Brazoria County Freshwater Supply District #2 06, 2009 · Brazoria County Fresh Water Supply...

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Brazoria County Fresh Water Supply District #2 2009 Brazoria County Freshwater Supply District #2 Meeting Minutes October 6, 2009 Don West called the meeting to order at 7:01 p.m. Present: Don West, Mike Ellis, Mark Broaddus Doug Malek, Not Bonded Absent: None A motion was made by Mark Broaddus to accept the minutes of our last meeting, seconded by Mike Ellis, the motion passed, all present voting aye. Financial Report: Don West reported that as of this date we have approximately $5,000. Mike Ellis made a motion to accept the financial report, seconded by Mark Broaddus, motion passed, all present voting aye. Public Comments: Cindy Harrell asked if we could apply for other grants. She wanted to know if we could tap into the state of Texas sinking fund. Don West asked Cindy to give him the website and he would look into it. Don West gave the audience an update on the grants we are currently considering. Cindy Harrell asked if the grant required all residents to hook up. Don West said, “No, but that the county can require other requirements.” All the grant information will be sent to TCEQ and the state may have requirements for all residents to hook up. Oath of Office:

Transcript of Brazoria County Freshwater Supply District #2 06, 2009 · Brazoria County Fresh Water Supply...

Brazoria County Fresh Water Supply District #2 2009

Brazoria County Freshwater Supply District #2

Meeting Minutes

October 6, 2009

Don West called the meeting to order at 7:01 p.m.

Present: Don West, Mike Ellis, Mark Broaddus

Doug Malek, Not Bonded

Absent: None

A motion was made by Mark Broaddus to accept the minutes of our last meeting, seconded by Mike Ellis, the motion passed, all present voting aye.

Financial Report:

Don West reported that as of this date we have approximately $5,000. Mike Ellis made a motion to accept the financial report, seconded by Mark Broaddus, motion passed, all present voting aye.

Public Comments:

Cindy Harrell asked if we could apply for other grants. She wanted to know if we could tap into the state of Texas sinking fund. Don West asked Cindy to give him the website and he would look into it.

Don West gave the audience an update on the grants we are currently considering. Cindy Harrell asked if the grant required all residents to hook up. Don West said, “No, but that the county can require other requirements.” All the grant information will be sent to TCEQ and the state may have requirements for all residents to hook up.

Oath of Office:

The oath of office for new board member Doug Malek was tabled until our next meeting. Doug cannot officially participate on the board until the bond has been received. It will be on the agenda for our next meeting.

Reports/Discussions:

Don West indicated that there were 150 post cards mailed out to area residents asking for donations and board vacancy interest. Don asked for a show of hands of people who had received the mail outs. Don indicated that only registered voters were sent a mail out. If there were multiple registered voters at one address, only one card was sent to the residence.

Richard Watts added his name to the list of interested candidates for board vacancies. He introduced himself and gave a summary of his experience and his statement of interest. Richard also offered for his office staff to assist the district.

The board discussed candidates but decided to wait for the next meeting to appoint a new board member. The board felt it necessary to look closer at interested individuals and allow more time for the mail out to reach residents as it had only been out for five days.

Mark Broaddus suggested that all residents solicit interest from their neighbors.

Don West gave an update on the pre-application phase of the USDA grant. Don indicated that the people at USDA would get back with us at a later date. He indicated that they felt positive about the grant application.

Don West introduced Jim Gilley of Coastal Securities. Jim is the financial advisor for the district. Jim provided all present general comments about the USDA grant. He then made a presentation based on the 3.5 million dollar project with a 75% grant and 25% loan. The payback combined with the maintenance and operation performed by Orbits would be a concern to many of us. The board requested that we look once more at the pros and cons of going to Oyster Creek. One advantage is less maintenance and the other is we could finance for a longer period of time which would reduce our monthly rates. Several scenarios were given based on cost of plant versus payback of 25 to 40 years.

Don West again voiced the board’s position that we want to make this project affordable to area residents. Both Mike Ellis and Mark Broaddus agreed that it is difficult to determine what is “affordable” for any one resident in this area. It is the board’s hope to bring numbers to the residents at a later date that they can find to

be affordable. The board thinks that as time progresses we may have a better idea of what bonds or loans we have to take out to finalize the project.

