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04-21-2016MINUTES OF THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION THE STATE OF TEXAS COUNTY OF GUADALUPE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION On this the 21`t day of April, 2016 the Schertz /Seguin Local Government Corporation (SSLGC) convened at 1:30 PM at SSLGC Administrative Building located at 108 W. Mountain Street, Seguin, Texas. The following board members being present and in attendance: Ken Greenwald President Robin Dwyer Andrew Hunt T. "Jake" Jacobs Bob Pees Jim Fowler Mayor Keil Vice - President Treasurer Secretary Assistant Secretary 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: Doug Faseler City Manager Rick Cortez Assistant City Manager (City of Seguin) Dudley Wait Executive Director of Operations (City of Schertz) Susan Caddell Director of Finance (City of Seguin) Jimmy Hooks Assistant Public Works Director (City of Schertz) Patrick Lindner General Counsel (Davidson, Troilo, Ream & Garza) Duane Westerman Jeff Kuhn Steven Seibert Charles Kucherka John Winkler Crockett Camp Financial Consultant (SAMCO) Bond Counsel (Norton Rose Fulbright) San Antonio Water System (SAWS) P.E. (Frees and Nichols) Consultant (Walker Partners) Consultant Bill Klemt Consultant /Hydrologist Billy Phenix Legislative Consultant Johnny Bierschwale Citizen (City of Schertz) Craig Hines Canyon Regional Water Authority (CRWA) Alan Cockerell General Manager (SSLGC) Amber Briggs Assistant General Manager (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 1:30 PM The second order of business was Public Comment There were no public comments. 1of6 SSLGC MINUTES 04/21/2016 (6 Pages) SttGNED {0R_l( i- 1rgAL(S): I Date /Time Printed: 5/18/2016 4:59 PM ref The third order of business was of the Minutes for the Board Meeting held March 17, 2016 Assistant Secretary Pees made a motion to approve the March 17, 2016 minutes. Treasurer Hunt seconded the motion. Upon a vote being called, the motion carried by unanimous decision. The fourth order of business was Presentation of the General Manager's Report -- Alan Cockerell, General Man r 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 March was 45.1% of Gonzales County Underground Water Conservation District's (GCUWCD) monthly allowable. SAWS has committed to 2,500 ac -ft /yr for calendar year 2017. ➢ GCUWCD Mart h_ y t1?ee &_- The monthly meeting was held April 12, 2016; Mr. Cockerell attended. A copy of the agenda was included in the board packet. All items on the consent agenda passed. The Board has scheduled a workshop to discuss the designation of a new DFC for the District on April 21, 2016. Monitoring of the outcrop continued to appear as the preferred method by the District. GBRA and CRWA both submitted requests for minor permit amendments and copies of their requests to the District were included in the board packet. No action was taken at the meeting. Mr. Cockerell advised that the removal of the contiguous rule may have spurred this request. ➢ GCGCD M(1wl)ly A!ieC lJ1Pr The meeting was held April 14, 2016. Mr. Cockerell & Miss Briggs attended; a copy of the agenda was included in the board packet. The District had proposed rule changes and had provided a draft copy. SSLGC staff would review the proposed changes and make comments, as appropriate. The proposed public hearing on the rule changes was postponed due to a disagreement among board members. ➢ Region L /GMA- 13 /RWA There was no meeting this month. The next meeting will be May 5, 2016 in San Antonio. GMA -93: The meeting was scheduled for April 27, 2016; Mr. Cockerell and Miss Briggs planned to attend the meeting in Pleasanton. The new DFCs were expected to be approved at that meeting. ➢ CVLGC The CVLGC Board meeting was held March 24, 2016 at 9:00 AM in Cibolo and a copy of the agenda was included in the board packet. Work continues to execute water leases with landowners. The next board meeting was scheduled for April 28, 2016 at 9:00 AM in Schertz 2 of SSLGC MINUTES 04/21/2016 (6 Pages) SIGNED ORIGINAL(S): 1 Date /Time Printed: 5/18/2016 4:59 PM rcf The fifth order of business was Budget Amendment — Susan Caddell Director of Finance & Alan Cockerell, General Manager ➢ Resolution # SSLGC R16 -04 — Budget Amendment Mrs. Caddell advised that the SSLGC Operating Capital Fund Policy dictated that SSLGC would maintain a three month operating balance. It was discussed and agreed at a previous board meeting that once the annual audit was completed