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SSLGC 09-17-2009MINUTES OF THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION THE STATE OF TEXAS § COUNTY OF GUADALUPE § SCHERTZ-SEGUIN LOCAL § GOVERNMENT CORPORATION § On this the 17th day of September 2009, the Schertz-Seguin Local Government Corporation (SSLGC) convened at 1:34 p.m. in the City of Schertz Council Chambers located at 1400 Schertz Parkway, Building #4, Schertz, Texas. The following directors being present and in attendance: Sydney Bauer Patricia Ramirez Robin Dwyer Jim Wolverton Andrew Koenig Hal Baldwin Betty Ann Matthies President Vice-President Secretary Treasurer Director Ex-Officio Ex-Officio constituting a majority of the persons appointed to the Board and a quorum for the transaction of business, and notice of such meeting having been duly given in accordance with the provisions of Texas law. Also in attendance were: Alan Cockerell General Manager Douglas Faseler Seguin City Manager Susan Caddell Seguin Finance Director Don Taylor Schertz City Manager Johnny Bierschwale Schertz Assistant City Manager Emery Gallagher Seguin Water Utility Manager Shawn Shimek Water System Superintendent Georgia Hanks Administrative Assistant Sam Willoughby Schertz Public Works Director Larry Dublin Schertz City Engineer Bill Klemt Hydrologist Consultant John Winkler COrisultant (Walker Partners) Patrick Lindner COU11Se1 (Davidson & Troilo) Jack Fickessen Legislative Consultant Mark McLiney Southwest Securities Ryan Cunningham Southwest Securities The first order of business was the calling of the meeting to order. President Sydney Bauer called the meeting to order at 1:34 p.m. The second order of business was public comment. Mayor Hal Baldwin announced that Councilman Tony Wilenchik had passed away Monday, September 14th. Mr. Wilenchik had fought a courageous battle with cancer for approximately three years while he continued to work with City of Schertz officials and staff and will be greatly missed by them, the Schertz community and SSLGC. The third order of business was approval of the minutes for the board meeting held on August 20, 2009. Secretary Robin Dwyer made a motion to approve the August 20, 2009 minutes as written. Director Andrew Koenig seconded the motion. Upon a vote being called, the motion carried by unanimous decision of those members present. Treasurer Jim Wolverton arrived Zater at the meeting in progress. The fourth order of business was presentation of the General Manager's report - Alan Cockerell, General Manager. General Manager Cockerell's written report was included in the board agenda packets. He added the following items to his written report: o Water Production. Water pumpage for the month of August 2009 was 112.5% of SSLGC's permitted amount which is the highest amount of water pumped since SSLGC's inception. The Corporation is allowed to pump up to 125% of its monthly allotment per month not to exceed 100% per year. o Gonzales County Underground Water Conservation District (GCUWCD). General Manager Alan Cockerell attended the GCUWCD meeting held September 8, 2009. He highlighted the following items: Two public hearings regarding tax rates and CRWA permits were held in conjunction with GCUWCD's board meeting. The CRWA hearing ended with a tie vote by the Board in regard to granting party status to protesters (SAWS and WPA) of CRWA's permits which may result in a contested case hearing. Approval of CRWA's permits may be included on the agenda for GCUWCD's October 2009 board meeting. A draft of new rules GCUWCD is considering was included in the board agenda packets. The rules pertain to several issues which include exemptions from permitting, application for historical use status, brackish water permits and protection of groundwater quality. Discussion was held regarding clarification of the timeframe for the historical period in the document which was defined as January 1, 2007 through June 30, 2009. Other action items at the meeting included: (1) approved renewal of SSLGC's original six well production permits for five years; and (2) approved use of SCCS GAM model along with the state GAM model to evaluate permit applications. Mr. Cockerell noted that the use of the SCCS model is not retroactive. The district manager will require both models to be run on any future permit applications. Mr. Cockerell plans to attend the GMA-13 meeting scheduled September 18, 2009. The group is working to establish Desired Future Conditions for GMA-13. A