1-22-2018 Agenda Full

185 Pages·2017·10.4 MB·English

AGENDA**
REGULAR MEETING
W. BIEDENBACH, CHAIRMAN
OF THE UTILITIES COMMISSION
J. HOLCOMB, VICE CHAIRMAl~
B. BRITZ-PARKER, SECY.-TREAS CITY OF NEW SMYRNA BEACH, FLORIDA
J. DAVENPORT, ASST. SECY.-ffiEAS. TO BE HELD MONDAY, JANUARY 22, 2018, AT 6:00 P.M.
L. GRIFFITH, COMMISSIONER 200 CANAL STREET, DEBERRY ROOM, 3RD FLOOR
(Officers Appt. 9-21-17)
W. PRESTON, LEGAL COUNSEL NEW SMYRNA BEACH, FLORIDA
W. MITCHUM, GMICEO
ROLLCALL
1. Agenda Changes, Additions and Deletions
2. Public Participation
*3. Approval of Consent Items
a. .I Minutes of Regular U. C. Meeting Held 12-18-1 7 (u C and State Requirements)
b. .I Developer's Infrastructure, Capacity, and Inspection Agreement for Portofino Gardens
Phase II (Venetian Bay) - Porto fino II VB, LLC - D. Wainscott
(u C and State Requirements)
c. .I Single Audit Requirement - BMC CP As, Inc. - B. Bilinski
(Federal, State, and UC Requirements)
d . .I WRF Biosolids Improvements - Change Order No.1 - D. Wainscott
(u C and State Requirements)
e . .I Extension of Current Purchase Power Agreements Between Florida Power and Light
Company and Utilities Commission, City of New Smyrna Beach, Florida - T. Beyrle
(Federal, State, and UC Requirements)
4. General Manager's Report - R. Mitchum
a. Financial Status - December 2017 - B. Bilinski
5. Commission Counsel's Report
6. Old Business
a. .I RFP No. 2-18 - Executive Search Consultant - Selection
(Recommend Award to Springsted I Waters) - B. Pitcher
(u C and State Requirements)
b. .I Proposal to Provide Annual Audit Services (Proposed RFP No. 9-18) - B. Bilinski
(u C and State Requirements)
PAGE TWO OF TWO
w. BIEDENBACH, CHAIRMAN
J. HOLCOMB, VICE CHAIRMAl'J AGENDA**
B. BRITZ-PARKER, SECY.-TREAS
REGULAR MEETING
J. DAVENPORT, ASST. SECY.-TREAS.
L. GRIFFITH, COMMISSIONER OF THE UTILITIES COMMISSION
(Officers Appt. 9-21-17) CITY OF NEW SMYRNA BEACH, FLORIDA
W. PRESTON, LEGAL COUNSEL
TO BE HELD MONDAY, JANUARY 22, 2018, AT 6:00 P.M.
W. MITCHUM, GMiCEO
200 CANAL STREET, DEBERRY ROOM, 3RD FLOOR
NEW SMYRNA BEACH, FLORIDA
7. New Business
8. Possible Other Business -Time for Commissioners
" A Check Mark Indicates Items For \Vhich Commission Approval Has Been Requested On This Agenda
Please Note - Most Discussion Items \Vill Not Have Documentation, \ViII Be Listed On Agenda Only
* Consent items to be approved as recommended or accepted as appropriate without further comments unless discussion is requested
by Commissioner.
** Pursuant to Section 286.0105 of the Florida Statutes, if an individual decides to appeal any decision made by the Utilities
Commission, City of New Smyrna Beach, Florida, with respect to any matter considered at a meeting or a hearing, that individual
will need a record of the proceedings, and will need to ensure that a verbatim record of the proceedings is made. The transcription
of such a verbatim will be provided an individual at a cost to be determined by the Utilities Commission in accordance with the full
cost to reproduce such transcriptions and copies.
** In accordance with the American with Disabilities Act, persons needing special accommodations to participate in this proceeding
should contact the individual or agency sending notice no later than two days prior to the proceeding at the address given on the notice.
