Regular Meeting - Utilities Commission
Transcription
Regular Meeting - Utilities Commission
W. HALL, CHAIRMAN L. GRIFFITH, VICE CHAIRMAN W. BIEDENBACH, SECY. -TREAS. K. BOHANNON, ASST. SECY. -TREAS. W. DAVIS, COMMISSIONER (Officers Apptd. 9-15-14) W. PRESTON, LEGAL COUNSEL W. MITCHUM. GMICEO AGENDA*** REGULAR MEETING OF THE UTILITIES COMMISSION CITY OF NEW SMYRNA BEACH, FLORIDA TO BE HELD MONDAY, MARCH 16,2015, 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 V.C. Commissioners 3. Public Participation **4. Approval of Consent Items a. ./ Minutes of Regular UC Meeting Held 2-23-15 (u. e. and State Requirements) b . ./ Minutes of Special UC Meeting Held 3-4-15 (u.e. and State Requirements) c . ./ Acceptance ofIBEW Reopener Ratification for FY2015 and Formal Approval ofOeneral Wage Increase (u.e. and State Requirements) d. ./ System Ops. SCADA System Upgrade - Open Systems International (OSI) Hardware and Software Upgrade (Sole Source) - T. Beyrle (u. e. and State & Federal Requirements) e. ./ Electric Fleet Vehicle - Bucket Truck (1) L45M - GSA Contract Purchase No. GS-30F10280 - Altec Industries, Inc. - M. Rodriguez (u. e. and State Requirements) 5. General Manager's Report - R. Mitchum a. Financial Status - February 2015 - B. Bilinski b . ./ Contract of Employment - General Manager/CEO - Chairman Hall (u. e. and State Requirements) 6. Commission Counsel's Report a. ./ Replacement Attorney-Client Fee Agreement For Engagement of General CounselChairman Hall (u.e. and State Requirements) 7. Old Business a. ./ Asset Management - Recommendation for Sale of Sugar Mill former Water Treatment Plant Site (Proposed UC Res. No. 2-15) - B. Bilinski (u. C. and State Requirements) PAGE TWO OF TWO W. HALL, CHAIRMAN L. GRIFFITH, VICE CHAIRMAN W. BIEDENBACH, SECY. -TREAS. K. BOHANNON, ASST. SECY. -TREAS. W. DAVIS, COMMISSIONER (Officers Apptd. 9-15-14) W. PRESTON, LEGAL COUNSEL W.MITCHUM,GNUCEO AGENDA*** REGULAR MEETING OF THE UTILITIES COMMISSION CITY OF NEW SMYRNA BEACH, FLORIDA TO BE HELD MONDAY, MARCH 16,2015, AT 6:00 P.M. 200 CANAL STREET, DEBERRY ROOM, 3RD FLOOR NEW SMYRNA BEACH, FLORIDA 8. New Business 9. Possible Other Business - Time for Commissioners a. Discussion Item: RE: Rescheduling of City Joint Workshop .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, FEBRUARY 23, 2015, AT 6:00 P.M., AT 200 CANAL STREET, NEW SMYRNA BEACH, FLORIDA Chairman Hall stated before we start the meeting, for those who wish to participate, we're going to have a prayer and the pledge of allegiance. He requested Commissioner Biedenbach to give the invocation and Commissioner Davis to lead in the pledge. Chairman Hall said hello to Mr. Khalid Resheidat (Asst. City Manager) who was in attendance and welcomed him and all others to this meeting. Commissioner Biedenbach then asked Chairman Hall ifhe saw Oscar Zeller. Chairman Hall answered yes, I see two former Commissioners. A couple of other Commissioners indicated three. Chairman Hall then said there's Walter Allen, sitting on the far left, Oscar Zeller, and Dr. Jeanne Diesen; and added three of my favorite people. Chairman Hall then requested for roll call to be taken, with all Commissioners in attendance as follows: Commissioner William E. Biedenbach Commissioner Kenneth L. Bohannon Commissioner Walter C. Davis Commissioner Lee B. Griffith Chairman William E. Hall 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; R. Lemoine, Director of LT.; B. Pitcher, HRIBenefits Manager; D. Wainscott, Engineering Manager; D. Wood, Customer Service Manager; D. Zorge, Customer Service Supervisor; E. Fisher, Info.-Quality Assurance Manager; B. Keehn, Administrative Support Specialist; D. Simmons, Exec. Services Mgr.lRecording Secretary; W. Preston, D.c. Legal Counsel; and son Eric Preston; Khalid Resheidat, Asst. City Manager; Walter Allen, Jeanne Diesen, Oscar Zeller, all members of the public. (1) Agenda Changes, Additions and Deletions: There were no agenda changes, additions, and/or deletions. (Confirmed below.) MINUTES OF REGULAR UC MTG. HELD 2-23-15 (2) Public Participation PAGE 2 (includes Ex Parte Communications by D.C. Commissioners) : Chainnan Hall stated before we get to public participation I need to do a declaration of ex parte communication. Last week I had breakfast with the City Manager of New Smyrna Beach, Judy Reiker, City Commissioner for the City of New Smyrna Beach, and Oscar Zeller (fonner U.C. Commissioner). He stated we talked about everything under the sun and we did talk about several things that pertain to the Utilities Commission and to the City of New Smyrna Beach. He then asked if any of the other Commissioners needed to declare anything. There being none, Chainnan Hall went back to item 1. and confirmed with Mr. Mitchum that there were no agenda changes, additions and/or deletions. (3) Approval of Consent Items: Chainnan Hall then stated agenda item 3, approval of consent items, and asked for a motion. Commissioner Bohannon made a motion to approve the consent items: Item 3-a. Minutes of Regular Meeting Held 1-26-15, approve as submitted; item 3-b. Withdrawal of Monies from CR-3 Decommissioning Trust Fund, approve U.C. Resolution No. 1-15 authorizing the U.C.'s General Manager/CEO and Director of Finance/CFO to withdraw $36,947.45 from the U.C. 's CR-3 Decommissioning Trust Fund bank account (reimbursement ofO&M expenses); item 3-c. Interest on Customer Deposits, approve the interest rate of .05% to be computed on customer's deposits and become effective with the first billing cycle of March, 2015; item 3-d. ITB #03-15 - Central Wellfield - Task "C" Pipeline Construction, approve and award bid to the low bidder meeting specifications/requirements, J.D. Weber Construction Co., in the amount of$218,150, and authorize the GMiCEO or his designee to execute the documents associated with this matter; item 3-e. Amendment No.1 to Developer's Agreement and Addendum for New Smyrna Chevrolet (S.R. 44) / TT of New Smyrna Beach, LLC, approve the amendment and authorize the GM/CEO or his designee to execute these documents; item 3-f. Developer's Agreement and Addendum - New Civic Center (Brannon Center - 105 S. Riverside Dr.) / CitY of New Smyrna Beach, approve as submitted and authorize the GMiCEO or his designee to execute these documents; item 3-g. Developer's Agreement and Addendum - Cafe Heavenly (115 Flagler Avenue) / Stephen P. Williams, approve as submitted and authorize the GMiCEO or his designee to execute these documents; and item 3-h. Developer's Agreement and Addendum - Riviera Recreation Hall (300 North Causeway) / Donnie H. & Marlene Williams, approve as submitted and authorize the GMiCEO or his designee to execute these documents. Commissioner Griffith seconded this motion which then passed unanimously on a roll call vote. (2) Public Participation (cont.): Mr. Preston then asked Chainnan Hall ifhe missed, but was there an opportunity for public participation. Commissioner Bohannon stated there was not. MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 3 (2) Public Participation (cont.): Chairman Hall then stated he had not checked that offhis list and stated we're now open to item number two, public participation, and asked if anyone wished to speak to the Commission. There being none, he then thanked Mr. Preston for reminding him. (4) General Manager's Report: Chairman Hall stated number 4., General Manager's Report, and then stated Mr. Bilinski I think you're up first. (4-a) Financial Status - January 2015: Mr. Bilinski addressed the Commission by stating good evening Commissioners, for the month ended January 31, 2015, the Utilities Commission's change in net assets for the combined system is a positive $243,546. The balance in the fuel and purchased power account is an over recovery of $724,000, which is a decrease of approximately $151,000 for the month. He then offered to answer any questions. Chairman Hall then asked if the Commissioners had any questions for Mr. Bilinski. Commissioner Bohannon asked Mr. Bilinski if the Crystal River money that was in the consent agenda was going to go into that fund (purchased power) or just a general fund. Mr. Bilinski answered general fund (reimbursement ofO&M expenses). Commissioner Bohannon stated okay. (4) General Manager's Report (cont.): Chairman Hall then asked ifthere were further comments, and recognized Commissioner Griffith. Commissioner Griffith stated yes, two quick questions, one regarding the IBEW Union negotiations, did that proceed along this past week. Are they scheduled for another meeting or what. Mr. Mitchum stated I believe they are scheduled for a ratification. Commissioner Griffith reiterated a ratification, good, okay. Second thing, Mr. Bilinski I need your help on this one, going over the 2014 numbers, purchased power was up 12.7%. Now is that a combination of growth, real new growth, as well as rate increase, I couldn't quite figure that out looking at the report; $2.8 million versus 2013. He added we don't have to solve it today, you can get back to me later. Mr. Bilinski commented we did have higher usage. MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 4 (4) General Manager's Report (cont.): Commissioner Griffith stated had higher uses of course, I think ofthat as new growth. Mr. Bilinski stated I'm just not sure I can quantify that for this evening but I can get you a number. Commissioner Griffith stated okay. Mr. Bilinski continued and there was some new contracts, confirmed with Mr. Beyrle, that cost a little bit more to get some firm capacity. Commissioner Griffith stated just a thought, it would be good to break out the difference so that we know what's going for new growth and then what is rate change. Mr. Bilinski stated okay. Commissioner Griffith thanked Mr. Bilinski. (The requested purchased power variance was included in a response, via email, to all V.C. Commissioners on 2-27-15: electric consumption/sales increased over 30 million kWh accounting for 2/3 of variance - approx.. $1.9 million and purchased power cost increase by $ .0022 cents per kWh which resulted in a price variance of approx.. $ .9 million.) Chairman Hall also thanked Mr. Bilinski before going to the next item. (4-b) FY2015 Strategic Initiatives and 2014 Strategic and Objective Accomplishments: Chairman HaIl stated all right, item 4-b. He stated before Mr. Mitchum goes over this item, I wish everybody had an agenda out there because I knew all this stuff was happening, he corrected to I knew that everything was happening on the initiatives and the strategies and the goals but once it's put down in a written form and by department or whatever it really stands out. And all I can say is Mr. Mitchum and Mr. Preston and all of our Directors and staff, you can really be proud of yourselves, this is outstanding. And again I go back to my reference point, I came on board May of2005, I replaced a Commissioner who was taken off the Utilities Commission by the City of New Smyrna Beach, and it was a different world back then. And through the years we have, you all have, worked extremely hard and just let me say, I speak on behalf of the Commission I think that you can be proud of yourselves and you will continue to improve. You know excellence is not an end to itself, it's a continuing process, we never really reach true excellence, it's always here, or here, or here, and we have to keep looking for ways to do things better, and that will be our challenge. But again, I am extremely proud and with that I'm going to ask Mr. Mitchum to highlight the report. Mr. Mitchum thanked Chairman Hall and stated like I said, this is basically our report card for the year which we present at this time each year, and I don't usually like to "toot horns" too much but the staffhave worked very hard, the whole team in accomplishing this. There's MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 5 (4-b) FY2015 Strategic Initiatives and 2014 Strategic and Objective Accomplishments (cont.): obviously too many here to list but I would like to thank them myself for such hard work and dedication to getting to this point. Like I said, ifthere's anything in it anyone has any questions on, be glad to discuss those. Commissioner Bohannon stated yes, I saw that one ofthe goals is to complete the GIS installation by June 30, how we doing on that and do you think we'll be able to meet that goal for complete integration by that time. Mr. Mitchum stated I don't know if that was the complete ... Commissioner Bohannon stated installed and functioning by June 30, 2015. Mr. Mitchum stated parts of it are going to be installed and functioning, and already are, I don't know if that was completed. He then asked Commissioner Bohannon for the page he was referring to. Commissioner Bohannon stated I'm looking on page 7 of 11; and added he was so happy to see this on there. Mr. Mitchum stated it is going forward, Mr. Rodriguez might have a little more information on as to where we are, but as far as June 30th complete integration will not occur by June of this year. Commissioner Bohannon interjected maybe July 1st. Mr. Rodriguez addressed the Commission and stated it depends what you call complete integration. The GIS map conversion is 99% complete, we've got a few issues that we're working on with the vendor, we're in the, as the Manager's Reports have stated, we're working with Cogsdale and that's the only thing that we're lacking is a Cogsdale interface for our customer updates and some minor, I'd say queries that we would like that we asked our contractor to perform. For example one of them is to be able to query by address any location within the map, once that is performed then that will be done before June 1st. Commissioner Bohannon stated does it have to be 100% before you're using it or are you using the queries now. Mr. Rodriguez stated no, we're not using the queries now, our next step is to purchase the tablets and we're going to have two training sessions for 40 employees all together. And once we do that it will be deployed, so our crews will start using the maps electronically and there will be no more paper maps. Commissioner Bohannon stated okay. MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 6 (4-b) FY2015 Strategic Initiatives and 2014 Strategic and Objective Accomplishments (cont.): . Mr. Rodriguez stated once, so if you ask me that was our goal for this year. Commissioner Bohannon stated this past year, 2014. Mr. Rodriguez stated no, this year. Commissioner Griffith stated by June of this year. Mr. Rodriguez stated we're actually, I think we're ahead of the game, once we have implemented what's called the ArcFM Viewer and ArcFM Redline, which is the tool that's going to allow us to maintain our maps up to date, then our next step is the outage management system, and that will be next year or hopefully late this year. Commissioner Bohannon stated okay, so maybe June for an outage management system; is that a feasible goal, because I see acquire, install, and implement GIS system alongside outage management system. Mr. Rodriguez stated the GIS is, but the GIS per se if you want to look at GIS, that's complete. Commissioner Bohannon then stated okay, but we're not using it yet. Mr. Rodriguez stated but we're, well we're using GIS now, we don't have, we're not maintaining paper maps anymore, so we are using GIS now, as we speak. Commissioner Bohannon stated and we're going to deploy, hopefully sometime before June, what tablets and training. Mr. Rodriguez stated yes; before June we'll have the tablets out, actually we'll have training next month. Commissioner Bohannon stated great. Mr. Rodriguez stated so yes, before, by June hopefully everybody will be using tablets, I wouldn't say everybody but the first "wave" of tablets will be out. We may use more, we may use less, we'll know when we implement and when we deploy the system how many we need. Commissioner Bohannon stated okay so we're just going to kind of play that one by ear, that's working well, we're going to order more tablets and deploy more. Mr. Rodriguez stated we're going to order 20 tablets and we'll see how we deploy those, I have ten in my department and Mr. Hoover is going to get ten in his department. And we also MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 7 (4-b) FY2015 Strategic Initiatives and 2014 Strategic and Objective Accomplishments (cont.): have a lot of desk top computers that are being upgraded to be able to utilize the new software. And there's two, there's desk top computers and there's tablets for the people in the field, some people will have both. He then jokingly commented the hard workers will get both. Commissioner Bohannon then commented so they're saying there's a chance for you there Mr. Rodriguez, all right. Mr. Rodriguez then asked if there were any other questions. Commissioner Bohannon stated no, I just didn't know whether that would be feasible or not so maybe an outage management system late this year to next year. Mr. Rodriguez answered yes. Commissioner Bohannon stated okay, all right. Chairman Hall thanked Mr. Rodriguez and asked if there were any further comments about the report. There being none, he stated again, quite a summary of what the Utilities Commission is doing. (5) Commission Counsel's Report: Chairman Hall then stated item number 5., Mr. Preston. (5-a) Section 112.3143, F.S. Compliance - Publicly Read Form 8B into Record - Voting Conflict / Commissioner Davis: Mr. Preston stated pursuant to statute I'm reading the following notice of conflict into the record, D.C. Commissioner Davis abstained from voting on consent item 3-c. at the U.c. Meeting held January 26,2015, due to a conflict of interest. Commissioner Davis completed the form 8B, Memorandum of Voting Conflict for County, Municipal and other Local Public Officers. This completed Form 8B was distributed to all U.C. Commissioners on January 27, 2015 via email. This Form 8B is attached to the January 26, 2015 U.C. Meeting minutes. He concluded by stating and that's it, thank you. Chairman Hall stated this item does not require action by this Commission, now does anyone have any questions of Mr. Preston. There being none, he stated all right we'll move on to item number 6. (6) Old Business Chairman Hall stated item number 6, old business, commented I don't think we have any. MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 8 (7) New Business Chairman Hall then stated new business, there being no items here either, he moved on to the next item. (8) Possible Other Business - Time for Commissioners: (8-a) Discussion Item: City Joint Workshop: Chairman Hall stated we're going down to Possible Other Business, discussion item on the City Joint Workshop. He stated I would add a fourth item to this to be talked about and that is the date. Mr. Preston has a conflict and I may have a conflict and we may want to back it up to some other date. Mr. Preston stated just to correct that in may before you go or consider too much further, mine is not a conflict that I cannot change. I just was surprised at the timing when we were talking earlier as to the timing of the meeting, so that should not be an issue. Chairman Hall stated okay, at the last Commission meeting there was discussion about the time and I think that we all decided that 6:00 p.m. would be a very good time but City Commissioner McGuirk has indicated that 6:30 p.m. would be a better time for him and our response was that would be all right. The feeling among this Commission was that two hours at the most and hopefully an hour and a half, and that could be controlled by, frankly by Mayor Hathaway and by myself. But we'll work on the date, so let's just put that aside and th we'll notify everybody for sure when it's going to be. Right now it's March 5 but if anything changes over the course of the next several days then we'll, Mr. Mitchum will be in touch with you. All right at this point I'm going down to number three, our topics which we discussed at the last meeting, the 800 acres ... Mr. Mitchum interjected the Western Utility Complex. Chairman Hall stated excuse me, the Western