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07-19-2001MINUTES OF THE SCHERTZISEGUIN LOCAL GOVERNMENT CORPORATION THE STATE OF TEXAS COUNTY OF GUADALUPE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION On this, 19th day of July, 2001 the Board of Directors (the Board) of the Schertz /Seguin Local Government Corporation (the Corporation) convened at 1:43pm. in the Training Room of the Schertz Police Department Facility located at 1404 -A Schertz Parkway, Schertz, Texas, with the following members being present and in attendance: Robin Dwyer President Ramon Cook Vice - President Jim Wolverton Secretary Sydney Bauer Director Gloria Rivera Director and constituting a majority of the persons appointed to the Board and a quorum for the transaction" of business, and notice of such meeting having duly given in accordance with the provisions of Texas Law. Also, in attendance were Ken Greenwald, Betty Ann Matthies, Dewey P. Cashwell Jr., and Jack Hamlett. The meeting was called to order by President Robin Dwyer. The second order of business was to consider and take action regarding the Minutes of June 21, 2001. A motion was made by Director Bauer and seconded by Director Rivera to approve the minutes of June 21, 2001 as written. Upon a vote being called, the motion carried by unanimous vote of all Directors present. The third order of business was an update on Easement Acquisition and discussion and action regarding same. A chart was distributed with-Mr. Hamlett stating that the blue colors are the ones that have already been purchased. They want to get up to speed up on FM78 so that they will be enough ahead of the contractors. Director Dwyer asked if we own a piece of property on where the tank is going to be and if they have all of the Right -of -way for the tank. Mr. Hamlett stated that they do own the property and they do have the Right-of-way. Mr. Hamlett explained that they held off on tract 25 until all the neighbors got signed up. President Dwyer asked what Matson's argument was. Clay Roming stated that the main reason was because it was interfering with hunting season. Mr. Hamlett stated that we have possession on that, but Mr. Matson is probably going to appeal on the jurisdiction issue. Pat Lindner explained that the value of the damages is set and then deposited into the registry of the Court and that enables us to take possession of the property. They then have twenty days to challenge or protest the award. It was stated that #87 was picked up. One of the NN tracts was bought at noon today by the City of Seguin. Mr. Hamlett thought that they could get possession of those in August after the hearings. Director Bauer asked if the crossing on Water Tank Rd is squared away. Mr. Roming stated that it is ready for condemnation. It was asked if the road was a private road. Mr. Roming thought that it is a private road, but doesn't think that any contracts will be stalled because of it. Mr. Hamlett stated that they have a good head start on Schertz. The fourth order of business was discussion and possible action on plans for project "Celebration" on August 23, 2001. Mr. Hamlett had a meeting last week with Amy Madison and she provided a list for them. Director Bauer stated that if they are going to have Edmond Kuempel, then they should have the rest of the area representatives. Mr. Cashwell stated that they are going to need tents for shade. Director Rivera asked if they were having chamber representatives also. Mr. Hamlett stated that the focus is to recognize the people who have gotten them to this point. President Dwyer commented that he hoped they have a good map. Mr. Roming suggested putting a map on the invitation. It was decided to change the time to 6:30pm. The fifth order of business was a discussion and possible action on proposed logo for Corporation. At this time Mr. Hamlett showed the different logos. It was decided to go with the Schertz to Seguin logo, with the water drop changed. Mr. Lindner suggested to keep working on the design and get public input on it. The sixth order of business was a discussion and approval of Resolution to transfer SSLGC's Investment Portfolio to MBIA CLASS Bond Management Program. Mr. Jain stated that by moving the Investment to MBIA, it would give it more focused attention and perhaps enhance earnings. President Dwyer asked if right now it is just in Tex Pool. Mr. Jain stated that yes it is in Tex Pool, they are still available, but MBIA is more aggressive as far as banking is concerned. Mrs. Garcia (MBIA rep) explained a little bit about the folders that were passed out (MBIA information) and about the Company. She stated that once SSLGC joins MBIA, they would have enhanced portfolio services. The Company has had phenomenal growth over the last two years. Mrs. Garcia stated that MBIA has unparalleled safety and multiply layers of protection. MBIA also has a bond management program. President Dwyer asked if the cam and the pool are two different things, and if they are, what are we being asked to do. Mrs. Garcia stated that they are two different things and Mr. Jain had been thinking