October 29, 2012
REMEDIATION OF BRAZOS RIVER AUTHORITY’S CENTRAL OFFICE
The Brazos River Authority Board of Directors instructed the General Manager/CEO to
take all actions needed to speed resolution of issues related to mold contamination in
the BRA’s Central Office building in Waco. The Board authorized the General
Manager/CEO to execute contract amendments and change orders, for a total of up to
$7.2 million for the remediation and other work.
The Directors also amended the Fiscal Year 2013 Annual Operating Plan to increase the
budget for the Central Office Remediation Capital Project from its current $3 million to
$7.2 million.
DETERMINATION OF INTERRUPTIBLE WATER AVAILABLE FOR 2013
The Board of Directors authorized the General Manager/CEO to make 102,857 acre-feet
of Interruptible Water available in Calendar Year 2013. The Board also authorized the
General Manager/CEO to enter into Interruptible Water Availability Agreements for use
of this water, which shall be sold at the current system rate per acre foot. Water for
agricultural use, as defined in Chapter 11 of the Texas Water Code, shall be sold at the
current agricultural rate.
DROUGHT CONTINGENCY PLAN UPDATE
The Board adopted the Drought Contingency Plan, as presented at the October 29,
2012 meeting and prepared according to requirements of the Texas Commission on
Environmental Quality (TCEQ). The plan is to replace the previous version, dated June
5, 2007. The Board directed the General Manager/CEO to submit the adopted plan to
the TCEQ.
WATER CONSERVATION PLAN UPDATE
The Board adopted the Water Conservation Plan, as presented at the October 29, 2012
meeting and prepared according to TCEQ requirements. The plan is to replace the
previous version, dated April 2009. The Board directed the General Manager/CEO to
submit the adopted plan to the TCEQ.
WILLIAMSON COUNTY REGIONAL RAW WATER LINE BUDGET AMENDMENT
The Board authorized the General Manager/CEO to amend the Williamson County
Regional Raw Water Line Phase II Pumps Capital Project budget from $7.525 million to
$7.6 million with the additional funding provided by the cities of Georgetown and Round
Rock, Jonah Water Special Utility District, Chisholm Trail Special Utility District, and
Brushy Creek Municipal Utility District in accordance with the Williamson County
Regional Raw Water Line agreements.
ADDITIONAL FUNDING TO COMPLETE 2016 BRAZOS G REGIONAL WATER PLAN
The Board authorized the General Manager/CEO, as administrative agent for the Brazos
G Regional Water Planning Group, to negotiate and execute an amendment to the
Regional Water Planning Agreement with the Texas Water Development Board for
$923,341 in additional funding to complete the fourth cycle of regional water planning.
The Board also authorized the General Manager/CEO to negotiate and execute an
amendment to the professional services agreement with HDR Engineering for $881,791
in additional funding to complete the tasks identified in the Regional Water Planning
Agreement scope of work.
JANUARY 2013 REGULAR BOARD MEETING
The Board approved a change of location for the regularly scheduled January 2013
Board meeting if remediation of the Waco Central Office has not been finalized. The
Board shall conduct its regular meeting on Monday, January 28, 2013, at Lee Lockwood
Library & Museum, 2801 West Waco Drive, Waco, Texas, if the Central Office facility is
unavailable.
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October 1, 2012
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE BRAZOS RIVER AUTHORITY
OCTOBER 1, 2012
Agenda Item No. 1
Remediation of Brazos River Authority’s Central Office Facility
“WHEREAS, Stachybotrys ("black mold") has been detected in the Central
Office building;
WHEREAS, the presence of elevated levels of mold spores present an
immediate health risk;
WHEREAS, structural and mechanical deficiencies have caused mold
proliferation in the building;
WHEREAS, preservation of the health and safety of individuals entering the
building is critical to the Brazos River Authority;
WHEREAS, the full extent of the required remediation work cannot be readily
ascertained; and
WHEREAS, immediate mold remediation and restoration of the building is
necessary to eliminate any potential health hazards and prevent further
damage to the building.
NOW THEREFORE, BE IT HEREBY RESOLVED by the Brazos River
Authority Board of Directors as follows:
The Board of Directors hereby affirms the Declaration of Emergency issued by
the General Manager/CEO related to mold abatement and prevention in the
Brazos River Authority’s Central Office facility; affirms that due to the nature of
the deficiencies in the Central Office Building, the full extent of the required
remediation work cannot be readily ascertained; and instructs the General
Manager/CEO to take all actions necessary to expedite the corrective
measures.
