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2017-09-13 Regular Meeting Minutes CAPE FEAR PUBLIC UTILITY AUTHORITY AUTHORITY BOARD MINUTES SEPTEMBER 13, 2017 Lucie Harrell Conference Room Regular Meeting 9:00 AM 230 GOVERNMENT CENTER DRIVE WILMINGTON, NC 28403 I. CALL TO ORDER Mr. Brown called the meeting to order at 9:00 AM. Ms. Wolf moved to excuse Mr. Sneeden. Mr. Norris seconded the motion, and it passed unanimously. II. DETERMINATION OF A QUORUM Mr. Brown declared a quorum present. Attendee Name Organization Title Status Arrived Mike Brown Cape Fear Public Utility Chair Present Authority Jennifer Adams Cape Fear Public Utility Secretary Present Authority Larry Sneeden Cape Fear Public Utility Board Member Excused Authority William Norris Cape Fear Public Utility Treasurer Present Authority Cindee Wolf Cape Fear Public Utility Board Member Present Authority Chuck Davis Cape Fear Public Utility Board Member Present Authority Patricia Kusek Cape Fear Public Utility Board Member/Commissioner Present Authority Charlie Rivenbark Cape Fear Public Utility Board Member/Councilman Present Authority Kevin O'Grady Cape Fear Public Utility Board Member/Councilman Present Authority Skip Watkins Cape Fear Public Utility Board Member/Commissioner Present Authority Wesley Corder Cape Fear Public Utility Vice-Chair Present Authority Jim Flechtner Cape Fear Public Utility Executive Director Present Authority Frank Styers Cape Fear Public Utility Chief Operations Officer Present Authority John McLean Cape Fear Public Utility Chief Financial Officer Present Authority Carel Cape Fear Public Utility Director of Engineering Present Vandermeyden Authority Kristine Irick Cape Fear Public Utility Customer Service Director Present Authority Cape Fear Public Utility Authority Page 1 MinutesAuthority BoardSeptember 13, 2017 Denise Matroni Cape Fear Public Utility HR Director Present Authority Beth Eckert Cape Fear Public Utility Director of EMD Present Authority Peg Hall-Williams Cape Fear Public Utility Chief Communication Officer Present Authority Linda Miles Miles Firm, PLLC CFPUA Consulting Attorney Present Lindsey Hallock Cape Fear Public Utility Executive Administrator Present Authority Gary McSmith Cape Fear Public Utility Asst. Director of Engineering Present Authority Chris Bolton Cape Fear Public Utility ERP Systems Administrator Present Authority Donna Pope Cape Fear Public Utility Clerk/Executive Secretary to the Present Authority Board Rick Catlin Present Jim Iannucci New Hanover County Present Richard King City of Wilmington Present Mike McGill Present George House Present John Green Present Harper Peterson Present Carter Hubbard Present Neal Shulman Present Leona Shulman Present III. ADOPTION OF AGENDA Mr. Norris moved to adopt the day's Agenda. Mr. Davis seconded the motion, and it passed unanimously. IV. APPROVAL OF MINUTES 1. Authority Board - Regular Meeting - Aug 9, 2017 9:00 AM RESULT: ACCEPTED \[UNANIMOUS\] SECONDER: Jennifer Adams, Charlie Rivenbark AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden V. PRESENTATION 1. Water Quality Update Mr. Flechtner reported that CFPUA continues to work with NC DEQ regarding water quality issues. Water from the Sweeney plant continues to be below 140 parts per trillion (ppt). Filtering media trials continue at Sweeney. Customer letters went out beginning with August bills, in both English and Spanish. Customers who do not use the internet or other avenues to receive news may register for written updates through the mail. So far, 60 customers have requested that service. Cape Fear Public Utility Authority Page 2 MinutesAuthority BoardSeptember 13, 2017 CFPUA's work with UNC-Wilmington for further water studies began on September 1. Legal counsel is reviewing the Partial Consent Order between the State and Chemours. CFPUA's potential damages are being investigated by legal counsel. RESULT: REVIEWED 2. Aquifer Storage and Recovery Update Mr. Catlin reported on his firm's work in removing treated water from CFPUA's Aquifer Storage and Recovery (ASR) site. He explained the topography of the underground aquifer, specifically the PeeDee aquifer, the deeper aquifer used for the ASR. He explained the methodology and scope of the project and answered