Latest Board Minutes from Sienna Plantation MUD #2 (No Action on Potential Litigation Regarding Ditches was Reported at Feb. Session)-

From http://www.spmud2.com/meetings.php (Sienna P. MUD #2)-

February SPMUD #2 Minutes:

MINUTES OF REGULAR MEETING OF SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 2
February 20, 2006
THE STATE OF TEXAS § §
COUNTY OF FORT BEND §

The Board of Directors of Sienna Plantation Municipal Utility District No. 2 (the “District”) met in regular session, open to the public, on the 20th day of February, 2006, at a designated meeting place of the District, ECO Resources, Inc., 12535 Reed Road, Sugar Land, Texas, outside the boundaries of the District, and the roll was called of the duly elected members of the Board, to-wit: David Daniel President Juan Marroquin, Jr. Vice President David White Secretary Richard Luke Assistant Vice President Brian Machart Assistant Secretary and all of the above were present, thus constituting a quorum.

Also present at the meeting were the following: Aimee Ordeneaux of Tax Tech, Inc.; Jerry Graham of LJA Engineering & Surveying, Inc. (“LJA”); Shirley McLennan of McLennan & Associates, L.P.; Andrea Maloof of ECO Resources, Inc. (“ECO”); Tom Ramsey and Michael Harney of Klotz & Associates, Inc. (“Klotz”); Mark Parsons, Rodney Engel and Karl Fennessey, District residents; Douglas A. Daniels of Bracewell & Giuliani; and David Oliver and Brenda Presser of Allen Boone Humphries Robinson LLP (“ABHR”).

MINUTES The Board first reviewed the minutes of the meeting held January 16, 2006. After review and discussion, Director Machart moved that the Board approve the minutes of the January 16, 2006 meeting, as presented. Director White seconded the motion, which passed unanimously.

BOOKKEEPER’S REPORT Ms. McLennan reviewed with the Board the bookkeeper’s report and the investment report, and the Board considered bills for payment. Following review and discussion, Director Luke moved that the Board approve the bookkeeper’s report, investment report, and payment of bills. Director White seconded the motion, which passed unanimously. A copy of the bookkeeper’s report is attached.

REVIEW AND DISCUSS AUDIT OF MASTER DISTRICT Mr. Oliver reported that the auditor advised that the Master District’s audit will be presented to the Board at their February meeting and requested that the Board table this matter. Following discussion, the Board concurred to table this item.

APPROVE ANNUAL REPORT AND AUTHORIZE FILING IN ACCORDANCE WITH THE DISTRICT’S CONTINUING DISCLOSURE OF INFORMATION AGREEMENT AND AS REQUIRED BY SEC RULE 15c2-12 Mr. Oliver reported that the Annual Report is not yet complete and requested that the Board table review and approval until the District’s March meeting. The Board concurred to table this matter.

TAX ASSESSOR/COLLECTOR’S REPORT Ms. Ordeneaux reviewed the monthly tax assessor/collector’s report, a copy of which is attached. She then reviewed the delinquent tax report provided by the District’s delinquent tax attorney and requested the Board’s authorization to pursue delinquent tax accounts in accordance with District policy. She also reported that the current collection rate for the 2005 taxes is 71.06%. After review and discussion, Director Marroquin moved to approve the tax assessor/collector’s report, payment of bills from the District’s tax account and authorize the District’s delinquent tax attorney to pursue delinquent tax account in accordance with the District’s policy. Director Machart seconded the motion, which passed unanimously.

REPORT FROM TOMMY HAYNES The Board did not receive a report from Tommy Haynes.

ENGINEER’S REPORT Mr. Graham presented the engineer’s report, a copy of which is attached. Mr. Graham presented and recommended approval of Pay Estimate No. 3 in the amount of $26,903.49 to B & D Construction Company, for the construction of the water distribution system, sanitary sewer system and drainage facilities to serve Steep Bank Village, Section 5-C, along with the Partial Waiver of Lien and Request for Extension of Time. Following review and discussion, and based on engineer’s recommendation, Director Luke moved to approve Pay Estimate No. 3 in the amount of $26,903.49 to B & D Construction Company and deny the request for extension of contract time. Director Marroquin seconded the motion, which passed unanimously.

Mr. Klotz then updated the Board on the design of Phase I of the ditch rehabilitation and reported that the design will withstand a 100-year event and will not impact the original design. Director Daniel asked if the storms from last year have changed the original 100-year event design. Mr. Ramsey responded that the Federal Emergency Management Agency (“FEMA”) is currently re-mapping flood maps for Fort Bend County due to the impact of last year’s storms. He also reported that Harris County has remodeled its water sheds due to damage sustained from Tropical Storm Alison because flood plains have changed. The Board requested that Klotz confirm whether the 100-year event has been redefined in Fort Bend County prior to awarding contracts for the project and, if it has, they want to make sure plans are consistent with revised criteria.

Mr. Varney then reviewed the plan for construction of Phase I and reported that the grade will be deepened along North and South Fitzgerald from 0.30 to 0.50%. He also reported that the outfall pipe from Schindler to South Fitzgerald will be replaced to provide depth to enhance drainage. He stated that plans are complete and now going through the regulatory process and anticipates construction to begin in late May, anticipating the overall project to take about 20 weeks to complete. Klotz anticipates requesting the Board’s authorization to advertise for bids at the March meeting.

