HomeMy WebLinkAboutCFPUA 12 14 2011 CAPE FEAR PUBLIC UTILITY AUTHORITY
DECEMBER 14, 2011
REGULAR MEETING
Members Present:
James Quinn, Chairman
Mike Brown, Vice - Chairman
Patricia Kusek, Secretary
Burrows Smith, Treasurer
Cindee Wolf
Gene Renzaglia
Rick Catlin
Ron Sparks
Charlie Rivenbark
Brian Berger
J.C. Hearne
Staff Present:
Matt Jordan, CEO
Jim Flechtner, COO
Cheryl Spivey, CFO
Karen Durso, Assistant to CEO
Carey Disney Ricks, CCO
Frank Styers, Director of Engineering
Nancy Johnson, Customer Service Director /Deputy CFO
Tom Morgan, H.R. Director
Beth Eckert, Safety & Environment Director
Mike Richardson, Water Treatment Superintendent
Ken Vogt, Wastewater Treatment Superintendent
Jim Craig, Utility Services Superintendent
Julie McLawhon, Finance & Accounting Manager
Christene Pyne Mitchell, Engineering Manager
Julia Vosnock, Procurement Manager
Steve Mongeau, Program Manager
Chris Neal, Program Manager
Craig Lundin, Project Manager
Jamison Fair, Project Manager
Tige Brubaker, Project Manager
Donna S. Pope, Clerk
CFPUA Regular Meeting 12.14.2011 Page 1
Guests Present:
Bob Wallen
Ray Cox, Highfill Infrastructure
David Criser, Criser & Troutman
Tony Boahn, McKim & Creed
J.. Solomon, CH2M Hill
Carter Hubard, W.K. Dickson
Eric Williams, HDR
Jim Ianucci, New Hanover County
Call to Order, Determination of a Quorum, and Adoption of the Agenda
Mr. Quinn called the meeting to order at 9:00 a.m. and declared a quorum present.
Mr. Rivenbark moved to adopt the meeting agenda. Mr. Hearne seconded the motion, and it
passed unanimously.
Approval of Minutes
Ms. Kusek presented the minutes of the November 9, 2011, Annual Meeting, and noted a
grammatical correction on Page 9, Item 2. Mr. Brown moved to approve the minutes, as
corrected. Ms. Wolf seconded the motion, and it passed unanimously.
Public Comments
Mr. Wallen spoke regarding pump station aesthetics and suggested that the Authority consider
the use of natural gas generators for pump stations. Mr. Wallen supported pro -rated bonuses for
Authority employees.
Consent Agenda
Mr. Quinn presented the Consent Agenda, as follows:
1. Authorization for the CEO to enter into a unit price contract for procurenent of water
and wastewater treatment chemicals for a period of 12 months, provided in the operating
budget.
2. Authorization for the CEO to reject all bids for aluminum sulfate and sulfuric acid.
3. Authorization for the CEO to reject the Burnt Mill Creek Outfall Manhole Rehabilitation
construction proposals received and re- advertise the project.
CFPUA Regular Meeting 12.14.2011 Page 2
4. Authorization for the CEO to execute a contract with Southeast Pipe Survey, Inc., for
Sanitary Sewer Pipe Inflow and Infiltration Camera and Cleaning, at a budget impact of
$411,355, provided in the CIP.
5. Authorization for the CEO to execute a contract amendment with W.K. Dickson for
collection system improvements to include redesign of gravity sewer lines, easement
mapping, and design of Whiskey Creek pump station upgrades, at a budget impact of
$206,500, provided in the CIP.
6 Authorization for the CEO to purchase 74 IBM Maximo software licenses, at a budget
impact of $162,2 61. 11, provided in the CIP.
7. Authorization for the CEO to execute a contract amendment with Glover Instrumentation
and Controls, Inc., for services at the Sweeney Water Treatment Plant and Nano Plant, at
a budget impact of $49,680, provided in the operating budget.
8. Ordinance making Supplemental Appropriations to the Operating Fund for the Fiscal
Year Ending June 30, 2012.
9. Resolution instructing the CEO to release information only on those accounts which have
already been discussed by the account holders.
Mr. Smith moved to approve the Consent Agenda, and Mr. Renzaglia seconded the motion.
