GUADALUPE-BLANCO RIVER AUTHORITY Minutes of the Board of Directors

Transcription

1 GUADALUPE-BLANCO RIVER AUTHORITY Minutes of the Board of Directors The Board of Directors of the Guadalupe-Blanco River Authority met in a regular monthly meeting on March 16, 2005, at the GBRA River Annex Board Room, 905 Nolan, Seguin, Guadalupe County, Texas. Directors present were John P. Schneider, Jr., Stephen F. Wilson, DVM, Frederick S. Schlather, Frank J. Pagel, Jack R. Gary, Margaret M. Grier, Clifton L. Thomas, Jr., and Kathleen A. Devine. Director Myrna P. McLeroy was absent. Also present were W. E. West, Jr., General Manager; Fred M. Blumberg, Deputy General Manager and Chief Operations Officer; Alvin Schuerg, Executive Manager of Finance and Administration; Randy Worden, Executive Manager of Business Development and Resource Management; Gary Asbury, Manager of Project Engineering; Judy Gardner, Manager of Communications and Education; Tommy Hill, Chief Engineer; Debbie Magin, Director of Water Quality Services; John Smith; Operations Manager-Upper Basin; Bryan Serold, Operations Manager-Lower Basin; Tommie Streeter-Rhoad, Economic Development Manager; Todd H. Votteler, Director of Natural Resources and Special Assistant to the General Manager; David Welsch, Director of Project Development; Cricket Dietert, Executive Assistant to the General Manager; Connie Rothe, Board Relations Assistant; Tammy Beutnagel; Public Communications Assistant; Juan Gonzalez, Web Master; Sandra Terry, Accountant; Roger Nevola, legal counsel; Jim Dublin and Rose Marie Eash representing Dublin and Associates, Inc.; Lee Bright and Jack Goodwyn, representing Chesney Morales, Inc.; Brad Tucker representing Weaver and Jacobs; Dennis Masters and Teddy Hawes representing the Port O Connor Municipal Utility District; David Roberts representing XLIX 3/16/05 71

2 Roberts, Roberts and Odefey; Don Vandertulip representing Kimley-Horn and Associates, Inc.; and Janet Grafe representing the Seguin Gazette-Enterprise. The meeting was called to order at 10:11 a.m. by Chairman Schneider who took note of the certifications presented by the General Manager that notice of the meeting had been properly posted in the office of the Secretary of State, in the Guadalupe County Courthouse, and at the GBRA main office and river annex in Seguin, Texas, pursuant to Title 5, Chapter 551 of the Government Code. A quorum being present, the following proceedings were had: In the absence of Secretary-Treasurer McLeroy, Chairman Schneider appointed Director Gary to serve as Secretary Pro-Tem. Director Grier led the United States Pledge of Allegiance and the Texas Pledge of Allegiance. The Chairman called for comments from the public. There were no public comments at this time. Chairman Schneider requested a moment of silence in memory of Joe Grady Moore, Jr., a longtime proponent of clean water and environmental protection. The Chairman called for Items from the Chairman 1 Consideration of and possible action authorizing the expenditure of funds for Directors and staff to attend the National Water Resources Association 2005 Federal Water Seminar, April 11-13, 2005, in Washington, D.C. The General Manager informed the Board on topics to be discussed at the Federal Water Seminar and meetings scheduled with Congressional staff to discuss Federal funding for water projects in Texas. Chairman XLIX 3/16/05 72

3 Schneider encouraged Board members to attend the Seminar to support legislative efforts. Upon motion by Director Gary, seconded by Director Grier, the Board unanimously authorized the expenditure of funds for Directors and staff to attend the National Water Resources Association 2005 Federal Water Seminar. The Chairman then called for Items from the Chairman 2 - Consideration of and possible action approving compensation for the General Manager of Guadalupe-Blanco River Authority effective March 1, 2005, as discussed in executive session on February 16, Upon motion by Director Devine, seconded by Director Schlather, the Board unanimously approved a $10,000 increase in compensation for the General Manager of GBRA effective March 1, Next, the Chairman called for Consent Items 3 - Consideration of and possible action approving the February 16, 2005, and February 23, 2005 Board meeting minutes; 4 - Consideration of and possible action approving the monthly financial report for February 2005; 5 - Consideration of and possible action approving the monthly operations report for February 2005; and 6 - Consideration of and possible action approving Directors expense vouchers. Upon motion by Director Schlather, seconded by Director Gary, the Board unanimously approved Consent Items 3, 4, 5, and 6. The Chairman called for Executive Item 7 - Discussion of the Executive Report. The General Manager briefed the Board on the Executive Report including the wellness and blood test programs for employees and covered dependents of GBRA, IH-35 project phase II expansion, basin-wide telemetry system, continued work on XLIX 3/16/05 73

