2023 11 15 BAWA MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN AREA WATER AUTHORITY
November 15, 2023
The Board of Directors of the Baytown Area Water Authority (BAWA) met in a Regular
Meeting on November 15, 2023, at 4:34 P.M., in the Council Chamber of the Baytown City Hall,
2401 Market Street, Baytown, Texas with the following in attendance:
Brenda Bradley Smith
Mike Wilson
Frank McKay III
Jimmy Smith
Alyssa Linares
John Stringer
Scott Lemond
Angela Jackson
President
Vice President
Secretary
Director
Director
Acting Assistant General Manager
General Counsel
Assistant Secretary
President Brenda Bradley Smith convened the November 15, 2023, BAWA Board Regular
Meeting with a quorum present at 4:34 P.M., all members were present.
1. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing the General Manager to negotiate and execute a
Contingency Fee and Retainer Agreement with Frazer Law, PLC, and Ventura Law to
perform legal services in connection with potential litigation regarding the presence of
Polyfluoroalkyl substances (PFAS), including, but not limited to, PFOA and/or PFOS, in
drinking water, wastewater and soil in the Baytown Area Water Authority's service area.
President Brenda Bradley Smith announced Mr. David Isaac had signed up to speak on Item La.
Mr. Isaac asked the following questions:
1. What are PFAS's, PFOA's and PFOS's;
2. How much of these items are in the water and if there is not an answer; what is the
timeline to receive this information;
3. Who is this attorney and why are we wanting to hire them specifically; and why we chose
them over others; and
4. Will this have an effect on the water bills, as litigations could be very costly.
Counsel Scott Lemond advised the Board that Resolution No. 2023-18 authorizes the General
Manager, pending approval from the Texas Attorney General, to negotiate and execute a
Contingency Fee and Retainer Agreement with Frazer Law, PLC, and Ventura Law to perform
legal services in connection with potential litigation regarding the presence of Polyfluoroalkyl
substances (PFAS), including, but not limited to, PFOA and/or PFOS, in drinking water,
wastewater and soil in the Baytown Area Water Authority's service area. The City Attorney is
requesting that the City enter into a similar arrangement with the firms. Also, Mr. Lemond
clarified that these are contingency fees and that there will be no out of pocket expenses to
BAWA or water rate payers. The Law Firms would only get paid if an award is issued through
BAWA Board Regular Meeting Minutes
November 15, 2023
Page 2 of 7
either litigation or through settlement of claims, and their fee would be 25% of the awarded
amount.
Additionally, Ms. Lemond clarified that PFAS's are chemical substances that are released in
some manufacturing industries and that at this time we do not know if there are PFAS levels in
Baytown, or in BAWA, and that the purpose of entering into a contingency fee arrangement is so
that we can hire the Law Firms with the expertise to do the following:
• litigate claims on behalf of the City of Baytown and BAWA
• how to test for the subjects; and
• to find scientific testing companies who can conduct the proper studies.
The reason these Law Firms have been chosen is because these Law Firms have been involved in
litigation for this item for several years already. Mr. Lemond once again clarified that this item
will not affect the water rates and that if any monies are awarded, the monies would return to
BAWA, and offered any further questions from the Board.
Secretary Frank McKay III asked for further explanation of this item as to why we are in
potential litigation and with who we would be in litigation with. Mr. Lemond explained that
DuPont has entered into a preliminary settlement in a multi -district litigation for several billion
dollars. DuPont was the manufacture of this specific substance which is used for coatings of
multiple materials such as pipes, firefighting equipment and foam, and other items as well, and
that when the substance enters into water it expands rapidly, and that the Environmental
Protection Agency ("EPA") has determined this substance as unsafe at certain levels. The Law
Firms would conduct the testing to determine if levels exceed the levels which will be
established by the EPA, based on that testing data the Law Firms would be responsible to ensure
the proper award based on the level of tier of settlements that were established by the Federal
Courts.