Utility Complex, I like that a lot better than 800 acres. He commented we need to put a big sign out there. And the added Williamson Extension are going to be rolled into one. He then asked Mr. Mitchum what was the other topic. Mr. Mitchum answered water and sewer, and stated we will be providing materials previous to the meeting date. He also pointed out and stated that date that you mentioned is about ten days from today. Chairman Hall stated yes, it is, it's exactly ten days from today. He then asked Mr. Mitchum ifhe and the Directors had corne up with any additional topics. Mr. Mitchum stated they had discussed it and figured the water and sewer, and the ones that we have would take up enough time, and that we would provide information as far as our capacity for those. Also we're working on a new diagram for allocation of lands out on the MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 9 (8-a) Discussion Item: City Joint Workshop (cont.): Western Utility Complex and also Williamson, whether it will or will not ever come through; but we will have specifics for you. Chairman Hall then asked if the U.C. had received any specifics on the City's topics. Mr. Mitchum stated Friday afternoon, about 4:30 p.m., I did receive an email from the City Manager which I immediately forwarded to all of you Friday afternoon. I don't know how much time you've had to look at it, that was after several attempts to get some specificity about these topics. He reiterated that came Friday afternoon about 4:30 p.m. Chairman Hall stated okay. He then asked if there were any questions from the Commissioners about that topic of these details. He commented I'm not going to say the word, I'm going to say detailed. Commissioner Bohannon commented you're the one who said it first. Chairman Hall responded I know, I'm not sure I can do it twice in a row though. He then stated specificity and asked if anybody had any questions or concerns about that. Okay, does everyone feel that we're ready to meet, if not on March 4th (sic 5th), on some date in the near future. Commissioner Griffith stated March 5th at 6:30 p.m. Chairman Hall then stated 6:00 p.m. unless we tell you otherwise. Commissioner Bohannon stated I think you just told us otherwise. Chairman Hall stated no, yes I did but ... Commissioner Biedenbach then stated you want to start this again. Chairman Hall stated no, I don't, because I'm going to want to try to get out of here; adding that's not good. He then stated I did say that, it's 6:30 p.m. Okay, we're set to go then. Commissioner Biedenbach stated March 5th at 6:30 p.m. Chairman Hall stated yes sir, and added right now I think we're planning to meet in the City Chambers, am I correct to Mr. Resheidat, who indicated yes. Okay, we'll offer this room and then asked Mr. Resheidat if there were removable chairs over there, who indicated yes. He stated okay, then we're okay. He then stated I think the first time we met it was in the Brannon Center and asked Dr. Diesen if that was correct. Dr. Diesen indicated we met on the beachside once. MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 10 (8) Possible Other Business - Time for Commissioners (cont.): Chairman Hall stated with that we're going to go down to Time for Commissioners and recognized Commissioner Davis for his comments. Commissioner Davis indicated he did not have any comments. Chairman Hall stated he's good and then added Commissioner Davis had to miss a skiing trip folks. I'm proud of you that you're still a skier. He then recognized Commissioner Griffith for his comments. Commissioner Griffith stated he had a couple of comments about the upcoming meeting on the 5th at 6:30 p.m. Just to want to make sure we're comfortable around some structure and some organization. And I know that you and Mayor Hathaway have met and that's great, that's a great start, but before we jump into the topics my suggestion is we get real clear on our purpose and objectives of what we're trying to accomplish with the two groups getting together. Identify the issues and opportunities around each ofthe subjects so we all understand is this an issue or is this an opportunity, and then how do we go forward. And I just, talk a little bit about getting real clear on the "what's" and then get real clear on the "how's"; can't go deal with the "how's" until you get real good clarity on the "what's". Which is why I back up and say we've got to get real clear on purpose and objectives. Is that worth another little discussion Mr. Chairman with Mayor Hathaway, are you comfortable we'll be able to follow the orderly process. Chairman Hall stated either that or discussion by our General Manager with the City Manager. Commissioner Griffith stated great, that would be two good points. Chairman Hall then stated they're not in the Sunshine on that type ofthing, I am with the Mayor. Commissioner Bohannon stated no you're not. Commissioner Griffith then stated no you're not with Mayor Hathaway because we can talk to somebody on the City Commission. Chairman Hall stated that's right. He then asked Mr. Preston if he agreed with that. Mr. Preston answered no sir, my recommendation is this not be done by conduit, that you all decide as a Commission, again what specificity you may want in regards to the "what" and the "how" and were not answered, and then give the City Commission the opportunity to as a body to provide response and/or answer. But I would strongly discourage and recommend against any kind of conduit approach at this point. MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 11 (8) Possible Other Business - Time for Commissioners (cont.): Commissioner Biedenbach then asked is this billed as a workshop, which I believe the rules and regulations for a workshop are different than for meetings. Am I under some wrong impression here, but I thought a workshop was sort of a free wheeling, you can talk about, and anybody can talk, it's because it's advertised as a workshop that you guys, we can all talk back and forth, and then there's no Sunshine or anything else because you have declared it as a workshop and anybody can be there that wants to be there. Mr. Preston stated let me say that we live in Florida and there's always Sunshine, so Sunshine applies to anything ... Commissioner Biedenbach interjected if you had been around on Tuesday you might have had some discussion about that, but go ahead sir. Mr. Preston stated but that's irrelevant to I think what your question is and that is the distinction between a designated workshop versus a designated meeting. And if that's your question, traditionally workshops are more informal in the sense that decisions are not made at workshops, just there is discussion had. Commissioner Biedenbach stated right. Mr. Preston stated and then traditionally meetings are where you are in a decision making mode at that point. So that's traditionally how they have operated but it's not a matter of Sunshine. I mean it is in the Sunshine, there'll be a publication ofthe meeting and there will be opportunity for open discussion and public participation. Commissioner Biedenbach stated because there are no decisions made at workshops, this is a criterion of a workshop, is that a correct ... Mr. Preston stated that's being a traditional mode of a workshop, that is correct. Commissioner Biedenbach stated then why are you telling us to talk to the Mayor or the Commissioners before the meeting because if there are no decisions to be made because it is a conversation. Mr. Preston stated and my response was have the conversation be by and between the Commissions, not by and between anyone individual on the Commission, but it can be and should be an open communication between the Commissions. Chairman Hall then stated I'm okay with that, how about the rest of the Commissioners, you okay. Commissioner Biedenbach stated if that's what we're going to say then that's what we're going to say. I don't happen to agree with it but it wouldn't be the first time that ... MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 12 (8) Possible Other Business - Time for Commissioners (cont.): Chairman Hall stated okay, the workshop one is going to have a set agenda, I'm going to say somewhat of a set agenda because certainly we always have the right to add something at the last meeting, and two there are no decisions made, and number three I, if someone on this Commission were to have a conversation with a City Commissioner, or even the City Manager, I'm just the type of nosy guy I'd like to know what was it about, especially as we, you know this is the fIrst time we've done this in years. 1 don't think we've done it, we've not done this in the last six to nine years and it is something that we need to do and the Mayor has agreed that we need to do this, and it's not going to be an "I Gotcha" meeting and 1 will as your Chairman I will not allow it to come to that, and I don't think Mayor Hathaway going's to let it come to that. It's a time to share some ideas to look into the future based on what we've done as two distinct organizations over the years. Mr. Preston requested to add a comment. Chairman Hall stated sure. Mr. Preston stated hence the reason and the purpose for ex parte communications. Chairman Hall stated yes. Mr. Preston continued, just as you said if anyone member of this Commission should have conversation with anyone member of the City Commission or any other person or entity, that may have some influence andlor bearing on the decisions of this Commission then the revelation of ex parte cOIilmunications is to not only identify 1 had a conversation, but the nature of the conversation as well. So that through that revelation of the nature of the conversation the other Commissioner members, Commissioners, have the benefIt that individual may have through those communications. He then concluded by stating if that makes sense. Commissioner Biedenbach then stated then I'm going to have to declare, because 1 was with Mrs. Brangaccio (City Manager) the other night in my duties as a Rotarian. She's going to take one of our students, and while we over there discussing her taking one of the students I said are you ready for this meeting and she said I'm as ready as I'm going to be. I've seen the Mayor when he's been in the supermarket putting bread up and said you know I'm glad that we're having this meeting. 1 see Judy Reiker every week in Rotary at lunch time and sometimes there's comments made and sometimes there aren't. How do I handle that? Mr. Preston stated you are handling that properly now. Commissioner Biedenbach stated okay, fine, 1 see those people on a real regular basis. Mr. Preston stated then we will hear from you on a real regular basis. MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 13 (8) Possible Other Business - Time for Commissioners (cont.): Chairman Hall stated okay, where was I, Commissioner Griffith, Commissioner Davis; and then stated Commissioner Griffith do you have another item. Commissioner Griffith stated just for a little more clarification, I'm assuming this is going to be a workshop, and that's what we really what to ensure happens. Again my only point earlier was to ensure that we've got to provide some structure. I think we can all, if we all kind of feel that way, sense that, I think we can provide the structure as a total Commission here with the City Commissioners. Both sides, even keel, and let's go and talk about it, make it happen. Chairman Hall stated well we have the topics and at this point we do have in writing what we're going to talk about, more than just a general topic, and we've received some of that from the City. And I'll just assure this Commission that Mr. Mitchum and I will make sure that it is structured and we're not going to be spinning our wheels. I'm sure the City has the same feeling, okay. Commissioner Griffith stated okay. Chairman Hall then recognized Commissioner Bohannon for his comments. Commissioner Bohannon stated to Mr. Mitchum, we got all the bids back. Mr. Mitchum stated excuse me. Commissioner Bohannon stated the bids, last week, on the vacant properties. Mr. Mitchum stated we got back two, I think, one was for one small piece down on Myrtle and one was for the piece where the "V" comes together at 44 and Canal, and those are being evaluated at this time. Commissioner Bohannon stated so for all the properties we got two bids back. Mr. Mitchum stated that's all we got, one bid on one piece and one bid on the other. He stated I believe that is correct and confirmed yes with Mr. Bilinski. Commissioner Bohannon then stated after we complete those are we going to be sending these back out. Mr. Mitchum stated as far as the others, I'm sure we will put them back out again, and like you said, part of that being a very small parcel and the interest will probably be from homeowners either side possibly if there is someone. That's what happened, I believe, on South Myrtle, but on some ofthe others I think when people looked at them it's not anything they could us unless they are right there. I'm not too surprised that that was the only bids we got on those pieces of property. We're still trying to finish up the Sugar Mill piece and get MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 14 (8) Possible Other Business - Time for Commissioners (cont.): the appraisal on that done and recommendations back. He added, and I believe I sent out an email to each of you, all Commissioners, where a previous Commission had determined that they would consider the bylaws of the Sugar Mill Homeowner's Association if they did determine to put that up for sale. Commissioner Bohannon stated okay. Chairman Hall then asked Commissioner Biedenbach if he had any further comments. Commissioner Biedenbach indicated no. Chairman Hall then stated all right I don't have anything, I said what I needed to say under that item on our goals and initiatives, and again I want to thank staff for the tremendous work that you all do. Mr. Preston stated before adjournment, I'm sorry to seemingly out of order but during ex parte revelation you indicated that you had a meeting with but not the nature of the discussion and my opinion is that you should provide the nature of the discussion to your fellow Commissioners as well. Chairman Hall stated I did. Mr. Preston stated then I missed that. Chairman Hall stated I'll try to repeat what I said, we talked about a number of items that were related, some were related to City Commission business and our business, other items were of a personal nature that had to do with off spring and committees that some of us might be appointed to in the near future, and the discussion about matters between the U.C. and the City Commission, talked about how specific each side needed to be on their topics, and how there was a desire on the utility's part, Utilities Commission's part to get into a working relationship with the City Commission through the workshops. He stated and I'm paraphrasing what I said that day, so that will be in the minutes twice. Mr. Preston stated this is for your protection. Chairman Hall stated for my protection, thank you sir. He then stated with that we are adjourned. MINUTES OF REGULAR UC MTG. HELD 2-23-15 PAGE 15 (8) Possible Other Business - Time for Commissioners (cont.): There being no further business to come before the Commission, the Regular D.C. Meeting closed at 6:37p.m. APPROVED: ATTEST: CHAIRMAN SECRETARY- TREASURER These minutes were formally approved by the Utilities Commission at their _ _ _ _ __ 2015 meeting. AGENDA ITEM 4-b MINUTES OF SPECIAL MEETING OF THE UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, FLORIDA, HELD WEDNESDAY, MARCH 4, 2015, AT 8:30 A.M., AT 200 CANAL STREET, NEW SMYRNA BEACH, FLORIDA Chairman Hall stated before we start the meeting we're going to have a prayer and the pledge of allegiance. He requested Mr. Preston to give the invocation and for himself to lead in the pledge. (1) Joint Workshop (3-5-15) Postponement Consideration - Chairman Hall: Mr. Preston stated just so you are aware before you begin formally, Mr. Mitchum is not here obviously and the reason being yesterday afternoon his father-in-law in the Ft. Pierce area was taken to a hospital with a massive heart attack. And I spoke with Mr. Mitchum just a few minutes ago and he tells me that he did have a massive heart attack, that they went in for surgery, a four hour surgery last night, did a triple bypass and a valve replacement, had another massive heart attack at that juncture, so it does not look good. So he's there, could not be here this morning. Chairman Hall thanked Mr. Preston for that information and then stated the original reason that we called this meeting was because of my dying friend in Sarasota. He stated to Commissioner Davis, you know him, Bill Hayman, and added he has acute leukemia. Mr. Preston then stated, as a point of order, before we get too involved in the discussion, we need a roll call. Chairman Hall then requested for roll call to be taken, with a majority of the Commissioners in attendance as follows: Commissioner Kenneth L. Bohannon (ABSENT) Commissioner Walter C. Davis Commissioner Lee B. Griffith Chairman William E. Hall Commissioner William E. Biedenbach Others in attendance were as follows: R. Mitchum, General Manager/ CEO (ABSENT); W. Preston, U.C. Legal Counsel; and D. Simmons, Exec. Services Mgr.lRecording Secretary. Chairman Hall then stated okay, now, my situation is this, I received a phone call this morning from Mr. Hayman's brother who had tried to reach me last night on my cell but I was at a meeting in Daytona, did not look at my cell phone until this morning. But my friend has taken a turn for the worse, I mean a severe turn. He was only given a couple weeks to live last week, so I'm not heading over Thursday as he is not able to have visitors at this point. And in view of Mr. Mitchum's father-in-law, that news is certainly not good so I'll entertain MINUTES OF SPECIAL UC MTG. HELD 3-16-15 PAGE 2 (1) Joint Workshop (3-5-15) Postponement Consideration - Chairman Hall (cont.): any motions that you have, we'll discuss it first. So I'm going to throw it open to discussions from the Commission. Commissioner Griffith stated something that can help us, additional dates that we had identified, I think beyond the 5th . I don't have those in front of me but... Chairman Hall stated yes I think there were an additional one or two in March, am I correct Mr. Preston. Mr. Preston stated I do not recall, I do recall that we had discussed several dates. Whether they are still available we haven't had the need to follow up so I don't know that they are still available and I also do not know the exact dates that we had discussed. Chairman Hall then stated what day is March 13 th , Friday? Commissioner Griffith responded after checking his phone, that's right, we have another Friday the 13 th this month. Chairman Hall stated okay, that's not the date, I remember one additional date in the month of March but I think Commissioner Biedenbach had a problem and he was out of state. Commissioner Biedenbach stated yes, I am leaving next Tuesday morning (3-10-15). I am flying back in here for the Commission meeting Monday night. I am leaving Tuesday morning (3 -17 -15) and I will be gone for ten days after that. I believe I return on Thursday which I believe is the 27th or the 28 th of the month. Commissioner Griffith confirmed Thursday is the 26th • Commissioner Biedenbach stated the 26th , see I normally fly Tuesdays and Thursdays if! can, so it's the 26th , I will be back at that date. He then stated does Mr. Mitchum have a number two guy that is well informed, is Mr. Beyrle well informed. I notice that when Mr. Mitchum -is out of pocket that Mr. Beyrle normally is, the authority is transferred to him. Is he up to speed on this stuff that could go into this so that we could just go ahead and meet since apparently your reason for not meeting is ... Chairman Hall responded off the table. Mr. Preston stated my opinion is twofold, one Mr. Beyrle and others