GUADALUPE-BLANCO RIVER AUTHORITY Minutes of the Board of Directors

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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 October 15, 2008, at the GBRA River Annex Board Room, 905 Nolan, Seguin, Guadalupe County, Texas. Directors present were Myrna P. McLeroy, T. L. Walker, Margaret M. Grier, Frank J. Pagel, Grace G. Kunde, Oscar H. Fogle, James L. Powers, and Arlene N. Marshall. Director Clifton L. Thomas, Jr. was absent. Also present were W. E. West, Jr., General Manager; James Lee Murphy, Executive Manager of Water Resources and Utility Operations; Alvin Schuerg, Executive Manager of Finance and Administration; Todd Votteler, Executive Manager of Intergovernmental Relations and Policy; Bruce Wasinger, General Counsel; David Welsch, Executive Manager of Business Development and Resource Management; Gary Asbury, Project Development Manager; Barbara Gunn, Human Resources Manager; Debbie Magin, Director of Water Quality Services; John Smith, Operations Manager-Upper Basin; LaMarriol Smith, Manager of Communications and Education; Cricket Dietert, Executive Assistant to the General Manager; Janet Thome, Trust Coordinator; Tammy Beutnagel, Public Communications Assistant; Connie Rothe, Board Relations Assistant; Leigh Crettenden, Web Master; Wilfred Korth, Chief Ranger-Coleto Creek Park; Janae Reneaud, Trust Conservation Specialist; Cinde Thomas-Jimenz, Education Coordinator; Kylie McNabb, Laboratory Analyst; Sandra Terry, Accountant; Roger Nevola, legal counsel; Jim Dublin and Rose Marie Eash representing Dublin and Associates, Inc.; David Engel representing Engel and Associates; Bernie Rangel representing the City of Lockhart; Hillary Contreras, Julian Ramierez, Jeremy Rodriquez, Sonja Villalobos, and LV 10/15/08 12

2 Mark Villalobos representing Keep Lockhart Beautiful; Lora Hardway representing Lockhart Independent School District; Larry Land representing HDR Engineering; and Jim Carrillo representing Halff Associates. Chair McLeroy called the meeting to order at 10:09 a.m., and 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: Director Marshall led the Pledge of Allegiance to the United States and Texas flags. The Chair called for comments from the public. There were no other public comments at this time. Debbie Magin introduced Kylie McNabb GBRA s new laboratory employee. The Chair called for Items from the Chair 1 - Consideration of and possible action approving Resolutions honoring the following current and former State legislators relating to GBRA s 75th Anniversary celebration: former Senator Kenneth Armbrister, Senator Glenn Hegar, Jr., Senator Kip Averitt, Senator Jeff Wentworth, former State Representative Robert Puente, State Representative Patrick Rose, State Representative Edmund Kuempel, State Representative Geanie W. Morrison, State Representative Nathan Macias, State Representative William Bill Callegari, State Representative Harvey Hilderbran, former State Representative Carter Casteel, and former State Representative Rick Green. Upon LV 10/15/08 13

3 motion by Director Grier, seconded by Director Powers, the Board unanimously approved Resolutions honoring current and former State Legislators relating to GBRA s 75 th Anniversary celebration. A copy of the Resolutions are attached and made a part of these minutes. The Board viewed a new video about GBRA that will be shown at GBRA s 75 th anniversary celebration. Next, the Chair called for Items from the Chair 2 - Recognition of Lockhart Community Volunteers that participated in the Town Branch Parks Clean-Up. Debbie Magin introduced and thanked Bernie Rangel, Hillary Contreras, Julian Ramierez, Jeremy Rodriquez, Sonja Villalobos, Mark Villalobos, and Lora Hardway which were some of the key players that participated in the Town Branch Parks Clean- Up Project. Director Fogle addressed the Board regarding the clean-up, the value of Lockhart Springs, and thanked all that made this Project a success. Approximately 400 people participated in the clean-up, over 1,260 pounds of trash was removed and 315 pounds was recycled. Sonja Villalobos presented the Light of the Springs to GBRA and Lora Hardway representing Lockhart Independent School District. Ms. Hardway thanked everyone for their participation in the event. The Chair then called for Items from the Chair 3 Presentation of an award from the National Association of Recreation Resource Planners for the Canyon Lake Gorge Master Plan. Jim Carrillo representing Half Associates presented GBRA the Excellence in Planning Award from the National Association of Recreation Resources Planners for the Canyon Lake Gorge Master Plan. Mr. Carrillo also thanked Tommie Rhoad and Cinde Thomas-Jimenz for their dedication and help with the Project. LV 10/15/08 14

