Commission Meeting Minutes Thursday, December 6, 2018

For your consideration, please read the minutes from the Commission Meeting held on Thursday, December 6, 2018 at 2:00 p.m.

Commission Meeting Minutes 12-6-18 with Attachments

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Brunswick-Glynn County Joint Water and Sewer Commission

1703 Gloucester Street, Brunswick, GA 31520

Thursday, December 6, 2018 at 2:00 PM

COMMISSION MINUTES 

PRESENT:                             

Donald M. Elliott, Chairman

Mike Browning, Vice-Chairman

Clifford Adams, Commissioner

Cornell L. Harvey, Commissioner

Steve Copeland, Commissioner

Tripp Stephens, Commissioner

G. Ben Turnipseed, Commissioner 

ALSO PRESENT:                 

Jimmy Junkin, Executive Director

Charlie Dorminy, Legal Counsel HBS

Andrew Burroughs, Deputy Executive Director

Todd Kline, Director of Engineering

Pam Crosby, Director of Procurement

John D. Donaghy, Director of Finance

 Jay Sellers, Director of Administration

Janice Meridith, Exec. Commission Administrator

Cindy Barnhart, T.S.I.

Kirk Young, Superintendent 

MEDIA PRESENT:               

Larry Hobbs, The Brunswick News

Pamela Permar Shierling, The Islander                  

Chairman Elliott called the meeting to order at 2:00 PM.

Commissioner Turnipseed provided the invocation and Chairman Elliott led the pledge.

PUBLIC COMMENT PERIOD

Chairman Elliott opened the public comment period.

There being no citizens for public comment, Chairman Elliott closed the public comment period.

EMPLOYEE RECOGNITION

Commissioner Harvey presented Michael Allen Teed with his Wastewater Collection System Operator certificate.  Commissioner Harvey and Cindy Barnhart along with Superintendent Kirk Young and Supervisor Frank Clark congratulated Michael on his accomplishment.

EXECUTIVE SESSION

Chairman Elliott advised there would be an Executive Session to discuss property.

Commissioner Adams made a motion seconded by Commissioner Harvey to adjourn into Executive Session to discuss property.  Motion carried 7-0-0. 

Return to Regular Session

Commissioner Adams made a motion seconded by Commissioner Harvey to return to Regular Session.  Motion carried 6-0-1.  (Commissioner Stephens was not present in the room for the vote.)

APPROVAL

  1. Minutes from the November 15, 2018 Regular Commission Meeting

Commissioner Browning made a motion seconded by Commissioner Adams to approve the minutes from the November 15, 2018 Regular Commission Meeting.  Motion carried 7-0-0. 

  1. Minutes from the November 15, 2018 Executive Session

Commissioner Browning made a motion seconded by Commissioner Adams to approve the minutes from the November 15, 2018 Executive Session.  Motion carried 7-0-0.

  1. Contract Award CCTV Work, Phase 2 & 3 Downstream N.M. SPLOST Project – P. Crosby

Pam Crosby presented the recommendation to approve the contract award for the CCTV camera inspection for the 2016 SPLOST North Mainland Phase II Downstream Improvements Project.  She advised that this camera work will cover approximately 14,205 linear feet of various size sewer pipe and fifty manholes.  The Invitation for Bid was released on October 25, 2018 and a mandatory pre-bid conference was held on November 8, 2018 with six firms in attendance.  Bids were received from all six of those firms, with Southeast Pipe Survey, Inc. providing the lowest responsive and responsible bid at $55,448.75.  Mrs. Crosby noted that the camera inspection should be completed within about 60 days from the start date along with deliverable reports that will be used in the engineering phase of the Project.  She provided that the goal of the CCTV camera inspection is to determine what portion of the existing lines are in a condition that may be rehabilitated at a lowest cost through CIPP lining versus which portions have deteriorated beyond that point and will need to be completely replaced.  The camera inspection is expected to begin in early January 2019.

