manager and MUD Secretary, all their concerns could have been answered. I would like to address further one page in the complaint that is entitled – “Attachment 8 – False Statements TCMUD No. 1 122 of 160 16 Feb 2010 by MUD Officials (con’t)”. In that section of the complaint, a portion of an email I sent on April 27, 2009 is included. Part of one sentence in that email has been “bolded” within the complaint filed, whereas those words were not bolded in my original email. Documentation string submitted in response to the complaint: 1) E-mail in which the statement is made by the author within the email itself - “My name is Steven Kohs, I am a MUD 2 Director, xxxxxx.” Email came from voter_alert@sweepthemudout.org on Sunday, April 26, 2009. Sent: Sunday, April 26, 2009 9:58 PM Subject: TROPHY CLUB VOTER ALERT www.sweepthemudout.org CITIZENS OF TROPHY CLUB, This May Be Your Last Chance To Hear The Truth ! The town of Trophy Club is in a dangerous cross road. If you don't know by now our town has an extremely critical vote on May 9th., and if you still do not know what all the many issues and truths are......the time has come to become better informed ! My Name Is Steven Kohs, I am a MUD 2 Director, I was the ONLY one to vote NO, for the MUDS to sue you... I have also NEVER taken the PAYCHECK as all the other MUD Directors have done. My fear is simple, Will the citizens of Trophy Club seek the truth, ask the questions needed to cast an informed vote? Or will they go along with the good ole boy system and devastate our town by a vote supported by deceit, lies, and smear tactics? CITIZENS OF Trophy Club........DID YOU KNOW..........You have a MUD candidate convinced by other MUD Directors into running as a SINGLE ISSUE candidate for Mayor to continue to protect the MUD's greed for power and control, and to perpetuate the collection of their director fees merely for attending meetings. More concerning is this candidate is not truly qualified to run our town government which is very obvious by the past MUD mismanagement, performance and legal investigations. This same MUD candidate running for Mayor, voted to waste about $ 250,000.00 of YOUR tax payer cash to SUE YOU! To add insult to injury, she has personally received about $ 42,000.00 of tax payer money along the way while making this decision to create havoc within our town. You have MUD directors who have misstated the truth to gain citizens votes. The MUD directors and MUD attorney appear to be concealing public legal facts until after the election. You have MUD directors who have bullied town employees to do as they say. You have MUD directors slandering our town manager unjustly. You have 2 MUD directors who are currently being legally investigated by the Denton County DA's office for breaking the law for deleting public documents. You have MUD directors giving large illegal bonuses. The MUDs have been in direct violation of EPA regulation the last ( 12 ) consecutive quarters, or 4 years, and have done nothing to keep us safe. The cost to tax payers is approximately $ 470,000.00. The MUDs have had 4 years to correct this and still allow our town to be at risk. Keep in mind, the same person in charge of the MUDs is now running for our town mayor. You also have the MUDs openly supporting a TOWN COUNCIL CANDIDATE who is currently listed as a party in an investigation in the Denton County DA office for a hate crime. A former MUD 2 director resigned due to financial waste and mismanagement. I have no idea why this TRUTHFUL information is not being spread like wild fire. IT SHOULD BE. IF I had my way, I would fire the entire MUD board, and start over with people who will be honest, just, and make the unprecedented effort to work with the town to bring peace to our town, less turmoil and personal conflict for our town employees, and to lessen our town government cost of serving "US" ...The Citizens. And For the Record. Here is where my support is and where my vote will be placed. (YES) On Town Proposition # 2 Absolutely - ( NO ) On MUD Proposition. The time has come to hear the truth Trophy Club....... Ask The Questions.... Seek The Truth That THEY Do Not Want You To Know. Stay tuned for part two of this report..... www.sweepthemudout.org 2) Included within an email I sent out on Monday, April 27, 2009, which is attached within the complaint, are the words: ‘I promised myself early-on that I would try to stay out of the “garbage” emails that are flying all over the place but one came out Sunday that I simply cannot ignore. It was written by Steven Kohs and was published via the “anonymous” email address of voter_alert@sweepthemudsout.org. I have never read so many inaccurate statements, totally incorrect information and improper slanderous statements concerning a number of outstanding TCMUD No. 1 123 of 160 16 Feb 2010 Trophy Club residents as I did in this one document. It is SO outrageous that the MUD Manager, Mr. Robert Scott, has sent a response today to everyone copied on Steven’s original email, detailing as much as possible the inaccuracies. Xxxxxxxxx’. 3) MUD Manager Robert Scott’s response, dated April 27, 2009, to Steven Kohs’ email which was sent out from voter_alert@sweepthemudout.org on April 26, 2009. This is the response I referred to in my email above. District Manager Scott’s response to MUD 2 Director Kohs’ email of April 26, 2009 at 9:58 p.m. April 27, 2009 Mr. Kohs is not an elected MUD2 member. He sits on the MUD2 board as the result of being appointed to fill the vacated spot of one elected member who could not attend meetings regularly. Mr. Kohs, in his short tenure, has an unfortunately consistent pattern of demonstrating destructive and untruthful representation on the MUD2 board. His e-mail of April 26, 2009 at 9:58 p.m. is disheartening for the libelous and slanderous information it contains. Please use reason and good judgment as you navigate these issues. The MUDs are long-term, stable entities which have served as the foundational pieces for the beautiful town that we enjoy. The MUDs’ functions are provided by state law, and the MUDS follow state protocol accordingly. There are differences in a MUDs functioning and a city government’s functioning which may leave room to misinterpret and twist the appearance of a MUD function which Mr. Kohs has done at others’ expense. Mr. Kohs mentions “paychecks” as if MUD directors are greedy and serve for the nominal fees they receive (per state law) for being MUD directors. This hurtful comment is misleading. It is a misguided issue and a red herring to pull voters away from the true issues at hand in the election. State law provides that MUD directors receive small fees (“director’s fees”) per meeting day or day of performing other business of the MUDs. City governments are not provided the same provision in state law. It is disheartening that our long-standing, 27-year director, Ms. Connie White, was attacked in Mr. Kohs’ e-mail. She has been a faithful servant full of wisdom and quality guidance, serving on state-wide boards in the performance of her duties as your elected official. The amount mentioned is comprised of the state specified fees that Ms. White has properly received over 27 years. Mr. Kohs statements that certain persons are being investigated are also a part of the muck that has become a part of this election. Mr. Kohs needs to be more specific if he is going to make these types of statements. Part of the problem here is that many people are saying many things without specific, identifying facts. If Mr. Kohs cared that you knew the truth, he would give you the tools to find out the truth. Otherwise, if you believe him, it seems that the whole system is corrupt, but the reality could not be further from the truth. Are MUD members being unfairly accused of wrongdoing? Where are the criminal charges that are supposedly arising out of the allegations? Mr. Kohs can show none of that. Please be wise as you evaluate communications sent to you. The legal fees issue is also a red herring. The issues for this election involve what is on the line if the Town takes over MUD2 versus what is on the line if the two MUDs merge. The legal fees were necessary to protect the election, and we do not know the amount of the litigation at this point. It is still ongoing because the election is not yet over, but the $250,000.00 is a misstated amount. There has been no expenditure at this point near that figure. The biggest figure “transferred” (not “spent” but “transferred”) was a $150,000.00 retainer to a law firm for the purpose of fighting a hostile takeover and to make sure the election would occur and the voters would be allowed to vote. (Unused portions of retainers are refunded. We have not even exhausted this retainer.) This has been unfortunately necessary in light of the Town’s repeated attempts to abolish MUD2 before the vote could take place. It is gratefully now the case that the election will go forward as planned. There has been no withholding of public facts. Such allegation is inflammatory toward the MUD attorneys as well as MUD directors. But as you know, such a statement would not be true given the rigorous standards and rules applicable to attorneys by our state. Although I cannot understand many of Mr. Kohs vague and unsubstantiated statements, and therefore can’t even comment to each specifically except to say that there is no truth to them, I can say on the allegation of deleted documents that I personally have evaluated the claim in that regard rigorously. I can clearly tell you that no documents have been deleted. Such statement is false. Probably of most concern to me is the TCMUD No. 1 124 of 160 16 Feb 2010 allegation that the MUDS are in violation of EPA regulations. The MUDs have not been and are not in violation of the EPA. The state body that coordinates with the federal EPA is called the Texas Commission on Environmental Quality (TCEQ). There were some glitches in the communication between TCEQ and the EPA. The MUDs were not in violation, and this issue has been cleared up, and I am attaching e-mails to show that this was a miscommunication issues between the two environmental control bodies (state and federal). When we made improvements to our system, the paperwork was slow to be processed. It appeared that there was a violation when actually we had upgraded to a superior system. Please see the attached e-mail if you have a concern in this area. Our system is stellar. No violations. No fines. And the EPA and TCEQ are very sorry to have caused this trouble for us. The disheartening part is that Mr. Kohs knows this and would choose to misguide others. Thank you for the time and attention to this message. It is important that you can read with intentionality the various barrage of information being thrown at you. I hope this information is helpful. Thank you, Robert Scott, Trophy Club MUD Manager, 682-831-4610 4) Press release on the censure of Steven Kohs by MUD 2 – dated Thursday, May 14, 2009 FOR IMMEDIATE RELEASE MEDIA CONTACT: Date: Thursday, May 14, 2009 Lisa Hennek, Town Secretary, [682] 831-4600 Trophy Club MUD2 Press Release On Tuesday, May 12, 2009, the Board of Directors of Trophy Club MUD2 issued a public reprimand and censure to MUD2 Director Steven Kohs. Specifically, the Board found that Director Kohs provided false information to others and to the police regarding discussions held in closed session; relayed false information to others regarding at least two staff members of the Town of Trophy Club, Texas; sent out a communication that contained false, misleading, and inflammatory statements and accusations including (but not limited to): non-existent EPA violations and fines, erroneous accusations regarding a director of Trophy Club Municipal Utility District No. 1, unfounded allegations of corruption and mismanagement, unsubstantiated statements regarding legal fees, characterization of a bonus for an employee as illegal, character attacks of directors for receiving state-specified director’s fees, and untrue allegations that directors were being investigated by the District Attorney’s office. Such actions, the Board found, are damaging, irresponsible, and contain a high-probability of impairing the Districts’ functioning. Based on the charges against him, Director Kohs was asked to resign from the Board, and Director Kohs refused. Director Kohs further refused to answer for his behavior stating only, “no comment.” Through the public reprimand and censure, the MUD2 Board publicly announces that it does not support such behavior and interference by Director Steven Kohs, and that any liability that may arise due to such actions by Director Steve Kohs shall be personal to Director Steven Kohs. The MUD2 Board has not sanctioned such behavior and will not sanction such actions by Director Steven Kohs which are detrimental to the MUDs’ interests to provide the most cost effective water, sewer and related services to the District’s ratepayers. Thomas added the documents that he