and accepted, the Board would consider a transfer of retained earnings, to the SSLGC Repair /Replacement Fund, in the amount that exceeded that three month policy requirement. Vice - President Dwyer made a motion to approve Resolution # SSLGC R16 -04 — Budget Amendment for the transfer of $400,000 from SSLGC retained earnings to the SSLGC Repair/ Replacement Fund. Assistant Secretary Pees seconded the motion. Upon a vote being called, the motion carried by unanimous decision. The sixth Qrder of business was CONSIDERATION AND APPROVAL OF A RESOLUTION REQUEaING FINANCIAL ASSISTANCE FROM THE FOLLOWING TEXAS WATER DEVELOPMENT BOARD PROGRAMS: (1) STATE WATER IMPLEMENTATION FUND FOR TEXAS IN AN ESTIMATED AMOUNT OF $36,000,000 AND 2 TEXAS WATER DEVELOPMENT BOARD L AN PARTICIPATION IN AN ESTIMATED AMOUNT OF $30,500,000, _BOTHFOR THE PURPOSE OF PLANNING DESI-GMNG, AND CONSTRUCTING UTILITY SYSTEM IMPROVEMENTS IN ACCORDANCE WITH THE IMPLEMENTATION OF THE STATE WATER PLAN; AUTHORIZING THE SCHER'TZ ISEGUIN LOCAL GOVERNMENT CORPORATION'S CO- FINANCIAL ADVISORS, BOND COUNSEL, AND ENGINEERS TO COORDINATE THE SUBMISSION OF THE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD; AND OTHER MATTERS IN CONNECTION THEREWITH — Alan Cockerell, General_Manager & Duane Westerman & Mark Mcliney, SAMCO ➢ Resolution # SSLGC R16 -05. Mr. Cockerell advised that the application submission deadline was May 11, 2016. He noted that this submission does NOT obligate SSLGC to the funding agreement. Mr. Cockerell anticipated that the funding agreement would be presented in August/ September 2016 time frame. At that point SSLGC would review and make the determination whether or not to participate. Mr. Kuhn advised that both of the cities, in addition to SSLGC, would be required to take formal actions regarding the funding agreement, as the SWIFT agreement would obligated them, as well. Mr. Westerman explained that they were all working on rate studies and gathering additional information to offer more data and figures to the Board and City Councils which would allow for a more informed decision. The action being requested under this agenda item was for the Board to give permission for SSLGC to submit the application for the funding. Assistant Secretary Pees advised that he had three points he would requested be considered prior to the agreement to accept the funding: 1.) Establishing definite water rates for Guadalupe Project water 2.) Consider the Gonzales Project and Guadalupe Project as two separate projects and treat them as such on rate making and other matters 3.) Discuss expectations of CVLGC as it relates to treatment and transportation of their water and their project 3 of 6 SSLGC MINUTES 04/21/2016 (6 Pages) SIGNED ORIGINAL(S): 1 Date /Time Printed: 5/18/2016 4:59 PM rcf Vice - President Dwyer made a motion to approve Resolution # SSLGC R16 -05. Treasurer Hunt seconded the motion. Upon a vote being called, the motion carried by unanimous decision. The seventh order of business was CONSIDERATION AND APPROVAL BY THE BOARD OF DIRECTORS OF THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION APP iNTING SAMCO CAPITAL MARKETS. INC., AS ITS FINANCIAL ADVISOR AND NORTON ROSE F LBRIGHT US LLP AS ITS B D COUNSEL, WITH RESPECT TO TEXAS -WATER DEVELOPMENT BOARD'S STATE WATER IMPLEMENTATION FUND FOR TEXAS PROGRAM, AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE THE NECESSARY ENGAGEMENT AGREEMENTS WITH THESE PROFESSIONALS — Alan Cockerell, General Manager & Duane Westerman & Mark Mclniney, SAMCO ➢ Resolution # SSLGC R16 -06 The SSLGC Board approval of this resolution would authorize the appointments of SAMCO Capital Markets, Inc. as Financial Advisor and Norton Rose Fulbright, LLP as Bond Counsel, with respect to the TWDB SWIFT program and authorize the General Manager to sign the necessary Engagement Agreements with the above named professionals. Assistant Secretary Pees made a motion to approve Resolution # SSLGC R16 -06. Secretary Jacobs seconded the motion. Upon a vote being called, the motion carried by unanimous decision. The eighth order of business was SSLGC Construction Update — John Winkler, Walker Partners & Alan CockerelI, General ManaMt Miss Briggs advised of the following: * Chlorine Dioxide (Task Order # 16) The system was placed online on March 8, 2016 and was expected to continue for 45 -60 days. Mr. Winkler will inspect the headers during that time to determine if it has been successful. * Cathodic Protect (Task Order # 17) There were