BE IT FURTHER RESOLVED
, the Board of Directors authorizes the General
Manager/CEO to execute professional services and construction contracts, in
an amount not to exceed $3,000,000, for the following activities:
- mold assessment, abatement, and clean-up;
-
heating, ventilation, air conditioning (HVAC) evaluation and design of
corrective measures for immediate and long term implementation;
-
architectural services, including design of structural repairs and
renovation and comprehensive project oversight;
-
all construction services necessary to complete the recommended
abatement, reconstruction and HVAC improvements; and
-
all services and supplies necessary to vacate the Central Office
facility during the mold remediation process.
BE IT FURTHER RESOLVED
that Board of Directors amends the Fiscal Year
2013 Annual Operating Plan in the following manner:
Replace the Central Office Doors and Windows Capital Project, which has a
current budget of $250,000, with the Central Office Remediation Capital
Project, which will have a new project budget of $3,000,000.
Funds for this new Project will come from the Contingency Reserve Fund
which has a current balance of $5,000,000.”
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July 30, 2012
EXECUTIVE SESSION 1
The Board authorized the General Manager/CEO to coordinate with the 83rd Texas State Legislature to request
legislation that would allow sale of the remaining Possum Kingdom Brazos River Authority Residential and
Commercial leased tracts in a similar manner as in House Bill 3031 passed by the 81st Legislature. The action
is subject to the Federal Energy Regulatory Commission’s (FERC) acceptance, approval, and issuance of a
Final Order in response to the BRA’s Surrender Application to decommission its hydro-electric operating
license.
The Board also suspended authorization to pursue a market value appraisal, previously approved by the Board
at its April 30, 2012 meeting.
TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM PLAN
The Board voted to make no changes in the Texas County and District Retirement System plan provisions for
Authority retirees and non-retirees keeping the required employer contribution rate will be 7.85 percent for the
2013 plan year.
ADOPTION OF FISCAL YEAR 2013 ANNUAL OPERATING PLAN (BUDGET)
The Board approved the Fiscal Year 2013 Annual Operating Plan. The Board authorized the General
Manager/CEO to make expenditures and enter into contracts for expenditures as listed in the FY 2013 Annual
Operating Plan. The General Manager/CEO was also authorized to adjust individual line item amounts of the
Budget, provided that the total spent is not more than $48,547,841 for the Total Operating Budget and $
34,384,241 for the Total Capital Budget.
The Board also adopted $62.50 per acre-foot of water annually for FY 2013 for the System Water Rate and
Interruptible Water Rate and $43.75 per acre-foot of water annually for FY 2013 for the Agricultural Water
Rate. These rates remained unchanged from last year.
SURPLUS PERSONAL PROPERTY
The Board authorized the General Manager/CEO to dispose of surplus personal property, ranging from office
and lab equipment to furniture and appliances, under terms and conditions that are in the best interest of the
Authority.
FISCAL YEAR 2013 INTERNAL AUDIT PLAN
The Board approved the Fiscal Year 2013 Internal Audit Plan. The plan includes audits of internal controls on
cash received and paid out. It also includes audits of risk mitigation and implementation of previous audit
recommendations, among other efforts.
INTERNAL AUDIT CHARTER
The Board approved the Internal Audit Charter as presented at its July 30, 2012 meeting.
POSSUM KINGDOM LAKE PIER 14 LOW FLOW GATE
The Board authorized the General Manager/CEO to amend the FY 2012 “PK Dam Pier 14 Low Flow Gates”
Capital Project budget from $84,000 to $125,000, with the additional funding coming from the “PK Dam Bay #9
Weir Box” Capital Project budget. The funds are for instrumentation and wiring to the SCADA system for
automation of the low-flow gate.
WEST CENTRAL BRAZOS WATER DISTRIBUTION SYSTEM
The Board set a fixed rate of $0.0155 per barrel ($0.369 per 1,000 gallons or $120.24 per acre-foot) for water
contracted by any customer invoiced for transportation and using the West Central Brazos Water Distribution
System. The Board also set a variable rate of $0.0225 per barrel ($0.535 per 1,000 gallons or $174.56 per
acre-foot) for water delivered to any customer invoiced for transportation and using the system. These rates
are effective beginning Sept. 1, 2012, for FY 2013.
