Minutes of the Bartonville Water Supply Corporation

Board of Directors Meeting

Monday, November 16, 1998

Bartonville Water Supply Corporation Office

1911 East Jeter Road

Bartonville, Texas

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1. Call to Order

Directors in Attendance

Joe Graves, President

Scott Kilpatrick, Vice-President

Larry Kaufman, Secretary-Treasurer

Philip Block

Jan Loeckle

Michael Paulson

Directors Absent

Consultants in Attendance

Staff in Attendance

Jim Leggieri, General Manager

Betty Robertson, Administrator

Others in Attendance

Von Beougher, P E, G & A Consultants

Robert Burger

Roy Caldwell, representative for Kim Clement

Joe Davis, friend of the Grimmers

Mr. and Mrs. Donald Grimmer

7. Discussion and Action on Appointment of a Director to Fill the Position on the Board that Expires in 2001.

2. Executive Session

President Graves announced that the Board would convene in Executive Session at 7:18 P.M. concerning the following:

A. All Matters Regarding the Elevated Water Tank Site, Including the Provisions of the Bartonville Water Supply Corporation/Double Oak Compromise Settlement Agreement Pursuant to Government Code, Section 551.071.

B. All Matters Related to Bartonville Water Supply Corporation’s CCN/ Flower Mound/Bridlewood Pursuant to Government Code, Section 551.071.

The Board took no action and reconvened in Open Session at 7:38 P.M.

3. Public Forum

8. Discussion and Action on the Engagement Letter Regarding the 1998 Audit from Crain & Company.

14. Discussion an Action on All Matters Associated with the Following:

Leggieri requested that since Von Beougher had arrived that the Copper Woods Subdivision which was formerly Copper Hills be considered first.

F. Copper Woods

Beougher stated that the easements from Briarwood and TU Electric have been secured for the water line from Copper Woods west to Copper Canyon Road. He noted that the design of the subdivision is still in progress. Block inquired if all the requests had been resolved. Leggieri explained that Hersman had resolved the cost of the Briarwood easement which will be dedicated to BWSC and that Briarwood had agreed to a line extension to the camp site from their existing meter rather than installing another meter. Leggieri noted that he had been contacted by TU Electric and that their easement will also be dedicated to BWSC. Leggieri stated that he and Ginn had discussed the cost of the design of the off site transmission water line and that they had decided that it would be as cost effective to have Beougher do the plans since he is already involved in the engineering and surveying for the on site water lines in Copper Woods as it would be for Ginn to do them. Leggieri noted that Beougher had submitted a proposal which he and Ginn reviewed and think is reasonable. Beougher stated that he divided the proposal into three tasks which include the route survey, the design and plan production, and reference control and staking the center line of the right of way. Leggieri and Beougher explained that Hersman will be responsible for the on site lines in the subdivision and through the Roberts property.

Discussion was held on the cost of the actual construction of the line. Leggieri explained that the total cost would be $6,450.00 for the design, $62,050.00 for the 12 inch line, and the cost sharing of about 2,000 feet of the over sizing of the 8 inch line to a 12 inch line through the subdivision as it will be used as a transmission line from Copper Canyon Road to the Woodlands and the North Chinn Chapel area. Ginn stated that these costs are estimates and may vary when the designs are completed.

Motion by Block and second by Paulson to approve G & A Consultants’ proposal for the off site water line.

Motion carried unanimously.

B. Saddlebrook

Kaufman stated that since this development has been divided into two phases and that the line is being oversized for the development, he would like for the Board, when the plans are approved, to consider paying 70% or $105,000.00 on the first phase and 30% or $45,000.00 on the second phase. Ginn stated that the developer is having a problem with the payment of one half of the impact or equity fees. Ginn stated that he will advise them of this proposal.

A. Hidden Creek

Leggieri stated that there was nothing new to report on this subdivision.

C. Estates of Double Oak

Leggieri reported that the water lines are in and approved as far as quality but that the lines have not been given final approval because there are still some things to be done such as grading and the completion of the other utilities. He noted that if the water lines are cut the developer is responsible until BWSC gives final approval.

D. Estates of Timber Lakes

Leggieri reported that there is nothing new to report.

