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2014 04 16 BAWA MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY April 16, 2014 The Board of Directors of the Baytown Area Water Authority (BAWA) met in a Regular Meeting on Wednesday, April 16, 2014, at 9:02 A.M., in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Mike Wilson Vice President Wayne Baldwin Secretary Brandon Benoit Director Frank McKay Director Robert D. Leiper General Manager Ignacio Ramirez, Sr. General CC7unsel Leticia Brysch Assistant Secretary President Bradley Smith convened the April 16, 2014, Baytown Area Writer Authority (BAWA) Board Regular Meeting with a quorums present at 9:02 A.M., all members were present with the exception of President Brenda Bradley Smith who was absent. 1. MINUTES a. Consider approving; the minutes of the Baytown Area 'Water Authority Board's Regular Meeting; held on March 19, 2014. A motion was made by Director Frank McKay III and seconded by Director Brandon Benoit approving; the March 19, 2014, BAWA Board Regular Meeting minutes. The vote was as follows: Ayes: Secretary Wayne Baldwin, Director Brandon Benoit, Director Frank McKay 111, Vice President Mike Wilson Nays: None Other: President Brenda Bradley Smith (Absent) Approved 2. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase of real property for tide BAWA East Project. BAWA Beard Regular Meeting Minutes April 16, 2014 Page 2 of °5 At 9:03 A.M., Vice President Wilson recessed into and conducted an executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase ofreal property for the BAWA East Project. With there being no one registered to speak, Vice President Wilson reconvened the open meeting at 9:23 A.M. and announced that to accordance with Section 551.102 of' the Texas Open Meetings Act, no action was taken in the Executive Session. 3. PROPOSED RESOLUTIONS a. Consider a resolution authorizing advance funding for the purchase of real property for the BAWA East Project. General Manager Leiper presented the agenda item and stated than Resolution No. 2014 -4 authorizes the advance funding of an amount not to exceed $3,000,000 for the purchase of real property for the BAWA East Project. He stated that advanced funding authorization meets the IRS requirement that allows the City to use cash on hand and then be reimbursed for future bond sales. Additionally, he stated that this is done by using savings, fund balance, and unencurnbered funds to minimi e the number of bond sales. A motion was made by Secretary Wayne Baldwin and seconded by Director Brandon Benoit. approving Resolution No. 2014 -4. The vote was as follows: Ayes: Secretary Wayne Baldwin, Director Brandon Benoit, Director Frank McKay III, Vice President Mike Wilson Mays: None Other: President Brenda Bradley Smith (Absent) Approved I0110 "l 111L9.RIi: 91111•I]!MI A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BAWA Board Regular Meeting Minutes April 16, 2014 Page 3 of 5 b. Consider a resolution authorizing the purchase of real property for the BAWA East Project. General Manager Leiper presented the agenda item and stated that Resolution No. 2014 -5 authorizes the purchase of real property for the BAWA East project for an amount not to exceed $3,000,000 and allows the General Manager to negotiate the terms of the transaction. He further stated that staff anticipates that there will be an interlocal agreement as part of this transaction which will be brought before the beard. A inotion was made by Director Brandon Benoit and seconded by Secretary Wayne Baldwin approving Resolution No. 2014 -5. The vote was as follows: Ayes: Secretary Wayne Baldwin, Director Brandon Benoit, Director Frank McKay 11I, Vice. President Mike Wilson Nays: None Other: President Brenda Bradley Smith (Absent) Approved RESOLUTION NO. 2014 -5 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY AUTHORIZING THE GENERAL MANAGER TO NEGOTIATE AND EXECUTE AN EARNEST MONEY CONTRACT FOR THE PURCHASE OF PROPERTY FOR THE BAWA EAST PROJECT; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED THREE MILLION AND NO /100 DOLLARS ($$3,000,000); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider a resolution adopting; the Water Conservation/Drought Contingency Plan for Texas Commission on Environmental Quality. General Manager Leiper presented the agenda item and stated that Resolution No. 2014 -6 is for the updated Water Conservation/Drought Contingency Plan that must be approved by the BAWA Board and submitted to the Texas Commission on Environmental Quality (TCEQ). fie stated that the last plan was approved, adopted, and submitted to TCEQ on April 15, 2009, and is unchanged. A motion was made by Director Frank McKay III and seconded by Director Brandon Benoit approving; Resolution No. 2014 -6.The vote was as follows: Ayes: Secretary Wayne Baldwin, Director Brandon Benoit, Director Frank McKay I11, Vice President Mike Wilson BAWA Board Regular Meeting Minutes April 16, 2014 Page 4 o05 Nays: None Other: President Brenda Bradley Smith (Absent) Approved RESOLUTION NO. 2014 -6 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY ADOPTING THE BAYTOWN AREA WATER AUTHORITY'S WATER CONSERVATION/DROUGHT CONTINGENCY PLAN; AND PROVIDING FOR THE EFFECTIVE BATE THEREOF. 4. MANAGER'S REPORT a. The next Baytown Area Water Authority meeting is scheduled for Wednesday, May 21, 2014, at 9:00 A.M., in the Cite Council Chamber, 24011, Market Street, Baytown, Texas 77520. General Manager Leiper presented the agenda item and stated that the next Baytown Area Water Authority meeting is scheduled for Wednesday, May 21, 2014, at 9:00 A.M.. in the City C[bmic]I Chamber, 2401 Market Street, Baytown, Texas 77520. 5. REPORTS a. Receive the Baytown Area Water Authority's. Revenues and Expenditures Report for the Quarter Ending March 31, 2414. h. Receive the Baytown Area Water Authority's Quarterly Investment Report for the Quarter Ending March 31, 2014. Finance Director, Louise Richman presented the Baytown Area Water Authority's Revenues and Expenditures Report for the Quarter Ending March 31, 2014. She stated that the revenues were on target and that the item in the report under miscellaneous has to do with a late fee. She further stated that personnel was under budget clue to the vacancies that were at the first Half of the year. She stated that the main expense in supplies were for the raw water that was purchased from the City of Houston. Additionally, she stated that the capital outlay of 571,000 was for prior BAWA plant improvements which will be taken at the third quarter of the year. Ms. Richman stated that the ending balance for this report is $16.8 million and the average interest was .03 12 %. 6. ADJOURN A motion was made by Secretary Wayne Baldwin and seconded by Director Frank McKay III adjourning; the April 16, 2014, BAWA Board Regular meeting. The vote was as follows: BAW A Board Regular Meeting Minutes April 16, 2014 Page 5 of 5 Ayes: Secretary Wayne Bakk%rin, Director Brandon Benoit, Director Frank McKay I11, Vice President Mike Wilson Nays; None {ether: President Brenda Bradley Smith (Absent) Approved With there being no further business to discuss, Vice President Wilson adjourned the Wednesday, April 16, 2014, Baytown Area Water Authority (BAWA) Board Regular Meeting at 9:32 A.M. 4z 1�� - Leticia Brysch, Assistant Sedetary City of Baytown r,