HomeMy WebLinkAboutCFPUA 8 13 2014 Regular Meeting CAPE FEAR PUBLIC UTILITY AUTHORITY
AUTHORITY BOARD
MINUTES
AUGUST 13, 2014
Lucie Harrell Conference Room Regular Meeting 9:00 AM
230 GOVERNMENT CENTER DRIVE
WILMINGTON, NC 28403
CALL TO ORDER
II. DETERMINATION OF A QUORUM
Ms. Kusek called the meeting to order at 9:00 AM and declared a quorum present.
Attendee Name Organization Title Status Arrived
Patricia Kusek Cape Fear Public Utility Chair Present
Authority
Jim Quinn Cape Fear Public Utility Vice Chair Present
Authority
James Brumit Cape Fear Public Utility Secretary Present
Authority
Mike Brown Cape Fear Public Utility Treasurer Present
Authority
Cindee Wolf Cape Fear Public Utility Present
Authority
William Norris Cape Fear Public Utility Present
Authority
Larry Sneeden Cape Fear Public Utility Excused
Authority
Kevin O'Grady Cape Fear Public Utility Present
Authority
Charlie Rivenbark Cape Fear Public Utility Present
Authority
Woody White Cape Fear Public Utility Present
Authority
Thomas Wolfe Cape Fear Public Utility Present
Authority
Jim Flechtner Cape Fear Public Utility Executive Director Present
Authority
Linda Miles Cape Fear Public Utility Attorney Present
Authority
Karen Durso Cape Fear Public Utility Assistant to the Executive Present
Authority Director
Donna Pope Cape Fear Public Utility Clerk/Executive Secretary to the Present
Authority Board
Frank Styers Cape Fear Public Utility Chief Operations Officer Present
Authority
Carel Cape Fear Public Utility Director of Engineering Present
Vandermeyden Authority
Cheryl Spivey Cape Fear Public Utility Chief Financial Officer Present
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Minutes Authority Board August 13, 2014
Authority
Beth Eckert Cape Fear Public Utility Director of EMD Present
Authority
Kristine (rick Cape Fear Public Utility Customer Service Director Present
Authority
Tom Morgan Cape Fear Public Utility HR Director Present
Authority
Kent Harrell Cape Fear Public Utility Engineering Manager Present
Authority
Gary McSmith Cape Fear Public Utility Engineering Manager Present
Authority
Mike McGill Cape Fear Public Utility Chief Communications Officer Present
Authority
Julia Vosnock Cape Fear Public Utility Procurement Manager Present
Authority
Melinda Hoggard Cape Fear Public Utility Financial Systems Analyst Present
Authority
Jim lannucci New Hanover County Present
Heidi Cox Public Water Supply Present
Dianne Williams Public Water Supply Present
Roy H.Warren Public Speaker Present
Marci Warren Public Speaker Present
Winfield Smith Public Speaker Present
Walt Siebenthan Data Flight Present
III. ADOPTION OF AGENDA
Mr. Rivenbark moved to adopt the day's Agenda. Mr. Norris seconded the motion, and the
Agenda was adopted unanimously.
Mr. Rivenbark moved to excuse Mr. Sneeden. Mr. Wolfe seconded the motion, and it passed
unanimously.
IV. APPROVAL OF MINUTES
1. Authority Board - Regular Meeting -Jul 9, 2014 9:00 AM
Mr. Brumit moved to approve the Minutes of the July 9, 2014, Regular Authority
meeting, as presented in the Agenda packet. Mr. O'Grady seconded the motion, and
the Minutes were unanimously approved.
RESULT: ACCEPTED[UNANIMOUS]
MOVER: James Brumit,Secretary
SECONDER: Kevin O'Grady
AYES: Kusek, Quinn, Brumit, Brown,Wolf, Norris,O'Grady, Rivenbark,White,Wolfe
EXCUSED: Sneeden
V. PUBLIC COMMENTS
Mr. Roy Warren of Sanford spoke regarding family property on Parmele Road. His father-in-
law wished to deed just under one acre of his land to the Warrens to build a home. He
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Minutes Authority Board August 13, 2014
requested a variance from Section 1.13 (b) of the Authority Ordinance for Mandatory
Connection. Mr. Warren reported that the cost of running an eight-inch water main for more
than 334 feet to the property would increase the cost of construction by$30,000-40,000.
