2021 11 03 BAWA Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF THE BAYTOWN AREA WATER AUTHORITY
November 3, 2021
The Board of Directors of the Baytown Area Water Authority (BAWA) inet in a Special Meeting
on Wednesday, November 3, 2021, at 4:33 P.M., in the Council Chamber of the Baytown City
Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brenda Bradley Smith President
Mike Wilson Vice President
Frank McKay III Secretary
Rick Davis
General Manager
Karen Horner
General Counsel
Angela Jackson
Assistant Secretary
President Brenda Bradley Smith convened the November 3, 2021, BAWA Board Special
Meeting with a quorum present at 4:33 P.M., all members were present with the exception of
Director Brandon Benoit, who was absent.
1. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Sections 551.071 of the
Texas Government Code to seek the advice of the Authority's attorneys on legal matters
related to the Baytown Area Water Authority East Surface Water Treatment Plant.
At 4:34 P.M., President Bradley Smith recessed into and conducted an executive session
pursuant to Sections 551.071 and 551.087 of the Texas Government Code to seek the advice of
the Authority's attorneys on legal matters related to the Baytown Area Water Authority East
Surface Water Treatment Plant.
At 4:53 P.M., President Bradley Smith reconvened the Open Meeting of the Baytown Area
Water Authority (BAWA) Special Meeting and announced that in accordance with Section
551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session.
2. PROPOSED RESOLUTIONS
a. Consider a resolution accepting the Mediator's Offer of Settlement with Jones &
Carter, Inc., regarding the Baytown Area Water Authority East Surface Water Treatment
Plant.
A motion was made by Secretary Frank McKay III, and seconded by Vice President Mike
Wilson approving Resolution No. 2021-25, related to Item 2.a. The vote was as follows:
BAWA Board Special Meeting Minutes
November 3, 2021
Page 2 of 3
Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank
McKay III
Nays: None
Other: Director Brandon Benoit (Absent)
Approved
RESOLUTION NO.2021-25
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
AREA WATER AUTHORITY ACCEPTING THE MEDIATOR'S OFFER OF
SETTLEMENT WITH JONES & CARTER, INC., REGARDING THE
BAYTOWN AREA WATER AUTHORITY EAST SURFACE WATER
TREATMENT PLANT; AUTHORIZING AND DIRECTING THE GENERAL
MANAGER TO EXECUTE AND THE ASSISTANT SECRETARY TO
ATTEST TO A SETTLEMENT AGREEMENT UNDER TERMS AND
CONDITIONS ACCEPTABLE TO THE GENERAL MANAGER AND
GENERAL COUNSEL;AUTHORIZING PAYMENT BY THE BAYTOWN
AREA WATER AUTHORITY IN THE AMOUNT OF ONE HUNDRED
NINETY-FIVE THOUSAND AND NO/100 DOLLARS (S 195,000.00);AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution authorizing additional funding for Andrews Myers, P.C., for
legal services in connection with the Baytown Area Water Authority East Surface Water
Treatment Plant.
A motion was made by Vice President Mike Wilson, and seconded by Secretary Frank McKay
III approving Resolution No. 2021-26, related to Item 2.b. The vote was as follows:
Ayes: President Brenda Bradley Smith, Vice President Mike Wilson, Secretary Frank
McKay III
Nays: None
Other: Director Brandon Benoit (Absent)
Approved
RESOLUTION NO. 2021-26
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
AREA WATER AUTHORITY AUTHORIZING ADDITIONAL FUNDING
FOR ANDREWS MYERS, P.C., FOR LEGAL SERVICES IN CONNECTION
WITH THE BAYTOWN AREA WATER AUTHORITY EAST SURFACE
BAWA Board Special Meeting Minutes
November 3, 2021
Page 3 of 3
WATER TREATMENT PLANT IN THE AMOUNT OF FIFTY THOUSAND
AND NO1100 DOLLARS (S50,000.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
3. MANAGER'S REPORT
a. The next Baytown Area Water Authority meeting is scheduled for Wednesday,
November 17, 2021, at 4:30 p.m., in the Council Chamber located at City Hall, 2401
Market Street, Baytown, Texas 77520.
General Manager Rick Davis stated that there will not be another meeting in November and that
instead they will have a meeting in December so that they can have time to process the BAWA
Water Treatment Plant Filter Air Scour Bids to present to the Board at their December meeting.
4. ADJOURN
With there being no further business to discuss, President Bradley Smith adjourned the
November 3, 2021, BAWA Board Special Meeting at 4:56 P.M.
Angela Jackkon,
City of Baytown