E. Chapel Creek Estates

Leggieri reported that this subdivision just needs to be cleaned up and that the all the fees have been paid.

9. Discussion and Action Requests Regarding Water Bills.

Caldwell was present to represent the Clements. Caldwell proposed on behalf of the Clements that a settlement of 10% on the average bill over the last year or $190.00 be reached. He stated that a $5,000.00 bill on a meter that had been tampered with was unreasonable. He referenced the use of a bar on the meter.

Leggieri reported that he had checked with the superintendent and that the old meter was removed, set on the ground, a reading was taken, and then it was put on the truck. Leggieri stated that the bar was used to align the new meter.

Discussion followed on the meter test report that stated that the meter tested to be accurate but that there was a possibility that the meter could have jumped when it rolled over and over registered by 100,000 gallons. Discussion also followed on the spread sheet which showed the Clements usage for the last three years, the possibility of a leak, and what could have happened to the water.

Leggieri stated that the only measuring device that BWSC has is the meter which had been tested and noted to be accurate with the possibility that it could have jumped a digit. He noted that theorizing could go on forever. Kilpatrick stated that he could not see how the meter could jump from an engineering point. Block stated that he was torn because the problem happened the month the meter was changed and at the time the Clements were out of town so water could have been taken or used by someone else. He also stated that since BWSC is non profit, the whole membership has to pay for the loss. Both Block and Kilpatrick stated that the Board does want to be fair and that is why there is a catastrophic water loss adjustment policy; however, they felt there was no evidence of where or how the water was used.

Paulson suggested a compromise on the 100,000 gallons that could have over registered if the old meter jumped a digit when it rolled over. Ginn stated that the only thing BWSC has is the meter test but that sometimes there has to be a compromise that neither party is happy with. Ginn recommended a 50% compromise.

Motion by Block and second by Paulson to accept the possibility that 100,000 gallons was credited to the account without it actually being used; therefore 100,000 gallons will be taken off the account which will make the usage be 214,270 gallons for which the Clements will be charged. Motion carried with Block, Loeckle, and Paulson voting aye and Kaufman and Kilpatrick voting nay. Kaufman noted that the vote was not unanimous.

Block requested that it be put in the record that BWSC members should realize that on these claims that their fellow members will be paying the difference.

B. Robert and Barbara Burger

Burger stated that Caldwell had just about made his point for him. He stated that he had been billed for 144,000 gallons of water and that he had suggested to his neighbor long before he came to the meeting that the meter could have jumped once which would have cost him 100,000 gallons. Burger said that using 44,000 gallons of water during July and August seemed reasonable. He said that the year he put in his lawn on typical Double Oak property of one acre his bill was $600.00 which he paid with no complaints; the next month his bill was $400.00 as he watered less as the grass came up. He stated that this year he has lost 8 shrubs, 2 trees, and 3 gardens from no water. Burger offered pictures to show where the grass was gone and stated that if he had used 144,000 gallons of water he would have a real lush piece of property. He again stated that if the meter jumped once it would have cost him 100,000 gallons of water. Loeckle noted that his meter would have had to be ready to roll over to do that. Burger said that the Board could look at his record and see that he had never used that much water during the seven years he has been here. He stated that they have an irrigation system but that they use a hose to conserve water; he said his wife even puts out buckets to catch rain water. He also noted that their pool only holds 15,000 gallons of water. He said he would have to empty, drain, and fill it 10 times to use that much water.

Block inquired about how many days a week they watered during the month in question. Burger replied that they used the hose on the spots that turned brown.

The Board inquired when the pictures were taken; Burger replied that they were taken before the rain. He said that since then they have spent another $120.00 to replace the grass seed where it burned.

Leggieri stated that the meter tested fine and that he would have to have the meter serial number before he could check to see if the meter was ready to roll over if that was even possible.

Graves informed Burger that the Board has a new policy for members to make their requests before the Board and then after hearing the requests the Board and staff research all the information before a decision is made at the next meeting. Burger stated that he would attend the next meeting.