Mrs. Marci Warren explained that she had been hospitalized with a serious illness, and she
wished to return to the area to live near her family so they could assist her. She asked for
consideration from the Board.
Mrs. Warren's father, Mr. Winfield Smith, stated that his family had owned the subject property
since 1948 and that he had no plans to develop the entire 9.8 acre parcel, only to provide his
daughter with a homesite.
Mr. Walt Siebenthal, of Data Flight, informed the Board about aerial automated meter reading,
which he believed could provide efficiencies to the Authority.
VI. JULY 9, 2014 SPEAKER UPDATE
Mr. Flechtner updated the Board on speaker concerns from the July 9, 2014, Authority meeting,
as follows:
1. Mr. Cameron Moore of the Business Alliance for a Sound Economy spoke regarding
capacity allocation ordinance revisions. Staff has met several times with Mr. Moore and will
bring additional capacity allocation revisions to the Board through the Long Range Planning
Committee.
2. Ms. Valura Ellison spoke regarding the Authority's base charges. Staff met with Ms.
Ellison and explained the fees. Ms. Ellison understood the fees and appreciated staff taking the
time to meet with her.
3. Mr. Daniel DeVane spoke to the Board regarding base charges and concerns on several
accounts. Staff met with Mr. DeVane on several occasions and made sure that all of the
Authority charges on the accounts were calculated correctly. Some of the charges were from
the City for solid waste and stormwater. Most of the accounts are current. Staff continues to
work with Mr. DeVane on one account.
VII. CONSENT AGENDA
Mr. Brown moved to approve all of the times on the Consent Agenda. Mr. Norris seconded the
motion. There were no questions regarding any Consent item, and the Consent Agenda was
unanimously approved.
1. Authorization for First South Bank to Become an Official Depository for CFPUA Funds
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RESULT: APPROVED[UNANIMOUS]
MOVER: Mike Brown,Treasurer
SECONDER: William Norris
AYES: Kusek, Quinn, Brumit, Brown,Wolf, Norris,O'Grady, Rivenbark,White,Wolfe
EXCUSED: Sneeden
2. Authorization for the Executive Director to Execute a Contingency Based Contract with
Utility Management Services, Inc. for Bill Review Services
RESULT: APPROVED[UNANIMOUS]
MOVER: Mike Brown,Treasurer
SECONDER: William Norris
AYES: Kusek, Quinn,Brumit, Brown,Wolf, Norris,O'Grady, Rivenbark,White,Wolfe
EXCUSED: Sneeden
3. Conversion Account
RESULT: APPROVED[UNANIMOUS]
MOVER: Mike Brown,Treasurer
SECONDER: William Norris
AYES: Kusek, Quinn, Brumit, Brown,Wolf, Norris,Sneeden,O'Grady, Rivenbark,White,
Wolfe
4. Kerr Avenue Greater Loop Contract Amendment 5
RESULT: APPROVED[UNANIMOUS]
MOVER: Mike Brown,Treasurer
SECONDER: William Norris
AYES: Kusek, Quinn, Brumit, Brown,Wolf, Norris,O'Grady, Rivenbark,White,Wolfe
EXCUSED: Sneeden
5. Hach Service Agreement Sole Source Service Agreement for 37 Hach Instruments at
Sweeney Water Plant and Nano Water Plant
RESULT: APPROVED[UNANIMOUS]
MOVER: Mike Brown,Treasurer
SECONDER: William Norris
AYES: Kusek, Quinn, Brumit, Brown,Wolf, Norris, O'Grady, Rivenbark,White,Wolfe
EXCUSED: Sneeden
6. Personnel Policy Revisions - Inclement Weather or Area Emergencies
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RESULT: APPROVED[UNANIMOUS]
MOVER: Mike Brown,Treasurer
SECONDER: William Norris
AYES: Kusek, Quinn, Brumit, Brown,Wolf, Norris,O'Grady, Rivenbark,White,Wolfe
EXCUSED: Sneeden
7. Personnel Policy Revisions - Section 2. Vacation Leave
RESULT: APPROVED[UNANIMOUS]
MOVER: Mike Brown,Treasurer
SECONDER: William Norris
AYES: Kusek, Quinn, Brumit, Brown,Wolf, Norris, O'Grady, Rivenbark,White,Wolfe
EXCUSED: Sneeden
VIII.NEW BUSINESS
A. Administrative Reports
i. Attorney's Report
Ms. Miles had no report and did not require a closed session discussion.
ii. Executive Director's Report
Mr. Flechtner referred the Board to the Environment and Safety reports in the Agenda.