AGENDA ITEM 3-a
MINUTES OF REGULAR MEETING OF THE UTILITIES COMMISSION, CITY OF
NEW SMYRNA BEACH, FLORIDA, HELD MONDAY, DECEMBER 18,2017, AT 6:00
P.M., AT 200 CANAL STREET, NEW SMYRNA BEACH, FLORIDA
Vice Chairman Holcomb requested Commissioner Griffith to lead in the pledge of allegiance
and Mr. Preston to provide the invocation. Upon their conclusion, he stated okay, I'm going
to call to order the Utilities Commission meeting, December 18,2017, to order (bang~d the
gavel), and then stated roll call please.
A majority of the Commissioners were in attendance as follows:
Commissioner Lee B. Griffith
Vice Chairman Jack Holcomb
Chairman William E. Biedenbach (participated via conference phone)
Commissioner Bernadette Britz-Parker
Commissioner James Davenport (Absent)
Others in attendance were as follows: R. Mitchum, General Manager/ CEO; B. Bilinski,
Director of Finance; T. Beyrle, Director of System Ops. & Generation; M. Mines, Interim
Director of Electric Operations; D. Hoover, Director of Water Resources; D. Wainscott,
Director of Engineering; B. Pitcher, Director of Human Resources; B. Keehn, Director of
Information Technology; D. Wood, Customer Service Manager; E. Fisher, Info. Officer
Employee Relations Coordinator; D. Simmons, Exec. Services Mgr.lRecording Secretary;
W. Preston, U.C. Legal Counsel; Asst. City Manager Khalid Resheidat; Frank Gaffney,
FMPA Chief Operating Officer; Casmira Harrison, Reporter for the Daytona Beach News
Journal, and Lisa Martin, an unidentified man, both members of the public.
(1) Agenda Changes, Additions and Deletions:
Vice Chairman Holcomb stated all right, Mr. Mitchum, is there any agenda changes,
additions, or deletions.
Mr. Mitchum stated we do have an add-on on the agenda, on the consent items, f., I believe
you all have a copy.
Vice Chairman Holcomb stated correct and confirmed every Commissioner had a copy of
agenda item f.
(2) Public Participation:
Vice Chairman Holcomb stated at this time we want to open up the floor to any public
participation. If there's anybody that would like to come up please state your name and your
address before you speak, it's three minutes, anybody? No takers, all right.
MINUTES OF REGULAR UC MEETING HELD 12-18-17 PAGE 2
(3) Approval of Consent Items:
Vice Chairman Holcomb stated want to move for the approval of the consent items, does
anybody have any that they would like to pull?
Commissioner Griffith stated move we approve a. through e., and maybe a little discussion on
f. since it's new for everybody.
Vice Chairman Holcomb stated okay.
Commissioner Griffith then added but I move at least we approve a, b, c, d, and e.
Specifically, a motion to approve consent items a. Minutes of Regular U.C. Meeting Held
11-20-17, approve as submitted; item b. Emergency Expenditures - Hurricane Irma (Update
1), approve related expenditures in the amount of $48,706.52, necessary to restore services to
customers; item c. Developer's Infrastructure, Capacity, and Inspection Agreement for Saint
James Estates Subdivision (S.R. 44/Mission) - Saint James Estates, LLC, approve as
submitted and authorize the GM/CEO or his designee to execute the documents when
contingencies are met; item d. ITB No. 3-18 - Annual Contract for Quick Lime/Replacement,
approve and award for a replacement contract to Carmeuse Lime & Stone, the responsible
evaluated low bidder based on price and delivery, in the amount of $280,000* (*estimated
usage of 1,093 tons, period Jan. 1,2018 through Sept. 30,2018 at $255.81 per ton); and
item e. Smith Street Power Plant Decommissioning Phases 3, 4, and 5 - Change Order No.3,
approve in the amount of $23,000.00 as submitted by Downes Associates, Inc., and authorize
the GM/CEO or his designee to execute the associated documentation.
Commissioner Britz-Parker stated second.
