HomeMy WebLinkAbout2016-0621 Regular Meeting MinutesTrophy Club Municipal Utility District No.1 July 21, 2016 Regular Meeting Minutes REGULAR MEETING MINUTES TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 BOARD OF DIRECTORS June 21, 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 Regular Session on June 21, 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 Kevin Carr GregW Jim Hase Jim Thomas Bill Rose STAFF PRESENT: Jennifer McKnight Laurie Slaght Renae Gonzales Terri Sisk Mike McMahon Karl Schlielig Pam Liston Patrick Arata Gary Sipes Kevin Glovier, P.E. GUESTS PRESENT: President Vice President Secretary/Treasurer Director Director General Manager District Secretary Finance Manager Administration Manager Water Superintendent Wastewater Superintendent General Legal Counsel Police Chief Fire Captain CP&Y Gil Barnett, P.E. CP&Y CALL TO ORDER AND ANNOUNCE A QUORUM Director Carr announced the date of June 21, 2016, and called the meeting to order and announced a quorum present at 6:00p.m. CITIZEN COMMENTS Jim Parrow 8 Brookfield Court REPORTS & UPDATES 1. Fire Department Report for May 2016 a.Operations Report b. Volunteer Recruitment Report c.Status of fire station building maintenance. (Wilson) 1 of 14
Trophy Club Municipal Utility District No. 1 July 21, 2016 Regular Meeting Minutes Captain Sipes presented the fire operations report for May. Chief Arata stated that there were 4 volunteers that assisted the department with the storms last Sunday. Chief Arata stated that he is working on the Cert program and Red Hat programs for recruitment efforts and hopes to have the training towards the end of July or first part of August. Director Carr thanked the department for their work. Sipes stated that within 26 minutes of the start of the storm there were 4 calls and 3 of those were actual structure fires. Director Rose wanted to thank the department for all of their hard work in such a stressful situation. Director Rose also inquired as to what role radiant barrier might have played in the fires. Director Wilson asked Chief Arata for a status of the repairs. Chief Arata updated the Board with the following list: l.Roof repair 2.AC •server room •upstairs system 1150 •dripping water from ac vents 3.Sheetrock repair 4.Eiectrical System 5. locks-2 doors bay door and stairwell door need to be secured 6. Vehicle exhaust system -system that was used on old building was put into new building (they were under two years old when installed) 7.Garage doors-enhance the doors with a timing system and start preventative maintenance. 8.Piumbing 9.Fiashers on street do not work, there is no push button that will activate the warning light. Opt-icon activates the lights on the street to warn oncoming traffic and if the lights are not on, traffic will not be alerted to watch for the trucks exiting and entering the roadway. Director Carr stated that last August when the maintenance bond was about to expire, the Board was told that there were no issues beyond a small roof leak and that was being repaired at that time. All of the items mentioned tonight would have been covered in the maintenance bond but it has now expired. Director Wilson asked Captain Sipes how all of these issues have been happening and no one working in the fire house has been reporting it. Captain Sipes clarified that these issues were reported to the previous fire chief as was the protocol at that time. Sipes is working on a comprehensive preventative maintenance plan for the fire station. Chief Arata stated that the first priorities are the roof repair and air conditioning and ventilation systems. Director Wilson wants to make sure that someone in the District has oversight to make sure that the fire staff is doing there due diligence. CONSENT AGENDA 2. Consider and take appropriate action to approve the Consent Agenda. a.May 2016 Check Register b.May 11, 2016 Regular Meeting Minutes c. May 18, 2016 Special Meeting Minutes Motion made by Director Rose and seconded by Director Thomas to approve the Consent agenda as 2 of 14