Fund Raising/Donations:

Don West indicated that we had received an additional $200.00 in donations. Currently we have received approximately $3500.00 in donations thus far. Don West indicated that we will need approximately $10,000.00 for this fiscal year. Mike Ellis asked about the $100,000.00 from Commissioner Payne. Don West indicated that the $100,000.00 will be going to the engineer for the engineering phase of the project. Don indicated that this money cannot be used for administrative services. The board thanked all people who had made donations and encouraged future donations.

Our next meeting will be November 3, 2009 at 7:00 p.m. Don West indicated that he would invite Deborah Wright from the USDA to attend.

A motion was made by Mike Ellis to adjourn, seconded by Mark Broaddus, motion passed, all present voting aye.

The meeting adjourned at 7:55 p.m.

Respectfully submitted,

Mark Broaddus

Secretary

Freshwater Supply District #2 Meeting Minutes

September 22, 2009

Don West called the meeting to order at 7:01 p.m.

Present: Mike Ellis, Mark Broaddus, Don West

Absent: Vanessa Giles

Mike Ellis made a motion to approve the minutes from the regular meeting August 1, 2009 and the special called meeting August 4, 2009. The motion was seconded by Mark Broaddus, motion passed, all present voting aye.

Don West gave an update on the financial report. The district balance as of September 14, 2009, is $3,279.96. Don West indicated we have received approximately $3,105.00 in donations thus far. He said that some donations may not have showed up in the balance to date. He indicated the Texas Municipal League insurance is due in the amount of $809.96. Mike Ellis made a motion to accept the financial report and pay the outstanding bill of $809.96. The motion was seconded by Mark Broaddus, motion passed, all present voting aye.

Public Comments:

Cindy Harrell wanted to know what was incomplete on the engineering report as reported by the Brazosport Facts. Don West explained the engineering report to all present. Ms. Harrell commented that Lisa Brewer’s vacancy should be filled by someone on the mainland and requested the board fill Ms.Giles’ vacancy at a later date. She commented that some people from Kingwood did not get to vote but had filed their paperwork with the county and she said it sat on someone’s desk at the county. Don West was aware of this situation. He called the county and was told that the two people in question had not completed the necessary documents to be eligible to vote.

Lisa Brewer wanted to know if we received the USDA grant did everyone have to hook up. Don West said he met with people involved with the USDA grant yesterday but that particular issue was not addressed. He said he would look into the issue.

Tom Spinks recommended the district use Bob Michie’s expertise to get grants. He said Bob has been very successful at getting grant money for the Fire Department. He said his next door neighbor had sent in their paperwork and was allowed to vote.

Reports:

Don West gave an update on the USDA grant. He met at Barnes & Noble in Pearland with people involved in the grant. Don West said they met to establish a timeline for the pre-application approval. Don West wants to inform the Houston-Galveston Area Council to let them know we are applying. Completion date for the pre-application phase of the grant is next Thursday.

Don West asked them if it was feasible to have grant money by the end of the year to be able to start construction by next year and received a positive response. Don West has requested that our financial consultant give the board three scenarios

based on the grants and loans. The USDA grant is only 75% so he asked Jim Gilly to give us a 50/50 option, a 60/40 option, and a 75/25 option. Don West reminded everyone present that it has always been the board’s position to find a solution that is reasonable, affordable, and feasible. Even if we were to receive the USDA grant, we are not obligated to accept it. Don West said our engineer Chris Canico said we are looking at about 3.2 million dollars for our current project. The board will await additional information before proceeding any further.

Canvass of votes:

Don West asked Mike Ellis to open the envelope to canvass the votes from the September 12, 2009 election. He gave a summary of the results as follows:

PCT For Against Total

8 136 24 160

54 2 0 2

Total 138 (85.19%) 24 (14.81%) 162 (100%)

Mark Broaddus motioned to accept the canvass of votes from the September 12, 2009 election. Mike Ellis seconded, motion passed, all present voting aye.

