MINUTES OF MEETING OF THE BOARD OF DIRECTORS OF VISTA OAKS MUNICIPAL UTILITY DISTRICT. November 12, 2018

Transcription

1 MINUTES OF MEETING OF THE BOARD OF DIRECTORS OF VISTA OAKS MUNICIPAL UTILITY DISTRICT THE STATE OF TEXAS COUN1Y OF WILLIAMSON November 12, 2018 A meeting of the Board of Directors of Vista Oaks Municipal Utility District was held on November 12, 2018, at the offices of Gray Engineering, Inc., 8834 N. Capital of Texas Highway, Suite 140, Austin, Texas. The meeting was open to the public and notice was given as required by the Texas Open Meetings Act. A copy of the Certificate of Posting of the Notice is attached as Exhibit "A".. The roll was called of the members of the Board: Mike Asbury Robert Wells Leslie Alger Heath Reed-Green Carl R. Black President Vice President Secretary and all of the Directors were present except Director Wells and Director Black, thus constituting a quorum. Also present at the meeting were Andrew Hunt of Crossroads Utility Services LLC, the District's general manager and utility operator; David Gray of Gray Engineering, Inc., the District's engineer; Allen Douthitt of Bott & Douthitt, PLLC, the District's bookkeeper; Jacob Matto, a resident of the District and a candidate for appointment to the Board of Directors; and John Bartram of Armbrust & Brown, PLLC, the District's general counsel. Director Asbury called the meeting to order at 12:08 p.m. and stated that the Board would first receive citizens' communications and Board member announcements. Mr. Hunt stated that the homeowners association (the "HOA") had advised him that the bulletin boards that the District had installed on Royal Vista Boulevard and Vista Hills Boulevard to post notice of Board meetings were in disrepair and had asked if they could be removed. He stated that he would coordinate with the HOA on possible alternatives. Director Asbury stated that the Board would next discuss director items. Mr. Bartram reported that Director Wells had moved out of the District and had resigned from the Board, as reflected by the resignation letter attached as Exhibit "B". Upon motion by Director Reed-Green and second by Director Alger, the Board voted 3-0 to accept the resignation of Director Wells. Mr. Bartram stated that Director Wells' resignation created a vacancy on the Board that could be filled by appointment. He indicated that Mr. Matto had attended last month's meeting and had expressed an interest in joining the Board. Upon motion by Director Reed-Green and second by Director Alger, the Board voted 3-0 to appoint Mr. Matto to Place 3 on the Board. Director Asbury then stated that the Board would consider the Sworn Statements, Oaths of Office, and bonds for Directors Alger and Matto. Upon motion by Director Reed-Green and second by Director Asbury, the Board voted 3-0 to approve the Sworn Statements, Oaths of Office, and directors' bonds for Directors Alger and Matto. Mr. Bartram stated that Director

