Regular Meeting

Transcription

Regular Meeting

L. GRIFFITH, CHAIRMAN
W. BIEDENBACH, VICE CHAIRMAN
K. BOHANNON, SECY. -TREASURER
W. DAVIS, ASST. SECY.-TREAS.
J. HOLCOMB, COMMISSIONER
(Officers Apptd. 9-21-15)
W. PRESTON, LEGAL COUNSEL
W. MTTc.mlM. CiMIC.RO
AGENDA**
REGULAR MEETING
OF THE UTILITIES COMMISSION
CITY OF NEW SMYRNA BEACH, FLORIDA
TO BE HELD MONDAY, FEBRUARY 22, 2016, AT 6:00 P.M.
200 CANAL STREET, DEBERRY ROOM, 3RD FLOOR
NEW SMYRNA BEACH, FLORIDA
ROLLCALL
1. Agenda Changes, Additions and Deletions
2. Declarations of Ex Parte Communications by U.C. Commissioners
3. Public Participation
*4. Approval of Consent Items
a. t! Minutes of Regular U.C. Meeting Held 1-25-16 (Ue. and State Requirements)
b. t! Interest on Customer Deposits - B. Bilinski (u e. and State Requirements)
c. t! Smith Street Power Plant Decommissioning - Phases 3, 4, and 5 - Change Order No.1 D. Wainscott (ue., State, and Federal Requirements)
d. t! Developer's Agreement and Addendum - Wawa (intersection of S.R. 44 and Mission Dr.)
- U.S. Realty 87 New Smyrna Beach Assoc., L.P. - D. Wainscott
(u e. and State Requirements)
e. t! Developer's Agreement and Addendum - EV Charging Station (Indian River Plaza3rd Ave.) - Samuel R. Sutton Trust / NRG EV Services LLC - D. Wainscott
f. t! Electric Fleet Vehicle - Bucket Truck (1) AA67E (Recommend Award to Altec
Industries Inc. - GSA Contract No. GS-30F-1028G) - M. Rodriguez
g. t! Wat~r Resource Dept. - Purchase of New Jet VacTruck (Recommend Award to
Environmental Products of Florida - FL Sheriff Associaton's Bid#15-13-0904,
Specification #49) - D. Hoover (Ue. and State Requirements)
h. t! Geographic Information System (GIS) - Commencement of Phase III (ESRI and
Schneider Electric) - M. Rodriguez (u e. and State Requirements)
5. General Manager's Report - R. Mitchum
a.
Financial Status - January 2016 - B. Bilinski
b.
FY2016 Strategic Initiatives and 2015 Strategic and Objective AccomplishmentsR. Mitchum
6. Commission Counsel's Report
PAGE TWO OF TWO
L. GRIFFITH, CHAIRMAN
W. BIEDENBACH, VICE CHAIRMAN
K. BOHANNON, SECY. -TREASURER
W. DAVIS, ASST. SECY.-TREAS.
J. HOLCOMB, COMMISSIONER
(Officers Apptd. 9-21-15)
W. PRESTON, LEGAL COUNSEL
W. MITCHUM, GMICEO
AGENDA**
REGULAR MEETING
OF THE UTILITIES COMMISSION
TO BE HELD MONDAY, FEBRUARY 22, 2016, AT 6:00 P.M.
200 CANAL STREET, DEBERRY ROOM, 3RD FLOOR
7. Old Business
8. New Business
9. Possible Other Business - Time for Commissioners
.t A Check Mark Indicates Items For Which Commission Approval Has Been Requested On This Agenda
Please Note - Most Discussion Items Will Not Have Documentation, Will 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 4-a
. MINUTES OF REGULAR MEETING OF THE UTILITIES COMMISSION, CITY OF
NEW SMYRNA BEACH, FLORIDA, HELD MONDAY, JANUARY 25,2016, AT 6:00
P.M., AT 200 CANAL STREET, NEW SMYRNA BEACH, FLORIDA
Prior to the Regular U.C. Meeting, Chairman Griffith requested Mr. Preston to give the
invocation and Commissioner Biedenbach to lead the Pledge of Allegiance.
Chairman Griffith thanked Mr. Preston and Commissioner Biedenbach and then requested
Mrs. Simmons to proceed with the roll call. A majority of the D.C. Commissioners were in
attendance as follows:
Commissioner Jack Holcomb
Commissioner William E. Biedenbach
Commissioner Kenneth L. Bohannon
Commissioner Walter C. Davis (ABSENT - OUT OF STATE)
Chairman Lee B. Griffith
Others in attendance were as follows: R. Mitchum, General Manager/ CEO; T. Beyrle,
Director of System Ops. & Generation; M. Rodriguez, Director of Electric Operations;
D. Hoover, Director of Water Resources; B. Bilinski, Director of Finance; B. Pitcher,
HRlBenefits Manager; D. Wainscott, Engineering Manager; D. Wood, Customer Service
Manager; D. Zorge, Customer Service Supervisor; Ed D. Williams, Network Administrator;
M. Roberts, Electric T&D Lineman; E. Fisher, Info.-Quality Assurance Manager; B. Keehn,
Administrative Support Specialist; D. Simmons, Exec. Services Mgr.lRecording Secretary;
W. Preston, U.C. Legal Counsel; Khalid Resheidat, Asst. City Mgr'/City ofNSB; and Walter
Allen, Jeanne Diesen, members of the public.
Chairman Griffith confirmed the microphones were okay, everyone in the audience could
hear, and then stated before we jump into our first item on the agenda I would like to
recognize our former Commissioner and Chair, Mr. Walter Allen, and former Commissioner
Dr. Jeanne Diesen, thank you for being here. And I saw the Assistant City Manager over
there, Khalid Resheidat, thank you for being here tonight.
(1) Agenda Changes, Additions and Deletions:
Chairman Griffith then asked ifthere were any agenda changes, additions and/or deletions.
Mr. Mitchum indicated yes sir, under item 9. Possible Other Business for Commissioners is
an add-on about the U.C. 's representative for the EDAB. Commissioner Davis, who is not
here, said he would like to have someone appointed to that, so that will be under your time to
discuss that.
Chairman Griffith thanked Mr. Mitchum and added that's it on the additions.
MINUTES OF REGULAR UC MTG. HELD 1-25-16
PAGE 2
(2) Declarations of Ex Parte Communications by D.C. Commissioners:
Chailman Griffith asked if there were any Declarations of Ex Parte Communications by any
of the Commissioners, anybody need to report?
Commissioner Biedenbach commented I haven't been here.
Chainnan Griffith stated okay, well welcome back.
There were no declarations made at this time.
(3) Public Participation:
Chahman Griffith stated public participation, anyone interested tonight with respect to public
participation.
There was no public participation at this time.
(4) Approval of Consent Items:
Chainnan Griffith stated ifnot, we'll move right to approval of consent items, item four. Any
questions or any ofthe items need to be held back to discuss individually? lfnot, we'll hear a
motion.
Commissioner Biedenbach stated I'll move to approve a, b, and c; a motion to approve the
following consent items: item 4-a. Minutes of Regular DC Meeting Held 12-21-15, approve
as submitted; item 4-b. ITB No. 6-16 - GWTP Lagoon Restoration - Lime Sludge Disposal,
to Pro lime Corporation in the not-to-exceed amount of $200,000, and authorize the General
Manager/CEO or his designee to execute all documents associated with this award; and item
4-c. Central Beach Flood MitigationProject, Phase III, Change Order No.8 (C.O. #8 - Water
and Sewer Improvements), approve Change Order #8 in the net amount of$71,693.62, to the
City of New Smyrna Beach for water and sewer improvements construction adjustments
within the City's Central Beach Flood Mitigation Project, Phase III, and authorize the General
Manager/CEO or his designee to execute said document.
Chainnan Griffith stated Commissioner Biedenbach, to approve a, b, and c; do I have a
second.
Commissioner Holcomb stated I'll second that.
Commissioner Biedenbach's previous motion then passed unanimously on a roll call vote.
PAGE 3
(5) General Manager's Report:
Chairman Griffith stated okay and we're moving right along to the General Manager's
Report. Mr. Mitchum or Mr. Bilinski would you please help us with the report this month;
thank you.
(5-a) Financial Status - December 2015:
Mr. Bilinski addressed the Commission and stated good evening Commissioners. For the
month ended December 31, 2015, the Utilities Commission's change in net assets for the
combined system is a positive $2,696,363. Of this amount approximately $2.8 million was for
contributed facilities and easements associated with the new Sabal Lakes development. The
balance in the fuel and purchased power account is an over-recovery of $1,005,000, which is
an increase of approximately $304,000 for the month.
Commissioner Bohannon asked Mr. Bilinski ifhe could tell him about Sabal Lakes
development.
Mr. Bilinski stated exactly your question is where the $2.8 million came about.
Commissioner Bohannon stated yes, I can't say that I've heard about the project.
Mr. Bilinski stated it's ...
Commissioner Bohannon interjected Mr. Wainscott is standing up~
Mr. Bilinski stated okay, and added the project is at the comer of Sugar Mill and Pioneer
Trail, across from the BP Station.
Commissioner Bohannon stated okay.
Mr. Bilinski stated okay, and I think it has what about 200 lots in it.
Mr. Wainscott stated 196.
Mr. Bilinski reiterated about 200 lots in it, okay, so it's a fairly decent size residential
development and we have facilities, lines that they put in that they contributed to us at value.
Plus also each lot has an easement and we have to record that easement at market value as
well.
Commissioner Bohannon stated great.
Mr. Mitchum stated do you know where the townhomes are on Sugar Mill Drive.
Commissioner Bohannon stated yes.
MINUTES OF REGULAR DC MTG. HELD 1-25-16
PAGE 4
(5-a) Financial Status - December 2015 (cont.):
Mr. Mitchum stated this is behind there, you can go in if you turn in from Pioneer Trail, also
from Sugar Mill Drive, either one, it's in behind. I think the main entrance to this one will be
off of Pioneer Trail.
Commissioner Holcomb stated that's the first time I've seen it too, I drove through it last
week and everything's stubbed and ready, I mean its roads are in and it's ready to roll. I
never knew it was there either.
Commissioner Bohannon stated I think I've driven by there probably a thousand times but.
Commissioner Holcomb stated absolutely, it's ready to roll.
Commissioner Bohannon commented, 196 homes, that's a great addition, glad to hear that,
and great addition to our infrastructure; thank you. He then indicated he had a couple of more
questions.
Chairman Griffith stated sure.
(5) General Manager's Report (cont.):
Commissioner Bohannon stated to Mr. Mitchum, can you give me an update on the purchase
and sales of those lots, have we completed all those sales.
Mr. Mitchum stated I think we're still waiting on one, Mr. Preston may have to clarify that, on
the clearance on one with Mr. Davenport.
Mr. Preston stated that's correct.
Commissioner Bohannon stated we just have one left, which one is that.
Mr. Preston stated well what we have, we have two issues with one of the parcels that he's
buying. There is a cloud on the title by the purchase of a tax deed years back so we are
seeking to get a quit claim deed from that individual, which we have actually acquired that
quit claim deed. And then the other parcel there is not much cooperation at this moment.
Commissioner Bohannon stated is it also a tax deed.
Mr. Preston stated it's actually not a tax deed it's a deed from a relative who paid a tax bill to
herself from the property that is somewhat foreign to the property.
Commissioner Bohannon stated so she paid it adverse to herself.
Mr. Preston stated no, to her relative, in any event Mr. Davenport's attorney is actively
seeking to remedy that.
PAGE 5
Commissioner Bohannon stated okay, all the other ones have closed though.
Mr. Preston stated to my knowledge yes.
Commissioner Bohannon stated all right, and then I have my last question, was on the cross
connection control program, and I think that's a water question. I saw that 88 backflow
preventer devices were installed and I think one of them actually ended up at my house as
well. I was wondering are we going to be able, are we doing this all around the City, what's
the scope of the project and can you tell me a bit about the reason for it. He then added its
page 15, cross connection control program.
Mr. Hoover addressed the Commission and stated most of those are replacements, our
backflow control program uses dual check valves on residential, low risk users. If you have
reclaimed water to that same lot, then we use a double check valve. They're more complex,
they're testable, and on commercial installations they're quite large, up to six inches at times.
And those have to be tested annually, we have certified backflow technicians, all that has to
be recorded and that data shared with the Department of Health up in Daytona, on an annual
basis.
Commissioner Bohannon then stated so for residential units that have reclaimed water or
reuse water, they're going to have the double stage preventions.
Mr. Hoover responded yes, that's considered a higher risk because sometimes customers have
been known to interconnect piping. So what we have installed, our philosophy since we
started this program has been total containment.
Mr. Hoover continued and that is anybody with a risk, you need to make sure that if they do
something within their facility that's risky it can only harm them, it cannot get into the
distribution system and harm others that we're responsible for.
Commissioner Bohannon stated that makes sense. How far are we along in the program, are
we going to have to do this for each residential with reuse, and if so, how long, how far along
are we in the program.
Mr. Hoover stated we've been doing this program for 25 years, so all new installations are set
up properly.
Commissioner Bohannon stated okay, and do we know how many we have to go back and
change or is it just ongoing, all of them are done as reclaimed is installed.
Mr. Hoover stated the testable devices if they fail, they can be rebuilt, if they're beyond that
then we replace them.
PAGE 6
Commissioner Bohannon stated and is that cost built into the reclaimed system.
Mr. Hoover stated that cost is built into the meter setting fee.
Commissioner Biedenbach stated to Mr. Hoover I understand you to say that all residential
units have a backflow valve or a backflow preventer.
Mr. Hoover stated yes.
Commissioner Biedenbach stated okay, not just reuse, but reuse is a more complex device,
regular just water is a single.
Mr. Hoover stated well what I'm talking about is the potable connection.
Commissioner Biedenbach stated yes.
Mr. Hoover stated if you have reuse to your lot, that potable backflow device will be a higher
quality one, more designed.
Commissioner Biedenbach stated I understand, but just a regular potable and you have no
reuse at your unit, then you still have a backflow check valve.
Mr. Hoover stated it's a fairly economical version.
Commissioner Biedenbach stated thank you.
Commissioner Bohannon also said thank you to Mr. Hoover.
Chairman Griffith asked Commissioner Bohannon if he had further comments.
Commissioner Bohannon stated that's it for now, thank you. He then added I'll have one
underneath our other business, I guess.
Chairman Griffith stated all right and then thanked Mr. Bilinski for his report. He stated two
quick comments, I think one appropriate especially since there were some questions here
about Sabal Lakes. Mr. Wainscott really pulled the rabbit out of a hat a few months ago, we
had some problem there with the folks and was able to get a transfer valve or something major
fly in on time and made it over the weekend; wanted to brag on you a little bit because usually
we're picking on you.
Mr. Wainscott addressed the Commission and stated the device you're referring to I believe
was a switchgear and maybe some terminations that were missing that needed to be flown in.
PAGE 7
Chairman Griffith stated that's what it was, good, well good job, well done to keep it on track.
Mr. Wainscott stated Mr. Rodriguez was involved and it was fully addressed a couple of
months ago.
Chairman Griffith stated and we haven't heard anything since so thank you for making sure
that happened and looks like as Commissioner Holcomb said, they're ready to rock and roll
now.
Mr. Wainscott stated yes they are.
Chairman Griffith stated that's good, second comment will go to the water group, six and half
years here with respect to zero discharge, and Mr. Hoover, that's continuing to be amazing.
The months keep building up and that's great, zero discharge to the river, that's fantastic,
congratulations. He confirmed there were no further questions on the General Manager's
Report.
(6) Commission Counsel's Report:
Chairman Griffith stated we'll move along to Mr. Preston's Commission Counsel's Report,
please sir.
(6-a) Section 112.3143, F.S. Compliance - Publicly Read Form 8B into RecordVoting Conflict 1 Comms. Davis:
Mr. Preston stated I do have something tonight, I am going to read into the record Form 8B
which was completed by Commissioner Davis. I believe you were provided a copy of that in
December so I will read the section regarding the disclosure. Disclosure of Local Officer's
Interest: I, Walter Davis, hereby disclose that on December 21,2015, a measure came or will
come before my agency which inured to the special gain or loss of Davis Brothers Air
Conditioning and Heating which is the parent, subsidiary, or sibling organization, or
subsidiary of a principal, which has retained me. The measure before my agency and the
nature of my conflicting interest in the measure is as follows: I do personal AC work for Dr.
Ailatii and his business also. If disclosure of specific information would violate
confidentiality or privilege pursuant to law or rules governing attorney, a public officer, who
is also an attorney, may comply with the disclosure requirements of this section by disclosing
the nature of the interest in such a way as to provide the public with notice of the contlict.
Date filed 12/21115, signed Walter Davis. He stated and that concludes my report for this
month.
Chairman Griffith asked ifthere were any questions for Mr. Preston. If not, thank you Mr.
Preston for the report.
PAGE 8
(7) Old Business
Chairman Griffith confirmed there were no Old Business items to consider.
(8) New Business
Chairman Griffith confirmed there were no New Business items to consider.
(9) Possible Other Business - Time for Commissioners:
Chairman Griffith stated then we'll move right along to Time for Commissioners. He stated
I'd like to kick it off myself here and review, and I would also like to ask Commissioner
Biedenbach to maybe give us a quick update on the EDAB meeting, the Economic
Development Advisory Board meeting, just a topline, couple of quick comments ifthere's
something appropriate for us, for sharing. He stated this past Tuesday, I believe it was,
January 19th , we met with the City Commissioners and General (sic City) Manager Mrs.
Brangaccio and of course Mr. Resheidat, and discussed primarily major priorities on activities
and events from the City's perspective, to ensure that we have good information sharing, that
we are prioritizing similar work, I use the Swoope site as an example of priority number one.
And put a process in place so that we know what's going on and get updates on a monthly
basis with timelines. So that we can just go back tonight and think about what we did with
the General Manager's Report starting out with just the overall general information, after Mr.
Bilinski comments on the financials, and bring people up to date on where we are in various
proje'cts. That allows us to ask questions and get some discussion if necessary and so on. So I
think it was a good meeting, I think we allieamed a lot from each other with respect to the
City Commissioners and the Utilities Commissioners. We did prioritize several projects, as I
indicated we'll get started with the Swoope Generation site, Smith Street Generation site
being the second priority, and the third priority with respect to, let's see that was Mrs.
Brangaccio to lead was the septic systems within the City, the two entities working together
for sewer assessments and taking advantage of the grant opportunities that are out there. We
will be scheduling another meeting on the 19th of April as a follow up Workshop, where both
of us will bring priority items or bring information that we believe relevant to share
accordingly. I'd like to ask those on the dais here tonight to add to that, Commissioner
Holcomb.
Commissioner Holcomb stated yes, I was, I thought it was a good meeting, I thought it was a
good start, let's rephrase that. You know trying to figure out what the City wants, what our
position is, and then you know where we're headed is it reasonable, can we accommodate
them; what are they asking and then can we accommodate their need. They are two separate
entities but personally I believe as, you know this is a business, and as a business you are in a
community and you have to co-exist with the community, it's just not beneficial to serve
yourself. By no means do I want to just arbitrarily open our pocketbooks up to the City and
fund every project they have, and sometimes we're going to have to tell them no, and that's
just what it is. But I think in being a good neighbor or a good business in the community, I
think we need to listen, we need to see if we can accommodate. Sometimes it comes down to
time, seems like their needs are always time sensitive, I'm not necessarily, that they always
PAGE 9
(9) Possible Other Business - Time for Commissioners (cont.):
get us, when they find out when their need is very urgent, we need to be notified it's urgent at
that time, maybe not six months down the road. So I think the lines of communication
between the City and the U.C., and I say this sitting on the Economic Development Board for
four years, it's my perception sitting on a board trying to solve problems, and I'm talking
about in 2009 and 2010 when the world was coming to an end and we were really trying to
figure out how to get people to build in our community, people needed jobs and it was a very
serious conversation and time. It just didn't seem like that we were aligned together and you
know talking to both sides, it's my job here is to represent this board and this business and
I'm going to do that to my fullest, but I also believe a better line of communication, a more
detailed one. The one thing I got out of that meeting is we really couldn't tell where the heck
we were at in any of these projects. If they're that important, then we need to know, and it's
not like I said, there's nobody wrong here, there's no ... , we're trying to create a process that
it's a mechanism we can work within so that when people call us and say Mr. Mitchum's not
doing his job and he's a bad guy, we can say well actually Mr. Mitchum's done exactly
everything you've asked and this is all the steps he's taken to accommodate what you need,
we can defend it. It's very hard for me as a Commissioner to get to understanding where
we're at, and really, you know be asked or what the need is ofthe City, when you talk to three
or four different people, it changes. So we have document it, it has to be so we're all on the
same page, it's easy to get to, and we can hopefully accommodate, because again the growth
of our community is important to us as a business because obviously there's more rates and
there's more impact fees, and there's more, it's more revenue, this is a business. And I
absolutely want to make sure that the ratepayers are not affected and I'm going to protect the
ratepayers every step of the way I can, but you have to understand that this is still a business
that operates in a community, so sometimes you have to invest a little to get a little. So I
think it was a good start but I don't necessarily know, we'll see where we end up. So I was
encouraged, let's put it that way.
Chairman Griffith stated good, thank you Commissioner Holcomb and then recognized
Commissioner Biedenbach for his comments.
Commissioner Biedenbach stated yes, the one thing that stood out to me in that meeting was
that when the City said that they had hired more people for their permitting department and
they were seeing a big step up in the number of permits and somebody looked over towards us
and said do you know what's coming. And I just wondered are we thinking personnel wise
about stepping up our permitting department, because if what's coming is what the City thinks
is coming, there's no reason for us to be the bottleneck.
Mr. Mitchum stated no, I agree with that, I don't think we are the bottleneck, but yes, we are,
in talking to Mr. Wainscott in Engineering, which is not really permitting but that's what our
counterpart is there. Weare looking at it and we may have to come back and ask the
Commission to increase the number of personnel. That would be an addendum to the budget,
and that's what I'm saying, that's why we're having to put it together and sit down and
discuss that.
MINUTES OF REGULAR DC MTG. HELD 1-25-16
PAGE 10
Commissioner Biedenbach stated in last Sunday's paper I saw we had an ad for three
positions and then the following Sunday another one position. Are we, are these adds or are
these replacements.
Mr. Mitchum stated those are replacements, as I said to add anything I would have to come
back here to increase the number of personnel.
Commissioner Biedenbach stated okay.
Chairman Griffith stated that's a good thought though, because in addition to the Sabal Lakes
project, you have the Geosam project which is about 200 units I believe which will be
commg ...
Commissioner Bohannon interjected Mr. Wainscott says no.
Chairman Griffith stated more than that.
Mr. Mitchum stated it's way more than that.
Chairman Griffith stated it's the next big piece, yes.
Commissioner Holcomb added that's a bigger number.
Mr. Wainscott addressed the Commission and stated just for clarification Geosam is currently
building a 191 unit subdivision.
Chairman Griffith stated that's the one I'm thinking of.
Mr. Wainscott stated and they've got a future one in planning processes which is about 1,200
plus commercial, plus other commercial plus other lots.
Chairman Griffith stated exactly, thank you.
Commissioner Holcomb asked Mr. Wainscott from where they're starting, like where they're
at right now to where Sabal Lakes is, how long does that usually, it's a big variable here, but
like I said I don't know.
Mr. Wainscott stated yes it is, typically a project ofthat size will take eight months to a year
from start to finish, and they've been going now for about six to seven months, and they've
got the accelerator down as hard as they can put it down. There's a significant amount of
paperwork that comes with the acceptance of system, and we kind of joke in my department
for projects like the Tabby House, it takes longer to do the paperwork than it does to construct
the parts. You've come through it, it's a lot of paperwork. On a project like Geosam I've met
with them, I've told them what they need to do, I've given, like we do for every developer,
PAGE 11
examples of past acceptance processes, what's acceptable, what's not acceptable, and
whether, what they choose to do with that information is up to them. I know that they've
hired a full time engineer, I've met with him several times, Mr. Rodriguez has also met with
him in my department to explain the process. But until they understand what the process is,
and they understand not to fight it, just to follow it, it can be difficult.
Commissioner Holcomb stated right.
Mr. Wainscott stated yes, we're aware of at least the 1,200 units plus the commercial that
they've got there on S.R. 44 and Sugar Mill.
Commissioner Holcomb stated and what does that put on your labor, I mean as far as if a
project like that gets, I mean does it come in at a hundred at a time or does it come in at all
1,200.
Mr. Wainscott stated they intend to submit a 1,200 unit subdivision.
Commissioner Bohannon stated it will be PUD.
Chairman Griffith reiterated will it be PUD.
Mr. Wainscott stated no sir, as a plat, which from my perspective and my history, its kind of
impractical. I go to the plat at Venetian Bay, we did it in multiple phases, I can assure it was
difficult, even with that 200 unit it's difficult to do all the paperwork.
