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SSLGC 04-15-1999 MIN~ THE ORG SCH~ SEGUI T-033 P.02/05 F-359 M~y.~ 3-99 09 :46 From- , , THE: STATE OF TEXAS ~ COUNTY OF GUADALUPE ~ SCHjERTZ/SEGUIN LOCAL ~ GOYERNMENT CORPORATION ~ : On this, the 15th day of April, 1999, the Board of Directors (the Board) of the Schertz/Seguin Local Government Colporation (the Corporation) convened at 1 :30 o'clock p.m. in the City COWlell Cha~bers located at Seguin City Hall, 210 East Gonzales, Seguin, Texas, with the following members being present and in attendance: Robin D}\m Ramon J. ~ Jim Wolverton Sidney B~ Gloria Riv,m President Vice President Secretary Director Director constituting a majority of the persons appointed to the Board and a qUOJ'UIn for the transaction of business, and notice of such meeting having been duly given in accorwm.ce with the provisions of Texas Law. Also, in auendanc:e were Ken Greenwald, Keny Sweatt, and Jack Hamlett. Eric V ordenbaum. was absent. The meeting was called tl) order by President Robin Dwyer. The: second order of business was to consider and take action regarding Minutes of March 4, 1999 and March 18, 1999 meeting. A motion was made by Director Gloria Rivera and seconded by Vice-Pr(~sident Ramon J. Cook to approve the Minutes of the March 4, 1999 meeting. Upon a vote being called, such minutes were approved. Vice-President Ramon J.. Cook suggested Page 3, paragraph 4 "acre foot of water" be corrected to "acre feet of water." A motion was made by Secretary Jim Wolverton and seconded by Director Sidney Bauer to approve the Minutes of the March 18, 1999 meeting with the noted correction. Upon a vote being called, such minutes were approved. The third order of business presented to the Board was a report by Doug Faseler on potential customers and projected quantities. Mr. Faseler provided a han,dout whil\.~h reflected a total of nine entitles that ~re contacted to see if they would be interested as potential OJstomers with our project and ~o provide what they might see as a need for additional water. I I : Vice-President Ramon J. Cook asked if the figures reflected the gross that the communities wo~ld need or is this the addition beyond the current supply. . Mr. Faseler stated the cities of Marion, Live Oak, Garden Ridge, and Converse advised the I proj~tion is what they see as thl~ total ultimate water needs for their citil:~S in addition to what they have now. I 1 M~y-~13-99 09:47 From- T-033 P.03/0S F-3S9 I President Dwyer asked what time frame was used for the projc:ction. Is this a ten year projection? i Mr. FaseJer stated Garden Ridge projected theirs out as x number of homes per year for the next twenty five years. The other entities did no indicate the number ofye:ars projected. The cities look~d at undeveloped land area and what the land use assumptions are in cmnmercial and residential. We h1ay receive additional information from the entities which have yet to respond and any inforlnation received will be brought to the Boards attention. The City of Seguin's 3,000 acre feet figure represents what the City has through GBRA at Canyon. Mr. Hamlett stated Canyon has been a back up in drought conditions. Council has expressed intertst in exploring an alternate source. The City pays whether we use thf~ water or not. It's a take or p~y contract. Mr. Sweatt advised the figure from Schertz is the additional over ,and above our pennit. i The fourth order of business presented to the Board was a presentation by Carlos Brawner on a potential financing source for the water project. Mr. Brawner of 112 E. College St. in Seguin, Texas praised the Board for its foresight to proceed with obtaining an alternate water source for SegUin and Guadalupe County. Mr. Bra\Wer presented the Board with a summary of a potential fmancial source for the water project. Secretary Jim Wolverton sugg,ested the infonnation be provided to the Boards legal advisor tor review and have the legal advisor make a reconnnendation I to the Board. ; The fifth order of business was a report by consultant on status of study and engineering design. However, Crockett Camp advised his report would be discussed during the Executive Session. I Mr. Swean reported the Guadalupe County Underground Water Conservation District Bill has J?een submitted by Representative Kempel and will be beard by TNROC next Wednesday (April 21, i 999) after adjournment of the session, Room 1.010 in the new extension of the capital. Mr. Crockett Camp has advised he is available to attend just to see if there are any questions and to repr~sent our interest at that time. : Director Gloria Rivera provided an update to the SCTRWPG meeting. The report with the new~options to be evaluated was submitted. On Apri127, 1999 there will be a workshop from nine to titre where these options will be looked at in detail. The purpose is to deti~nnine which options will be ffi.rther studied by the consultant. I I Director Gloria Rivera requested everyone to refer to page 42 oftlle handouts. The project has been identified and included in these options. There is tremendous cll)mpetition. If anyone has any temarks which might have a n.egative impact please let me know so that .