Loading...
10-17-2013 MinutesMINUTES OF THE SCHERTZ /SEQUIN LOCAL GOVERNMENT CORPORATION THE STATE OF TEXAS COUNTY OF GUADALUPE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION On this the 17th day of October, 2013, the Schertz /Seguin Local Government Corporation (SSLGC) convened at 1:30 p.m. in the City of Seguin Council Chambers located at 210 E. Gonzales, Seguin Texas. The following directors being present and in attendance: Ken Greenwald President Andrew Koenig Vice - President Larry Dublin Secretary Robin Dwyer Assistant Secretary Mayor Keil Ex- Officio and the following member being absent: Kerry Koehler Treasurer George Antuna 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: Doug Faseler City Manager (City of Seguin) John Bierschwale Executive Director (City of Schertz) Susan Caddell Director of Finance (City of Seguin) Sam Willoughby Public Works Director (City of Schertz) Emery Gallagher Water Utility Manager (City of Seguin) Patrick Lindner General Counsel (Davidson, Troilo, Ream & Garza) Steve Pena General Counsel (Davidson, Troilo, Ream & Garza) Rene Gonzales San Antonio Water System (SAWS) John Winkler Consultant (Walker Partners) Bill Klemt Consultant/ Hydrologist Mark MsLiney Financial Advisor (Southwest Securities) David Scagliola Councilman (City of Schertz) Alan Cockerell General Manager (SSLGC) Shawn Shimek Water Superintendent (SSLGC) Regina Franke Administrative Assistant (SSLGC) The first order of business was to Call the Meeting to Order. President Ken Greenwald called the meeting to order at 1:32 PM. The second order of business was Public Comment. There were no public comments. SSLGC MINUTES 10 -17 -2013 (6 Pages) SIGNED ORIGINAL(S): 1 Page 1 of 6 Datc /Time Printed: It/ I W013 I 3A I ANI nJ The third order of business was Approval of the Minutes for the Board Meeting held on September 19, 2013. Vice - President Koenig called attention to Agenda Item # 8 in the minutes. The statement, "President Greenwald deferred item five to Executive Session" should have read as item eight. Secretary Dublin made a motion to approve the September 19, 2013 minutes, with above noted correction. Assistant Secretary Dwyer seconded the motion. Upon a vote being called, the motion carried by a vote of 3 Yay (K. Greenwald, L. Dublin & R. Dwyer) and 1 Abstain due to absence his from the September 19, 2013 meeting (A. Koenig). 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: Water Production Seasonal pumping and monthly water sales charts were included in the board agenda packets. Water production for the month of September was 65.1% of Gonzales County Underground Water Conservation District's (GCUWCD) monthly allowable. GCUWCD The meeting was October 8, 2013; Mr. Cockerell attended. A copy of the meeting agenda, as well as, the investment report was included in the board packet. Mr. Cockerell also advised that he enclosed a copy of the response to the District's letter regarding water conservation efforts by SSLGC's customers. ➢ GCGCD Mr. Cockerell attended the meeting October 10, 2013 in Seguin. A copy of the meeting agenda was included in the board packet. The District also conducted a workshop on District rules regarding the Wilcox Aquifer. They were considering modification of the property requirements that require water leases within a certain distance from well sites. Mr. Cockerell also advised that the District would be relocating their offices to the La Plaza Building in Seguin, due to closure of the current location for mold issues in the building. The next meeting was scheduled for November 4, 2013. ➢ Region L /GMA -13. GMA -13: A copy of the meeting agenda was included in the board packet. GMA -13 was in the process of developing the five year update to the Desired Future Conditions (DFC). A draft explanatory report was provided by the GMA -13 consultant. It was anticipated that a draft of the DFC for GMA -13 would be adopted by the end of January 2014. SSLGC MINUTES 10 -17 -2013 (6 Pages) SIGNED ORIGINAL.