SSLGC 11-20-2008MINUTES OF THE
SCHERTZ-SEGUIN LOCAL GOVERNMENT CORPORATION
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
SCHERTZ-SEGUIN LOCAL §
GOVERNMENT CORPORATION §
On this the 20th day of November 2008, the Schertz-Seguin Local Government
Corporation (SSLGC) convened at 1:37 p.m. in the City of Schertz Council Chambers
located at 1400 Schertz Parkway, Building #4, Schertz, Texas. The following directors
being present and in attendance:
Sydney Bauer
Ken Greenwald
Robin Dwyer
Jim Wolverton
Hal Baldwin
Betty Ann Matthies
President
Vice-President
Secretary
Treasurer
Ex-Officio
Ex-Officio
and the following director being absent:
Patricia Ramirez Director
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 General Manager
Doug Faseler Seguin City Manager
Don Taylor Schertz City Manager
Susan Caddell Seguin Director of Finance
Johnny Bierschwale .Schertz Assistant City Manager
Larry Dublin Schertz City Engineer
John Schraub Seguin Water Utility Manager
John Bailey Water Superintendent
Georgia Hanks Administrative Assistant
Crockett Camp Consultant/Project Manager
Bill Klemt Hydrologist Consultant
John Winkler Consultant ~Arr)
Patrick Lindner COU11sel (Davidson & Troilo)
Paul Gonzales Counsel (Davidson & Troilo)
Steven White Impact Fee Committee Member
Sam Willoughby Schertz Public Works Director
i
The first order of business was the calling of the meeting to order.
President Sydney Bauer opened the meeting for a Public Hearing at 1:37 p.m.
The second order of business was a Public Hearing on proposed impact fee
modifications.
President Bauer opened the Public Hearing to hear citizens present evidence for or
against the proposed impact fee modifications and/or the land use assumptions and
capital improvements plan. No one addressed the Board during the Public Hearing.
President Bauer closed the Public Hearing and opened General Session at 1: 38 p. m.
The third order of business was public comment.
Counsel Patrick Lindner introduced a new member to the firm of Davidson & Troilo,
Paul Gonzales, to the board of directors and staff.
The fourth order of business was approval of the minutes for the board meeting
held on October 16, 2008.
Board members held a brief discussion in reference to Hydrologist Consultant Bill
Klemt's report on page five of the minutes.
Treasurer Jim Wolverton made a motion to approve the minutes as written.
Secretary Robin Dwyer seconded the motion. Upon a vote being called, the motion
carried by unanimous decision.
The fifth order of business was presentation of the General Manager's report -
Alan Cockerell, General Manager.
General Manager Cockerell's written report was included in the board agenda packets.
Water Production. Mr. Cockerell summarized the water production details included in
his report. Due to extreme dry weather, water usage was the highest for the month of
October in past history for the Corporation. The cities of Schertz and Seguin continue to
experience comparatively even water sales.
Region L Meeting. At the November 6, 2008 meeting, Mr. Bill West gave a presentation
on the GBRA Mid-Basin project in Gonzales County. The project is in the early planning
stage and will be included for evaluation in the 2011 Regional plan.
Guadalupe County Groundwater Conservation District (GCGCD). At the November 13,
2008 meeting, proposed rule changes were approved. A copy of the approved rules can
be made available by the Corporation and are on GCGCD's website, GCGCD.org. Mr.
Ron Naumann made a request for Mr. Cockerell to provide a written plan of the
Corporation's Guadalupe project to the District, and give verbal updates at future
meetings. Although SSLGC's plan is included in the state water plan, Mr. Cockerell
plans to give his first verbal report at GCGCD's January meeting and will provide a
written plan when the time is appropriate. Canyon Regional Water Authority is included
on GCGCD's agenda every month and gives verbal reports of the status of its projects.
a
Operations Report.
• SSLGC's newest operator, Richard Castillo, passed the "Class D" water operators
license test on his first attempt.
• Twenty-nine 7,000 gallon tanker loads of sludge were removed from discharge
ponds for the first time this year. This expense will continue to be included in the
Corporation's operations budget in the future. The sludge was applied to the
surface of SSLGC's licensed sludge disposal area. Soil samples of the area are
required annually by TCEQ.
The sixth order of business was a water lease between Guadalupe County and
SSLGC -Alan Cockerell, General Manager and Patrick Lindner, Davidson &
Troilo.
Counsel Patrick Lindner reported to board members and staff that the Guadalupe County
Commissioners Court had voted to enter into a water lease contract with SSLGC.
SSLGC's standard contract form would be used with the exception that SSLGC would
not be required to pay the usual signing bonus or pre-production royalty payments. He
added that Guadalupe County had already paid impact fees to the Corporation for its
construction of a new elections office in Seguin. Counsel Lindner requested a motion to
approve the water lease, allowing for water impact fees which would normally be paid by
Guadalupe County to the Corporation for new construction to be offset equal to the
signing bonus and royalty payments the Corporation would normally pay to Guadalupe
County for the water lease. Counsel Lindner stated that a proposal had been made to also
consider waiving future impact fees to counties and cities as they are for school districts.
Mr. Lindner recommended, pending fixrther discussion with the Schertz city council
about statutory obligations of cities and counties to pay impact fees at all, to address each
request on a case by case basis and not address a blanket exemption at the meeting in
progress.