[ may talk about the issue at tHe April 27th meeting. I ! There was a discussion of the major water providers. TWDB was required to issue a I definition of what a major water provider is. The definition is "an entity which delivers and sells a s~ficant amount of raw or treated water for municipal and/or manufactw:ing use on a wholesale or retail basis. The entity can bel public or private, nonprofit, or for pill'Ofit. Examples include: I , I I , 2 M~y-"13-99 09 :47 From- T-033 P.04/0S F-3S9 municipalities with wholesale customers, river authorities, or 'Water distdcts. There is a list of the major water providers. Some cities were eliminated because they did not meet the criteria. : The SCTRWPG also defined what the significant amount of raw water is and the figure agreed upon was 500 acre feet per year. Based upon that criteria the City ofVictona was eliminated as well Bexar, Medina, and AtascOsa counties. The list is available if anyone is interested in looking at it~ A point was brought up that Schertz/Seguin should be included hi this list. There was an ameridment to the approved list to state the list is going to be dynamic. The criteria accepted was the major provider be an entity which is currently and actually delivering and selling water. At this point we ~ not be included in the list but there is room for US to be included as we begin delivery and selfuig of the water. I : Director Gloria Rivera questioned since the City of Seguin is selling to Springs Hill are they a pr~vider? :Mr. Hamllet stated the City of Seguin currently sells to Springs Hill in an emergency, nothing on a regular basis. , Director Gloria Rivera reported when someone is looking for water they can refer to the list and look by division and/or provider. Ifwe are not on the list, we would :[1ot be widely known as a provider. The last item to report is there was a letter that needed to be arlswered about support for the Junior Rights not to become transferred. The support did not pass. Director Sidney Bauer questioned what authority the SCTRWPG has over what this Board is plimning. , Director Gloria Rivera said for the short run the group does not impact us. Today the group has no authority. Everyone is encouraged to panicipate in a process that i~;: starting from the ground up. yie want to have open the option for expansion. If our expansion is not included in this regional plan: then there is nothing to prevent someone from infringing in our projl::ct. , Mr. Crockett Camp stated funding is one issue, the other issue which does not affect this proj~ now but there is a part in there that after 2001 it effects water rights pennitting. We do not req~ a permit to go get private property but there are some water providers which are attempting to work outside of these regional planning groups. It's our recommendation that you not take that course but that you work within it and contribute to it so that all those options are open to the future. This keeps our possibilities open. Right now we talk about the State's panicipation with TWDB havIng an interest in participating as a partner if they got the funding in this legislature. Right now there is no prohibition but once the door closes after the first plan is approved and that time runs, those kinds of assistance from TWDB would not be available and we could lose a very valuable partner in developing water supplies for the future. These are important but do not have an imniediate impact. President Dwyer called for an adjournment of the regular session at 2:30 p.rn. with Board members going into an executive session. The executive session adjoum(:,d and the regular meeting was resumed at 4:06 p.m. I I President Dwyer advised there would be no action taken on the de:iiberation of real property. Ho~ever I would. entertain a motion that we direct consultants' Camp & Pape to identifY properties to t~e Board and present. Specific property with area, price and terms S~) Board could take formal , , 3 M~y-J3-99 09:48 From- T-033 P.OS/OS F-3S9 action. The motion was made by Director Sidney Bauer and seconded by Secretary Jim Wolvenon. Upon. a vote being called, the motion was approved. I , i President Dwyer appointed an Executive Committee to assist in negotiations. The Committee will donsist ofKeny Sweatt~ Jack Hamlett and Robin Dwyer. However, irlt the absence of President Dwy~ any member of the Board is designated. No further discussion. No objection. I I Director Gloria Rivera made a motion for Secretary Jim Wolverton to authorize the Executive Comnuttee to authorize the consultants to make a decision concerning ttle price and terms. Vice- Pre~ent Ramon Cook seconded the motion. Upon a vote being called, the motion was approved. I : President Dwyer asked if there was any other business for the Board to consider and, none heinS offered, it was moved and seconded that the meeting be adjourned. 'Upon a vote being taken., the motion carried by a unanimous vote of all Directors present and the meeting was adjourned at 4:13:p.m. MINUTES APPROVED, this the 20th day ofMay~ 1999. Signatures of all Directors Robin Dwyer, President Ramon 1. Cook. Vice President Jim Wolverton, Secretary Sidney Bauer, Director Gloria Rivera, Director 4