three components remaining to be bonded. One of the air release valves, where there was a large amount of concrete underneath the original vaults, and two bends where there was a significant amount of concrete on top of the pipeline. There were three areas where the joint was directly beneath a road /driveway and was not encased. SSLGC has been working on solutions to the issues. Metal Tank Rehabilitation (Task Order # 20) Williams Paint & Sandblasting had begun sandblasting the tank at the NWTP. * WTP1 Upgrades (Task Order # 21) SSLGC had requested proposals from contractors on March 24, 2016 for the SSLGC WTP Former Caustic Rooms Demolition Project. A pre - proposal conference was held April 6, 2016 with proposals being due April 14, 2016. There were three submissions for the project. The lowest priced proposal was from Roblesl, LLC for $22,700. Staff planned to proceed with this contractor and demolition project. * High Service Pump Controller Upgrade (Task Order # 22) Mr. Winkler was reviewing the shop drawings for the fabrication of materials. * SSLGC Park & Recreation Master Plan (Task Order # 19) Mr. Baldwin continues to work on a revised Master Plan design. Mr. Winkler had begun working on an enlargement of the Phase 1 lake area. 4of6 SSLGC MINUTES 04/21/2016 (6 Pages) SIGNED ORIGINAL(S): 1 Date /Time Printed: 5/18/2016 4:59 PM rcf The ninth order of business was Cibolo Relocation of the 3G inch Pipeline — John Winkler, Walker Partners & Alan Cockerell, General Manager Mr. Cockerell advised that he had not received any official plan from the City of Cibolo. Mr. Winkler maintained that he recommended SSLGC pipeline be relocated as part of this project. The tenth order of business was Legislative Update -- Sill y Phenix, Legislative Consultant & Alan Cockerell, General Manager Counselor Lindner requested that this agenda item be deferred to Executive Session. President Greenwald deferred item ten to Executive Session. The eleventh order of business was Post Oak Clean Green, Inc. (Landfill) — Patrick Lindner, General Counsel & john Winkler, Walker Partners Executive Session Recommended President Greenwald deferred item eleven to Executive Session. The twelfth order of business was Guadalupe Project Wholesale Water Contract(s) & Well Permito) — Patrick Lindner, General Counsel &Alan Cockerell, General Manager Executive Session Recommended President Greenwald deferred item twelve to Executive Session. The thirteenth order of business was Gonzales County & Guadalupe County Carrizo and Wilcox Water Leases and Property Purchases —Alan Cockerell, General Manager Executive Session Recommended President Greenwald deferred item thirteen to Executive Session. The fourteenth order of business was General Manager's Evaluation — Dudley Wait, Executive Director of Operations- Schertz Executive Session Recommended President Greenwald deferred item fourteen to Executive Session. The fifteenth order of business was Executive _Session called under Chanter 551 Government Code, Secti n 551071, to Seek the advice of its attorney on legal matters, and Section 551072, for deliberations regarding real estate, and Section 551.074, delibera 'ons regarding a specific officer of employee President Greenwald closed General Session at 2:05 PM Executive Session was held from 2:18 PM to 3:04 PM The sixteenth order of business was Consider and Take Action as Result of Agenda Item Number Fifteen President Greenwald reopened General Session at 3:05 PM Agenda Item #10 No action requested /No action taken Agenda Item #11 No action requested /No action taken Agenda Item #12 No action requested /No action taken 5of6 SSLGC MINUTES 04/21/2016 (6 Pages) SIGNED ORIGINAL(S): 1 Date /Time Printed: 5/18/2016 4:59 PM rcf Agenda Item #13 No action requested /No action taken Agenda Item #14 No action requested /No action taken The seventh order of business was Consideration andlor_ Action _on anestinn5 and passible items to be placed on the next agenda ➢ The next board meeting was scheduled for Thursday, May 19, 2016 in SSLGC Administrative Building at 1:30 PM ➢ General Manager Evaluation ➢ Relocation of the pipeline — Cibolo (possible Task Order for relocation) The eighteenth order of business was Adjournment President Greenwald declared the meeting adjourned at 3:06PM MINUTES APPROVED THIS 191h DAY OF MAY, 2016. W, T. "Jake" Jacobs, Secretary 'r B& Pees, Assistant Secretary 6of6 SSLGC MINUTES 04/21/2016 (6 Pages) SIGNED ORIGINAL(S): 1 Date /Time Printed: 5/18/2016 4:59 PM rcf