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 June 19, 2002, at The Plaza Club, One O Connor Plaza, Twelfth Floor, Victoria, Victoria County, Texas. Directors present were Pamela M. Hodges, Stephen F. Wilson, DVM, Frederick S. Schlather, John P. Schneider, Jr., Catherine R. McHaney, Myrna P. McLeroy, Frank J. Pagel, and Jack R. Gary. Director Kathleen A. Devine 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; Debbie Magin, Director of Water Quality; Tommy Hill, Chief Engineer; David Welsch, Director of Project Development; Dr. Todd H. Votteler, Director of Water Policy and Special Assistant to the General Manager; Judy Gardener, Manager of Communication and Education; Janet Thome, Administrative Assistant; Tammy Beutnagel, Public Relations Assistant; Connie Rothe, Board Relations Assistant; Ross Chapman, Maintenance Crewman-Victoria Regional Wastewater Treatment Plant; Curtis Seiler, Reservoir Ranger-Coleto Creek Recreation Division; Bill Young, Laboratory Assistant-Victoria Regional Wastewater Treatment Plant; Lorenzo Gonzales, Senior Maintenance Crewman-Victoria Regional Wastewater Treatment Plant; Samuel Widmer, Reservoir Ranger-Coleto Creek Recreation Division; Roger Nevola, legal counsel; Darel Ball, Plant Manager-San Marcos Water Treatment Plant; Joe Gonzales, System Operator-Victoria Regional Wastewater Treatment Plant; Wilfred Korth, Chief Ranger-Coleto Creek Recreation Division Rose Marie Eash representing Dublin and Associates, Inc.; Bob Keith representing South Central Texas Water Advisory Committee and the Edwards Aquifer Authority; Bubba Steen representing PVGWCA; Dudley T. Campbell; Gene Colville; Wayne Watkins; Greg Bowen representing The Victoria Advocate; Rodney Hodde representing DOW Chemical; and Gary Middleton, Mayor-City of Victoria. The meeting was called to order at 10:09 a.m., by Chair Hodges 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, in the Victoria County Courthouse, at The Plaza Club located at One O Connor Plaza, Victoria, Texas, and at the business offices of GBRA in Seguin, Texas, pursuant to Title 5, Chapter 551 of the Government Code. A quorum being present, the following proceedings were had: Chair Hodges welcomed the guests. The Chair called for approval of the May 15, 2002, Board meeting minutes. Director Gary moved approval of the minutes. Director McHaney seconded the motion, whereupon the minutes were approved by all Directors present voting and in favor thereof and in open meeting signed. W. E. West, Jr., General Manager and Fred Blumberg, Deputy General Manager and Chief Operations Officer presented employee service awards to the GBRA lower basin employees. The Chair called for Discussion Item 16 "Discussion regarding Texas Water Utilities Association award for Exemplary Service for Community Service given to Joe A Gonzales, System Operator, GBRA Victoria Regional Wastewater Reclamation System." Debbie Magin, Director of Water Quality, discussed the award presented to Joe Gonzales by the Texas Water Utilities Association. The Chair called for Items from the Chair 1 "Consideration of and possible action approving
Directors expense vouchers." Upon motion by Director Schneider, seconded by Director Gary, the Board unanimously approved Directors expense vouchers. Next, the Chair called for Items from the Chair 2 "Consideration of and possible action authorizing the expenditure of funds for Directors and staff to attend the National Water Resources Association s 19 th Western Water Seminar July 31 through August 2, 2002, in Steamboat Springs, Colorado." Upon motion by Director Wilson, seconded by Director Gary, the Board unanimously authorized the expenditure of funds for Directors and staff to attend the National Water Resources Association s 19 th Western Water Seminar. The Chair then called for Items from the Chair 3 "Consideration of and possible action adopting a Proclamation supporting the declaration of June as Texas Rivers Month." Upon motion by Director Gary, seconded by Director McHaney, the Board unanimously adopted a Proclamation supporting the declaration of June as Texas Rivers Month. A copy of the Proclamation is attached and made a part of these minutes. The Chair called for Items from the GBRA Staff 4 "Consideration of and possible action approving the monthly financial report for May 2002." Discussion was had regarding the executive summary including year-to-date budget to actual expenses and the renewal of insurance in July. Upon motion by