HomeMy WebLinkAbout2023-01-11 Minutes CAPE FEAR PUBLIC UTILITY AUTHORITY
AUTHORITY BOARD
MINUTES
JANUARY 11, 2023
Lucie Harrell Conference Room Regular Meeting 9:00 AM
230 GOVERNMENT CENTER DRIVE
WILMINGTON, NC 28403
I. CALL TO ORDER
II. DETERMINATION OF A QUORUM
Ms. Adams called the meeting to order at 9:00 AM with a quorum present. Mr. Norris moved
to excuse Mr. Corder. Mr. Rivenbark seconded the motion, and it passed unanimously.
Attendee Name Organization Title Status Arrived
Jennifer Adams Cape Fear Public Utility Chair Present
Authority
Wesley Corder Cape Fear Public Utility Vice-Chair Excused
Authority
Jessica Cannon Cape Fear Public Utility Secretary Present
Authority
William Norris Cape Fear Public Utility Treasurer Present
Authority
Deans Hackney Cape Fear Public Utility Board Member Present
Authority
Hollis Briggs Cape Fear Public Utility Board Member Present
Authority
Larry Sneeden 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
Kenneth Waldroup Cape Fear Public Utility Executive Director Present
Authority
Linda Miles Cape Fear Public Utility CFPUA Consulting Attorney Present
Authority
Carel Vandermeyden Cape Fear Public Utility Deputy Executive Director Present
Authority
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Minutes Authority Board January 11, 2023
Frank Styers Cape Fear Public Utility Deputy Executive Director Present
Authority
Beth Eckert Cape Fear Public Utility Director of EMD Present
Authority
John McLean Cape Fear Public Utility Chief Financial Officer Present
Authority
Lori McKoy Cape Fear Public Utility Human Resources Director Present
Authority
Elizabeth Severt Cape Fear Public Utility Strategy& Performance Present
Authority Manager
Nicolette Fulton Cape Fear Public Utility Deputy Attorney Present
Authority
Judy Lawton Cape Fear Public Utility Executive Assistant Present
Authority
Donna S. Pope Cape Fear Public Utility Clerk/Executive Secretary to the Present
Authority Board
Janice Gaines& Rockhill Community Present
Others
III. ADOPTION OF AGENDA
Mr. Rivenbark moved to adopt the day's Agenda. Mr. Zapple seconded the motion, and it
passed unanimously.
IV. APPROVAL OF MINUTES
1. Authority Board - Regular Meeting - Dec 14, 2022 9:00 AM
....... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
RESULT: ACCEPTED[UNANIMOUS]
MOVER: Larry Sneeden, Board Member
SECONDER: Deans Hackney, Board Member
AYES: Adams,Cannon, Norris,Hackney, Briggs,Sneeden, Barfield, Rivenbark,Waddell,
Zapple
EXCUSED: Corder
V. PUBLIC COMMENTS -4 MINUTE LIMIT PER SPEAKER
There were no speakers. Rockhill Community members were present to observe and answer
questions if there were any for them.
VI. CONSENT AGENDA
1. $3,241,475 Carolina Civilworks Contract Award for Market Street and Porters Neck Road
Sewer Improvements
Mr. Styers presented the item and showed the project area on an overhead map.
Portions of Market Street will be closed for eight weeks with traffic re-routed for Porters
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Minutes Authority Board January 11, 2023
Neck Road and the shopping center at the southeast intersection of the two roads. Mr.
Styers explained the improvements that will be made to the sewer system as part of the
project. The work should begin within three weeks. Following clarification questions,
Mr. Rivenbark moved to approve the item. Mr. Norris seconded the motion, and it
passed unanimously.
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RESULT: APPROVED[UNANIMOUS]
MOVER: Charlie Rivenbark,Councilman
SECONDER: William Norris,Treasurer
AYES: Adams,Cannon, Norris,Hackney, Briggs,Sneeden, Barfield, Rivenbark,Waddell,
Zapple
EXCUSED: Corder
2. $131,400 McKim & Creed Amendment # 3 for Market Street and Porters Neck Road
Sewer Improvements
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RESULT: APPROVED[UNANIMOUS]
MOVER: William Norris,Treasurer
SECONDER: Charlie Rivenbark,Councilman
AYES: Adams,Cannon, Norris,Hackney, Briggs,Sneeden, Barfield, Rivenbark,Waddell,
Zapple
EXCUSED: Corder
3. $820,500 Consultant Contract with W.K. Dickson for the Sidbury and Greenview Force
Mains Project
....... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
RESULT: APPROVED[UNANIMOUS]
MOVER: Charlie Rivenbark,Councilman
SECONDER: Rob Zapple,Commissioner
AYES: Adams,Cannon, Norris,Hackney, Briggs,Sneeden, Barfield, Rivenbark,Waddell,
Zapple
EXCUSED: Corder
4. $141,200 McKim & Creed Contract Amendment #2 for Northern Pump Station and
Force Main Design Phase A
....... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
RESULT: APPROVED[UNANIMOUS]
MOVER: Charlie Rivenbark,Councilman
SECONDER: Rob Zapple,Commissioner
AYES: Adams,Cannon, Norris,Hackney, Briggs,Sneeden, Barfield, Rivenbark,Waddell,
Zapple
EXCUSED: Corder
VII. NEW BUSINESS
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Minutes Authority Board January 11, 2023
A. Administrative Reports
i. Attorney's Report
Ms. Miles did not have a report and did not require a closed session.