Commissioner Turnipseed made a motion seconded by Commissioner Copeland to move that the Brunswick Glynn Joint Water & Sewer Commission accept the bid of Southeast Pipe Survey, Inc., in the amount of $55,448.47 and enter into a contract for services to complete CCTV camera and manhole inspection as specified for Phase II and III portions of the 2016 North Mainland SPLOST Project.   Motion carried 7-0-0.

  1. Customer Payment Assistance Program – C. Dorminy

Charlie Dorminy recalled for the Commissioners that JWSC solicited bids from local community service organizations to act as a third party administrator for the JWSC Customer Payment Assistance Program that was enacted by JWSC’s legislation in 2016.  Costal Georgia Community Action Authority, Inc. submitted a bid and was selected.  Mr. Dorminy then provided an overview of the Proposal in that Community Action will implement and operate a Customer Payment Assistance Program designed to provide emergency assistance to eligible customers of the JWSC, the funds for which will be collected by voluntary donation from customers of the JWSC and others in a manner substantially similar to Community Action’s existing Low-Income Home Energy Assistance Program, and to further provide related eligibility determinations, program marketing, and financial and performance reporting, as described within the Agreement.  Disbursements of the Program funds will be made twice monthly, on the 10th and 30th of each month.  Comprehensive monthly program operation and financial reporting shall be due to JWSC no later than the 15th of every month and shall set out the financial resources of the Program including all assets and expenditures as well as all other relevant metrics related to the operation and use of the Program.  Mr. Dorminy further advised that the Administration Fee will be equal to fifteen percent of the amount of assistance provided and shall be payable from the contributed or donated funds.  He continued that Community Action further agrees to engage in customary and reasonable marketing activities within the service area of the JWSC to support and promote use of the Program.  They will also provide additional wrap-around services and resources to eligible applicants, including resources related to case management, housing services, employment services, income management, and energy assistance.  After Commissioner Browning requested to go on record as saying that, “The Commission should be prepared to hear about how the Program is not working, as well as how it is working and be prepared to make any changes or do what we can to tweak it and make it better as we move forward with this, what I think is going to be a good Program.”  After some additional discussion a motion was made.

Commissioner Browning made a motion seconded by Commissioner Copeland move that the JWSC approve the Customer Payment Assistance Program Agreement with Coastal Georgia Community Action Authority, Inc.  Motion carried 7-0-0. 

Commissioner Harvey requested follow-up on the processes of the Program. 

  1. Operating Agreement Seventh Amendment – C. Dorminy

Charlie Dorminy presented the Commission with the recommendation to approve the Seventh Amendment to the Operating Agreement and also the Amendment to the Intergovernmental Agreement.  He recalled for the Commissioners that the Fifth Addendum to the Operating Agreement amended the Operational Agreement to allow the JWSC to receive direct disbursements of eligible SPLOST funds proceeds from the City and/or County for approved water and sewer SPLOST projects beginning with the SPLOST 2016 and authorized JWSC to complete such projects.  Mr. Dorminy further noted that the County and JWSC now wish to accomplish the same goal with regard to one of the remaining SPLOST V projects.  He provided that on November 8, 2005 voters of Glynn County approved the imposition of SPLOST to be collected beginning on January 1, 2007 for the raising of an estimated amount of $124,449,616 for the purpose of funding certain capital outlay projects, including improvements to the water and sewer systems in the City and County. The approved SPLOST V projects for Glynn County included various water and sewer capital outlay projects, including a wastewater treatment project.  Mr. Dorminy then advised that SPLOST V proceeds actually received from the state revenue commissioner were substantially less than estimated, resulting in a shortfall and reduction in the amounts originally estimated for many SPLOST V projects, including water and sewer projects.  SPLOST V proceeds in the amount of $1,480,647.30 have been allocated and reserved by the County for completion of the SPLOST V water and sewer project described and set forth in Section 4 of this Agreement.  He then provided an overview of the Proposal/Agreement.  The Seventh Addendum to the Operational Agreement, which was attached for the Commissioners review and voting approval, will further amend the Operating Agreement to allow the JWSC to receive direct disbursements of remaining, eligible SPLOST V proceeds from the City and/or County for the approved water and sewer projects, under the terms agreed to within a separate Intergovernmental Agreement.  He noted that the JWSC will first vote on whether to approve the Seventh Operating Agreement Addendum.  Mr. Dorminy continued that additionally, the County and JWSC desire to enter into an Intergovernmental Agreement, which was attached for the Commissioners review and voting approval, in order for the County to allow for the disbursement of eligible SPLOST V proceeds to the JWSC for the water and sewer project and for the JWSC to complete such project under the terms set forth in the IGA.  If the Operating Agreement Addendum is approved by the JWSC, the JWSC will then vote on whether to approve the IGA subject to the City and County approval of the 7th Operating Agreement Addendum. He further added, through the IGA, the County and JWSC agree that the Project is to be funded in whole or in part using the remaining $1,480,647.30 of SPLOST V proceeds allocated and reserved by the County specifically for this Project and shall be used for Mainland Wastewater Treatment Plant Capital Upgrades and Improvements at or near the site of the Academy Creek Wastewater Treatment Plant in order to increase capacity and improve sewer service in mainland Glynn County.  The JWSC agrees to promptly perform and complete the SPLOST V Project and understands it is solely responsible for the completion of same. If any unspent SPLOST V funds remain with the JWSC after JWSC has satisfactorily completed and funded the SPLOST V Project, such remaining funds shall be deemed excess funds, immediately returned to the County, and disposed of by the County as provided by Georgia law.  Mr. Dorminy concluded the overview of the Agreement.  The JWSC agrees to promptly proceed with the acquisition, construction, and equipping of the Project. The JWSC understands and agrees that it must fund and complete the Project and that the Project cannot be abandoned even if the actual cost of the Project exceeds the amount of SPLOST proceeds received from the County under this Agreement.  He then advised that following discussion, we will need a vote first on the Operating Agreement, and subject to that approval we will then need a vote on the IGA.

