Okay. I'm going to show you guys the first one. the 10 is called to order at 6 o'clock. There is a quorum present. Would everyone please stand for the pledge of allegiance to the flag of the United States of America and to the Republic for which it stands. In addition, under God, indivisible, with liberty and justice for all. the board of directors may at any time during the meeting close meeting and hold an executive session for consultation with its attorney concerning any of the matters to be considered during the meeting. Percent to sections 551 and 552 of the Texas Open Meeting Zach. meeting's act. Our first item is to approve or correct our minutes for our July meeting. Does anyone have any corrections to the minutes as written? Is their motion? I make a motion to approve the regular board meeting, meetings of July 18, 2024 has written. Second. Second. Second. Second. All those in favor raise your right, man. Okay, it passes, 5-0. Are there any citizens signed up to be heard? Yes, ma'am. Okay, who do we have first? We have one yet. Robert Maloy. Okay. Good morning. Hello, Mr. Maloy. I know it's I'm in the most important thing that I have to bring up is to thank Lynn and the women that work here. They're always very helpful. For me, I come here. I'm like a old school. I come to pay my bill at City Hall. So they're very, very helpful for me. I come here. I'm like a old school. I come and pay my bill at City Hall So they're very very helpful with me and I try to donate by paying late to try to help the fun The reason I'm here is there is a Meter cover behind my house within the alleyway It's actually my neighbors directly behind me at 8217 Winway. Multiple times people have driven over it and gotten flat tires. She let me back up here. I was coming home. I drove over it. It moved and it blew my tire, frustrating for everybody, right? So immediately my thought was go to the homeowner, right? And say, hey, you owe me for everybody right. So immediately my thought was go to the homeowner right and say hey you owe me for a tire your meter cover flattened my tire and you know I was calm about it but she told me yeah me too I said excuse me she said yeah it's flattened my tire too and I said well who's in charge of this meter cover so I went down to Lynn and the girls down here and they said that well the water district is in charge of the meter cover itself, response, I should say, for the meter cover itself. And so we began the process of emailing and like, can I be compensated for it? The reason I was requesting compensation, well for the obvious reason that a meter cover shouldn't flatten your tire. I mean, right, guaranteed. But the bigger reason really is, it's happened to my neighbor as well. I guess she said she made a complaint. I have no way of subpoenaing her. But she said she made a complaint. Apparently, her pool guy also had his tire flattened by the same meter cover. And I guess I'm the third victim. After inspecting it, it doesn't look like any of the other meter covers along that alleyway. They're all cement with a steel hinge. I don't know if you guys know what a meter cover looks like. I assume you see it. Where you left it up and you can read the meter, right? The meter reader can read it. The hinge basically stops it from moving because it's a fixed to the meter cover. The one that is at 8217 to me appears to be a fabricated piece of steel that somebody made to cover the hole. Maybe it's legit, maybe it's not, I don't know the legality of it, but it's clearly not an original design for that meter cover. It's not affixed to the whole whatsoever. So if you walk over and kick it hard enough with steel toe boots, you don't break your toe, you can move it. So a car can clearly move it, right? The reason I bring it up to you guys today is because as going through the process, it got kicked to the, from, I guess they didn't have the authority to cut me a check to reimburse from my tire So got kicked to the general manager and now it's kicked here It's not so much about fault. I'm not here for fault. I don't blame anybody for this It's really my fault. I drove over the meter cover However, it is in the roadway So I mean and it's steel for a reason right if you guys go out to anyone's house out here that has a front yard with a meter cover in it, you'll see it's plastic because you're not supposed to drive through people's front yards, right? But the reason it's steel is because it's in a roadway that makes sense, right? That you wouldn't have a plastic cover where a car can drive over it. The point is that it's really the responsibility of the water commission to make sure that it's a safe meter cover that it's not causing damage to people's vehicles. It's not your fault but it is your responsibility and so I'm here hopefully to see compensation for my tire which you know isn't the most money in the world but it's a principle you. I don't like having to pay for a tire. I don't think anyone likes paying for flat tire, but I certainly don't like paying for one for something that shouldn't have happened. So that's basically why I'm here now. Thank you Mr. Merloy. Sure. You're on our agenda tonight. OK. Does everyone have the video that I said I have it on video because I have a surveillance camera right there at my garage. I wasn't able to get that to them. Okay, if anyone would like it, I