MINUTES HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO October 4, 2017

Transcription

1 MINUTES HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 383 October 4, 2017 The Board of Directors (the "Board") of Harris County Municipal Utility District No. 383 (the "District") met in regular session, open to the public, on the 4th day of October, 2017, at the offices of Allen Boone Humphries Robinson LLP, 3200 Southwest Freeway, Suite 2600, Houston, Texas 77027, outside the boundaries of the District, and the roll was called of the members of the Board: JohnPorea JohnJ. Ryan Ron Benton Jean M. Casagrande James Ross President Vice President Secretary Assistant Secretary Assistant Vice President and all of the above were present except Director Casagrande, thus constituting a quorum. Also present at the meeting were Shay McGarr of Gleannloch Farms Community Association, Inc. ("GFCA"); Kris Bradshaw of First Service Residential; John Bonner of Pulte Homes of Texas, L.P. ("Pulte"); Jerry Young and Adam Swanke of Gleannloch Landscaping & Maintenance Company ("GLAMCO"); Bob DeForest of KGA/DeForest Design, LLC ("KGA"); Ralph Wissel of Costello, Inc. ("Costello"); Cathy Cruthirds of Tax Tech, Inc. ("Tax Tech"); Cindy Grimes of Municipal Accounts & Consulting, L.P. ("MAC"); Scott Shelnutt of Municipal Operations & Consulting, Inc. ("Muni Ops"); and Whitney Higgins and Jordan Hayes of Allen Boone Humphries Robinson LLP (" ABHR"). MINUTES The Board considered approving the minutes of the September 6, 2017, regular meeting and the September 13, 2017, special meeting. The Board requested a revision to the minutes of the September 13, 2017, meeting. After review and discussion, Director Benton moved to approve the minutes, as revised. Director Ryan seconded the motion, which passed by unanimous vote. COMMENTS FROM THE PUBLIC There were no comments from the public.

2 DEVELOPMENT IN THE DISTRICT AND ELSEWHERE IN GLEANNLOCH FARMS Mr. Bonner updated the Board on development of The Grove at Gleannloch Farms. The Board reviewed an from Ernie Loeb of CalAtlantic Homes of Texas, Inc., updating the Board on the status of construction in the District. The reflected two homes sold in East Lake at Gleannloch Farms, Section 1, in September, with three remaining homes under construction. DONATION AGREEMENT REGARDING RECREATIONAL FACILITIES MAINTENANCE WITH GFCA The Board discussed matters regarding the conveyance of The Grove at Gleannloch Farms detention pond to the District and maintenance of the splash pad that is adjacent to the detention pond. The Board considered approving a Donation Agreement Regarding Recreational Facilities Maintenance with GFCA to provide for maintenance of the splash pad. After discussion, the Board concurred to further consider this matter at next month's Board meeting. TAX ASSESSMENT AND COLLECTION MATTERS Ms. Cruthirds presented and reviewed the tax assessor/ collector 1 s report, a copy of which is attached. She stated that 99.63% of the Districf s 2016 taxes had been collected as of September 30, After review and discussion, Director Ryan moved to approve the tax assessor/ collector's report and payment of the tax bills. Director Ross seconded the motion, which passed unanimously. STRATEGIC PARTNERSHIP REVENUES There was no report on Strategic Partnership Revenues. PUBLIC HEARING REGARDING DISTRICTS TAX RATE, ORDER LEVYING TAXES AND AMENDMENT TO INFORMATION FORM Ms. Cruthirds reported that Tax Tech published a Notice of Public Hearing stating the District will consider levying a 2017 tax rate of $0.77 at this meeting. The Board then opened the public hearing. No members of the public came forward to make comments. The Board then closed the public hearing. The Board considered adopting an Order Levying Taxes for 2017 reflecting a total $0.77 tax rate comprised of $0.58 for debt service and $0.19 for operations and maintenance. The Board then reviewed an Amendment to Information Form reflecting the 2017 tax rate. After review and discussion, Director Porea moved to adopt the Order Levying Taxes as presented, approve and authorize execution of the Amendment -2-

3 to Information Form, and direct that the Order Levying Taxes and the Amendment to Information Form be filed appropriately and retained in the District's official records. Director Benton seconded the motion, which passed unanimously. The Board confirmed its intention that the 2017 tax levy includes a debt service component for the calendar year ending December 31, 2018, and a maintenance tax component for the fiscal year ending March 31, FINANCIAL AND BOOKKEEPING MATTERS Ms. Grimes reviewed the bookkeeper's report, including the bills presented for payment. A copy of the bookkeeper's report is attached. Following review and discussion, Director Ryan moved to approve the bookkeeper's report and payment of the bills. Director Ross seconded the motion, which passed by unanimous vote. BUDGET FOR FISCAL YEAR END MARCH 31, 2018 Ms. Grimes presented an amended budget for the fiscal year ending March 31, Following review and discussion, Director Ryan moved to adopt the amended budget for the fiscal year ending March 31, Director Ross seconded the motion, which carried by unanimous vote. Mr. McGarr addressed the Board regarding the progress of community projects, including monument signs to mark the entrance of Gleannloch Farms. BUDGETS FOR REGIONAL FACILITIES FOR FISCAL YEAR END MARCH 31, 2018 The Board took no action to amend the budget for the District's regional facilities. GARBAGE AND RECYCLING MATTERS The Board discussed customer complaints regarding garbage and recycling services. Directors Porea and Ryan agreed to meet with Residential Recycling and Refuse of Texas to address the complaints. OPERATOR'S REPORT Mr. Shelnutt reviewed the operator's report, a copy of which is attached. He reported that the water accountability for the previous month was 100.7%. Mr. Shelnutt then reviewed the monthly operator's action list. Mr. Shelnutt presented a Service Agreement between the District and Trinity Wastewater Solutions Company. Following review and discussion, Director Porea moved to (1) approve the operator's report; and (2) approve the Service Agreement between the District and Trinity Wastewater Solutions Company and direct that the -3-

