HomeMy WebLinkAbout2024-03-13 MinutesCAPE FEAR PUBLIC UTILITY AUTHORITY
AUTHORITY BOARD
MINUTES
MARCH 13, 2024
Room 139 Regular Meeting 9:00 AM
230 GOVERNMENT CENTER DRIVE
WILMINGTON, NC 28403
,IfIZ61ORG
II. DETERMINATION OF A QUORUM
Ms. Adams called the meeting to order at 9:00 AM with a quorum present. Mr. Rivenbark
moved to excuse Messrs. Corder and Norris. Mr. Waddell seconded the motion, and it passed
unanimously.
Attendee Name
Organization
Jennifer Adams
Cape Fear Public
Utility Authority
Deans Hackney
Cape Fear Public
Utility Authority
Jessica Cannon
Cape Fear Public
Utility Authority
Wesley Corder
Cape Fear Public
Utility Authority
William Norris
Cape Fear Public
Utility Authority
Hollis Briggs
Cape Fear Public
Utility Authority
William Smith
Cape Fear Public
Utility Authority
Jonathan Barfield
Cape Fear Public
Utility Authority
Charlie Rivenbark
Cape Fear Public
Utility Authority
Luke Waddell
Cape Fear Public
Utility Authority
Rob Zapple
Cape Fear Public
Utility Authority
Kenneth
Cape Fear Public
Waldroup
Utility Authority
Linda Miles
Miles Firm, PLLC
Title Status Arrived Departed
Chair Present
Vice Chair Present
Secretary Present
Treasurer Excused
Board Member
Excused
Board Member
Present
Board Member
Present
Commissioner Present
Councilman
Present
Councilman
Present
Commissioner
Present
Executive Director Present
CFPUA Consulting Attorney Present 10:18
AM
Cal.,)e Fear Public Utility Authority Page I
Minutes Authority Board March 13, 2024
Beth Eckert
Cape Fear Public
Utility Authority
John McLean
Cape Fear Public
Utility Authority
Carel
Cape Fear Public
Vandermeyden
Utility Authority
Kristine Irick
Cape Fear Public
Utility Authority
Lori McKoy
Cape Fear Public
Utility Authority
Vaughn Hagerty
Cape Fear Public
Utility Authority
Cord Ellison
Cape Fear Public
Utility Authority
Cammie Bellamy
Cape Fear Public
Utility Authority
Gary McSmith
Cape Fear Public
Utility Authority
Julia Faircloth
Cape Fear Public
Utility Authority
James Miles
Ann Whitehurst
Abigail Mann
Becky Shuford
Pam Holding
Mike Brown
Tom Morgan
Janice Gaines
Rock Hill citizens
Donna S. Pope Cape Fear Public
Utility Authority
Deputy Executive Dir. Enviro Present
Mgt & Sustainability
Chief Financial Officer Present
Deputy Executive Director - Present
Engin. & Treatment
Customer Service Director Present
Human Resources Director Present
Communications Director Present
Chief Information Officer
Present
Public Information Officer
Present
Assistant Engineering Director
Present
Deputy Chief Financial Officer
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
Clerk/Executive Secretary to Present
the Board
III. ADOPTION OF AGENDA
Mr. Waddell moved to adopt the day's Agenda. Mr. Briggs seconded the motion, and it passed
unanimously.
IV. APPROVAL OF MINUTES
1. Authority Board -Regular Meeting -Feb 14, 2024 9:00 AM
Caj.')e Fear Public Utility Authority Page 2
Minutes Authority Board March 13, 2024
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Jessica Cannon, Secretary
SECONDER: William Smith, Board Member
AYES: Adams, Hackney, Cannon, Corder, Norris, Briggs, Smith, Barfield, Rivenbark,
Waddell, Zapple
V. RESOLUTION FOR LINDA MILES
Ms. Adams presented a Resolution honoring Ms. Miles on the occasion of her retirement. The
Miles Firm contracted with CFPUA as Authority counsel in 2009, and she has worked with the
Board and staff since then. Ms. Miles was instrumental in drafting and overseeing the
fulfillment of a Consent Order with the Environmental Protection Agency for issues that pre-
dated CFPUA's formation. Her knowledge of environmental regulations, North Carolina and
Federal law, and her extensive contacts within the legal and environmental community have
been a vital part of CFPUA's response to PFAS contamination in the raw water supply from the
Cape Fear River.
Mr. Rivenbark moved to adopt the Resolution. Mr. Waddell seconded the motion, and it
passed unanimously. Board members thanked Ms. Miles for her guidance and her sound legal
counsel.
Ms. Miles thanked Board members for their integrity and commitment to fairness and equity
for customers. She stated that it had been an honor to work with Board members and staff of
such high caliber. She thanked her husband and friends for their support and recognized
former Board Chairman Mike Brown, and CFPUA's first Human Resources Director, Tom
Morgan, for attending the meeting to honor her.
