MINUTES ORLANDO UTILITIES COMMISSION January 26, :00 P.M.

Transcription

1 1/26/16 1 MINUTES ORLANDO UTILITIES COMMISSION January 26, :00 P.M. Present: COMMISSIONERS: Linda Ferrone, President Gregory D. Lee, First Vice President Dan Kirby, Immediate Past President Buddy Dyer, Mayor Kenneth P. Ksionek, General Manager & Chief Executive Officer Jan Aspuru, Clint Bullock, Maggie Duque, Roseann Harrington, Byron Knibbs and Chip Merriam, Vice Presidents Jerry Sullivan, Vice President & Chief Information Officer John H. Hearn, Vice President & Chief Financial Officer W. Christopher Browder, Vice President & General Counsel Nanci Schwartz, Recording Secretary President Ferrone asked John Hearn to give the invocation, followed by the Pledge of Allegiance to the Flag. The Commission Meeting was called to order at 2:05 P.M. On a motion by Commissioner Kirby, seconded by Mayor Dyer and unanimously carried, the reading of the minutes of the December 8, 2015 Commission Meeting was waived and the minutes were approved. President Ferrone called for the election of officers to serve on the 2016 Commission. Mayor Dyer moved to nominate Linda Ferrone as President. Commissioner Kirby motioned to nominate Gregory D. Lee as First Vice President. Commissioner Lee moved to nominate Dan Kirby as Second Vice President and Immediate Past President. The motions carried unanimously. Mayor Dyer moved to reappoint Ken Ksionek as General Manager & CEO and Secretary of the Commission and the motion carried unanimously.

2 1/26/16 2 Mr. Ksionek also recommended that John Hearn, Chris Browder and Beth Mason be appointed as Assistant Secretaries to the Commission. Mayor Dyer moved that Mr. Ksionek s recommendations be approved and the motion carried unanimously. Mr. Ksionek stated that, without objection, Commissioner Ferrone will serve as Chair of the Audit Committee with the new Commissioner as a member. No objection was offered. Mr. Ksionek stated that without objection, Commissioner Kirby will serve as Chair of the Finance Committee with Commissioner Lee as a member. No objection was offered. Clint Bullock presented a 20-year service award to Rick Taylor, Manager, Construction and Maintenance, Electric and Water Delivery Business Unit. Jan Aspuru presented a 20-year service award to Gerald Connor, Technician, Electric and Water Production Business Unit. Roseann Harrington announced that the OUC Cares campaign raised approximately $187,000, which is the highest ever total amount raised. Ms. Harrington presented awards to OUC s Top 3 PROUD Volunteers of the Year for 2015: Michael Weiner (1,385 hours), Thomas Johnson (976 hours), and Tony Engelmeyer (672 hours). Mr. Ksionek asked Jan Aspuru to provide a presentation regarding the ratification of Affirmative Item A-2 for the Gas Turbine Hot Gas Path and Major Inspection Project. The Board approved the agreement with GE in Milestone work is determined by run times and equivalent unit starts. GE and OUC came to an agreement to pre-pay work on the last two milestones of the agreement, which are Hot Gas Path and Major Inspections. The total amount pre-pay for Item A-2 is approximately $9.9 million, resulting in an approximately $7.3 million discount for this work. Mr. Ksionek asked Jan Aspuru to provide a presentation on Affirmative Item A-9 regarding the Sludge Conditioning Services Alliance Agreement. OUC s alliance agreements last at least five years and are based on demonstrated performance,