here are very competent and fill in with the need on an operational level day to day for Mr. Mitchum when he is unable to be here. So in that sense, whether it's Mr. Beyrle or others, though Mr. Beyrle is usually the one, is very competent to handle those duties. However, would not recommend that Mr. Beyrle or anyone other than Mr. Mitchum tackle this relational and important opportunity for the Utilities Commission, from a combination policy and directional MINUTES OF SPECIAL UC MTG. HELD 3-16-15 PAGE 3 (1) Joint Workshop (3-5-15) Postponement Consideration - Chairman Hall (cont.): perspective. I think that this is, and it's not demeaning to Mr. BeyrIe at all, but Mr. BeyrIe wouldn't be up to speed in that regard. Commissioner Griffith interjected to Commissioner Biedenbach his thought was if we are missing two people, we probably should, be best to reschedule. Commissioner Biedenbach stated are we missing Mr. Mitchum ... Commissioner Griffith stated I'm assuming Chairman Hall and Mr. Mitchum. Chairman Hall then stated I could be there Thursday night. Commissioner Griffith stated oh, you could be there Thursday night, I'm sorry, I missed that. Commissioner Biedenbach stated yes, he just pulled that off the table. He then asked if we knew if Commissioner Bohannon had scheduled for Thursday night. Mrs. Simmons indicated the last time she had spoken with him, Commissioner Bohannon was planning to attend, adding that this morning he had mediation. Commissioner Biedenbach stated I just feel because this thing has been such a struggle th getting on the 5 and everybody and their brother, and the correspondence that's gone back and forth that if we could put Mr. BeyrIe. He then additionally requested someone to give him the other two names of the heads of the departments. Mr. Preston stated the Directors of the various Departments or Divisions, there are several. You have the Director of Electric which is Miguel Rodriguez, then you have the Director of Water which is David Hoover, then you have the Director for IT (Robert Lemoine), and then you have Brian Bilinski (Director of Finance) as well. Commissioner Biedenbach then stated could we yank those five guys, do those guys know enough about what's going on that we would even want to try to keep this on track. Mr. Preston stated no sir and again that's my opinion based on ... Commissioner Biedenbach stated okay. Commissioner Davis stated that for himself, he wanted the CEO at the meeting. Mr. Preston added they're nowhere close of being able to, it's a whole different ball game for them. Commissioner Griffith stated yes. MINUTES OF SPECIAL UC MTG. HELD 3-16-15 PAGE 4 (1) Joint Workshop (3-5-15) Postponement Consideration - Chairman Hall (cont.): Chairman Hall stated I agree with Mr. Preston, our attorney, it's not that our Directors cannot do it, that's a lot of pressure on them and short period of time to really get up to speed, and I strongly prefer that our CEO be there for this meeting. I know we've had trouble setting it up but I was going to talk about a phone call I had, what's today Wednesday, I think I had it yesterday morning from a City Commissioner, Jason McGuirk. He asked me what was happening, he was getting copies of emails and he had hired a baby sitter for Thursday night. And I said you just go ahead and cancel that baby sitter I have to be out of town. I told him the reason why and he said I understand, I understand, he was fme with it. If he knows it I think probably the rest of that City Commission is just waiting to hear from us as to what we're going to do. Am I allowed to make a recommendation at this Chair, or talk about a recommendation. My recommendation would be that we postpone the workshop between the City Commission and the Utilities Commission until another date can be decided on by both parties to hold this joint workshop. Commissioner Davis asked is that a motion. Chairman Hall stated I need someone to make a motion, I can't make a motion, I have to step aside to make a motion. Commissioner Davis then stated okay, I so move. The motion was to postpone the workshop between the City Commission and the Utilities Commission until another date can be decided on by both parties. Commissioner Griffith seconded Commissioner Davis' motion. Chairman Hall stated okay we have a motion and a second. He then confirmed there was no further discussion desired and requested for a roll call vote to be taken. Commissioner Davis' motion then passed unanimously on a roll call vote. Chairman Hall stated before we close, I'm going to ask Mr. Preston to call the appropriate parties that work for the City. He then stated I will call the City Manager and tell her, okay. Mr. Preston stated we will certainly notify the City appropriately. Commissioner Biedenbach stated do we want to give them a bunch of dates that the five of us, or four of us, or seven of us are available so that we can show that and say hey, we're the ones that pulled the plug on this, here are the dates that we all are here in town. Commissioner Griffith confirmed further discussion was allowed with Chairman Hall and then stated I think that's a great idea. One, since we were doing Thursday nights can we just check a couple of people's availability for the next few Thursday nights. Chairman Hall stated that would be fine. MINUTES OF SPECIAL UC MTG. HELD 3-16-15 PAGE 5 (1) Joint Workshop (3-5-15) Postponement Consideration - Chairman Hall (cont.): Commissioner Griffith continued and stated he just suggested that, I think that would be a great idea. I mean like the 12th , the 19th of this month, I know I'm out the last, the 26th . Commissioner Biedenbach indicated he was gone both ofthose (lih and 19th). Commissioner Griffith commented so you're gone on both of those, I thought maybe you had one of those that could work; okay, well ... Mr. Preston then requested to make a suggestion, just as a suggestion, we have our regular meeting the third Monday. It doesn't appear that with conflicts of schedules that we're looking at scheduling prior to that any way. Maybe some dates can be circulated and searched, I know that Commissioner Bohannon is not here so we are looking at dates without his input as well, and then come to that meeting considering dates. He then confirmed that Commissioner Biedenbach would be here for that meeting. Commissioner Biedenbach stated I'm flying back in for that meeting, yes. Chairman Hall stated I think that's what we need to do but with one other addition, I think we need to let the City Commission give us some dates also because not only do I think all five of us need to be there, along with Mr. Mitchum and Mr. Preston, I want to see the five City Commissioners there, along with their City Manager and their Asst. City Manager. Commissioner Griffith stated sure, okay, yes sir. Chairman Hall then stated I don't need a motion on that we can just agree that's what we're going to do. Mr. Preston stated that's correct. Chairman Hall stated so we will wait until our meeting in March and select some dates then. He commented I think the City Commission has another meeting before we have our meeting in March and maybe they'll give us some dates at that point. Commissioner Biedenbach stated before you slam that gavel, does anybody have a problem with having the meeting either before or after our Monday night meeting, if the City could put that together. Chairman Hall stated yes, I do. Commissioner Biedenbach stated okay. Chairman Hall stated only for the point of view that we never can tell how long our meetings are going to be, even though we've been under 45 minutes for a long time, even before I became Chairman. If you have a 30 minute meeting and then another meeting on top of it, MINUTES OF SPECIAL UC MTG. HELD 3-16-15 PAGE 6 (1) Joint Workshop (3-5-15) Postponement Consideration - Chairman Hall (cont.): that meeting will not start until at least 15 minutes after we're adjourned and that puts us into closing at 10:00 p.m. And I'd rather that we would just be fresh going into a workshop meeting with the City Commission. And that's nothing against them or against us, I just think it's better for all of us. Commissioner Biedenbach then stated how about before, at 4:30 p.m., because you're looking to put an hour and a half closure on this meeting anyhow with the City. If you go at 4:00 p.m. and say hey, at 5:30 p.m. we've got to be out of here because we're going to go to our own meeting at 6:00 p.m. And then added, or don't you want to come in here all beat up either. Chairman Hall stated I don't have a problem with that, again I don't want us to get into a going to too long scenario, but we do have two members who work full time. I know you and I think we work full time but not in comparison with them, and that is Commissioner Bohannon and Commissioner Griffith. So I'm for waiting until our third (Monday) meeting and then we have dates from the City so be it and we can look at our calendars and go from there. I'm also going to suggest that we wait until after Easter because there's a lot of things going on the first two weeks before Easter, in churches and in everyday life. Chairman Hall confirmed there were no further comments from the Commissioners and adjourned the meeting. There being no further business to come before the Commission, the Special U.C. Meeting closed at 8:46 a.m. APPROVED: ATTEST: CHAIRMAN SECRETARY-TREASURER These minutes were formally approved by the Utilities Commission at their _ _ _ _ _ _, 2015 meeting. UTILITIES COMMISSION CITY OF NEW SMYRNA BEACH, FLORIDA AGENDA ITEM o o o ADM. OFFICE USE ONLY: 4-c CONSENT ITEM FOR MEETING OF: March 16,2015 NEW BUSINESS FROM: OLD BUSINESS SIGNATURE: Human ResourceslBenefits Manager Britnev . Pitcher EXHIBITS: CBA - Article VII (revised) and GWI of3.0% effective 10-1-2015; and Ratification Notice from IBEW SUBJECT: Acceptance of IBEW Reopener Ratification for FY2015 and Formal Approval of General Wage Increase SUMMARY: The Union's initial proposal for the FY2015 Reopener was a substantial general wage increase and for additional days to be added to the Personal Leave Time benefit. After a review of major economic indicators and evaluation of the U.C.'s financial condition, it was decided to present an offer ofa 3.0% general wage increase (GWI) to U.c. employees, effective 10/1/2015. Additionally, language revisions to Article VII, Seniority was proposed. After successful negotiation and productive discussion, the Union accepted the U.C.'s offer of a 3.0% GWI and Article VII language revisions and withdrew their initial request for additional Personal Leave Time days. A ratification meeting by the Union was held on March 2, 2015, and was subsequently approved by Union members. RECOMMENDED ACTION: A motion to formally approve the 3.0% general wage increase (GWI) for all U.C. employees, to become effective October 1,2015, and to accept the FY2015 IBEW Reopener Ratification of Article VII revisions as negotiated between IBEW Local 2088 and the Utilities Commission, to become effective July 1,2015. 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 6 2015 Reopener Utilities Commission, City of New Smyrna Beach Non-Wage Item Proposal Version 15-01Clean Article VII, Seniority 7.1 Definitions Seniority Seniority is defined as having precedence obtained as the result of the length of continuous, uninterrupted service in one or more of the represented positions outlined in Section 7.4 of this agreement. *Time served outside of a represented position shall not be counted toward the accrual of seniority. Additional Service Time Additional service time applies when the employee has had continuous, uninterrupted service with the Company, but may have had a break in service with the Union. For example, the employee is hired in a represented position, but is then transferred to a nonrepresented position, and then back to a represented position. The time served initially (in a represented position) is considered additional service time. *Additional service time is not applied to employees who have had a break in service with the Company. Total Seniority Total seniority is the sum of seniority and additional service time. 7.2 Application of Seniority The application of seniority, as defined in Section 7.1, shall be observed when determining promotions, transfers, and layoffs. Total seniority shall be considered in all cases listed in this section. Equal Seniority For purposes of determining seniority during application as defined in this section, consistent with employees with equal seniority, management shall review the employees' complete employment record, including performance, relevant education, occurrences, current discipline (reference Section 12.6, Record Clearance), safety, and peer working relations. Shift Bidding Reference Article X, Section IO.IF 7.3 Seniority List The Company will furnish a seniority list to the Union with copies to the stewards in May and November of each year. The seniority list will be comprised of the following: 2015 Reopener Utilities Commission, City of New Smyrna Beach .:. .:. .:. .:. .:. .:. 2 Non-Wage Item Proposal Version 15-0lClean Employee Current classification Gob title/pay grade) Rate of pay Last date of hire and/or promotion/transfer in a represented positon Additional service time Total Seniority The seniority list will be separated by division and sorted in the order of total seniority from highest to lowest. 7.4 Represented Classifications A full listing of represented classifications may be found in Appendix A. For purposes of this article, represented classifications are designated by division: Division Substation, Relay, Metering, and Protective Services Transmission and Distribution, Lines and Support Services Installation Fleet Maintenance Water Distribution, Sewer Collection, and New Construction (Field Operations) Lift Station and Maintenance Water Reclamation Water Production Materials Management Customer Service Meter Represented Classification Substation and Relay Electrician, Apprentice, Trainee Line Crew Leader, Lineman, Apprentice, Groundman Installation Crew Leader Lead Fleet Mechanic, Fleet Mechanic Crew Leader, Utilities Employee, Jet/Vac, TV Truck, Water Meters, Backflow Prevention, H drants, Line Locates Instrumentation, Maintenance, Electrician, Lift Stations Lead 0 erator,O erators, Trainee Lead Operator, Operators, Trainee Technicians Purchasing, Warehouse Billing, Customer Service, Cashiering, Facilities Maintenance Technician, Reader The provisions of this section may be modified during the term of this contract upon either mutual agreement of the parties or, if mutual agreement is not reached, then upon exhaustion of the impasse procedure under the Public Employees Relations Act. 2015 Reopener Utilities Commission, City of New Smyrna Beach 3 Non-Wage Item Proposal Version 15-01Clean Nothing in this section prohibits management from implementing organizational changes; however, the departmental structure, as defined in this section, will remain for contract interpretation purposes until the agreement or impasse procedures are complete. 7.5 Termination of Seniority Seniority shall terminate when the employee: +:+ Voluntarily terminates the employment relationship .:+ Involuntarily terminates the employment relationship .:. Extends a Leave of Absence beyond 180 days 7.6 Limitations Seniority, will be a consideration, but shall not be the only consideration when determining promotions, transfers, and layoffs. The employees' complete employment record (performance, relevant education, Emperienoe, occurrences, current discipline (reference Section 12.6 Record Clearance), safety, and peer working relations) shall also be considered. All things being equal, seniority shall be the deciding factor. For purposes of layoffs only, seniority means total company service time (continuous, uninterrupted service with the U.c. in a represented and/or non-represented position). 7.7 Disputes Any dispute arising out of the application of seniority shall be subject to the grievance process. However, the parties must make every effort to resolve disputes before filing. Resolution attempts must be documented and presented with the filed grievance. \l__ \, . L \',r 1,,\ Shawn Heal, IBEW tooal20S8 Date 2015 Reopen~r Utilities Qommi~sion, City of New Smyrna Beach 1 Wage ltemPrqppsal Wages The Utilities Commission proPQses~gt::nynll wage increase (GWl) intpe,amOUlltof $;0% aCI;QSS all pay grades,effeotive OGtQber L 2015, William Preston,tJCN'$B Date Shawn Beal, IBEW Local 2088 Date i "'~'""'h_ .1 .. LOCAL 2088, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AFFLIATED WITH AFL-CIO March 5, 2015 Sent via email New Smyrna Beach Utilities Commission Britney Pitcher, Human Resources Post Office Box 100 New Smyrna Beach, Florida 32170-0100 Dear Britney: On the evening of March 2, 2015, we held a ratification meeting for the FY16 Wage Reopener between IBEW and UCNSB. The represented members ratified the agreement. If should have any questions, please contact the office. Sincerely, ... ..... ~t~ Daniel D. Raymond Business Manager NANTUCKET SQUARE 2395 N. COURTENAY PKWY, STE 103 MERRITI ISLAND, FLORIDA 32953-4181 321-459-1400. FAX 321-459-1190. LOCAL [email protected] UTILITIES COMMISSION ADM. OFFICE CITY OF NEW SMYRNA BEACH, FLORIDA AGENDA ITEM CONSENT ITEM FOR MEETING OF: o NEW BUSINESS FROM: o OLD BUSINESS SIGNATURE: o USE ONLY: 4-d March 16,2015 Director of System Operations & Generation EXHIBITS: D.C. Sole Source Justification Form SUBJECT: System Operations SCADA System Upgrade OSI Hardware and Software Upgrade SUMMARY: The System Operations current SCADA system was originally installed in 2003. Since that time, several and various components and modules have been upgraded (hardware and software). The current SCADA system also utilizes servers and workstations that are due for replacement due to the Microsoft support cycle. The currently proposed SCADA system upgrade is quite comprehensive and includes replacement of the systems at the primary control center, as well as a fully redundant backup system at a remote location for disaster preparedness and recovery (at Smyrna Substation) and a software upgrade of all components. The Remote Terminal Units (RTU) at Smyrna Substation will also be upgraded (current RTU's over 20 years old, difficult to repair upon failure, and cannot utilize newest communication protocols available). There are new cyber security standards becoming effective next year and upgrading of this system will allow proper patching and other required security features. The requested upgrade and the associated and related enhancements at this time will also ensure future compliance with the mandatory regulatory requirements (avoidance of potential fines and sanctions). Funds are available from Work Order No. 12-UC021 in the amount of $79,000 and the remainder from Unallocated Electric R&R - $l31,000. RECOMMENDED ACTION: A motion to approve the requested upgrades (hardware and software) to the System Operations' SCADA System, to Open Systems International (OSI), a sole source vendor per Section V-4 of the D.C.'s Purchasing Policies and Procedures Manual. 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 2 Utilities Commission City of New Smyrna Beach, Florida SOLE SOURCE JUSTIFICATION Approval No: By: SERVICE/COMMODity: (General Description): SCADA Upgrade and Replace Smyrna Substation RTUs Please check entry below that applies to the proposed purchase. Attach additional data or support documentation as instructed below SOLE SOURCE JUSTIFICATION 1. _ __ Parts/Equipment can only be obtained from original manufacturer - not available through distributors. 2. _ __ Only area distributor of the original manufacturer. 3. Proprietary Item/Service. X 4. _ __ Parts/Equipment not interchangeable with similar parts of another manufacturer (compatability) 5. _ __ This is the only known item/source that will meet the specialized needs of this department or perform the intended function (explain below). 