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HomeMy WebLinkAbout2015-08-18 Regular Meeting MinutesTrophy Club Municipal Utility District No . 1 August 18 , 2015 Regular Meeting Minutes REGULAR MEETING TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS August 18, 2015 at 4:30P.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 August 18, 2015 at 4:30 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 § DISTRICT BOARD MEMBERS PRESENT Jim Moss Neil Twomey Kevin Carr Jim Thomas Jim Hase STAFF PRESENT: Jennifer McKnight Laurie Slaght Terri Sisk Karl Schlielig Mike McMahon Danny Thomas Pam Liston GUESTS PRESENT: President Vice President Secretary/Treasurer Director Director General Manager District Secretary Administration Manager Wastewater Superintendent Water Superintendent Fire Chief General Legal Counsel David Crawford Attorney with Purdue, Brandon, Fielder, Collins, & Mott, L.L .P. CALL TO ORDER AND ANNOUNCE A QUORUM President Moss announced the date of, 2015, and called the meeting to order and announced a quorum present at 4:30p.m . The Board of Directors convened into Closed Session at 4:32p.m. CLOSED SESSION The Board will conduct a Closed Session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following : 1. 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. Potential terms of an agreement with the Town of Trophy Club to allow for issuance of building permits for improvements at wastewater treatment plant site . 1 of6 Trophy Club Municipal Utility District No . 1 August 18 , 2015 Regular Meeting Minutes b . Potential legal action regarding Town of Trophy Club decis ion regarding wastewater treatment plant facilities upgrade and site. c. New service commitment obligations for water and wastewater service. 2. Deliberations pursuant to Section 551.074(a)(1) of the Texas Open Meetings Act regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee : Jennifer McKnight, General Manager The Board reconvened into Regular Session at 6:02 p.m. REGULAR SESSION 3.Consider and take appropriate action regarding Closed Session items. The Board took no action regarding Closed Session items. CITIZEN PRESENTATIONS Lou Opipare CONSENT AGENDA 4.Consider and take appropriate act ion to approve the Consent Agenda. a. July 2015 Check Register b. July 21, 2015 Regular Meeting Minutes c. Resolution No . 2015-0818 designating account rights for bank accounts at Prosperity Bank d. Declare surplus property and authorize disposal by General Manager e. Agreement for delinquent tax collection with Purdue , Brandon, Fielder, Collins, & Mott, L.L.P . Director Thomas requested to remove item b. from the Consent Agenda. Director Thomas would like to have the minutes contain the General Manager's comments from her Manager's Report included in the minutes. Director Carr requested to remove item e. to obtain further information from by legal counsel. Motion made by Director Twomey and seconded by Director Carr to approve Consent Agenda items a., c. and d. as presented. Motion carried unanimously Regarding item e ., David Crawfo r d, Attorney with Purdue, Brandon , Fielder, Col li ns, & Mott, L.L.P., stated his firm collects delinquent taxes on the District's behalf and has done so for many years . Director Twomey stated that in the past his firm provided reports to the Board on tax collections and asked if those reports can again be obtained . Mr. Crawford said he is able to provide reports at any frequency the Board wishes to receive them . Director Carr stated that when Mr. Crawford 's firm performed delinquent tax collection for MUD No . 2, they were very pleased w ith their services. Motion made by Director Hase and seconded by Director Carr to approve the agreement for delinquent tax collection with Purdue, Brandon, Fielder, Collins, & Mott, L.LP . and to receive quarterly delinquent tax collection reports. Motion carried unanimously 2 of6 Trophy Club Municipal Utility District No . 1 August 18 , 2015 Regular Meeting Minutes S.Consider and take appropriate action to approve a Dual Obligee Rider and General Purpose Rider identifying the Town of Trophy Club as a Dual Obligee on the Maintenance Bond for the construction of public improvements for Cante r bury Hills Phase Ill and Waters Edge at Hogan's Glenn Phase Ill Subdivisions. General Manager McKnight stated that legal has reviewed this form and the District's non-standard service agreement states that after construction is completed and prior to the District taking ownersh i p of the infrastructure that the developer must provide us a two year ma i ntenance bond . BDMR Development Inc ., had previously entered into an agreement with the town providing a maintenance bond