NOTICE OF REGULAR MEETING
AND SHOW CAUSE HEARING
UPPER TRINITY GROUNDWATER CONSERVATION DISTRICT
1250 E. Highway 199, Suite 102
Monday, July 18, 2011
Show Cause Hearing and Board Meeting begins at 5:00 P.M.
Regular Meeting begins at conclusion of Show Cause Hearing
1. Welcome guests and members of the public.
2. Roll call, establish a quorum, call Board Meeting and Show Cause Hearing to order, declare the board meeting and hearing open to the public.
SHOW CAUSE HEARING
3. Conduct Show Cause Hearing regarding Mr. Jess Lewellyn, Texas H2O, Inc., P.O. Box 613, Mansfield, Texas 76063 for alleged major violation of District Rules; failing to timely pay usage fees on 7 wells.
4. Discuss, consider, and take appropriate action regarding the testimony received under item 3, to include authorizing President and or General Manager to hire appropriate legal counsel to initiate
a civil lawsuit in this matter to enforce compliance with the District Rules, including recovery of
civil penalties, costs, and attorneys fees, and all other appropriate legal and equitable relief.
5. Adjourn or continue Show Cause Hearing.
REGULAR BOARD MEETING
DISCUSS, CONSIDER, AND TAKE APPROPRIATE ACTION, INCLUDING EXPENDITURE OF FUNDS AS NECESSARY OR APPROPRIATE, ON THE FOLLOWING AGENDA ITEMS:
6. Consent Agenda:
Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the General Manager or his designee to implement each item in accordance with the Staff recommendations. The consent agenda will be approved as a block. Any Board member that has questions regarding any item on the consent agenda may have the item pulled and considered as a regular item on the agenda. Any items so pulled for separate discussion will be considered as the first items following approval of the consent agenda.
A. Approval of minutes from Board meeting on May 16, 2011.
B. Approval of bank statement ending May 31, 2011, and current financial report of the District through June 20, 2011.
C. Payment of bills/ invoices received through June 20, 2011.
D. Reimburse General Manager, Office Manager and or Director of Field Operations for invoices/ bills paid on behalf of the District through June 20, 2011.
E. Approval of minutes from Board meeting on June 20, 2011.
F. Approval of bank statement ending June 30, 2011 and current financial report of the
G. Payment of bills/ invoices received through July 18, 2011.
H. Reimburse General Manager, Office Manager and or Director of Field Operations for invoices/ bills paid on behalf of the District through July 18, 2011.
7. Any items from consent agenda that were pulled for further discussion.
8. District’s audit report from Willsher & Associates, PLLC.
9. Committee Reports and Charges.
A. Public Education Committee:
(i) Committee report regarding implementation of cinema advertising.
(ii) Action as necessary on recommendations from committee based on its report provided
under Agenda Item 9.A.(i).
B. Policy & Personnel Committee:
(i) Committee report on possible recommendations regarding incorporation of suggestions
received during staff training on records retention.
(ii) Committee report on staff request for a District Retirement Plan including possible amendments to District Personnel Policy regarding benefits and establishment of a probationary employment period.
(iii) Committee report on staffing recommendations for consideration in 2012 budget.
(iv) Committee report on performance evaluation of General Manager.
(v) Action as necessary on recommendations from committee based on its report provided under Agenda Item 9.B. (i), (ii), (iii) & (iv).
C. Finance Committee:
(i) Committee report on appropriate method(s) to fund possible District Retirement Plan including recommendation(s) concerning starting such a plan in 2012.
(ii) Committee report on amending 2011 Budget to fund a new line item “Supplemental Insurance” in the amount of $3,178.62 for additional staff insurance coverage approved at the May 16, 2011 meeting.
(iii) Committee report on staff recommendations regarding obtaining a server to fulfill computer needs of the District.
(iv) Action as necessary on recommendation(s) from committee based on its report provided under Agenda Item 9.C. (i), (ii) & (iii).
D. Special Committee:
(i) Committee report regarding possible purchase/ lease of property for District office.
(ii) Action as necessary on recommendation(s) from committee based on its report provided under Agenda Item 9.D. (i).
10. General Manager's report: The General Manager will brief the Board on the following items,
which may be discussed, considered, and acted upon by the Board, including authorizing the
initiation of, managing, or resolving enforcement action or litigation where applicable.
A. Report on progress, if any, with Intera’s interaction with TWDB in revising the State’s
Groundwater Availability Model.
B. Report on request by Jim Dunaway, Deer Ridge Estates, to postpone the public hearing
regarding request for a conditional exception to District spacing rules pursuant to District
Rule 4.6 originally set for July 18, 2011.
C. Report on start-up of new District website.
D. Report on alleged violation(s) by Texas H2O, Inc., Jess Lewellyn, P.O. Box 613, Mansfield,
TX 76063, and/or Texas Rain Holdings, 2004 S.W. Parkway, Granbury, TX 76048, and/ or
Rollins Hills Water Corp., and/ or One Source Water of Weatherford, TX, and/ or Horseshoe
Bend Water Works, 1600 Crossland Rd., Suite 105, Granbury, TX 76048, and/ or La Guna
Tres and/ or La Guna Tres, Inc., and/ or Ike Thomas, P.O. Box 155, Cresson, TX 76035,
failure to timely pay usage fees due the District.
E. Report on staff progress in obtaining readings from District’s monitoring wells.
F. Staff recommendation on securing services of a hydrologist to evaluate the District’s Water
Well Monitoring Program and identify specific geographic areas and/ or specific layers of the
Trinity Aquifer and/ or Paleozoic Aquifers within the District that need to have wells added to
the current list of monitoring wells in order to obtain the most comprehensive information
G. Report on progress in submitting UTGCD exempt usage data to update TWDB Exempt Water
Use Projections (based on 2006 data) for 2010 and offer improved projections for 2020 thru
H. Report on possible recommendation for Records Retention Officer for the District.
I. Update on District administrative and operational matters.
11. Consider placing approved minutes on website.
12. Report on GMA 8 meeting held on June 23rd.
13. Report on monitoring program for injection wells within the District.
14. Report on Texas Railroad Commission H-11applications within the District.
15. Consider retaining local legal counsel for potential litigation.
16. Quarterly report by District Investment Officer.
17. Review line item expenditures and adopt budget amendment(s) as necessary.
18. Election of District Officers to serve two year terms ending in July 2013.
19. Designate members of the Board to sign District checks and authorize Board President
to notify all approved financial institutions holding District funds of the change in authorized
signatures and secure necessary changes to all District signature cards effective July 18, 2011.
20. Public comment.
21. Determine time and place for next meeting.
22. New business to be placed on the next meeting agenda.
23. Adjourn board meeting.
The above agenda schedule represents an estimate of the order for the indicated items and is subject to change at anytime. These public meetings and hearings are available to all persons regardless of disability. If you require special assistance to attend the meetings or hearings, please call or (817) 523-5200 at least 24 hours in advance of the meeting to coordinate any special physical access arrangements.
At any time during the meeting or hearing and in compliance with the Texas Open Meetings Act, Chapter 551, Government Code, Vernon’s Texas Codes, Annotated, the Upper Trinity Groundwater Conservation District Board may meet in executive session on any of the above agenda items or other lawful items for consultation concerning attorney-client matters (§551.071); deliberation regarding real property (§551.072); deliberation regarding prospective gift (§551.073); personnel matters (§551.074); and deliberation regarding security devices (§551.076). Any subject discussed in executive session may be subject to action during an open meeting.
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