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HomeMy WebLinkAboutNovember 19, 2013 Regular Meeting MinutesREGULAR SESSION MINUTES Trophy Club Municipal Utility District No . 1 November 19 , 2013 Regular Meeting Minutes TROPHY CLUB MUNICIPAL UTILITY DISTRICT N0.1 BOARD OF DIRECTORS 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS NOVEMBER 19, 2013 at 7:00P.M. Svore Municipal Building Boardroom The Trophy Club Municipal Utility District No . 1 Board of Directors , of Denton and Tarrant Counties, met in a Regular Meeting on Tuesday, November 19, 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 § MUD 1 BOARD MEMBERS PRESENT Jim .Moss Bill Armstrong Kevin Carr Jim Thomas Nick Sanders STAFF PRESENT: Jennifer McKnight Laurie Slaght Karl Schlielig Adrian Womack Renae Gonzales Terri Sisk Danny Thomas Pamela Liston President Vice President SecretaryfTreasurer Director Director District Manager District Secretary Wastewater Superintendent Utility Superintendent Finance Manager Human Resources Manager Fire Chief District Legal Counsel President Moss announced the date of November 19, 2013 , called the meeting to order and announced a quorum present at 7:00p.m. CITIZEN PRESENTATIONS Larry Hoover Berkshire Ct. CONSENT AGENDA 1. Consider and take appropriate action to approve the Consent Agenda. a. October 15, 2013 -Regular Meeting Minutes b. October 23, 2013 -Joint Meeting Minutes c. October 2013 Check Register Motion made by Director Thomas and seconded by Director Armstrong to approve the Consent Agenda. Motion carried unanimously (President Moss moved to discuss item #9; with no objections the item is moved.) 9. Receive update on Citizen Advisory Committee . 1 of 5 Trophy Club Municipal Utility District No. 1 November 19, 2013 Regular Meeting Minutes Neil Twomey and Jim Hase from the Citizen Advisory Committee gave a presentation of the financial model and an update of where the committee is with the scenarios. The Directors thanked those present. The Board convened into Closed Session at 7:48 p.m. CLOSED SESSION 13. The Board conducted a Closed Session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: Section 551.071 (2) Consultation with Attorney-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 and 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 proposal to buy- out Solana area from District boundaries. 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; and representation. 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 and potential litigation with the Town of Westlake in conjunction with administrative body Texas Commission on Environmental Quality review: bond application . 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 and potential litigation with the Town of Trophy Club in conjunction with administrative body Texas Commission on Environmental Quality review: CCN Matters. 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: Town of Westlake Council Members violations of Texas Open Meetings Act. The Board convened into regular session at 8:50 p.m. REGULAR SESSION The Board took no action regarding the Closed Session. (President Moss moved item #12 for discussion; with no objections the item is moved.) 12. Receive updated presentation of the 2013 Rate Study from J. Stowe & Co. Chris Ekert from J. Stowe & Co. presented the Board an update of the Rate Study. Mr. Ekert recommends Scenario #3 for the water rates. Mr. Ekert recommends Scenario #3 or #4 for the sewer rates. 2 of 5 Trophy Club Munic ipal Utility District No . 1 November 19, 2013 Regular Meeting Minutes 2. Consider and take appropriate action to approve the October 2013 financials. a.Variance Report b.Combined Financials c.Fund Balance Motion made by Director Sanders and seconded by Director Carr to approve the October 2013 financials. Motion carried unanimously 3. Consider and take appropriate action regarding the proposed settlement of the interpleader suit filed by the District against Prime Construction and its bonding company relating to the remaining retainage from the construction of the new fire station. Motion made by Director Thomas and seconded by Director Sanders to accept the proposed interpleader suit filed by the District against Prime Construction and its bonding company relating to the remaining retain age from the construction of the new fire station. Motion carried unanimously 4. Consider and take appropriate action regarding Director attendance at Blue Ribbon Panel and Citizen Advisory Comm ittee meetings. The Directors will not ify Jennifer in advance if they plan to attend Blue Ribbon Panel meeting. 