HomeMy WebLinkAboutCFPUA 06 8 2011
CAPE FEAR PUBLIC UTILITY AUTHORITY
REGULAR MEETING
JUNE 8, 2011
Members Present:
Gene Renzaglia, Chairman
J.C. Hearne, II, Vice-Chairman
Michael C. Brown, Secretary
Brian Berger, Commissioner
Rick Catlin, Commissioner
Charlie Rivenbark, Councilman
Ron Sparks, Councilman
Patricia Kusek
Cynthia Wolf
Jim Quinn
Member Absent:
Burrows Smith, Treasurer
Staff Present:
Mat Jordan, Chief Executive Officer
Nancy Gallinaro, Chief Operating Officer
Cheryl Spivey, Chief Financial Officer
Karen Durso, Assistant to CEO
Beth Eckert, Environment and Safety Director
Frank Styers, Engineering Director
Tom Morgan, H.R. Director
Nancy Johnson, Customer Service Director
Carey Disney Ricks, CCO
Julia Vosnock, Procurement Manager
Melinda Hoggard, Accounting Manager
Julie McLawhon, Finance and Accounting Manager
Sherri Alexander, Fiscal Support Specialist
Tymekia Askew, Administrative Assistant
Carol Davis, Payroll Specialist
John Malone, Water Treatment Supervisor
Anthony Colon, Chief Water Treatment Operator
Jim Flechtner, Engineering Manager
Tige Brubaker, Project Manager
Kent Harrell, Senior Project Engineer
CFPUA JUNE 8, 2011 Page 1
Graham Fripp, Property Acquisitions Specialist
Jim Craig, Utility Services Superintendent
Mike Richardson, Water Treatment Superintendent
Ken Vogt, Wastewater Treatment Superintendent
Steve Mongeau, Program Manager
Kipp Glazier, Community Compliance Assistant Superintendent
Donna S. Pope, Clerk
Attorney Present:
Linda A. Miles, the Miles Firm, PLLC
Guests Present:
Jim Iannucci, New Hanover County
Eric Williams, HDR
Diane Williams, NC DENR
Heidi Cox, NC DENR
Richard Morgan
Jerry Brown
Kevin Maurer, Wilmington Star News
Opening Comments, Determination of a Quorum, and Adoption of the Agenda:
Mr. Renzaglia called the meeting to order at 9:00 a.m. and declared a quorum present.
Mr. Jordan presented the Agenda and noted a change to Item 8 on the Consent Agenda, with
supporting documentation being distributed to Authority members. Ms. Wolf moved to adopt
the Agenda with the revision to the Consent Agenda. Mr. Sparks seconded the motion, and it
passed unanimously.
Presentations:
Ms. Gallinaro presented John Malone and Anthony Colon with a Certificate of Achievement for
Wellhead Protection from the North Carolina Rural Water Association and the North Carolina
Division of Environment and Natural Resources.
Mr. Renzaglia presented Ms. Spivey and Finance staff with a Certificate of Achievement for
Excellence in Financial Reporting for the Fiscal Year ending June 30, 2010. The award was
CFPUA JUNE 8, 2011 Page 2
made by the Association of Finance Officers for the United States and Canada. Ms. Spivey
thanked her staff members for their work and dedication,
Public Comment:
Mr. Richard Morgan, an attorney for property owners, requested that he be allowed to speak
consideration of a request for condemnation on the Agenda. The Board
granted his request.
Mr. Jerry Brown, a resident of the Porters Neck Area, commended the Authority on the quality
of the water from the nano-filtration plant and thanked the Board for making irrigation rates
competitive. He suggested better communication regarding the change in irrigation rates.
Mr. Chad
instead of on the back.
