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SSLGC 04-16-2009MINUTES OF, THE SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION THE STATE OF TEXAS § COUNTY OF GUADALUPE § SCHERTZ-SEGUIN LOCAL § GOVERNMENT CORPORATION § On this the 16~' day of April, 2009, the Schertz-Seguin Local Government Corporation (SSLGC) convened at 1:35 p.m. in the City of Seguin Council Chambers located at 210 E. Gonzales, Seguin, Texas. The following members being present and in attendance: Sydney Bauer Patricia Ramirez Robin Dwyer Jim Wolverton Terry Wells Betty Ann Matthies Hal Baldwin 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 Don Taylor Doug Faseler Susan Caddell John Bailey Georgia Hanks Sam Willoughby Paul Gonzalez Bill Klemt John Winkler Crockett Camp General Manager City Manager of Schertz City Manager of Seguin Finance Director of Seguin Water Superintendent Administrative Assistant Schertz Public Works Director Legal COlll1Se1 (Davidson & Troilo) Hydrologist Consultant Consultant Consultant/Project Manager The first order of business was the calling of the meeting to order. President Sydney Bauer called the meeting to order at 1:35 p.m. The second order of business was uublic comment. No one addressed the Board during public comment. The third order of business was approval of the minutes for the board meeting held on March 26, 2009. Secretary Robin .Dwyer made a motion to approve the minutes of the March 26, 2009, meeting as written. Treasurer Jim Wolverton 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 Manager. Mr. Cockerell's written report was included in the board agenda packets. He highlighted the following items in his report: • Gonzales County Underground Water Conservation District (GCUWCD) General Manager Alan Cockerell attended a GCUWCD Public Hearing on Apri19, 2009. The Public Hearing was held to receive comments from interested parties on GCUWCD's Management Plan. GCUWCD's new plan does not include a managed amount of available groundwater. After discussing the issue with the Water Development Board, the District deferred this issue until the new "Desired Future Conditions" (RFC's) are set. The District will approve permits on the basis of GAM modeling and the 100 ft. drawdown in 50 years. Mr. Cockerell attended the regular meeting of GCUWCD on April 14, 2009. He handed .out the agenda for the meeting and called attention to the following agenda items: o Agenda Item #5 -Discuss and consider renewal of a drilling production permit filed by SSLGC for its well #8. The well permit was renewed. Mr. Cockerell added that SSLGC's permit for well #7 expires in July and a request for renewal has already been submitted. Permits for wells 1-6 will expire in October of 2009. GCUWCD's rules have changed and presently permits are renewed by Board action every five years. o Agenda Item #6 -Discuss and consider adopting the revised Management Plan. The new Management Plan was adopted. o Agenda Item #8 -Discuss and consider approving a contract for services with Daniel B. Stevens & Associates. The contract with Daniel B. Stevens & Associates was approved for the services of Andy Donnelly who was previously employed by the Water Development Board to perform future GAM modeling for GCUWCD. After the regular meeting of the GCUWCD, a Public Hearing was held to consider issuance of SSLGC's four well permits and transportation permit. The permits were not approved. The GCUWCD granted a Contested Case Hearing and party status to four parties: 1) Water Protection Association; 2) San Antonio Water System; 3) Gonzales Ranch, LLC; and 4) Dorothy Ploeger. Mr. Cockerell noted that GCUWCD's district a manager did not oppose SSLGC's permit applications, but he will be a part of the Contested Case Hearing according to the District's rules. Mr. Cockerell stated that he had requested Gonzales County landowners who have water leases with the Corporation to attend the Public Hearing. Several of these landowners attended the Public Hearing and showed strong support for SSLGC. He added that the Mayor of Smiley attended the Public Hearing and said that he did not oppose SSLGC's permits as long as water was available and that the decision of available water should be left up to the District. The Mayor concluded that he understood SSLGC's plan included 20,000 acre-ft and it had invested a considerable amount of capital in the project. He felt the GCUWCD Board should allow the Corporation to complete its project. • Guadalupe County Groundwater Conservation District (GCGCD) -The GCGCD held its regular meeting on April 9, 2009. SSLGC's request for a well field application (eight drilling permits) and GCGCD's establishment of permit application fees were included on the agenda. Drilling permits were set at $100; productions permits were set at $500; and if additional expenses are incurred additional charges maybe applied. Mr. Cockerell will ask GCGCD General Manager Ron Naumann to clarify additional charges. • Operations -Discussion was held regarding water leaks on the Corporation's pipeline and well heads. Mr. Cockerell stated that the Corporation has a good network of property owners who advise it of water leaks on easements located on their properties. Well #5 has a small leak on its well head and has not been running. Peerless representatives are scheduled to repair it the week of Apri120~'. They have received parts for well #1 and plan to work on both wells during the same time frame. • TCEQ Violation Notice - Mr. Cockerell reported that SSLGC has received a Notice of Violation for failing to submit Disinfectant Level Quarterly Operating Reports (DLQOR's) for the 4~' quarter of 2008. He added that the notice was for a reporting violation only. All test results had been completed and were within TCEQ requirements. The Corporation was not aware that it had to report DLQOR's because it is a wholesale provider and its customers are required to report this information on a quarterly basis. After conferring with TCEQ representatives, he found that the TCEQ requires the Corporation to provide these reports because it has a separate water supply number than its customers. A copy of the notice was sent to SSLGC's wholesale customers. The issue has been addressed and future reports will be provided to the TCEQ as required. Secretary Dwyer noted that the technical memorandum from Consultant John Winkler regarding SSLGC's potential Guadalupe well field which was included in the board agenda packets did not appear to have all of its