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Home My WebLink About2018-0618 June 18, 2018 Regular Meeting MinutesJune 18, 2018 Regular Meeting Minutes REGULAR MEETING MINUTES TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS June 18, 2018 at 6:30P.M . 100 Municipal Drive, Trophy Club, Texas 76262 Trophy Cl ub Municipal Utility District No.1 Board of Directors, of Denton and Tarrant Counties, met in regular session on Monday, June 18, 2018 at 6:30P.M., in the Boardroom of the Administration Building located at 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 BOARD MEMBERS PRESENT: Gregory Wilson William C. Rose Steve Flynn Kelly Castonguay Mark Chapman STAFF PRESENT: John Carman Laurie Slaght Mike McMahon Steven Krolczyk Tony Corbett President Vice President Secretary /Treasurer Director Director General Manager District Secretary Water Superintendent Finance Manager Legal Counsel CALL TO ORDER AND ANNOUNCE A QUORUM § § President Wilson announced the date of June 18, 2018, announced a quorum ofthe board was present and called the meeting to order at 6:30p.m. CITIZEN COMMENTS There were no Citizen Comments CONSENT AGENDA 1. Consider and take appropriate act ion to approve the Consent Agenda . a. May 2018 Check Register b. May 15, 2018 Regular Meeting Minutes c. June 7, 2018 Special Meeting Minutes Director Rose requested that item b. May 15 , 2018 Regular Meeting minutes be removed from the Consent Agenda for further consideration by the Board. Motion made by Director Rose and seconded by Director Chapman to approve Consent Agenda items a. and c. and b. as amended at the dais. Motion carried unanimously 1 of6 June 18, 2018 Regular Meeting Minutes REGULAR SESSION 2. Consider and take appropriate action to Appoint Alternate Member to Wholesale Customer Advisory Committee for the City of Fort Worth. Motion made by Director Rose and seconded by Director Castonguay to appoint the Primary Member to the Wholesale advisory committee for the City of Fort Worth to be Mike McMahon and the Alternate Member to the Wholesale Advisory Committee for the City of Fort Worth to be Steven Krolczyk. Motion is withdrawn by the first and second Motion made by Director Rose and seconded by Director Castonguay to appoint Steven Krolczyk to be the Alternate Member to the Wholesale Advisory Committee for the City of Fort Worth. Motion carried unanimously 3 . Consider and take appropriate action to appoint two (2) directors to serve on the Rate Committee to work with staff to review and develop recommendations regarding water and sewer rates for Fiscal Year 2019 . (Staff) Motion made by Director Wilson and seconded by Director Castonguay to appoint President Wilson and Secretary/Treasurer Flynn to the Rate Committee for Fiscal Year 2019 to develop recommended water and sewer rates. For: Flynn, Wilson and Castonguay Oppose: Chapman and Rose Motion passed 3-2 4. Consider and take appropriate action regarding adoption of Resolution No. 2018-0618A Authorizing the General Manager to Approve Construction Contract Change Orders . (Staff) Main Motion Motion made by Director Rose and seconded by Director Chapman to approve Resolution No. 2018-0618A Authorizing the General Manager to Approve Construction Contract Change Orders. First amendment to the main motion Motion made by Director Rose seconded by Director Chapman to amend Resolution 2018-0618A, No. 2 to read as follows: The Board of Directors of the District hereby authorizes its General Manager to approve a change order to a contract for the construction, repair or renovation of District facilities subject to the following terms and limitations; Motion for the first amendment to the main motion carried unanimously Second amendment to the main motion Motion made by Director Rose and seconded by Director Chapman to amend Resolution 2018-0618A, No. 2. (b) to read as follows: 2 of6 June 18, 2018 Regular Meeting Minutes The General Manager may only approve change orders in an amount that when aggregated with all other change orders approved by the General Manager within that contract does not exceed the contingency of that contract; For: Rose, Castonguay, Chapman, and Flynn Oppose: Wilson Motion for the second amendment to the main motion passed 4-1 Main Motion as Amended For: Castonguay, Chapman, Flynn and Rose Oppose: Wilson Motion passed 4 -1 5 . Consider and take appropriate action to adopt Order No . 2018-0618A Approving a Public Presentations Policy. (Rose/Flynn) Attorney Corbett will conduct further review and bring his suggestions this back to the board . Item is Tabled. 6 . Consider and take appropriate action regarding Order No. 2018-0618B Authorizing the General Manager to approve certain expenditures, sign disbursements and enter into contracts on behalf of the District and contain ing other matters relating thereto. (Staff) Motion made by Director Rose and seconded by Director Wilson to adopt Order No. 2018-06188 Authorizing the General Manager to approve certain expenditures, sign disbursements and enter into contracts on behalf of the District and containing other matters relating thereto with the following amendments: Insert page 3 to read "Exhibit A", Section 4.02 Delete the "City of Fort Worth", "For'', and add a comma after payments. Section 4.08 d. the first sentence of the section shall read as follows: "The General Manager may approve the electronic transfer of District funds for authorized investments, as identified in the District's Investment Policy." And delete the remaining portion of that sentence, "and only upon prior approval of an Investment Officer of the District." Motion carried unanimously 7 . Consider and take appropriate action regarding approval of Change Order No . 