08-18-2011MINUTES OF THE
SCHERTZISEGUIN LOCAL GOVERNMENT CORPORATION
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
SCHERTZISEGUIN LOCAL §
GOVERNMENT CORPORATION ~
On this the 18th day of August, 2011, the Schertz/Sequin Local Government Corporation
{SSLGC) convened at 1:33 p.m. in the City of Sequin Council Chambers located at 210 E.
Gonzales, Seguin, Texas. The following members being present and in attendance:
Ken Greenwald President
Robin Dwyer Vice-President
Timothy "Jake" Jacobs Secretary
Andrew Koenig Treasurer
Kerry Koehler Director
Hal Baldwin Ex-Officio
Betty Ann Matthies 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
Johnny Bierschwale
Susan Caddell
Sam Willoughby
Patrick Lindner
Bill Klemt
John Winkler
Crockett Camp
Jack ~'ickessen
Alan Cockerell
Shawn Shimek
Regina Franke
City Manager Sequin
Assistant City Manager Schertz
Finance Director Seguin
Public Works Director Schertz
Counsel (l]avidson & Troilo)
HydrologistlConsultant
Consultant (Walker Partners)
Consultant/Project Manager
Legislative Consultant
General Manager SSLGC
Water System Superintendent SSLGC
Adrninistrative Assistant SSLGC
The first order of business was to Call the Meeting to Order.
President Ken Greenwald called the meeting to order at 1:33 p.m.
The second order of business was Public Comment.
No public comment
The third order of business was A royal of the Minutes for the Board Meetin held on
July 21, 2011.
Director Koehler made a motion to approve the July 21, 2011 minutes as read. Vice-
President Dwyer seconded the motion. Upan a vote being called, the motion carried by
unanimous decision.
The fourth order of business was GBRA Presentation -Water uali. arlcl Frackin
Debbie Main.
Ms. Magin provided pamphlets regarding fracking. She advised that testing is available to
landowners far $375, if interested, in an effort to establish a baseline. President Greenwald
stated that it is the intention of SSLGC to have testing done on owned properties to establish
such a baseline. Ms. Magin stated that recent legislation has been passed whereas the chemicals
used in the fracking process are now required to be made public; quantity of such chemicals is
not required to be disclosed however. She advised that there has been no pz•oven water
contamination found in the State of Texas from recent fracking. In the states where a concern
over contamination exists, further research is being conducted to determine whether the
contazxzinates were present prior to the fracking process. The fear regarding contamination in the
Fort Worth area also has been questioned due to the fact that it is a more urban area and other
construction factors could be to blame for such contamination.
The fifth order of business was Presentation of the General Mana er's Re ort -Alan
Cockerell, General Manager.
General Manager Alan 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 July 2011 was at 91.6% of Gonzales County
Underground Water Conservation District's {GCUWCD} monthly allowable. Mr.
Cockerell advised that he believes water production io be dowzi due to showers received
in June and July as well as people simply abandoning the process of watering their yards.
y GCUWCD
The meeting was held on July 12, 2011 and Mr. Cockerell attended. A copy of the
agenda is included in the board packet including information regarding the Western
Mitigation Fund.
Jean Patez•ek resigned from the board due to personal reasons. Her resignation was
submitted prior to the meeting and there was no discussion regarding filling the vacancy.
- GCGCD
z
Mr. Cockerell will attend the meeting this afternoon {August I8, 2011). Redistricting
appears to be the most pertinent item on their agenda.
y Region L/GMA-13
Mr. Cockerell (Agriculture position} was appointed to the planning group along with
Kevin Janak (Electric Generating Utility position) Commissioner from Victoria to fill the
two vacant positions. All incumbents were reappointed to the planning group. Five
additional members will be appointed by the Groundwater Managezxzent Areas (GMA}
within the region due to recent legislation.
Region L may not meet in November due to TWDB water use projections not being
available until after the first of the year.