Vice Chairman Holcomb stated Mrs. Simmons will you please call the roll.
Commissioner Griffith's motion then passed unanimously on a roll call vote.
(3-f) Purchase of Work Trailer and ITB #20-17 Field Street Concrete Pads for Storage
Containers:
Vice Chairman Holcomb stated f., Mr. Mitchum, do you want to let us know what f. was.
Mr. Mitchum stated Mr. Beyrle.
Mr. Beyrle addressed the Commission and stated as you know we're tearing down Smith
Street and the two employees that work there, we need to relocate them until we can get the
new facilities built out at the Western Complex. So we had originally leased a work trailer
and it was in very bad shape and so we decided to purchase one that we can use afterwards at
other job sites if needed. So that's half of the project here and the other half is we have some
Conex storage boxes where they're keeping their tools and equipment and supplies, and this is
just some concrete footers to levelize the Conex boxes that are already there. And the reason
that it's on the agenda is because combined, for the two items, they're over $50,000.
MINUTES OF REGULAR UC MEETING HELD 12-18-17 PAGE 3
(3-f) Purchase of Work Trailer and ITB #20-17 Field Street Concrete Pads for Storage
Containers (cont.):
Vice Chairman Holcomb stated all right, any questions?
Commissioner Britz-Parker stated that's why one of the, the sale agreement here, that's why
something's dated September 26th, because we've got this mod-space sale agreement. ..
Mr. Beyrle stated yes.
Commissioner Britz-Parker continued, and the date, the sale agreement date is September 26
of2017.
Mr. Beyrle stated that was the quote price, the quote date I believe.
Commissioner Britz-Parker stated you know I can't really tell.
Vice Chairman Holcomb stated yes, it says sale agreement date.
Mr. Beyrle stated what ... , well another reason that it's on the December agenda item, is
because the quote for the trailer and the quote for the concrete were done by two separate
areas and then I didn't get them pulled together until this meeting to be one specific item
because they were handled by different departments.
Commissioner Britz-Parker stated okay, I move for approval. Specifically a motion to
approve the purchase of the referenced new work trailer from Modular Space Corporation in
the amount of$29,165.85, to award ITB #20-17 to Sanderson Concrete Construction in the
amount of$24,918.00, for a combined total of$54,083.85, and to authorize the General
Manager/CEO or his designee to execute the documents associated with this matter.
Commissioner Griffith stated second.
Vice Chairman Holcomb stated Mrs. Simmons please call the roll.
Commissioner Britz-Parker's motion then passed unanimously on a roll call vote.
(4) General Manager's Report:
Vice Chairman Holcomb stated Mr. Mitchum, the General Manger's Report.
Mr. Mitchum stated Mr. Bilinski.
(4-a) Financial Status - November 2017:
Mr. Bilinski addressed the Commission by stating Commissioners for the month ended
November 30, 2017, the Utilities Commission's change in net assets for the combined system
MINUTES OF REGULAR UC MEETING HELD 12-18-17 PAGE 4
(4-a) Financial Status - November 2017 (cont.):
is a positive $4,526.00. As a shoulder month for November little or no AC or heat is usually
utilized so break-even is a favorable result for this type of month. The balance in the fuel and
purchased power account is an over recovery of$I,955,000, which is an increase of
approximately $259,000 for the month; and it's moving in the right direction for this period of
time.
Vice Chairman Holcomb stated so you feel comfortable with everything.
Mr. Bilinski stated yes.
Commissioner Britz-Parker stated I do have a question, I'm referring to our new schedule that
you're doing for us Mr. Bilinski.
Mr. Bilinski stated sure.
Commissioner Britz-Parker continued, which is, all the pages aren't numbered but it's after
you get past the graphs, then there's pages 1 through 7, it's two pages after that.
Mr. Bilinski stated okay, the one on the restricted R&R activity.
Commissioner Britz-Parker stated right, right, and Ijust want to clarify I'm seeing that in
November that we spent $408,000 related to Hurricane Irma.
Mr. Bilinski stated correct.