Commissioner Bohannon stated what's the time line for the 1,200 unit submittal, do you
know.
Mr. Wainscott replied they've submitted the preliminary plat already.
Mr. Wainscott added so they're pushing.
Commissioner Bohannon then stated do you have the manpower needed to review it.
Mr. Wainscott stated that's the questions that Mr. Mitchum and I are going over now.
Chairman Griffith stated good.
Mr. Wainscott stated the engineer that Geosam has hired, we've had a frank conversation
about how impractical it is to submit final plans for 1,200 units. The preliminary plat doesn't
have a lot of detail, it's basically an exhibit of what they intend to build, it doesn't come with
all of the design details and that sort.
PAGE 12
Mr. Wainscott stated the project consists of four or five lift stations, maybe six. I mean to do
it all at once they'd have everyone employed in the County, at least who's willing to do the
job.
Commissioner Bohannon stated that's fun.
Chairman Griffith stated thank you to Mr. Wainscott for the update.
Commissioner Biedenbach indicated he had another question for Mr. Wainscott, is there
something that we can do to talk to the developers and say hey, why don't you do this in
200's or ISO's or 600's or whatever that you guys can handle, and we would suggest that to
them so that they don't come in, and we put that in our up front papers or whatever when they
first come in. And say hey, we've just found that with the number of people that we have
employed here and with our expertise that if you do this at a 100 at a time and we can tum
100 around in a week or two weeks; and I'm making assumptions here, you need to help me
on something like that. But would that be something that we could do for the developers and
apparently we're going to get two or three or four of these rather large developments in the
next couple of years from listening to what's going on.
Mr. Wainscott stated I don't know that we can tell them how to market and how to submit
plans, if they meet the regulations they can submit, that's all market driven. I know when 1
was a consultant 294,299, and 199, 72, it all varied based on the market. So ifthey've got a
market now for 1,200 and the 1,200 meets our rules and regulations, we've got to review it.
Commissioner Holcomb stated let me ask you a question to Mr. Wainscott, I guess you do
have the uniqueness of working with the Venetian Bay, I'm going to put you in their shoes
now, why would they want to do it that way, is it expense driven, is it time, 1 mean what's it, I
mean ...
Mr. Wainscott stated it depends on who you ask, I've met with their accountant and their
accountant is looking at probably cashing in on the market, the way it is now.
Commissioner Holcomb stated okay.
Mr. Wainscott continued, from a paperwork perspective, in preparing the plans, getting them
all right where they meet not only our codes but the City's codes, they've got County codes,
St. John's codes, FDOT codes. I mean they've got, if they have to do some work next to 1-95,
now you've got the Feds involved, Army Corps doesn't have a timeline. The Federal
Government when you submit your permits, they don't have to respond, it took us a year to
get a response back on our water main break that was a year ago, two years ago. So that's
what they have to juggle, it can be difficult, I mean the Army Corps has made us restore a
ditch that was only that wide and that deep on Venetian Bay, but they held up the
PAGE 13
development for it. And as soon as we restored it back to natural grade they handed us a
permit and the bulldozer wiped it out, so... I mean the lady came to the site, was standing
there, handed us the paperwork, the bulldozer was there, they started it up and wiped it out.
So, I mean every project is unique, my conversations are they're going through St. John's,
they're on their third iteration of a conceptual plan which is basically what the preliminary
plat is, a little bit different for St. John's.
Commissioner Holcomb stated all right.
Chairman Griffith stated okay, thanks, we'll kind of wrap up this discussion. Commissioner
Bohannon this was, I wanted to bring you up to date too on what all transpired while you were
out.
Commissioner Bohannon stated thank you.
Chairman Griffith stated and I think we've got a good process in place going forward, and as
indicated by Commissioner Holcomb this is the beginning but it is a good beginning, a good
start, and we'll be reporting as I said monthly, as part of the General Manager's Report with
respect to projects where we are in the process as far as the work load, etc., as well as specific
timelines, whether it be a 60,90 day or six months, or whatever the case may be. So we'll get
it out there and this has been helpful, obviously we know that more work is coming so we'll
be prepared for it and entertain whatever we need to entertain for next year's budget. He then
stated okay, other comments from the Commissioners.
Commissioner Biedenbach stated do you want to hear about the EDAB.
Chairman Griffith stated yes, I'm sorry, thank you Commissioner Biedenbach, I did want to
get a little quick feedback from you.
Commissioner Biedenbach stated from the Economic Development Board, they were
reviewing the new Economic Plan, Development Update, that they are going to present to the
City, and I don't remember whether they're presenting it to the City this week or this month,
or whatever, but they had finished and they had all said that they liked the plan. And there
was participation from the audience, and there were several, there were some architects and
some builders and some people in the audience. And a couple of the things that was bandied
about was to abandon this building, for the, this building because it's a historical building, to
be turned into a hotel and for us to move out to the "800 acres" on the other side of 1-95 and
leave a small servicing operation in the City here someplace. And also to remove the County
buildings that I guess are just at the end of Flagler Avenue (sic Canal St.) and put retail or
something else in there. These were general people coming out of the audience and throwing
this out. And the, behind here, where our parking lot is, they want to put a three-story parking
lot so that they people can park and shop on Flagler Avenue (sic Canal St.). Those were the
things that came out of it, but the big thing that came out of it was the plan for the, the final
draft for the Economic Development Plan for the City which will be presented to the City,
PAGE 14
like I said, either this week or this month, or if it's not this week it will be next month, for the
adoption and that's pretty much what happened over there.
Chairman Griffith stated okay, good, thanks for bringing us up to date on that. He then asked
Mr. Resheidat ifhe had a sense of the timing, is it next month, it must be next month.
Mr. Resheidat stated I'm not aware of this on this coming meeting so it has to be next month.
ADD-ON (9-a) D.C. Representative Replacement for EDAB:
Chairman Griffith stated next month, okay, good, all right thank you, and then stated we also
have on the agenda the added item with respect to Commissioner Davis indicating that. ..
He stopped to confirm that all Commissioners had received a copy of the add-on agenda item.
He continued with that Commissioner Davis would no longer be able to serve as our
representative with respect to the Economic Development Advisory Board. So I think what
we'll just do short term since Commissioner Biedenbach has been the back-up so to speak., I'll
take Commissioner Davis' appointment, you know right now, and then we'll have
Commissioner Biedenbach right there when, if! couldn't attend a meeting or something. The
notion here would be to ensure that we have coverage and be there. Now we have to be .
careful of course, we should really only have one person there, if we have two people at that
meeting we cannot engage in any comments with respect to the D.C. He stated so we'll go
with one person at a time, and does that make sense to everybody, so Commissioner Davis
now will be stepping aside, I'll take his place for now, and we still have Commissioner
Biedenbach as a backup to attend the meeting when someone can't attend the meeting.
Commissioner Holcomb asked Chairman Griffith if he could speak. to that.
Chairman Griffith responded sure, please do, and added you've had experience with that
committee.
Commissioner Holcomb stated that committee was put together by Adam (Barringer) when he
was elected Mayor, a lot of things have come out of that board, tax abatements, and we
reviewed a lot of processes. I kind of made ajoke of it in that meeting the other night (City
Joint Workshop wiU.C.), there's speedy departments I'm still trying to find. But it's a good
meeting for dialogue and it's where a foundation like you said a meeting of, that people
wanting this building to be basically vacated to create more foot traffic downtown to
revitalize Canal Street. Whether it happens or doesn't happen or we can accommodate or
whatever that's ... But there's been a lot of good things that have come out ofthat board, we
suspended the City and Fire Impact Fees and it was interesting to watch that play out, tax
abatements now in, and how that actually worked once we got it out there into the community
how people actually took advantage of it, they were impressed. And I think that June 30th of
last year that expired. So it's a good dialogue, it's a good place to start, and the D.C. does sit
on that, and I will tell you, sitting there for four to five years as a person that was really trying
to work to get things moving in the City, didn't really feel like, I felt that, and Bill Hall is a
PAGE 15
ADD-ON (9-a)
u.c. Representative Replacement for EDAB
(cont.):
great guy, I love him to death, but I didn't feel like the U.C. really engaged the process. So I
would tell you Lee, you know we're going to listen, we're going to try to accommodate, but
to try to engage the process, to hopefully like I said have a better relationship. But a lot of
good things came out of that board and I would hope that we would be a more active
participant when we can with them; so that's my two cents.
Chairman Griffith stated no, that's good because the intent was to make sure that someone
from the U.C. attends all those meetings, Mr. Resheidat, I mean that's where we want to make
sure. We just have to be a little careful with two of us in the meeting at the same time of
course, want to make that distinction. Okay, other comments from Commissioners, and then
recognized Commissioner Bohannon.
Commissioner Bohannon stated did you need a motion for that appointment.
Chairman Griffith stated I don't think so, I don't believe we need a motion, and then asked
Mr. Preston, do we need a motion for Commissioner Davis' replacement?
Mr. Preston stated this has been an informal choosing process since the beginning. The
position on the board is a non-voting, ex officio position. And it's not therefore a
representative position of the Commission, so it's been informal in the past and rightfully so.
Chairman Griffith stated good, thank you for that clarity. He then asked if there were any
comments from Commissioners, and recognized Commissioner Bohannon for his comments.
Commissioner Bohannon stated I have two things; one, Mr. Preston we had talked I think last
month about a pending law suit, have we been served, are we engaged in suit, at all.
Mr. Preston responded yes.
Commissioner Bohannon stated and have hired outside counsel for that.
Mr. Preston stated we have turned the suit over to our insurance carrier.
Commissioner Bohannon stated okay, perfect. And then my other one, we talked about this
probably four months ago is we all know that Mr. Mitchum is getting ready to retire, what's
your countdown.
Mr. Mitchum stated I have about three years.
Commissioner Bohannon stated three years, I thought it was about a year and a half for some
reason. Three years, okay, we'll talk about it a few years then about that.
PAGE 16
Chairman Griffith stated we have a few meetings, we can add that to the agenda.
Commissioner Bohannon stated yes, thank you.
Mr. Mitchum then stated do you know something that I don't.
Commissioner Bohannon stated no, no, no, you can stay here longer.
Mr. Mitchum stated I believe on January 31 8t it will be three years.
Commissioner Bohannon stated I know it's our last contract cycle, that's what I meant.
Mr. Mitchum stated correct.
Commissioner Bohannon stated so, well kind of as a big picture, keep that on your radars.
Mr. Mitchum stated thank you.
Chairman Griffith then asked Commissioners if there were additional comments and
recognized Commissioner Biedenbach.
Commissioner Biedenbach yes, I have two things. In the General Manager's Report on page
three it says field and staff performance survey and it says we did 67% and 60% is satisfaction
for 2016. Is this just a, the number that we have done, that have been done or are we saying
that anybody's performance that does 60% is pretty good and we're satisfied with that; I hope
not.
Mr. Mitchum stated no sir, that is not, I believe this has something to do, Mr; Bilinski or is it
Mrs. Fisher, when we pass out (customer response cards), sometimes you don't get responses
back, it's hard to judge that.
Commissioner Bohannon interjected it's a response rate.
Commissioner Biedenbach stated okay, so this is a, okay, that's fine. He continued and stated
on page 21 I believe, we are sending over 3,000 late notices month for our billing.
Commissioner Bohannon stated is that a question.
Commissioner Biedenbach stated well yes, the statement in here is that last month was 3,200
and this month is 4,300 late notices. That's 16% of our billing that the people aren't paying
on time, is this normal. I mean in my business ifpeople don't pay they don't get deliveries,
it's that simple.
Mr. Mitchum stated well, like you said this is a late notice.
PAGE 17
Commissioner Biedenbach stated I understand that we can't shut the water off and the electric
but Imean ...
Mr. Bilinski stated it is not abnormal for us to have that kind of percentage initially, when it
comes to actual cut offs, as you've seen to go from 3,200 or whatever to 100 cut offs in a
month, it's a friendly reminder. People you know forget, especially around the holidays and
whatever and money's a little tight with other things going on, but it's not abnormal and we
don't get overly excited about it.
Commissioner Biedenbach stated what is the normal pay then on those, on that 16%, are they
just 30 days late, 60 days late, are they 90; what's our receivables look like over there.
Commissioner Holcomb stated the waits, past due is $300,000 correct.
Mr. Bilinski stated in that neighborhood, yes. We send out the bill, it's due 21 days after the
bill is produced, and after that within 10 days we send a late notice, and asking Mrs. Wood for
conftrmation.
Mrs. Wood indicated the late notice is produced on the 22nd day after billing.
Mr. Bilinski stated okay, and again, after we do cut offs we're down to 100 for the month.
Commissioner Biedenbach stated where do we say okay you haven't paid us, we're going to
shut you off, how many days out is that.
Mrs. Wood stated it varies, about 32 days later.
Commissioner Biedenbach stated so there is no 30, 60, 90 in this particular case.
Mr. Bilinski stated no.
Commissioner Biedenbach continued so this is 30, 32, and we come to see you.
Chairman Griffith stated it's 21,31 or 32, we come to see you is what I got, the idea.
Mr. Bilinski stated as of the 21 day you've already used the service potentially for 30 days
before that, so we're almost up to 60 days already.
Commissioner Bohannon stated and that doesn't eliminate the receivable, we just stop
service.
Mr. Bilinski stated that's correct.
Commissioner Bohannon reiterated it doesn't eliminate the receivable though, until they pay.
PAGE 18
Commissioner Holcomb asked then how long do you keep the receivable on the books.
Mr. Bilinski stated I'm sorry.
Commissioner Holcomb reiterated how long do you keep the receivable, I mean when do we,
it's $300,000, how long does that, is that 30, 60, 90, 120, 12 months or how long does that
stay before we make it non-collectible and either, I don't know do we sell it off or what do we
do with it, write it off.
Mr. Bilinski stated we would write it off after six months.
Commissioner Holcomb stated six months, okay, fair enough.
Commissioner Biedenbach stated is there any possibility of selling it.
Mr. Bilinski stated we do send them to collections as well and they do an average job on
collections of getting us money after we've written it off.
Commissioner Biedenbach asked can we go to auction and sell them off. I mean there are
guys out there that will buy that stuff.
Commissioner Bohannon stated yes, but it's ...
Mr. Bilinski responded typically what we find is that those people have left the area.
Commissioner Bohannon added or died.
Mr. Bilinski continued and we're kind of done unless they move back.
Commissioner Biedenbach stated thank you.
Chairman Griffith then asked anyone else, and then stated if not, we'll adjourn the meeting.
There being no further business to come before the Commission, the Regular D.C. Meeting
closed at 6:43 p.m.
APPROVED:
ATTEST:
CHAIRMAN
SECRETARY-TREASURER
These minutes were formally approved by the Utilities Commission at their _ _ _ _ __
2015 meeting.
UTILITIES COMMISSION
AGENDA ITEM
USE ONLY:
4-b
CONSENT ITEM
FOR MEETING OF: February 22,2016
o
NEW BUSINESS
FROM: Director of Finance
o
OLD BUSINESS
SIGNATURE: Brian Bilinski
o
ADM. OFFICE
EXHIBITS: Graph - Actual Meter Deposit Interest Percentages
SUBJECT:
SUMMARY:
Interest on Customer Deposits
Per the UC's Customer Deposit Policy, interest at a rate to be determined by the Utilities Commission each year for
the next succeeding twelve months, will be credited to our customers.
The annual review took place early February. Over the past year, the shortfall of accumulated interest earned versus
interest paid to U.C. customers decreased significantly, to a negative variance of only $1,000.
Over the.past few months there has been significant upswing in the LIBOR interest rate, and it currently
approximates .40%. The D.C. earns interest at approximately 50% of the LIB OR rate (as evidenced by the attached
Exhibit). The LIB OR rate is projected to increase slightly to a rate of .50% over the next six months.
The Commission approved an annual Customer Deposit Interest Rate of .05% in February 2015. In order to further
align accumulated interest earned versus interest paid to D.C. customers, it is recommended that the U.C. increase its
annual interest rate on Customer Deposits to .10%.
RECOMMENDED ACTION:
A motion to approve the interest rate of .10% to be computed on customer's deposits
and become effective with the first billing cycle of March, 2016.
NOTE: ALL AGENDA ITEMS MUST BE IN THE UTILITIES DIRECTOR'S OFFICE BY NOON TWO WEEKS
PRIOR TO THE REGULAR MONDAY COMMISSION MEETING.
Page 1 of 2
Dec-15
Nov-15
Oct-15
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ADM. OFFICE
USE ONLY:
AGENDA ITEM
CONSENT ITEM
FOR MEETING OF:
o
NEW BUSINESS
FROM:
o
OLD BUSINESS
SIGNATURE:
o
EXHIBITS:
SUBJECT:
4-c
February 22.2016
Engineering Manager
Derek Wainscott
Memo from Engineering Manager dated 2-9-16, w/attachs.
Smith Street Power Plant Decommissioning - Phases 3,
4, and 5 - Change Order No.1
SUMMARY:
Downes and Associates, Inc. (DAI) were authorized to perform work associated with the Smith Street
Power Plant Decommissioning Project (Phases 1 and 2 - $26,800, and Phases 3, 4, 5 - $36,900).
DAI has submitted a Change Order No.1 in the amount of $20,500 representing the cost of additional test
monitoring wells and a building demolition bid alternative which will increase the total cost of the Task for
Phases 3, 4, 5 to $57,400.
The Director of System Operations and Engineering personnel have reviewed Change Order No. 1 and
recommend approval as submitted.
This Task will be performed under W.O. #14-UE005.
RECOMMENDED ACTION:
A motion to approve Change Order No.1 submitted by Downes and
Associates, Inc., in the amount of $20,500 for the Smith Street Power Plant
Decommissioning, Phase 3, 4, and 5, and authorize the General Manager/CEO
or his designee to execute the documentation associated with this matter.
If~. 7Vt.:td.~(.~
NOTE:
ALL AGENDA ITEMS. MUST BE IN THE GENERAL MANAGER'S OFFICE BY NOON MONDAY TWO WEEKS
Page 1 of5
UTILITIES COMMISSION,
MEMORANDUM
Project:
Date:
From:
To:
Smith Street Power Plant Decommissioning Phase 3, 4, and 5 (Change Order # 1)
February 9, 2016
Derek M. Wainscott, P .E.
William R. Mitchum, CEO/General Manager
Downes Associates, Inc. (DAI), our continuing service consultant for electrical engineering, has submitted
the Draft Phase II study (performed by G&S Good Environmental, Inc., a sub consultant to DAI) for the
Smith Street Power Plant. The Study was distributed for review and comments. The Study recommends
additional test monitoring wells (TMW) at several locations due to "excessively contaminated" soils as
defined by FAC 62-778 and the proximity of the contaminated soils to the property boundaries. The
additional TMWs would delineate potential impacts.
DAI has prepared a change order (CO) for twenty thousand, five hundred dollars ($20,500.00). The
original contract amount is $36,900.00, and acceptance of the CO would increase the project to
$57,400.00.
The CO includes:
• Building Demolition in the contract with DAI. (This was originally omitted from the scope, but
included at Swoope) ($1,000.00). The demolition will be included as an alternate in the RFP
process.
• Six additional concrete cores within the generation building. (The concrete was thicker than
expected and more robust equipment is necessary).
• 23 additional TMWs surrounding the TMWs which detected constituents above "Soil Cleanup
Target Levels" and "Groundwater Cleanup Target Levels". Those TMW are TMW 1,2,4,5, and 6.
The Additional testing will provide a better understanding of the contamination on-site and will allow for
DAI to prepare a more detailed RFP document (Decontamination is part ofthe RFPs for both Swoope and
Smith)
W'
After having a detailed conversation with the consultants, the requested and recommended CO is
reasonable. I am recommending execution of the CO form after Commission approval. I'm available for
diSCUSS~
I've included an AI for review as well.
Derek M. Wainscott, P .E.
Manager of Engineering
Cc:
Brian Bilinski, Director of Finance
Timothy Beyrle, Director of System Operations
Tad Moon, Electric Engineer
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P.AGgNO: .
A'"'"2,
UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, FL
CONTRACT CHANGE ORDER FORM
Change Order No.: _1_ Date of Request:
February 3,2016
Effective Date: _ _ _ _ _ _ __
Owner:
Utilities Commission, City of New Smyrna Beach, FL
Contractor:
Downes Associates, Inc. (DAn
Project Name: Task Order 4, Smith Street Power Plant Decommissioning - Phases 3-5
Owner and Contractor agree to make the following changes to the Contract Documents:
Description of Request:
1) Perform additional soil and groundwater assessment as recommended by G&S Good Environmental,
Inc. in contracted Phase II ESA based upon findings during the site investigation. Provide twenty-three
(23) auger borings, collect and analyze soil samples; installation of fifteen (15) new monitoring wells,
collect and analyze groundwater samples.
2) Revise text oftechnical specifications and description of work to include demolition and removal of all
buildings from the site.
Reason for Change Order:
1) Due to investigation and screenings performed during the Phase II ESA, additional assessment beyond
the original scope of work is needed to perform auger borings, installation of new wells, additional
soil/groundwater testing and modeling.
2) UCNSB requested work addition for the RFP.
List of supporting documents:
• G&S Good Environmental, Inc. Phase II Environmental Site Assessment for Smith Street Power
Plant
See Page 2 for Signatures and Changes in Contract PRICE and SCHEDULE
Page 1 of2
UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, FL
CONTRACT CHANGE ORDER FORM
Change Order No.: ~1=---_ Date of Request: _---=o-Fe=b=ru=a=ry,J.-..:..;3,>....::2=.,,0'-=-1..::..6_
Effective Date: - - - - -
Owner:
Utilities Commission, City of New Smyrna Beach, FL
Contractor:
Downes Associates, Inc. (DAI)
Project Name: Task Order 4, Smith Street Power Plant Decommissioning - Phases 3-5
Owner and Contractor agree to make the following changes to the Contract Documents:
Change in Contract PRICE:
Original Contract Price
$
36,900.00
Net Increase (Decrease) from previous CO
CO No. N/A to --'N'--!!/-"-.A"'----_
°
$
Contract PRICE prior to this CO
$
36,900.00
Change in Contract SCHEDULE (DAYS):
Original Contract Schedule
Substantial Completion: _----"0'---_ _ __
Final Completion: _ _ _ _ _ _ _ __
Net change from previous CO
Substantial Completion: _--"0_ _ _ __
Contract SCHEDULE prior to this CO
Substantial Completion: _----"0'---_ _ __
Net Increase (Decrease) of this CO
1)
2)
$ 19.500.00 + 1,000.00
Net Increase (Decrease) this CO
Substantial Completion: _----"'0_ _ _ __
Contract PRICE with all approved COs
Contract SCHEDULE with all approved COs
Substantial Completion: _-----"0'---_ _ __
$
57.400.00
Prepared and Submitted by:
Approved and Accepted by:
Signature
Alexander M. Grier
Printed Name
Sr. Vice President, DAI
Signature
William R. Mitchum
Printed Name
General Manager/CEO
Title
Date
I
Date
Page 2 of2
ADM. OFFICE
USE ONLY:
AGENDA ITEM
CONSENT ITEM
FOR MEETING OF:
D
NEW BUSINESS
FROM:
D
OLD BUSINESS
SIGNATURE:
D
4-d
February 22,2016
Engineering Manager
Derek Wainscott
EXHmITS: Developer's Agreement and Addendum - Wawa (intersection
of S.R. 44 and Mission Drive) - U.S. Realty 87 New Smyrna Beach Associates. Limited Partnership
SUBJECT: Developer's Agreement and Addendum - Wawa
(intersection ofS.R. 44 and Mission Drive) - U.S. Realty 87 New Smyrna Beach
Associates, Limited Partnership
SUMMARY:
Attached is the Developer's Agreement and Addendum for a Wawa. This is a proposed convenience store/gas station at the
intersection of S.R. 44 and Mission Drive.
Utility extensions are necessary therefore a performance bond is required.
Engineering Department staff has reviewed the plans for this project and recommend that the Developer's Agreement and
Addendum be approved as submitted.
RECOMMENDED ACTION:
A motion to approve the Developer's Agreement and Addendum for a Wawa
(intersection of S.R. 44 and Mission Drive) - U.S. Realty 87 New Smyrna Beach
Associates, Limited Partnership, and authorize the General Manager/CEO or his
designee to execute these documents.
NOTE:
ALL AGENDA ITEMS MUST BE IN THE GENERAL MANAGER'S OFFICE BY NOON MONDAY TWO WEEKS
Page 1 of 16
WaWa - S.R 44 and Mission Drive
DEVELOPER'S AGREEMENT
FOR
WATER, WASTEWATER, AND RECLAIMED WATER SERVICES
This AGREEMENT is made this
day of
, 2016, by and
between the UTILITIES COMMISSION, City of New Smyrna Beach, Florida, hereinafter
referred to as the COMMISSION, and the u.S. REALTY 87 NEW SMYRNA BEACH
ASSOCIATES, LIMITED PARTNERSHIP, OWNER, LICENSED IN THE STATE OF
FLORIDA and authorized to do business in the State of Florida and hereinafter referred to as the
DEVELOPER.
