HomeMy WebLinkAboutSeptember 14 2016 Meeting Minutes
CAPE FEAR PUBLIC UTILITY AUTHORITY
AUTHORITY BOARD
MINUTES
SEPTEMBER 14, 2016
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 and declared a quorum present.
II. DETERMINATION OF A QUORUM
Attendee Name Organization Title Status Arrived
Mike Brown Cape Fear Public Utility Chair Present
Authority
Patricia Kusek Cape Fear Public Utility Vice-Chair Present
Authority
Larry Sneeden Cape Fear Public Utility Secretary Present
Authority
William Norris Cape Fear Public Utility Treasurer Present
Authority
Cindee Wolf Cape Fear Public Utility Excused
Authority
Jennifer Adams Cape Fear Public Utility Present
Authority
Chuck Davis Cape Fear Public Utility Present
Authority
Charlie Rivenbark Cape Fear Public Utility Excused
Authority
Kevin O'Grady Cape Fear Public Utility Present
Authority
Woody White Cape Fear Public Utility Present
Authority
Rob Zapple Cape Fear Public Utility 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
Kristine Irick Cape Fear Public Utility Customer Service Director Present
Authority
Carel Director of Engineering
Cape Fear Public Utility Present
Vandermeyden Authority
Tom Morgan Cape Fear Public Utility HR Director Present
Authority
Mike Richardson Cape Fear Public Utility Water Resources Manager Present
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Minutes Authority Board September 14, 2016
Authority
Mike McGill Cape Fear Public Utility Chief Communications Officer Present
Authority
Leslie Ogilvie Cape Fear Public Utility Assistant to the Executive Present
Authority Director
Julia Vosnock Cape Fear Public Utility Procurement Manager Present
Authority
Ken Vogt Cape Fear Public Utility WWT Superintendent Present
Authority
Matthew Tribett Cape Fear Public Utility Project Manager Present
Authority
Jill Deaney Cape Fear Public Utility Present
Authority
Donna Pope Cape Fear Public Utility Clerk/Executive Secretary to the Present
Authority Board
Linda Miles The Miles Firm, PLLC CFPUA Consulting Attorney Present
Ava Richardson Present
Heidi Cox NC Public Water Supply Present
Jim Iannucci New Hanover County Present
Dave Mayes City of Wilmington Present
James Fredley Present
III. ADOPTION OF AGENDA
Ms. Kusek moved to approve the day's Agenda. Mr. O'Grady seconded the motion, and it
passed unanimously.
IV. APPROVAL OF MINUTES
1. Authority Board - Regular Meeting - Aug 10, 2016 9:00 AM
RESULT: ACCEPTED \[UNANIMOUS\]
MOVER: Larry Sneeden, Secretary
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
V. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER
Mr. Fredley spoke regarding mandatory connection in Heritage Park and legislation limiting
mandatory connection for water. Mr. Fredley submitted his written notes to the Clerk. The
Board discussed House Bill 44, which was adopted as Session Law in 2015, and Ms. Miles
answered questions regarding legal opinions on the subject.
VI. SPEAKER UPDATE FROM THE AUGUST 10 BOARD MEETING
Mr. Flechtner reported that staff had met with Mr. Halecki, who spoke at the August Authority
meeting.
VII. CONSENT AGENDA
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Minutes Authority Board September 14, 2016
Mr. Zapple requested clarification on Items 2, 5, 7, 10, 12, and 13. Mr. Sneeden asked that Item
9 be pulled from the Consent Agenda and because he would be requesting recusal from that
vote. Mr. Brown requested the same for Item 12.
Following clarification questions and a brief discussion, Mr. Norris moved to approve Items 1, 2,
3, 4, 5, 6, 7, 8, 10, 11, and 13. Ms. Kusek seconded the motion, and it passed unanimously.
1. Ordinance Revision Clarifying Private and Public Pump Station Permitting
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
2. Loan Policy Revision
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
3. Purchase of New JCB 100c Excavator
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
4. Chemical Sole Source Purchase Authorization
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
5. Emergency Construction Services Contract Renewal
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RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
6. Kings Bluff Raw Water Bar Screen
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
7. Authorization for the Executive Director to Execute a $30,600 Contract Amendment
with McKim & Creed for the Force Main 12 Project
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
8. Authorization for the Executive Director to Execute a $31,400 Contract Amendment
with HDR for the Pump Station 10 Force Main Project.
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
9. Authorization for Design-Build Procurement - Southside Wastewater Treatment Plant
Interim Rehabilitation Project.
Mr. Norris moved to recuse Mr. Sneeden due to a conflict of interest for his company.