4 Agreement be filed appropriately and retained in the District's Official Records. Director Benton seconded the motion, which carried by unanimous vote. Mr. Wissel addressed the Board regarding a request from a representative at Lucinia Health to utilize the District's wastewater treatment plant access road to provide ingress and egress for an adjacent commercial tract. A picture displaying the proposed location for the additional traffic on the access road is attached to the engineer's report. Following discussion, the Board concurred not take action on Lucinia Health's request at this time. Mr. Shelnutt reported on erosion at the outfall pipe at the wastewater treatment plant that needs to be addressed. Discussion ensued regarding the installation of natural gas generators for lift station nos. 3 and 5. The Board discussed elevating the slabs for the generators to minimize risk to the generators during a flood event. Mr. Wissel stated he will confirm the current slab elevations for the lift station generators. TERMINATION OF WATER AND SEWER SERVICE Mr. Shelnutt presented a list of delinquent customers and reported the residents on the termination list were delinquent in payment of their water and sewer bills and were given written notification, in accordance with the District's Rate Order, prior to the meeting of the opportunity to appear before the Board of Directors to explain, contest, or correct their bills and to show why utility services should not be terminated for reason of non-payment. Following review and discussion, Director Porea moved to authorize termination of delinquent accounts, in accordance with the District's Rate Order and direct that the delinquent customer list be filed appropriately and retained in the District's official records. The motion was seconded by Director Benton and passed by unanimous vote. ENGINEERING MATTERS Mr. Wissel presented the engineer's report, a copy of which is attached, and reported on the status of construction projects in the District. The Board discussed a request from developers for a Popeye's and a request from Texas Children's Hospital to encroach upon District easements to install parking pavement. Ms. Grimes confirmed that deposits have been received for both requests. Following review and discussion, the Board concurred to grant Consents to Encroachment for both requests, subject to finalization by ABHR. Mr. Young updated the Board on the maintenance and mowing of District drainage and detention facilities. -4-

5 Ms. Higgins reviewed changes to the utility commitment letter for Harris County Emergency Services District No. 16 ("ESD No. 16") that were requested by ESD No. 16. After discussion, the Board concurred to approve the utility commitment letter for ESD No. 16, as revised. The Board discussed the District's request for participation in the North Harris County Regional Water Authority's ("NHCRW A") water reuse credit program. Director Porea reported on his efforts to obtain a Right of Entry Agreement from the Gleannloch Pines Golf Club. Discussion ensued regarding options for installing a SCAD A system in the District and Harris County Municipal Utility District No. 367 ("HC MUD 367"). After discussion, the Board concurred to discuss this further at a special meeting with HC MUD 367 in spring of next year. Mr. Wissel updated the Board on the preparation of bond application no. 10. Following review and discussion, Director Ryan moved to take the following actions, based upon the engineer's recommendation: (1) approve a Final Quantity Adjustment to the contract with Kenneth Lamb Construction Co., Ltd. ("Kenneth Lamb"), to deduct $31, from the contract for water, sewer, and drainage facilities to serve The Grove at Gleannloch Farms, Section 1; (2) approve Pay Estimate No. 3 and Final for the construction of water, sewer, and drainage facilities to serve The Grove at Gleannloch Farms, Section 1, in the amount of $72,777.73, payable to Kenneth Lamb, and approve final acceptance of the contract; (3) approve Pay Estimate No. 7 for the construction of lift station no. 7 in The Grove at Gleannloch Farms, Section 1, in the amount of $4,662.00, payable to Peltier Brothers Construction, LLC; (4) approve Change Order No. 1 in the amount of $37, as an increase to the contract with Lishcka Utilities, LLC, for the construction of water, sewer, and drainage facilities to serve The Grove at Gleannloch Farms, Section 2, based upon the Board's finding that the Change Order is beneficial to the District; (5) approve a Consent to Encroachment between the District and Shops at Gleannloch Crossing LLC to install parking pavement in a District easement, subject to finalization by ABHR, and direct that the Consent to Encroachment be filed appropriately and retained in the District's official records; (6) approve a Consent to Encroachment between the District and Shops at Gleannloch Crossing LLC to install parking pavement in a District easement, subject to finalization by ABHR, and direct that the Consent to Encroachment be filed appropriately and retained in the District's official records; (7) approve the revised utility commitment letter for ESD No. 16. Director Ross seconded the motion, which passed by unanimous vote. REPORTS FROM DIRECTORS AND DISTRICT CONSULTANTS ON DISTRICT MATTERS Director Ryan reported on a cul-de-sac in North Lake with no access to the community sidewalk After discussion, the Board requested that KGA have D.L. -5-

