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07-16-20153 MINUTES 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 July, 2015 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 Kerry Koehler 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 (City of Seguin) Dudley Wait Deputy City Manager (City of Schertz) Susan Caddell Director of Finance (City of Seguin) Sam Willoughby Public Works Director (City of Schertz) Patrick Lindner General Counsel (Davidson, Troilo, Ream & Garza) Steven Siebert San Antonio Water System (SAWS) Lisa Guardiola San Antonio Water System (SAWS) John Winkler Consultant (walker Partners) Crockett Camp Consultant Bill Klemt Consultant /Hydrologist Billy Phenix Legislative Consultant Alan Cockerell General Manager (SSLGC) Emery Gallagher Water Utility Manager (City of Seguin) Regina Franke Administrative Assistant (SSLGC) Resa Cunningham Intern (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. Vice - President Dwyer called attention to an article, regarding comments made by Mayor Keil, in which he recognized SSLGC. Vice - President Dwyer thanked Mayor Keil for his kind comments. There were no public comments. The third order pf M@ingss was of the Minutes for the Board Meeting held June 18, 2015. Vice - President Dwyer made a motion to approve the June 18, 2015 minutes as corrected. Treasurer Koehler 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 Cock —cm 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 June was 58.6% of Gonzales County Underground Water Conservation District's (GCUWCD) monthly allowable. ➢ GCUWCD lyl owbl v �yfeetr�x The monthly meeting was held July 14, 2015; Mr. Cockerell attended. A copy of the meeting agenda was included in the board packet. He advised that the District (again) delayed SSLGC and SAWS permit renewals until September 2015. Mr. Cockerell also noted that there was a separate agenda item ( #12) regarding a settlement agreement between SSLGC and GCUWCD. He stated that further discussion for this item would be under agenda item #12. S,peeial147eetrn The District scheduled another meeting for discussion and action on the proposed rule changes. Mr. Cockerell plans to attend this July 23, 2015 meeting. The District provided written responses submitted in regards to the proposed rule changes. Included in the board packet was a summary of those responses to the comments which were submitted by SSLGC and TWA. ➢ GCGCD uhlic f-Ieururg &AtontO . eelin The meeting and public hearing was held July 9, 2015; Mr. Cockerell attended both. The agendas were included in the board packet. The public hearing was for the two Wilcox well permits; one adjacent land owner was in attendance. The board was briefed on the project and a copy of the project summary was included in the board packet. The District plans to take action on the permits at their next meeting after the 30 day comment period. Normal business was conducted at the monthly meeting. Crystal Clear announced that they had completed the transition to a Special Utility District (SUD) and would request that their permits be modified to reflect the status change. The next meeting is scheduled for August 13, 2015. ➢ Region L /GMA- 13 /RWA Re ion LI GiIL4 -13: The 2016 Initially Prepared Plan (IPP) is available on the Region L website: regionitexas.org. Public comments can be submitted until 5:00 PM August 14, 2015. 2of7 S;�)1 .(1c )'W"J,iTES 07 -16 21015 (% Pay;rr.) ll - -[:_/ liinc 1'ri�a�1: tij i �:r'Y�lti 2 -15 PM n/ The Guadalupe County Commissioners signed resolution # 07142015 -61) on July 14, 2015 "...SUPPORTING THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION'S WATER DEVELOPMENT PROJECT IN WILSON COUNTY AND ITS INCLUSION IN THE TEXAS WATER DEVELOPMENT BOARD'S SOUTH CENTRAL TEXAS (REGION L) REGIONAL WATER PLANNING AREA'S REGIONAL WATER PLAN ". The next Region L meeting is scheduled for September 3, 2015. ➢ CVLGC The CVLGC Board meeting was held June 25, 2015 at 9:00 AM in Cibolo and a copy of the agenda was included in the board packet. Also, included was a copy of the Executive Director's annual report. The next board meeting was scheduled for July 30, 2015 at 9:00 AM in Schertz. The fifth order of business was Water Level Measurements — Bill Klernt, Consultant /Hydrologist Mr. Klemt summarized his report as follows: Carrizo water level declines of 40 and 50 feet for the period August /September 2002 —June 2015, have been mapped in the SAWS, SSLGC, Nixon and Smiley well field areas of Gonzales County. This large area of water - level decline is encompassed by the 40 foot drawdown contour. Within the immediate SSLGC Well Field of Gonzales County, for the period August /September 2002 to June 2015, the average decline is approximately 49 feet (3.8 feet /year). The average annual Carrizo water -level decline in the outcrop is approximately -0.7 feet /year. The sixth order of business was Approval of Management Services Agreement /City of Seguin —Alan Cockerell General Manager ➢ Resolution # SSLGC R15 -09 Mr. Cockerell advised that after Staff reviewed the current MSA, it appeared that there were two paragraphs that appeared to be redundant on page 4. Mr. Cockerell asked that Counselor Lindner review the paragraphs in question and advise of his legal