LEANDER-COLORADO RETURN FLOWS
The Board authorized the General Manager/CEO to negotiate and execute an agreement with the Lower
Colorado River Authority regarding the City of Leander’s Colorado River-sourced wastewater discharges.
WILLAIMSON COUNTY REGIONALRAW WATER LINE BUDGET AMENDMENT
The Board authorized the General Manager/CEO to amend the Williamson County Regional Raw Water Line
Phase II Pumps Capital Project budget from $7,400,235 to $7,525,000, with the additional funding provided by
the cities of Georgetown and Round Rock, Jonah Water and Chisholm Trail special utility districts, and Brushy
Creek Municipal Utility District in accordance with the Williamson County Regional Raw Water Line
agreements.
LIBERTY HILL WASTEWATER SERVICES AGREEMENT
The Board authorized the General Manager/CEO to negotiate and execute a wastewater operations contract
with the City of Liberty Hill, in a form consistent with those used on similar wastewater treatment operations
performed by the BRA.
TEMPLE-BELTON PROPERTY TRANSFER
The Board authorized the General Manager/CEO to negotiate and execute an agreement with the cities of
Temple and Belton to transfer the Temple-Belton Regional Sewerage System properties, easements, permits,
equipment and appurtenances to the cities.
BUDGET AMENDMENT FOR CHLORIDE MODEL PROJECT
The Board authorized the General Manager/CEO to amend the Fiscal Year 2012 “Chloride Model” Capital
Project budget from $220,000 to $273,000, with additional funding provided from the Fiscal Year 2012 “COE
Pool Rise” Capital Project budget. This will allow the project completion date to be moved up to September
2012.
OCTOBER REGULAR BOARD MEETING
The Board voted to hold its next regular meeting on Oct. 29, 2012, at the Texas Ranger Hall of Fame, Knox
Hall, located at 100 Texas Ranger Trail, in Waco. The meeting is being moved because of repair work to the
BRA Central Office at that time.
EXECUTIVE SESSION 24B
The Board approved a resolution regarding the sustained outstanding performance of BRA management.
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April 30, 2012
EXECUTIVE SESSION 1A
The Board of Directors authorized the General Manager/CEO to file the Brazos River
Authority’s proposed new System Operation Permit Water Management Plan as
required with the Texas Commission on Environmental Quality. The Board also
authorized the General Manager/CEO to take any action needed to complete the plan
and approved reprogramming up to $99,000 in funds, previously allocated for other
projects, to cover the costs of the stakeholder process.
EXECUTIVE SESSION 1B
The Board authorized the General Manager/CEO to obtain a market value appraisal of
the remaining Brazos River Authority residential and commercial leases at Possum
Kingdom Lake (excluding the shoreline control strip leases, associated with House Bill
3031).
POSSUM KINGDOM LAKE RETAINING WALLS
The Board approved updates to the Brazos River Authority’s policies on retaining walls
at Possum Kingdom Lake. The new policy addresses repairing and maintaining existing
walls located below the 1000 foot contour, and constructing new walls.
FREESE AND NICHOLS INC. CONTRACT AMENDMENT
The Board authorized the General Manager/CEO to amend its contract with Freese and
Nichols, Inc. for miscellaneous improvements at Morris Sheppard Dam, in an amount of
no more than $502,872.
AUTHORIZATION TO EXTEND INVESTMENT ADVISOR CONTRACT WITH VALLEY VIEW CONSULTING LLC FOR TWO YEARS
The Board authorized the General Manager/CEO to extend the contract for investment
advisory services with Valley View Consulting LLC for two more years, ending October
31, 2014.
RESOLUTION CALLING BONDS FOR REDEMPTION AND OTHER MATTERS TO BRAZOS RIVER AUTHORITY WATER SUPPLY SYSTEM REVENUE BONDS, SERIES 2002 (AMT)
The Board approved a resolution to redeem Brazos River Authority Water Supply
System Revenue Bonds, Series 2002, to obtain debt service savings.
ONCOR CONTRACT FOR GRANGER LAKE INTAKE
The Board authorized the General Manager/CEO to execute a Facilities Extension
Agreement with Oncor Electric Delivery Company, LLC for $259,739.43. The contract
will allow Oncor to provide electric service to the Granger Lake water intake.
