MINUTES OF MEETING OF BOARD OF DIRECTORS February 21, 2017 THE STATE OF TEXAS COUNTY OF HARRIS HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 55 The Board of Directors (the Board ) of Harris County Municipal Utility District No. 55 (the District ) met in regular session, open to the public, at 2300 Pilgrims Point, Webster, Texas, on Tuesday, February 21, 2017, whereupon the roll was called of the members of the Board, to-wit: Robert L. Squires, President Sam Longoria, Vice President Gabriel Mendez, Secretary Richard Klenk, Treasurer Malcolm Swinney, Assistant Secretary All members of the Board were present, except for Director Klenk. Also attending all or parts of the meeting were Ms. Keli Schroeder and Mr. Nelson Gaez of Brown & Gay Engineers, Inc. ( BGE ), engineers for the District; Mr. Chris Wilson of Si Environmental ( Si ), operators for the District; Ms. Vickey Sullivan of Equi-Tax, Inc., tax assessor and collector for the District; Ms. Kandy Pfeffer of ETI Accounting Services ( ETI ), bookkeeper for the District; Mr. Jack Maignaud of the Forest Bend Fire Department; Mr. Tom Dillard of Champions Hydro-Lawn, Inc. ( Champions ); Mr. Terry Swinney and Ms. Carin Ray, residents of the District; Mr. Dinh Ho, of Adico, LLC; Mr. R.E. Smith of Ellis Business Park; and Mr. Neil Thomas, Mr. Reginald Wilson, and Ms. Erika Smiley of Norton Rose Fulbright US LLP ( NRF ), attorneys for the District. The meeting was called to order in accordance with notice posted pursuant to law, copies of the Certificates of Posting of which are attached hereto as Exhibit A, and the following business was transacted: 1. Minutes. The Board considered the minutes of the meeting on January 17, 2017 and February 6, 2017, copies of which were previously distributed to the Board. Upon motion by Director Swinney, seconded by Director Longoria, after full discussion and the question being put to the Board, the Board voted unanimously to approve the minutes of the meeting on January 17, 2017 and February 6, 2017, as presented. 2. Forest Bend Fire Department Report. Mr. Maignaud presented to and reviewed with the Board the Forest Bend Fire Department report for January 2017, a copy of which is attached hereto as Exhibit B. Mr. Maignaud reported on the Department s expenses, income, and operations. 51032960.1-1 -
3. Clear Lake Emergency Medical Corps Report ( CLEMC ). Director Swinney stated the CLEMC is monitoring call volumes to assess the need for additional staff hours. 4. Tax Assessor and Collector s Report. Ms. Sullivan presented to and reviewed with the Board the Tax Assessor and Collector s Report for January 2017, a copy of which is attached hereto as Exhibit C. Ms. Sullivan reported that as of January 31, 2017, the District has collected 81.3% of taxes for 2016. Ms. Sullivan reviewed the SPA Report with the Board, a copy of which is attached hereto as Exhibit D. Discussion ensued regarding the additional commercial properties acquired by the District through annexations. Upon motion by Director Mendez, seconded by Director Swinney, after full discussion and the question being put to the Board, the Board voted unanimously to approve the Tax Assessor and Collector s Report, and to approve the execution of the checks presented for approval. 5. Bookkeeper s Report and Investment Report. Ms. Pfeffer presented to and reviewed with the Board the Bookkeeper s Report for January 31, 2017, the Budget for fiscal year ending December 31, 2017, the 2017 Energy Usage Report, and the Investment Report, copies of which are attached hereto as Exhibit E. Ms. Pfeffer reported that the Certificate of Deposit with Texas Exchange matures March 27, 2017. Upon motion by Director Longoria, seconded by Director Swinney, after full discussion and the question being put to the Board, the Board voted unanimously to accept the Bookkeeper s Report, the Investment Report, and to approve execution of the checks presented for approval. 6. Operations Report, Including Review and Approval of Maintenance Items and Delinquent Report. Mr. Wilson presented to and reviewed with the Board the Operations Report and Maintenance Report for the month of January 2017, a copy of which is attached hereto as Exhibit F. Mr. Wilson reported on January repairs and maintenance for the water system, sanitary sewers, lift stations, and the water plant. Mr. Wilson reported that a leak in the six inch mainline was repaired at 2402 Pilgrims Point. Mr. Wilson reported that the District produced 106,000 gallons of water and purchased 34,443,000 gallons of water from the Southeast Water Plant during the last period, and Mr. Wilson noted that Si accounted for 93.49% of the water pumped and purchased by the District. 51032960.1-2 -