3 1/26/16 3 shared risks, value added services, shared capabilities and integration with OUC operations. Mr. Aspuru explained that the management of coal combustion residuals (CCR) is a significant undertaking encompassing several different efforts. OUC has a unique relationship with Headwaters, and the company has been integrated with OUC operations since SEC Unit 1 went commercial. Headwaters has complete responsibility for the CCR process, is a key part in OUC s compliance plans, is the only provider of acceptable lime substitute material, is in charge of marketing of all combustion waste byproducts and is responsible for all O&M, marketing and administrative costs. The estimated annual savings from this alliance agreement is $4.2 million. Commissioner Kirby praised the alliance agreement and saving money for OUC s customers. He inquired if OUC is assuming reduced production of fly ash through the term of the agreement. Mr. Aspuru replied that the production of the fly ash is a function of how much the coal units are operating. Based on fuel forecasts, the tonnage of fly ash produced will not be as great. Commissioner Kirby asked if there is a chance that the alliance agreement would stop being beneficial to Headwaters. Ms. Aspuru explained that OUC will produce a minimum of 60,000 tons of fly ash with the expected quality. President Ferrone asked if OUC is comfortable in Headwaters methods of storing fly ash. Mr. Aspuru replied affirmatively, and reiterated that Headwaters is a key part of OUC s compliance plan. Mr. Ksionek asked Chris Browder to provide a presentation on Affirmative Item A-17 regarding the Pension Plan Updates. Mr. Browder explained that four documents related to OUC s pension and savings plans are undergoing administrative revisions. The Hybrid Retirement Program and Pension Plans are being amended in order to recognize that various funds can be co-mingled for investment and funding calculations. In addition, the two plans have been updated to recognize legislative changes. The Retirement Savings Plan has also been revised to reflect legislative changes and language clean-up. Revisions have been made to the Trust Agreement to recognize that procedures under the three pension plans will govern how the Trust is operated. Commissioner Kirby inquired about how retirees can appeal decisions made by the Pension Trust. Mr. Romero stated that retirement benefits are protected by the plan documents. Should retirees have a disagreement over a benefit, the Trustees will act as an appeal board. Commissioner Kirby expressed concern about the use of the word bid in Affirmative Item A-13 and asked to confirm that OUC is compliant with its procurement processes as well as the CCNA process. Mr. Browder confirmed

4 1/26/16 4 that OUC is in compliance and stated the word bid can be removed from the agenda item. Commissioner Kirby moved to reword Affirmative Item A-13 to remove bid from the description of the procurement process and Commissioner Ferrone seconded. The first sentence of the second paragraph was reworded to read: In accordance with the CCNA Master Agreement guidelines, specific projects with a total budget greater than $20,000,000 default to the statutory CCNA process for engineering services. President Ferrone presented the Affirmative Items for approval. On a motion by Commissioner Lee and seconded by Commissioner Kirby, the Affirmative Items were approved as follows: 1. Ratification of the fuel procurements to the low bidders in October 2015 in the aggregate amount $8,170, as follows: NATURAL GAS PURCHASES: Oct 2015 BP Energy $ 715, Oct 2015 EDF Trading (Formerly Eagle Energy) $ 805, Oct 2015 ENI USA Gas Marketing $ 609, Oct 2015 Macquarie Cook Energy, LLC $ 856, Oct 2015 Occidental Energy Marketing $ 674, Oct 2015 Sequent Energy Management $ 133, Oct 2015 Shell Energy $ 305, Oct 2015 Tenaska Marketing Ventures $2,876, Oct 2015 Texla Energy Management, Inc. $1,193, Ratification of a Capital Expenditure Estimate for the Stanton Energy Center Combined Cycle Unit B Gas Turbine Hot Gas Path and Major Inspections Project currently scheduled for Fiscal Years 2021 and 2024 in the amount of $9,900,000. Ratification of a Disbursement of Funds to General Electric International, Inc. in the amount of $9,900,000 for the planned maintenance currently scheduled for Fiscal Years 2021 and 2024, which includes Combustion, Hot Gas Path and Major Inspections to be performed based on an agreed upon schedule over the 14-year term consistent with the terms set forth in the Contractual Service Agreement; 3. Approval of a Capital Expenditure Estimate for the Stanton Energy Center Unit 1 Chimney Target Wall Replacement Project in the amount of $1,250,000. Approval of a sole source Purchase Order to Pullman Power, LLC to provide labor, material and equipment to perform the Stanton Energy Center Unit 1 chimney upgrades in the amount of $1,100,000, pending final contract negotiations and OUC legal review;

