HomeMy WebLinkAbout2015-05-19 Regular Meeting MinutesTROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
REGULAR MEETING MINUTES
BOARD OF DIRECTORS
May 19,2015 at 6:00P.M.
The Trophy Club Municipal Utility District No. 1 Board of Directors, of Denton and Tarrant Counties, met
in a Regular Session on May 19, 2015 at 6:00P.M ., in the Boardroom of the Administration Building, 100
Municipal Drive, Trophy Club, Texas 76262 . The meeting was held within the boundaries ofthe District,
and was open to the public.
STATE OF TEXAS §
COUNTIES OF DENTON AND TARRANT §
DISTRICT BOARD MEMBERS PRESENT
Jim Moss
Jim Hase
Kevin Carr
Jim Thomas
Neil Twomey
STAFF PRESENT:
Jennifer McKnight
Laurie Slaght
Renae Gonzales
Terri Sisk
Karl Schlielig
Mike McMahon
Donnie Hurd
Pam Liston
President
Vice President
Secretary/Treasurer
Director
Director
General Manager
District Secretary
Finance Manager
Administration Manager
Wastewater Superintendent
Water Superintendent
Interim Fire Chief
General Legal Counsel
CALL TO ORDER AND ANNOUNCE A QUORUM
President Moss announced the date of May 19, 2015, announced a quorum present and called the
meeting to order at 6:00 p.m.
CITIZEN PRESENTATIONS
Bill Rose 219 Inverness Drive
CONSENT AGENDA
1. Consider and take appropriate action to approve the Consent Agenda.
a. April 2015 check register
b. April 7, 2015 Special Meeting Minutes
c. April 21, 2015 Regular Meeting Minutes
d. April 28, 2015 Joint Meeting Minutes
Motion made by Director Thomas and seconded by Director Carr to approve items a. and c. on the
Consent Agenda.
Director Carr would like to remove item d. (April 28, 2015 Joint Meeting Minutes) from the Consent
Agenda and Director Twomey would like to remove item b. (April 7, 2015 Special Meeting Minutes) from
the Consent Agenda. Director Carr requested additional information in the minutes for and items (b) and
(d) will be brought back for consideration at the June regular meeting.
Motion carried unanimously
REGULAR SESSION
2. Presentation of certificates to Citizen's Fire Academy graduates .
Captain Gary Sipes presented certificates of completion to the following Fire Academy Graduates:
Graduates Present:
Richard Gregory
Connie White
Harriett Nelson
Not Present :
Allison Hoff
Charles Kroll
Andrea Kroll
Andrea Nowiski
The Board of Directors congratulated the recipients and thanked them for attending the academy.
3. Consider and take appropriate action regarding proposals received for Annual Financial Auditing
Services, award contract, and authorize the General Manager to execute contract for services.
Motion made by Director Carr and seconded by Director Twomey to award the contract for annual
financial auditing services to LaFollett and Abbott.
Motion is amended by the first and the second to include the cost of the FY 2016 audit of $22,500 and
to authorize the General Manager to execute the contract for services.
Motion carried unanimously
4. Consider and take appropriate action to approve proposal from the Wallace Group for inspection
services during wastewater treatment plant upgrade project .
Motion made by Director Carr and seconded by Director Twomey to approve the proposal from the
Wallace Group for inspection services during wastewater treatment plant upgrade project for an
amount not to exceed $92,800.00 to be spent at the discretion of the General Manager.
Motion carried unanimously
5. Consider and take appropriate action regarding proposals received for sludge hauling services,
award contract, and authorize the General Manager to execute contract for services .
Motion made by Director Twomey and seconded by Director Carr to award the contract for the Sludge
Hauling service to Chaney and to authorize the General Manager to execute the Contract for Services.
Motion carried unanimously
6. Consider and take appropriate action to approve Non-Standard Water and Wastewater Agreement
with BDMR Development LLC for the development known as Canterbury Hills, Phase 3 consisting of
51 lots and 51 living unit equivalents (LUE).
Motion made by Director Twomey and seconded by Director Thomas to approve Non-Standard Water
and Wastewater Agreement with BDMR Development LLC for the development known as Canterbury
Hills, Phase 3 consisting of 51 lots and 51 living unit equivalents (LUE).