2 Black, who was also beginning a new term of office, could complete his statement, oath, and bond at the next meeting. Director Asbury then stated that the Board would next discuss Open Meetings Act and Public Information Act issues related to the appointment of a new director. Mr. Bartram stated that Director Matto, as a new Director, was required to undergo Open Meetings Act training within 90 days of taking office. He stated that a training video produced by the Texas Attorney General's office was available online, and he directed Director Matto's attention to the memorandum attached as Exhibit "C" for additional information. He next reviewed the Public Access Option Form attached as Exhibit "D", which he stated would need to be completed within 14 days. Director Asbury then stated that the Board would consider the election of officers. After discussion, Director Reed-Green moved that the Board elect the following slate of officers: Mike Asbury Heath Reed-Green Carl R. Black Leslie Alger Jacob Matto President Vice President Secretary Upon second by Director Alger, the motion passed by a vote of 4-0. Director Asbury next announced that the Board would consider its subcommittee appointments and directed the Board's attention to the subcommittee list attached as Exhibit "E". After discussion, the Board generally agreed that no changes were necessary to the subcommittee assignments at this time. Director Asbury then stated that the Board would consider revised bank account resolutions. Mr. Bartram recommended that the District's existing account resolutions and signature cards be updated to reflect the resignation of Director Wells and the appointment of Director Matto. Upon motion by Director Alger and second by Director Reed-Green, the Board voted 4-0 to approve the updated Resolution Approving Change in Bank Signatories and Change Certificate (Bookkeeper's Account); Resolution Approving Change in Bank Signatories and Change Certificate (Operating Account); and Resolution Approving Change in Bank Signatories and Change Certificate (Lock Box Clearing Account), attached collectively as Exhibit "F", and updated signature cards for such accounts. Director Asbury then stated that the Board would consider approving the minutes of the October 5, 2018 Board meeting. Upon motion by Director Reed-Green and second by Director Alger, the Board voted 4-0 to approve the minutes. Director Asbury next announced that the Board would consider approving a revised District Registration Form. Mr. Bartram recommended that the District's existing Registration Form be updated to reflect the changes in Board and office positions. Mr. Douthitt asked that he be listed as the contact for Bott & Douthitt, PLLC instead of Mary Bott. After discussion, upon motion by Director Alger and second by Director Reed-Green, the Board voted 4-0 to approve the revised District Registration Form attached as Exhibit "G". Director Asbury then stated that the Board would receive an update on the RM 1431 roadway widening project, the TXDOT noise attenuation study, and related matters. Mr. Hunt reported that construction of the sound wall was underway and that he was coordinating with 2

3 the District's engineer to monitor progress and ensure that there were no access issues or conflicts with existing utilities. He stated that the project might require removal of a few trees and that he would also need to coordinate with the HOA so that the strip between the sound wall and the backyard fences did not become a security concern. Director Asbury then stated that the Board would receive an update on wholesale water and wastewater service, including the City's wholesale rate increases. Mr. Bartram stated that the appeal of the City's wholesale rates had been filed at the Public Utility Commission. Mr. Hunt stated that there had been no reaction from the City yet. Mr. Bartram closed by noting that he had received comments to related Interlocal Cooperation Agreement Related to Coordinated Rate Appeal from legal counsel to the Teravista, districts earlier that morning, which he would forward to Mr. Hunt for review with the subcommittee. Director Asbury stated that the Board would next receive the security report and consider taking related action. Mr. Hunt stated that he had not yet received the latest security report but that Sergeant Breeder, the patrol coordinator, had submitted a request to increase patrols by 20 hours per month during the holidays as well as for a raise, as reflected in the pay proposal attached as Exhibit "H". Mr. Hunt stated that the District's deputies, who were currently compensated at $46 per hour, were requesting to increase their hourly compensation to $50 per hour consistent with most other districts in Williamson County. Mr. Hunt confirmed that both requests were within budget. Director Alger asked how long the increased holiday patrol hours would be in place, and Mr. Hunt indicated until about January 15 th Mr. Hunt then presented the Amended and Restated Memorandum of Understanding Patrol Services to be Performed within Vista Oaks Municipal Utility District attached as Exhibit "I", which he explained incorporated the requested compensation increase. After discussion, upon motion by Director Reed-Green and second by Director Matto, the Board voted 4-0 to approve the request for increased holiday patrol hours and compensation, including the Amended and Restated Memorandum of Understanding Patrol Services to be Performed within Vista Oaks Municipal Utility District as presented. Director Asbury then stated that the Board would receive a report from the District's engineer and recognized Mr. Gray. Mr. Gray reported that Herb Edmonson was in the hospital with pneumonia and that he was substituting today on short notice. Mr. Gray first presented the engineering report attached as Exhibit "J", and reviewed it with the Board. Regarding the status of the proposed beautification project, he reported that Pharis Design had provided a set of drawings reflecting existing conditions and options for plantings. Mr. Hunt stated that he would coordinate a meeting with the subcommittee to review. Mr. Gray next reported that the TXDOT sound wall project was in progress, as previously discussed. He then presented the proposals attached collectively as Exhibit "K" for the proposed amenity center lot fence project. He explained that two proposals had been received - one from Guardian Fence that included an option for aluminum fencing in a total amount of $33,150 and an option for wrought iron fencing in a total amount of $23,050; and a second proposal from Gene Theriot that just covered wrought iron fencing. Mr. Gray stated that there was a discrepancy in the length of fencing included in the Theriot proposal and that it should have been for 636 linear feet instead of 526 linear feet. Mr. Gray indicated that adjusting the unit pricing for the discrepancy yielded a total amount for the Theriot proposal of $27,108. Mr. Gray stated that he had worked with both contractors on other projects and was comfortable with either. Mr. Bartram asked if the scope of work should be memorialized by a simple construction contract, and the general consensus was that it should. Mr. Hunt stated that approval of a proposal should also be subject to finalizing the necessary easement 3