RECITALS
The DEVELOPER owns certain property located in Volusia County, Florida, and
hereinafter referred to as the DEVELOPER's property.
Should the DEVELOPER's property lie outside the limits ofthe Utilities Extension
Map as incorporated in City of New Smyrna Beach Ordinance No. 41-00, approval
of said utility service extension by the City Commission will be required.
Water, wastewater, and reclaimed water service for the DEVELOPER's property shall
be provided in the manner described below and subject to the terms and conditions described
herein.
The COMMISSION is willing to provide water, wastewater, and reclaimed water
service to the DEVELOPER in accordance with and subject to the terms and conditions of this
1
AGREEMENT and applicable rules, regulations, laws and requirements.
Any changes,
additions or deletions made to the language in this AGREEMENT are shown in the attached
Exhibit "B".
The DEVELOPER represents that he expects to develop the property in one (1) phase.
The COMMISSION agrees to provide service for one (1) phase.
The DEVELOPER agrees that the total cost of water, wastewater, and reclaimed water
facilities to be constructed will be paid for by the DEVELOPER.
The parties agree that all terms and conditions of this AGREEMENT shall be performed
within four (4) years of the date of execution by all parties.
Accordingly, in consideration of the RECITALS hereof, for and in consideration of the
mutual understanding and AGREEMENT herein contained and assumed, and other good and
valuable considerations received by each party from the other, the receipt and sufficiency of
which are hereby acknowledged, the parties do hereby agree as follows:
SECTION 2
DEFINITIONS
The parties agree that in construing this AGREEMENT, the following words, phrases,
and terms shall have the following meanings unless the context requires otherwise:
2.1
AGREEMENT
means this DEVELOPER'S AGREEMENT FOR WATER, WASTEWATER,
AND RECLAIMED WATER SERVICE, as it may be amended from time to
time.
2
2.2
WaWa - SR 44 & Mission is the trade name or commercial name of the
improvements described herein,
which are
to
be
constructed
on the
DEVELOPER's property.
2.3
"Collection Facilities"
means the lines, pipes, and appurtenant equipment used to collect sanitary sewage
from building sewers and to convey such sewers to wastewater transmission
facilities.
2.4
"Rate Resolutions"
means all resolutions or tariffs either currently in effect or to be adopted in the
future by the COMMISSION, which establish or fix rates, fees, charges and
deposits for the water, wastewater, and reclaimed water system of the
COMMISSION.
2.5
"Developer's Facilities"
means those collection facilities and distribution facilities necessary to provide
water and wastewater service capacity for 10.1 equivalent residential units,
WATER, estimated to be 3,030 gallons per average day for any total flow and
10.1 equivalent residential units, WASTEWATER, estimated to be 2,525 gallons
per average day total flow, and/or those collection facilities and distribution·
facilities to provide reclaimed water for primary tier users, to be designed and
constructed by the
DEVELOPER, pursuant to
AGREEMENT.
3
SECTION 3 of this
2.6
"DEVELOPER'S Property"
means that land described in EXHIBIT "A" hereof.
2.7
"Distribution Facilities - Water and Reclaimed Water"
means all lines, pipes, and appurtenant equipment to be located on the
DEVELOPER'S property and which are necessary to distribute water from the
water transmission facilities and to distribute reclaimed water from the reclaimed
water transmission facilities to the properties to be served. Distribution facilities
include individual laterals up to the meters, but do not include (1) meters and
meter boxes, which the COMMISSION shall provide in accordance with the
terms and provisions set forth in SECTION 5 hereof, and do not include (2)
individual service lines from the meter to the customer, which shall be installed
by each property owner, its successors' or assigns.
2.8
"GPD"
means gallons per day on an average annual basis.
2.9
"COMMISSION Reclaimed Water System"
means all facilities and interests in real and personal property owned, operated,
managed or controlled by the COMMISSION, now and in the future, and used to
provide reclaimed water service to existing and future customers, or the service
area of the COMMISSION.
2.10
"COMMISSION Wastewater System"
4
provide sewer or wastewater service to existing and future customers, or the
service area of the COMMISSION.
2.11
"COMMISSION Water System"
managed or controlled by the COMMISSION now and in the future and used to
provide water service to existing and future customers, or service area of the
COMMISSION.
2.12
"Plans and Specifications"
means those documents and drawings prepared by the DEVELOPER's engineer
in compliance with the COMMISSION's requirements for the construction of the
DEVELOPER's facilities.
2.13
"Reclaimed Water Capacity Fees"
means those fees and charges established and collected by the COMMISSION to
pay for or recover the capital costs of reclaimed water facilities as set forth from
time to time in the COMMISSION's resolutions.
2.14
"Reclaimed Water Transmission Facilities"
means those lines, pipes, mains, pumps, and appurtenant equipment used to
transmit reclaimed water from the Water Reclamation Facility to the point of
connection with the distribution facilities which are to be constructed by the
DEVELOPER and such facilities are depicted on approved Site Plans for WaWa
- SR 44 & Mission, and are incorporated herein by reference.
5
2.15
"Water Reclamation Facility"
means those treatment and disposal facilities owned by the COMMISSION to
treat sewage to acceptable levels and then to detain, transmit, and dispose of said
treated waste materials in accordance with applicable governmental requirements.
2.16
"Water Treatment Plant"
means those treatment facilities and rights owned by the COMMISSION and
used to treat raw water and produce potable water in accordance with applicable
governmental requirements.
2.17
"Sewage"
means water-carried waste from
institutions,
industrial
residential homes, business buildings,
establishments
and
other
customers
of
the
COMMISSION's wastewater system.
2.18
"Wastewater Capacity Fees"
pay for or recover the capital costs of water reclamation facilities as set forth from
2.19
"Wastewater and Reclaimed Water Service Capacity"
means the rate of sewage flow measured in GPD, for which water reclamation
facilities are designed and are capable of transmitting, treating, and disposing, in
accordance with applicable governmental requirements and regulations.
6
2.20
"Wastewater Transmission Facilities"
means those lines, pipes, force mains, pumps, and appurtenant equipment used to
transmit sewage from the point of connection with the collection facilities which
are to be constructed by the DEVELOPER and such facilities are depicted on
approved Site Plans for WaWa - SR 44 & Mission, and are incorporated herein
by reference.
2.21
"Water Capacity Fees"
pay for or recover the capital costs of water facilities necessary to serve the
property to be connected, as set forth from time to time in the COMMISSION's
Rate Resolutions.
2.22
"Water Service Capacity"
means the rate at which water can be pumped from the ground, treated,
transmitted and distributed, where such amount is measured in gallons per day,
based upon a maximum daily domestic demand, and gallons per minute for a
given duration of fire flows.
2.23
"Water Transmission Facilities"
means those lines, pipes, mains, and appurtenant equipment used to transmit
potable water from the Water Treatment Plant to the point of connection with the
distribution facilities to be constructed by the DEVELOPER and such
distribution facilities are depicted on approved Site Plans for WaWa - SR 44 &
Mission, and are incorporated herein by reference.
7
2.24
"Business Day and Working Day"
These terms are used interchangeably and shall mean weekdays Monday through
Friday, 8:00 a.m. to 5:00 p.m., inclusive, excluding legal holidays.
2.25
"Final Acceptance"
means the OWNERIDEVELOPER has complied with all the requirements per
Developer's Agreement Section 3.5.5, 3.6.1, 3.6.2, 3.7.2 or 3.7.3 and 3.7.4 and
with all the requirements included in the Water Service Rules & Standards,
Wastewater Service Rules & Standards, and Reclaimed Water Service Rules and
Standards.
2.26
"Inspection Fee"
Per COMMISSION Resolution 1-06, an Inspection Fee will be charged to a
DEVELOPER at a rate of $501ERU for water, $501ERU for wastewater, and
$501PTU for reclaimed water for inspection services rendered by the
COMMISSION for the development referenced herein.
2.27
"Disclosure of Beneficial Interest Pursuant to Florida §286.23 Form"
Pursuant to Florida §286.23 (1), any person or entity holding real property in the
form of a partnership, limited partnership, corporation, trust or any form of
representative capacity whatsoever for others, shall, before entering into any
contract whereby such real property held in representative capacity is sold, leased
or taken by eminent domain, or otherwise conveyed to the state or any local
governmental unit, make a public disclosure in writing, under oath, and subject to
the penalties described for perjury, stating the name and address of any and every
person having a beneficial interest in the real property, however small or minimal.
8
The written disclosure shall be made to the local government unit, in this case,
General Manager/CEO, Utilities Commission, City of New Smyrna Beach,
Florida, P.O. Box 100, New Smyrna Beach, Florida 32170-0100. Said disclosure
will be made an integral part of this AGREEMENT and will be referred to as
Exhibit "C".
SECTION 3
DESIGN AND CONSTRUCTION OF DEVELOPER'S FACILITIES
The DEVELOPER agrees as a condition precedent to its receipt of water service
capacity, wastewater service capacity, and reclaimed water service capacity by the
COMMISSION for WaWa - SR 44 & Mission to do the following:
3.1
Design of DEVELOPER's Facilities
As a condition precedent to this right to receIve water servIce capacity,
wastewater service capacity, and reclaimed water service capacity from the
COMMISSION, the DEVELOPER shall, at its expense, cause its own engineer
of record to design, produce and submit to the COMMISSION for its review, and
approval or rejection, prior to construction, graphic plans and written
specifications for the construction of the DEVELOPER's facilities to serve the
WaWa - SR 44 & Mission.
3.2
Approval of Plans and Specifications for DEVELOPER's Facilities
The COMMISSION shall review, and approve or reject, any such plans and
specifications submitted pursuant to subsection 3.1 hereof within forty-five (45)
days after receipt of said plans and specifications.
9
At the DEVELOPER's
expense, the DEVELOPER's Engineers shall make corrections or modifications
to any portion of the plans and specifications which are unacceptable to the
COMMISSION, and shall resubmit the corrected or modified plans and
specifications to the COMMISSION for further review until the COMMISSION
approves the plans and specifications. The COMMISSION shall have, in each
case, thirty (30) additional days within which to approve or reject any such
revisions to said plans and specifications.
3.3
Permitting
The DEVELOPER shall, at its expense, obtain all necessary federal, state and
local permits or approvals required for the construction of the DEVELOPER's
facilities to be constructed pursuant to this AGREEMENT. The DEVELOPER
shall send written copies of all permit applications filed with federal, state or local
governmental entities to the COMMISSION· and shall also provide the
COMMISSION with copies of all written permits, approvals, requests for
additional information, or denials received by the DEVELOPER in connection
with such permit applications.
3.4
Construction of DEVELOPER's Facilities
After the COMMISSION's approval of the plans and specifications for any
phase or portion of the DEVELOPER's facilities, the DEVELOPER shall, at its
expense, construct and install that phase or portion of the DEVELOPER's
facilities as the same are depicted in the COMMISSION's approved plans and
specifications therefor. The DEVELOPER warrants that the DEVELOPER's
facilities to be constructed by it pursuant to this AGREEMENT shall be
10
constructed in accordance with the approved plans and specifications, and also in
accordance with all their applicable state, federal and local laws regulations, rules
and ordinances.
3.5
Inspection and Approval of Construction
1. The COMMISSION shall have the continuing right to enter upon the
described easement areas within which the DEVELOPER's facilities are
constructed to inspect the construction of any such facilities at any time
without prior notice. The COMMISSION shall have the right to disapprove
all or any portion of the DEVELOPER's facilities which are not constructed
in accordance with the approved plans and specifications thereof and shall
give notice within one working day of any construction deficiencies
discovered during the course of any such inspection. Within ten (10) days
after the date the COMMISSION inspects any such facilities, the
COMMISSION shall give written notice to the DEVELOPER of the
existence of construction deficiencies.
2. The written notice of construction deficiencies shall specify the nature of the
particular construction deficiencies. All corrective action shall be done by the
DEVELOPER at its expense.
Upon correction of such deficiencies, the
DEVELOPER shall notify the COMMISSION of the correction(s) and the
COMMISSION shall thereafter reinspect the construction within five (5)
business days from the receipt of said notice.
3. Prior to application for a City or County building permit for any structures
within WaWa - SR 44 & Mission, the DEVELOPER shall give written
notice to the COMMISSION of an anticipated completion of construction of
11
those DEVELOPER's facilities necessary to enable the COMMISSION to
provide water, wastewater, and reclaimed water service to said structures.
Said notice shall specify a date for the COMMISSION's acceptance
inspection (also to be the date when the pressure test, bacteriological test and
any other tests shall be performed), and shall not be less than thirty (30) days
from the date of said notice, provided said date shall not fall on a Saturday,
Sunday, or legal holiday. The COMMISSION shall inspect the construction
of, and witness the tests for, any such DEVELOPER's facilities for which it
has received said written notice.
COMMISSION receives
As soon as possible after the
notification of all
such test results, the
COMMISSION shall prepare and send written notice to the DEVELOPER
of acceptance or the rejection of said facilities.
4. Upon correction of any construction deficiencies discovered during the
inspection referred to in subsection 3.5 (3) hereof, the DEVELOPER shall
notify the COMMISSION of the correction(s) and the date when new tests
and another inspection shall be performed, which date shall be no less than
five (5) business days from the date of receipt of said notice. Upon passage of
all necessary tests, the COMMISSION shall approve the DEVELOPER's
compliance with all other applicable regulations and subsection 3.8 hereof,
assume ownership, control and responsibility for the operation and
maintenance of the same pursuant to SECTION 4 hereof.
5.
The DEVELOPER shall dedicate or grant to the COMMISSION such
easements as may be acceptable to the COMMISSION and reasonably
necessary for the operation and maintenance of the DEVELOPER's facilities
12
for which the COMMISSION accepts operation and maintenance
responsibility pursuant to this AGREEMENT.
6. The time limits for the COMMISSION inspections, reviews, approvals and
rejections of design and construction, set forth herein, shall apply to
inspections, reviews, approvals, and rejections of the DEVELOPER's
facilities only, and shall not bind the COMMISSION with respect to any
other inspections, reviews, approvals and rejections concerning the
7. If the DEVELOPER desires to carry on work at night or outside the Business
Day, the DEVELOPER shall submit application to the COMMISSION, but
DEVELOPER shall allow ample time to enable satisfactory arrangements to
be made for inspecting the work in progress. The COMMISSION will grant
permission unless local regulations prohibit such work or work continues
outside the Business Day for extended periods, at which time DEVELOPER
shall reimburse the COMMISSION for overtime incurred by its inspection
personnel.
If granted permission, DEVELOPER shall comply with all
regulations and legal requirements.
3.6
Conveyance or Dedication of Facilities and Easements
1. No later than ten (10) days after request by the COMMISSION (but prior to
the COMMISSION's fmal acceptance of any phase of the DEVELOPER's
facilities), the DEVELOPER shall provide the COMMISSION an opinion
from DEVELOPER's counsel to the COMMISSION, upon which the
COMMISSION will rely, to the effect that the lands to be encumbered by all
easements to be conveyed or dedicated by the DEVELOPER to the
13
COMMISSION pursuant to this AGREEMENT with respect to that phase or
portion of the DEVELOPER's facilities to be
accepted
by the
COMMISSION for ownership, operation and maintenance are, in fact,
owned by the DEVELOPER, free and clear of all liens (including mechanics'
liens) and encumbrances. In the event that liens and encumbrances exist, they
shah be listed in the opinion, other than those acceptable and approved, in
writing, by the COMMISSION. Such opinion of counsel, when rendered,
may reflect that the lands involved are encumbered by a development
mortgage or mortgages, but any such mortgage or mortgages must be
subordinated to or released from the lands upon which easements are to be
granted to the COMMISSION pursuant to this AGREEMENT at the time
such DEVELOPER's facilities and easements are granted to the
COMMISSION.
2. Prior to final acceptance of the DEVELOPER's facilities for ownership,
operation and maintenance by the COMMISSION the DEVELOPER shall:
(a) convey, grant or dedicate to the COMMISSION, free and clear of all
liens and encumbrances, such easements as are necessary for the
COMMISSION to own, operate, maintain, repair, expand and replace the
DEVELOPER's facilities accepted by the COMMISSION, including all
DEVELOPER's facilities constructed thereon, and (b) transfer and convey
to the extent that the same are transferable all governmental approvals and
permits that will enable the COMMISSION to operate the applicable phase
or portion of those DEVELOPER's facilities and provide water service
capacity, wastewater service capacity, and reclaimed water service capacity
14
(as appropriate) to the DEVELOPER's property, and notify all governmental
agencies of such transfer and conveyance as may be required by law. The
COMMISSION shall review and approve or reject within twenty-one (21)
days after receipt thereof, all documents submitted by the DEVELOPER
pursuant to this subsection 3.6(2).
3.7
Performance and Payment Bond and Maintenance Bond·
1. Prior to the construction of the DEVELOPER's facilities pursuant to
subsection 3.4 hereof, the DEVELOPER shall be required to obtain from
the person undertaking such construction (e.g., the DEVELOPER's
contractor) a performance and payment bond or other security or assurances
acceptable to the COMMISSION securing the DEVELOPER and the
COMMISSION in an amount equal to one hundred percent (100%) of the
amount of the Construction Contract for said facilities in order to guarantee
that said facilities shall be constructed in accordance with the plans and
specifications approved by the COMMISSION and to guarantee payment of
any vendors, subcontractors or laborers furnishing labor or services or
materials for the facilities.
2. Upon the fmal acceptance by the COMMISSION of said phase or portion of
said facilities, the DEVELOPER shall obtain a maintenance bond for the
period of one (1) year from acceptance in a form acceptable to the
COMMISSION, made payable to the COMMISSION, in an amount equal to
twenty-five percent (25%) of the construction cost of said phase or portion of
said facilities in order to guarantee the correction of any defects in
workmanship or materials of said facilities.
15
3. In lieu of providing maintenance bonds as set forth in this subsection 3.7, the
DEVELOPER may, at its option, provide irrevocable letters of credit, drawn
on a bank located and doing business in Volusia County, Florida, made
payable to the COMMISSION in an amount equal to twenty-five percent
(25%) of the construction cost of said phase or portion of said facilities and in
a form acceptable to the COMMISSION.
4. The DEVELOPER shall submit an itemized estimate of construction costs
for the DEVELOPER's facilities prior to final acceptance or approval of such
facilities. This itemized estimate of construction costs submitted from time to
time for the facilities shall be used to determine the amount of the bond or
letter of credit for purposes of this subsection 3.7.
3.8
Effect of Reviews, Inspections, Approvals and Acceptances
Any reviews, inspections, approvals, and acceptances or the absence thereof by
the COMMISSION of the plans and specifications and construction shall not
constitute a waiver of any claims arising from (1) faulty or defective design, (2)
faulty or defective construction, (3) unsettled liens and encumbrances, and (4) tort
claims.
3.9
Expansion and Interconnection by the COMMISSION
The COMMISSION may expand any of the DEVELOPER's facilities which it
accepts pursuant to this AGREEMENT, or interconnect said facilities with other
portions of the COMMISSION's water system, wastewater system, or reclaimed
water system (as appropriate) at any time at its expense.
16
3.10
Save Harmless Clause
The DEVELOPER/OWNER covenants and agrees to indemnify and save
harmless the COMMISSION and to defend it from all costs, expenses, damages,
attorney's fees, injury or loss, to which the COMMISSION may be subjected by
any person, firm, corporation or organization by reason of any wrongdoing,
misconduct, want or need to care of skill, negligence or default or breach of
Contract, guaranty, or warranty, by the DEVELOPER/OWNER, his employees,
his agent or assigns.
SECTION 4
OPERATION AND MAINTENANCE OF DEVELOPER'S FACILITIES
Subject to the DEVELOPER's compliance with SECTIONS 3, 5, and 7 hereof, the
COMMISSION or its successors shall accept ownership and assume responsibility for the
operation and maintenance of those DEVELOPER's facilities for which the COMMISSION
has approved the design, construction, and documents specified in subsection 3.6, up to,
including, but not further than, the location of each individual water meter, sanitary sewer
service connection cleanout, or individual reclaimed water meter. The number and size of water
meters necessary to provide water service capacity to the DEVELOPER's property shall be
determined by the COMMISSION in accordance with the COMMISSION's rate resolutions.
The COMMISSION shall not be responsible for the operation and maintenance of any
DEVELOPER's facilities located outside easements granted to the COMMISSION pursuant to
subsection 3.6 hereof. Upon acceptance of ownership and assumption of the responsibility for
the operation and maintenance of any such DEVELOPER's facilities by the COMMISSION as
contemplated in this AGREEMENT, all customers of those facilities shall be deemed customers
17
of the COMMISSION's water system, wastewater system, and reclaimed water
system~
and the
COMMISSION shall set and collect all water, wastewater, and reclaimed water rates, fees,
charges and deposits for those facilities, without exception, in accordance with COMMISSION
rate resolutions. In addition to other applicable requirements, all property owners and customers
must provide at their expense necessary individual service lines as a condition precedent to
receiving water service capacity, wastewater service capacity, and reclaimed water service
capacity from the COMMISSION.
Applicable capacity fees for water, wastewater and reclaimed water services will be paid
prior to issuance of building permits.
The DEVELOPER's contractual rights, duties and responsibilities herein shall not be
assignable unless agreed to, in writing, by the COMMISSION.
18
SECTIONS
CAPACITY FEE PAYMENTS
TOTAL NUMBER ERU'S & PTU'S:
WASTEWATER
10.1
x $1,250.00 per ERU = $ 12,625.00
WATER
10.1
x $1,250.00 per ERU = $ 12,625.00
RECLAIMED WATER
N/A
x$ 970.00 per PTU = $
TOTAL CAPACITY FEES
N/A
$ 25,250.00
INSPECTION FEE Water
10.1
x$
50.00 per ERU = $
505.00
10.1
x$
50.00 per ERU = $
505.00
N/A
x$
50.00 per ERU = $
N/A
TOTAL INSPECTION FEES
$
1,010.00
TOTAL CAPACITY AND INSPECTION FEES
$ 26,260.00
INSPECTION FEE Wastewater
INSPECTION FEE Reclaimed Water
PAYMENT FOR ALL INSPECTION FEES SHALL BE DUE AND PAYABLE UPON
EXECUTION OF TillS AGREEMENT.
APPLICABLE CAPACITY FEES FOR WATER, WASTEWATER, AND RECLAIMED
WATER SERVICES WILL BE PAID PRIOR TO ISSUANCE OF BUILDING PERMITS.
THE DEVELOPER'S CONTRACTUAL RIGHTS, DUTIES AND RESPONSIBILITIES
HEREIN SHALL NOT BE ASSIGNABLE UNLESS AGREED TO, IN WRITING, BY
THE COMMISSION.
19
SECTION 6
REBATES, CREDITS, AND/OR COMMISSION PARTICIPATION
REBATES:
TOTAL REBATES
$
N/A
WATER AND WASTEWATER CAPACITY FEE CREDITS:
TOTAL CREDITS $
N/A
$
N/A
COMMISSION PARTICIPATION:
TOTAL COMMISSION PARTICIPATION
COMMISSION PARTICIPATION IS AN ESTIMATED AMOUNT PURSUANT TO
TIDS AGREEMENT AND SHALL BE NON-BINDING ON THE COMMISSION UNTIL
FINAL COMMISSION PARTICIPATION HAS BEEN DETERMINED AFTER FINAL
ACCEPTANCE AND AS-BUILT PLANS HAVE BEEN SUBMITTED TO THE
COMMISSION.
20
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed in
their respective name, by their proper officers and their seals to be affixed this
day of
_ _ _ _ _ _ _ _ , 2016.
Signed, Sealed and Delivered in the presence of:
Company Name: U.S. REALTY 87 NEW
SMYRNA BEACH ASSOCIATES, LIMITED
PARTNERSHIP
FOR THE DEVELOPER:
Name: Mar Hoffman
Title:'
LP-
Red
(CORPORATE SEAL)
.
Gkk
.,,-J _ _
STATE OF _ _rvJ----,,·
COUNTY 0 F __i;2-"<;=-.;)"5'~:J,,,,-Y-,-·_
- .:.V-Lf_'-_f0:. . . .:Gi: . ! ·~)
Before me, personally appeared MARK HOFFMAN, _ _
_Gs---=-.. _k....:...Je-=--_ __
U.S. REALTY 87 NEW SMYRNA BEACH ASSOCIATES, LIMITED PARTNERSHIP, well
known and known to be the person acknowledged to and before me that he/she executed said
instrument for the purposes therein expressed.
-r
;:x;.
WITNESS my hand and official seal in the County and State last aforesaid, this
dayof""ThVlLXVY
"A~ ~
,2016.
