MINUTES OF BOARD OF DIRECTORS MEETING December I8, 20 I2

Transcription

1 MINUTES OF BOARD OF DIRECTORS MEETING December I8, 20 I2 THE STATE OF TEXAS COUNTY OF HARRIS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. I 09 The Board of Directors (the "''Board") of Harris County Municipal Utility District No. I 09 (the "District") n1et in regular session, open to the public, at the Atascocita Volunteer Fire Station #3, I92I9 Oak Timbers, Humble, Texas, 77346, at 6:00 p.m. on December 18, 20 I2, whereupon the roll was called of the men1bers of the Board, to wit: Owen Parker, President Glenn R. Bogs, Vice President Chris Green, Secretary Robin Sulpizio, Assistant Secretary Cheryl Moore,- Treasurer/Investment Officer All members of the Board were present except Director Green.. Also attending all or parts of the meeting were Mr. Paul Villarreal and Mr. Clinton Gehrke of Water Waste Water Management Services. Inc. ("WWW"), operator for the District; Mr. Jason Svatek and Ms. Debra Lee of Brown & Gay Engineers ("Brown & Gay"), engineer for the District; Mr. Tin1 Spencer of Ad Valorem Appraisals, tax assessor and collector for the District~ Mr. Don Rutt of Donald RutL C.P.A., bookkeeper for the District; Mr. Greg Mielke, attorney for Dr. Prabhakar Guniganti, developer of land in the District; Mr. Bob Hays and Mr. Mark Burnett, who work for the developer of Kings Lake Estates, Section 5; and Ms. Carla Christensen. paralegal. of Fulbright & Jaworski L.L.P., attorneys for the District. The President called the meeting to order in accordance with notice posted pursuant to law, copies of the Certificates of Posting are attached hereto as Exhibit "A," and the following business was transacted: I. Minutes. The Board considered the proposed minutes of the n1eeting of Noven1ber copies of which were previously distributed to the Board. Upon n1otion by Director Moore, seconded by Director Bogs, after full discussion and the question being put to the Board, the Board voted unanin1ously to approve the minutes of the meeting of November 2I, 20 I2, as presented. 2. Receive comments from the public. The President recognized Mr. Mielke, who expressed Dr. Guniganti's concerns regarding the District's engineer and billing. Mr. Mielke stated that Dr. Guniganti feels that he was overbilled by Brown & Gay and requested authorization to utilize the services of another engineer for future development. It was the consensus of the Board that Brown & Gay provides excellent service and bills clients in accordance with services provided. The Board denied Dr. Guniganti's request. There vvere no additional con1ments from the public at this tin1e