Don West explained to the audience why Vanessa Giles was no longer eligible to serve on the board of directors. He explained the Dept. of Justice decision requiring all board members requirement of being an eligible voter in the district. Since she was not a registered voter in the district, she was no longer eligible to be on the board.

Don West called for a motion to accept the resignation of board member, Vanessa Giles. Mike Ellis motioned, seconded by Mark Broaddus, motion passed, all present voting aye.

Don West opened board discussion regarding the process for the appointment of board members to fill current vacancies. He indicated that the following had submitted their names so far:

Gary Rinn, Peggy Pipkin, Karen Plummer, Doug Malek

He said that Elaine Bartlett had previously submitted her name but withdrew her name due to accepting a new job out of town. He also indicated that Karen Plummer was not a registered voter of the district. He called her about transferring her vote but she said she would not be willing to change her voter registration.

Don West introduced Doug Malek and he gave a summary of his qualifications and interest to the board.

Don West read the statement of interest letter from both Gary Rinn and Peggy Pipkin to the board. It was a consensus of the board that we appoint at least one board member at this time. Mike Ellis made a motion to appoint Doug Malek who lives on the mainland to replace the vacancy of Lisa Brewer. Don West seconded, motion passed, all present voting aye. The board welcomed Doug to the position. Don West indicated that he would get with Doug Malek to complete all necessary paperwork.

Some discussion was held about ways to advertise for the current vacancy in an effort to inform more interested applicants.

Don West made a motion to accept this year’s budget from the financial report. Mike Ellis said we need to be mindful of the constraints of our current budget. Don West indicated there will be future expenses and informed all that the county paid for the special election, September 12, 2009. It cost the county approximately $3000.00. Mike Ellis seconded the motion. The vote was interrupted by a question from Cindy Harrell.

Tom Spinks donated $100.00 cash. Discussion was held about donations and how to recognize our donors. Don West asked if he should make a list. Mike Ellis suggested we call donors and see if they wanted to be recognized or remain anonymous. Due to the previous motion and second to accept the budget from the financial report, a vote was taken with the motion passing, all present voting aye.

Discussion was held regarding the date and time for the next meeting date. The board agreed on Tuesday, October 6, 2009 at 7:00 p.m. for the next meeting.

Mark Broaddus made a motion to adjourn, Mike Ellis seconded, motion passed, all present voting aye.

Meeting adjourned at 7:55 p.m.

Respectfully submitted,

Mark Broaddus

Secretary

August 2, 2009 Board Meeting Update

The board of supervisors met yesterday and heard updates on the grant and election. The grant is still being reviewed by the Texas Water Development Board. The engineer expects to hear back from them in a few weeks. They will have questions for us and request for additional information. We will have 5 days to respond. We do not know when they will make their final decision. We do know that all approved projects must be under construction by Feb. 10, 2010. Our backup plan is to file another grant request with the USDA for whatever amount we need to complete our project.

We are holding a special election on September 12, 2009 at the Fire Station. Only the people who own a home on the mainland or island can vote in this election. Rentors who reside in a home on the mainland, island or the trailer park on 227 can vote. If anyone needs a voter's registration card, you can pick one up at Bastrop Marina. You can also call or email Don West.

This election is to authorize the Fresh Water Supply Dist. #2 to build and

maintain a wastewater treatment system if and when we get funds to do so. Early voting begins August 26th thru Sept. 8. The times are as follows: MWF from 7:00 am to 10:00 am, and Tuesdays and Thursdays from 4:00 pm to 7:00 pm. The poll will be open Saturday, Sept. 5, 2009 from 9:00 am to 3:00 pm.

Applications for voting by mail should be mailed to: Joyce Hudman, County Clerk, 111 E. Locust, Suite 200, Angleton, Tx 77515-4654

(Applications for ballots by mail should be received no later than Friday, September 4) We are purchasing signs for the roads to advertise the election. If anyone cares to purchase one of these signs at a cost of $11.00 per sign we would appreciate the help. Contact Don West.

Budget:

Until we get a system built and start collecting fees for useage, the board has no means of revenue. Board members are currently spending money out of their pocket for supplies, paper, printing, phone bills and gasoline to and from meetings.

We have borrowed $15,000 from the county and will pay this back when we receive the CIAP money.