Director Alyssa Linares reiterated that in her industry she has also experienced this item and
other class action lawsuits associated to this item and expressed her support and need for this
item. Mr. Lemon further clarified that this particular portion of the lawsuit is specific to water
systems and that there will be other separate lawsuits that will address other items such as ground
water, fire fighter equipment and etc. Additionally, Council will also have their own item that
will go before Council for consideration that is separate and apart from this item to address non
BAWA items.
Secretary McKay questioned a timeline for testing to which Mr. Lemond responded possibly in
the next 18 to 24 months depending on the outcome of the EPA's ruling with rating levels.
Director Alyssa Linares questioned the plan for next steps if the testing does show levels of the
substances to which Mr. Lemond responded that regardless of the lawsuit status there would be
further discussions and plans on how to proceed if unhealthy levels are detected.
A motion was made by Secretary Frank McKay III, and seconded by Vice President Mike
Wilson to approve Resolution No. 2023-18, related to Item La. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank
McKay III, Director Jimmy Smith, Director Alyssa Linares
Nays: None
Approved
RESOLUTION NO. 2023-18
BAWA Board Regular Meeting Minutes
November 15, 2023
Page 3 of 7
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
AREA WATER AUTHORITY AUTHORIZING THE GENERAL MANAGER
TO NEGOTIATE AND EXECUTE A CONTINGENCY FEE AND RETAINER
AGREEMENT WITH FRAZER LAW, PLC, AND VENTURA LAW TO
PERFORM LEGAL SERVICES IN CONNECTION WITH POTENTIAL
LITIGATION REGARDING THE PRESENCE OF POLYFLUOROALKYL
SUBSTANCES (PFAS), INCLUDING, BUT NOT LIMITED TO, PFOA
AND/OR PFOS, IN DRINKING WATER, WASTEWATER AND SOIL IN THE
BAYTOWN AREA WATER AUTHORITY'S ROPERTY; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution amending Resolution No. 2023-17 approved by the Board of
Directors of the Baytown Area Water Authority (BAWA) on October 18, 2023, to correct
the dollar amount authorized for the award of the purchase and replacement of HVAC
units at the Baytown Area Water Authority, located at 7425 Thompson Road, Baytown
Texas.
General Counsel Scott Lemond presented Agenda Item Lb. and stated that Resolution No. 2023-
19 amends Resolution No. 2023-17 approved by the Board of Directors of the Baytown Area
Water Authority (BAWA) on October 18, 2023, to correct the dollar amount authorized.
Resolution 2023-17 awarded the bid for purchase and replacement of HVAC (Heating,
Ventilation, and Air Condition) units at the Baytown Area Water Authority (BAWA) to
American Mechanical Services of Houston, LLC., in an amount not to exceed $236,455.00.
However, the resolution incorrectly stated the dollar amount as $160,000.00. President Brenda
Bradley Smith noted that this item was presented to the Board at their last meeting that was held
on October 18, 2023, and that the amount was stated correctly when the items was presented to
the Board by Staff Members.
A motion was made by Director Jimmy Smith, and seconded by Secretary Frank McKay III to
approve Resolution No. 2023-19, related to Item Lb. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank
McKay III, Director Jimmy Smith, Director Alyssa Linares
Nays: None
Approved
RESOLUTION NO. 2023-19
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
AREA WATER AUTHORITY AMENDING RESOLUTION NO. 2023-17,
APPROVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
BAWA Board Regular Meeting Minutes
November15,2023
Page 4 of 7
WATER AUTHORITY (BAWA) ON OCTOBER 18, 2023, TO CORRECT THE
DOLLAR AMOUNT AUTHORIZED FOR THE AWARD OF THE PURCHASE
AND REPLACEMENT OF HVAC UNITS AT THE BAYTOWN AREA
WATER AUTHORITY, LOCATED AT 7425 THOMPSON ROAD,
BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
2. REPORTS
a. Receive a report on status of the Baytown Area Water Authority East Expansion
Project.
