BRAZOSPORT WATER AUTHORITY

REGULAR SESSION

MAY 25, 2010

THE STATE OF TEXAS §

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COUNTY OF BRAZORIA §

BE IT KNOWN that the Board of Directors of the Brazosport Water Authority met in Regular Session on Tuesday, May 25, 2010 in the Brazosport Water Authority Conference Room located at 1251 FM 2004, Lake Jackson, Texas with the following present:

Angleton – Larry Shaefer

Brazoria – Kirby Jordan

Clute – Joe Damian

Freeport – Absent

Lake Jackson – Juan Longoria III

Oyster Creek – Absent

Richwood – Absent

Others – Wyatt Ringgold, Vanessa Rudkin, Frank Mauro, Judy Shaefer, Christina Fratila, Nick Fratila and Katlynn Lanham

CALL TO ORDER

With a quorum present, Director Longoria called the meeting to order at 6:04 p.m.

CITIZEN COMMENTS

Director Longoria read a statement for the record from Brazosport Water Authority’s former Oyster Creek Board Member as follows:

“I would like to express my opinion as an ex-board member and someone who has watched the actions of the board quite closely since I left. Being a citizen of one of the member cities, and there fore a customer and consumer of your main product, I would like my full statement read into the record at the next board meeting. Mr. Boykin, if you would be so kind as to do this?
I mentioned main product above. I did this because lately the board has some by-products. These offerings come from some newer members of this board that have decided to use their appointment here as an opportunity to show how little they understand about working together as a team with a diverse makeup.
I have seen see ill-informed comment after insult after ridiculous public statement made in the local press by these two members. The disgrace you have brought upon the good name of this institution is uncalled for and unforgivable. You seem to think that the bad guys sit in the same board room as you do. Such is not the case. Without exception, every member of the board that was present when I was a member, worked hard to ensure the success of the water authority, its customers and to put forth the necessary effort to accomplish those legitimate goals. Specifically, I will mention Landon Roberts and Frank Mauro. While Mr. Mauro is a contracted legal representative, he has also been the victim and target of your inexcusable abuse. Mr. Roberts was simply driven too hard for too long to put up with your abuse any longer. And for that you should be ashamed. Your sponsor cities should also be ashamed for having put your names forth for this important job that you have shown was just a bit much for your abilities.
Since these misfit members have been involved with the board, I see antagonism, hostility and an almost eager willingness to drag the water authority and its board through the petty political mud that these members generate with their ill-conceived campaign to "straighten the board out."
Well, gentlemen, (and I use this term as a manner of speaking and not because either one of you are specifically deserving of it), where I come from, if you are in an organization and you have a complaint, you put together your best argument and present it to the group. If you have a good point, then you should end up with some support for your idea .If you don’t, then accept the decision of the majority of the group and go back
to work to improve the organization.
When you suffer a defeat of ideas as you have, what you don't do is start slandering good people who have given years, YEARS, of their life to the goals of the water authority and decide to make them your whipping boys.
Please do this board and the citizens of southern Brazoria County a favor and resign immediately.
In my humble opinion, that is the only redemption for you at this point.”
Jim Overly
Oyster Creek

CONSIDER APPROVAL OF MINUTES

Discussed and considered approval of minutes from April 27, 2010 regular session meeting. Briefly discussed amendments to BWA’s Personnel Policy and had legal counsel present their opinion regarding wording of probationary employee in that policy. A Motion was made by Director Shaefer to adopt the minutes from April 27, 2010. Director Damian seconded, with a vote of:

Ayes: Shaefer, Jordan, Damian, Longoria

Nays: None

Absent: Burke, Hernandez

REVIEW MONTHLY EXPENDITURES/CONSIDER APPROVAL OF FINANCIAL REPORTS

Discussed and reviewed Financial Reports and Accounts over $1,000 Report. Director Shaefer said he received a call from The City of Freeport regarding the accuracy of billing from June 2007 through September 2008, specifically whether or not the capital/expense portions on the invoice were mathematically accurate according to the numbers on the invoice. Director Shaefer then contacted The City of Angleton and received copies of invoices for the same time period from them in order to review those invoices for inaccuracies in billing. At this time, Brazosport Water Authority’s Administrative Assistant explained to him that the numbers appearing on those invoices are inaccurate, however, the total amount billed was accurate. This topic will be placed on the agenda for discussion at our next monthly meeting. A motion was made by Director Damian to approve the monthly expenditures and financial reports. Director Shaefer seconded, with a vote of:

