HomeMy WebLinkAbout2015-07-21 Regular Meeting MinutesTrophy Club Municipal Utility District No. 1 July 21, 2015 Regular Meeting Minutes
REGULAR MEETING
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
BOARD OF DIRECTORS
July 21, 2015 at 6:00P.M.
100 Municipal Drive, Trophy Club, Texas 76262
The Trophy Club Municipal Utility District No.1 Board of Directors, of Denton and Tarrant Counties, met in
a Regular Session on July 21, 2015 at 6:00 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 AND TARRANT §
BOARD OF DIRECTORS PRESENT:
Jim Moss
Neil Twomey
Kevin Carr
Jim Thomas
Jim Hase
STAFF PRESENT:
Jennifer McKn ight
laurie Slaght
Renae Gonzales
Karl Schlielig
Mike McMahon
Danny Thomas
Pam Liston
GUEST PRESENT:
President
Vice President
Secretary/Treasurer
Director
Director
General Manager
District Secretary
Finance Manager
Wastewater Superintendent
Water Superintendent
Fire Chief
General legal Counsel
Chris Eckert New Gen Strategies & Solutions (J . Stowe & Co .)
Chip Boyd Standard Pacific Homes
Kevin Glovier, P.E. The Wallace Group
CALL TO ORDER AND ANNOUNCE A QUORUM
President Moss announced the date of July 21 , 2015 , called the meeting to order and announced a
quorum present at 6:00p.m.
PUBLIC HEARING-A Public Hearing is called regarding proposed water and sewer rates.
President Moss Opened the Public hearing at 6:00 p.m.
General Manager McKnight gave a presentation regarding p roposed water and sewer rates and the model
used to set rates.
Danny Mayer 2201 Prestwick Ave.
Bill Rose 219 Inverness Drive
Connie White 119 Trophy Club Drive
Jim Parrow 8 Brookfield Court
Kathryn Urbaszewski 356 Indian Creek Drive
Bill Armstrong 18 Avenue Twenty
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Lou Opipare
Jennifer Win mill
CONSENT AGENDA
32 Crestwood Drive
7 Overhill Drive
1. Consider and take appropriate action to approve the Consent Agenda .
a. June 2015 Check Register
b. June 5, 2015 Special Meeting Minutes
c. June 16, 2015 Regular Meeting Minutes
July 21 , 2015 Regular Meeting Minutes
d. Resolution No . 2015-0721A authorizing wire transfers through Prosperity Bank
e. Quarterly Investment Report-3'd Quarter FY 2015
Motion made by Director Carr and seconded by Director Twomey to approve the Consent Agenda as
presented.
Motion carried unanimously
REGULAR SESSION
2. Consider and take appropriate action to adopt District Rate Order No. 2015-0721A amending water and
sewer rates and setting effective date of September 1, 2015 .
Motion made by Director Twomey and seconded by Director Carr to adopt Rate Order No. 2015-0721A
amending water and sewer rates and setting an effective date of September 1, 2015.
Motion carried unanimously
3. Consider and take appropriate action regarding 2014 Consumer Confidence Report.
General Manager McKnight stated that the 2014 Consumer Confident Report was mailed out to all of our
customers and placed on the agenda to allow for public participation .
Discussion Only
No action taken
4. Consider and take appropriate action regarding f i nd i ngs and recommendations of the District and
Town Fire/EMS Consolidation Committee and provide direction to staff regarding the lnterlocal
Agreement for Fire Department Personnel Services with the Town of Trophy Club dated January 7,
2013 .
Fire EMS Consolidation Committee member Lou Opipare presented the Board with the preliminary
findings of the committee. He stated that the other members of the committee are Eric Jensen, Director
Carr , Director Twomey, CouncilmemberShoffner, and CouncilmemberTim Kurtz.
Mr. Opipare stated the Fire/EMS Consolidation Committee Final Recommendations include:
• If the EMS is not consolidated under the MUD, the District & Council must restore and enhance the
current ILA agreement that can be agreed to and followed by all.
• The Inter Local Agreement between the MUD and Town must be restructured to include:
·The Town remains fiscally responsible for EMS
·The MUD remains fiscally responsible for Fire
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·The Town Manager or MUD General Manager oversee the daily operations of both Fire and EMS
·Both MUD's General Manager and Town Manager oversee and approve their respective budget
·The MUD's General Manager and Town Manager jointly develop the Fire I EMS combined SOP's
and performance objectives. The performance objectives will be incorporated in the Fire Chief's
annual performance plans and reviewed quarterly.
