Facilities Committee

CITY OF CHARLESTON West Virginia Council Member – AT LARGE Jennifer Pharr Facilities Committee, Chair 3 Lambert Place Unit #3 Urban Renewal Committee Charleston, WV 25314 Telephone: 304‐615‐7574 jennifer.pharr@cityofcharleston.org TO: Facilities Committee FROM: Jennifer Pharr, Chair RE: Committee Meeting THIS MEETING WILL TAKE PLACE AND CAN BE ATTENDED IN PERSON AND CAN BE VIEWED LIVE VIA ZOOM (audio only) AV Room #308, City Hall Charleston, WV There will be a Committee meeting of the Facilities Committee on August 16, 2021 – 5:00 PM *Join via internet: https://us02web.zoom.us/j/86550479251?pwd=ZHI4Q1RGclMwYk0vcm4zK3MxNnNOQT09 Passcode: 579078 *Join via Telephone: (312) 626‐6799 or (929) 436‐2866 Webinar ID: 865 5047 9251 The agenda will be as follows: APPROVAL OF PREVIOUS MINUTES 1. 4‐1‐2021 BILLS 1. Bill No. 7916 Committee Substitute ‐ A BILL to amend the Municipal Code by adding a new Article relating to energy benchmarking; declaring purpose; defining terms; requiring benchmarking of covered municipal properties; detailing benchmarking reporting procedure; declaring certain benchmarking exemptions and time extensions; implementing audit of meters and streetlights; establishing energy savings program; requiring annual reports and analysis; and authorizing rulemaking. DISCUSSION City Council | 501 Virginia Street, East | Post Office Box 2749 | Charleston, West Virginia 25330 www.charlestonwv.gov | 304.348.8179 | 304.348.8038 fax Page | 1 of  1. Municipal Auditorium ‐ Patrick Leahy ADJOURNMENT JP/ns City Council | 501 Virginia Street, East | Post Office Box 2749 | Charleston, West Virginia 25330 www.charlestonwv.gov | 304.348.8179 | 304.348.8038 fax Page | 2 of  MINUTES FACILITIES COMMITTEE MEETING 5:30 P. M., APRIL 1, 2021 *IN RESPONSE TO THE COVID-19 PANDEMIC, THE MEETING OF THE ORDINANCE AND RULES COMMITTEE WAS CONDUCTED ELECTRONICALLY. THE MEETING WAS MADE AVAILABLE TO THE PUBLIC AS A LIVE STREAM VIA ZOOM (PER THE AGENDA). Jennifer Pharr, Chairperson, called the meeting of the Charleston City Council Committee on Facilities to order at 5:30p.m., APRIL 1, 2021 over Zoom. Committee Members Present: Jennifer Pharr, Chair Naomi Bays Brady Campbell Sam Minardi Chad Robinson Shannon Snodgrass Committee Members Absent: Courtney Persinger 1. Approval of Previous Minutes – Councilmember Bays moved to approve the minutes of the previous meeting on 2-23-2021. Councilmember Minardi seconded. There was no objection and the minutes were approved. April 1, 2021 Page | 3 of  2. Update on 601 Morris Street Building – City Manager, Jonathan Storage, added that the Neighborhood Assistance Officer Program recently moved from Roosevelt to 601 Morris Street, in part to keep an eye on the building. Assistant to the City Manager, Miranda Dillon, has also been keeping in touch with the General Services Department to ensure that issues are being addressed in a timely manner. Storage added that he had a very productive conversation with Jamie Dickenson, and she confirmed that many of her concerns have been addressed. He also added that there is a new custodian in the building, Cindy Moss, who has received glowing reviews. The Administration has also received interest in a company who would potentially rent out the entire 4th floor. Councilmember Campbell asked if the NAO Program would be located there indefinitely. Storage replied that 601 Morris is meant to be their home for the foreseeable future. Randy Morgan added that several of the buildings’ tenant have paid him a visit and were very appreciative of the changes that had been made. He added that he had not seen anything out of the ordinary of the past week and a half. Councilmember Snodgrass thanked Storage for quickly working to fix these issues, and suggested someone from the Administration continue to check in with the owners (particularly Jamie Dickenson). Storage agreed, adding that is the intention. Additionally, the General Services Department is to conduct a full walkthrough of the entire building every morning. Councilmember Campbell thanked the Mayor and the Administration for their work on the building. 