Consent Agenda:
Mr. Renzaglia presented the Consent Agenda as follows:
1.Authorization for the CEO to execute a construction contract with Barnhill
Construction Company for work associated with the Middle Sound Paving Project, at a
cost of $106,900.45, as provided in the CIP
2.
services for sedans, SUVs, and vans, under 10,000 gross vehicle weight rating (GVWR)
trucks and vans 10,000 GVWR to 26,000 GVWR trucks 26,000 VGWR and up, stuck
vehicles and equipment recovery (hauling) and with Ace Wrecker Services for trailers
for 12 months with the option to renew for up to four additional 12-month terms
3.Authorization for the CEO to execute a contract amendment with AB Blake Electrical
for additional conduit work associated with the circuit installation at Northside
Wastewater Treatment Plan, at a cost of $2,521.00
4.Authorization for the CEO to execute a contract with T&L Truck Repair, Inc. for
routine maintenance for medium duty vehicles and non-routine maintenance for
medium duty vehicles for 12 months with the option to renew for up to four additional
12-month terms
CFPUA JUNE 8, 2011 Page 3
5.Authorization for the CEO to execute a contract with T&L Truck Repair, Inc. for
routine maintenance for heavy-duty vehicles and trailers and non-routine maintenance
for medium duty vehicles and trailers for 12 months with the option to renew for up to
four additional 12-month terms
6.Approval to revise the CFPUA Fee Schedule regarding the Hauled and Miscellaneous
Waste Fee
7.Authorization and supporting Resolution to write off certain uncollectible utility
accounts
8.Authorization for the CEO to enter into a unit price contract with suppliers for the
procurement of wastewater treatment chemicals for a period of six months
Mr. Quinn requested that Items 4 and 5 be removed from the Consent Agenda for discussion. By
consensus, Items 4 and 5 were moved to the Finance Committee report.
Ms. Miles and Mr. Flechtner answered clarification questions regarding Item 1.
Mr. Sparks moved to approve Consent Agenda items 1, 2, 3, 6, 7, and 8. Mr. Brown seconded
the motion, and it passed unanimously.
New Business, Administrative Reports:
Chief Finance Officer Presentation of Fiscal Year 2012 Budget Adoption and Ordinance:
Ms. Spivey presented a brief overview of the recommended Budget for the Fiscal Year
beginning July 1, 2012.
Mr. Brown moved to approve the Budget as recommended for Fiscal Year 2012. Ms. Kusek
seconded the motion, and it passed unanimously.
Engineering Report:
System-Wide Connection Deferral Policy:
Mr. Styers presented a recommended system-wide connection deferral policy. The Authority
Ordinance provides for mandatory connection. A deferral policy was developed for use during
the Middle Sound mandatory connection period, and the policy has been refined for use system-
CFPUA JUNE 8, 2011 Page 4
wide. The Finance Committee had requested that the deferral policy be presented to the full
Authority.
The recommended policy would provide for deferral of connection for up to six and one-half
years from the date the mandatory connection notice is sent. Property owners with existing wells
and septic systems that operate properly would be eligible but would be required to pay or
finance system development charges and tap fees within the 180-day mandatory connection
period. The Authority provides financing of 90 percent of the fees over eight years at five
percent interest. Deferred property owners would also be required to pay a bi-monthly deferral
availability rate equal to the fixed meter rate. Mr. Styers and Ms. Miles answered clarification
questions from Authority members.
Mr. Rivenbark asked if the deferral would run with the land or the owner. Ms. Miles advised
that deferrals would run with the land.
Several Authority members expressed concerns regarding the cost of the system development
charges and tap fees and discussed methods to lessen the impact of those costs on customers.
Members requested data regarding the number of potential customers affected by mandatory
connection.
Ms. Wolf moved to approve the deferral policy as developed and recommended by staff, with the
understanding that it can be amended in the future. Mr. Rivenbark seconded the motion.
Discussion continued regarding deferral and financing options.
Mr. Catlin presented a substitute motion to send the Connection Deferral Policy back to the
Finance Committee for further review. Mr. Hearne seconded the motion. Ms. Kusek, Ms.
Wolf, and Messrs. Renzaglia, Brown, Hearne, Catlin, Berger, Rivenbark, and Quinn voted in
favor of the motion. Mr. Sparks opposed the motion. The motion carried, nine to one.
