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2020-08-12 Regular Meeting Minutes CAPE FEAR PUBLIC UTILITY AUTHORITY AUTHORITY BOARD MINUTES AUGUST 12, 2020 Wilmington Convention Center Regular Meeting 9:00 AM 10 CONVENTION CENTER DR. WILMINGTON, NC 28401 I. CALL TO ORDER Mr. Corder called the meeting to order at 9:00 AM with a quorum present. Mr. Zapple moved to excuse Messrs. Barfield and Norris. Mr. O'Grady seconded the motion, and it passed unanimously. 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 Excused 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 Excused Authority Kevin O'Grady Cape Fear Public Utility Present Authority Charlie Rivenbark Cape Fear Public Utility Remote 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 Cape Fear Public Utility Authority Page 1 MinutesAuthority BoardAugust 12, 2020 Carel Cape Fear Public Utility Deputy Executive Director Present Vandermeyden Authority John McLean Cape Fear Public Utility Chief Financial Officer Present Authority Beth Eckert Cape Fear Public Utility Director of EMD Present Authority 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 Vaughn Hagerty Cape Fear Public Utility Public Information Officer Present Authority Cammie Bellamy Cape Fear Public Utility Assistant PIO Present Authority Makeba Robinson Cape Fear Public Utility Present Authority Donna S. Pope Cape Fear Public Utility Clerk/Executive Secretary to the Present Authority Board George House Brooks, Pierce Remote III. ADOPTION OF AGENDA Ms. Adams 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 - Jul 8, 2020 9:00 AM RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Rob Zapple SECONDER: Hollis Briggs, Board Member AYES: Corder, Hackney, Adams, Cannon, Briggs, Sneeden, O'Grady, Rivenbark, Zapple EXCUSED: Norris, Barfield V. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER There were no public comments. VI. CONSENT AGENDA 1. Board Resolution To Change 457 Deferred Compensation Plan Providers Cape Fear Public Utility Authority Page 2 MinutesAuthority BoardAugust 12, 2020 RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Kevin O'Grady AYES: Corder, Hackney, Adams, Cannon, Briggs, Sneeden, O'Grady, Rivenbark, Zapple EXCUSED: Norris, Barfield 2. $2,934,296.00 Construction Contract Award to Shook Construction Co. for Northside Enhancements Project RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Kevin O'Grady AYES: Corder, Hackney, Adams, Cannon, Briggs, Sneeden, O'Grady, Rivenbark, Zapple EXCUSED: Norris, Barfield 3. $170,800.00 McKim & Creed Engineers Amendment # 3 for Northside Generator Replacement and Miscellaneous Enhancements Project RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Kevin O'Grady AYES: Corder, Hackney, Adams, Cannon, Briggs, Sneeden, O'Grady, Rivenbark, Zapple EXCUSED: Norris, Barfield 4. Authorization for the Executive Director to Execute a $412,402.36 Cost Sharing Agreement with CH-Bountiful Operating LLC for Cost Participation for a Sewer Pump Station and Force Main Installation Associated with the Bountiful Village Development. Mr. O'Grady asked for clarification on the item. Mr. Vandermeyden reported that it was a standard cost-sharing agreement. System development charges will be connected from everyone who connects to the forcemain and pump station. RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Kevin O'Grady AYES: Corder, Hackney, Adams, Cannon, Briggs, Sneeden, O'Grady, Rivenbark, Zapple EXCUSED: Norris, Barfield 5. Authorization for the Executive Director to Execute a $90,000 Contract Amendment with Polydyne Inc. for Additional Purchases of Dry Polymers Cape Fear Public Utility Authority Page 3 MinutesAuthority BoardAugust 12, 2020 RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Kevin O'Grady AYES: Corder, Hackney, Adams, Cannon, Briggs, Sneeden, O'Grady, Rivenbark, Zapple EXCUSED: Norris, Barfield 6. Authorization for the Executive Director to Enter into a $250,000 Sole Source Purchase with Badger Meter for Water Meters and AMR Transmitters RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Kevin O'Grady AYES: Corder, Hackney, Adams, Cannon, Briggs, Sneeden, O'Grady, Rivenbark, Zapple EXCUSED: Norris, Barfield VII. NEW BUSINESS A. Administrative Reports i. Attorney's Report Ms. Miles had no report for open session. She requested a closed session to discuss CFPUA v. Chemours and DuPont and the State of North Carolina's Consent Decree in its action against DuPont. ii. Executive Director's Report 1. Key Indicators Report Mr. Flechtner answered questions regarding increased demand on the Monterey Heights well system. RESULT: REVIEWED 2. Environmental Report 3. Safety Report Mr. Zapple asked for additional information regarding an incident when someone impersonating an OSHA inspector approached employees on a job site. RESULT: REVIEWED 4. Customer Service Update - August Cape Fear Public Utility Authority Page 4 MinutesAuthority BoardAugust 12, 2020 Mr. Flechtner answered questions regarding delinquencies related to Covid-19. CFPUA has not disconnected water services since the pandemic began. It appears that customers are taking longer to pay but are paying, and staff is monitoring trends. Staff is