Notary Public, State ofFloridaNJ
My commission expires:
AIMEE L. FISCHBECK
1/.::;/ a06.0
OOTARY PU8UC Of NEW JERSEY
10 i# 50007862
Mlf Comm!sslon Explres tl5!202O
UTILITIES COMMISSION, CITY OF
GENERAL MANAGER/CEO
Approved as to form and correctness:
UTILITIES COMMISSION ATTORNEY
21
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein below is situated In the County of Volusia. State of Florida, and is
described as follows:
A PARCEL OF LAND LYING IN THE SOUTHWEST 114 OF THE NORTHWEST 114 OF
SECTION 19, TOWNSHIP 17 SOlITB, RANGE 34 EAST. VOLUSIA COUNTY. FLORIDA
Al'ID INCLUDING A PART OF THE J. MIER LOT AS RECORDED IN MAP BOOK 16,
PAGE 100 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FROM A POINT OF REFERENCE, SAID POINT BEING TI-IE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY OF FIRST AVE. PROJECTED NORTfllilU,Y TO THE
SOUTHERLy RIGHT-Ol~-WA Y OF STATE ROAD NO. 44 AS SHOWN ON THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION RIGH'f..oF-WAY MAP SHEETS 9, 10
AND ] 1, SECTION NO. 79070-2516, DATED JANUARY 4, 1977, THENCE SOlo13'Ol"E
ALONG THE SAJD WESTERLY RIGHT-OF-WAY OF FIRST A VB- A mSTANCE OF 924.87
fEET TO THE SOUTHERLY LINE OF THE AFORESAID SOUTHWEST 114 OF THE
NORTHWEST 114 OF SECTION 19, THENCE N89°59'03"W ALONG THE SAID
SOUTHERLY LINE A DISTANCE OF 812.13 FEET; THENCE RUN N27°28'24"W ALONG
THE NORTHEAST LINE AS DESCRIBED IN OFFICIAL RECORDS BOOK 4248, PAGE
4762, PUBLIC RECORDS OF VOLUSlA COUNTY, FLORIDA, A DISTANCE OF 107.80
FEET TO THE BEGINNING OF A CURVE, CONCAVB TO THE SOUTHWEST, HA VlNG A
RADIUS OF 11,414.16 FEET; THENCE CONTINUE NORTHWESTERLY ALONG SAID
EASTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 00°47'22", AN ARC DISTANCE OF 151.30 FEET; THENCE RUN N72°52'04"E,
A DISTANCE OF 180.63 FEET TO THE POINT OF BEGINNING; THENCE RUN
N24°45'51"W, A DISTAl"lCB OF 270.77 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF
A 20.00 FOOT PLAITED ROAD (VACATED PER O.R. BOOK 2237, PAGE 1555
THROUGH 1560 OF THE PUBLIC RECORDS OF VOLUSlA COUNTY, FLORIDA);
THENCE RUN S72°5S'19"W ALONG THE SAID SOUTHERLY RIGHT-Of-WAY, A
DISTANCE OF 29.23 FEET; THENCE RUN N24°4S'46"W, A DISTANCE OF 2.74 FEET TO
THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD NO. 44; THENCE RUN
N63 Q03'13"E ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 274.71
FEET; THENCE RUN S27°37'59"E, A mST ANCE OF 290.02 fEET; '[HENCE RUN
S63 03'13"W, A DISTANCE OF 260.26 FEET; THENCE RUN N24°45'5!"W, A DISTANCE
OF 11.66 FEET TO THE POINT OF BEO INNING.
Q
CONTAINS 73,520 SQUARE FEET OR 1.688 ACRES, MORE OR LESS.
22
EXHIBIT "B"
No Changes, Additions or Deletions to this Agreement.
23
EXHIBIT
"c"
DISCLOSURE OF BENEFICIAL INTEREST PURSUANT TO
FLORIDA §286.23
fI~
STATE OF _1_\j'J_ __
COUNTY OF ~:;.-x
V'f7-ilc:cj G4k
Before me, the undersigned authority, personally appeared MARK HOFFMAN,
U.S. REALTY 87 NEW SMYRNA BEACH ASSOCIATES, LIMITED PARTNERSHIP, who,
being by me first duly sworn, on oath deposes and says:
Mark- 4-kttil1 and
1. That my name is
Turnpike, Short Hills, New Jersey 07078.
my address is 820 Morris
2. That the names and addresses of every person having a beneficial interest in the real
property described in Exhibit "A" attached hereto, are as follows:
Mark Hoffman
820 Morris Turnpike
Short Hills, NJ 07078
3. That this disclosure is made pursuant to §286.23, Florida Statutes, and under oath
and subject to the penalties prescribed for perjury.
MARK HOFFMAN
VP-fg1,/
Title:
.
5-h1c:_
U.S. REALTY 87 NEW SMYRNA BEACH ASSOCIATES, LIMITED PARTNERSHP
Sworn to and subscribed before me
this ~S""'" day of Jo..\l)uo..'fY
,2016.
A~ti; -i;JJeA
NotarY Public
AIMCELFISCHBECK
t(1I'lRf PUBlIC OF NEW.BtSEV
no # 50007862
~ Coomsslon lExpl~ 1I5J2.02l))
24
ADDENDUM TO THE DEVELOPER AGREEMENT
This ADDENDUM TO THE DEVELOPER AGREEMENT is made this
day of
_ _ _ _ _ _, 2016, by and between the UTILITIES COMMISSION, City of New
Smyrna Beach, Florida, hereinafter referred to as the COMMISSION, and U.S. REALTY 87
NEW SMYRNA BEACH ASSOCIATES, LIMITED PARTNERSIDP, OWNER,
LICENSED IN THE STATE OF FLORIDA and authorized to do business in the State of Florida
and hereinafter referred to as the DEVELOPER.
WHEREAS, the COMMISSION and DEVELOPER entered into a DEVELOPER'S
AGREEMENT FOR WATER, WASfEWATER, RECLAIMED WATER, AND ELECTRIC ENERGY
SERVICES on
, 2016 which provides for services to the Developer by
the Commission;
WHEREAS, the utility infrastructure (involving electric, water, wastewater, and reclaimed
water supply facilities herein referred to as utility infrastructure) of the COMMISSION to
support growth as planned is impacted by the aggregate of all surrounding development;
WHEREAS, to apportion the costs for the utility infrastructure needs to support a given area, the
COMMISSION desires to fairly apportion costs to the DEVELOPER for the future or existing
infrastructure to meet needs to serve multiple developments of differing size, use, and scope;
and,
WHEREAS, in recognition of the benefits of conceptual long-range planning for the build out of
an area pursuant to the comprehensive plan, and detailed planning for specific areas, consistent
with the comprehensive plan; to further the intent of Florida Statutes s. 163.3177(11) which
supports innovative and flexible planning and development strategies, and the purposes of
Chapter 163, Florida Statutes, and to avoid the disproportionate distribution of costs upon
existing customers for necessary services for new customers;
ACCORDINGLY, in consideration of the RECITALS hereof, for and in consideration of the
mutual understanding and agreement herein contained and assumed, and other good and valuable
considerations received by each party from the other, the receipt and sufficiency of which are
hereby acknowledged, the parties do hereby AGREE as follows:
ARTICLE I
DEFINITIONS
The parties agree that in construing this ADDENDUM, the words, phrases, and tenus herein
shall have the same meanings as defmed in the DEVELOPER'S AGREEMENT FOR WATER,
WASTEWATER, RECLAIMED WATER, AND ELECTRIC ENERGY SERVICES except as
provided below:
1.1.
ERU means the equivalent residential unit and is defmed as used in UCNSB
"Rates Charges and Fees Summary" as follows; SECTION II for water, SECTION III
for waste water, and Section IV for reclaimed water. For electric energy an ERU is
defmed as a single phase service with a Main Breaker rating of up to 200 amps, each
additional 100 amps of rated capacity or fraction thereof is an additional ERU. Three
25
phase service is calculated the same multiplied by a factor of 3.0. EXAMPLE: a 300
amp service is 2.0 ERU if single phase, 6.0 ERU if 3 phase.
1.2.
FINAL PERMIT - This is the time when the applicant and the UC have both
approved and formally executed this agreement
ARTICLE II
INFRASTRUCTURE PAYMENTS
DEVELOPER shall pay into an interest bearing escrow account the amount as set forth below in
the DEVELOPER CONTRlBUTIONS TO INFRASTRUCTURE to pay for such infrastructure
improvements necessary to support the planned growth. The UTILITIES COMMISSION shall
use all or a portion of such escrowed monies at any time for said utility infrastructure
improvements as deemed necessary by said UTILITIES COMMISSION.
ARTICLE III
ADJUSTMENTS TO INFRASTRUCTURE PAYMENTS
If the DEVELOPER alters the Plans and Specifications to the DEVELOPER's facilities and is
re-permitted for such alterations, and the number of ERUs is affected, the amount paid hereby
shall be adjusted upward or downward accordingly.
ARTICLE IV
TIME FOR PAYMENT
Payment shall be made, in full, at or before the time of the issuance of the Final Permit for
construction. Upon payment, the Utilities Commission will issue paid receipts and execute
permit applications for U.C. services (electric, water, wastewater and reclaimed water).
ARTICLE V
USE OF INFRASTRUCTURE PAYMENTS
The amounts collected shall be used for the design and improvement of the utility infrastructure
and supporting systems.
ARTICLE VI
REVISION OF CALCULATION OF INFRASTRUCTURE PAYMENTS
If the calculation for each ERU shall be revised downward prior to Final Permit being issued to
DEVELOPER, DEVELOPER shall be reimbursed any difference from the calculation thereof
and the amount paid. If plans are changed resulting in a higher recalculated ERU count, the
payment shall be revised upward accordingly at the rate in effect at the time of revision, and paid
prior to revised construction proceeding.
26
ARTICLE VII
COMMUNITY DEVELOPMENT DISTRICT
Should the Utilities Commission participate in the future in a Community Development District
or other appropriate funding mechanism to finance such utility infrastructure, such remaining
monies deposited in an escrow account herein referred will be returned after such contributing
developer participates in such other funding mechanism whereby the Utilities Commission will
be equally compensated for such utility infrastructure.
ARTICLE VIII
ASSIGNMENT
Developer may assign all of the right, title and interest in and to and under this Addendum,
subject, however, to the express condition precedent that the written consent is first obtained
from the Utilities Commission. Assignee agrees to perform all of the duties and obligations of
Developer under the agreement. If Developer has provided a Guarantee of Payment for the
monies subject to this Addendum or its related Agreement in any form; (i.e. Irrevocable Letter of
Credit), said Guarantee of Payment shall remain in effect until the obligations hereto have been
paid in full or Assignee institutes a subsequent Guarantee of Payment to the Satisfaction of the
Utilities Commission.
(the rest of the page is left blank intentionally)
27
DEVELOPER CONTRIBUTIONS TO UTILITY INFRASTRUCTURE*
TOTAL NUMBER ERU'S & PTU'S: PROGRAM YEAR 10, ZONE 2
WASTEWATER Supply
_ _-=->10,,-,-,.1,-- per ERU x $
659.68
= $ 6,662.77
WATER Supply
_ _-,,1,-,,-0-,-=.1_per ERU x $
669.76
=
RECLAIMED WATER Supply
ELECTRICAL Supply
N/A
perERU/PTUx$ N/A
_ _ _*....::;3-=..3_ per ERU x $ 441.10
$ 6,764.58
= =-----=-"'-"--'"
$
N/A
=
$ 14,556.30
* Distances, water-related line size, and costs will be determined from published studies or
existing infrastructure maps applied to meet code, standards, and UC requirements and use most
recent costs for supply. Electrical distances, load ratings, and costs will be determined from
published studies or existing infrastructure maps applied to meet code, standards, and UC
requirements and use most recent costs for transmission and subtransmission supply circuits.
The UC's utility cost infrastructure plan will be used to calculate the costs per ERU/PTU and
exclusively reserves the right to change such plan for future applications. Rates may be adjusted
by the UC after one year initially and as often as yearly thereafter.
**Based on one 1200 amp three-phase electric service.
TOTAL DEVELOPER CONTRIBUTIONS TO UTILITY INFRASTRUCTURE*
= $ 27,983.65
28
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed in their
respective name, by their proper officers and their seals to be affixed this
day of
_ _ _ _ _ _ _ _, 2016.
FOR THE DEVELOPER:
Company Name: U.S. REALTY 87 NEW
SMYRNA BEACH ASSOCIATES, LIMITED
PARTNERSHIP
'~~?~."'.""
~
:9./~"/~
___
Name:~~·
(CORPORATE SEAL)
STATE OF _..1...::';I0T~J
__
COUNTY OF _E--=;'25=?Z~;:>,.0,,-,,--_
J0c./ EStJc,
Before me, personally appeared MARK HOFFMAN, tP
U.S. REALTY 87
NEW SMYRNA BEACH ASSOCIATES, LIMITED PARTNERSHIP, well known and known
to be the person acknowledged to and before me that he/she executed said instrument for the
purposes therein expressed.
~
DD
wrr~n~ss
dayof
my hand and official seal in the County and State last aforesaid, this
~o.V\<XJ.'t
k~£
,2016.
Notary Public,
My commission expires: \
hI~oo..O
State-t)[~aN J
AIMEE l. FISCHBECK
NOTARY PUBlIC OF NEW JERSEY
iD
(#
50007862
lt~J Commlssloo ExpIres 1!5i2ffl!j
GENERAL MANAGER/CEO
29
",
/
--===='-' \---------_.. _--_.
Summary: WaWa is a proposed convenience store/gas station at the intersection of S.R. 44 and
Mission Drive. A construction bond is required.
30
ADM. OFFICE
USE ONLY:
AGENDA ITEM
CONSENT ITEM
FOR MEETING OF:
o
NEW BUSINESS
FROM:
o
OLD BUSINESS
SIGNATURE:
o
4-e
February 22, 2016
Engineering Manager
Derek Wainscott
EXHIBITS: Developer's Agreement and Addendum - EV Charging Station
(Indian River Plaza - 3rd Ave.) - Samuel R. Sutton Trust/Owner & NRG EV Services LLC
SUBJECT: Developer's Agreement and Addendum - EV Charging
Station (Indian River Plaza - 3rd Ave.) - Samuel R. Sutton Trust / NRG EV
Services LLC
SUMMARY:
Attached is the Developer's Agreement and Addendum for an EV Charging Station. This is a proposed electric vehicle
charging station located at the Indian River Plaza on 3rd Avenue.
Utility extensions are not necessary therefore a performance bond is not required.
Engineering Department staff has reviewed the plans for this project and recommend that the Developer's Agreement and
Addendum be approved as submitted.
RECOMMENDED ACTION:
A motion to approve the Developer's Agreement and Addendum for an EV
Charging Station (Indian River Plaza - 3rd Avenue) - Samuel R. Sutton Trust /
NRG BV Services LLC, and authorize the General Manager/CEO or his
designee to execute these documents.
NOTE:
PRIOR TO THE REGULAR MONDAY COMMISSION MEErING.
Page 1 of 18
EV Charging Station at Indian River Plaza
DEVELOPER'S AGREEMENT
FOR
WATER, WASTEWATER, AND RECLAIMED WATER SERVICES
This AGREEMENT is made this _ _ _ day of _ _ _ _ _ _, 2016, by and
between the UTILITIES COMMISSION, City of New Smyrna Beach, Florida, hereinafter
referred to as the COMMISSION, and SAMUEL R. SUTTON TRUST, OWNER (PARCEL
NO. 7416-00-00-0311), and NRG EV SERVICES LLC, CORPORATION, LICENSED IN
THE STATE OF FLORIDA and authorized to do business in the State of Florida and hereinafter
referred to as the DEVELOPER.
RECITALS
The DEVELOPER owns certain property located in Volusia County, Florida, and
hereinafter referred to as the DEVELOPER's property.
Should the DEVELOPER's property lie outside the limits of the Utilities Extension
Map as incorporated in City of New Smyrna Beach Ordinance No. 41-00, approval
of said utility service extension by the City Commission will be required.
Water, wastewater, and reclaimed water service for the DEVELOPER's property shall
be provided in the manner described below and subj ect to the terms and conditions described
herein.
The COMMISSION is willing to provide water, wastewater, and reclaimed water
service to the DEVELOPER in accordance with and subject to the terms and conditions of this
1
AGREEMENT and applicable rules, regulations, laws and requirements.
Any changes,
additions or deletions made to the language in this AGREEMENT are shown in the attached
Exhibit "B".
The DEVELOPER represents that he expects to develop the property in one (1) phase.
The COMMISSION agrees to provide service for one (1) phase.
The DEVELOPER agrees that the total cost of water, wastewater, and reclaimed water
facilities to be constructed will be paid for by the DEVELOPER.
The parties agree that all terms and conditions of this AGREEMENT shall be performed
within four (4) years of the date of execution by all parties.
Accordingly, in consideration of the RECITALS hereof, for and in consideration of the
mutual understanding and AGREEMENT herein contained and assumed, and other good and
valuable considerations received by each party from the other, the receipt and sufficiency of
which are hereby acknowledged, the parties do hereby agree as follows:
SECTION 2
DEFINITIONS
The parties agree that in construing this AGREEMENT, the following words, phrases,
and terms shall have the following meanings unless the context requires otherwise:
2.1
AGREEMENT
means this DEVELOPER'S AGREEMENT FOR WATER, WASTEWATER,
AND RECLAIMED WATER SERVICE, as it may be amended from time to
time.
2
2.2
EV Charging Station at Indian River Plaza is the trade name or commercial
name of the improvements described herein, which are to be constructed on the
2.3
"Collection Facilities"
means the lines, pipes, and appurtenant equipment used to collect sanitary sewage
from building sewers and to convey such sewers to wastewater transmission
facilities.
2.4
"Rate Resolutions"
means all resolutions or tariffs either currently in effect or to be adopted in the
future by the COMMISSION, which· establish or fix rates, fees, charges and
deposits for the water, wastewater, and reclaimed water system of the
COMMISSION.
2.5
"Developer's Facilities"
means those collection facilities and distribution facilities necessary to provide
water and wastewater service capacity for NtA equivalent residential units,
WATER, estimated to be NtA gallons per average day for any total flow and NtA
equivalent residential units, WASTEWATER, estimated to be NtA gallons per
average day total flow, and/or those collection facilities and distribution facilities
to provide reclaimed water for primary tier users, to be designed and constructed
by the DEVELOPER, pursuant to SECTION 3 of this AGREEMENT.
3
2.6
"DEVELOPER'S Property"
means that land described in EXHIBIT "A" hereof.
2.7
"Distribution Facilities - Water and Reclaimed Water"
means all lines, pipes, and appurtenant equipment to be located on the
DEVELOPER'S property and which are necessary to distribute water from the
water transmission facilities and to distribute reclaimed water from the reclaimed
water transmission facilities to the properties to be served. Distribution facilities
include individual laterals up to the meters, but do not include (1) meters and
meter boxes, which the COMMISSION shall provide in accordance with the
terms and provisions set forth in SECTION 5 hereof, and do not include (2)
individual service lines from the meter to the customer, which shall be installed
by each property owner, its successors or assigns.
2.8
"GPD"
means gallons per day on an average annual basis.
2.9
"COMMISSION Reclaimed Water System"
provide reclaimed water service to existing and future customers, or the service
area of the COMMISSION.
2.10
"COMMISSION Wastewater System"
4
provide sewer or wastewater service to existing and future customers, or the
service area of the COMMISSION.
2.11
"COMMISSION Water System"
managed or controlled by the COMMISSION now and in the future and used to
provide water service to existing and future customers, or service area of the
COMMISSION.
2.12
"Plans and Specifications"
means those documents and drawings prepared by the DEVELOPER's engineer
in compliance with the COMMISSION's requirements for the construction of the
DEVELOPER's facilities.
2.13
"Reclaimed Water Capacity Fees"
pay for or recover the capital costs of reclaimed water facilities as set forth from
2.14
"Reclaimed Water Transmission Facilities"
means those lines, pipes, mains, pumps, and appurtenant equipment used to
transmit reclaimed water from the Water Reclamation Facility to the point of
connection with the distribution facilities which are to be constructed by the
DEVELOPER and such facilities are depicted on N/A, and are incorporated
herein by reference.
5
2.15
"Water Reclamation Facility"
means those treatment and disposal facilities owned by the COMMISSION to
treat sewage to acceptable levels and then to detain, transmit, and dispose of said
treated waste materials in accordance with applicable governmental requirements.
2.16
"Water Treatment Plant"
means those treatment facilities and rights owned by the COM.MISSION and
used to treat raw water and produce potable water in accordance with applicable
governmental requirements.
2.17
"Sewage"
means water-carried waste
institutions,
industrial
from residential homes,
establishments
and
other
business buildings,
customers
of
the
COMMISSION's wastewater system.
2.18
"Wastewater Capacity Fees"
pay for or recover the capital costs of water reclamation facilities as set forth from
2.19
"Wastewater and Reclaimed Water Service Capacity"
means the rate of sewage flow measured in GPD, for which water reclamation
facilities are designed and are capable of transmitting, treating, and disposing, in
accordance with applicable governmental requirements and regulations.
6
2.20
"Wastewater Transmission Facilities"
means those lines, pipes, force mains, pumps, and appurtenant equipment used to
transmit sewage from the point of connection with the collection facilities which
are to be constructed by the DEVELOPER and such facilities are depicted on
N/A, and are incorporated herein by reference.
2.21
"Water Capacity Fees"
pay for or recover the capital costs of water facilities necessary to serve the
property to be connected, as set forth from time to time in the COMMISSION's
Rate Resolutions.
2.22
"Water Service Capacity"
means the rate at which water can be pumped from the ground, treated,
transmitted and distributed, where such amount is measured in gallons per day,
based upon a maximum daily domestic demand, and gallons per minute for a
given duration of fire flows.
2.23
"Water Transmission Facilities"
means those lines, pipes, mains, and appurtenant equipment used to transmit
potable water from the Water Treatment Plant to the point of connection with the
distribution facilities to be constructed by the DEVELOPER and such
distribution facilities are depicted on N/A, and are incorporated herein by
reference.
7
2.24
"Business Day and Working Day"
These terms are used interchangeably and shall mean weekdays Monday through
Friday, 8:00 a.m. to 5:00 p.m., inclusive, excluding legal holidays.
2.25
"Final Acceptance"
means the OWNERIDEVELOPER has complied with all the requirements per
Developer's Agreement Section 3.5.5, 3.6.1, 3.6.2, 3.7.2 or 3.7.3 and 3.7.4 and
with all the requirements included in the Water Service Rules & Standards,
Wastewater Service Rules & Standards, and Reclaimed Water Service Rules and
Standards.
2.26
"Inspection Fee"
Per COMMISSION Resolution 1-06, an Inspection Fee will be charged to a
DEVELOPER at a rate of $501ERU for water, $501ERU for wastewater, and
$50/PTU for reclaimed water for inspection services rendered by the
COMMISSION for the development referenced herein.
2.27
"Disclosure of Beneficial Interest Pursuant to Florida §286.23 Form"
Pursuant to Florida §286.23 (1), any person or entity holding real property in the
form of a partnership, limited partnership, corporation, trust or any form of
representative capacity whatsoever for others, shall, before entering into any
contract whereby such real property held in representative capacity is sold, leased
or taken by eminent domain, or otherwise conveyed to the state or any local
governmental unit, make a public disclosure in writing, under oath, and subject to
the penalties described for perjury, stating the name and address of any and every
person having a beneficial interest in the real property, however small or minimal.
8
The written disclosure shall be made to the local government unit, in this case,
General Manager/CEO, Utilities Commission, City of New Smyrna Beach,
Florida, P.O. Box 100, New Smyrna Beach, Florida 32170-0100. Said disclosure
will be made an integral part of this AGREEMENT and will be referred to as
Exhibit "C".
SECTION 3
DESIGN AND CONSTRUCTION OF DEVELOPER'S FACILITIES
The DEVELOPER agrees as a condition precedent to its receipt of water servIce
capacity, wastewater service capacity, and reclaimed water service capacity by the
COMMISSION for NRG EV Services LLC to do the following:
3.1
Design of DEVELOPER's Facilities
As a condition precedent to this right to receIve water servIce capacity,
wastewater service capacity, and reclaimed water service capacity from the
COMMISSION, the DEVELOPER shall, at its expense, cause its own engineer
of record to design, produce and submit to the COMMISSION for its review, and
approval or rejection, prior to construction, graphic" plans and written
specifications for the construction of the DEVELOPER's facilities to serve the
NRG EV Services LLC EV Charging Station at Indian River Plaza.
3.2
Approval of Plans and Specifications for DEVELOPER's Facilities
The COMMISSION shall review, and approve or reject, any such plans and
specifications submitted pursuant to subsection 3.1 hereof within forty-five (45)
days after receipt of said plans and specifications.
9
At the DEVELOPER's
expense, the DEVELOPER's Engineers shall make corrections or modifications
to any portion of the plans and specifications which are unacceptable to the
COMMISSION, and shall resubmit the corrected or modified plans and
specifications to the COMMISSION for further review until the COMMISSION
approves the plans and specifications. The COMMISSION shall have, in each
case, thirty (30) additional days within which to approve or reject any such
revisions to said plans and specifications.