Ayes: Shaefer, Jordan, Damian, Longoria

Nays: None

Absent: Burke, Hernandez

GENERAL MANAGER’S REPORT

Items of discussion included:

a.)  Reservoirs – We are currently 90% Brazoria Reservoir and 10% Harris Reservoir. At 8:00 a.m. the Brazos River at Rosharon was 12.81 feet and 7,310 cubic feet per second or 3,280,728 gallons per minute and at Richmond was 14.69 feet and 6,330 cubic feet per second or 2,840,904 gallons per minute.

b.)  Personnel – We held a staff meeting on April 28, 2010 to discuss plant performance and items around the plant and also had a seven minute safety trainer. On May 4, 2010 we had mandatory CPR training which is required by the EPA for the amount of Chlorine that BWA keeps on hand. On May 17, 2010 we had mandatory SCVA training.

c.)  Board President Resignation – Received resignation letter from Brazosport Water Authority Board President Steve Boykin on April 30, 2010.

d.)  Emergency Interruptible Load Service - Brazosport Water Authority Interim General Manager sent an email to Robert Hanvey with Comverge regarding the emergency interruptible load electricity service on May 3, 2010 and we have not had a response from him.

e.)  Water Leak on Dixie Drive – On May 5, 2010 we had Matula & Matula Construction out to work on a water leak at Jack in The Box on Dixie Drive in Clute and we had to order repair clamps before work started. The leak was found to be a 3/4 “ service line that nobody knew about and The City of Clute agreed to pay the bill for Matula & Matula if BWA would pay the bill for the clamps. We tried to have the clamps returned but due to a high restocking fee decided to keep them on hand for future use.

f.)  Manhole Elevation – We were notified on May 6, 2010 by Williams Brothers working on FM 2004 that a BWA manhole at the intersection of Deerwood and FM 2004 will need to be raised to meet a change in the road elevation. Met with Matula & Matula on May 19, 2010 about having the elevation of the manhole changed.

g.)  Advertisement for General Managers Position – On May 6, 2010 the ad for the General Manager was placed with The Facts and TWUA on line and will run in the May journal. Once we heard back on pricing quotes from additional papers and publications as requested by the Board of Directors we determined that the cost for advertisement in all of the publications would be to expensive and decided the only additional advertisement that would be made would be in The Houston Chronicle for four Sundays.

h.)  Nitrification Burnout – On May 12, 2010 we notified TCEQ and BWA Customers of Nitrification Burnout in distribution system on May 18, 2010 through May 21, 2010.

i.)  Replacement Computers – On May 14, 2010 we had to order two replacement computers due to loss of function. One for Chief Operator Bobby Stahl and one plant back up computer

j.)  High Service Drive #5 – High Service Drive #5 was placed back in service on May 17, 2010.

k.)  Brazoria Power Failure – Brazoria had a power failure on May 18, 2010 and BWA personnel talked with Brazoria Operator and their valve had to be manually closed to prevent tank from overflowing. Power was restored at around 5:00 a.m. and the valve was put back into auto position at that time.

l.)  Raw Water Pump #2 – On May 21, 2010 raw water pump #2 was pulled for warranty repairs.

m.)  Edward Jones Investments – On May 24, 2010 we talked with Jeff Barfield at First National Bank who recommended that we talk with Morgan Keegan to be the custodian for BWA to reinvest moneys sold by Edward Jones in March 2010. We will be meeting with Morgan Keegan on May 27, 2010.

n.)  Questions from Director Shaefer for April 27, 2010 Meeting – We received some questions from Director Shaefer regarding our April 27, 2010 meeting and determined that it would be good to respond to those questions during this General Managers Report so the entire Board of Directors could benefit. Those questions are as follows:

1.  “Is there a written policy on the $10,000 award policy/plan?”