Ms. Lindsay Kovar, Public Works Director, and Ian Pietz, Public Works Senior Project Manager,
Representatives with BGE, Inc. (Owner's Advisor) presented the status report for the Baytown
Area Water Authority (BAWA) East Plant Expansion Project. (Exhibit A)
3. MANAGER'S REPORT
a. The next Baytown Area Water Authority meeting is scheduled for Wednesday,
January 17, 2024, at 4:30 p.m., in the Council Chamber located at City Hall, 2401 Market
Street, Baytown, Texas 77520.
Acting Assistant General Manager John Stringer presented the Managers Report by stating the
next BAWA meeting is scheduled for Wednesday, January 17, 2024, at 4:30 P.M., in the Council
Chamber.
4. ADJOURN
With there being no further business to discuss, President Brenda Bradley Smith adjourned the
November 15, 2023, BAWA Board Regular Meeting at 5:02 P.M.
pREA
Angela Jackson, Assist atl cr 92
City of Baytown
Exhibit A — Item 2.a
BAWA Board Regular Meeting Minutes
November 15, 2023
Page 5 of 7
Baytown Area Water Authority East Expansion Project Status Report
BAWA East Water Plant
Progress Report
ftw , 15. 20a
BAWA East SWTP Phase 2 Expansion —Agenda
• Owner Advisor Services Overview
• Tentative RFQ and RFP Schedule
• RFQ Evaluation Criteria
• Components of expansion from 6 to 12 MGD
Tentative RFQ and RFP Schedule
n RFQ KMiffy MK_r.q
0.10 33.2223
APPmumaley 23 Peope alt , n
13 00MW K: w RPRWIA 3.
a 3] totals L�r0m'a0ma mecmq an] 52e nut
n idd0c RFD
Novam0er 2.2023
x PtaSQQ tel mMtlng
NOvwntw 2023
202
for Gu
n quMtlOm
N0 3a.
30.2023
3u"t Sfor
SOp
e S00
Mwr
DecamEar fa, 2023
. �Q Erelua0m ana Startzat S2ecor
E
.aruary 12, e 24
n Prue RFP
30
202
Pr�iriapoiX tdeHnq.'C0mI0FrC31 Mef!tlry5 ('�Eettl
FerUJy , 202:
ADM
p
, .ntuA
241. 02
Pay 2d.21123
Int,F its (OVe rcreWve0)
dm
May 202d
CCFL
,^,Clec'[an NotQ'iallmi
Sej
31.
May 31, 2a24
BAWA Board Regular Meeting Minutes
November 15, 2023
Page 6 of 7
RFQEvaluation
n>�Y.�s� wM�P+.P �•
Design Request Items
udr.b IF hav anWor Y;j=
MCcf 54[gn 9YGaz
exeJ Ramp 6DY.RYo1 LLP5
:.JOLKNI Slu +yt L:a4. n(it
me/t, Oicmlol eun non
rvr�c�s uq
:mG �4CKG.MCfILmKil lmr.
AOGLKNI (afW11J SMIip[ linl
ma 1 sM:o Tm�mKne oGacny ITt�c,
SlMlm[DrXKn. NMraewt Batllvis:tl,
InH1ouY! jpf.KC G YmprsmmlryT PbIRy
Mamtenan<p alllWry: G fqulp SMryL
WMCnNI l OPAI 5lw Son
p ee&p4 pMirepMM vampS4vcN
P 1 vianp C4ifiZ
We I.e llecSn[y l::ue: wfMotCrt
60P iI hKiO F.pn.Ym
.D�J HL C�PnMr
...Fus m Bann
n8cln
F V
r
fl il.
S� ��yy
41
lB G- J ♦aT i
2D Pu v nPm
P
l3 9rd I GB. 6Pu-m
— -
}p-0�SYI UYv�Jn
`I IAA' 9aLL Y
YPn �iPrw.aWi
BAWA Board Regular Meeting Minutes
November 15, 2023
Page 7 of 7
6 to 12 MGU Expansion
- __ 6b1SNWfawmiun
IS YMw Slum lyuvn
'.ElpitlW �nwuna-��na
-------------
a