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HomeMy WebLinkAbout2014-02-18 Regular Meeting MinutesTrophy Club Municipal Utility District No. 1 February 18, 2014 Regular Session Minutes1 of 6REGULAR SESSION MINUTES FROM TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS February 18, 2014 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, February 18, 2014 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 Bill Armstrong Kevin Carr Nick Sanders Jim Thomas STAFF PRESENT: Jennifer McKnight laurie Slaght Renae Gonzales Terri Sisk Adrian Womack Karl Schlielig Pam Liston President Vice President Secretary/Treasurer Director Director District Manager District Secretary Finance Manager Human Resources Manager Utility Superintendent Wastewater Superintendent District Legal Counsel CITIZEN ADVISORY COMMITTEE MEMBERS: Jim Hase Neil Twomey larry Hoover Chair Co-Chair Committee Member President Moss announced the date of February 18, 2014, called the meeting to order and announced a quorum present at 7:00 p.m. CONSENT AGENDA 1. Consider and take appropriate action to approve the Consent Agenda. a. January 21, 2014-Special Meeting Minutes b. January 21, 2014-Regular Meeting Minutes c. Check Register-January 2014 Motion made by Director Thomas and seconded by Director Armstrong to approve the Consent Agenda. Motion carried unanimously REGULAR SESSION Trophy Club Municipal Utility District No. 1 February 18, 2014 Regular Session Minutes2 of 62. Consider and take appropriate action regarding Water and Sewer Rate Study performed by J. Stowe & Co. Matthew Garrett and Justin Rasor from J.Stowe & Co. presented the Results of the Water and Sewer Rate Study. Motion made by Director Sanders and seconded by Director Carr to direct the District Manager to amend the District Rate Order using scenario #3 for water rates and scenario #4 for wastewater rates, indicate in the Rate Order that the TCEQ regulatory assessment fee will be a separate line item on monthly bills, and to present the amended Rate Order at the next regular meeting. District Manager McKnight stated that staff may need until the April board meeting to finalize the amended Rate Order for presentation. Motion made by Director Sanders and seconded by Director Carr to amend the original motion to allow staff until the April meeting to present the amended Rate Order. Motion as amended carried unanimously. 3. Consider and take appropriate action to approve matters related to May 10, 2014 General Election: a. Order No. 2014-0218 Calling the May 10, 2014 General Election b. Notice of appointment of Agent c. Joint Election Agreement and Contract for Election Services with Denton County d. Joint Election Agreement and Contract for Election Services with Tarrant County e. Authorize District Manager to sign and execute all necessary documents f. Other necessary actions as may be required forthe May 10, 2014 General Election Motion made by Director Sanders and seconded by Director Carr to approve the matters related to May 10, 2014 General Election including Order No. 2014-0218 calling the May 10, 2014 General Election, Notice of Appointment of Agent, Joint Election Agreement and Contract for Election Services with Denton County, Joint Election Agreement and Contract for Election Services with Tarrant County, and to authorize District Manager to sign and execute all necessary documents and other necessary actions as may be required for the May 10, 2014 General Election. Motion carried unanimously 4. Consider and take appropriate action regarding Citizen Advisory Committee Report to the Board of Directors. Chairman flase reviewed the Citizen Advisory Committee's final report with the board and recommended the MUD continue to exist as a separate entity. flase stated that members Jay Como and Dr. Wanda Franklin of the Blue Ribbon Panel Finance Sub-committee attended the last meeting of the Citizen Advisory Committee and they were able to agree on the assumptions used in the model and the final report. flase thanked the District Manager and staff for their help. Hase also thanked Neil Twomey for his dedicated work in creating the models and making all the changes requested week after week. Motion by Director Sanders and seconded by Director Thomas to officially receive the February 18, 2014 report from the Citizens Advisory Committee consisting of Chairman Jim Hase1 Co~Chairman Neil Twomey, Mike Buck, Wallace Carlson, Pete Reincke and Larry Hoover, express the Board's sincere thanks to this committee and the staff who helped facilitate this report, and to direct the District Manager to place the report on the District website, include a notice of its availability in the weekly e-blast to customers, and send an electronic copy to Representative Tan Parker and Representative Giovanni Capriglione and the Town Manager of the Town of Trophy Club. Motion carried unanimously Trophy Club Municipal Utility District No. 1 February 18, 2014 Regular Session Minutes3 of 65. Consider and take appropriate action to approve the January 2014 Financials. a. Combined Finandals b. Variance Report Motion made by Director Carr and seconded by Director Thomas to approve the January 2014 Financials. Motion carried unanimously 6. Consider and take appropriate action related to the sale of Trophy Club Municipal Utility District No. 1 Unlimited Tax Bonds, Series 2014, including the adoption of Resolution No. 2014-0218 authorizing the sale of such bonds and the publication of a notice of sale. Motion made by Director Sanders and seconded by Director Carr to approve Resolution 2014-0218 authorizing the sale of Trophy Club Municipal Utility District No. 1 Unlimited Tax Bonds, Series 2014 and the publication of notice of sale of such bonds, instruct the District Manager to follow Option B to ensure all bonds are bank qualified, and to suggest that revenue bonds are issued prior to tax bonds. District Manager McKnight explained that the resolution and all supporting documentation was related to the tax bonds and the motion cannot both approve the resolution and request it to be changed