Ms. Adams seconded the motion, and it passed unanimously. Mr. Zapple moved to
adopt the item. Mr. Norris seconded the motion, and it passed unanimously.
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Minutes Authority Board September 14, 2016
RESULT: APPROVED \[8 TO 0\]
MOVER: Rob Zapple
SECONDER: William Norris, Treasurer
AYES: Brown, Kusek, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
RECUSED: Sneeden
10. Authorization for the Executive Director to Execute a $650,000 Design Build Contract
with Crowder Construction Company for the Heat Exchanger Replacement project.
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
11. Authorization for the Executive Director to Execute $315,376 Design-Build Agreement
with Garney Construction for the Alandale Dr/Kerr Ave Manhole Replacement
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
12. Authorization for the Executive Director to Execute a $1,497,500 Design Contract with
Black and Veatch for the US Highway 421 Corridor Water and Wastewater Utilities
project
Mr. White moved to recuse Mr. Brown due to a conflict of interest with his company.
Mr. Davis seconded the motion, and it passed unanimously.
Mr. Zapple asked if the project was being designed to distribute reclaimed water and
suggested that the item go to the Long Range Planning Committee for discussion of
reclaimed water infrastructure. Mr. Flechtner reported that reclaimed water was not
included in the scope because of budgeting constraints. He recommended that the
design contract be approved as presented to keep the project on schedule and reported
that the contract could be amended in the future as needed.
Mr. Zapple supported studying the use of reclaimed water in the project and suggested
that it could be beneficial to industrial users along the 421 corridor. Mr. White stated
that it could be costly and that the decision to build the reclaimed water infrastructure
could not be made until further study had been conducted. Ms. Adams observed that
CFPUA should determine if there would be a demand for the product. Mr. Flechtner
reported that capacity is not an issue now but could be in the future and that planning
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Minutes Authority Board September 14, 2016
for reclaimed water use takes considerable time. Mr. Sneeden stated that the Long
Range Planning Committee could discuss the options further.
Mr. Zapple moved to direct the Long Range Planning Committee to review reclaimed
water use for the 421 project. Mr. Sneeden seconded the motion, and it passed
unanimously.
Ms. Adams moved to approve the Black & Veatch contract, as presented and
recommended by staff and the Finance Committee. Mr. Zapple seconded the motion,
and it passed unanimously.
RESULT: APPROVED \[8 TO 0\]
MOVER: Jennifer Adams
SECONDER: Rob Zapple
AYES: Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
RECUSED: Brown
13. Enterprise Resource Planning (ERP) Update
RESULT: APPROVED \[UNANIMOUS\]
MOVER: William Norris, Treasurer
SECONDER: Patricia Kusek, Vice-Chair
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
VIII. NEW BUSINESS
A. Administrative Reports
i. Attorney's Report
Ms. Miles had no report and advised that a closed session would be needed to discuss a
personnel matter.
ii. Executive Director's Report
1. Environmental Report
The Environmental Report was in the packet, and staff was available for
questions.
RESULT: REVIEWED
2. Key Indicators Report
The Key Indicators Report was in the packet. There were no questions from the
Board.
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Minutes Authority Board September 14, 2016
RESULT: REVIEWED
3. Safety Performance Report
The Safety Performance Report was in the packet, and staff was available for
questions.
RESULT: REVIEWED
4. Resolution Recognizing Michael E. Richardson
Mr. Flechtner announced that Mr. Richardson is retiring in September after 22
years of combined service with the City of Wilmington and CFPUA. Mr.
Richardson began his career in the field 41 years ago and went to work for the
City in 1994. He oversaw two expansions of the Sweeney Water Treatment Plant
and was a guiding force behind the Aquifer Storage and Recovery project and the
Nano-filtration water plant. He was instrumental in connecting the City and
County systems into a integrated system for CFPUA. Mr. Richardson is a leader
in the industry at both the state and national levels, winning 12 significant
awards for the provision of drinking water.
Mr. Flechtner stated that Mr. Richardson's retirement is a significant loss for the
Authority. He added that he has known Mr. Richardson for 22 years as a
colleague and a friend and that he has learned and benefited greatly from their
relationship.
Mr. Flechtner presented a resolution recognizing Mr. Richardson and naming the
nano-filtration plant the Michael E. Richardson Nano-Filtration Plant. Ms. Kusek
moved to adopt the resolution, and Mr. Norris seconded the motion. Mr. White
observed that he always knew he would learn something when Mr. Richardson
stepped up to the podium. Mr. Davis praised and complimented Mr. Richardson,
stating that he had worked with him at the City.