Trophy Club Municipal Utility District No. 1 July 21, 2016 Regular Meeting Minutes presented. Motion carried unanimously REGULAR SESSION 3. Receive remarks from incoming Directors. (Rose) Director Wilson made the following statement: "I just want to thank all of those who supported me in my run for Place 1 and I will do my best to uphold promises that I made when I ran which was to make sure that I act and that we act in a way that inspires trust through transparency and I would encourage you to hold me accountable if I fail to live up to that promise. Thank you for the support". Director Rose made the following statement: "Two years ago the MUD customers began telling me that I should be a MUD Director and I said, I don't think so. A year ago, those asking and telling me that I should run for a position increased dramatically and I continued to resist. By the time I had completed the rate appeal petition filing, one thing was obvious. Our customers, and I say "our" because I am here now, our customers, were not happy with the MUD's attitude, direction or performance. Subsequently, my lovely wife Dee and I had many discussions about MUD issues and she agreed that changes need to occur. Those changes had to start at the Director level. Someone needed to step up. Let me be perfectly clear, being a MUD director just like being a town council member was never on my bucket list. My, 'I love me wall' was completed 40 years ago. Dee and I both have a history of service and she agreed that I should run for office. So I say thank you to my lovely wife and all of those who requested, encouraged and supported my campaign. You wanted change and you were willing to go to the polls and make that point abundantly clear. Considering the active opposition of many MUD directors to my candidacy, the ensuing successful results in the 62 -77% range were frankly surprising. One conclusion is inescapable, our customers are very unhappy with the old MUD. For me, that point was driven home immediately after the polls closed. I was out picking up campaign signs and a gentlemen stopped me, he wanted to know how the election had gone, I explained that early voting results were in and they looked favorable and final results were not yet in. The very next thing he said was, great, how long until we can start seeing some changes? The vote wasn't in, wasn't complete and he is already looking for change. Gentlemen, our customers are looking for change. Change in our attitude, change in direction and change in our performance. I made one promise in my campaign. My focus, my action and my voting will be based on three things: honesty, transparency and fairness. There are a lot of things that the MUD can do. But just because the MUD can do it, doesn't make it right. For example: we can charge for services we don't deliver, I don't think those charges are honest or fair. Charging for services not rendered is simply not the right thing to be doing from my perspective. Doing what is right requires doing the homework, looking at options and dealing in facts. I believe that being honest, transparent and fair will resolve and preclude many issues that the MUD is currently facing or may face in the future. Gentlemen, it is time for the MUD to face forward, it is time to move forward with honesty, transparency and fairness. Once again, my deepest thanks and gratitude to my wife and all those who have supported me in this journey, thank you and let's face forward." 3 of 14
Trophy Club Municipal Utility District No. 1 July 21, 2016 Regular Meeting Minutes Director Carr welcomed Director Wilson and Director Rose to the Board. 4. Consider and take appropriate action to elect the following officers of the Board of Directors: a. President b.Vice President c. Secretary/Treasurer Acting President Carr called for nominations for president of the Board of Directors. Director Rose nominated Director Hase for Board President. For: Wilson and Rose Against: Carr, Hase and Thomas Director Hase nominated Director Carr for Board President. For: Carr, Thomas and Hase Against: Rose and Wilson Director Kevin R. Carr is President of the Board of Directors. Director Thomas nominated Director Wilson for Vice President. For: Carr, Thomas and Hase Against: Rose and Wilson Director Wilson nominated Director Rose for Vice President of the Board. For: Rose and Wilson Against: Carr, Hase and Thomas Director Wilson is Vice President of the Board of Directors. Director Thomas nominated Director Hase for Secretary/Treasurer of the Board. For: Carr, Thomas, Wilson, Rose and Hase Against: None Director Hase is Secretary/Treasurer of the Board of Directors. 5. Obtain Statement of Commitment signatures from Board of Directors confirming District Code of Ethics. Director Rose stated he feels that the Code of Ethics has several violations and he cannot sign it. Attorney Liston stated that the Board must have a code of ethics as stated in Section 49.199 of the Texas Water Code. Director Carr feels it is reasonable to table this item for review. Attorney Liston stated that the Water Code mandates that a code of ethics be in place, the current code of ethics is in place and will be until a new policy is adopted by the Board. Motion made by Director Rose and seconded by Director Wilson to table this item and include and item as "Consider and take appropriate action regarding District Code of Ethics" at the next regular meeting. 4 of 14