3.3
Permitting
The DEVELOPER shall, at its expense, obtain all necessary federal, state and
local permits or approvals required for the construction of the DEVELOPER's
facilities to be constructed pursuant to this AGREEMENT. The DEVELOPER
shall send written copies of all permit applications filed with federal, state or local
governmental entities to the COMMISSION and shall also provide the
COMMISSION with copies of all written permits, approvals, requests for
additional information, or denials received by the DEVELOPER in conriection
with such permit applications.
3.4
Construction of DEVELOPER's Facilities
After the COMMISSION's approval of the plans and specifications for any
phase or portion of the DEVELOPER's facilities, the DEVELOPER shall, at its
expense, construct and install that phase or portion of the DEVELOPER's
facilities as the same are depicted in the COMMISSION's approved plans and
specifications therefor. The DEVELOPER warrants that the DEVELOPER's
facilities to be constructed by it pursuant to this AGREEMENT shall be
10
constructed in accordance with the approved plans and specifications, and also in
accordance with all their applicable state, federal and local laws regulations, rules
and ordinances.
3.5
Inspection and Approval of Construction
1. The COMMISSION shall have the continuing right to enter upon the
described easement areas within which the DEVELOPER's facilities are
constructed to inspect the construction of any such facilities at any time
without prior notice. The COMMISSION shall have the right to disapprove
all or any portion of the DEVELOPER's facilities which are not constructed
in accordance with the approved plans and specifications thereof and shall
give notice within one working day of any construction deficiencies
discovered during the course of any such inspection. Within ten (10) days
after the date the COMMISSION inspects any such facilities, the
COMMISSION shall give written notice to the DEVELOPER of the
existence of construction deficiencies.
2. The written notice of construction deficiencies shall specify the nature of the
particular construction deficiencies. All corrective action shall be done by the
DEVELOPER at its expense.
Upon correction of such deficiencies, the
DEVELOPER shall notify the COMMISSION of the correction(s) and the
COMMISSION shall thereafter reinspect the construction within five (5)
business days from the receipt of said notice.
3. Prior to application for a City or County building pennit for any structures
within the NRG EV Services LLC EV Charging Station at Indian River
Plaza, the DEVELOPER shall give written notice to the COMMISSION of
11
an anticipated completion of construction of those DEVELOPER's facilities
necessary to enable the COMMISSION to provide water, wastewater, and
reclaimed water service to said structures. Said notice shall specify a date for
the COMMISSION's acceptance inspection (also to be the date when the
pressure test, bacteriological test and any other tests shall be performed), and
shall not be less than thirty (30) days from the date of said notice, provided
said date shall not fall on a Saturday, Sunday, or legal holiday.
The
COMMISSION shall inspect the construction of, and witness the tests for,
any such DEVELOPER's facilities for which it has received said written
notice. As soon as possible after the COMMISSION receives notification of
all such test results, the COMMISSION shall prepare and send written notice
to the DEVELOPER of acceptance or the rejection of said facilities.
4. Upon correction of any construction deficiencies discovered during the
inspection referred to in subsection 3.5 (3) hereof, the DEVELOPER shall
notify the COMMISSION of the correction(s) and the date when new tests
and another inspection shall be performed, which date shall be no less than
five (5) business days from the date of receipt of said notice. Upon passage of
all necessary tests, the COMMISSION shall approve the DEVELOPER's
compliance with all other applicable regulations and subsection 3.8 hereof,
assume ownership, control and responsibility for the operation and
maintenance of the same pursuant to SECTION 4 hereof.
5.
The DEVELOPER shall dedicate or grant to the COMMISSION such
easements as may be acceptable to the COMMISSION and reasonably
necessary for the operation and maintenance of the DEVELOPER's facilities
12
for which the COMMISSION accepts operation and maintenance
responsibility pursuant to this AGREEMENT.
6. The time limits for the COMMISSION inspections, reviews, approvals and
rejections of design. and construction, set forth herein, shall apply to
inspections, reviews, approvals, and rejections of the DEVELOPER's
facilities only, and shall not bind the COMMISSION with respect to any
other inspections, reviews, approvals and rejections concerning the
7. If the DEVELOPER desires to carry on work at night or outside the Business
Day, the DEVELOPER shall submit application to the COMMISSION, but
DEVELOPER shall allow ample time to enable satisfactory arrangements to
be made for inspecting the work in progress. The COMMISSION will grant
permission unless local regulations prohibit such work or work continues
outside the Business Day for extended periods, at which time DEVELOPER
shall reimburse the COMMISSION for overtime incurred by its inspection
personnel.
If granted permission, DEVELOPER shall comply with all
regulations and legal requirements.
3.6
Conveyance or Dedication of Facilities and Easements
1. No later than ten (10) days after request by the COMMISSION (but prior to
the COMMISSION's fmal acceptance of any phase of the DEVELOPER's
facilities), the DEVELOPER shall provide the COMMISSION an opinion
from DEVELOPER's counsel to the COMMISSION, upon which the
COMMISSION will rely, to the effect that the lands to be encumbered by all
easements to be conveyed or dedicated by the DEVELOPER to the
13
COMMISSION pursuant to this AGREEMENT with respect to that phase or
portion of the
DEVELOPER's
facilities
to be accepted
by the
COMMISSION for ownership, operation and maintenance are, in fact,
owned by the DEVELOPER, free and clear of all liens (including mechanics'
liens) and encumbrances. In the event that liens and encumbrances exist, they
shall be listed in the opinion, other than those acceptable and approved, in
writing, by the COMMISSION. Such opinion of counsel, when rendered,
may reflect that the lands involved are encumbered by a development
mortgage or mortgages, but any such mortgage or mortgages must be
subordinated to or released from the lands upon which easements are to be
granted to the COMMISSION pursuant to this AGREEMENT at the time
such DEVELOPER's facilities
and easements are granted to the
COMMISSION.
2. Prior to final acceptance of the DEVELOPER's facilities for ownership,
operation and maintenance by the COMMISSION the DEVELOPER shall:
(a) convey, grant or dedicate to the COMMISSION, free and clear of all
liens and encumbrances, such easements as are necessary for the
COMMISSION to own, operate, maintain, repair, expand and replace the
DEVELOPER's facilities accepted by the COMMISSION, including all
DEVELOPER's facilities constructed thereon, and (b) transfer and convey
to the extent that the same are transferable all governmental approvals and
permits that will enable the COMMISSION to operate the applicable phase
or portion of those DEVELOPER's facilities and provide water service
capacity, wastewater service capacity, and reclaimed water service capacity
14
(as appropriate) to the DEVELOPER's property, and notify all governmental
agencies of such transfer and conveyance as may be required by law. The
COMMISSION shall review and approve or reject within twenty-one (21)
days after receipt thereof, all documents submitted by the DEVELOPER
pursuant to this subsection 3.6(2).
3.7
Performance and Payment Bond and Maintenance Bond
1. Prior to the construction of the DEVELOPER's facilities pursuant to
subsection 3.4 hereof, the DEVELOPER shall not be required to obtain
from the person undertaking such construction (e.g., the DEVELOPER's
contractor) a performance and payment bond or other security or assurances
acceptable to the COMMISSION securing the DEVELOPER and the
COMMISSION in an amount equal to one hundred percent (100%) of the
amount of the Construction Contract for said facilities in order to guarantee
that said facilities shall be constructed in accordance with the plans and
specifications approved by the COMMISSION and to guarantee payment of
any vendors, subcontractors or laborers furnishing labor or services or
materials for the facilities.
2. Upon the final acceptance by the COMMISSION of said phase or portion of
said facilities, the DEVELOPER shall obtain a maintenance bond for the
period of one (1 ) year from acceptance in a form acceptable to the
COMMISSION, made payable to the COMMISSION, in an amount equal to
twenty-five percent (25%) of the construction cost of said phase or portion of
said facilities in order to guarantee the correction of any defects in
workmanship or materials of said facilities.
15
3. In lieu of providing maintenance bonds as set forth in this subsection 3.7, the
DEVELOPER may, at its option, provide irrevocable letters of credit, drawn
on a bank located and doing business in Volusia County, Florida, made
payable to the COMMISSION in an amount equal to twenty-five percent
(25%) of the construction cost of said phase or portion of said facilities and in .
a form acceptable to the COMMISSION.
4. The DEVELOPER shall submit an itemized estimate of construction costs
for the DEVELOPER's facilities prior to final acceptance or approval of such
facilities. This itemized estimate of construction costs submitted from time to
time for the facilities shall be used to determine the amount of the bond or
letter of credit for purposes of this subsection 3.7.
3.8
Effect of Reviews, Inspections, Approvals and Acceptances
Any reviews, inspections, approvals, and acceptances or the absence thereof by
the COMMISSION of the plans and specifications and construction shall not
constitute a waiver of any claims arising from (1) faulty or defective design, (2)
faulty or defective construction, (3) unsettled liens and encumbrances, and (4) tort
claims.
3.9
Expansion and Interconnection by the COMMISSION
The COMMISSION may expand any of the DEVELOPER's facilities which it
accepts pursuant to this AGREEMENT, or interconnect said facilities with other
portions of the COMMISSION's water system, wastewater system, or reclaimed
water system (as appropriate) at any time at its expense.
16
3.10
Save Harmless Clause
The DEVELOPER/OWNER covenants and agrees to indemnify and save
harmless the COMMISSION and to defend it from all costs, expenses, damages,
attorney's fees, injury or loss, to which the COMMISSION may be subjected by
any person, firm, corporation or organization by reason of any wrongdoing,
misconduct, want or need to care of skill, negligence or default or breach of
Contract, guaranty, or warranty, by the DEVELOPER/OWNER, his employees,
his agent or assigns.
SECTION 4
OPERATION AND MAINTENANCE OF DEVELOPER'S FACILITIES
Subject to the DEVELOPER's compliance with SECTIONS 3, 5, and 7 hereof, the
COMMISSION or its successors shall accept ownership and assume responsibility for the
operation and maintenance of those DEVELOPER's facilities for which the COMMISSION
has approved the design, construction, and documents specified in subsection 3.6, up to,
including, but not further than, the location of each individual water meter, sanitary sewer
service connection cleanout, or individual reclaimed water meter. The number and size of water
meters necessary to provide water service capacity to the DEVELOPER's property shall be
determined by the COMMISSION in accordance with the COMMISSION's rate resolutions.
The COMMISSION shall not be responsible for the operation and maintenance of any
DEVELOPER's facilities located outside easements granted to the COMMISSION pursuant to
subsection 3.6 hereof. Upon acceptance of ownership and assumption of the responsibility for
the operation and maintenance of any such DEVELOPER's facilities by the COMMISSION as
contemplated in this AGREEMENT, all customers ofthose facilities shall be deemed customers
17
of the COMMISSION's water system, wastewater system, and reclaimed water system" and the
COMMISSION shall set and collect all water, wastewater, and reclaimed water rates, fees,
charges and deposits for those facilities, without exception, in accordance with COMMISSION
rate resolutions. In addition to other applicable requirements, all property owners and customers
must provide at their expense necessary individual service lines as a condition precedent to
receiving water service capacity, wastewater service capacity, and reclaimed water service
capacity from the COMMISSION.
Applicable capacity fees for water, wastewater and reclaimed water services will be paid
prior to issuance of building permits.
The DEVELOPER's contractual rights, duties and responsibilities herein shall not be
assignable unless agreed to, in writing, by the COMMISSION.
18
SECTIONS
CAPACITY FEE PAYMENTS
TOTAL NUMBER ERU'S & PTU'S:
WASTEWATER
WATER
RECLAIMED WATER
N/A
x $1,250.00 per ERU = $
N/A
·N/A
x $1,250.00 per ERU = $
N/A
N/A
x$ 970.00 per PTU = $
N/A
$
N/A
TOTAL CAPACITY FEES
INSPECTION FEE -
N/A
x$
50.00 per ERU = $
N/A
N/A
x$
50.00 per ERU = $
N/A
N/A
x$
50.00 per ERU = $
N/A
TOTAL INSPECTION FEES
$
N/A
TOTAL CAPACITY AND INSPECTION FEES
$
N/A
Water
INSPECTION FEE -
Wastewater
INSPECTION FEE -
Reclaimed Water
PAYMENT FOR ALL INSPECTION FEES SHALL BE DUE AND PAYABLE UPON
EXECUTION OF TIDS AGREEMENT.
APPLICABLE CAPACITY FEES FOR WATER, WASTEWATER, AND RECLAIMED
WATER SERVICES WILL BE PAID PRIOR TO ISSUANCE OF BUILDING PERMITS.
THE DEVELOPER'S CONTRACTUAL RIGHTS, DUTIES AND RESPONSIBILITIES
HEREIN SHALL NOT BE ASSIGNABLE UNLESS AGREED TO, IN WRITING, BY
THE COMMISSION.
19
SECTION 6
REBATES, CREDITS, AND/OR COMMISSION PARTICIPATION
REBATES:
TOTAL REBATES
$
N/A
WATER AND WASTEWATER CAPACITY FEE CREDITS:
TOTAL CREDITS $
N/A
$
N/A
COMMISSION PARTICIPATION:
TOTAL COMMISSION PARTICIPATION
COMMISSION PARTICIPATION IS AN ESTIMATED AMOUNT PURSUANT TO
THIS AGREEMENT AND SHALL BE NON-BINDING ON THE COMMISSION UNTIL
FINAL COMMISSION PARTICIPATION HAS BEEN DETERMINED AFTER FINAL
ACCEPTANCE AND AS-BUILT PLANS HAVE BEEN SUBMITTED TO THE
COMMISSION.
20
day of
_ _ _ _ _ _ _ _, 2016.
FOR THEDEVEL
~~~o,~"~~I::~~~~",,"''''''·L~A~RR~Y~S~C''''OH''E'''N''''~mpany Name: NRG EV Services LLC
t'.. ..1-\ NOlary Public· Siale 01 Florida
~
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." .: My Comm. Expires Nov 12 2018
/7 ...."
9'<·
C
• -'-8':........,6-"'-..=.:""""O'7"'-7/~'/--"",:::'=-"-"'-~-'----"-"- - "of.·....
ommission # FF 147284
~r"'.,.."'~""~,~80~nd;;;eda;Th;.::;rOU;g~h;;Na~lio~naJ~N~OI~ary~As:S2iln.
auer
~.
tIe: .Site Developer
",,:, OF
STATE OF ;:::/;; r 1J-.-<<.COUNTY OF & I p:J?V ~
V
Before me, personally appeared MARCY J. BAUER, Site Developer for NRG EV Services
LLC, well known and known to be the person acknowledged to and before me that she executed
said instrument for the purposes therein expressed.
,2016.
day of Y /h'V "'-"""(./'1
7
My commission expir r~~:-"""'~~~~~..!:::
FOR THE OWNER:
(Parcel No. 7416-00-~~""'~~~~=:~::l
,: Samuel R. Sutton Trust
~~~~~---
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF 0 (:' )~~
v
Before me, personally appeared ROBERT SUTTON, Trustee, SAMUEL R. SUTTON TRUST,
well known and known to be the person acknowledged to and before me that he executed said
, 2016.
~:f_7_ day of cJ7~r-t-1
I
Notary Public, State of Florida
21
GENERAL MANAGER/CEO
r~*pPtd;Y~d as.to r~~:~d'correctness:
:.~ !i6,'~'T:~ !!,(t:~:::\~n,,~l~!t;,:,\',~:;.~o:;: ~; ',' ,,' ,
.
;~
. ,.
:;'~\"f;',.UtILITIES COMMISSION ATTORNEY
22
EXHIBIT" A"
LEGAL DESCRIPTION
161734 E 811.87 FT OF N 746 FT ON ElL OF GOVT LOT 5 EXC W 162.50 FT OF E 212.50 FT
MEAS ON S/L OF S 222.75 FT OF N 255.75 FT MEAS ON W/L & INC LOT 5 & LOTS 9 TO 121NC
& LOT 16 BLK 28 DETWILERS 1ST ADD NEW SMYRNA BCH & EXC 45 FT STRIP IN GOVT LOT
5 ADJ TO LOTS 6 TO 8 INC & ADJ TO LOTS 13 TO 15 INC BLK 28 DETWILERS PER OR 3801
PG 1235
23
EXHIBIT liB"
No Changes, Additions or Deletions to this Agreement.
24
EXHIBIT "C"
DISCLOSURE OF BENEFICIAL INTEREST PURSUANT TO
FLORIDA §286.23
STATE OF R.:'rJ~
COUNTY OF <9r/-hI.'J'a..Before me, the undersigned authority, personally appeared MARCY J. BAUER, Site Developer
for NRG EV Services LLC, who, being by me fIrst duly sworn, on oath deposes and says:
1. That my name is MARCH J. BAUER and my address is 2816 OBerry St. #5,
Raleigh, NC 27607.
2. That the names and addresses of every person having a benefIcial interest in the real
property described in Exhibit "A" attached hereto, are as follows:
Marcy J. Bauer
2816 OBerry St. #5
Raleigh, NC 27607
Samuel R. Sutton Trust
7201 1st Ave. South
St. Petersburg, FL 33707-1101
3. That this disclosure is made pursuant to §286.23, Florida Statutes, and under oath
and subject to the penalties prescribed for perjury.
MARCY J. BAUER, Site Developer
NRG EV Services LLC
"""'''''
;. :
Sworn to and subscribed before me
this ')-? day of3'7TA,o<.,:e."",t'
LARRY S COHEN
...' t\V PlJ. I"
/0"
~(~. Notary Public· State 01 Florida
•
• ':r
~.co
I&.!.~ My Comm. Expires Nov 12, 2018
"';'
• .<1~
Commission # FF 147284
"..,;, }f]\ "&:
.....
''';',r;:,:,\,''' Bonded Through National Notary Assn.
, 2016.
Notary Public
25
ADDENDUM TO THE DEVELOPER AGREEMENT
This ADDENDUM TO THE DEVELOPER AGREEMENT is made this
day of
_ _ _ _ _ _" 2016, by and between the UTILITIES COMMISSION, City of New
Smyrna Beach, Florida, hereinafter referred to as the COMMISSION, and SAMUEL R.
SUTTON TRUST, OWNER (PARCEL NO. 7416-00-00-0311), and NRG EV SERVICES
LLC, CORPORATION, LICENSED IN THE STATE OF FLORlDA and authorized to do
business in the State of Florida and hereinafter referred to as the DEVELOPER.
WHEREAS, the COMMISSION and DEVELOPER entered into a DEVELOPER'S
AGREEMENT FOR WATER, WASfEWAJER, RECLAIMED WATER, AND ELECfRIC ENERGY
SERVICES on
,2016 which provides for services to the Developer by
the Commission;
WHEREAS, the utility infrastructure (involving electric, water, wastewater, and reclaimed
water supply facilities herein referred to as utility infrastructure) of the COMMISSION to
support growth as planned is impacted by the aggregate of all surrounding development;
WHEREAS, to apportion the costs for the utility infrastructure needs to support a given area, the
COMMISSION desires to fairly apportion costs to the DEVELOPER for the future or existing
infrastructure to meet needs to serve multiple developments of differing size, use, and scope;
and,
WHEREAS, in recognition of the benefits of conceptual long-range planning for the build out of
an area pursuant to the comprehensive plan, and detailed planning for specific areas, consistent
with the comprehensive plan; to further the intent of Florida Statutes s. 163.3177(11) which
supports innovative and flexible planning and development strategies, and the purposes of
Chapter 163, Florida Statutes, and to avoid the disproportionate distribution of costs upon
existing customers for necessary services for new customers;
A~OiiDrNG~"'iii'~~~n~i9~iati6~ of the RECITALS hereof, for and in consideration of the
m:p:~~J:\~~~~~~tiW~f,~~:I~d'agfeement herein contained and assumed, and other good and valuable
consider.ationsl;rec~ived by each party from the other, the receipt and sufficiency of which are
hei613y'ack;nowledged, the parties do hereby AGREE as follows:
ARTICLE I
DEFINITIONS
The parties agree that in construing this ADDENDUM, the words, phrases, and terms herein
shall have the same meanings as defined in the DEVELOPER'S AGREEMENT FOR WATER,
WASTEWATER, RECLAIMED WATER, AND ELECTRIC ENERGY SERVICES except as
provided below:
1.1.
ERU means the equivalent residential unit and is defined as used in UCNSB
"Rates Charges and Fees Summary" as follows; SECTION II for water, SECTION III
for waste water, and Section IV for reclaimed water. For electric energy an ERU is
defmed as a single phase service with a Main Breaker rating of up to 200 amps, each
additional 100 amps of rated capacity or fraction thereof is an additional ERU. Three
26
phase service is calculated the same multiplied by a factor of 3.0. EXAMPLE: a 300
amp service is 2.0 ERU if single phase, 6.0 ERU if 3 phase.
1.2.
FINAL PERMIT - This is the time when the applicant and the UC have both
approved and formally executed this agreement
ARTICLE II
INFRASTRUCTURE PAYMENTS
DEVELOPER shall pay into an interest bearing escrow account the amount as set forth below in
the DEVELOPER CONTRIBUTIONS TO INFRASTRUCTURE to pay for such infrastructure
improvements necessary to support the planned growth. The UTILITIES COMMISSION shall
use all or a portion of such escrowed monies at any time for said utility infrastructure
improvements as deemed necessary by said UTILITIES COMMISSION.
ARTICLE III
ADmSTMENTS TO INFRASTRUCTURE PAYMENTS
If the DEVELOPER alters the Plans and Specifications to the DEVELOPER's facilities and is
re-permitted for such alterations, and the number of ERUs is affected, the amount paid hereby
shall be adjusted upward or downward accordingly.
ARTICLE IV
TIME FOR PAYMENT
Payment shall be made, in full, at or before the time of the issuance of the Final Permit for
construction. Upon payment, the Utilities Commission will issue paid receipts and execute
permit applications for U.C. services (electric, water, wastewater and reclaimed water).
ARTICLE V
USE OF INFRASTRUCTURE PAYMENTS
The amounts collected shall be used for the design and improvement of the utility infrastructure
and supporting systems.
ARTICLE VI
REVISION OF CALCULATION OF INFRASTRUCTURE PAYMENTS
If the calculation for each ERU shall be revised downward prior to Final Permit being issued to
DEVELOPER, DEVELOPER shall be reimbursed any difference from the calculation thereof
and the amount paid. If plans are changed resulting in a higher recalculated ERU count, the
payment shall be revised upward accordingly at the rate in effect at the time of revision, and paid
prior to revised construction proceeding.
27
ARTICLE VII
COMMUNITY DEVELOPMENT DISTRICT
Should the Utilities Commission participate in the future in a Community Development District
or other appropriate funding mechanism to finance such utility infrastructure, such remaining
monies deposited in an escrow account herein referred will be returned after such contributing
developer participates in such other funding mechanism whereby the Utilities Commission will
be equally compensated for such utility infrastructure.
ARTICLE VIII
ASSIGNMENT
Developer may assign all of the right, title and interest in and to and under this Addendum,
subject, however, to the express condition precedent that the written consent is first obtained
from the Utilities Commission. Assignee agrees to perform all of the duties and obligations of
Developer under the agreement. If Developer has provided a Guarantee of Payment for the
monies subject to this Addendum or its related Agreement in any form; (i.e. Irrevocable Letter of
Credit), said Guarantee of Payment shall remain in effect until the obligations hereto have been
paid in full or Assignee institutes a subsequent Guarantee of Payment to the Satisfaction of the
Utilities Commission.
(the rest of the page is left blank intentionally)
28
DEVELOPER CONTRIBUTIONS TO UTILITY INFRASTRUCTURE*
TOTAL NUMBER ERU'S & PTU'S: PROGRAM YEAR 10, ZONE 3
WASTEWATER Supply
NhA'···
'P~fERUx $
WATER Supply
~
N/A
= $
N/A
N/A.
= $
N/A
= $
N/A
. ,.
~
. i~ -,
RECLAIMED WATER Supply
ELECTRICAL Supply
**9
perERU x $ 1,185.22
= $ 10,666.98
* Distances, water-related line size, and costs will be determined from published studies or
existing infrastructure maps applied to meet code, standards, and UC requirements and use most
recent costs for supply. Electrical distances, load ratings, and costs will be determined from
published studies or existing infrastructure maps applied to meet code, standards, and UC
requirements and use most recent costs for transmission and subtransmission supply circuits.
The UC's utility cost infrastructure plan will be used to calculate the costs per ERUIPTU and
exclusively reserves the right to change such plan for future applications. Rates may be adjusted
by the UC after one year initially and as often as yearly thereafter.
**Based on one 400 amp three-phase electric service.
TOTAL DEVELOPER-CONTRIBUTIONS TO UTILITY INFRASTRUCTURE*
= $
10,666.98
day of
_ _ _ _ _ _ _ _,2016.
