MINUTES OF THE MEETING OF FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1. February 19, 2015
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1 MINUTES OF THE MEETING OF FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 February 19, 2015 STATE OF TEXAS COUNTY OF FORT BEND The Board of Supervisors (the Board ) of Fort Bend County Fresh Water Supply District No. 1 of Fort Bend County, Texas (the District ), met in special session, open to the public, on February 19, 2015, commencing at 6:00 p.m. at the Mustang Community Center, 4521 FM 521 North, Fresno, Fort Bend County, Texas, inside the boundaries of the District, and the roll was called of the duly constituted officers and members of the Board, to wit: Paul Hamilton Greg Fleck Calvin Casher Rodrigo Carreon Rosa Linda Medina President Vice President Secretary Assistant Secretary Assistant Secretary All members of the Board were present, except Supervisor Hamilton, thus constituting a quorum. Also present at the meeting were: David Dybala with Jacobs Engineering Group, Inc. ( Jacobs ), the District s Engineer; Tracy Butcher with Environmental Development Partners ( EDP ), Operator for the District; Michael Gutierrez with Fort Bend County Precinct One; Phyllis Herbst, the District s Bookkeeper; David Smalling with Robert W. Baird & Co. ( Baird ) ; Phillip Givens with Superior Management; members of the public, the names of which are on the attached attendance sheet; and Michael R. Willis of Sanford Kuhl Hagan Kugle Parker Kahn LLP ( SK Law ), the District s Attorney. The meeting was called to order and the following business was transacted. 1. BOOKKEEPER S REPORT The Board first considered the Bookkeeper s Report presented by Ms. Herbst, a copy of which is attached hereto, and the invoices and checks presented for payment as follows: A. Approval of Bills. The Board reviewed the bills presented for payment. B. Review Investment Report. No investment report was given. C. Review Collateral Pledge Report. No Collateral Pledge Report was given /Minutes
2 Upon motion duly made by Supervisor Medina, seconded by Supervisor Carreon, the Board voted unanimously to (1) accept the Bookkeeper s Report as presented; and (2) authorize the payment of the checks and invoices listed therein. 2. TAX REPORT In the absence of the Tax Assessor, no Tax Report was given. 3. ATTORNEY S REPORT The Board recognized Mr. Willis, who presented the Attorney s report as follows: A. Approval of Minutes. Proposed minutes of the meeting of January 15, 2015 were presented for approval. The Board deferred action on the proposed minutes. B. Report on Certificates of Convenience and Necessity ( CCNs ). Superior Management Proposal The President recognized Mr. Givens with Superior Management ( SM ), who presented to the Board a proposal for consulting services in connection with the District s cancelation of a portion of the CCN owned by Orbit Systems within the Teleview Terrace subdivision. Mr. Givens advised that his services would include, but not be limited to, compliance assistance in connection with the completion of necessary documentation with the Public Utility Commission ( PUC ). Upon motion duly made by Supervisor Casher, seconded by Supervisor Medina, the Board voted unanimously to approve SM s proposal for compliance assistance. C. Regional Plant Committee Report. The Board next considered the Regional Plant Committee Report, a copy of which is attached hereto. Upon motion duly made by Supervisor Medina, seconded by Supervisor Casher, the Board voted 4-1, with Supervisor Carreon opposed, to approve the Regional Plant Committee Report. D. Financing and Construction Plan for future projects. Mr. Willis next updated the Board regarding discussion with Fort Bend County in connection with the District s three year development schedule. Mr. Willis advised that the County had some minor comments to the proposed schedule, and that Mr. Dybala will be revising same based upon said comments. Mr. Willis further stated that the County anticipates attending the Board s March meeting. E. Strategic Partnership Agreement. No action was taken in connection with a Strategic Partnership Agreement. F. Resolution Concerning Tax Exemptions For 2015 Consideration was next given a proposed Resolution Concerning Tax Exemptions for /Minutes
3 Upon motion duly made by Supervisor Medina, seconded by Supervisor Carreon, the Board voted unanimously to approve the Resolution Concerning Tax Exemptions for A copy of said Resolution is on file in the official records of the District. G. Engage Attorney To Collect Delinquent Taxes Consideration was then given to engaging an Attorney to collect the District s delinquent taxes. The Board noted that the District has a contract with Linebarger Goggan Blair and Sampson ( Linebarger ) to collect the District s delinquent taxes and that such contract continues until terminated. Upon motion duly made by Supervisor Medina, seconded by Supervisor Casher, the Board voted unanimously to engage the services of Linebarger to collect the District s delinquent taxes, including the 2014 taxes that are delinquent on July 1, 2015 and thereafter. H. Resolution Regarding 20% Penalty Consideration was next given a proposed Resolution Concerning 20% Penalty. Upon motion duly made by Supervisor Medina, seconded by Supervisor Casher, the Board voted unanimously to approve the Resolution Concerning 20% Penalty. A copy of said Resolution is on file in the official records of the District. 4. OPERATOR S REPORT/TERMINATION OF SERVICE The Board next recognized Mr. Butcher, who submitted to and reviewed with the Board the Operator s Report, a copy of which is attached hereto. Mr. Butcher reported as follows: The District pumped a total of 4,328,000 gallons of water for the month. The District has 552 connections. The billed to pumped ratio was 80.0%. EDP requested a change in the billing due date for the District from the 5th to the 13th of the month. Supervisor Carreon informed Mr. Butcher of the location of fire hydrant leaks within the District. A. Approval of Repairs to Water System. There were no repairs reported. B. Approval of Requests for Water Taps. EDP installed residential taps and meters at four locations, with costs totaling $2, C. Termination of Water Service. Consideration was then given to the termination of water service to the delinquent accounts listed on the Termination List in the Operator s Report. The Board noted that there were no customers present /Minutes