Trophy Club Municipal Utility District No. 1 July 21, 2016 Regular Meeting Minutes Motion carried unanimously 6. Consider and take appropriate action regarding the Hydraulic Model and Distribution System Capacity Study performed by CP&Y, Inc. (Rose) Director Rose feels that the hydraulic model and water system study is incomplete or inaccurate. He stated the errors in the model are: Pg 7-population data be corrected and is accurately projected Pg 8-Connection points must be accounted for Pg 9-use multifamily data where appropriate and get granular in calculations Pg 9-no allowance for conservation measures that could be implemented to reduce water needs Pg 10-There is no discussion of peak hour flow from Fort Worth, wants lifespan of line validated against industry standards. Pg 10-Update with current information regarding max gallons per day Pg 13-granular needs and requirements and get projection from Westlake on what they project to be built in remaining space so we can get accurate projection on water needs. PD27 and PD30 granular needs. Pg 14-Well data should be included unless we have data showing that aquifer is going dry. Questions and concerns regarding the need for a third ground water storage tank after looking at the TCEQ section 290.45 and 290.46. If a third tank is needed, Rose would like to have alternate locations considered. General Manager McKnight stated funding for this item may need to be brought back for discussion next month. Motion made by Director Rose and seconded by Director Wilson to direct the General Manager to have the hydraulic model updated. For: Wilson, Rose, Thomas Against: Carr, Hase Motion passed 3-2 7. Consider and take appropriate action to approve the bid and award District Contract No. 2016062101 for Ammonia Feed System Project and authorize the General Manager to execute all necessary documents. Motion made by Director Hase and seconded by Director Carr to approve the bid and award District Contract No. 2016062101 to Fryer Construction for Ammonia Feed System Project for an amount not to exceed $190,300.00 and authorize the General Manager to execute all necessary documents. Motion carried unanimously 8. Consider and take appropriate action regarding design and construction of 9/11 memorial at District Fire Station. Jim Parrow thanked Congressman Burgess for his assistance in obtaining the artifact from the twin 5 of 14
Trophy Club Municipal Utility District No.1 July 21, 2016 Regular Meeting Minutes towers destroyed on September 11, 2001. Parrow discussed the meetings held with District staff and wants to assure the Board that the design work will be completed and donated by Tegue Nail & Perkins. He stated he has also secured a company that will construct the memorial at no cost. Parrow asked the Board to allow him to continue to work on this project and work with Chief Lasky to organize the Patriot's day ceremony. The Board thanked Mr. Parrow and Teague Nail & Perkins for their generosity with this project. Motion made by Director Carr and seconded by Director Thomas to authorize Jim Parrow to obtain a draft design to bring back to the Board for approval along with any estimated cost related thereto. Motion carried unanimously 9. Consider and take appropriate action regarding purchase of fire department equipment and declaration of salvage including: a.Purchase of bunker gear at a cost of $43,033.50 b. Purchase of thermal imaging camera at an estimated cost of $7,918 (with trade-in) c. Declare 1999 thermal imaging camera salvage and authorize disposal by trade-in Captain Gary Sipes and Police Chief Arata would like to have 2 thermal imaging cameras on each truck. Chief Arata will make sure that this is budgeted. Director Carr said that last year the Fire Chief spent $34,000 on a second set of gear and now the department is asking for a second set of gear. Carr would like to know if the bunker gear purchase can be split between two fiscal years. McKnight would like to purchase the bunker gear now as it protects the firefighters and feels that perhaps the building needs could be prioritized and have a few items put into next fiscal year. Captain Sipes explained why it is imperative that the staff be fitted for a second set of gear. Director Wilson agrees with the General