Motion carried unanimously
7. Consider and take appropriate action to approve Non-Standard Water and Wastewater Agreement
with BDMR Development LLC for the development known as Water's Edge at Hogan's Glen, Phase 3
consisting of 22 lots and 22 living unit equivalents (LUE).
General Manager McKnight explained that the developer decided they may include three irrigation
meters in the development. If so, they will need approval for 25 LUEs instead of 22 as requested in the
application.
Motion made by Director Carr and seconded by Director Twomey to approve Non-Standard Water and
Wastewater Agreement with BDMR Development LLC for the development known as Water's Edge at
Hogan's Glen, Phase 3 consisting of 22 lots and 25 living unit equivalents (LUE).
Motion carried unanimously
8. Consider and take appropriate action regarding termination of oil and gas mining lease by Vantage
Fort Worth Energy LLC, formerly Encana Oil & Gas (USA) Inc .
Motion made by Director Carr and seconded by Director Thomas to approve the termination of oil and
gas mining lease by Vantage Fort Worth Energy LLC, formerly Encana Oil & Gas {USA) Inc., and direct
staff to file the notice with Denton County.
Director Twomey would like to amend the motion to approve the motion with the termination
effective when the District receives a formal copy of the lease.
Motion is amended by the first and second to approve the termination when the District receives a
formal copy of the original lease.
Motion as amended, carried unanimously
9. Consider and take appropriate action to adopt Order No . 2015-0519 Establishing Rules and Penalties
Relating to Interfering with District Meters, Lines, or other Properties.
Motion made by Director Twomey and seconded by Director Carr to adopt Order No. 2015-0519
Establishing Rules and Penalties Relating to Interfering with District Meters, Lines, or other Properties.
Motion carried unanimously
10. Consider and take appropriate action regarding Fire Department Personnel Budget as requested by
the Town of Trophy Club.
Motion made by Director Twomey and seconded by Director Carr to remit $922.00 to the Town of
Trophy Club and to receive $1690.50 from the Town of Trophy Club for the discrepancies in the
salaries for fire department employees.
Motion carried unanimously
11. Consider and take appropriate action regarding purchase and installation of generators with
automatic switchover capabilities at District lift stations.
Director Twomey and Director Hase would like to have the General Manager look at options for
generators at the lift stations and bring this information back to a future meeting.
Discussion only; no action taken.
12. Discussion regarding current debt service schedules for tax bonds and revenue bonds, and funding
of revenue bond reserve over a five year period as required by bond covenant.
Discussion only; no action taken.
13 . Consider and take appropriate action regarding scheduling of future joint meetings with the Town
of Trophy Club.
Motion made by Director Hase and seconded by Director Twomey that any future joint meeting with
the Town of Trophy Club Town Council be held at a separate meeting from either entity's regular or
special meeting.
Motion carried unanimously
14. Consider and take appropriate action regarding the April 2015 financials.
a. Combined Financials
b. Variance Report
Motion made by Director Carr and seconded by Director Twomey to approve the April 2015 Combined
Financials and Variance Report.
Motion carried unanimously
REPORTS & UPDATES
15. Update from Board Committees:
a. Rate Study Committee
b. Fire/EMS Consolidation Committee {FECC)
c. Annex Building Lease Committee
The Rate Study Committee consisting of Director Hase, Director Thomas and Staff explained the
schedule they developed to move forward with the rate study and rate adoption. The committee
will be looking at three scenarios for sewer billing: winter averaging, no cap on sewer usage, and
status quo with an 18,000 gallon cap for sewer usage .
Directors Carr and Twomey updated the Board regarding the Fire/EMS Consolidation Committee.
Director Carr stated the Town committee representatives did not attend their meeting on May 18th
and that the committee has not finalized their recommendations yet.
Directors Carr and Twomey also updated the Board regarding the Annex Building Lease Committee.
Director Carr stated the lease has now been put on hold by the Town Council until the District
completes its Water System Study.
16. General Manager Monthly Report for April 2015
a. Water System Operation
b. Wastewater System Operation
c. Website Analytics
d. Finance Update
• Utility Billing Reports
• PID Connections
• Permits Collected
• Fund Balance Report
e. Project Status Updates
• Sewer line relocation project at Sabre Building
• Water line relocation project in Solana
• Sewer line relocation project at Lift Station No. 2
• Fort Worth Regional Water Line Project
f . Comparison of effluent rates with other entities
g. Update-Groundbreaking ceremony
General Manager McKnight presented the monthly report to the Board and answered questions
related thereto.