5 1/26/ Approval of a Capital Expenditure Estimate for the Indian River Plant Combustion Turbine A Combustion Inspection Project in the amount of $557, Approval of a single source Purchase Order to General Electric International Inc. to perform the combustion inspection in the amount of $557,825.22; 5. Approval of a single source Purchase Order to Structural Preservation Systems, LLC to provide condition assessment services of the Stanton Energy Center Unit 1 hyperbolic cooling tower in the amount of $133,000; 6. Approval of a sole source Purchase Order to SPX Cooling Technologies, Inc. to provide parts and material for replacement of the Stanton Energy Center Unit 1 cooling tower spray arm adapters in the amount of $200,000; 7. Approval of RFP # Contract award to Arbor-Crowley, Inc. d/b/a AZZ SMS, LLC, the lowest, most responsive and responsible vendor, to perform the Stanton Energy Center Units 1 & 2 and Combined Cycle Unit B steam generator inspection and repair services in the amount of $2,090,100, pending final contract negotiations and OUC legal review; 8. Approval of a Capital Expenditure Estimate for the Vistana Resort Capital Project to install the OUCooling chilled water distribution pipeline extension in the amount of $460,000. Approval of a Purchase Order to Westbrook Service Corporation for installation of the chilled water distribution pipeline extension for the Vistana Resort in the amount of $407,986; 9. Approval of a Sludge Conditioning Services Alliance Agreement with Headwaters Resources, Inc. to provide operations, maintenance and combustion byproduct marketing services for the sludge conditioning facility at Stanton Energy Center, pending final negotiations and OUC legal review. Approval of a sole source Purchase Order to Headwaters Resources, Inc. for the purchase of stabilization additives and miscellaneous services for a five-year time period in the amount of $5,500,000; 10. Approval of the Electric Distribution Construction Estimate for the underground electric distribution system to serve Volcano Bay Water Park at Universal Orlando Resort in the amount of $2,270,186.39, with customer contributions in the amount of $541,120; 11. Approval of Lighting Construction Estimates for the East and West Phase of the Florida Department of Transportation s State Road 15 Hoffner Avenue Improvement Project from Commander Drive to Conway Road in the aggregate amount of $812,404.98, which includes $597, for lighting and distribution equipment from OUC s stock

6 1/26/16 6 inventory and $215, to Terry s Electric, Inc., OUC s lighting contractor, for the installation of the fixtures and wires, with customer contributions in the amount of $812,404.98; 12. Approval of Change Request No. 1 to the Water Distribution Capital Expenditure Estimate in the amount of $1,835,092 for engineering, administration, inspection and construction support necessary to complete the Colonial Drive and Garland Avenue Water Mains Replacement Project, increasing the total project cost to $1,947,495. Approval of an OUC initiated scope change and conforming Change Order No. 1 to SGL Constructors in the amount of $1,516,605 to provide final engineering and construction services, increasing the total Purchase Order amount to $1,611,062; 13. Approval of SOQ # Contract award to Power Engineers, Inc., the most responsive and responsible vendor, for transmission line routing and feasibility engineering services to determine full scope of the Downtown 230kV Transmission Line Project, Pershing to Weber Phase 1 of 3 in the amount of $350,000; 14. Approval of Change Request No. 1 to the Transmission Capital Expenditure Estimate in the amount of $11,775,000 for engineering, procurement and construction support necessary to complete the Pershing to Stanton 230kV Transmission Lines Upgrade Project, increasing the total project cost to $12,000,000. Approval of an OUC initiated scope change and conforming Change Order No. 1 to Leidos Engineering, LLC in the amount of $1,970,000 to provide design engineering, surveying, soil boring, permitting and construction management services, increasing the total Purchase Order amount to $2,120,000; 15. Approval of a Purchase Order to Alan Jay Fleet Sales for the purchase of six compact trucks in the amount of $139,467.70; 16. Approval of an OUC initiated scope change with conforming Change Order No. 2 to SimplexGrinnell LP in the amount of $120,000 to continue providing inspection and maintenance services of sprinkler and spray fire suppression systems through January 31, 2017, increasing the total Purchase Order amount to $456,465; 17. Adoption of the updates and authorization for the General Manager & CEO to execute the restated Trust Agreement for the Group Pension Plans for the Employees of the Orlando Utilities Commission, the Orlando Utilities Commission Pension Plan, the OUC Hybrid Retirement Program and the OUC Retirement Savings Plan documents;

7 1/26/ Authorization for the General Manager & CEO to execute the Release of Easement for PBP for the existing easements located east of Lake Baldwin Lane and south of Meeting Place; 19. Authorization for the General Manager & CEO to execute the Release of Easement for EHRG for the existing easement located west of Zuni Road and north of Jack Brack Road in St. Cloud; 20. Approval of an OUC initiated scope change and conforming Change Order No. 1 to InsightSoftware.com, Inc. in the amount of $69,850 for budget software services required for the Budget Preparation Process Improvement Project and annual maintenance and support through September 29, 2016, increasing the total Purchase Order amount to $169,389.50; 21. Approval of a single source Purchase Order to Konica Minolta to lease 83 multi-function device copy/fax machines and provide associated maintenance and support through January 31, 2021 in the amount of $989,067; 22. Approval of a Purchase Order to NTT Data, Inc. to provide web development services required for the Customer Care & Billing Project in the amount of $172,800; and 23. Approval of an OUC initiated scope change and conforming Change Order No. 2 to Oracle America, Inc. in the amount of $458,313 for DataRaker AMI Smart Grid Analytics software, web services, implementation and support for the period of February 27, 2016 through February 26, 2017, increasing the total Purchase Order amount to $1,313,133. President Ferrone asked if there were any comments for New Business Item 1 regarding the Commissioner nomination. The City of Orlando Nominating Board submitted three candidates for consideration of the position previously held by Maylen Dominguez, who resigned effective August 11, Commissioner Kirby expressed appreciation to the City of Orlando s Nominating Board for submitting three excellent candidates. President Ferrone moved to enable Cesar Calvet, an OUC customer and qualified elector, to succeed Maylen Dominguez as a Commission member, as is allowed by the Charter of the Commission, and that his name be submitted for consideration as the Commission s nomination to the Orlando City Council for confirmation to serve a term of four years, effective January 26, Mayor Dyer seconded the motion and it was approved on a vote of 4-0.