Director Schlather, seconded by Director Schneider, the Board unanimously approved the monthly financial report. Next, the Chair called for Items from the GBRA Staff 5 "Consideration of and possible action approving the monthly operations report for May 2002." Upon motion by Director Schlather, seconded by Director Gary, the Board unanimously approved the monthly operations report. The Chair called for Action Item 6 "Consideration of and possible action authorizing the General Manager to execute an agreement with the Texas Wildlife Association to conduct supervised firearm hunts on Coleto Creek Project Property under the Texas Youth Hunting Program." The Coleto Creek Recreation Division has conducted archery only hunts for the past four years under the Texas Parks and Wildlife Department (TPWD) Managed Lands Permit Program in an effort to control the growing population of white-tailed deer. Each year after the deer population census was taken, the TPWD Biologist has recommended how many deer should be harvested. Each year the number of hunt weekends have been expanded and the hunters have been unable to harvest all the deer needed to keep the herd healthy. The use of firearms is more efficient. GBRA staff recommended to supplement the archery hunts with firearm hunts conducted under the Texas Youth Hunting Program through the Texas Wildlife Association, which would harvest more deer, while giving Texas youth an opportunity to experience hunting under the guidance of experienced adults. The program would be for a one-year trial period. The Board discussed safety issues and additional insurance requirements in order for the youth to be eligible to participate in the hunt. Upon motion by Director Wilson, seconded by Director Gary, the Board unanimously approved supervised firearm hunts on Coleto Creek Project Property under the Texas Youth Hunting Program for a one-year trial period. The Chair called for Action Item 7 "Consideration of and possible action authorizing the General Manager to authorize the use of archery equipment for recreational purposes of taking non-game fish on the Coleto Creek Reservoir in accordance with the guidelines of Texas Parks and Wildlife Department." A Victoria archery business and its customer base, along with the Texas Bowfishing Association, and others have shown an increasing interest in being allowed to legally bowfish on the Coleto Creek Reservoir. Currently Texas Parks and Wildlife Department fishing regulations allows archery equipment to be used to legally take non-game fish only. With an abundant population of non-
game fish (such as carp, gar, and tilapia), 61 miles of shoreline, and fairly clear and protected waters, the Coleto Creek Reservoir provides an ideal recreational opportunity for bowfishing. Upon motion by Director McHaney, seconded by Director Wilson, the Board unanimously approved the use of archery equipment for recreational purposes of taking non-game fish on the Coleto Creek Reservoir in accordance with the guidelines of Texas Parks and Wildlife Department for a one-year trial period. The Chair called for Action Item 8 "Consideration of and possible action selecting an underwriter (s) for the issuance of tax-exempt bonds related to the Seguin building expansion project." The Board discussed the sale of tax-exempt bonds to finance the Seguin building expansion project and the relative merits of utilizing a negotiated bond underwriting versus a competitive bond underwriting. The Board thereafter reviewed and discussed the construction schedule for the project. No action was taken on this agenda item. The Chair then called for Action Item 9 "Consideration of and possible action approving the Canyon Regional Water Authority Hays-Caldwell Plant operating budget." Canyon Regional Water Authority (CRWA) and GBRA entered into a contract in December 1999 for the purpose of operating and maintaining the CRWA-Hays Caldwell Plant located near Martindale, Texas. The plant will receive water from the GBRA San Marcos Raw Water Delivery System as well as from the San Marcos River. The plant is scheduled for substantial completion in the near future, and CRWA staff has reviewed the proposed budget. The contract requires that a budget be prepared for the portion of the Fiscal Year in the initial budget approximately 60 days prior to the commencement date. Upon motion by Director Gary, seconded by Director Schneider, the board unanimously approved the Canyon Regional Water Authority