The sixth order of business was Presentation of Treasurer's Report -Susan Caddell,
Finance Director & Alan Cockerell, General Manager.
a. Financial Statements for the quarter ending June 30, 2011.
Mrs. Caddell advised that attached are the financial reports for the nine months ended June 30,
2011. These include the Balance Sheet and the Statement of Revenues, Expenses and Changes
in Net Assets. A net loss of $4,229,239.80 is indicated, which is largely attributable to the
spending funds from the 2007 and 2010 Construction Funds. Page four (4) is the Statement of
Revenues, Expenses and Changes in Net Assets for the Operating Fund; near the bottom of the
page is the "Net Incon~e (Loss) Before Transfers" of $650,234.13. Mrs. Caddell advised that is
was recommended by our rate consultant, Dan Jackson of Econozxzist.com, rather than having
different rates for revenue for Operating Fund, Repair and Replacement Fund and the Future
Development Fund, we put all the revenue in the Operating Fund and make transfers to the other
funds as necessary. The transfers to the two {2} funds are based upon $0.14 per thousand gallons
of usage for the first three (3) quarters of FY2011.
Mrs. Caddell stated that the statements for the 2007 Construction Fund, which account foz• the
expenditures of the bond proceeds from the 2007 bond issue, can be found on pages S and 6.
Tlie total cash on hand is $363,292.99; all have been encumbered.
On pages 7 and 8 the Balance Sheet and Statement of Revenues, Expenses and Changes in Net
Assets for the Interest and Sinking Fund (I&S) is included. The first bond payment was made
February 1, 2011 in the amount of $2,277,912.71 which includes some of the capitalized interest
from the 2010 bond issue. The next bond payment was recently made on August 1, 2011 in the
amount of $1,723,761.88; this will be included on the September 30, 2011 financial statements.
The cash balance for the Repair and Replacement Fund is $1,376,908.94. The transfer from the
Operating Fund as mentioned earlier is indicated on page 10. The expenditures for distributiozl
maintenance are for tl~e repairs to the discharge basin and caustic line at the Nixon Water
Treatment Plant.
On page 11 and 12 are the Balance Sheet and Statement of Revenues, Expenses and Changes in
Net Assets for the Future Development Fund. The cash balance is currently $843,500.57.
Noted on page 12 is the transfer from the Operating Fund, as mentioned earlier. The expenditure
for the Western Mitigation Fund for this fiscal year is shown to be $318,516.00 as well as the
$50,000.00 cost for the Preliminary Engineering Report (PER) for the San Antonio Water
System {SAWS} Project. The $50,000.00 in Miscellaneous Revenue accounts for the
reimbursement from SAWS for that PER.
Statement of Revenues, Expenses and Changes in Net Assets for the Impact Fand are included
on pages 13 and 14. Total impact fee for water impact revenue are $545,815.00. According to
accrual accounting policies followed by SSLGC, revenue is not recognized until the work has
been campleted; the deferred amount of $12,203.54 is such revenue. NOTE: Payment is
required from customers before the water connection is made. This amount has been paid for a
connection, but the work was not completed as of .Tune 30, 2011. These are payments made to
the City of Seguin. When the City of Schertz submits payment to this fund, their work has been
completed.
The required amount io maintain in the Reserve Fund according to bond covenants is
$1,275,621.10. The current cash balance exceeds this requirement, standing at $1,277,610.93.
Interest earning and expenditures for the new wells are included on pages 17 and 18 in the 2010
Construction Fund Statement of Revenues, Expenses and Changes in Net Assets.
