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HomeMy WebLinkAboutAugust 27, 2013 Regular MeetingTrophy Club Municipal Utility District No. 1 August 27, 2013 Regular Session Minutes REGULAR SESSION MINUTES FROM TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS August 27, 2013 at 7 P.M. Svore Municipal Building Boardroom The Trophy Club Municipal Utility District No. 1 Board of Directors, of Denton and Tarrant Counties, met in Regular Session on Tuesday, August 27, 2013 at 7:00 P.M., in the Boardroom of the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. The meeting was held within the boundaries of the District, and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § COUNTY OF TARRANT § DISTRICT BOARD MEMBERS PRESENT Jim Moss President Bill Armstrong Kevin Carr Nick Sanders Jim Thomas Vice President (arrived at 7:04 p.m.) Secretary/Treasurer Absent: STAFF PRESENT: Jennifer McKnight Laurie Slaght Renae Gonzales Terri Sisk Adrian Womack Karl Schlielig Danny Thomas Pam Liston Director Director District Manager District Secretary Finance Manager Human Resources Manager Utility Superintendent Wastewater Superintendent Fire Chief District Legal Counsel President Moss announced the date of August 27, 2013, called the meeting to order and announced a quorum present at 7:00 p.m. CITIZEN PRESENTATIONS Danny Mayer 2201 Prestwick Ave CONSENT AGENDA 1. Consider and take appropriate action to approve the consent Agenda. a. July 16, 2013 Regular Session Minutes b. July 24, 2013 Special Meeting Minutes c. July Check Register Motion made by Director Carr and seconded by Director Sanders to approve the consent agenda. Motion carried unanimously 1 of6 REGULAR SESSION Trophy Club Municipal Utility District No. 1 August 27, 2013 Regular Session Minutes 2. Consider and take appropriate action regarding the July 2013 financials. Motion made by Director Carr and seconded by Director Sanders to approve the July 2013 financials. Motion carried unanimously 3. Consider and take appropriate action to approve the lnterlocal Agreement with Denton County Sheriff's Department for Dispatch Services for fiscal year 2014 and authorize the District Manager to execute required documents. Motion made by Director Sanders and seconded by Director Carr to approve the lnterlocal Agreement with Denton County Sheriff's Department for Dispatch Services for fiscal year 2014 and authorize the District Manager to execute required documents. Motion carried unanimously 4. Consider and take appropriate action to approve Rate Order 2013-0827 amending Section 1.07 to increase the cost of a 1" meter to $343.00. Motion made by Director Carr and seconded by Director Thomas to approve Rate Order 2013-0827 amending Section 1.07 to increase the cost of a 1" meter to $343.00. Motion carried unanimously 5. Consider and take appropriate action regarding possible effect, liability, and/or exposure to the District related to Notice of Violation letter issued on August 8, 2013 to the Town of Trophy Club Public Improvement District by the Texas Commission on Environmental Quality and/or any fines that may result from alleged violations therein. Director Carr asked legal counsel if the District has any liability if fines are assessed to the Town for failure to register as a public water system. Attorney Liston stated she will research this and update the Board at a future meeting. At this point, she does not feel that the District would have any liability regarding fines assessed to the Town of Trophy Club. Discussion only 6. Consider and take appropriate action regarding District property remediation under police station to remove contaminated soil. Director Thomas expressed concern about possible contaminated soil under the police station. He stated the property is owned by the District and additional ground storage will be built on that site in the future. The Board gave direction to the District Manager to obtain the following information from the Town Manager and bring it back to the September meeting for review: 2 of6 Trophy Club Municipal Utility District No. 1 August 27, 2013 Regular Session Minutes a. Did the Town have an environmental engineer or other qualified agent determine if the soil was contaminated before filing a claim with TML? If so, provide a copy of the report. b. Has soil remediation occurred? If so, provide documentation regarding the remediation (what was done, by who, cost, etc.). c. Was soil testing done following the remediation? If so provide sample results. 7. Consider and take appropriate action to approve Order No. 2013-0827A, amending District Investment Policy. Motion made by Director Sanders and seconded by Director Carr to approve Order No. 2013-0827A, amending District Investment Policy. Motion carried unanimously 8. Consider and take appropriate action to create a Citizens Advisory Board and outline goals, objectives and timeline for initial completion. Motion made by Director Sanders and seconded by Director Carr to create a Citizens Advisory Committee to engage citizen participation and analysis of financial issues that will be considered by the Board and that directly impact customers of the District; the Citizens Advisory Committee will also provide feedback regarding particular policy initiatives that may affect the District. Qualifications are they must be a customer of the District and a registered voter of the District; the size of the committee will be a minimum of 6 members and serve until all tasks are completed. The Board will take applications and approve those members at a future meeting. Their initial task are to review the rate study and rate structure and make recommendations to the board, and provide financial review of a possible consolidation and/or dissolution of Trophy Club MUD 1 and make recommendation to the Board. The timeline for task no. 1 would be done within 30 days after appointment of committee members and the timeline for task no. 2 would be completed within 90 days after appointment of committee members. The