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HomeMy WebLinkAboutRegular Minutes - 10/4/2022 Reviewed for Redaction MINUTES CLAY COUNTY UTILITY AUTHORITY October 4, 2022 The Board of Supervisors of the Clay County Utility Authority (CCUA) met in Regular Session in the Board meeting room at the Administrative Office of the Clay County Utility Authority, 3176 Old Jennings Road, Middleburg, Florida, on the above-stated date. Item No. 1 —Call to Order Chairman Davis called the meeting to order at 2:00 P.M. Item No. 2—Invocation/Pledge of Allegiance Chairman Davis offered the Invocation and led those in attendance in the Pledge of Allegiance. Item No. 3—Roll Call Roll Call was taken with Chairman Davis, Vice-Chairman Roark, Mr. Gardella, Mr. Hodges, and Mr. Starnieri in attendance. Also present at the meeting were Executive Director Jeremy Johnston, Assistant Chief Financial Officer Karen Osborne, Chief Engineer Paul Steinbrecher, Procurement Manager Angelia Wilson, Service Availability Manager Melisa Blaney, Compliance Manager Heather Webber, Public & Governmental Affairs Liaison Dennis Ragosta, Administrative Assistant Operations Alicia Baker, Administrative Assistant Engineering Lori Stewart and Grady H. Williams, Jr., legal counsel to the CCUA. Item No. 4—Election of Chairman and Vice-Chairman Chairman Davis opened the floor for nominations for Chairman. Mr. Hodges nominated Mr. Davis to continue to serve as Chairman for the 2022/2023 Fiscal Year. There were no other nominations received for Chairman. After discussion, Mr. Gardella seconded, and the motion carried 5-0, to elect Mr. Davis to continue to serve as Chairman. The floor was then opened for nominations for Vice-Chairman. Mr. Starnieri nominated Mr. Roark to continue to serve as Vice-Chairman for the upcoming fiscal year. There were no other nominations received for Vice-Chairman. After discussion, Mr. Hodges seconded and the motion carried 5-0, to elect Mr. Roark to continue to serve as Vice-Chairman for the 2022/2023 Fiscal Year. Item No. 5 —Approval of Minutes a. Board of Supervisors Regular Meeting, September 20, 2022 After discussion, Mr. Hodges moved, seconded by Mr. Gardella, and carried 5-0, to approve the minutes of the Regular Meeting held on September 20, 2022. Item No. 6—Approval of Consent Agenda Item No. 6(b)2(a) Supplemental Agreement No. 4 with Brooks Building Solutions, Inc. was pulled for discussion. Mr. Gardella moved, seconded by Mr. Starnieri, and carried 5-0, to approve the remaining Financial and Operational Activities and Developer Agreements, Warranty Deeds & Easements as follows; October 4, 2022 1 As requested, Chief Engineer Paul Steinbrecher provided additional information on the Supplemental Agreement. After discussion on Item No. 6b2(a), Mr. Hodges moved, seconded by Mr. Starnieri, and carried 5-0, to approve the item as presented. a. Approval of Financial and Operational Activities 1) Approval of Payment of Warrants Warrants totaling $1,317,585.65 a. Schedule of payments to Sole Sources b. Schedule of Emergency Repairs/Purchases -None c. Schedule of items initiated under Emergency Contract-None d. Schedule of payments from the Emergency Account e. Schedule of claims paid under the Sewage Backup Response Policy -None f. Detailed Descriptive Warrant Report 2) Request for Asset Disposal Authorization—None 3) Sole Source Designation—None b. Approval of Capital Budget Activities 1) Requests for Award of Procurement Contracts and/or Ratification of Procurement/Construction Contracts or Contract Renewals—None 2) Approval of Supplemental Agreements and Change Orders a. Supplemental Agreement No. 4 with Brooks Building Solutions, Inc. to Continuing Services Agreement RFQU 20/21-A17 Electrical Troubleshooting, Repair and Installation for the Prepurchase of Electrical Equipment for the Governor's Park Lift Station, Governor's Park Reclaimed Water Facility, and Peters Creek Water Reclamation Facility c. Approval of Financing Requests—None d. Approval of Contract Usage -None e. Approval of Developer Agreements, Warranty Deeds & Easements 1) Developer Agreement KH21/22-16—Water Service to 6535 Connie De Street (Bryan and Sandra Northway) — 1 ERC water, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC debt service - $4,840.71 2) Developer Agreement KH21/22-17 — Water Service to 7468 Donald Street (Bryan and Sandra Northway)— 1 ERC water, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC debt service - $4,840.71 3) Developer Agreement KU21/22-107 —Wastewater Service to 6021 West Shores Road (S. David Allen as Trustee of the S. David Allen Revocable Trust) — 1 ERC wastewater, 1 ERC environmental impact, 1 ERC debt service - $10,054.45 4) Developer Agreement MU21/22-27 — Water Service to 517 Lake Asbury Drive (Michael & Paula Kidonakis) — 1 ERC water, 1 ERC's AWS, 1 ERC SJRWMD, 1 ERC debt service - $5,496.54 5) Developer Agreement MU21/22-28 — Bella Lago, Phase 1 — Infrastructure Only (Mattamy Jacksonville, LLC) - $12,996.77 6) Easement No. 29919 (5158-10)—Sovereignty Submerged Lands Easement Renewal Item No. 7—Customer Account Adjustments—None Item No. 8—Business discussed at Committee Meetings -None October 4, 2022 2 Item No. 9—Executive Director's Business a. August 2022 Financial Package Assistant Chief Financial Officer Karen Osbourne presented the Financial Statements for August and reported that operating income is $3,465,121 over budget due to an unfavorable revenue and favorable expense variance. Operating revenue is $38,328 under budget and operating expenses are $3,503,449 under budget. CCUA has gained 1,151 active water accounts and 1,168 active sewer accounts for the fiscal year 2021/2022. After discussion, Mr. Starnieri