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Home My WebLink About2016-0926 Special Meeting minutes amendedTrophy Club Municipal Utility District No. 1 September 26, 2016 Amended Special Meeting Minutes SPEICAL MEETING MINUTES-Amended** TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS September 26, 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 Special Session on Monday, September 26, 2016 at 6:00P.M., in the Boardroom ofthe 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 R. Carr Greg Wilson Jim Hase Jim Thomas Bill Rose STAFF PRESENT: Laurie Slaght Renae Gonzales Mike McMahon Karl Schlielig Paul Liston President Vice President Secretary/Treasurer Director Director District Secretary Finance Manager Water Superintendent Wastewater Superintendent General Legal Counsel CALL TO ORDER AND ANNOUNCE A QUORUM President Carr announced the date of Monday, September 26, 2016, called the meeting to order and announced a quorum present at 6:00p.m. CITIZEN COMMENTS Philip Shoffner Nick Sanders REGULAR SESSION 17 Edgemere Drive 7 Hayes Court 1. Consider and take appropriate action to approve bid and award contract 2016092601 for Emergency Notification System. Motion made by Director Hase and seconded by Director Wilson to approve the bid from CodeRED for Emergency Notification Software and award Contract No. 2016092601 for an amount of $3,670. Motion carried unanimously 2. Consider and take appropriate action to award the bid for the Svore Building Restroom remodel project and approve Contract No. 2016092001. 1 of 5 Trophy Club Municipal Utility District No. 1 September 26, 2016 Amended Special Meeting Minutes Director Carr stated this item is being reconsidered because he and Director Wilson find that the cost was too high. Director Rose stated that unless new information has been brought forth, the contract was approved and executed by the Board. Director Carr stated that after doing research the cost is too high and would like to have staff advertise this on the local side. Director Thomas asked staff how long it would take to rebid the project. Staff stated at a very minimum it would be 30 days and that the bid was run in the Star Telegram in May and again in September of 2016. The first advertisement brought no bids and this was the second. Director Rose stated that the lobby restrooms have never been updated to be ADA compliant and does not think this should have come back as it was approved and therefore should move forward. Director Carr stated that he has spoken to local contractors about the project to renovate the restrooms and make them ADA compliant, he has been told the cost should be between $60-$70 thousand dollars. He would like to get this to local contractors. Motion made by Director Carr and seconded by Director Wilson to rescind the approval of Contract No. 2016092001 and seek additional bids. For: Hase, Wilson, Carr and Thomas Oppose: Rose Motion passed 4-1 3. Consider and take appropriate action to adopt Rate Order No. 2016-0920A amending water and sewer rates and setting an effective date of October 1, 2016. Director Thomas stated that he wanted to review the adopted rates because the updated model was not included in the packet when the tiered rates were adopted by the Board. Main Motion Motion made by Director Thomas and seconded by Director Hase to revisit the sewer rates after the first of the year and before April15t, using all options using apples to apples data, calendar year values for all four options with either no I & I or we use the 1.92 I & I that our engineer no more than our engineers have already identified as being associated with MUD 1. And then we set our sewer rates once we have that data based on what we think the right options are. For: None Opposed: Carr, Thomas, Hase, Wilson, and Rose Main Motion failed 0-5 Director Rose believes that many of the questions that Director Thomas has can be answered between January and March of next year. Substitute Motion Motion by Director Rose and seconded by Director Wilson for a substitute motion that Rate Order 2016-0920A as amended at the September 20, 2016 meeting with an effective date of October 1, 2016 providing that the late notification is acceptable by the Town ofTrophy Club, should the late notification 2 of 5 Trophy Club Municipal Utility District No. 1 September 26, 2016 Amended Special Meeting Minutes not be acceptable to the Town, the effective date shall be December 1, 2016. For: Rose, Wilson Oppose: Carr, Thomas and Hase Substitute to the Main Motion failed 2-3 Amendment to Substitute Motion Motion to amend the substitute motion made by Director Wilson and seconded by Director Rose to remove the language