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Home My WebLink About2019-10-09 Regular Meeting Minutes CAPE FEAR PUBLIC UTILITY AUTHORITY AUTHORITY BOARD MINUTES OCTOBER 9, 2019 Lucie Harrell Conference Room Regular Meeting 9:00 AM 230 GOVERNMENT CENTER DRIVE WILMINGTON, NC 28403 I. CALL TO ORDER Mr. Norris the October meeting to order and declared a quorum present. Ms. Kusek moved to excuse Mr. Sneeden. Mr. Rivenbark seconded the motion, and it passed unanimously. II. DETERMINATION OF A QUORUM Attendee Name Organization Title Status Arrived William Norris Cape Fear Public Utility Chair Present Authority Wesley Corder Cape Fear Public Utility Vice-Chair Present Authority Deans Hackney Cape Fear Public Utility Secretary Present Authority Jennifer Adams Cape Fear Public Utility Treasurer Present Authority Jessica Cannon Cape Fear Public Utility Present Authority Patricia Kusek Cape Fear Public Utility Present Authority Larry Sneeden Cape Fear Public Utility Excused Authority Hollis Briggs Cape Fear Public Utility Present Authority Kevin O'Grady Cape Fear Public Utility Present Authority Charlie Rivenbark 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 Deputy Executive Director Present Authority Carel Cape Fear Public Utility Deputy Executive Director Present Vandermeyden Authority John McLean Cape Fear Public Utility Chief Financial Officer Present Authority Kristine Irick Cape Fear Public Utility Customer Service Director Present Authority Beth Eckert Cape Fear Public Utility Director of EMD Present Authority Cape Fear Public Utility Authority Page 1 MinutesAuthority BoardOctober 9, 2019 Lindsey Hallock Cape Fear Public Utility Director of Public and Present Authority Environmental Policy Vaughn Hagerty Cape Fear Public Utility Public Information Officer Present Authority Cammie Bellamy Cape Fear Public Utility Assist PIO Present Authority Cord Ellison Cape Fear Public Utility Chief Information Officer Present Authority Donna S. Pope Cape Fear PUblic Utility Present Authority Linda Miles Miles Firm, PLLC CFPUA Consulting Attorney Present Heidi Cox State of NC Present Dave Mayes City of Wilmington Present Ray Cox Present Beth Markesino Present III. ADOPTION OF AGENDA Ms. Kusek moved to adopt the Agenda. Ms. Adams seconded the motion, and it passed unanimously. IV. APPROVAL OF MINUTES 1. Authority Board - Regular Meeting - Sep 11, 2019 9:00 AM RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Patricia Kusek SECONDER: Hollis Briggs, Board Member AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden V. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER There were no speakers. VI. SPEAKER UPDATE FROM THE SEPTEMBER 11, 2019 BOARD MEETING Two citizens spoke at the September meeting. There was no follow-up necessary. VII. CONSENT AGENDA Mr. Zapple asked to remove Item 6 from the Consent Agenda for discussion. Mr. O'Grady had questions regarding Items 3, 6, 7, and 8. Mr. Rivenbark moved to approve Items 1, 2, 4, 5, 9, 10, 11, 12, and 13. Mr. Zapple seconded the motion, and the items were approved unanimously. 1. Employee Benefits for CY 2020 Cape Fear Public Utility Authority Page 2 MinutesAuthority BoardOctober 9, 2019 RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 2. Pump Station Upgrades RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 3. Budget Ordinance Related to the Purchase of the Remaining Capacity in the Northwest Force Main Mr. O'Grady requested clarification on the purchase of capacity. The subject force main was constructed by a developer, who has been reimbursed by subsequent development. The developer conveyed the infrastructure to CFPUA, and CFPUA is purchasing the remaining capacity for its use. CFPUA has realized a savings in purchasing the remaining capacity and received infrastructure for which it did not have to expend construction monies. Mr. O'Grady moved to approve the item. Mr. Rivenbark seconded the motion, and it passed unanimously. RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady SECONDER: Charlie Rivenbark, CFPUA Board Member AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 4. Authorization to Purchase a Replacement 2018 JCB Front End Loader RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 5. Authorize the Board Chair to execute a $152,750 Amendment to the Interlocal Agreement for the Northern Water Main project Cape Fear Public Utility Authority Page 3 MinutesAuthority BoardOctober 9, 2019 RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 6. Ordinance Related to the Interlocal Agreement Regarding the Sidbury and Greenview Area Preliminary Engineering Report. Messrs. O'Grady and Zapple requested clarification on the preliminary engineering report. Mr. Flechtner reported that New Hanover County is funding the report, and it will explore the possibilities of water and sewer expansion in the northeastern part of the service area. Mr. Corder added that there are several stakeholders interested in the study results. Mr. O'Grady moved to approve the item. Mr. Rivenbark seconded the motion, and it passed uanimously. RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady SECONDER: Charlie Rivenbark, CFPUA Board Member AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 7. Authorization for the Board Chair to Enter into a $100,000 Interlocal Agreement with New Hanover County for the Sidbury and Greenview Area Preliminary Engineering Report. RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady SECONDER: Charlie Rivenbark, CFPUA