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2020-03-11 Regular Meeting Minutes CAPE FEAR PUBLIC UTILITY AUTHORITY AUTHORITY BOARD MINUTES MARCH 11, 2020 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 Attendee Name Organization Title Status Arrived William Norris Cape Fear Public Utility Chair Present Authority Wesley Corder 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 Board Member Excused 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 Kevin O'Grady Cape Fear Public Utility Councilmember Present Authority Charlie Rivenbark Cape Fear Public Utility Councilmember Present Authority Rob Zapple Cape Fear Public Utility Commissioner 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 Kristine Irick Cape Fear Public Utility Customer Service Director Present Authority Vaughn Hagerty Cape Fear Public Utility Public Information Officer Present Authority Lindsey Hallock Cape Fear Public Utility Director of Public and Present Cape Fear Public Utility Authority Page 1 MinutesAuthority BoardMarch 11, 2020 Authority Environmental Policy Lori McKoy Cape Fear Public Utility Human Resources Director Present Authority Gary McSmith Cape Fear Public Utility Asst. Director of Engineering Present Authority Cammie Bellamy Cape Fear Public Utility Assistant PIO Present Authority Makeba Robinson Cape Fear Public Utility Present Authority Sara Eskew Cape Fear Public Utility Present Authority Donna S. Pope Cape Fear Public Utility Clerk/Executive Secretary to the Present Authority Board Heidi Cox State of North Carolina Present Brett Russel City of Wilmington Present III. RESOLUTION HONORING PATRICIA O. KUSEK 1. Pat Kusek Resolution 2020 Mr. Norris read a Resolution honoring Commissioner Kusek into the record and thanked her for her service to CFPUA. Ms. Kusek thanked staff, Ms. Miles, and the Board. She reported that it was her great pleasure to get to know the employees who work around the clock, sometimes in harsh conditions, to ensure that the community receives water and sewer services. RESULT: REVIEWED IV. ADOPTION OF AGENDA Ms. Adams moved to adopt the day's agenda. Mr. Sneeden seconded the motion, and it passed unanimously. V. APPROVAL OF MINUTES 1. Authority Board - Regular Meeting - Feb 12, 2020 9:00 AM RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Deans Hackney, Secretary SECONDER: Larry Sneeden, Board Member AYES: Norris, Hackney, Adams, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple EXCUSED: Corder, Cannon VI. PUBLIC COMMENTS - 4 MINUTE LIMIT PER SPEAKER There were no speakers. VII. SPEAKER UPDATE FROM THE FEBRUARY 12, 2020 BOARD MEETING Mr. Flechtner reported that one speaker in February suggested goals that will be discussed by the Sustainability Committee. The other speakers discussed an access easement in the Futch Cape Fear Public Utility Authority Page 2 MinutesAuthority BoardMarch 11, 2020 Creek area on the February agenda. The Board voted to provide the access easement to adjacent property owners. Two owners have requested access to the easement, and neither has made an encroachment request. VIII. CONSENT AGENDA There were no questions on the Consent Agenda items, and Ms. Adams moved to approve them. Mr. Zapple seconded the motion, and it passed unanimously. 1. $151,000 Amendment #3 with Withers Ravenel Incorporated for Castle Hayne Water Expansion Project RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Rob Zapple, Commissioner AYES: Norris, Hackney, Adams, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple EXCUSED: Corder, Cannon 2. $1,537,585.00 Construction Contract with T.A. Loving Company for Castle Hayne Water Expansion Project RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Rob Zapple, Commissioner AYES: Norris, Hackney, Adams, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple EXCUSED: Corder, Cannon 3. Authorization for the Executive Director to Execute a $133,070.00 Construction Change Order No. 3 with Carolina Civil Works, Inc. for the Find-It Fix-It 2019 Water and Sewer Repairs Project RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Rob Zapple, Commissioner AYES: Norris, Hackney, Adams, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple EXCUSED: Corder, Cannon 4. Authorization for the Board Chair to Execute a $70,978.50 Amendment to the Interlocal Agreement with the City of Wilmington for the North Waterfront Park Project RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Rob Zapple, Commissioner AYES: Norris, Hackney, Adams, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple EXCUSED: Corder, Cannon 5. Superion Renewal (Legacy finance and customer information system) Cape Fear Public Utility Authority Page 3 MinutesAuthority