·The Town and MUD Managers' performance plans must be amended to reflect these items
·The Fire Chief reports to the Town Manager or MUD General Manager for both Fire and EMS
operations but must take direction from the other entity manager for those items pertaining to
responsibility for EMS or Fire.
·Provide the appropriate level for annua l review for SOP's compliance and performance of EMS and
Fire operations .
Directo r Twomey stated that the committee was formed because Councilman Philip Shoffner and
Councilman Tim Kurtz and the committee were to look at the financial impact to the Town and the
District of combining the Town and EMS under one entity.
Director Carr wanted to clarify statements made by committee member Eric Jensen at the Town
Council meeting regarding the possibility of moving the Firefighters to the District retirement plan TCDRS
(Texas County & Retirement System) from the Town retirement plan TMRS (Texas Municipal
Retirement System). Director Carr stated that the District funded all of its employees at 100 percent
when they moved from the Town retirement plan and there have been no issues at all. He added that
the City of Fort Worth and Dallas do not use TMRS and that the suggestion that firefighters would not
want to work here due to the retirement plan is incorrect. He also stated that Mr. Jensen's comments
that the Firefighters would lose thei r retirement matching if they moved to TCDRS is also incorrect.
Discussion Only
No action taken
5. Consider and take appropriate action regarding compensation request from customer at 552 Indian
Creek Drive, Account No. 003-0111417-200, for alleged damages caused by the District .
Motion made by Director Hase and seconded by Director Carr to award the customer at 552 Indian
Creek Drive a total amount of $1000.
Motion carried unanimously
6. Consider and take appropriate action to approve Obligation Letter from the developer of Isle of
Turn berry in lieu of Nonstandard Service Agreement.
Mr. Chip Boyd with Standard Pacific Homes requested the Board accept a Letter of Obligation in lieu of a
Nonstandard Service Agreement.
Director Carr requested that item #6 be discussed with Legal Counsel during executive session. Item No. 6
is so moved to Closed Session (see action after closed session)
7. Consider and take appropriate action to adopt Order No . 2015-0721B amending District Code of
Ethics policy.
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Motion made by Director Thomas and seconded by Director Carr to adopt Order No . 2015-07218 amending
District Code of Ethics policy with the an addition of the following language to Section 2.08. Conduct of
Meetings. The President shall preside at Board meetings. In the absence of the President, the Vice
President shall preside. "In the absence of the Vice President, the Secretary/Treasurer shall preside."
Motion carried unanimously
8. Consider and take appropriate action regarding District Investment Policy including:
a. Appoint District Investment Officer(s). (J. Thomas)
b. Adopt Order No . 2015-0721C approving Amended and Restated Investment Policy.
Motion made by Director Thomas and seconded by Director Twomey to adopt Order No. 2015-0721C
approving Amended and Restated Investment Policy and to appoint Director Carr as a Co-Investment
Officer.
Motion carried unanimously
9. Consider and take appropriate action to adopt Order No. 2015 -0721D approving Cash Reserve Policy.
(Hase)
Motion made by Director Thomas and seconded by Director Twomey to adopt Order No. 2015-0721D
approving Cash Reserve Policy.
Director Hase would like to amend the motion to state that the cash reserve goal be moved from
100%to 50%.
Motion is amended by the first and second.
Director Hase would like to further amend the motion to state "The District will endeavor to reach
50% in a five year period."
Motion is amended by the first and second.
Motion as amended, carried unanimously
10. Consider and take appropriate action to approve an Automatic Aid Agreement for Fire Services with
Roanoke Fire Department. (D . Thomas)
Chief Thomas stated that the Automatic Aid agreement is to guarantee that when a structure fire occurs,
all participating departments (Roanoke, Westlake and Trophy Club will respond). Chief Thomas stated
that the call center will press a button and all three departments will automatically ascend on a fire.