handout of a letter from SAWS to GMA-13 voting groundwater member districts was provided for SSLGC board members' reference in regard to eligible voting members within GMA-13. Mr. Cockerell handed out a map from a Region L Gonzales County workgroup he had attended August 28, 2009. The rnap includes major projects in western and eastern Gonzales County. He called attention to a footnote that will be included in any future plans. In summary the note says, "the water supply in the Plan available from Gonzales County groundwater is only that amount of water permitted by the District, whatever that amount may be. To determine the cumulative effects of the Plan's water management strategies, the engineers will use the amount of water said to be available in the District's Management Plan. Only the amount of water the GCUWCD can or will permit is considered a water supply in the Plan. " In the future the footnote will become more generic, e.g., the term underground districts will be used instead of specific counties, i.e., Gonzales County in this case. Mr. Cockerell attended a Guadalupe Basin Water Needs Workgroup on August 28, 2009. He noted that GBRA plans to reintroduce a Simsboro groundwater project in the planning process. A follow-up meeting is scheduled September 18, 2009. Water level measurements were taken in Gonzales County during the month of September. Hydrologist Bill Klemt will submit a written report at the October 2009 board meeting. Mr. Klemt gave a brief report on four wells, Klecka, Wilson, Ashley North, and Ashley South. The average water levels of the four wells showed approximately 39 ft. of drawdown for the period 2002 through 2009. The two models used for comparison, SCCS and state GAM, show a drawdown of about 45 ft. Mr. Klemt emphasized that water level drawdowns affected by SSLGC's well field are less than model simulated drawdowns. He believes this pattern will continue in SSLGC's favor in the future. o Guadalupe County Groundwater Conservation District (GCGCD). Mr. Cockerell noted that GCGCD did not have a meeting during the month of September. The District has adopted an every other month schedule for board meetings. o Operations Report. Mr. Cockerell reported that well #5 is back in service. Presently all eight wells are in operation. The fifth order of business was approval of FY2009-2010 Management Services Agreement with Cities of Schertz and Seguin -Susan Caddell, Director of Finance and Alan Cockerell, General Manager. Management Services Agreements between SSLGC and the Cities of Schertz and Seguin were included in the board agenda packets. Policy dictates the approval of these agreements each fiscal year by SSLGC's board and both city councils. Mr. Cockerell noted that staff did not recommend any changes from the previous year. He asked for board approval of Resolutions SSLGC R09-OS and SSLGC R09-06 which give him authorization to execute the documents. Secretary Dwyer made a motion to authorize the Management Services Agreement between SSLGC and the City of Seguin (SSLGC R09-05). Vice-President Ramirez seconded the motion. Upon a vote being called, the motion carried by unanimous decision of those members present. President Bauer made a motion to approve the Management Services Agreement between SSLGC and the City of Schertz (SSLGC R09-06). Director Koenig seconded the motion. Upon a vote being called, the motion carried by unanimous decision of those members present. The sixth order of business was replacement of Nixon high service pump by Smith Pump Company -Alan Cockerell, General Manager. Mr. Cockerell reported that one of the high-service pumps at the Nixon Plant had failed and was damaged beyond repair. The estimate from Smith Pump Company was $41,934.00. He requested authorization to repair the pump and take the money from the Repair and Replacement Fund. He noted that the fund presently has a balance of $822,181.12. Bond covenants require that the Corporation maintain a balance of $500,000.00. Secretary Dwyer made a motion to approve payment of the bill for replacement of the Nixon high-service pump and take the monies from the Repair and Replacement Fund. Vice-President Ramirez seconded the motion. A brief discussion was held regarding the fiscal year budget and the purpose of the Repair and Replacement Fund. Mr. Cockerell requested additional money for the pump repair in case the actual amount was larger than the estimate from Smith Pump Company, e.g., freight fees may not be included. Secretary