In order to proceed without borrowing money it was suggested we do a fish fry/auction or to ask everyone for a donation. One person stated that if everyone gave $100.00 as a donation that would give the district approximately $20,000. This amount would sustain us for a while.

Our greatest expenses so far have been:

• Attorney fees $200.00 an hour - The exclusion of property issue alone cost us approximately $2,000.

• Advertisement - (Brazosport Facts) We are required by law to advertise for bids, services, public hearings, etc. The estimated cost is $1,000 so far this year.

• Insurance and bonds for the Board - $1,000 for the year • Elections - These run around $3,000 to $4,500 per election. This does not

include attorrney fees to prepare the ballot or advertisement. We will need to have another election in May, 2010 for board members.

Yesterday, residents who attended the meeting donated a total of $350.00 for a grand total of $450.00 from residents this year. We are very grateful for these contributions and encourage all of you who are able to donate, please do so. We realize that not everyone is able and we will appreciate any support.

Donations should be made to: Brazoria County Fresh Water Supply District #2, care of Don West, President, 331 Redfish Drive, Freeport, Texas 77541

If you have other suggestions as to how to raise money please don't hesitate to let us know.

In other news, the board will meet in a called meeting (to be announced) to consider the resignation of board member, Lisa Brewer. If approved by the board then we will begin a search to appoint another board member. If you want to be considered please contact Don West.

July 24, 2009 Special Meeting Minutes

Don West called the meeting to order at 8:43 a.m.

Present: Don West, Mark Broaddus, Vanessa Giles

Absent: Mike Ellis, Lisa Brewer

Don West informed board members that the district’s attorney, Larry Boyd, has made changes to the engineering contract. Chris Canonico from the engineering firm CDM also indicated there were a couple of changes that needed to be worked out between the attorneys. They will be getting together to agree on the changes.

Vanessa Giles asked a question regarding omission of Phase II. Don West answered that Phase II will be omitted, thus the cost estimate for this project will need to be amended.

Mark Broaddus made a motion to hire Camp, Dress, McKee as our engineering firm and also motioned to contract the firm as construction manager as recommended by the RFQ committee contingent upon attorney amendments. The motion was seconded by Vanessa Giles. All present voting aye.

Don West is interested in scheduling a public meeting between the community and county officials to discuss the September 12th election. This election is not about taxes but about approving the district to build, operate, and maintain a septic treatment plant. There was discussion regarding dates, but no decision has been made at this time.

Vanessa Giles motioned to adjourn. Mark Broaddus seconded. All present voting aye.

Meeting adjourned at 8:54 a.m.

Respectfully submitted, Mark Broaddus

July 17, 2009 Special Meeting Minutes

Don West called the meeting to order at 8:32 a.m.

Present: Vanessa Giles, Mark Broaddus, Don West, Lisa Brewer

Absent: Mike Ellis

The board met to approve the application resolution for the Texas Water Development Board application.

Don West answered questions by the board related to voting requirements for the September 12th election. He discussed how individuals can transfer their vote, absentee vote, when early voting would be, and how citizens can register for the election.

Don West went over the Texas Water Development Board application. He specifically made note to affidavits “WRD-201, WRD-201A, WRD-201B, and to the following:

“A Resolution by the board of supervisors of the Brazoria County Freshwater Supply District #2 requesting financial participation from the Texas Water Development Board; authorizing the filing of an application for financial participation; and making certain findings in connection wherewith.”

This resolution was introduced to the board for passage and adoption. After presentation and due consideration of the resolution, and upon a motion made by Mark Broaddus and seconded by Vanessa Giles, the resolution was duly passed and adopted by the board by the following vote total: “4” for and “0” against and abstained “0”.

Vanessa Giles motioned to adjourn. Mark Broaddus seconded. All present voting aye.

Meeting adjourned at 9:00 a.m.

Respectfully submitted,

Mark Broaddus

July 9, 2009 Special Meeting

Don West called the meeting to order at 6:05 p.m.