ACQUIRE REAL PROPORTY FOR WILLIAMSON COUNTY REGIONAL WATER LINE RELOCATION PROJECT
The Board authorized the General Manager/CEO to take any needed steps, including
the use of eminent domain, to acquire property needed to relocate a raw water
transmission line near the intersection of State Highway 195 and Shell Road in
Williamson County. Relocating the line will assist the Texas Department of
Transportation in an effort to widen Highway 195 through the area.
DIRECTORS EXPENSES
The Board approved a resolution updating the Authority’s Operation Policies Manual
section on Directors’ Fees and Reimbursement of Business Expenses.
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March 12, 2012
DETERMINATION OF INTERRUPTIBLE WATER
The Brazos River Authority Board of Directors in accordance with the Interruptible Water
Sale Procedure, voted to make the remaining balance of 77,336 acre-feet of interruptible
water available for sale in calendar year 2012. The Board also voted to authorize the
General Manager/CEO to enter into Interruptible Water Availability Agreements for this
water at the current system rate per acre-foot with the exception of agricultural use as
defined in Chapter 11 of the Texas Water Code, which shall be sold at the current
agricultural rate.
AUTHORIZATION OF WATER CONTRACT ASSIGNMENTS
The Board of Directors authorized the General Manager/CEO to approve the temporary
assignment of water under existing long-term contracts for use by third parties on an
annual basis. Execution of the agreements is subject to the terms and conditions
contained in the existing contracts and what is determined to be in the best interest of
the Brazos River Authority Water Supply System.
INTERLOCAL AGREEMENT WITH BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1
The Board of Directors authorized the General Manager/CEO to negotiate and execute
an Interlocal Agreement with Bell County Water Control and Improvement District No. 1
to evaluate a pipeline connection between Lakes Belton and Stillhouse Hollow for an
amount not to exceed $50,000.
FUTURE DIVESTITURE OF REMAINING LEASED PROPERTIES AT POSSUM KINGDOM LAKE
The Board of Directors voted to instruct Authority staff to develop strategies for the future
divestiture of the remaining leased properties at Possum Kingdom Lake and to brief the
Board on the issues at its April, 2012, regularly scheduled Board meeting.
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January 30, 2012
EXECUTIVE SESSION 1B, GRAHAM SALT CREEK PROJECT
The Board of Directors authorized the General Manager/CEO to notify the U.S. Army
Corps of Engineers that the Brazos River Authority wishes to finish the Salt Creek
Project in Graham as quickly and prudently as possible. The Board also authorized the
General Manager to enter any contracts needed within the Fiscal Year 2012 Capital
Projects Budget to complete the project.
EXECUTIVE SESSION 1C, SYSTEM OPERATION PERMIT
The Board authorized the General Manager/CEO to use $450,000 from the FY 2012
Capital Projects Budget to cover costs to accelerate the Water Management Plan
recommended by the Texas Commission on Environmental Quality (TCEQ).
REDEMPTION AND OTHER MATTERS RELATED TO BRAZOS RIVER AUTHORITY
LAKE GRANBURY SURFACE WATER AND TREATMENT SYSTEM REVENUE
The Board authorized the General Manager/CEO to redeem all outstanding bonds that
had been used to finance construction projects at the Lake Granbury Surface Water and
Treatment System. The bond redemption is required in order to transfer the SWATS
facility from the Authority to the SWATS Participants.
LONG-TERM SUPPORT FOR ENVIRONMENTAL FLOW INITIATIVES RELATED TO
DEVELOPMENT OF WATER MANAGEMENT PLAN
The Board authorized the General Manager/CEO to enter into a contract to conduct an
environmental water flow study needed to develop a Water Management Plan. The cost
of the five-year project which was previously budgeted is for an amount not to exceed
$1,005,000.
FEDERAL ENERGY REGULATORY COMMISSION UPDATE
The Board authorized the General Manager/CEO to combine the budgets of two FY
2012 projects at Possum Kingdom Lake’s hydroelectric plant. The PK Powerhouse
Window Replacement Capital Project and the PK Hydro Decommissioning Capital
Project are combined into the PK Hydro Decommissioning project. The Board authorized
the General Manager/CEO to execute any needed contracts to complete the
decommissioning within a budget of $9,103,816.