4 The Chair called for Items from the Chair 4 - Consideration of and possible action authorizing expenditure of funds for Directors and staff to attend the National Water Resources Association 77 th Annual Conference scheduled for November 19-21, 2008 in San Diego, California. Director Grier asked to defer this item until after discussion in executive session. No action was taken at this time. Next, the Chair called for Consent Items 5 - Consideration of and possible action approving the September 17, 2008 Board meeting minutes; 6 - Consideration of and possible action approving the monthly operations report for September 2008; and 7 - Consideration of and possible action approving Directors expense vouchers. Upon motion by Director Grier, seconded by Director Fogle, the Board unanimously approved Consent Items 5, 6, and 7. The Chair then called for Items from the General Manager 8 - Discussion of the Executive Report. General Manager West briefed the Board on an internal workshop with the Executive Team, Exelon meetings, and GBRA s annual Pecan Fest. Discussion was had regarding meetings with the City of Cuero relating to potential operation of their water and wastewater system, a wastewater spill near the River Bend lift station, Exelon Generation s filing of their Combined Construction and Operating License Application, the Cibolo Watershed Study, and Region L activities. The Board was briefed on the Canyon Park Estates Wastewater Treatment Plant expansion project. General Manager West briefed the Board on activities of GBRA s Regional Laboratory, GBRA s receipt of the Water Environment of Texas Presidents Award for Public Education and Outreach for Wastewater Treatment Module, the Caldwell County Texas Water Development Board Study, a new quarterly sampling site in Gonzales, LV 10/15/08 15

5 establishment of a River Network for the Guadalupe River Basin, and planning for a proposed grant application for a regional water and wastewater planning study for Kendall County. Discussion was had regarding the proposed new Boerne Library, a Texas Parks and Wildlife Department grant for the Joshua Springs Park and Preserve, a Needs Assessment for the City of Cuero, and rescheduling of the Moonlite in the Gorge. General Manager West briefed the Board on the Johnson Ranch Development, activities with the City of Bulverde, and review of the Preliminary Engineering Report for wastewater services for the Village of Wimberley. General Manger West discussed lake management meetings and a presentation to the New Braunfels/Canyon Lake Area Board of Realtors and the Seguin Morning Rotary Club regarding the operation of Canyon Reservoir. Discussion was had regarding a review of GBRA s current Work Plan and Budget, information technology, human resource activities, review of internal policies, and GBRA s receipt of the Fiscal Year 2007 Government Finance Officer Award for Excellence in Financial Reporting. Alvin Schuerg briefed the Board on financial activities including investments, depository agreements, collateral agreements, bank rating service, and review of the current 2009 Work Plan and Budget. The Chair called for Action Item 9 - Consideration of and possible action approving additional banks with which GBRA may transact business with. GBRA Board Policy 413 Depository Accounts require Board of Director approval prior to the initiation of new bank accounts. In a continued effort to diversify GBRA s cash and investment portfolio in various banks within the river basin, GBRA staff proposed the addition of the following banks in which GBRA is allowed to conduct financial transactions: First National Bank of Beeville, First State Bank in New Braunfels, and LV 10/15/08 16

6 Schertz Bank and Trust. Deposits in these banks will be held under the current FDIC coverage until GBRA secures a depository agreement. Upon motion by Director Walker, seconded by Director Powers, the Board unanimously approved the establishment of banking relations with First National Bank of Beeville, First State Bank in New Braunfels and Schertz Bank and Trust. Next, the Chair called for Action Item 10 - Consideration of and possible action approving the closure of various GBRA bank accounts. GBRA Board Policy 413 Depository Accounts requires Board of Director approval prior to terminating bank accounts. The Office Expansion and Western Canyon construction projects have been completed and all funds expended. Both of these projects have an open bank account at Wells Fargo Bank and an investment account with Texpool. The Section 125- Dependent Care account has an open bank account with JPMorgan Chase. The funds in the dependent care account will be transferred to the Section 125-Employee Flex Spending Medical account, as there is no need to maintain separate bank accounts for these employee spending accounts. Upon motion by Director Powers, seconded by Director Grier, the Board unanimously authorized terminating bank and investment accounts at Wells Fargo Bank, JPMorgan Chase and Texpool related to the completed Office Expansion and Western Canyon construction projects and the Section 125- Dependent Care account. The Chair then called for Action Item 11 - Consideration of and possible action approving a bank loan or tax-exempt lease purchase for the acquisition of equipment in GBRA s Guadalupe Valley Hydroelectric Division. GBRA budgeted $125,000 for the purchase of a replacement tractor with slope mower during Fiscal Year LV 10/15/08 17