District Manager and two directors will serve as resources to this committee but have no voting rights in the committee. District Manager McKnight asked the Board to consider the qualifications in the motion by Director Sanders. If approved as stated in the motion, this would exclude our commercial customer base. The first and second of the Motion agree to amend the motion as follows: Motion made by Director Sanders and seconded by Director Carr to create a Citizens Advisory Committee to engage citizen participation and analysis of financial issues that will be considered by the Board and that directly impact customers of the District; the Citizens Advisory Committee will also provide feedback regarding particular policy initiatives that may affect the District. Qualifications are they must be a customer of the District, recipient of water services or a registered voter of the District; the size of the committee will be a minimum of 6 members and serve until all tasks are completed. The Board will take applications and approve those members at a future meeting. Their initial task are to review the rate study and rate structure and make recommendations to the board, and provide financial review of a possible consolidation and/or dissolution of Trophy Club MUD 1 and make recommendation to the Board. The timeline for task no. 1 would be done within 30 days after appointment of committee members and the timeline for task no. 2 would be completed within 90 days after appointment of committee members. The District Manager and two directors will serve as resources to this committee but have no voting rights in the committee. Motion carried unanimously 3 of6 Trophy Club Municipal Utility District No. 1 August 27, 2013 Regular Session Minutes Director Carr and Director Armstrong will be the liaisons to the Committee 9. Consider and take appropriate action to approve Resolution 2013-0827 A authorizing application to the Texas Commission on Environmental Quality for approval of improvements to wastewater treatment plant and bonds for funding. Resident Danny Mayer spoke against Item No. 9. Motion made by Director Carr and seconded by Director Armstrong to approve Resolution 2013-0827A authorizing application to the Texas Commission on Environmental Quality for approval of improvements to wastewater treatment plant and bonds for funding. Motion carried unanimously 10. Consider and take appropriate action to approve Resolution 2013-0827B declaring official intent to reimburse costs of improvements to wastewater treatment plant out of bond proceeds. Motion made by Director Carr and seconded by Director Armstrong to approve Resolution 2013-08278 declaring official intent to reimburse costs of improvements to wastewater treatment plant out of bond proceeds. Motion carried unanimously 11. Consider and take appropriate action regarding draft Fiscal Year 2014 Budget. Director Carr would like to take the funds budgeted for an additional fire fighter and dedicate them to volunteer recruitment. Director Sanders would like to leave the line item in the budget, however feels that Chief Thomas must do more research and would like him to get information from other towns that have thriving volunteer fire departments. The Board would like to keep the July 4th celebration funding in place. The Board directed staff to keep funding for an additional fire fighter and to add funding for July 4th festivities. President Moss called for a Break at 8:53p.m. Regular Session resumed at 9:03 p.m. REPORTS & UPDATES 12. Presentation by District Manager regarding current water and sewer rate setting methodology. District Manager McKnight presented the Board with an overview of information the Board can expect from the rate study. 13. Receive District Manager Report a. Water System Operation b. Wastewater Operation c. Website Analytics 4 of6 d. Finance Update e. Project Updates -Rate Study -Indian Creek Waterline Improvements -Rate of Flow Control Project -Wastewater Treatment Plant Upgrades f. Budget g. Update on tax rate advertisement Trophy Club Municipal Utility District No. 1 August 27, 2013 Regular Session Minutes District Manager McKnight presented her monthly update to the Board and answered questions related to the same. 14. Receive Fire Update a. July activity b. Update on volunteer recruitment efforts Chief Thomas presented his monthly update to the Board and answered questions related to the same. Thomas will review other town policies regarding volunteer recruitment practices and report back to the Board. 15. Director's report and update to the Board regarding interview with resigned firefighter and discussions with Roanoke Fire Chief regarding mutual aid and dispatch services. Director Thomas gave an overview of his discussion with the Roanoke Fire Chief and staff. CONVENE INTO CLOSED SESSION at 10:12 16. The Board will conduct a Closed Session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071 (2) Consultation with Attorney to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Town of Westlake. b. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Water and wastewater services for PID; terms of inter-local agreement for provision of water and wastewater services; Trophy Club Municipal Utility District No. 1 assets and related matters. c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act: Provision of water and wastewater service to new developments within the District's Solana area. RECONVENE INTO REGULAR SESSION at 11:52 17. Consider and take appropriate action regarding Closed Session items. The Board directed President Moss to send a letter to the Town of Westlake in response to their offer letter dated August 19, 2013. 18. ltem(s) for future agendas. 5 of6 19. Set next meeting date for September 17, 2013. ADJOURN President Moss adjourned the meeting at 11:53 p.m. /~} (' ~ .t Jim foss, sr_;;,ra President £;:/~ Kevin R. Carr, Board Secretaryrrreasurer 6 of6 Trophy Club Municipal Utility District No. 1 August 27, 2013 Regular Session Minutes