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2017-10-11 Regular Meeting Minutes CAPE FEAR PUBLIC UTILITY AUTHORITY AUTHORITY BOARD MINUTES OCTOBER 11, 2017 Lucie Harrell Conference Room Regular Meeting 9:00 AM 230 GOVERNMENT CENTER DRIVE WILMINGTON, NC 28403 I. CALL TO ORDER II. DETERMINATION OF A QUORUM Attendee Name Organization Title Status Arrived Mike Brown Cape Fear Public Utility Chair Present Authority Wesley Corder Cape Fear Public Utility Vice-Chair Present Authority Jennifer Adams Cape Fear Public Utility Secretary Present Authority William Norris Cape Fear Public Utility Treasurer Present Authority Larry Sneeden Cape Fear Public Utility Board Member Present Authority Chuck Davis Cape Fear Public Utility Board Member Present Authority Cindee Wolf Cape Fear Public Utility Board Member Present Authority Patricia Kusek Cape Fear Public Utility Commissioner Present Authority Charlie Rivenbark Cape Fear Public Utility Councilman Present Authority Kevin O'Grady Cape Fear Public Utility Councilman Present Authority Skip Watkins Cape Fear Public Utility Commissioner Present Authority Jim Flechtner Cape Fear Public Utility Executive Director Present Authority Linda Miles Miles Firm, PLLC CFPUA Consulting Attorney Present Frank Styers Cape Fear Public Utility Chief Operations Officer Present Authority John McLean Cape Fear Public Utility Chief Financial Officer Present Authority Beth Eckert Cape Fear Public Utility Director of EMD Present Authority Denise Matroni Cape Fear Public Utility HR Director Present Authority Peg Hall-Williams Cape Fear Public Utility Chief Communication Officer Present Authority Carel Cape Fear Public Utility Director of Engineering Present Cape Fear Public Utility Authority Page 1 MinutesAuthority BoardOctober 11, 2017 Vandermeyden Authority Kristine Irick Cape Fear Public Utility Customer Service Director Present Authority Lindsey Hallock Cape Fear Public Utility Executive Administrator/Deputy Present Authority CCO Julia Vosnock Cape Fear Public Utility Procurement Manager Present Authority Donna Pope Cape Fear Public Utility Clerk/Executive Secretary to the Present Authority Board George House Brooks, Pierce Present Heidi Cox State of North Carolina Present Jim Iannucci New Hanover County Present Dave Cowell City of Wilmington Present Harper Peterson Present Tim Buckland Wilmington Star News Present III. ADOPTION OF AGENDA IV. APPROVAL OF MINUTES 1. Authority Board - Regular Meeting - Sep 13, 2017 9:00 AM RESULT: ACCEPTED \[UNANIMOUS\] MOVER: William Norris, Treasurer SECONDER: Chuck Davis, Board Member AYES: Brown, Corder, Adams, Norris, Sneeden, Davis, Wolf, Kusek, Rivenbark, O'Grady, Watkins V. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER There were no public speakers. VI. SPEAKER UPDATE FROM THE SEPTEMBER 13 BOARD MEETING Mr. Flechtner reported that staff was working with the speaker from the September meeting. VII. CONSENT AGENDA Mr. Brown requested that he be recused from voting on Item 3, due to a potential conflict of interest with his employer. Mr. O'Grady requested clarification on Items 5 and 6. Mr. Flechtner answered questions regarding funding sources and the creation of the Sweeney project. Ms. Kusek moved to approve the Consent Agenda, Items 1, 2, and 4 through 8. Mr. O'Grady seconded the motion, and it passed unanimously. Ms. Kusek moved to recuse Mr. Brown. Mr. Norris seconded the motion, and Mr. Brown was unanimously recused. Mr. Norris moved to approve Item 3. Mr. O'Grady seconded the motion, and it passed unanimously. Cape