Mr. Catlin asked for clarification on Item 8, and Mr. Berger requested further information on
Item 9. Mr. Smith amended his motion to approve Items 1 — 7, and Mr. Sparks seconded the
motion. Items 1 — 7 of the Consent Agenda were unanimously approved. Mr. Jordan
recommended moving Item 8 to the Finance Report and Item 9 to the Attorney's Report, and the
Board agreed with his recommendation.
Public Relations Report
Ms. Ricks reported that Utility Services continues its water line flushing program. Work with
the City on the Third Street streetscape is progressing. The Authority can send texts or emails to
customers via the "notify me" service on the website.
The Authority has collected 538 pounds of food for the Food Bank's annual drive. Jonathan
Ham, Project Engineer, has coordinated with the American Society of Civil Engineers for the
Authority to participate in the Toys for Tots program.
Attorney's Report
Item 9, from Consent Agenda - Resolution instructing the CEO to release information
only on those accounts which have already been discussed by the account holders.
CFPUA Regular Meeting 12.14.2011 Page 3
Ms. Miles presented Item 9 from the Consent Agenda, a Resolution regarding release of
information on accounts which have already been discussed by account holders. She explained
that the Resolution was needed before staff could release account information to Board members,
local elected officials, members of Congress, or the media and was to be used only when an
account holder had made his or her utility account public. Ms. Miles answered clarification
questions from Board Members.
Mr. Brown moved to approve the Resolution, and Mr. Berger seconded the motion.
Mr. Catlin asked about applicability to roommates or spouses. Ms. Miles advised that, if more
than one person is listed on an account but only one had discussed the account publicly, the
Authority would need permission from the second account holder to discuss the account.
Mr. Quinn called for a vote. Ms. Kusek, Ms. Wolf, and Messrs. Quinn, Renzaglia, Smith,
Brown, Hearne, Rivenbark, Sparks, and Berger voted in favor of the motion. Mr. Catlin was
opposed. The Resolution was approved, ten to one.
Ms. Miles requested that the Board enter into closed session at the end of the meeting to discuss
a legal claim and a personnel matter.
Chief Executive Officer's Report
Mr. Jordan presented the Environmental and Safety Management Report, Exhibit 10 in the
Agenda. Messrs. Jordan and Richardson answered clarification questions regarding water
distribution.
Committee Reports
Executive Committee. Mr. Quinn reported that the Executive Committee reviews reports from
other Committees and finalizes the monthly agenda. Because many Agenda items are reviewed
by the Finance Committee, the Executive Committee will meet after the monthly Finance
Committee meeting in the future. Both Committees meet on the first Wednesday of each month,
to finalize items for the monthly Board meeting.
Mr. Quinn stated that both the Executive Committee and Human Resources Committee had
reviewed a proposal for employee compensation enhancement prior to the December meeting.
Human Resources Committee. Mr. Hearne asked Mr. Morgan to provide background
information and review the options presented to the Committees.
CFPUA Regular Meeting 12.14.2011 Page 4
Mr. Morgan reported that there had been no employee pay increases since July 2008 except for
employees who received promotions or reclassifications that resulted in raises. Thirty percent of
employees who transferred to the Authority on July 1, 2008, did not receive pay increases. On
July 1, 2009, and subsequent fiscal years, health and dental insurance deductibles, co -pays and
co- insurance costs increased for employees, at an average annualized increase of $862 per
employee. During budget deliberations for Fiscal Year 2012, the H.R. Committee reviewed
options for 1, 1.5, and 2 percent merit increases, lump sum employee compensation, or no
increase. The option recommended by the Committee and adopted by the full Board was for no
pay increases.
Mr. Morgan outlined three Employee Compensation Enhancement Proposal options, as follows:
• A one -time discretionary longevity bonus, based on an employee's date of fulltime
employment, to wit:
Hired before July 1, 2008 $1,000 (217 employees)
Hired July 1, 2008 — June 30, 2009 750 (22 employees)
Hired July 1, 2009 — June 3 0, 2010 500 (9 employees)
Hired July 1, 2010 — June 30, 2011 250 (24 employees)
Hired July 1, 2011 —November 3 0, 2011 100 (12 employees)
Based on employment levels of November 18, 2011, the payroll cost for the one time
bonus would be $244,600, with an accompanying payroll burden of $46,792, for a total
estimated cost of $291,392.