4 water supply projects, the Delta modeling, various construction projects, IT policy updates, website renovation, human resource leadership institute program, annual budget process, right-of-way acquisitions on pipeline projects, proposed wastewater treatment operations, lab operations, Canyon Gorge Project, Zedler Mill Project, upcoming customer meetings, public communications activities, and open record requests. The Board was briefed on the executive summary of the financial statement ending February 28, 2005 including revenues, expenses, net operating revenues, interest income, maintenance and repair expenses, and budget compilation start up for Fiscal Year Next, the Chairman called for Action Item 8 - Consideration of and possible action authorizing the engagement of an audit firm for Fiscal Year An annual audit is required by Section 7 of GBRA s Enabling Act, Section of the Texas Water Code, GBRA Board Policy 410-Audits, and the provisions of numerous bond resolutions. The firm of Holtman, Wagner and Company, L.L.P. audited GBRA s financial records for Fiscal Year The Audit Committee met on February 16, 2004 to discuss the firm s performance and recommended their re-engagement for the Fiscal Year 2005 financial audit. Upon motion by Director Gary, seconded by Director Thomas, the Board unanimously authorized the General Manager to engage the firm of Holtman, Wagner and Company, L.L.P. for the Fiscal Year 2005 financial audit. The Chairman then called for Action Item 9 - Consideration of and possible action approving an impact fee to pay costs related to the construction of a treated water distribution system in and around the City of Bulverde. This action XLIX 3/16/05 74

5 shall further require that all funds collected through the adoption of an impact fee until such funds are spent shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the Bulverde service area for which the impact fee was adopted. GBRA and the City of Bulverde have an operating agreement in which GBRA agrees to construct a treated water distribution system within the City s water CCN. One component of the fees and charges that GBRA will utilize to pay the costs of the water system is an impact fee. The Texas Local Government Code, Chapter 395, governs the imposition of an impact fee. This Chapter requires the GBRA Board of Directors to take the following actions: establish a Capital Improvements Advisory Committee and select members thereto (Board acted on this October 20, 2004); adopt a resolution establishing a public hearing date to consider land use assumptions and a capital improvement plan for the Bulverde Area Treated Water Distribution System (Board acted on this November 17, 2004); within 30 days of the public hearing, adopt or reject a resolution approving the land use assumptions and a capital improvement plan (Board acted on this January 19, 2005); adopt a resolution establishing a public hearing date to discuss the imposition of an impact fee (Board acted on this January 19, 2005); hold the public hearing to discuss the imposition of an impact fee (Board held on March 16, 2005); and within 30 days of the public hearing, adopt or reject a resolution approving the imposition of an impact fee. Upon motion by Director Schlather, seconded by Director Devine, the Board unanimously approved an impact fee to pay costs related to the construction of a treated water distribution system in and around the City of Bulverde. This action further XLIX 3/16/05 75

6 requires that all funds collected through the adoption of an impact fee until such funds are spent shall be deposited in interest-bearing accounts clearly identifying the category of capital improvements or facility expansions within the Bulverde service area for which the impact fee was adopted. A copy of the Resolution is attached and made a part of these minutes. The Chairman called for Action Item 10 - Consideration of and possible action authorizing the General Manager to negotiate and enter into a contract with the lowest responsible bidder or to reject all bids for Project B Administration Building Expansion and Remodel. An Invitation for Bid was issued on February 1, 2005 for Project B Administration Building Expansion and Remodel. The work covered under this contract will include demolition of the existing shop, new construction of a metal frame building, and remodeling of the existing offices and laboratory. The request for bids was properly advertised. The bid opening was conducted on February 24, Eight bids were received. The lowest four bidders were interviewed by GBRA and its consultants, and evaluated based on the Selection Criteria Form as included in the project specifications. The four lowest bidders were Gaeke Construction Company, Inc.; Greco Construction Company, Ltd.; Weaver and Jacobs Constructors, Inc.; and Kencon Constructors/Construction Managers, Ltd. Gaeke Construction Company. Inc. received the highest evaluated score and was also the lowest bidder. The qualifications of Gaeke Construction Company indicate that they are capable of completing a successful project. Upon motion by Director Gary, seconded by Director Pagel, the Board unanimously authorized the General Manager to XLIX 3/16/05 76