Manager that PPE is the priority and that the second priority is the building. Director Carr would like to have someone look at grants for future thermal imaging cameras. Motion made by Director Rose and seconded by Director Hase to approve the purchase of bunker gear with an estimated cost of $43,033.50, approve the purchase of the thermal imaging camera at an estimated cost of $7,918 with trade in, declare the 1999 thermal imaging camera salvage and authorize disposal by trade-in, and to pay for all purchases from the GASB fire department reserve. Motion carried unanimously 10. Consider and take appropriate action regarding fire station building maintenance needs and available funding for repairs. (Carr) Motion made by Director Wilson and seconded by Director Rose to approve the building repairs up to $71,000 and to fund repairs from the fire department GASB account. Motion is amended by the first and second to include a comparison of cost of the ventilation items. Motion as amended carried unanimously 11. Consider and take appropriate action regarding fire protection services including: a. Options for ownership, management and operations of District Fire Department. (Rose) 6 of 14
Trophy Club Municipal Utility District No. 1 July 21, 2016 Regular Meeting Minutes b. Letter from Town of Trophy Club dated June 9, 2016 regarding offer to purchase fire department assets and assuming all responsibilities for the Fire Department operations. (Thomas) c. Second Amended lnterlocal Cooperation Agreement for Fire Protection Services with the Town of Trophy Club to amend section 3.01 (Funding) as outlined in the letter of agreement dated May 2, 2016. (Rose) d. lnterlocal Agreement for Fire Department Personnel Services with the Town of Trophy Club dated January 7, 2013 and previously terminated to be effective October 1, 2016. (Wilson) Regarding item 11(a), motion made by Director Rose and seconded by Director Wilson to rescind the motion made and approved on May 11, 2016 concerning options for ownership of the fire department. Upon consensus from the Board, President Carr moved the Board into Closed to discuss agenda item No. 11 and also agenda items set for Closed Session in agenda item no. 24. The Board convened into Closed Session at 7:58p.m. CLOSED SESSION The Board reconvened into Regular Session at 10:20 p.m. Director Carr stated that agenda items would continue in numerical order and those items discussed in Closed Session would be addressed as they are presented on the agenda. Director Carr stated the Board left a motion on the table when they went into Closed Session and it needs to be addressed. The motion is restated by Director Rose as follows: Regarding item 11(a), motion made by Director Rose and seconded by Director Wilson to rescind the motion made and approved on May 11, 2016 concerning options for ownership of the fire department. Director Rose the stated he would like to withdraw the motion and the second, Director Wilson, agreed to withdraw the motion. No action was taken regarding agenda item ll(a). Regarding item 11(b) Motion made by Director Rose and seconded by Director Wilson to have the District enter into negotiations for an agreement with the Town of Trophy Club for the purpose of transferring all fire department assets, liabilities and operations to the Town. For: Wilson, Rose Against: Carr, Thomas, Hase Motion Failed 2-3 Agenda item ll(c) was tabled and is to be brought back to the next meeting. Regarding agenda item ll(d), motion made by Director Wilson and seconded by Director Rose to rescind the termination of the lnterlocal Agreement for Fire Department Personnel Services with the Town of Trophy Club dated January 7, 2013 and previously terminated to be effective October 1, 2016. 7 of 14
Trophy Club Municipal Utility District No. 1 July 21, 2016 Regular Meeting Minutes Motion to amend the main motion by Director Hase and seconded by Director Thomas to extend the ILA to December 31, 2016. All opposed and the motion to amend failed Director Carr called for the vote on the main motion: For: Rose, Wilson, Thomas, Hase Against: Carr Motion Passed 4-1 12. Consider and take appropriate action regarding District bank signatories including: a. Approve Resolution No. 2016-0621A designating authorized signers on Prosperity Bank accounts. b. Approve Resolution No. 2016-0621B designating authorized signers on TexPool accounts. c. Approve Resolution No. 2016-0621C designating authorized signers on Bank of the West accounts. d. Approve Resolution No. 2016-0621D designating depository institutions, designating