clarification questions from Board members. Mr. Catlin thanked staff, in particular Mr. McSmith, for their assistance with the project. He expressed his pride in CFPUA for allaying citizen concerns and protecting the environment. Mr. O'Grady stated that Mr. Flechtner and staff had done a great job addressing water issues but that he felt CFPUA had stepped into a huge vacuum not of its creation. He recommended that the Board formulate a resolution to send to the North Carolina Legislature and Governor Cooper supporting robust environmental regulations, with appropriate funding and proper enforcement of the regulations. Mr. Brown agreed that the issue should not be a political or partisan one. Following discussion, Mr. O'Grady moved to bring a resolution to the October meeting supporting environmental regulations and funding to enforce same. Mr. Rivenbark seconded the motion, and it passed unanimously. RESULT: REVIEWED VI. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER Mr. Shulman spoke regarding a billing issue. Mr. Brown referred him to staff. VII. SPEAKER UPDATE FROM THE AUGUST 9 BOARD MEETING Mr. Flechtner updated the Board on August speakers. He reported that staff is developing options for sewer-only customers that could eliminate the need to meter their wells. VIII. CONSENT AGENDA Following clarification questions on Item 15, Mr. O'Grady moved to approve the Consent Agenda. Mr. Norris seconded the motion, and it passed unanimously. 1. Resolutions Accepting Connect NC Grant Funding for Capital Projects Cape Fear Public Utility Authority Page 3 MinutesAuthority BoardSeptember 13, 2017 RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 2. Emergency Construction Contract RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 3. Asphalt Replacement Contract Amendment RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 4. Authorization for the Executive Director to Execute a $562,913 Contract Amendment with AC Schultes of Carolina, Inc. for the Find-it Fix-it Contract Amendment RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 5. Rates and Fee Schedule Revisions RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 6. Resolutions Accepting Low Interest State Loans for Capital Projects Cape Fear Public Utility Authority Page 4 MinutesAuthority BoardSeptember 13, 2017 RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 7. Authorization for Executive Director to execute a $100,000 engineering services amendment with Arcadis for the CFPUA Standards Update Project RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 8. Authorization for the Executive Director to Execute a sole source purchase agreement with Carolina Meter and Supply for the Badger meter, Orion AMR transmitter, and supporting meter reading equipment for the Meter Replacement Phase 3 project. RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 9. Authorize the Executive Director to execute a $565,500.00 construction contract with Sanford Contractors, Inc. for the Pump Station 89 capacity upgrades. RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 10. Authorization for the Executive Director to Execute a $1,068,580 Contract Amendment with W.K. Dickson & Co., Inc. for the Find-It, Fix-It Sewer Rehabilitation Under Main Roads Project RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 11. Leak Adjustment Policy Revision Cape Fear Public Utility Authority Page 5 MinutesAuthority BoardSeptember 13, 2017 RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 12. Authorize the Executive Director to execute a $87,276 change order to the construction contract with A.C. Schultes for the Water Sampling Stations Project Phase 1. RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 13. Authority Enterprise Agreement for Microsoft Licensing RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 14. Authorize the Executive Director to execute the contract amendment with McKim & Creed, Inc. in the amount of $53,100.00 for the Pump Station 89 capacity upgrades. RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 15. Authorization for the Executive Director to Execute a $1,200,557.56 Change Order with Pedal Valves, Inc. for the Comprehensive Meter Replacement Phase 2 project. RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady, Board Member/Councilman SECONDER: William Norris, Treasurer AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden IX. NEW BUSINESS A. Administrative Reports i. Attorney's Report Cape Fear Public Utility Authority Page 6 MinutesAuthority BoardSeptember 13, 2017 Ms. Miles had no report for open session but requested a closed session to discuss a claim and a personnel matter. ii. Executive Director's Report Mr. Flechtner referred the Board to the monthly reports in the Agenda packet. 