HomeMy WebLinkAboutRegular Minutes - 5/16/2023 REVIEWED FOR REDACTION
MINUTES
CLAY COUNTY UTILITY AUTHORITY
May 16, 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. Hodges 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, Ms. Lebesch, 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, Assistant Chief Financial Officer Karen Osbourne, Chief Engineer
Paul Steinbrecher, Assistant Chief Engineer Joe Paterniti, Chief Human Resources Officer Kim Richardson,
Distribution& Collection Superintendent David Rawlins, Water Department Superintendent Ross Bland, Public
& Governmental Affairs Liaison Dennis Ragosta, Construction and Inspection Services Manager Warrick
Sams, Compliance Manager Heather Webber, SCADA Manager John McCleary, Contract and Procurement
Specialist Darrin Parker, Service Availability Analyst Jennifer Cron, Environmental Scientist Victoria Quick,
Administrative Assistant Operations Alicia Baker, Administrative Assistant Engineering Anneica Asberry, and
Grady H. Williams, Jr., legal counsel to the CCUA.
Item No. 4—Employee Recognition
a. Heather P. Cavanagh - 5 years
b. Victoria Quick—Master's Degree in Marine Science
Mr. Johnston introduced and presented a certificate to Engineer Heather Cavanaugh acknowledging her
years of service. He also introduced Environmental Scientist Victoria Quick who recently received her
master's degree in Marine Science and acknowledged all the high school and college graduates
associated with CCUA, as mentioned in The Pipeline.
Item No. 5 —Approval of Minutes
a. Board of Supervisors Regular Meeting, May 2, 2023
After discussion, Ms. Lebesch moved, seconded by Mr. Starnieri, and carried 6-0, to approve the
minutes of the Regular Meeting held on May 2, 2023.
Item No. 6—Approval of Consent Agenda
After discussion, Vice-Chairman Roark moved, seconded by Mr. Hodges, and carried 6-0, to approve
the Consent Agenda as follows;
a. Approval of Financial and Operational Activities
1) Approval of Payment of Warrants
Warrants totaling$6,858,009.86
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
g. Statement from Grady H. Williams, Jr. LL.M.
2) Request for Asset Disposal Authorization-None
b. Approval of Capital Budget Activities
1) Requests for Award of Procurement Contracts and/or Ratification of
Procurement/Construction Contracts
a. Request Annual Compensation increase of the Polyethylene IMFO® Crosslinked
Tank Systems Contract with Carl Eric Johnson, Inc., Bid No. 2021/2022-A22
b. Request Approval of Continuing Contracts Renewal for the Civil and Environmental
Engineering Professional Services RFQ# 18/19-A03
c. Interlocal Agreement with ClayCounty for the Bonded Transportation Program
County Road#315 - Maryland Ave. to US 17 Project
d. Approval of Addendum No. 4, to Master Services Agreement No. 19594 with MCCI,
LC
e. Proposed Approval of a 2nd Contract Renewal for US Motors, ITB# 20/21-A7
2) Approval of Supplemental Agreements and Change Orders—None
c. Approval of Financing Requests
(1) Request from Mr. Thadeous Young of 2481 Eloise Drive for financing of water
connection fees
d. Approval of Contract Usage—None
e. Approval of Developer Agreements, Warranty Deeds & Easements
1) Developer Agreement CU22/23-09 — Oak Lane Village, Phase II Retail Building #2,
1340 Blanding Boulevard — Settlement Agreement #2 (Oak Lane Equities, LLC) - .61
ERC's water, .61 ERC's wastewater, .61 ERC's AWS, .61 ERC's SJRWMD, .61 ERC's
environmental impact, .61 ERC's debt service - $3,038.23
2) Developer Agreement KU22/23-46—Wastewater Service to 3486 Peoria Road (Robert&
Jennie Jarvis) — 1 ERC wastewater, 1 ERC environmental impact, 1 ERC debt service -
$6,173.83 (financed)
3) Developer Agreement MU22/23-16 — Cross Creek Subdivision Phase 2E-2 — 52 Lots
(D.R. Horton, Inc. — Jacksonville) — 52 ERC's water, 52 ERC's wastewater, 52 ERC's
reclaimed, 52 ERC's AWS, 52 ERC's SJRWMD, 52 ERC's debt service - $235,684.16
(deferred)
4) Developer Agreement MU22/23-17 — Cross Creek Subdivision Phase 2E-1 — 35 Lots
(D.R. Horton, Inc. — Jacksonville) — 35 ERC's water, 35 ERC's wastewater, 35 ERC's
reclaimed, 35 ERC's AWS, 35 ERC's SJRWMD, 35 ERC's debt service — $158,685.55
(deferred)
5) Developer Agreement MU22/23-18 — Bella Lago Subdivision, Phase 1 Consisting of 71
Lots (Mattamy Jacksonville, LLC) — 71 ERC's water, 71 ERC's wastewater, 71 ERC's
reclaimed, 71 ERC's AWS, 71 ERC's SJRWMD, 71 ERC's debt service - $360,586.59
(deferred)
6) Developer Agreement — RU22/23-4 — Water and Wastewater Service to 2805 Ravines
Road (Karen Soria) — 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD,
1 ERC environmental impact, 1 ERC debt service - $16,920.10
Item No. 7—Customer Account Adjustments—None
Item No. 8—Executive Director's Business
a. March 2023 Financial Package
Chief Financial Officer Jeff Wesselman presented the Financial Statements for March and reported
operating income is $1,285,499 over budget due to an unfavorable revenue and favorable expense
variance. Operating revenue is $673,705 under budget and operating expenses are $1,959,204 under
budget. CCUA has gained 681 active water accounts and 680 active sewer accounts during fiscal year
2022/2023. After discussion, Mr. Gardella moved, seconded by Ms. Lebesch, and carried 6-0, to accept
the Financial Statements for March 2023, as presented by Mr. Wesselman.