opinion. Assistant Secretary Pees made a motion to approve the, Management Services Agreement (MSA) between the City of Seguin and SSLGC (Resolution # SSLGC R15 -09) subject to Counselor Lindner's review. Secretary Jacobs seconded the motion. Upon a vote being called, the motion carried by unanimous decision. On Thursday, July 16, 2015 at 2:01 PM an email was received from Counselor Lindner which allowed for the removal of the redundant paragraph. The seventh order of business was Approval of Management Services Agreement /City of Schertz — Alan Cockerell, General Manage r ➢ Resolution # SSLGC RIS-10 The same paragraph existed in the MSA between the City of Schertz and SSLGC. Secretary Jacobs made a motion to approve the Management Services Agreement (MSA) between the City of Schertz and SSLGC (Resolution # SSLGC R15 -10) subject to Counselor Lindner's review. Vice - President Dwyer seconded the motion. Upon a vote being called, the motion carried by unanimous decision. 3of7 AJIMYTES 07 16 201`; (/ i'a<;e ; i ^,n f'! If!' • i'rin IC; : PI/ 1873Ut5 -I 5 P"d nl - On Thursday, July 16, 2015 at 2:01 I'M an email was received from Counselor Lindner which allowed for the removal of the redundant paragraph. The eighth order of business was Aunrove Task Order # 19 — SSLGC Parks & Recreation Master Plan -- John Winkler, alk r Partners & Alan Cockerell net 1 M na er ➢ Task Order # 19 Mr. Winkler advised that per the request made at the previous board meeting Qune 18, 2015), he has provided a task order to move forward with devising a Master Plan for some of the SSLGC owned property in Gonzales County to be developed as a Park & Recreational area. This task order included both David Baldwin's (Landscape Architect) and Walker Partners' fees for the Master Plan. Vice - President Dwyer made a motion to approve the Task Order # 19 in the amount of $58,750 Secretary Jacobs seconded the motion. Upon a vote being called, the motion carried by unanimous decision. Mr. Cockerell added that Staff requested that Task Order # 19 be funded from the Future Development Fund. The ninth r r of business was Approve P r h o Qf a Vacuum Truck — Alan Cockerell. General Manager ➢ Resolution # SSLGC R15 -11 Mr. Cockerell advised that the purchase of the vacuum truck would be through Houston - Galveston Area Council (H -GAC) which was in compliance with the City of Seguin Purchasing Policy. He noted that SSLGC was paying Eckols Environmental $1,000 per week to pump sludge at the NW'I'P. The vacuum truck would be funded through the budget item under Capital Outlay in the amount, not to exceed $130,000. Assistant Secretary Pees made a motion to approve the purchase of the vacuum truck from H -GAC (Resolution # SSLGC R15 -11) in the amount not to exceed $130,000. Treasurer Koehler seconded the motion. Upon a vote being called, the motion carried by unanimous decision. The tenth order of business was SSLGC Construction Update (Wauters) — John Winkler, Walker Partnen & Alan Cockerell General Manage Mr. Cockerell advised that once the contractor mobilized, SSLGC took the tank out of service. When the contractor dug down, they realized they had ordered the wrong flange. The new one was ordered and received; once the connection was completed the SSLGC Operators would inspect, clean and disinfect the tank then would gather the bac -T sample. When this process was finished, the operators would put this tank back into service (they anticipated either July 20' or 21'D. Mr. Cockerell noted that once the large tank was back in service, then the operators would begin work on the small tank at the BPS. Mr. Cockerell called attention to the letter from Preload, Inc. and his subsequent response which were both included in the board packet. Regarding the Chlorine Dioxide project: Pending TCEQ approval Staff is in discussions with the City of Cibolo concerning a drainage project which would require the relocation of a portion of the SSLGC 36 inch pipeline. Mr. Cockerell will update the Board as discussions continue. The eleventh order of business was Lggislative Update -- Billy Phenix, Legiglliye Consultant & Alan Cockerell, General Manager 4of7 ,51 (C `HNU FED 0 '% -16 -201 i (/ Pages) L)-,LW/ III, I PI.11IR -d: i4/ 1' /3015 3:•15 PM a/ Counselor Lindner requested this agenda item be deferred to executive session for legal advice. President Greenwald deferred item eleven to Executive Session The twelfth order of business was Compromise /Settlement agreement with Gonzales County Underground Water Conservation District. (-GCUWCD) — Patrick Lindner, General Counsel & Alan CockereH, General Manager Executive Session Recommended President Greenwald deferred item twelve to Executive Session The thirteenth order of business was SAWS Excess !Water — John Winkler, Walker Partners &.Alan Cockerell, General Manager Executive Session Recommended President Greenwald deferred item thirteen to Executive Session The fourteenth order of business was Water Rates /Annual Budget FY2015 -2016 — Alan Cockerell, G_ eneral Manager Executive Session Recommended President Greenwald deferred item fourteen to Executive Session The fifteenth order of business .Approve contractors for Cathodic Protection — John 'Winkler, Walker Partners & Alan Cockerell, General Manager