Present: Don West, Mark Broaddus, Lisa Brewer

Absent: Mike Ellis, Vanessa Giles

Don West called for a motion to call for a special election on September 12, 2009. The election is to authorize the Brazoria County Freshwater Supply District #2 to purchase, construct, acquire, own, operate, repair, improve, and extend a sanitary sewer system to control waste pursuant to Section 53.121, Texas Water Code.

A motion was made by Lisa Brewer and seconded by Don West. The motion carried, all present voting aye.

Don West made a motion to change the voting location from Polk Elementary and Oyster Creek City Hall to the Demi John Fire Station. The motion was seconded by Lisa Brewer. Motion carried, all present voting aye.

Don West made a motion to adjourn, seconded by Lisa Brewer. The motion carried, all present voting aye.

The meeting adjourned at 6:25 p.m.

Respectfully submitted,

Mark Broaddus

July 7, 2009 Board Meeting Update

We are having called a meeting tomorrow evening at 6:00 pm to call for a special election on September 12, 2009. This election is really just a formality. According to Section 53 of the Tx. Water Code we have to have a election to authorize the district to purchase, construct, acquire, own, operate, repair, improve and extend a sanitary sewer system to control wastes. This is exactly what we were established for by our original petition to the Court, "to build a waste water facility for Demi John". ... There is no money attached to this ballot. We will be voting to authorize the district to build a system, period. The election will be held at the Demi John Fire Station. Early voting will be at the Fire Station as well.

We will also be open the Saturday of Labor Day weekend for those who live out of the district and want to vote. If you do not live at Demi John you may change your voter registration to do so for this election provided you are a property owner.

We are sitting on pins and needles waiting to hear about the grant. There is one obstacle to overcome and our engineer has made a case for resolution. All projects approved for grant funding must be "Green" (energy, environment friendly) The EPA and the engineer are trying to resolve this to our satisfaction. If this project is declared GREEN then we proceed with filing the application, engineer drawings etc... If not, we start over with the USDA grant. ... We still need engineer reports and plans.

If we get the TWDB grant we will be pumping our waste to Oyster Creek. We have been negotiating with Oyster Creek and last night the board approved a Memorandum of Understanding that we would sign a contract with them pending funding and subject to our board approval. Don West delivered this MOU to the Mayor this morning. Their board meets on July 16th and they will review our request. We have also negotiated a agreement with Orbits to manage the sewer system and provide billing to the district. Our financial committee is currently working out the details for fees and services. We don't know what our fees might be but other districts that Orbitz manages pay a minimum of $25.00 a month plus $2.50 per thousand gallons of water usage with a cap of 5 or 6 thousand gallons a month. Under this system, if you used 5,000 gals this month you would pay $40.00 for sewage.

Remember, this is just a sample. Our financial committee is contacting other district like Port O'Conner for information.

By pumping to Oyster Creek we would not build a plant but rather have large pumps pumping the waste.

We have a contingency contract for land purchase. We have negotiated a purchase/trade with Tom Spinks for approximately 3.3 acres of land located off CR227 (north side) for a price of $20,000. The wildlife Refuge has reconfigured this property into a square design that would give us all the room we need for future endeavors. We have signed agreements for this sale. The money for this purchase is coming from the Bastrop Bayou Watershed Plan and should be approved the beginning of September.

We are also advertising for engineers services and financial consultant. This is a require for both the TWDB and USDA grants.

June 22, 2009 Update

We have negotiated a land purchase/ trade with the U.S. Wildlife folks. We have a contingency contract with Mr. Claude T. Spinks for 3.5 acres of property off CR 227 and the Wildlife folks will trade equal value property that they own by the Fire Station. We have this in writing and it is subject to board approval.

It appears that we are going to have to call a special election to vote on building a wastewater system. We were originally appointed by the County Commissioners Court to build a wastewater treatment system. The Texas Water Code Ch 53.121 says, before a district can construct, purchase, acquire, own, operate, repair,

improve a sanitary sewer system, it (the district) must hold an election. This should have been done in May and the next regular voting period is in November. Therefore, we have requested the Governor approve a special called election ASAP.

JUNE 11, 2009 SPECIAL MEETING MINUTES

Don West called the meeting to order at 1:00 p.m.

