NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24. Minutes of Meeting of Board of Directors. July 7, 2015

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1 NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 24 Minutes of Meeting of Board of Directors July 7, 2015 The Board of Directors ( Board ) of Northwest Harris County Municipal Utility District No. 24 ( District ) met at14446 Hollister Road, Houston, Texas, on July 7, 2015, in accordance with the duly posted notice of meeting, and the roll was called of the duly constituted officers and members of said Board, as follows: William Puder, President Darrel Felton, Vice President Darryl Simon, Secretary Mark Cain, Director Clarence Miller, Director/General Manager all of said members were present except Director Simon, thus constituting a quorum. Also present were Bill Russell of Myrtle Cruz, Inc. ( Myrtle Cruz ); Esther Flores of Tax Tech, Inc. ( Tax Tech ); Keith Arrant of Municipal Operations & Consulting, Inc. ( MO&C ); Sergio Handal of Pape-Dawson Engineers, Inc. ( Pape-Dawson ); Jeremy Roach of Apollo IT Consulting ( Apollo ); Jonathan Roach, Frank Mitchell and Daniel Scruggs of The Law Firm of Jonathan A. Roach, PLLC ( JARPLLC ); Derrick Mendoza and Tanya Eriksson-Wood (late) of Linebarger, Goggan, Blair and Sampson, LLP ( Linebarger ); resident Arthur Chambers; and Elba Alexander; Scott Beard and Lyndon Sommer of Harris County Municipal Utility District No. 280 ( MUD 280 ). The President called the meeting to order and declared it open for such business as might regularly come before it. COMMENTS FROM THE PUBLIC MINUTES There were no comments from the public. The Board considered the minutes from its meeting held June 9, Director Cain moved that said minutes be approved. Director Simon seconded the motion, which passed by unanimous vote. 1

2 TAX ASSESSOR COLLECTOR REPORT Mrs. Flores presented the Tax Assessor Collector Monthly Report for July 2015, including the checks presented for payment and a delinquent collections listing, copies of which are attached hereto as Exhibit A. Mrs. Flores gave the Board an update on the litigation accounts with Liberty Property and advised that only one account may still be pending due to an increase in value and more collections outstanding. Director Puder moved that the Tax Assessor Collector Monthly Report be approved. Director Simon seconded the motion, which carried unanimously. Ms. Eriksson-Wood entered the meeting at this time. DELINQUENT TAX ATTORNEY REPORT Mr. Mendoza presented the proposed contract from Linebarger. Mr. Roach explained that a few of the contract s terms vary from the District s prior contract and noted that due to Linebarger s exclusion of a compensation rider any delinquent tax related work required of his firm will be billed at the normal general legal services rates. He then noted that the Board previously approved the contract subject to incorporation of any revisions deemed necessary, and that the contract was being presented for the Board s execution accordingly. Mr. Mendoza thanked the Board for the opportunity to work with them. BOOKKEEPER'S REPORT Mr. Russell presented the Bookkeeper's Report dated July 7, 2015, including the checks and wire transfers presented for payment, a copy of which is attached hereto as Exhibit B. Mr. Russell advised that there were no unusual expenses for the month and the District finances remain strong. He noted that the District has not yet received the Strategic Partnership Agreement revenues from the City of Houston this month. After discussion, it was moved by Director Puder that the Bookkeeper's Report be approved and the funds be disbursed as noted in said report. Director Miller seconded the motion, which carried unanimously. GENERAL MANAGER REPORT AND ADMINISTRATION/ACTIVITIES BUILDING ( BUILDING ) Director Miller first welcomed the visitors from MUD 280. He then reviewed his written monthly report, a copy of which is attached hereto as Exhibit C. He advised that the gutters around the Building have all been installed and the lock on the back gate and A/C repairs have all been completed. He noted a Town Hall meeting hosted by Harris County regarding various park planning matters is to be held a local elementary school tonight and mentioned that he met with directors from another water district at the recent AWBD conference and obtained some additional information from them about grants options for park developments. Director Miller next advised that the security officers have requested an increase in hourly pay while working holidays. The Board deferred discussing the matter until later in the meeting. Director Miller also noted that there is no policy in the Building Usage Agreement regarding event date changes. He proposed that a fee 2