have the video. I could show you. I do have it on my desktop. So, yeah. I appreciate it. Thank you so much. Thank you. Okay. Any other citizens to be heard? No one else? Okay. Thank you. Our next item is to look at the consent agenda. Does any member of the board wish to remove any item from the consent agenda for discussion? If there is a motion to accept the consent agenda... Madam President, I make a motion to approve the consent agenda. No, no, no, no. I'm not a motion to approve the consent for the consent agenda. No, second. It's motioned and seconded. All those in favor raise your right hand. Passes 5-0. OK. At this point, the board of directors will now hold an executive session for consultation with our attorney concerning matters to be considered during the meeting the The regular session of the board is hereby reconvened at 636. No decisions were made and the vote is taken in the executive session. We need to go now to individual items for consideration starting with A. The board will deliberate and may take action on a request from Robert Lopez at 430 Balfour Drive. Winfers, Texas to be reinstated on the district's automated bill payment plan. Mr. Wallace? Yes, ma'am. Mr. Lopez had requested that we put him back on the ACH. But if you look on our page 40 of our procedures from policies, it says if a customer pays a bill from the district by check or the check is returned with insufficient funds, more than twice in a 12 month period, that we will remove you from the ACH program. And then that we are going to require you to either pay by cash, money order or on the web site for up to 12 months. So that's been the district policy for a long time and so in order to put Mr. Lopez back on it the district would have to change our policy and that's what I'm bringing for you tonight is for y'all to decide whether you'll have to change our policy. And that's what I'm bringing for you tonight. It's for y'all to decide whether you want to change the policy or we stay with the current policy that we've had for years. The topic is open for discussion. My feeling is, two times in a a year we give a person the opportunity to if they don't have sufficient funds to be able to come back and ask us to reinstate them in that program. But the second time they don't I think to be fair to all of our citizens unless there's some sort of situation that is extenuating like someone was in the hospital and couldn't get the money into the bank or something like that. My feeling is that that the actual rule that we I think we should follow the policy. No, I don't disagree. Opportunities to paint advance are online, are there, and there wasn't utilize. So, I think it's free. I think it's free. I think it's free. I think it's free. I think it's free. I think it's free. I think it's free. I think it's free. I think it's free. I don't disagree. Opportunities to pay in advance or online are there. And it wasn't utilized. So anyone else. Is there a motion? Yes, Madam President. I'd like to make a motion to deny Mr. Lopez's request to be reinstated on the district's automated bill payment plan. Okay. Okay. Motion to the second. Is there any further deliberation? Okay. All those in favor raise your right hand. Yeah. Going on to item B. The board will deliberate and may take action on a request from Mr. Robert Malloy at 246 Fenwick Drive for reimbursement of costs arising from damage to his vehicle. Okay, you have Mr. Malloy at Cennis of Video and he came in and also presented an invoice for a tire to be repaired and we went over there, ED and I did and we looked at the meter box and the meter box is like 31 inches away from the fence. That facility, those boxes had been in there probably 40 something years. So then I went back and we pulled the records of all of the neighbors on both sides of the alley. Because they come in and they go through the alley to go to their garage. So it's kind of a tight area there. So they do go through the alley to go to their garage. So it's kind of a tight area there. So they do go through the alley to go to the garage. And in our records, which the ladies keep, excellent records, there was no records of anybody saying that we had a faulty meter lid, or meter box in that alley, okay? Based upon that information and what the law says, I denied Mr. Morales requests for that okay now we have been notified so we are going to see if we can't upgrade that to but someone tells us I've got a bad meter box yeah we'll take care of it someone tells us we've got bad manhole or whatever we but we never were notified of this alley having a situation therefore that's why I denied it that was in my authority but Ward has the option to to choose whatever they want to I think Mr. Barraim may be. Mr. Barraim do you have any legal advice for the board for information? Yes let me give you the conclusion first. The conclusion is that you have no liability in this particular situation. Let me explain that. Antexes governmental entities like the water district or counties or cities, they have, and does that something called governmental immunity? It goes way, way back to the old times of the can you can do no wrong, that's the thing. But that's what it's called, governmental immunity. Somewhere along the way the Texas legislature many many years ago carved out an exception to that general principle of governmental