Present: Don West, Mark Broaddus, Mike Ellis

Absent: Vanessa Giles, Lisa Brewer

Don West explained that this special meeting was called to authorize a request to the Governor to authorize the Brazoria County Freshwater Supply District #2 to hold a special election on an emergency basis not on a uniform election date to authorize the district to purchase, construct, acquire, own, operate, repair, improve, and extend a sanitary sewer system to control waste.

Mike Ellis clarified the motion to this request and then made a motion to authorize the Brazoria County Freshwater Supply District to authorize a request to the Governor of the State of Texas to hold a special election.

The motion was seconded by Mark Broaddus. The motion passed, all present voting aye.

Don West motioned to adjourn, seconded by Mike Ellis. Motion passed, all present voting aye.

Meeting adjourned at 1:05 p.m.

Respectfully submitted,

Mark Broaddus

JUNE 6, 2009 Meeting Minutes

Don West called the meeting to order at 10:04 a.m.

Present: Don West, Mark Broaddus, Vanessa Giles, Lisa Brewer, Mike Ellis Absent: None

Don West introduced Ms. Kim Chacellor with the engineering firm of CDM . She updated the Board and audience on the engineering contingency contract. She began by explaining what had been done regarding the contingency contract for engineering. She clarified questions Board members asked about the contingency contract. She explained aerobic systems and the maintenance and operations of a sewer plant. She indicated that we were a priority for applications and that their firm would assist in writing these grant applications. There was discussion regarding percentages for engineering costs.

Our attorney, Larry Boyd, clarified the process for advertising for engineering firms.

A motion was made and seconded to approve the minutes of the May 2, 2009 and May 11, 2009 meetings. All present voting aye.

A financial report was given by Don West indicating we have approximately $1700.00 with outstanding bills totaling approximately $1300.00. Mike Ellis motioned, Lisa Brewer seconded, to approve the financial report. All present voting aye.

Public Comments:

Tom Spinks wanted to know if we could canvas the engineers. Don West indicated that the law was not written to canvas, but to pick based on quality and performance.

Donald Maughn asked why the law suit was a criminal suit and not civil. He wanted to know how they picked what procedure to use to test. He also wanted to know how many people had passed and how many people had failed. The Board referred him to the county.

Don Wolfe asked if the deannexation will affect the grants that we have applied for. He wanted to know what political contacts had been made to elected representatives. He wanted to know if people with aerobic systems will be taxed and if they will be required to hook up. He wanted to know how much money we will get and will there be a fee assessed on vacant lots.

Don West closed the public comments.

Reports/Discussion:

Don West discussed the interlocal agreement with the county. He read an email from Christopher Jurgens from the Texas Water Development Board. It identified five items which must be included on a complete application for the Clean Water State Revolving Fund financial assistance under the American Recovery and Reinvestment Act.

Don West indicated that the county would pay for advertising and selection under the interlocal agreement.

The Board had some concerns with the interlocal agreement and a Board committee will be identified which will include two members from the Board.

A motion to advertise for professional services (engineering) which the county will pay for was made by Mark Broaddus, seconded by Don West, all present voting aye.

Don West went over the interlocal agreement with the county and it was amended to say that the Board must approve the engineers.

A motion was made to amend, all present voting aye.

Don West asked for a motion to approve the interlocal agreement of $5,000 from the Brazoria County Commissioners. Mark Broaddus made the motion, Don West seconded, all present voting aye.

Don West and Vanessa Giles volunteered to be on the professional services (engineering) committee. They will represent the Board and participate with the county representatives.

Don West indicated that on June 12, 2009 there is a Water Development Board meeting in Austin. Don West will present information on behalf of the district and provide the Water Board additional information regarding our situation in support of our application.

Ohm Cuchala offered to fund a part time grant writer to the district.

Don West proposed that the Board appoint an advisory financial committee. This committee would assist the Board in establishing ways to pay for financial obligations of the district. This committee would be comprised of four to five citizens that would brainstorm ideas for funding. He identified two interested

citizens, Gary Rinn and Kevin Tilley to be members of this committee. He asked the audience and Board members to help identify other interested individuals.

Don West asked for a motion which would authorize him to sign all paperwork for the application to USDA for additional grant funding.