3 be imposed to prevent last minute changes. After discussion, the Board decided to stay with the current policy and treat date changes as a cancellation and re-booking with charges imposed accordingly. OPERATION AND MAINTENANCE REPORT Mr. Arrant presented and reviewed in detail the Operations and Maintenance Report for the month of May 2015, a copy of which is attached hereto as Exhibit D. He mentioned that the Texas Commission on Environmental Quality ( TCEQ ) had cited the District for a flow meter calibration issue but that after MOC presented evidence that the meter was working the notice was rescinded. He stated that the surge protection issues with the emergency generator have been resolved and all indications are that it will function properly in an emergency. Mr. Arrant noted that there is still a clogging problem at the Wastewater Treatment Plant ( WWTP ) so they will be partially taking down the plant again to make adjustments. Director Cain asked about the problems with the security cameras at the WWTP, and Mr. Jeremy Roach stated that he will address that in his report. Director Cain also mentioned some security concerns regarding possible terrorist type attacks. Mr. Arrant said that MOC is currently following the security measures recommended by the TCEQ, and Mr. Roach advised that the matter might be addressed as part of the District s proposed comprehensive emergency management plan on which Director Simon is working. Directors Felton and Simon temporarily stepped out of the meeting at this time. ENGINEER S REPORT Mr. Handal presented an Engineer s Report dated July 2015, a copy of which is attached as Exhibit E, and discussed updates on the items reflected in said report. He mentioned that the design phase is complete for the sidewalks and driveway improvements at the Water Plant and requested approval to advertise for bids on the construction of said improvements. Director Miller then made a motion to authorize Pape-Dawson to advertisement for bids on the project. The motion was seconded by Director Puder and passed by a three-to-zero (3-0) vote, with Directors Simon and Felton absent for the vote. He noted that Harris County had provided a letter stating they are amenable to the District s proposed trail project on the Harris County Flood Control District property. Directors Felton and Simon returned to the meeting at this time. REQUEST FROM MODESTY PROPERTY FOR POSSIBLE ANNEXATION, UTILITY SERVICE, AND RELATED MATTERS Mr. Handal noted that he is currently working on the feasibility study and that no Board action is required at this time. 3

4 REQUESTS FOR UTILITY COMMITMENTS There was no Board action required at this time as no requests have been received other than the request from Modesty Property. STATUS OF OPTIONS FOR REIMBURSEMENT, AND RELATED MATTERS FOR LIBERTY PROPERTY LIMITED PARTNERSHIP The Board noted no action required at this time as the application to the TCEQ for approval to use surplus funds is underway by Pape-Dawson and JARPLLC. OPTIONS FOR EMERGENCY MANAGEMENT PLAN Director Simon spoke to the Board about the emergency management process. He mentioned that the costs of other proposals for emergency management planning were much higher than the plan he previously presented from REM 4. Director Cain mentioned that he attended a seminar at AWBD that showed the importance of this type of planning. After discussion, Director Miller moved to engage REM 4 for emergency planning not to exceed $5,000, subject to an acceptable form of contract being provided for such services. The motion was seconded by Director Cain and passed unanimously. UPDATE ON DISTRICT WEBSITE AND RELATED TECHNOLOGY ITEMS Mr. Jeremy Roach delivered an oral report to the Board. He also demonstrated some of the capabilities of the Virtual Office Environment system for the MUD 280 guests and explained the benefits of paperless meetings. He then advised that AT&T is working on the security camera issues that Director had questioned. He also introduced Apollo IT Consulting, LLC as the name of his new company and showed some photos from the recent AWBD conference. He next presented flyers and thank you cards the Board could use for marketing of the Administration/Activities Building. He then presented two bids regarding the installation of a projector and screen upgrades at the Building including one from Modia for $12, and another from Signature for $14, The Board decided to wait on further information before making a selection. The Board also requested that JARPLLC amend the Usage Agreement to specify that the AV equipment at the Building is provided as an extra benefit to users of the facility at no additional charge and, therefore, equipment issues will not initiate any kind of refund of rental fees paid. Mr. Sommer exited the meeting at this time. ATTORNEY S REPORT Mr. Roach stated that he is preparing a memorandum to advise the Board of various legislative and statutory updates, and hopes to have the electronic signatures and records procedures in place in the near future. 4

5 EXECUTIVE SESSION The Board did not convene in executive session. DISCUSSION REGARDING PENDING/FUTURE MATTERS The Board considered its security officers request for additional compensation on holidays. Mr. Roach advised of certain open meetings act requirements and the status of the existing Agreement for Contract Peace Officer Services. After discussion, Director Puder moved to approve increasing the security officers pay to time-and-a-half on holidays. The motion was seconded by Director Felton and passed unanimously. The Board noted that it will hold a special meeting to entertain landscaping design proposals for the fence improvements along Bammel North Houston Road. ADJOURNMENT There being no further matters to come before the Board, Director Puder moved that the meeting be adjourned. The motion was seconded by Director Cain and carried by unanimous vote, and the meeting was adjourned. [SEAL] Secretary, Board of Directors 5

6 LIST OF EXHIBITS Exhibit A Tax Assessor Collector Report Exhibit B Bookkeeper s Report Exhibit C General Manager s Report Exhibit D Operator s Report Exhibit E Engineer s Report 6

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