6 . _ __ Other. Furnish explanation below. Explanation/Comments: Upgarde of an existing system. Only original supplier can offer the same products. On the basis of the foregoing, I recommend that competitive procurement be waived and that the service or material on the attached req~e purchas Requisitioner: s a s e e commodity. 3--'~-/) Date: _ _ _ _ _ _ _ _ _ _ ___ --~~-~~~-~~--------- (Si~k Director of Department: Date: _ _ j_--_S_-..._-_)_~_··- ____ (Signature) Place this document in the sole source file and attach a copy to the Purchase Order along with any backing documentation. Revised: 4/4/03 UTILITIES COMMISSION CITY OF NEW SMYRNA BEACH, FLORIDA AGENDA ITEM o o o 4-e CONSENT ITEM FOR MEETING OF: March 16, 2015 NEW BUSINESS FROM: OLD BUSINESS SIGNATURE: Director of Electric Operations EXHIBITS: SUBJECT: ADM. OFFICE USE ONLY: Miguel Rodriguez Quote from Altec Industries, Inc. dated 2-16-15 Electric Fleet Vehicle - Bucket Truck (1) L45M SUMMARY: It is recommended by the Electric Operations Department to purchase a new bucket truck to replace E-38. Truck E-38 has been in service since 2006 (9 years) and is reaching its end of life. This truck is the day time trouble truck, used extensively responding to daily customer trouble calls and is the first responder to all daily outages. This truck is also utilized during after-hours trouble calls due to the comprehensive stocking of installed system hardware and equipment. Repair occurrences and costs for E-38 have been increasing. Plans are to decommission E-38 and auction for resale value allowing some recovery of expenses. A new truck for replacement, a L-45M bucket truck, is recommended for purchase from Altec Industries Inc., utilizing the GSA Contract No. GS-30F-I028G. The attached quote is in the amount of$181,483. The additional approx. $18,500 is being included for approval for the required hydraulic tools that will be purchased separately. (An alternative fueled vehicle is not a cost effective alternative at this time.) Funds are available from W.O. No. 15UE-102A. RECOMMENDED ACTION: A motion to approve the purchase of a replacement vehicle, one new (1) L45M Bucket Truck, from Altec Industries Inc., in the amount of$181,483, utilizing the GSA Contract No. GS-30F1028G, and the associated required hydraulic tools will be purchased separately and cost competitively in the approx. amount of$18,500; for a total not-to-exceed budgeted amount of $200,000. NOTE: ALL AGENDA ITEMS MUST BE IN TIIE GENERAL MANAGER'S OFFICE BY NOON MONDAY TWO WEEKS PRIOR TO THE REGULAR MONDAY COMMISSION MEETING. Page 1 of2 ~J!IIec Opportunity Number: Quotation Number: GSA Contract #: GS-30F-1028G Date: Altec Industries, Inc. 2/16/2015 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 AL TEC MODEL L45M Per GSA Specifications in GSA Catalog plus Options below $152,610 GSA OPTIONS ON CONTRACT (Unit) (A.) 1 2 3 4 5 IA1.) GSA OPTIONS ON CONTRACT (General) 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 ofjib forphase handlirlfL 9 $272 $443 $656 $588 $21,897 $1,254 $173 $223 $595 10 lB.) OPEN MARKET ITEMS 1 2 3 4 5 6 7 8 9 Automatic boom stow-included $512 Vertical ladder sleeve mounted inside cargo area against streets ide wall $275 Reel holder for three (3) 12" diameter spools mounted under the tailshelf Tri-Plex reel holder, part number 9701-02567 54768, installed in cargo area $750 All lighting to be LED-included Three (3) recessed LED lights, 2 mounted in curbside cargo area and 1 in side entry steps $150 Black non-skid paint applied to all flat surfaces including body compartment tops $135 $450 LED ground lighting package, five (5) point $500 Wet paint boom in addition to powder coat for extra corrosion protection OPEN MARKET ITEMS TOTAL. _ _ __ SUB-TOTAL FOR UNIT/BODY/CHASSIS: $181,483 QTY DISCOUNT(%1): TOTAL FOR UNIT/BODY/CHASSIS: - - - (C.) 1 2 3 ADDITIONAL ITEMS {items are not included in total above} Customer requested vertical exhaust ··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 travel 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 CHASSIS: Per Altec Commercial Standard, Freightliner M2-106 DELIVERY: No later than 270-300 days ARO, New Smyrna Beach, FL TERMS: Net 30 days FET TAX: If chassis over 33K GVWR, a 12 % FET may be applied 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: Creedmoor, NC UTILITIES COMMISSION City of New Smyrna Beach, Florida MEMORANDUM AGENDA ITEM 5 DATE: TO: FROM: SUBJECT: March 4,2015 Utilities Commissioners General Manager/CEO GENERAL MANAGER'S MONTHLY SUMMARY REPORT FOR FEBRUARY 2015 EXECUTIVE SUMMARY Status Items: Asset Management. Real Properties. Potential Property/Asset Sales. Two responses were received for ITB #2-15. The responses were evaluated and staffs initial recommendation was one viable and one not viable (was below appraisal value / minimum bid). Subsequent to placement on the th U.C.'s March 16 agenda, an error in a zoning designation for one ofthe properties was confirmed (listed as Commercial on appraisal- zoned Conservation). The appraisal for this property was reviewed for impact from this error and a revised appraisal is forthcoming. The Buyer deposits are being returned - one due to the incorrect appraisal and subsequent bid error, and the other due to a bidder response error. All the properties will be re-bid. Salvage and Deconstruction RFP - Former Sugar Mill Plant Sites. Associated with the completed deconstruction, the gross asset value ofthe structures disposed of totaled $1,558,000 of water assets and $618,000 of wastewater assets (including prorated amount for legal and other fees expended toward the Sugar Mill asset purchase circa 2000 (via eminent domain). This value will be written off from the U. C. ' s accounting records in March 2015. Decommissioning - Generation Sites. The Draft Phase 1 Environmental Report for each site was completed and comments sent to the Consultant. The final reports were received 3-9-15. Future stages of decommissioning and associated salvage to be determined. Power Supply. In-House Generation. Field Street Unit No. 1 - Unit remains operational. Field Street Unit No.2 - Revisions and determinations ongoing for the repair. Ample reserve margin continues through the U.C.'s firm capacity and energy purchases. Reached and fully maintained the highest recorded February peak demand of 101 MWat 8:00 am on 2-20-15. (All-time peak of 109 MW set in January 2010.) Geographic Information System (GIS) - Implementation Phase I, Phase fl, and Phase III. Resolution of discrepancies, updating of converted drawings, and reduction of drawing backlog ongoing. Finalization of customer interface between Cogsdale and ArcFM ongoing and required testing continuing. Deployment offield devices expected in April. (Additional GIS Status Info. under LT. and Engineering) Employee Items. IBEW / Union Negotiations. Negotiations for the FY2015 Reopener were concluded in one day, on February 18th • A ratification meeting by the Union was held on March 2nd and was approved by the Union members. Formal approval of a GWI and acceptance of revisions to Article VII (Seniority) was placed on the U.C.'s March 16th agenda. GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 2 EXECUTIVE SUMMARY (CONT.): OBJECTNE-- RETAIN CUSTOMERS FIELD & STAFF UC KEY PERFORMANCE INDICATORS (KPI) (On~oing - Work in Pr~gressl Current Month FY2015YTD FY 2015 Target /Annualized 60% Satisfaction 85% 85% FY2016 Goal 90% Satisfaction PERFO~CESURVEY EXPENDITUREIMETERI $875$775!Meter CONNECTION $830 !Meter $501 $518 ASSOCIA TES/CONNECTION/ 1:300 ACCOUNT 1: 507 1: 502 1:400 OBJECTNE-- COMPETITNE PERFORMANCE O&M EXPENDITURES / -5% 0% BUDGET -3.76%* 0.36%* CAPITAL & DEBT -10% 0% EXPENDITURES -34.51%** -34.44%** 6% Median 5% Median ENERGY County Income County Income AFFORDABILITY 3.89% 4.30% 1.25: 1 1.25:1 DEBT SERVICE RATIO 2.31: 1 ACTUAL *If purchased power is eliminated from O&M expenditure calculation, current month would be under budget 5.99%* and YTD (year to date) would be under. budget 6.00%. **The decrease in YTD capital and debt expenditures as compared to budget is due to the timing of capital projects. OBJECTNE-- ACHIEVE GOALSIMEASURES Current Month ELECTRIC OUTAGE DURATION - CAIDI* MOMENTARY INTERRUPTION - MAIFIe WATER OUTAGE DURATION (mains only) SEWER OUTAGE DURATION (mains only) FY2015YTD /Annualized 54.78 69.41 0.48 5.64 185 minutes 6 events (Feb. 201~ 205 Minutes 17 Events (FY2015) o minutes oevents 195 Minutes 3 Events (FY2015) (Feb. 2015) omiles oevents .26 Miles*/ 4 Events / (Feb. 2015) 1,000 Miles/yr. J¥or FY2015) Note - Calculations converted from actual of 1 event 1191.07 miles of UC PipeNr. SYSTEM SEWER BLOCKAGES FY 2015 Target FY2016 Goal 60 Minute Average 7 Events average/year 40 Minute Average 3 Events average/year 300 Minutes, <100 eventsNr. 200 Minutes, <75 eventsNr. To Be Determined 1011,000 miles/ month To Be Determined 7/1,000 miles/ month GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 3 UC KPl's (cont.): OBJECTNE-- ADD STAKEHOLDER VALUE "MEETS Current FY2015YTD EXPECTATIONS" Month IAnnualized OBJECTNE-- ACHIEVE 99% 99% GOALSIMEASURES MT INJURY PREVENTION Fiscal Year 2015 0 Year to Date - Jan.-Dec., 2015 0 (Hours Worked 2014) CRASH PREVENTION Fiscal Year 2015 Year to Date -Jan.-Dec., 2015 OBJECTNE-- ENHANCE COMMUNITY PUBLIC RECORDS RESPONSES ACCOUNTABILITY SURVEY CUSTOMER RECOGNITION ORGANIZATION FORMAL RECOGNITION FY 2015 Target FY2016 Goal 85% 90% Range 0.0 - 5.0 Target 2.0 Top 10% Nationally or oby 2015 Range 0.0 - 5.0 Target 2.0 Top 10% Nationally or oby 2015 5 Working Days 3 Working Days 80% Positive 90% Positive 1 formal contact 1 month (12IYr.) 2 contacts 1 month (24Nr.) 21 1% 0/0.0 302,966 0 0 0 0 1.3 1.2 83% 90% 5 17 1 3 2/year 6/year *KPI measures calculated using the Frequency Rate formula within StrategIc Initiatives. Public Information - Quality Assurance Management: Information-Quality Assurance Management: Tasks accomplished during February 2015 are listed under core responsibilities numbered 1-7 below: 1. Consumer Conservation Programs: • Continued management and promotion of water-wise gardens in UC parking area 1 200 Canal Street and in front of Schoolway Substation (Saxon Ave.). Garden 'installation and maintenance by Lindley's Nursery and Garden Center with sprinkler system maintenance by A Quality Drilling and Pump Service. • Continued management and promotion of energy audit program. As of2/28/15, approximately 1,934 customers have requested andlor received an audit since program inception. Continued distribution of .3 watt LED nightlights, misc. showerheads, etc., with audits. GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 4 Public Information - Quality Assurance Mgmt. (cont.): 1. Consumer Conservation Programs (cont.) • Continued customer water conservation program with ordering and distribution of low flow showerhead kits. • Continued residential and non-demand commercial electric rebate program for FY 2015. The residential program includes rebates for: 16 SEER or higher AC, duct leak repair, solar attic fan, cool roof, added insulation and window solar screens. Nondemand commercial rebate program includes the rebates for added insulation, solar screens and LED Exit signs. Total program disbursement fiscal year to date is $3,182.50 for a total of twelve (12) rebates. • Continued planning for 2015 Water-Wise Garden Fair, scheduled for Saturday, March 7th , 10:00 am to 4:00 pm 2. Records Retention and AccesslDisposal Program: • Assisted departments with records retention and disposal inquiries. • Attended FMEA Records Management Webinar 3. External Communications: • February WSBB ad: Join us for Water-Wise Garden Fair • February bill insert: Join us for Water-Wise Garden Fair and Sign up for a free energy audit • February website features: Join us for Water-Wise Garden Fair and Invitation to Bid on UCNSB Real Property • Updated website as needed • Handled various media, community and customer issues/inquiries as needed. • Managed use of DeBerry Room by New Smyrna Museum of History for "The Way We Worked" lecture series • Assisted in acquisition of materials for former UC Chairman and Employee Walter Allen who volunteered to present a lecture on the Utilities Commission as part of "The Way We Worked" series from the New Smyrna Museum of History and Smithsonian Institution. 4. Consumer Services/Products Evaluation • • Continued assistance with use of new ucnsb.org platfonns Sitefinity and Webdocs Met again with IT and Finance staff regarding potential purchase and deployment of Invoice Cloud andlor Harris "Go Live" app to assist with customer payments. 5. Consumer trend and satisfaction references • Continued to tabulate, track and release customer service metrics and KPIs. 6. Internal Communications • Oversaw compilation and distribution of Pulse with February 26th paycheck. • Assisted with internal communication for service outages and issues. • Facilitated relocation of ice and vending machines to accommodate ongoing building remodeling. GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 5 Public Information - Quality Assurance Mgmt. (cont.): 7. Quality Assurance • Continued facilitation of customer inquiries with DC staff regarding Venezia electric undergrounding project. • Continued communication management of ongoing COB roof project. • Scheduled May 5, 2015 for NSB Rotary Club with DC Senior Chemist Curt McKenzie regarding DC water services, source, and quality. I.T. DEPARTMENT GIS Complete: Data Conversion format chosen Data frozen and sent to Schneider to convert ESRI ArcMap Installation ESRI ArcMap Training Schneider ArcFM Installation ESRI ArcMap and Schneider ArcFM integration Schneider ArcFM Training Cogsdale Workflow revamping of entire DCNSB announced to all Departments [become paperless] Data Conversion phase I Current work 02/2015: Data Conversion final cut approved by DCNSB Purchasing and Testing Field Equipment needed for ArcFM Viewer Cogsdale GLM and Schneider ArcFM integration Scheduled work: Engineering is converting data from June until now; projected completion 04/2015 Purchase and configure Field Equipment needed for ArcFM Viewer; projected completion 0412015 Setup Storage for Field Devices by Department; projected completion 04/2015 ArcFM Viewer Training; projected completion 04/2015 Deliver Field Equipment to Technicians; projected completion 0412015 Pending work: Cogsdale W orkflows designed by each Department Cogsdale GLM Installation Cogsdale Training Cogsdale Work and Asset implementation to all DCNSB Departments Milsoft Software Installation Milsoft and Schneider ArcFM integration Milsoft IVR upgrade Milsoft Training Website Outage Implemented GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 6 I.T. DEPARTMENT (CONT.): Disaster Recovery Program Infonnation Gathering Phase Moving Backup Server from System Ops. and WRF Data Center to Head End Building After Well Project Completion and Generator Installation at Head End Building Internet Redundancy for Failover Compatibility - Second Connection - Being Researched Prototype Being Reviewed / State of Florida Policy Reviewed Creating Workflow Process for the UC IT Regulations Estimated Completion Date: 09/3012016 Document Handling Purchased RJS Software Departmental Scanners Being Made Ready for Deployment Department Copy Machines Being Brought Online with Scanners Preparing to Install and Implement Online Fonn Solution Estimated Completion Date: 09/3012015 ucnsb.org Mobile Website Applications Existing UC Website Enables Customer Payments via Smart Phones Evaluated Additional Convenience Bill-Pay Mobile Apps. Due to limited requests and costs, item of future consideration Evaluated Cogsdale App Approx. $20,000 (includes approx. $6,500 annual/reoccurring hosting fee) Does not allow Paypal as Payment Gateway Harris Payment Gateway required with additional fees to UC for this app PCI Compliance Requirement by Bank of America for Credit Card Security/Compliance UC's bank vendor "Trustwave" - Fee to UC for maintaining compliance Storage of Credit Card or Customer Infonnation also evaluated and pending Increased costs to UC due to PCI compliance requirements (mandated by credit card companies) Firewall Upgrade / Focused on Identity Theft, etc. - In progress Estimated Completion Date: 08/0112015 Payroll Additional Modules to be added for Perfonnance Email Suite Module Pending Estimated Completion Date: 03/31/2015 Cisco VOIP Telephone Upgrade Consideration for Licensing Redundancy Call Manager Pending Upgrade Awaiting Consultant Quote and Hardware Evaluation Estimated Completion Date: 05/3112015 GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 I.T. DEPARTMENT (CONT.): Security Cameras Upgrade Inability to Store Data Long Term 1 Segregation of all Cameras Accuracy and Availability 1Access for Security Guard at COB All Sites Floor Plans Completed 1 Proposal Completed Estimated Completion Date: 09/30/2015 Lift Station SCADA View Examining Options for Solution to SCADA Lift Station View Focused on Secure Connectivity 1 Implementation ofRSA Secure Fobs Investigated Estimated Completion Date: 09/30/2015 PAGE 7 GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 8 SYSTEM OPERATIONS & GENERATION DEPARTMENT The electric system's Net Energy for Load ("N.E.L.") for February 2015 was 30,760 MWH. This is 0.2% below the amount projected for the month. N.E.L. is 0.8% below projections for Fiscal Year 2015 to date. The February energy came from the following sources: On-Site and Remote Generation FMPA - St. Lucie Units Field Street Generation Total: 17.0 0.0 17.0% Contract Purchased Power Duke Energy NSBA FPL NLF Purchase Other Purchases Total: 5.6% 71.7 5.7 83.0% Peak Load (MW) Lowest Valley Load (MW) Load Management Relief on Peak (MW) Average Degree Cooling Days Average Degree Heating Days FY2015 101 23 3 0.3 FY2014 72 23 7.1 4.2 o 2.1 St. Lucie Unit #2 was off-line for six (6) days during the month. ELECTRIC OPERATIONS DEPARTMENT: Distribution Reliability Measurements Report Fiscal Year 2015 to Date (Annualized) Index FYTD SAIDI 29.84 Preliminary Goal Index Previous FY < 48.00 78.40 < 60.00 81.28 < 0.8 0.96 System Average Interruption Duration Index The duration of interruptions for the average customer CAIDI 69.41 Customer Average Interruption Duration Index The average repair time experienced by the average customer SAIFI 0.43 System Average Interruption Frequency Index The average frequency of interruptions for average customer GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 9 ELECTRIC OPERATIONS DEPARTMENT (CONT.): Distribution Reliability Measurements Report FY2015-Annualized (cont.) MAIFI 5.64 < 7.00 11.14 Momentary Average Interruption Event The average momentary interruption events per average customer L-BAR 66.29 79.23 Average Length of a Service Interruption The average length of a single outage Distribution Reliability Measurements Report Fiscal Year 2015 (Month) Index For Month SAlOl 5.98 Preliminary Goal < 48.00 System Average Interruption Duration Index The duration of interruptions for the average customer CAIDI I 54.78 < 60.00 Customer Average Interruption Duration Index The average repair time experienced by the average customer SAIFI I 0.11 < 0.8 System Average Interruption Frequency Index The average frequency of interruptions for the average customer MAIFI 0.48 < 7.00 Momentary Average Interruption Event The average momentary interruption events per average customer L-BAR 51.82 Average Length of a Service Interruption The average length of a single outage Electric Transmission and Distribution: Maintenance: Performing routine maintenance and storm hardening throughout the service territory where nine (9) 30 foot poles, two (2) 35 foot poles, four (4) 40 foot poles, two (2) 45 foot poles and three (3) 50 foot poles were replaced along with one (1) single-phase transformer. GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 10 ELECTRIC OPERATIONS DEPARTMENT - Electric T&D Maintenance (cont.): Work performed to bring existing plant to current standards and improve customer reliability: 402 Quay Assisi: Repaired a faulted underground secondary ("V.R.D.") cable. Marina Bay Clubhouse: Replaced a deteriorated 25 kVA padmount transformer. Barracuda and Quay Assisi: Replaced a vehicle damaged 30 foot pole with a 35 foot pole for added driveway clearance. A bill is being prepared for this service. 