(S): 1 Page 2 of 6 Date /Tirnc Printed: 11/1H/201310:11 AM nJ ➢ CVLGC The CVLGC meeting was September 26, 2013 in Schertz. A copy of the agenda was included in the board packet. Mr. Cockerell advised that the next board meeting was scheduled for October 24, 2013 in Cibolo. He would continue to keep the Board updated on CVLGC progress. The fifth order of business was CONSIDERATION AND APPROVAL OF A RESOLUTION BY THE BOARD OF DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AUTHORIZING THE ISSUANCE OF "SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION CONTRACT REVENUE REFUNDING BONDS, SERIES 2013 930; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THESE OBLIGATIONS AS PROVIDED HEREIN, ON A PARITY WITH CERTAIN CURRENTLY OUTSTANDING OBLIGATIONS; PROVIDING THE TERMS AND CONDITIONS OF SUCH BONDS AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT SECURITY, SALE, AND DELIVERY OF SUCH BONDS, INCLUDING THE APPROVAL OF THE DISTRIBUTION OF AN OFFICIAL STATEMENT RELATING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, AN ESCROW DEPOSIT LETTER, AND A BOND PURCHASE CONTRACT; DELEGATING THE AUTHORITY TO CERTAIN MEMBERS OF THE BOARD OF DIRECTORS AND STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; COMPLYING WITH THE REQUIREMENTS OF THE DEPOSITORY TRUST COMPANY'S LETTER OF REPRESENTATIONS; AND PROVIDING AN EFFECTIVE DATE — Duane Westerman, SAMCO & Mark MLiney Southwest Securities A Resolution # SSLGC R13 -19 Mr. WLiney advised that if SSLGC opted to proceed with the bond refunding, it would not extend past the original maturity date. Assistant Secretary Dwyer asked if the savings amounts were inclusive of all the costs associated with the refunding process. Mr. M -Liney responded to the affirmative. He noted that the resolution would give permission for the financial advisors and bond counsel to proceed, if they found a buyer, and to also set a threshold minimum amount for savings that the Board would require. Mr. NPLiney noted that once a buyer was found, both city councils would be required to approve the sale before they could finalize the transaction. Secretary Dublin made a motion to approve the Resolution # SSLGC R13 -19, with a target net savings of $275,000. Vice - President Koenig seconded the motion. Upon a vote being called, the motion carried by unanimous decision. (2:04 PDA) The sixth order of business was Water Level Measurements — Bill Klemt, Geologist. Mr. Klemt's report was included in the board packet. His summary was as follows: Water levels changed very little in the minor aquifers. Within the immediate SSLGC Well-Field Area, for the period Aug /Sept 2002 to September 2013, the average Carrizo Water -level decline is on the order of 4.03 feet /year. In the general area of western Gonzales County, water levels are declining at an average rate of about 2.34 feet /year. Water levels continue to decline modestly in the SSLGC MINUTES 10 -17 -2013 (6 Pages) SIGNED ORIGINALS): 1 Page 3 of 6 Date /Time I'dwed: 11/18/2013 10:11 Ahi n% Carrizo outcrop areas of Guadalupe and Gonzales Counties. In the future, it is expected that SSLGC, SAWS and CRWA will increase pumpage above the present day level. When this happens, average water -level declines per year will increase and then gradually decrease over time. The seventh order of business was SAWS Expansion Project Update —John Winkler, Walker Partners & Alan Cockerell, General. Manager ➢ Resolution # SSLGC R13 -20 Mr. Cockerell advised that, in the initial construction of the pipeline, the plans were changed that called for an upgrade in the size of the pipe from a 30 inch to 36 inch. That modification was never made. Mr. Cockerell stated that the change was required to handle the volume of water that would need to pass through the pipeline at that point. He noted that currently, SAWS had the Change Order # 1 for review. Mr. Winkler added that this was a change that SAWS was funding as part of the contract terms. Assistant Secretary Dwyer made a motion to approve Resolution # SSLGC R13 -20. Secretary Dublin seconded the motion. Upon a vote being called, the motion carried by unanimous decision. Mr. Cockerell advised that Mr. Winker had sent Pepper- Lawson a letter addressing issues, including the concrete pours. Mr. Winkler and Mr. Cockerell had met the previous week with Pepper - Lawson. They offered their assurance to Mr. Winkler and Mr. Cockerell that all issues would be corrected. Counselor Lindner requested that this item be deferred to Executive Session. President Greenwald deferred item seven to Executive Session. The eighth order of business Old Fire House in downtown Seguin for administrative offices - Alan Cockerell, General