District residents in attendance expressed concerns regarding timing of construction, duration for completion and affect on landscaping. Mr. Klotz reported plans to keep the residents apprised of construction process, affect and timing. The Board concurred to utilize the services of the District’s consultant, Tommy Haynes, on a daily or near daily basis to oversee construction and to be the liaison between the District and the residents and to also address residents’ questions and concerns.

OPERATOR’S REPORT Ms. Maloof presented and discussed the operator’s report, a copy of which is attached. She stated there are 1,704 connections in the District, with 2 new taps installed for the month and an overall accountability for a twelve-month period of 96%. She then reviewed the management report which describes maintenance and repair items performed within the District since the last meeting and the District backcharge list.

Ms. Maloof then reviewed customer correspondence from a resident requesting consideration for an adjustment to their water bill, which was higher than usual due to a leak. She stated that the leak was determined to be on the resident’s side of the meter and the resident called a plumber to repair the leak in the front yard caused by a broken fitting. Following a discussion, the Board concurred that the District is unable to make adjustments to water bills if the problem is on the resident’s side of the meter. The Board also confirmed with Ms. Maloof that they are interested in receiving notice of all customer correspondence.

Following review and discussion, Director Luke moved to approve the operator’s report. Director White seconded the motion, which passed unanimously.

CONDUCT HEARING ON TERMINATION OF WATER SERVICE TO DELINQUENT CUSTOMERS Ms. Maloof next presented a list of delinquent customers this month. The Board conducted a hearing regarding water and sewer service terminations. She informed the Board that 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 service should not be terminated for reason of non-payment. After discussion, Director Luke moved that, because the residents on the termination list were either not present at the meeting or had not requested to speak regarding their delinquency nor had they presented any written statement on the matter to the Board, utility service for such residents should be terminated in accordance with the District’s Rate Order. The motion was seconded by Director White and passed unanimously. A copy of the termination list is attached.

ADOPT AMENDED CODE OF ETHICS Mr. Oliver presented an Amended Code of Ethics (“Code”) and stated that the Code includes Chapter 176, Local Government Code requirements regarding the disclosure of certain relationships by Directors, vendors and certain prospective vendors to the District. After discussion, Director Machart moved that the Board adopt the Code of Ethics, which includes Chapter 176 of the Texas Local Government Code. Director White seconded the motion, which carried by unanimous vote.

REPORTS FROM DIRECTORS AND CONSULTANTS No additional reports were presented.

DISCUSS 2006 DIRECTORS ELECTION Mr. Oliver informed the Board that the District is required to hold an election on May 13, 2006 for the two Directors’ positions held by Directors Marroquin and White. He then informed the Board that, pursuant to Chapter 49 of the Texas Water Code, any two or more districts in which substantially all of the land is developed as a single community development may mutually agree to designate an election office and common early and regular polling places within one of the districts. He then reviewed the procedures for Fort Bend County to administer the consolidated election. After review and discussion, Director Luke moved that the Board consolidate its directors election with the elections for Sienna Plantation Municipal Utility District Nos. 3 and 10 and to contract with Fort Bend County to administer the election. Director White seconded the motion which passed by unanimous vote.

SET PAY FOR ELECTION OFFICIALS Mr. Oliver stated that this item is not necessary since Fort Bend County will be administering the election and will determine the amount to be paid.

ORDER CALLING CONSOLIDATED DIRECTORS ELECTION The Board next considered adopting the Order Calling Consolidated Directors Election with Sienna Plantation Municipal Utility District Nos. 3 and 10. After discussion, Director Luke moved that the Board adopt the Order Calling Consolidated Directors Election and contract with Fort Bend County to administer the 2006 election. Director White seconded the motion, which was approved by unanimous vote. A copy of the Order is attached hereto.

ADOPT RESOLUTION DESIGNATING AGENT FOR SECRETARY OF BOARD OF DIRECTORS Mr. Oliver stated that if the Secretary of the Board of Directors is unable to keep his office open for three hours a day for the purpose of accepting candidate applications, the Board may designate another officer of the District to be his agent. After discussion, the Board concurred that no action was necessary on this item.

REVIEW AND APPROVE VOTING RIGHTS ACT SUBMISSION LETTER TO THE U.S. DEPARTMENT OF JUSTICE Mr. Oliver stated that the District must submit a Voting Rights Act submission letter to the U.S. Department of Justice if any changes affecting voting occur. After discussion, Director Luke moved that the Board approve submittal of the Voting Rights Act Submission letter to the U.S. Department of Justice seeking approval of the use of voting machines and a change in polling place. Director White seconded the motion, which carried by unanimous vote.

AUTHORIZE DIRECTORS TO ATTEND THE ASSOCIATION OF WATER BOARD DIRECTORS SUMMER CONFERENCE The Board discussed the AWBD summer conference and upon a motion made by Director Luke and seconded by Director Machart, the Board voted unanimously to authorize any interested Directors to attend the conference.

OTHER MATTERS There being no further business to come before the Board, the Board concurred to adjourn the meeting.

CONVENE EXECUTIVE SESSION PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE TO CONSULT WITH ATTORNEY REGARDING STEEP BANK VILLAGE DRAINAGE SYSTEM At 1:20 p.m., Director Daniel announced that the Board would convene in executive session.

RECONVENE OPEN SESSION AND AUTHORIZE APPROPRIATE ACTION REGARDING STEEP BANK VILLAGE DRAINAGE SYSTEM At 1:52 p.m., Director Daniel announced that the Board would reconvene in open session. Upon reconvening in open session, the Board concurred no action was necessary.

Secretary, Board of Directors (SEAL)


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(the above document is a copy from the SPMUD2 site)-