HomeMy WebLinkAbout2016-0119 Regular Meeting MinutesTrophy Club Municipal Utility District No.1 January 19, 2016 Regular Meeting Minutes
REGULAR MINUTES
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
BOARD OF DIRECTORS
January 19, 2016 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 January 19, 2016 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 §
COUNTIES OF DENTON AND TARRANT §
DISTRICT BOARD MEMBERS PRESENT
Jim Moss
Ne i l Twomey
Kevin Carr
Jim Thomas
Jim Hase
STAFF PRESENT:
President
Vice President
Secretary/Treasurer
Director
Director
Jennifer McKnight General Manager
Laurie Slaght District Secretary
Renae Gonzales
Terri Sisk
Mike McMahon
Danny Thomas
Pam Liston
GUESTS PRESENT:
Rod Abbot
Chase McCrea
Josh Millsap P.E.
Jay Reissig P.E .
Lou Opipare
Finance Manager
Administration Manager
Water Superintendent
Fire Chief
General Legal Counsel
Lafollett & Company
JSB Properties, LP.
Bury Inc.
Halff Engineering
32 Crestwood Drive
CALL TO ORDER AND ANNOUNCE A QUORUM
Pres i dent Moss announced the date of January 19, 2016, and called the meeting to order and
announced a quorum present at 6:00p.m.
REPORTS & UPDATES
1. Fire Department Report for December 2015
a. President's announcement of Fire Chief's retirement on June 3, 2016
b. Operations Report
c. Volunteer Recruitment Report
d. Memo dated January 12, 2016 from Fire Chief regarding daily duties, Time Out of Station, and
Training
President Moss announced that Fire Chief Danny Thomas would be retiring on June 3, 2015 . Moss
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stated, "Chief Thomas, 34 years, 15 years as our Fire Chief, a remarkable achievement. Not only that,
you are a highly respected member of our community by all of our residents as well as by all of the
government people. We are truly going to miss you and with your announcement of your retirement on
June 3, I think by now everybody is aware of it and all of us feel bad that this had to happen, but we
know that you're moving on to another area. We want to wish you the best fortune and the best luck.
We are going to miss you Chief Thomas, thank you for your service to us".
Chief Thomas thanked President Moss and the Board .
Chief Thomas presented his monthly reports to the Board and answered questions related thereto.
CONSENT AGENDA
2. Consider and take appropriate action to approve the Consent Agenda.
a. December 2015 Check Register
b. December 15, 2015 Regular Meeting Minutes
c. Quarterly Investment Report: rt Quarter FY 2016
d. Cash Needs
e. Tax Collections Report : rt Quarter FY 2016
f. Partial Release and Abandonment of Easement for sewer line relocated in the Isle of Turn berry
g. Director attendance at Texas Rural Water Association (TRWA) conference to be held in Fort
Worth, Texas March 23-24, 2016.
Motion made by Director Twomey and seconded by Director Carr to approve the consent agenda as
presented.
Motion carried unanimously
REGULAR SESSION
3. Consider and take appropriate action to approve the Fiscal Year 2015 Annual Financial Audit
performed by LaFollett & Company, PLLC.
Rod Abbot with Lafollett & Company, PLLC presented the Board with Fiscal Year 2015 Annual
Financial Audit. Mr. Abbott stated the District received a clean audit.
President Moss thanked the Finance Staff and the General Manager for their hard work to make this
audit a success .
Motion made by Director Twomey and seconded by Director Thomas to accept the Fiscal Year 2015
Audit performed by LaFollett & Company, PLLC as presented.
Motion carried unanimously
4. Consider and take appropriate action to approve bid and award contract for the Solana Campus Ci rcle
12-inch water line relocation project.
General Manager McKnight stated that 4 bids were received and presented the verified bid
tabulations and the letter of recommendation from project engineers with Halff Associates, Inc .
(Halff). Rey-Mar Construction is the low bidder with a bid of $164,280.00 . Halff recommends the
District use Rey-Mar Construction for the Solana Campus Circle Water Line project. McKnight stated
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that the District has worked with Rey-Mar on several projects in the District and staff has always
been satisfied with the quality of their work.
Motion made by Director Twomey and seconded by Director Thomas to approve the bid by Rey-Mar
Construction and award the contract for an amount not to exceed $164,280.00 for the Solana Campus
Circle 12-inch water line relocation project.
Motion carried unanimously
5. Discussion regarding potential Non-Standard Water and Wastewater Agreement with JSB
Properties, Inc. including internal and offsite improvements necessary for service .
Chase McCrea, CFO with Beck Ventures, Inc. presented the Board with an overv iew of the proposal
for the Town Center Non -Standard Service Agreement. Mr. McCrea and Josh Millsap, Senior Vice
President with Bury Civil Engineering, answered questions regarding the development. Mr. McCrea
stated that he and Mr. Millsap had met with McKnight and the meetings were very helpful in
moving the negotiation along .
