HomeMy WebLinkAbout2024-04-10 MinutesCAPE FEAR PUBLIC UTILITY AUTHORITY
AUTHORITY BOARD
MINUTES
APRIL 10, 2024
Room 139 Regular Meeting 9:00 AM
230 GOVERNMENT CENTER DRIVE
WILMINGTON, NC 28403
I. CALL TO ORDER
Ms. Adams called the meeting to order at 9:00 AM with all members present.
II. DETERMINATION OF A QUORUM
Attendee Name
Organization
Title
Status Arrived
Jennifer Adams
Cape Fear Public Utility
Chair
Present
Authority
Deans Hackney
Cape Fear Public Utility
Vice Chair
Present
Authority
Jessica Cannon
Cape Fear Public Utility
Secretary
Present
Authority
Wesley Corder
Cape Fear Public Utility
Treasurer
Present
Authority
William Norris
Cape Fear Public Utility
Board Member
Present
Authority
Hollis Briggs
Cape Fear Public Utility
Board Member
Present
Authority
William Smith
Cape Fear Public Utility
Board Member
Present
Authority
Jonathan Barfield
Cape Fear Public Utility
Commissioner
Present
Authority
Charlie Rivenbark
Cape Fear Public Utility
Councilman
Present
Authority
Luke Waddell
Cape Fear Public Utility
Councilman
Present
Authority
Rob Zapple
Cape Fear Public Utility
Commissioner
Present
Authority
John McLean
Cape Fear Public Utility
Deputy Executive Director - Chief
Present
Authority
Financial Office
Nicolette Fulton
Cape Fear Public Utility
Interim Attorney
Present
Authority
Beth Eckert
Cape Fear Public Utility
Deputy Executive Dir. - Enviro Mgt
Present
Authority
& Sustainabilit
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Minutes Authority Board April 10, 2024
Carel
Cape Fear Public Utility
Deputy Executive Director - Engin. Present
Vandermeyden
Authority
& Treatment
Kristine Irick
Cape Fear Public Utility
Customer Service Director Present
Authority
Lori McKoy
Cape Fear Public Utility
Human Resources Director Present
Authority
Shannon Clayboss
Cape Fear Public Utility
Worforce Development Manager Present
Authority
Cord Ellison Cape Fear Public Utility Chief Information Officer Present
Authority
Cammie Bellamy Cape Fear Public Utility Public Information Officer Present
Authority
Maggie Butler Cape Fear Public Utlility Compliance - EMD Present
Authority
Julia Faircloth
Cape Fear Public Utility
Deputy Chief Financial Officer
Present
Authority
Gary McSmith
Cape Fear Public Utility
Assistant Engineering Director
Present
Authority
Ben Guerrieri
Cape Fear Public Utility
Procurement / Budget Manager
Present
Authority
Deborah Leonard
Cape Fear Public Utility
HR Department
Present
Authority
Judy Lawton
Cape Fear Public Utility
Executive Assistant & Deputy Clerk
Present
Authority
Makeba Robinson Cape Fear Public Utility Compliance Coordinator Present
Authority
Tyler Newman Business Alliance for a Sound President & CEO Present
Economy
Tim Holleman Lower Cape Fear Water & Executive Director Present
Sewer Authority
Donna S. Pope Cape Fear Public Utility Clerk/Executive Secretary to the Present
Authority Board
III. ADOPTION OF AGENDA
Mr. Rivenbark moved to adopt the day's Agenda. Mr. Norris seconded the motion, and it
passed unanimously.
IV. APPROVAL OF MINUTES
1. Authority Board -Regular Meeting -Mar 13, 2024 9:00 AM
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Minutes Authority Board April 10, 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. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER
VI. CONSENT AGENDA
A. No Items
VII. NEW BUSINESS
A. Administrative Reports
i. Attorney's Report
Ms. Fulton had no report for open session.
ii. Executive Director's Report
Mr. McLean reported that Mr. Regan, the Administrator of the Environmental
Protection Agency, is making an announcement this morning regarding MCLs for PFAS.
Mr. Regan will be speaking from the Public Works Commission in Fayetteville. Ms.
Eckert summarized what Mr. Regan is expected to announce.
Mr. McLean reminded Board members of the April 25 workshop with Innolect.