Commissioner Turnipseed asked if this was all of the remaining SPLOST V projects, or just one of the SPLOST Projects.  Mr. Dorminy responded that the Operating Agreement applies to all three remaining, but the Intergovernmental Agreement only applies to this one Project.  Commissioner Turnipseed then noted that we have Alder Circle that’s $200,000, and there’s another project in Brunswick, I believe.  Mr. Dorminy noted he believed that was right. Commissioner Turnipseed then asked what was happening with those.  Mr. Dorminy responded that there will be a subsequent Intergovernmental Agreement related to those.Commissioner Stephens asked Mr. Dorminy to repeat and advise which Agreement applies to all three projects and which one doesn’t.  Mr. Dorminy replied that the Operating Agreement Amendment applies to all 2005 projects, water and sewer projects; the IGA only applies to this one project, the Academy Creek Project.  Commissioner Turnipseed asked if there should be an IGA for those other projects too. Mr. Dorminy responded that we will eventually.  Commissioner Turnipseed asked why weren’t they in this IGA too, and get it all cleaned up at one time.  Commissioner Harvey noted that one of those would go to the City.  Commissioner Turnipseed then asked about Alder Circle, and that we are having issues there too.  Mr. Dorminy noted that this one was directed to be done first.  Mr. Junkin added that it on his list though. Commissioner Stephens asked what the value of the second one was with the County.  Andrew Burroughs advised that Holly Street and Alder Circle was about $500,000 to $600,000.  Mr. Junkin added $600,000 plus some change.

Commissioner Turnipseed then noted the document said $1.48M and some change is what is remaining, and said that obviously some $20,000 of that was spent on what was the original scope of this Project, am I correct?  Mr. Dorminy noted he was not sure what that was spent on, and Mr. Junkin then began to add that it was spent on wasteload allocation when Commissioner Turnipseed continued to ask if by us changing this will we have to reimburse that $20,000 since it was spent on the original scope?  Mr. Dorminy advised that would be a County issue.

