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HomeMy WebLinkAboutNovember 11, 2004 Regular Session BackupTown of Trophy Club Municipal Utility District No.1 Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, November 11, 2004 5:30 P.M. A.1 Call to order and announce a quorum. A.2 Public comments or presentations. B.1 Discuss and take appropriate action to fill by appointment the existing vacancy on the Board of Directors, and to have said appointee execute the Oath of Office and Bond. Even though the appointment is made on Thursday, and the appointee sworn in, he may join in discussion of matters but may not vote on matters requiring action, pending the execution of his bond and its being filed with Austin. C.1 Receive District Manager's Report · Items to be placed on future agendas C.2 Review and Approve Minutes a. October 12, 2004 - Regular Session Minutes C.3 Review Monthly Tax Collection Report E.1 Set Next Meeting Date a. Tuesday, December 14, 2004 OR b. Tuesday, January 18, 2005 F.1 Adjourn. MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 11-11-2004 Subject: Agenda Item No.A.1 Call to order and announce a quorum. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 11-11-2004 Subject: Agenda Item No.A.2 Public comments or presentations. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 11-11-2004 Subject: Agenda Item No.C.1 Receive District Manager's Report · Items to be placed on future agendas (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 11-11-2004 Subject: Agenda Item No.C.2 Review and Approve Minutes a. October 12, 2004 - Regular Session Minutes Attachments: 1. October 12, 2004, Regular Session Minutes MINUTES OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 October 12, 2004 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Tarrant and Denton Counties met in Regular Session on Tuesday, October 12, 2004, at 6:00 p.m., in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Dean Henry President Ted Neidenberger Vice President Connie White Secretary/Treasurer Jim Hase Asst. Secretary/Treasurer STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Roger Unger Finance Director Mary Moore Recording Secretary Bob West MUD 1 Attorney Arrived at 6:50 p.m. CALL MEETING TO ORDER President Henry announced a quorum and called the meeting to order at 6:45 p.m. PUBLIC COMMENTS OR PRESENTATIONS No report. DISCUSS AND TAKE APPROPRIATE ACTION CONCERNING FUTURE PUBLIC USE OF THE MUNICIPAL BUILDING Beth Ann Gregory stated that with the recent improvements to the Boardroom, concerns were raised regarding continuing to make the room available to the public. Beth Ann Gregory added that when the new building is completed, a meeting room would be available for public use. However, completion of the new building is not expected until late summer of 2005. In the interim, it has been suggested that the public could use the foyer. President Henry questioned if the foyer area would be large enough. Beth Ann Gregory stated that the foyer is not a perfect solution; however, the local churches have continually offered their facilities as well as the Tom Thumb store. In the interim, the foyer is our best alternative. If needed, the public would need to bring table and chairs. The Board reached a consensus that until the new building is constructed and a meeting room is available, the public will use the foyer to handle their affairs. No action taken. DISCUSS AND TAKE APPROPRIATE ACTION REGARDING AMENDMENT OF THE 2004-2005 RATE ORDER 2004-0901 District Manager Fitzpatrick went over the amendments to the Rate Order, and advised of one additional change, which is to delete the words “exclusive use and” from Section 2.01, Paragraph 6, fifth sentence. Mary Moore also advised that the number for the Rate Order would change from 2004-0901 to 2004- 1012. Director Neidenberger moved to approve the amendments to the 2004-2005 Rate Order 2004-1012, with changes. Director White seconded the motion. Motion carried unanimously. DISCUSS AND TAKE APPROPRIATE ACTION CONCERNING