Hays-Caldwell Plant operating budget for Fiscal Year 2002. Next, the Chair called for Action Item 10 "Consideration of and possible action approving the technical memorandum and recommendations for the plant site location for the Western Canyon Regional Treated Water Supply System." The major components of the Western Canyon Regional Treated Water Supply System include the intake structure, raw water lines, water treatment plant, and pipeline delivery system. These components are addressed in the Basis of Design Report prepared for the project. The engineering consulting firm of Malcolm Pirnie, Inc. has evaluated several water treatment processes, and recommended membrane filtration as the preferred process for water treatment. The general plant site location was then selected based on the process. Four potential plant sites in the preferred location have been evaluated for engineering and process considerations, access for construction and operation, and environmental considerations. David Welsch, Director of Project Development, presented the Board with a technical memorandum prepared by Malcolm Pirnie. Upon motion by Director Gary, seconded by Director McHaney, the Board approved the technical memorandum and recommendations for the plant site location for the Western Canyon Regional Treated Water Supply System. A copy of the memorandum and recommendations prepared by Malcolm Pirnie is attached and made a part of these minutes. The Chair called for Action Item 11 "Consideration of and possible action approving an Option and Purchase Agreement for approximately 27.12 acres and associated easements for a water treatment plant site and related water pipeline facilities from David S. Gragg, Perry E. Gragg III, et. al, located in Comal County, Texas for the Western Canyon Regional Treated Water Supply System." The major components of the Western Canyon Regional Treated Water Supply System include the intake structure, raw water lines, water treatment plant, and pipeline delivery system. These components are addressed in the Basis of Design Report prepared for the project. The engineering consulting firm of Malcolm Pirnie, Inc. has made recommendations for a water treatment plant location. These recommendations were presented in the technical memorandum. GBRA representatives have met with the landowners, had the property appraised, Malcolm Pirnie and HDR have evaluated the site and alternatives and recommend it as the primary site. The site has been evaluated for environmental issues.
The GBRA and consultant teams have reviewed and supports the recommendation. The property to be acquired included 27.12 acres and some pipeline easement. The Board made a request that the remaining property located adjacent to the 27.12 acres be restricted to residential or commercial and there is to be no mining or industrial use. Upon motion by Director Gary, seconded by Director McHaney, the Board unanimously approved an Option and Purchase Agreement for approximately 27.12 acres and associated easements for a water treatment plant site and related water pipeline facilities from David S. Gragg, Perry E. Gragg III, et. al, located in Comal County, Texas for the Western Canyon Regional Treated Water Supply System. A copy of the Option and Purchase Agreement is attached and made a part of these minutes. The Chair called for Action Item 12 "Consideration of and possible action authorizing the General Manager to forward a letter to the Edwards Aquifer Authority (EAA) regarding their Critical Period Management Plan as discussed in Executive Session." Bob Keith representing the South Central Texas Water Advisory Committee and the EAA addressed the Board regarding the Critical Period Management Plan and the Edwards Aquifer Authority s creation and purpose. Todd H. Votteler, Ph.D., Director of Water Policy and Special Assistant to the General Manager discussed the short-term approach to reduce pumping during dry periods, historical spring flow and other issues related to the Aquifer. No action was taken at this time. The Chair recessed the meeting at 12:53 p.m. The Chair convened the meeting in Executive Session at 1:00 p.m. The meeting reconvened in open session at 2:10 p.m. The Chair then called for Action Item 12 "Consideration of and possible action authorizing the General Manager to forward a letter to the Edwards Aquifer Authority (EAA) regarding their Critical Period Management Plan as discussed in Executive Session." Upon motion by Director