3. Update with the New Management Staff at the Convention Center - Patrick Leahy, from the Coliseum and Convention Center, stated that they have been working to slowly get the facilities back and opened. They have been hosting Covid vaccination clinics. They recently hosted the motor-cross events, using the socially distanced seating pods. Next is the basketball tournament, which is a large-scale event. They are hoping to announce further large-scale events for Summer. Councilmember Bays asked how socially dissenting will work with concerts that were rescheduled from last year. Leahy replied that the nationally touring concerts will continue to be rescheduled to a time frame that they believe will allow for 100% capacity. For other events that apply, they are in the process of relocating seats into the existing pod infrastructure. Councilmember Campbell added that he heard of other countries doing a “vaccine passports.” Leahy replied that they had not had any conversations about that, but the Convention Center’s protocols do call for mandatory temperature testing, as well as April 1, 2021 Page | 4 of thermal cameras in the future. Councilmember Campbell asked what the current capacity was. Leahy replied that it was time dependent as it related to ordering tickets. For example, the basketball event will have around 4,900-person capacity, which is at 39% capacity. The upcoming 304 basketball event will be at around 7,000 (48%). Councilmember Bays motioned to adjourn the meeting. Councilmember Snodgrass seconded. Meeting adjourned. April 1, 2021 Page | 5 of  Bill No. 7916 Committee Substitute Introduced in Council: Adopted by Council: July 6, 2021 Introduced by: Referred to: Jennifer Pharr and John Kennedy Bailey Facilities and Environment & Recycling Committees 1 Bill No. 7916 Committee Substitute - A BILL to amend the Municipal Code of the City 2 of Charleston, as amended, by adding thereto a new Article, designated Article IX within 3 Chapter 2, consisting of Sections 2-751, 2-752, 2-753, 2-754, 2-755, 2-756, 2-757, 2- 4 758, 2-759, and 2-760, relating to energy benchmarking; declaring purpose; defining 5 terms; requiring benchmarking of covered municipal properties; detailing benchmarking 6 reporting procedure; declaring certain benchmarking exemptions and time extensions; 7 implementing audit of meters and streetlights; establishing energy savings program; 8 requiring annual reports and analysis; and authorizing rulemaking. 9 10 Now, therefore, be it ordained by the Council of the City of Charleston: 11 12 That the Municipal Code of the City of Charleston, as amended, be amended by adding 13 thereto a new Article, designated Article IX within Chapter 2, consisting of Sections 2- 14 751, 2-752, 2-753, 2-754, 2-755, 2-756, 2-757, 2-758, 2-759, and 2-760, all to read as 15 follows: 16 17 Chapter 2. – Administration. 18 ARTICLE IX. – ENERGY BENCHMARKING. 19 20 Sec. 2-751. – Purpose of Energy Benchmarking Ordinance. 21 22 The Purpose of this Article and energy benchmarking is to encourage efficient 23 use of municipal energy paid by taxpayers and to reduce municipal pollution. This 24 Article requires Covered Municipal Properties to annually measure and disclose energy 25 usage to the City Manager. Furthermore, this Ordinance will authorize the City Manager 26 to collect energy usage data to enable more effective energy and climate protection 27 planning by the City and others and to provide information to the real estate 28 marketplace to enable its members to make decisions that foster better energy 29 performance. 30 31 Sec. 2-752. – Definitions. 32 33 For the purposes of this section, the following definitions shall apply: 34 35 “Benchmark” means to input and submit the total energy and water consumed Page | 6 of 36 for a property for the previous calendar year and other descriptive information for such 37 property as required by the benchmarking tool. Total energy and water consumption 38 shall not include separately metered uses that are not integral to building operations, as 39 determined by the City Manager. 40 41 “Benchmarking date” means on or before October 31 of each year a date to be 42 determined by the City Manager with the cooperation of the Chair of the Facilities 43 Committee. 44 45 “Benchmarking submission” means a subset of: 46 (1) Information input into the benchmarking tool; and 47 (2) Benchmarking information generated by the benchmarking tool, as 48 determined by the City Manager. 