Meeting Minutes 2020-05-22


MAY 22, 2020

The Board of Directors (the “Board” or “Directors”) of Montgomery County Municipal Utility District No. 8 (the “District” or “MUD 8”) met in special session, open to the public, on Friday, May 22, 2020, at 1:00 p.m., via telephone conference call pursuant to Texas Government Code, Section 551.125, as amended, and as modified by the temporary suspension of various provisions thereof effective March 16, 2020, by the Governor of Texas (the “Governor”) in accordance with the Texas Disaster Act of 1975, all as related to the Governor’s proclamation on March 13, 2020, certifying that the COVID-19 pandemic poses an imminent threat of disaster and declaring a state of disaster for all counties in Texas, and the roll was called of the duly constituted officers and members of the Board, to-wit:

John Tryon – President
John L. Patton – Vice President
Margie Barlow – Secretary
Randolph C. Moravec – Treasurer / Investment Officer
Bob Leasure – Assistant Secretary

All members of the Board were present, except for Director Barlow, thus constituting a quorum. Also attending via conference call were Justin Abshire, Mason Mueller and Jordan Dunn of Jones|Carter (“Engineer” or “Jones|Carter”); and Elliot M. Barner, attorney, of Radcliffe Bobbitt Adams Polley PLLC (“Attorney” or “RBAP”); and Charles Barron, President of Montgomery County Municipal Utility District No. 9 (“MUD 9”)

The President, after finding that the notice of the meeting was posted as required by law and determining that a quorum of the Board was present, called the meeting to order and declared it open for such business as may come before it.


Mr. Abshire first explained that Allco, LLC, during construction of the District’s Wastewater Treatment Plant Improvements Project (the “WWTP Project”), recently identified various deposits of buried trash in certain areas at the WWTP site, approximately four (4)-six (6) feet in depth. Mr. Abshire then explained that after further investigation, it appears that such trash may also be located under the Motor Control Center/Blower Building (the “MCC/Blower Building”). Mr. Abshire continued to explain that Jones|Carter has consulted with its structural engineer and geotechnical engineer for a recommendation on determining the extent of such trash and that such recommendation is to have a sonar of the subgrade to determine the extent of such trash. Mr. Abshire further explained walls and grade beams for the MCC/Blower Building are supported by drilled piers that extend below where Jones|Carter estimates the trash layer is located and that since such building is supported by such piers, it should not be effected by any trash layer. Mr. Abshire went on to explain that Jones|Carter’s concern is the long-term stability of the six inch (6″) interior concrete slab and the 30″ concrete pads supporting the Blowers Motors that is supported by the subgrade where the trash layers may be located.

Mr. Abshire then presented a proposal from Radarview, LLC (“Radarview”) in the amount of $4,937.50 for subsurface void inspections beneath the MCC/Blower Building in order to determine the extent of the layer of trash debris. An extensive discussion ensued regarding: a) the process for Radarview’s inspection; b) the terms of Radarview’s proposal for the performance of such inspection; and c) liability issues associated with such inspection.

Upon a motion by Director Moravec, seconded by Director Patton, after full discussion and with all Directors present voting aye, the Board approved Radarview’s proposal for the subsurface void inspections in an amount not to exceed $5,000.00, subject to certain corrections to such proposal related to Radarview’s limitation of liabilities.

In response to a question, Director Barron of MUD No. 9, clarified that he is authorized to consent to such proposal on behalf of MUD No. 9.


PASSED AND APPROVED this the ____ day of ________________, 2020.

Assistant Secretary, Board of Directors