read, were his own comments. He didn’t go into detail about not being a director on MUD as Mr. Budarf had pointed out, but he was on the Master District Board, which dealt with basically all the issues of operation, so he chose not to take that path. Thomas is very disappointed that we could not get Ryan to come down and meet with us. We could not get Steven to meet with us to discuss the issues that they had which we had full documentation that they were erroneous and incorrect and invalid. We could have avoided this entire thing. We could have avoided all the costs. Karen, I appreciate the fact that you wanted the truth to get out, and hopefully, after this meeting tonight, that will be the case, and this thing will be done. Complainant Karen Passiak stated that unfortunately she missed the meaning. It seems that everything that you read was directed at Steven (Kohs). And, you know, I go back to the documentation; that we have safe, clean water for our children and our residents, and everything, and forgive me, there are times in this meeting, there have been snickers, and I don’t see anything humorous. Mr. Thomas, you seem like a nice guy, you do, but I know for a TCMUD No. 1 125 of 160 16 Feb 2010 fact went around to my neighbors and asked them personal questions about me as a MUD Director. Please tell me that there is some meaning to all that reading that you just gave. Joint Secretary-Respondent Thomas asked that his reading be included in the minutes, formally, as written (included above). The first page has to do with my response to the three general statements of the complaint that apply to all of us. The second piece of my answer had to do with the fact that Mr. Chitwood chose specifically to address the comment that I had in an email based on an email that Steven sent out, and I was addressing that. Also, I was addressing the fact that in this, the censure of Steven came out as a MUD 2 censure when Steven was on the MUD 2 Board. It was not a MUD 1 censure. Complainant Karen Passiak asked, aren’t you a part of the Board that appointed Steven Kohs to the directorship and MUDs. Joint Secretary-Respondent Thomas answered, yes, he was. Complainant Karen Passiak then asked, didn’t you find qualities in Steven Kohs that as a citizen that he would bring value to the MUD Board at the time? Joint Secretary-Respondent Thomas replied that he thought we’re getting off the subject. Let me answer the question. We were a very short time away from having an election, and it cost approximately $3,000 to $3,500 of MUD money to hold an election. Even though it is held with the City, it is very, very expensive. Steven was the only person who filed to run in the election. We had an open position. It made no sense whatsoever to the four of us that were remaining to hold an election, when Steven was the only one running and we would elect him. When he came before us, we asked Steve if he would consider withdrawing his nomination, allowing us to not hold the election, and if he would do that, we would in fact appoint him at the next meeting to the open seat. The last day for the filing of nominations, Mr. Greg Lamont and Ms. Lynn Hale filed. Now, we have two people running. And this Board chose to honor the commitment that it made to Mr. Kohs, and we went ahead and appointed him to the Board, because he had withdrawn his name and could no longer run for election. So, had the election occurred and had we not appointed him, one of the other two people would have been elected and Mr. Kohs would have had no opportunity to serve. Complainant Karen Passiak asked, don’t you find qualities in a person that’s going to take public office and check on them and make sure they’re a credible citizen? Joint Secretary-Respondent Thomas stated we have appointed four or five directors to the various boards during the 25 years I’ve been on the boards. It’s been difficult to find people to serve in most of those cases. And most of the time, we have had to go out and ask someone, would they please be involved. When Steven applied and the circumstances occurred, we never had to go check on the background of anybody before. If someone was interested, we were glad to have them, because it prevented us from having to go out and beg someone to come on board. Steven was ready to serve. We were ready to have him serve; therefore, we appointed him to the Board, and thought we were going to save the taxpayers thousands of dollars by not having to hold an election. Complainant Karen Passiak replied, I n the comment you made about this taking the taxpayers’ money and everything, don’t you think as a citizen to question a public servant. I look at my neighbor, who is Ryan Chitwood, and that’s what he does for a living. And I sat down with him, and I went through the paperwork, and I understood, you know, that there was some concern there. But, don’t you believe that it is money well spent to answer the questions, confirm, right or wrong, but as public servant, I would think that you would want me to know the truth, and do TCMUD No. 1 126 of 160 16 Feb 2010 everything possible based on a petition that we did. Okay, point of order. Joint Secretary-Respondent Thomas stated that the question is where is Mr. Chitwood tonight? Complainant Karen Passiak replied she didn’t know. Joint Secretary-Respondent Thomas stated the insinuation has been by yourself that he was the author of the document and the rest of you were just signors. Where is he tonight? Now, I’m going to ask you this. He has come to two MUD meetings that I sat in and spoke as a citizen about these complaints and immediately left, stating he could not stay around to hear our answers. He was invited numerous times to come here, and refused to do so. President Henry asked Complainant-Director Kohs if he had any questions or comments. Complainant-Director Kohs responded not at this time. Joint Vice President-Respondent Carr, after being sworn in by Joint President Henry, provided his response to the compliant. Joint Vice President-Respondent Carr stated that as far as to notification to citizens, there’s a report that comes out every year, Water Confidence Report, it’s online; it’s posted, that people can actually look at the quality of our water. So, that’s available. Through various channels of the Internet, obviously Mr. Chitwood knows where some of this stuff is, there’s either testing from EPA or TCEQ, so if a citizen has any questions at all, I invite them to either check the Internet, to check the MUD website, or come to a meeting. As far as the statement that it’s a waste of time, I feel it’s not a waste of time. The best thing to do, if a person has a question, answer it. Again as people mentioned, that invitations were given to Mr. Chitwood. Invitations to put things on the agenda were given, none of that ever happened. I’m kind of insulted that Mr. Chitwood did all this work to file an Ethics Charge and he doesn’t show up. I mean that says something to me, that it’s really not that important to him even though he did all this work. Saying that, I have served as MUD Director since being elected in May of 2000. At that time, MUD 1 and MUD 2 operated independently. In October of 2000, we created the Master District as the operating arm to provide water and wastewater service to customers in Trophy Club and outside of Trophy Club. This was done to reduce the overlapping cost and run more efficiently. As I said at the onset, I think it is confusing that Mr. Chitwood, who authored this, chose four directors to target when the MUD 1 Board when it was in operation operated as a five-member directors. MUD 2 operated as a five-member director board, and then the Master District was the combination of MUD 1 and MUD 2. When we take action tonight, it requires a majority vote. So at least you have three members when it was five, or six as it is now. So it kind of puzzling that he only targeted the four of us. What I found, we were the only ones who actually answered Mr. Chitwood in emails. My claim to fame was my statement; My knowledge and to the contacts at TCEQ and EPA, which have both spoken to you numerous times, have no record of any infractions or records of fines paid by the TC MUDs. I think the presenters and the information provided tonight, that’s a true statement. If someone differs, please provide me the information. I wonder why I’m actually included in this. Another part was minutes, Attachment 4 of this Ethics, which was in regard to a MUD meeting, a MUD 1 meeting, on March 6, 2002, again I was on MUD 2, I wasn’t present. It shows the directors that were present; my name is not on there. I wasn’t in attendance, so I have no idea why that was included and I was accused of that. As far as the bond that Mr. Chitwood refers to, doing that much research, I applaud him but it was incorrect. It wasn’t a $3 million bond, it was $3,510,000 bond, and out of that amount, the breakdown is the WWTP Expansion was $1,284,000, and this is MUD 2 only, because that’s all I was on was MUD 2. The ground storage tank, which had nothing to do with the EPA allege violations. We spent $761,000 for the build-out of the TCMUD No. 1 127 of 160 16 Feb 2010 expansion of the treatment plant. No. 3 – Master District Connections Charges was $807,900 that came from MUD 1. At that time, MUD 2 purchased a number of connections and any existing expansion of Trophy Club was going to be annexed into MUD 2, so we bought those connections from MUD 1 and we paid them $871,900. That money they used as their portion or part of their portion for the expansion. So whenever I read here, as far as expansion of the WWTP of $1,284,000, MUD 1 paid the equivalent amount of it. The next one was water line reimbursement, $100,000. How could any EPA or TCEQ violations or allege violations have anything to do with a water line replacement or reimbursements? Contingencies $204,000; engineering costs $201,000; legal fees and non-construction costs add up $3,510,000 that was done June 6, 2002. Another thing he failed to mention, there were two additional bonds that didn’t even come into this Ethics. One of them, was in 2003, FDIC Settlement from bankruptcies from prior developments, and I’m not going to elaborate, because its not part of it, but that was $1.2 million. Last bond was May 26, 2005, that was MUD 2, to save the customers’ money. We actually bought down or refunded a prior bond that was done in 1995. That was $3,134.000. Those are the three bonds from 2002 onward. Was the bond in 2002 a result of an imposed fund or action by EPA or TCEQ? I think Mr. Sun confirmed that we started way before that 2001 alleged violation. I’m not going to go into all of the things of the Ethics. Mr. Thomas, Mr. Budarf, and Mr. Cantrell have addressed it. As far as the raise, at that time, it was Utility Supervisor Robert Scott. Every business I’ve been in or company, we you move up the ladder and take on more responsibility, you get a raise. So, I’m confused about that. And Mr. Kohs, who is one of the signatures on here, actually voted for it, so his name should be with my name as far as an ethics violation if there was anything guilty about that, which there wasn’t. It was a pay raise. He went from Utility Supervisor; we had a contract person Walter Fitzpatrick in the District Manager’s slot. He retired, and Mr. Scott was very well qualified to take that position, so we gave him a raise equivalent to what Mr. Fitzpatrick was making or somewhere in that ballpark. As far as the censuring of Mr. Kohs, he was censured for statements he made, allegations, or false statements I should say, regarding a council person, the town manager, the MUD Directors, and some of it was discussed in Executive Session, which I rather not discuss until everyone approves discussing that, but that was the reason he was censured in my eyes. I voted for it, and when Mr. Kohs was asked, and I asked him several times, I asked him at the candidate forum night, can you explain where you got this from? Because there was actually another flyer that he put a statement on that was part of a candidate’s flyer, Mr. Moss, that he mentioned some dollar amounts, and I said, can you provide backup on this, “No, that’s just what someone told me.” And then at the candidate forum, I asked him about this other document, and he couldn’t comment on that. And then again prior to being censored, he was asked to comment, and at least defend yourself, tell us you made those comments, “No, comment.” That’s all he said, plain and simple. Every question asked of him by another director, “No, comment.” “No, comment.” At least defend yourself. As far as records fees, again we adopted a Texas Legislative Guideline or a Record of Fees to be charged for Open Records Requests. Again Mr. Kohs voted for that just like all the other directors. Joint President Henry asked Complainants if they had any questions or wished to respond. Complainant-Director Kohs responded, “No comment at this time.” Complainant Karen Passiak stated she would make