Lisa Brewer motioned to authorize Don West to sign all paperwork for USDA grant applications, seconded by Vanessa Giles, all present voting aye.

Don West thanked the audience for their participation and indicated that we all have the same interest in this endeavor.

Don West requested the Board convene in executive session at 10:12 a.m. We will return to open session but no decisions will be made.

The meeting adjourned.

Respectfully submitted,

Mark Broaddus

June 6, 2009

A Public Hearing was conducted to hear comments regarding the exclusion of property from the district. Al Sterkx offered written comment to not exclude the property south and adjacent to Bastrop Marina. This has locally been referred to as "80 acres". A petition signed by approximately 45 property owners from the Marlin, Happy Holidays and Veselka subdivisions was presented to the board by board member Vanessa Giles. There were 3 or 4 comments that echoed concern that exclusion of said subdivisions might be premature and requested a postponement of the decision. One written comment by Pam Stansel was read. By a 3-2 vote the exclusion of property as originally described was approved.

The District boundaries no longer include the properties north of the bayou and the "80 acres". This was approved at the request of the folks from the affected subdivisions who feel like they can resolve septic issues in another way and for less money. The property owners excluded from the district may approach the board at a later date to consider inclusion.

Don West spoke to Mr. Chris Canonico, from the engineering firm CDM, this morning and he confirmed the original plan of action is to build a system for the

mainland and island first, "Phase I", then address the issues on the Marlin side of the bayou, "Phase II."

There were no request from individual property owners to exclude property.

In other business:

A motion was made and passed to begin advertisement for professional services such as engineering and financial consultant. This is necessary by law and a requirement for the grant. The board agreed to sign a Interlocal Agreement that delegates the county the authority to perform these task. A committee of county officials and board members will be formed to make final selections.

The board also approved another Interlocal Agreement with the county for an additional $5,000 loan. This money is to be paid back to the county when funds from grants are received. As you know, the board has no income or revenue for administrative cost.

... we have made progress toward applying for grant funds from USDA. We now have a tax ID and Dunn and Bradstreet number. The board approve a motion to apply for USDA funding. A local financial committee was established by the board to advise us on lawful and creative ways to pay for our system. This would include recommendations for service fees, tap fees etc... Committee members appointed thus far are: Gary Renn and Kevin Tilley. Both of these gentlemen have valuable expertise to assist us in making decisions regarding financial issues connected to this project. Repeat..... this is an Advisiory Committee.

JUNE 6, 2009 PUBLIC HEARING RE: EXCLUSION OF PROPERTY

Don West called the meeting to order at 9:00 a.m.

Present: Don West, Vanessa Giles, Mark Broaddus, Lisa Brewer, Mike Ellis Absent: None

Don West opened the public hearing by reading chapter 49.303 of the Texas Water Code. He notified the audience that this public hearing was to allow the public to speak or present evidence for or against any exclusion of property proposed by the Board or by a petition of property owners.

The Board has proposed the exclusion of property generally described as follows:

Said property to be excluded from the district is all that land within the current district that is northeast of Bastrop Bayou, including all of Marlin S/D, Happy Holidays S/D, S/D of 6.837 Acre Tract 1 in the Guy M. Bryan Abstract 158, all parcels off Veselka Road that are currently within the district out of the J. Armendaris Abstract 408, Tracts 24, 25, 32 out of the C. Burden League Abstract 568 and any property along CR 227 northeast of CR 459.

Don West asked if any petitions for exclusion of property from the Brazoria County Freshwater Supply District were to be presented.

Vanessa Giles provided the district a petition signed by forty three (43) residents of the Marlin S/D, Happy Holidays S/D, S/D of 6.837 Acre Tract 1 in the Guy M. Bryan Abstract 158, all parcels off Veselka Road that are currently within the district out of the J. Armendaris Abstract 408, Traxts 24, 25, 32 out of the C. Burden League Abstract 568 and any property along CR 227 northeast of CR 459.

Public Comments:

Don West read two emails that he had received from citizens unable to attend the public hearing.

All interested property owners were given and opportunity to speak or present evidence for or against any exclusion proposed by the Board of by a petition of property owners.