2 3. Review Tax Collector's Report and authorize payment of certain bills. Mr. Spencer presented to and reviewed with the Board the Tax Assessor and Collector's Report for the month of November, 2012, a copy of which is attached hereto as Exhibit "B." Mr. Spencer noted that 99.16% of the District's 2011 taxes and 11.86% of the District's 2012 taxes had been collected as of November 30, Upon motion by Director Bogs. seconded by Director Sulpizio, after full discussion and the question being put to the Board, the Board voted unanimously to approve the Tax Assessor and Collector~ s Report, and to authorize payment of check nun1bers 1431 through 1435 fron1 the Tax Account to the persons. in the an1otmts, and for the purposes listed therein. 4. Review Bookkeeper's Report. Mr. Rutt presented to and reviewed with the Board the Bookkeeper's Report for the month of November 2012, the quarterly investment report, and a summary of the Strategic Partnership Agreement revenues, copies of which are attached hereto as Exhibit "C." Upon motion by Director Bogs, seconded by Director Sulpizio, after full discussion and the question being put to the Board, the Board voted unanimously to approve the Bookkeeper's Report and to authorize the payment of checks to the persons and for the purposes listed in the Bookkeeper's Report. 5. Authorize second annual reimbursement payment to KL-5 in connection with Kings Lake E~tates, Section 5 ($216,602.47). Ms. Christensen noted that the Board previously authorized reimbursement to KL-5 for Kings Lake Estates, Section 5 over a period of three years (50% in first year and 25% in the second and third years). Upon motion by Director Bogs, seconded by Director Moore, after full discussion and the question being put to the Board, the Board voted unanimously to approve the second annual reimbursement payment to KL-5 in the amount of $216, Engineer's Report. Mr. Svatek presented to and reviewed with the Board the Enginee(s Repo11, a copy of which is attached hereto as Exhibit o; and \Vhich follo\vs in substantially the same form: a. Water Line Break - Brown & Gay is waiting on con1pletion of the topographical survey of the existing easement prior to soliciting bids for construction of the water line connecting the cui-de-sacs of Bambi woods Cou11 and Pioneer Court. Upon n1otion by Director Moore. seconded by Director Bogs. after full discussion and the question being put to the Board. the Board voted unanin1ously to approve the Engineer"s Report. 7. Authorize capacity commitments. Mr. Svatek reported that no capacity commitment a capacity requests have been received since the last meeting. Mr. Svatek stated that Brown & Gay previously responded to a request for inforn1ation regarding the cost of water and sewer connections for the 1.5 acre tract at the corner of Woodland Hills Drive and FM 1960, which is part of the 18-acre tract being annexed. Mr. Svatek stated that Brown & Gay has not received any additional information or requests. 8. Discuss and take any action in connection with annexation matters (18-Acre Tract). Ms. Christensen noted that the Board previously accepted the Petition for Addition of

3 Land from Queman Properties and approved and authorized execution of the Petition for Consent to Addition of Land to the District. Ms. Christensen stated that she has not yet received the signed Lienholder Consent for Queman Properties. 9. Developer's Report. There was no developer's report at this time. Mr. Svatek reported that Brown & Gay previously received inq uiries from developers for two tracts: 1. Former Kings Lake Estates, Section 3 Tract (corner of West Lake Houston Parkway and Upper Lake): Both KB Homes and The Betz Companies (working for a developer) previously contacted Brown & Gay for information on the tract. Mr. Svatek noted that Brown & Gay has not received any further information from KB Homes or The Betz Companies regarding these tracts. 11. BGLH/Barry Madden Tract: Mr. Svatek noted that Brown & Gay previously met with Barry Madden to discuss the potential development of this tract. 10. Discuss status of preparation of GIS System by GIS Solutions (Wilson McCoy). Director Parker stated that there is nothing to report at this time. 11. Review Operations Report and authorize repairs. Mr. Villarreal presented to and reviewed with the Board the Operations Report for the month of November 2012, the lift station flow report, and a list of delinquent accounts, copies of which are attached hereto as Exhibit "E." Mr. Vi llarreal reported that 93% of the water pum ped was billed for the peri od ending December I Mr. Villarreal reported that delinquent accounts have been turned over fo r collections. Mr. Villarreal reviewed with the Board historical data on water produc ti on. Mr. Vi llarreal reviewed with the Board the North Harris County Regional Water Authority monthly pumpage report for November 201 2, a copy of wh ich is attached to the Operations Report. Mr. Villarrea l reponed that GM Services completed the \Nell pump performance tests on pump nos. one and two Mr. Villarreal reported that there were six ma in line breaks in the month of November Mr. Villarreal reported that the water smart stgns have been received and vvi ll be insta lled. Mr. Villarreal reported that WWW has not yet recei ved th e new agenda bulletin boards. Mr. Vi llarreal reviewed with the Board a letter from Anointed Child Care (5137 FM 1960 East) requesting a payment plan and/or assistance to pay outstanding high water bills clue to multiple plumbing issues. a copy of which is attached to the Operati ons Report. Mr. Villarreal noted that the necessary rep<~ irs hm'e not yet been made. Discussion ensued. It was the )