ii. Executive Director's Report
Mr. Waldroup reported that staff will participate in the Martin Luther King,Jr. parade on
January 16. He invited Board members to participate.
1. Key Indicators Report
Mr. Vandermeyden answered questions regarding flow diversion between the
two wastewater treatment plans. Mr. Waldroup updated the Board on new
meter sets and accommodations staff has made in light of supply chain issues for
new meters. CFPUA is waiting for 1,400 meters that were ordered in June 2021.
RESULT. REVIEWED
2. Safety Report
RESULT. REVIEWED
3. Environmental Report
RESULT. REVIEWED
4. Strategic Plan Update
RESULT. REVIEWED
5. Rock Hill Community
Mr. Waldroup summarized the growth policy the Board adopted in 2013. The
policy was developed following several months of staff and Board study and
included Board workshops and stakeholder input. The policy included growth
through development ("growth pays for growth"), growth through partnerships
with other governmental units such as the County or City, and expansion into
existing neighborhoods. CFPUA partnered with New Hanover County to add the
Heritage Park community to both water and sewer and the Marquis Hills
neighborhood to sewer.
The 2013 policy incorporated CFPUA's ordinance for a petition process whereby
communities could request service. CFPUA could then require property owners
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Minutes Authority Board January 11, 2023
to connect to water and/or sewer and pay the associated charges. In 2015, the
legislature eliminated mandatory customer connection for water projects.
CFPUA may still mandate connection for sewer projects.
The 2013 policy included a calculation called the Debt Recovery Allowance (DRA)
which could be used to determine how much funding CFPUA could contribute to
a project without raising rates. Pursuant to legislative changes in 2017 that
defined the methodology for calculating System Development Charges (SDCs),
the DRA is no longer a viable method that CFPUA can use to calculate funds.
The s.e._e .t SDC methodologyaddresses "buy-in" into
existing infrastructure and t„q at.......i5.. :t.Ii.p ......does not allow for calculations for
future, projected infrastructure. CFPUA converted to the "buy-in" SDC
calculation before it became state law.
In recent months, New Hanover County property owners whose wells have been
tested by Chemours' contractors under the state Consent Order have requested
service from CFPUA. This includes the Rockhill Road community, members of
which attended the November Board meeting to request assistance from CFPUA
and/or the County. Among other remedies for PFAS contamination, the Consent
Order allows for Chemours to fund connection to a public water supply. The
Consent Order sets a cost limit per customer for such connections. The Consent
Order does not authorize remedies for PFAS that are detectable but fall beneath
2r 0L.1tside o E the thresholds identified in the Consent Order.
Mr. Waldroup reported that staff believes the 2013 growth policy needs to be
revised. The DRA is no longer a viable calculation to use in determining
.pa e.i].:t.i.a„N 9 @++4 rate impacts. The statutory restriction against mandatory
connection for water greatly limits CFPUA's ability to recover costs of expansion.
Staff recommended the following actions:
1. Send the 2013 Growth Policy to the Long Range Planning and Finance
Committees for study and recommendations, holding a future Board workshop
with policy revisions as the topic;
2. Explore partnerships with the County and/or City for growth projects;
and
3. Pursue grants such as the State Revolving Fund monies to support growth
projects.
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Minutes Authority Board January 11, 2023
Redefining the DRA could be a component of a revised growth policy and could
help determine if or how CFPUA could fund projects or a portion thereof. All the
recommendations could support a new policy that would include requests for
service from existing neighborhoods, in addition to refining other types of
growth projects and their funding.
Mr. Waldroup reported that CFPUA did not receive grant funding in 2022 for
expansion projects but has re-applied for State Revolving Fund grants including
PFAS contamination data. One of those applications was in the Rockhill area of
the County.
Board members briefly discussed the State's 2018 Consent Order with Chemours
and changing technology that allow for more precise measurements of PFAS
since that time. They discussed ways in which CFPUA could assist residents in
addressing PFAS quickly and cost effectively, and Mr. Waldroup reported that
staff and legal counsel would study options suggested by Board members.
