1981 07 20 BAWA Minutes 10720-1
MINUTES OF THE SPECIAL MEETING
OF THE BOARD OF DIRECTORS
OF THE BAYTOWN AREA WATER AUTHORITY
July 20, 1981
The Board of Directors of the Baytown Area Water Au-
thority, Harris County, Texas, met in special session on
Monday, July 20, 1981 , in the Conference Room of the Baytown
City Hall with the following attendance :
Robert L. Gillette, President
4110 I . J. Butrick, Vice President
Peter R. Buenz, Secretary
Harry F. Hartman, Board member
Absent : Dr. Robert E. Hill , Board member
The meeting was called to order and the following
business was transacted:
Consider Adoption of 1981-82 Budget
Fritz Lanham, General Manager, explained that the
only change in the budget from the original presentation
is that $35, 000 had been added under personal services .
In the original presentation no adjustment had been made
for cost of living increases .
Board member Buenz moved to recommend to City
Council that the proposed 1981-82 BAWA Budget - Level 3
be approved; Board member Butrick seconded the motion.
The vote follows :
Ayes : Board members Buenz, Butrick, Gillette and
Hartman
Nays : None
Consider Resolution Concerning Location of Chemical Waste
Dump Site in Liberty County
Dan Jackson, Assistant City Attorney, explained that
he had spoken to the County Judge of Liberty County who had
informed him that Commissioners Court of Liberty County had
adopted a resolution requesting that the Texas Department
of Water Resources reject the request for permit to operate
a chemical dump site four miles west of Dayton on Highway
1960 due to its close proximity to Lucius Bayou, the Trinity
River and various tributaries which feed to the river. The
suggested site is very low and subject to flooding which
runoff would flow to the various watersheds heretofore
mentioned.
The City of Houston is also considering action
condemning the issuance of a permit for that site.
Mr. Lanham stated that he had read where Rollins
is in the process of negotiating a sale of the environ-
mental services division of the company. Therefore , he
felt that the resolution should speak to the application
of Rollins Environmental Services , Inc . , as well as their
assigns .
10720-2
Minutes of the BAWA Board - July 20, 1981
Board members Gillette stated that he had spoken
to Johnny Jennings with the CIWA Board who had stated that
the projected life of the substance being proposed to be
disposed of at this site is quite long and the substance
is very potent .
In response to an inquiry from the Board, Pete
Styner with the firm of Lockwood, Andrews and Newnams , Inc .
stated that the plant as presently designed and operating
would not have the capability to treat this substance .
Board member Butrick moved to adopt the proposed
resolution with the proviso that the resolution is amended
to reflect that the provisions of the resolution apply to 41/1
Rollins Environmental Services, Inc. , as well as their
assigns . Board member Hartman seconded the motion. The
vote follows :
Ayes : Board members Buenz, Butrick, Gillette
and Hartman
Nays : None
The resolution is attached hereto and considered
a part hereof for all intents and purposes .
Recess
The open meeting was recessed into executive session
to discuss contemplated litigation. When the open meeting
reconvened, the following business was transacted:
Consider Authorizing the General Manager to Direct Angleton
General Mechanical to Comply with Inspection Procedures
The consulting engineers have been having some dif-
ficulties with Angleton General Mechanical regarding inspection
procedures on the portion of line along Lynchburg Cedar Bayou
Road. In an effort to respond to these problems , the Ad-
ministration drafted a letter for Board review which sets
forth certain provisions of the contract that provide for
inspection and observation of the line while work is in
progress .
Board member Buenz moved to authorize the General
Manager to execute and forward the letter as modified by
the Board; Board member Butrick seconded the motion. The
vote follows :
Ayes : Board members Buenz, Butrick, Gillette
and Hartman
Nays : None
A copy of the letter is attached to the minutes 401
as Attachment "A. "
There being no further business to be transacted,
the meeting was adjourned.
_ fit f.
Peter R. Buenz, Secretary
1
A RESOLUTION OF THE BAYTOWN AREA WATER AUTHORITY
SUPPORTING LIBERTY COUNTY AND ITS VARIOUS MUNICIPALITIES
IN THEIR OPPOSITION TO THE PLACEMENT OF A CHEMICAL
WASTE DISPOSAL SITE IN THEIR COUNTY.
WHEREAS , the Commissioner ' s Court of Liberty County has
• passed a resolution opposing the placement of a chemical
waste disposal site planned to be developed in Liberty
County by ROLLINS ENVIRONMENTAL SERVICES , INC. , and their assigns.
