MINUTES OF MEETING OF BOARD OF DIRECTORS OF WELI.S BRANCH MUNICIPAL UTILITY DISTRICT. January 25, 2018

Transcription

1 MINUTES OF MEETING OF BOARD OF DIRECTORS OF WELI.S BRANCH MUNICIPAL UTILITY DISTRICT January 25, 2018 THE STATE OF TEXAS COUNTIES OF TRAVIS AND WILLIAMSON. A meeting of the Board of Directors of Wells Branch Municipal Utility District was held on January 25, 2018 at the Wells Branch Recreation Center, 3000 Shoreline Drive, 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: Shelley Palmer Howard Hagemann - Betsey Harper Moises Solis Janet Maxey President Vice President Secretary Treasurer Assistant Secretary-Treasurer and all of the Directors were present except Directors Harper and Solis, thus constituting a quorum. Also present at times during the course of the meeting were Shirley Ross, the District Manager; Sheena Powenski, Executive Assistant; Chris Donnelly, Special Projects and IT Manager; Randy Baker, Jack Hendren, Mary Hendren, and Daniel White, residents of the District; Brent Baker of Studio 16:19, LLC; Trent Rush of Hitchcock Design Group; Allen Douthitt of Bott & Douthitt, PLLC, the District's accounting firm; Robert Anderson of Crossroads Utility Services LLC, the District's utility manager; Robert Ferguson of Murfee Engineering Company, the District's engineer; Richard Fadal of TexaScapes, Inc., the District's landscape services contractor; Deputy Jon Culin of the Travis County Sheriffs Office; Tanya Emmons of Pinnacle Texas Management Services, the District's recording secretary; and John Bartram of Armbrust & Brown, PLLC, the District's general counsel. Director Palmer called the meeting to order at 6:oo p.m., and welcomed the audience. She reminded those present to sign in and to silence their phones, and she asked those wishing to address the Board to complete a comment form and to state their full name for the record. Director Palmer announced that the Board would first receive public comment. She recognized Randy Baker. Mr. Baker thanked the Board for having porta potties installed at the disc golf course. A brief discussion regarding the placement of the potties ensued. Mr. Baker opined that the current placement was good for the disc golfers. Director Palmer next announced that the Board would receive Board Member announcements. There were none. Director Palmer then announced that the Board would consider the consent agenda as follows: agenda item 1 Minutes of the December 19, 2017 meeting; and {Wo }

2 agenda item 2 Resolution Adopting Amended and Restated Wells Branch Municipal Utility District Cafeteria (Health FSA) Plan. Director Maxey moved to approve the December 19, 2017 meeting minutes, as presented. Upon second by Director Hagemann, the motion passed unanimously (3-0). Director Maxey then moved to approve the Resolution Adopting Amended and Restated Wells Branch Municipal Utility District Cafeteria (Health FSA) Plan, attached as Exhibit "B". Mr. Bartram stated that this agenda item was a "housekeeping item" to incorporate the new annual contribution limits. He explained that the District's benefits counsel had reviewed the District's Cafeteria Health FSA (flexible spending account) Plan and had recommended approval. Director Palmer asked what changes had been made to the plan, and Mr. Bartram replied that it was his understanding that only the contribution limits had been amended. Following a brief discussion, upon second by Director Hagemann, the motion passed unanimously (3-0). Director Palmer next announced that the Board would receive the accountant report. Mr. Douthitt directed the Board's attention to his report, attached as Exhibit "C". He reviewed the financial highlights summary dated January 16, 2018 and reported that the operating fund balance through October was approximately $8,700,000, that the current operating fund had cash and investments of approximately $9,200,000, and that the debt service fund balance was $39,000. Mr. Douthitt stated that the month of November had come in $390,000 ahead of plan, and that, year-to-date, the District was $655,000 ahead of plan, due primarily to lower costs related to the City of Austin wholesale water and sewer rates. He reported that the City of Austin rate adjustment for November was $40,000, that the to-date (June 2014 to November 2017) total was $1,814,000, that the billing credit for November was $40,000, and that the billing credit total was $1,148,000. Mr. Douthitt stated that year-to-date capital disbursements totaled $162,000, the majority of which was spent on the new playscapes. He reported that tax collection through December 31, 2017 