Board Member AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 8. Authorization for the Executive Director to execute a $138,000 contract with McKim & Creed for a Preliminary Engineering Report for the Sidbury and Greenview Area Water and Sewer Utilities project. Cape Fear Public Utility Authority Page 4 MinutesAuthority BoardOctober 9, 2019 RESULT: APPROVED \[UNANIMOUS\] MOVER: Kevin O'Grady SECONDER: Charlie Rivenbark, CFPUA Board Member AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 9. Water Street Improvements Interlocal Agreement RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 10. $96,600 Kimley-Horn and Associates, Inc. Contract Amendment # 1 for Pump Station Upgrades RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 11. $1,347,400 McKim & Creed Contract Amendment #1 for Kings Bluff Raw Water Transmission Main Project. RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 12. $73,279.47 Harper General Contractors Change Order #5 for Auxiliary Diesel Pumps at Kings Bluff Pump Station Cape Fear Public Utility Authority Page 5 MinutesAuthority BoardOctober 9, 2019 RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden 13. Authorize the Executive Director to Purchase Remaining Capacity in the Northwest Force Main Subject to the Chair Road Associates Utility Infrastructure Reimbursement Agreement RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden VIII. NEW BUSINESS A. Administrative Reports i. Attorney's Report Ms. Miles reported that the Federal judge has issued the schedule for CFPUA v. Chemours and DuPont case, as follows: Summer 2020 - completion of discovery August 2020 - mediation Fall 2020 - witness reports Spring 2021 - expert witnesses Fall 2021 - trial Board members asked that the timeline be published on CFPUA's website so that customers remain aware of the legal action. Ms. Miles requested a closed session to discuss a possible claim. ii. Executive Director's Report Mr. Flechtner referred the Board to the reports in the agenda packet and answered clarification questions. 1. Key Indicators Report Cape Fear Public Utility Authority Page 6 MinutesAuthority BoardOctober 9, 2019 RESULT: REVIEWED 2. Environmental Report Mr. Flechtner noted that sanitary sewer overflows associated with Hurricane Florence in September 2018 have fallen off the 12-month rolling average shown in the report. RESULT: REVIEWED 3. Safety Report RESULT: REVIEWED 4. Quarterly CIP Report RESULT: REVIEWED B. Committee Reports i. Executive Committee 1. Executive Committee Meeting Minutes RESULT: REVIEWED 2. Creation of a Sustainability Committee on the CFPUA Board The Executive Committee approved the creation of the Sustainability and appointed Dr. Cannon as Chair, with Ms. Adams and Mr. Zapple also serving on the committee. RESULT: REVIEWED ii. Long Range Planning Committee 1. Long Range Planning Committee - Regular - Sep 26, 2019 3:00 PM RESULT: NO ACTION REQUIRED iii. Finance Committee 1. Finance Committee - Regular Meeting - Oct 2, 2019 9:00 AM Cape Fear Public Utility Authority Page 7 MinutesAuthority BoardOctober 9, 2019 RESULT: NO ACTION REQUIRED 2. Financial Report Mr. McLean presented the financial data through August 2019. Expenditures reflect a large, scheduled debt service payment. The number of equivalent residential units is below budget, and consumption is above budget. PFAS expenditures to date are $8.4 million, $635,000 of which was paid by the state. CFPUA's bond sale was approved by the Local Government Commission on October 1. Standard & Poors has issued a credit rating of AA+, and Moody's AA1. RESULT: REVIEWED 3. Quarterly Customer Service Report Ms. Irick presented the quarterly customer service data. Customer service enhancements of virtual hold, live chat, and call recording should go live within the next month. RESULT: REVIEWED 4. $37,203,838 Construction Contract Award to Garney Companies, Inc. for Kings Bluff Raw Water Transmission Main Project. Mr. Styers presented the item. Following clarification questions, Mr. Rivenbark moved to approve the item. Mr. Zapple seconded the motion, and it passed unanimously. RESULT: APPROVED \[UNANIMOUS\] MOVER: Charlie Rivenbark, CFPUA Board Member SECONDER: Rob Zapple AYES: Norris, Corder, Hackney, Adams, Cannon, Kusek, Briggs, O'Grady, Rivenbark, Zapple EXCUSED: Sneeden iv. Human Resources Committee 1. HR Committee Meeting Minutes RESULT: REVIEWED IX. OLD BUSINESS There was no old business. X. AUTHORITY Q&A / CLOSING COMMENTS Cape Fear Public Utility Authority Page 8 MinutesAuthority BoardOctober 9, 2019 There were no closing comments or questions. XI. CLOSED SESSION Ms. Adams moved to enter closed session to discuss a possible claim and provide direction to legal counsel. Mr. Corder seconded the motion, and it passed unanimously. The Board entered closed session at 9:32 AM. Following a report from Ms. Miles and direction from the Board, Mr. Rivenbark moved to return to open session. Mr. Zapple seconded the motion, and it passed unanimously. The Board returned to open session at 10:00 AM. XII. ADJOURNMENT Ms. Kusek moved to adjourn. Mr. Rivenbark seconded the motion, and it passed unanimously. The meeting adjourned at 10:01 AM. The next regular CFPUA meeting will be Wednesday, November 13, 2019. The Board will meet in the New Hanover County Administration Offices, 230 Government Center Drive, Wilmington, North Carolina, commencing at 9:00 AM. Respectfully submitted, Donna S. Pope Clerk to the Board Cape Fear Public Utility Authority Page 9