HomeMy WebLinkAbout2024-06-19 MinutesCAPE FEAR PUBLIC UTILITY AUTHORITY
AUTHORITY BOARD
MINUTES
JUNE 19, 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. Barfield moved
to excuse Messrs. Corder and Norris. Mr. Smith seconded the motion, and it passed
unanimously. Mr. Corder arrived at 9:05 AM.
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 Utility
Waldroup
Authority
Nicolette Fulton
Cape Fear Public Utility
Authority
Cal.,)e Fear Public Utility Authority
Title
Chair
Vice Chair
Secretary
Treasurer
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Board Member
Executive Director
Deputy Attorney
Status Arrived
Present
Present
Present
Present
Excused
Present
Present
Present
Present
Present
Present
Present
Present
Pape I
Minutes Authority Board June 19, 2024
Beth Eckert
Cape Fear Public Utility
Authority
John McLean
Cape Fear Public Utility
Authority
Lori McKoy
Cape Fear Public Utility
Authority
Julia Vosnock
Cape Fear Public Utility
Faircloth
Authority
Jeff Adkins
HDR
Brian Murray
Town of Wrightsville
Beach, NC
Sherry Brooks
Cape Fear Public Utility
Authority
Elizabeth Severt
Cape Fear Public Utility
Authority
Makeba Robinson
Cape Fear Public Utility
Authority
Ethan Walters
Cape Fear Public Utility
Authority
Jill Deaney
Cape Fear Public Utility
Authority
Matt Hypes
Cape Fear Public Utility
Authority
Matthew Tribett
Cape Fear Public Utility
Authority
Kelsey Ellis
Cape Fear Public Utility
Authority
Deborah Leonard
Cape Fear Public Utility
Authority
Ben Guerrieri
Cape Fear Public Utility
Authority
George House
Brooks, Pierce law firm
Alexander Elkan
Brooks, Pierce law firm
Judy Lawton
Cape Fear Public Utility
Authority
Donna S. Pope
Cape Fear Public Utility
Authority
Deputy Executive Dir. Enviro Mgt & Present
Sustainability
Chief Financial Officer Present
Human Resources Director Present
Deputy Chief Financial Officer
Present
Engineer
Present
CFO
Present
Human Resources
Present
Strategy & Performance Manager
Present
Compliance Coordinator & Deputy
Present
Clerk
Strategy & Performance
Present
Environmental Management &
Present
Sustainability
Engineering Manager
Present
Assistant Operations Director
Present
Strategy & Perfomance Fellow
Present
Human Resources
Present
Procurement / Budget Manager
Present
Present
Present
Executive Assistant & Deputy Clerk Present
Clerk/Executive Secretary to the Present
Board
III. ADOPTION OF AGENDA
IV. APPROVAL OF MINUTES
1. Authority Board -Regular Meeting -May 8, 2024 9:00 AM
Cal.,)e Fear Public Utility Authority Page 2
Minutes Authority Board June 19, 2024
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Luke Waddell, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
2. Authority Board -Special -May 23, 2024, 9:00 AM
RESULT:
ACCEPTED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Luke Waddell, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
V. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER
There were no speakers.
VI. CONSENT AGENDA
Mr. Zapple requested that Items 5 and 9 be withdrawn from Consent for questions, and Mr.
Smith requested the same for Item 7. Mr. Zapple moved to approve Items 1, 2, 3, 4, 6, 8, and
10. Mr. Rivenbark seconded the motion, and it passed unanimously.
1. Authorization for Design -Build Procurement -Water Mains to PFAS Contaminated Private
Wells Project
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Charlie Rivenbark, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
2. Authorization for the Executive Director to Execute a $300,000 Contract Amendment
with Hazen Engineering for the Water System Master Plan to Prioritized Extension of
Water Mains to Areas with Private Wells Contaminated by PFAS
Caj.')e Fear Public Utility Authority Page
Minutes Authority Board June 19, 2024
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Charlie Rivenbark, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
3. Authorization for the Executive Director to Execute a $150,000 Contract Amendment
with Carollo Engineering for the Wastewater Master Plan to Prioritized Extension of
Sewer Mains to Areas with Septic Tanks
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Charlie Rivenbark, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
4. $2,621,000 contract amendment with Calgon Carbon Corporation for carbon media
reactivation and replacement service.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Charlie Rivenbark, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
5. Resolution Accepting Loan Funding Offer for the Walnut Street Pump Station (PS-9)
Replacement
Ms. Vosnock Faircloth and Mr. Hypes answered funding questions regarding the item.