There were no questions regarding the reports.
1. Environmental Report
2. Safety Performance Report
B. Committee Reports
i. Executive Committee
Ms. Kusek reported that the Committee met on August 6. The meeting time for the
Committee has been moved from 2:00 PM to 11 AM on the first Wednesday of each
month, following the Finance Committee meeting.
1. August 6, 2014 Executive Committee Minutes
ii. Human Resources Committee
Mr. Brumit reported that the Committee met on July 24 and asked Mr. Morgan to
update the Board. Mr. Morgan reported that the Committee reviewed, unanimously
approved, and recommended to the full Board two items that had been approved under
Item 7 on the Consent Agenda. There were no questions from Board members
regarding the Human Resources report.
1. Human Resources Committee - Regular-Jul 24, 2014 9:00 AM
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RESULT: NO ACTION REQUIRED
iii. Long Range Planning Committee
Mr. Vandermeyden reported that the Committee met on July 24 and discussed several
topics. He referred Board members to the Committee minutes for a full list of
discussion items.
The Committee received a staff report and recommendation regarding Reclaimed Water
use. North Carolina does not allow direct re-use of reclaimed water for potable
purposes but allows some indirect uses. The treated effluent from the Northside
Wastewater Treatment Plant is "Type 1" and meets state standards for indirect use of
treated wastewater, known as reclaimed water. The Committee approved staff's goal
of evaluating the use of reclaimed water for bulk customers and authorized the
application for the appropriate permits from the State for its use.
Mr. Rivenbark reminded the Board that the treated wastewater produced by the
Authority is cleaner than the raw river water treated at the Sweeney Water Treatment
Plant. He stated that the cost of water treatment and the scarcity of water would
eventually lead to the use of reclaimed water as potable water. Ms. Miles reported that
the Legislature recently passed laws allow for the mixing of reclaimed water with raw
water for treatment as drinking water. The new statute requires that the reclaimed
water be "Type 2," that it be mixed at no more than a 20 percent ratio with other raw
water sources, and that the reclaimed water be stored in a basin separate from other
treated water prior to being mixed with raw water and treated. Ms. Miles reported that
the legislation is a big step for North Carolina.
The Authority could develop a customer base for bulk reclaimed water to be used for
landscape irrigation and cooling towers. Mr. Flechtner reported that representatives of
the University of North Carolina at Wilmington has expressed interest in the use of
reclaimed water as a bulk customer. A partnership with the University could result in
the future construction of a reclaimed water line from the Northside Plant to campus,
with the potential of other customers connecting to the line. Staff has not discussed
the cost to be associated with bulk reclaimed water sales.
1. Long Range Planning Committee - Regular-Jul 24, 2014 3:00 PM
RESULT: NO ACTION REQUIRED
iv. Finance Committee
Mr. Brown reported that the Committee met on July 31 and on August 6. The July 31
meeting was to interview candidates for the Authority's Fiscal Year 2015 Bond Sale.
1. Authorization for the Executive Director to Designate Citi as the Senior Managing
Underwriter and Wells Fargo and Raymond James as the Co-Managers.
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Ms. Spivey reported that staff and the Authority's financial advisor had selected
three firms to for full interviews. Messrs. Brown, Brumit, Rivenbark, and Wolfe
joined staff and the advisor to conduct the interviews. The underwriter's
primary role in a negotiated sale is to market bonds to investors on the
Authority's behalf at the lowest interest rate. Citigroup has the most familiarity
with the Authority, and has been recommended by the interview panel to serve
as the Senior Underwriter. The panel recommended Wells Fargo and Raymond
James to serve as co-managers, with the ability to reach additional markets.
Mr. Brown moved to approve Citi as the Senior Managing Underwriter and Wells
Fargo and Raymond James as co-managers. Mr. Rivenbark seconded the motion,
and it passed unanimously.