President Bauer made a motion to approve the water lease contract with Guadalupe
County and to off-set the signing bonus and pre-production royalty payments from
the Corporation to Guadalupe County equal to impact fees paid from Guadalupe
County to the Corporation in this case. Vice-President Greenwald seconded the
motion. Upon a vote being called, the motion carried by majority decision.
Treasurer Wolverton abstained.
The seventh order of business was an amendment to SSLGC's impact fee,
Resolution #SSLGC R08-13- Alan Cockerell, General Manager.
General Manager Cockerell gave a brief review of the impact fee amendment, Resolution
# SSLGC R08-13, and requested a motion to approve it.
Treasurer Wolverton made a motion to approve an amendment to SSLGC's water
impact fee to change the base meter size used to calculate water impact fees from 3/4
inch to 5/8 inch, Resolution # SSLGC R08-13. Secretary Dwyer seconded the
motion. Upon a vote being called, the motion carried by unanimous decision.
The eighth order of business was presentation of the Treasurer's Report -Susan
Caddell, Director of Finance and Alan Cockerell, General Manager.
A copy of the Treasurer's Report was included in the board agenda packets. The report
was prepared by Director of Finance Susan Caddell and reviewed by General Manager
Alan Cockerell. Mr. Cockerell recommended approval of the following report:
a. Financial Statements for the year ended September 30, 2008.
• Revenues, Expenses and Changes in Net Assets -Combined Statements
^ $235,155 (net income)
Revenues, Expenses and Changes in Net Assets -Operating Fund
^ $174,003 (net income)
Universal City has not purchased water this year. During the months of
March and June, Springs Hill exceeded its minimum purchase amount of
15,500,000 gallons.
• Revenues, Expenses and Changes in Net Assets -Construction Fund
^ -$1,318,988
• Revenues, Expenses and Changes in Net Assets -Interest & Sinking Fund
^ $801,375 (net income)
Includes I & S rates paid by participating entities and bond payments.
• Revenues, Expenses and Changes in Net Assets -Repair & Replacement
Fund
^ $241,313 (net income)
• Revenues, Expenses and Change in Net Assets -Future Development Fund
^ -$37,220
• Revenues, Expenses and Change in Net Assets -Impact Fund
^ $374,673 (net income)
• Revenues, Expenses and Change in Net Assets - Operating Fund
(comparative statement)
^ $138,049 (net increase from FY2007-2008)
• Working Capital Trend Chart
^ -$801,459 (decrease in working capital since last
quarter)
b. Investment Report for the quarter ended September 30, 2008.
Ms. Caddell presented the Investment Report for July 1, 2008, through September 30,
2008. Interest earnings for quarter ending September 30, 2008, are $47,666 compared to
$49,555 last quarter. SSLGC's portfolio has fallen as interest rates continue to fall.
Secretary Robin Dwyer made a motion to approve the Investment Report for the
quarter ending September 30, 2008. Vice-President Greenwald 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 September 30, 2008.
Ms. Caddell presented the expenditure information for the quarter July 1, 2008, through
September 30, 2008. The total amount of reimbursement from SSLGC requested by the
City of Seguin for the fourth quarter of 2008 is $937,503.
Secretary Robin Dwyer made a motion to authorize SSLGC to reimburse the City
of Seguin in the amount of $937,503 in accordance with the Management Services
Agreement. Secretary Wolverton seconded the motion. Upon a vote being called,
the motion carried by unanimous decision.
The ninth order of business was Gonzales County Water Treatment Plant (WTP)
filter rehabilitation, phase II -Alan Cockerell, General Manager and John Winkler,
LAN.
General Manager Cockerell referred to a time-line which was included in the board
agenda packets and provided a summary of the status of the filter rehabilitation project.
Two filters have been shut down and cleaned out. Sandblasting should be completed and
a primer coat applied on one filter the week of November 23, 2008. The project is
slightly ahead of schedule. However, the project contractor advised Mr. Cockerell that
materials ordered from Tonka may be delayed and he was working to get the issue
solved. Consultant John Winkler stated that the filter rehabilitation project along with the
previous lime slurry project should expand the life of the filters significantly, and
rehabilitation of the filters should not have to occur again for approximately 10 years.
The tenth order of business was Guadalupe County expansion protect -Alan
Cockerell, General Manager.
President Bauer deferred Agenda Item #10 to Executive Session.
The eleventh order of business was Gonzales County expansion project -Alan
Cockerell, General Manager.
President Bauer deferred Agenda Item #11 to Executive Session.
President Bauer closed General Session at 2:19 p. m.
The twelfth order of business was Executive Session called under Chapter 551
Government Code, Subsection 551.071, to seek the advice of its attorney 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 2:21 p. m. to 3: 04 p. m.
The thirteenth order of business was to consider and take action as a result of
Agenda Item #12.
President Bauer opened General Session at 3:04 p. m.
No action was taken as a result of agenda item #12.
The fourteenth order of business was additional Board of Directors discussion
and/or comments.
No additional discussion was held.
The fifteenth order of business was adiournment.
President Bauer declared the meeting adjourned at 3:05 p.m.
The next regular meeting was scheduled December 18, 2008, in Seguin.
MINUTES APPROVED THIS _ ~~ DAY OF 1/~Ce~~1~ ,
2008.
Robin Dwyer
Secretary