authorized signatories for the disbursement of District funds, providing for electronic transfers of District funds, and containing other matters relating thereto. Motion made by Director Thomas and seconded by Director Hase to approve Agenda Item No. 12 as stated including Resolution No. 2016-0621A designating authorized signers on Prosperity Bank accounts; Resolution No. 2016-0621B designating authorized signers on TexPool accounts; Resolution No. 2016-0621C designating authorized signers on Bank of the West accounts; Resolution No. 2016-0621D designating depository institutions, designating authorized signatories for the disbursement of District funds, providing for electronic transfers of District funds, and containing other matters relating thereto. Motion carried unanimously 13. Consider and take appropriate action regarding the Fiscal Year 2017 budget cycle calendar. (Rose) Director Rose would like to have all information discussed regarding the budget be discussed in a public meeting and would like to have the proposed meeting between Finance staff and the Board Treasurer for August 1, 2016 not be authorized and instead have all discussions at a board meeting for transparency. General Manager McKnight explained that the staff meets with the Treasurer to preview the information and give staff direction of items he feels will need to have more information for the budget workshop. McKnight stated that this is simply a meeting to assist the staff with presentation materials. Motion made by Director Rose and seconded by Director Wilson to have items that are being covered with the Board Treasurer be covered with the Board at a Board meeting. Motion is withdrawn by the first and section. Motion made by Director Rose and seconded by Director Wilson that the meeting with Board Secretary/Treasurer on August 1, 2016 instead be held in conjunction with the Board workshop on August 11, 2016. 8 of 14
Trophy Club Municipal Utility District No. 1 For: Rose, Wilson, Carr Against: Hase, Thomas Motion passed 3-2 July 21, 2016 Regular Meeting Minutes 14. Consider and take appropriate action regarding annual rate study including: a.Timeline for completion. (Rose) b.Appoint Directors to the Rate Committee. Motion made by Director Rose and seconded by Director Wilson to have the budget adopted prior to the setting rates. For: Rose Against: Thomas, Wilson, Carr, Hase Motion failed Motion made by Director Rose and seconded by Director Wilson to have the rate study be accomplished by the Board of Directors instead of a committee for transparency. For: Rose Against: Hase, Wilson, Carr, Thomas Motion failed 1-4 Motion by Director Thomas and seconded by Director Carr to appoint Director Thomas and Director Wilson to the rate committee. Motion carried unanimously 15. Consider and take appropriate action regarding potential November 8, 2016 bond election to fund water system improvement projects. General Manager McKnight gave an overview of the tax impact for several bond amount scenarios to the board. McKnight stated that the District Financial Advisor, Andrew Friedman, will be at the next meeting. McKnight would like the board to review the information provided in the packet so the board will be able to provide direction to staff. Motion made by Director Rose and seconded by Director Wilson to fund the upgraded line to the east elevated storage tank with a revenue bond. For: Rose Against: Carr, Hase, Wilson, Thomas Motion failed 4-1 Motion made by Director Thomas and seconded by Director Carr to table agenda item No. 15 and 9 of 14
Trophy Club Municipal Utility District No.1 bring it back to the regular July meeting for further consideration. Motion carried unanimously July 21, 2016 Regular Meeting Minutes 16. Consider and take appropriate action to approve Amendment No. 1 to the Agreement for Water Service between the City of Fort Worth and the Trophy Club Municipal Utility District No. 1 for the construction of a Northside II 30-inch Water Main and Allocated Capacity. (Rose) Discussion only, no action taken. 17. Consider and take appropriate action regarding lnterlocal Agreement for Contractual Personnel Services with the Town of Trophy Club dated January 7, 2013 and previously terminated to be effective October 1, 2016. (Rose) Motion made by Director Rose and seconded by Director Wilson to rescind the termination of the ILA approved by the Board in May. For: Rose, Wilson Against: Thomas, Carr, Hase Motion failed 3-2 Regarding agenda item 25(b), motion made by Director Carr and seconded by Director Thomas to approve the ILA for billing services and to direct the General Manager to present the ILA to the Town Manager of Trophy Club. For: Thomas, Hase and Carr Against: Rose, Wilson Motion passed 3-2 With no objections, President Carr moved to agenda item No. 22. 