for all of the public improvements. At this time, the bonding company will not allow BDMR to issue an additional performance bond to the Distr ict , but they w i ll allow them to add a rider that lists the town and the District as separate entities on the dual obligee rider and this will allow the District to file on the bond if any problems with the water or sanitary sewer system were to occur . The rider would allow us to do this . She also stated that the amounts in the rider in the packet are incorrect but that they are correcting them before it would be issued . Motion made by Director Thomas and seconded by Director Carr to approve a Dual Obligee Rider and General Purpose Rider identifying the Town of Trophy Club as a Dual Obligee on the Maintenance Bond for the construction of public improvements for Canterbury Hills Phase Ill and Waters Edge at Hogan's Glenn Phase Ill Subdivisions with the corrected infrastructure cost. Motion carried unanimously 6. Consider and take appropriate action to approve an Automatic Aid Agreement for Fire Services with Roanoke Fire Department. Chief Thomas apologized to the Board of Directors for his disrespectful behavior at the previous meeting . Director Thomas asked the Fire Chief if this agreement would benefit the ISO ratings of the part i es involved. Chief Thomas stated it would. Director Carr asked the Chief for clarification as to the ISO ratings . The chief stated that Westlake has a rating of 4 of 9, Roanoke has a rating of 4 of 9 and the District has a rating of 3 of 9 . The Chief stated that Roanoke is likely to see a benefit in its ISO rating, however, the District will not. Director Twomey asked Resident Lou Opipare for his op i nion regarding the Automatic aid agreement that Chief Thomas presented tonight. Mr. Opipare stated that he believes this is a very good agreement for the District. Chief Thomas stated the agreement is for structure fires only. Roanoke and Westlake will each send an engine and 3 people to a structure fire per the automatic aid agreement . Chief Thomas stated that when they are at a structure fire in Westlake or Roanoke, that Grapevine, Flower Mound or Southlake will be cover i ng Trophy Club through mutual aid agreements. Motion made by Director Hase and seconded by Director Thomas to approve an Automatic Aid Agreement for Fire Services with Roanoke and Westlake Fire Departments. Motion carried unanimously 3 of 6 Trophy Club Municipal Utility District No. 1 August 18, 2015 Regular Meeting Minutes ?.Consider and take appropriate action to approve bid and award contract for annual generator maintenance services and to authorize the General Manager to execute the necessary documents. Motion made by Director Carr and seconded by Director Twomey to approve the bid and award the contract for annual generator maintenance services to Cantwell Power Solutions LLC for an annual amount of $4300.00 and authorize the General Manager to execute the necessary documents. Motion carried unanimously 8. Consider and take appropriate action to ratify approval of change order no. 1 to the Pebble Beach, Timberline, and Pin Oak Court Water Improvements Project contract for an increased amount of $5400 for bore of water line under mature tree. Motion made by Director Thomas and seconded by Director Carr to ratify approval of change order no. 1 to the Pebble Beach, Timberline, and Pin Oak Court Water Improvements Project contract for an increased amount of $5400 for bore of water line under mature tree. Motion carried unanimously 9 .Consider and take appropriate action regard i ng the July 2015 financials. a.Combined Financials b .Variance Report Motion made by Director Carr and seconded by Director Twomey to approve the July 2015 combined financials and variance report. Motion carried unanimously REPORTS & UPDATES 10.General Manager Monthly Report for July 2015 a. Water System Operation b . Wastewater System Operation c.Website Analytics d .Finance Update •Utility Billing Reports •PID Connections •Permits Collected e. Project Status Updates •Wastewater treatment plant upgrade project •Water line relocation project in Solana •Pebble Beach, Timberline, and Pin Oak Court water line upgrad e project •Wate r System Study f.Fire Assessment Study General Manager McKnight presented her monthly update to the Board . McKnight gave the following information to the Board regarding the Capital Project status updates: •Was t ew ater Trea tment plant upgrad e project -As of August 201h, this project has been on hold 4 of 6 Trophy Club Municipal Utility District No. 1 August 18,2015 Regular Meeting Minutes awa iting the Town of Trophy Club to issue permits. •Water line relocation project