MINUTES FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 2. July 24, 2018

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1 MINUTES FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 July 24, 2018 The Board of Directors (the "Board") of Fort Bend County Municipal Utility District No. 2 (the "District") met in regular session, open to the public, on the 24th day of July, 2018, at Townewest Club House, Old Towne Lane, Sugar Land, Texas, inside the boundaries of the District, and the roll was called of the members of the Board: Pam Kelley Robert Yack Lisa Dudley Betty J. Stewart Terri Doyle President Vice President Secretary Assistant Vice President Assistant Secretary and all of the above were present, thus constituting a quorum. Also present for all or a portion of the meeting were Justin Markel and Frank Carroll of Roberts Markel Weinberg Butler Hailey, PC; Whitney Milberger-Laird of the North Fort Bend Water Authority ("NFBWA"); Officers Calvin Johnson and Scott Gill; Kim Cosco of Champions Hydro-Lawn, Inc. ("Champions"); Chad Abram of IDS Engineering Group ("IDS"); Erin Garcia of Myrtle Cruz, Inc. ("Myrtle Cruz"); Rebecca Marcucci of Municipal District Services LLC ("MDS"); David Patterson of Assessments of the Southwest, Inc. (" ASW"); Julia Henry, a member of the public; Colleen Perez, Susie Lehman, Liliana Gamba, and Wendy Correa, residents of the District; and Whitney Higgins and Merry Heyne of Allen Boone Humphries Robinson LLP (" ABHR"). PUBLIC COMMENTS Ms. Higgins opened the meeting for public comments. Ms. Lehman addressed the Board and informed the Board of a recent water leak at her property located at Grand Pines Drive. She said that her typical usage is gallons and due to the water leak, her bill reflected usage of 22,000 gallons of water. Ms. Gamba requested an update on MDS's inspection of the possible damage to Ms. Gamba's neighbor's sidewalk located at Country Manor Lane believed to be related to a storm sewer manhole. The Board noted it would consider these items later in the meeting under the relevant agenda items. Ms. Gamba thanked the Board for all of the Directors and the District's consultants' assistance in taking such good care of maintaining the District and its facilities. She added that she has heard of false rumors circulating through the District about some of the Board members that were allegedly

2 started by one of the Board members. There being no additional public comments, Ms. Higgins closed the meeting to public comments. CONSENT AGENDA The minutes from the June 26, 2018, regular Board meeting, and June 13, 2018, special Board meeting, and consultant reports were previously distributed. After discussion, Director Dudley moved to remove agenda item 2(b) from the consent agenda, to approve all remaining items on the consent agenda, and to direct that, where appropriate, items are filed and retained in the District's official records, including the following: (1) the minutes from the June 26, 2018, regular Board meeting, and June 13, 2018, special Board meeting; (2) the engineer's report; (3) the operator's report; and (4) re-approve and authorize execution of an Interlocal Agreement between the District and Fort Bend Subsidence District reflecting the sponsorship of Townewest Elementary School, or in the alternative, Meadows Elementary School, if Townewest Elementary School does not participate in the Water Wise Program. Director Doyle seconded the motion, which passed unanimously. Copies of all reports approved as part of the consent agenda are attached. FINANCIAL AND BOOKKEEPING MATTERS Ms. Garcia presented and reviewed the bookkeeper's report, a copy of which is attached, including the District's bills, budget comparison, and investment report. Following review and discussion, Director Dudley moved to approve the bookkeeper's report, including payment of the bills. Director Stewart seconded the motion, which passed unanimously. QUARTERLY BUDGET REVIEW AND ADOPT AMENDED BUDGET Ms. Garcia reported to the Board that she has no recommended amendments to the budget at this time. ITEMS REMOVED FROM CONSENT AGENDA TAX ASSESSMENT AND COLLECTION MATTERS Mr. Patterson presented and reviewed the tax assessor/ collector's report, a copy of which is attached. He also reviewed the delinquent tax report, a copy of which is attached to the tax assessor/ collector's report. He requested authorization for water termination of the eligible delinquent accounts that have not been paid or otherwise responded to delinquent tax and water termination letters. Director Kelley discussed various delinquent accounts in the District, including the properties that are listed for sale and scheduled to close soon. -2-