Commissioner Turnipseed then returned to Section 4 and noted he was concerned about some of the language.  Mr. Dorminy asked which document, and clarified the Intergovernmental Agreement.  Commissioner Turnipseed mentioned it was in several places in Section 4, and in page 3 of 9 also, and continued that in Section 4(b) it read, “The County and JWSC have carefully considered said growth reduction and change in development patterns, as well as the reduction in available SPLOST V proceeds, and have determined and concluded that the wastewater treatment needs of Glynn County and citizens of Glynn County will be served by capital upgrades and improvements at the Academy Creek Wastewater Treatment Plant.  The County and JWSC further find and determine that said allocation of funds toward capital upgrades and improvements at the Academy Creek Wastewater Treatment Plant is consistent with the purpose and intent for this SPLOST V project and accomplishes the purposes and end goal, which is to increase capacity and improve sewer service in mainland Glynn County through a mainland wastewater treatment plant capital outlay project.”  Commissioner Turnipseed said as it relates to increasing capacity, it is increasing the sewage transport capacity, but it is not increasing the treatment capacity, and I don’t know if that should be changed.  He then noted that the document said that the County and JWSC have considered said growth reduction and change in development patterns, and provided that to his knowledge the JWSC has never voted or considered that, maybe the County has but I am not sure JWSC has, and I would just like some comments on that.  Mr. Dorminy clarified if the comments were to come from him, and Commissioner Turnipseed noted from anybody.  Commissioner Harvey asked what his question was.  Commissioner Turnipseed said I’ve got questions, and then asked when did JWSC agree that the, and he read from the document, “…have carefully considered said growth reduction and change in development patterns and have concluded that the wastewater treatment needs of mainland Glynn County can be served by Academy Creek Wastewater Treatment Plant.”  Mr. Dorminy said I think that is what you are determining right now, with an affirmative vote on this Agreement. Commissioner Turnipseed said okay.  Commissioner Browning added that is what’s in front of us right now.  Commissioner Turnipseed commented that he did not think we have carefully considered that yet, so I don’t see how we can vote on it. Chairman Elliott said I think we can, and then called for a motion.

Commissioner Browning made a motion seconded by Commissioner Harvey to move that the JWSC approve the 7th Operating Agreement Addendum.

Chairman Elliott asked if there was any further discussion. With no further discussion requested, he then called for a vote.

 Motion Carried 4-3-0.  Chairman Elliott, Vice-Chairman Browning, Commissioner Harvey and Commissioner Adams voted for the motion.  Commissioner Turnipseed, Commissioner Stephens and Commissioner Copeland voted against the motion.

  1. Intergovernmental Agreement Amendment – C. Dorminy

(The initial discussion for Approval Item #6 is contained within the discussion on Approval Item #5.)

After the vote on Approval Item #5, Charlie Dorminy then provided that the second motion would be in relation to the 2005 Intergovernmental Agreement.

Chairman Elliott asked for a motion on that.

Commissioner Browning made a motion seconded by Commissioner Adams to move that the JWSC enter into the SPLOST 2005 Intergovernmental Agreement for Sewer Improvements, subject to the County and City approving the 7th Operating Agreement Addendum.

Chairman Elliott asked if there was any discussion.