moved, seconded by Mr. Hodges, and carried 5-0, to accept the Financial Statements for August 2022, as presented by Ms. Osbourne. b. Supplemental Agreement No. 1 with Witt O'Brien's, LLC to Continuing Services Agreement 16/17 RFQ No. 4 to provide Professional Disaster Recovery Services for Hurricane Ian Mr. Johnston requested to have this item removed from consideration. After discussion Mr. Hodges moved, seconded by Vice-Chairman Roark, and carried 5-0, to remove this item from consideration as requested by the Executive Director. c. Request approval to terminate the Interior and Exterior Signs Contract with Colony Hardware Corporation Procurement Manager Angelia Wilson presented a request for approval to terminate the Interior and Exterior Signs Contract with Colony Hardware Corporation. The contract with Colony Hardware Corporation for Interior and Exterior Signs, ITB Bid No. 20/21- A18, was awarded on October 5, 2021. Staff received a termination request from Colony Hardware Corporation to dissolve the contract on September 19, 2022. Due to recent economic changes, Colony Hardware Corporation is unable to honor the pricing and terms of their contract. Per the contract, CCUA may terminate the contract, with or without cause, given thirty (30) days written notice to Contractor prior to effective date of such cancellation. After discussion, Mr. Gardella moved, seconded by Mr. Hodges, and carried 5-0, to terminate the contract as requested. d. Ratification of Executive Director actions for the Emergency Repair of the water main at County Road 220 at Heritage Farms Boulevard Mr. Johnston presented a request for ratification of the Emergency Declaration associated with the repair of a ten-inch water main located at the intersection of County Road 220 at Heritage Farms Boulevard on September 29, 2022. After discussion, Vice-Chairman Roark moved, seconded by Mr. Gardella, and carried 5-0, to ratify the Emergency Declaration, as presented. e. Other Mr. Johnston reported on CCUA's preparation and response to Hurricane Ian and the deployment of staff to assist with the aftermath of the storm in Cape Coral. He also shared Mr. Avery has accepted the proposal to name the Administrative Complex in his honor. Item No. 10—Legal Business a. Action on proposed Resolution No. 2022/2023-01 — Annual Rate Resolution and Service Availability Policy b. Action on proposed Resolution No. 2022/2023-02 —Annual Budget Resolution c. Action on proposed Resolution No. 2022/2023-03 —Annual Five-Year Capital Plan Resolution October 4, 2022 3 Mr. Williams presented for approval proposed Resolution No. 2022/2023-01 which is adopting, amending, and restating the water and wastewater utility rates, Service Availability Policy, and Fire Hydrant Meter Policy; Resolution No. 2022/2023-02—Adopting the Annual Budget, and Resolution No. 2022/2023-03 — Adopting the Annual Five-Year Capital Plan. After discussion, Mr. Starnieri moved, seconded by Mr. Gardella, and carried 5-0, to approve, adopt, and enact the Resolutions with an effective date of October 1, 2022, as presented by Mr. Williams. d. Approval of Annual Private Attorney Services Agreements (1) Bachara Construction Law Group, P.A. (2) Roger W. Cruce, P.A. (3) Ludwig Hulsey, P.A. (4) Sundstrom & Mindlin, LLP (5) Grady H. Williams,Jr., LL.M., Attorneys at Law, P.A. Mr. Williams presented a request for approval of the Attorney Engagement Package with Bachara Construction Law Group, P.A., Roger W. Cruce, P.A., Ludwig Hulsey, P.A., Sundstrom & Mindlin, LLP and Grady H. Williams, Jr., LL.M., Attorneys at Law, P.A. Staff has received approval from the Office of the Attorney General to enter into these agreements. After discussion, Mr. Hodges moved, seconded by Vice-Chairman Roark, and carried 5-0, to approve the Attorney Engagement Packages, as presented by Mr. Williams. e. Executive Director's Annual Evaluation Mr. Williams briefly discussed with the Board the results of the Executive Director's annual evaluation and reported Mr. Johnston's final evaluation score was 92.4. Based on this score, Mr. Johnston would be entitled to a merit raise of 2%, consistent with the existing Executive Director's Evaluation Policy and Procedures. Mr. Johnston shared previously he would only accept 1%, which was what was approved for staff After discussion, Mr. Starnieri moved, seconded by Mr. Hodges, and carried 5-0, to adopt and accept the Executive Director's Performance Evaluation and approve a 2% merit increase based on existing policy, as presented by Mr. Williams. f. Other-None Item No. 11 —Old Business/New Business - None Item No. 12—Public Comment -None Item No. 13 — Supervisor Comments Mr. Starnieri shared he was thankful Clay County dodged a major storm, he appreciates staffs response to the storm here and in Cape Coral and urged all to pray for those deployed in the recovery effort. Mr. Hodges said he was very proud of those who deployed to Cape Coral and congratulated Mr. Johnston on the results of his annual evaluation. Mr. Gardella also shared we were very fortunate to not have had an impact and was very grateful for those who volunteered to deploy to Cape Coral. He also congratulated Chairman Davis and Vice-Chairman on being re- elected. Vice-Chairman Roark echoed the comments and thanked staff for their deployment, and shared we were very lucky to have avoided an impact from the storm. October 4, 2022 4 Chairman Davis thanked CCUA staff, their families, and all first responders involved in the Hurricane Ian relief effort. Item No. 14 —Adjournment Chairman Davis adjourned the meeting at 2:45 P.M. • Wendell Davis, Chairman t' Janie udefnilk, Recording ecretary 4. ' C nC� October 4, 2022 5