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HomeMy WebLinkAbout2016-0216 Regular Meeting minutesTrophy Club Municipal Utility District No . 1 February 16, 2016 Regular Meeting Minutes REGULAR MINUTES TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS February 16, 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 February 16,2016 at 6:00P.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 Neil Twomey Kevin Carr Jim Thomas Jim Hase STAFF PRESENT: President Vice President Secretary/Treasurer Director (arrived at 6:02 p.m .) Director Jennifer McKnight General Manager laurie Slaght District Secretary Renae Gonzales Terri Sisk Finance Manager Administration Manager Water Superintendent Wastewater Superintendent Fire Chief Mike McMahon Karl Schlielig Danny Thomas Pam Liston Kevin Glovier General legal Counsel (arrived at 6:02 p.m.) CP&Y CALL TO ORDER AND ANNOUNCE A QUORUM President Moss announced the date of February 16, 2016, called the meeting to order and announced a quorum present at 6:00p.m. CITIZEN PRESENTATIONS REPORTS & UPDATES 1. Fire Department Report for January 2016 a.Operations Report b. Volunteer Recruitment Report Chief Thomas presented the fire department operations r eport to the Board and answered questions related thereto. Director Carr clarified that the Automatic Aid Agreement only pertains to fire calls , not EMS . Chief Thomas stated the agreement covers structure f i re calls only within Trophy Club, Roanoke and Westlake . Chief Thomas stated that when an automatic aid request is dispatched and there is a five person shift on duty, the engine -and three firefighters respond ; if there is a four person shift on 1 of 8 Trophy Club Municipal Utility District No . 1 February 16, 2016 Regular Meeting Minutes duty, the engine and two firefighters respond. Director Carr asked Chief Thomas who covers our fire station if we have staff assisting on an automatic aid call. Thomas said that with the mutual aid agreements in place, Southlake, Grapevine, Flower Mound, or Colleyville will cover our station. He said that Grapevine Fire Department has covered our station a few times recently. Director Twomey stated that he had met with the Fire Chief and Mr. Opipare (the "Fire Committee") regarding the ESCI recommendations . Twomey provided the Board a draft copy of the short term recommendations from ESCI and their current status for implementation. He said he, Mr. Opipare and Chief Thomas will be meeting monthly and continue to update the list as recommendations are implemented moving forward . Twomey added that ESCI found many deficiencies that need to be addressed including: SOG's and disaster recovery planning. Twomey stated he is especially concerned about disaster planning because according to Mr. Opipare the last disaster drill conducted was in 1999. Twomey said that once the SOG's are adopted the Town plans to use the software LexPool to update as National Standards and new regulations are implemented. He stated the software will make it easier to manage and update the SOG's in the future. Twomey added that the ESCI study noted a deficiency in response time from the time the call is dispatched to the station and the time the equipment arrives on scene. There is a "tough book" type of computer in the cab of the fire equipment that has a button that the firemen press which notes the time and lets the dispatcher know that the equipment is in route to the location. Chief Thomas was able to obtain a report from Denton County Sherriff's Office which shows the time the call was dispatched, when the equipment left the station and when it arrived on the scene. This is an issue the committee will be addressing for i mprovements. Director Twomey provided the Board with a copy of the job description for the Fire Chief position. He informed them the job description has not been updated in at least 15 years and ESCI recommended it be revised. Twomey invited the Board's input to update the job description and said the committee will meet again the first week of March. Director Carr confirmed with the Fire Chief that the SOG's had been sent for legal review. CONSENT AGENDA 2. Consider and take appropriate action to approve the Consent Agenda. a. January 2016 Ch~ck Register b. January 19, 2016 Regular Meeting Minutes c. Resolution No. 2016-0216A approving submittal of Water Smart Application to the Association of Water Board Directors d. Declare surplus property and authorize disposal by General Manager Director Twomey removed item b. (January 19, 2016 Regular Meeting Minutes) from the Consent agenda and requested additional details be included and then brought back to the March meeting. Motion made by Director Twomey and seconded by Director Carr to approve consent agenda items a., c. and d. as presented. 2 of 8 Trophy Club Municipal Uti lity District No . 