49 50 “Benchmarking tool” means the U.S. Environmental Protection Agency’s 51 ENERGY STAR® Portfolio Manager, or any additional or alternative tool adopted by the 52 City Manager, used to track and assess the energy and water use of certain properties 53 relative to similar properties. 54 55 “Building operator” means the department or agency head that operates, 56 maintains, and/or pays energy utility bills. 57 58 “City Manager” means the City Manager of the City of Charleston or, at the City 59 Manager’s sole discretion, a designee for the specific purpose of carrying out the 60 requirements of this Article. 61 62 “Covered Municipal Property” means a property that is owned, leased, or 63 managed by the City such that the City regularly pays all or part of the annual energy 64 and/or water bills. 65 66 “Energy” means electricity, natural gas, steam, or other product sold by a utility to 67 a customer of a property, or renewable on-site electricity generation, for purposes of 68 providing heating, cooling, lighting, water heating, or for powering or fueling other end- 69 uses as recorded in the benchmarking tool. 70 71 “ENERGY STAR score” means the 1-100 numeric rating generated by the 72 ENERGY STAR Portfolio Manager tool as a measurement of a building’s energy 73 efficiency. 74 75 “ENERGY STAR Portfolio Manager” means the tool developed and maintained 76 by the U.S. Environmental Protection Agency to track and assess the relative energy 77 performance of buildings. 78 79 “Gross floor area” means the total property area, measured between the outside 80 surface of the exterior walls of the building(s). This includes all areas inside the 81 building(s) including but not limited to lobbies, tenant areas, common areas, meeting Page | 7 of  82 rooms, break rooms, atriums (count the base level only), restrooms, elevator shafts, 83 stairwells, mechanical equipment areas, basements, and storage rooms. 84 85 “Retrocommissioning practices” means processes that seek to improve how 86 building equipment and systems function together. Such practices are designed also to 87 resolve problems that occurred during design, construction, or that have developed 88 throughout the building's life; improving a building's operations and maintenance 89 procedures to enhance overall building performance. 90 91 “Shared benchmarking information” means information generated by the 92 benchmarking tool and descriptive information about the physical property and its 93 operational characteristics, which is shared with the public. The information, as defined 94 by the ENERGY STAR Portfolio Manager glossary, shall include, but need not be 95 limited to: 96 (1) Descriptive information: 97 (A) Property address; 98 (B) Primary use; 99 (C) Gross floor area; 100 (D) Number of floors; 101 (E) Number of years the property has been ENERGY STAR® Certified 102 and the last approval date, if applicable; and 103 (F) Individual or entity responsible for the benchmarking submission. 104 (2) Site and source energy use intensity: 105 (A) Weather normalized site and source energy use intensity; 106 (B) The ENERGY STAR score, where available; 107 (C) Total annual greenhouse gas emissions; 108 (D) Monthly energy use, by fuel type; 109 (E) Monthly peak electricity demand; 110 (F) Indoor water use and water use intensity (consumption per gross 111 square foot); 112 (G) Outdoor water use (where available); 113 (H) Total water use; 114 (I) The ENERGY STAR Water Score, where available; 115 (J) General comments section, if needed, to explain the building’s 116 ENERGY STAR scores; and 117 (K) Compliance or noncompliance status. 118 119 “Utility” means an entity that distributes and/or sells natural gas, electric, water, 120 or thermal energy services for buildings. 121 122 “Water audit” means that part of an audit that addresses the water systems. 123 124 Sec. 2-753. – Applicability. 125 126 This Article is applicable to all Covered Municipal Properties. All owners of other 127 properties within the City of Charleston are encouraged, but not required, to follow the Page | 8 of 128 benchmarking portions of this Article. 129 130 Sec. 2-754. – Benchmarking Requirement for Covered Municipal Properties. 131 132 No later than October 31, 2021, a date to be determined by the City Manager 133 with the cooperation of the Chair of the Facilities Committee and by October 31 a date 134 to be determined by the City Manager with the cooperation of the Chair of the Facilities 135 Committee every year thereafter, the total energy and water consumed by each 136 Covered Municipal Property, along with all other descriptive information required by the 137 Benchmarking Tool, shall be entered into the Benchmarking Tool for the previous fiscal 138 year. 139 140 Sec. 2-755. – Benchmarking Reporting Procedure. 