Director Carr stated that his research on Automatic Aid indicates that the participating agencies agree that
the closest department responds to the call. He stated he is concerned that the District will be providing
most of the coverage, thus leaving our residents without coverage for which they pay. Carr clarified that
the District has a Mutual Aid Agreement with Westlake and Roanoke and that this agreement for Automatic
Aid would be in addition to that agreement. Chief Thomas stated that the agreement will lower Roanoke's
ISO rating because they will have access to the District equipment.
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Director Twomey asked which entity requested this agreement and Chief Thomas stated it was Roanoke.
Chief Thomas stated that Westlake and Roanoke have already passed the agreement and they are waiting
on us.
Director Carr stated he believes Roanoke and Westlake would benefit from this but does not feel that
Trophy Club would see any benefit as the response time would not be adequate . Carr stated that
Roanoke would not be able to respond to any section of Trophy Club as fast as our department.
Director Carr asked Chief Thomas if TC Fire gets called out to a Fire in Westlake, who will cover our residents.
Chief Thomas stated that is when the department would use resource management and call Southlake or
Flower Mound to cover our area. Carr asked how this is done now with mutual aid . Chief Thomas said a
few months ago we had Grapevine here while TC Fire was helping Roanoke with a fire. Carr stated that is
mutual aid so what is wrong with mutual aid? Carr said to Google Mutual aid vs . Automatic aid, and it
specifically says automatic aid is for situations for an entity bordering a city that has a station closer and can
respond faster and that it does not say that all three respond at the same time. Director Twomey asked
when the City of Roanoke and the Town of Westlake approved the automatic aid for fire protection
agreement. Chief Thomas stated they have one in place now between them and they are waiting on
us to approve this agreement. Twomey asked when they approved this document. Chief Thomas stated
that they may not have approved this exact document as there have been changes made to it.
General Manager McKnight asked the Chief to explain to the Board the differences between this
document for automatic aid and the current agreements for mutual aid. Director Twomey stated that the
Chief had told him that this agreement would be replacing the interlocal agreements for mutual aid that
are currently in place.
Motion made by Director Carr and seconded by Director Twomey to table this item until Chief Thomas
provides the Board further information.
Discussion ensued and the Board asked the Fire Chief to provide them with the following information :
What are the benefits of Automatic Aid vs. Mutual Aid to the District?
How is this different and better than Mutual Aid that is already in place?
Provide the dates and copies of the agreements approved by Roanoke and Westlake.
Chief Thomas stated he would get with Director Twomey and provide additional information and Director
Twomey stated he preferred that he provide this information to the entire Board.
President Moss called for the vote on the Motion to Table this item.
For: Carr, Twomey, Moss
Against : Thomas, Hase
Motion passed 3-2
11. Consider and take appropriate action to approve an Inter-jurisdictional Mutual Aid Agreement for
Fire Services with Denton County . (D . Thomas)
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Motion made by Director Hase and seconded by Director Twomey to approve the Inter-jurisdictional
Mutual Aid Agreement with Denton County.
Motion carried unanimously
President Moss called a 10 minute break at 9:05 p.m.
Reconvene into Regular Session at 9:15 p.m.
12 . Consider and take appropriate action regarding mowing services for FY 2016 including:
a. Provide staff direction regarding mowing services included in 2013 lnterlocal Agreement for
Contractual Services with the Town of Trophy Club
b. Approve bid and award contract for mowing services at District properties starting October 1,
2015 and allow the General Manager to execute the contract.
General Manager McKnight stated that the Town Staff told her that they will not be doing the mowing for
the District after this fiscal year. The Directors questioned the termination clause 4 .01 of the ILA which
states that "shall automatically renew for five {5) successive periods of one (1) year each, unless
terminated by either party giving ninety {90) days written notice of termination prior to October 1."
Motion made by Director Carr and seconded by Director Twomey to table this item until the Board of
Directors receives notice from the Town Council.
Motion carried unanimously
13 . Consider and take appropriate action regarding permitting requirements for Wastewater Treatment
Plant Project through the Town of Trophy Club and request for waiver from subdivision regulations .
(J. Thomas)
Discussion Only
No action taken
14. Consider and take appropriate action regarding emergency expenditure for replacement of water
plant generator.
Motion made by Director Carr and seconded by Director Thomas to authorize the General Manager to
purchase a generator for the water plant for an amount not exceed $30,000.
Motion carried unanimously
15 . Consider and take appropriate action regarding the June 2015 financials .
a. Combined Financials
b. Variance Report
Motion made by Director Carr and seconded by Director Thomas to approve the June 2015 Financials
and Variance Report.