1 February 16, 2016 Regular Meeting Minutes Motion carried unanimously REGULAR SESSION 3. Consider and take appropriate action to award bid for replacement of fences at Lift Station No. 6 and Lift Station No.7. General Manager McKnight stated we budgeted for fence replacement at Lift Station No . 6 and No . 7 as they are both in disrepair. Bids were let and two alternates were requested for Lift Station No . 6: alternate one included cedar fence and alternate two included composite fence. Cedar fence only was bid for Lift Station No . 7. McKnight stated that staff recommends awarding the bid to the low bidder, Diamond Fence, to include alternate one at Lift Station No. 6. Motion made by Director Carr and seconded by Director Twomey to award the bid to Diamond Fence for replacement fencing at Lift Station No. 6 using alternate number one and for Lift Station No. 7 in an amount not to exceed $15,592.24. Motion carried unanimously 4 . Consider and take appropriate action regarding submittal of request for World Trade Center Steel for display at District Fire Station. General Manager McKnight explained she and President Moss received a request from Town Council Member Jim Parrow to have the Board consider applying for a piece of World Trade Center steel to incorporate into a display at the Fire Station . McKnight stated staff designed a possible display that could be placed near the flag pole at the station. She stated the estimated cost for the display is $5,000 and would require a small section of steel (between 18" and 3' long). McKnight also noted that if the District is approved it may be required that someone travel to New York to pick up the stee l as they may be unable to ship or deliver it to the District. Motion made by Director Moss and seconded by Director Twomey to authorize the General Manager to submit a letter to request a piece of steel from the World Trade Center. Motion carried unanimously 5. Consider and take appropriate action regarding possible funding sources for future water system upgrades based on priorities outlined in the Water System Study presented by CP&Y /Wallace Gr oup at the workshop held February 5, 2016 . Motion made by Director Hase and seconded by Director Carr to have the ammonia feed system estimated at a cost of $176,000 to be funded out of cash reserves and begin the project as soon as possible. Discussion ensued . Director Thomas asked what impact funding from reserves will have on cash reserves . McKnight stated after the estimated amount for the ammonia system is subtracted there should be a little over $400,000 left in cash reserves. Motion amended by Director Carr to direct staff to look into creative ways to finance the remaining items listed as priorities in the water system study. 3 of 8 Trophy Club Municipal Utility District No . 1 February 16, 2016 Regular Meeting Minutes Director Hase stated that since the audience does not have the priority list being discussed he would like to list them. He stated they include: 1. Ammonia feed system at an estimated cost of $176,000 2. Water line from pump station to east elevated storage tank estimated at $2.18 million 3. Upgraded Fort Worth water supply line to Westlake pump station at an estimated cost of $4.4 million and then continuing with a 24-inch line to the water plant at an estimated cost of $13 million 4. Improvements to upgrade three high service pumps at an estimated cost of $240,000 each, and 5. Build a third ground storage tank at the police station site after the Town relocates at an estimated cost of $3 million Hase stated that overall the costs for these upgrades is about $23 million to be spread over time. Director Twomey seconded Carr's amendment to the motion. Director Hase stated that as we move forward the Board will need to decide funding options. He stated some upgrades could be funded through tax bonds, some through revenue bonds, and/or through a blend of the two types of bonds. Director Twomey stated that while interest rates are low he would like to explore obtaining a three-year note to fund the ammonia system instead of using reserves. He stated this could be planned to be issued next fiscal year. McKnight noted that because the District is involved in a rate challenge obtaining bank financing may be difficult until it's finalized. Motion amended by Director Twomey and seconded by Director Hase to have staff explore a three- year note to replenish reserves expended this fiscal year for the ammonia system. Director Hase asked if there is a critical need to start the project now or can it wait until next fiscal year. McKnight stated that as the weather heats up it becomes more and more difficult to maintain the needed disinfection residual in the water. She stated that we are getting less and less free ammonia from Fort Worth so the project is critical before peak summer usage occurs . McKnight stated the project will take about four to five months to complete and will require construction of a small building to house the ammonia system. Director Thomas asked that staff get with the Town permitting as soon as possible to prevent problems like were encountered with the wastewater plant project on permitting. President Moss called for the vote. Motion carried unanimously 6. Consider and take appropriate action to approve engineering proposals from CP&Y/Wallace Group including: a.Design of stabilized blocking for aerial sewer line at creek crossing. b. Design of ammonia feed system at water plant. General Manager McKnight asked the Board to consider item b. first as she has a presentation for item a. 4 of 8 Trophy Club Municipal Utility District No . 