141 142 (a) For every Covered Municipal Property subject to this Article, the building 143 operator shall annually submit to the City Manager an energy and water benchmarking 144 report in an electronic format as established by the City Manager, by the benchmarking 145 date. 146 147 (b) The information included in the annual energy and water benchmarking 148 report shall include, at a minimum, the Shared Benchmarking Information for the 149 previous calendar year. 150 151 (c) The building operator of each Covered Municipal Property shall provide to the 152 City Manager all data necessary for the City Manager to: 153 (1) Enter it into the benchmarking tool and 154 (2) Create an energy and water benchmarking report based on an 155 assessment of the aggregated total energy and water consumed by the whole property 156 for the entire calendar year being reported. 157 158 (d) Before submitting a benchmarking report the building operator shall run all 159 automated data quality checker functions available within the benchmarking tool and 160 shall verify that all data has been accurately entered into the tool. In order for the 161 benchmarking report to be considered in compliance with this Article, the building 162 operator shall correct all missing or incorrect information as identified by the data quality 163 checker prior to submitting the benchmarking report to the City Manager. 164 165 (e) In order to plan for potential solar panel installation, the building operator 166 shall include information regarding whether any of the building operator’s Covered 167 Municipal Properties are, or will soon be, in need of replacing or repairing its roof. The 168 building operator shall also describe any evaluation regarding the suitability for solar 169 panels on the building that has been conducted on any Covered Municipal Properties. 170 171 (f) Where the current building operator learns that any information reported as 172 part of the benchmarking submission is inaccurate or incomplete, the building operator 173 shall amend the information reported within the benchmarking tool and shall provide the Page | 9 of 174 City Manager with an updated benchmarking submission within 30 days of learning of 175 the inaccuracy. 176 177 Sec. 2-756. – Benchmarking Exemptions; Time Extensions. 178 179 (a) Benchmarking is not required for a Covered Municipal Property for the 180 current reporting year if the building operator submits documentation to the City 181 Manager, in such form and with such certifications as required by the City Manager, 182 establishing that the property met one or more of the following conditions for the 183 calendar year to be benchmarked: 184 (1) A demolition permit for the entire building was issued during that year, 185 provided that demolition work commenced and legal occupancy was no longer possible 186 prior to end of that year; 187 (2) The property did not receive energy or water utility services during that 188 year; or 189 (3) Due to special circumstances unique to the property, strict compliance 190 with provisions of this Article would not be in the public interest. 191 192 (b) Any building operator requesting an exemption from benchmarking shall, by 193 June 1 in the year for which the exemption is being requested, submit to the City 194 Manager any documentation reasonably necessary to substantiate the request or 195 otherwise assist the City Manager in the exemption determination. Any exemption 196 granted will be limited to the benchmarking submission for which the request was made 197 and does not extend to past or future submittals. Any requested exemptions, whether 198 approved or denied, shall be included in the annual report described in Section 7-759 of 199 this Article, as well as the reasons for the exemption being approved or denied. 