developing methodologies to encourage payment and will bring programs to the Board through the Sustainability Committee. Dr. Cannon thanked staff for their efforts, stating that access to water is very important during public health crises. RESULT: REVIEWED B. Committee Reports i. Executive Committee 1. Executive Committee - Regular - Aug 5, 2020 10:00 AM RESULT: NO ACTION REQUIRED ii. Long Range Planning Committee 1. Long Range Planning Committee - Regular - Jul 23, 2020 3:00 PM RESULT: NO ACTION REQUIRED 2. Revisions to Water Emergency Management Ordinance Mr. Vandermeyden presented the item. The revisions to CFPUA's water emergency management ordinance align with the Lower Cape Fear Water & Sewer Authority raw water supply emergency plan. LCFWASA's plan was developed with input from CFPUA and Pender and Brunswick Counties. Mr. Sneeden moved the item, as recommended by the Committee. Mr. Zapple seconded the motion, and it passed unanimously. RESULT: APPROVED \[UNANIMOUS\] MOVER: Larry Sneeden SECONDER: Rob Zapple AYES: Corder, Hackney, Adams, Cannon, Briggs, Sneeden, O'Grady, Rivenbark, Zapple EXCUSED: Norris, Barfield 3. Sidbury and Greenview Area Preliminary Engineering Report Mr. Vandermeyden presented the item and answered questions from Board members. In 2019, CFPUA and New Hanover County entered into an interlocal Cape Fear Public Utility Authority Page 5 MinutesAuthority BoardAugust 12, 2020 agreement for the preliminary engineering report, and staff from both agencies contributed their expertise and insight. The report provides projections forward to the year 2050. The Sidbury Road, Holly Shelter Road, and I-140 area contains approximately 17,000 acres, much of which is undeveloped. There are several large tracks held by single owners. D.R. Horton has a project to build 12,850 feet of 16-inch water mains and 14,000 feet of 12-inch sewer lines, which would constitute the spine of utilities for the area. The developer would recoup costs through cost-recovery payments from future development. Those payments would be collected by CFPUA in addition to the system development charges and other related connection and inspection fees. CFPUA has entered into similar agreements with developers for expansion in other areas of the county. Additional supporting utility lines and connections to CFPUA infrastructure would be added as part of CFPUA's future capital improvement programs. RESULT: NO ACTION REQUIRED iii. Walk-in Item Sole Source Generator Repairs Mr. Vandermeyden presented the item and answered questions regarding repair costs and expected life of the rebuilt generator. Repairs are most cost effective and will be accomplished more quickly than buying a new generator. Mr. Zapple moved to approve the item. Mr. Sneeden seconded the motion, and it passed unanimously. iv. Finance Committee 1. Finance Committee - Regular Meeting - Aug 5, 2020 9:00 AM RESULT: NO ACTION REQUIRED 2. Monthly Financial Report Mr. McLean presented the monthly financial data. Fiscal year 2020 data is not finalized and will be reported at the November Annual Meeting after the audit is complete. Mr. McLean reported that staff continues to review revenue and expenditure trends in order to fine tune revenue and budget expectations. Mr. McLean estimated a year-end surplus of $7.5 million. The total unrestricted fund balance is $61.2 million. The Board's financial policies provide specific uses for surpluses, which include paying down debt and cash-funding capital projects. Staff expects to recommend pre-funding a portion of the Southside wastewater plant rehabilitation project, scheduled for 2030-31. Doing so would help to limit debt issuance and moderate future rate increases. Cape Fear Public Utility Authority Page 6 MinutesAuthority BoardAugust 12, 2020 RESULT: REVIEWED v. Human Resources Committee 1. Human Resources Committee - Regular - Jul 29, 2020 9:00 AM The Committee met on July 29 and recommended one item to the Board. The item was passed in the Consent Agenda. RESULT: NO ACTION REQUIRED VIII. OLD BUSINESS There was no old business. IX. AUTHORITY Q & A / CLOSING COMMENTS Messrs. Corder and Zapple thanked CFPUA staff for preparedness and for their work during the recent hurricane. Mr. Zapple commended the pump station workforce under the supervision of Robert Daughtry. X. CLOSED SESSION Ms. Adams moved to enter closed session to discuss CFPUA v. Chemours and DuPont and the NC DEQ Consent Order with Chemours. Mr. Hackney seconded the motion, and it passed unanimously. The Board entered closed session at 9:45 AM with Ms. Miles, Ms. Pope, and Messrs. House, Flechtner, and Vandermeyden present. Following a report and advice from Ms. Miles and Mr. House, the Board provided direction to legal counsel. Ms. Adams moved to return to open session. Mr. Hackney seconded the motion, and it passed unanimously. XI. ADJOURNMENT Ms. Adams moved to adjourn. Mr. Hackney seconded the motion, and it passed unanimously. The Board adjourned at 10:35 AM. The next regular meeting of the Cape Fear Public Utility Authority will be Wednesday, September 9, 2020. Respectfully submitted, Donna S. Pope Clerk to the Board Cape Fear Public Utility Authority Page 7