it short. Mr. Carr thank you. Out of the four explanations, yours was probably the most detailed and stuck to the point, so I thank you for that. Without pointing fingers at people, I thank you for that and I applaud you for that. I just want to be able to understand, and answering the questions for what is presented is what I want as a citizen. I’m still trying to grapple and I need kinda your answer on this one. As to why a private citizen somebody cannot file an Ethics Violation document like that? Joint Vice President-Respondent Carr replied that you can, and you did, and there are TCMUD No. 1 128 of 160 16 Feb 2010 procedures that we go through, which were doing right now. Complainant Karen Passiak asked what bearing does that have on what has been voted on or has been voted in a MUD session. He has every right to question like everybody else that’s a citizen of Trophy Club; does he (Steven Kohs) not. Joint Vice President-Respondent Carr replied, what I’m saying, in this Ethics charge and you signed it and Mr. Kohs signed it and Mr. and Mrs. Kohs and one other person. They made an allegation that this was illegal, but he voted for the same thing, it was unanimous. If my action was illegal, how can he file an ethics charge against me when he did the same thing? Complainant Karen Passiak stated that he didn’t do it alone, there were citizens that collectively documented this. Joint Vice President-Respondent Carr stated he (Kohs) supported it and he shouldn’t of signed it or he could have signed it and said that he didn’t support this one and this one, and that’s what I would have done, in my personal opinion. Complainant Karen Passiak stated, thank you, of the four of you, you were probably the most professional in your delivery, so thank you for that. Joint President Henry closed the Public Hearing, and asked for a motion for Gary Cantrell. Director Twomey made a two-part motion, and moved that the Ethics Complaint 2009-1210 be dismissed because of procedural defect. The allegations complained of occurred before the Code of Ethics under which it was filed were in effect. Secondly, the Board has nevertheless considered the evidence presented by the Complaining Parties and the Board finds there’s no merit to sustain the Ethics Complaint 2009-1210 against Director Gary Cantrell. Director Boclair seconded the motion. Floor opened for discussion. Director Cantrell advised there was another investigation done by the Alliance Newspaper, and I won’t bore everybody with the details, but they called TCEQ, and talked to a Mr. Sid Slocum, and he said that that was a mistake on the 12 quarters and stuff, too. So, I want to make that clear that even the newspaper came up with same. It’s Water Woes Wrapped Up, Wednesday November 18, 2009. And Cantrell stated the he would abstain. Director Twomey advised that he is relatively new and a lot of this information was pertaining to what happened in 2001-2002-2003, but I’m also well aware that as a Board, we knew that there was a problem with the ECHO reporting system. In the last couple years, we knew that this was an issue, but we knew that the reporting system was wrong. And I was there when that was being discussed, and Steven Kohs was at the Board meeting, and I have this problem where, you can make a complaint about something when you know there is an error in the system, and it’s really not an issue. And to keep festering this up for other reasons, I just don’t understand, because you’re here to serve the public and not serve other issues. Director Hase added that he thought every question or complaint that you folks asked us that could be answered was answered. There are some in here, can’t be answered because you didn’t give us enough information. And I’ll just take Complaint No. 2 as an example. It says that during this time 2001-2009, the MUD District Manager (Cathy Morgas, Walter Fitzpatrick and Robert Scott) submitted discharge monitoring reports to EPA that indicated in excess of 50 separate permit violations subject to potential fines of $27,500. We don’t know what 50 you’re talking about. We can’t find them. We will answer the question, but we don’t have information to answer it. So I think we answered everyone that we could, some of them we can’t answer because we don’t have enough information. Motion carried 7-0-2, with Director Cantrell and Kohs abstaining (Director Fair absent). Director Twomey stated that he would make a two-part motion with regard to Director Jim TCMUD No. 1 129 of 160 16 Feb 2010 Budarf; Twomey moved that the Ethics Complaint 2009-1210 be dismissed because of procedural defect. The allegations complained of occurred before the Code of Ethics under which it was filed were in effect. Secondly, the Board has nevertheless considered the evidence presented by the Complaining Parties and the Board finds there is no merit to sustain the Ethics Complaint 2009-1210 against Director Jim Budarf. Director Boclair seconded the motion. Motion carried 7-0-2 with Directors Budarf and Kohs abstaining (Director Fair absent). Director Twomey made a two-part motion, with regard to Director Jim Thomas; Twomey moved that the Ethics Complaint 2009-1210 be dismissed because of procedural defect. The allegations complained of occurred before the Code of Ethics under which it was filed were in effect. Secondly, the Board has nevertheless considered the evidence presented by the Complaining Parties and the Board finds there’s no merit to sustain the Ethics Complaint 2009- 1210 against Director Jim Thomas. Director Boclair seconded. Motion carried with 7-0-2 with Directors Thomas and Kohs abstaining (Director Fair absent). Director Twomey made a two-part motion with regard to Kevin Carr; Twomey moved that the Ethics Complaint 2009-1210 be dismissed because of procedural defect. The allegations complained of occurred before the Code of Ethics under which it was filed were in effect. Secondly, the Board has nevertheless considered the evidence presented by the Complaining Parties and the Board finds there’s no merit to sustain the Ethics Complaint 2009-1210 against Director Kevin Carr. Director Boclair seconded. Motion carried with 7-0-2 with Directors Carr and Kohs abstaining (Director Fair absent). Director Thomas stated that he hoped that Kohs’ no vote on this means that the answers to the complaint were to your satisfaction and you got the information that you needed tonight. I’m just sorry Ryan wasn’t here so that hopefully, he could also receive the same information, and I just wish that somehow you can impart to Ryan, that we are more than happy, our staff is more than happy to meet with them. We will show him anything and everything. He certainly has the right to complain. I’m not telling any citizen they don’t have that right. Everything in the complaint could have been satisfied and answered for him if he had just taken the time to come up and meet with us. Mr. Bill Armstrong, 18 Avenue 20, addressed the Board. Armstrong stated that he was fortunate to be here when Mr. Chitwood showed up here at one of the MUD meetings, and stood up and made a lot of accusations, and then before anyone had any opportunity to answer his accusations, he showed us all his backside as he walked out the door and never listened to the detailed explanation that were given about our drinking water. I’m very disappointed that he didn’t listen to that, that this thing got to this point, what we’re working on three hours now I guess, right now, attorney fees, and what have you, and you guys showed incredible restraint in replying to the accusations, and I think you did really good. You guys are so open. I just really don’t understand the accusations, but thank you for showing the openness. Board took a brief recess, at 8:40 p.m., resuming at 8:48 p.m. President Henry asked if anyone wished to address the Board, and no citizens expressed an interest. Attorney West advised that for the Record, each of the Respondents did waive their right to respond to this complaint in Closed Session. 3. Receive District Manager's Report – 2010-13-M1 a. Water pumped vs. billed b. Monthly Revenue for Wastewater Treatment Plant TCMUD No. 1 130 of 160 16 Feb 2010 c. Update on Water Plant Booster Pump (formerly VFD) d. Update on Bond for Fire Station District Manager Scott updated the Board, and addressed the Board’s questions. Board discussed issues surrounding the Bond for the Fire Station. Action: Discussion only. President Henry moved to Agenda No. 11, so that Mayor White could address the Council. Upon completion of Agenda No. 11, President Henry resumed with Agenda No. 4. 4. Receive Finance Director's Report – 2010-21-M1 a. Monthly Update Finance Director DuBose updated the Board, and addressed the Board’s questions. Action: Discussion only. 5. Review and Approve Disbursements & Variance Report - 2010-14-M1 a. November – 2009 b. December 2009 Director Thomas moved to approve the Disbursements and Variance Report for November and December 2009. Director Twomey seconded the motion. Motion carried unanimously (9-0). 6. Receive Update from Fire Chief Thomas - 2010-12-M1 a. To provide Board with a monthly update and address the Board's questions. Fire Chief Thomas updated the Board, and addressed the Board’s questions. Additionally, Danny Thomas thanked the Women’s’ Club for a $1,200 grant he applied for and received form the Women’s’ Club. Action: Discussion only. 7. Receive Town Council Update - 2010-15-M1 a. Councilwoman Wilson to provide Board with an update of Council meetings, notices and relevant business. Councilwoman Wilson provided the following update to the MUD Board: 1. Discussions regarding the joint sessions, which Mayor White previously addressed. Councilwoman Wilson added that the two entities have not had a joint session to discuss the issue regarding shared employees and it is her belief that it would be beneficial to both parties. Action: Discussion only. 8. Discuss and take appropriate action to offer consent for TCEQ Order, approving the issuance of $2 million in unlimited tax bonds for Trophy Club Fire Station. Tabled to January 25th meeting date. Action: Discussion only; tabled to January 25th meeting date. 9. Discuss and take appropriate action regarding drilling for a new Trinity Well. 2010-06-M1 Tabled to January 25th meeting date. Action: Discussion only; tabled to January 25th meeting date. TCMUD No. 1 131 of 160 16 Feb 2010 10. Discuss and take appropriate action to consider Proposal for new High Speed Service Plant Pump Installation. 2010-07-M1 Tabled to January 25th meeting date. Action: Discussion only; tabled to January 25th meeting date. 11. Discuss and take appropriate action to adopt one of the four scenarios presented by the SEMO Committee with final implementation to be completed by September 30, 2010. 2010-01-M1 Town Mayor White requested having a strategy session with the MUDs. Council had proposed a date of February 6, 2010. White advised that Council is willing to meet on the January 25th, during a MUD meeting; however, she would like to do both, as White believes this is an important issue, with tremendous ramifications for both entities and our citizens. Adding, this is too big of an issue to just meet on the 25th, and then Council would invite MUDs to attend the session on Saturday, February 6, 2010. Town Mayor White asked that the Board hold off on voting on this issue until after we meet. President Budarf advised that the attorneys will not need to be present if and when the Board has an off-site joint meeting. MUD Secretary Mary Moore was directed to finish up the Chart and forward to Town Manager Emmons, Mayor White, and Council. Action: Discussion only. 12. Discuss and take appropriate action regarding amendment of TCMUD 1's Fire Plan, to include Public Safety. 2010-02-M1 Director Budarf moved to have Attorney West move forward on redoing MUD 1’s Fire Plan. Director Twomey seconded the motion. Motion carried unanimously (9-0). 13. Discuss and take appropriate action on Ethics Complaint 2010-0111-A, filed by Greg Lamont. 