Fear Public Utility Authority Page 2 MinutesAuthority BoardOctober 11, 2017 1.Parcel to Revert to New Hanover County RESULT: APPROVED \[UNANIMOUS\] MOVER: Patricia Kusek, Commissioner SECONDER: Kevin O'Grady, Councilman AYES: Brown, Corder, Adams, Norris, Sneeden, Davis, Wolf, Kusek, Rivenbark, O'Grady, Watkins 2. Inter-Local Agreement with Department of Social Services Regarding CFPUA Assist RESULT: APPROVED \[UNANIMOUS\] MOVER: Patricia Kusek, Commissioner SECONDER: Kevin O'Grady, Councilman AYES: Brown, Corder, Adams, Norris, Sneeden, Davis, Wolf, Kusek, Rivenbark, O'Grady, Watkins 3. Approval of New Capital Project for Pump Station No. 36 Capacity Upgrade RESULT: APPROVED \[10 TO 0\] MOVER: William Norris, Treasurer SECONDER: Kevin O'Grady, Councilman AYES: Corder, Adams, Norris, Sneeden, Davis, Wolf, Kusek, Rivenbark, O'Grady, Watkins RECUSED: Brown 4. Inter-Local Agreement Between CFPUA and Cape Fear Community College for Use of Unmetered Water RESULT: APPROVED \[UNANIMOUS\] MOVER: Patricia Kusek, Commissioner SECONDER: Kevin O'Grady, Councilman AYES: Brown, Corder, Adams, Norris, Sneeden, Davis, Wolf, Kusek, Rivenbark, O'Grady, Watkins 5. Lab Testing Services Amendment with Eurofins Eaton Analytical RESULT: APPROVED \[UNANIMOUS\] MOVER: Patricia Kusek, Commissioner SECONDER: Kevin O'Grady, Councilman AYES: Brown, Corder, Adams, Norris, Sneeden, Davis, Wolf, Kusek, Rivenbark, O'Grady, Watkins 6. Approve New Capital Project for Treatment Enhancements at the Sweeney Water Treatment Plant Cape Fear Public Utility Authority Page 3 MinutesAuthority BoardOctober 11, 2017 RESULT: APPROVED \[UNANIMOUS\] MOVER: Patricia Kusek, Commissioner SECONDER: Kevin O'Grady, Councilman AYES: Brown, Corder, Adams, Norris, Sneeden, Davis, Wolf, Kusek, Rivenbark, O'Grady, Watkins 7. Release of Utility Easement Area- Point Harbor RESULT: APPROVED \[UNANIMOUS\] MOVER: Patricia Kusek, Commissioner SECONDER: Kevin O'Grady, Councilman AYES: Brown, Corder, Adams, Norris, Sneeden, Davis, Wolf, Kusek, Rivenbark, O'Grady, Watkins 8. Authorize the Executive Director to execute a $33,400 contract amendment with Paramounte Engineering, Inc. for the Kerr Avenue Greater Loop Project RESULT: APPROVED \[UNANIMOUS\] MOVER: Patricia Kusek, Commissioner SECONDER: Kevin O'Grady, Councilman AYES: Brown, Corder, Adams, Norris, Sneeden, Davis, Wolf, Kusek, Rivenbark, O'Grady, Watkins VIII. NEW BUSINESS A. Administrative Reports i. Attorney's Report Ms. Miles had no report for open session. She requested a closed session to discuss a claim and provide direction to legal counsel. ii. Executive Director's Report 1. Quarterly CIP Report RESULT: REVIEWED 2. Key Indicators Report for September 2016-September 2017 RESULT: REVIEWED 3. Environmental Report 4. September 2017 Safety Report Cape Fear Public Utility Authority Page 4 MinutesAuthority BoardOctober 11, 2017 RESULT: REVIEWED B. Committee Reports i. Executive Committee 1. Minutes of the October 4, 2017 Executive Committee RESULT: NO ACTION REQUIRED 2. Resolution Concerning Water Quality in North Carolina Mr. Brown presented the Resolution as recommended by the Executive Committee. Mr. Sneeden requested that he be recused due to his employer having a contract with DuPont/Chemours. Mr. Rivenbark moved to recuse Mr. Sneeden. Ms. Wolf seconded the motion, and it passed unanimously. Mr. Rivenbark moved to adopt the Resolution. Ms. Kusek seconded the motion. Mr. O'Grady stated that the Resolution did not accomplish what he requested and what was approved at the September meeting. He presented an alternative motion with the following additions: (Added to the "Whereas" portion): Whereas, it is the responsibility of the NC Legislature to adequately fund the Executive Branch. Whereas, the NCDHHS requires sufficient funding to carry out its mission. (Added to the "Now, Therefore" portion): 1. CFPUA requests that the NC Legislature and all North Carolina state agencies take all appropriate action to protect the source waters for drinking water systems in the State of North Carolina. 