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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 1 of9 Trophy Club Municipal Utility District No. 1 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 2 of9 Trophy Club Municipal Utility District No . 1 July 21 , 2015 Regular Meeting Minutes ·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. 3 of9 Trophy Club Municipal Utility District No . 1 July 21 , 2015 Regular Meeting Minutes 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. 4 of9 Trophy Club Municipal Utility District No . 1 July 21, 2015 Regular Meeting Minutes 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) 5 of9 Trophy Club Municipal Utility District No . 1 July 21, 2015 Regular Meeting Minutes 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 6 of9 Trophy Club Municipal Utility District No . 1 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. 7 of9 Trophy Club Municipal Utility District No . 1 July 21 , 2015 Regular Meeting Minutes 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. 8 of9 Trophy Club Municipal Utility District No. 1 President Moss adjourned the meeting at 12:40 a.m. Jim M9 ( President v Kevin R. Carr, Secretary 9 of 9 July 21, 2015 Regular Meeting Minutes