102 Donlon Drive: Repaired a faulted underground secondary ("V.R.D.") cable. Corbin Park Road: maintenance. Removed a three-phase reclosure and brought back to the shop for Sugarmill Drive: Removed a capacitor bank and a 5 kVA transformer and all associated capacitor bank hardware. 404 and 424 Quay Assisi: Replaced a faulted underground secondary ("U.R.D.") cables. Saxon and 7thAvenue: Removed a capacitor bank and performed pole maintenance and installed another S&R maintained capacitor. Capital: Bert Fish Hospital: In conjunction with new transfer switch installation, crews replaced the Line #16 three-phase pothead pole for Osmose replacements along with installing all new pole hardware and replacing 500 feet of 110 underground primary ("V.R.D.") cable so that the new transfer switch has two circuits feeding the switch for emergency switch operation. 2176 Juanita: Installed a new 30/4 service pole and upgraded a 25 kVA polemount transfonner to a 50 kVA transformer for increased load demand for a new customer. 123 Marina Bay: Replaced a 25 kVA padmount transformer with a 50 kVA transformer and installed 160 feet of350 mcm secondary cable to supply permanent electric service to four new townhomes. c/o Duss Street and Enterprise: Upgraded a 25 kV A polemount transformer to a 50 kVA transformer for increased load demand for a new customer. 179 Jungle Road: Installed a 250 watt High Pressure Sodium ("H.P.S.") fixture on 6 foot mast. 455 Bouchelle Drive: Performed a scheduled outage to remove a padmount transformer for electricians to install a new underground secondary cable for a new condominium. After cable was pulled, re-energized transformer which made twelve (12) new Condo units permanent servIces. GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 11 ELECTRIC OPERATIONS DEPARTMENT - Capital (cont.): Osmose Pole Replacements: Osmose pole replacements continue on the Mainland areas where twenty (20) poles were replaced: 1896 Bayview Dr. - 45/4; 802 Magnolia St. - (2) 50/3; 1812 Bayview Dr. - 30/4; 1833 Bayview Dr. - 30/4; 711 Riverside Dr. - 30/4; c/o Clinch St. & South St. - 30/4; 712 Magnolia St. - 35/4; Clinch St. & Magnolia - 50/2; 1712 Bayview Dr. - 45/4; 1016 S. Riverside Dr. - 30/4; 104 Riverside Dr. - 30/4; 833 Bayview Dr. - 40/4; 1010 Riverside Dr. - 40/4; c/o 1st and Riverside Dr. - 35/4; 916 Riverside Dr. - 40/4; 1004 S. Riverside Dr. 40/4; and 1201 S. Riverside Dr. - (3) 30/4. Services: Twenty-four (24) permanent electric services and ten (10) temporary services were installed and energized. T&D personnel performed four (4) cable repairs and three hundred twenty-three (323) cable locates. New Streetlighting: Installed and placed in service one (1) 250 watt high pressure sodium (H.P.S.) lights. Fleet Maintenance: Thirty-one (31) Utilities Commission vehicles had various maintenance procedures performed during this monthly period. Substation & Relay: The new auto transfer switch installation at Bert Fish Hospital was completed. After much testing and verification of settings, and actual functional testing, the transfer switch was put in service. A follow up meeting was held the next day with hospital personnel at which time they were advised of the status. The line rec10ser located on Corbin Park Road (R209) was removed from the line and brought into the shop for service. Worn and/or broken parts were replaced; the unit was flushed of all carbon deposits and refilled with new oil. After testing the recloser was repainted and put back in service. Smyrna Substation: A switching order was completed to isolate the Cassadaga 115 kV line. Grounds were placed and three 115kv current transformers were removed and replaced on the ring bus feeding the Cassadaga line. After testing, the grounds were removed and the station switched back to normal. Field St. Substation: Four (4) sets of 115 kV bus switches were received and placed in the Field St. yard. As load and weather permits, these switches will be scheduled for replacement at the 115kv line dead end structure and the adjoining FSl15#lB and #2B breakers. Meter Testing Section: On-going inspections of all transformer rated meter locations continue. Necessary repairs are being completed onsite as found. Current transformer (CT's) ratios were verified, current circuits tested and proper metering is in place. These inspections are scheduled every five years. GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 12 ELECTRIC OPERATIONS DEPARTMENT - Meter Testing Section (cont.): Eighteen (18) meters were processed during this period: One (1) meter was disposed of due to obsolescence, five (5) meters were returned from the field, tested, adjusted, cleaned and returned to stock, two (2) meters were tested for customer complaints, and ten (10) new meters were tested and placed in stock. TV and Radio Interference (TV!): Several areas ofthe system have been inspected and necessary repairs completed. Tests by the Ultraprobe (ultrasound equipment) and the infrared camera showed noise has been mitigated and within acceptable FCC regulation limits. Miscellaneous: Performed battery maintenance in all stations and generation sites. Performed monthly oil leak inspections on all substations and generation switchyards. Downloaded information from distribution relays in all stations. Analyzed information to verify equipment was properly clearing faults. Installed voltage recording equipment at various locations throughout the system. Performed troubleshooting at various locations at customer's request. Performed weekly readings and inspections on all pole mounted reclosers. Performed general inspections, including reading and recording all panels and counter data; draining water from oil circuit breaker compressed air tanks, reading voltage on all voltage regulators, and conducted the inspection of bus connections, insulators, cable terminations and switches. WATER RESOURCES DEPARTMENT Water Treatment: Total Treated Monthly Flow Average Daily Demand Peak Daily Demand RainfalVWater Plant 128.114 4.576 4.843 4.90 MG MGD MGD Inches Twenty-eight (28) hydrants were flushed to maintain water quality in the distribution system. Seventy-two (72) static levels were checked on eighteen (18) wetlands monitoring wells. Static and dynamic levels were taken on nineteen (19) production wells. Ninety-one (91) water samples were collected for required water quality testing. One hundred nineteen (119) field chlorine tests were performed on the distribution system. There was one planned Precautionary Boil Water Notice: 1) Evergreen St. - Line Stop and Water Main Relocation within the Central Beach Stormwater Project. There were four unplanned Precautionary Boil Water Notices: 1) 425 Quay Assisi (installed a 2" repair clamp on PVC) 2) 2000 Burma Road (replaced section of 2" PVC) 3) 429 Quay Assisi (replaced 2' section of2" PVC) 4) 507 Yupon Ave. (replaced section of 1" galvanized) GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 13 WATER RESOURCES DEPARTMENT - Water Treatment (cont.): Continued orientation/training of two new FDEP Certified Water Treatment Plant operators who replaced two long term retired operators. Ostermann Painting began cleaning and/or refurbishing the outer coating of four of five storage tanks. Lab - Water Treatment: Sixty-two (62) distribution samples and two (2) raw samples were analyzed for coliform bacteria. All nineteen (19) potable production wells were samples, as is required on a quarterly basis. Seven (7) fluoride samples were sent to outsource lab for analysis. There were two customer concerns that prompted home visitation. The Stage 2 Disinfectant By-Products results were received and had satisfactory concentrations. Lab - Wastewater Treatment: AVG CBOD (ppm) A VG TSS (ppm) • Effluent (24 hr. Comp) *** *** ppm ppm <2.0 ppm 1.30 ppm All of the above values are below our permit limitations for Effluent and Reuse Waters. • *** indicates that these parameters are sampled and analyzed for effluent outfall discharge. The monthly reuse nutrients samples were collected and analyzed with very good results. Water Reclamation Facility: 101.25/ 3.62 Total Inf. Flow / Average Daily Flow 4.08 Max. Daily Flow 181,139 Bio-solids Spread Reclaimed Water Total Flow 101.07 WW Plant Total Rainfall 4.39 0.00/0.00 River Discharge Total Flow / Average Daily Flow Pond influent Flow / Augmentation Flow 0.0 / 1.02 100% Annual Avg. % of Reuse Utilization MGD Gallons MGD Inches MG The treatment process at the WRF continues to produce a high quality effluent that complies well within operating permit limits for reclaim water distribution. The January 2014 Discharge Monitoring Report was completed and sent to FDEP. There were no exceedences or river outfall. Maintained zero discharge to river outfall for 67 consecutive months. Moderate demand for reclaim water has continued for the month. Other Items of Interest: • Annual Waste Generator Profile Recertification approved for sludge disposal at J.E.D Landfill • Collected weekly piezometer levels, rainfall and augment readings for SJRWMD • Attended Sludge Screw Press demonstration at Flagler WWTP • LT. continued installing wireless PLC system for the Scada system. • Mike Ostermann prepping Administration building for painting • Field Ops repaired damaged sidewalks GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 14 WATER RESOURCES DEPARTMENT (CONT.): Synagro South LLC, processed and transported all of the residuals generated during February. Lift Stations/Maintenance: Water Treatment Plant • Preventative maintenance on the water plant equipment • Rebuilt west slaker, bearings, seals and shaft sleeves • Replaced gauge and feed lines on chlorine injectors • Replaced shaft, coupling and mixer blade on fluoride feeder • Rebuilt chlorine feeders • Replaced lime feed hose • Fabricated and installed new bottom for auto flusher • Adjusted torque valve on west slaker • Installed new hardware cloth in slurry basket • Removed old ammonia tank • Replaced board and speaker on M scope • Reset timer on P2 recirculation pump • Replaced clear well sample pump discharge line Wells • Performed preventative maintenance on wells • Installed traffic rated junction box and made splices for well #6 Pump Stations • Performed preventative maintenance on all pump stations • Replaced sump pump at Glencoe Pump Station Water Reclamation • Installed new wire, grit valve and bar screen for in-plant (three separate pulls at 1000 feet each) • Repaired door closer and door frame • Lubed and shortened chain on front auto gate closer • Fabricated crane for cart to lift electric vault lids in yard • Replaced bad relay on influent mechanical bar screen • Adjusted fill valve at V-Bay reuse pond • Adjusted belt on north rotary drum thickener • Remounted status switch on reuse valve at Hidden Lakes Lift Stations • Changed oil and filters on 8" hydraulic by pass pump • Replaced DMM card and installed new radio at LIS #81 • Replaced PCV at LIS #74 • Cleaned pump sensors and repaired broken wire on pump starter at LIS #35 • Removed transducer, reinstalled at LIS #19 GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 15 WATER RESOURCES DEPARTMENT - Lift Stations (cont.): • • • • • • • • • Installed new wire trough, contactors and phase monitors, and replaced run relay on pump at LIS #10 Removed transducer and cleaned at LIS #8S Installed new SO amp breaker at LIS #77 Pulled #2 pump and installed new seal at LIS # 18 Replaced discharge gasket at LIS #82 Repaired power cord on pump 2 at LIS #22 Installed 2 new chain hoists to pull pumps at LIS #1 and #10 Installed new power supply at LIS #9 Fabricated new lid arm for LIS #29 Equipment and Field Ops. Repairs • Maintenance personnel continued with routine maintenance on small equipment • Installed new 2000 lb. jack on trailer • Installed fuel gauge on WRF utility cart • Fabricated probes (for locating buried pipes) • Repaired fuel leak 3" hydraulic pump • Fabricated new vise mount for w49 Miscellaneous • Replaced hot water heater, breaker, bladder tank; repaired gate and fence; and replaced 480 volt breaker at Swoope • Moved ice machine to 3rd floor and plumbed; performed additional plumbing; and installed new grounding for services at COB • Flow tested 40S0 Wayne Ave. master meter and fire line with strap-on meter Field Operations Division: Water Distribution: Work performed this period included: Repair of six (6) major water breaks with an average outage of one hundred eighty-five (18S) minutes. Repair of twenty-four (24) minor water breaks with an average outage of forty-five (4S) minutes. Two hundred thirty-three (233) meters were replaced with an average outage of forty-five (4S) minutes. Three (3) 2" meters were repaired. Twenty-nine (29) new domestic meters were set and five (S) new reuse meters were set. Twenty-nine (29) requests for new service were completed, nine (9) were Venetian Bay sets. Seventeen (17) water valves were located and exercised; and fifteen (1S) valve boxes were worked on. One (1) asphalt cut was restored and ten (10) concrete repairs were prepped and restored. Thirty-nine (39)job sites were dressed up; one (1) no water complaint was received and restored. Two hundred seventeen (217) City hydrants were flushed; and one (1) City hydrant was replaced and flow tested. Thirty-nine (39) County hydrants were painted. Two (2) 2" casings were directionally bored; five (S) new service lines were installed. Two (2) service lines were repaired / replaced. Four (4) density tests were performed. One (1) meter was upgraded. Callout Time Summary: The primary callout person had a total of fifty-five (SS) hours and the secondary callout person(s) had a total of seventeen (17) hours. There were a total of nineteen (19) emergencies handled for the month of February. GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 16 WATER RESOURCES DEPARTMENT (CONT.): Revenue from Callouts WATER #OFCALLS 10 $150.00 SEWER $300.00 #OFCALLS 9 Performed two hundred sixty-two (262) water, two hundred twenty (220) sewer, and one hundred seven (107) reuse locates for contractors. A total of seven hundred eighty-nine (789) locates were performed in February. Work performed for the Commercial Division included replacing two hundred thirty-three (233) water meters; and completing five hundred forty-eight (548) other job requests. Cross Connection Control Program: Summary: Fifty-two (52) backflow prevention devices (BFD's) were installed; one hundred sixty-six (166) DDC/RP valves were tested; twelve (12) BFD's repaired; and eleven (11) BFD's were painted. (NOTE: DDC = double detector check; RP=reduced pressure backflow preventer.) Sewer Collection: Miscellaneous work included: responding to fifteen (15) minor sewer backups, twelve (12) were UC side and relieved with an average of forty-five (45) minutes. Fourteen (14) sewer laterals were televised; seventeen (17) sewer laterals were cleaned; and three (3) service laterals repaired. Seven (7) clean outs were installed and eight (8) clean out caps were replaced/installed. Four (4) locations eels were used and two (2) locations received root-x treatment. Five thousand six hundred eighty-nine (5,689) feet of sewer main cleaned; four (4) manholes cleaned; and five hundred (500) feet of sewer main was televised. Sewer Collection Summary: Fifteen (15) minor backups were responded to and relieved with an average time of forty-five (45) minutes. Meter Upgrade: • 414 Flagler Avenue ENGINEERING DEPARTMENT: General: 1. GIS Conversion - ArcFM Viewer introduction and kick off meeting held 2-17&18-2015. Performed ArcFM examination and testing of geodatabase received from Schneider Electric; remarks submitted. 2. CUP 8747 Compliance Report (Condition 34) - Data collection for consultant continues. 3. Work is nearing completion on the new Potable Water System and Sanitary Sewer Design and Construction Specifications. 4. Decommissioning of Swoope and Smith Street Generation Sites - Project ongoing with Phase 1 environmental reports received and reviewed. 5. Deconstruction/Salvage on Sugar Mill Decommissioned Water and Wastewater SitesClose-out of project underway. 6. Coordinating review and acceptance ofSt. Johns River Water Management District Consumptive Use Permit letter modification reducing monitoring sites from 29 to 18. GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 17 ENGINEERING DEPARTMENT - General (cont.): Capital Projects Update: 1. WRF Hypochlorite Conversion Report - Engineering design continues by consultant; 60% plans expected for review next month. 2. Central Wellfield Task "B" (outfitting of four potable water production wells)Project surveying complete, shop drawings reviewed and resubmitted to contractor. 3. Central Wellfield Task "c" (12" raw water line connection to central wellfield wells) - Bid awarded to low bidder lD. Weber Construction Co. Inc. at 2-23-15 U.C. Meeting. Contract documents prepared and sent to contractor for processing. 4. 23 kV Subaqueous Electric Line - ACOE (Army Corps of Engineers) submitted positive response about permit issuance, expected in March. Preparing project for bidding in March. 5. North Loop Water Main Improvements - Murray Creek bid documents completed and scheduled to start bid on March 6th . 6. Venezia Electric Upgrade - Construction substantially complete with final walk-through and acceptance scheduled first of March. 7. Central Office Building Roof Replacement - Construction continues on schedule. 8. Central Office Building Envelope Assessment - Consultant's building assessment continues. Draft environmental testing report submitted and reviewed. 9. Fairgreen Alternate Feed - Work continues on concept electric design. Owner approached regarding potential easement. 10. GWTP Lime Silo Report - Data collection continues. 11. Water Intrusion Remediation - Awaiting receipt of scope for remediation and restoration from consultant. 12. Bouchelle Island Switchgear Replacement - Project walkdown and concept complete. Property owner approached for easement. Interagency Projects Update - City: 1. Central Beach Water Main and Sanitary Sewer/Force Main Improvements - Projects are continuing to progress on schedule. 2. Colony Park Road Extension - City road construction continues. Interagency Projects Update - County: 1. Turnbull Bay Bridge Replacement (Utility Relocations) - Updated meeting scheduled for March 6th ; updating Directors of status and cost. 2. Pioneer Trail Curve Realignment - Awaiting County commencement; electric poles will need relocation. 3. 10th Street Widening (Myrtle Avenue to U.S. 1) - Awaiting County to satisfy F.E.C. requirements at which time project will be scheduled to move forward. Interagency Projects Update - FDOT: 1. 1-95 Widening Project - Project continues with completion expected in 2016. Developer Projects: 1. Sabal Lakes - Contractor continues to repair/replace existing infrastructure. 2. Florida Days, Phase 2 - Final inspection completed; punch list generated. Awaiting close-out documents from developer. GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 18 ENGINEERING DEPARTMENT (CONT.): Developer Projects (cont.): 3. New Smyrna Chevrolet - Construction and inspection continues. Amendment No.1 to Developer's Agreement and Addendum approved at 2-23-15 U.C. Meeting (AI 3-e). 4. Promenade Parke Phases 2 and 3 - Construction and inspection ongoing. 5. Portofmo Gardens Phase 1 - Construction and inspection continues. New Business: 1. Attended the Plan Review Committee meeting to discuss and comment on the following projects: • MS-OI-05: 2518 N. Dixie Freeway / Cox • PUD-02-15: Riverwalk at Coronado Island PUD Sabal Lakes RPUD - Final Plat • S-02-15: Tabby House PUD - Final Plat • S-01-l5: 2. 3. 4. 5. 