2. CFPUA requests that the NC Legislature provide sufficient funding for the Executive Branch to meet its responsibilities. Mr. O'Grady moved the alternative Resolution, and Ms. Wolf seconded the motion. Mr. Watkins stated that he agreed that CFPUA should do something on the state level but did not believe that it would be beneficial to "call out" the legislature. Ms. Kusek stated that she did not think it was CFPUA's job to do so. Mr. O'Grady disagreed, stating that the CFPUA Board represented the people it served. He believed that both the Legislative and Executive branches should be held accountable. Cape Fear Public Utility Authority Page 5 MinutesAuthority BoardOctober 11, 2017 Board members discussed the merits of both versions of the Resolution and what could be achieved by passing a Resolution. Following discussion, the Board recessed at 9:30 and reconvened at 9:35. Mr. O'Grady called the question on the alternative Resolution. Mr. O'Grady voted in favor of the motio., Mr. Sneeden was recused. Ms. Kusek, Ms. Wolf, Ms. Adams and Messrs. Watkins, Rivenbark, Davis, Norris, Corder, and Brown were opposed. The Board then voted on the original resolution. Ms. Kusek, Ms. Adams, Ms. Wolf and Messrs. Rivenbark, Watkins, Brown, Corder, and Norris voted in favor of the motion. Messrs. O'Grady and Davis were opposed. Mr. Sneeden was recused. Motion carried eight to two. RESULT: APPROVED \[8 TO 2\] AYES: Brown, Corder, Adams, Norris, Wolf, Kusek, Rivenbark, Watkins NAYS: Davis, O'Grady RECUSED: Sneeden ii. Human Resources Committee 1. Human Resources Committee Meeting Minutes RESULT: REVIEWED iii. Long Range Planning Committee 1. Long Range Planning Committee - Regular - Sep 28, 2017 3:00 PM RESULT: NO ACTION REQUIRED iv. Finance Committee 1. Finance Committee - Regular Meeting - Oct 4, 2017 9:00 AM RESULT: NO ACTION REQUIRED 2. October Finance Report and Customer Service Update RESULT: NO ACTION REQUIRED IX. OLD BUSINESS There was no old business. X. AUTHORITY Q&A / CLOSING COMMENTS There were no questions or closing comments from Board members. Cape Fear Public Utility Authority Page 6 MinutesAuthority BoardOctober 11, 2017 XI.CLOSED SESSION Mr. Rivenbark moved to enter closed session to discuss a claim and provide direction to legal counsel. Mr. Norris seconded the motion, and it passed unanimously. The Board entered closed session at 9:40 AM, received a report from legal counsel and directed legal counsel. Mr. Rivenbark moved to return to open session. Mr. Norris seconded the meeting, and the Board unanimously returned to open session at 10:08 AM. XII. ADJOURNMENT Mr. Rivenbark moved to adjourn. Ms. Adams seconded the motion, and the meeting unanimously adjourned at 10:08 AM. The November 8, 2017 CFPUA meeting will the Annual Meeting. The Board will meet in the Lucie Harrell Conference Room, 230 Government Center Drive, Wilmington, North Carolina. The meeting will commence at 9:00 AM. Respectfully submitted, Donna S. Pope Clerk to the Board Cape Fear Public Utility Authority Page 7