MINUTES OF THE MEETING OF FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1. April 16, 2015

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1 MINUTES OF THE MEETING OF FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 April 16, 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 regular session, open to the public, on April 16, 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, thus constituting a quorum. Also present at the meeting were: David Dybala with Jacobs Engineering Group, Inc. ( Jacobs ), the District s Engineer; Breah Campbell with Environmental Development Partners ( EDP ), Operator for the District; Michael Gutierrez with Fort Bend County Precinct One; Angela Glenn with Fort Bend County; Phyllis Herbst, the District s Bookkeeper; Julia McCain with McCall Gibson Swedlund Barfoot PLLC ( MGSB ), the District s Auditor; 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 Quarterly Investment Report was given. C. Review Collateral Pledge Report. No Collateral Pledge Report was given /Minutes

2 Upon motion duly made by Supervisor Carreon, seconded by Supervisor Casher, 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 special and regular meetings of March 19, 2015 were presented for approval. Upon motion duly made by Supervisor Casher, seconded by Supervisor Fleck, the Board voted three to one, with Supervisor Carreon opposed, to approve the minutes of the special meeting held on March 19, Supervisor Medina abstained from voting on the motion. Upon motion duly made by Supervisor Casher, seconded by Supervisor Fleck, the Board voted unanimously to approve the minutes of the regular meeting held on March 19, 2015, as presented. B. Report on Certificates of Convenience and Necessity ( CCNs ). Mr. Willis advised that Mr. Givens is working on completion of the application to the Public Utility Commission for transfer of a portion of the Orbit CCN. C. Regional Plant Committee Report. The Board next considered the Regional Plant Committee Report, a copy of which is attached hereto. In connection therewith, the Board discussed the inflow and infiltration problem experienced by the City of Arcola (the City ) due to the recent rain events, and discussed correspondence with the City regarding same. Upon motion duly made by Supervisor Fleck, seconded by Supervisor Casher, the Board voted unanimously to approve the Regional Plant Committee Report. D. Strategic Partnership Agreement. No action was taken in connection with a Strategic Partnership Agreement. E. Electrical Contract Mr. Willis then updated the Board regarding the efforts of Tradition Energy to procure a new electrical contract on behalf of the District. Mr. Willis advised that Bob Wooten with Tradition Energy indicated that a contract with the General Land Office ( GLO ) was forthcoming, and that, upon review of such contract, it would be executed by Supervisor Hamilton, as approved at the regular meeting in March /Minutes

3 F. Regional Facilities Contract Mr. Willis advised that the City delivered to the District a letter regarding provision of District services to the Fresno Gardens South area within the District. Mr. Willis reminded the Board that this area currently receives wastewater service from the City, and that the City has, per consent given by the District under the Regional Facilities Contract (the RFC ), the right to provide both water and wastewater service to such area. Upon motion duly made by Supervisor Fleck, seconded by Supervisor Casher, the Board voted unanimously to authorize SK Law to discuss the letter with the City, and begin working on a response thereto. G. Five Year Financing Plan No action was taken in connection with the Five Year Financing Plan. H. Procedures for Plumbing Contracts The Board next discussed proposed procedures for the upcoming plumbing contracts, which include construction of water and sewer facilities, as well as the decommissioning of septic systems. In connection therewith, the Board discussed procedures concerning customer inspection and awareness of connections to septic systems, as well as internal plumbing fixtures, and proposed capping of wells when sewer service is provided. No action was taken in connection with the plumbing contract procedures. I. Translation Services The Board then discussed providing translation services in Spanish during the District s upcoming town hall meetings. No action was taken in connection with the translation services. J. Resolution Relating to Annual Review of Red Flags Policy Consideration was then given to a proposed Resolution Regarding Annual Review of Identity Theft Prevention Policy (the Resolut ion ). At this time, the Board conducted a review of the Policy, noting that a report generated by the Operator in connection therewith indicated no recommended changes. Upon motion duly made by Supervisor Casher, seconded by Supervisor Medina, the Board voted unanimously to approve the Resolution. A copy of said Resolution is on file in the official records of the District. K. Resolution Regarding Unclaimed Property No action was taken on the Resolution Regarding Unclaimed Property. 4. OPERATOR S REPORT/TERMINATION OF SERVICE The Board next recognized Ms. Campbell, who submitted to and reviewed with the Board the Operator s Report, a copy of which is attached hereto. Ms. Campbell reported as follows: The District pumped a total of 3,998,000 gallons of water for the month. The District has 555 connections /Minutes