LARRY S COHEN~fnW any Name: NRG EV Services LLC
. "'-.:~-':'!!'t~~::,,, Notarv Public· State 01 02!f
~~')m.(.~
Expires NoV 12.
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ff t 47284
~.
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commissIon #
.=r.'ofts......~~7."",,'- - - " - - - - - - - - - -
FOR THE DEVELOPE .
'Io'';::~ Off~~"~
(CORPORATE SEAL)
"""."
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..... ..'ql1roug" National N
DUI""""
Marcy J. Bauer
Title: .Site Developer
.
.
STATE OF FI(:Jr/~
COUNTY OF C>/'47,f.,./;}ABefore me, personally appeared MARCY J. BAUER, Site Developer for NRG EV Services
LLC, well known and known to be the person acknowledged to and before me that she executed
said instrument for the purposes therein expressed.
7
__
(J_ _ dayof 5F'hvka.vt¥
,2016.
~
/
' )
l.
'__
tf
Notary Public, State of £,/c;,,~,/ d. .
FOR THE OWNER:
(Parcel No. 7416-00-00-0311)
Title: Trustee
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF C9rrn"5.e...
Before me, personally appeared ROBERT SUTTON, Trustee, SAMUEL R. SUTTON TRUST,
well known and known to be the person acknowledged to and before me that he executed said
day of
J/i",u=~/,'
~c---...........
· 2016.
-N-o-tar-y-P-u-b~li-c,"""S":'t-at-e-o--=-f--:F-:-lo-n~'d...,J,.-------
"'lillI,,
,"~~.>'tv
"v~;"-:.
f"":
-;"'=:
LARRY S CO HEN
Notary Public· State of Florida
~~ '.
: '~ My Comm. Expires Nov 12, 2018
("".~~~
Commission # FF 147284
' , 0 1 . \ \\
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Bonded Through National Notary Assn,
. .:;:'F.
GENERAL MANAGER/CEO
•...,<
31
chargmg
. vehideired.
. station located at Indian
. a prop.osedbond
electnc
. g Station
IS
is not
requ
. EV Third
Chargm
A constructIOn
Summary.
Avenue.
River Plaza on
32
nrg~
NRG EV Services LLC
1000 North Post Oak Road,
Suite 240
Houston, Texas 77055
Email: [email protected]
Writer's Direct Dial: 281-407-1258
EVgo
Arun Banskota
President
January 19, 2016
Utilities Commission
City of New Smyrna Beach
200 Canal Street
News Smyrna Beach, Fl32168
Re:
Developer's Agreement for Water, Wastewater, and Reclaimed Water Services
To Whom It May Concern:
Marcy 1. Bauer, Site Developer, is authorized by me to sign the City of New Smyrna Beach's "Developer's
Agreement for Water, Wastewater, and Reclaimed Water Services" on behalf of NRG EV Services LLC.
Sincerely,
NRG EV Services LLC
By: ...,..t5)~ ~~
Name: Arun Banskota
Title: President
33
ADM. OFFICE
AGENDA ITEM
USE ONLY:
4-f
CONSENT ITEM
D
NEW BUSINESS
FROM:
D
OLD BUSINESS
SIGNATURE:
D
Director of Electric Operations
EXHIBITS:
SUBJECT:
Miguel Rodriguez
Quote from Altec Industries, Inc. dated 2-10-16
Electric Fleet Vehicle - Bucket Truck (1) AA67E
SUMMARY:
It is recommended by the Electric Operations Department to purchase a new bucket truck to replace E-62.
Truck E-62 was purchased in 1989 and caught fIre last year on ajob site on Pioneer Trail and Turnbull Bay Road. The
cause of the fIre was unknown. The insurance company totaled the vehicle due to sustained damages in the amount of
$28,143.88. Suggested market value was $14,300, which the U.C. received from insurance proceeds. Some of the hydraulic
tools and equipment on this truck were salvageable. Salvage bids for the truck remained under $1,000.
This was a transmission bucket truck, requiring extended reach and four wheel drive capabilities. A new truck is
recommended for the replacement of this truck. The purchase is recommended from Altec Industries Inc., utilizing the GSA
Contract No. GS-30F-1028G. The attached quote is in the amount of$224,717. The additional approx. $20,000 is being
included for approval to acquire the hydraulic tools and equipment which will be purchased separately.
(An alternative fueled vehicle is not a cost effective alternative at this time.)
Funds are available from unallocated R&R - W.O. No. 16-UEOOS.
RECOMMENDED ACTION:
A motion to approve the purchase of a replacement vehicle, one (1) new transmission bucket
truck, from Altec Industries Inc., in the amount of $224,717, utilizing the GSA Contract No.
GS-30F-1028G, and to approve $20,000 for the associated required hydraulic tools to be
purchased separately and cost competitively; for a total not-to-exceed amount of $244,717.
NOTE:
ALL AGENDA ITEMS MUST BE IN 'IRE GENERAL MANAGER'S OFFICE BY NOON MONDAY TWO
WEEKS PRIOR TO THE REGULAR MONDAY COMMISSION MEETING.
Page 1 of2
Opportunity Number:
Quotation Number:
GSA Contract #: GS-30F-1028G
Date:
Altec Industries, Inc.
2110/2016
Quoted for: Utilities Commission New Smyrna Beach
Customer Contact: Miguel Rodriguez
Phone: 386-424-3162 Mobile: 386-566-3657 Email: [email protected]
Quoted by: Chuck martin
Phone: 407-257-7718 Email: [email protected]
Altec Account Manager: Chuck martin
REFERENCE ALTEC MODEL
AA55
Per GSA Specifications in GSA Catalog plus Options below
IA.)
1
2
3
4
5
$173,461
GSA OPTIONS ON CONTRACT (Unit)
ESR-Extended side reach
US60-M60 with 65' working height
$3,843
$5,002
fA1.) GSA OPTIONS ON CONTRACT (Genera/)
SPOT-Post mounted spot light driver's side
1
SPOT2-Two (2) LED flood lights mounted on each side of boom support
2
SPOT4-Six (6) point strobe light system in addition to two (2) strobe lights off boom support
3
RL-LED rope lighting installed in all body compartments588
4
AWD-AII wheel drive chassis
5
D3-Automatic traction control (no spin) differential
6
BK-Five (5) gallon water cask with aluminum holder
7
CH-Fold over cone holder mounted on front bumper
8
MCR-Conducter holder fits on end of jib .for phase handling
9
10
lB.)
$272
$443
$656
$588
$23,197
$1,254
$173
$223
$595
OPEN MARKET ITEMS
2
3
4
5
6
7
8
9
Automatic boom stow-included
Reel holder for three (3) 12" diameter spools mounted under the tailshelf
All lighting to be LED-included
Three(3) recessed LED lights, 2 mounted in curbside cargo area and 1 in side entry steps
Black non-skid _paint applied to all flat surfaces including body compartment tops
LED ground lighting package, five (5) point
Wet paint boom in addition to powder coat for extra corrosion protection
$275
$150
$135
$450
$1,500
$12,500
OPEN MARKET ITEMS TOTAL: _ _ __
SUB-TOTAL FOR UNIT/BODY/CHASSIS: $224,717
QTY DISCOUNT(%1):
TOTAL FOR UNIT/BODY/CHASSIS: - - - (C.)
I
I
I
ADDITIONAL ITEMS iitems are not included in total abovEtl
1
2
3
I
I
I
"Pricing valid for 45 days*"
NOTES
PAINT COLOR: White to match chassis, unless otherwise specified
WARRANTY: Standard Altec Warranty - One (1) year parts warranty One (1) year labor warranty Ninety (90) days warranty for trav~1 charges
(Mobile Service) Limited Lifetime Structural Warranty. Chassis to include standard warranty, per the manufacturer. (Parts only warranty on
mounted equipment for overseas customers)
TO ORDER: To order, please contact Chuck Martin
lC'~S~js~[~rt~1~~Q~~tfr:i((tj~t!t~!t§f~~grrfll~f~19g!!lartf,!M2-~19§~~Xr(j,(l:~1(3YW(tl~J1S';;;<~ff~~0f§::7Bt;;I~~~)1I;:cl;;~~!i;~!\\f~;'ii;;~I£~f;;'1;i~IThl~ltz;l~::;~:J>;·i';
DELIVERY: No later than 270-300 days ARO, New Smyma Beach, FL
TERMS: Net 30 days
tFati'TJOO;r,(Jt~ij~r~ll¥iQRI(~i~J~1::§~~~~~~~!f~lB~11m:~~flXi%l~ip.!if#f:I;:!~JN§:~I(sjli~j,~~mpJ~~t:·~(~~y~~~tt~~:t~;~~~(;~~~):)}'\:tt\'1~t[,,:~(m;'s;;tg1'1~~1~jl;{;!:~~i;;
BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on
Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training,
Dedicated Account Manager, In-Service Training with Every Order.
TRADE-IN: Equiptment trades must be received in operational condition (as initial inspection) and DOT compliant at the time of piCk-up.
Failure to comply with these requirements, may result in customer bill-back repairs.
BUILD LOCATION: Roanoke. VA
ADM. OFFICE
USE ONLY:
AGENDA ITEM 4-g
CONSENT ITEM
FOR MEETING OF:
o
NEW BUSINESS
FROM:
o
OLD BUSINESS
SIGNATURE:
o
EXHIBITS:
February 22,2016
Director of Water Resources
~-
Proposal for 2016 Vactor Sewer Cleaner from Environmental
Products of Florida dated 12-9-15
SUBJECT: Water Resources Department - Purchase of New
Jet Vac Truck
SUMMARY:
The Field Operations Division, Water Resources Department, requires a new utility vehicle fully
equipped for highly specialized maintenance of the sewer system. As the name Jet Vac implies, the truck has two main features water tanks and a jet pump and jetting hose, which are used to clear dirt and debris from sewer mains. A vacuum feature lifts the
water and accumulated matter out of a downstream manhole and deposits into a large holding tank for subsequent disposal.
The Jet Vac truck is primarily used for cleaning of sewer mains and manholes prior to televising activities which is essential to
diagnosing the integrity of the collection system components (including laterals) and determining the needs for repairs or
replacement without more costly and disruptive open excavations. This equipment can also be used to perform other required job
duties, i.e., soft digs with the vacuum feature and locating buried mains without conventional excavation with a backhoe. The
jetting feature has been utilized to set wellpoints which are then used for dewatering deep excavations. A Jet Vac truck is
essential to efficient job performances within these operational areas.
As described it is a highly technical unit with multiple components which eventually wear out. The V.C. 's 1999 Jet Vac has had
several rebuilds and at this point is budgeted for replacement. The old unit is still operable and will be assigned to lift station
maintenance area due to the confirmed minimal trade-in value of this aged unit. Attached is the specification for a 2016 Vactor
Sewer Cleaner, and all will be mounted on a new Freightliner 1145D cab and chassis with a 370 HP Cummins ISL engine. The
purchase award is recommended under the Florida Sheriffs Association Contract Bid #15-13-0904, Specification #49. Funding
from the 2016 eIP under W.O. #16-RP060J.
(Regarding alternative fuel availability, CNG and LPG conversions not economically available and limited commercial availability
remains applicable to this truck purchase.)
RECOMMENDED ACTION:
A motion to approve and award the purchase
of a 2016 Vactor Sewer Cleaner Truck to Environmental Products of Florida under the Florida
Sheriff Association's Bid #15-13-0904, Specification #49, for a total amount of $402,265.00.
re~. 7Vt.~... (.~
NOTE:
Page 1 of 7
etr
Environmental Products
()r~
December91h,2015
Robert Pitcher
413 Smith St.
New Smyrna Beach, FL 32168
Re: New 2016 Vactor Sewer Cleaner
I am pleased to present the following proposal On a new 2016 Vactor sewer cleaner
mounted on a2016 ar2017 FreigbtUner chassis (1 14SD, 370 HP, with a Cummins 1SL engine).
The price is quoted per Florida Sberiff's Association Bid #15-13-0904, Specification # 49. I have
listed the below specifications and options per our latest meeting and discussion for your re"iew. If
you have any questions or concerns, please feel free to call or write. Thanks again for the
opportunity!
CHASSIS
2016 or 2017 FREIGHTLINER 114SD, 370HP Dual Axles, 66.000 GVW-'Cummins ISLEngine
Model year is dfqJendem on urder dale. Please see attached Freightliner Spec for additional details
.8TANnARD FEA,(URES
Model 2115 Plus 15-Yard Vactor 'with Positive Displacement Blower- 1500-Gallon Water
Capacity
.
22" x 24" x 40" Curb Side Aluminum Toolbox
Aluminum Fenders
Mud Flaps
ElectriclHydraulic Four Way Boom
Color Coded Sealed Electrical System
Remote Pendant Control w/3S 1 Cord
Vansco-Electronic Package
Double Acting Dump Hoist Cylinder
Handgun Assy. w/1l2" x 351 Hose w/Quick Disconnect~
311 Y-Strainer at Water Pwnp Inlet
Ex-Ten Steel Cylindrical Debris Tank
Flexible Hose Guide
30 Deg. Sand NOXlle w/Carbide Inserts
30 Deg. Sanitary Nozzle w/Carbide Inserts
15 Deg. PenetratorNozzle w/Carbide Inserts
2525 CbreoRIi Rd. Apopka, FL34n9
Phone; 407·798-01104. Fall: 4117-798·00l4
www.EPOFC.c<lm
<?;Environmental Products
~,e~kb
ADDITIONAL FEATURES
Debris Body Wash out
6" Knife Valve/Rear Door with CarnIoe Located 3:00 Position with Fixed Baskct Screen
Folding Pipe Rack/Curbside
Folding Pipe Rack/Strcctsidc
Rear Door Splash Shield
Cyclone Seperators -Four (4) Plus Style (removes dcbris from air bcforcitrctums to the blower)
Lube Manifold
10 Ft. Hydraulic Telescoping Boom with 180 Degree Rotation (27.5' reach from centerline of truck)
Front Joystick Boom Control
Wireless Remote Control (Controls all boom functions, Vacuum Relief, Water Pump, Throttle,
E-Stop, Hose Reel Pay inlout & Speed Control, & Water Pressure Control)
Hydro-Excavation Kit with Retractable Reel, 50' of Hose
High Pressure Adjustable Spray Gun for Controlled Digging
Hydraulic Shut Off Valves at Suction, Return & Filter Line
70 GPM @ 3000 PSI Water System
Accumulator (Jackhammer Effect on/off control)
Rodder Pump Drain Valve
Debris Body Vacuum relief System With Debris Body Load Limit Alarm
Hydraulic Pump Off System
Low Water Light and Alarm and Water Pump Flow Indicator (GPM)
1500 Gallon Fresh Water Capacity
800' X 1II Piranha Sewer Hose/3000 PSI
Automatic Hose LeveL Wind Guide with Pinch Roller
Digital Hose Counter
.Handgun Hose Reel wI Spring Retractable Reel wi 50' of Hose Assembly
LED Split Arro:w Traffic Controller- Two Piece 10 Light LED Systcm- Rear Mounted
Hand light with Retractable Reel
LED Amber Strobe- Front Cab Guard Mounted
LED Amber Strobe- Rear Mounted
Limb Guard for Rear LED Strobe
Federal Signal DOT 3 - Six (6) Light System-A]] LED- 2 Mirror Mounted Strobes, 2 Mid-Ship,
2 Rear Mounted Oval LED Quad Flash Strobes
LED Work Lights (2) on Boom
LED Work Lights (2) on Rear Door
LED Work Light @ Curb Side.
Camera System with Rear Camera Only
2525 Clar~ORa Rd. Apopka, Fl. 34729
Pirone: 407-793-0004. Fax: 407-798-0014
www.~:I.OFC.com.
(?f;Environmenta' Products
()r~
Nozzle Storage Rack
Vacuum Tube Storage: Curbside (2) Pipe, Rear Door (2) Pipe
1" Nozzle
Flat Rear Door w/Hydraulic Locks and Door Power~upIDown, Opcn/CJose Feature
Dual 10" Stainless Steel Float Shut Off SyslemIRear Mounted
Debris Body Vacuurn Relief System
Debris Deflector Plate
60" Dump Height
Water Sight Gauge DSIPS
Liquid Float Level Indicator
Boom Transport Post Storage
3" V-Strainer @ Water Pump w/3 t1 Drain Valve
Perfonnance Package: (Hyd Variable Flow, Dual PTO's. Dual Hyd Pumps)
111 Water Relief Valve for Vactor Water Pump
Stainless Steel Micro-strainer
Blower Air Shift Controls
Hydraulic Cooling Package
Mid-ship Handgun Coupling
Side ;Mounted Water Pump
Hose Wind Guide (Dual Roller)
Hose Footage Counter - Mechanical
Hose Reel Manual Hyd. ExtendIRetract
Hose Reel Chain Cover (Full)
Tachometer/Chassis Engine W/Hour meter
Circuit Breakers
LED Lights. Clearance, Back-Up, Stop, Tail & Tum
Tow Hooks, Front and Rear
E1ectronic Back-Up Alarm
8" Vacuum Pipe Package
Emergency Flare Kit
Fire Extinguisher 5 Lbs.
Water Pump Hour Meter
PTO Hour Mcter
Vactor 2100 Plus Body Decal· Multi-Colored
Chassis Modifications
Vactor Manual, Partial Manual and USB Version - 1 + Dealer One
Z525 ClaJ'llOnaRd • Apopka, FJ, l4719
401-793-0004 • Far. 407·798·0014
Phone~
l!l!w.EPOFC.col);I.
€fr
Environmenta' Products
()r~
Aluminum Behind Cab Toolbox 14W X 36H X 96L with Slide out Tray
Front Bumper Tool Boxes 16 X 12 X 18
Reinforced 90 Degree Elbow
Ball Valve for Fresh Water Drain
10' of additional Leader Hose
8" Adjustable Air Adapter
6" Decant System with Air Operated Knife Valve- Forward Mounted W/Screen
LED Ground Illumination Lighting
Safety Cone Storage RackI'Post Type
Water Cooler Storage Rack
KEG Rotor Nozzle I"
KEG Super 150 Chain Root Cutter 1"
Vactor Hydro-Excavating Rotating Nozzle for Digging
Warranties Include:.
1 - year standard warranty on all Vactor Components
2 - year warranty on Water Pump
5 - year warranty on Debris tanks
10 - year warranty on water tanks
Chassis covered by Freightliner warranties
Trainin2:
All training is included at no additional cost. It is conducted on site and includes operational and
basic maintenance training.
Sincerely,
Nick Causey, East Coast Regional Manager
Environmental Products of Florida
BrnaH: [email protected]
Cell: (904) 537-8799
y.AcrUR . . . , E®vilosight ..
"Madvac
'.~"'.'.~~'!1'!!"<
",!oil'
_
2525 Clarc:ona Rd • Apupll.a, Ill, 34n9
Phone: 4f}7-79~OO4" F.ox: 407·798·0014
www.EPOFC..com.
Part#
FSA Pricing Specification # ~_~
Price
10 Cubic Yard Combination Sewer Cleaning/Vacuuming Machine,
Specification #42 (Base Price includes Accumulator and Cyclone
15-13-0904
2115P-16
l003P
l008P
l012PA
101SP
1015P
lO22P
l023P
Z01SP
4001P
4006P
4011PB
5021P
60l7P
6019P
seperators)
Upgrade to a 15 Yard Debris Body ILO of 12. Yard
Debris Body Wash out
6" Knife Valve/Rear Door with Camlae Located 3:00 Position with
Fixed Baskl;!t Screen
611 Decant System with Air Operat~d Knife Valve- Forward Mounted
Curbside W/Screen
Folding Pipe Rack/Curbside
. Folding Pipe Rack/Streetslde
Rear Door Splash Shield
Lube Manifold
Upgrade to 1500 Gallons of fresh Water
10 Ft. Hydraulic Telescoping Boom with 180 Oegree Rotation (27.5'
reach from centerline of truck)
Front Joystick Boom Control
Wireless Remote Control (Controls all boom functions, Vacuum
Relief, Water Pump, Throttle, E-Stop, Hose Reel Pay in/out & Speed
Control, & Water Pressure Control)
Hydro Excavation Kit with Retractable Reel, 50' of Hose
Hydraulic Shut Off Valves at Suction, Return & Filter line
Radder Pump Drain Valve
$201,546.00
$12,538.00
$1,422.00
$1,140.00
$L,140.00
$986.00
$986.00
$1,448.00
$2.,149.00
$3,855.00
$14,534.00
$750.00
$2,928.00
$3,256.00
$897.00
$472.00
UNr.VBUSHEO OPTION$.
lO04P
1009PA
20DIP
Debris Body Vacuum relief System With Debris Body Load Limit
Alarm
HydraUlic Pump Off System
Low Water light and Alarm and Water Pump Flow Indicator (GPM)
$1,910.00
$11,069.00
$597.00
6003PC
800' X I" Piranha Sewer Hose/3000 PSI
$1,640.00
6004PA
Automatic Hose level Wind Guide with Pinch Roller
Digital Hose Counter
Handgun Hose Reel wI Spring Retractable Reel wi 50' of Hose
Assembly
LED Split Arrow Traffic Controller- Two Piece 10 Light LED SystemRear Mounted
Handlight with Retractable Reel
LED Amber Strobe- Front Cab Guard Mounted
LED Amber Strobe- Rear Mounted
Limb Guard for Rear LED Strobe
$4,411.00
6005P
GOllP
8001PE
SOO3P
8007PB
8007PC
8013P
$1,590.00
$1,194.00
$1,485.00
$518.00
$1,010.00
$1,010.00
$205.00
e;Environmenta' Products
----------------------------------------~~~.~~
Elgin Ii Vactor
VACTOR 2115 PLUS PD PROPOSAL
Prepared for: NEW SMYRNA BEACH UTILITIES COM MISSION
Prepared by: NICK CAUSEY
TH
Date:
DECEMBER 9
Proposal #:
NSBUC987
...
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-
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=-~.!G
,
2015
. "-"... - .
-~-'t_.,_
....
!C . . . . . . _
...
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"'co-',"
2525 Clarcona Rd. Apopka, l'L 34729
Phon!!; 407-798-0004. FJIX,407-79&..oOI4
. www.~P~}F<?!com
.~
............. , .. 4!""""'T""-T:"'-'~'''''' ..............
b._ . . ..
ADM. OFFICE
USE ONLY:
AGENDA ITEM
4-b
CONSENT ITEM
D
NEW BUSINESS
FROM:
D
OLD BUSINESS
SIGNATURE:
D
Director of Electric Operations
EXHIBITS:
SUBJECT:
Miguel Rodriguez
None
Geographic Information System (GIS) Commencement of Phase III
SUMMARY:
Phase I and Phase IT of the Geographic Information System (GIS) are on their way towards full implementation.
Phase ill will complete the final stage required to fully implement the GIS project. Work Order #- 16-UCOl6
provides the funding to continue the third and final year of the D. C. 's GIS implementation.
This work order provides funding for:
eThird year licensing fees for ESRI and Schneider
e First year of Schneider Extended Support and Maintenance Agreement (ESM)
eImplementation and licensing of Milsoft Outage Management System (OMS)
The new Cogsdale/ArcFM Customer Interface from Schneider was received late January 2016. Currently in the
SAT* stage (*Site Acceptance Testing) for this recently received Cogsdale/ArcFM Customer Interface. Upon
successful SAT, implementation of the ESM with Schneider Electric will allow receipt of designated, specialized
support for the D.C. 's specific needs. Shortly thereafter, implementation of the OMS will occur.
Work Order # 16-UC016 was budgeted in FY 2016 in the amount of$500,000.
RECOMMENDED ACTION:
A motion to approve and authorize the funding of the U.C.'s GIS Project, Phase III, in the amount
of $500,00, which includes licensing fees for ESRI and Schneider Electric, first year of Extended
Support and Maintenance Agreement (ESM), and implementation of the Milsoft Outage
Management System (OMS).
NOTE:
ALL AGENDA ITEMS MUST BE IN THE GENERAL MANAGER'S OFFICE BY NOON MONDAY TWO
WEEKS PRIOR TO THE REGULAR MONDAY COMMISSION MEETING.
Page 1 of 1
ADM. OFFICE
USE ONLY:
AGENDA ITEM
o
CONSENT ITEM
FOR MEETING OF:
o
NEW BUSINESS
FROM:
o
OLD BUSINESS
[!J
General Mgr.'s Rpt. EXHIBITS:
5-b
February 22,2016
CEO/General Manager
FY2015/2016 Strategic Initiatives and 2015 Annual
Accomplishments
SUBJECT: FY2015/2016 Strategic Initiatives and
2015 Strategic and Objective Accomplishments
SUMMARY:
Each year the Strategic Initiatives are reviewed, produced, and/or revised through the CEO/General
Manager's office and provided to the Utilities Commission. The CEO/General Manager and U.C. Legal
Counsel (contracted legal assistance in strategy and visioning) detennined for 2014 and continuing to move
the company in a positive, values-based direction operating with integrity and focus.