b. Proposed FY 2023/2024 Budget
Mr. Wesselman informed the Board the presentation of a tentative budget is required by CCUA's
enabling legislation no later than June 1st of each year. He briefly reviewed the proposed 2023/2024
Fiscal Year Budget and informed the Board the tentative budget presented today will be reviewed and
possibly modified prior to the Joint Audit/Finance and Personnel Committee Meeting. Mr. Wesselman
presented a proposed timeline and suggested the Joint Committee Meeting be held on Tuesday, July 18,
2023, at noon and the Public Rate Hearing on Tuesday, September 12, 2023, at 7:00 P.M. After
discussion, Mr. Hodges moved, seconded by Mr. Gardella, and carried 6-0, to grant tentative approval of
the proposed budget for distribution and approval of the Joint Committee Meeting and Public Rate
Hearing dates as requested. The tentative budget will be sent to Bradford, Clay, and Duval County and
the meetings will be noticed as required.
c. Proposed Change Order No. 1 to Peters Creek Water Reclamation Facility (WRF) Expansion and
Pipeline Project Agreement with Wharton-Smith, Inc.
Chief Engineer Paul Steinbrecher presented proposed Change Order No. 1 to the amend the contract
with Wharton-Smith, Inc. (WSI) for Bid No. 22/23-A05 - Peters Creek Water Reclamation Facility
Expansion and Pipeline Project. During the voluntary bid reduction process, CCUA Staff and WSI
agreed that the WRF expansion would be completed on or before December 29, 2024. Change Order
No. 1 amends Article 4.02, to reflect the mutually agreed upon substantial completion dates, liquidated
damages, and commencement dates from the voluntary bid reduction process. This Change
Order/Contract Amendment will not affect the original contract price. After discussion, Ms. Lebesch
moved, seconded by Vice-Chairman Roark, and carried 6-0, to approve Change Order No. 1 amending
the contract and execution of the Revised Notice to Proceed, as presented.
d. Proposed Updates to Emergency Pay Policy
Mr. Johnston presented the proposed updates to the Emergency Pay Policy to conform to language from
the Federal Emergency Management Agency (FEMA) and Florida's Department of Emergency
Management (FDEM). In addition to updating language to be consistent with FEMA and FDEM, the
proposed updates to the policy reflect how CCUA's staff intends to declare, manage, and administer
storm or emergency events. Distribution & Collection Department Superintendent David Rawlins
reviewed the lessons learned by the responding staff who deployed after Hurricane Ian to Cape Coral
and Sanibel Island. Chief Operations Officer Darryl Muse reviewed the information garnered from the
CCUA Hurricane Workshop. After discussion, Ms. Lebesch moved, seconded by Mr. Hodges, and
carried 6-0, to approve the revised Emergency Pay Policy, as presented.
e. Other
Mr. Johnston advised the Board there are several documents relating to upcoming EPA Rulemaking
included in the For Your Information section of the agenda. He also shared staff and the consultants are
actively working on the CUP renewal and briefly reviewed his upcoming vacation schedule.
Item No. 10—Legal Business
Chairman Davis recessed the Regular Session at 2:45 P.M. and reconvened the Session at 3:20 P.M.
a. Time Certain 2:30 P.M. - 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\at 2:30
P.M. duringthe 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
Wendell Davis, David Gardella, Daniel Hodges, Anna Lebesch, Darin Roark, and Jim Stamieri 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. Other-None
Item No. 11 —Old Business/New Business -None
Item No. 12—Public Comment-None
Item No. 13— Supervisor Comments
Vice-Chairman Roark expressed his appreciation for staff's efforts on the hurricane plan and commented on the
large number of meters installed within the past few months.
Ms. Lebesch thanked everyone for their efforts and shared she enjoyed reading about the upcoming graduations
in The Pipeline.
Mr. Gardella echoed Ms. Lebesch's comments on The Pipeline and shared he appreciates all the work that went
into the Emergency Pay Policy.
Mr. Hodges congratulated the staff members which were acknowledged today and said he appreciated the staff
compliments when were in the FYI section of the agenda.
Mr. Starnieri echoed everyone's comments and complimented staff on the hurricane plan and Emergency Pay
Policy.
Chairman Davis shared it was an excellent meeting today, covering lots of important topics.
Item No. 14—Adjournment
Chairman Davis adjourned the meeting at 3:52 P.M.
N b -.10/d/M9 a2) 11. (--
Wendell Davis, Chairman
anic Loudern 1k, Recording Secretary