HomeMy WebLinkAboutRegular Minutes - 5/2/2023 REVIEWED FOR REDACTION
MINUTES
CLAY COUNTY UTILITY AUTHORITY
May 2, 2023
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 2:01 P.M.
Item No. 2—Invocation/Pledge of Allegiance
Mr. Starnieri 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, Mr. Gardella, Mr. Hodges, Ms. Lebesch, Mr. McNees, and Mr.
Starnieri in attendance.
Also present at the meeting were Executive Director Jeremy Johnston, Chief Operations Officer Darryl Muse,
Chief Financial Officer Jeff Wesselman, Chief Engineer Paul Steinbrecher, Service Availability Manager
Melisa Blaney, Construction and Inspection Services Manager Warrick Sams, Public & Governmental Affairs
Liaison Dennis Ragosta, Senior Programmer Matt Pence, Administrative Assistant Operations Alicia Baker,
Administrative Assistant Engineering Anneica Asberry, and Grady H. Williams, Jr., legal counsel to the CCUA.
Item No. 4—Board Proclamation
a. Proclamation naming May 14th-20th 2023, as Water Reuse Week
Public & Governmental Affairs Liaison Dennis Ragosta informed the Board WateReuse Florida, Florida
Department of Environmental Protection, and the St. Johns River Water Management District are
encouraging their partners to promote water reuse and conservation. They are also requesting
organizations adopt proclamations declaring the week of May 14-20, 2023, as Florida Water Reuse
Week. This designation offers the opportunity to increase awareness about the importance of protecting
water resources by practicing efficient and effective use of reclaimed water. After discussion, Mr.
Stamen moved, seconded by Ms. Lebesch, and carried 6-0,to approve execution of the proclamation, as
presented.
Item No. 5 —Approval of Minutes
a. Board of Supervisors Regular Meeting, April 18. 2023
After discussion, Mr. Hodges moved, seconded by Mr. Starneri, and carried 6-0, to approve the minutes
of the Regular Meeting held on April 18, 2023.
Item No. 6—Approval of Consent Agenda
After discussion, Ms. Lebesch moved, seconded by Mr. Gardella, and carried 6-0, to approve the
Consent Agenda as follows;
1) Approval of Payment of Warrants
Warrants totaling $2.258,288.91
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. Proposed Task Order No. 39 with Insituform Technologies, LLC
b. Proposed Supplemental Agreement No. 1 with Proof + Geist, LLC to provide
Conversion& Supporting Services
c. Approval of Financing Requests - Wastewater Service to 3486 Peoria Road -Jarvis
d. Approval of Contract Usage—None
e. Approval of Developer Agreements, Warranty Deeds & Easements
1) Developer Agreement KU22/23-43 — Water Service to 879 Creighton Road (Dale A.
Hanson Individually and as Trustee of the Dale A. Hanson Revocable Trust dated June 7,
2019)— I ERC water, 1 ERC AWS, 1 ERC SJRWMD, I ERC debt service - $7,935.93
2) Developer Agreement KU22/23-44 — Wastewater Service to 151 Cedar Run Dr (Daniel
and Jennifer Williams) — I ERC wastewater, I ERC environmental impact, 1 ERC debt
service-$13,345.94
3) Developer Agreement MU22/23-14—Granary Park Amenity Center—2830 Granary Park
Avenue(Sandridge Land Developer, LLC)—4.5 ERC's water,2.5 ERC's wastewater. 2.5
ERC's reclaimed, 4.5 ERC's AWS, 4.5 SJRWMD, 2.5 ERC's debt service -
$18,672.41
4) Grant of Easement—475 Lombard Street—Grantor—475 Lombard St., LLC
5) Grant of Easement — 1711 Landward Lane — Grantor — Julie Ann & Benjamin Walker
and Donna& Levi Bleam
6) Grant of Easement — 2113 Spinnaker Court — Grantor — Robert Keith Taylor, Jr., and
Amber Taylor
7) Grant of Easement—2723 Greenwood Lane—Grantor—Rosa I. Gomez Valle
8) Grant of Easement — Spring Park Elementary — 3530 County Road 315 — Grantor —
School Board of Clay County
9) Quit Claim Deed — Grantor — KB Homes Jacksonville, LLC — Grantee — Clay County
Utility Authority
Item No. 7—Customer Account Adjustments—None
Item No. 8—Executive Director's Business
a. Proposed Change Order No. 3 to Saratoga Springs Water Treatment Plant, Reclaimed Pump Station, and
Potable and Reclaimed Water Distribution Main Agreement with Petticoat-Schmitt Civil Contractors,
Inc.