6. Consider and take appropriate action to approve submittal of Fire Department Standard Operating
Gu idelines (SOG) for legal review and set timeline for final board approval and departmental
implementation.
Lou Opipare told the Board he had received outstanding cooperation from the fire staff, General
Manager and district staff, and the Town staff. Opipare wanted to especially thank Jennifer
McKnight and Danny Thomas for their help with this project.
Opipare stated his objective was to take the SOG's forward for completion and final review.
Opipare believed the delay was a misunderstanding on the Town side as a couple of projects were
being merged together that had nothing to do with each other. The Town Manager informed
Opipare that the Town staff is updating all of their personnel policies and disciplinary procedures .
Opipare stated that the scope of this project was certainly not to point fingers, it was just to get
things moving. "I think what happened to this if I read it right is that this got sucked into that
major effort where it really wasn't part of that, it certainly will be included as part of the major
effort in the documentation but it is just an appendix." Opipare noted that there is a conflict
between revision dates and acceptance dates in the SOGs. The acceptance date is when the actual
section and the basic outline was accepted for inclusion in the book The revision date is when
input was gathered and the document was updated to reflect the input.
Director Carr stated "anytime you do a revision, you always have a sign off on it. I understand what
you are saying and I don't have any problem with that. It is just that when you revise it, you should
have a log at the front or the back of the SOP of all the revisions that were done so someone can go
back and see the history of what was changed and the date it was changed. But it should have a
write off or a sign off according to the SOP's that the committee reviews and signs off. It should
have some sort of sign off to say that revision was approved on this date, not when the actual
process was created or anything with that. That is my opinion." Opipare agreed that a revision log
needs to be added .
Director Carr wants to have the District General Manager approve the Fire SOG's and the Town
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Manager approve the EMS SOG's . Opipare disagrees as the fire staff do both jobs. Opipare added
that he received the same responsive feedback from the Town Manager.
Director Carr feels there are discrepancies within appendix 102 regarding absences and overtime
and want this SOG to refer to the Town policy as the fire staff are town employees . Opipare stated
that the Towns policy is appendix 110 of the SOG's . Carr wants appendix 102 updated to refer to
the Town policy.
The board requested that the following changes be made to the current SOG's :
•Approval date/revision date with a log
•Number pages
•Remove language stating approval is needed by Town Manager for Fire policies
•Address automatic aid
•Section 102-vacation-change wording to refer to Town policy
Motion made by Director Carr and seconded by Director Twomey to approve the final draft of the Fire
SOG's with the above changes implemented and have the final draft sent to legal counsel for review.
Motion carried unanimously
7. Consider and take appropriate action regarding key recommendations from Emergency Services
Consulting International (ESCI) Report from December 2015. (Twomey)
Director Twomey stated that there were a number of recommendations in the final report from
ESCI and he believes the Board should follow up to ensure they are implemented. Director
Twomey would like to meet with the Fire Chief once a month to review the progress with
implementing the recommendations.
Director Thomas would like to make sure it is determined who the Fire Chief reports to prior to
anyone addressing issues with the Board. Twomey stated the issue of who the Fire Chief reports to
needs to be addressed in the interlocal agreement with the Town and that will be addressed.
Twomey added that there are other recommended changes from ESCI that need to be reviewed
and he would like to start the process for implementing those changes now.
Motion made by Director Twomey and seconded by Director Carr to follow up on the ESCI report
recommendations and to nominate himself and lou Opipare to work with the Fire Chief and provide a
report to the board monthly.
Motion carried unanimously
8. Consider and take appropriate action regarding status of water system study by the Wallace
Group/CP&Y Engineering and set the date for Board Workshop to review and discuss the results.
(Carr/Hase)
The Directors will send the General Manager the dates that they are available to hold a workshop
during first week of February.
Discussion Only, No action taken
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9. Discussion regarding status of appeal of retail water and sewer rates pending with the Public Utility
Commission of Texas.
General Manager McKnight presented the Board with a status update regarding the filings with the
Public Utility Commission for the appeal of water and sewer rates . She stated a timeline and filings
are available on the District website.
To date, the District has spent $17,425 .30 on legal fees representing the District tax payers. Those
funds have been paid from the $80,000 legal retainer.
Discussion Only, No action taken
10. Consider and take appropriate action regarding a contract extension with AT&T for tower use at
2114 TW King Road.
Motion made by Director Twomey and seconded by Director Carr to table this item and have the
District staff provide General Legal Counsel with the information needed to propose a more fair and
equitable contract and have District Staff present it at a future meeting.
Motion carried unanimously
11. Consider and take appropriate action regarding enforcement of drought restrictions . (J. Thomas)
Director Carr would like to have the District enforce the current directives in the Drought Policy by
enforcing administrative policies. Director Twomey feels that enforcement of the policy belongs to
the Town and not the District. General Manager McKnight stated that the District's Rate Order
states that an admin istrative penalty can be added to the customer's bill if violations are seen by
staff and the Town has an ordinance allowing law enforcement to issue citations .