1 February 16, 2016 Regular Meeting Minutes Motion made by Director Thomas and seconded by Director Twomey to approve the engineering proposal in an amount not to exceed $35,130 for the design of an ammonia feed system at the water plant. Motion carried unanimously General Manager McKnight gave a presentation and overview of the aerial crossing sewer leak that took place at the wastewater treatment plant. McKnight explained that at approximately 1:45pm on January 29, 2016, District personnel noted a reduction in influent flow to the wastewater treatment facility. At about 2:15 pm staff discovered that a sanitary sewer line had ruptured as a result of a large tree limb that fell on the line at an aerial crossing on U.S. Army Corps of Engineers property. The District called a contractor for an emergency repair and the rupture was plugged at 3:45 pm . The District contacted TCEQ at 3:20 pm to inform them of the leak and repair. After the repair the area of the leak was disinfected by staff. On February lOth representatives of the TCEQ and the US Army Corps of Engineers (USACE) met with District staff at the site for an inspection and collection of stream samples. McKnight said she also met with USACE on February 12th and a remediation was conducted in the creek February 12th -18th. Monitoring of the sewer line and temporary repairs indicated that a portion of the wastewater line was "sagging," thereby threatening the structural i ntegrity of the line. On February 16th the District hired a contractor to place an "overhead cradle" around the pipe to pull it into a straight position to prevent failure. The District's engineer has determined that a segment of the line must be permanently replaced as soon as possible to prevent a rupture and subsequent spill into the underlying waterway. McKnight said that to perform the final repair it will be necessary to first submit plans to TCEQ for emergency repair approval and is seek expedited approval from the USACE to conduct a permanent emergency repair. The USACE process includes biological and archeological surveys and plans for cleanup and mitigation to replace trees and vegetation. Motion made by Director Twomey and seconded by Director Carr to approve the engineering proposal in the amount of $20,770 for design of stabilization blocking for the aerial sewer line as stated in packet, authorize the General Manager to submit plans to TCEQ for the emergency repair, and obtain the required archeological and environmental surveys. Motion is amended by the first and the second to include the repair cost up to $180,000. Motion carried unanimously 7. Consider and take appropriate action to approve matters related to May 7, 2016 General Election : a. Order No. 2016-0216 calling the May 7, 2016 General Election b. Notice of Appointment of Agent c. Joint Election Agreement and Contract for Election Services with Denton County d. Joint Election Agreement and Contract for Election Services with Tarrant County e. Authorize General Manager to sign and execute all necessary documents f. Other necessary actions as may be required for the May 7, 2016 General Election Motion made by Director Twomey and seconded by Director Carr to approve matters related to May 7, 2016 General Election, including Order No. 2016-0216 calling the May 7, General Election, Notice of Appointment of Agent, the Joint Election Agreement and Contract for Election Services with Denton County, the Joint Election Agreement and Contract for Election Services with Tarrant County, and to authorize the General Manager to sign and execute all necessary documents. 5 of8 Trophy Club Municipal Utility District No . 1 February 16, 2016 Regular Meeting Minutes Motion carried unanimously 8. Discussion regarding status of appeal of retail water and sewer rates pending with the Public Utility Commission of Texas . General Manager McKnight provided the Board with an update following the February 11, 2016 meeting with Publ ic Utility Commission of Texas. She stated the preliminary order was approved to set the issues to be addressed in future proceedings before the Administrative Law Judge . Renae Gonzales, Finance Manager, stated that $29,147.80 has been paid out of the legal retainer and approximately $50,852.20 is remaining . An estimated 17 .5 hours of staff time has been exerted but that does not include recent travel or travel expenses. 