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HomeMy WebLinkAbout2015-08-27 Special Meeting MinutesTrophy Club Municipal Utility District No. 1 August 27, 2015 Special Meeting Minutes SPECIAL MEETING TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS August 27, 2015 at 2:00P.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 Special Session on August 27, 2015 at 2:00 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 § DISTRICT BOARD MEMBERS PRESENT: Jim Moss Jim Hase Kevin Carr Jim Thomas Neil Twomey STAFF PRESENT: President Vice Pres ident Secretary/Treasurer Director arrived at 2:03 p.m . Director (via Skype) Jennifer McKnight General Manager Laurie Slaght District Secretary Norlynn Price Attorney CALL TO ORDER AND ANNOUNCE A QUORUM President Moss announced the date of August 27, 2015, and called the meeting to order and announced a quorum present at 2:00 p.m. The Board of Directors convened into Executive Session at 2:02 p.m. EXECUTIVE SESSION 1. The Board will conduct an Executive Session pursuant to Texas Government Code Section 551.071 Consultation with Attorney to receive advice from the District's attorney about pending or contemplated litigation o r a settlement offer related to: 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 permitting requirements for wastewater treatment plant facilities upgrade and site . The Board reconvened into Special Session at 4:37 p.m . SPECIAL SESSION 2. Cons ider and take appropriate action regarding item(s) discussed in Executive Session. Director Carr asked General Manager McKnight for clarification if a response had been received 1 of 3 Trophy Club Municipal Utility District No . 1 August 27, 2015 Special Meeting Minutes regarding a motion that had been made by the Town council last week directing the town attorney, Patricia Adams to respond to the District's letter. McKnight stated the District rece ived a response to the letter this afternoon. Director Carr stated that on August 17, 2015 District legal counsel, Pam Liston sent the Town Manager or the Town Attorney a letter of protest in regards to Section 6.01 of the Town ordinance and asked if a response had been received. McKn ight stated a response to the letter has not been received . Director Carr read the Town of Trophy Club, Code of Ordinances, Chapter 12, Article VI, Section 6.01 which states: "Any person or entity contesting any disapproval and/or the interpretation and/or the application of any rule, standard, regulation, determination, requirement or necessity set forth in these Regulations shall have the right to have a hearing before Town Council. Such appeal shall be filed in writing within seven {7) days of the adverse determination in accordance with the requ i rements of these Regulations. The hearing shall be held within twenty-four (24) days after the date the written request is fi l ed . Decision of the Town Counci l shall be final, and such further appeal shall be in accordance with appropriate law." Director Carr stated he is aware that Attorney Liston's letter was submitted within the required {7) days. Motion made by Director Carr and seconded by Director Hase to request that President Moss communicate to Mayor Sanders that the intent of Attorney Liston's letter dated August 17, 2015 was not meant to be a threat to take legal action. If they took it that way, I myself would apologize for that, but it was only sent with intent of Chapter 12, Article VI, Section 6.01 which I just read from the Town ordinance, which requires 7 day notice to protest the action taken by council at their August 11, 2015 meeting regarding the District's plat and request a hearing related hereto. Motion carried unanimously Motion made by Director Carr and seconded by Director Thomas to have President Moss communicate to Mayor Sanders that District representatives would like to sit down with Town representatives in good faith to reach a satisfactory agreement that will allow the wastewater treatment plant upgrade and town development to move forward in the best interest of the District, Town and our residents. If accepted, I would like to authorize President Moss to appoint the District Representatives at the next possible meeting. Motion carried unanimously Motion made by Director Thomas and seconded by Director Carr to direct the General Manager to fill out and submit the form immediately that she has received from the town staff asking the Zoning Board of Adjustments for a variance removing the requirement for a 25 foot setback within the MUD's wastewater treatment plant. Motion carried unanimously Director Hase stated that Mayor Sanders informed him that he would be able to get the meeting and associated newspaper requirement set up within about 15 days. 2 of3 Trophy Club Municipal Utility District No. 1 August 27, 2015 Special Meeting Minutes Motion made by Director Carr and seconded by Director Thomas to have President Moss send a letter to Mayor Sanders i nforming him of the decisions made today and asking him to set up the meeting with the Zon i ng Board of Adjustments as soon as possible. Motion carried unanimously ADJOURN President Moss adjourned the Meeting at 4 :43 p.m. 3 of 3