15 from Webber-Cadagua Partners in an amount of $35,566 for Wastewater Treatment Plant improvements. (Staff) Webber-Cadagua was requesting a p~;~yment $35,566 for change order no. 15 , however, CP&Y negotiated that amount to $25,269.64. Motion made by Director Rose and seconded by Director Castonguay to approve Change Order 15 for an 3 of6 June 18, 2018 Regular Meeting Minutes amount not to exceed $25,269.49. Motion carried unanimously 8. Consider and take appropriate action regarding Independent Contractor Agreement for General Manager Services : a. Performance Evaluation of General Manager; and b. Discussion and possible action regarding approval of Second Amendment to Independent Contractor Agreement relating to compensation. Motion made by Director Wilson and seconded by Director Rose to strike the hard cap of $144,000 in section 2.1 of the General Manager contract. Motion carried unanimously Motion made by Director Wilson and seconded by Director Rose to increase the General Managers hourly rate from $75 to $80 per hour. Rose, Flynn, Castonguay, Wilson Oppose: Chapman Motion passed 4-1 Motion made by Director Wilson and seconded by Director Castonguay to allow reimbursement of expenses for General Manager for any mileage that exceeds the distance between traveling from his residence to the jobsite or when traveling on district business. Motion carried unanimously 9. Consider and take appropriate action regarding the May 2018 Combined Financials and Variance Report . a. Combined Financials b. Combined Variance Motion made by Director Flynn and seconded by Director Chapman to approve the May 2018 Financials and Variance Report. Motion carried unanimously 10. Discussion and possible action regarding Joint Meeting between Trophy Club Municipal Utility District No . 1 Board of Directors and Trophy Club Town Council. a. Meeting date and time b. Agenda items 4 of6 June 18, 2018 Regular Meeting Minutes The General Manager reviewed the proposed agenda items provided by the town for the joint meeting and stated that the town has suggested it be held on Tuesday, July 241h in the District boardroom. The board is comfortable with the proposed date, time and tentative agenda . The General Manager stated that he will work with the Town Manager on the agenda for the meeting. 11. Consider and take appropriate action regarding Director Workshop Meeting. (Flynn/Rose) Direction was provided to staff to plan a special workshop meeting for July gth from 6 p.m. to 10 p.m. REPORTS & UPDATES 12. General Manager Monthly Reports and Update: a. Regulatory Update b. Capital Improvement Projects • 16-inch waterline to serve Town Center • Wastewater Treatment Plant Upgrade Project • High Service Pump • Joint Projects with Town • East Ground Storage Tank c. Fire Department Summary d. Water System Operation e. Wastewater System Operation f. Finance Update • Utility Billing Report • Permits Collected • Cash Report General Manager John Carman presented his monthly updated to the Board and answered questions related thereto. The Board convened into Executive Session at 9:32p.m. EXECUTIVE SESSION 13 . Pursuant to Section 551.071 ofthe Texas Open Meetings Act, the Board may consult with its attorney in Executive Session 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. Contractor breach, performance and payment issues related to District's contract with Webber- Cadagua Partners for construction of the Wastewater Treatment Plant Improvements; and b. Trophy Club Municipal Utility District No. 1 v. Acadia Services, LLC, In the District Court of Tarrant County, 14151 Judicial District (Cause No. 141-299351-18). 14. Pursuant to Section 551.072 of the Texas Open Meetings Act, the Board may deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental 5 of6 June 18, 2018 Regular Meeting Minutes effect on the position ofthe governmental body in negotiations with a third person: a. District real property located at 100 Municipal Drive and 1501 Junction Way. The Board reconvened into Regular Session at 10:58 p.m. REGULAR SESSION 16. Consider and take appropriate action on matters deliberated in Executive Session: Director Wilson stated that no final decisions, actions or votes were taken in Executive Session. Motion made by Director Rose and seconded by Director Castonguay to direct the General Manager to enter into discussion with the Town Manager concerning negotiations for properties located at 100 Municipal Drive, and 1501 Junction Way. Motion carried unanimously 17. Items for future agendas:-Public Presentation Policy 18. Set future Meeting dates-Next Regular Meeting-Monday, July 16· 2018 at 6:30p.m. Budget Workshop Special Meeting-Monday, July gth 6-10 p.m. Joint Meeting with Town Council-Tuesday, July 24 1h 6-7 p.m. Motion made by Director Rose and seconded by Director Flynn to adjourn. Motion carried unanimously ADJOURN Director Wilson adjourned the meeting at 11:02 p.m. 6 of 6