Manager Mr. Cockerell advised that the roof replacement was complete. Parsons was scheduled to repair the flashing on the cornice before by Friday, October 18, 2013. Mr. Cockerell also stated that the HVAC replacement /repair was nearing completion, and the RFPs for the remaining renovations were due October 24, 2013 by 2:00 PM. Mr. Cockerell advised that he hoped to be in the building by January 2014, but he would have a better estimation once the RFPs were received. The ninth order of business was Authorize SSLGC Executive Committee to select and =rove the contractor and authorize General Manger to sign the contract for The Old Fire House —SSLGC New Administration Building. ➢ Resolution # SSLGC R13 -21 Mr. Cockerell stated that he hoped to move forward as soon as possible with the remaining renovations. As the due date for the proposals would fall in- between board meeting dates, to save time, Mr. Cockerell recommended that the Board consider allowing the Executive Committee to review and award the contract, as well as, grant permission for the General Manager to sign the contract. SSLGC MINUTES 10 -17-2013 (6 Pages) SIGNED ORIGINAL(S): 1 Page 4 of 6 Date /Tine Printed: 11/18/2013 1 (LI I AM r1f Secretary Dublin made a motion to approve Resolution # SSLGC R13 -21. Assistant Secretary Dwyer seconded the motion. Upon a vote being called, the motion carried by unanimous decision. The tenth order of business was Legislative Update — Billy Phenix, Legislative Consultant & Alan Cockerell, General Manager Mr. Cockerell advised that Mr. Phenix had provided a draft of a plan to work on during the interim with Mr. Camp, Mr. Cockerell, Counselor Lindner and himself. Updates would be provided as applicable. The eleventh order of business was Status Update BPS Ground Storage Tank - Preload Representative & Alan Cockerell, General Manager Executive Session Recommended President Greenwald deferred item eleven to Executive Session. The twelfth order of business was Wholesale Water Contract(s)— Patrick Lindner, General Counsel & Alan Cockerell General Manage Executive Session Recommended President Greenwald deferred item twelve to Executive Session. The thirteenth order of business was Gonzales County & Guadalupe County Carrzo and Wilcox Water Leases — Alan Cockerell, General Manager Executive Session Recommended President Greenwald deferred item thirteen to Executive Session. The fourteenth order of business was Executive Session called under Chapter 551 Government Code, Section. 551.071, to seek the advice of its attorney on legal matters, and Section 551.072, for deliberations regarding real estate. President Greenwald closed General Session at 2:30 PM Secretary Dublin l ft the meeting 2:30 PM Executive Session was held from 2:45 PM to 3,35 PM The fifteenth order of business was Consider and Take Action as Result of Agenda Item Number fifteen. President Greenwald reopened General Session at 3:36 PM Agenda Item # 7 Assistant Secretary Dwyer made a motion to authorize Counselor Lindner to notify Surety Company regarding the lack of supervision and defective work by Pepper- Lawson. Vice - President Koenig seconded the motion. Upon a vote being called, the motion carried by unanimous decision Agenda Item # 11 No actions requested /No action taken SSLGC MINUTES 10 -17 -2013 (6 rages) SIGNED ORIGINAL(S): 1 Page 5 of 6 Date/Time Prinn•d: I1/18/2013 10:11 Alf ri/ Agenda Item # 12 No actions requested /No action taken Agenda Item # 13 Assistant Secretary Dwyer made a motion to authorize Mr. Walter Tacquard, III and the General Manager to use the Guadalupe Water Lease template drafted by Counselor Linder. Vice- President Koenig seconded the motion. Upon a vote being called, the motion carried by unanimous decision The sixteenth order of business was Consideration and /or Action on Questions and _Possible Items to be placed on the Next Agenda. ➢ The next scheduled board meeting was Thursday, November 21, 2013 at 1:30 PM in Schertz. ➢ Financial Reports Q4- FYE2013 The seventeenth order of business was Adjournment. President Greenwald declared the meeting adjourned at 3:40 p.m. MINUTES APPROVED THIS 213` DAY OF NOVEMBER, 2013. Larry Dublin, Secretary Or Robin Dwyer, Assistant Secretary SSLGC MINUTES 10 -17 -2013 (G Pages) SIGNED ORIGINAL(S): 1 Page G of b lDatc /Time Printc& 11%18/21113 10:11 AM n/