was 48%, which was slightly higher than in past years. Mr. Douthitt stated that the auditor would present the audit report at the February 6 meeting. He then directed the Board's attention to the disbursement report and transmittal records, attached collectively as Exhibit "D". Mr. Douthitt stated that he was requesting approval of the payment of the bills and invoices, and two funds transfers, including a Series 99 bond payment. Director Hagemann moved to approve the payment of bills and invoices as requested. Upon second by Director Maxey, the Board voted unanimously (3-0) to approve payment of bills and invoices as reflected on the December 31, 2017 check registers, and the January 5, 2018, January 11, 2018, and January 18, 2018 transmittal records. Director Palmer then moved to approve the transfer of $263, from the TexPool Tax Account to the TexPool Operating Account. Upon second by Director Hagemann, the motion passed unanimously (3-0). Director Palmer next moved to approve the transfer of $ from the TexPool Debt Service Account to the Bank of New York Mellon Account for payment on the Series 99 bonds. Director Maxey seconded the motion, which passed unanimously (3-0). Director Palmer then announced that the Board would receive a report from the Finance Committee. Ms. Ross directed the Board's attention to the Notes of the January 9 Finance Committee meeting, attached as Exhibit "E". She reviewed item 3 on the Notes and reported that she had spoken with Drew Talley of the WaterWise Conservation educational outreach program, and that he had advised that all local 5 th grade classes had enrolled in the program. Ms. Ross stated that the committee had discussed an incentive program to encourage student participation whereby the class with the highest participation would be rewarded with a classroom pizza party and the teacher would receive $50 for purchase of classroom supplies. Ms. Ross then directed the Board's attention to item 4 on the Notes and to the Secretary's Certificate and Amended Resolutions Regarding District Manager Account. She explained that she and Mr. {Wo } January 25, 2018

3 Douthitt had discussed possible changes to the District's procedures regarding approval of expenditures in order to facilitate payment of utility bills so as to avoid late payment penalties, and that Mr. Bartram had worked with Mr. Douthitt on a revision to the current resolution. Mr. Douthitt stated that while the District did not incur late fees on City of Austin water and wastewater bills, other utilities did charge late fees. Director Hagemann expressed concern that the proposed changes did not place a limitation on the amount. Director Hagemann agreed that the District should avoid late payment penalties. He suggested that the District Manager be authorized to pay regular recurring utility bills of up to $10,000 from the District Manager Account. Following a brief discussion, Director Hagemann moved to approve the Secretary's Certificate and Amended Resolutions Regarding District Manager Account, attached as Exhibit ~' with a limit of $10,000 for regular recurring utility bills and invoices. Upon second by Director Maxey, the motion passed unanimously (3-0). Director Palmer then announced that the Board would receive a report from the District's utility operator. Mr. Anderson directed the Board's attention to the utility manager's report attached as Exhibit "G". Mr. Anderson stated that there had been no main line breaks since his last report. He reported that the bacteriological analyses reports had been satisfactory and that the water loss for the period ending December 11, 2017 was 6-49%. Mr. Anderson stated that Crossroads was monitoring the water loss and would be prepared to initiate leak detection if warranted. He advised the Board that there had been 13 delinquent service terminations in December, and that there were no write-offs to be approved this month. Director Palmer then announced that the Board would receive a landscape maintenance and compost report from the District's landscaper. Mr. Fadal directed the Board's attention to his monthly report, attached as Exhibit "H". He reviewed the report and stated that his crews had been busy performing "traditional winter tasks". Mr. Fadal stated that the 2017 curbside compost collection totaled 14,825 cubic yards, the fourth highest total since the program began in Mr. Fadal reported that invasive plant removal had begun. Mr. Fadal then directed the Board's attention to Proposal ID 9265, attached as Exhibit "I", for landscape updates and tree plantings in the North Meadow and Doria Drive areas. He