WHEREAS, numerous municipalities within Liberty County
have also expressed their opposition to such a site;
WHEREAS, the planned site poses a potential danger to
the watershed areas of the Trinity River , Lake Houston and
others;
WHEREAS , Liberty County is a highly populated county
and is surrounded by numerous populated communities which
are subject to this danger;
WHEREAS, this planned site by ROLLINS ENVIRONMENTAL
Services, Inc. could impact the health, safety and welfare
of all peoples within a broad area;
WHEREAS, the Baytown Area Water Authority receives its
water supply from the Trinity River;
WHEREAS , the citizens of Baytown and its surrounding
area whom the Baytown Area Water Authority serves are placed
under this ominous and unwarranted intrusion into their
lives;
BE IT RESOLVED BY THE BAYTOWN AREA WATER AUTHORITY:
Section 1 : That the BAYTOWN AREA WATER AUTHORITY supports
Liberty County and its various municipalities in their
opposition to the placement of a chemical waste disposal
site in their county :
Section 2 : That the Baytown Area Water Authority urges
the Texas Department of Water Resources and other governmental
agencies connected with the permitting of such a facility to
deny ROLLINS ENVIRONMENTAL Services, Inc. and their assigns
the right to construct this planned site.
Section 3 : This Resolution shall take effect from and
after its passage by the Baytown Area Water Authority.
INTRODUCED, READ and PASSED by the affirmative vote of
• the Baytown Area Water Authority on this 20th day of
July , 1981 .
ROBERT L. GILLETTE , President
ATTEST:
ETER R. BUENee et ary
•
ATTACHMENT "A"
ef. BAYTOWN AREA WATER AUTHORITY
t# 2401 Market Street P.O. Box 424
'. �F Baytown, Texas 77520
OUR sEP
July 20, 1981
Mr. C. J. Hogue, Jr.
President
Angleton General Mechanical Inc.
5616 Royalton
Houston, Texas 77081
Re: Baytown Area Water Authority Transmission Line
•
Dear Mr . Hogue :
The Baytown Area Water Authority board of directors
have instructed me to write you a letter regarding the
transmission line which Angleton is constructing. The Board
has received from Lockwood, Andrews and Newman , Inc. , several
letters indicating problems developing in the progress of
that line. In order to ward off any possible further delays
in the project , it is their desire to clear up several
potential problem areas.
Initially, there has been some misunderstanding as to
inspections on and in the line. I point you to the Contract
under Paragraph 3. 2(c) which states that the Owner will have
access at all times to the work whenever in preparation or
progress. This is a condition Baytown Area Water Authority
expects Angleton to abide by, and unless an inspection is
completed and approved according to the contract and procedures
established, Baytown Area Water Authority will not accept
the line or pay for it . In connection with this , please
observe Paragraph 4. 2 dealing with the Engineer' s right to
inspection and observation of the progress of the line. See
also paragraph 5.2(a)(2) .
I will also direct your attention to Paragraph 7. 3.
This allows the Engineer to remove any part of the line he
feels is defective or not according to specifications. If it
is indeed defective the costs of such removal , etc. will be
borne by the Contractor. If it is found to be satisfactory,
then the Contractor may submit his claim for additional
costs. However, if the Contractor proceeds with the work
without requesting an inspection or approval that is required
in the contract , no claim will be allowed. Such neglect
shall be borne by the Contractor. In this regard, note
Paragraph 8. 11 and 9. 5 detailing the Contractor ' s duty to
•
PLANT LOCATION AT 1-10 AND THOMPSON ROAD PHONE 426-3517
notify the Engineer of completed work and request for inspection .
Thus, the Baytown Area Water Authority will consider
the failure of Angleton to abide by the Contract provisions
a breach of the Contract and will take appropriate action to
remedy it .
Inspections will be made in the future as they have
been made in the past . The inspection procedures have been
in accordance with the General Condition of the Contract
and procedures established and agreed upon by both parties.
• The Baytown Water Authority feels inspections are necessary
and ample justification exists for such as our experience with
the Thompson Road line graphically illustrates .
As you know, this project is far overdue as per the
Contract documents. Any further delays simply tend to
increase the damages suffered by the Baytown Area Water
Authority in completing this section of the line .
It is our hope that this letter will provide direction
so that the delays and misunderstanding presently encountered
can be eliminated .
Sincerely yours,
IT , NIAM
General Manager
cc: Insurance Company of North America
James J. Braniff & Co.
One Greenway Plaza East
Houston, Texas 77046
•