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2020-09-09 Regular Meeting Minutes CAPE FEAR PUBLIC UTILITY AUTHORITY AUTHORITY BOARD MINUTES SEPTEMBER 9, 2020 Wilmington Convention Center Regular Meeting 9:00 AM 10 CONVENTION CENTER DR. WILMINGTON, NC 28401 I. CALL TO ORDER II. DETERMINATION OF A QUORUM Attendee Name Organization Title Status Arrived Wesley Corder Cape Fear Public Utility Chair Present Authority William Norris 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 Hollis Briggs Cape Fear Public Utility Present Authority Larry Sneeden Cape Fear Public Utility Present Authority Jonathan Barfield 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 Linda Miles Miles Firm, PLLC CFPUA Consulting Attorney Present 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 Cape Fear Public Utility Authority Page 1 MinutesAuthority BoardSeptember 9, 2020 Lindsey Hallock Cape Fear Public Utility Director of Public and Present Authority Environmental Policy Kristine Irick Cape Fear Public Utility Customer Service Director Present Authority Lori McKoy Cape Fear Public Utility Human Resources Director Present Authority Makeba Robinson Cape Fear Public Utility Present Authority Sara Eskew Cape Fear Public Utility Present Authority Cammie Bellamy Cape Fear Public Utility Assistant PIO Present Authority Vaughn Hagerty Cape Fear Public Utility Public Information Officer Present Authority Donna S. Pope Cape Fear Public Utility Clerk/Executive Secretary to the Present Authority Board III. ADOPTION OF AGENDA IV. APPROVAL OF MINUTES 1. Authority Board - Regular Meeting - Aug 12, 2020 9:00 AM RESULT: ACCEPTED \[UNANIMOUS\] MOVER: William Norris, Vice-Chair SECONDER: Rob Zapple AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple V. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER There were no speakers. VI. CONSENT AGENDA Following clarification on Item 1, Mr. Norris moved to approve the Consent Agenda. Ms. Adams seconded the motion, and it passed unanimously. 1. Memorandum of Understanding with NHC Department of Health and Human Services Mr. O'Grady asked if the limit of one payment per 12--month period was a requirement of DHHS or CFPUA. Mr. Flechtner reported that it is a CFPUA policy designed to extend funding. Mr. O'Grady suggested that staff reconsider the policy in light of Covid-19 and current economic conditions. Cape Fear Public Utility Authority Page 2 MinutesAuthority BoardSeptember 9, 2020 RESULT: APPROVED \[UNANIMOUS\] MOVER: William Norris, Vice-Chair SECONDER: Jennifer Adams, Treasurer AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple 2. Resolution Authorizing a Low Interest State Revolving Fund Loan Application for Rehabilitation or Replacement of Gravity Sewer in the Downtown Wilmington Area RESULT: APPROVED \[UNANIMOUS\] MOVER: William Norris, Vice-Chair SECONDER: Jennifer Adams, Treasurer AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple 3. Authorization for the Executive Director to Execute a $140,500 Contract with McKim & Creed for Professional Consulting Engineering Services, Monterey Heights Groundwater System, Phase I - New Well Sites Evaluation RESULT: APPROVED \[UNANIMOUS\] MOVER: William Norris, Vice-Chair SECONDER: Jennifer Adams, Treasurer AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple 4. Authorization for the Executive Director to Execute a $114,500 Purchase Contract with Palfinger USA LLC. for a Utility Body Crane Truck RESULT: APPROVED \[UNANIMOUS\] MOVER: William Norris, Vice-Chair SECONDER: Jennifer Adams, Treasurer AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple 5. $822,000 Black & Veatch International Company Amendment for Raw Water Pipeline Design Cape Fear Public Utility Authority Page 3 MinutesAuthority BoardSeptember 9, 2020 RESULT: APPROVED \[UNANIMOUS\] MOVER: William Norris, Vice-Chair SECONDER: Jennifer Adams, Treasurer AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple 6. $539,400 Contract Amendment #2 with HDR Engineering, Inc. of the Carolinas for Greenfield Lake Force Main Project RESULT: APPROVED \[UNANIMOUS\] MOVER: William Norris, Vice-Chair SECONDER: Jennifer Adams, Treasurer AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple 7. Microsoft Licensing Agreement RESULT: APPROVED \[UNANIMOUS\] MOVER: William Norris, Vice-Chair SECONDER: Jennifer Adams, Treasurer AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple 8. Ordinance Appropriating State Revolving Loan Proceeds for the PS 14 Greenfield Lake Force Main Project RESULT: APPROVED \[UNANIMOUS\] MOVER: William Norris, Vice-Chair SECONDER: Jennifer Adams, Treasurer AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple VII. NEW BUSINESS A. Administrative Reports i. Attorney's Report Ms. Miles did not have a report for open session. She requested a closed session to provide legal advice on North Carolina Department of Environmental Quality v. Chemours and to discuss a personnel matter. ii. Executive Director's Report 1. Key Indicators Report Cape Fear Public Utility Authority Page 4 MinutesAuthority BoardSeptember 9, 2020 Mr. Flechtner answered questions regarding rain-related flows at the Southside Wastewater Treatment Plant. RESULT: REVIEWED 2. Environmental Report RESULT: REVIEWED 3. Safety Report Mr. Flechtner answered questions regarding traffic accidents. RESULT: REVIEWED 4. Customer Service Update RESULT: REVIEWED B. Committee Reports i. Executive Committee 1. Executive Committee - Regular - Sep 2, 2020 10:00 AM RESULT: NO ACTION REQUIRED ii. Finance Committee 1. Finance Committee - Regular Meeting - Sep 2, 2020 9:00 AM RESULT: NO ACTION REQUIRED 2. Monthly Financial Report Mr. McLean presented the monthly financial data and answered questions from Board members. Usage per equivalent residential unit (ERU) has increased, but reduced revenues reflect a lower number of ERUs than anticipated in the budget. In preparing the FY21 budget, staff analyzed revenue drivers to minimize surpluses. The total unrestricted cash balance is $64.3 million. Cape Fear Public Utility Authority Page 5 MinutesAuthority BoardSeptember 9, 2020 RESULT: REVIEWED iii. Sustainability Committee 1. Sustainability Committee - Regular - Aug 27, 2020 4:00 PM RESULT: NO ACTION REQUIRED 2. Sustainability Committee - Regular - Sep 3, 2020 10:00 AM RESULT: NO ACTION REQUIRED 3. Policy Pilot: Flow Restrictors as Alternatives to Water Disconnects Dr. Cannon introduced the item. She thanked staff for developing an innovative alternative and asked Mr. Flechtner to explain the pilot program recommendation. Mr. Flechtner reported that utilities try to balance fiscal responsibility with the customer need for potable water and basic sanitation. Historically, utilities, including CFPUA, have used disconnection of services to ensure payment of past- due water and sewer bills. Because of the Covid-19 pandemic, staff recognized the increased importance of water availability to customers. A program being used in Phoenix, Arizona, provides a reduced flow of water that provides for basic sanitation. Staff designed a simple washer that can be placed between the water meter and a customer's service line that will reduce flow but eliminate disconnection. The typical flow of water from a faucet is 5 to 25 gallons per minute. The reduced flow would be .5 to 1 gallon per minute. Governor Cooper's Executive Order 124, which prohibited utilities from disconnecting any customers, expired on July 31. CFPUA has not yet disconnected any customers. Should the Board approve the pilot program, non- residential disconnections would resume this month, with appropriate communications to delinquent customers. There will be no disconnections on residential accounts through December 31, 2020, and the pilot program for flow restrictors would begin January 1, 2021. The most aged accounts would be addressed first, and customers can enter into payment plans of up to 12 months. The $55 delinquency fee will be waived for residential customers during the pilot program. The flow restrictor program will be publicized and communicated to customers prior to being used. Once a customer has paid or has a payment plan, the flow restrictor will be removed and full water service will resume. Cape Fear Public Utility Authority Page 6 MinutesAuthority BoardSeptember 9, 2020 A "white paper" was provided in the agenda packet that explained the pilot program. Mr. Flechtner presented a resolution for board adoption that approves the following: no disconnections of residential accounts through December 2020; resume disconnections for non-residential customers, including the applicable fees; institution of the six-month pilot program beginning January 1, 2021; and addressing the applicable sections of CFPUA's ordinance. Following clarification questions, Ms. Adams moved to approve the pilot program and the resolution. Dr. Cannon seconded the motion, and it passed unanimously. Mr. Corder thanked staff and the Sustainability Committee for their work to help customers. RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Jessica Cannon, Board Member AYES: Corder, Norris, Hackney, Adams, Cannon, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple iv. Communications Committee 1. Communications Committee - Regular - Aug 12, 2020 10:30 AM RESULT: NO ACTION REQUIRED VIII. OLD BUSINESS Mr. Zapple reported that he had met CFPUA's newest intern, Andrew Kiley, and was very impressed with his research project. IX. AUTHORITY Q & A / CLOSING COMMENTS Mr. Rivenbark requested information regarding CFPUA's rates in comparison to other like-sized regional utilities. Ms. Adams reported that the Sustainability Committee has also requested that information, and that Ms. Hallock and Mr. Flechtner would bring a report to the Board through the Committee. X. CLOSED SESSION Mr. Barfield moved to enter closed session to obtain advice from legal counsel on NC DEQ v. Chemours and a personnel matter. Mr. Norris seconded the motion, and it passed unanimously. The Board entered closed session at 9:40 AM. Following a report from Ms. Miles and discussion of a personnel matter, Mr. Rivenbark moved to return to open session. Mr. Sneeden seconded the motion, and it passed unanimously. Cape Fear Public Utility Authority Page 7 MinutesAuthority BoardSeptember 9, 2020 Mr. Norris moved to approve a 4 percent salary increase for the Executive Director, retroactive to July 1, 2020. Mr. Rivenbark seconded the motion, and it passed unanimously. XI. ADJOURNMENT Mr. Corder moved to adjourn. Ms. Adams seconded the motion, and it passed unanimously. The Board adjourned at 10:32 AM. The next regular Cape Fear Public Utility Authority meeting will be Wednesday, October 14, 2020. The Board will meet in the Wilmington Convention Center, 10 Convention Center Drive at 9:00 AM. Respectfully submitted, Donna S. Pope Clerk to the Board Cape Fear Public Utility Authority Page 8