immunity. And that carving out is called the Texas Torque Lins Act. And so under the Texas Torque Lins Act, under certain situations, a governmentality can be liable. There are caps to that liability, but they can be liable. In this particular situation, well, let me have one more thing. That liability can be the result of either property damage, personal injury or death. Those three can be a government or they can't be liable for those three types of damages if the thing that caused that damage is either motor vehicle or motor driven equipment. Okay. The law narrows that liability for governmental entities when it's either a personal property or real property to only personal injury or death. They do not include property damage which is your situation. So if you were driving down the street and you drive over a Pothole and you damage your car, you wouldn't be entitled to any Damages if you're driving down the street or an alley or something and you drive over a meter box Once again because that's personal property and or part of the real estate. You wouldn't be entitled to Property damages if you had injured yourself different stories. Sure. If regrettably if you had died, it's a much more different story. But it wouldn't be here. Yeah, it wouldn't be here. But in this particular case, the law does not impose liability on the Bear County Water and Control and Improvement District and that would also be a whole truth for any other government. Does that make sense? Yeah I'm sure you don't agree with it but I mean it's if it's a lot it's a lot yeah that's cool yeah I mean I definitely don't agree with I'm in demand thank you mr. Herrera the thing that I want to emphasize is that we are going to take action to try to do something about that so that it doesn't happen again now that we are going to take action to try to do something about that so that it doesn't happen again. Now that we've been notified because we had never been notified before that there was any problem with that but we will take action. In the next couple of weeks Mr. Willis is okay. I asked real quick to Mr. Wallis that how did that cover get there that's currently there? I don't know. I don't know know I think someone in the past had had it Maybe in their many years. We don't know for sure, right? But you could tell that it was made after the fact that it wasn't It was it was designed to put on top of the meter box But it probably over a period of time they drive and stuff It had not set there as well as you should have said to sure Okay, is there a motion? it had not said to her as well as she should have said to her. Sure. Okay. Thank you. Uh-huh. Is there a motion? Madam President, I'd like the motion to follow the advice for attorney to deny the request for the embarrassment of calls arising from damage to Mr. Robert Mollas of vehicle tire. Thank you. Is there a second motion to the second? Second. All those in favor of the motion, raise your right hand. Yeah, it passes five o'clock. Our next item will be that the board will receive a presentation regarding the district's 2024 and 2025 Capitol Improvement plans and may deliberate regarding those plans. Mr. Young. Good evening. Mr. Wildhorn made me real short. I'm sure I'm ready to take it. There was one issue on the last meeting that I was at. We talked about the city street projects. They have been awarded and the projects will start within the next three to four weeks. I think that we've done all of the water improvements that we need to do in advance of the project. So you'll begin to see some overlay projects. Now, just for your information, there is work going along Walsum Road. Textile is actually doing a mill and overlay on that or putting new asphalt on that. We do not have any facilities in the the roadway so there are no adjustments or things that that we need to do as far as in advance of the Techstop war The other item I had was there is one potential new customer That I talked to David about that may be coming in. I can't announce who that is or may be publicly. They will have to go through a special use permit with the city and the city will have to approve that before the project can move forward but there may be a new customer coming in not a big water user but a new customer onto the system. Will that be a new building or into an existing building? It will be not really a building, it'll be a facility, but not a typical structure. Very minimal water use, mostly for kind of maintenance and some irrigation. That's all that's right now there that they may be asking for. But you'll begin to hear more, I guess, from the city as they move forward with the project. They will have to get a special use permit and they may not get it. So I'm not going to get ahead of them on that. With that, that's all I have. Unless you're on heavy questions to me. Any questions? Thank you, Mr. Young. Thank you. Okay, our next item is the board will deliberate and may take action regarding the impact to the security of the district's elevated storage tank and the site location at 601 Richfield arising from the proximity of a structure on 510 Cresway Drive to the elevated storage tank inside Mr. Wallace. Yeah, the reason I work this item is on the agenda. I want to the board to put the city of Wincrest on notice. On this item here, the individual at 510 Cressway built a large building up