Dwyer amended his motion to approve .payment to .Smith Pump Company with the amount not to exceed $50,000. President Bauer seconded the motion. Upon a vote being called, the motion carried by unanimous decision of those members present. The seventh order of business was legislative update -Jack Fickessen, Consultant. Mr. Fickessen gave a report on current legislative issues concerning groundwater. The major concern is that 117 groundwater districts now have local control of groundwater in the state of Texas and do not appear to be providing adequate decision making on behalf of citizens or water providers within the state. Further discussion was held regarding future local and/or state control of groundwater. Secretary Dwyer stated that he had a copy of an analysis of actions taken in California, Arizona, Colorado, Nebraska and other states in regard to groundwater policy and results of those actions, both pros and cons. Mr. Dwyer offered to provide copies of the presentation which he had received at a Texas Water Law seminar to board members and staff if interested. Treasurer Jim Wolverton arrived at 2:03 p. m. The eighth order of business was Guadalupe County expansion project -Alan Cockerell, General Manager. Mr. Cockerell reported that design and construction plans for the Guadalupe project should be completed by the end of the year. 4 Mr. Cockerell acknowledged Shawn Shimek as he arrived at the meeting. Mr. Shimek was recently promoted to water systems superintendent for SSLGC. He has been employed by SSLGC since its inception and has a volume of experience with its system. The ninth order of business was well mitigation -Gonzales County -Alan Cockerell, General Manager. Mr. Cockerell handed out a list of past and possible recipients for well mitigation checks. SSLGC's well mitigation policy which was adopted by the Board in July 2008 was included in the board agenda packets. One of the requirements in the policy is that the well must be registered. The amount to be mitigated depends on the age of the well and the distance from SSLGC's well field. Mr. Cockerell gave a brief description of the owners' problems and remedies. He asked for direction from the Board. Discussion was held regarding a mitigation agreement with GCUWCD which is separate from SSLGC's mitigation policy. The mitigation agreement between SSLGC and GCUWCD is pending approval of SSLGC's four new well permits. Secretary Dwyer made a motion to authorize General Manager Cockerell to provide compensation as listed in the handout up to $1,500 for the Petras and Henrichs wells. Treasurer Wolverton seconded the motion. After additional discussion and upon a vote being called, the motion passed by unanimous decision. The tenth order of business was Gonzales County expansion proiect -Alan Cockerell, General Manager. President Bauer deferred Agenda Item #10 to Executive Session. President Bauer closed General Session at 2: 36 p. m. The eleventh order of business was Executive Session called under Chapter 551 Government Code, Subsection 551.071, to seek the advice of its attorney on legal matters relating to the Board of Director's rights and liabilities under certain contracts, Section 551.072, to deliberate the purchase of and/or sale of certain real estate and Section 551.074, for deliberations regarding a specific officer or employee. President Bauer opened Executive Session at 2: 48 p. m. Mayor Matthies left the meeting at 4:11 p. m. Executive Session was held from 2:48 p. m. to 4:14 p. m. The twelfth order of business was to consider and take action as a result of Agenda Item #11. President Bauer opened General Session at 4:14 p. m. As a result of Executive Session and at the advice of General Counsel Patrick Lindner: Secretary Dwyer made a motion to authorize the Executive Committee to direct SSLGC's counsel to withdraw its protest to SAWS permits in the event SAWS will agree to withdraw its objections to SSLGC's permits with prejudice. Treasurer Wolverton seconded the motion. Upon a vote being called, the motion passed by unanimous decision. The thirteenth order of business was consideration and/or action on questions and possible items to be placed on the next agenda. No additional discussion was held. The fourteenth order of business was adiournment. President Bauer declared the meeting adjourned at 4:15 p.m. The next regular meeting was scheduled October 15, 2009, in Seguin. MINUTES APPROVED THIS 15'N1 DAY OF ©~~'~ , 2009. <. G-/ Robin Dwyer Secretary