7 negotiate and enter into a contract with Gaeke Construction Company, Inc., of Giddings, Texas, for Project B Administration Building Expansion and Remodel ($2,348,605) and to authorize a five percent (5%) contingency fee ($117,430) to be utilized by staff for unknown items that may occur during construction. The total authorization is for $2,466,035. The Chairman called for Action Item 11- Consideration of and possible action authorizing the General Manager to negotiate and execute a contract with an engineering firm to evaluate modifications to the TP-4 Dam. GBRA requested written qualifications and proposals from engineering firms capable of preparing an analysis and Preliminary Engineering Report, and possibly plans and specifications for modifications to the TP-4 Hydroelectric Dam. GBRA is seeking to engage an engineering firm with specific experience and expertise related to the type of gates found at the TP-4 Dam. The Dam includes two Huber and Lutz roof weir (European bear trap) spillgates. Since 1998, the spillgates at the TP-4 Dam have been damaged three times by floodwaters released through the structures. The Preliminary Engineering Report will possibly be used to support an application to the Federal Emergency Management Agency (FEMA) for a grant under the Pre-Disaster Mitigation Program or the Post-Disaster Mitigation Program. The gates were damaged during floods in 1998, 2002 and Damage occurred to timbers, interior structural steel and side seals on both gates. Repairs from the 1998 flood cost a total of $601,600. Repairs from the 2002 flood cost $388,600. Repairs from the November 2004 flood are not yet underway because of high river flows. There appears to be some damage due XLIX 3/16/05 77

8 to hydraulic conditions that cause the upstream and downstream leaves to vibrate, and move up and down until boards are displaced and structural steel is broken or warped. The purposes of the engineering analysis are to evaluate the causes of the recent damage; to recommend alternative methods for preventing similar damage in the future; and to prepare a Preliminary Engineering Report that can be used in an application to FEMA for funding to assist with the modifications to the dam. Depending on the final scope of work developed with the selected firm, a budget amendment may be required. Upon motion by Director Schlather, seconded by Director Thomas, the Board unanimously authorized the General Manager to negotiate and execute a contract with the most qualified engineering firm to evaluate modifications to the TP-4 Dam. Next, the Chairman called for Action Item 12 - Consideration of and possible action authorizing the General Manager to negotiate and finalize an Agreement between GBRA and the City of San Marcos combining the GBRA San Marcos River Directional Drilling Project with the City of San Marcos El Camino Real Water Line Project. The existing San Marcos Raw Water Delivery System presently has an ultimate design capacity of about 16 mgd. With the growth along IH 35 north of San Marcos, GBRA will have to expand the capacity to 20 mgd and possibly to 24 mgd. To expand the System beyond 16 mgd will require modification to the pump station, which can be delayed for several years. Regarding the pipeline, the limiting design component is the existing 24-inch pipe under the San Marcos River. A second 24-inch pipe must be installed to provide more capacity. The City of San Marcos is presently XLIX 3/16/05 78

9 under design on a potable water pipeline parallel with the GBRA raw water line (the El Camino Real Project). The City s project also includes a directional bore under the San Marcos River, parallel with the GBRA line. GBRA can save money by combining its second raw water pipeline river crossing with the City of San Marcos El Camino Real Water Line Project. The total estimated cost for the second crossing is $750,000. GBRA has the necessary funds to pay for the project. Upon motion by Director Gary, seconded by Director Wilson, the Board unanimously authorized the General Manager to negotiate and finalize an Agreement between GBRA and the City of San Marcos combining the GBRA San Marcos River Directional Drilling Project with the City of San Marcos El Camino Real Water Line Project. A copy of the Agreement is attached and made a part of these minutes. The Chairman called for Action Item 13 - Consideration of and possible action approving (1) the addition of a new Action Item to the GBRA Mitigation Action List to Evaluate alternatives and implement modifications to the spill gates at the TP-4 Dam in Seguin, in order to prevent recurring damage during severe floods, and (2) approving the amended Hazard Mitigation Plan for the Guadalupe River Basin. After the November 2004 flood damage to the Lake Placid (TP-4) spillgates, GBRA staff recommended that a new action item be written to address possible modifications to this structure, and that the item be added to the GBRA Mitigation Action List portion of the Hazard Mitigation Action Plan for the Guadalupe River Basin. To meet the February 2005 deadline and ensure inclusion in the final Plan approved by the Federal Emergency Management Agency, the new item XLIX 3/16/05 79