against our fence where the storage tank is, okay, which did not meet the city codes. Therefore, after he built it, he came back to the board of adjustments and asked a request to get a variance. And they gave him a variance. The issue is we are the property owners that are the most affected by anybody, but we never were notified. The city's statement was that on B-CAD, it says city of Wincrest Water Tower. Well, city of Wincrest doesn't own a water tower, but we do. And so we weren't not notified. So this may be an issue in the future. It may never be an issue. I just wanted this to come in front of the board tonight, so they can look at this and say okay we know it but the city should have notified us that this was happening and we got let out of the loop until it was too late. Okay. This is the second time that we haven't been notified appropriately and we went to the board of adjustment meeting the last one and said that we had not been notified of the current situation at 510 and the new request, which is I think what, 506, and that we needed to be notified to be sure that all of the rules from TCEQ were met before. A building was put up close to any of our property. Okay. Mr. Burr, this is quick comment. Now that we know that B.Cat's records are not accurate, they're not aware of trying to get those records changed. Thank you. But we don't normally go look at B-Cat anyway to see where our water tires have been there since 1963. That's when the wind development company turned it over to the water districts in 1963. So we don't look at B-Cat, but I guess we will now to make sure the district is tax-exact. Yeah, real reason to be looking at B-Cat. So property tax Our next item is E the board will deliberate and they take action regarding the impact of the security of the districts Elevated storage tank and site location at 601 Richfield arising from the proximity of a proposed structure at 506 Christway to the elevated storage tank and site base on a notice from the city of Wincrest Board of Adjustment for a response from the district regarding a request by the property owner of 506 Christway for a variance for their proposed structure. Mr. Wallace, okay? So on this item here, Miss Alexander had contacted me and notified me that this was becoming in front of the Board of Adjustments. And she had asked if the district had been notified. And I said, no, we have not. So Miss Alexander and I went that night to the Board of Adjustment. And what we had requested from the Board of Adjustments was that I would be tabled because we were like it really needed to come in front of the board for the board decision because Miss Alexander nor I have the decision to say yes or nay on this issue only the Board of Directors have the right to do that again we weren't properly notified so we asked for a table and after a lengthy two hours we got it again twice so it's been table so now it's in front of y'all to decide I will tell you that I believe that all of the requirements are met and so I have no problem recommending that 506 be approved but now that we went through the motion I think that's one of my motion is that my recommendation that we prove that tonight. And we asked the Board of Adjustment to postpone making a decision until we got verification that nothing in terms of the rules of TCEQ were being violated by having that building. And we found out that they weren't. According to where that building is going to be placed. Okay. Any further discussion? Is there a motion? Yes, Madam President. I'd like to make a motion to authorize the general manager to reiterate to the city that the water tanks inside the city are owned by the district, complete the city of Wincrest Board of Adjustments request for input involving 506 Crestway Drive variance request, sign the Board of Adjustment Form, and indicate on the Board of Adjustment Form that the district has no objection. Is there a second? It's been motioned and seconded. All those in favor raise your right hand. Okay. All right. All right. Our next item is F. The board will deliberate and may take action on a resolution approving the order of a general election on November 5th 2024 for the purpose of electing two directors to the board of directors of the water district. Yes, ma'am. This is a requirement that we're required to do and the board has to vote on this so that when the last date anyone can sign up to be for the election is Monday the 19th at 4 p.m. The law also allows the next four days for someone to come back in and sign up as a right in but they won't be on the ballot and but we're asking you to approve this motion tonight so that we can go ahead once the time is run up that we draw names and we go to go forward on that. It's a requirement. All right. Is there a motion? It's not a president. I make a motion that we approve resolution 2024-38 of the Bear County Water Control and Improvement District number 10 Board of Directors, approving the order of a general election on November 5, 2024 for the purpose of electing two directors to the Board of Directors of the district, approving the purpose of electing two directors to the board of directors of the district, provoking contract with the bare-con of elections administrator, joint election contract authorizing the director, the director's district's general manager to sign the joint election