Revision to Voluntary Termination of Service, Article VI, Section 6.7 of the Authority
Ordinance
:
Mr. Styers and Ms. Miles presented clarification language for the ordinance, as follows:
Any person proposing to discontinue the use of Authority water and/or sewer service on a
long term or permanent basis must give notice of such purpose to the Customer Service
Department in writing. Any such customer will be charged for the use of such water
and/or sewer until notice is received and acted upon within a reasonable amount of time
by the Authority. Discontinuation of service shall not be allowed for any residential
CFPUA JUNE 8, 2011 Page 5
structure or until unless the structure is deemed uninhabitable. For the purpose of this
ordinance section, an uninhabitable residential structure is a unit or structure with no
electrical service (meter) in place. Discontinuation of service shall not be allowed for
any commercial or industrial building unless the premises shall have been condemned by
New Hanover County or other governing body having jurisdiction over said premises.
Mr. Catlin expressed concern regarding unused commercial properties during present economic
circumstances.
language and suggested removing tha
for
.
Mr. Sparks moved to adopt the revision to Section 6.7, with the omission o
revision of 30 days for action upon a request by the Authority.
ys or
the 180 day language. Mr. Berger seconded the amended motion.
Ms. Wolf, Ms. Kusek, and Messrs. Renzaglia, Brown, Hearne, Sparks, Rivenbark, Quinn, and
Berger voted in favor of the motion. Mr. Catlin opposed the motion. The motion carried, nine to
one.
The Authority recessed at 10:20 a.m. and reconvened at 10:30 a.m.
Operations Report:
Mr. Richardson presented the 2010 Water Quality Report and answered clarification questions
from Authority members. There were no violations of drinking water standards in any of the
report will be mailed to each customer. Copies will also be placed in several public facilities,
Environment and Safety Report:
Ms. Eckert presented the safety reports for March and April 2011. Accident rates have
stabilized. There were three sanitary sewer overflows in March with very small amounts
CFPUA JUNE 8, 2011 Page 6
released. One SSO was due to a pipe failure, and the other two were grease-related. Ms. Eckert
answered clarification questions regarding the March and April reports.
Ms. Eckert reported that the Authority received ten awards from the State of North Carolina
Department of Labor at its recent regional meeting.
Public Relations Report:
Ms. Ricks reported that $1,000 had been disbursed through the CFPUA Assist program. Mr.
Renzaglia requested information on how many customers had been assisted through the program.
Ms. Ricks updated the Board on community education efforts. Educational opportunities include
public service announcements on digital billboards at no cost, radio advertisements, staff
entary schools, and collaborations with the Boy
Scouts and the Kidsville publication distributed at area schools.
Ms. Ricks reported that the May 2011 rates are posted on the website, including the change in
irrigation charges.
:
Request for approval of a Resolution authorizing the Authority to initiate condemnation
proceedings for an easement at 8006 Masonboro Sound Road, funded by the CIP under the 1998
Annexation Area Sewer Project, at a budget impact of $139,800.00.
Mr. Renzaglia asked Mr. Richard Morgan, attorney for an owner of the subject property, to
address the Authority.
Mr. Morgan distributed a map of the property, which showed the location of a pump station
proposed by the Authority and two alternate locations the owners believed would work for the
pump station. The proposed site is located on the most valuable portion of the property and
Mr. Morgan stated that
the Fales family did not wish to stop the pump staThe family supported a
pump station site closer to or adjacent to Masonboro Sound Road rather than on the waterfront
area of their property.
Mr. Fripp briefly summarized the process through which the site was selected, first by the City of
Wilmington and then the Authority and noted the location of adjacent utility easements, as well
as Army Corps of Engineers and Division of Natural Resources wetland areas. Mr. Fripp stated
that the Fales family members had been cooperative in discussing alternatives designs and sites.
CFPUA JUNE 8, 2011 Page 7
50 x 60 feet to 32 x 56 feet.
Engineering and Operations staff explained the engineering and design behind the selection of
the site and the hydraulic difficulties that could arise from the two alternative sites proposed by
the family. Staff members believed that the recommended site was the best and most feasible
location and stated they would do what was possible to minimize the impact of the pump station
on the property.
