REGULAR MINUTES TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS December 15, 2015 at 6:00P.M. 100 Municipal Drive, Trophy Club, Texas 76262 The Board of Directors, of Denton and Tarrant Counties, met in a Regular Session on December 15, 2015 at 6:00 P.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 President Vice President Secretary/Treasurer Director Director STAFF PRESENT: Jennifer McKnight General Manager Laurie Slaght District Secretary Renae Gonzales Finance Manager Terri Sisk Administration Manager Mike McMahon Water Superintendent Karl Schlielig Wastewater Superintendent Danny Thomas Fire Chief Pam Liston General Legal Counsel CALL TO ORDER AND ANNOUNCE A QUORUM President Moss announced the date of December 15, 2015, called the meeting to order and announced a quorum present at 6:00 p.m. CITIZEN PRESENTATIONS Alicia Fluery Lou Opipare Renae Gonzales 130 Park Lane 23 Crestwood 20 Sonora Drive President Moss read the following statement into the minutes: "After the discussion about the polling place, I called a few people to explain our position. I was quickly told that the perception among many residents in that we did this and other actions solely for the purpose and being nasty and hateful. This was painful to me personally that we are thought of in this way. As I am the only new member on the Board and having served previously as a council member, I can see both sides. I am asking that we carefully consider future actions and explain via social media our reasoning for actions that affect our residents. Too often our preliminary discussions are taken literally and become perceived as anti-resident before final decisions are made as in the case of the two restaurants." 1 of 7
REPORTS & UPDATES 1. Fire Department Report for November 2015 a. Operations Report b. Volunteer Recruitment Report Fire Chief Danny Thomas presented the fire operations monthly reports and answered questions related thereto. Director Twomey would like a summary presented to the Board monthly as to where the volunteers are filling in and how many hours they are putting in each month. The Fire Chief stated that the department currently has 3 volunteers and only 2 of those volunteers are able to work a shift and only one volunteer is qualified to put out fires. Director Twomey would also like the Fire Chief to address the locations within the Public Improvement District that are taking the department more than 8 minutes to reach. CONSENT AGENDA 2. Consider and take appropriate action to approve the Consent Agenda. a. November 17, 2015 regular meeting minutes b. November 2015 Check Register c. Consider and take appropriate action regarding lnterlocal Agreement with Denton County for Fire Protection Services and authorize the General Manager to execute the agreement. Motion made by Director Twomey and seconded by Director Thomas to approve the consent agenda as presented. REGULAR SESSION 3. Consider and take appropriate action regarding disputed high usage included in August 2015 water bill for customer at 130 Park Lane, account number 002-0590001-202. General Manager McKnight gave the Board an overview of Ms. Fluery's account and explained that the meter was reading correctly. McKnight stated that a data profile head was added to her current meter and the meter was tested in the field. Alicia Fluery, who resides at 130 Park Lane, Trophy Club, Texas, stated she does not believe it is possible for her consumption to have been so high during the month of August. She stated District staff had been very helpful and professional in dealing with her. But she informed General Manager McKnight that they would have to agree to disagree as she believes she was billed for consumption she did not use. President Moss stated he would like to have the Board and General Manager review her account and get back to Ms. Fluery. Discussion Only 4. Consider and take appropriate action regarding Fire Department policies and procedures including: a. Standard Operating Procedures b. Employee Separation Procedures and Checklist c. Potential Recovery of Uniform and Gear Expenses d. Fire Station Access and Use Policies 2 of 7
Director Carr stated that he requested this item for the agenda as the cost to fully outfit a firefighter costs the District approximately $3,600.00. Recently the fire department hired an employee who was employed for approximately 45 days. Carr stated that there is no policy or employment agreement in place for new hires to recover those expenditures if a firefighter leaves within a year and these types of employment agreements are very common in the public sector. Director Carr is concerned that there is no check out procedure for fire staff when they leave employment. Carr would like to have the Fire Captains and District Human Resources take part in the checkout process and procedures for fire gear and equipment. Fire Chief Thomas gave the Board an employee checkout list that he recently created. Directors Carr and Twomey want to make sure that separation checklists are being checked by the District HR as there have been instances when the District was not informed of an employee separation and gas keys and credit cards were not turned in. Director Twomey would like the Chief to present the board with a resolution to these issues at the January meeting. Chief Thomas would like to do some research into having new employees sign an employment agreement regarding uniform reimbursement as he has never seen this done for fire staff. Motion made by Director Twomey and seconded by Director Thomas to have the General Manager work with Lou Opipaire to move the Standard Operating Procedures forward. 5. Consider and take appropriate action regarding Fire Department Operational Assessment Study completed by Emergency Services Consulting Group (ESCI). Sheldon Gilbert, CEO and John M. Lehr, General Manager of ESCI Consulting gave a presentation of the final draft report to the Board of Directors and answered questions related thereto. Discussion Only, No action taken. President Moss called for a 10 minute recess at 8:45 p.m. The Board reconvened into Regular Session at 8:55 p.m. REGULAR SESSION 6. Consider and take appropriate action to approve Resolution No. 2015-1215 establishing District Building Access and Security Policy. President Moss stated that he feels this policy is overkill he doubts that it is enforceable and therefore made the following motion: Motion made by Director Moss and seconded by Director Twomey to table this item and appoint two Directors as a committee to come back and report to the Board and propose proper security procedures that need to be made. Motion is retracted by the first and second. 3 of 7