5. Consider and take appropriate action regarding Citizen's Advisory Committee request to reprioritize task timeline . Motion made by Director Armstrong and seconded by Director Sanders to have the Citizen Advisory Committee focus on financial models and remove the rate study review from the committee's list of duties. Motion carried unanimously 6. Consider and take appropriate action to authorize District Manager to close District office at noon on December 13, 2013, for employee Christmas party. (McKnight) Motion made by Director Carr seconded by Director Thomas authorizing the District Manager to close the District offices on December 13, 2013 for the District employee Christmas party. Motion is amended by Director Sanders to authorize the District Manager to close the District office at her reasonable discretion. First and second accept the amended motion. Motion as amended carried unanimously REPORTS & UPDATES 7. District Manager Report a. Water System Operation 3 of5 b. Wastewater Operation c . Website Analytics d.Finance Update •UB Reports •PID Connections e.Project Updates •Rate of Flow Control Project •Wastewater Treatment Plant Upgrades •Lift Station No . 1 access road Trophy Club Municipal Utility District No . 1 November 19, 2013 Regular Meeting Minutes District Manager McKnight presented her monthly report to the Board . Regarding access to lift station no . 1, the Board directed the District Manager to have a survey completed, speak to the homeowners, and look at any other alternatives in terms of cost and location . Director Carr would like to make sure Nicole is told she did a good job in dealing with customer complaints that have been reported in the last month . 8. Fire Department Report a. Octobe r Reports Chief Thomas presented his update to the Board and answered questions related thereto . 10 . Receive update from Public Improvement District (PID) committee regarding meeting with Town of Trophy Club on November 12, 2013 for contract discussions related to wholesale water and wastewater supply to the PI D. Director Carr updated the Board on the committee meeting . He said the Town will have a draft to the committee by December 2, 2013 . Director Sanders will attend the next PID committee meeting in place of Director Carr who will be out of town at that time . 11 . Receive update from legislative committee regarding meeting w ith legislators, Town of Trophy Club , and Town of Westlake on November 5, 2013 . Di rector Sanders provided an update regarding the legislative committee meeting with legislators Tan Parker and Giovanni Capriglione. The Board of Directors Re-Convened into Closed Session at 10:24 p.m. CLOSED SESSION 13 . The Board will conduct a Closed Session pursuant to Texas Government Code, annotated , Chapter 551, Subchapter D for the following : Section 551.071 (2) Consultation with Attorney-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 and 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 proposal to buy- out Solana area from District boundaries . 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; and representation. 4 of 5 Trophy Club Municipal Utility District No . 1 November 19, 2013 Regular Meeting Minutes 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 and potential litigation with the Town of Westlake in conjunction with administrative body Texas Commission on Environmental Quality review: bond application . 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 and potential litigation with the Town of Trophy Club in conjunction with administrative body Texas Commission on Environmental Quality review : CCN Matters. 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: Town of Westlake Council Members violations of Texas Open Meetings Act. The Board reconvened into regular session at 12:05 p.m. 14 . Consider and take appropriate action regarding Closed Session items . Motion made by Director Sanders and seconded by Director Carr to instruct the District Manager with assistance from legal counsel and financial advisors, to draft a response to the Town of Westlake regarding their offer of August 19 1h, 2013 addressing the methodology used for setting the valuation of MUD 1. Information that our initial evaluation of their proposal reflects that the offer is millions short. The letter should copy Representatives Tan Parker and Giovanni Capriglione and additionally extend an invitation to the legislators to attend our next Citizen Advisory Committee Meeting. Motion carried unanimously 15. Items for future agendas 16. Set next meeting date-Tuesday, December 17, 2013 at 7:00p.m. ADJOURN Meeting adjourned at 12 :14 p.m . Kevin R. Carr, SecretaryfTreasurer 7 5 of 5