November 13, 2018 – Minutes

THE STATE OF TEXAS
COUNTY OF KENDALL
COW CREEK GROUNDWATER CONSERVATION DISTRICT

 

November 13, 2018

 

The Board of Directors of the Cow Creek Groundwater Conservation District (CCGCD) convened the Regular Meeting in the Third Floor Assembly Room of the Kendall County Courthouse located at 201 E. San Antonio Avenue, Boerne, Texas.

Directors Present:

Milan Michalec – District 2 (President)    

Bob Webster – District 1 (Vice President)

Curt Campbell – District 4 (Treasurer)

Allen P. Bloxsom III – At Large (Secretary)

Directors Absent:

R.K. “Bobby” Schwab – District 3 (Asst. Secretary/Treasurer) – VACANT

    

  1. Call to Order. Director Michalec called the meeting to order at 6:00 P.M.
  2. Pledge of Allegiance. Micah Voulgaris led attendees in the Pledge of Allegiance.
  3. Establishment of a Quorum. A quorum was reached with four Directors present.
  4. Public comment.
    • Ms. Charlotte Rose wanted to know if the speleological item will be back on the agenda.
    • Mr. Mike Luckey asked the Board to send a resolution against the Kendall gateway Study to the County and TXDOT.
  5. Consent Agenda: Director Campbell made a motion to approve the Consent Agenda. The motion was seconded by Director Bloxsom and passed 4-0-0.
    1. Approval of minutes from the September 10th, 2018 Regular Meeting
    2. Approval of minutes from the September 10th, 2018 Workshop
    3. Payroll, employee benefits, operational expenses and payment of such
    4. Monthly financial report(s)
    5. Monthly operations report
  6. Discussion and action on an application for an operating permit for a new well and for an operating permit for an existing well. The Applicant, Vulcan Construction Materials, LLC is requesting 36.66 acre feet annually from the proposed well and 13.78 acre feet annually from the existing well.  The water will be used to support the operations of a concrete batch plant and provide potable water to the office building (15 employees) at 539 State Highway 46 in Boerne, TX 78006.  Director Campbell recused himself from the bench during this item.  Micah gave an overview of the permit application.  The following comments from the public were recorded:
    • Ms. Pattie Beebe spoke against the Vulcan application and is concerned about the community’s groundwater.
    • Mr. Jerry Keeton spoke in opposition to the Vulcan application.
    • Ms. Toni Lott spoke in opposition to the Vulcan application and cited violations against Vulcan as a reason not to issue the permit.
    • Ms. Denise Lindeman spoke in opposition to the Vulcan application.
    • Mr. Woody Stevenson spoke in opposition to the Vulcan application and compared the proposed water use to the entire Pleasant Valley Subdivision.
    • Mr. Tim Young spoke in opposition to the Vulcan application.

The Board went into closed session pursuant to section 551.071 of the Local govt. code to consult with their attorney. Closed session lasted from 6:36 P.M. until 7:55 P.M.  After the Board reconvened, General Manager Micah Voulgaris presented staff’s recommendation of 35 acre feet annually, with the addition of a monitor well and an annual review.  After discussion, Director Michalec made a motion to issue the operating permit for 35 acre feet annually with the following conditions: 1. The Permittee’s proposed monitor well (item #20 from application) shall be located in cooperation with the District. 2. As a conservation-oriented method, the District, at its discretion, may install real-time monitoring equipment on the wells, including any monitor wells drilled on the property. 3. The District may limit the production rate based on an evaluation of studies, monitoring well data and applicable hydrogeological studies to prevent waste and achieve water conservation, minimize as far as practicable the drawdown of the water table or the reduction of artesian pressure, including but not limited to enforcement of the adopted desired future conditions of the aquifer, and lessen interference between wells. 4. The Permit will be reviewed annually by District staff to determine compliance with District Rules and Permit conditions.

Director Bloxsom seconded the motion which carried 3-0-1, with Director Campbell abstaining.

  1. Discussion and action relative to filling the vacant District 3 Director’s seat. After an introduction, Director Michalec motioned to appoint Benjamin Eldridge to the vacant District 3 Director’s position. The motion was seconded by Director Webster and carried 4-0.
  2. Acceptance of the 2015 financial audit. Director Bloxsom made a motion to accept the 2015 financial audit, which was seconded by Director Michalec and carried 4-0
  3. Annual Report on the State of the District for FY 2017-2018. General Manager Micah Voulgaris presented the Board with the 2017-2018 annual report on the State of the District.
  4. District activities & subcommittee updates:
    1. Monthly report  GM Voulgaris provided the staff’s monthly report. 
    2. Meteorological update  No update.
    3. Current drought stage Director Campbell motioned to move to stage 1 drought restrictions, which was seconded by Director Bloxsom and passed 4-0.
    4. Subcommittee updates  No update.
    5. Pending operating permits  No update.
  5. Update and possible action on the New Office Building at the #9 Toepperwein property. No action was requested or taken. Micah gave the Board an update on construction activities.      
  6. Liability insurance for officers and Directors. Directors reviewed the liability insurance for the District at the request of Director Bloxsom.
  7. Correspondence. Micah presented the Board with information provided by UTSA on a intern symposium in December.
  8. Future meeting dates and meeting topics The CCGCD Board of Directors will hold a Regular Meeting Monday, December 10, 2018 at 6:00 P.M.
  9. Adjournment.  Director Bloxsom made a motion to adjourn at 8:56 P.M. The motion was seconded by Director Micahlec and passed 4-0-0.

MINUTES APPROVED:


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