6. Approved the following Site Plan: • SP-II-14: Gulfstream Glass / 312 N. Orange Street Met with representatives to discuss pre-site plan requirements for the following projects: • Dr. Ailani's ALF - Eslinger and Old Mission Road - Due Diligence • Converting the Old First Baptist Church to a School- Due Diligence • Concordis ALF - Northeast Comer ofS. Myrtle Avenue and S.R. 44Pre-site Plan Meeting • South Atlantic Avenue Beach Parking Lot - South of 811 S. Atlantic Avenue Pre-site Plan Meeting Attended pre-construction/Progress meetings for the following projects: • Chug-A-Mug / 300 Jessamine Avenue - Pre-construction Meeting • North Causeway Boat Ramp Park Improvements - Progress Meeting Developer's Agreement and Addendums approved, pending payment offees: • DC 7 Grille - Approved January 27, 2014 • Ocean Walk Condominium Building 20 - Approved December 15,2014 • New Smyrna Chevrolet Amendment No.1 - Approved February 23,2015 • New Civic Center (City ofNSB) - Approved February 23, 2015 • Tabby House - Approved January 26, 2015 • Garlic Restaurant Off-Site Parking Lot - Approved January 26, 2015 • Cafe Heavenly - Approved February 23,2015 - Paid in Full 2-25-15 • Riviera Recreation Hall- 300 North Causeway - Approved February 23,2015 - Paid in Full 2-24-15 Processed the following Demolition Notification Requests: • 308 Live Oak Street • 61 Cunningham Drive GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 19 ENGINEERING DEPARTMENT - New Business (cont.): 7. Submitted City of New Smyrna Beach Right-of-Way Use Permit for the following project: • 2616 Crestwood Avenue - 5/8" Water Service 8. Submitted Volusia County Use Permit for the following project: • 2119 Paige Ave. - 1" Water Meter - Resubmitted -Open Cut to Push and Pull 9. Miscellaneous Tasks were as follows: • Final inspection performed at Florida Days Phase 2. • Scheduled a TRC Meeting to discuss the following projects: • MS-01-15: 2518 N. Dixie Freeway / Cox • PUD-02-15: Riverwalk at Coronado Island PUD • S-02-15: Sabal Lakes RPUD - Final Plat Tabby House PUD - Final Plat • S-01-15: Table 1 - Fees Paid and Services Set: Description Water Capacity Fees Wastewater Capacity Fees Reclaimed Water Capacity Fees 5/8" Domestic Meter Sets 5/8" Irrigation Meter Sets %" Bright Water Services 2" Fire Hydrant Meters Temporary Underground Electric Services Temporary Overhead Electric Services Permanent Underground Electric Services February 7 7 6 8 2 6 1 7 2 10 Table 2 - Reguests for New Service (2013-2015}' 2013 No. of No. of No. of New Condo Town Homes Units Home Units Jan. Feb. March 16 April May 10 0 7 June July 16 18 0 0 0 0 Aug. Sept. 12 14 0 0 0 0 Oct. 5 0 Nov. Dec. 4 15 TOTAL 149 13 19 0 0 2014 0 Jan. 0 0 Feb. March April No. of No. of New Condo Homes Units 9 6 0 No. of Town Home Units 2015 0 0 Jan. Feb. 0 0 March April 0 May June July 11 0 0 18 0 9 7 0 0 July 5 0 0 0 Aug. 0 7 Sept. 12 6 0 0 Aug. Sept. 0 Oct. 14 0 Oct. 0 0 Nov. 10 0 0 0 Nov. 0 0 Dec. 5 0 0 Dec. 0 2 TOTAL 112 0 7 TOTAL 0 0 2 0 May June No. of New Homes No. of Condo Units No. of Town Home Units 4 0 0 6 0 0 10 0 0 GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 20 FINANCE DEPARTMENT: ::;!; -"C'CS :::;E ::;!; ""'"""-=c :::;!; ~ ~ ~ ~ :::;!; -" ~ ::;!; ~ --=: ~ ~ ~ t; <=> ~ =. ~ <&.> ..=::. ........, 6 ~ ...,...,. ~ ~ {Note - Beginning October 1, 2011 the hang tag process and additional $35 trip fee as a secondary notification for past due bills was eliminated. The mailed late notice* (*includes $5 .00 fee) after 21 days is the remaining notification prior to disconnection. The time prior to disconnection was extended to include the previous hang tag time and an opportunity remains the opportunity to request an extension by contacting Customer Service prior to disconnection.} February 2015 Customer Service Total This Month Meter Readings Meter Re-Reads Bills Mailed Out COB Payments ACH Payments Web Payments Online Banking Payments IVR Payments IVR Outbound Calls Late Notices Meter Change Out Cut Outs Rechecks Phone Contact Walk In Electronic Requests Returned Checks Working Days in Month 43334 224 25950 13031 5992 3261 2629 940 1244 3195 0 76 13 2558 505 237 23 19 Summ~ry Total Last Month 48484 261 25954 12262 6078 3160 2641 916 1394 3761 178 154 35 2689 612 254 17 20 Difference (5150) (37) (4) 769 (86) 101 (12) 24 (150) (566) (178) (78) (22) (131) (107) (17) 6 (1) GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 PAGE 21 FINANCE DEPARTMENT (CONT.): Materials Management Division: During February, forty-six (46) Purchase Orders were issued during the month as follows: Water Department Central Stores Electric I.T. Finance Engineering Human Resources $ $ $ $ $ $ $ 183,786.64 53,904.00 406,700.52 5,145.51 223,535.00 450,000.00 3,792.96 The total dollar amount expended for the month of February 2015 was $1,326,864.63. The dollar range of the purchase orders were as follows: 15 3 15 1 7 5 $ $ $ $ $ $ 1.00 1,000.00 2,001.00 5001.00 10,001.00 > - $ 999.00 $ 2,000.00 $ 5,000.00 $ 10,000.00 $ 25,000.00 $ 25,000.00 ADMINISTRATION - HR DEPARTMENT General: 1. Total employment on the last day of the month: 156 (150 FTEs, 1 PTE, and 5 Commissioners) 2. EEOC Employment Statistics Report submitted for February. 3. Systems Analyst position posted internally and on DC website. 4. Registered for participation in NSB High School Career Expo., scheduled for March. 5. Elected to participate in NSB High School Voluntary Work Activity Program. Payroll and Benefits: 1. 157 employees paid in February - 8 by paper check, 149 by direct deposit. IBEW Local 2088 Working Relations: 1. No grievances or other union related issues or projects received or conducted in February. 2. 2015 Reopener meetings concluded. Ratification to be held in March. PAGE 22 GENERAL MANAGER'S REPORT FOR FEBRUARY 2015 ADMINISTRATION - HR DEPARTMENT (cont.) AS OF 2/28/15 EXISTING AND PLANNED CHANGES: (Prior Changes Reported in Previous General Manager's Report(s). Commencement of Restructuring of Personnel Reporting in General Manager's Monthly Summary Report ongoing since December 2005. Current CEO/GM Restructuring Authority approved in January 2011.) Date 02/20/2015 02/23/2015 Position Operator C Utilities Employee I Name Larry Harris Shiloh Wagers New Position Retirement Replacement (+)Increase (-) Decrease (-)1 (+)1 Safety and Risk Management: Workers' Compensation: There were no WC incidents for the month of February. Year to date recordable incidents: 0 0 Year to date lost time incidents: Year to date light duty/transitional: 0 Third Party Claims: There were three customer claims/communications. Denied: 1 Filed: 1 Paid: 1 Open: 0 Safety Training: Safety training held on 2-25-15 by Scot Young for Electric T&D Linemen Uniform safety and meter installation training held on 2-27-15 for Meter Dept. personnel. Inspection Fire suppression systems inspection on 2-26-15 - FM200 Fiber Headend Bldg., C02 system at Generation/Turbine Generators. Systems are in compliance. Safety Committee: Next meeting scheduled for 4-15-15. _/f~- . rltt:t·}~<-,--.~ W. Ray Mitchum, General Manager/CEO UTILITIES COMMISSION ADM. OFFICE CITY OF NEW SMYRNA BEACH, FLORIDA AGENDA ITEM o CONSENT ITEM FOR MEETING OF: o NEW BUSINESS FROM: o OLD BUSINESS SIGNATURE: [!] General Manager's Rpt. USE ONLY: 5-b March 16,2015 U.C. Chainnan - William E. Hall William E. Hall EXHIBITS: Proposed Contract of Employment for GMiCEONegotiated by U.C. Chainnan W.E. Hall SUBJECT: Contract of Employment - General Manager/CEO SUMMARY: As requested by Chairman Hall, with a majority Commission concurrence during the D.C. Meeting held 12-15-14, Chairman Hall negotiated a replacement Contract of Employment for the D.C.' s General Manager/CEO. Chairman Hall stated that he wanted to take this action during his term and service on the Commission. As depicted in each of the annual strategic initiatives and accomplishments agenda items, since January 2011, significant strategic and objective accomplishments have been realized throughout Mr. Mitchum's GMICEO employment period to date. The continued improvement of the utility's financial and operational business activities under Mr. Mitchum's leadership and direction have also been documented, i.e., annual comprehensive financial reports and annual budgets. Chairman Hall negotiated a contract without an increase to the Commission for the compensation rate, and for one revision to existing terms and conditions, the addition of approx. two and half years * of time over the existing contract's termination date (*from 6-30-2016 to 1-31-2019). The negotiated contract is hereby attached for approval. In 2010, Mr. Mitchum agreed to assist and serve for an interim period until a new CEO was selected. This position was advertised in 2010 for a salary up to $185,000 commensurate with experience and a selected applicant requested $230,000. The initial GMiCEO contract of employment for Mr. Mitchum then became effective July 19,2010 at a compensation rate of$150,000 for a two year period. Subsequently, Mr. Mitchum's contract was renewed in June, 2012 for a four year period, with approx. one and half years remaining under that existing contract. (Note - Differential in current compensation rate is, as provided for within the contract, the receipt of approved cost of living adjustments on the same basis as D.C. employees. Receipt of one annual adjustment was declined by Mr. Mitchum.) RECOMMENDED ACTION: A motion to approve the attached employment contract for William R. Mitchum, as General Manager ICEO, from March 16, 2015 through January 31, 2019, at a compensation rate of$156,374.40, and retaining the various other provisions as detailed in the attached Contract of Employment. __ ---,(vrr-- _--,vt- (tel.. ~----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 6 Contract of Employment THIS AGREEMENT, dated March 16,2015, made and entered into between the UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, FLORIDA, a Commission organized and existing under the laws of the State of Florida, doing business in the City of New Smyrna Beach, County of Volusia, State of Florida, hereinafter called the "COMMISSION", and WILLIAM RAY MITCHUM, New Smyrna Beach, Volusia County, Florida, hereinafter called the "WILLIAM RAY MITCHUM". WITNESSETH: FOR AND IN CONSIDERATION of the mutual exchange of promises contained hereinafter, the parties do agree as follows: PARAGRAPH 1: That the COMMISSION hereby employs the seNices of WILLIAM RAY MITCHUM as General Manager/CEO of the Utilities Commission, City of New Smyrna Beach, Florida, for an undetermined period commencing March 16, 2015, and terminating January 31,2019, or as otherwise provided for herein. PARAGRAPH 2: It is understood, contracted and agreed between the COMMISSION and WILLIAM RAY MITCHUM that WILLIAM RAY MITCHUM is employed for the express purpose of seNing as General Manager/CEO of the Utilities Commission, City of New Smyrna Beach, Florida, and as such, the General Manager/CEO is to have supeNisory authority over all matters pertaining to the proper and efficient operation of said Utilities subject only to policies provided by the COMMISSION. PARAGRAPH 3: It is further contracted and agreed between the COMMISSION and WILLIAM RAY MITCHUM that WILLIAM RAY MITCHUM'S compensation for seNices as Generat Manager/CEO for the Utilities Commission will be at the rate of One Hundred Fifty-Six Thousand, Three Hundred Seventy-Four Dollars and Forty Cents ($156,374.40) per annumm The aforementioned compensation shall be paid in equal bi-weekly installments per annum on the same basis established for wages and salary for other COMMISSION employees. WILLIAM RAY MITCHUM'S compensation rate shall be reviewed annually, if applicable, for the consideration of merit raise, in addition to the cost of living adjustment. William T. Preston, PA 143 Canal Street, New Smyrna Beach, FL 32168 (386) 424-9200 Page 1 PARAGRAPH 4: It is further understood and agreed between the parties hereto that all sick leave benefits, all insurance and/or fringe benefits and retirement benefits afforded to WILLIAM RAY MITCHUM shall coincide with the present conditions and policies now in existence with the Utilities Commission, City of New Smyrna Beach, subject, however, to any changes adopted from time to time during the life of this contract. Said benefits shall begin to accrue at the then current rate of compensation on the effective date hereof. PARAGRAPH 5: It is further understood and agreed between the parties hereto that WILLIAM RAY MITCHUM as Utilities General Manager/CEO shall have the sole power to employ and/or discharge personnel, and has the power to delegate the authority to other supervisors as depicted by the Table of Organization. The employment of personnel in addition to those authorized in the Table of Organization will be subject to the approval of the COMMISSION. PARAGRAPH 6: It is further understood and agreed between the parties hereto that WILLIAM RAY MITCHUM agrees to diligently and consciously pursue his duties as General Manager/CEO during the life of this Contract and that the said WILLIAM RAY MITCHUM does further covenant and agree with the COMMISSION that should he neglect his duties and improperly devote his time and attention to other interests, same shall be considered a violation of this Contract and shall terminate the same at the option of COMMISSION, and in such event the monthly salary which may be due to the General Manager/CEO to the date of termination, plus accrued vacation, holiday, sick leave earned to date, shall be considered full compensation and payment for all claims under this Agreement. PARAGRAPH 7: If either party wishes to terminate the Agreement, it shall give ninety (90) days notice on the date before termination becomes effective or sooner, when mutually agreed by both parties. PARAGRAPH 8: It is further understood, covenanted and agreed between the parties hereto in the event the COMMISSION should discharge WILLIAM RAY MITCHUM without just cause, the COMMISSION shall be liable for all unpaid monies for salary and benefits, William T. Preston, P.A. 143 Canal Street, New Smyrna Beach, FL 32168 (386) 424-9200 Page 2 either under the remaining term of this Contract or for a minimum of six (6) months, whichever shall be longer. "Cause" in this agreement means: (i) an intentional act of fraud, embezzlement, theft or any other material violation of law that occurs during or in the course of WILLIAM RAY MITCHUM's employment with COMMISSION; (ii) intentional damage to COMMISSION's assets; (iii) breach of WILLIAM RAY MITCHUM's obligations under this agreement; (iv) intentional engagement in any competitive activity which would constitute a breach of his duty of loyalty or of his obligations under this agreement; (v) intentional breach of any of COMMISSION's policies; (vi) the willful and continued failure to substantially perform his duties for COMMISSION (other than as a result of incapacity due to physical or mental illness); or (vii) willful conduct that is demonstrably and materially injurious to COMMISSION, monetarily or otherwise. For purposes of this paragraph, an act, or a failure to act, shall not be deemed willful or intentional, as those terms are defined herein, unless it is done, or omitted to be done, in bad faith or without a reasonable belief that the action or omission was in the best interest of COMMISSION. Failure to meet performance standards or objectives, by itself, does not constitute "Cause". "Constructive Termination without Cause" shall mean a termination of WILLIAM RAY MITCHUM's employment at his initiative as provided in this agreement following the occurrence, without WILLIAM RAY MITCHUM's prior written consent, of one or more of the following events (except in connection with a termination of WILLIAM RAY MITCHUM's employment due to death, disability, change in control or cause): (i) a reduction in WILLIAM RAY MITCHUM's base salary or the termination or reduction of the benefit under any employee benefit plan or program of the COMMISSION or any subsidiary in which WILLIAM RAY MITCHUM participates unless, in the case of a benefit, there is substituted a comparable benefit that is economically equivalent to such benefit prior to its termination or reduction, as the case may be; (ii) the taking of any action by the COMMISSION that would adversely affect WILLIAM RAY MITCHUM's participation in, or materially reduce his benefits under, any such plan or program, unless there is substituted a comparable plan or program that is economically equivalent, in terms of the opportunity offered to WILLIAM RAY MITCHUM; (iii) a significant diminution in WILLIAM RAY MITCHUM's duties and responsibilities or the assignment to WILLIAM RAY MITCHUM's duties and responsibilities inconsistent with his position; William T. Preston, P.A. 143 Canal Street, New Smyrna Beach, FL 32168 (386) 424-9200 Page 3 A Constructive Termination without Cause shall not take effect unless: (i) WILLIAM RAY MITCHUM has delivered a written notice to the COMMISSION within 12 months of his having actual knowledge of one of the events providing a basis for a Constructive Termination without Cause, stating which of the events, as outlined in this agreement, has occurred; (ii) within 30 days of the delivery of such notice, the COMMISSION has not remedied such event and provided him with a written notice of such remedy; and (iii) in the event the COMMISSION has not remedied such event, WILLIAM RAY MITCHUM notifies the COMMISSION in writing that he is terminating his employment. The failure of WILLIAM RAY MITCHUM to effect the Constructive Termination without Cause as to anyone event described in this agreement shall not affect his entitlement to effect a Constructive Termination without Cause as to any other such event. PARAGRAPH 9: WILLIAM RAY MITCHUM agrees that following the termination or expiration of this Contract, if he is subsequently employed elsewhere, he will not seek to then employ or aid in the employment of COMMISSION employees for his subsequent employer. This provision to survive the expiration or termination of this Agreement for a period of one (1) year. PARAGRAPH 10: WILLIAM RAY MITCHUM will additionally be entitled to the following benefits and privileges: 1. The COMMISSION will furnish an automobile allowance for his unrestricted business transportation use within Volusia County, Florida. 2. WILLIAM RAY MITCHUM shall be reimbursed for expenses incurred on behalf of the COMMISSION, including, but not limited to travel, meals, and lodging. 3. WILLIAM RAY MITCHUM shall be entitled to attend continuing educational opportunities, including short courses, seminars, workshops, etc., not to exceed ten (10) days per year or $1,000.00 in registration or tuition fees without specific approval of the COMMISSION. 