Commissioner Britz-Parker stated and I just, what were the nature of those expenditures?
Mr. Bilinski stated most of those expenditures at this point are for the mutual aid from the
electric, other electric utilities who came in and helped restore the grid.
Commissioner Britz-Parker stated okay, and so the reason I'm asking because I thought that
we had said that the monies that were in this, that this is what is capital, right?
Mr. Bilinski stated the restricted fund is primarily for capital uses but can be used for other
emergency type items which this would be.
Commissioner Britz-Parker stated okay, so and that, so we have designated internally that
these monies ... She stopped and stated they're not restricted, it's Unrestricted R&R Fund.
Mr. Bilinski stated correct.
Commissioner Britz-Parker okay, but it's for capital which would be defined as anything over
a certain dollar amount?
MINUTES OF REGULAR UC MEETING HELD 12-18-17 PAGE 5
(4-a) Financial Status - November 2017 (cont.):
Mr. Bilinski stated we define anything capital that has a life longer than a year and any
expenditure over $1,000.
Commissioner Britz-Parker stated okay, or emergency expenditures.
Mr. Bilinski stated emergency expenditures of any nature, whether it be capital or expense, in
order for us to pay for those expenditures.
Commissioner Britz-Parker stated and would that normally be considered, like would a
hurricane, would a storm kind of be the only thing that would ... ?
Mr. Bilinski stated for the most part yes.
Commissioner Britz-Parker stated okay, thank you.
Mr. Bilinski stated sure.
Vice Chairman Holcomb stated one question that's not on here.
Mr. Bilinski stated sure.
Vice Chairman Holcomb stated the receivables from the hurricane, how are we coming with
recovering our money or what's outstanding.
Mr. Bilinski stated okay, Matthew we've gone from eligible, to obligated, to now approved
within the last couple of weeks. So hopefully by designating it now as approval we should
see a check for or checks, from both FEMA and the State, for their 75% FEMA, 12.5% from
the State, within a month or two hopefully.
Commissioner Britz-Parker stated and how much is that, about?
Mr. Bilinski stated we're filing for $1.1 million so 87.5% of that should be about $1 million:
Commissioner Britz-Parker stated okay.
Mr. Bilinski continued, as far as Irma goes we had a "kick-off' meeting with FEMA on the i h
of December, we have 60 days to compile all our costs and put together a project work sheet,
is what they call it, in order to file for reimbursement. So we're in the process of gathering all
of our employee costs and vehicle costs at this time and we don't see any problem meeting
that 60 day deadline, it should be early February.
Vice Chairman Holcomb stated so you're compiling that number now, you don't have that
number, like the $1.1, or do you have an idea?
MINUTES OF REGULAR UC MEETING HELD 12-18-17 PAGE 6
(4-a) Financial Status - November 2017 (cont.):
Mr. Bilinski stated well obviously we have what we've paid to the outside electric companies,
which is the $600,000.
Vice Chairman Holcomb stated right.
Mr. Bilinski stated $750,000, $800,000 in total with all the employee expenditures.
Vice Chairman Holcomb asked is that normal, I mean we're talking over a year.
Mr. Bilinski yes, unfortunately yes.
Vice Chairman Holcomb added we asked, I'm sure we asked pretty quick.
Mr. Bilinski stated experience from back in the 2004 and 2005 hurricanes, a year's not
atypical.
Commissioner Britz-Parker stated well I was going to say that a year is good.
Mr. Bilinski continued, atypical, yes.
Commissioner Britz-Parker reiterated a year is good.
Vice Chairman Holcomb commented but aren't we suppose to become more efficient, isn't
that the program.
Commissioner Britz-Parker stated not with FEMA.
Vice Chairman Holcomb for 13 years, not yet, right. They keep telling us, we've learned,
we've learned, gotten better, so, I see we haven't, all right.
Commissioner Britz-Parker stated can I ask another question?
Vice Chairman Holcomb stated you can ...