Schneider, seconded by Director Wilson, the Board unanimously approved the General Manager to forward a letter to the Edwards Aquifer Authority regarding their Critical Period Management Plan. A copy of the letter is attached and made a part of these minutes. The Chair then called for Action Item 13 "Consideration of and possible action authorizing amendments to payment provisions, conditions, and/or related terms or provisions in one or more contracts for stored water from Canyon Reservoir that are conditioned upon final disposition of appeals of the issuance by the Texas Natural Resource Conservation Commission on August 9, 2001 of Certificate of Adjudication No. 18-2074E." Upon motion by Director Schneider, seconded by Director Gary, the Board unanimously approved and authorized the General Manager to extend the amended payment provisions, conditions and/or related terms and provisions in those contracts for stored water from Canyon Reservoir that are conditioned upon final deposition of appeals of the issuance by the Texas Natural Resource Conservation Commission (TNRCC) on August 9, 2001 of Certificate of Adjudication 18-2074 as follows: the basin-wide and out-of-district charges be set at fifty percent (50%) of the then-current rates until the earliest of the following: a) the amendment to Certificate of Adjudication 18-2074 issued by TNRCC on August 9, 2001 is final and not appealable; b) the customer begins diverting stored water under Certificate of Adjudication 18-2074 by the terms of the customer s contract with GBRA; or c) August 1, 2002. The Chair called for Discussion Item 14 "Discussion regarding Base Flow Report, Water Quality Index and condition of the Guadalupe Basin." Discussion was had regarding the Base Flow Report, Water Quality Index, and the condition of the Guadalupe Basin. Next, the Chair called for Discussion Item 15 "Local area news articles and related material." Director Schneider asked the Board and GBRA Staff to look at what is happening in New Mexico and how it can relate to what we are beginning to experience in Texas. The Board was briefed on the Texas
Water Safari and our sponsorship of that organization. The Chair called for Discussion Item 17 "Discussion regarding status of strategic planning implementation." Alvin Schuerg, Executive Manager of Finance and Administration explained a quarterly report to the Board that showed the status of the strategic plan. The Chair called for Discussion Item 18 "Presentation of application of geographic information system on the Guadalupe watershed." Agenda Item 18 was deferred. Next, the Chair called for Discussion Item 19 "Discussion regarding a proposed study Linking Freshwater Inflows and Marsh Community Dynamics in San Antonio Bay to Whooping Crane populations." A proposal has been sent out for review to the U.S. Fish and Wildlife Department, Texas Parks and Wildlife, the National Marine Fisheries Service, and the Texas Natural Resource Conservation Commission for comment after which it will be presented to the Board. The Chair then called for Items from the General Manager 20 "Discussion regarding Senate Bill 1 planning and water resource issues." The Board was briefed on activities of the South Central Texas Regional Water Planning Group. The Chair called for Items from the General Manager 21 "Discussion regarding the Interim Legislative Committee charges." The Board was briefed on correspondence from the Governor s office regarding funding issues and a self-assessment report. The Chair called for Items from the General Manager 22 "Discussion regarding the Edwards Aquifer Authority and South Central Texas Water Advisory Committee." The Board was briefed on the activities of the Edwards Aquifer Authority, current Aquifer water levels and withdrawal limits of the Habitat Conservation Plan. Next, the Chair called for Items from the General Manager 23 "Discussion regarding the Land Trust Alliance Rally scheduled for October 26-29, 2002, in Austin, Texas." The Board was briefed on the upcoming Rally and joining efforts with the GBRA Endowment for sponsorship and participation. The Chair then called for Items from the General Manager 24 "Status report regarding the Guadalupe-Blanco River Authority Endowment." A Brief report was given to the Board about the GBRA Endowment participating in the Land Trust Alliance Rally. There being no further business to be brought before the Board, the meeting was adjourned, subject to call by the Chair. Chair
Secretary