On page 19 are the Comparative Statement of Revenues, Expenses and Changes in Net Assets
for the Operating Fund. Revenue has increased by $1,241,986.65; of this $269,000.00 is revenue
from the initial payment far the SAWS reservation fee. Consumption has increased from this
time last year in the amount of 214,974,000 gallons by City of Schertz and City of Seguin. This
amplified consumption has resulted in a revenue increase and all the revenue has been put into
this account with the transfers included at the bottom of the report. Expenditures have increased
by $636,171.02. Of this amount $269,000.00 was to pay the two cities the SAWS reservation
fee which was received. Other substantial increases were due to water lease payments and
Professional Services. This was largely due in part to cell refurbishing on the high service pump
and increased legal fees. The Net Income increase from this time Last year is $17,109.19.
Working capital has decreased since March 31, 2011 by $550,262 due in large part to spending
additional bond funds.
Vice-President Dwyer questioned the reasoning behind the action of the distribution of the
$269,000.00. Mr. Cockerell advised that the Board had approved the City of Seguin and City of
Schertz requests to have that money returned to the cities io enable them to better manage their
rates. Mrs. Caddell advised that the City of Seguin will utilize their first distribution payment for
the CVLGC Project; the following distribution payments will be used to help minimize the rates
for the citizens of the City of Seguin.
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Treasurer Koenig made a motion #o approve SSLGC's financial statements for the quarter
ending June 30, 2011. Director Koehler seconded the motion. Upon a vote being called, the
motion carried by unanimous decision.
b. Investment Report for the quarter ending June 30, 2011.
Ms. Caddell presented the Investment Report foz• April 1, 2011 through June 30, 2011. Interest
earnings for the quarter ending June 30, 2011 were $8,416.04. Ms. Caddell stated that intezest
rates for the bank is zero; this allows for SSLGC's reserve requirement to be less thus allowing
SSLGC to take more money out of the bank and place it in higher investment earnings.
Treasurer Koenig inquired if there is any discussion regarding amending what is acceptable
investments. Mrs. Caddell advised she presents the Board each year with the Investment Policy
for approval. She invites any suggestions and is scheduled to present to the Board by October
2011. Treasurer Koenig asked if there was any discussion at a higher level referencing the
Public Funds Investment Act and Mrs. Caddell advised that she has not received any notice of
changes.
Vice-President Dwyer made a motion to accept SSLGC's Investment Report for the
quarter ending June 30, 2011. Secretary Jacobs seconded the motion. Upon a vote being
called, the motion carried by unanimous decision.
c. Reimbursement to the City of Seguin in accordance with the Management
Services Agreement for the quarter ending June 30, 2011,.
Included in the board packet is a list of expenditures from the Operations and Maintenance
budget which is paid by the City of Seguin. Mrs. Caddell advised that the only correction to the
listed budget was that the expenditures for the Guadalupe County Groundwater Conservation
District's (GCGCD) fees were initially noted under the Gonzales County Underground Water
District's {GCUWCD} expenses. Mrs. Caddell provided an updated version of this list of
expenditures with the above mentioned being the only z~nodification.
Vice-President Dwyer made a motion to approve SSLGC to reimburse the City of Seguin in
the amount of $993,G59.00 for the quarter ending June 30, 2011 in accordance with the
Management Services Agreement. Treasurer Koenig seconded the motion. Upon a vote
being called, the motion carried by unanimous decision..
The seventh order of business was Le islative Udate -Jack Fickessen Le islative
Consultant.
Mr. Fickessen advised that the new standards developed by the State of Texas regarding
groundwater district rules are expected to be made public by or before January 1, 2012.
Mr. Fickessen advised with the amount of oil and gas drillinglproduction that there is a demand
for water to use for frocking.
The ei hth order of business was a royal of Mana ement Services A reement MSA
between SSLGC and each of the Cities of Schertz and Se uin.
~- Resolution # SSLGC R11-11 -MSA between SSLGC and City of Schertz
y Resolution # SSLGC R11-12 -MSA between SSLGC and City of Seguin
Mr. Cockerell advised that these are approved on an annual basis. There were not any
recozxzmended changes. Mr. Cockerell advised that each city will put these before each of their
city councils at a later date.