18. Consider and take appropriate action to approve lnterlocal Agreement for Non-Standard Water and Wastewater Services with the Town of Trophy Club for the development known as Town Hall and authorize General Manager to execute agreement. Director Wilson would like to direct legal and the General Manager to address any items of concern that need to be addressed by the Board. McKnight stated that the Town has changed the definition of internal and external facilities throughout the entire agreement which is standard language. Director Carr asked the Board if they have any issue with keeping that language intact as presented in the original NSA. Director Carr asked the General Manager if this is the same contract that has been used for other developers in the District. She stated that it is the same agreement. Carr asked if this is the same agreement used by developers including PD-30, Meat U Anywhere, and Old Town Development. McKnight stated that it is the same agreement. Attorney Liston stated that the District is a governmental entity and therefore is required to treat all 10 of 14
Trophy Club Municipal Utility District No. 1 July 21, 2016 Regular Meeting Minutes parties the same and by parsing out a standard agreement we can bring problems and challenges down the line because developers were not treated equally. Liston stated that often times those types of suits become expensive, litigated suits. Liston added that if there is a reason for a change that is justifiable, quantifiable, makes sense and legally and has merit that is acceptable, however; the board cannot change the language for certain developers only. Motion by Director Wilson and seconded by Director Carr to direct the General Manager and District legal counsel to work with the Town Manager and staff to resolve their issues related to the lnterlocal Agreement for Non-Standard Water and Wastewater Services and call a Special Meeting of the Board on June 30, 2016 at 6:00 p.m. to reconsider the agreement. Motion carried unanimously 19. Discussion regarding status of appeal of retail water and sewer rates pending with the Public Utility Commission ofTexas. Discussion only, no action taken. 20. Discussion regarding Notice of Enforcement dated April 21, 2016 received from the Texas Commission on Environmental Quality (TCEQ). (Rose) Attorney Liston and General Manager McKnight updated the Board on their meeting with staff from TCEQ regarding the Notice of Enforcement. Liston explained that an attorney and two staff members from the Austin enforcement group were present and TCEQ staff from the Fort Worth office participated by telephone conference. Liston stated the meeting went very well and the Austin TCEQ staff were very appreciative of the notebook McKnight had put together for them outlining all the steps that were taken after the sewer spill occurred. During the meeting McKnight went through the notebook and answered questions and provided additional details. Liston stated that she explained that the violation for notification is unwarranted and the entire event was due to an act of God and out of District staff's control. At the close of the meeting, the attorney with TCEQ stated we should receive an amended notice of enforcement from them before the meeting today but it was not received. She said she contacted him today before the meeting and he explained there has been some staff changes at TCEQ since our meeting and he would follow up and get back to her on the status. Discussion only, no action taken. 21. Consider and take appropriate action regarding the duties of a public officer, Greg Wilson, as they relate to incompatibility with another public office. Attorney Liston stated that she is convinced that Greg Wilson's position on this board is sound and solid and there is no issue regarding Mr. Wilson performing his duties on this board. Liston does think that there is an issue that will need to be resolved should Mr. Wilson retake an oath of office or be reinstalled or reappointed to the EDC4B Board when his term is up. Liston stated that any appointment subsequent to him being on this board would put him in a position of automatically having resigned from this board. Attorney Liston said it is her recommendation that the Board seek an attorney general opinion to try 11 of 14