stating, "If the water usage during the current billing period is less than the winter average, the sewer charges will be based on the current water consumption, not the winter average. This methodology instantly reflects conservation measures implemented within a household on a monthly basis." For: Carr, Wilson, Thomas Oppose: Rose, Hase Motion to amend the substitute motion passed 3-2 Amendment to the Main Motion ** Motion to amend the main motion made by Director Carr and seconded by Director Thomas to include an effective date of October 1, 2016 if the Town of Trophy Club approves it and if not the effective date shall become December 1, 2016 and to remove the 1.92 I & I and to have a new I & I discovered. For: Oppose: Rose, Carr, Thomas and Hase Abstain: Wilson Motion failed 0-4-1 Main Motion Failed New Motion Motion by Director Thomas and seconded by Director Hase to rescind the motion at the previous meeting adopting sewer rates and to revisit the sewer rates after the first of the year and before April 1, 2016 using pure apples to apples data which includes calendar year values for all options and whatever we determine the proper I & I to be used, for that to be used for all options and I would like for the current rates to be adopted and effective on October 1, 2016 if the Town approves and as they were originally done by NewGen with a base rate of $17.50 and a volumetric rate of $2.84 per 1,000 gallons capped at 18,000 gallons and no cap for commercial accounts. Motion to amend by Director Carr to include weighted average as stated in the redline Section 2.02 on Aprill't. Motion to amend dies for the lack of a second. 3 of 5 Trophy Club Municipal Utility District No. 1 September 26, 2016 Amended Special Meeting Minutes Main Motion For: Carr Oppose: Hase, Thomas, Wilson and Rose Motion failed 1-4 New Motion Motion by Director Rose and seconded by Director Wilson to approve Rate Order 2016-0920A as amended at the September 20, 2016 meeting with an effective date of October 1, 2016 providing that the late notification is acceptable by the Town of Trophy Club, should the late notification not be acceptable to the Town, the effective date shall be December 1, 2016 and that the paragraph which states, "If the water usage during the current billing period is less than the winter average, the sewer charges will be based on the current water consumption, not the winter average. This methodology instantly reflects conservation measures implemented within a household on a monthly basis." be removed from Section 2.02 of Rate Order 2016-0920A, as amended. Amendment to the Motion Motion to amend by Director Thomas and second by Director Wilson that the Board will revisit the sewer rates after the 1st of the year and before April 1st from the position of establishing an accurate rate based upon accurate data using pure apples to apples calendar year values for all four options whatever I & I is agreed to between now and that point and time, that the I & I gets applied to all options. Motion to amend the amendment Amendment to the motion by Director Rose and seconded by Director Thomas to change from calendar year to fiscal year. Motion to amend the amendment carried unanimously** Motion to amend the motion carried unanimously** Motion carried unanimously** 4. Consider and take appropriate action regarding CP&Y, Inc.'s Hydraulic Model and Distribution System Capacity Study.** Thomas/Hase Director Carr stated he approved this item to discuss PD30. Director Thomas would like to have Director Hase and Water Superintendent Mike McMahon start working with the church to move forward with the needed agreements. Water Superintendent Mike McMahon stated that 7.92/55 hundred gpm is the maximum that we have been able to pull from the Fort Worth line. The pressure is variable from 27psi to 60-70psi and our maximum flows are results of optimal pressures and 4 of 5 Trophy Club Municipal Utility District No. 1 September 26, 2016 Amended Special Meeting Minutes operations from Fort Worth. Director Rose stated that this item does not support action regarding PD30. Direction only, no action taken The Board convened into Closed Session at 7:42 p.m. CLOSED SESSION 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: 5. Legal advice regarding appeal of retail water and sewer rates pending with the Public Utility Commission of Texas. REGULAR SESSION The Board reconvened into Regular session at 8:03 p.m. 6. Consider and take appropriate action regarding Closed Session. No action was taken regarding Closed Session ADJOURN Motion to adjourn by Director Wilson and seconded by Director Thomas. Motion carried unanimously Pres,~ 8:04p.m. Kevin R~rr, ~ 5 of 5