Mr. Richardson said that he was honored and had been privileged to work with
the staff and Board. He thanked the City, County, and Authority for creating
CFPUA and for supporting staff. Mr. Brown asked for a vote, and the motion
passed unanimously. Mr. Richardson received a standing ovation from those
present.
RESULT: APPROVED \[UNANIMOUS\]
MOVER: Patricia Kusek, Vice-Chair
SECONDER: William Norris, Treasurer
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
iii. Operations Report
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Minutes Authority Board September 14, 2016
Mr. Styers updated the Board on biological oxygen demand (BOD) issues at the
Northside plant. The BOD has gone back to a normal reading, and engineers continue to
study and analyze data to determine a cause.
The Board recessed at 10:07 AM and reconvened at 10:17 AM.
B. Committee Reports
i. Executive Committee
1. Executive Committee Minutes
The minutes were in the Agenda packet.
RESULT: REVIEWED
ii. Human Resources Committee
1. Human Resources Committee Minutes
Ms. Kusek moved to excuse Mr. White. Mr. Norris seconded the motion, and it
passed unanimously. Mr. White left the meeting.
The minutes were in the Agenda packet. Mr. Morgan reported that a personnel
item discussion required a closed session in the day's meeting. Mr. Morgan
presented State Health Plan (SHP) premium information for calendar year 2017.
Staff had budgeted for a 5 percent increase for the year, and the plan increased
only 3 percent. The North Carolina Legislature passed a bill requiring local
governments to adopt the SHP funding ratio of 82/18 for employee coverage,
with the employer paying 82 percent and the employee paying 18 percent. To
maintain CFPUA's aggregate funding ratio of 80/20, the dependent and family
funding ratio would become 77.5/22.5. Mr. O'Grady commented that the HR
Committee had gone over the insurance information in depth and endorsed the
recommendation. Mr. O'Grady moved to approve the funding ratios as
presented. Mr. Norris seconded the motion, and it passed unanimously.
Mr. Morgan updated the Board on retiree health insurance. He reported that
other insurance plans would move to a calendar year schedule instead of fiscal
year. CFPUA's insurance broker has secured 18-month contracts through 2017
on those plans.
RESULT: REVIEWED
iii. Long Range Planning Committee
1. Long Range Planning Committee - Regular - Aug 25, 2016 3:00 PM
The minutes were in the Agenda packet.
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Minutes Authority Board September 14, 2016
RESULT: NO ACTION REQUIRED
2. Budget Ordinance to Reduce Funding in Mandatory Connection Capital Projects
Mr. Vandermeyden presented the item. The Board discussed mandatory
connection and restrictions on expansion due to legislation. Mr. Sneeden moved
to approve the reduction in funds for tap installations. Ms. Kusek seconded the
motion, and it passed unanimously.
RESULT: APPROVED \[UNANIMOUS\]
MOVER: Larry Sneeden, Secretary
SECONDER: Jennifer Adams
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, Zapple
EXCUSED: Wolf, Rivenbark, White
3. Ordinance Revision for Cost Recovery Projects
Mr. Vandermeyden presented the item and explained that the ordinance would
enable CFPUA to utilize a cost-recovery mechanism from future development.
Mr. Sneeden moved to approve the item. Ms. Adams seconded the motion, and
it passed unanimously.
RESULT: APPROVED \[UNANIMOUS\]
MOVER: Larry Sneeden, Secretary
SECONDER: Jennifer Adams
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
iv. Finance Committee
1. Finance Committee - Regular Meeting - Sep 7, 2016 9:00 AM
The minutes were in the Agenda packet.
RESULT: NO ACTION REQUIRED
2. September Finance Report and Customer Service Update
Mr. McLean presented the August financial data. With 17 percent of the year
finished, revenues are at 19.1 percent. Consumption is down 2 percent from
August 2015. Expenditures are under budget.
RESULT: NO ACTION REQUIRED
3. Grant Resolutions for Connect NC Bond Act of 2015 Applications
Mr. Norris asked Mr. Vandermeyden to present the item.
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Minutes Authority Board September 14, 2016
Mr. Vandermeyden reported that House Bill 943
projects. The Act provided favorable funding opportunities for wastewater
projects for agencies operating with EPA Consent Decrees.
CFPUA is eligible for up to $16.6 million in matching grants to restore high risk
sewer collection pipes and pump stations. There are sufficient funds in cash
reserves to match the $16.6 in grant monies.