Commissioner Harvey requested to return to Section 4 and the way it reads a bit difficult in exactly what it is saying.  Commissioner Copeland asked if he was referring to the portion JWSC has carefully considered said growth reduction and change in development patterns, item (b).  Commissioner Harvey noted yes, that he was just a bit concerned about that.  Commissioner Copeland added that he would agree that he has not seen any presentation on what the expected growth patterns are now, or change in the development patterns.  He said he knows what the Master Plan said, and that we have talked all around the Master Plan’s not correct, but I’ve never seen what we expect the new plan to be so that we can actually come up with a reasonable decision on what we should do based on what the new growth forecast is.  He added that this item is stating that we have.  Commissioner Browning said, well we did, we had gone through this, the County has gone through this over the last 2, 3 or 4 years, and that determination had been made, and this is the culmination.  It has taken this long to get this to us.  I know some of you have come on the board since all this work has been done, so that’s where we are.  He added, I mean we are here today to go ahead and take a vote on this.  So I would like to ask you all to understand that a lot of work and a lot of thought has gone into this over the last 3 or 4 years and to continue to support us to keep going in this direction, and get that money where it is much needed which is at Academy Creek Wastewater Treatment Plant.  Commissioner Turnipseed said and I appreciate what the County has done, but this just says that the JWSC, and to my knowledge that JWSC has not done that, but that is one issue.  Chairman Elliott asked so, if we strike the word JWSC from it, and then asked Mr. Dorminy if that is possible.  Mr. Dorminy replied if that is the vote.  Chairman Elliott added the County has determined it.  Mr. Dorminy said the County is still going to have to approve this. Commissioner Browning provided that back when Dale Provenzano was chairman here those discussions and a determination was made at that time.  Chairman Elliott noted that he knew we did not vote on it, which is what these gentlemen are asking for, but it was recognized that growth out there was not going to occur by the JWSC.  Commissioner Turnipseed said well, yes, and we all realize we had a recession in 2008, so that affected a lot of things, so I understand all that, but the JWSC has not decided that that is how we want to go.  Now we have already had the vote on that particular item.  Commissioner Browning provided that this is what is before us today.  Commissioner Stephens said my heartburn is a couple of months ago we talked in here does the north mainland plant even make sense to us to explore, and we all talked about the SPLOST money out there that was kind of allocated for that, and now we are voting without further really discussing… Chairman Elliott added that he did not recall us ever saying that we needed a north mainland plant.  Commissioner Stephens responded saying I didn’t say we said we needed one, I said we discussed it.  There were people in here discussing it, not that we need it, but that we ought to evaluate whether it makes sense to have it.  Chairman Elliott said okay.  Commissioner Stephens added, and we haven’t closed that evaluation.  He noted I am not against this conceptually, I would just like a little time for us to have a conversation to say does it make sense to allocate money here or here.  Chairman Elliott said, well I think that the needs of Academy Creek are greater, and we have other funds to devote towards studies.  Commissioner Stephens said well we are fixing to do a GEFA loan for Academy Creek.  Chairman Elliott commented well, we don’t have to borrow as much.  Commissioner Stephens added that’s what we talked about a month ago.  Commissioner Harvey said excuse me gentlemen, the reason why I brought this up was just because I didn’t like how that wording was made there because it referenced the fact that we, as JWSC decided that along with the County and basically this is something that the County has decided, and that money can be used effectively no matter how we word it, it can be used effectively by JWSC, and that’s one thing that I believe we can do regardless of what we do with our North Mainland Project.  Commissioner Harvey continued, that belongs to us, we will decide as to what we do with that.  I don’t think the County should tell us what we should do with that, what we do with our project. However, they control the SPLOST so they are well within their right to do as they see fit as far as how to direct those funds for whatever they decide for us to do with it. That is just my opinion on that. Commissioner Stephens said, and I don’t know that I agree that Academy Creek is the greatest need, it might be, but until we’ve looked at that, I don’t know that it is.  Chairman Elliott said, I’m sorry but I disagree with you.  You don’t have the capability to know that, we have a staff that tells us that.  Commissioner Stephens said that is the point in looking at it. Chairman Elliott added, okay, that’s where the money is devoted to, towards the north mainland, that’s where it needs to go, we know that.  Those of us who have been on the Commission for more than a year understand that.  Commissioner Stephens said you can get mad if you want to, but I mean it is my opinion that we ought to look at it.

Chairman Elliott said I think we have had enough discussion, I call the vote.  Commissioner Browning said Mr. Chairman we have a motion on the table.  Chairman Elliott said yes, we have a motion and a second.  The vote was then taken.

Motion Carried 4-3-0.  Chairman Elliott, Vice-Chairman Browning, Commissioner Harvey and Commissioner Adams voted for the motion.  Commissioner Turnipseed, Commissioner Stephens and Commissioner Copeland voted against the motion.

  1. Village Area Drainage Project MOU– C. Dorminy

Charlie Dorminy presented the Commission with the recommendation to approve a MOU with Glynn County for reimbursing the County for items related to water and sewer infrastructure within the Pier Village Drainage Project on St. Simons Island.  He provided the background information regarding the purpose of the Project including that this a SPLOST 2016 public project.  Mr. Dorminy advised that Glynn County will pay its selected Contractor directly for expenses and costs related to the JWSC Improvements in the manner set forth in its contract with that Contractor.  JWSC will then reimburse the County for the County’s actual costs and expenses related to the JWSC Improvements within thirty days of the County submitting a request for reimbursement along with supporting documentation to JWSC.  There were some questions and discussion regarding if this was an open ended agreement, or if there was a specified amount to not exceed.

