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2009 10 28 BAWA MinutesMINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY October 28, 2009 The Board of Directors of the Baytown Area Water Authority, Harris County, Texas, met in Regular Meeting on Wednesday, October 28, 2009 at 8:06 A.M. at the Municipal Services Center in the Administrative Conference Room, 2123 Market Street, Baytown, Texas, with the following in attendance. John Sandhop President Wayne Baldwin Director Brenda Bradley Smith Director William Gidley Director Vice President Dan Mundinger was absent from the October 28, 2009 Regular Meeting. President Sandhop convened the October 28, 2009 Regular Meeting with a quorum present at 8 :06 A.M. 1. MINUTES a. Approve the Minutes of the Baytown Area Water Authority (BAWA) Board Regular Meeting held on August 19, 2009. Motion was made by Director Smith, seconded by Director Gidley approving the minutes from the August 19, 2009 Regular Meeting. Ayes: Directors: Smith, Gidley, and President Sandhop Nays: None Abstention: Director Wayne Baldwin The motion carried. 2. BUSINESS ITEMS a. BAWA Improvements Plan 2009 — Engineering. City Manager, Garry Brumback presented the agenda item. A review of qualifications, presentations, and recommendation were presented to designate a professional design firm for completion of the BAWA Improvements Plan 2009. Page 2 of 4 Minutes of the October 28, 2009 BAWA Board Meeting In 1999 a complete evaluation of the BAWA water treatment plant was performed and a master plan for improvements over the following five (5) years was developed. The first phases of these improvements were completed in 2003. During the past ten (10) years water quality regulations have been adjusted; the equipment has aged; and priority needs are becoming evident. In order to define these needs and develop a plan for moving forward with needed improvements, an updated evaluation of the facility and improvements master plan is necessary. A Request for Proposal (RFQ) was sent to three firms qualified to develop this document. Black & Veatch, Inc., declined the invitation to submit, but HDR/Claunch & Miller and Malcolm Pirnie, Inc., did submit qualifications statements for Board review, and presented their qualifications and proposed approaches. . Motion was made by Director Smith, seconded by Director Baldwin approving Malcom Pirnie, Inc. for the completion of the study. The vote was as follows: Ayes: Directors: Baldwin, Smith, Gidley and President Sandhop Nays: None The motion carried. b. Consider the election of a president, vice president and secretary of the Board of Directors of the Baytown Area Water Authority. Each September, the Board conducts the election of its officers. Since there was no meeting held in September, the BAWA Board held its election of officers in October. The positions to be filled are President, Vice President, and Secretary. The current officers of the Board are John R. Sandhop as President, Dan Mundinger as Vice President, and the position of Secretary remains vacant after the passing of Mr. Robert L. Gillette. Motion was made by Director Smith, seconded by Director Baldwin approving Mr. Sandhop as President. The vote was as follows: Ayes: Directors: Baldwin, Smith, and Gidley Nays: None Abstained: Director Sandhop The motion carried. Page 3 of 4 Minutes of the October 28, 2009 BAWA Board Meeting Motion was made by Director Baldwin, seconded by Director Smith approving Mr. Mundinger as Vice President. The vote was as follows: Ayes: Directors: Baldwin, Smith, Gidley, and Sandhop Nays: None The motion carried. Motion was made by Director Gidley, seconded by Director Baldwin approving Ms. Smith as the Secretary. The vote was as follows: Ayes: Directors: Baldwin, Gidley, and Sandhop Nays: None Abstained: Director Smith The motion carried. The agenda was taken out of order and item 3.a. was taken at this time. 3. EXECUTIVE SESSION a. Executive Session: HCFWSD No. 1A Arrearages to BAWA - Legal. At 9:40 A.M., President Sandhop recessed the BAWA Meeting into and conducted an Executive Session pursuant to Texas Government Code, Section 551.071 to seek the advice of the General Counsel of the Baytown Area Water Authority regarding legal matters concerning Harris County Fresh Water Supply District No. 1 -A's arrearages for treated water supplied by the Authority. At 9:59 A.M., President Sandhop reconvened the Open Meeting of the BAWA Board of the City of Baytown and announced that in accordance with the Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. The agenda was taken out of order and item 2.c was taken at this time. C. HCFWSD No. 1 -A's Arrearages - Finance. Discuss and take appropriate action concerning Harris County Fresh Water Supply District No. 1 -A's arrearages for treated water supplied by the Baytown Area Water Authority. Page 4 of 4 Minutes of the October 28, 2009 BAWA Board Meeting Harris County Fresh Water Supply District No. I -A is delinquent in its monthly payment to BAWA for water usage, to the City for sewer usage, and recently refused the City access to its records for a determination of IA's compliance with its sewer usage contract with the City. The last payment BAWA received from IA was $8,014.50 received June 22, 2009 and paid for April service; they owe BAWA for May through September (5 months of service) totaling $39,466.25 exclusive of late charges. The Board requested that staff review the issue and bring back possible options for moving forward at a future meeting. 4. MANAGER'S RE PORT a. Receive the BAWA Quarterly Investment Report Period Ending September 30, 2009 - Finance. Finance Director, Cynthia Pearson presented the Quarterly Investment Report for the calendar quarter ended September 30, 2009 and indicated that the investment is doing well. The Authority's Investment Policy requires financial reports are presented to the Board each calendar quarter. �R IXII V H LI President Sandhop adjourned the Regular Meeting on October 28, 2009 at I O:OOA.M.