Director Thomas and Director Twomey volunteered to be on the security committee. Director Hase would like the subcommittee to set security policies for the District only. Motion made by Director Hase and seconded by Director Twomey to appoint Director Twomey and Director Thomas to a formal security subcommittee. 7. Consider and take appropriate action to approve a Right of Way Encroachment and Joint Use Agreement between the Town of Trophy Club and. Motion made by Director Twomey and seconded by Director Thomas to adopt the original Right of Way Encroachment and Joint Use Agreement presented to them at the November 17, 2015 regular meeting.. I 8. Consider and take appropriate action regarding installation of profile enabled automated meter reading devices on all service meters within the system. (Twomey) Director Twomey feels that the profile heads are a great asset to the District. McKnight stated that the priority list would include those meters that have had the highest usage and those in which the resident requested a profile head. Twomey would like to use funds budgeted for legal costs related to the PUC rate challenge in the amount of $33,750 to add 225 profile heads for this year's program. Director Carr feels that it is premature to use funds that have been allocated to something else. Motion made by Director Twomey and seconded by Director Thomas to direct the General Manager to implement the program to add 25 profile heads to residential meters per month and to include the transfer of $33,750 from the funds set aside for legal fees in the PUC rate challenge in the March 2016 budget amendment. Motion is amended by the first and the second to remove any reallocation of funds that have been assigned for another use and to reconsider moving funds in March. Motion made by Director Twomey and seconded by Director Thomas to direct the General Manager to implement the program to add 25 profile heads to residential meters per month. 9. Consider and take appropriate action regarding a contract extension with AT&T for tower use at 2114 TW King Road. Item Tabled, no action taken 10. Consider and take appropriate action regarding the November 2015 combined financials and 4 of 7
variance report. a. Combined financials b. Variance report Motion made by Director Carr and seconded by Director Twomey to approve the November 2015 combined financials and variance report. 11. Consider and take appropriate action to appoint committee to prioritize District water projects. (Twomey) Director Twomey would like the board to appoint a committee to work with the General Manager when the final water system study report is received from the Wallace Group and prioritize projects for capital improvements. Motion made by Director Twomey and seconded by Director Thomas to appoint Director Carr and Director Hase to a committee to address the findings of the Wallace Group, prioritize projects and explore financing options. REPORTS & UPDATES 12. General Manager Monthly Report for November 2015 a. Water System Operation b. Wastewater System Operation c. Website Analytics d. Finance Update e. Status of Annual Audit Utility Billing Reports PID Connections Permits Collected Cash Status Report f. Project Status Updates Water line relocation project in Solana Pebble Beach, Timberline, and Pin Oak Court water line upgrade project Wastewater Treatment Plant Upgrade Project g. Town oftrophy Club Sign Ordinance h. Fire Department insurance coverage through TML Water Line Upgrade Project- On Pebble Beach, all water system work is complete and the contractor is beginning work on Pin Oak Court in January 2016. Water Line Relocation - Campus Circle The developer is funding the relocation of a water line to accommodate a parking garage in the Campus Circle area. The project will be bid in January 2016. Water Line Relocation- Solana -The developer funded the relocation of a water line to accommodate new development in the Solana area. The work was completed December 2015. 5 of 7
The Board convened into Closed Session at 9:50 p.m. CLOSED SESSION 13. 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 Non-Standard Water and Wastewater Agreement with JSB Properties, Inc. For the development known as Trophy Club Town Center. b. Agreement Regarding Relocation of Utility Infrastructure Improvements with BRE Solana, LLC, a Texas limited liability company for 12-inch water line relocation at Campus Circle. c. Contract for Wastewater Treatment Plant Improvements with Webber-Cadagua Partners: contractor request for damage compensation due to permitting delays. d. Appeal of retail water and sewer rates pending with the Public Utility Commission of Texas. e. lnterlocal Agreement for Fire Department Personnel Services with Town of Trophy Club dated January 7, 2013. The Board re-convened into Regular Session at 12:03 a.m. REGULAR SESSION 14. Consider and take appropriate action regarding Closed Session items. Regarding Agenda item 13 a. Terms of Non-Standard Water and Wastewater Agreement with JSB Properties, Inc. for the development known as Trophy Club Town Center. Motion made by Director Carr and seconded by Director Twomey to present the developer with the Non-Standard Service Agreement including costs for offsite improvements. Motion is amended by the first and the second to include having the General Manager present the agreement with the changes by legal counsel as discussed to JSB Properties, Inc. Regarding Agenda item 13b. Agreement Regarding Relocation of Utility Infrastructure Improvements with BRE Solana, LLC, a Texas limited liability company for 12-inch water line relocation at Campus Circle. Motion made by Director Twomey and seconded by Director Carr to have the General Manager present an agreement to BRE Solana LLC., regarding relocation of utility infrastructure for the Campus Circle Solana waterline relocation as presented. Regarding Agenda item 13c., Contract for Wastewater Treatment Plant Improvements with 6 of 7
Webber-Cadagua Partners: contractor request for damage compensation due to permitting delays. Motion made by Director Twomey and seconded by Director Carr to have Director Carr and himself meet with the senior management at Webber-Cadagua regarding the wastewater treatment plant improvement project contract and permitting delays compensation. 15. Items for future agendas : Director Thomas requested an agenda item next month to discuss enforcement of drought restrictions and an item to discuss sending letters to Solana customers showing them the cost savings they enjoy by being a district customer. 16. Announce next regular meeting dates: January 19, 2016 at 6:00 p.m. ss adjourned the meeting at 12:08 p.m. Ji e~ Kevin R. Carr, Secretary 7 of 7