pages. Mr. Cockerell will provide the_ complete memorandum to the Board members at a later date. 3 The fifth order of business was Election of Officers - Sydney Bauer, President of Board. Due to the departure of Director Ken Greenwald, the position of vice-president of SSLGC's board of directors was left vacant. President Sydney Bauer requested nominations for this position. . Secretary Dwyer made a motion to nominate Director Patricia Ramirez for the position of vice-president of the board of directors of SSLGC. Treasurer Wolverton seconded the motion. Secretary Dwyer made a motion that nominations cease and that Ms. Ramirez be approved by acclamation. With no further nominations, a vote was called and the motion carried by unanimous decision. The sixth order of business was Drought Contin~ency & Water Emergency Resuonse Plan, Resolution SSLGC R09-O1-Alan Cockerell, General Manager. General Manager Cockerell gave a brief summary of the Corporation's Drought Contingency and Water Emergency Response Plan which was included along with Resolution SSLGC R09-O1 in the board agenda packets. The Texas Administrative Code requires that wholesale water suppliers have a drought contingency plan. Mr. Cockerell prepared the plan by following the basic requirements of the Texas Administrative Code and plans to build on those guidelines in the future. The Corporation's goal is to encourage the conservation and proper use of water and ~to notify its customers when use of their alternate water sources or restrictions may be needed. Mr. Cockerell noted that although stages of water conservation are included in the plan, the Corporation as a wholesale water provider will not publicize the stages of water restriction to the public. The customers of the Corporation, e.g., the Cities of Seguin and Schertz, have Drought Contingency Plans and will publicize the various stages of water restriction to their customers. The Corporation monitors its monthly permitted amount of water on a weekly basis in order not to exceed its monthly permitted usage of 125% and remain compliant with GCUWCD's rules and regulations. The TCEQ and Water Development Board require that water restriction conditions are addressed in contracts with customers. Although these conditions are not addressed in contracts SSLGC presently has with its customers, pro-rata allocation conditions will be included in any new contracts acquired by SSLGC. Secretary Dwyer added that in regard to existing contracts the Corporation has with its customers, the Corporation could fall back on Force Majure clauses which were included in the contracts in case of emergencies beyond its control. Mr. Cockerell concluded that SSLGC would send its Drought Contingency and Water Emergency Response Plan to all of its customers when the Plan is approved. Mr. Cockerell stated that General Counsel for the Corporation Patrick Lindner had reviewed the Plan and found no issues with it. He requested approval of Resolution SSLGC R09-O1. Secretary Dwyer made a motion to adopt SSLGC's Drought Contingency and Water Emergency Response Plan to promote the responsible use of water as stated in Resolution SSLGC R09-Ol. Vice-President Patricia Ramirez seconded the motion. Upon a vote being called, the motion carried by unanimous decision. The seventh order of business was Water Conservation Plan, Resolution SSLGC R09-02 - Alan Cockerell, General Manager. Mr. Cockerell reported that although many entities combine drought contingency and water conservation plans, the TCEQ and Water Development Board require two separate plans. Again he followed the requirements of the Texas Administrative Code to prepare the Corporation's Water Conservation Plan. Successive contracts between SSLGC and its customers are required to address target objectives of the Plan. Mr. Cockerell gave a brief summary of the goals of the Corporation which were addressed in its Plan. Discussion was held regarding the relationship between the Corporation and its customers in regard to water conservation and the monitoring of its system. Treasurer Wolverton made a motion to approve SSLGC's Water Conservation Plan, Resolution SSLGC R09-02. Secretary Dwyer seconded the motion. Upon a vote being called, the motion carried by unanimous decision. The eighth order of business was Gonzales County WTP Filter Rehabilitation Proiect, Phase II -Alan Cockerell, General Manager. Mr. Cockerell reported that a fmal walk-through was conducted with Lockwood, Andrews and Newnam and Associated Construction Partners representatives on Apri18, 2009. The contractor has completed the job and all filters are in service. The fmal retainage payment will be held until two minor items are completed. The ninth order of business was Legislation Update -Counsel Patrick Lindner, Davidson & Troilo. President Bauer deferred agenda item nine to Executive Session. The tenth order of business was Guadalupe County Expansion Proiect -Alan Cockerell, General Manager. President Bauer deferred agenda item ten to Executive Session. The eleventh order of business was Gonzales County Expansion Proiect -Alan Cockerell, General Manager. President Bauer deferred agenda item eleven to Executive Session. President Bauer closed General Session at 2:18 p. m. The twelfth order of business was Executive Session called under Chanter 551 Government Code, Subsection 551.071, to seek the advice of its attornev 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. Executive Session was held from 2:19 p:m. to 3:25 p.m. The thirteenth order of business was to consider and take action as a result of Agenda Item Twelve. President Bauer reopened General Session at 3: 26 p. m. As a result of Executive Session and based on recommendations from Counsel Paul Gonzales, the following motion was made: Agenda Item 11-Gonzales County Expansion Project Secretary Dwyer made a motion to authorize and endorse additional action by SSLGC staff and counsel, consistent with confidential and privileged attorney-client consultations in executive session, relating to the Gonzales County Expansion Project. Treasurer Wolverton seconded the motion. Upon a vote being called, the motion carried by unanimous decision. The fourteenth 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 next regular board meeting was scheduled May 21, 2009, at 1:30 p.m. in Schertz, Texas. The fifteenth order of business was adiournment. President Bauer declared the meeting adjourned at 3:27 p.m. MINUTES APPROVED THIS d~~5~ DAY OF ~ , 2009. el~ Robi Dwyer Secretary