BoardMarch 11, 2020 RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Rob Zapple, Commissioner AYES: Norris, Hackney, Adams, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple EXCUSED: Corder, Cannon 6. ILA with the City of Wilmington for Renovations at 305 Chestnut Street RESULT: APPROVED \[UNANIMOUS\] MOVER: Jennifer Adams, Treasurer SECONDER: Rob Zapple, Commissioner AYES: Norris, Hackney, Adams, Briggs, Sneeden, Barfield, O'Grady, Rivenbark, Zapple EXCUSED: Corder, Cannon IX. NEW BUSINESS A. Administrative Reports i. Attorney's Report Ms. Miles had no report for open session. She requested a closed session to report to the Board on CFPUA v. Chemours. ii. Executive Director's Report Mr. Flechtner introduced Lori McKoy, CFPUA's Human Resources Director. Ms. McKoy came to CFPUA from the New Hanover Regional Medical Center. Mr. Flechtner presented two walk-in Resolutions, and he and Ms. Miles answered questions. The first Resolution, entitled "Board Continuity" provided for meetings through telephone or other electronic means. The second Resolution, entitled "Business Continuity" provided for the Executive Director to approve contracts and conduct business if the Board needed to cancel one or more meetings. The business continuity resolution did not include approval of budgets or ordinances. Both resolutions were presented in light of the COVID-19 virus and provided contingencies in case of a crisis or quarantine associated with a contagious viral illness. The actions authorized in the resolutions would only be used if necessary. Following clarification questions, Mr. Rivenbark moved to approve the Board Continuity Resolution. Mr. Barfield seconded the motion, and it passed unanimously. Mr. Rivenbark then moved the Business Continuity Resolution. Mr. Briggs seconded the motion, and it passed unanimously. 1. Key Indicators Report Mr. Vandermeyden answered questions regarding the developmental services data. Cape Fear Public Utility Authority Page 4 MinutesAuthority BoardMarch 11, 2020 RESULT: REVIEWED 2. Environmental Report RESULT: REVIEWED 3. Safety Report RESULT: REVIEWED B. Committee Reports i. Executive Committee 1. Executive Committee Minutes Mr. Flechtner answered questions regarding the Pender County emergency water connection. The concept of selling water out of county can be revisited when the Richardson plant capacity is upgraded. RESULT: NO ACTION REQUIRED ii. Long Range Planning Committee 1. Long Range Planning Committee - Regular - Feb 27, 2020 3:00 PM RESULT: NO ACTION REQUIRED iii. Sustainability Committee 1. Sustainability Committee - Regular - Feb 27, 2020 4:00 PM RESULT: NO ACTION REQUIRED iv. Finance Committee 1. Finance Committee - Regular Meeting - Mar 4, 2020 9:00 AM RESULT: NO ACTION REQUIRED 2. Monthly Financials Report Mr. McLean presented the financial data. CFPUA has $75.7 million in the unrestricted fund balance. This year's $18 million in pay-go capital funding has been used. PFAS expenses to date have been $11.5 million. Construction funds are encumbered for the Sweeney upgrades. Investment earnings are $61.87 million. Cape Fear Public Utility Authority Page 5 MinutesAuthority BoardMarch 11, 2020 RESULT: REVIEWED 3. Customer Service Update Ms. Irick answered questions regarding the implementation of new Customer Service billing software. RESULT: REVIEWED v. Human Resources Committee Mr. O'Grady reported that the Committee met Ms. McKoy, the new Human Resources Director. The Committee made recommendations for salary adjustments to be included in the FY2021 budget. 1. HR Committee Minutes RESULT: NO ACTION REQUIRED X. OLD BUSINESS There was no old business. XI. AUTHORITY Q & A/CLOSING COMMENTS There were no additional questions or comments. XII. CLOSED SESSION Mr. Rivenbark moved to enter closed session to discuss CFPUA v. Chemours. Mr. Zapple seconded the motion, and it passed unanimously. The Board entered closed session at 9:22 AM with Ms. Miles, Messrs. Flechtner and Vandermeyden, and Ms. Pope present. The Board received a report from legal counsel and provided direction. Mr. O'Grady moved to return to open session. Mr. Sneeden seconded the motion, and it passed unanimously. The Board returned to open session at 10:34 AM. XIII. ADJOURNMENT There was no further business to come before the Board, and Mr. Zapple moved to adjourn. Mr. Briggs 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, April 8, 2020. The Board will meet at 9:00 AM in the Lucie Harrell Conference Room, New Hanover County Administration Building, 230 Government Center Drive, Wilmington, North Carolina. Respectfully submitted, Donna S. Pope Clerk to the Board Cape Fear Public Utility Authority Page 6