in Solana -The District has advertised and will accept bids on August 28th . The Board plans to hold a special meeting to award the contract on September 2nd . •Pebble Beach, Timberline, and Pin Oak Court water line upgrade project -On Pebble Beach crews have finished installing the temporary water line and as of August 20th have laid approximately 250 feet of new water line. They anticipate completion at the end of August •Water System Study-the water model is 75% complete •Fire Assessment Study update-field work has been completed. Director Thomas asked for information regarding the website analytics included in the packet. General Manager thoroughly explained the information contained in the analytics pages . 11.Fire Department Report for July 2015 a.Operations Report b.Volunteer Recruitment Report Chief Thomas presented the operations report to the Board . Chief stated there has not been much activity for volunteer recruitment, however he has been working a lot with the volunteers that he has , stating he sent 2 volunteers to Texas A&M for Fire training and had the State Fireman and Fire Marshall Regional Coordinator at the station for training . The Board reconvened into Closed Session at 6:58 p.m. CLOSED SESSION The Board will conduct a Closed Session pursuant to Texas Government Code, annotated, Chapter 551 , Subchapter D for the following : 1. 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 Profess ional Conduct of the State Bar of Tex as clearly conflict with the Open Meetings Act and/or matters of pending or contemplated litigation : a. Potential terms of an agreement with the Town of Trophy Club to allow for issuance of building permits for improvements at wastewater treatment plant site. b. Potential legal action regarding Town of Trophy Club decision regarding wastewater treatment plant facilities upgrade and site. c. New service commitment obligations for water and wastewater service. 2. Deliberations pursuant to Section 551.074(a)(1) of the Texas Open Meetings Act regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Jennifer McKnight, General Manager The Board Reconvened into Regular Session at 8:51 p.m. REGULAR SESSION Motion made by Director Twomey and seconded by Director Thomas authorizing the District legal counsel to contact the Town Attorney and advise the Town of the District's position regarding the recently approved preliminary plat approved by the Town Council and to authorize the District legal counsel to take appropriate legal action if necessary. 5 of 6 Trophy Club Municipal Utility District No. 1 August 18,2015 Regular Meeting Minutes Motion carried unanimously Director Twomey stated that recently the General Manager contacted TCEQ and verified the District responsibility to meet the d ischarge limits in the permit as a permit holder. The agreement says the permittee has the duty to comply with all conditions of the permit. Failure to comply with the requirements of the permit, constitutes a violation of the permit and Texas Water Code and Texas Health and Safety Code and is grounds for enforcement actions for permit revocation, suspension or permit renewal denial or permit denial for application for another facility. It shall not be a defense w ith permittee in enforcement action that it would have been necessary to halt or reduce permit activity in order to maintain compliance with conditions of the permit. The permittee will take all responsible steps to minimize or prevent any discharge or sludge, use of disposal or any other permit violation that has any likelihood to reasonably affect human health or the environment. Director Twomey added that the peak organic treatment capacity is reached at 875,000 gallons and the average daily flow per day for the last 3 months is about 1.1 million gallons per month. Regarding Closed Session items 1 b. and 1 c., a motion was made by Director Twomey and seconded by Director Carr that the District will not commit to any further sewer connections until the District can adhere to the compliance schedule for construction improvements at the wastewater treatment plant. Motion carried unanimously Motion made by Director Carr seconded by Director Twomey regarding item 1 b. to suspend work on the wastewater plant for up to 90 days as the delays are costing the District approximately $92,000 per month, and direct the General Manager or the District Engineer to notify the contractor. Motion carried unanimously 12.1tems for future agendas : 13 .Announce upcoming meeting dates : Regular Meeting dates set: September 15, 2015 at 1 :00 p.m . October 20, 2015 at 1 :00 p.m. Special Meeting date : August 28th 10:00 a.m . Meeting Adjourned at 9:06p.m. 6 of 6