Motion carried unanimously
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REPORTS & UPDATES
16. General Manager Monthly Report for June 2015 a.
Water System Operation
b. Wastewater System Operation
c. Website Analytics d.
Finance Update
• Utility Billing Reports
• PID Connections
• Permits Collected
• Cash Status Report e.
Project Status Updates
• Wastewater treatment plant upgrade project
• Sewer line relocation project at Sabre Building
• Sewer line relocation project at Lift Station No. 2
• Water line relocation project in Solana
July 21 , 2015 Regular Meeting Minutes
• Pebble Beach, Timberline, and Pin Oak Court water line upgrade project
• Water System Study
General Manager McKnight p r esented the Board with the June reports and gave the following updates
regarding Capital Projects .
Wastewater treatment plant upgrade project-Staff is working on getting the required permits
from the Town.
Sewer line relocation project at Sabre Building-This project has been completed and all
inspections have been done.
Sewer line relocation project at Lift Station No. 2-The final walkthrough has been done and
the project is now complete.
Water line relocation project in Solana-Staff is under the third review of the plans and the
second review ofthe contract documents .
Pebble Beach , Timberline, and Pin Oak Court water line upgrade project-The temporary
water line is being installed on Pebble Beach.
Water System Study-The water study is underway and staff is looking at completion of the
study in 30 days .
17 . Fire Department Report for June 2015 a.
Operations Report
b. Volunteer Recruitment Report
Fire Chief Thomas presented his monthly update to the Board .
Fire Chief Thomas stated the fire department had 44 Fire calls, 36 EMS calls, gave 14 mutual calls which consisted
of 8 EMS calls and 2 fire calls to Roanoke and 2 fire and 2 EMS to Westlake. Thomas stated that we received
assistance with 4 EMS calls and 2 Fire calls from Roanoke and 1 EMS call from Westlake.
The Fire Chief did not present Volunteer Recruitment Report.
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General Manager thanked Captain Shane Beck and Water Superintendent Mike McMahon for the excellent fire
hydrant program that they have put together.
The Board convened into closed session at 10:47 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. Section 551.071 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/or matters of pending or contemplated litigation :
a. Wastewater Treatment Plant Requirements under Texas Administrative Code, Chapter 217 and
Chapter 309.
b. New service commitment obligations for water and wastewater service . (Moss)
c. lnterlocal Agreement for Contractual Personnel Services with the Town of Trophy Club dated
January 7, 2013 . (Carr)
d. lnterlocal Agreement for Fire Department Personnel Services with the Town of Trophy Club dated
January 7, 2013 and potential terms for future agreement. (Carr and J. Thomas)
e. lnterlocal Cooperation Agreement for Fire Protection Services with the Town of Trophy Club dated
December 15, 2008. (Carr)
19. Deliberations pursuant to Section 551.074(a}(1) of the Texas Open Meetings Act regarding the
appo i ntment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or
employee: Jennifer McKnight, General Manager (Carr)
RECONVENE INTO REGULAR SESSION at 12:37 a.m.
20. Consider and take appropriate action regarding Closed Session items .
Motion made by Director Carr and seconded by Director Twomey Regarding agenda Item No.6., to direct
the General Manager and legal to work with Chip Boyd, developer of Isle of Turnbury to create a
customized Nonstandard Service Agreement that implements the steps stated in his Obligation Letter
and to authorize the General Manager to approve and execute the contract upon legal review.
Motion carried unanimously
Motion made by Director Hase and seconded by Director Twomey regarding agenda item 18 b. to
continue working toward getting approval for commencement of wastewater treatment plant
construction and hope for the best but strong likelihood of no more service commitments if nothing
changes. We have requested a waiver of the right of way dedication and set back requirement so we
are hopeful these waivers are granted.
Motion carried unanimously
21 . Items for future agendas: Annual Evaluation of the General Manager
Automatic Aid Agreement
22. Announce upcoming meeting dates: Regular meeting-August 18, 2015 at 6:00p.m .
Budget Workshop-August 19, 2015 from 8:30a.m. to 11:00 a.m.
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President Moss adjourned the meeting at 12:40 a.m.
Jim M9 ( President
v
Kevin R. Carr, Secretary
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