To reiterate the Vision, Mission, Strategies, and Objectives are accomplished and supported by seven (7)
tactics which are selected by the CEO/ General Manager; the tactics are depicted under each objective.
The Strategic Initiatives attached to this agenda item are posted on the UC's website and were distributed
internally.
The 2015 Strategic and Objective Accomplishments are attached for review and in addition a "Five-Year"
Recap of the U.C.'s operations.
(The attached strategic initiatives were comprehensively revised during 2013-2014 and disseminated to the U.C.
Commissioners during development for comments, suggestions, and support; and were unanimously supported by the
Utilities Commission during the U.C. Meeting held 2-24-14, agenda item 4-b.)
RECOMMENDED ACTION:
No action necessary, for information only.
NOTE:
ALL AGENDA ITEMS MUST BE IN THE GENERAL MANAGER'S
OFFIC~
BY NOON MONDAY TWO WEEKS
Page 1 of 22
A(JE.NUA ITENI
FOR MEETING OF:
5-b
(CONT.)
February 22, 2016
SUMMARY (cont.):
FIVE YEAR RECAP OF U.C. ACCOMPLISHMENTS:
The past five years can best be described as period oftunnoil. Not only has this period been one of the most
historically challenging economic periods for the U.C. and our community, in addition there have been abnonnal
weather patterns and increasing regulatory changes which are direct effects on the U.C. 's revenues and operations.
However, throughout this period of time the U.c. has not only maintained but improved its financial position. (See
attached five year comparison page.)
Under reduced operating revenues and interest earnings, the U.C. coincidently reduced operating expenses and
minimized non-essential capital improvements. This strategic and required austere management, which focused on the
utility system and our ratepayers, enabled the U. C. 's utility rates to remain competitive. Only essential rate increases
for cost recovery and a secure operating margin to meet the essential cash flow requirements.
These management actions assisted our customers during this challenging period by keeping their vital water resources
and electric services' rates truly non-profit. There has not been a base electric or water rate increase since 2006.
During the five year period, in 2010 there was an increase in irrigation rates for potable water (conservation rate), in
2011 there a revision to streetlighting (additional pole and light options) and in 2012 a required rate increase for water
reclamation (sewer and reuse), 12% increase with capital borrowing for associated CIP improvements (avoided rate
study recommendation of 25% increase). These efforts also assisted our community and local economy by enabling
our customers to have a better quality of life with more dollars and for potential reinvestment into the community.
The U.C. 's required payment, even with the reduced revenues, produced an approx. $3.5 million annual payment to
the City of New Smyrna Beach. Another major financial accomplishment during the last five years was the U.C. was
able to reduce its outstanding debt from $56 million to $44.5 million.
Operational challenges have also abounded during this five year period within power supply and water resources.
Examples for electric - cost effective alternatives for finn power replacement for the retired CR-3 nuclear unit,
overcoming external transmission constraints for peaking power, and the increasing NERCIFERC regulations. For
water resources - the increasing potable water regulations coinciding with successful conservation efforts and the more
restrictive and costly options for biosolids treatment and disposal. The increasing regulations in our utility areas have
forced a realignment of priorities and the associated strategic planning ofthe U.C.'s fmancial and labor resources.
There have been herculean efforts by management and non-management employees to work within this environment
of ongoing unfunded mandates and unfamiliar operational consequences. Numerous creative and pro-active steps
have been instituted within these areas to overcome and achieve this success despite the prevailing circumstances.
The U.C. work force has remained at a remarkable level of 154 employees during these accomplishments and five year
period. The U.C. remained the seventh largest employer in New Smyrna Beach offering skilled and technical labor
positions. (Note recent APPA statement - Each dollar of a public power employee's paycheck circulates through the
local economy up to an estimated five times.)
The U.C. has continued to prioritize service, safety (of utility services and for customers, and employees) and our
associated environmental responsibilities. Just one example of a brief historical time line for a recent major
environmental accomplishment, financed by ratepayers, was the relocation of the sewer plant from the river location
(surcharge paid in advance to avoid large rate increase and minimize debt). Upgrading of plant treatment to a WRF,
and subsequent operational improvements, to consistently meet the 5-5-3-1 Rule (reduction in nutrients such as
nitrogen and phosphorus to less than 3 ppm and 1 ppm respectively when river discharges were operationally
required), planning and implementation of additional plant capacities (U.C. currently has existing property for future
plant expansion). These actions enabled the reuse water services (which reduced potable water use),
constructed/operated the associated storage of reuse (tanks, ponds, major user sites), and created reuse irrigation
zones. These long tenn and recent strategic actions and utility investments, and more, culminated into the zero
discharge into the river for over 6.5 years and the reclassification to a Minor Discharger. These strategic
improvements by the U.C. were based on science and purpose of service which enabled the highest achievable
environmental benefit to our c.ommunity.
It should be noted however, within the next five years, with the expected upcoming developmental growth, additional
infrastructure and re-investment in the U.C. 's existing infrastructure will be required. Additionally, with shifts in
regulatory and/or policy direction, future increases in rates and personnel will also be required.
Utilities Commission, City of New Smyrna Beach, Florida
FIVE YEAR RECAP
2011
Customers
Electric Sales (lOOO/kWh)
Water Sales (lOOO/Gal)
2013
2012
2015
2014
69,348
70,104
71,274
72,369
73,846
378,559.5
362,603.4
356,496.1
386,751.8
396,602.0
1,643.9
1,561.5
1,454.5
1,508.1
1,543.8
121.24 $
116.75
$
116.75
$
116.75
56.19
$
56.19
$
56.19
Monthly Bill (Residential)
Electric (1,000 kWh)
$
123.37
$
Water / Sewer (5,000 gal)
$
52.00
$
Employees
Compensation
Wages ($1000)
Benefits ($1000)
153
$
$
7,907.4
2,981.1
52.00
$
154
$
$
7,860.8
2,952.0
154
152
$
$
8,052.6
3,079.5
$
$
8,215.1
3,067.3
154
$
$
8,159.4
3,115.5
11,282.4 $
11,274.9
$ 10,888.5
$ 10,812.8
$ 11,132.1 $
Operating Revenues ($1000)
$ 59,878.5
$ 54,943.1
$ 57,193.9
$ 58,729.5
$
60,751.4
Operating Expenses ($1000)
$ 43,979.6
$ 41,782.8
$ 41,649.3
$ 44,338.8
$
44,476.8
Payment to City of NSB ($1000)
$
3,463.9
$
3,550.0
Debt Activity
Borrowings
Payments
Debt Outstanding ($1000)
$ 18,595.0 $ 20,000.0
$ (5,635.0) $ (27,793.0) $ (12,055.0) $ (6,670.0) $
$ 56,193.0 $ 46,995.0 $ 54,940.0 $ 48,270.0 $
(3,700.0)
44,570.0
Interest Expense ($1000)
$
1,458.9 $
1,093.7 $
1,000.7
1.33%
1.13%
Effective Interest Rate
Capital Additions ($1000)*
*Excluding easements
3,564.3
2,246.6
$
$
2.00%
$ 10,185.8
3,388.4
1,938.0
$
$
2.06%
$
5,547.0
$
3,258.7
3,379.0
$
$
6,174.8
1.12%
$
4,208.8
ft\.J..I!Jl'l.L1ft • • ..I!JIV.l
FOR MEETING OF:
~-D
~LU1'11.)
February 22, 2016
SUMMARY (cont.):
STRATEGIC AND OBJECTIVE TACTICS AND 2015 ACCOMPLISHMENTS:
Some of the strategic and objective accomplishments (not inclusive) for calendar year 2015 are listed below. Each
annual accomplishment falls under two or more of the U.C. 's seven strategic objectives, and most support three or
greater.
In 2015, utility regulatory requirements were met or exceeded again in operations, as well as in reporting, and the u.c.
remains industry competitive and are continuing to realized strategic enhancements in our utility service operations.
Policy directives of consistent application and enforcement of "no free service", non-preferential treatment, and the
enforcement of strong ethics policies throughout utility operations produced unbiased, solid business decisions.
Further establishment of this company as a positive, values-based operation with integrity and focus.
U.C. Legal Counsel continued, in support of Commission ethics, integrity, and transparency, public declarations of Ex
Parte communications by U.C. Commissioners during U.C. Meetings. Issued and distributed, as needed, periodic
foundational and legal support opinions. Short/long term strategy meetings were held with the General Manager/ CEO
and the Directors. Negotiations for the FY2015 Reopener for the Union (IBEW) were concluded on one day, on 2-1815, ratified by the Union on 3-2-15, and approved by the U.C. on 3-16-15. A comprehensive legal review and
development, with external vetting, resulted in an updated and revised U.C. investment policy to include current
statutory requirements. No changes in the U.c. 's investment strategies were required.
Improved communications and additional insight for internal and external customers continuing through the
development of educational and foundational informational items. Third consecutive year of producing a General
Manager/CEO's article in the employee's newsletter, to assist U.C. employees to understand and realize the U.C. 's
Strategic Initiatives and Company Direction. Human Resources Division developed a Management Skills
Enhancement Program, to continue developments of management team through quarterly newsletters and management
training sessions.
Succession Planning
Due to planned retirements within the next three to five years, including the position of General Manager/CEO,
formalized succession planning and associated leadership training development will be an immediate, focused priority
during 2016 and beyond, to ensure a reliable pipeline of leadership talent. This will be supported by D.C. Legal
Counsel's strategic support duties and Human Resources.
Budget Management
Solid adherence to conservative and cost effective financing policies continued, as well as the ongoing prioritizing of
capital investment and planning. The D.C.'s infrastructure fee provision of the Developer's Agreement was
maintained. The contractual and construction coordination with all external agencies in relation to capital projects
continued ensuring mutually beneficial cost savings and avoidance of external cost obligations or risks into the D.C.'s
rate base. As stated in the five year recap section, rate increases were avoided and rates remained highly competitive
through continued utility system focused management, strategic planning, timely fmancial corrections, technical,
industry expertise, and strict adherence to bond covenants to ensure funding of only legally authorized core services.
Asset Management
Non-performing assets, specifically seven vacant properties with no foreseeable utility use, were proferred for public
bid and four properties were awarded, three to one bidder and one to another bidder. The largest property successfully
closed resulting in receipt of $351,100. Due to clouded title issues on two of the remaining parcels, a closing has been
delayed for the other bidder (bid a total of $69,000 for the three smaller properties). One title was cleared and deed
acquired; a closing is optimistically expected in 2016.
ft\.J.I'.J!~Vft
1. 1. ~lY1.
FOR MEETING OF:
~-o
~LUNT.)
February 22,2016
SUMMARY - 2015 Accomplishments (cont.):
Rates
The D.C. 's maintenance of competitive rates for vital electric and water resources utilities has continued to support
our customers' quality oflife and the sustainability of our community. The U.C. 's rates for electric and water
resources include charges for federal and state environmental compliance, storm recovery, capital and operational
requirements and reserve funds, and the legislatively mandated 6% gross revenue fee to the City of New Smyrna
Beach.
Electric RatesAs of December, 2015, the investor-owned (IOU) average for residential bills in Florida was $128.59 and the
municipal average was $114.53 (FMEA source). The U.C. remains second in the state for 1,000 kWh residential rate
among generating, municipal utilities, and is in the lowest quarter for all Florida municipal utilities. Within a 12month average of this category for calendar year 2015, the D.C. remained third, only behind one IOU - FPL * and one
Municipal utility - Lakeland. In the residential 1,200 kWh and up and in non-demand commercial, the D.C. is lower
than Lakeland. For the upper tiers of residential, non-demand and small commercial, the U.C. 's rates are lower than
FPL* . (*Average 6%franchise included)
At $107.06, the D.C.'s residential rate is approx. 28% less than the National Average for a typical 1,000 kWh
residential electric bill of$137.29**, and almost 13% less than the Florida IOU average of$120.83**. At $155.24
for non-demand - 1,500 kWh (small business), the U.C. is over 29.5% less than the National Average of$201.34 and
about 19.5% less than the Florida IOU average of $185.53. (**EE1 Summer 2015 source)
(The U.C. is the 11th largest community-owned electric service utility in Florida serving 26,740 electric customers as
of 9-30-15).
Water Resources RatesWithin a recent comparison of four local, adjacent Cities and County (East) / (comparable treatment and costs) - The
U.C. was 1st for residential water bills at all gallonage levels. The D.C. was the 3rd lowest for these entities'
residential water and sewer combined bills at the 6 KG level and 1st lowest for combined services at the 15 KG level.
Per the SJRWMD 2015 Water Utility Rate Survey, the D.C. remained below the average water residential and
commercial water bills at all three gallonage levels for the 50 utilities compared within the SJRWMD. The U.C. was
also below the average ofthese 50 utilities for water and sewer combined for all residential and a majority of the
commercial bills. The U.C. was above the average of 28 utilities for potable irrigation (due to conservation rate) and
below the average of 37 utilities for residential reuse.
GIS
Phase I was completed and Phase II of this multi-phase/multi-year capital project is continuing. After successful
completion of a digitized database and maps and software/tablet deployment, a delay became necessary in the latter
part of 2015 to ensure successful customer data interface development by vendor. This is a requirement for the
integration of the U.C.'s customer data (Cogsdale) into ArcFM. Upon completion and successful testing ofthe redeveloped interface, the next phase of the GIS project, Phase III, will be an Outage Management System and Cogsdale
Asset Management/Work Orders.
Financial Activity
The U.C. maintained its stable financial condition in FY2015. Operating revenues increased by $2.0 million over
2014, customer growth increased by 2.0% or 1,500 customers, and operating expenses increased minimally by $0.3
million.
.
The U.C.'s net position in 2015 increased by $10.3 million due to additional revenues, the control of operating
expenses, and one time payment from Duke Energy related to the CR-3 Nuclear Unit Settlement. Unrestricted
Renewal and Replacement funds increased by $900,000 due to minimal growth. Long term debt (including that due
within one year) decreased by approximately $3.0 million during the year.
ALiENUA ITENI
FOR MEETING OF:
5-b
(CONT.)
February 22.2016
Financial Activity (cont.)
The 2015 audit realized no deficiencies in internal control, material weaknesses or non-compliance issues. The last
required issuance ofa Triennial Report* was in March, 2014, for the period ending 9/30/13, in compliance with
Section 16N, ofU.C. Resolution No. 28-78 (*analysis of utility systems with respect to operations and management,
sufficiency of rates and charges, appropriateness of anticipated capital expenditures, and other salient items).
Continued the high level of accuracy and inventory controls at the U. C. ' s warehouse. The annual warehouse
inventory count produced only five discrepancies. (Last year's annual count produced a $50 adjustment.)
Renewed healthcare insurance for employees with a premium increase of 0% for a third consecutive year due to
favorable claims experience and strong utilization of a Workforce Wellness Program.
In 2015, the U.C. remained the 7th largest employer in New Smyrna Beach at 154 employees with technical, licensed
and certified high wage jobs. Provided over $3.5 million to the city's general fund (6% of gross revenues defined) amounts paid to the City for the years ended September 30,2014 and 2015 totaled $3,470,055 and $3,550,061,
respectively. Collected and remitted over $1.8 million to the City for the 9% public service tax on electric services amounts collected and remitted to the City for the years ended September 30, 2014 and 2015 totaled $1,784,610 and
$1,850,161, respectively. Remained as the billing agent for the City's solid waste services, customer collections
remitted monthly - amounts remitted to the City for the years ended September 30,2014 and 2015 totaled $5,053,441
and $5,209,674, respectively.
Notification of completion was received from FEMA for the last two open storm projects for which FEMA
reimbursements were received by the U.C. There were no adjustments nor requests from FEMA for repayment from
the UC.'s submittals. A noteworthy accomplishment which tributes the documentation in the field as well as the
V.C.'s record keeping procedures.
Electric - Power Supply:
Negotiated extensions of the Duke Energy Power Supply Agreement and the Florida Power & Light Power Supply
Agreement with no increase in future costs.
New contract negotiated to provide contingency reserves for the Uc. provided an approximate $5,000 savings per
month.
Continued aggressive pursuit oflowest cost energy supply on the short term wholesale market to maintain low overall
fuel and purchased power costs and to maintain highly competitive electric rates.
Successfully negotiated a settlement agreement with Duke Energy to recover lost value of the retired Crystal River #3
Nuclear Plant. Agreement includes transfer of all ownership and future liabilities back to Duke Energy. As this 'was
the UC.'s most economical firm power supply source, the ongoing investigation and evaluation of diverse power
supply (inclusive of renewable and alternative energy sources) must also remain a priority.
Continued exploration of options of limiting the U.c.'s compliance risks in relation to the increasing NERC/FERC
regulations. Negotiated and executed a NERC Services Agreement with FPL relating to the U.C.' s planning
coordinator and transmission planner functions and responsibilities.
Reached a newall-time system summer peak of 94 MW on July 11, 2015.
Electric Operations - Transmission & Distribution:
Design and bidding of the U.C.'s fourth electric feeder to the beachside was completed for improved system and
operational efficiencies and enhanced reliability. This project is designed to provide three six inch conduits approx.
30 ft. under the ICWW. Two conduits will be utilized to install parallel lines and the third will remain as the spare.
Construction commenced in 2016 and upon completion there will be two feeders from the North Causeway and two
feeders from the South Causeway.
~U'£'l'~.u~ J. J..£.lU
FOR MEETING OF:
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1.)
February 22, 2016
Electric Operations - Transmission & Distribution (cont.):
Reconductoring along Pioneer Trail continued, a multi-year U.C. CIP Project, and included approx. 1,000 ft. of new
underground cable and approx. 4,000 ft. of overhead facilities. This work was included in the 2006 T &D Planning
Study and CIP Projects, albeit delayed due to diminished developmental activity. Previously planned subdivisions in
this area are now commencing again. Approx. 530 new homes were developed in the Promenade, Porto fino, and
Sable Lakes subdivisions for which approx. 10,100 circuit feet of three phase electric facilities were installed, along
with approx. 52,000 circuit feet of single phase, and approx. 19,700 circuit feet of secondary.
This year, 2015, was the eighth year of storm hardening efforts for the U.C. in compliance with the Florida Public
Service Commission's (PSC) directive. An average of300 poles per year were determined defective during this initial
eight year cycle. Some poles required maintenance and others, replacement or reinforcement. The number of
defective poles are expected to greatly diminish in the subsequent cycle years. While this work was very labor
intensive for our crews, this process has proven effective in outage reductions and electric service reliability, which
then reduces call outs and service restoration expenses. The vegetation management portion of the PSC Storm
Hardening initiative additionally assists in improving reliability through the reduction of animal-caused outages.
Enhanced reliability to the Field Street Substation (60% of system capacity) was realized through intensive tree
trimming and right of way clearing this year - within close proximity to the transmission line and along the
transmission route. Due to the long and elevated growing season (warm winter), extensive, concentrated vegetation
removal was performed by the U.C. crews and additional contracted crews (increased from two to three continuous
contract crews).
Substation and Relay
Commenced replacement of existing protective relaying at Smyrna Substation as part of an overall multi-year capital
proj ect to increase reliability through modernization of the entire substation.
Performed extensive switching to de-energize the Smyrna to Field Street Transmission line and replaced failed
lightning arrestors on the ring buss at Smyrna Substation, work performed by S&R and T &D crews.
Fleet Maintenance
Established a new tracking system and supervisor notification procedure within this division for enhanced accuracy of
budgetary expenditures. The new system closely tracks all parts utilized for repairs, properly accounts for work
performed in vehicle service records and for the purpose of supervisory notification.
Water Resources Well maintained utility systems and available capacity for growth:
FY2015 Unused Water Plant Capacity - 53% and Unused Wastewater Plant Capacity - 48%
(FY2014 Unused Water Plant Capacity - 53% and Unused Wastewater Plant Capacity - 51%)
(While an increase in Plant capacity is not currently needed, property and buffers for existing infrastructure and
potential future expansion of the Glencoe Water Plant should be included in the City planning involving the
surrounding property. The U.C. has secured expansion property for the WRF plant.)
Water ProductionlPotable Water Supply:
Consumptive Use Permit
The St. Johns River Water Management District (SJRWMD) accepted the 10-Year Compliance Submittal for the
U.C.'s Consumptive Use Permit (CUP). This 20 year permit was issued in 2000 and established the allowable
withdrawal limits for the U.C.'s potable water wells and includes many associated conditions which are in place to
assure that our use has no detrimental impact on this vital water source. There were no changes in the U.C.'s existing
allocations or permit duration; the U. C. ' s permit expires on February 9, 2020.
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FOR MEETING OF:
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February 22,2016
Water ProductionlPotable Water Supply (cont.):
New Central Wellfield Project
Completed a fourth new wellfield for enhancement of local sustainability of water for our community. The wellfield
currently has four (4) production wells and associated equipment located at the Western Utility Complex. Project also
included a new standby generator designed and sized to operate these four wells and the Head End building during
power outages. Associated 12" raw water main was completed which connects this new wellfield to the raw water
main on S.R. 44.
(The fourth new wellfield is in addition to the U.C. 's seven (7) wells at the Glencoe Wellfield, six (6) at the S.R. 44
Wellfield, and six (6) wells at the Western Wellfield. Due to the Engineering in-house design of the main location
enables optimum spacing for the future two wells. Ongoing strategic planning to provide superlative management of
our raw water supply and avoidance of salt water intrusion.)
Design and permitting completed for planned capital improvements for the Clearwell and five ground storage tanks for
reductions in disinfection byproducts and for chloramine residual retention. Preliminary designs have commenced for
Instrumentation and Control Upgrades, Gas Chlorination Conversion to Sodium Hypochlorite and Carbon Dioxide
Feed, new Lime Building and Silo, and rebuild of North Softener.
Water Reclamation FacilitylReuse Water Supply:
100% of Reuse Water with Zero River Discharge for 78 consecutive months, 6.5 years, as of 12-2015. This ongoing
accomplishment, along with the improved nutrient removal process resulting in reduction of Total Nitrogen and Total
Phosphorous in effluent without the use of additional chemicals, has resulted in the U.C. achieving an unprecedented
long term environmental achievement for a utility in Volusia County and believed to be statewide. For comparison
informational purposes, the first utility in Northeast Florida to achieve zero discharge into the St. Johns River was the
Naval Air Station (NAS) Jacksonville in October 2015.
Water Reclamation Facility (WRF) permit renewed in 2015 and based on current performance, within the WRF permit
renewal, the U.C. requested a permit revision from major discharger to minor discharger. The D.C. is now regulated
for our facility by FDEP only (state level), formerly regulated additionally by EPA.
Improved Nutrient Removal at the WRF is continuing with reductions in Total Nitrogen and Total Phosphorous in the
effluent without the use of additional chemicals. This will continue to assist the U.C. to consistently meet the stricter
regulatory standards and if emergency wet weather discharge does become necessary. A 3.5% decrease in kWh per
I,OOO/gallon flow was realized. This reduction in electrical costs is directly related to the operational strategies for
reducing nitrates - lower dissolved oxygen correlates with lower energy use.
Installation of wireless programmable logic controls for the SCADA system was completed by LT.
Water Resources Laboratory
The laboratory became a more integral technical support service for all operational divisions requiring analytical and
consulting assistance. Fully involved in determinations of optimal treatment and process control strategies for the
plant; i.e. improved nutrient removal. Developed a method of utilizing centrate treatment, from on-site sludge
processing operations which minimiz~d impact upon existing treatment processes.
Reuse Water
Field Operations personnel installed three new irrigation zones at the Western Utility Complex for reuse water
management.
Meters - Completed three-year installation project ofERT/radio read meters for residential and small commercial
. reclaimed water connections - over 1,500 customers. These customers can now accurately monitor their monthly
usage and the D.C. can more fully recover the cost of this service.
(Status Note RE: Radio Read Meter Installations - All of the U.C.'s electric customers have radio read meters, a majority of
the reuse customers, and approx. 25% of the water customers.)
A\..i.r-l'1IJA llE1Vl
FOR MEETING OF:
~-b
(CUNI'.)
February 22, 2016
Water Reclamation Facility/Reuse Water Supply (cont.):
Lift Stations
Additional variable frequency drives and pumps (sample and sump) were installed for improved energy and
operational efficiencies. .
Installation of a Grid Bee at the 3rd Avenue Booster Pumping Station was completed (internal potable water tank mixer
for better disinfectant performance).
Updated tanks and infrastructure and associated equipment at South Beach Pumping Station.
Field Operations
Completed the North Loop Project which eliminated a significant amount of redundant water mains to improve water
quality and flow capabilities and a reduction in water flushing volumes. This in-house system improvement project
was enabled through Engineering's support, in planning, design, permitting, and inspection assistance.
Additional system enhancements were achieved through upgrading and relocating large and under-sized mains, several
included within the City's Central Beach Stormwater Phase III Project.