to revenue bonds. Motion is retracted by the first and second. Further consideration of Item No. 6 is moved until after the executive session as the Board desires to seek legal advice in Closed Session. After the Closed Session the Board took the following action: Motion made by Director Thomas and seconded by Director Armstrong to approve Resolution 2014-0218 authorizing the sale of Trophy Club Municipal Utility District No. 1 Unlimited Tax Bonds, Series 2014 and the publication of notice of sale of such bonds, and to instruct the District Manager to follow Option B to ensure all bonds are bank qualified. Motion carried unanimously 7. Consider and take appropriate action to give notice as outlined in the agreement to the Town of Trophy Club to terminate the Operations Agreement for Water and Wastewater Services to the Public Improvement District. Motion made by Director Carr to notify the Town of Trophy Club that the District is exercising section 6.3 of the Operations Contract to terminate the contract without default and giving the Town a one year notice. No second to the motion. Director Carr retracted and requested legal advice. Further consideration of Item No. 7 is moved until after the executive sess;on as the Board desires to seek legal advice in Closed Session. After the Closed Session the Board took the following action: Motion made by Director Carr and seconded by Director Moss to give the Town of Trophy Club notice of termination of the Operations Agreement for Water and Wastewater Services to the Public Improvement District as allowed in article 6.3 {Termination Without Default) of the agreement, and directed the District Manager to deliver a written notice as required for a one year termination notice. Motion carried unanimously Trophy Club Municipal Utility District No. 1 February 18, 2014 Regular Session Minutes4 of 68. Consider and take appropriate action to authorize the Wallace Group to proceed with design of the wastewater treatment plant without inclusion of service to the Public Improvement District. Consideration of Item No. 8 is moved until after the executive session as the Board desires to seek legal advice in Closed Session. After the Closed Session the Board took the following action: Motion made by Director Sanders and seconded by Director Carr to authorize the District Manager to instruct the Wallace Group to proceed with design of the wastewater treatment plant without a long-term agreement for the Town's Public Improvement District. Motion carried unanimously 9. Consider and take appropriate action regarding increased capacity for water supply from the City of Fort Worth and participation in City's 48-inch transmission line project. Motion made by Director Carr and seconded by Director Sanders to direct the District Manager to inform the City of Fort Worth that we will participate in the 48" transmission line and would like to purchase an increase in capacity of 2.4 million gallons per day. Motion carried unanimously 10. Consider and take appropriate action regarding evaluation of District legal counsel. Discussion only. No action taken. 11. Consider and take appropriate action regarding continued negotiations with the Town of Westlake and attendance at legislative meetings. Consideration of Item No. 11 is moved until after the executive session as the Board desires to seek legal advice in Closed Session. After the Closed Session the Board took the following action: Motion to authorize Director Carr and Director Sanders to attend a meeting on February 21, 2014 with State legislators, the Town of Trophy Club, and the Town of Westlake. Motion carried unanimously REPORTS & UPDATES 12. Receive update from Citizen Advisory Committee. No action taken. 13. Receive update from Director Thomas regarding the Association of Water Board Directors Winter Conference. Director Thomas gave an overview of the winter conference. 14. District Manager Report Trophy Club Municipal Utility District No. 1 February 18, 2014 Regular Session Minutes5 of 6a. Water System Operation b. Wastewater Operation c. Website Analytics d. Finance Update • Utility Billing Reports • PID Connections e. Update on Indian Creek Water Line Replacement Project f. Update on Canterbury Hills, Phase 1, Plat g. Update on plans for the Spring Open House District Manager McKnight presented her monthly report. McKnight informed the Board that the Indian Creek project will have to be rebid as the selected bidder is unable to attain bonds. 15. Fire Department Report a. January 2014 Chief Thomas was not present. His reports were in the packet for the Board to review. THE BOARD CONVENED INTO CLOSED SESSION AT 9:33P.M. CLOSED SESSION The Board will conduct a Closed Session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: 16. 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 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: a. Town of Westlake proposal to purchase Solana area from District boundaries b.Water and wastewater services for PID; terms of inter-local agreement for prov1s1on of water and wastewater services; Trophy Club Municipal Utility District No. 1 assets and related matters; and representation RECONVENE INTO REGULAR SESSION AT 11:09 P.M. 17. Consider and take appropriate action regarding Closed Session items. Motion made Director Armstrong and seconded by Director Sanders to direct the District Manager to set up a joint meeting with the Town Council to consider and finalize an agreement for water and wastewater services to the Town's Public Improvement District. Motion carried unanimously Motion made by Director Sanders and seconded by Director Armstrong to instruct the District Manager to finalize the District's response to the Town of Westlake's letter dated January 15, 2014 and deliver the response letter promptly to the Westlake Town Manager. Motion carried unanimously 18. Items for future agendas Trophy Club Municipal Utility District No. 1 February 18, 2014 Regular Session Minutes6 of 619. Set next meeting date March 18, 2014 at 7:00 p.m. ADJOURN Kevin R. Carr, Board Secretary/Treasurer ·.