2010-25-M1 a. Kevin Carr Director Budarf asked if we could do Agendas 13 and 14th together, which the Board agreed. Attorney West explained to the Board his understanding of the Ethics Complaint submitted by Greg Lamont. When the first Ethics Complaint was filed under this new policy, the complaint was determined to be a public issue. West believes that the issues should be separate. The question before the Board is do the charges as submitted satisfy the basic requirements of the Ethics Policy to such an extent that you feel like in the public interest it ought to be put on the agenda for a full hearing at your next meeting, at which an agenda will be posted, which is not tonight, but would be the next meeting, perhaps the 25th, and that’s the question before you. In reviewing each of the complaints, this appear mostly to be complaints against actions taken by individuals who happen to be MUD Directors, but it was not really action taken as a MUD or during a MUD meeting, as much as it was things that had been filed in separate lawsuits to which the MUD is not a party, and I have some concern that that this is not the same type of complaint as you heard earlier this evening which had to do more with the operations of the District and the way the MUD acts and so forth, and those are decisions that the board should question and answer as to what you feel about these complaints that have been filed and do you feel that they meet the standard that’s in the policy in order to schedule them for a full hearing at the next available meeting. TCMUD No. 1 132 of 160 16 Feb 2010 Attorney Liston added that she shares the same concerns as Attorney West. Liston clarified that Jim Budarf and Kevin Carr have filed affidavits in a civil lawsuit unrelated to the business of the MUD. Liston’s understanding, as she has read the pleadings, Jim Budarf and Kevin Carr didn’t themselves file any documents or in any way enter themselves into that civil lawsuit. The attorneys involved in that civil litigation took affidavits of Kevin Carr and Jim Budarf, and the attorneys filed those affidavits. Liston added that she has the same concerns as Attorney West, and she doesn’t see this as District business; however, that is the Board’s decision. Joint President-Respondent Budarf stated he read the complaint and referred to a comment on the first page that states that the sworn affidavit has caused and required additional taxpayer funds to be paid to the MUD attorneys. Budarf advised that he did not use the MUD attorney. Director Cantrell moved that the Board finds that Ethics Complaint 2010-011 A and B fails on its face to present a violation of the Code of Ethics. Accordingly, the hearing of this complaint would be outside the interest of orderly governance, integrity, and public confidence; therefore, I move that Ethics Complaint 2010-011 A and B against Kevin Carr and Jim Budarf be dismissed at this time. Director Hase seconded the motion. Floor opened for discussion. Director Budarf commented that he did not use District attorneys. Budarf did not cause any extra taxpayer funds to be expended. If you look at the complaint, the comments, Respondents failed to create an atmosphere of respect; respondents have not conducted their lives with honesty, integrity, and fairness. That is not an issue for this Board. This was a civil lawsuit, someone came to my house and sat in my front yard and interviewed me. I have been inundated with Open Records Requests concerning this issue, and my response has been that since these parties are not part of the lawsuit, I haven’t responded, because I would have violated Mr. Lamont and Mr. Kohs’ privacy, so I have made every effort not to do that. Budarf feels that instead of paying their attorneys to do proper research, they’re trying to use the Open Records Act to get free information for their attorneys. Budarf has been contacted by Mrs. Nick Sanders, Roger Williams and a number of other people, and all of them have received the same response, that they are not part of this suit; therefore, he did not provide them any information because that violates privacy. Budarf believes that this Ethics Complaint is without justice and beyond the scope of this Board. Director Cantrell believes that if there is an issue, then the issue should be taken up with Denton County Court. Director Carr advised that he, too, did not consult with any MUD personnel, or Town Staff personnel, or attorney. He had an investigator call me and ask if he was knowledgeable about some situations. Carr, being in the insurance business, is quite familiar with affidavits. Carr does not believe in taking sides, rather let the civil courts decide the facts. Director Kohs asked if either of you referred to yourselves as a MUD Director. Director Carr said, “No, sir.” Director Budarf stated that he would have to look; however, information that he had acquired by sitting on this Board to repeat as long as it is not Executive Session to repeat to an investigator as an individual is perfectly allowed under law. Director Carr advised that he was asked how he knew individuals, and Carr responded it was through Town Council and MUD meetings. Carr never said he was a director at the meeting; he was in attendance. Budarf advised that he and Carr are not the only two directors who have given sworn affidavits, why are we the only two directors on there? Attorney Liston clarified the attorney fees argument, advising that she did review the petition, and she was never contacted by Budarf or Carr, but later there was Open Records Request relating to the petition. Attorney West advised that part of what he read in the Ethics Complaint seemed to be that these affidavits were incorrect or false. If that’s correct, the Texas Judicial System has penalties that can apply to false testimony, false affidavits and that would be the avenue to pursue by anyone who feels false information has been filed in an affidavit. The fact that they are or not a MUD Director is not really the issue. And the Ethics Policy that has been adopted by this Board talks about the Board and acting as a member of the Board. There was a no authorization given to anyone by the Board in that situation. They were acting as private citizens, and have TCMUD No. 1 133 of 160 16 Feb 2010 the rights that private citizens have, which includes the freedom of speech, and the freedom to do lots of things, but they can also be held accountable if they file false things, but that’s not an Ethics Policy issue for the MUD Directors it doesn’t seem to me. Motion carried unanimously 6-0-3, with Director Kohs, Budarf, and Carr abstaining (Director Fair absent). Mr. Greg Lamont addressed the Board, stating that when Budarf and Carr did not reference themselves as Directors in the affidavits that was not true. “I totally regret selecting Mr. Kohs to serve as a director on the MUD Board due to his behavior on the MUD Board; including myself have censured Mr. Kohs” you refer to your actions as a Board Member and it intertwines into the affidavit about being a board member. Mr. Carr says that “I have personal knowledge that he has shared confidential information discussed in Closed Door Executive Sessions with other residents, Police Chief and Town officials. Due to Mr. Kohs’ behavior on the MUD Board, myself and other directors have made the decision to censure Mr. Kohs and afterward we share no privacy information with him.” Those are direct statements as far as being a Board Member. In your ethics ordinance, you have to state that you are not representing the Board when you make a statement. I apologize, it’s in here somewhere. Pam, do you know where it is? Attorney Liston replied she did not. Ms. Pauline Twomey, 203 Oakmont Drive, addressed the Board, stating that she finds it comical, an Ethics Complaint filed by a gentleman who was on the Council, and stated on tape that he was a graduate with a Masters Degree from a wonderful university in New York, talk about lying, gentlemen, that’s a disgrace. Along with saying he worked for the New York Yankees and was retired from there and never worked a day there. Thank you ladies and gentlemen. 14. Discuss and take appropriate action on Ethics Complaint 2010-0111-A, filed by Greg Lamont. 2010-25-M1 a. Jim Budarf Action: See Agenda Item 13. 15. Review Monthly Tax Collection Report - 2010-18-M1 a. December 2009 The Board reviewed the report with no action and/or discussion. Action: Discussion only. 16. Set Next Meeting Date - 2010-17-M1 a. Possible Special Session: Monday, January 25, 2010, 6:00 p.m. b. Regular Session: Tuesday, February 16, 2010, 6:00 p.m. Board agreed to meet on the above dates and requested changing the meeting time on the 25th to 5 p.m. 17. Items for Future Agendas - 09-103-M1 a. MUD 1's water contract with City of Fort Worth b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank c. Water Study (Twomey) d. Disaster Planning e. Creation of TCMUD1 website (09-115-M1) f. Agreement between TCMUD1 and the Trophy Club Country Club (TCCC) for the use of a portion of TCCC's parking lot. g. Fire Plan TCMUD No. 1 134 of 160 16 Feb 2010 TCMUD No. 1 Regular Session Minutes – January 19, 2010 27 Action: Discussion only. CONVENE INTO CLOSED SESSION *CLOSED SESSION Board declined to go into Closed Session. 18. Discuss and take the appropriate action regarding discussion(s) held in Closed Session regarding Complaint 2009-1210. 09-152-M1 a. Gary Cantrell b. Jim Budarf c. Jim Thomas d. Kevin Carr Action: Board declined to go into Closed Session. 19. Public Comments or Presentations. No comments at this time. Adjourn. Meeting adjourned at 9:48 p.m. ___________________________ _____________________________ DEAN HENRY, Joint President JIM BUDARF, Joint President TCMUD No. 1 TCMUD No. 1 ATTEST: ____________________________ ______________________________ JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary TCMUD No. 1 TCMUD No. 1 ____________________________ MARY MOORE (Seal) MUD Secretary TCMUD No. 1 135 of 160 16 Feb 2010 MINUTES OF SPECIAL SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 January 25, 2010 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Special Session on Monday, January 25, 2010, in the Boardroom of the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Jim Budarf Joint President Dean Henry Joint President Gary Cantrell Joint Vice President Kevin Carr Joint Vice President Jim Hase Joint Secretary/Treasurer Jim Thomas Joint Secretary/Treasurer Neil Twomey Director Steven Kohs Director Bob Fair Director DIRECTORS ABSENT: Joseph Boclair Director STAFF AND GUESTS PRESENT: Robert Scott District Manager Mary Moore MUD Secretary Pam Liston MUD Attorney Kathy DuBose Finance Director Danny Thomas Fire Chief John DeBarro Auditor, Weaver & Tidwell Shawn Parker Auditor, Weaver & Tidwell Carolyn Huggins P & Z Coordinator Scott Kniffen Police Chief Renae Gonzales Senior Accountant Tammy Thomas 1 Brook Creek Court Margi Cantrell 1105 Sunset Drive Pearl Ford 2 Spring Creek Court Shirley Hase 209 Inverness Drive Betty Ann Henry 308 Oakmont A. Graham Reporter, Alliance News Larry Hoover 1118 Berkshire Court TOWN COUNCIL PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Kathleen Wilson Councilmember Bill Rose Councilmember Philip Sterling Councilmember Brandon Emmons Town Manager TCMUD No. 1 136 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 2 SPECIAL SESSION Call to Order and Announce a Quorum. President Budarf announced a quorum and called the meeting to order at 5:02 p.m. 1. Discuss, review and take appropriate action to approve the 2009 annual audit report for Trophy Club MUD 1 (Consolidated). 2010-26-M1 The Auditors offered their overview of the audit. Shawn Parker, an Audit Partner with Weaver and Tidwell, addressed the Board regarding the 2009 annual audit for TCMUD 1. Mr. Parker met with the Audit Committee a couple of weeks ago. Parker went over the handout entitled, Auditor’s Communication the Audit Committee. The Auditors did evaluate and perform tests of the MUDs Compliance with certain provisions of laws, regulations, contracts, and grant agreements which are significant to the MUD for the purpose of determining if there was any noncompliance which needed to be reported. Parker advised they were not aware of any noncompliance or did not note any noncompliance in the course of their testing. The significant audit findings was the consolidation of the MUDs. The accounting is unique, under government standards, you are still allowed to use a pooling of interest method even though the consolidation took place late in the year, MUD 1 was able to show consolidated results of operation all the way through to the end of fiscal year of 2009. The most significant estimates that were noted were calculating depreciation expense on capital assets and then the Auditors also evaluate any allowance for any uncollectable accounts, and the Auditors determined they were reasonable. Significant Audit Adjustments regarded a prior period adjustments on capital assets. The net amount is really not material, $21,823; but there was a significant adjustment to both the cost and the related accumulated depreciation with respect to those assets. The Auditors encountered no difficulties in performing the audit. There were no corrected misstatements. There were no disagreements with management regarding any accounting matter or audit matter. Director Budarf asked where the $21,000 came from. Finance Director DuBose explained that the MUD had retired these assets in 2007, but had not reported them in the annual financial report or on the general ledger; however, it had only been retired in the fixed asset system. DuBose verified this with District Manager Scott and Staff. One of the items was a Fire Truck, and the others were miscellaneous vehicles and equipment that were retired in 2007; for a total of about $285,000; almost all it was totally appreciated except for the $21,000. John DeBarro, Senior Audit Manager with Weaver and Tidwell, went over the report entitled, Independent Auditor’s Report. DeBarro advised this report goes over internal controls, financial reporting, compliance and other matters. DeBarro stated there were some internal control deficiencies. DeBarro, as stated in past, the Auditors recommend that the District evaluate the benefits of preparing its own financial statement at year end against the cost to do so. The 2nd issue is segregation of duties. The Auditors recommend that the District segregate the duties of processing payments and entering new vendors in the payables system. The 3rd comment, purchase card approvals, the Auditors recommend that department head p-card transactions (including those made by the Finance Director) be reviewed/approved by someone in upper management or a Board Member. 