VI. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER
There were no public speakers.
VII. CONSENT AGENDA
1. $243,900 Amendment to Highfill Infrastructure Engineering, P.C.'s On -Call Contract for
Additional Professional Services for Completion of Ongoing Projects
Caj.')e Fear Public Utility Authority Page
Minutes
Authority Board March 13, 2024
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Charlie Rivenbark, Councilman
SECONDER:
William Smith, Board Member
AYES:
Adams, Hackney, Cannon, Briggs, Smith, Barfield, Rivenbark, Waddell, Zapple
EXCUSED:
Corder, Norris
2. $400,000 Engineering Contract with WithersRavenel, Inc. for Water Service Connections
Pursuant to the Water Connection Reimbursement Agreement with The Chemours
Company FC, LLC
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Charlie Rivenbark, Councilman
SECONDER:
William Smith, Board Member
AYES:
Adams, Hackney, Cannon, Briggs, Smith, Barfield, Rivenbark, Waddell, Zapple
EXCUSED:
Corder, Norris
3. Authorization to Sell 1998 Gradall 524D-3S Telehandler through GovDeals
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Charlie Rivenbark, Councilman
SECONDER:
William Smith, Board Member
AYES:
Adams, Hackney, Cannon, Briggs, Smith, Barfield, Rivenbark, Waddell, Zapple
EXCUSED:
Corder, Norris
4. $1,221,092.29 Design -Build Guaranteed Maximum Price contract for Pine Valley
Construction Company, LLC. for the repairs and renovation of CFPUA's administration
107 n 11141 a
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Charlie Rivenbark, Councilman
SECONDER:
William Smith, Board Member
AYES:
Adams, Hackney, Cannon, Briggs, Smith, Barfield, Rivenbark, Waddell, Zapple
EXCUSED:
Corder, Norris
5. Ordinance Appropriating Transfers to the 235 Government Center Dr. Rehab Project
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Charlie Rivenbark, Councilman
SECONDER:
William Smith, Board Member
AYES:
Adams, Hackney, Cannon, Briggs, Smith, Barfield, Rivenbark, Waddell, Zapple
EXCUSED:
Corder, Norris
6. $264,399.29 contract to purchase furniture for CFPUA's administration building.
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Minutes
Authority Board March 13, 2024
Staff answered questions regarding the furniture contract and the upgrades to offices.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Charlie Rivenbark, Councilman
SECONDER:
William Smith, Board Member
AYES:
Adams, Hackney, Cannon, Briggs, Smith, Barfield, Rivenbark, Waddell, Zapple
EXCUSED:
Corder, Norris
VIII. NEW BUSINESS
A. Administrative Reports
i. Attorney's Report
ii. Executive Director's Report
Mr. Waldroup invited Board members to the Annual Employee Years of Service Awards
Breakfast. The breakfast will be held Friday, April 5, from 7-10 AM at UNC-W.
1. Key Indicators
Mr. McLean answered questions regarding customer service and financial data in
the report.
Dr. Cannon requested a brief update on affordability measures. Mr. McLean
reported that affordability is defined as what percentage of income a customer
pays for water and sewer services. The comparison data is specific for New
Hanover County, with the most recent self-sufficiency income being $60,000 and
the median income being $62,000. He answered questions regarding the
affordability metric and the sources of data.
Mr. Waldroup reported that water and sewer utilities support continued funding
of the Federal Low Income Household Water Assistance Program (LIHWAP).
North Carolina was one of the states that made best use of the funding during
the pandemic. He has an upcoming trip to Washington to discuss LIHWAP with
our delegation staff.
Mr. Waldroup reported that CFPUA is cooperating with WaterWay NC to develop
a pilot program that can help to address chronic need for water -sewer bill
assistance. The program would provide recurring assistance instead of waiting
until a customer was facing their water being shut off.
Caj.')e Fear Public Utility Authority Page
Minutes
Authority Board March 13, 2024
Mr. Waldroup thanked City and County Board members for the support of their
governing bodies in providing funding for customer assistance through DHHS.
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RESULT: REVIEWED
2. Safety Report
RESULT: REVIEWED
3. Environmental Report
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RESULT: REVIEWED
4. Strategic Plan Update
Mr. Waldroup reported that CFPUA has engaged a consultant to support the DEI
directive from the Board's Strategic Plan. The consultant will work with Ms.
Claypool and an internal team. Workshops are being scheduled for April 25-26,
and Board members will be invited to attend a session.
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RESULT: REVIEWED
B. Committee Reports
i. Executive Committee
1. Executive Committee - Regular- Mar 6, 2024 10:00 AM
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RESULT: NO ACTION REQUIRED
ii. Long Range Planning Committee
1. Long Range Planning Committee - Regular- Feb 26, 2024 10:30 PM
RESULT: NO ACTION REQUIRED
2. FY-2025 and 10-year DRAFT Capital Improvements Plan
The FY25 capital improvements plan was reviewed in a separate workshop
following the Board meeting.