4. Personal memberships in professional organizations will be at the WILLIAM RAY MITCHUM'S own expense. Expenses incurred in connection with COMMISSION maintained and prompted professional organizations will be at the COMMISSION'S expenses. William T. Preston, P.A. 143 Canal Street, New Smyrna Beach, FL 32168 (386) 424-9200 Page 4 PARAGRAPH 11: It is further understood, agreed and contracted that this Contract shall become effective on the 16th day of March, 2015. PARAGRAPH 12: This Agreement shall supersede all prior employment agreements between the parties. IN WITNESS WHEROF, we have hereunto set our hands and seals this 16th day of March,2015. UTI LITES COMMISSION CITY OF NEW SMYRNA BEACH, FLORIDA Chairman WILLIAM RAY MITCHUM APPROVED AS TO FORM: Secretary-Treasurer William T. Preston} P.A. 143 Canal Street, New Smyrna Beach, FL 32168 (386) 424-9200 William T. Preston, Esq., Attorney for COMMISSION Page 5 UTILITIES COMMISSION ADM. OFFICE CITY OF NEW SMYRNA BEACH, FLORIDA AGENDA ITEM 6-a o CONSENT ITEM FOR MEETING OF: o NEW BUSINESS FROM: o OLD BUSINESS SIGNATURE: William E. Hall [!J Comms. Counsel's Rpt. USE ONLY: March 16, 2015 UC Chairman - William E. Hall EXHIBITS: Proposed Replacement Agreement for Engagement of General Counsel- Negotiated by U.c. Chairman W.E. Hall SUBJECT: Replacement Attorney-Client Fee Agreement For Engagement of General Counsel SUMMARY: As stated previously, Chairman Hall requested, with a majority Commission concurrence during the V.C. Meeting held 12-15-14, to also negotiate a replacement Attorney-Client Fee Agreement for the V.Co's Legal Counsel. Chairman Hall stated that he wanted to take this action during his term and service on the Commission. The V.C.'s continued legal operational integrity, strict adherence to the V.Co's bond covenants, resolutions, and policies, as well as the significant strategic and objective accomplishments have been realized through Mr. Preston's support and contracted legal services. Chairman Hall negotiated the replacement agreement without an increase to the Commission for the annuaV monthly retainer amount and one revision to existing terms and conditions, the extension of this agreement to March 16, 2019. The negotiated agreement is hereby attached for approval. Mr. Preston agreed to assist the U.C. by being Interim General Counsel upon the resignation of the former general counsel in 12-2005. In August, 2009, a formal agreement was approved for a four year period; compensation remaining tied to his law firm's then hourly rate of $225. Prior to the termination of that agreement and due to Mr. Preston's specialized legal knowledge and experience regarding the V.c., in July, 2012, additional intemallegal assignments were determined necessary to ensure integrity and additional legal assistance in strategy and visioning, and a monthly retainer and availability to serve on an "as-needed" basis was approved. Mr. Preston averages, at a minimum, three to four hours per day devoted specifically on the above stated V.C. matters. Due to the existing scope of services, Mr. Mitchum as the current GMiCEO, concurs with and recommends the continuance of Mr. Preston as the V.C.'s General Counsel. RECOMMENDED ACTION: A motion to approve the attached agreement for William T. Preston, P.A., for a four-year period, a retainer amount payable in monthly installments of$12,000, and various other provisions as detailed in the AttomeyClient Fee Agreement, with the Agreement's effective date on March 16,2015. _ --,e~ rvtJ:d. 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 5 ATTORNEY-CLIENT FEE AGREEMENT THIS AGREEMENT made and entered into this 16th day of March, 2015, by and between WILLIAM T. PRESTON, P.A. an Attorney licensed in the Commonwealth of Virginia and State of Florida ("Attorney") and the UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, FLORIDA, a non-taxing, political subdivision of the State of Florida, created by Special Legislative Act, Public Law 67-1754, as amended by Public Law 85-503, having the full and exclusive right to manage, operate, and maintain control of all of the utilities' services within the city limits and in a designated service area beyond the limits of the City of New Smyrna Beach, Florida, ("Commission") who agree as follows: WHEREAS, the Commission desires to retain the services as General Counsel for the Commission on the terms set forth below; and, WHEREAS, the Commission and Attorney desire to document the terms pursuant to which the Attorney shall be available to serve on an "as-needed" basis as legal advisor to the Commission. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. SCOPE OF SERVICES. Commission hires Attorney and any attorneys, law clerks, paralegals, and legal assistants, hired (as employees or independent contractors) now or in the future by Attorney to provide legal services in the following matter: • Provide legal counsel and guidance to the Utilities Commission, General Manager/CEO and upper management staff on legal and strategic matters relevant to the Utilities Commission. • Attend UC Commission meetings regularly and attend city commission meetings as deemed necessary by Commission/CEO. • Draft, review and approve policies and procedures, bylaws, resolutions and other documents related to governance, regulatory agency compliance, and business operations of the Utilities Commission. • Anticipate and identify legal issues of concern to General Manager/CEO, and develop legal strategies and solutions, often in situations of great financial, political and/or public relations conflict or significance, and with limited time for assessing alternatives; provide advice to General Manager/CEO for strategic planning purposes, internal processes and procedures relative to operational legal integrity, auditing/control, and participate in Utilities Commission strategic planning. • Draft and review contracts and related documents for purchased power, services, interlocal agreements, developer's agreements, procurement of goods and services, employment, leases of space and equipment, and software licenses. -------------------------------Pagel • Represent, or oversee the representation by outside counsel, the Commission in administrative hearings, employment and labor proceedings, and oversee the representation of the Utilities Commission and its officials in litigation; negotiate, supervise, or provide advice regarding negotiation of settlements involving complex legal issues or transactions on behalf of the Utilities Commission; and provide communication to the Utilities Commission leadership of information regarding regulatory and legislative activity. It shall be the Attorney's discretion to discern the need to employ outside legal counsel for such matters. • Provide advice for, and participate in, negotiations with federal, state and local government officials regarding Utilities Commission relationships with those entities and delivery of utility services to customers and other special populations. • Provide advice regarding strategies to ensure appropriate and optimal reimbursement for services from public and private payers; analyze applicable laws and regulations and drafts policy and position statements; and participate in development of Utilities Commission public policy positions regarding delivery of utility services. • Conduct development sessions of Utilities Commission and staff in areas of legal specialty and develop training materials; provide advice regarding training needs at the Utilities Commission in areas of legal specialty and in compliance with training requirements imposed by regulations. • Perform other legally permissible duties and functions, as assigned. Attorney will provide those legal services reasdnably required to represent Commission. Attorney will take reasonable steps to keep Commission informed of progress and to respond to Commission's inquiries. The Utilities Commission agrees to provide such information, assistance, cooperation, and access to books, records, and other information as is necessary for attorney to effectively render his professional services under this Agreement. 2. TERM. This Agreement shall commence on March 16, 2015 and remain in effect for Four (4) years or until terminated by either party as provided for herein. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Commission to terminate the services of Attorney at any time with or without good cause, and the Attorney shall serve at the will and pleasure of the Commission. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Attorney to resign at any time so long as the terms of notice hereof are met. ------------------------------- Page 2 3. LEGAL FEES AND BILLING PRACTICES. Commission agrees to pay Attorney a retainer at an annual amount to be payable in monthly installments at the rate of Twelve Thousand Dollars ($12,000.00) per month for the term of this Agreement. The Attorney will be available "on call" for requested services as specified above and will make himself available during all working hours except with notice by either party of conflicts of appointments or personal leave time. "Working hours" shall include meetings which may be held by the Commission, and any city commission meetings which attorney attends as requested by Utilities Commission andlor Utilities CEO, whether regular or special, whenever they may occur. No benefits or other compensation is anticipated as is provided an employee of Commission. 4. COSTS AND OTHER CHARGES. Attorney may incur various costs and expenses in performing legal services under this Agreement. Commission agrees to pay for all costs, disbursements and expenses in addition to the retainer fees. The costs and expenses commonly include fees fixed by law or assessed by public agencies, messenger and other delivery fees, postage, photocopying and other reproduction costs, travel costs including parking, mileage, transportation, meals and hotel costs for seminars or other events directly related and beneficial to Commission, investigation expenses and consultants' fees and other similar items. All costs and expenses will be charged at Attorney's cost. 5. DISCHARGE AND WITHDRAWAL. In the event the Commission, at any time during the term, fails to pay the compensation herein provided or in the event the Commission refuses, following thirty (30) days written notice, to comply with any other provision benefitting the Attorney herein, or the Attorney receives a suggestion, whether formal or informal, by the Commission that he resign, then, in that event, the Attorney may, at his option, be deemed to be "terminated" as of the date of such reduction or such refusal to comply with any other provision benefitting the Attorney or receiving a suggestion of resignation. In the event the Attorney exercises said option, the Attorney shall immediately provide written notice to Commission. In the event such termination occurs, the Attorney shall be entitled to the balance of unpaid retainer amounts remaining on this Agreement, in no case less than six (6) months, payable in a lump sum or bi-weekly installments as determined by the Attorney. However, the Commission shall have no obligation to pay any unpaid amount pursuant to this Agreement to the Attorney in the event the Attorney is terminated because of either conviction of any felonious act or criminal act involving personal gain, commission of gross negligence in the representation of the Commission, or willful disregard of any duty, order, resolution, directive, rule or policy of the Commission. The Attorney may withdraw for good cause, or upon written notice, or notice of withdrawal provided by public record such as a verbal notice at a public meeting, said notice to be provided at least ninety (90) days prior to termination to allow Commission opportunity to find different representation. Good cause includes Commission's breach of this Agreement, refusal to cooperate or to follow Attorney's advice on a material matter or any fact or circumstance that would render Attorney's continuing representation ------------------------------- Page 3 unlawful or unethical. When Attorney's services conclude, all unpaid amounts of the retainer for services which have been incurred to the date of withdrawal will immediately become due and payable. After services conclude, Attorney will, upon Commission's request, deliver Commission's files and property in Attorney's possession, whether or not Commission has paid for all services. 6. MISCELLANEOUS PROVISIONS. The Commission agrees to pay the Attorney for all damage to his professional reputation arising out of intentional false statements by words or other actions by members of the Commission. The Commission may relieve itself of this obligation by unequivocally repudiating the false statement causing damage to the Attorney's reputation within a reasonable period of time. Likewise, the Attorney agrees to pay the Commission for all damages to their professional reputation arising out of intentional false statements by words or actions by the Attorney. The Attorney may relieve himself of this obligation by unequivocally repudiating the false statement causing damage to the Commission's reputation within a reasonable period oftime. 7. DISCLAIMER OF GUARANTEE. Nothing in this Agreement and nothing in Attorney's statements to Commission will be construed as a promise or guarantee about the outcome of any matter. Attorney makes no such promises or guarantees. Attorney's comments about the outcome of the matter are expressions of opinion only. IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the 16th day of March, 2015. UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, FLORIDA WILLIAM T. PRESTON, P.A. By: _________________________ By: ___________________________ WILLIAM R. MITCHUM, GENERAL MANAGER/CEO WITNESS AS TO BOTH -------------------------------Page4 WILLIAM T. PRESTON UTILITIES COMMISSION ADM. OFFICE CITY OF NEW SMYRNA BEACH, FLORIDA AGENDA ITEM o CONSENT ITEM FOR MEETING OF: o NEW BUSINESS FROM: OLD BUSINESS SIGNATURE: Brian Bilinski o USE ONLY: 7-a March 16,2015 Director of Finance EXHIBITS: Excerpts from Certified Appraisal Report, Proposed DC Res. No.2-IS, and COPY of DC Res. No 1-07 SUBJECT: Asset Management - Recommendation ~or Sale of Sugar Mill former Water Treatment Plant Site SUMMARY: At the April 21 , 2014 Commission meeting, agenda item 6-a., approval was granted to move forward with staff's recommendation that various properties owned by the Utilities Commission were potential asset sales and had no identifiable utility use for the foreseeable future, and that the sale, lease, or others disposition of these parcels will not adversely affect the revenues or system operations of the Utility. The decommissioned former Sugar Mill WaterlWastewater Plant sites had been included with those properties and subsequently the former Wastewater Plant site was determined to be retained for reuse water uses. The deconstruction! salvage activities have now been completed on both of these sites. In accordance with existing regulations, a certified appraisal for the former water plant site was obtained and excerpts from that report are exhibits for this agenda item. (Full appraisal report will be included with the bid for the property.) The appraiser's "Estimated Value" will be the minimum bid price and the V.C. will evaluate creditable bids based on that value. Staffis recommending that this parcel be placed for sale on such media as: V.C. website, DemandStar.com, local newspapers, and site signage. The City of New Smyrna Beach and County of Volusia will be notified in case of their participation interest. Further requirements of disposal, due to the original cost of this property, is a resolution to be approved by the Utilities Commission and a consulting engineer's written finding, in addition to the GMJCEO and CFO's written fmding, all declaring the property is no longer necessary, useful or profitable in operations and nor will the disposition adversely affect the V.C.'s fmances or operations. Another item of consideration of Commission direction on this specific property is stated in V.C. Resolution No. 1-07 - a consideration to incorporate the Declaration of Covenants, Conditions and Restrictions for the Sugar Mill Homeowners Association into the V.C.'s deed for this property before any sale is executed. If desired and approved, the next steps, in order for this property to be sold and conveyed subject to those restrictions, it will require legal services devoted to the development of and incorporation of those restrictions into the U.C.'s existing deed and then the associated legal fees for recording ofthe new restricted deed. The existing appraisal did not include these restrictions into the estimated "as-is" value but informal discussion with the appraiser indicated other Sugar Mill property had been considered within his current value. The appraiser indicated he would perform another appraisal upon request and provision of the deed restrictions if so desired (existing appraisal cost - $600). Additionally, if restrictions approved, the bid issuance for this property will take place after the restricted deed has been developed and recorded. A motion approving uc. Resolution No. 2-15 (attached) and the determinations for the sale of the referenced property based upon the value identified within the independent, certified appraisal report, and direction regarding inclusion of potential deed restrictions in the bid for this property. . RECOMMENDED ACTION: NOTE: ALL AGENDA ITEMS MUST BE IN THE GENERAL MANAGER'S OFFICE BY NOON MONDAY TWO WEEKS PRIOR TO THE REGULAR MONDAY COMMISSION MEETING. Page 1 of 25 POMEROY{'.~.D.f. '.• ''. :."' .:... :" ',- .. .. " ::' .. ";". ";.' . APPIV\ISA;L A$!$Q~IATES· ;OF: fli,;ORibA, iNC. ·Re4.1J!;sJ(lurApPt:(lisers.,-Co(t$.4i({r"ts.. eOON•. RIDGe,woob:Ave •• SUITEA.eDGew.A:TER,);L~2132 • rEI..,~B6~~~3'·51to • FAK~t);4g\3~3Q6!) . . ..... _______ ..: _, .J ... February 16, 2015 Maureen Lynch, CPPB Materials Manager Utilities Commission, City of New Smyrna Beach Re: Restricted Appraisal Report Vacant Land 86 Clubhouse Boulevard plus adjoining lot, New Smyrna Beach FL 32168 Dear Ms. Lynch: In accordance with your request, I submit to you this Restricted Appraisal Report. The purpose of the appraisal is to estimate the market value "As Is" of the above-cited property. This letter of transmittal is followed by the certification of the appraisal and the narrative appraisal report. Any data not contained in the report is retained in our file memorandum. Particular attention is directed to the Underlying Assumptions and Limiting Conditions section of this report. Summary of Value Estimated "As Is" Value $343,000 Thank you for the privilege of serving you. Sincerely, Ronald S. Crouse, ASA, CRA State-certified general real estate appraiser RZ670 Location 86 Club House Boulevard plus adjoining lot, New Smyrna Beach, Volusia County, Florida Tax 10# 7342-00-00-0033 & 7342-00-00-0062 Legal Description 42-17-33IRREG PARCEL LYING E OF SUGAR MILL UNTil MEAS 110.67 FT ON CLUB HOUSE BLVD & 330 FT ON S/L PER OR 4578 PGS & 42-17-33 IRREG PARCEL N & E OF LOT 8 SUGAR MILL COUNTRY CLUB & ESTS UNIT 1 E OF CLUB HOUSE BLVD MEAS 25.54 FT ON RD AKA SUGAR MILL MAINTENANCE AREA PER OR 4578 PGS 2705-2719 INC Ownership City of New Smyrna Beach Utilities Commission Type of Property Vacant Residential Lot (Improvements not included) Site Size 3.27± size supplied by client appraiser does not warrant Site Improvements Not included Improvements Not included Easements & According to the National Wetland Inventory Map the site has no wetlands. (See wetland map in addendum) Encroach ments Current Assessment Total land only $19,701 Current Taxes $0 - tax exempt (VCPR) Flood Zone FIRM Panel Number 12127 C 0540 H, Dated 2/19/2014. Subject appears to be in Flood Zone "X". Appraiser does not warrant flood zone information. (Subject to determination by qualified expert in this field) Zoning PUD, New Smyrna Beach. Highest & Best Use Vacant Residential development As Improved N/A Marketing/Exposure Period 12 months Intended User City of NSB Utilities Commission Date of Value February 12, 2015 "As Is" Market Value $343,000 SALES COMPARISON APPROACH SALE OR BKIPAGE 1 7069/0676 2 7030/2142 3 6944/4729 4 7017/3430 LOCATION 2626 Spruce Creek Blvd Port Orange Pine Brook Dr. Edgewater 1092 Club House Blvd. New Smyrna Beach 2760 Autumn Leaves Dr. Port Orange DATE SIZE ACRES SALE PRICE PER ACRE 12/14 .58 $77,000 $132,758 09/14 6.00 $451,500 $72,250 12/13 .37 $65,000 $175,675 08/14 .83 $145,000 $175,699 Four sales were looked at in our analysis. All of the comparables were suitable for uses similarto the subjects highest and best use. The sales prices were from $72,250 to $175,699 per acre. It was estimated that the subject would have a market value of $105,000 per acre. SUMMARY SALES COMPARISON APPROACH Sufficient market data was available to employ the Sales Comparison Approach. Its final value indication is considered reflective of current market conditions. Based on the facts and data contained in this report, as well as my knowledge and appraisal experience, in my judgment, the market value of the subject property, as of the date of this report, was ($1 05,OOOlacre x 3.27 acres) $343,000 (R). = Estimated "As Is" Value $343,000 LOCATION MAP RESOLUTION NO. 2 - 15 A RESOLUTION AUTHORIZING THE SALE OF UTILITIES COMMISSION PROPERTY, APPROXIMATELY TWO ACRES LOCATED AT 86 CLUBHOUSE BOULEVARD PLUS THE ADJOINING LOT IN NEW SMYRNA BEACH, FLORIDA; A POTENTIAL ASSET SALE DUE TO DETERMINATION OF NO IDENTIFIABLE UTILITY USE FOR THE FORESEEABLE FUTURE AND AS PROVIDED FOR IN U.c. RESOLUTION NO. 28-78, RESCINDING ALL RESOLUTIONS, OR PORTIONS THEREOF, IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Utilities Commission, City of New Smyrna Beach, Florida (U.C.), was duly created and validly existing under and by virtue of Chapters 67-1754 and 85-503, Laws of Florida, as the governing body of the utility system of the City of New Smyrna Beach, Florida; and WHEREAS, the Utilities Commission owns real property located adjacent to and within the Sugar Mill Residential Development described as the former Florida Water Services Water Treatment Plant (tax identification parcel numbers listed below); and WHEREAS, the Utilities Commission has determined the ownership and/or future operation of this former Florida Water Services water treatment plant was not necessary, useful, or profitable in the operation of the Utilities Commission System (decommissioned and deconstructed), and that this vacant property site has no identifiable utility use for the foreseeable future; and WHEREAS, in accordance with U.C. Resolution Nos. 28-78 and 11-80, based on the original cost of such property, there is a requirement for a resolution, an executed written fmding by the U .C.' s GMiCEO and CFO, and a consulting engineer's written finding to declare and confirm the sale of this property will not adversely affect the revenues or system operations of the Utilities Commission. NOW, THEREFORE, BE IT RESOLVED BY THE UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, FLORIDA, AS FOLLOWS: SECTION 1: The Utilities Commission hereby declares approval and concurrence with the written finding from the U.c. 