4th Comment, Capital Assets Records and Depreciation, the Auditors recommend that the capital asst software be updated to reflect all capital asset activities on a regular basis. This subsidiary ledger should be reconciled to the capital asests acquisitions and dispositions recorded in the general ledger at least semi-annually. Director Hase clarified that the costs of having an audit firm prepare our CAFRs for the MUD audit runs at least 7 to 10 percent of the cost of our current audit. TCMUD No. 1 137 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 3 Shawn Parker agreed that the cost will be at least 10 percent of the total cost of the MUD’s auditing fee. Finance Director DuBose presented the annual financial report for fy 2009, and went through the Audit. Finance consolidated the budgets, the revenues and expenses, the fixed assets, and the outstanding debt. DuBose advised that the MUD assets exceed our liabilities by over $9 million. Our Capital Assets net of depreciation are about $14 million. Cash and Investments are approximately $3.1 million. Of that $3.1 million, Fire Construction Reserves is $1.8 million; Interest and Sinking Fund was about $244,000; Utility and Fire Operation was $984,000. Outstanding Debt is $8.1 million; Tax and Revenue Bonds are $7.3 million of that; Contractual Obligations were about $750,000; and Note Payables of about $18,000; Capital Lease Obligations of about $63,000. Results of Operations, Revenues $5.7 million, and $4 million of that is for Utilities Revenues, Taxes are about $1.3 million; PID Utility Fees $515,200. Expenditures $5.3 million; Utility Operations were $3.7 million; Fire Operations was $784,000 and Admin was $818,000. The major Fixed Assets added were the Disc Filter System for $417,000 and the Generator for the WWTP for $140,000. The Water System Improvements were street improvements on Oak Hill, Avenue 20, Brook Hollow and Timber Ridge of about $61,000. Net Increase in Fund Balance was $450,000; of that $330,000 was Operations and Debt Service Fund was about $122,000. DuBose advised that bottom line, MUD 1 looks very good financially. MUD 1 still ended up with Operations increase of $330,000 and has substantial reserves. Director Carr moved to approve the 2009 fy Audit for Trophy Club MUD 1. Director Thomas seconded the motion. Motion carried unanimously (9-0 Director Boclair absent). 2. Discuss and take appropriate action to consider a proposal(s) to install a High Speed Service Plant Pump. 2010-07-M1 District Manager Scott stated the cost is approximately $216,000. We will be putting a generator and a switching gear with the Pump, which will be done in-house. Scott is looking at generators which are running between $25,000 to $30,000. The purpose of this pump is to pump water to our distribution system, and when water is not needed in the distribution system, it fills up the elevated tank for pressure control. Scott believes it is essential, and it will probably be online late summer. The $216,000 cost does not include a generator. Director Twomey asked what the supplemental cost is for a generator. District Manager Scott said around $35,000 to $45,000. Director Budarf confirmed that this pump is required to maintain pressure during high use times and especially during hot summers, and important in case of a fire at the high school and areas to the west of town to provide adequate fire protection. Director Budarf moved to approve the payment of $216,300 for a 3000 gpm, 250 hp, 480 VAC vertical turbine pump with a constant speed drive with a soft start, new transform pad, duct bank, at 3.9% interest based upon American National Bank quote for a 3-year note, and include a maximum of $45,000 for a generator for a total max of $261,300 at 3.9% interest,. Director Henry seconded the motion. Floor opened for discussion. Director Twomey asked if the generator would also be able to power other things. District Manager Scott advised that it would not. Director Hase asked if this was in the budget. District Manager Scott advised it was not. Director Hase asked how much would be paid this year. Director Twomey stated it’s a push. Director Budarf commented that the first payment will be next year. Motion carried unanimously (9-0 Director Boclair absent). TCMUD No. 1 138 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 4 3. Discuss and take appropriate action to approve or disapprove the drilling of a new Trinity Well.2010-06-M1 District Manager Scott seeks approval for a new Trinity Well which will produce 500 gallons a minute at Well Site No. 2, Creek Courts Drive across from Beck Park. Scott advised that electricity is already there as well as a distribution line to the Water Plant. Scott said it will cost approximately $500,000 with the permits and all. Scott stated the new well could produce up to a million gallons a day. We may need to add a transformer. We will need about 50’ of pipe, which we could do in-house. President Henry stated that time is of the essence due to the pending groundwater rulings. President Henry moved to proceed with necessities to drill a new Trinity Well. Director Budarf seconded the motion. Floor opened for discussion. Henry went over the payment options, which the financing is for 3 years at 3.9%. Motion carried unanimously (9-0). 4. Discuss and take appropriate action regarding Order 2010-0125, assigning a position number to each director’s office in accordance with Section 49.103(c) of the Texas Water Code, so that directors shall hereafter be elected by position and not at large, beginning with the May 2010 election. – 2010-05-M1 Director Cantrell moved to adopt Order 2010-0125, to assign places, one through five, for the directors’ elections versus electing at large. Director Thomas seconded the motion. Floor opened for discussion. Attorney Liston stated she had two corrections, in Section 3 the word “government” should be “governed” and in the third Whereas clause, remove the comma after Directors. Both Mover and Seconder agreed to the Liston’s corrections. Director Cantrell stated that this will make it consistent and improve the overall ease in voting as this same system has been put in place by the Town, especially once the terms are put in place. Motion carried unanimously (8-1-0) with Director Kohs voting against and Director Boclair absent. Director Carr asked Director Kohs if he wished to make any comment. Director Kohs stated he is not sure that doing it that way is really truly going to be a benefit to the Town. Director Carr asked Kohs even if the Town does it that way. Director Kohs replied, point taken. 5. Discuss and take appropriate action regarding a Joint Election Agreement with Town of Trophy Club and/or Denton County Elections - 2010-09-M1 Director Cantrell moved to approve to approve a full-service Joint Election Agreement with Denton County Election to perform election services for TCMUD 1 and Town of Trophy Club. Director Twomey seconded the motion. Motion carried unanimously (9-0 – Director Boclair absent). 6. Discuss and take appropriate action to instruct the District staff and attorneys to begin preparation of an amendment to TCMUD1’s Fire Plan, to update that plan, and to broaden the plan to include Public Safety. - 2010-02-M1 Director Thomas moved to instruct the District staff and attorneys to begin preparation of an amendment to TCMUD1’s Fire Plan, to update that plan, and to broaden the plan to include Public Safety. Director Carr seconded the motion. Floor opened for discussion. Motion carried unanimously (9-0 – Director Boclair absent). TCMUD No. 1 139 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 5 7. Discuss and take appropriate action to begin the bond issuance process for construction of the new Fire Station. - 2010-23-M1 Director Carr requested we table this to February meeting, as we have not received any confirmation from TCEQ. Director Twomey stated that we may want to start up the Fire Station Committee. Twomey would like to see a timetable emailed out to help everyone to ensure we stay on track. District Manager Scott and Fire Chief Thomas are of the opinion that they would prefer only utilizing the committee as necessary. Action: Discussion held; agreed to table to February meeting. 8. Review and Approve Minutes 2010-16-M1 a. December 15, 2009 - Regular Session Minutes Director Twomey moved to approve the December 15, 2009 regular session minutes. Director Fair seconded the motion. Motion carried unanimously (9-0 – Director Boclair absent). 9. Set Next Meeting Date 2010-17-M1 a. Regular Session: Wednesday, February 10, 2010, 6:00 p.m. Board agreed to meet on Wednesday, February 10, 2010 at 6:00 p.m. Action: Discussion only. Public Comments or Presentations. Speakers requested to speak after Joint Session begins. Board took a break at 6:27 p.m., and resumed into Special Joint Session at 7:00 p.m. SPECIAL JOINT SESSION - TROPHY CLUB TOWN COUNCIL - 7:00 P.M. JS1 Town Council to call to Order and Announce a Quorum. Mayor White announced a quorum and called the meeting to order at 7:00 p.m., advising that Susan Edstrom was absent. Shirley Hase deferred her comment time to Margi Cantrell. Margi Cantrell of 1105 Sunset Drive approached the Board, and stated the following: I am a concerned citizen and pride myself in attempting to keep up with what is happening here in our Town, how it is running, where and how tax monies are spent and the like. Over the years, my expressed concerns have not deviated far from attempting to ensure all citizens are treated equally and fairly; and that tax dollars are as minimal as possible, while being spent wisely in support of what I believe is one of the finest communities in our area, and "a great place to call home". Therefore, I am taking this unique opportunity to speak to both the MUD #1 Board of Directors and the Council together. Last week, while paying our 2009 property taxes, I turned over the statement to see exactly where the tax monies were being sent. It was at that time that I noticed a trend. The trend being, that regardless of the evaluation of our property, over the last 5 years the following has occurred: Denton County tax monies have increased every year - and the county is now collecting $65 annually more than in 2005; Northwest ISD has gone up and down - but are actually collecting $350 LESS than in 2005, and we can see the structures to compliment these tax dollars right here; the Town of Trophy Club taxes have increased by $177 over 2005 and is now nearly 22% of my total tax bill versus 16.5% in '05. And, the Trophy Club MUD #1 rate has DECREASED consistently every year and the monies collected TCMUD No. 1 140 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 6 are now $71 less than 5 years ago. The new rate is a drop of over 9% versus a year ago and, if I resided in the area of the former MUD 2, the rate would have dropped approximately 18% for ‘09 from the previous year, with the consolidation of the MUD districts, I believe. And let me clarify this - I do believe, I understand, un like Trophy Club, most municipalities have other means of generating revenues in addition to property taxes, such as through water & sewer rates - much like the revenues generated from our storm water sewer fees. But my comments do not pertain to this tonight. On my tax statements, it is clear that even when the Town's tax rate was unchanged, due to evaluation increases in home values, tax dollars grew. And apparently, so did the Town's expenditures. Where has the money gone? To additional employees, increased legal fees, more vehicles, higher day to day operational costs, and the like? No doubt, we can see park development, but very little retail space expansion, if any. How much is too much to spend on park lands and operations for a community the size of ours, when revenues are limited almost solely to home property values? Is it time to re-consider park "user" fees? Our Home Rule form of government empowers a Town Manager to run the day to day operations and often I hear council refer to the position as the CEO of Trophy Club. However, the Town's Manager cannot be held solely accountable for the Towns expanded expenses because each of you are the elected