contract, making provisions for the conduct of such election and resolving other matters related to the conduct of such election. Is there a second? Motion didn't second it all those in favor raise your right hand. There's a amendment. Wait, wait, I think Mr. Burr ahead in one comment. That in the middle. I think the last part of that authorizing is. Authorize it directing, designating and appointing the district general manager as the early voting clerk. Find the resolution to have been considered pursuant to the law's governor open meetings, provide a severed middle of the clause, and establish an effective care. Good. Now the second is again. Motion to the second is all those in favor. Raise your right hand. Passes 5-0. Okay, our next item is 6. The board will receive a report about the district's operations, investment and the general manager's report. Mr. Wallace. Okay. All right. So for the month of July, you can see that the revenue for the water was 14370636, which was more than June. Even though we had the rain, we still had some good dry days. And so therefore the water revenue, the sewer income was 105 857 97 the EEA water rights we paid 15,391 76 unfortunately that's for all 1624 and so at this moment I'm telling you I don't look like we're gonna have to pay for all of them. It's just dead work down to 6.29 and a half today. So I don't see us getting out of anything. We have a hurricane in October, but we're just going to be stuck paying a lot of money this year, not using the water. TCK Resort for it is 1878-69. Missilani's fee is 2340-627. That was our check we got in from T-Mobile. We have a lease agreement with them and we normally get those in in July. So they sent the check to us again. Always thankful for that check. That's why the Miss Lannis fee was so high. So you income for the month of July was 290-241.02. The insurance has already been paid for the year. Group insurance was $65.09.49. $4 difference. Office expenses were about half. We weren't filling something out. At 26.85.91, professional services were almost the same at 31.59.30. Maintenance repairs 31.800.09. Part of that is also going into the capital improvement project. We just finished parts and materials that we buy in order to do the capital improvement project. We buy the materials and they furnish the labor. That's how we were able to get that project done. So that's why that number is always high. Utilities were higher because we pump more water 81.0426. EEA permit again, $11,9905. Pay roll tax was $38.34.31. Retirement was $25.52.31. Salaries was $50.1.21.64. We did a little bit at some overtime issues trying to finish up the CIP project. Solve contract was $65, $67, $67, which is almost what it was the month before. Assessment fee again, $18.76. We had nobody wanted to rebate last month. We had paid anything for the election. The Rants paid for it, no IT web. The Wincrest no charge is up there now at 78 66 15 remember the city of Windcrest gave us 10.9 acre feet of their water and so what we do is we allow them to use it for irrigation and the pond and stuff so that number is really gonna jump up here in the next couple of months until it gets cool and they quit using the water but they're not even gonna get close to anywhere the 10.9 they gave us but it helps helps to look that way. We wrote off no bad debt. Total expenses were 196.107.75. We had a net of 94.133.33. Then we got the interest off our CD. So at the end of July we had a great month. We had 1,000, 203, 35 net. And I would predict August would probably be pretty close to the same. And you know we put $35,000, $37,000 into the interest in sinking fund. And so that money is going to come out here next week or so? Come out of there. Yeah. At the end of the month, so they'll take all but a couple hundred dollars out. We pay our note. Our interest only. That's our note payment. Next page. OK, so you can see at Frostbank, our checking account, we have 42427271-211. The interest is sinking fine with 185-8498, which will disappear next month. And the other small ones are the ones we keep there in order to be open up checking accounts or savings accounts at the other bank. So you have 16, 316.00. At Text Pool, I'm gonna take my time about this this one going down this list so we can think about it. It just rate has not come down yet. When I turn it, you thought it would. So you got two. It's coming. 247, 248, 66. Text Pool. That's 5.33. that's still the highest and that could be taken out anytime we choose to okay Bank of OKZ we still have a 4.7 Broadway bank is 5.13 Bank of OKZ the other $150,000 is 5 Frost bank is 4.80 First mark which comes up this month is 5.01. I don't think they're going to give me that, but what they do. So normally on your resolutions you allow me to go 6 months to 13 months. I'm thinking based upon the election and things looking, I may skip the 6 months and go ahead and try to lock it in for a year. So I will tell you I went over to Ross Bank, you're 52 quick. I went to Ross Bank and I removed the one in Ross Bank and their option was 4.45 or 4.25. So I took the six month 4.45 then the stock market crash the next day, but that's another story so We got 4.45 so they've lowered their interest what they're offering and but we're still gonna be in good shape first mark Come and then so I'm thinking that maybe and y'all can tell me no But we