Trophy Club Municipal Utility District No. 1 July 21, 2016 Regular Meeting Minutes and resolve the issue before any such problem arises with Greg's service. Liston recommends this because there is no defining or directly addressing opinion or case law on these two positions. Director Wilson asked for an explanation as to how these events transpired. McKnight explained that when she received Director Wilson's bio for the website she noted he was serving as president of the Town of Trophy Club's EDC4B. She said she was concerned it could affect his ability to serve as a director due to laws regarding dual office holding and conflicting loyalties and she therefore referred the matter to legal. McKnight stated after attorney Liston researched the matter and let he know it did not affect his ability to serve as director but instead affects his position on EDC4B, she was relieved and excited. McKnight stated her concern is for the district and this news relived all her concerns since the district was not affected. Motion made by Director Thomas and seconded by Director Carr to seek an attorney General opinion. For: Thomas Against: Carr, Rose, Wilson, and Hase Motion failed 1-4 22. Consider and take appropriate action regarding the May 2016 combined financials and variance report. a. Combined financials b. Variance report Motion made by Director Carr and seconded by Director Rose to approve the May 2016 Combined financials and variance report. Director Carr would like to have mowing services moved to property maintenance in the budget. Motion carried unanimously President Carr recessed the Board into break at 12:05 a.m. The Board reconvened into Regular Session at 12:22 a.m. REPORTS & UPDATES 23. General Manager Monthly Report for May 2016 a. Water System Operation b. Meter Head Change Out Program c. Wastewater System Operation d. Website Analytics e.Finance Update •Utility Billing Reports •Permits Collected f. Project Status Updates •SWIFT funding application and Northside II 30-inch Water Line Project •Pebble Beach, Timberline, and Pin Oak Court Water Line Upgrade Project 12 of 14
Trophy Club Municipal Utility District No. 1 •Campus Circle Water Line Relocation Project •Wastewater Treatment Plant Upgrade Project July 21, 2016 Regular Meeting Minutes The General Manager gave the following updates on the Capital Improvement Projects: Campus Circle and Pebble Beach projects are complete. Wastewater Plant Upgrade: Concrete basins for the MBR's were poured over the weekend SWIFT funding-Westlake did approve the Fort Worth project; Fort Worth has been very helpful in completing information for the funding. The Board convened into Closed Session at 7:58p.m. CLOSED SESSION 24. Pursuant to Texas Government Code 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. Legal advice regarding incompatibility and dual office holding limitations for members of the Board of Directors. b. Legal advice regarding terms of lnterlocal Agreement with the Town of Trophy Club for provision of fire and EMS services. c. Legal advice regarding potential sale of District assets. d. Legal advice regarding terms of lnterlocal Agreement with the Town ofTrophy Club for billing services. e. Legal advice regarding terms of lnterlocal Agreement for Non-Standard Water and Wastewater Services with the Town of Trophy Club for the development known as Town Hall. 17 f. Legal advice regarding appeal of retail water and sewer rates pending with the Public Utility Commission of Texas. In addition to the above closed session items, the Board also sought legal advice regarding agenda item 11 (a-d The Board reconvened into Regular Session at 10:20 p.m. REGULAR SESSION 25. Consider and take appropriate action regarding Closed Session items. Regarding agenda item 24(b), motion made by Director Carr and seconded by Director Thomas to direct the General Manager to present the ILA for District management of fire and EMS services to the Town Manager as a counter offer to the Town's offer to purchase the assets. For: Thomas, Hase and Carr Against: Rose, Wilson Motion passed 3-2 Attorney Liston wanted to make sure the Board was aware they have made a counter motion to the 13 of 14
Trophy Club Municipal Utility District No. 1 July 21, 2016 Regular Meeting Minutes action taken regarding agenda item 11d. Director Carr asked the Board ifthey wanted to reconsider this item and there was no motion to reconsider. 26. Items for future agendas: 27. Announce next Regular Meeting date of July 19, 2016 at 6 p.m. Special Meeting to be held on June 30, 2016 at 6:00p.m. ADJOURN P~ the Meeting at 2:07a.m. Kevin Carr, President 14 of 14