9. Presentation and discussion with Legal Counsel regarding requirements of Texas Open Meetings Act and Texas Public Information Act. Pam Liston, General Legal Counsel reviewed the Texas Open Meetings Act and the Texas Public Information Act with the Board . 10. Consider and take appropriate action regarding the January 2016 combined financials and variance report. a. Combined financials b. Variance report Motion made by Director Carr and seconded by Director Thomas to approve the January 2016 combined financials and variance report. Motion carried unanimously REPORTS & UPDATES 11. General Manager Monthly Report for January 2016 a. Water System Operation b. Wastewater System Operation c. Website Analytics d. Technology-Replacement software for Win ocular e. Finance Update •Utility Billing Reports •Permits Collected f. Project Status Updates •Pebble Beach, Timberline, and Pin Oak Court water line upgrade project •Campus Circle Water Line Relocation Project •Wastewater Treatment Plant Upgrade Project General Manager McKnight presented the monthly report for January 2016 and answered questions related thereto. McKnight stated that the District was notified that the Winocular document storage system will no longer be supported and staff will be meeting with the District IT provider to discuss an alternate software. 6 of 8 Trophy Club Municipal Utility District No. 1 February 16, 2016 Regular Meeting Minutes McKnight stated regarding the Pebble Beach, Timberline, and Pin Oak Court water line upgrade project that the water lines have been replaced on Pebble Beach and Pin Oak and crews are now working on Timberline. Regarding the Campus Circle Water Line Relocation Project, delays were encountered due to several initial change orders from the contractor and the implementation of H. B. 1295 . She explained that H.B. 1295 requires contractors to register with the Texas Ethics Commission each time a contract is issued or a change order is requested. Because this process was new for everyone staff worked with the contractor to get this first project registered online. McKnight also said the Wastewater Treatment Plant project is moving along and great progress is being made. The Board convened into Closed Session at 8:45 p.m. CLOSED SESSION 12.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 involving pending or contemplated litigation or settlement offers: a. Terms of lnterlocal Agreement for Fire Department Personnel Services with Town of Trophy Club . b. Terms of lnterlocal Agreement for Contractual Personnel Services with Town of Trophy Club . c. Terms of lnterlocal Agreement(s) with the Town of Trophy Club for relocation of a 12-inch water line and for water and sewer service to the future Town Hall Building. d. Legal advice regarding ownership of Annex building at 100 Municipal Drive . e. Appeal of retail water and sewer rates pending with the Public Utility Commission of Texas. The Board reconvened into Regular Session at 10:18 p.m. REGULAR SESSION 13.Consider and take appropriate action regarding Closed Session items . Regarding Closed Session item 12a: Terms of lnterlocal Agreement for Fire Department Personnel Services with Town ofTrophy Club: Motion made by Director Twomey and seconded by Director Hase to direct the General Manager to communicate with the Town Manager that the District awaits the submission of the new draft interlocal agreement as described in the Town Council Meeting on January 26, 2016. Motion carried unanimously Director Carr stated that regarding Closed Session item 12c: Terms of lnterlocal Agreement(s) with the Town of Trophy Club for relocation of a 12-inch water line and for water and sewer service to the future Town Hall Building, "At this time the General Manager has requested information from the Town in which we still have not received a response . No act ion will be taken on this item until those responses are received." Regarding Closed Session item 12e: Appeal of retail water and sewer rates pending with the Public Utility Commission of Texas: 7 of 8 Trophy Club Municipal Utility District No. 1 February 16, 2016 Regular Meeting Minutes Motion made by Director Carr and seconded by Director Twomey that John Carlton will be at our meeting on March 23, 2016 and at that time he will be giving a public presentation. I would like the General Manager and attorneys reach out to the MUD petitioner meet with attorney John Carton at that time and to reach a resolution of the petition and resolve the matter without incurring cost of $150,000 plus to the residents. Clarification on the motion, have the attorneys meet with the petitioner and the General Manager and report back to the Board. Motion carried unanimously 14.1tems for future agendas: ·Update from Fire Committee ·AT&T contract ·Solana communication-rate comparison letters ·meter change out monthly update 15.Announce next regular meeting date: Wednesday, March 23, 2016 at 6:00p.m. ADJOURN President Moss adjourned the Meeting at 10:23 p.m . Jim Kevin R. Carr, Secretary 8 of 8