Mr. Zapple moved to approve. Mr. Rivenbark seconded the motion, and it passed
unanimously.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Charlie Rivenbark, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
6. Lab Testing Contracts
Caj.')e Fear Public Utility Authority Page 4
Minutes Authority Board June 19, 2024
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Charlie Rivenbark, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
7. $875,000 Contract with RDL Private Utility Locating, LLC for Underground Utility
Locating Services
Mr. Tribbett answered questions regarding the bids and using contract workers for
locates. Mr. Waldroup added that the winning company specializes in utility locates.
Mr. Smith moved to approve the item. Mr. Rivenbark seconded the motion, and it
passed unanimously.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
William Smith, Board Member
SECONDER:
Charlie Rivenbark, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
8. Write- Offs
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Charlie Rivenbark, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
9. Resolution Appointing Deputy Finance Officer
Mr. Zapple recognized Ms. Vosnock Faircloth and commended her work. He moved to
approve the appointment. Mr. Waddell seconded the motion, and it passed
unanimously.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Luke Waddell, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
10. Resolution Raising the Micro -Purchase Threshold FY 25
Caj.')e Fear Public Utility Authority Page
Minutes Authority Board June 19, 2024
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Rob Zapple, Board Member
SECONDER:
Charlie Rivenbark, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark, Waddell,
Zapple
EXCUSED:
Norris
VII. NEW BUSINESS
A. Administrative Reports
i. Attorney's Report
ii. Executive Director's Report
1. Key Indicators Report
Mr. Waldroup answered questions regarding a decrease in permits and requests
for information.
Mr. Zapple noted that low employee vacancy rates indicate good staffing levels.
RSULT: REVIEWED
2. Safety Report
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..............
RSULT: REVIEWED
3. Environmental Report
RSULT: REVIEWED
4. Strategic Plan Update
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..............
RSULT: REVIEWED
5. FY24 CIP Quarterly Status Report 3rd Quarter
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..............
RSULT: REVIEWED
6. Utility Consolidation Agreement with the Town of Wrightsville Beach
Cal.,)e Fear Public Utility Authority Page
Minutes Authority Board June 19, 2024
Mr. Waldroup introduced Mr. Adkins to report on the interlocal agreement with
the Town of Wrightsville Beach. He recognized Mr. Murray, the Town's Chief
Financial Officer, and he thanked Ms. Fulton for her work on the agreement.
Mr. Adkins provided an overview of the process used for the consolidation study.
The study began in October 2022 and was completed in January 2024.
Considerations focused on capital improvements for the Town water and sewer
system, organizational and operational items that included Town employees
transferring to CFPUA, and development of a financial pro forma model.
The preliminary capital improvement budget is $24 million, with implementation
of the improvements over five to ten years.
The financial pro forma model considered capital and equipment costs, the
Town's payment of System Development Charges to CFPUA in the amount of
$13.048 million, and the costs for CFPUA to serve the Town's customers. Town
customers will be billed CFPUA's rates and fees. CFPUA will receive cash
transfers in the amount of $35.6 million from the Town, and the Town will assign
any settlement proceeds from its Chemours lawsuit to CFPUA. The agreement
includes a pro -rated credit so that CFPUA will recover the costs future capital
projects from Town customers and CFPUA's existing customers do not subsidize
the consolidation. During the cost -recovery period, CFPUA will have one water
and sewer system with two service areas. The Town will transfer real property,
easements, encroachments, and fixed assets for water and sewer to CFPUA.
Transferred property that is not used for water or sewer purposes will revert to
the Town. CFPUA will operate the Town's wells until key projects and
interconnections are completed and may retain the wells as a long-term tool for
future water supply resiliency.
The Town has seven budgeted employee positions in its water and sewer
section. They will be eligible to transfer to CFPUA with no loss of pay, leave
balances, or years in the local government retirement system.
In addition, in FY2024, the General Assembly appropriated $17 million to CFPUA
and $8 million to the Town of Wrightsville Beach to support the consolidation.
That funding will be reimbursement for actual costs associated with the
consolidation.
Caj.')e Fear Public Utility Authority Page 7
Minutes Authority Board June 19, 2024
By state law, the consolidation agreement must be approved by the Local
Government Commission. Under the terms of CFPUA's creation by the City of
Wilmington and New Hanover County, the City and County Chief Engineers must
provide technical review and approve the consolidation. The target transfer
date from the Town to CFPUA is September 30, 2025. Matt Tribett will serve as
CFPUA's consolidation project manager.
Following Mr. Adkins' report, Mr. Waldroup requested approval of the
consolidation agreement as a staff and Board liaison recommendation,
contingent upon approval by the Town of Wrightsville Beach, the City and
County Engineers, and the Local Government Commission.