4 at the meeting who wished to address the Board regarding their water bills or to protest termination of water service. Upon motion duly made by Supervisor Medina, seconded by Supervisor Casher, the Board voted unanimously (i) to authorize the Operator to terminate service to the accounts listed on the Termination List with the assistance of a peace officer, if necessary; and (ii) approve the Operator s Report, including authorizing EDP to adjust the District s billing due date as discussed above. 5. ENGINEER S REPORT The Board recognized Mr. Dybala, who presented the Engineer s Report as follows: A. Status of Projects. 1. Teleview Terrace Subdivision Lift Station and Forcemain - The Project is currently under construction. The contractor is currently working on construction of the lift station piping and electrical components. CenterPoint has installed the electrical poles and overhead lines to bring power to the lift station site. Jacobs is currently coordinating with Verizon to extend phone service to the site. - Mr. Dybala presented to the Board Pay Estimate No. 6 in the amount of $123, from R&B Group. Mr. Dybala recommended approval of the Pay Estimate. Upon motion duly made and seconded, the Board voted unanimously to approve Pay Estimate No Mr. Dybala presented to the Board for consideration and approval Pay Estimate No. 5 from Geotest Engineering, Inc. for $1, in connection with material testing services. Upon motion duly made and seconded, the Board voted unanimously to approve Pay Estimate No Teleview Terrace Subdivision water and wastewater system - The Project is under construction. The Contractor has begun mobilization efforts, as well as some clearing and grubbing. - Mr. Dybala presented to the Board for consideration and approval Pay Estimate No. 1 from Geotest Engineering, Inc. for $ in connection with material testing services. Upon motion duly made and seconded, the Board voted unanimously to approve Pay Estimate No Teleview Terrace Water and Wastewater Plumbing Contract - The District s consultants are preparing for town hall meetings, to occur beginning in April, Marbill Estates/Portion of Ridgewood Estates/Teague Road - Jacobs is in the process of completing the construction drawings for agency review. 5. Water and Wastewater Plumbing Contract for Marbill Estates, and Ridgewood Estates Subdivisions, and North and South Teague Road - Town hall meetings will begin once construction of the Teleview Terrace Subdivision Water and Wastewater System is underway /Minutes
5 6. Water Plant Expansion - A bid opening for the Project occurred on February 10, 2015 where seven bids were received. Upon review of the bids, Jacobs recommended awarding the Project to Nunn Constructors, Ltd. ( Nunn ), with a bid amount of $431, Upon motion duly made and seconded, the Board voted unanimously to award the Project to Nunn. 7. Preparation of Financial Application for DFUND Loan with TWDB - Jacobs completed preparation of engineering portion of the report. Mr. Willis advised that the legal portion is complete, and is awaiting completion of the fiscal portion by the District s financial advisor. 8. Phase II Water Distribution System within Public Right-of-Way - Jacobs received review comments from all review agencies, and is preparing the final mylar drawings for final agency signatures. - Jacobs is coordinating with the Attorney regarding Turner and Aqua CCNs. Mr. Willis advised that Mr. Givens would assist with these CCNs as well. 9. Phase III Water Distribution System within Public Right-of-Way - Final construction documents have been completed and submitted to the TWDB for review. Jacobs is awaiting approval from the TWDB to advertise the project. 10. Phase II and III Water Plumbing Contract - Jacobs will start this process once the Phase II and III water Distribution Projects are underway Year Projection for District Water and Wastewater Projects - Mr. Dybala completed the three year projection analysis, and is incorporating comments from Fort Bend County. 12. Fresno Gardens North Wastewater Collection System - Jacobs is in the process of completing construction drawings for agency review. 13. Fresno Gardens North Wastewater Plumbing Contract - Town hall meetings will be conducted once the public wastewater lines for this area are under construction. B. Authorize Engineer to prepare plans and specifications for Projects - No action required. C. Authorize advertisement for bids for construction of water and wastewater projects /Minutes
6 - No action required. D. Report on Status of Project Funding 1. One Year Warranty Expiration Dates - None to report. 2. FY08 EPA STAG Grant - Maximum reimbursable amount from FY08 STAG Grant = $239,000; Reimbursement Requests submitted to date: $29,994.96; Amount received: $29, Deadline has been extended to June 30, Such funds will be used for water service connections. 3. FBC FY14 CDBG Funds - The CDBG notified the District that it will receive $217, in funds for the next water and wastewater system plumbing contract. 4. WRDA $20M Construction Grant - Waiting for direction from Corp of Engineers. E. Requests for Water and Sewer Service - Mr. Dybala updated the Board on the status of commercial applications, detailed in the attached Engineer s Report. F. Application for Financial Assistance with the TWDB - No action was taken. Upon motion duly made by Supervisor Medina, seconded by Supervisor Fleck, the Board voted unanimously to approve the Engineer s Report. 6. CONSIDER FINANCIAL ADVISOR S CONTRACT The President recognized Mr. Smalling, who presented to the Board an Agreement between the District and Baird for financial advisory services (the FA Agreement ). Upon motion duly made by Supervisor Casher, seconded by Supervisor Medina, the Board voted unanimously to approve the FA Agreement. 7. HEAR FROM THE PUBLIC At this time, the Board opened the meeting to comments from the public. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.] /Minutes
7 There being no further business to come before the Board, upon a motion duly made and seconded, the Board voted unanimously to adjourn. PASSED, ADOPTED, and APPROVED this March 19, /Minutes
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