Commissioner Stephens made a motion seconded by Commissioner Copeland to move that the JWSC approve the MOU with Glynn County related to the Pier Village Drainage Improvements subject to revision of Section 2 to include an estimate of $60,000.  Motion carried 7-0-0.

  1. Liquid Oxygen Tank Analysis – A. Burroughs

Andrew Burroughs recalled for the Commission that at the last Commission Meeting on November 15, 2018 the subject of amending the current liquid oxygen supply contract with Matheson to include leasing a second supply tank from them to replace the old JWSC owned tank had been discussed.  At that time, the Commission had requested additional information pertaining to costs of purchasing and maintaining a new JWSC owned tank versus leasing one, in addition to any documentation of the history of maintenance to the existing JWSC owned tank.  Mr. Burroughs advised that there were no maintenance records kept on the old supply tank.  He then provided the process he went through to obtain the requested information and to prepare a thorough cost comparison for the Commissioners to review and make a decision based on.  After Mr. Burroughs explaining the details for the Commission to consider, a motion was made.

Commissioner Browning made a motion seconded by Commissioner Stephens to move that the Brunswick Glynn Joint Water & Sewer Commission modify the existing Matheson Liquid Oxygen Supply and Storage Vessel Lease Agreement to include a second storage vessel for a term of 84 months at the rates listed on the attached Exhibit A.  Motion carried 7-0-0. 

DISCUSSION

  1. LS4003 Engineering RFP – J. Junkin

Mr. Junkin provided an overview of the current status of the RFP for LS4003 Engineering Services.  Price and local consideration were added within the selection criteria, and three on-staff engineers will be on the evaluation team when the proposals are received.  There was some discussion pertaining to the number of points indicated to be awarded for local preference within the RFP, whether or not it is advantageous to have local preference, including language to the RFP that the evaluation will be price based and qualifications based, etc.  An addendum to the RFP will be posted to include details as requested by the Commissioners.

  1. Leadership Institute Discussion – J. Junkin

Mr. Junkin advised the Commission that BB&T has a subsidiary of associates that will come into an organization to research and evaluate the staff’s ability to accept and cooperate with corporate and interpersonal changes.  Mr. Junkin noted that BB&T has offered to make a recommendation.

  1. Social Media Standards of Practice – J. Sellers

Jay Sellers presented a discussion on Social Media Standards of Practice.  He explained that the intent of the new social media policy would be to address, in a specific and relevant sense, how behavior exhibited by the employee while interacting with customers online in a social media realm is to have the same consequences as those that would apply had the interaction taken place in person or by phone.

  1. R&R Capital Projects Update – T. Kline

Todd Kline provided the monthly update on the R&R Capital Projects to the Commission.  He was requested to provide capacity information regarding the Project No. 702 North Mainland Sewer Improvements.  Specifically requested to be presented and documented was the additional capacity gained through Phase 1, additional capacity gained by Phase 2, and the additional capacity gained by Phase 3 of the Project, including the areas served.  This information is expected to be provided with the next R&R Capital Projects Report.  Mr. Kline addressed the various questions from the Commissioners regarding projects.

EXECUTIVE DIRECTOR’S UPDATE

Mr. Junkin reminded the Commissioners about the upcoming Grits & Issues Breakfast and gave a brief overview.  He also provided that a workman’s compensation renewal presentation would be on the agenda for the December 20th Commission Meeting.  This renewal is due on January 1, 2019.  Mr. Junkin reminded the Commission about the upcoming forum on Sea Level Rise Predictions.   He then updated the current status of the repairs on PS2032 gravity lines, as well as on the earlier meetings in the week regarding CDBG Grants.

CHAIRMAN’S UPDATE

There was no further update at this time.

There being no further business, the meeting was adjourned at 4:53 p.m.