ON-WATER FACILITY AND RESIDENTIAL PERMITTING REQUIREMENTS IN THE
VICINITY OF HORSESHOE BEND AND PECAN PLANTATION AT LAKE
GRANBURY
The Board directed the General Manager/CEO to end Authority on-water facility and
residential water permit administration at Lake Granbury downstream from the dam and
upstream from the lake’s upper boundary on the Brazos River.
FISCAL YEAR 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT
The Board accepted the Authority’s Comprehensive Annual Financial Report for FY
2011 and approved its filing with the TCEQ.
APPROVAL OF THE BRAZOS RIVER AUTHORITY INVESTMENT POLICY
The Board adopted the Authority’s Investment Policy, including the Investment Strategy
Statement, Approved Broker/Dealer List and Approved Training Sources.
SURPLUS PERSONAL PROPERTY
The Board authorized the General Manager/CEO to dispose of surplus personal
property, ranging from vehicles to equipment, under terms and conditions that are in the
best interest of the Authority.
RATIFICATION OF RETIREMENT COMMITTEE MEMBERSHIP
The Board approved Presiding Officer Dave Scott’s appointments to the Retirement
committee, including Peter Bennis, Chairman; LeRoy Bell, Vice Chairman; Bob
Christian; Bill Rankin; David Collinsworth; Jim Forté and Matt Wheelis.
RESOLUTION AUTHORIZING THE REPAYMENT OF CAPITAL DEBT FOR WATER
SUPPLY STORAGE AT AQUILLA LAKE
The Board authorized the General Manager/CEO to prepay debt to the U.S. Army Corps
of Engineers for investments to store water at Aquila Lake. The repayment of the
$8,956,251 principal balance (plus accrued interest) will save the Authority an estimated
$8.8 million in future interest costs.
RESOLUTION CALLING BONDS FOR REDEMPTIONS AND OTHER MATTERS
RELATING TO THE BRAZOS RIVER AUTHORITY WATER SUPPLY SYSTEM
REVENUE REFUNDING AND IMPROVEMENT BONDS
The Board authorized the General Manager/CEO to redeem $11,145,000 of Authority
Water Supply System Revenue Bonds. Prepaying these bonds will save the Authority an
estimated $5.1 million in future interest costs.
REPAIR AND REPLACEMENT FUND
The Board approved a Repair and Replacement Reserve Fund balance of $5 million for
five years, beginning with FY 2012.
OPERATIONS AGREEMENT WITH THE CITY OF LEANDER
The Board ratified the Interim Operation Agreement for the Sandy Creek Water
Treatment Plant, dated Dec. 9, 2011.
GRANGER LAKE INTAKE PIPELINE CONSTRUCTION CONTRACT
The Board authorized the General Manager/CEO to negotiate and enter into a contract
to build the Granger Lake Intake Pipeline for $3,524,940.50. The Board also authorized
the General Manager/CEO to execute change orders of no more than 10 percent ten
percent or $352,494 for a contingency fund for the contract.
GRANGER LAKE WATER SUPPLY MAINTENANCE CONTRACT
The Board Authorized the General Manager/CEO to enter an agreement with a firm for
engineering design and construction oversight services and a firm for construction
services if it becomes necessary to dredge or construct a temporary pipeline to maintain
water supply at the existing East Williamson County Regional Water System intake at
Granger Lake. In line with this possible requirement, the Board also authorized the
General Manager/CEO to amend the FY 2012 Capital Projects Budget to establish a
Lake Granger Water Supply Maintenance Project for $2 million with funds from the
current Lake Granger Intake Project.
AUTHORIZATION OF AN AMENDMENT TO THE BRAZOS RIVER AUTHORITY –
JONAH WATER SPECIAL UTILITY DISTRICT WATER SYSTEM FACILITIES
INSTALLMENT SALE CONTRACT AND AUTHORIZATION OF THE ISSUANCE OF
BRAZOS RIVER AUTHORITY CONTRACT REVENUE BONDS, SERIES 2012
(JONAH WATER SPECIAL UTILITY DISTRICT WATER SUPPLY PROJECT) AND
OTHER RELATED MATTERS
The Board authorized the Authority to take the needed steps to support the expansion of
the water system of the Jonah Water System Special Utility District by issuing bonds to
finance the project.
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