MINUTES OF THE REGULAR MEETING OF THE BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT

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MINUTES OF THE REGULAR MEETING OF THE BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT April 12, 2007 The Board of Directors of the Brazoria County Groundwater Conservation District met in Regular Session on the 12 th day of April, 2007, at 2:00 p.m. in the Brazoria County Groundwater Conservation District Office, 451 N. Velasco Street, 2 nd Floor, Suite 290, Angleton, Texas, within the boundaries of the District and the roll was called of the duly constituted members of the Board, to wit: Dennis R. Ferguson John Pyburn Raymond Felder Donald R. Mudd Glenn A. Garrison President Vice President Secretary Assistant Secretary Director All of said Directors were present, thus constituting a quorum. Also present for all or part of the meeting were the following: Kent Burkett, Administrative Consultant for the District and Sherry Plentl, Administrative Assistant for the District, Ron Miles and John Davison. The meeting was called to order by Director Ferguson at 2:03 p.m. Director Ferguson opened the meeting to receive public comments. Mr. Ron Miles representing the Texas Dow Employees Credit Union addressed the Board with a request for exemption of the well on one of their facilities properties. The Board heard the request and advised Mr. Miles that his request would be heard at a later date to be set by the Board to take action on his request and informed Mr. Miles that he would be properly notified of that date. ORDER 07-04-01 APPROVE MINUTES: Motion by Director Pyburn, Seconded by Director Felder that the Minutes from the meeting on March 8, 2007 be approved as presented. Motion approved with all voting aye. REPORT BY ADMINISTRATIVE CONSULTANT: Kent Burkett, Administrative Consultant for the District gave a report to the Board regarding recent meetings attended on behalf of the District; meetings with County Commissioner Jack Harris; Representative Mike O Day; joint meeting with Rep. O Day, Pearland Mayor Tom Reid and Bill Eisen; GMA-14 meeting

on 3-27-07; Pearland Chamber of Commerce State of the County meeting and visit with County Judge Joe King; attendance at the exit conference regarding the FY2006 Audit between Tom Masters of Kennemer, Masters and Lunsford, President Ferguson, and Sherry Plentl; meeting with Director Pyburn and Commissioner Harris regarding pending legislative amendments; and with Steve Robinson of ABHR regarding pending legislation and requests for exemptions by District constituents. The upcoming presentation by the District and its consultants to the Brazoria County Commissioners Court on April 24 th was discussed. A Possible Quorum posting will be filed for that date enabling all Directors to attend. A brief overview of agenda items to be considered was given by Mr. Burkett ORDER 07-04-02 APPROVE INVOICES FOR PAYMENT: Motion by Director Mudd; Seconded by Director Felder that the invoices presented be approved for payment, with the request that detailed billing information be provided by URS Corporation. FINANCIAL REPORT AND FY2007 BUDGET SUMMARY: Kent Burkett reviewed the District s current financial statement and stated that a second mailing is planned to non-responders to original letter requesting compliance with District rules. FY2006 AUDIT REPORT: A brief overview of the draft report by Kennemer, Masters and Lunsford regarding the FY 2006 Audit was given. ORDER 07-04-03 ADOPT CAPITALIZATION POLICY: Motion by Director Garrison; Seconded by Director Pyburn that the Board approve the Brazoria County Groundwater Conservation District Fixed Asset Policy. The motion was approved with all voting aye. ORDER 07-04-04 ADOPT BUDGETARY CONTROL POLICY: Motion by Director Felder; Seconded by Director Mudd that the Board approve the Budgetary Control Policy for the Brazoria County Groundwater Conservation District.

ORDER 07-04-05 AUTHORIZE ADMINISTRATIVE CONSULTANT AND ADMINISTRATIVE ASSISTANT TO APPROVE TEMPORARY & EMERGENCY PERMITS: Motion by Director Mudd; Seconded by Director Garrison that the Board authorize the District s Administrative Consultant and Administrative Assistant to approve temporary and emergency permit applications contingent upon final approval by the Board of Directors and approve the appointment of Directors Pyburn and Felder as advisors for temporary/emergency permits. Further, that only temporary/emergency permits with a production limit of a maximum of 5 million gallons during the term of the temporary permit be approved. Motion approved with all voting aye. ORDER 07-04-06 ADOPT RECORD RETENTION POLICY: Motion by Director Felder; Seconded by Director Pyburn that the Board approve the Records Retention Policy for the Brazoria County Groundwater Conservation District. ORDER 07-04-07 MEMBERSHIP IN THE TEXAS GROUNDWATER ASSOCIATION: Motion by Director Felder; Seconded by Director Mudd that the Board approve the application for membership to the Texas Groundwater Association and authorize payment of membership fees in the amount of $80.00. Motion approved with all voting aye. ORDER O7-04-08 MEMBERSHIP IN THE TEXAS ALLIANCE OF GROUNDWATER DISTRICTS: Motion by Director Pyburn, Seconded by Director Felder that the board approve the application for a non-voting temporary membership in the Texas Alliance of Groundwater Districts. ORDER 07-04-09 REQUEST FOR EXEMPTION FROM DISTRICT RULES FOR NON-PROFIT ORGANIZATIONS: Motion by Director Pyburn; Seconded by Director Felder that the Board deny the request for exempt status for all non-profit organizations within District boundaries.

ORDER 07-04-10 PROPOSAL FROM URS CORPORATION REGARDING BCGCD WEBPAGE: Motion by Director Garrison; Seconded by Director Pyburn that the Board approve the Scope of Work, Schedule and Budget for URS Corporation for website enhancement in an amount not to exceed $5,405.32. Motion approved with all voting aye. ORDER 07-04-11 APPROVE PERMIT APPLICATIONS: Motion by Director Pyburn; Seconded by Director Felder that the following permit application be approved: City of Manvel: New well 1200 north of SH 6 on School Road ORDER 07-04-12: SET HEARING DATE FOR PERMIT APPLICATIONS: Motion by Director Pyburn; Seconded by Director Mudd that the following permit applications be set for hearing at the next meeting of the Board of Directors on Thursday, May 10, 2007 at 2:00 p.m. in the District s Office and that the applicants be duly notified: Jackson Oaks Golf Club: Existing well at 3007 SH 332 - Lake Jackson Gulf Coast Stabilized Materials: New well at SH 35 & CR 528 Alvin Brazoria County M.U.D. #31: New wells at 9402 ½ Bronze Shore Drive Rosharon Alvin Pantry: Existing well at 19387 SH 35 - Alvin Lakes of Highland Glen: Existing wells at N. Jasmine & Hollow Lake; and Pearland Parkway Pearland Alvin-Manvel Columbus Club; Existing well at 123 CR 146 - Alvin

ORDER 07-04-13 ADJOURN: As there were no further matters to be had, Director Garrison made the motion to adjourn. The motion was seconded by Director Mudd. All present voting aye. The meeting was adjourned at 4:15 p.m. Raymond D. Felder, Secretary Board of Directors