Answer: No.

2.  “Is there a list of awards made in the Fiscal Year 2008 and 2009?”

Answer: Yes

3.  “Why were the 3 bonds cashed in and upon whose advice was that done?”

Answer: Edward Jones sold those 3 bonds to remain compliant with Brazosport Water Authority’s Investment Policy.

4.  “Is there a written agreement with Dow on the 2009 emergency water release?”

Answer: No.

5.  Director Shafer also later questioned what amount the bonds were sold for.

Answer: The amount originally invested for those three bonds was $158,171.10 and they were sold for $157,903.21 but with interest earned in the month of March 2010 we actually had a gain on those bonds.

DISCUSS/CONSIDER BRAZOSPORT WATER AUTHORITY HURRICANE PROCEDURES

Discussed and reviewed Brazosport Water Authority’s current Hurricane Procedures as approved by the Board of Directors May 26, 2009. A motion was made by Director Shaefer to approve the current draft of hurricane procedures with changes as noted. Director Jordan seconded, with a vote of:

Ayes: Shaefer, Jordan, Damian, Longoria

Nays: None

Absent: Burke, Hernandez

DISCUSS/ADDRESS APPROVAL OF CHAIN OF COMMAND FOR CONTACTING BWA ATTORNEY TO REQUEST WORK

No action taken.

DISCUSS/CONSIDER APPROVAL OF CRITERIA FOR THE POSITION OF BWA’S GENERAL MANAGER

Discussed and reviewed changes to be made to the criteria for the position of Brazosport Water Authority’s General Manager. A motion was made by Director Jordan to approve the criteria for the position of Brazosport Water Authority’s General Manager with changes as noted. Director Shaefer seconded, with a vote of:

Ayes: Shaefer, Jordan, Damian, Longoria

Nays: None

Absent: Burke, Hernandez

DISCUSS/CONSIDER BRAZOSPORT WATER AUTHORITY’S PRELIMINARY 2010/2011 EXPENSE BUDGET

Discussed and reviewed Brazosport Water Authority’s preliminary 2010-2011 Expense Budget. This item will be discussed again at next months meeting for approval.

DISCUSS/CONSIDER APPROVAL OF BRAZOSPORT WATER AUTHORITY’S PARTICIPATION IN AN EMERGENCY INTERRUPTIBLE ELECTRICITY LOAD SERVICE

Discussed and reviewed concerns about possible risks that could be involved with an emergency interruptible electricity load service. This item will be discussed again at our next monthly meeting.
DISCUSS/CONSIDER APPROVAL AND STATUS OF CAPITAL PROJECTS/ MAINTENANCE PROJECTS

Brazosport Water Authority’s Interim General Manager presented the Board of Directors with the current status of capital and maintenance projects.

DISCUSS/CONSIDER APPROVAL OF CRITERIA FOR THE POSITION OF BWA’S GENERAL MANAGER

Discussion on this topic was reopened at this time so Brazosport Water Authority’s Interim General Manager could present the Board of Directors with licensing requirements for surface water treatment. No additional motions were made.

DISCUSS/CONSIDER APPROVAL OF AGENDA ITEMS FOR NEXT MEETING:

1.  Installation of new appointed member

2.  Election of Officers

3.  Performance Award Guidelines

4.  Approval of 2010/2011 Expense Budget

5.  Brazos River Water Issues

6.  Emergency Interruptible Electricity Load Service

7.  Morgan Keegan Investments

8.  Discussion of Angleton Billing From June 2007 Through September 2008

A motion was made by Director Jordan to approve agenda items for our next meeting. Director Shaefer seconded, with a vote of:

Ayes: Shaefer, Jordan, Damian, Longoria

Nays: None

Absent: Burke, Hernandez

With no other business before the Board a motion was made by Director Jordan to adjourn the meeting at 7:43 p.m. Director Damian seconded, with a vote of:

Ayes: Shaefer, Jordan, Damian, Longoria

Nays: None

Absent: Burke, Hernandez

These minutes read and approved this ______day of June, 2010.

Juan Longoria III, Acting Board President