Vice-President Dwyer made a motion to approve the MSA between SSLGC and each of the
City of Schertz and the City of Seguin. Secretary Jacobs seconded the motion. Upon a
vote being called, the motion carried by unanimous decision.
The ninth order of business was a royal of Mana ement Services A reenaent MSA
between SSLGC and Cibolo Valley. Local Government Corporation CVLGC}.
y Resolution # SSLGC R11-13 -MSA between SSLGC and CVLGC
Mr. Cockerell advised that the CVLGC Board approved the MSA at their July 28, 2011 Board
Meeting with the revisions.
Secretary Jacobs made a motion. to approve the MSA between SSLGC and CVLGC with
the corrected spelling of Starcke on Page 3 of 5; Paragraph V; Sentence 1. Director
Koehler seconded the motion. Upon a vote being called, the motion carried by unanimous
decision.
The tenth order of business was SSLGC Construction Udate -John Winkler Walker
Partners & Alan Cockerell, General Manager.
Mr. Cockerell advised that Well # 9 is producizlg. He stated that there was a delay in some of the
control cabinets; the current controls for Well # 9 arc temporary. Once the parts arrive cabinets
will be installed for all the wells and Well # 9 will be temporarily removed from service to
retrofit it for the control cabinets.
Mr. Cockerell advised that Weil # 7 is currently out of service for mechanical issues and this
well will be the first well that will receive maintezlance, as part of this contract, once the four
new wells are all functioning.
Harris Road Company will continue to work toward completion of their portion of the project.
G
The holding tank slab at the Booster Pump Station is expected be poured the week of August 22,
2011.
The eleventh order of business was SAWS Ex ansion Pro'ect -John Winkler Walker
Partners.
Mr. Cockerell advised that SSLGC does have the notice to proceed from SAWS. Mr. Winkler
advised that meetings with the operators will be scheduled soon to discuss the logistics of the
chemical feeds, etc. Mr. Cockerell stated that the Texas Water Conservation Association has
requested far he and Gary Guy to make presentation at their conference in October 2011.
The twelfth order of business was Oil & Gas Leasin Pro ram -Sill Knobles S ecial
Counsel & Alan Cockerell, General Manager.
Mr. Cockerell stated that there have been some inquiries and they are working through Mr.
Knobles. Ile advised that there has been some interest in SSLGC providing water for the
frocking process. Mr. Cockerell will keep the Board advised.
The thirteenth order of business was Elk En ineerin Technical Memorandum - Re ort on
CTPS Results --John Winkler Walker Partners & Alan Cockerell General Mana er.
Mr. Cockerell reminded the Board that Elk Engineering was hired to perform a Close Interval
Potential Survey (GIPS). This was recommended by Hansen, the manufacturer of the
transmission pipeline, to detect any issues with that pipeline. The concern was that SSLGC's
main transmission pipeline parallels a gas pipeline which has an induction system to protect the
gas pipeline. Mr. Winkler stated that the result frozxz the GIPS indicates SSLGC's main
transmission pipeline (over 90%) is picking up a current which exhibits a potential for corrosion.
TI~e recommendation is io add more testing stations at closer intervals {1300 _ 1500 feet
intervals} to provide a clearer understanding of the issues with the pipeline and aid in
determining the method of action necessary. Once those are installed there would be a
recommendation for the best design of a cathodic protection system. The final step would be to
install the cathodic protection system. This would induce a current on SSLGC's pipeline to
protect it. Mr. Winkler advised that the reason for the test stations would be to provide data to
specify how much current would be necessary io protect the pipeline; too much current could
actually do more damage.
Mr. Winkler advised the request to the Board is that approval is given to proceed with the
process to obtain bids with the anticipation to present the Board with a viable choice to consider
by the October 20, 2011 Board Meeting.
Secretary Jacobs made a motion to approve Mr. Winkler's request to proceed with
obtaining bids. Vice-President Dwyer seconded the motion. Upon a vote being called, the
motion carried by unanimous decision.
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