Mr. Wilson reported that a fire hydrant in the district needed to be replaced. Director Swinney asked whether any additional fire hydrants that need to be repaired. Mr. Wilson stated that hydrants are only replaced if broken because the parts are discontinued. Mr. Wilson reported that 239 delinquent letters were mailed out to residents. Upon motion by Director Swinney, seconded by Director Mendez, after full discussion and the question being put to the Board, the Board voted unanimously to authorize Si to execute the termination list in accordance with the rate order. Upon motion by Director Swinney, seconded by Director Klenk, after full discussion and the question being put to the Board, the Board voted unanimously to accept the Operator s Report. 7. Engineer s Report. Mr. Gaez presented to and reviewed with the Board the Engineer s Report, a copy of which is attached hereto as Exhibit G, and which follows in substantially the form it was presented: a. Commercial Reviews 1. Twenty-Second Annexation (Ellis Business Park/R.E. Smith Tract): Mr. Gaez reported that he has not received the revised plans from the developer. Mr. Gaez stated the public offsite waterline extension plans have been reviewed. He also informed the Board a construction plan letter of no objection will not be issued until the District has approved both water and sanitary facilities. Mr. Ho requested approval to advertise for the offsite waterline extension as well as the forcemain. Mr. Gaez recommended approval and informed the board that advertisement will not take place until Harris County issues approval. Upon Motion by Director Mendez, seconded by Director Longoria, after full discussion and the question being put to the Board, the Board voted unanimously to approve advertisement for the offsite waterline extension as well as the forcemain pending approval from Harris County. 2. Tracts at El Dorado and Friendswood Link Road I. WildCat Fuels Tract (2.5 AC- Corner of El Dorado Blvd. and Signal Hill Drive): Mr. Gaez reported that plans have been submitted for review and the developer has provided a $2,000 plan review deposit to the District s Bookkeeper. Mr. Gaez reported a proposed gas station and retail development has been allocated a total of 15 connections (3,734 gpd at 250 gpd/esfc). 51032960.1-3 -
3. 3366 FM 528 Retail Development Capacity Request: Mr. Gaez reported a $2,000 deposit to cover costs associated with plan review was submitted to the District s Bookkeeper by MDDS Properties. He also stated is awaiting revised plans from developer. 4. Beamer Villas: Mr. Gaez reported that construction plans are under agency review and the plat has been approved by the City of Houston. He also noted that BGE is addressing Harris County comments on the Beamer Villas Lift Station plans. b. City Of Houston WWTP Capacity: Mr. Gaez stated that BGE is waiting for the City of Houston to finalize the agreement to purchase additional sanitary sewer capacity (286 connections) for $456,679.60. Mr. Gaez informed the Board BGE has prepared the change-of-use application and will submit it to the TCEQ upon receipt of a signed sales agreement from the City of Houston. c. New Clarifier: Mr. Gaez reported that the clarifier tank was backfilled. d. BGE Authorized Projects 1. Signal Hill Lift Station Rehabilitation: Mr. Gaez reported that the construction is complete and a final inspection was held on January 24 th. Mr. Gaez stated pay Estimate No. 3 from T&C Construction, Ltd. in the amount of $5,400.00, has been prepared and is recommended for approval. Upon motion by Director Longoria, seconded by Director Swinney, after full discussion and the question being put to the Board, the Board voted unanimously to approve pay estimate No. 3 from T&C Construction, Ltd. in the amount of $5,400.00. 2. City of Houston 36 Waterline Repair / Surplus Funds Application ($106,456.47): Mr. Gaez stated that there are no new updates. Mr. Gaez reported that BGE is waiting on further information regarding project costs from the City of Houston to finalize the Surplus Funds Application. 3. Sanitary Sewer Manhole Rehabilitation and Replacement: Mr. Gaez reported that construction is underway 4. Tank Inspections Mr. Gaez reported that a copy of the inspection reports has been provided to the District Operator. 5. Signal Hill Lift Station Pump Replacement: Mr. Gaez reported that Si is coordinating the pump delivery with Pumps of Houston. 6. District Wide Air Release Valves: Mr. Gaez reported that Si is preparing cost estimates. 51032960.1-4 -
e. City of Houston/County Projects 1. West Bay Area Blvd. Concrete Replacement: Mr. Gaez reported that construction is underway 2. City of Houston-east Transmission Line: Mr. Gaez stated BGE is coordinating with Mr. Thomas regarding the City of Houston s cash call in the amount of $57,996.80. Upon Motion by Director Swinney, seconded by Director Klenk, after full discussion and the question being put to the Board, the Board voted unanimously to approve the Engineer s Report. 8. Discuss and take any necessary action regarding City of Houston s requirements for easement. This item was covered in the Engineers Report. 9. Review Drought Contingency Plan There was no action taken on this item. 10. Park and Recreational Facility Report. Mr. Dillard reported five signs will be installed in the park and the lividity pond will be cleaned up sometimes this week. He also noted that the storm water features will be cleaned up sometime this week. 11. Sewage Treatment Plant Operations Report. President Squires stated that there are no new updates. 12. Southeast Water Plant Report. There was no action taken on this item. item. 13. Discuss Maintenance of District Facilities. There was no action taken on this THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, THE MEETING WAS ADJOURNED. * * * 51032960.1-5 -
The above and foregoing minutes were passed and approved by the Board of Directors on March 21, 2017. ATTEST: President, Board of Directors Secretary, Board of Directors 51032960.1-6 -