reviewed the proposal and advised the Board that he was still reviewing the specifics of the proposal with the Parks and Facilities Committee, and that, while the plants might change, the price would not. Upon motion by Director Palmer and second by Director Maxey, the Board voted unanimously (3-0) to approve Proposal ID 9265 in the amount of $23,914,44. Mr. Fadal next directed the Board's attention to Proposal ID 9267, attached as Exhibit "J", to convert the temporary irrigation system in the easement at the soccer complex to a permanent installation. He distributed a sketch of the proposed installation, attached as Exhibit "K", and reviewed the proposed plan. He stated that, after soccer play concluded in May, the new system would be installed. Following a brief discussion, Director Hagemann moved to approve Proposal ID 9267 in the amount of $11,900. Upon second by Director Palmer, the motion passed unanimously (3-0). Lastly, Mr. Fadal directed the Board's attention to Proposal ID 9268, attached as Exhibit "L", for erosion control modifications to the creek in the East Meadow. He distributed a photo to the Board, attached as Exhibit "M". Following a brief discussion, Director Hagemann moved to approve Proposal ID 9268 in the amount of $12,610. Upon second by Director Maxey, the motion passed unanimously (3-0). Director Palmer announced that the Board would next receive an update on the trail maintenance and enhancement projects. Mr. Fadal directed the Board's attention to the Trail & Landscape Project Report, attached as Exhibit "N". He reviewed the report and noted that item 1, invasive plant removal, had been completed, and that item 2, crib wall planting would be done in March. Mr. Fadal noted that items 4, 5, and 6 had just been approved. He advised the Board that Harte Hanks had been unable to find a contractor willing to bid on the required {Wo } -3- January 25, 2018

4 repair to Pond 273, and stated that, at the suggestion of Ms. Ross, TexaScapes would perform the repairs under its agreement with the District, and that the District would bill Harte Hanks for the work. Mr. Fadal noted that item 9, the East Meadow Nature Park concepts would be pushed to the February Parks and Facilities Committee meeting. Director Palmer next announced that the Board would receive a report from the District's engineer. Mr. Ferguson directed the Board's attention to his Memorandum dated January 10, 2018, attached as Exhibit "O". He reviewed his memorandum report. Mr. Ferguson reported that there were no updates or change in status regarding the St. Elias Church and Baker Chiropractic Clinic projects, and that the discharge level spreader at the Affinity Apartments was functioning as intended. He stated that, with respect to the Water Quality Pond Maintenance items, work at the Doria Pond and at the Bratton Lane Pond had been delayed due to weather. Mr. Ferguson reported that the Sweetwater Apartments had engaged Murfee Engineering to provide follow-up reports on repair work completed in response to the wastewater line video inspection. Director Palmer then announced that the Board would consider the Shoreline Park Soccer Complex project. Mr. Ferguson directed the Board's attention to his memorandum report, attached as Exhibit "P", which he reviewed. Director Palmer next announced that the Board would consider the Bescott Drive water quality pond rehabilitation project. Mr. Ferguson directed the Board's attention to and reviewed his Memorandum dated December 29, 2017, attached as Exhibit "Q". Director Palmer then announced that the Board would receive a report from the Parks and Facilities Committee. Director Palmer directed the Board's attention to the Notes of the January 10 meeting of the Parks and Facilities Committee, attached as Exhibit "R". She reviewed item 6, Butterfly Garden Signs, and reported that the committee and staff agreed with the suggestion by a resident that trail signage directing residents to the butterfly garden was needed. Director Palmer also called attention to item 4D, Update on Water Quality Pond Repairs and noted that Mr. Ferguson had covered this item in his report earlier in the meeting. Director Maxey stated that there was a new engineer at Travis County Transportation and Natural Resources (TNR). Director Palmer then asked Ms. Ross to address item 5, Willow Bend Shade Structure. Ms. Ross directed the Board's attention to Action Sheet, photograph, and diagrams, all attached collectively as Exhibit "S". She noted that the photograph was not taken at the Willow Bend pool, but was an example of the type of shade structure being