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HomeMy WebLinkAbout2020-0518 May 18, 2020 Regular Meeting MinutesMay 18, 2020 Regular Meeting Minutes REGULAR ZOOM MEETING MINUTES TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS May 18, 2020 at 6:30 P.M. Trophy Club Municipal Utility District No. 1 Board of Directors, of Denton and Tarrant Counties, met in Regular Session Meeting on Monday, May 18, 2020 at 6:30 P.M., in a Zoom video/telephone conference in accordance with the Governor's emergency proclamation suspending certain provisions of the Texas Open Meetings Act effective March 16, 2020 in response to the COVID-19 virus and was open to the public. STATE OF TEXAS COUNTIES OF DENTON AND TARRANT BOARD MEMBERS PRESENT: Gregory Wilson President William C. Rose Vice President Steve Flynn Secretary/Treasurer Kelly Castonguay Director Mark Chapman Director STAFF PRESENT: Mike McMahon Laurie Slaght Steven Krolczyk Tony Corbett GUESTS PRESENT: Andrew Friedman Jack Taylor Acting General Manager District Secretary Finance Manager General Legal Counsel Samco Capital Fire Chief CALL TO ORDER AND ANNOUNCE A QUORUM President Wilson announced the date of May 18, 2020, called the meeting to order and announced a quorum present at 6:31 p.m. CITIZEN COMMENTS There were no citizen comments CONSENT AGENDA 1. Consider and take appropriate action to approve the Consent Agenda. a. April 2020 Check Register b. April 20, 2020 Regular Meeting Minutes Motion made by Director Chapman and seconded by Director Flynn to approve the consent agenda as presented. Motion carried unanimously 1 of 6 May 18, 2020 Regular Meeting Minutes REGULAR SESSION 2. Consider and take appropriate action to approve purchase of replacement emergency rescue equipment from Hurst Jaws of Life, Inc. at a total cost of $31,679 for Trophy Club Fire Department. Motion made by Director Rose and seconded by Director Chapman to approve the purchase of Hurst Jaws of Life from MES (Municipal Emergency Services) for the replacement of emergency rescue equipment for the Trophy Club Fire Department for an amount not to exceed $31,679. Motion carried unanimously 3. Consider and take appropriate action relating to potential issuance of Trophy Club Municipal Utility District No. 1 Unlimited Tax Refunding Bonds, Series 2020 in a principal amount not to exceed $1,220,000 (the "Bonds"): a. Receive report and recommendations from Financial Advisor regarding potential sale and issuance of the Bonds; b. Adopt Order Authorizing the Issuance of the Trophy Club Municipal Utility District No. 1 Unlimited Tax Refunding Bonds, Series 2020; Prescribing the Terms and Provisions Thereof; Making Provision for the Payment of the Interest Thereon and Principal Thereof; Authorizing the Sale of the Bonds; Approving a Purchase Contract, a Paying Agent/Registrar Agreement and an Escrow Agreement; and Containing Other Provisions Relating to the Subject; c. Approve Payment of Attorney General Bond Review Fee; and d. Authorize the District Officers, General Manager, Legal Counsel and Financial Advisor to take such actions as may be necessary, appropriate or convenient to complete the issuance, sale and delivery of the Bonds, including execution of all agreements and documents related thereto. Motion made by Director Flynn and seconded by Director Chapman to approve the issuance of Trophy Club Municipal Utility District No. 1 Unlimited Tax Refunding Bonds, Series 2020 in a principal amount not to exceed $1,220,000; and a. Receive report and recommendations from Financial Advisor regarding potential sale and issuance of the Bonds; b. Adopt Order Authorizing the Issuance of the Trophy Club Municipal Utility District No. 1 Unlimited Tax Refunding Bonds, Series 2020; Prescribing the Terms and Provisions Thereof; Making Provision for the Payment of the Interest Thereon and Principal Thereof; Authorizing the Sale of the Bonds; Approving a Purchase Contract, a Paying Agent/Registrar Agreement and an Escrow Agreement; and Containing Other Provisions Relating to the Subject; c. Approve Payment of Attorney General Bond Review Fee; and d. Authorize the District Officers, General Manager, Legal Counsel and Financial Advisor to take such actions as may be necessary, appropriate or convenient to complete the issuance, sale and delivery of the Bonds, including execution of all agreements and documents related thereto. Motion carried unanimously 2 of 6 May 18, 2020 Regular Meeting Minutes 4. Consider and take appropriate action to elect officers of the Board of Directors. Director Wilson called for nominations for Board President. Director Castonguay nominated Director Flynn for President. For: Wilson, Rose, Chapman, Flynn, Castonguay