Messrs. Barfield and Zapple supported County participation in service expansions
within the unincorporated areas of New Hanover County. Mr. Barfield reminded
the Board and staff that the Marquis Hills and Heritage Park projects were
addressed as public health issues and he and citizens believe that PFAS
contamination is a public health issue. Mr. Barfield encouraged CFPUA to take a
pro-active stance in addressing such issues and added that some communities
could be connected to existing infrastructure. Mr. Waldroup reported that he
has met with the County Manager and that Health Department staff has been
informed of the situation.
Board members supported revising and refining the 2013 Growth Policy and
directed staff to expedite the process of committee review. Ms. Adams and Mr.
Hackney suggested a monthly update to the Board, similar to the consolidation
study update.
Following discussion, Mr. Norris moved to remand the growth policy, first to the
Long Range Planning Committee and then the Finance Committee. Mr.
Rivenbark seconded the motion, and it passed unanimously. Mr. Sneeden
requested that community members interested in water and sewer services be
kept informed of progress on the policy.
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Minutes Authority Board January 11, 2023
RESULT: REVIEWED Next: 1/26/2023 3:00 PM
B. Committee Reports
i. Executive Committee
1. Executive Committee - Regular-Jan 4, 2023 10:00 AM
RESULT. NO ACTION REQUIRED
ii. Long Range Planning Committee
The Committee did not meet in December.
iii. Finance Committee
1. Finance Committee - Regular Meeting-Jan 4, 2023 9:00 AM
RESULT. NO ACTION REQUIRED
2. Monthly Financials
Mr. McLean presented the monthly financial data. With 50 percent of the fiscal
year finished on December 31, revenues are at 52.56 percent. The unassigned
fund balance is $49,872,840.
Mr. McLean reported that staff has begun preliminary preparation for the
FY2024 budget, for the fiscal year beginning July 1, 2023. Mr. Waldroup added
that staff is continually developing and refining capital projects within the ten-
year CIP. Capital investments are a critical component of the budget and rates.
RESULT. REVIEWED
3. Data Management RFQ
RESULT. REVIEWED
4. WIFIA Funding for SSWWTP Replacement
RESULT. REVIEWED
iv. Sustainability Committee
1. Sustainability Committee - Regular- Dec 7, 2022 11:00 AM
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Minutes Authority Board January 11, 2023
RESULT: NO ACTION REQUIRED
2. Defining Affordability Outcomes and Metrics
Mr. McLean presented the item. The Committee has been studying affordability
for several months. There is no commonly-accepted standard setting an
affordability standards for water and sewer utilities. The traditional method used
by utilities, including CFPUA, is to measure the affordability of rates against the
median household income. Staff has developed a more granular methodology
using census tract data specific to our community. This allows for affordability to
be measured against the income for different communities through census
tracts. In general, customers in lower-income census tracts receive bills that are
a greater percentage of income compared to higher-income areas, even when
they use less water.
Using Wilmington and New Hanover County census tract data, staff has
identified 1.7 percent of income as CFPUA's affordability metric. That amount
represents$1.1 million in revenues annually.
Staff and the Sustainability Committee have posed the question of how to close
the revenue gap of $1.1 million and make water and sewer more affordable for
our customers. Using an increasing block or tier rate structure is one
component. Increasing block rates allow for equitable cost allocation because
CFPUA must build infrastructure and rates to provide for peak usage. Another
valuable component is to develop a well-funded and effective customer
assistance program expanded beyond the current assistance model.
Board members discussed CFPUA's agreement with the City for stormwater and
solid waste billing. They acknowledged that CFPUA does not have input into or
control over City fees. Mr. Rivenbark reported that the City analyzes its fees and
charges during its budget process and makes every effort to keep them
affordable and reduce overhead where possible. Dr. Cannon supported opening
a discussion with the City about accepting partial payments in order to keep
water turned on for customers.
RESULT. REVIEWED
v. Communications Committee
1. Communications Committee - Regular- Dec 14, 2022 10:30 AM
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Minutes Authority Board January 11, 2023
RESULT: NO ACTION REQUIRED
2. Funding for Customer Satisfaction Survey
RESULT. NO ACTION REQUIRED
C. Consolidation Study Update
1. Consolidation Study
Mr. Hackney reported that the Wrightsville Beach infrastructure review and analysis
is nearing completion. Mr. Waldroup suggested that the Board might wish to have a
workshop to discuss consolidation issues at a future date.
RESULT. REVIEWED
VIII.OLD BUSINESS
There was no old business.
IX. AUTHORITY Q& A/CLOSING COMMENTS
Ms. Bellamy and Mr. Hagerty reported that the 2023 Student Art calendar has been very
popular among customers and is in its third printing. Ms. Adams thanked staff for the calendar
initiative.
X. CLOSED SESSION
There was no closed session.
XI. ADJOURNMENT
There was no further business to come before the Authority, and Mr. Norris moved to adjourn.
Mr. Rivenbark seconded the motion, and it passed unanimously. The meeting adjourned at
10:17 AM. The next regular Authority meeting will be Wednesday, February 8, 2023. The
Board will meet at 9:00 AM in the 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