Public Hearing Approval of Reclaimed Water Rates - The ...

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Regular meeting of the Tohopekaliga Water Authority for April 25, 2012. Present at the meeting were Supervisor Clarence Thacker, Supervisor Wendell McKinnon, Supervisor Raul Banasco, Supervisor Bob Bornstein, Chairman Bruce Van Meter, Executive Director Brian Wheeler, Executive Assistant Nilsa Diaz, Attorney Mark Lawson, Commissioner Jerry Gemskie, and Commissioner Michael Harford. Commissioner Todd Danzler was not present.

Date: 2012

April

25, Location: Toho Water I

Authority Board Room

Time:

Item

Minutes

5: 03 PM

Meeting called to order

Chairman Bruce Van Meter called the meeting to order at 5:03 PM.

Moment of Silent Reflection and Pledge of Allegiance

After a Moment of Silent Reflection, Chairman Van Meter led the attendees in the Pledge of Allegiance.

Approval of the Agenda

Supervisor White requested that the discussion on the settlement of City Centre be moved to Item 8. Supervisor White moved for approval of the agenda as amended and Supervisor Banasco seconded the motion. Motion passed 6 to O.

Awards and Presentations

Recognition of 2012 Drop Savers Water Conservation Poster Contest Winners - Mary Guidone, the Authority' s Information Coordinator, presented the poster contest winners to the Board. In celebration of National Drinking Water Week, May 6-12, the Authority conducted a poster contest at several elementary schools in the service area in which the students submitted drawings promoting water conservation. The twelve winners were invited to the Board meeting to be recognized. The twelve winning students' artwork is featured as a different month in a Toho Water Authority calendar. One of the entries was recognized as the Grand Prize winner and was submitted to the state contest. Two schools received monetary prizes; Bellalago Academy

500 to purchase art supplies and because its student was the Grand Prize Winner and Lakeview Elementary

250 for having the most entries.

National Drinking Water Week Proclamation, May 2, 2012 - Executive Brian Wheeler read the Proclamation. Supervisor Banasco moved for approval of the Proclamation and Supervisor McKinnon seconded the

I motion. Motion passed 6 to O.

Public Hearing

Hear the Audience Consent Agenda

Approval of Reclaimed Water Rates - The proposed adjustments to the Reclaimed Water rates were advertised for a Public Hearing. Mr. Michael Burton of Burton & Associates, the Authority' s rate consultant, gave a PowerPoint presentation outlining the proposed reclaimed water rates. One of the recommended changes to the rate structure from the rate study was the establishment of two Large User Categories; Interruptible Service and Uninterruptible Service. Following the presentation, the Executive Director advised the Board that there was some potential confusion about the implied meanings of the labels for the two proposed large user rate classes and recommended continuing the public hearing to allow staff to clarify the labels. The chairman announced that the Board would receive comments from the public on the proposed rate adjustments. - rhere were no comments. Supervisor McKinnon moved to continue

the Public Hearing to May 9th and Supervisor Bornstein

seconded the motion. Motion passed 6 to O.

No one came forth.

Supervisor Thacker asked for removal of Item 7B for discussion and Supervisor Bornstein asked for removal of Item 7C for discussion. Supervisor Thacker moved for approval of the Consent Agenda Items 7A and 7D; Supervisor Banasco seconded the motion. Motion passed 6 to O.

A. Approval to Purchase a blower and air flow meters for the Sandhill Road WRF Aeration System Improvements Project

B.

Approval of Asset Disposal List through Donation

and Destruction - Supervisor Thacker removed this item

from the Consent Agenda for discussion. He wanted

clarification on whom or what organizations were

eligible to receive donations. Staff explained that

donations are made on a first- come first- served basis.

Mr. Wheeler explained that when the Board discussed

these types of donations previously the Board only

provided general direction to provided donations to non-

profit organizations upon request. Chairman Van Meter

asked whether two motions were needed to deal with

this item; one motion to add the item to the Agenda and

one motion to clarify the policy on donations.

Supervisor - rhacker moved to place the item on the

Agenda and Supervisor White seconded the motion.

5:50 PM

Informational Presentations

Motion passed 6 to O. Supervisor Thacker stated that he

would like the Authority to have a policy which

prioritized the recipients of the donations. Mr. Van

Meter said that organizations receiving a donation

should have a 501C- 3 designation and that schools

should also be eligible after charitable organizations. Mr.

Thacker stated that the Authority' s policy should

prioritize organizations eligible for donations as 501C- 3

designated

organizations

followed

by schools.

Additionally, the organizations should first be located

within the Service Area, then Osceola County; and finally

the Central Florida Area. Supervisor Thacker moved for

approval of a policy on donations and Supervisor

McKinnon seconded the motion.