proposed. Ms. Ross reported that staff had researched costs, checked references, and identified an affordable option at a cost not to exceed $24,000. She stated that the structure frame carried a 20 year warranty and that the shade fabric had a 10 year warranty. Ms. Ross advised the Board that it was the recommendation of the Parks and Facilities Committee that the Board authorize Ms. Ross to install a shade structure on the deck at the shallow end of the Willow Bend Pool. She added that the District's standard construction contract would be used for the project. Director Maxey asked if the deck would be shaded in the afternoon sun. Mr. Donnelly replied that it would. Director Maxey moved to authorize the District Manager to install a shade structure on the deck at the shallow end of the Willow Bend Pool at a cost not to exceed $24,000. Upon second by Director Hagemann, the motion passed unanimously (3-0). Director Palmer next announced that the Board would receive a report on the Recreation Center Skate Park project. Trent Rush directed the Board's attention to the Hitchcock Design Group Monthly Report - January 2018, attached as Exhibit "T". He reviewed the report and advised the Board that there were no payment applications to present. Mr. Rush stated that he anticipated having a payment application at the next meeting. {Wo } January 25, 2018

5 Director Palmer then announced that the Board would receive a report from the Recreation Committee. Director Maxey directed the Board's attention to the Notes of the January 5 Recreation Committee meeting, attached as Exhibit "U", and reviewed the Notes. She reported that it was the recommendation of the committee to extend the Recreation Center hours to 8:oo a.m. to 8:oo p.m. on Sundays. Ms. Ross noted that the item was not on the agenda, but would be placed on the next meeting agenda. Director Maxey commented on the Snow Day event and announced, "For those that weren't there, you missed a good time." A brief discussion ensued. Director Maxey opined that the event "was a great time", and that it was a "good team-building event for us". Ms. Ross added that it was a "fun event", that the "kids were so cute", and that the kids and staff loved the event. Director Maxey acknowledged Christine Taylor, the District's Programs and Events Coordinator, for her coordination and oversight of the event. She stated that Ms. Taylor had done an "awesome job". Director Maxey next directed the Board's attention to the Action Sheet for agenda item 13(a), attached as Exhibit "V''. She reported that the Recreation Committee recommended holding an Eco Fair this year and recommended discussing the details at the February 6 work session meeting. Director Maxey stated that it was the consensus of the committee that the event should be "resident driven" and that, while volunteers could work through Ms. Taylor to coordinate the event, Ms. Taylor should not be responsible for doing the "legwork". Director Maxey then moved to put the Eco Fair on the work session agenda to develop the details of the event. Upon second by Director Hagemann, the motion passed unanimously (3-0). Director Maxey then directed the Board's attention to the Pool Use Agreement (Texas Gold ), attached as Exhibit "W". She moved to approve the Pool Use Agreement (Texas Gold ) with a revision to correct a typo on the term. Upon second by Director Hagemann, the motion passed unanimously (3-0). Director Palmer next announced that the Board would receive a report on the Dog Park project. Ms. Ross directed the Board's attention to the memorandum from the Dog Park Designer Selection Committee dated January 12, 2018 and attached as Exhibit "X". She reviewed the memorandum, which included an overview of the selection process, score tabulation, and recommendation to the Board. A brief discussion regarding scheduling a committee meeting ensued. Director Maxey moved to approve Studio 16:19 as the design firm for the Willow Bend Dog Park. Upon second by Director Hagemann, the motion passed unanimously (3-0). Ms. Ross then introduced Brent Baker of Studio 16:19. She stated that Studio 16:19 had particularly impressed the committee with their collaborative charrette (stakeholder input) process and their quality control processes. Mr. Baker provided a brief overview of their design process. He stated that the philosophy of Studio 16:19 was based on Matthew 16:19. Randy Baker, a resident of the District, asked Mr. Baker if his firm had designed any dog parks. Brent Baker replied that they had designed the City of Cedar Park Veterans Bark Park located in Veterans Memorial Park, and