Mr. Rivenbark thanked Messrs. Hackney and Sneeden for their work and
dedication representing CFPUA during the consolidation. Dr. Cannon noted the
monetary contribution of the state to the consolidation.
Board members asked Messrs. Adkins and Waldroup questions regarding fees
and charges to the Town and its customers, transferring employees, and water
quality of the Town's wells. Following questions, comments, and discussion, Mr.
Rivenbark moved to approve the agreement. Mr. Briggs seconded the motion,
and it passed unanimously.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Charlie Rivenbark, Board Member
SECONDER:
Hollis Briggs, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark,
Waddell, Zapple
EXCUSED:
Norris
7. Datacenter Equipment Enterprise Licensing Agreement
Mr. Ellison presented the item and answered questions
members. Mr. Rivenbark moved to approve the agreement
seconded the motion, and it passed unanimously.
from Authority
. Mr. Waddell
Caj.')e Fear Public Utility Authority Page
Minutes Authority Board June 19, 2024
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Charlie Rivenbark, Board Member
SECONDER:
Luke Waddell, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark,
Waddell, Zapple
EXCUSED:
Norris
8. Ordinance Appropriating Rent Abatement Proceeds to the 235 Government
Center Drive Rehab Project
Ms. Vosnock Faircloth presented the item. Mr. Rivenbark moved to adopt the
budget ordinance. Mr. Zapple seconded the motion, and it passed unanimously.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Charlie Rivenbark, Board Member
SECONDER:
Rob Zapple, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark,
Waddell, Zapple
EXCUSED:
Norris
9. Recommendation to Cancel the July Board Meeting
Ms. Pope presented the item. Mr. Briggs moved to cancel the July 3 Finance and
Executive Committee meetings and the July 10 Board meeting. Mr. Waddell
seconded the motion, and it passed unanimously.
Ms. Adams reported that she and Messrs. Waddell and Zapple will serve as the
Fiscal Year Nominating Committee. She requested that Board members let one
of them know if they wish to serve as an officer or if they wish to join a different
Board Committee.
RESULT:
APPROVED [UNANIMOUS]
MOVER:
Hollis Briggs, Board Member
SECONDER:
Luke Waddell, Board Member
AYES:
Adams, Hackney, Cannon, Corder, Briggs, Smith, Barfield, Rivenbark,
Waddell, Zapple
EXCUSED:
Norris
B. Committee Reports
i. Executive Committee
1. Executive Committee -Regular -Jun 5, 2024, 10:00 AM
Caj.')e Fear Public Utility Authority Page
Minutes Authority Board June 19, 2024
RESULT: NO ACTION REQUIRED
ii. Long Range Planning Committee
The Committee did not meet in May.
iii. Finance Committee
1. Finance Committee -Regular -Jun 5, 2024, 9:00 AM
.. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: NO ACTION REQUIRED
2. Monthly Financials
Ms. Vosnock Faircloth presented the April and May financial data. She and Mr.
McLean answered questions regarding cash reserves being lower than budgeted.
.. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: REVIEWED
iv. Sustainability Committee
The Committee did not meet in May.
VIII.OLD BUSINESS
IX. AUTHORITY Q & A/CLOSING COMMENTS
There were no further questions or comments.
X. CLOSED SESSION
Mr. Smith moved to enter closed session to discuss contract negotiations, a potential claim, and
CFPUA v. Chemours and DuPont. Mr. Corder seconded the motion, and it passed unanimously.
The meeting recessed for ten minutes and entered closed session at 10:10 AM. The Board
received a report from Ms. Fulton and Messrs. House, Elkan, and Waldroup.
Mr. Rivenbark left the meeting at 10:35 AM. The Board returned to open session at 11:14 AM.
Mr. Waddell moved to approve an agreement for sewer capacity allocation for a period not to
exceed ten years to Trask Properties in exchange for a utility easement. Mr. Corder seconded
the motion, and it passed unanimously.
XI. ADJOURNMENT
Mr. Waddell moved to adjourn. Mr. Corder seconded the motion, and it passed unanimously.
The meeting adjourned at 11:15 AM.
Caj.')e Fear Public Utility Authority Page 10
Minutes Authority Board June 19, 2024
The next regular meeting of the Cape Fear Public Utility Authority will be Wednesday, August
14, 2024. The Board will meet in Rooms 138 and 139, New Hanover County Administration
Building, 230 Government Center Drive, Wilmington, North Carolina.
Respectfully submitted,
Donna S. Pope
Clerk to the Board
Caj.')e Fear Public Utility Authority Page II