gatekeepers of the tax monies collected. The tax rate and dollars collected by the MUDS suggest sound fiscal responsibility on the part of the Directors to date. And, certainly the choice of the citizens to down size 3 MUD entities into one MUD, helped reduce the 2009 MUD rates, but also suggest support of this organization and its operational cost history on behalf of tax payers. PLEASE be sure, as both of you work on budgets for 2010 and 2011, that you look for ways to hold down costs rather than ways to give away collectible tax dollars, expand staff, add more vehicles, generate legal fees, increase park expenditures and the like. Make no mistake, I like parks and enjoy our beautiful community. BUT, I hear from other citizens who, like myself, want and EXPECT all of you to seek ways to spend less, even if it means sharing staff, or reducing staff by out sourcing services rather than growing employee head count. Frankly, some of our residents have actually experienced these types of cut backs in their own lives and know it is painful, but also necessary in tough times. We are fortunate to be a part of 3 very fine adjoining communities and yet each unique in our own ways. Shared services could generate real tax dollar savings if we could ever get past who has the most employees, vehicles, or the highest overhead as a measurement of success. It has worked in the past. What does it matter if there is a "tri-community" police department protecting all of us or a regional parks board overseeing facilities, including the use of an existing community center, with shared costs spread over 2 or more communities with a 3-4 mile radius? Trophy Club has approximately 8% of retail space available, but we all spend money in Roanoke and contribute to their sale tax revenues; and many residents work in Westlake, as well as Roanoke. Wouldn't it have been more prudent if we had renamed Marshall Creek Park something to reflect a regional park that all 3 towns could have embraced, helped plan and contribute toward its development and continual operation? After all, numerous people from surrounding communities regularly use these amenities too. Take a page from the postal service - one building and one staff serving all three communities - without delivery delays. Who needs another government facility like the one 2 miles down the road? We need all of you to look outside the box together for ways to achieve less spending, thus less taxation now and in the future. Let's not wait until it is too little, too late, or another decision is made costing citizens more for some time to come. I do thank and sincerely appreciate each of your time and talents you provide our community. But after all, isn't that what you signed on for when you ran to be an elected official? Thank you. Town Manager Emmons read a letter from Councilmember Edstrom. 10. Receive report from the SEMO (Shared Employees MUD Organization) Committee, Town Manager to provide information regarding Service Provider, discussion regarding the same. 2010-01-M1 TCMUD No. 1 141 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 7 Director Hase advised the SEMO Committee consisted of himself, Jim Thomas, Dean Henry, Kevin Carr. Hase then read to all present the memo entitled Committee Report. Carr also went over Chart No. 1 – Apples to Apples Comparison, as well as Chart No. 2 and addressed questions from Council. Mayor White offered a PowerPoint presentation entitled, Impact of the SEMO Committee Options on the Residents of Trophy Club. Wanted to reduce the government, benefit to the residents by sharing employees, could pay some of the administrative costs. Take the time before we do anything on both sides understanding all of the implications. How do we deal with remaining shared employees? Leaving IS and Fire/EMS, how is that going to work? When its two different entities, reporting. Financial impact on citizens, switching from water/ww revenue to tax base revenues. Even though it wasn’t always 50/50; town still will need a HR person, although maybe not 100%. Mayor White stated the employee costs should MUD 1 separate would cost the Town $291,798 with MUDs saving of $135,798. Director Budarf asked if we take our finance out, would you still need four employees for Town’s Finance Department. Town Manager Emmons replied that the Town would have three employees; as the Town is budgeted for five and currently have four and with the separation, we would have three. Mayor White stated that these are functions and skill sets that the Town needs. Mayor White feels there are some areas where it might make sense to make that separation and there are some areas where it doesn’t; and that’s part of what I would like us to talk about further. Director Cantrell asked Town Manager Emmons if a water-wastewater system should be a profit center. The MUDs run it as an enterprise on both sides of it and try to break even, and Mayor White is aware of our operating procedure. Mayor White stated that it is a cost-sharing center. When you have a Water Department under a City, some portion of that City core staff is covered by the water department, some portion of it covered by the street, everyone’s piece covers that main administration. The Town doesn’t have that opportunity. That’s why the MUDs have said it made sense for us to contribute because we were able to. Town Manager Emmons added that in almost all cities, when you examine their books a portion of the administrative overhead for operating or running the entire system is recouped in the cost of the water and wastewater systems. Director Thomas advised that the shared employees system is broken. Mayor White stated every single year we have been behind during the audit, every year for as long as I can remember we have been behind on Financials in October – November while they were doing the audits. Director Hase addressed the finance problems when someone is sick or retires, isn’t that an indicator that maybe this Town and MUD even combined is too small to sustain their own finance organization. Hase suggested the Town also look at outsourcing the Finance department, as the problems with Finance continue. Director Twomey stated the MUDs offered to pay for a full-time Finance Person, total MUD, and TCMUD No. 1 142 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 8 were told it wasn’t necessary. We continue to suffer by not getting our financial statements in a timely manner. There was no effort to bring in any temporary help to take up the slack. The large financial firm we’re looking at has stated that they will have our financials seven to ten days after month end, and when it comes to audit time, they will prepare the financial statements to be submitted to the auditors, which has been the exception for years on most of our audit reports. The MUDs are trying to think out of the box, how to save money for the taxpayers and rate payers. If you look in columns, there’s a 3 to 5% decrease in the rate order. On Town side, you could look at working on joint agreements with surrounding municipalities. Town Manager Emmons commented that he appreciates comments that MUD 1 is trying to run a business, as lean as you can; however, one of the things we may be losing sight of is the MUD is a business but it is also government, and is here to provide a public service to its residents. Emmons thinks MUD 1 is looking too much at the bottom line as opposed to quality public service for our residents. He understands going out for financial services, but even in your proposal, the MUDs still have one employee that’s responsible for the daily input to get that info to the Finance Dept, to make this scenario function properly. We’ve experienced some issues with health issues or vacancies in positions but what happens if that one employee is out sick, or on vacation, etc, there’s a situation where you have to bring in a temporary employee in for a week or two weeks or you forgo input of that data, and the bills are delayed for two weeks. Under our current situation, we do have a little bit of a back up, unfortunately when we have two people out and we have other duties that we have to take care of, some of the processes take center stage to the reporting procedures. So, in order to keep our business running, we concentrate on the daily activities first and the reporting second. In the situation the MUDs present, you have just the opposite. Emmons addressed Thomas’ comments that shared employees worked at one time, but does not work today. There are a couple different factors that may lead to that impression. First and foremost, Emmons admitted there is lack of direction. There are conflicting, different directions between town and mud managers. There is prevailing idea that the funding is not secure for their position. Emmons referenced back to the information provided by SEMO Committee with a chart showing shared employees in 2000- 2001, and a chart showing shared employees for today and tomorrow. These charts show how the Town has continually shifted away from funding from the MUD to the Town. In 2000-2001, we had a Building Inspector that was a position that was shared between the MUD and the Town. Today, that Building Inspector is 100% funded by the Town. We had a P&Z Coordinator, that was shared in 2000-2001. Today, the P&Z Coordinator is paid 100% funded by the Town. We have Permitting / Customer Service Clerk – today, it is still shared. With this proposal, 100% paid by the Town. Public Works AA, Emmons stated he didn’t know who that was, so he would skip it. (Position was held by MUD Secretary Mary Moore, now a 100% MUD Employee). Code Enforcement Officer was shared in 2000-2001; today, that position is paid 100% by the Town. We have a Town Secretary shared in 2000-2001; today, the proposal is for that position to be 100% paid by the Town. Records Manager shared in 2000-2001; now it is a 100% fully funded Town employee. Emmons feels that in order to efficiently operate the Finance Department and the Town Secretary, those positions have to be available. Emmons shared that the shared employees fear that their position may not be funded in the future. Director Thomas stated that Emmons stated a good point regarding shared employees, more reason to eliminate the shared employee concept so employees no longer worry about being funded. Mayor White replied there are other possibilities as well as looking at all the implications. White wants to look at all the options, like contracting with MUDs for HR Services. Director Carr stated the MUDs are obligated to the taxpayers and our customers to run an efficient business and try and save money. TCMUD No. 1 143 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 9 Director Hase commented that the proposed split is not any kind of detriment against working together. We still can work together on all kinds of things and we do. The desire on the part of the MUDs to do their own support system is like any business that wants to have control of their support personnel. How would the Town like to come to Robert for Financial information? They would not. That’s about how it works on the other side. It’s not a very desirable situation. It’s pretty desirable on the Town side because they have control of it; however, it’s not a very desirable situation for the MUD side. Director Budarf stated that the MUDs used to inspect plumbing, and the Town took that function over, but yet we kept paying for half the Building Inspector. Town Manager Emmons replied that the Town Secretary is in the process of helping the MUD Secretary through the election process this year for the first time; there’s a benefit there. Our Permitting Department; each water account, each new home that comes in, our Permitting Department is the first point of contact and arranges all of the information to set up the utility billing with the billing department. District Manager Scott stated that Ron (Permitting) is sending that over to Dana (Utility Billing) now. Director Budarf reminded Emmons that the MUDs pick up 100% of the costs for Fire Station and will continue to do that. Town Manager Emmons stated there are many benefits that the Town is giving to the MUD that the Board may not be aware of; i.e., grant services. Town is working on replacing the complete HVAC system in the Svore Building at a cost of $42,000 of Federal money that the Town applied for a grant for the MUDs. Mayor White stated that one of the points she and Emmons are trying to make is that there are a lot of open questions and potential impacts, and we need to take the time to work through. Director Cantrell reminded everyone of the saving in hard dollars in auditing expenses; we’re going from $40,000 to $17,500. Mayor White stated the Town is planning on doing an analysis of its employees and their positions. Town Manager Emmons stated that he is interested in offering a service contract to the MUD for employee services. Mayor White explained that the $51,500 Insurance has to do with the fact that