1. Key Indicators Report RESULT: REVIEWED 2. Environmental Report RESULT: REVIEWED 3. Safety Report RESULT: REVIEWED B. Committee Reports i. Executive Committee 1. Executive Committee Minutes- September 6, 2017 RESULT: REVIEWED 2. Executive Committee Minutes- August 30, 2017 RESULT: REVIEWED ii. Long Range Planning Committee The Committee did not meet in August. iii. Finance Committee 1. Finance Committee - Regular Meeting - Sep 6, 2017 9:00 AM RESULT: NO ACTION REQUIRED 2. Resolution - Sale of Surplus Real Property Mr. Norris moved the recommendation from the Finance Committee to sell the Walnut Hills property. Mr. Rivenbark seconded the motion. Following clarification questions regarding the sealed bid process, the motion passed unanimously. Cape Fear Public Utility Authority Page 7 MinutesAuthority BoardSeptember 13, 2017 RESULT: APPROVED \[UNANIMOUS\] MOVER: William Norris, Treasurer SECONDER: Charlie Rivenbark, Board Member/Councilman AYES: Brown, Adams, Norris, Wolf, Davis, Kusek, Rivenbark, O'Grady, Watkins, Corder EXCUSED: Sneeden 3. Enterprise Resources Planning Project Update Mr. Bolton reported to the Board on the progress of the Enterprise Resource Planning project (ERP). The end product will provide CFPUA with improved customer service, better internal reporting, and automation of some tasks currently done manually. The project is broken down into three phases, with Phase 1 and a portion of Phase 2 in progress. The project is budged at $5.4 million and is on target. RESULT: NO ACTION REQUIRED 4. September Finance Report and Customer Service Update Mr. McLean presented the financial data through the end of August. The operating fund included a transfer from the contingence fund to operations to cover costs associated with filter media testing and the removal of water from the ASR. RESULT: NO ACTION REQUIRED X. OLD BUSINESS There was no old business. XI. AUTHORITY Q&A / CLOSING COMMENTS There were no questions or additional comments. XII. CLOSED SESSION Mr. Norris moved to enter closed session to discuss a claim and provide direction to legal counsel and to discuss a personnel matter. Mr. Rivenbark seconded the motion, and it passed unanimously. The Board entered closed session at 10:10 AM, with Ms. Miles, Ms. Pope, and Messrs. Flechtner and House in attendance. The Board received a report and provided direction to legal counsel. Ms. Matroni joined the meeting at 12:15 PM, and Messrs. House and Flechtner left the meeting. The Board discussed a personnel matter. Cape Fear Public Utility Authority Page 8 MinutesAuthority BoardSeptember 13, 2017 Ms. Wolf moved to return to open session. Mr. Rivenbark seconded the motion, and it passed unanimously. The Board returned to open session at 12:20 PM, and Mr. Flechtner rejoined the meeting. In open session, Mr. O'Grady moved to continue representation with the Brooks, Pierce law firm. Mr. Norris seconded the motion, and it passed unanimously. Mr. Rivenbark moved to increase the Executive Director's salary by four percent (4%) retroactive to July 1. Ms. Wolf seconded the motion, and it passed unanimously. XIII. ADJOURN There was no further business to come before the Board, and Ms. Wolf moved to adjourn. Mr. Norris seconded the motion, and it passed unanimously. The meeting adjourned at 12:20 PM. The next regular Authority meeting will be Wednesday, October 11, 2017. The Board will meet in the Lucie Harrell Conference Room, New Hanover County Administration Building, 230 Government Center Drive, Wilmington, North Carolina, and the meeting will begin at 9:00 AM. The regular Board meeting will be followed by a meeting of the Communications Committee. Respectfully submitted, Donna S. Pope Clerk to the Board Cape Fear Public Utility Authority Page 9