6 Meacham LP ("Meacham") change order a sidewalk connection for the cul-de-sac into the District's construction contract with them. PARK MATTERS Mr. DeForest presented and reviewed the landscape architect report, a copy of which is attached. He stated that bids were received for construction of sidewalks in the District. He recommended that the Board award the contract to Meacham in the amount of $34, The Board concurred that, in its judgment, Meacham was a responsible bidder who would be most advantageous to the District and would result in the best and most economical completion of the project. Following review and discussion, Director Ross moved to award the contract for construction of sidewalks in the District to Meacham in the amount of $34,240.00, based upon the landscape architect's recommendation and subject to approval of the payment and performance bonds and verification of insurance. Director Ryan seconded the motion, which passed by unanimous vote. Mr. McGarr addressed the Board regarding community improvement projects. He stated GFCA will spend approximately $184,000 on the construction of an extension to the community recreation center. He noted that GFCA is looking to install a standalone restroom in the extension and may seek assistance from the District and HC MUD 367 to install the restroom. He added that GFCA is also working to build a parking lot and install community signs. ATTORNEY'S REPORT SURPLUS FUNDS NOTIFICATION LETTER Ms. Higgins requested Board approval to send a surplus funds notification letter to the Texas Commission on Environmental Quality ("TCEQ 11 ) regarding the use of such funds for the natural gas generators at lift station nos. 1 and 3. Following review and discussion, Director Ryan moved to approve the surplus funds notification letter to the TCEQ and direct that the letter be filed appropriately and retained in the District's official records. Director Benton seconded the motion, which passed by unanimous vote. RESOLUTION EXPRESSING INTENT TO REIMBURSE The Board reviewed a Resolution Expressing Intent to Reimburse for the construction of storm sewers and water line improvements along Gleannloch Forest Drive. Following review and discussion, Director Ryan moved to approve the Resolution Expressing Intent to Reimburse and direct that the Resolution be filed appropriately and retained in the District's official records. Director Benton seconded the motion, which passed by unanimous vote. -6-

7 AMENITIES AGREEMENT The Board reviewed a draft master chart identifying maintenance responsibilities for community amenities. Ms. Hayes noted that ABHR is working to prepare a related agreement between the District, HC MUD 367, and GFCA identifying and setting forth the maintenance responsibilities of the various amenities in the community. APPROVE DEVELOPMENT FINANCING AGREEMENTS AND WAIVERS OF SPECIAL APPRAISAL There was no discussion on this matter. GROUNDWATER CREDIT MATTERS There was no discussion on this matter. ACTION LIST The Board reviewed the action list. ARBITRAGE REBATE REPORT FOR THE SERIES 2012 BONDS Ms. Higgins reviewed an arbitrage rebate report prepared by OmniCap Group LLC for the Series 2012 Bonds. She stated that OmniCap Group LLC has determined that the District does not owe any rebate or yield reduction payments. LETTER AGREEMENT FOR STREETLIGHTS Ms. Higgins reviewed a cost sharing letter agreement between the District, HC MUD 367, and GFCA providing for the installation of LED streetlights in the community. She noted that pursuant to the letter agreement the District and HC MUD 367 will each contribute one-third of the cost of the streetlights in an amount not to exceed $15,000 per District, with GFCA paying the remaining onethird share of the cost. Following review and discussion, Director Ryan moved to approve the letter agreement between the District, HC MUD 367, and GFCA and direct that the letter agreement be filed appropriately and retained in the District's official records. Director Benton seconded the motion, which passed by unanimous vote. There being no further business to come before the Board, the meeting was adjourned. (SEAL) Se -7-

8 ACTION LIST New Items: 1. Mr. Wissel will confirm the current slab elevations for the natural gas generators at lift station nos. 3 and KGA will have Meacham change order a sidewalk connection for a cul-de-sac in North Lake into the District's construction contract. Pending Items: 1. GLAMCO will replace sprinklers in the District at a cost not to exceed $ Mr. Wissel will forward invoices from Gleannloch Farms Community Association, related to the repair of damage caused by Reddico, to HEB' s engineer for payment by Reddico. 3. B&A Municipal Tax Service, LLC, will provide a second sales tax report later this year if retail businesses in the Shops at Gleannloch open prior to year-end. 4. Mr. Wissel and Mr. Young will monitor the repair of landscaping by Reddico. -8-

9 LIST OF ATTACHMENTS TO MINUTES Tax assessor/ collector's report... 2 Bookkeeper's Report ~~~s 3 Engineer's... 4 Landscape Report