C. Approval for Emergency Gravity Sewer Repair at

Poinciana Boulevard and Robert McLane Boulevard-

Supervisor Bornstein removed this item and stated that

he would abstain from voting because he did not believe

that the Executive Director had followed his

commitment to advise the Board when an emergency

repair needed to be done. Mr. Bornstein said that voting

for the item implied that the charges were true and he

had not been given an opportunity to review them

before approving them.

Supervisor Bornstein was

advised by counsel that he could not abstain from voting

but could vote against it. Supervisor Thacker moved for

approval of the emergency repairs and Supervisor White

seconded the motion. Motion passed 5 to 1 with

Supervisor Bornstein voting against it.

Approval of the low bid contract with Control Instruments, Inc. ( C2i) for the Lift Station # 6, LS # 57,

Camelot West wrp, Huron wrp, Lake Marion WRF, and

Walnut Drive WRF SCADA Improvements Project

City Centre - Attorney Lawson advised the Board that the seven ( 7) documents necessary to implement the approved settlement of the City Centre impact issue were prepared with the cooperation of Mr. Dale Parsons, representative of Mr. Tim Majors, the majority property owner. The documents contained errors which were corrected and should be ready for execution by the middle of next week. The forbearance agreements have been executed by the LLCs but have not been submitted to the Authority yet as the other three impact fee financing agreements have not been completed yet. One of the financing agreements will provide for Mr.

6:10 PM

Unfinished Business

Majors to pay impact fees over a ten year period for the

conversion of the fifth and sixth floors of the Park Vue

building from residential to office. Mr. Majors will

receive reimbursement for the fees previously paid for

this conversion and enter into the financing agreement.

The financing agreement requires the mortgage holder

for the Park Vue building to consent to the financing

agreement. Mr. Majors has questioned the requirement

for the consent. Mr. Lawson advised the Board of the

alternative courses of action available to deal with the

requirement for the lender' s consent and the potential

refusal of the property owner or lender to provide the

consent. Supervisor White stated that the Authority

needs to obtain the Consent. Supervisor Bornstein

stated the meeting minutes will reflect that this matter

was to be resolved by this meeting and the Board needs

to stick with the motion. Supervisor White stated that

he thinks that Staff has tried to resolve the matter in

accordance with Board direction and that the City Centre

property owners need to provide the Consent.

Mr.

Lawson said that he will go back and talk to Mr. Parsons

and advise him that we are willing to speak to the

lender' s counsel. Supervisor White made a motion that

the Authority get the Consent, give the City Centre

property owners two weeks to do so and advise them

that it will be a deal killer if they refuse to provide the

Consent. The Board also interjected that they need to

get mortgages for the 5th and 6th floors. Supervisor

McKinnon moved for approval of the motion as stated

by Supervisor White. The motion was approved 5 to 1;

Supervisor Bornstein voted against it.

Supervisor White left the meeting.

9A. CONTRACT EMPLOYEE SCOPE OF SERVICES TO

CONSTRUCT THREE PUMP STATION RENOVATION

ASSIGNMENTS WITH TWA STAFF - Robert Pelham,

Director of Engineering informed the Board that this

year' s Capital Budget included bringing sewage pump

station renovations in-house but contract with an

individual to provide construction foreman services. Mr.

Pelham

provided

a PowerPoint

presentation

summarizing the rehabilitation projects performed in-

house to date. To meet the asset management goal of

rehabilitating a lift station apprOXimately every 20 years

staff is of the opinion that the recent pilot project of

6:31 PM

New Business Staff Reports

performing the rehabilitation of three lift stations in-

house resulted in significant savings over the use of

private contractors and engineers.

The Board asked

whether the Authority has all of the equipment

necessary to perform the lift station work. Mr. Pelham

responded that the Authority would have to acquire

some additional equipment but would continue to have the contract foreman provide equipment until the

additional equipment is acquired. Supervisor Bornstein

moved for approval of the staff recommendation to

rehabilitate three additional lift stations under the

present contract foreman.

Supervisor McKinnon

seconded the motion. Motion passed 5 to O. Supervisor

Thacker stated that the in-house lift station

rehabilitation program should move forward. Chairman

Van Meter asked if the money for the project was in the

budget and staff responded that funding has been

provided under the Capital Budget.

None

Customer Feedback Report of Explanation of Processes John McAleenan gave a PowerPoint presentation providing the results of the Customer Surveys.

Supervisor Banasco asked about the status of kiosk for the state program allowing customers to come to the Administration Building to pay their bills.

6:53 PM - Update on LS35 Odor Control- Robert Pelham informed the Board that the equipment needed to complete the work at LS35 will not be delivered until June/ July. Based on the fact that there is very little activity to report until the odor control equipment is delivered, staff will report back to the Board on a monthly basis. Supervisor Thacker suggested calling one of the residents to make them aware of when the report will be presented

Financial Report for March - Ric Figueroa presented the Financial Report for March 2012.

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