• Two percent (2 %) across the board salary increase, effective January 2012, with a payroll
cost of $120,687 and associated payroll burden of $23,088 for a total of $143,775 for the
remainder of Fiscal Year 2012. The annualized payroll for future years would be
$241,374 and payroll burden of $66,176, for a total estimated annualized cost of
$287,550. The estimated costs were based on November 18, 2011, employment levels.
• No action at this time, pending the Class and Compensation Study and Fiscal Year 2013
Budget deliberations.
Any compensation for the current Fiscal Year would require funding appropriation by the full
Board.
Mr. Hearne reported that the Human Resources Committee believed the full Board should
consider the compensation proposals. He added that it was a tough situation — employees
deserved something, but rate payers had also suffered.
CFPUA Regular Meeting 12.14.2011 Page S
Mr. Quinn reported that the Executive Committee recommendation was to direct the CEO to
complete the Class and Compensation Study and develop a pay program with cost of living
adjustments and merit increases, for consideration during Fiscal Year 2013 Budget discussions.
He added that Executive Committee members did not want a premature discussion of salaries
and did not want to act reflexively because other governmental units had given year -end
bonuses. He stated that staff should have a pay program they could count on and it was time to
look towards the future.
Mr. Catlin asked when the compensation study would be completed and if it would use
comparisons in the private sector. Mr. Jordan reported that the study would be finished in late
January or early February, and Mr. Morgan reported that the comparisons included both public
and private sector jobs. Mr. Catlin did not feel it was appropriate to do anything on salaries
without the study information.
Messrs. Morgan and Jordan answered clarification questions regarding the Class and
Compensation Study which was completed in 2007 and adopted by the Authority in 2008. The
study has not been updated since 2008, and positions have evolved since the Authority assumed
operations. The current study cost $32,000.
Mr. Rivenbark asked how bonuses or a salary increase would be funded. Mr. Jordan and Ms.
Spivey reported that money could be used from the contingency and surplus funds.
Ms. Wolf stated that, after serving on the Board and interaction with staff, she believed the Class
and Compensation study to be appropriate and should be used during budget deliberations. She
supported the one -time discretionary bonuses to award employees for doing good jobs and for
recognizing efficiencies that saved the Authority money.
Mr. Sparks added that the efficiency study showed that employees are on task and efficient and
that employees had worked really hard, generating $5,000,000 in savings. He expressed concern
about a low level of morale among employees and a concern that people would leave their jobs
when the economy improved. Mr. Sparks stated that he supported the bonuses.
After further discussion, Mr. Renzaglia moved to direct the CEO to complete the Class and
Compensation Study and to develop a pay program with cost of living and /or merit increases for
consideration during the Fiscal Year 2013 budget deliberations. Mr. Smith seconded the motion.
Mr. Jordan expressed his appreciation of the Board's consideration and its recognition that the
organization is successful because of employees' working day in and day out.
CFPUA Regular Meeting 12.14.2011 Page 6
Mr. Berger asked for clarification of Mr. Renzaglia's motion. Mr. Renzaglia repeated the
motion.
Mr. Sparks cautioned Authority members about raising expectations among employees by stating
that salary increases would be considered in the future. He restated his support of the one -time
bonus as a "thank you" to the workforce. Ms. Wolf agreed.
Mr. Catlin stated that compensation studies do not always generate raises and there should not be
specific expectations for raises.
Mr. Renzaglia stated that the Authority needed the data from the study to make decisions moving
forward. He expressed his empathy for employees.
Mr. Quinn called for a vote. Ms. Kusek and Messrs. Quinn, Brown, Smith, Renzaglia, Hearne,
Catlin, Berger, and Rivenbark voted to direct Mr. Jordan to complete the Class and
Compensation Study and to develop a pay program with cost of living and /or merit increase for
consideration during Fiscal Year 2013 budget deliberations. Ms. Wolf and Mr. Sparks were
opposed. Motion carried, nine to two.
Mr. Quinn stated that implementation of pay increases did not necessarily have to wait until the
beginning of the new fiscal year and could happen sooner.
Mr. Brown asked Mr. Jordan to clearly communicate with employees that the Board appreciates
them and their work and is trying to make good and prudent decisions.
Long Range Planning Committee. Ms. Wolf reported that the Committee met on November
17 and that the next meeting would be December 15, 2011, at 3:00 p.m.