that they had a current project for a dog park in the City of Pflugerville. Director Palmer stated that she was looking forward to the new dog park. Mr. Baker replied that he appreciated the opportunity to design the park for the District. Director Palmer then announced that the Board would receive a report from the Administrative Committee. Director Hagemann stated that the committee had not met since the last Board meeting. Mr. Bartram advised the Board that he had legal advice regarding an administrative matter that he would provide to the Board in executive session. Director Palmer next announced that the Board would receive a report from the Information Technology Committee. Ms. Ross stated that the committee had not met and noted that there was no report in the packet. Director Palmer next announced that the Board would receive a report from the Public Safety Committee. Director Maxey directed the Board's attention to the Notes of the January 8 {Wo } -5- January 25, 2018

6 committee meeting, attached as Exhibit "Y'', and reviewed the Notes. She reported that a car had been broken into at Katherine Fleischer Park and a purse that had been left on the seat of the car visible to passersby had been taken. Director Maxey reported that the new lights at Wells Branch Parkway and Howard Lane had been completed and were flashing, which calls attention to the lights and serves to notify drivers that the lights will soon be operational. Director Maxey then advised the Board that it had become commonplace for residents that rented the Community Center to stay past their scheduled rental times, and that the committee had discussed how to recoup payment for the extended use. A discussion regarding the need to amend the rules for use of District amenities and/ or the rental agreement ensued. Resident Randy Baker inquired about the impromptu "auto shows" held in a local parking lot on Saturday nights. Director Maxey noted that the parking lot was not within the District boundaries. Deputy Culin stated that the parking lot was within the City of Austin city limits, and that the adjacent roadway was in the jurisdiction of Travis County. He recommended that residents call 911 to report the noise and/or unsafe driving. Director Palmer stated that Debby Thompson was working on determining a solution to the problem. Deputy Culin advised the Board that the parking lot was private property, and that, if the property owner granted permission for the cars to congregate there, there was nothing that law enforcement could do. Director Palmer then announced that the Board would receive a report from the District Manager. Ms. Ross directed the Board's attention to the District Manager's Report Executive Summary, Main Office Solar Report - December 2017, Energy Consumption charts and graphs, Recreation and Aquatics Report, Overtime Hours and Overtime Expenses reports, Restrictive Covenant Violations report, and the Waste Connections solid waste and recycling services report, all collectively attached as Exhibit "Z". She reported that the District had sent out industrial waste permits to its commercial customers, and stated that Mr. Bartram would have legal advice regarding the appeal of the City of Austin wholesale water and wastewater rates and a personnel-related insurance matter to provide to the Board in executive session. Ms. Ross advised the Board that she had accepted an invitation to participate in the Texas Public Policy Forum on recently enacted SB 6, to be held on February 8. She requested that the Directors each provide a minimum of two matters that they would like for her to communicate regarding the importance of SB 6 to them as individuals and to the District as a whole. Ms. Ross then called specific attention to the Human Resources & Payroll - Training portion of her summary report and advised the Board that she would be taking a Project Management Certification course from February 12 through April 19. She reminded the Board that the billing system conversion would be coming up within the next few months and stated that Mr. Donnelly would be working with Crossroads to facilitate implementation of the requisite software, hardware, and training. A brief discussion regarding timing of the conversion ensued. Ms. Ross then directed the Board's attention to the Operations, Maintenance & Project Management - Completed Highlights portion of her executive summary. She noted that there had been a recent rash of graffiti within the District and stated that her office was working with the Travis County Sheriffs Office to mitigate the problem and that there was a related