8 1/26/16 8 Mayor Dyer inquired about the expiration date of Commissioner Calvet s second term and whether or not he would be able to receive benefits if he served less than eight full years. A discussion ensued about the start and end dates of previous Commissioner terms. Mr. Browder and Mr. Romero confirmed that Commissioner Calvet would receive benefits regardless of when his second term is scheduled to expire. Mr. Romero added that the benefits plan was amended after the previous Commissioner nomination. Therefore the plan recognizes the terms may be slightly less because of the day of the appointment. Commissioner Lee reported that the Audit Committee conducted its regular meeting on December 17, The Audit Committee reviewed OUC s 2016 Annual Risk Assessment and approved the 2016 Internal Audit Plan. The Committee also reviewed Internal Audit activities, including an overview of four recently completed reports. The results of the September 30, 2015 financial statement audit were presented with Ernst & Young s unmodified audit opinion. The ten-year financial and statistical report was also presented. Income before contributions for the year ended September 30, 2015 was $96.8 million and total assets were $3.6 billion. In addition, Ernst & Young presented reports regarding internal controls and management letter comments, each with no findings. Ernst & Young also presented a summary of their audit procedures including the manner in which risks were addressed. John Hearn stated operating revenues excluding fuel are approximately $6.2 million ahead of budget. Both retail and wholesale revenues are also ahead of budget, due to both warm weather and continued growth in the community. Operating expenses are under budget for the beginning of the year. Net income is approximately $9 million over budget for the first quarter of the year. Mr. Ksionek asked Chip Merriam to provide a presentation regarding OUC s water testing procedures and guidelines. He stressed the importance of maintaining high water quality and conveying this information to the public. Mr. Merriam showed a list of 135 system monitoring tests performed on OUC s water supply on a regular basis. Mr. Merriam discussed the Safe Drinking Water Act, which is the principal federal law intended to ensure safe drinking water for the public. Every five years the Act is updated with new rules and up to 30 new constituents. One of the requirements of the Act is a confidence report explaining how OUC is complying

9 1/26/16 9 with federal regulations. OUC distributes this report every year explaining its testing procedures and inviting customers to address questions. Mr. Merriam explained how OUC introduces new water sources to the system in order to ensure continued water quality and prevent cross-contamination. Mayor Dyer stressed the importance of educating the general public of OUC s water testing guidelines. President Ferrone concurred with Mayor Dyer, and advised that she is working on an op-ed for the Orlando Sentinel. She thanked Mr. Merriam for the briefing. Mr. Ksionek distributed the 2015 Annual Report to the Commissioners. thanked Jenise Osani for her work in creating the report. He President Ferrone thanked Mr. Ksionek as well as Ms. Osani for the report. Commissioner Lee congratulated the Service Award recipients. He thanked Ms. Harrington for her presentation on the PROUD Volunteer winners and is glad OUC celebrates such contributions. He thanked Mr. Merriam for his presentation. He expressed appreciation for serving on the Audit Committee and looks forward to serving on the Finance Committee. Commissioner Kirby stressed the importance of high standards for water quality to the Community, and thanked OUC staff for working to ensure the community and customers that these standards continue to be met. Mayor Dyer recently attended the US Conference of Mayors meeting in Washington, D.C., and was struck by how Orlando s successes in areas such as sustainability are a result of OUC s willingness to partner and collaborate on these issues. President Ferrone thanked Mayor Dyer for his leadership on these partnerships. She commended everyone in the organization for their work on OUC Cares campaign. She recognized the creativity of the leadership staff and how OUC maintains relationships with its partners. She thanked the Board for the opportunity to serve as President for another term.

10 1/26/16 10 President Ferrone adjourned the meeting at 3:18 P.M. President Secretary