Internal Support Areas
The U.C. 's Engineering Department strategically balanced the requirements of design, permitting, and inspection
services for internal and external customers throughout numerous construction/infrastructure projects. Through these
support efforts, optimal schedules, resources, and results were realized for the mutual benefits of all the affected
entities; including U.C. customers.
The Human Resources Division enabled, through the obtainment of new brokers for the U.C.'s risk insurance policies,
an overall premium reduction of approximately 23% for the 2016 fiscal year, with a 2-year rate guarantee on casualty
and workers' compensation coverage. In addition, the U.C. was able to reduce deductibles for casualy and automobile
liability from $1,000 per claim to $0.
The U.C. 's continued focus on safety and increased training, realized an improved workers' compensation experience
modification factor, received recognition in 2015 for an outstanding safety program from the Florida Water and
Pollution Control Operators Association, and FMEA Safety Award 2nd place Category C.
The Human Resources Division also participated in the New Smyrna Beach High School's (NSBHS) Career Expo,
over 600 students in attendance with over five U.C. employees representing the Utilities Commission encouraging
students in the pursuit of utility careers. Also connected with the NSBHS' Voluntary Work
Activity Program and provided some students with special needs the opportunity to build social and basic work skills;
received a commendation plaque in 2015 recognizing the U.C.'s commitment to education of their students.
Commenced reorganization of the Information Technology Division for improvement in services for operational
support, efficiencies, and customer satisfaction. The U.C.'s phone system was upgraded and integrated with our
existing Unified Communications Platform (UCM), from version 7.0.2 to version 10.5. This upgrade increased the
efficiency and effectiveness of communications and the provision of reliable voice services for our customers. This
upgrade also increased user features, operational security, and enterprise failover capabilities. A Cyber-Security
Upgrade to the U.C. 's existing firewall was also performed which reduced vulnerabilities to threats by restricting web
and web application use. The new firewall now controls specific behaviors within allowed micro applications which
proactively protects against Internet threats and allows enforcement of differentiated policies based on user, device,
role, application type, and threat profile.
AlJENlJA ITEM
FOR MEETING OF:
5-b
(CONT.)
February 22, 2016
Customer and Community Support
Affordable Rates - Non-Profit, Transparent
Top Quality and Safe Vtility Services - Customer Owners No. 1 Priority
Local Jobs - Required Vendor Services Plus Utility Employees' Pay Circulates Through Local Economy
Payments to City - In 2015, $5.4 Million for 6% Revenue Payment and 9% Electric Public Service Tax
Education and required notifications regarding the U.C. 's utility services has been continually supported through our
bill inserts, radio ads, the V.C. 's website, monthly reports and meetings, and the V.C. employees. Concentrated
informational releases to the community through various outlets regarding ongoing scams related to utility services.
Held two successful, well attended community utility educational events during 2015:
1)
U.C.'s 4th Annual Water-Wise Garden Fair on 3-7-15, educational event supporting water conservation and
environmental protection, meets C.V.P. permit conditions, and showcases products and techniques for
savings in time and money for our customers.
2)
Fulfilled a request from the Rotary Club of New Smyrna Beach for speaker on 5-5-15 - the Director of
Water Resources discussed environmental and treatment challenges in connection with potable water
supply and domestic sewer operations which includes reclaimed water.
3)
U.C.'s Open House for Public Power Day, the 50th Year Service Anniversary, on 10-3-15, with
approximately 500 to 700 attendees. An educational event, provided utility service informational sessions,
supporting and explaining the advantages of public power, and supporting electric conservation, and the
U.C.'s free energy and water audits, rebates, conservation/efficiency ideas.
As of 12-31-15, over 2,000 customers requested and/or received an energy audit since program inception.
Commencing in 2015, the u.c. formally expanded this service to include water use auditing. V.C. water and energy
conservation items were provided upon request for educational purposes and in support of numerous community
events.
Over $23,000 in rebates disbursed during calendar year 2015. Expanded the rebate offerings in October, the
residential program includes rebates for: 16 SEER or higher AC, duct leak repair, solar attic fan, cool roof, added
insulation, window solar screens, 16 SEER or higher electric straight cooling system with natural gas heating and high
performance windows. Non-demand commercial rebate program includes rebates for: solar attic fan, duct leak repair,
cool/reflective roof and high performance windows, added insulation, solar screens and LED Exit signs.
The U.C.'s "We Care Fund" received $1,412.18 in donations during 2015 from V.C. customers, employees, and
internal staff recycling of ink cartridges and cell phones. (Fund assistance is administered through Volusia County
Human Services.)
The V.C. 's "Employee Volunteer Corp." selected, and many V.c. employees personally provided all 150 seniors at
the Ocean View Nursing Home Christmas gifts and cheer. A personal thank you was written by the nursing home's
Activities Director for this special service to our community.
The V.C. continued its participation in our community's "Light Vp Canal" by erecting the Christmas star on top of the
Central Office building at 200 Canal (educational and in support of energy efficiency - decorated with LED lighting)
and also participated by providing a float in the City's Christmas Parade in 2015.
MunicipallCountylFDOT Entities Support
Provided various educational materials/responses, participated, or supported by:
Continued participation in the City's Central Beach Stormwater Proj ect, Phase III, through the CBPA, for stormwater
utility conflicts and the V.C. 's determined required water and sewer main improvements. Project realizes improved
utility services for our customers and associated cost savings for the V.C. through joint bidding and construction
coordination efficiencies. V.C. staff continued providing notification/educational support during neighborhood public
meetings and effective project oversight of water/sewer improvements which supported "ahead of schedule"
construction results. Effective operational strategies also controlled flow and pressures during this construction and
major infrastructure modifications which minimized outages. Approximate $3 million multi-year V.C. ClP project.
AGENDA ITEM
FOR MEETING OF:
5-b
(CONT.)
February 22,2016
Municipal/County/FDOT Entities Support (cont.)
Electric Operations assisted County of Volusia and City of New Smyrna Beach during construction of the Pedestrian
Trail within the V.C. property and provided easement. This route includes major electric and water facilities,
assurance of safety and minimization of existing infrastructure damages were realized.
Electric Operations, Field Operations, and Engineering assisted FDOT as needed during the installation of eight mast
arm traffic signals along S.R. 44. These efforts also assured safety, minimized infrastructure damages, and ensured
utility services to our customers.
D.C. staff participated in City of New Smyrna Beach Health Fair and Senior Summit held 9-30-15.
The City of New Smyrna Beach utilized the V.C. 's billing process in October for a public service notification, to
notify regarding the City's newly instituted off-site beach parking fee for County non-residents.
Budgeted $1.2 Million for City's Requested Infrastructure Project - S.R. 44 Sanitary Sewer Line Agreement (SSLA)
and supported by City Resolution No. 29-15, for service to approx. 17 commercial properties on the south side of S.R.
44, and accepted the City's professional services agreement assignment associated with this project. U.C. 's costs to be
reimbursed in totality through the City's Special Assessment to the benefitting properties.
UTILITIES COMMISSION,
CITY OF NEW SMYRNA BEACH
STRATEGIC INITIATIVES 2015/2016
VISION
GOING-FORWARD VALUES
Improving the quality of life for our customers by
being the best utility service provider.
STRATEGIES
To effectively achieve the planned strategies using
traditional and new methodologies.
To develop operating and values-based platforms with.
complementary goals and systems.
To develop an organization which emphasizes
learning, value, respect, and efficiency.
To optimize the return on financial, physical, and
human resources.
We measure our success through our customers.
We represent integrity.
We are responsible, not just accountable.
We understand that good values promote positive
consequences.
We promote learning, innovation, and effectiveness.
We sell solutions.
We support each other by listening, understanding and
developing ourselves and our organization to achieve
our goals.
We encourage continuous improvement and consensus
development of processes, standards, and work
practices.
We increase the worth of everything we do.
MISSION
STRENGTHS
To benefit our community by providing timely, costeffective and high quality products and services to our
customers with sound economy and good
management.
OBJECTIVES
To gain and retain satisfied customers
To optimize competitive performance
To achieve our established goals and measures
To add value to our community
To enhance the quality of life of our employees
To be grounded in our strategic planning
To promote awareness of our value-added services
Defined community role.
Vital multi-faceted service provider.
Responsive to community needs.
High caliber staff with potential.
Responsive, dependable service.
High aspirations for integrity and excellence.
KEY PERFORMANCE INDICATORS (KPIs)
PREMISE
Our initiatives to achieve our vision and mission
will develop our character and the effective means
to be successful.
A Key Performance Indicator, or KPI, is a measure of
performance within an organization, which is to
evaluate the success of the business in terms of its
primary objectives. KPIs vary widely, depending on
the type of business and its goals. The purpose of KPIs
is to evaluate an organization and measure its progress
toward its long-term goals. KPIs must be measurable
so leadership can use KPI factors for assessment.
February 18, 2014
Page 1 of 11
OBJECTIVES
Customer Service
1. TO GAIN AND RETAIN SATISFIED CUSTOMERS
Good impartial service is the primary objective of the UTILITIES COMMISSION.
Our objective is to meet or exceed the expectations of our customers by providing "value-added" services.
Strategies
1. Learn from the customer what is desired and important and develop customer trend and satisfaction references.
2. Develop and enhance customer satisfaction with quick and efficient response times to needed repairs.
3. Develop and improve communication to customers for education, information and ownership.
4. Increase customer interaction and input opportunities regarding operation.
5. Retain and cultivate the "customer relationship" as the primary focus of the UC.
6. Provide timely, effective and accurate service with customer focus in most cost effective manners.
Implementation Plan
Tactic
Goal
Responsibility
Devise or revise evaluation and
survey methods to gain information
from customers to learn areas of
improvement and response to needs.
To have at least 3 meaningful tools
to measure satisfaction by 1st Qtr,
2014 and to implement with results
monthly.
CFO and Director of IT
Acquire, install and implement GIS
system alongside an Outage
Management System to better
communicate with customers and
respond to outages and repairs.
GIS installed and functioning by
June 30, 2015.
CFO, Director of Electric Operations,
Director of System Ops. & Generation
Director ofIT, and other
Publish results, activities, financial
performance measures and forecasts.
Monthly.
CFO as the lead with support from all
Directors
Implement key accounts program
and contact top 10 customers of
each utility.
Semi -annually.
CFO as the lead with support from all
Directors
Implement computer/systems based
technology to enhance
communication.
Review and analysis semi-annually
Director of IT
90% or more customer satisfaction.
CFO and Directors
Survey customer satisfaction and
work performance.
Bi-annual comparative studies of
like companies with development of
realistic, but challenging
expectations.
February 18, 2014
Page 2 of 11
Assess utilities reliability goals and
operation/restoration performance.
Monthly
CFO and Directors
Implement work management system.
Establish work performance levels,
organizational structure, monthly
performance reporting
Director ofIT, CFO, with support
Performance Measures
1.
2.
3.
4.
5.
6.
Ascertain field and staff performance survey method for on-time, of-use, and of-value customer satisfaction.
Total O&M direct and indirect expenditures to range from a $850/utility meter target to a goal of $800/meter.
90% on time response to needed service.
Total O&M expenses to rate in upper 90% nationally.
Complete all (100%) service/product and work orders within lead times or need date.
Attain established reliability and restoration goals for each utility.
Stewardship
2. TO OPTIMIZE COMPETITIVE PERFORMANCE
To make wise decisions for operations from a fiscal perspective regarding the quality of service and the cost to the
customer.
Strategies
1.
2.
3.
4.
5.
6.
7.
8.
9.
Continue and improve Director communication and coordination of operations to develop decisions relative to each area
ofconcem.
Develop rating structure for all services which is effective and favorable.
Develop and refine financial performance and assessment measures relative to the industry and accounting for local
factors.
Continue monitoring industry activities and comparing them to Operational Department's activities to assure the
Utilities Commission is providing the best cost effective electric service to our ratepayers.
When required, implement new cost effective practices and/or improvements to assure the Operational Departments
compare favorably to other utility providers in the industry.
Research and review and implement where appropriate, markets for renewable regulations and climate related
efficiency and appropriate conservation initiatives.
Educate employees about their financial role and contribution to overall success measures of the business unit.
Move toward best ratio for power generated by the UC vs. purchased power.
Move toward best ratio for water resources - A WS and conservation.
February 18, 2014
Page 3 of 11
Implementation Plan
Goal
Responsibility
Directors' Meetings twice per month
CEO/GM and Directors
Annually
Director of Electric Operations, Director
of Water Resources, CFO, with support
By June 1,2014
Director of Human Resources
Annually
CFO and Directors
Monthly publication of key measures
CFO and Directors
Publish financial performance and
forecasts monthly which meet or
exceed goals set by CEO/GM
Quarterly Reports
Director of System Ops. & Generation,
with support
Assess evolving energy markets for
renewable, efficiency and conservation
requirements
Quarterly Reports
Directors
Review quarterly and compare with
industry standard
Director of System Ops. & Generation
With support
Tactic
Hold regular meetings with Directors
with focused agenda for planning and
progress evaluations
Update cost of service studies for
electric, water, wastewater
Develop an integrated performance
management system.
Establish financial measures and reports
with performance indicators and
comparisons
Ratio corrective versus preventive
maintenance costs per connection.
Own power generation as percentage
of internal power generation and
purchased power.
1.
2.
3.
Implement strategic initiatives exceeding a 90% success level.
90%+ successful completion rate for apprentice training.
40%+ successful completion rate for basic apprentice training on entry positions.
February 18, 2014
Page 4 of 11
Productivity
3. TO ACHIEVE OUR ESTABLISHED GOALS AND MEASURES
To provide all ofthe resources our employees need to optimize productivity.
Strategies
1. Develop on-line training for company-wide and department specific topics.
2. Cross-train employees to ensure continuity of operations and compliance.
3. Establish work performance levels and regular performance reporting of results.
4. Establish and revise a 5-10 year master plan.
5. Periodically evaluate and provide training for emergency/restoration plan.
6. Develop and publish new budget and financial performance reports.
7. Implement GIS system and Outage Management System to better communicate with customers regarding outages and
repairs.
8. Provide monthly employee briefings to improve employee awareness of corporate strategies to enhance/promote
customer service.
9. Continue to implement reliability practices that support UC Reliability goals measured by industry indices of SAIDI,
CAIDI and MAIFIe goalslbenchmarks.
10. Continue holding Department Monthly Meetings to enhance/promote employee's productivity awareness.
11. Continue evaluating industry practices and provide the most cost effective tools/equipment to assure employees can
provide safe, efficient, reliable service.
12. Continue monitoring each Department's employee's safety practices and evaluating new industry safety practices to
maintain an accident free workplace and corporate record.
13. Implement new safety practices/procedures to assure safe, reliable, cost effective service.
Implementation Plan
Tactic
Provide additional training for
emergency restoration plans.
Goal
Reinforce Plans by 2nd Qtr, 2014 and
training for relevant staffby 3rd Qtr.
Publish Electric, Water, Wastewater
Monthly statistics (GIS program will
reliability and restoration performance. assist)
Evaluate existing and recommend
new rate pricing concepts
Develop data back-up and recovery
plan for catastrophic data events
Responsibility
Director of Human Resources
Operational Directors
Directors
Ongoing review with bi-annual meeting CEO/GM and Directors
and statement of opinion
Annual review (ongoing - GM Rpt)
Review and revise where necessary
maintenance plan for existing property Asset Management Plan by March I,
2014
and potential uses
February 18, 2014
Page Sof 11
Director of IT
CEO/GM and Directors
(Key Performance Measure in bold)
SAlOl = System Average Interruption Duration Index
=Sum of All customer Minutes Interrul2ted (CMI)
Total number of Customers Served ( C) Annualized
FY2013
FY2012
FY2011
FY2010
FY2009
AVERAGE
KPI
150.75
148.76
90.84
153.91
157.89
140.43
140
SAIDI
66.20
54.62
50
CAIDI
2.39
2.57
2.5
SAIFI
7.34
9.76
8.68
8
MAIFle
72.51
93.82
78.21
75
L-Bar
CAID. = Customer Average Interruption Duration Index
= Sum of All customer Minutes Interrul2ted (CMI)
Total number of Customers Interruptions (CI)
56.27
50.67
46.89
53.08
SAIFI = System Average Interruption Frequency Index
= Total Number of Customer Interrul2tions (CI)
Total number of Customers Served (C) Annualized
2.68
2.94
1.94
2.90
MAl Fie = Momentary Average Interruption Event
= Sum of All customer Momentarv Interrul2tion Events (CME)
Total number of Customers Served (C) Annualized
7.56
8.81
9.91
L-Bar = Average Length of a Service Interruption
= Minutes of Interrul2tion
Total Number of Outages
75.89
74.23
74.61
1. 100% compliance with potable water standards.
2. Unplanned water service interruption duration less than 300 minutes per event and fewer than 100 Events per
year.
3. Fewer than 10 sewer blockages per 1,000 miles offorced and gravity mains
Community Values
4. TO ADD VALUE TO OUR COMMUNITY
To achieve excellence in operations to enhance intrinsic and relational value to the community.
1.
2.
3.
4.
Strategies
Develop collaborations with City of New Smyrna Beach and New Smyrna based contractors. (Also County & State)
Develop annual safety plan and provide accident prevention performance standards.
Provide safety audits. (Energy Audits, & Educate RE: Energy & Water Conservation)
Educate community emergency organizations by contacting police, fIre, and response organizations, community
groups and mUltiple living facilities.
February 18, 2014
Page 6 of 11
Implementation Plan
Tactic
Goals
Responsibility
Develop collaborations with City of
New Smyrna Beach and New Smyrna
Beach based Contractors.
Implement New Programs and Educate CEO/GM and Directors
and Support Existing
Publish electric, water and wastewater
reliability and restoration performance
measures.
Monthly
Evaluate rate/pricing structure for
applicability and cost efficiency.
Semi -annually
Acquire, install and implement GIS
system alongside an Outage
Management System to better
communicate with customers and
respond to outages and repairs.
GIS installed and functioning by June
30,2015
Director of IT, and others
Refme and Update UC Website
Ongoing PIO Content Mgr. Currently
Director of IT
Directors
CFO and CEO
(Key Performance Measure in bold)
1.
2.
3.
4.
Answer customer correspondence within five working days with a target of three working days of receipt.
Achieve 90% affirmative response to accountability survey.
Achieve one supportive customer response/month.
Achieve two awards per year.
Employee Retention
5. TO ENHANCE THE QUALITY OF LIFE OF OUR EMPLOYEES
To maintain a productive and positive employee environment which improves retention, morale, and ultimately, customer
satisfaction.
Strategies
1.
2.
3.
Periodically evaluate organizational structure to maximize productivity and employee satisfaction.
Supp<;>rt an effective work management culture.
Develop an organization focused on learning, value, and effective response capability.
February 18, 2014
Page 7 of 11
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Develop position evaluation system, and implement performance review process and succession planning
systems.
Publish recognition events exclusively from employee-advancement perspectives.
Provide recognition for proactive approaches and adopted solutions by employees.
Assess talents, competencies, and skills to develop and place employees into relevant positions.
Implement new strategies and/or practices that promote/enhance employees ownership of practices that add
value to our services and promote positive corporate culture.
Continue recognizing all Department accomplishments to maintain/improve employee's morale.
Continue to all promote Departmental employee safety awareness and promote corporate safety culture.
Continue holding Departmental Monthly Meetings to enhance/promote employees awareness of their impact
on the UC's corporate image.
Use team based incentives to promote employee self-worth.
Use ad-hoc rewards for employees when recognition is initiated by the customer.
Tie broad-based salary grades with variable incentives to promote employee performance.
Use appropriate rewards of the applicable culture profile.
Identify and maintain "safety" as a priority with the UC employee as a key component to success ..
Implementation Plan
Tactic
Responsibility
Goals
Develop flexible recruiting and
succession plan compatible with
growth and demographics
Fill vacant positions within 30 days and Human Resources
maintain 95% employment rate.
Implement and revise where necessary
position evaluation system and improve
performance review and succession
planning systems.
Increase organizational performance
and timely evaluations to 98%
Develop and implement performance
measures.
Hold Departmental Monthly Meetings Monthly Meetings held by each
.to enhance/promote Department's
Department with report to CEO/GM
employee's awareness ofUC Corporate
Culture.
Human Resources
Directors
Conclude Local 2088 Principal and
Supplemental Negotiations
Successfully
Prepare for negotiations by January 15 Director of Human Resources as the
and successfully conclude by March 15 lead with support from Negotiating
Team
annually.
Develop and implement performance
measures and training with benchmark
evaluations and departmental
recognition.
Evaluations monthly by each
department and summary report to HR
Subsequent Briefing to CEO/GM
Review Annual Safety Plan
(Various Existing Plans - Required)
Implement changes as needed to update Director of Human Resources with
Safety Plan.
Director (and Risk Manager
contributions
February 18, 2014
Page 8 of 11
Director of Human Resources with
Directors
1.
2.
3.
4.
5.
6.
Maintain a 95%+ "meets expectation" review rating for UC employees. Goal 98%. Completion of 100% of
annual employee performance evaluations.
Reduce number of injury/illness accidents per year by 10%. Target <12 accidents per year. Goal <1. Injury Rate
equals the # of cases x 200 divided by the total hours worked.
Prevent vehicle accidents with less than 3 UC employee- caused accidents per year. Goal: 0%. (frequency rate =
# of preventable vehicle conflicts x 200.000divided by total miles driven)
Reduce discharge of employees from workplace due to DOT or DFW alcohol/drug testing violations to zero.
Goal: <2 discharges per year.
100% attendance rate for mandated UC trainings.
90% of new hire retention after -180 day probationary period. Goal 95%.
Growth Management
6.
TO BE GROUNDED IN OUR STRATEGle PLANNING
To create a dynamic organization that is prepared to meet the challenges of the utility service provider industry. Planning
is the creative work undertaken on a systematic basis in order to increase the stock of kn<?wledge and the use of this
stock of knowledge to devise new applications
1.
2.
3.
4.
5.
6.
·7.
8.
Strategies
Research and analyze alternatives and technological changes for electrical and water needs.
Develop and analyze strategic positioning for increased market competition and growth in service.
Continue monitoring all Departments practices and comparing to industry practices to assure we are providing the best
most cost effective electric service possible.
When practical, implement new industry practices that will allow Departments to support corporate growth.
Work with other UC Departments to evaluate, recommend and implement new technologies that will move the
Utilities Commission forward to enhance the Utilities Commission's ability to improve in order to excel providing
customer service.
Establish an electrical and water 5-10 year transition plan based upon a "Best Total Price" and supply mix platform.
Promote decreased fossil energy demand through the use of technology and proprietary approaches to consumption,
energy management, and renewables. (also conservation and demand management)
Promote water conservation through the use of technology and alternative approaches relating to consumption, energy
management in distribution and plants.
Implementation Plan
Tactic
Responsibility
Goals
Time-to-market of new
products/services. The time it takes
from the time a product is envisioned
or defined until it is a service to our
customers.
To implement new products/services
within stated time frame 90% of the
total "roll-outs"
Directors, CFO
Develop a 5, 10 and 20 year planning
for business structure
Initial Plan by September, 2014 and
revised annually
CEO/GM
February 18, 2014
Page 9 of 11
1.
2.
3.
85% of new product/service developments launched on budget.
5% of dedicated resources for Planning.
10% of R&D projects involving customers.
Objective-Public Relations
7. TO PROMOTE AWARENESS OF OUR VALUE-ADDED SERVICES
To effectively communicate with and educate the public and our customers of the value and benefits of the DC and to gain
understanding and involvement in the UC's role and contribution to our community.
Strategies
1. Continue working with Finance Department's Purchasing Group to assure the Utilities Commission is always
implementing most cost effective alternatives.
2. Continue evaluating industry standards and trends to assure that the Departments are developing valuable partnerships
that promote solid financial success.
3. Cultivate and retain customer relationships as the primary focus of the Utilities Commission.
4. Interact with and educate local organizations regarding the role ofthe Utilities Commission in the Community.
5. Develop and maintain communication processes with emergency responders and local and state to mitigate effects of
catastrophic events.
6. Provide new and pertinent information to customers in the form of monthly brochures, mailings and website
announcements.
Implementation Plan
Tactics
Modify and improve these
initiatives as a dynamic tool.
Communication with ratepayers
through publications, notices, and
direct contact.
Responsibility
Goals
Modify plan as appropriate.
Direct contact with one "major"
ratepayer monthly. Continued
review and revision where
necessary of web site and
promotional materials.
February 18, 2014
Page 10 of 11
CEO/GM
Directors
1.
2.
3.
4.
5.
6.
All UC personnel to have at least one customer service related training each year.
Electric, water and wastewater operations facilities to have one open house for customers per year.
Make a presentation on utility related topic to an appropriate local community group at least bi-annually.
Hold training exercises with emergency first responders annually.
Have UC booth/table at all significant community events.
Monitor website and Interactive Voice Response (IVR) for customer visits - provide "reminders" to insure increase in
site visits by customers.
February 18, 2014
Page 11 of 11

Regular Meeting

Transcription

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