1. Key Indicators
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RESULT: REVIEWED
2. Safety Report
RESULT: REVIEWED
3. Environmental Report
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RESULT: REVIEWED
4. Strategic Plan Update
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Minutes Authority Board April 10, 2024
RESULT: REVIEWED
B. Committee Reports
i. Executive Committee
1. Executive Committee - Regular- Apr 3, 2024 10:00 AM
RESULT: NO ACTION REQUIRED
ii. Long Range Planning Committee
1. Long Range Planning Committee -Regular -Mar 28, 2024 3:00 PM
RESULT: NO ACTION REQUIRED
2. Large Meter Testing Program and Meter Vault Upgrades
RESULT: NO ACTION REQUIRED
3. Cross Connection and Backflow Update
Ms. Eckert presented the item, and she and Ms. Butler answered questions from
Board members. The City adopted a backflow ordinance in 1961, and CFPUA has
enforced backflow prevention throughout the system since assuming operations
in 2008. Backflow prevention is needed to keep contaminants from entering the
public water supply. Irrigations systems and swimming pools are examples of
where a homeowner would need backflow prevention. There are over 16,000
active backflow assemblies on customer properties in CFPUA's current service
area. Approximately 87 percent of those customers are in compliance, obtaining
annual inspections of the backflow prevention assemblies and providing the
results to CFPUA. Between 4-5,000 customers may have backflow assemblies
that require site visits by staff to determine compliance.
Ms. Eckert explained the compliance process and reported that much of the
work is now automated through UMAX software. CFPUA has the authority to
issue civil penalties and to disconnect a customer's water. Responsibility lies
with the customer, but staff will work with them to ensure compliance. While
CFPUA staff does not make individual recommendations for test companies
certified testers are listed on the website, and some of them specialize in
backflow only. Staff frequently removes civil penalties from accounts once the
customer provides documentation of passing inspection. To date, CFPUA has
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Minutes Authority Board April 10, 2024
not disconnected a customer due to non-compliance, but it is an option that
could be exercised in the future.
Board members discussed the backflow testing process and fees charged by
testing companies. They directed Ms. Fulton to research if public utilities can
exercise any control over fees. The Board briefly discussed the possibility of staff
conducting backflow inspections and concluded it would be impractical.
RESULT: REVIEWED
iii. Finance Committee
1. Finance Committee - Regular- Apr 3, 2024 9:00 AM
RESULT: NO ACTION REQUIRED
2. Resolution Authorizing State Loan or Grant Funding for Lead Gooseneck and
Galvanized Water Service Replacement
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Zapple, Commissioner
SECONDER: Luke Waddell, Councilman
AYES: Adams, Hackney, Cannon, Corder, Norris, Briggs, Smith, Barfield,
Rivenbark, Waddell, Zapple
3. Authorize the Executive Director to Amend all Active Cost Recovery Fees and add
the new fees to the Rate and Fee Schedule.
Mr. McLean explained the reasoning for the fee revisions. Staff needed to
change the per bedroom gallon allowance for new development after the
General Assembly revised the capacity allocation formula. The revisions will
apply to contracts where developers are being reimbursed and where CFPUA will
be reimbursed by future connections.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jonathan Barfield, Commissioner
SECONDER: William Smith, Board Member
AYES: Adams, Hackney, Cannon, Corder, Norris, Briggs, Smith, Barfield,
Rivenbark, Waddell, Zapple
4. Bond Reimbursement Resolution - Multiple Projects
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Minutes Authority Board April 10, 2024
RESULT: APPROVED [UNANIMOUS]
MOVER: Jonathan Barfield, Commissioner
SECONDER: Luke Waddell, Councilman
AYES: Adams, Hackney, Cannon, Corder, Norris, Briggs, Smith, Barfield,
Rivenbark, Waddell, Zapple
5. Monthly Financials
Mr. McLean reviewed changes to the regular monthly reports, which were
revised to address Board requests for information and to better reflect monthly
and annual statistics. The unassigned fund balance is $41.2 million. Overall
usage is under budget for the fiscal year, with household use a little behind and
irrigation a little ahead. Lower customer usage can allow CFPUA to stretch out
capacity upgrades to infrastructure.
Mr. McLean explained the debt and investment graphs in the report and
answered clarification questions.
RESULT: REVIEWED
6. Preliminary FY 25 Budget
Mr. McLean presented an overview of the recommended budget for the fiscal
year beginning July 1, 2024. Operating expenses have increased in connection
to PFAS treatment. The budgeted System Development Charges have decreased
because of legislative changes. A positive change is CFPUA's approval of $70
million in Clean Water State Revolving Fund loans for Southside. Debt service on
those loans is not required until the project is complete. The net increase over
last year's projected budget is $2,1 million, or 6.4 percent.