Executive Session Recommended President Greenwald deferred item fifteen to Executive Session The sixteenth order of business was Authorize General Manager to sell the Gamecock Property — Alan Cockerel], General Manager Executive Session Recommended President Greenwald deferred item sixteen to Executive Session The seventeenth order of business was Lost Oak Clean Green, Inc. (Landfill) — Patrick Lindner, General Counsel & John Winkler, Walker Partners & Alan Cockerell, General Manger Executive Session Recommended President Greenwald deferred item seventeen to Executive Session The eighteenth order of business was (Guadalupe Project Wholesale Water Contract & Well Pernxit s Patrick Lindner, General Counsel & Alan Cockerell, General Manager Executive Session Recommended President Greenwald deferred item eighteen to Executive Session The nineteenth order of business was Gonzales Cotuity & Guadalupe Counter Carrizo and Wilcox Water Leases and Property Purchases — Alan Cockerell, General Manager Executive Session Recommended President Greenwald deferred item nineteen to Executive Session The twentieth order of business was Executive Session called under Chapter 551 Government Code Section 551.071, to seek the advice of its attorney gal matters, and Section 551.072 for deliberations regarding real estate President Greenwald closed General Session at 2:15 PM Executive Session was held from 2:25 PM to 3:51 PM 5 of 7 SSI� C. IIN(I-IES C7 -1.G -2075 (% PIc),e ��x+ I Jt a,� a b��.�4;a Tei.k 8 /1S /"o15 -15 1, n/ The twenty -first order of business was Consider and Take Action as Result of Agenda Item Number twenty. President Greenwald reopened General Session at 3.53 PM Agenda Item #11 No action requested /No action taken Agenda Item #12 Assistant Secretary Pees made a motion to (in the words of Counselor Lindner) authorize the General Manager to submit a letter to the District (GCUWCD) indicating that SSLGC understands the requirement of rule 20.A and SSLGC has developed procedures to ensure that the annual water quality sampling and analysis reporting requirement will be followed. SSLGC will pay $500 to the District (GCUWCD) in full settlement for the alleged violation of rule 20.A. Treasurer Koehler seconded the motion. Upon a vote being called, the motion carried by unanimous decision. Agenda Item #13 & Agenda Item #14 Counselor Lindner requested that these two items be tabled until the SSLGC Special Board meeting scheduled for Thursday, July 23, 2015 at 2:30PM. Secretary Jacobs made a motion to table agenda items thirteen and fourteen until the SSLGC Special Board meeting, currently scheduled for Thursday, July 23, 2015 at 2:30PM at the SSLGC Administrative Building, 108 W. Mountain, Seguin 78155. Assistant Secretary Pees seconded the motion. Upon a vote being called, the motion carried by unanimous decision. Agenda Item # 15 ➢ Resolution # SSLGC R15 -12 Vice - President Dwyer made a motion to approve the contractor, Corrpro, to install the Cathodic Protection System in the amount of $652,339.34 and to authorize the General Manager to sign said contract (Resolution # SSLGC R15 -12). Treasurer Koehler seconded the motion. Upon a vote being called, the motion carried by unanimous decision. This contract would be funded through SSLGC Re air /Keplacement Fund per transfer from FY2014 -201 S budget item SSLGC Capital Outlay. ➢ Resolution # SSLGC R15 -13 Secretary Jacobs made a motion to approve the contractor, Field Construction, for the Joint Excavation in the amount of $2,703,236.80 and to authorize the General Manager to sign said contract (Resolution # SSLGC R15 -13 revised the original to reflect the ,2,703,236.80 amount). Vice - President Dwyer seconded the motion. Upon a vote being called, the motion carried by unanimous decision. This contract would be funded through SSLGC Repair /Replacement Fund per transfer from FY2014 -2015 budget item SSLGC Capital Outlay. 6of7 S; _,G,(- NUN1?.CES 07 -116 -2015 (7 Pages) ),L w/ I inw PrmLcd: S/ i 8/201 S 2:15 PM its Agenda Item #16 ➢ Resolution # SSLGC R15 -14 Vice - President Dwyer made a motion to authorize the General Manager to seek buyers for the Gamecock property (Resolution # SSLGC R15 -14 revised the original to reflect `authorise General Manager to reek buyers...'). Secretary Jacobs seconded the motion. Upon a vote being called, the motion carried by unanimous decision. Agenda Item #17 No action requested /No action taken Agenda Item #18 No action requested /No action taken Agenda Item #19 No action requested /No action taken The twenty second order of business was Consideration andZor Action on questions and possible items to be placed on the next agenda. ❖ The next scheduled (Special Meeting) was scheduled for Thursday, July 23, 2015 in the SSLGC Administrative Building at 2:30 PM ❖ SAWS Excess Water ❖ SSLGC Water Rates & Annual Budget (FY2015 -2016) ❖ The next (regularly scheduled) board meeting was scheduled for Thursday, August 20, 2015 in the SSLGC Administrative Building at 1:30 PM The twenty- third order of business was Adjournment. President Greenwald declared the meeting adjourned at 4:02 PM MINUTES APPROVED THIS 20th DAY OF AUGUST, 2015. T. "Jake" J obi OR 7of7 Bob Pees, Assistant Secretary 07 16 '`V1;irk i SIG' EJ)ORI aeNAL(S)' I