3 After review and discussion, Director Dudley moved to (1) approve the tax assessor/ collector's report; and (2) authorize water termination for the eligible delinquent accounts that have not been paid or otherwise responded to delinquent tax and water termination letters. Director Kelley seconded the motion, which passed unanimously. SECURITY PATROL MATTERS Officer Johnson discussed security patrol matters included in the previously distributed Security Patrol Report, a copy of which is attached. Officer Johnson reported that he has received several complaints regarding speeders on West Bellfort as a result of the four-way stop sign being removed. He informed the Board that Fort Bend County Road and Bridge ("Road and Bridge") has informed him that a flashing speeding sign can be placed on West Bellfort to try to reduce the number of cars speeding. He added that Road and Bridge will maintain the sign for one year and at the end of that one year period, if the District would like to continue using the flashing speeding sign, the District or one of the homeowners associations in the District, can maintain the sign and enter into a maintenance agreement with Road and Bridge. After review and discussion, Director Dudley moved to (1) approve the security report; and (2) authorize IDS to contact Road and Bridge to add the flashing speeding sign on West Bellfort, as discussed. Director Kelley seconded the motion, which passed unanimously. NORTH FORT BEND WATER AUTHORITY MATTERS Ms. Milberger-Laird introduced herself and informed the Board that she is a water conservation manager with the NFBW A and can be a resource to the District for NFBW A matters. Director Dudley informed Ms. Milberger-Laird of the area in the District that is owned by the NFBW A that has a large hole and needs to be repaired. She reported that Director Stewart previously contacted Robert Darden of the NFBW A, and he requested that the District engineer or operator contact the NFBWA engineer directly regarding this matter. Ms. Milberger-Laird informed the Board that she will look into this matter. Ms. Milberger-Laird next provided information to the Board regarding the NFBW A's Conservation and Outreach Program and other resources available to the District. She added that she also works with elementary schools to encourage water conservation, and she is available to come to events in the District to provide information on water conservation. -3-

4 Following discussion, the Board concurred to designate Directors Stewart and Doyle, as well as Ms. Marcucci, to be the board representatives to work with Ms. Milberger-Laird regarding NFBWA matters. DETENTION AND DRAINAGE FACILITIES AND LANDSCAPING REPORT FROM CHAMPIONS HYDRO-LAWN, INC., PROJECTS, AND RELATED AGREEMENTS Mr. Cosco reviewed a Detention and Drainage Facilities Report, a copy of which is attached. Mr. Cosco updated the Board on the property located at the corner of Belknap Road and Townewest Boulevard that needs to be mowed again. He reported that Champions contacted the landowner and did not receive a response. Director Kelley stated that she also contacted the landowner and did not receive a response. Discussion ensued. Mr. Cosco reported on three rental properties that are requiring maintenance and removal of debris. He informed the Board that this debris could affect the District facilities and that it would be a benefit to the District to remove the debris. Ms. Marcucci reported that MDS sent letters to the owners to maintain their properties and they have not responded. Discussion ensued regarding some of the area being private property adjacent to the easement which would require the homeowners or renters to sign Permission for Right of Entry forms which would allow the District to go onto the land to remove the debris. Mr. Cosco informed the Board that Champions will do a one-time clean up at no cost to the District. Following discussion, Director Doyle moved to authorize Champions to do a one-time clean up of the rental properties because the debris could affect the District facilities, as discussed, subject to Champions receiving signed Permission for Right of Entry forms from the three occupants. Director Dudley seconded the motion, which passed by a vote of three to two, with Directors Yack and Stewart voting against. Mr. Cosco updated the Board on the Fort Bend County interceptors within the District that require repair. He reported that he presented the proposals to Cody Kalkomey of the Fort Bend County Drainage District ("FBC Drainage District"), and Mr. Kalkomey indicated that the FBC Drainage District will do the repairs but is unable to give a specific time commitment. Following discussion, the Board concurred to wait on FBC Drainage District to do the repairs and revisit this matter in several months, if necessary. CONVENE IN EXECUTIVE SESSION The Board convened in executive session at 10:13 a.m., pursuant to Section , Texas Government Code, to conduct a private consultation with attorney to discuss pending or contemplated litigation, or a settlement offer. -4-