4 The billed to pumped ratio was 85.4%. EDP completed the District s annual report concerning the District s Identity Theft Prevention Program (the Program ). EDP has not cited any instances of iden tity theft, and is recommending no changes to the Program. EDP completed the Water Conservation Plan Annual Report for the Texas Water Development Board. The customer residing at 3406 Pennsylvania Street is requesting an adjustment to their bill due to a plumber s line leak. Upon motion duly made by Supervisor Medina, seconded by Supervisor Casher, the Board voted unanimously to approve the adjustment pursuant to the District s leak adjustment policy. Ms. Campbell addressed the Board concerning customer Burnnia Arline s account. Ms. Arline experienced a leak, and requested a payment arrangement for a three month period. Upon motion duly made and seconded, the Board voted unanimously to grant the payment request. A. Approval of Repairs to Water System. Ms. Campbell reported that EDP repaired two electrical panel surge protectors for a total cost of $1, In connection with the chlorination system, Ms. Campbell requested authorization for EDP to replace two chlorine regulators and the pressure relief valve for an estimated cost of $3,000. Upon motion duly made by Supervisor Fleck, seconded by Supervisor Casher, the Board voted unanimously to authorize EDP to replace the chlorine regulators and pressure relief valve, as requested. B. Approval of Requests for Water Taps. There were no new water taps requested or installed. C. Termination of Water Service. Ms. Campbell reminded the Board that no service terminations will occur this month due to the change in due dates. Upon motion duly made by Supervisor Medina, seconded by Supervisor Fleck, the Board voted unanimously to approve the Operator s Report. 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 lift station electrical components and coordinating for electrical and phone service to the site. - Mr. Dybala presented to the Board Pay Estimate No. 8 in the amount of $84, 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. 6 from Geotest Engineering, Inc. for $1, in connection with material testing services. Upon /Minutes

5 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 is completing installation of water lines throughout the project, as well as the gravity sanitary sewer system along Fairhill Avenue and Merrifield Drive. 3. Teleview Terrace Water and Wastewater Plumbing Contract - Town hall meetings are scheduled to start in April. Jacobs has completed the exhibit boards and property information needed for the meetings. 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. 6. Water Plant Expansion - The notice to proceed date for construction is May 4 th. 7. Preparation of Financial Application for DFUND Loan with TWDB - The application is currently at the Texas Water Development Board ( TWDB ) for review and approval. 8. Phase II Water Distribution System within Public Right-of-Way - The final mylar drawings have been signed by all review agencies, and Jacobs is working on the contract manual. Once the manual is completed, Jacobs will submit the bid documents to the TWDB and request authorization to advertise the project. - Mr. Dybala presented Jacobs proposal for performing Construction Administration and Observation Services for the project. Upon motion duly made and seconded, the Board voted unanimously to approve the Jacobs proposal. 9. Phase III Water Distribution System within Public Right-of-Way - Jacobs received TWDB approval to advertise the project on April 15, Jacobs will advertise the project this month, with the goal of receiving bids for presentation at the May meeting. - Mr. Dybala presented Jacobs proposal for performing Construction Administration and Observation Services for the project. Upon motion duly made and seconded, the Board voted unanimously to approve the Jacobs proposal /Minutes

6 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 - The three year projection is now on the District s website. Upon motion duly made and seconded, the Board voted unanimously to update such information every six months. 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 - 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 /Minutes

7 - 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. AUDIT FOR FISCAL YEAR ENDED DECEMBER 31, 2014 The Board recognized Ms. McCain, who submitted to and reviewed with the Board, the audit for fiscal year ended December 31, Upon motion duly made by Supervisor Fleck, seconded by Supervisor Casher, the Board voted unanimously to approve said audit, a copy of which is available in the District s records. 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

8 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 May 21, /Minutes