Mr. Styers summarized items addressed by the Committee at its November 17 meeting, as
follows:
• Strategic plan review
• Raw Water supply update
• Rain water harvesting
At its next meeting, the Committee will receive a report from Black and Veatch on the raw water
supply and continue its discussion of strategic planning.
CFPUA Regular Meeting 12.14.2011 Page 7
Mr. Sparks suggested that staff discuss rainwater harvesting with City of Wilmington planning
and zoning staff.
The Authority entered recess at 10:15 a.m. and reconvened at 10:25 a.m.
Finance Committee. Mr. Smith reported that the Committee met on December 7 and asked Mr.
Flechtner to review on the Blue Point Force Main and Country Haven Pump Station project. The
Blue Point force main is an 8 -inch line approximately 11 years old, with a 100,000 gallon per
day flow. There have been ten breaks in 15 months on the line, of unknown origin. The line was
removed from service in November, and a temporary line was installed along Furtado Drive.
Staff recommended the following permanent solution, which was endorsed by the Finance
Committee:
• Permanent force main along Furtado Drive, projected cost of $85,000
• Country Haven Pump Station upgrade, consisting of a 12 -inch force main costing
$700,000, pump station design of $300,000, and construction of $1 million
The upgrades would allow for an estimated increased capacity of 192,000 gallons per day in the
basin served by the Country Haven Pump Station. A budget amendment transferring
$1,738,273 from the Operating Fund to the Capital Projects Fund would be required to fund the
upgrades.
Mr. Flechtner and Ms. Miles answered questions regarding the Blue Point Force Main breaks,
and analysis of the failure, and potential liability for the breaks. Ms. Miles advised that the
analysis of the pipe failure should be complete in three to six months, and she and staff will
report back to the Board.
Mr. Smith moved to approve the Finance Committee recommendation to fund the Blue Point,
Furtado, and Country Haven upgrades and to approve the executed budget amendment. Ms.
Wolf seconded the motion, and it passed unanimously.
Customer Service Update: Ms. Johnson presented the Customer Service report. On December 7,
2011, the Finance Committee heard an appeal by Mr. Arthur Bullock regarding retroactive
billing on his account. The Committee recommended that the previous charges not be removed
from the account because the Authority must apply its policies to all customer accounts evenly.
The Committee recommended no change to the Authority Ordinance retroactive billing section.
The Committee directed staff to work through an extended payment plan with the customer.
CFPUA Regular Meeting 12.14.2011 Page 8
Mr. Smith moved for the full Board to approve and ratify the Finance Committee action. Mr.
Brown seconded the motion.
Mr. Catlin asked for clarification regarding the cause of the billing error and the amount of time
billed. Mr. Renzaglia reported that the customer had lived in the property for nine years and had
exercised due diligence in applying for service from the City. For an unknown reason, the sewer
was connected but not billed by the City or Authority. Upon discovery of the error, the
Authority billed retroactively for three years, as allowed by state law and the Authority
Ordinance. Mr. Catlin stated that he would have suggested a compromise and the customer
being billed for three years rather than nine appeared to be a compromise. He felt it was
unfortunate for the customer but understood.
Mr. Jordan and Ms. Miles reported that data scrubbing by the Authority had revealed
discrepancies, some in favor of the Authority and some in favor of customers, and adjustments
had been made in either circumstance. The policy and Ordinance have been applied consistently.
Mr. Quinn called for a vote, and the motion passed unanimously.
Ms. Johnson reported that the Authority has a two percent collection rate on accounts sent to
Penn Credit for collection. Customers paid $10,875.16 directly to the Authority, and $13,610.38
had been paid to Penn Credit. Collection costs to date were $4,609. The next group of
collection accounts will go to Penn Credit in January 2012.
Ms. Spivey reported that the Finance Committee continues discussions on bulk water rates for
re -sell bulk customers and irrigations.
Item 8 from Consent Agenda - Ordinance making Supplemental Appropriations to the Operating
Fund for the Fiscal Year Ending June 30, 2012.
Ms. Spivey presented Item 8 from the Consent Agenda and explained its purpose. The projected
bond sale figures included a Debt Service Reserve Fund. The reserve fund was not required at
closing, reducing the bond amount and cost of issuance. There was also a savings as a result of
re- funding City bonds from 2003. The recommended budget amendment reflects the associated
revision to Operating Fund Revenues and Appropriations for Fiscal Year 2012 in the amount of
$3,524M38.