4 documentation with the HOA. The Board discussed the longevity of aluminum versus wrought iron. Mr. Gray stated that wrought iron was standard except in certain caustic environments, such as around swimming pools. After further discussion, upon motion by Director Matto and second by Director Reed-Green, the Board voted 4-0 to approve the proposal from Guardian Fence for wrought iron fencing around the amenity center lot, subject to finalizing an easement for the fence from the HOA and preparation of a simple construction contract. Mr. Gray then closed by reporting that he was not aware of the status of the proposed mailbox kiosk lot wall project. Mr. Hunt stated that he was coordinating with the affected homeowners and that Ms. Scholl was working on the necessary easements. Director Asbury next recognized Mr. Douthitt for purposes of receiving the bookkeeper's report. Mr. Douthitt presented the accounting report and updated cash activity report attached collectively as Exhibit "L" and recommended approval of one transfer and payment of the director and vendor payments, with the exception of Director Black's per diem, which would be voided due to absence. He then reviewed the latest financial statements and reported that the District had ended the year with a sizable favorable variance, primarily due to the fact that several projects had been postponed to future fiscal years. Upon motion by Director Alger and second by Director Reed-Green, the Board voted 4-0 to approve the transfer and payment of the bills and invoices as presented, with the void noted. Director Asbury then stated that the Board would receive a report from the District's general manager and utility operator. Mr. Hunt directed the Board's attention to the operations report attached as Exhibit "M" and first reviewed his prior directives. He reported that water loss was at ± -5% for the last reporting period, that there were no write-offs, and that he was still working with the HOA on a license agreement for landscaping services. He further reported that pump no. 1 in the lift station wet well was vibrating and that he planned to engage Pump Solutions to do a confined entry to investigate and make any necessary repairs. He stated that the condition of the equipment in the wet well would be documented with photographs. Mr. Hunt next reported that the annual lead and copper sampling was complete, that the District's wastewater winter-averaging period started the next day, and that he would update the District's website with the solid waste and recycling holiday collection schedule. He then closed by reviewing the proposal attached as Exhibit "N" from the Texas Municipal League Intergovernmental Risk Pool ("TMLIRP") for public employee dishonesty and computer fraud coverage. Mr. Hunt recommended a coverage limit of $100,000 with a $1,000 deductible. Discussion of the background and purpose of such coverage ensued, after which, upon motion by Director Reed-Green and second by Director Alger, the Board voted 4-0 to approve the TMLIRP proposal with the limit and deductible recommended by Mr. Hunt. Director Asbury then stated that the Board would receive the attorney's report and recognized Mr. Bartram. Mr. Bartram stated that, unless the Board had any questions for him, he did not have anything specific to report on at this time. Director Asbury then stated that the Board would discuss future agenda items and meeting schedule. The Board agreed that the next meeting would be held as scheduled at noon on Monday, December 10 th There being no further business to come before the Board, the meeting was adjourned at 1:05 p.m. 4

5 Date: December 10, 2018 (SEAL),,,...,,,,,,,,,,,,,., ' 1jNICIP,4l (J,,,.:,- - -':,... "... ""., ; o... \ s s! ti: - \: >: d> ::o :.. + :o ':.. V :-..., : /.,,,/ '..,,'.,.,,.,,,:, :., MsoN co.. "',.. ' (,,(,,L:,. Heath Reed-Green, Board of Directors 5