Commissioner Britz-Parker stated this is not, but it's a financial thing because I
communicated with Mrs. Simmons via email, it's just for us to be on the same page. I did get
a draft of the RFP to staff on Wednesday.
Mr. Bilinski stated correct.
Commissioner Britz-Parker stated but you, have you completed your review yet?
MINUTES OF REGULAR UC MEETING HELD 12-18-17 PAGE 7
(4-a) Financial Status - November 2017 (cont.):
Mr. Bilinski stated completed no, I've looked at, I think we've all done a cursory review but I
don't think that we will have a problem getting a final and working with you toward a final
that we can get on the agenda for January, and then get it out.
Commissioner Britz-Parker stated but you think that will be fine, if we can get together that
we'll ...
Mr. Bilinski stated yes.
Commissioner Britz-Parker stated okay.
Mr. Bilinski stated by January's agenda, I don't see any problem.
Commissioner Britz-Parker reiterated okay.
Mr. Bilinski continued, with that.
Commissioner Britz-Parker stated Mrs. Simmons, can you make sure that makes it on the
agenda, that the audit RFP, and directed to Mr. Bilinski, I can contact you after the holidays.
Mr. Bilinski stated sure.
Commissioner Britz-Parker continued, if we need to get together and talk about it anymore.
Mr. Bilinski continued, and then we can work on a couple of items.
Commissioner Britz-Parker stated okay, thank you.
(4) General Manager's Report (cont.):
Vice Chairman Holcomb stated anybody else at this point.
Commissioner Griffith stated yes, Mr. Chairman.
Chairman Biedenbach stated yes I do, Mr. Bilinski we had a lady come forth last month and
say something about the bills going out and their checks not coming from Social Security or
whatever, and there was a couple of days in there that they needed some relief. Have you
been able to meet with her and get something done on that?
Mr. Bilinski stated we have not met with her as of yet.
Chairman Biedenbach stated do you have her name and number that you can contact her?
Mr. Bilinski stated I can get it from Mrs. Simmons.
MINUTES OF REGULAR UC MEETING HELD 12-18-17 PAGE 8
(4) General Manager's Report (cont.):
Chairman Biedenbach stated would you please.
Mr. Bilinski stated yes.
Chairman Biedenbach stated thank you, then that's all Mr. Chairman.
Vice Chairman Holcomb then stated Commissioner Griffith.
Commissioner Griffith stated a couple, just quick, operational questions, one for Mr. Bilinski
and one for Mr. Hoover. Our reimbursement for our loan, $1.2 million loan, we closed that
before the end of the year or is that ... ?
Mr. Bilinski stated that's actually a question for me and Mr. Wainscott. I believe we have
now all the costs associated, you're talking about S.R. 44, sewer?
Commissioner Griffith stated yes, I'm sorry, right, yes I am, S.S.L.A., $1.2 million.
Mr. Wainscott addressed the Commission by stating Mr. Chairman, Commissioners, Derek
Wainscott, Director of Engineering. We have all of the costs, we're just compiling them and
we'll have that before the end of the week. I'm not anticipating any further costs on this
project at all.
Commissioner Griffith stated okay, good, and then the process for dealing with the City?
Mr. Bilinski stated I will be working with the Director of Finance at the City, Althea Philord,
on putting together the numbers and getting them those.
Commissioner Griffith stated okay, just want to keep the visibility out there and all.
Mr. Bilinski stated correct, yes.
Commissioner Griffith stated and Mr. Hoover, it's getting dry again. We going to be under
some allocation issues regarding reclaimed, or what is your latest process. By the way,
another great job in keeping all the reclaimed water in the ponds.
Mr. Hoover stated yes sir.
Commissioner Griffith continued, eight years now, eight and a half years.
Mr. Hoover stated eight plus, about 101 months; and then addressed the Commission formally
by stating his name and title, Water Resources Director. The drought is upon us, we are at the
bottom of the operating level of our 13 acre reuse pond which is the reason we need the 20
acre expansion, and ultimately a 200 acre pond out there at the Western Utilities Complex.
So that when we have a vast increase in the number of connections for reuse customers, right