Oppose: none Director Flynn will serve as Board President. Director Wilson called for nominations for Board Vice President. Director Chapman volunteered to be Vice President of the Board. For: Wilson, Rose, Chapman, Flynn, Castonguay Oppose: none Director Chapman will serve as Vice President of the Board. Director Wilson called for nominations for Board Secretary/Treasurer. Director Flynn nominated Director Rose for Secretary/Treasurer of the Board. Director Rose stated he would prefer that Director Castonguay have the opportunity to serve in the position. Director Rose nominated Director Castonguay for Secretary/Treasurer of the Board. For: Wilson, Rose, Chapman, Flynn Oppose: none Abstain: Castonguay Director Castonguay will serve as Secretary/Treasurer of the Board. 5. Consider and take appropriate action to adopt Order No. 2020-0518B declaring a truck hitch and light poles to be to be surplus property of the District and authorizing staff to sell such surplus property. Motion made by Director Chapman and seconded by Director Castonguay to adopt Order No. 2020-0518B declaring a truck hitch and light poles to be to be surplus property of the District and authorizing staff to sell such surplus property. 3 of 6 May 18, 2020 Regular Meeting Minutes Motion carried unanimously 6. Discussion and possible action regarding District Payment and Billing Policies. (Wilson) Director Wilson moved to Table this item until June. With no objection, the item is Tabled. 7. Consider and take appropriate action regarding the April 2020 Combined Financials and Variance Report. a. Combined Financials b. Combined Variance Motion by Director Flynn and seconded by Director Castonguay to approve the April 2020 Combined Financials and Variance Reports. Motion carried unanimously REPORTS & UPDATES 8. General Manager Monthly Reports and Update: a. Regulatory Update b. Capital Improvement Projects • Wastewater Treatment Plant Upgrade Project • High Service Pump c. System Repairs & Maintenance d. Water System Operations e. Wastewater System Operations f. Finance Update • Utility Billing Report • Disconnects and late fees report • Permits Collected • Cash Report Acting General Manager Mike McMahon provided the monthly reports to the Board and answered questions related thereto. The Board convened into Executive Session at 7:21 p.m. EXECUTIVE SESSION 9. Pursuant to Section 551.071 of the 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 4 of 6 May 18, 2020 Regular Meeting Minutes 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, 141st Judicial District (Cause No. 141-299351-18). c. Potential Condemnation of Easements required for construction and operation of Water Transmission Line Improvements from District Pump Station to Elevated Water Tank located on T.W. King Road 10. 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 effect on the position of the governmental body in negotiations with a third person: a. Sale or Exchange of District real property located at 100 Municipal Drive, 1501 Junction Way and other real property owned by the District. b. Purchase of Easements required for construction and operation of Water Transmission Line Improvements from District Pump Station to Elevated Water Tank located on T.W. King Road 11. Deliberations pursuant to Section 551.074(a)(1) of the Texas Open Meetings Act regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Hiring a General Manager. The Board reconvened into Regular Session at 8:15p.m. REGULAR SESSION President Wilson stated that no final decisions, actions, or votes were made in Executive Session. 12. Consider and take appropriate action on matters deliberated in Executive Session: 13. Consider and take appropriate action relating to approval of employment contract with new General Manager. Motion by Director Flynn and seconded by Director Castonguay to approve the employment agreement, date to be determined, between Trophy Club Municipal Utility District No. 1 and Alan Fourmentin for the position of General Manager and with a mutually agreeable effective date. Attorney Corbett clarified that by not setting the effective date of the employment agreement, the Board authorizes the General Manager Hiring Committee to negotiate the effective date with Mr. Fourmentin. The Board acknowledged that is understood. 5 of 6 May 18, 2020 Regular Meeting Minutes Motion carried unanimously 14. Items for future agendas: Agenda Item 6. 15. Set future Meeting dates - Regular Board Meeting on June 15, 2020 at 6:30 p.m. ADJOURN Director Castonguay moved to adjourn. Director Wilson called the meeting adjourned at 8:18 p.m. Gregory Wilson, President Steve Flynn, Secretary /Treasurer tt 17J Laurie Slaght, District Secretar 6 of 6