's GMiCEO and CFO, and the Consulting Engineer's written finding that this part of such System is no longer necessary, useful or profitable and the disposition of such property will not adversely affect the revenues or the operation of the system to such an extent th,,-t the Utilities Commission will fail to comply with the covenants ofU.C. Resolution No. 28-78. (Both written findings attached hereto and made a part of this resolution). SECTION 2: The Utilities Commission does hereby approve and authorize the sale of this real property located at 86 Clubhouse Boulevard and the adjoining lot, specifically parcel numbers 7342-00-00-0033 and 7342-00-00-0062, through a competitive bid process. RESOLUTION NO. 2-15 PAGE 2 OF2 SECTION 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 4: All Resolutions, or portions thereof, in conflict herewith are hereby rescinded and superseded. SECTION 5: After adoption by the Utilities Commission, this Resolution shall take effect immediately upon passage. THE ABOVE AND FOREGOING RESOLUTION was introduced at a regular meeting ofthe Utilities Commission, City of New Smyrna Beach, Florida, held on March 16 , 2015, by Commissioner _ _ _ _ _ _ _ _ _, who moved its adoption, which motion was seconded by Commissioner , and upon roll call vote of the Commission was as follows: CHAIRMAN VICE CHAIRMAN SECY.-TREAS. ASST. SECY.-TREAS. COMMISSIONER APPROVED: ATTEST: CHAIRMAN SECRETARY-TREASURER APPROVED AS TO FORM AND CORRECTNESS: SEA L Utilities Commission Attorney , . '. " ' Q.uentinL,.ltampt~ti,As$pdates, Inc. BMP t. fJl;AlS.i fI.E. OAVIQ.A .. !<IN~, P,E. AN()~EW, M, ·9IANNINI. P.E. KEVIN A; LEE, p,e. ~°1J,~~t~tjt'~}'tfer$ . . TElEI'HONE:(38~) 161·e!l10 . FAX: (386) 76H977 EMA1L:.qlha@q)ha.com PORT ORANGE~ F!'Q~'ON~212Q,0247 Utilities Commisston City ()fr;tewSmyma B.each 2no CamilStre~t, New.sroYr:n;9~1Ie~ch~ f'L~3:4l7J) : . - :.". ". " : . - ! . ; .. -,~ : . • ~~~:~i:~Eil~;ifr~~,~!~~~t;~:{~ii~i~ri~;::~~ t,nelltUith~s·eoniJl1jss'lQfiS.Y$fem~ . . . . .. :.-. - .. ' - .... ,.-- .. ' . .. -- ·Sijpl)lCty()u ]f~ve 1f@~tflI~$Jipn.sPl'-CCii~eACtUr~ij-~r--GIJtifigaf.ign. re~rmngyU~i$ .matte~t~pr~a:S-e ..... -------- ..... feeHreeto·callme. . ........., ..-: . BTB:el Enclosure UC13 Sugarmill WTP Assessment Report Cover Letter .8-27-14 UTILITIES COMMISSIOl~ NHWSMYRNA BEACH PREPAREU·BY: QUENTIN L. HAl\1PT6N"AS:SOCIATES, INC. ·..;CONSULTINGENGINE·ERSAUGUST 2014 1.0 SYSTEM DESCRIPTION AND INSPECTION The existing Sugarmill Water Treatment Plant is located off of Club House Boulevard in New Smyrna Beach, Florida. The site area is approximately 2 acres and the fo]]owing structures occupy the site: • (1) steel lime softening basin • (1) steel upflow sand filter • (1) 0,5 MG pre-stressed concrete ground storage tank • (1) masonry electrical room and pump station • Transfer pumps, valves and piping • (2) high service distribution pumps • Electrical panels and controls • (3) abandoned Floridan Aquifer wells The facility was constructed in 1978 to serve the residents of Sugarmill Golf and Country Club, It was operated as a private utility until 2000 when the Utilities Commission (UC) took over operation and maintenance of the utilities within Sugarmill. Operation of the water plant was stopped in approximately 2002 when it was determined that serving the water customers in Sugarmill could be done more cost effectively from the UC's primary water distribution system. The site is quite close to the UC's Glencoe WTP and as such, remote storage and pumping within the subdivision offers no operational benefit; therefore, the current facilities provide no apparent operational benefit to the UC, Operation and maintenance of this facility would result in increased O&M costs, Additionally, the steel structures and pumping equipment is approximately 36 years old and has exceeded its 'Useful Life' without major rehabilitation and capital investment, as determined by industry standards. QLH Utilities Commission New Smyrna Beach Sugarmill Water Treatment Plant System Assessment and Valuation 1 Section 1 - System Description and Inspection The location of tne site and relationship of the site features are illustrated below on the Vicinity Map. Vicinity Map Q,LH Utilities CommissioriNew Smyrna Beach Sug(lrmi/l Water TrgqtmentPlant System Assessmentand Valuation 2 Section 1 - System Description and Inspection 2.0 PHYSICAL CONDITION AND ESTIMATE;OVALUE Steel LilneSofteningBasin The existing 1imesoft~ning hf3.SiIi, pictured below, isacircu.lf3.l' steel, tank with a center contactorsectionand peripheral weitsand launders. Slaked lirneis introdueed into the center section where it comes jntocon~act w.ith ~aw gro1mclwf3.tt!rand prec.ipitat.escClh;jum ha,rdJ1.e$~oJ1t ofsolutiQnin O.rclertQ prod.ute,·soJtenedwa:tet. Tbe,preclpltated litnesludgeJs collec;ted in the bottom s.ettioriand pumped toa ·sludge holding pond for subsequent disposal, The softened wa,terflQws/oYerthe su,rfi),q~Weirs:t!i:tl1;e upnow~anr:tf!lt.er. The existing Umesoftening basinis'notin serviceable, €ondition and the cosHo rehapilitate the structure would exceed ehe cost of a new structure. As. such, the value of fa:cility is p.otentiaTly equal to the value of the recycled steel material/less the cost to demolish th.e structure and transport the:material to the recycling facility, QLH Utilities Commission New Smyrna Beach Sf,lgarrnill Water Trl?qtment Plant System Assessment and Valuation Section 2 - Physical Condition 3 Ste.el Upflow Sand Filter The upflow sand filter utilizes sand media to filter suspended lime sludge and colloidal solids from the softened water discharged from the softenil1.g basin. Thewat/i!f flows from the; bottom: of the filter, upwards through the sand O1ediaa.nd .flows OVer the filter discharge weirs. Thesqua.reste.el tank and weirs are pictured below, The filter is rusted andnqtJn ~erviceahle cQndifion, SimiJ<l.r'to :the soften.ingl:Jasin,the~o$tt.o rehabiHtatethe filter would exceed the cQStaf a new filter; therefore, the value. is f,1(}tentiaJly equaito the recycle. value of thesteeI. .$andFilter QLH Utilities Commission NewSmyrna Beach Sug.armillWater Treatm~ntPhmt System Assessment and Valuation Section 2 - Physical Condition 4 O.SMG Pre-Stressed .Concrete· Ground Sto'rageTank The pre-stressed concrete tank, pictured below, has a neW replacement coSt of apprpximately $25QiOOOj however, the value ls only relev,a,l)t if tijereisa use for the structure. The tank is located very close to the GlencoeWTP and the Sugarmill tank is too small to provide any real value for the utility for diurnal storage or emergency supply. It is the t~rnk, so inhere'is noidendficp use fQr the tank it represents a Hahility,ootanasset The tank is a composite structurecouSlsting of conCrete and pt.ellpffe~sibleto rel()cat~ stressed. wire. Ithas no,recycle value. Storage Tank QLR Utilities Commission New Smyrna Beach Sug(1rmiI/ Wat.erTrea,ementPJant System Assessment and Valuation Section 2 - Physical Condition 5 Masonry Pump Station and Electrical Room The masonry structure was constructed to house the high service pumps, electrical controls and miscellaneous equipment. Its value is primarily related to its value as a pump station, Similar to the storage tank, the ue does not need a pump station for pressure or flow at this location and it has no value as it is currently configured, Therefore, the value of the station could be based upon typical square footage cost estimates for structures of this type, if it could be used in its current state, Unfortunately, the current 'Utility' zoning limits the use of this site, Any rezoning of the property and repurposing of the structure would require bringing the structure up to current codes, induding windload as they relate to the roof, windows and doors, It is estimated that the cost to bring the current structure up to meet current codes is not feasible. QLH Utilities Commission New Smyrna Beach Sugarmill Water Treatment Plant System Assessment and Valuation Section 2 - Physical Condition 6 Transfer Pumps, Valves,and Pilling The various transfer pumps, valves- and pipes pictured below have .a salvage valU'e; The equipment; "an be used by agricultural users and also serve as .spare pclrts for private utilities, Transfer Pumps¥alyesand Piping QLH utillties Commission New Smyrna Beach Sugarmill Wq·t~r TteatmeutPlaut System Assessment and Valuation Section 2 - Physical Condition 7 High Service Distribution Pumps The (2) centrifugal high service pumps are in marginal condition; however, it appears as though the motors are in serviceable condition and the pumps could be re-built with new seals and bearings. New pumps are costly and centrifugal pumps have a salvage value for agricultural users and private utilities. Electrical Panels and Controls The various electrical control panels, disconnects and pump controls have been out of service for approximately 10 years. It is doubtful that they are in serviceable condition. The salvage value is minimal and the recycle value is also minimal because there is little copper or ferrous material within the cabinets. The demolition and disposal cost for this equipment exceed the salvage value. QLH Utilities Commission New Smyrna Beach Sugarmill Water Treatment Plant System Assessment and Valuation Section 2 - Physical Condition 8 Floridan Aquifer Wells The existing (#3) Floridan aquifer water supply wells are not in use. There is no well equiprnent installed. The value of the wells would beUmited to the potential us.e of these W~n& asa potable water or i rrlgati on, supply; Due to. the lOCation of the wells on the property, jtis estimated that the wells will ne.ed to be properly ahandoned with rock and grout This isa permitted activity through SJR;WMD~n(l\:tle cost to abal}dona Floridan aquif~r weUcan be asbtgll a~.$2.SI<perwen. Eloridan Aquifer Wells QLH UtilitiesCommission NewSmytfla Beach Sugarmill Water Treatment Plant System Assessment and Valuation Section 2 - Physical Condition 9 UTILITIES COMMISSION OFFICE OF PETERA. KORELICH. P.E. DIRECtOR OF ENGINEERING CITY OF NEW SMYRNA BEACH. FLORIDA ELEcrRIC, WATER, POLLuTION CONTROL Post Offtce Bux 100 • 200 Canal St. New Smyrna Beach, Florida 32170·0100 (904) 427·1361 March 7~ 2002 ~.SbannonJoyce,P.G. st. Johns River Water Management District Department of Resource Management 975 Keller Road Altamonte Springs, FL 32714-1618 RE: Consumptive Vse Permit 8590;Sugar Mill Country Club Estates Dear Ms. Joyce: The well abandonment at Sugar Mill Country Club Estates has been completed and signed off by Volusia County Environmental Management. Attached are copies of the well completion reports. Should you have any questions or need further information, please don't hesitate to call me at 386-427-1361, ext. 7104. Sincerely, ~-:c 0 i Director of E PAKlpjl EnClosures cc: ~ave Hoover Steve Zimmerman Dale Masssey 9B44237191 FRCl'! I ! UTIL NEW SMVRNA BCH I\.; r I ~:-. t No. of IJoag$ I rNeltl I<amQI'!t' .. ~ PAGE 01 t1a.r. 06 ".~ ~:il;: '~ . \~ 11\).;' IFL) .. 0f. I I .! t' ~ I 11: 01A"! ~ Pl. "~r TGIF\.) \Q2. I I~;;~=- I---t--+--!lt .....--~~~-T', --'.'. I,I.D' I ! \>I _ _ 1--+-0+-......- - - - - - - ~:.~ . Fil1'll Tn ~. . ,. _ ... f. " o " e3/~6/2ae2 14:31 9044237191 UTIL NEW SMYRNA BOH ..... ,I'!=I" ... PAGE , . i'.· ~.i'O'I7J?,"" .. ,VI,... ..... ·' eJ2 r~ VlI"1 ........ . ~~?-=":a=.r .~ ('~ ~,.. t"/WI~rn:\ "'~M)r .... nor Ion+- 1.1_ ~ .: IIVI:U,I,Il!II:~ UEPIf'\ItlIIQ ~7 9I:l!lm4-09ma",~,:..",ddQ.~il.( ........ HtIS lJfIIIIed_ti2-524-+UIb\Jf _ _ _ _ __ CQowII'LI.'IVN"AI"'2f;.."J I -~ .... ~ ;".1 . . . . . . . .. 1,"'.- ".. -_ L'lllill. METIiOO ! ~ [ ) Cable .oQ/ I IComb/nIIIloo nihil! t 1 AI'IIe" I ] Jet .....1i• ...,....n_ft~'~I_ ...... l,.t "''''''''''1 ,oj ~r'.1. J~ 1 ....IUW ~ ~! ',lIlIkSleel [ ~1S:!~ lGal'l· r)p ~ Cuinll Dieme\ef r~~, '1'0 \~ "'e 0 -c(~ 0I\6t . M Dfl!ur CVI11NGS \'Oll FIOIII '~~f'I,) •• .. wr_ HJ~"..IA.. r&. .. I\ltar_~a: ... _ItI.M.~ ~~ ~!f ~1Ih Mtin~-r26" tit allotllldtlldlalllw. ~.a ~.lIIpillO~ IOhU. Cl</OO'llJ ~8/n I ~OI"""! r-GOl . .'\.n.. t'<'\.tMl. "318" .,...,.. J! ; ~atne1&:_ FI'OIII ~ -;0 i I --~ l6Ier ( J , ~ IV L Q\IItv I ] 0Dm1l1lt _ _ I'lOm • Tq -- .. " ~ "i ~ " f:' 1-,' .1 ..... 141 E .. _ ......... i •. " ••.• , I (' ~ ..l . ) • .., 1'IT\It' nl¥l;-' .. ~"" , ....",. ( 1 nI j. --- RESOLUTION NO. 1-07 A RESOLUTION OF THE UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, REGARDING THE SUGAR MILL HOMEOWNERS ASSOCIATION AND THE ADJACENT LAND OWNED BY THE UTILITIES COMMISSION AND SIGNATURE AUTHORITY; RESCINDING ALL RESOLUTIONS, OR PORTIONS THEREOF, IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Utilities Commission, City of New Smyrna Beach, Florida, was duly created and is validly existing under the Laws of Florida. The Utilities Commission, City of New Smyrna Beach, Florida, is an appointed body with exclusive authority over the management, operation and control of the City of New Smyrna Beach's electric, water, sewer and reuse utilities; and WHEREAS, the Utilities Commission owns real property located adjacent to the Sugar Mill Residential Development described in EXHIBIT "A" attached hereof; and WHEREAS, The Sugar Mill Residential Development has a Declaration of Covenants, Conditions and Restrictions, governed by the Sugar Mill Homeowners Association and binding upon all of the property owners within the development; and WHEREAS, The Sugar Mill Homeowners Association has an interest in . maintaining the quality of the property values should the adjacent Utilities Commission property be sold; and WHEREAS, The Utilities Commission has an interest in use of the property adjacent to Sugar Mill at its discretion as long as it is owned by the Utilities Commission; and WHEREAS, The Utilities Commission and Sugar Mill Homeowners Association wish to continue and maintain a positive working relationship, and, in order to do so, enacts the following. NOW THEREFORE, BE IT RESOLVED BY THE UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH, FLORIDA, AS FOLLOWS: . SECTION 1: That the Utilities Commission, City of New Smyrna Beach, Florida, shall make no changes which may add restrictions to the property adjacent to Sugar Mill described above for as long as it is owned by the Utilities Commission unless it willingly does so by subsequent in::;truIIleIlt. Nothing hl:H'ein ~hall be cOllstl'ued to affect CUl'!'ent property rights of said property. RESOLUTION NO. 1-07 Page 2 of 3 SECTION 2: If at any time subsequent to this resolution, the Utilities Commission, City of New Smyrna Beach, "Florida, makes the decision or is compelled by law or circumstance to sell the property adjacent to Sugar Mill, in whole or in part, it will consider to incorporate the Declaration of Covenants, Conditions and Restrictions for the Sugar Mill Homeowners Association into the deed before any such sale is executed. SECTION 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 4: After adoption by the Utilities Commission, City of New Smyrna Beach, Florida, this Resolution will become effective immediately. SECTION 5: All Resolutions in conflict herewith are hereby rescinded and superseded THE ABOVE AND FOREGOING RESOLUTION was introduced at a regul ar meeting of the Utilities Commission, City of New Smyrna" Beach, Florida, held on Jan. 22 ,2007 by Commissioner Diesen" , who moved its adoption, which motion was seconded by Commissioner Spangler, and upon roll call vote of the Commission was as follows: CHAIRMAN VICE CHAIRMAN SECY.~TREAS. COMMISSIONER COMMISSIONER APPROVED::? 2 SEA L ATTEST: ~a$:A4< SECRETARY-TREASURER APPROVED AS TO FORM AND "i~ lCOARECTNESS: Hiltl \(Iv L Utilities Commission Attorney RESOLUTION NO. 1-07 Page 3 of 3 EXHIBIT A A portion ot the Joa 'ph Bonelly Grant, Section 42, :'1)Vf:!~~i;l 17 South. Ranq" 33 East, volusia county, FlC=ida, beinq ctul:ribGcl all !ol·lows: OlJIIIIence at the liorthvttst co~er ot Lot 8, Unit 1, 3uqa:-. K111 COWltry ClUb and Estates Subdivision. ac:ea~ to the p~at the;-ao~ as :eca:aed in 1I1atDaok 29, pa~ 129, pu.glic ~ of VolQaJA COIDlty. Flcn:ida, said. point beim; l.oca~ on the Easterly ritpr:ot-way lin. of Cl.ub a-.. BoItlevard e~:m:liDq" 1:0 the pla~ o~ k1ut Ba:ft .tJhit 1 as recorded in ~lat Rook 3!5, paqes S. .6, aDd 7. public: rec:orr:!s o~ Volusia COunty, Florida: t!lSnCe alcmq ~ic!. Eu~ly riCJl1t.-ot-way . liDa the ~Qllowi.rJ,g tva CZ) c=ttses &.Cd. d1staDce., tlc.rt:h 09" U" 23- ta.t,1l.0.67 taet to a point Q~ c:'.:rv1ltUra Qf Ok c:urva, caacava southwesterly, MVl.nq a. radius of 116,76 feet; thence r!2ft Northerly %5.54 ta.&t alang the L"'C ot said curle, th%u a. c:mzt::al. UKJle ot QQ- for the pointoi ~inq~ ~ Sau.th .1" ·OS • 37· East., r...u.aJ. to lc;t. sOlid cw:ve l:l7. 33 :~: 1 thence South 28" 36 OS" East, 118.27 fbet to an .i.~on pipe bRim; the li~ carner ~ an existi.ag Water Plant S1t~: t!:=nce ~ Og" 54' 5:110 lilost, ~.49 teet: to the westerly bolmdary ot :. !;crl! Course: tblmCe liortb. 44" 55' 20" West, alo~ eid Hest:.rly baun='''ry. 1.$6.-,1 feet: theDCe Scmth 77" 52' 19 11 West. 277.33 t_e 0'· "5" to t:he POint ot. ~nq: and A porti.on Of the. Joseph Bonelly ~, Section 42. 'l'~··'~h1p 1.7 Sautl:, Ranq. 33 !!aSt. votusia county. Florida, bei.~ de!:.: :-:1»e:! ~. t"allaws: ~. ar :be ltOZtbwest ~ar Q1! Lot 8, nnit 1, SUrpIr JUl! coana::r·ClUhaDd. BsQt88. SQW1visian •. a.~ to tha-platthm:Rot as recorded: in Plat" Book: 29. paq.. 129 •. public: nco:d.s: o~- Vol_ill ~, l"l.aJ:ida.said.poilzt beinq l~ c:l. tile EUtcl.y- ngb.t~ line- cr. Club a=se. Boul..-arip; ac:cordiDq to the plat Q~. BW::ft. tn2it I. as l:eCOXd8cl in Plat: !oak 35, pa.gca S •. 6, cd T, pzablic l:8CULa ot' Vel_.:! 1 CDrm1:y~ l"l.orida: tb8uCe··lforth 0.9" 39' 23" Eaat;. aloaq saiG.- l':asterlY' %"1;h:-c~-r.ty line'. UO.57 tnt Zor.tbe pcU.r.t. ot~, said. poim:: .beiaq .... pcint ~ CIolrVablzc.ot: .. ezc:ve. an. c::ac:ave- ~.lY. ~.1nq a; radius. o~ 226.. '1(;, teM:t ~. Z'Im 3'ClI:'t:be:ly· 2$.S4 fecit: alone;. ~ .:re' Q~ sai4 am::ve tb:u .. cant:ral 7 UIIJl. oJ!. q6.~ 45 00- to &. ~ t.bIeDca. South. 87· 05. t · 37- zaat. %a!1al. to, bud: s.U.cl. ~ 337.3a: ~t:. thaDce· South %1· l~· oa!:allt'.- ll.... r.' tNt: to. an. ir=t.,ipe- ~ the H'~ c=ner at an "';se:!!'9'·aater Plasrt: Site; tbltDCe'SoI:ltb:. 61-:- 23' 5;Z-· WHt. alc=q t!:a K<=th.lu.- ot· Hid . .tar Pl.antSita-, 216.00 feet: tbenc:a lrorth 36" os- west~205.65 teet: thence ~c:-~ 80- 20' 37ft west~ lu'.'l teet, to 1:be. point ot heqiDninq. 2'-