Staff identified projects eligible for matching grant funding in the Ten Year
Capital Improvements Plan. If approved, the projects will be accelerated ahead
of the Ten Year CIP. Board resolutions for each project are required to apply for
the grant funding by the deadline of September 30, 2016, as follows:
1. Pump Station 10, which was built in 1967 and is located near the Northside
plant, is one of the oldest pump stations in the system. It has been rehabbed
previously and is susceptible to flooding because most of the equipment is below
ground.
2. Pump stations 5, 6, 13, 16, 21 and 29 and associated force mains are aging
and present safety concerns. They are in the CIP for Fiscal Years 23 and 25.
3. Find-it, Fix-it gravity sewer projects can be addressed, focusing on sewer that
is 40 years older and older and goes beneath main roads where sinkholes can
develop.
4. Staff has identified an asset inventory and assessment project to analyze
sewer infrastructure located in the historic downtown Wilmington area.
Messrs. Vandermeyden and Flechtner answered clarification questions from
Board members on the projects eligible for grants and the use of cash reserves
for the matching funds. Following discussion, Ms. Kusek moved to approve the
resolution for Pump Station 10. Mr. Norris seconded the motion, and it passed
unanimously.
Ms. Kusek moved to approve the resolution for Pump Stations 5, 6, 13, 16, 21,
and 29 and the associated force mains. Mr. Norris seconded the motion, and it
passed unanimously.
Ms. Kusek moved to approve the resolution for gravity sewer find-it, fix-it
projects. Mr. Norris seconded the motion, and it passed unanimously.
Mr. Norris moved to approve the resolution for the asset inventory and
assessment project for downtown sewer. Mr. O'Grady seconded the motion.
Mr. Sneeden asked to be recused due to a conflict with his company. Mr. Norris
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Minutes Authority Board September 14, 2016
moved to recuse Mr. Sneeden. Ms. Kusek seconded the motion, and Mr.
Sneeden was recused unanimously. Mr. Brown askef or a vote on the original
motion approving the resolution, and it passed unanimously.
Mr. Norris moved to excuse Ms. Kusek. Mr. O'Grady seconded the motion, and
it passed unanimously. Ms. Kusek left the meeting.
RESULT: APPROVED \[UNANIMOUS\]
MOVER: Patricia Kusek, Vice-Chair
SECONDER: William Norris, Treasurer
AYES: Brown, Kusek, Sneeden, Norris, Adams, Davis, O'Grady, White, Zapple
EXCUSED: Wolf, Rivenbark
4. Capital Funding Strategies and Financial Sustainability
Mr. McLean reviewed three strategies for funding capital plans and the strengths
and weaknesses of each. CFPUA has two primary funding sources for capital
projects, pay-go capital and debt funding. The use of each carries advantages
and disadvantages. Pay-go can be used to reduce total debt, which would have a
positive effect on CFPUA's bond rating. Debt funding can spread the cost of
major projects over several years and reduce intergenerational inequity for
customers.
The rating agencies Moody's and Standard & Poor's have commended CFPUA's
strong liquidity and debt coverage. The agencies supported the Board formally
adopting policies to provide for greater coverage in the future as well as debt
reduction. A proper balance of liquidity, reserves, pay-go and debt issuance is
recommended. Mr. McLean answered questions from Authority members
regarding pay-go versus debt fund. Board members discussed intergenerational
inequity and rate affordability.
Mr. McLean's report is incorporated herein by reference. The Board retreat on
December 8 will focus on the development of formal financial policies.
RESULT: REVIEWED
IX. OLD BUSINESS
There was no old business.
X. AUTHORITY Q&A / CLOSING COMMENTS
There were no questions or closing comments.
XI. CLOSED SESSION
Mr. Norris moved to enter closed session to discuss a personnel matter. Ms. Adams seconded
the motion, and it passed unanimously. The Board entered closed session at 11:30 AM, with
Ms. Miles, Messrs. Flechtner and Morgan, and Ms. Pope present.
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Minutes Authority Board September 14, 2016
Mr. Zapple moved to return to open session. Mr. Norris seconded the motion, and it passed
unanimously. The Board returned to open session at 11:45 AM.
XII. ADJOURNMENT
There was no further business for the Authority to conduct, and Ms. Adams moved to adjourn.
Mr. Norris seconded the motion, and it passed unanimously. The meeting adjourned at 11:45
AM.
The next regular CFPUA meeting will be Wednesday, October 12, 2016, at 9:00 AM. The
Authority will meet in the Lucie Harrell Conference Room, New Hanover County Administration
Building, 230 Government Center Drive, Wilmington, North Carolina.
Respectfully submitted,
Donna S. Pope
Clerk to the Board
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