10 was submitted to the Division of Emergency Management (DEM) on January 5, H20 Partners, GBRA s consultant for the Hazard Mitigation Plan, advised that the Board approve the new GBRA Action Item as well as the overall amended Plan, and that the Board s action be forwarded to DEM as part of the official record. Upon motion by Director Devine, seconded by Director Pagel, the Board unanimously approved the addition of a new Action Item to the GBRA Mitigation Action List that is to Evaluate alternatives and implement modifications to the spillgates at the TP-4 Dam in Seguin, in order to prevent recurring damage during severe floods, and approved the amended Hazard Mitigation Plan for the Guadalupe River Basin. A copy of the Resolution is attached and made a part of these minutes. At this time David Roberts of Roberts, Roberts and Odefey, legal counsel for a development firm, addressed the Board regarding potential development and water requirements on 12,000 acres (with 700 acres of initial development) in Calhoun County, Texas. Mr. Roberts and the development firm he represents have met and discussed water options with the Port O Connor Municipal Water District in Calhoun County and have also requested cost estimates for water supply from GBRA. The developer Mr. Roberts represents is not interested in managing a water distribution system for the proposed development area. Mr. Roberts also discussed service area ( CCN ) issues between GBRA and the Port O Connor Municipal Water District. Mr. Roberts requested that GBRA assist with a solution to the CCN and water supply issues for the Calhoun County area by June 1, XLIX 3/16/05 80

11 The Chairman then called for Discussion Item 15 - Discussion regarding the Lower Guadalupe Water Supply Project. The Board was briefed on general activities, environmental studies, and the over sizing portion of the conceptual delivery study. Discussion was also had on public communication activities including the upcoming Citizens Forum meeting and Technical Forum meeting, and scheduled editorial meetings. The Chairman called for Discussion Item 16 - Discussion regarding Base Flow Report, Water Quality Index, and condition of the Guadalupe Basin. The reports were discussed. Next, the Chairman called for Discussion Item 17 - Discussion regarding the progress of projects under construction. The Board was given an overview of the Western Canyon Regional Treated Water Distribution System water treatment plant. The Chairman called for Items from the General Manager 18 - Discussion regarding the 79 th Legislative Session. The Board was briefed on proposed HB 1453 that relates to the sunset process for river authorities and water districts. The Chairman then called for Items from the General Manager 19 - Discussion regarding Senate Bill 1 planning and water resource issues. The Board was briefed on the South Central Texas Regional Water Planning Group activities including the schedule for the proposed 2006 Water Plan, proposed LCRA/SAWS water supply project, off-channel reservoirs, proposed Lockhart Reservoir Project, proposed Canyon Regional Water Authority projects, groundwater models and XLIX 3/16/05 81

12 projections, groundwater drawdowns, and the Coastal Bend Regional Planning Group activities. Next, the Chairman called for Items from the General Manager 20 - Discussion regarding the 61 st Annual Convention of the Texas Water Conservation Association. The Board was briefed on the Texas Water Conservation Association annual convention including legislative activities and water issues. The Chairman called for Items from the General Manager 21 - Discussion regarding the Edwards Aquifer Authority and South Central Texas Water Advisory Committee. The Board was briefed on activities of the Edwards Aquifer Authority including approval of the revised draft Habitat Conservation Plan that will be submitted to the United States Fish and Wildlife Service and pumping limit options for the Edwards Aquifer. Discussion was also had regarding the Texas Commission on Environmental Quality review of the potential impacts of junior water rights on the Edwards Aquifer. The Chairman then called for Items from the General Manager 22 - Status report regarding the Guadalupe-Blanco River Trust. The Board was informed of the upcoming Trust meeting and tour of the Aransas National Wildlife Refuge on March 28, The Chairman recessed the open meeting at 12:08 p.m. The Chairman closed the open meeting and convened the meeting in Executive Session at 12:26 p.m. The meeting reconvened in open session at 12:58 p.m. XLIX 3/16/05 82

13 Director Wilson thanked David Roberts, Dennis Masters and Teddy Hawes for coming to GBRA for a solution to the water supply needs in Calhoun County, Texas. Upon motion by Director Wilson, seconded by Director Gary, the Board unanimously directed the General Manager to: expeditiously explore all reasonable alternatives to provide retail water and wastewater utility service to the proposed development in Calhoun County, with a strong preference that GBRA provide the service if adequate financial assurances can be provided to GBRA: and to pursue the alternative that best serves the interests of the citizens of Calhoun County and the other counties within GBRA s ten-county statutory district. The Chairman recessed the open meeting at 1:04 p.m. The Chairman closed the open meeting and convened the meeting in Executive Session at 1:05 p.m. The meeting reconvened in open session at 1:55 p.m. There being no further business to be brought before the Board, the meeting was adjourned, subject to call by the Chairman. Chairman Secretary Pro-Tem XLIX 3/16/05 83