Construction and Inspection Services Manager Warrick Sams presented proposed Change Order No. 3
to Saratoga Springs Water Treatment Plant, Reclaimed Pump Station, and Potable and Reclaimed Water
Distribution Main Agreement with Petticoat-Schmitt Civil Contractors, Inc. The contractor has provided
construction services for the Saratoga Springs Water Treatment Plant, Reclaimed Pump Station, and
Potable and Reclaimed Water Distribution Main Project. The project Engineer of Record(EOR) is CDM
Smith. The Contractor's electrical gear supplier began to experience supply issues from its material
supply vendors during the peak of the COVID-19 era. On February 24, 2023, the electrical gear supplier
submitted a letter to the contractor explaining their difficulties in supplying the reclaimed water and
water electrical gears on the third revised shipping date, which was on March 24, 2023. The letter cited
supply chain (electronics, metals, resins, etc.), logistics, and continued supplier labor disruptions. The
FOR and staff have several existing projects experiencing the same concerns. Sub-Article 4.04,
Incentive-Disincentive for the Reclaimed Portion of the Project, of the Agreement specifies that the
reclaimed portion of the project should be substantially completed within 425 days or by April 24, 2023.
The contract provided up to $6000 per day incentive or disincentive pay for early or late delivery up to
60 days (i.e., +/-$360,000.00). Because of reasons beyond the contractor's control regarding the
electrical equipment, CCUA staff and the Contractor agree that this incentive/disincentive provision
(Article 4.04) is no longer applicable and propose to remove it formally from the contract terms. The
contract also provides provisions to extend contract times for events beyond the Contractor's control.
Staff intends to extend the contract time based on the actual gear delivery dates when those are known.
The electrical gear contractor indicated that the new electrical shipping date for the reclaim system and
water system would be May 19, 2023, and July 29, 2023, respectively. If these delivery dates hold,
substantial completion for the reclaimed plant would approximately be July 31, 2023, and substantial
completion for the water plant would approximately be September 30, 2023. Change Order No. 3
consists of recommendations to delete Sub-Article 4.04 from the Agreement and allow staff to amend
the project contract time once the electrical gear is delivered to the project. After discussion, Mr.
Starneri moved, seconded by Mr. Gardella, and carried 6-0, to approve Change Order No. 3 as presented
by Mr. Sams.
b. Annual Customer Service Survey Results—Presentation
Mr. Ragosta presented the recent Customer Service Survey Results and how they compared to the
results from 2022. He also reviewed how the surveys were sent to our customers and how they will be
provided to them going forward. He also answered questions from the Board regarding the survey. This
report was for the Board's information only; no action was requested or required on this item.
c. Other
Mr. Johnston informed the Board the revised Emergency Pay Policy is currently undergoing a final
review and should be presented for consideration at the next meeting. He also informed them Clay Day
was very successful this year and shared he may have to miss a couple of upcoming Board meetings this
summer due to family obligations.
Item No. 10—Legal Business
Chairman Davis recessed the Regular Meeting at 2:30 P.M. for the attorney-client session and reconvened the
Regular Meeting at 4:22 P.M.
a. Time Certain 2:30 P.M. - Private attorney-client "shade" meeting for Clay County Utility Authority
Board of Supervisors pursuant to s. 286.011(8). Florida Statutes, regarding the litigation styled BBI
Construction Management, Inc., a Florida corporation, Plaintiff/Counter-Defendant, v. Clay County
Utility Authority, a local governmental body, corporate and politic, Third-Party Plaintiff, v. Westfield
Insurance Company, Third-Party Defendant, Case No.: 2019-CA-000653, pending before the Circuit
Court of the Fourth Judicial Circuit in and for Clay County, Florida, for a time certain to be set during
the regular public meeting of the Clay County Utility Authority Board of Supervisors on Tuesday, May
2, 2023, at the Board of Supervisors meeting room at the Ray O. Avery Administration Complex for
Clay County Utility Authority, 3176 Old Jennings Road, Middleburg,FL 32068
Wendell Davis, David Gardella, Daniel Hodges, Anna Lebesch, Michael McNees, and Jim Starnieri
sitting as duly constituted Board of Supervisors of the Clay County Utility Authority, and Jeremy
Johnston, as the Executive Director of the Authority met in attorney-client session, outside of the
sunshine, with Grady H. Williams, Jr., Esquire, Henry G. Bachara, Jr., Esquire and Todd MacLeod,
Esquire, as legal counsel. A court reporter was present at said attorney-client session and recorded the
entire attorney-client session as required by F.S. 286.011(8)(c). The official transcript thereof shall be
made part of the public record upon completion of the aforementioned litigation.