 

C. Donald Grimmer

Grimmer stated that they moved to Double Oak about a year ago when they purchased a place that had been neglected. He said that in the Spring, they set out some trees and bushes. He noted that they do not have a sprinkler nor a pool. He stated they did not water their yard so it burned up; he said they only watered their flowers and mostly just trickled water on their trees to keep them alive. Grimmer said they used 39,000 gallons of water in July; however, they used 168,000 in August. He stated that he did not know the location of the meter or how to turn it off; however, after they received a $2000.00 water bill, he checked the meter which jumped from 9 something to a 1 million something. He did note that the meter tested to be accurate. Grimmer stated that he believed that the problem was with a hydrant that comes up out of the ground that was leaning until it finally broke on a Saturday. He said his wife called and told him they had a leak; however, they did not call a plumber as two of their neighbors repaired the leak. Grimmer stated that he had been trying to determine how they could have used the 168,000 gallons when he talked to a plumber friend. His friend told him that a leak under a house will not always bubble up, especially when the weather is hot and dry and there are a number of trees and shrubs. Grimmer stated that he believed that the leaning water pipe coming out of the ground must have been leaking before it broke. He said hopefully this would enable them to be under the catastrophic water loss. He said he knew they were supposed to file earlier, but that it was only ten days or so ago that he got to thinking that this was probably what could have happened. He said the pipe could have been leaking under his house for a month or so. Mrs. Grimmer noted that it was also past the 30 days when they got the meter reading back. Mr. Grimmer stated that they were not aware of the regulations and did not pay attention and were trickling a little water on their trees everyday, but their yard did burn up. He said that they have no proof that they had a break so that is why he brought his honest friend. Grimmer said that they did have a break which was repaired rather quickly. He noted that he could not say they used all the water in one day; however, he believes that there had been a leak for sometime under the house. Grimmer stated that they would like any consideration possible. Mrs. Grimmer noted that someone could come and see how it has been repaired and how it has a new metal device so it cannot move anymore.

Graves asked Leggieri if this is new information that he was not aware of. Leggieri stated that he does not deal with each of their requests individually; however, it was his understanding that Grimmer had stated in his letter that he had planted some trees and just went ahead and watered. Grimmer said he felt guilty because he watered when he was not supposed to and thought maybe he did use the water. Leggieri stated that he did not believe that the leak could account for that much water. Leggieri noted that the meter was under registering so he was getting water that he was not being charged for. Leggieri showed the Board the letter from Grimmer and stated that he thought Grimmer just wanted some type of adjustment. Leggieri stated that if Grimmer had made a request for a leak adjustment, it would have been considered. Grimmer stated that until 10 days ago he thought that was true. Kilpatrick stated that he knew of a similar situation. Leggieri stated that any adjustment would have to reflect that Grimmer did use a considerable amount of water. Grimmer stated that they did not change their pattern of watering from May until August.

Graves stated that the information would be reviewed and the Grimmer’s request would be on the agenda next month.

4. Approve Minutes of October 8, 1998.

6. Approve Payment Request No. 4 for Preload Inc./2MG Storage Tank.

5. Accept the October 1998 Disbursements and Financial Reports.

10. Discussion and action on Revising the Capital Expansion Buy-In Fee to Reflect Meter Sizing as Well as Establishing Standard Meter Size.

11. Discussion and Action on all Matters Regarding the Elevated Water Tank Site, Including a Review of the Provisions of the Bartonville Water Supply Corporation/Double Oak compromise Settlement Agreement.

12. Discussion and Action on all Matters Relating to Bartonville Water Supply Corporation’s CCN/Flower Mound/Bridlewood.

13. Discussion and Action on Profit Sharing Contribution for 1998.

16. Discussion and Action on the Budget for 1999.

15. Discussion and action on Water Rates.

17. Discussion and Action on Approving Authorization for the General Manager to Acquire as Necessary Loan Funds from First State Bank of Texas for Current Capital Projects.

18. Staff and Consultants Reports.

19. Review Future Agenda Items, Activities and Announcements, Set Date and Time of the December Regular Meeting.

20. Adjournment

Recorded by Betty J. Robertson, Deputy Secretary-Treasurer

Certified by Larry Kaufman, Secretary-Treasurer