17. Fire Department Report for April 2015
a. April Operations Report
b. Volunteer Recruitment Report
Interim Fire Chief Donnie Hurd presented the monthly report to the Board and answered questions
related thereto.
The Board convened into Closed Session at 7 :58 p.m.
CLOSED SESSION
The Board will conduct a Closed Session pursuant to Texas Government Code, annotated, Chapter 551,
Subchapter D for the following:
18. Pursuant to section 551.071, the District will consult with its 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 conflicts with the Open Meetings Act or to seek advice of counsel on
legal matters involving pending or contemplated litigation or settlement offers :
a. Agreement with THB Construction for security for potential fines due to sewer infiltration
caused by negligent construction of sewer line in Water's Edge at Hogan's Glen Phase 3.
b. Terms of potential lease or property sale with the Town of Trophy Club for use of District annex
building located at 100 Municipal Drive.
c. Allegations of misuse of property within Trophy Club Fire Department.
d. Conveyance of water and wastewater infrastructure as requirement of service.
e. lnterlocal Agreement with Town of Trophy Club for fire service to properties located within the
Town of Trophy Club but outside the District and Public Improvement District.
The Board reconvened into Regular Session at 9:33 p.m.
REGULAR SESSION
19. Consider and take appropriate action regarding Closed Session items.
Regarding agenda item 18. {a), a motion was made by Director Carr and seconded by Director
Twomey to direct the General Manager to submit the Reimbursement Agreement to THB Construction
subject to the approval of the District legal counsel.
Motion carried unanimously
Regarding agenda item 18.{e), a motion was made by Director Thomas and seconded by Director Carr
to have the District use the 2008 Fire Service Agreement drafted for fire service to the Public
Improvement District {PID) to also provide fire coverage to other out of District properties, and the
Board directed staff to follow all of the requirements of that agreement as previously approved by the
Board of Directors and the Town Council, and that any future changes to the processes set forth in
that agreement must be approved through an amendment, approved by both the Board of Directors
and the Town Council.
Motion carried unanimously
Regarding agenda item 18. (b), Director Carr stated that based on an email received by President
Moss from Mayor Sanders, it is our understanding that the council tabled this item and will only
have future consideration after the water study is completed. For several months the District has
been diligently working to assist the Town in their request to clear up issues that prevent the
Town from obtaining insurance on the annex building and we remain willing to work towards an
amicable agreement. For now, I make a motion that includes the District's willingness to lease or
sell the annex building property to the Town but tables that discussion until the council notifies
this board of their interest to move forward in some manner, and to direct staff and legal to cease
all work on the matter. Motion seconded by Director Thomas.
Motion carried unanimously
Regarding item 18. {c), a motion was made by Director Twomey and seconded by Director Carr
directing the General Manager to notify and consult with the Trophy Club Town Manager regarding
allegations of misuse of property within the Fire Department and report back to the Board of
Directors a plan of action on May 28, 2015.
Motion carried unanimously
Director Twomey stated regarding agenda item 18. (d), General Manager McKnight informed the
board that the conveyance document for infrastructure located solely in the District has been received
from the Town and we would like to thank the council for getting this accomplished . Based on an
email received by President Moss from Mayor Sanders, it is our understanding that the council took
action to recognize that the additional infrastructure for which conveyance was requested but denied,
jointly serves the District and the Town. The council decided it is not necessary to do any additional
legal work or research related to this matter. Based on this information, I would like to make a motion
to direct the General Manager and legal counsel to notify TCEQ of the joint ownership of the water
and sewer lines, notify them of the direct connection between the water systems, and notify them
that the potable water line is under the sanitary control of the Town. Additionally, I move that the
Finance staff maintain the value provided to us from Town staff on the District asset list and for legal
counsel to do no additional work or research on this matter except for where noted above. Director
Thomas seconded the motion.
Motion carried unanimously
20. Items for future agendas: None
21. Announce next Regular meeting date: June 16, 2015 at 6:00p.m.
ADJOURN
President Moss adjourned the Meeting at 9 :40p.m .
Jim zy.ss, President
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Kevin R. Carr, Secretary