about the pool. President Dwyer then asked what the principal risk is. Mrs. Garcia stated that there is no risk. She stated that on the poolside, it is backed by a letter of credit. President Dwyer stated that he would like to hear what Director Bauer thinks about this. Director Bauer asked if SSLGC assets would be backed by the letter of credit. Mrs. Garcia stated that on the poolside they would be. Director Bauer asked what the Cam side does that the pool doesn't do. Mrs. Garcia explained that it enhances the rate of return. She stated that this is an active portfolio management. Director Bauer asked how the fee -based structure is. Mrs. Garcia stated that the fees are minimal; you would never be billed on a pool for the fees, interest rates are net of any fees. There was a question about if the letter of credit backs the 50 billion. Mrs. Garcia stated that the letter of credit backs the Texas pool; the risk is virtually non- existent. President Dwyer asked what Tex Pools yield is. Mrs. Garcia stated that the advantage on using MBIA instead of Tex Pool is this situation is that MBIA enhances their services. Secretary Wolverton stated that the government only allows you to make so much money in investments and if you go over that amount they start getting into arbitrage. Mrs. Garcia recommended that they join the pool, but stated that they are under no obligation. A motion was made by Secretary Wolverton and seconded by Director Rivera to authorize the Corporation to join the MBIA Pool and bond management program. Upon a vote being called, the motion carried by unanimous vote of all Directors. The seventh order of business was presenting of Engineer's report and discussion and action in response to Engineer's report. A) Project Schedule & Progress Report (including contract duration). B) Cross Connection with other Water Systems, i.e. Backup or Viability of Cross Connections. Mr. Roming prepared a graph; based on what the contractors furnish as a cash flow and reviewed the graph. (A) Mr. Klemt explained that Well #6 has taken about 2 months for completion, they are running about two weeks behind, but that is non- critical. Mr. Klemt explained that the pumping test on Well #6 determined the specific capacity, which at a lower pumping rate was 40- gallons. Well #3 is an exceptional well, but the iron was a little higher than hoped for. Mr. Roming explained that there is no danger in higher iron; the lower the iron, the lower the operating cost. Director Bauer asked how long it would take to recover from 38 back up to 40. Mr. Klemt stated that recovery time is less than one hour. Mr. Roming stated that overall things are going good. (B) Connections to pipelines are not feasible to customers. Could put a rate of flow controller on to try and help situation. In future there is a potential for saying " we would like for you to put water directly in our system" and that would require putting another pump in. Director Wolverton asked if there is an estimate of the cost. Mr. Roming stated that the approximate cost would be $100,000.00 give or take. This cost is just to get it out of the tap. Mr. Greenwald stated that the City cannot sell the water, the Board needs to make a decision on what restrictions and provisions it wants to have. The eighth order of business was presentation of Hydrologist's Report and discussion and action in response to Hydrologist's report. A) Ground Water Availability Models. Mr. Klemt briefly explained what the process and some of the ways that the models work and then stated that the Gam Model would be finished around the year 2003. Mr. Klemt stated that the gam models would be a one -mile grid. Director Rivera stated that they need to make sure to take better models into consideration. Mr. Cook stated that the biggest effect would be on Sandy's Creek. Mr. Klemt disagreed with that, he does not believe there would be any affect on Sandy's Creek. The ninth order of business was presentation of consultant's report and discussion and action in response to consultant's report. Mr. Camp distributed a hand out and stated that these withdrawals are going to have to be balanced. Mr. Camp stated that right now they are permitted for 10,000 -acre feet. Mr. Camp felt that this was tossed out after the Regional Plan was adopted. President Dwyer stated he has seen many battles regarding the stream flow. Director Rivera stated that she is not sure that the entities looked at the updated plan. The tenth order of business was Executive Session: called under chapter 551 Local Government Code, Sub - Section 551.072, deliberation regarding real property. An executive Session was held from 3:50pm until 4:24pm. The eleventh order of business was to consider and take action on above executive session. There was no action to take. The twelfth order of business was adjournment. There being no further business to discuss, the meeting was adjourned at 4:25pm. MINUTES APPROVED this the day of , 2001 Signatures of all Directors Robin Dwyer, President Ramon Cook, Vise - President Jim Wolverton, Secretary Sydney Bauer, Director Gloria Rivera, Director