news article in the upcoming Word. A brief discussion ensued. Deputy Culin stated that graffiti was a Class B misdemeanor offense punishable by up to six months in jail, a fine of up to $2,000, or both. Director Hagemann stated that his wife had recently had difficulty reporting graffiti on the District website. Director Palmer next announced that the Board would receive a report from the District's general counsel. Mr. Bartram directed the Board's attention to the Resolution Designating Water Conservation Coordinator, attached as Exhibit "AA". He stated that the resolution addressed a requirement that had come out of the 2017 legislative session. Ms. Ross asked if the legislation had defined the duties for serving as the designated water conservation coordinator. Mr. Bartram replied that it had not. Director Maxey moved to approve the Resolution Designating Water Conservation Coordinator, which designated Ms. Ross, in her {Wo } January 25, 2018

7 capacity as District Manager, as the District's water conservation coordinator. Upon second by Director Palmer, the motion passed unanimously (3-0). Jack Hendren asked from the audience if there were any agencies that were charged with enforcing such requirements. Mr. Bartram replied that both TCEQ (Texas Commission on Environmental Quality) and TWDB (Texas Water Development Board) were charged with oversight of water quality and water conservation matters. He then reiterated that he had a brief legal update and legal advice to provide to the Board in executive session. At 7:25 p.m., Director Palmer announced that the Board would take a brief recess. The Board reconvened at 7:52 p.m., at which time Director Palmer announced that the Board would consider District media. Ms. Ross reported that the February 2018 edition of the Wells Branch Word had gone to the printer. Directors Palmer and Hagemann opined that the issue looked "good". Director Maxey suggested that the March edition contain an article about the skate park project. Director Hagemann suggested that an article about the purple martin migration and information that the District had installed more gourds be included in either the March edition or April edition. Director Maxey added that, when the Board had voted to approve the Eco Fair and a date for the event had been determined, an article promoting the Eco Fair be published. There was no discussion regarding the online District message board and no discussion regarding the District website. Director Palmer stated that she planned to accompany Debby Thompson to lunch with State Representative Celia Israel the following week. Director Palmer then announced that the Board would consider agenda item 21, Board and committee meeting procedures, officers, assignments, roles, and responsibilities. Director Hagemann suggested that the Parks and Facilities Committee consider placing a porta potty at the community garden. A brief discussion ensued. Director Palmer next announced that the Board would next consider interlocal and annexation issues, utility rates, regional planning issues, real property matters, and legislative matters, including appeal of the City of Austin wholesale water and wastewater rates, possible settlement, and related matters. Mr. Bartram stated that he had legal advice regarding this matter to share with the Board in executive session. Director Palmer then announced that the Board would consider future agenda items. She stated that the Eco Fair would be the topic of the February 6 work session meeting and that the audit report would be delivered at that meeting. Director Palmer next announced that the Board would review the Meeting Notes completed during the course of the meeting. After review, upon motion by Director Palmer and second by Director Maxey, the Board voted unanimously (3-0) to approve the Meeting Notes attached as Exhibit "BB". At 8:05 p.m., Director Palmer announced that the Board would convene in executive session in order to receive legal advice regarding (i) annexation, utility rates, and regional planning issues, and (ii) an insurance question related to a personnel matter, as permitted by Section of the Texas Government Code. The Board reconvened in open session at 8:59 p.m., at which time Director Palmer confirmed that no action was taken in executive session. The Board then directed the District Manager to verify with the District's insurance carrier the time period in which claims must be filed. There being no further business to come before the Board, the meeting was adjourned. * * * {Wo } January 25, 2018

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