Closed Session:
Mr. Brown moved to enter closed session to discuss negotiations and determination of property
value. Mr. Berger seconded the motion, and it passed unanimously. The Authority entered
closed session at 11:25 a.m. Authority members, the CEO, the Clerk, Ms. Miles, and Messrs.
Fripp, Flechtner, Styers, and Craig remained in the meeting. Other staff members and visitors
left the meeting room.
Mr. Fripp and Ms. Miles reported on appraisals, determination of value, and negotiations with
the owners and answered questions from Authority members.
Open Session:
Mr. Sparks moved to return to open session. Mr. Hearne seconded the motion, and it passed
unanimously. The Authority returned to open session at 11:40 a.m.
Mr. Renzaglia read the request and recommendation for a Resolution authorizing the initiation of
condemnation proceeds for an easement at 8006 Masonboro Sound Road, Parcel Identification
Number R07200-002-006-000. Mr. Sparks moved to authorize the request, and Mr. Rivenbark
seconded the motion.
Mr. Catlin stated that he would not support the condemnation because he would like to see what
the screening would be before he could support the pump station site and stated that he wanted
his concern on the record. He stated that he could not visualize the impact on the property.
Mr. Rivenbark called the question. Messrs. Renzaglia, Rivenbark, Quinn, Sparks, and Hearne,
Ms. Kusek, and Ms. Wolf voted to authorize the condemnation request. Messrs. Berger, Catlin,
and Brown opposed the motion. The motion carried, seven to three.
CFPUA JUNE 8, 2011 Page 8
:
Mr. Jordan had no report.
Mr. Hearne thanked Mr. Jordan and staff for the Budget preparation and presentation and
commended Mr. Jordan on the Authority Mission Statement he had written as the foreword to
the Budget document.
Committee Reports:
Finance Committee:
Mr. Smith, Authority Treasurer, was absent, and Mr. Renzaglia requested Ms. Spivey to report
for the Finance Committee. The Committee met on June 1, 2011. In addition to the FY2012
budget, the Committee reviewed the following items: hauled waste fee and extra strength
surcharges, bulk user rates, revisions to change orders and contract amendments, local vendor
preference, and fleet maintenance.
The Committee recommended the following items for consideration by the full Board:
Revisions to the approval process for certain change orders and contract amendments:
Ms. Vosnock explained the purpose the revision was to facilitate work on small, time-sensitive
contracts. Staff recommended that, for contracts originally less than $20,000, the CEO be given
authorization to approve change orders and amendments that cause the aggregate to exceed 50
percent of the original contract. Any amendment or change order that caused those contracts to
exceed $50,000 or more in total would go to the Board for consideration.
Hearne seconded the motion.
Mr. Berger requested a spreadsheet of all change orders to be added to the Agenda packets so the
Board could maintain oversight. Mr. Jordan reported that a spreadsheet could be provided for
information purposes but that if the Board wants oversight, the contract approval would need to
go the Board for a vote.
Mr. Renzaglia called the question, and the motion passed unanimously.
CFPUA JUNE 8, 2011 Page 9
Local Vendor Preference:
Ms. Vosnock and Ms. Miles provided a brief overview of the uses of a local preference policy.
The Board received a memorandum regarding procurement processes and local preference in the
Agenda packet. No North Carolina local governmental unit has a formal local preference policy.
The Finance Committee requested that a policy be developed for Committee review at its July
meeting.
Two items were presented for consideration by the full Board that had been removed from the
Consent Agenda.
(1)Authorization for the CEO to execute a contract with T&L Truck Repair, Inc., for routine
maintenance for medium duty vehicles and non-routine maintenance for medium duty
vehicles for 12 months with the option to renew for up to four additional 12-month terms
{Item 4 from the Consent Agenda}.
Mr. Quinn stated that he had removed the vehicle maintenance contract requests from the
Consent Agenda because he had concerns regarding accountability and the level of expertise
regarding mechanics and vehicles of the staff members responsible for scheduling and
monitoring maintenance. He believed the Authority needed a fleet manager and more
centralized accountability.