THE RESIGNATION OF WESLEY WAYNE OBERMEIER AS DIRECTOR OF MUD 1, AND REPLACEMENT OF SAID VACANCY President Henry asked for a motion to accept the resignation of Wesley Wayne Obermeier. Director White moved to accept the resignation of Wesley Wayne Obermeier. Director Neidenberger seconded the motion. Motion carried unanimously. With regard to filling the vacancy, President Henry advised the Board had received resumes from Neal Twomey and Gary Cantrell, both of whom were in attendance. President Henry asked for comments and both Gary Cantrell and Neal Twomey addressed the Board, providing a brief background and answered the Board’s questions. No further action taken. DISCUSS AND TAKE APPROPRIATE ACTION REGARDING INSTRUCTING MUD ATTORNEYS IN THE DEFENSE OF PENDING LITIGATION; PERFECTION HOMES, INC. AND MARK CARR V. TOWN OF TROPHY CLUB, ET AL, CAUSE NO. 2003-50345-367, PENDING IN THE 367TH JUDICIAL DISTRICT COURT OF DENTON COUNTY Attorney West provided the Board with a background for the lawsuit, adding that his office will file an answer this coming Monday on behalf of MUD 1 and MUD 2, with Pam Liston assisting. The trial is tentatively set for December. District Manager Fitzpatrick stated he has forwarded a letter to Earl Lott at TCEQ regarding the statutory requirement. Discussion only, no action taken. RECEIVE DISTRICT MANAGER'S REPORT a. Condition of UV Permit b. Departure of Deborah Howard c. CAPP Resolution on Master District agenda d. Ralph Rampellini termination- meeting with family e. Items to be placed on future agendas District Manager Fitzpatrick updated the Board and addressed the Board’s questions. REVIEW AND APPROVE: A. September 1, 2004 - Regular Session-Public Hearing minutes B. September 9, 2004 - Special Meeting minutes Director Neidenberger moved to approve the September 1 and September 9, 2004 minutes as presented. Director White seconded; motion carried unanimously. REVIEW AND APPROVE DISBURSEMENTS (Sent electronically.) A. August 2004 B. September 2004 Director Neidenberger moved to approve the September 2004 disbursements. Director Hase seconded the motion; motion carried unanimously. Director Hase moved to approve the August 2004 disbursements. Director Neidenberger seconded the motion; motion carried unanimously. REVIEW MONTHLY TAX COLLECTION REPORT The monthly tax collection report was discussed and reviewed with no action taken. SET NEXT MEETING DATE(S) - Next regularly scheduled meeting date: Tuesday, December 14, 2004 - 6:00 p.m. The Board agreed to hold their next meeting on Tuesday, November 9, 2004, at 6:45 p.m. Board to convene into Closed Session Board agreed that at this time a Closed Session was not necessary. CLOSED SESSION CLOSED MEETING OF THE BOARD OF DIRECTORS IN ACCORDANCE WITH SECTION 551.071 TEX. GOV. CODE: ADJOURN INTO CLOSED MEETING FOR THE BOARD TO CONDUCT A PRIVATE CONSULTATION WITH ITS ATTORNEY TO SEEK THE ADVICE OF ITS ATTORNEY ABOUT PENDING LITIGATION -- Perfection Homes, Inc. and Mark Carr vs. Town of Trophy Club, Trophy Club MUD No. 1 and Trophy Club MUD No. 2, Cause No. 2003-50345-367 pending in the 367th District Court of Denton County, Texas Board to reconvene into Open - Regular Session REGULAR SESSION DISCUSS AND TAKE APPROPRIATE ACTION REGARDING DISCUSSIONS HELD IN CLOSED SESSION N/a ADJOURN Meeting adjourned at 7:48 p.m. __________________________________ Dean Henry, President (SEAL) ____________________________________ Constance S. White, Secretary/Treasurer ____________________________________ Mary Moore, Recording Secretary MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 11-11-2004 Subject: Agenda Item No.C.3 Review Monthly Tax Collection Report EXPLANATION: For review by the Board. Attachments: 1. September Tax Collection Report MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 11-11-2004 Subject: Agenda Item No.E.1 Set Next Meeting Date a. Tuesday, December 14, 2004 OR b. Tuesday, January 18, 2005 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 11-11-2004 Subject: Agenda Item No.F.1 Adjourn. (mm)