Caj.,)e Fear Public Utility Authority Page
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Authority Board March 13, 2024
RESULT: REVIEWED Next: 3/13/202410:30 AM
3. Prioritization of Water Main Extensions to Private Wells Funded by $18 million
Special Appropriation
Mr. McSmith presented the item. In 2023, the General Assembly appropriated
$18 million for drinking water extensions for unserved communities in New
Hanover County with wells impacted by PFAS. Impacted wells are located in
several areas of the County, with varying degrees of PFAS and/or GenX. The $18
million appropriation is not sufficient to connect all unserved communities in the
County. DEQ's Division of Water Infrastructure administers the funds. Staff
recommends following a scoring method used by DEQ for the bipartisan
infrastructure law's emerging contaminants project funding. The established
methodology considers health -based scores and disadvantaged communities.
Using the DEQ methodology, staff recommends the extension of water service to
the Rock Hill, Chair Road, Oakley, and Alandale communities. Project funding
will cover engineering and construction costs, all connection fees and system
development charges. Customers will be responsible for their monthly water
bills.
In North Carolina, local governments cannot require connection to water mains
unless property is located in an area where the drinking water well is
contaminated or likely to become contaminated. Staff will develop a public
education program to explain the project, the funding, and to encourage
property owners to connect. Staff recommended exploring the possibility of an
interlocal agreement with the County requiring mandatory connections for
properties with wells contaminated by PFAS. That would require a
determination by the County Health Director that wells are contaminated or
likely to become contaminated.
For some properties with levels of well contamination covered under the State's
Consent Order with Chemours that are adjacent to CFPUA water mains,
Chemours will pay for connection to CFPUA's system.
The County has funded a prioritization study for both water and sewer
expansion. Once completed, staff can utilize it for further prioritization of
projects.
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Minutes
Authority Board March 13, 2024
Board members discussed the limitations created by CFPUA's inability to require
connection for water. Staff presented options to lessen the risks of spending the
funds should the County not pursue a declaration of contamination. As part of
an education program in the project communities, staff could request a
commitment from owners to connect. The Board could set a threshold number
of properties to connect, and if that number is not met, staff can re -prioritize the
project and funding.
Mr. Barfield moved to proceed with the projects using staff's recommendations.
Mr. Smith seconded the motion. Following additional discussion, Ms. Adams
called the question, and it passed unanimously. Ms. Adams recognized
members of the Rock Hill community who had attended the meeting. She
thanked them for their support and advocacy and encouraged them to connect
with their neighbors to explain the project and the advantages of connection to
the system.
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RESULT: REVIEWED
iii. Finance Committee
1. Finance Committee - Regular- Mar 6, 2024 9:00 AM
RESULT: NO ACTION REQUIRED
2. Monthly Financials
Mr. McLean presented the monthly financial data. The unassigned fund balance
is $42 million.
Mr. McLean presented the budget calendar for the fiscal year beginning July 1,
2024. Staff will report on budget drivers at the April 10 meeting, and the budget
workshop will be held April 16. The FY25 Budget hearing will be held at the May
8 Authority meeting. Mr. Waldroup added that staff anticipates bringing the
budget to the Board for adoption in May.
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RESULT: REVIEWED
iv. Sustainability Committee
The Committee did not meet in February.
IX. OLD BUSINESS
There was no old business.
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Authority Board March 13, 2024
X. AUTHORITY Q & A/CLOSING COMMENTS
There were no additional comments or questions.
XI. CLOSED SESSION
Mr. Rivenbark moved to enter closed session to discuss a personnel matter. Mr. Briggs
seconded the motion, and it passed unanimously. The Board entered a brief recess at 10:25
AM and returned for closed session at 10:35 AM.
Following a report from the Chair, Mr. Rivenbark moved to return to open session. Mr. Briggs
seconded the motion, and it passed unanimously. The Board returned to open session at 10:55
AM.
Mr. Barfield moved to appoint Ms. Fulton as Interim Attorney for the Board, effective
immediately, with a 10 percent increase in salary. Mr. Briggs seconded the motion, and it
passed unanimously.
XII. ADJOURNMENT
Mr. Smith moved to adjourn. Mr. Rivenbark seconded the motion, and passed unanimously.
The Board adjourned at 10:56 AM.
The next regular Cape Fear Public Utility Authority meeting will be Wednesday, April 10, 2024,
beginning at 9:00 AM. The Board will meet in Rooms 138-139 in the New Hanover County
Administration Building, 235 Government Center Drive, Wilmington, North Carolina.
Respectfully submitted,
Donna S. Pope
Clerk to the Board
Caj.')e Fear Public Utility Authority Page