b. Request to schedule a private attorney-client `shade" meeting for the Clay County Utility Authority
Board of Supervisors pursuant to s. 286.011(8), Florida Statutes, regarding the litigation styled Clay
County Utility Authority, Plaintiff, v. Beach Construction Company, Inc., an inactive Florida
corporation, DRMP. Inc., a Florida corporation, f/k/a Dyer, Riddle, Mills and Precourt, Inc., and
William T. Smoot, P.E., an individual, Defendants, Case No.: 10-2019-CA- 001372-CA-AXXX,
pending before the Circuit Court of the Fourth Judicial Circuit in and for Clay County, Florida, for a
time certain to be set during the regular public meeting of the Clay County Utility Authority Board of
Supervisors on Tuesday, May 16, 2023, at the Board of Supervisors meeting room at the Ray O. Avery
Administration Complex for Clay County Utility Authority, 3176 Old Jennings Road, Middleburg, FL
32068
Pursuant to Section 286.011(8) Florida Statutes, Grady H. Williams, Jr., legal counsel to the CCUA,
advised the Board of Supervisors he desires advice regarding settlement negotiations and litigation
expenditures relating to the litigation styled Clay County Utility Authority, Plaintiff, v. Beach
Construction Company, Inc., an inactive Florida corporation, DRMP, Inc., a Florida corporation, f/k/a
Dyer, Riddle, Mills and Precourt, Inc., and William T. Smoot, P.E., an individual, Defendants, Case No.:
10-2019-CA- 001372-CA-AXXX, pending before the Circuit Court of the Fourth Judicial Circuit in and
for Clay County, Florida,. After discussion, Ms. McNees moved, seconded by Mr. Hodges, and carried
6-0, to schedule a private attorney-client "shade" meeting on May 16, 2023, at 2:30 P.M. with the
members of the Board of Supervisors, Grady H. Williams, Jr., Esquire, Henry G. Bachara, Jr., Esquire,
and Todd MacLeod, as legal counsel, and Jeremy Johnston, as the Executive Director of the Authority in
attendance and ratify the proposed advertisement for same. A court reporter shall also be present at said
attorney-client session and shall record the entire attorney-client session as required by F.S.
286.011(8)(c). This attorney-client session is estimated to require approximately 120 minutes of time,
and the official transcript thereof shall be made part of the public record upon completion of the
aforementioned litigation. The session will be publicly noticed in the May 4, 2023, issue of the Clay
Today.
c. Other
Mr. Williams asked for thoughts and prayers to be with Roger Cruce, Esquire as he is currently
hospitalized and undergoing treatment. Mr. Cruce's firm handles easement, title search, and real estate
matters for CCUA.
Item No. 11 —Old Business/New Business -None
Item No. 12—Public Comment-None
Item No. 13—Supervisor Comments
Mr. McNees thanked staff, the attorneys, and members of the Board for their participation in the meeting today.
Ms. Lebesch echoed the comments of Mr. McNees and shared how much she enjoys serving on the Board.
Mr. Gardella and Mr.Hodges also echoed the comments of Mr. McNees and thanked staff for their efforts.
Mr. Starnieri congratulated staff members on their promotions which were highlighted in The Pipeline. He also
shared he has enjoyed his time serving on the Board.
Chairman Davis shared he enjoyed reading the Cedar Key presentation, congratulated staff on their promotions,
and thanked staff for their efforts.
Item No. 14—Adjournment
Chairman Davis adjourned the meeting at 4:25 P.M.
i
Wendell D ls;-C-Itttman
.Ian e Loucks- iilk,Recording Secretary