4 consensus of the Board to credit the resident for the difference between the water bill in question and the average of the six months preceding. but to require that the North Harris County Regional Water Authority (the "Authority") fees be paid in full, subj ect to payment of their delinquent taxes. Mr. Villarreal reviewed with the Board a letter from a property management company requesting assistance with recent hi gh water bill at 4502 FM 1960 East for a retai l shop, a copy of whi ch is attached to the Operat ions Report. It was the consensus of the Board to credit the business fo r the difference between the water bill in questi on and the average of the six months preceding, but to require that the Authority fees be paid in full. Mr. Villarreal reviewed with the Board a letter from a resident at Burle Oak requesting assistance with his recent high water bill clue to a houseline water leak, a copy of which is attached to the Operations Report. It was the consensus of the Board to credit the resident for the eli fference between the water bill in question and the average of the six months preceding, but to require that the Authority fees be paid in fu ll. Mr. Villarreal reviewed with the Board a letter from a resident at River Brook requesting a payment plan for her recent high water bill due to a houseiine water leak, a copy of whi ch is attached to the Operati ons Report. It was the consensus of the Board to credit the res ident for the difference between the water bill in question and the average of the six months preceding, but to require that the Authority fees be paid in fu ll. Mr. Villarreal stated that the resident at Fawn Trail claims the District scratched their driveway while repai ri ng a main line break. VIr. Villarreal rcvie\\'ccl \\'ith the Board pictures ol the clri vcvvay and stated that WW'vV replaced the apron of the dri veway. which was the portion affected by the repairs. It was the consensus of the Board to deny the resident's request. Upon motion by Director Bogs, seconded by Director Moore. after full discussion and the question being put to th e Board, the Board voted unanimously to approve the Operations Report and to authorize termination of service to those accounts on the del inquent list. 12. Consider amending District Rate Order (No rth HarTis County Regional Water Authority Fees). It was noted that the current Authorit y Icc being assessed to customers iss 1.50 per gallons pumped. but the Icc charged to the District by the Authori ty iss 1.75 per gallons pumped. No action was taken at thi s ti me. 13. Discuss and take necessat1' action in connection with District website. Ms. Christensen reported that the Texas Network made the req uested changes to the District's website. 14. Appr ove and authorize execution of Fourth Amended and Restated Waste Disposal Contn1ct and Second Amended and Restated Sanitar y Sewer Line Contt act. Ms. Christen sen presented to the Board the revised Fo urth Amended and Restated Waste Disposal Contract and Second Amended and Restated Sanitary Sewer Line Contract confirming the terms Harris County Muni cipal Ut ility Distri ct No. 494 s (.. 1 o. -l94.. ) purchase of wastewater treatment plant and Sc\\ er trunkl inc capacity. \ll s. Christensen stated that the Contract \\ ill 5056XS3 7. I 4

5 incorporate and restate all changes which have been made since July (the elate of the ori ginal Waste Disposal Contrac t). and includes the revised terms fo r the sale of wastewater treatment plant capacity to No Ms. Christensen noted that the provision which would allow No. 494 to have a voting member on the Atascocita Joint Operations Board ("AJOB") has been deleted. Upon motion by Director Bogs. seconded by Director Parker. after fu ll discussion and the questi on being put to the Board. the Board voted unanimously to approve and au thorize execution of the rourth Amended and Restated Waste Disposal Co ntract and Second Amended and Restated San itary Sewer Li ne Contrac t. 15. Executive Session pursuant to Texas Government Code Section to discuss secur i ty matters. The Board did not convene in execut ive session at this time. time. 16. Other mattct s. There were no other matters to come before the Board at this THERE BEING NO FURT HER BUSlNESS TO COME BEFORE THE BOARD, the meeting was adj ourned. * * * 5056SS

6 The above and fo regoing minutes were passed and approved b he Board of Directors on January ATTEST: ~ Sec re~ r,b oard of Directors (D ISTRICT SEAL). ~.' ' '. ' ' ~.. '<;.! I - ~ '< ~ ' I '..\.. I; o't\:v~:t!~~t\... v :i0568s3 71 6