200 201 (c) Any building operator may apply for a time extension to complete and submit 202 a benchmarking report if, despite such building operator’s good faith efforts, they are 203 unable to complete the required actions prior to the scheduled due date due to the 204 failure of either a utility provider or a tenant (or both) to provide the building operator 205 with information needed to complete this report. The building operator requesting an 206 extension shall submit to the City Manager any documentation reasonably necessary to 207 substantiate the request or otherwise assist the City Manager in the determination. For 208 each property, the City Manager may grant no more than two such extensions per year 209 of no more than thirty days each. 210 211 Sec. 2-757. – Audit of Meters and Streetlights. 212 213 In addition to the other requirements of this Article, the City Manager shall 214 develop and administer a program for auditing the streetlights and energy metering 215 devices for both electricity and natural gas currently installed at all city buildings or 216 otherwise paid by the city, for purposes of determining whether such devices are active 217 or inactive. Such a program shall be designed to audit all energy metering devices by 218 July 1, 2022 and all streetlights by July 1, 2023. In the event the City Manager 219 determines during such an audit that an energy metering device is no longer active, the Page | 10 of 220 City Manager shall notify the energy service provider to request removal of such device 221 and adjustment of utility bills to remove any inappropriate charges associated with such 222 meter. 223 224 Sec. 2-758. – Energy Savings Program. 225 226 (a) By July 1, 2022, the City Manager shall establish an energy savings program 227 designed to reduce energy usage for electricity, natural gas, fuel oil, and steam in all 228 Covered Municipal Properties by 25% below FY2019 levels by FY2031, as well as 229 otherwise reducing energy costs. 230 231 (b) Any program established pursuant to this section shall include: 232 (1) At least one interim savings goal for a percentage savings to be 233 achieved by the fiscal year 2025-2026; 234 (2) A plan for prioritizing which Covered Municipal Properties should be 235 first audited and identified for efficiency improvements; 236 (3) A plan for implementing retrocommissioning practices, ensuring that 237 buildings are operated in a manner that maximizes the energy saving potential of any 238 efficiency improvements made; and 239 (4) A framework for evaluating when a Covered Municipal Property is 240 suitable for installing solar panels in order to reduce energy costs. 241 242 Sec. 2-759. – Annual Report and Analysis. 243 244 (a) Beginning no later than December 1, 2022 and every year thereafter, the City 245 Manager shall make available on a publicly accessible website an annual report 246 covering the previous fiscal year, including: 247 (1) The measured energy use of all Covered Municipal Properties; 248 (2) A summary of energy and water consumption statistics; 249 (3) An assessment of compliance rates, accuracy and issues affecting 250 accuracy, changes across the portfolio over time; 251 (4) Any energy savings measures taken pursuant to the program 252 established in Section I of this Article; 253 (5) An evaluation of solar for all Covered Municipal Properties, including 254 any buildings that have been identified as needing roof repairs in the next five years; 255 and 256 (6) Trends observed. 257 258 (b) If the circumstances of the solar viability of any Covered Municipal Properties 259 has not changed since a previous evaluation, the City Manager does not need to make 260 a new evaluation. 261 262 (c) By August 1, 2026, the City Manager shall review the progress toward the 263 FY2026 interim goal established pursuant to Section 2-758 of this Article. If the FY2026 264 goal has not been met, the City Manager shall make recommendations to the City 265 Council as to whether amendments to this section or other measures are necessary to Page | 11 of 266 meet the goal of 25% reduction by FY2031. 267 268 (d) Nothing in this ordinance shall prevent the City Manager from including all 269 such information in a combined annual energy and water efficiency report covering the 270 progress of all of the City’s energy efficiency ordinances and programs. 271 272 Sec. 2-760. – Rulemaking. 273 274 In addition to all of the authority granted in this Article, the City Manager has 275 plenary power and authority to promulgate any such rules necessary to carry out the 276 provisions of this Article. Page | 12 of