Ms. Gallinaro and Mr. Jordan reported that the Asset Management program would address and
fleet maintenance.
Mr. Renzaglia stated that the Authority needed to move forward with a maintenance contract.
Mr. Sparks agreed that the maintenance contract recommendation should be voted upon but
tability and record keeping.
Mr. Sparks moved to authorize the CEO to execute a contract with T&L Truck Repair, Inc., for
maintenance for medium duty vehicles for 12 months with the option to renew the contract for
up to four additional 12-month terms. Ms. Wolf seconded the motion, and it passed
unanimously. .
(2)Authorization for the CEO to execute a contract with T&L Truck Repair, Inc., for routine
maintenance for heavy-duty vehicles and trailers and non-routine maintenance for
medium duty vehicles and trailers for 12 months with the option to renew for up to four
additional 12-month terms {Item 5 from the Consent Agenda}.
CFPUA JUNE 8, 2011 Page 10
Mr. Sparks voted to authorize the contract with T&L Truck Repair, Inc., as presented by staff.
Ms. Wolf seconded the motion, and it passed unanimously.
Monthly Financial Reports:
Ms. Spivey referred Authority members to Exhibits 15-22 and 15-23 in the Agenda packet. At
the end of June, the Authority had $68 million in assets, and $40.4 million in unrestricted cash.
With 92 percent of the year lapsed, revenues were at 93.38 percent and expenditures at 73.33
percent. Revenues were $623,000 above expenditures. There were no questions from Authority
members.
Long Range Planning Committee:
Messrs. Quinn and Styers reported that the Committee met on May 26 and reviewed the
following items:
Raw Water Supply:
The Committee received a report from Don Betz, Director of the Lower Cape Fear Water and
Sewer Authority (LCFWSA) and Tony Boahn of McKim & Creed, the engineers for LCFWSA.
LCFWSA presented alternatives to the CFPUA proposal to locate a raw water pump station near
the U.S. 421 water vault. Discussions will continue between representatives of the two
Authorities.
Mr. Renzaglia stated that LCFWSA was contractually obligated to deliver 23 million gallons of
water per day to CFPUA and asked if LCFWSA was able to provide the contractually obligated
amount. Mr. Styers reported that there had been times when LCFWSA was unable to deliver 23
million gallons per day. Messrs. Catlin and Quinn stated that LCFWSA could provide the water
with the pump station.
Mr. Renzaglia asked Mr. Richardson how much it cost CFPUA to produce water from its own
intake, and Mr. Richardson reported that the cost was 9 cents per gallon. The cost from
LCFWSA is 28 cents per gallon. Mr. Renzaglia asked if CFPUA could increase production from
its water supply more cheaply and stated that he wanted to look at all possibilities.
Automated Meter Reading Implementation (AMR):
A business case evaluation is underway to evaluate AMR as a part of the enterprise-wide Asset
Management Program. Staff presented additional options that could be used to produce monthly
billing to the Committee.
CFPUA JUNE 8, 2011 Page 11
System Growth Expansion:
Mr. Quinn reported that expansion of the system would be an item for discussion at the
Authority Board retreat. The Committee recommended input from stakeholder groups. County
and City representatives will be invited to upcoming Committee meetings to discuss growth.
Old Business and Adjournmentk:
Mr. Renzaglia reminded Authority members that new officers should be elected at the July
meeting. Messrs. Smith and Rivenbark comprise the Nominating Committee and will present a
slate of officers to be voted upon. Mr. Renzaglia invited all Board members to advise the
Nominating Committee of their interest in holding office. Nominations can also be made from
the floor at the July meeting.
There being no further business to come before the Authority, Mr. Rivenbark moved to adjourn.
Mr. Catlin seconded the motion, and it passed unanimously. The meeting adjourned at 1:25 p.m.
The next regular meeting of the Cape Fear Public Utility Authority will be Wednesday, July 13,
2011, in the Lucie Harrell Conference Room, New Hanover County Administration Building,
230 Government Center Drive.
Respectfully submitted,
Donna S. Pope, Clerk
CFPUA JUNE 8, 2011 Page 12