Motion made by Director Carr and seconded by Director Thomas to continue education programs and
enforce the administrative penalties that are allowed by the Drought policy giving customers one
notice of violation and then applying the administrative penalty to their bill.
For: Carr
Against: Moss, Twomey, Hase and Thomas
Motion Failed 4-1
12. Consider and take appropriate action regarding security at District buildings and facil ities i ncluding:
a. Receive update from Secur ity Committee r egarding their meeting with the Town ofTrophy Club
b. Approve Resolution No . 2016-0119 adopting Building Security and Access Policy as revised by
Security Committee (Twomey/J. Thomas)
c. Provide staff direction regarding purchase of video monitoring system for Svore building (J.
Thomas)
Director Moss would like to have the District provide a badge to the election staff so they can use
the kitchen .
Director Thomas requested this item be moved to Closed Session to seek legal advice from Attorney
Liston. Action regarding the item was taken after closed session.
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13 . Consider and take appropriate action regarding Solana customer annual cost summary and
customer meetings. (J. Thomas)
Director Thomas presented a copy of the adopted water and sewer rates from the Town of
Westlake for the Board to review. General Manager McKnight suggested the Board assign two
directors to deliver the letters to our Solana customers .
Motion made by Director Carr and seconded by Director Hase to have Director Thomas and Director
Twomey present the savings regarding the rates and savings comparisons to our Westlake customers.
Motion carried unanimously
14. Consider and take appropriate action regarding the December 2015 combined financials and
variance report .
a.Combined financials
b. Variance report
Motion made by Director Carr and seconded by Director Twomey to approve the December 2015
combined financials and variance report.
For: Carr, Twomey, Hase and Moss
Absent: Thomas
Motion passed 4-1
REPORTS & UPDATES
15 . General Manager Monthly Report for December 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
•Pebble Beach, Timberline, and Pin Oak Court water line upgrade project
•Wastewater Treatment Plant Upgrade Project
f . Election Calendar for May 7, 2016 Board of Directors General Election
General Manager McKnight presented her monthly update to the Board and answered questions related
thereto.
The Board convened into Closed Session at 8:53 p.m.
CLOSED SESSION
16. 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 i nvolving pending or contemplated litigation or settlement offers:
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a. Contract for Wastewater Treatment Plant Improvements with Webber-Cadagua Partners :
contractor request for damage compensation due to permitting delays .
b. Terms of Non-Standard Water and Wastewater Agreement with JSB Properties , Inc. for the
development known as Trophy Club Town Center.
c. lnterlocal Agreement for Fire Department Personnel Services with Town of Trophy Club dated
January 7, 2013 . (Carr)
d. lnterlocal Agreement for Contractual Personnel Services with Town of Trophy Club dated
January 7, 2013. (Carr)
e. Appeal of retail water and sewer rates pending with the Public Utility Commission of Texas .
The Board reconvened Into Regular Session at 10: 22 p.m.
REGULAR SESSION
17.Consider and take appropriate action regarding Closed Session items .
Regarding Agenda Item 12 (a-c):
Motion made by Director Twomey and seconded by Director Thomas to table the Building Security
and Access Policy. Based on an email that Director Twomey received from the Town Manager today
regarding this policy, the board directs the General Manager to request a list from the Town Manager
of town staff that require access to the water and wastewater facilities and in an effort to plan for the
future, the Board directs the General Manager to commence research on a new security system for
the District facilities.
Motion carried unanimously
Regarding Agenda Item 16b. Terms of Non -Standard Water and Wastewater Agreement w ith JSB
Properties, Inc. for the development known as Trophy Club Town Center.
Motion made by Director Carr and seconded by Director Twomey to make updates in the agreement
as discussed, and authorize the General Manager to execute agreement after review and approval by
legal counsel.
Motion carried unanimously
Regarding Agenda Item 16c. lnterlocal Agreement for Fire Department Personnel Services with Town of
Trophy Club dated January 7, 2013 .
Motion made by Director Carr and seconded by Director Hase to exercise section 6.02 of the contract
to terminate the lnterlocal Agreement with the Town of Trophy Club for Fire Department Personnel
Services.
Motion carried unanimously
Regarding Agenda Item 16d . lnterlocal Agreement for Contractual Personnel Services with Town of
Trophy Club dated January 7, 2013. (Carr)
Motion made by Director Carr and seconded by Director and exercise section 4.01 to terminate the
lnterlocal Agreement with the Town of Trophy Club for Contractual Personnel Services.
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Motion carried unanimously
18.1tems for future agendas:
19.Announce next regular meeting date : February 16, 2016 at 6:00p.m.
ADJOURN
President Moss adjourned the Meeting at 10:28 p.m.
Kevin R. Carr, Secretary
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