with the increased cost of medical insurance. Town Manager Emmons stated that he did have contact with their insurance broker. This $51,500 is based his quote for the exact same policy we have today. In addition to that $51,500, the quote that he provided to us today also included approximately $1,000 per employee migrated over into small plan. When asked whether we would be allowed to purchase insurance through him as Trophy Club Entities, MUDs small plan and Town plan, and combine that into one large plan, the insurance broker stated that was not possible. Blue Cross/Blue Shield would cover it as two entities. The reason we can do this today is the Employee Services Agreement that’s in place that states that all the employees are Town employees and we purchase the insurance as the Town of Trophy Club to provide for those TCMUD No. 1 144 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 10 employees. Based on the information received, by calling it Trophy Club Entities, would not give us the ability to aggregate two separate entities into one for purchasing insurance. Director Budarf asked if the $51,500 is the increase in the insurance. Town Manager Emmons stated that is the increase. The total increase for the exact same policy as we have today is over $67,000; and based on the family plans that we have, we have a percentage that we pay and there’s a percentage that the employee pays. Based on the increases, that percentage would stay the same; but the amount goes up, and that’s approximately $15,000 in addition to the $51,500. Mayor White stated that as of right now, Solana is paying almost 15% of the fixed costs portion of our revenue. Director Carr asked how that is different than the PID tax money going back into the Town and not the MUDs. Director Budarf clarified that the shared employees are Town employees, and the MUDs are just paying 50% of the salaries; that’s what we are talking about. The term “shared employees” is strictly payroll. Mayor White stated there are too many open questions. White agrees there are many issues that need to be fixed; not just tear it apart. Director Budarf stated that no changes would be made until end of September 2010. Mayor White stated that she does not know what the answer is, but feels that we need to find a way to work towards getting to a clear, common understanding. Councilmember Sterling stated that we get involved in an “us versus them” mentality. The Town versus the MUD and the MUD versus the Town. At the end of the day, minus the portion that Solana picks up, we’re all paying or saving. We need to ask what the final cost is going to be. MUDs may not need for Permit Clerk, so all of the costs, as citizens, go up. Director Hase stated if you have a full-time permitting clerk, either you don’t need all of him or he has a full time job with the Town. Councilmember Sterling stated the Town has a need for a permitting clerk. Sterling understands you can’t physically answer to two bosses. We’ve had that problem for years; we’re still having that same problem. Sterling agrees that if you only have one boss, you can be much more efficient, you’re not split. What the Town means by “shared employees” is just shared cost; plain and simple. Maybe we should rename them shared-cost employees. Sterling clearly understands that from a MUD’s standpoint, the desire to get rid of that position, because it’s outflow; it’s not cost neutral. However, at the end of the day, we’re all still paying for that position, but now we’re paying more for that position because we lose the cost benefit of Solana. Sterling believes we need to think more macro economically, rather, than this is Town and this is MUD. Director Carr asked who is financially responsible for that 100% person if they are on the Town side. Councilmember Sterling stated the Town. TCMUD No. 1 145 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 11 Director Carr advised that the MUDs, through the SEMO Committee, showed a cost savings by running our own operation by eliminating unneeded positions. Carr believes that Town should look at streamlining their employees or look to find a savings on the Town side. Director Hase commented that we pay for half of the Permitting Clerk but do not receive any benefit because we have Solana. MUDs do not get the money for the Permitting Clerk from Solana taxes; we get it from the Water Rates. If Town shifts half of that cost to us, we have to raise the water rates by half an employee. Director Budarf stated that the Town receives a benefit from the PID. Director Twomey stated that the SEMO Committee is a catalyst. For years shared employees have been status quo, every year, it just keeps going, and no one looks at what is the benefit of going forward. SEMO is looking at contracting out; there are a lot of people that are affected by outsourcing. As an entity, is it cheaper for the owners of the MUD and the taxpayers of the Town, if we start looking at doing some outsourcing or do we just go with status quo? MUDs don’t see Town working on anything like this. A few months ago, the MUDs looked at EMS. If MUDs were to run EMS, the tax rate for the Town would go down seven cents ($0.07), while MUD side would go up five cents ($0.05), resulting in a two cents ($0.02) savings. This concept has not been discussed on the Town Council side. The MUD Board is looking at cost efficiencies, keeping water rates low, and lowering the tax rate. Twomey stated that he would have preferred the last side of the Town’s presentation project out a five-year scenario versus just showing one year. Town Manager Emmons stated that he keeps hearing the same terminology; cheap, least expensive; should be looking at best service to the citizens. Emmons stated that there are cheaper ways to do Police Services, cheaper to have County come in and service town. Emmons feels that is not best for our residents. Emmons stated that MUDs may not get the same benefit out of the permitting clerk as they might someone else. However, the Town is not saying that the MUDs should pay for the Building Inspector, as the MUDs receive a benefit from the Building Inspector. Town makes sure the homes are constructed appropriately and to code, which, a properly constructed home retains its value. The homes constructed in the MUD will retain their value longer if they built properly. There’s a benefit to the MUD for that. The Building Inspector is also Plumbing Inspector. One of the most critical positions in an operation is to ensuring the safety of our residents; that’s what our plumbing inspector does by ensuring that the proper infrastructure that is installed in the home that tie into the MUD water and sewer system. The Town does that before that meter is set by Robert’s staff. Town makes sure it is safe. That’s a benefit to the MUD that is not compensated back to the Town. Director Budarf verified that the Town receives money for its inspections. Town Manager Emmons agreed that it is cost neutral. Councilmember Rose stated penny smart, pound foolish. Rose commented on the MUDs not being able to get reports, and then finds out that the Finance Department is operating pencil and paper ledger, plus trying to get three different finance systems integrated; and about errors going back to 2000 and 2005. Rose admits there’s been a problem all along. Rose looked at the size of the Town’s Finance Department and surveyed 41 cities, ranging in size from 4,000 to 24,000 in population and determined that our Finance Department was critically undermanned with poor equipment. Of the 41 cities Rose surveyed, only one city contracted out for finance services. Rose believes by only one city contracting out finance that that it may not be the most efficient, the most effective or wisest way to go. Rose went to back to basic presentation, really not apples-to-apples comparison. Under contract for services for Finance, Town listed 38 items TCMUD No. 1 146 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 12 in their proposal, CPA firm listed 16 items in their proposal. Rose stated that when he received the SEMO presentation, he sent off a request for a work-load analysis for the shared employees. Rose was told that it hadn’t been done. Rose stated that we have talked about cost but we haven’t talked about workload. Rose gave an example of the Permit Clerk having 100% of time with 98% of time going to Town and 2% of time going to MUD with each entity paying 50% of Permit Clerk’s salary. If MUDs take 2% away and doesn’t fund the permit clerk, Town still needs this employee, and now must fund permit clerk at 100%. If Town is paying 50% and MUD is paying 50%, Town folks with 23% kicker from Solana, that goes away. The Town has to pick it all up, but the MUDs can pick up that 2%. If you take that 25% factor and go to an outside firm and hire another employee to do that, the Town is going to pay the 100% and the residents are going to pay the additional for that other employee, so costs have to go up. Rose stated he is huge proponent of efficient, effective results. Rose thinks the answer is to get together and come up with a good, valid contract for services from the MUD; that the MUD can set standards that you expect in that contract for services and hold the Town to it. As far as that 20%, Rose would love MUDs to pay Town a very large premium for those services, because the larger premium you pay to the Town for those services; the greater the impact of that 23%. Director Hase asked Rose how he felt about the MUDs taking over Finance, HR and Permitting, and we will give you a firm price contract? How would Town like that arrangement? Council Rose answered that we should put that on the table for another meeting and see how that plays out. Director Hase stated that what you would find that you would not be very satisfied getting somebody else to do your work and you try to write down everything you want done, but it is hard to get everything. Hase asked if you have your own business, would you want someone else doing your accounting, your HR, and you have to plead with them to get information. Hase believes we will have more control with the CPA Firm, as many other firms are happy with their services. Director Carr asked that if you have a business and someone pays you to do their business, if that portion of the business goes away, do you keep paying that employee or do you do a reduction? Councilmember Rose stated that it would depend upon the service and the job description that the employee had and an evaluation would need to be done. Director Thomas asked Council if they have ever had any discussions at any time in any council meeting about outsourcing anything. Councilmember Rose said yes. Director Thomas stated that if the MUDs were to include EMS into the equation, have Solana pay for EMS, it would save the taxpayers money. Councilmember Rose stated that Council has had discussions, and Rose has said more than once, that the most cost-efficient way for the residents of this Town to receive full value for their dollar is to maximize Solana. If the MUDs had the responsibility for the Parks and Recreation Department and turned around and put it back on the Town for contract for services, there would be a 23% additional benefit because of the additional water revenue coming from Solana. These are all ideas that we need to sit around the table and talk about. What can you do for cost of services, and allow the Town to capitalize on water revenue. TCMUD No. 1 147 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 13 Director Thomas reminded Rose that we offer no benefit to Solana with regard to parks. MUDs offering EMS services to Solana are a benefit. Director Hase stated that the finances were not the driving force regarding shared employees. Hase stated they work in an unpleasant atmosphere, they have two bosses. Hase feels an obligation to give our employees a pleasant atmosphere to work in and not create an unpleasant atmosphere. Hase is more concerned that the employees work in an unpleasant atmosphere than he is with the finances. Councilmember Strother agrees with Hase’s comments and believes there is a lot of added stress; however, he believes there are other solutions than just breaking apart, although he believes it will take time to work through. Strother commended the MUD Board for starting the SEMO committee and the work they have done, and for getting out of the box, as he feels these are certainly things we need to talk about. Strother stated at the end of the day, we’re all together at end of day. All of us pay taxes, there’s one dollar, whether it’s a city or mud tax, at the end of the day its all taxes and we all pay them. Strother’s goal is operate that as efficiently maintaining the level of service that the residents expect at the least amount of dollars. Working together, in Strother’s opinion, is the way to do it. Strother is a little discouraged by hearing “us” and “them.” We’re all together here. Strother believes we need to look at