5 RECONVENE IN OPEN SESSION taken. The Board reconvened in open session at 10:33 a.m. There was no Board action ACTION ITEMS FOR ENGINEERING AND OPERATIONS Ms. Marcucci discussed adding a bill message regarding maintaining a watersmart lawn and not mowing too low. Ms. Marcucci reported that MDS received one customer request for reimbursement in the amount of $3,472 from the property owner at Spanish Grant Drive in response to MDS notifying the District residents who may have previously repaired driveways or sidewalks in the public easement or right-of-way along Spanish Grant Drive. The Board discussed reimbursing this property owner for the portion of the driveway covered in accordance with the Board policy. Ms. Marcucci presented and reviewed a proposal for phase 23 storm sewer inlet and manhole repairs in the amount of $48,780. Mr. Abram confirmed that the capital improvements made as part of these projects are payable from bond funds. Following review and discussion, Director Dudley moved to (1) approve the bill message as discussed; (2) approve reimbursement to the property owner at Spanish Grant Drive for repair of his driveway, after adjustments have been made to the reimbursement amount in accordance with Board policy; and (3) authorize MDS to perform the phase 23 storm sewer inlet and manhole repairs in the amount of $48,780. Director Doyle seconded the motion, which passed unanimously. Director Yack left the meeting. Mr. Abram reported on the possible damage related to a storm sewer manhole on the property located at Country Manor. He informed the Board that MDS did an inspection and found no surface defects and found the pipes to be in good shape. He added that due to this finding, the District is not responsible for the repair. Mr. Abram reported on the possible damage related to a storm sewer manhole on the property located at Hollow Canyon. He informed the Board that MDS did an inspection and found some root infiltration. He added that IDS will be doing further investigation on this matter. Ms. Marcucci reported on the recent water leak at the property located at Grand Pines Drive discussed earlier in the Board meeting. She said that she now has an anonymous donor who will help pay this water bill after it has been adjusted due to the water leak. -5-

6 HEARING ON TERMINATION OF WATER AND SEWER SERVICE TO DELINQUENT CUSTOMERS AND CUSTOMER APPEALS Ms. Marcucci reviewed customer correspondence and discussed updates to the extensions and adjustments approved by MDS since the last Board meeting and reviewed accounts recommended for write-off as listed in the operator's report. Following review and discussion, Director Dudley moved to approve the extensions, adjustments, and write-off accounts as recommended by MDS. Director Kelley seconded the motion, which passed unanimously, with Director Yack being absent. Copies of the lists for extensions, adjustments, and write-offs are filed and retained in the District's official records. The Board next conducted a hearing on the termination of utility service to delinquent accounts. Ms. Marcucci reported that the residents on the delinquent list were mailed written notice prior to this meeting in accordance with the District's Rate Order, notifying them of the opportunity to appear before the Board to explain, contest, or correct the nonpayment of their utility service bill, and to show reason why utility service should not be terminated for reason of nonpayment. After review and discussion, Director Dudley moved to authorize that service to the customers on the termination list with accounts remaining unpaid and who were not present at the meeting and had not presented any written statement on the matter be terminated in accordance with the District's Rate Order, except for accounts in amounts below $ Director Kelley seconded the motion, which passed unanimously, with Director Yack being absent. Director Doyle left the meeting. UPDATE ON POTENTIAL PARK BOND MATTER This agenda item was deferred until a later Board meeting. CONSIDER PROPOSALS FROM LANDSCAPE ARCHITECTS FOR DISTRICT PARK PLAN AND TAKE APPROPRIATE ACTION, IF NECESSARY The Board considered the proposals previously provided by Four & One Landscape Architecture ("Four & One") and KGA/DeForest Design. Following review and discussion, Director Kelley moved to approve the proposal from Four & One. Director Dudley seconded the motion, which failed to pass due to Directors Yack and Doyle being absent, Director Stewart voting against, and lack of a quorum. -6-

7 UPDATE ON SIDEWALK REPAIR POLICY AND TAKE APPROPRIATE ACTION, IF NECESSARY Following discussion, Director Dudley moved to approve the amended sidewalk policy. Director Kelley seconded the motion, which failed to pass due to Directors Yack and Doyle being absent, Director Stewart voting against, and lack of a quorum. DISTRICT WEBSITE MATTERS The Board discussed additions to the District website. CORRESPONDENCE RECEIVED BY THE DISTRICT, DIRECTORS OR CONSULTANTS, AND REPORTS ON DISTRICT BUSINESS AND OPERATIONS Discussion ensued regarding scheduling the District budget meeting. Following discussion, the Board concurred to schedule the District budget meeting on either August 17, 2018, or August 29, 2018, at 11:00 a.m. at MDS, contingent upon MDS having an available meeting room. ATTORNEY'S REPORT There was no discussion on this agenda item. There being no further business to come before the Board, the meeting was adjourned by agreement. (SEAL) -7-

8 LIST OF ATTACHMENTS TO MINUTES Engineer's Report... 2 Operator's Report Bookkeeper's Report... 2 Tax assessor/ collector's report... 2 Security Patrol Report... 3 Detention and Drainage Facilities Report