The Human Resources Committee reviewed and endorsed staff's
recommendation for a market or cost of living adjustment of 3 percent and a 3
percent merit pool. Two new positions are included in the budget, a laboratory
supervisor and a utility locator.
Capital improvements have risen from the $267.3 million projected last year to
$326.7 million. Major drivers include construction inflation, the water and sewer
infrastructure projects in partnership with the County to expand the service area
into the northern portion of New Hanover County, grant -funded water mains to
PFAS-contaminated wells, and large meter and valve replacements.
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Minutes Authority Board April 10, 2024
Debt service for Southside is expected to plateau in 2030 instead of 2028, as
projected last year. This can impact rate -smoothing increases that are needed to
fund the project. Mr. McLean presented three options for rate smoothing, as
follows:
1. Continue with four years as projected last year, with 8 percent increases;
2. (a) Rate smoothing over six years, with 4.6 percent for four and 6.5
percent for the last two;
(b) Rate smoothing over six years with 4.6 percent for five and 8.5
percent in the sixth year; or
3. Even rate smoothing of 5.1 percent for six years.
Board members discussed the options and how variables over the next few years
could impact rates. Mr. McLean reported that the third option would present
the least financial risk but that the second option has merit.
A Board budget workshop is scheduled for April 16. The budget hearing will be
held at the May 8 Authority meeting. The Board may adopt the FY25 budget on
that date,but staff has reserved the morning of May 23 for a special meeting
should the Board require more time for consideration.
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RESULT: NO ACTION REQUIRED Next: 4/16/20241:30 PM
iv. Sustainability Committee
The Sustainability Committee did not meet in March.
v. Human Resources Committee
1. Human Resources Committee -Regular -Apr 3, 2024 11:00 AM
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RESULT: NO ACTION REQUIRED
2. Employee Compensation Recommendation FY2025
Mr. Briggs reported that the Committee reviewed the proposed pay
recommendations for inclusion in the FY25 budget.
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RESULT: REVIEWED Next: 4/16/20241:30 PM
3. Human Resources Policy Updates
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Minutes Authority Board April 10, 2024
Mr. Briggs presented the items reviewed and recommended by the Committee.
The shift differential revision is needed to comply with the new payroll and HR
software. Dr. Cannon voted to approve the revision. Mr. Barfield seconded the
motion, and it passed unanimously.
The recruitment policy revisions are needed for legal compliance and to ensure
balanced and fair interviews and recruiting decisions. Mr. Norris moved to
approve the revision. Mr. Smith seconded the motion, and it passed
unanimously.
RESULT: APPROVED [UNANIMOUS]
MOVER: Jessica Cannon, Secretary
SECONDER: Jonathan Barfield, Commissioner
AYES: Adams, Hackney, Cannon, Corder, Norris, Briggs, Smith, Barfield,
Rivenbark, Waddell, Zapple
VIII.OLD BUSINESS
There was no old business.
IX. AUTHORITY Q & A/CLOSING COMMENTS
Mr. Zapple asked what types of programs employees are using for tuition assistance. Ms.
McKoy reported that most are within their fields of work. Some employees seek skills and
education that will qualify them for internal promotions.
X. CLOSED SESSION
Mr. Rivenbark moved to enter closed session to discuss CFPUA v. Chemours and DuPont and a
personnel item. Mr. Norris seconded the motion, and it passed unanimously. The Board
entered closed session at 11:05 AM. The Board received reports from Ms. Fulton and Ms.
McKoy. They provided direction to Ms. McKoy.
XI. ADJOURNMENT
Mr. Barfield moved to return to open session, and Mr. Norris seconded the motion. It passed
unanimously, and the Board returned to open session at 10:24 AM.
Mr. Rivenbark moved to adjourn. Mr. Norris seconded the motion, and it passed unanimously.
The meeting adjourned at 10:25 AM. The next meeting of the Authority will be a Board budget
workshop on April 16. The Board will meet at 1:30 PM is Rooms 138 and 139, New Hanover
County Administration Building, 230 Government Center Drive. The next regular Authority
meeting will be Wednesday, May 8. The Board will meet at 9:00 AM in the same location as the
workshop.
Caj.')e Fear Public Utility Authority Page
Minutes Authority Board April 10, 2024
Respectfully submitted,
Donna S. Pope
Clerk to the Board
Caj.')e Fear Public Utility Authority Page