as a unit of one, not as a combined source. If we can do that in an open-minded process, and not go back to each other’s turf and look at the common goal of what is best for the residents, that’s who is paying for everything here. Strother believes we can get to an economical solution. Strother feels that there’s still a lot fine tuning to be done. Strother stated that if we get away from a shared-cost piece, there’s going to be an added cost on the Town side, so you need to add that back in on the Town savings, and if the two together still end up with a net savings dollars, then certainly that’s where we need to go. Councilmember Sterling answered the outsource questions, stating that Town has looked into outsourcing Streets and Building Inspectors. Part of what has plagued Council regarding the idea of outsourcing is quality control, continuity, convenience and promptness of service. Town Manager Emmons stated that this is about serving our community, and we have looked at outsourcing. We have employees who are tired of having their position looked over and over again. It always comes back to the quality of service versus price, sometimes the cost is more but it’s a trade off. One specific example is during our budget workshop last year, Emmons looked at the costs associated with the Inspections Department, looked at the number of inspections conducted, projected out total number of inspections for year; got a couple costs averaged for costs based on private inspecting firms, on the number of our projected homes. The projected costs was about 49 homes less than what we actually constructed, the total cost using an outside source averaged $183,326 based on 150 inspections. Town did 194 new home starts last year, in-house inspections cost $90,000 to operate; over $100,000 savings to the residents. There’s a cost to superior service but we have to remind ourselves that government is a service agency. Councilmember Wilson commented that there are some disingenuous statements being made with regards to our argument. We’re asking the MUDs on the behalf of the taxpayers to do something that we’re collectively one; we all serve one and so forth. It’s a lovely argument, however, I don’t get that feeling when I deliver my liaison report to my council as to what they’ve discussed, and it comes up about EMS; no, we’re not doing that. Okay, and that’s fine, if that’s how we want to govern from our end. But I think it is very disingenuous for us to sit in here and tell them that they are not thinking of what is best for our collective taxpayers, when we repeatedly don’t express that high notion ourselves. In past budget workshops, I think we need to examine various employees and consolidation and cost savings and what is the service that TCMUD No. 1 148 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 14 is being delivered to the taxpayers with the cost analysis. I have not been met with any reception of us doing that because we have Council-Manager form of government, and our Manager makes those decisions, so therefore, end of discussion, and again; that’s okay, but when we’re arguing on behalf of our collective taxpayers that the MUD Board needs to govern their finances in a way, that is presented, again disingenuously, I don’t know what it is you want me to say. For years, I’ve seen both sides, before I sat on Council, in budget sessions, they’re not getting their 50% from the employee, and we aren’t really concerned with that, but we surely want them to give us the money. The benefit of sitting in both meetings on a regular basis, this Council snipes about the MUDs constantly, all the time; we can’t ever bring up MUD business without a snipe. Yet, we want them to entrust all of their business, their productivity, their employees to us, because that’s what’s best for the taxpayers. And I agree, I feel for our employees. They don’t know who to answer to, they don’t know who they are allowed to be seen talking to, I feel that way too when I walk into this office, I don’t know who I can talk to, because it can have a reverberating effect, but I don’t think, talking sheer numbers, and that’s why I think it’s very important for us to continue a frank workshop. We need to talk about trust levels, and if we’re going to say collectively what is best for the taxpayers, that goes for us as well. I’m not popular for my opinions, and that’s okay. It sounds really great, on behalf of xyz and I’m a taxpayer, and I want to do what is right for me as a taxpayer. Well, I’m a taxpayer, too, and I think there is so much aggregate nonsense at the top. Sounds great to argue for wanting to make it more efficient, dollar for dollar for the taxpayers, but we’re not talking about the problems at the top, and all I know is; they’ve paid and it’s not, they’re bad and we’re good. They’re paying 50% for services they haven’t received. I didn’t even know what we were going to be talking until I asked for a copy of this, and I reported on January 4th that they wanted us to get involved and start talking about these things, and I asked my Council if they wanted a copy of the SEMO report, and they replied, not really. How are we being genuine, in what they are arguing with their research and what we’re preaching for them to do? We have expenses upon expenses upon expenses, and yes we want them to kick in, and stayed kicked in, but I think we have to legitimize our own expenses before we ask them to let us run theirs, as Kathleen Wilson, 34 Meadowbrook, taxpayer for both entities. Councilmember Rose asked to go to Attachment 1D, page 67, full-time accountant. On that report, it says full time accountant $82,741, you roll back to Chart 1, that number is $45,000. Mayor White stated the next item on the agenda is to set a date for meeting for Saturday, February 6, from 9:00 a.m. to 12:00 p.m. Director Budarf asked for input from the Board. Budarf believes it is worth discussing. It’s important for the MUDs to do their due diligence, and this is part of it. In favor of it. Director Henry stated there is an open mind, that’s all we need, as long as you’re willing to try to come to find an answer. Director Hase agreed with Director’s Henry. Director Carr stated he would appreciate getting charts before the meeting; and asked the Board and Council to come to the meeting with a mindset to solve the issue at the meeting. Mayor White asked if anyone has any specific questions to forward those questions as soon as possible, so that we can prepare. Director Twomey stated there is an impact on the Town, on the citizens, and a definite impact on employees, given all those issues, this is our first joint meeting. The only reason we’re having this meeting is due to SEMO looking outside of the box, and Council realizing they might TCMUD No. 1 149 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 15 have to take a hard look at their financials. There is an attitude that we’re the bad guys in some people’s minds, but we’re also the only ones that are cutting taxes, we’re running an efficient operation, and we’re tired of being put out like that. We cut our taxes this year and saved the taxpayers $386.000, We’re going to be cutting taxes down until we get down to the single pennies, in the next three or four years. Our water operation is run efficiently. It’s not there to make profit; it’s not there to pass on money to some other entity; it’s to keep the water rates low. The only thing we do is build up a little reserve just in case we have rainy summers, when they say “rainy day fund”, they mean it. If we’re going to go in there with an open honest attitude, let’s put everything on the table, because if we’re going to come in there and you’re going to throw charts up there that aren’t meaningful, then you’re wasting all of our time, and the taxpayers’ time, bottom line, if you’re going to be honest, let’s meet, if not, there’s no point. Director Fair advised that there’s been a lot of constructive discussions, and thinks of himself first as a resident citizen. Fair is optimistic that we are all of good heart, that we all have the right mission the right outcome, and is for the meeting. Director Thomas is in favor of meeting. Thomas would like Robert and Brandon to bring numbers to the meeting regarding bringing EMS over to the MUDs. Director Cantrell suggested that only elected officials meet. Director Kohs stated he is in favor of open dialogue. a. TCMUD 1 to take appropriate action regarding same. Board took no action. Action: Discussion only. JS2 Set Next Joint Meeting Date for Saturday, February 6, 2010, 9:00 a.m. – 12:00 p.m. and select the venue. a. TCMUD 1 to take appropriate action regarding same. Board agreed to meet without the attorneys on Saturday, February 6, 2010, 9:00 a.m. – 12:00 p.m. b. Town Council to take appropriate action regarding same. Council took no action. Action: Discussion only. JS3 Town Council to Adjourn Town Council recessed at 9:40 pm RECONVENE INTO SPECIAL SESSION The Board reconvened into Special Session 9:42 p.m. Adjourn. Meeting adjourned at 9:45 p.m. ___________________________ _____________________________ TCMUD No. 1 150 of 160 16 Feb 2010 TCMUD No. 1 Special Session Minutes – January 25, 2010 16 DEAN HENRY, Joint President JIM BUDARF, Joint President TCMUD No. 1 TCMUD No. 1 ATTEST: ____________________________ ______________________________ JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary TCMUD No. 1 TCMUD No. 1 ____________________________ MARY MOORE (Seal) MUD Secretary TCMUD No. 1 151 of 160 16 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-17-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:1/13/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:1/19/2010 Title:Set Next Meeting Date a. Regular Session: Tuesday, March 16, 2010, 6:00 p.m. Attachments:March 2010 Calendar.pdf Action ByDate Action ResultVer. TCMUD No. 1 152 of 160 16 Feb 2010 12010-17-M1 Version:File #: Title Set Next Meeting Date a. Regular Session: Tuesday, March 16, 2010, 6:00 p.m. TCMUD No. 1 153 of 160 16 Feb 2010 12/9/2010 11:08 AMMary MooreSMTWT F S1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31March 2010SMTWT F S1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30April 2010March 2010MondayTuesdayWednesdayThursdayFridaySat/SunMarch 126:00amRepublican Party Primary Election (Svore Municipal 9:00amStaff Meetings (SvoreMunicipal Building Board Room)7:00pmParks & Recreation Board (Svore Muni310:00amChair Massage (PS Conference Room)48:00amTraining - Identity Theft (Svore Building )7:00pmP&Z Commission (Council Chambers)56786:30pmEDC B (PS Conference Room)7:00pmMOVED - Council (MUD Bd Rm)96:30pmTree Board (PS Conference Room)101112131415169:00amStaff Meetings (SvoreMunicipal Building Board Room)6:00pmTCMUD No.1 Meeting(Svore Municipal Buildling Board Room7:00pmTrophy Club Park SubCommittee (PS Confe1710:00amEAC (PS Conference Room)12:00pmCOURT (Svore Municipal Building Boardroom)187:00pmP&Z Commission (Council Chambers)192021226:30pmEDC A (PS Conference Room)7:00pmMOVED - Council (MUD Bd Rm)234:00pmTBD - ZBA (Svore Municipal Buildling Board Room)7:00pmCitizens Police Academy Alumni (Internal) (Police Dept. Training Room)24256:00pm Public Safety Advisory Committee (Internal) (Police Dept. Training Room)7:00pmTCWC (PS Conference Room)262728293031TCMUD No. 1154 of 16016 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-18-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:1/13/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:1/19/2010 Title:Review Monthly Tax Collection Report a. January 2010 Attachments:January Tax Collection Report.pdf Action ByDate Action ResultVer. TCMUD No. 1 155 of 160 16 Feb 2010 12010-18-M1 Version:File #: Title Review Monthly Tax Collection Report a. January 2010 Body Per Denton County Tax Office, we will continue to get reports for MUD 1 and MUD 2 until December 2010. TCMUD No. 1 156 of 160 16 Feb 2010 TCMUD No. 1157 of 16016 Feb 2010 TCMUD No. 1158 of 16016 Feb 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-19-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:1/13/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:1/19/2010 Title:Items for Future Agendas a. MUD 1's water contract with City of Fort Worth b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank c. Water Study (Twomey) d. Disaster Planning e. Creation of TCMUD1 website (09-115-M1) f. Agreement between TCMUD1 and the Trophy Club Country Club (TCCC) for the use of a portion of TCCC's parking lot. g. Fire Station Committee Attachments: Action ByDate Action ResultVer. TCMUD No. 1 159 of 160 16 Feb 2010 12010-19-M1 Version:File #: Title Items for Future Agendas a. MUD 1's water contract with City of Fort Worth b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank c. Water Study (Twomey) d. Disaster Planning e. Creation of TCMUD1 website (09-115-M1) f. Agreement between TCMUD1 and the Trophy Club Country Club (TCCC) for the use of a portion of TCCC's parking lot. g. Fire Station Committee TCMUD No. 1 160 of 160 16 Feb 2010