Mr. Catlin moved to adopt the Ordinance making Supplemental Appropriations. Mr. Sparks
seconded the motion, and it passed unanimously.
CFPUA Regular Meeting 12.14.2011 Page 9
Deferral Policy for Mandatory Connection: Ms. Mitchell presented the recommended deferral
policy and associated Ordinance revision. The deferral policy would allow a customer to defer
the majority of connection costs while considering the effects on existing rate payers. A
customers may defer the Authority tap fee of $4,200 and $230 meter set fee, and whatever costs
they would be required to pay privately to a plumber to connect to Authority services. A
customer could also choose to pay the tap fee and meter set fee at the present costs and defer
connection. If the fees are deferred, the fees will be charged at the rate in effect at the time they
are paid. The deferral period would be for three years, with the customer having the ability to re-
apply and receive a second deferral for a total of six years. The customer would be required to
pay System Development Charges, which may be financed with 10 percent down and 5 percent
interest over eight years. A bi- monthly availability rate would also be charged. The customer
would need to provide certification from a North Carolina licensed plumbing inspector that his or
her system is operating properly and does not present an environmental hazard. Should a well or
septic system fail, the customer would be required to connect to the Authority system.
Ms. Mitchell answered clarification questions from Authority members. Approximately 300
property owners could be affected by mandatory connection and the deferral policy.
Mr. Sparks requested that Authority members re- consider availability and base charges during
budget discussions. Mr. Catlin observed that some customers did not request water and sewer
services and expressed concerns about the unexpected financial burden faced by customers. Mr.
Smith stated that availability and base charges would represent over $1 million if not charged.
Mr. Jordan added that not having a base charge on vacant property had been discussed during
meetings of the Landlord Tenant Committee, and Ms. Spivey reported that not charging for
vacant properties would represent 2 — 2.5 percent of a rate difference.
Ms. Wolf moved to adopt the deferral policy for mandatory connection as recommended by staff
and to approve the associated Ordinance revision. Ms. Kusek seconded the motion. Ms. Kusek,
Ms. Wolf, and Messrs. Quinn, Renzaglia, Brown, Smith, Hearne, Rivenbark, and Berger voted in
favor of the motion. Messrs. Catlin and Sparks were opposed. Motion carried, nine to two.
Ms. Spivey referred the Board to the November financial reports in the Agenda. Water
distribution will be monitored closely in future months. With 42 percent of the year lapsed,
revenues are at 43.51 percent and expenses at 32 percent.
Old Business. There was no old business.
Closing Comments. Mr. Quinn stated that the Board had just concluded two hours of
discussion of water and sewer issues, in contrast to water and sewer only being discussed during
CFPUA Regular Meeting 12.14.2011 Page 10
budget deliberations when the services were run by the City and County. He thanked the Board
and staff for their time and effort on the issues presented.
Closed Session. Mr. Rivenbark moved to enter closed session to discuss a claim and a personnel
matter. Mr. Brown seconded the motion, and it passed unanimously. The Authority entered
closed session at 11:15 a.m. Ms. Miles, Ms. Pope, and Messrs. Jordan, Styers, and Flechtner
remained in the meeting.
The Authority discussed a potential claim.
At 11:30 a.m., Ms. Miles and all staff members left the meeting, and the Board discussed a
personnel matter.
At 11:55 a.m., Messrs. Rivenbark and Sparks asked to be excused. Mr. Brown moved to excuse
both gentlemen. Mr. Brown seconded the motion, and it passed unanimously. Messrs. Sparks
and Rivenbark left the meeting.
At 12:20 p.m., Mr. Smith moved to return to open session. Mr. Catlin seconded, the motion
passed unanimously, and the Authority returned to open session.
At 12:21 p.m., Mr. Smith moved to adjourn. Mr. Catlin seconded, and the motion passed
unanimously. The Authority adjourned at 12:21 p.m.
The next meeting of the Cape Fear Public Utility Authority will be Wednesday, January 11,
2012. The meeting will commence at 9:00 a.m. and will be held in the Harrell Conference Room
of the New Hanover County Administration Building, 230 Government Center Drive,
Wilmington, North Carolina.
Respectfully submitted,
Donna S. Pope
Clerk to the Authority
CFPUA Regular Meeting 12.14.2011 Page 11