may want to go ahead and start shooting more toward the 12 months, even though it might be a little bit more less interest today Like the one I'm going to do at first mark I'm probably going to go ahead and nail it down for a year because I think the interest rate is going to start coming down a little bit a little bit And we can play the numbers and y'all can say no more six months just do it for a year From there, okay, so we have one million, four, four, seven, seven, three, oh, fifteen in CDs. Okay, so the total funds we have available is two million, fifty eight thousand, forty six dollars and fifteen cents. So we're still at the two million dollar mark again. Still, okay, a mandatory report. We've had, you can see we already talked about the V8. We're still in stage three water restrictions. We're replacing only the old water meters that are broken, that don't work at all. We're still going through at a later period of time, not tonight. I talk about maybe doing an experiment on smart meters. We just had too many things on the agenda. I let that one slide. And so basically for me and our boys, I think the CIP projects for 2024 are done. I think we spent all the money I want to spend this year on that because you got to understand we spent money on Spanish malls, Pintel, and we also paid the storage day. So I think maybe time is just kind of coast to the end of the year and then we can see what happens next year. You can see we pumped 28 million, 208, we're averaging a million gallons or more a day for the last 10 days so we're getting up and you know sir. It's Pentel finally completed. There are a lot of problems on pin tail. On pin tail. My engineer over there. On pin tail what we did was we replaced the line that was in the street. So they may have some issues from the end of the color sack down to wind rock if they break inside the sidewalk area that we did not touch that because that was too much Funds available. I didn't have to do that So that may be a period in time we go back and done it But what we've done though we replaced pipe that we had broken in the past I've been broken in the past because mr. Young and his crew is gonna come there and repaid the streets So we'll be out of the streets completely on those three projects Spanish moss was an issue because we had quite a few breaks over there. We needed to get that done because he's going to do quite a bit of work on Spanish Moss. We're at 86.56 for the year. We're at 5.33.90 for Edwards Water Rights, so we're going to be pushing it just to get to 1,000. Has Edwards aquifer authority told us how much we're going to have to cut back. No, but I think at a 36%. That's their magic number and that'll put us around $1,050. So we kind of fluctuated a little bit because you know we came up and went down. I have I haven't called. I thought heck I totally did. I should call that now I wait till October November. I'm just got to believe it's going to be 36% for everybody. Everybody's in stage three or stage four. So I think everybody's going to be down to 36% reduction. Okay. What else was there? I think I already talked about built service next page. We did 52 work orders. We installed, we placed about 11 meters. We had one one break, one major break. But we spent a lot of time working on Spanish-Mal's Pintel, helping with the contractor. We had to go back and put in, we had five inches rain by the way in July. So we had a good July, unusual, unusual, though that. They made 34 adjustments with a little bit down. We were higher than that. But we had to put flow will fill on top of the line. So we're done for these ready to go on his project. Thank you, Paige. That's about it. OK. William. I think increasing the water adjustments already diverged out since we've been tracking them. We have a big increase in the water adjustment so they average out. This was a track. They're averaging out. You know, we start to slow down a little bit. Yeah, you know, I think the biggest one we have is usually the pool. Someone has issue with the pool. And then, you know, again, we don't read meters for a month. And so, there's sprinkler systems, or we don't have malfunctioned in there. But on and all, they've put much average off. And the customers have been great about doing, you know, we're in backflow summer. So they've been really good about turning their backflows in, records in. So we've done really well on that this year. I don't see any reasons to go back and go after anybody because I think they complied real well. So we just got through with our inspection. We got a couple of things he wanted to have questions about. We're still working on that survey with us. Pikes, we're going to finish the inspections this month and then next month, easy to start filling the inspection out for God knows who wants to read it but it'll be available for the government for sure. That's a question. Anyone has the deadline for the investment officer training? I think you have you you can do it within a year. Is there any other business to be brought before the board? you you can do it within a year. Is there any other business to be brought before the board? If not, is there a motion to adjourn? Yes, I make a motion to adjourn. The motion is seconded. All right, the Bayer County water control and improvement district board of directors meeting is hereby adjourned at 707.