7 2009. The Fiscal Year 2009 budget also included a $125,000 bank loan or equipment lease to fund the purchase of this equipment. The actual cost of the equipment is $113,585. Section 2(x) of GBRA s Enabling Act authorizes GBRA to borrow money and issue negotiable bonds to finance projects or equipment purchases. GBRA contacted six banks about providing funds for this equipment purchase. The contacted banks include First Lockhart National Bank, First National Bank of Port Lavaca, Frost National Bank, International Bank of Commerce, Jules and Associates, and Wells Fargo Bank. The terms GBRA requested of these banks include an amount of $110,000; term option 1: five years or option 2: ten years; status is tax exempt; and collateral would be none or pledge of Guadalupe Valley Hydroelectric Revenues. Upon motion by Director Fogle, seconded by Director Powers, the Board unanimously approved a bank loan in the amount of $110,000 to fund the purchase of a tractor with 30 foot mower with First Lockhart National Bank with a five year loan, an interest rate of 3.94 percent, and pledging the Guadalupe Valley Hydroelectric revenues as a security. The Chair called for Action Item 12 - Consideration of and possible action approving Resolutions adopting Water Conservation and Drought Contingency Plans for the Cordillera Ranch and Comal Trace Water Systems. Water Conservation and Drought Contingency Plans have been prepared for Cordillera Ranch and Comal Trace water systems. Notice requesting comments to the Plans was advertised in the newspaper and sent out in the customer billings. The Plans were posted on the GBRA website from September 1-30, Two comments were received and responses sent to each. Upon motion by Director Grier, seconded by Director Kunde, the Board unanimously approved Resolutions adopting Water LV 10/15/08 18

8 Conservation and Drought Contingency Plans for Cordillera Ranch Water System and Comal Trace Water System. A copy of the Resolutions is attached and made a part of these minutes. Next, the Chair called for Discussion Item 13 - Discussion regarding Base Flow Report, Water Quality Index, and condition of the Guadalupe Basin. The reports were discussed with the Board. The Board was briefed on the water level of Canyon Reservoir, river flows, well levels, the U. S. Drought Monitor Seasonal Outlook, and reservoir levels across the State of Texas. The Chair then called for Items from the General Manager 14 - Discussion regarding local, State and national water planning and water resource issues. David Welsch briefed the Board on GBRA s six hydroelectric lakes including the size of each lake, generating capacity at each dam, structure and operations, activities associated with the various lakes, and the transition of use on the various lakes. GBRA is preparing to conduct a loading study including developing a scope of work, proposed policies for each area lake to identify water quality, and the number of watercraft allowed on each lake. General Manager West briefed the Board on Texas Water Development Board s preparation of a funding proposal for the upcoming Legislative Session. The Chair called for Items from the General Manager 15 - Discussion regarding the Edwards Aquifer Authority, South Central Texas Water Advisory Committee, and the Guadalupe Basin Coalition. Todd Votteler briefed the Board on activities of the Edwards Aquifer Authority including the Edwards Aquifer Recovery Implementation Program. Todd Votteler introduced Larry Land representing HDR LV 10/15/08 19

9 Engineering. Mr. Land gave a presentation to the Board on the Hydrologic Connection of San Marcos and Barton Springs through the Edwards Aquifer. Next, the Chair called for Items from the General Manager 16 - Discussion regarding the Guadalupe-Blanco River Trust. Todd Votteler briefed the Board on activities of the Guadalupe-Blanco River Trust. Janae Reneaud briefed the Board on the completion and upcoming Whitmire Canal ribbon cutting scheduled for October 16, Wilfred Korth addressed the Board regarding the Coleto Creek Reservoir and management of the lands around the Reservoir. GBRA is working with International Power, the owner of the land surrounding Coleto Creek, for the possible donation to the Guadalupe-Blanco River Trust of 200 acres of land or a conservation easement on the land. There are two Bald Eagles that have been nesting on this land and the long-term objective for the land is to develop an environmental learning center. The Chair recessed the open meeting at 11:54 a.m. The Chairman closed the open meeting and convened the meeting in executive session at 12:05 p.m. The meeting reconvened in open session at 12:30 p.m. The Chair called for Items from the Chair 4 - Consideration of and possible action authorizing expenditure of funds for Directors and staff to attend the National Water Resources Association 77 th Annual Conference scheduled for November 19-21, 2008 in San Diego, California. The Board discussed a letter dated October 14, 2008 addressed to Governor Perry Appointees concerning the current financial turmoil facing our country and requesting agencies to reduce travel plans. General Manager West was instructed to draft a response to Governor Perry from the Board of Directors. GBRA is currently reviewing the current 2009 Work Plan and LV 10/15/08 20

10 Budget which includes Director travel expenditures. Upon motion by Director Powers, seconded by Director Grier, the Board unanimously authorized the expenditure of funds for Directors and staff to attend the National Water Resources Association 77 th Annual Conference in San Diego, California. There being no further business to be brought before the Board, the meeting was adjourned at 12:48 p.m. subject to call by the Chair. Chair Secretary LV 10/15/08 21

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