A motion was made by Mark Broaddus to exclude properties identified by the Board in the resolution that was passed on May 2, 2009. The motion was seconded by Mike Ellis. The motion carried with three aye votes and two opposing.

Don West called for any individual property owners to request exclusion of their individual property from the district.

The district’s attorney, Larry Boyd, clarified the law allowing for individual property owners to request exclusion.

No individual petitions of individual property were presented to the Board for exclusion.

Don West closed the meeting by summarizing the exclusion of property provisions.

A motion was made by Mike Ellis, seconded by Lisa Brewer, to close the public hearing. All present voting aye.

The public hearing closed at 9:57 a.m.

Respectfully submitted,

Mark Broaddus

May 4, 2009

Recap of the board meeting held last Saturday. The board discussed the "Exclusion of Property" Chapter 49.303 of the TX. Water Code and passed a motion to exclude from the district the following:

Property ID # 179172 ( three plats of land south of Bastrop Marina) owned by an interest group in Conroe, Tx.

All properties on the north side of the bayou (Marlin, Happy Holidays, and Veselka Rd. subdivisions)

A Public Hearing will be conducted on June 6 at 9:00 am at the Demi John Fire Station to hear protest or support and to hear other request for property to be excluded.

A copy of the code was distributed (and is available in the Exclusion of Property link above.)

If this passes then the new boundaries of the district will exclude the north side of the bayou and the property south of Bastrop Marina (commonly called the "80 acres"). The focus of the sewer problems will then be Demi John mainland and island only. This is also what the engineering study recommended as Phase I.

In funding news, the Brazoria County Commissioners Court voted to appropriate $350,000 of CIAP (Coastal Impact Assistance Program) funds to us ( BCFWS#2) This gives us a total of $490,000 in grant funds which would cover engineering of our project.

We are still awaiting word from the Tx. Water Development board on our grant application. We are eligible for their loan program at an interest rate of 0.95%. We are also in the process of applying for USDA funding in the form of grants.

A sample funding handout was reviewed by the board and audience. This sample shows how it may be possible with acombination of grants and low interest loans to fund our project without taxation.

As an example: If we received a grant of 60% and made a loan for the other 40% for 30 years, each homeowner would pay approximately $40.00 a month for sewer. A portion of this would cover the loan and the rest is for maintenance and operation. Keep in mind that these are rough estimates only. The more grant funds we receive the less each of us would have to pay. This is also based on having 200 homes combined from the mainland and island hooked up into the system.

We looked at the overall cost of Aerobic systems as well. These run anywhere from $75.00 a month, depending on the type system and interest rate on your loan, to $106.00 a month for the first 10 years. Over a 30 year period with maintenance your looking at $20.000 to $27,000.

The board has requested a meeting with county officials and the engineering firm of Camp, Dresser and McKee to discuss a possible contingency contract. This contingency would be based around the receipt of the above mentioned CIAP funds.

Trash Bash March 2009

... the Trash Bash was a huge success. We filled up two 30 yard containers full of debris and removed one old boat from the banks that has been around for years. I believe this will be an annual event so mark your calendars for the same weekend next year. Molly McCormic's class of students from Lake Jackson Intermediate were soooo cute. Thanks to Capt. Randal Grove, the kids were ferried to the clay banks area and worked both sides of the bayou. They did a fantastic job and Randal was great with the kids. Hats off to Randal and the kids for an outstanding job. ...

Also, we will be searching for sponsors for next year. I have forms and letters for sponsorships. ...We must thank HGAC for including us in their budget and giving us the opportunity to make a difference. .... Don West

Jan. 11, 2009

The engineering firm CDM presented their report to the board as well as county officials in attendance. Commissioner Payne, Env. Dir. Karen Carrol, Asst. DA Mary Chine, and county inspectors were present.

In this report are test results and data that confirms the need to proceed with alternate methods of disposing of wastewater in our community. The report recommends an Air-Vac system be built to provide such service. Estimated cost was four million dollars. No action was taken by the board. I will forward this report in PDF format when we receive it. We need to be reminded that this company is employed by the county and not by this district. We discussed funding sources such as grants to offset the cost of such a project. It was mentioned that the Texas Water Development board