RESULT: APPROVED[UNANIMOUS]
MOVER: Mike Brown,Treasurer
SECONDER: Charlie Rivenbark
AYES: Kusek, Quinn, Brumit, Brown,Wolf, Norris,O'Grady, Rivenbark,White,
Wolfe
EXCUSED: Sneeden
2. August 2014 Monthly Finance Report
Ms. Spivey reported that Authority revenues are trending upward, and the FY15
Budget is in good standing.
Mr. O'Grady stated that accounts receivables seemed high and asked how the
receivables balances compared to those of other utilities of the same size. Ms.
Spivey reported that bimonthly billing was part of the reason because individual
bills are higher when meters are read every two months. The Authority
collection rate is 98 percent, which within the same range as its peers, and the
receivables balance has dropped from the Authority's early years of operation.
Ms. (rick reported that collections staff actively pursues both active and inactive
accounts. Active accounts 120 days or older go to the State debt setoff and to
Penn Credit. Accounts that have aged out and need to be written off are
covered in the reserves allowance.
Ms. Spivey and Ms. (rick will prepare a full review of accounts receivables and
collections for the Finance Committee and the full Board. Ms. Spivey reported
that the Authority was included in a local bill that could provide a new collection
method.
IX. OLD BUSINESS
There was no old business.
X. AUTHORITY Q&A/CLOSING COMMENTS
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Mr. Wolfe asked if the aerial meter reading concept mentioned by Mr. Siebenthal could be
applicable for Authority use. Mr. Flechtner reported that the Authority system is not yet ready
for full remote reading. Meters are switched to AMR based on the reading routes, and 14,000
of the approximately 66,000 meters are now automatic read meters. Meter readers collect
data from their trucks as they drive their routes and can stop and manually read a meter
immediately when necessary. Aerial meter reading would be similar to the method used by the
drivers with AMR but an employee would need to make a site visit if the aerial reading missed
data. The AMR meters are compatible with the AMI process, which could collect data in real
time from an office location.
Mr. Wolfe asked what action could be taken to resolve the Warren and Smith family request for
a variance from mandatory connection. Mr. Flechtner reported that the request had been
reviewed by staff and the response was consistent with other similar property situations. Staff
had made some suggestions for connection that could cost less. Ms. Miles reported that the
Authority's formative ILA requires mandatory connection. The Authority Ordinance provides
that an appeal goes to the Executive Director and the property owners have recourse through
N.C. Superior Court if they do not agree with the Executive Director's decision. A court action
would be the Warrens' next option.
Board members supported mandatory connection, but several members expressed a desire to
assist the Warrens. The Board discussed options to revise the Ordinance regarding appeals and
discussed the rational basis for determining a separate class of customers. Ms. Miles explained
that a separate class can be created with distinct parameters defining the class. All customers
within a class must be treated the same. Ms. Miles reported that a variance or exception for
mandatory connection must be based upon the land and not the circumstances of the
individual.
Mr. Flechtner answered questions regarding a less costly method of connection that could be
used by the Warrens, which would involve their obtaining an easement across adjoining land to
connect with the water line on Blue Clay Road. The installation of a smaller diameter line
would also save money.
Ms. Wolf reminded the Board that the lot division falls under the "minor subdivision" rule of
the County. Mr. Flechtner reported that staff has less concern about an individual lot than
with a parcel being divided over time. Mr. White agreed that was a reasonable concern that
could be addressed by an agreement with the property owners including a contingency clause
regarding a future sale or further subdivision of the land.
Mr. Flechtner suggested that staff revisit the Ordinance, mandatory connection requirements,
and parameters for creating a class of customers and bring the topic to the next Long Range
Planning Committee meeting on August 28. The Board supported his recommendation.
Mr. Warren thanked the Board and Authority staff for their time and consideration.
XI. ADJOURNMENT
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Minutes Authority Board August 13, 2014
There was no further business or discussion, and Mr. Norris moved to adjourn. Mr. Brown
seconded the motion, and it passed unanimously. The Authority adjourned at 10:00 AM.
The next regular meeting of the Cape Fear Public Utility Authority will be Wednesday,
September 10, 2014. The meeting will be held in the Lucie Harrell Conference Room, New
Hanover County Administration Building, 230 Government Center Drive, in Wilmington, North
Carolina. The meeting will commence at 9:00 A.M.
Respectfully submitted,
Donna S. Pope
Clerk to the Board
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