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HomeMy WebLinkAboutRegular Minutes - 4/18/2023 REVIEWED FOR REDACTION MINUTES CLAY COUNTY UTILITY AUTHORITY April 18, 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 Vice-Chairman Roark 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, Chief Engineer Paul Steinbrecher, Assistant Chief Engineer Joe Paterniti, Service Availability Manager Melisa Blaney, Facilities & Fleet Manager James Moore, Senior Service Availability Engineer Darrell Damrow, Contract and Procurement Specialist Darrin Parker, Public & Governmental Affairs Liaison Dennis Ragosta, Administrative Assistant Operations Alicia Baker, Administrative Assistant Engineering Annecia Asberry, and Grady H. Williams, Jr., legal counsel to the CCUA. Item No. 4—Employee Recognition a. James H. Moore—5 years of Service Mr. Johnston introduced and presented a certificate to Facilities & Fleet Manager James H. Moore who has been employed by CCUA for five years. He also informed the Board CCUA's Chief Human Resource Officer Kim Richardson has been named Rotarian of the Quarter. Item No. 5 —Clay Electric Cooperative, Inc., Capital Credits Refund Check Mr. Johnston introduced Mr. Steve Hollingsworth from Clay Electric Cooperative, Inc. who presented CCUA with checks acknowledging the utility's share of the current Capital Credits refund. Item No. 6—Approval of Minutes a. Board of Supervisors Regular Meeting, April 4, 2023 After discussion, Ms. Lebesch moved, seconded by Mr. Gardella, and carried 6-0, to approve the minutes of the Regular Meeting held on April 4, 2023. Item No. 7—Approval of Consent Agenda After discussion, Mr. Hodges moved, seconded by Vice-Chairman Roark, and carried 6-0, to approve the Consent Agenda as follows;' 1) Approval of Payment of Warrants Warrants totaling $4,144,002.87 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 I-1. 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. Proposed Interlocal Agreement with Clay County for the College Drive Resurfacing, Restoration and Rehabilitation work and Clay County Utility Authority utility relocations 2) Approval of Supplemental Agreements and Change Orders—None c. Approval of Financing Requests -None d. Approval of Contract Usage—None e. Approval of Developer Agreements, Warranty Deeds & Easements 1) Developer Agreement SS22/23-6 — Discovery Self Storage — 4304 Discovery Drive (VRE Storage Discovery, LLC) — 2 ERC's water, 2 ERC's wastewater, 2.5 ERC's reclaimed, 2 ERC's AWS, 2 ERC's SJRWMD, 2 ERC's debt service- $28,735.51 2) Developer Agreement SS22/23-7—Royal Pines Shopping Center— 3460, 3470 and 3480 Royal Pines Drive (Royal Pines Shopping Center, LLC) — 9 ERC's water, 9 ERC's wastewater, 1 ERC reclaimed, 9 ERC's AWS, 9 ERC's SJRWMD, 9 ERC's debt service - $48,286.52 3) Grant of Easement—477 Lombard Street—Grantor—IAR Property, LLC Item No. 8— Customer Account Adjustments—Maria G. Gossage—Request for 100% leak credit Customer Service and Billing Manager Diana Strickland presented a request for a leak credit on behalf of Ms. Maria G. Gossage of 3380 Wilderness Circle. After review of her request and staff's recommendation as included in the agenda package, Mr. Gardella moved, seconded by Mr. Hodges, and carried 6-0, to approve an additional credit be applied at 100% over and above her previous 12 months rolling average of 4,000 gallons per month, as requested, as a one-time only customer courtesy. Item No. 9—Executive Director's Business a. PFM Financial Advisors, LLC presentation and recommendations on plan of financing Chief Financial Officer Jeff Wesselman introduced Managing Director Jeremy Niedfeldt of PFM Financial Advisors, LLC who presented an Overview, Market Update & Cash Flow Model which was prepared by his firm. PFM's recommended approach was a $50M Line of Credit with the expectation of restructuring it in the future as a long-term bond. Mr. Niedfeldt also presented a proposed timeline which anticipates a June 2023 closing, should the plan of financing be approved. After discussion, Mr. Hodges moved, seconded by Mr. Gardella, and carried 6-0, to proceed with the proposed plan of financing and the Request for Proposals for the $50M Line of Credit, as presented by Mr. Niedfeldt. b. Proposed agreement with SML, Inc. for Records Management Consulting Services Contract and Procurement Specialist Darrin Parker presented a proposed agreement with SML, Inc. (SML)for Records Management Consulting Services. SML services shall include but not limited to review CCUA's paper records to identify and mark records eligible for disposal based on the State of Florida records retention schedules and develop a Records Management Plan compliant with Section 257.36 Florida Statute. The Records Management Plan shall establish key components including CCUA access internally and externally, retention, disposition, and preservation. Staff determined the following proposed rates are fair, competitive, and reasonable. Disposal Eligibility Identification Services - $22,000; Records Management Plan - $26,500; Ongoing Consultant Services, as needed - $2,200 per onsite visit or $300 per billable hour with a one hour minimum. Currently, CCUA maintains a lease on seven (7) variable sized storage units at Life Storage located at 1709 Blanding Blvd., totaling approximately $2,600 per month. These units are utilized for additional storage for paper records. During the FY 2022/2023 budget process, the Human Resources Department requested funds to begin transitioning historical paper records to a digital format and eliminate the storage units. All paper records identified for retention will be digitized with a separate vendor and contract. After discussion, Ms. Lebesch moved, seconded by Mr. Gardella, and carried 6-0, to approve execution of the agreement as presented by Mr. Parker. c. Jacobs Engineering Report on the Stormwater Harvesting Pilot Project: Study Objectives, Results and Conclusions Chief Engineer Paul Steinbrecher introduced the team from Jacobs Engineering, Mike Dykes, P.E., Larry Gunn, P.E. and Greg Brubaker, P.E. who provided a report on the Stormwater Harvesting Pilot Project: Study Objectives, Results and Conclusions. The project found the limited amount of water available from the small retention ponds was not dependable or economically feasible to use as a supplement to CCUA's reuse system. The consultants found for the project to be feasible, it would need a large regional stormwater treatment and storage facility. The pilot test facility along SR23 will be decommissioned and taken out of service. The report was for the Board's information only; no action was requested or required on this item. d. Proposed Agreement with Dewberry Engineers, Inc. for Engineering and Construction Services to Value Engineer, Redesign and Rebid the Governor's Park Water Treatment Plant, and to Provide Services During Construction for all construction activities at the Governor's Park Plant Site Senior Service Availability Engineer Darrell Damrow presented a proposed Agreement with Dewberry Engineers, Inc. for Engineering and Construction Services to Value Engineer, Redesign and Rebid the Governor's Park Water Treatment Plant, and to Provide Services During Construction for all construction activities at the Governor's Park Plant Site. Staff completed a request for qualifications (RFQ) process. As previously reported on March 21, 2023, Dewberry's was the only submission received. Dewberry is a well-respected firm with highly capable and qualified staff to complete the professional engineering design services needed for this project. Staff negotiated a Scope and Fee proposal with Dewberry Engineers, Inc. for $705,284.53. The proposal includes value engineering to ensure the resulting project provides CCUA with the best long-term value. Also included are project management, document preparation, permitting, and bidding and construction administration services. Additionally, to realize efficiencies on required inspection staff presence, Dewberry will provide construction and engineering inspection for all construction activities at the Governor's Park site including the master lift station and reclaimed storage and pumping facility which were designed by their subconsultant, Ardurra. After discussion, Mr. Starnieri moved, seconded by Ms. Lebesch and carried, 6-0, to approve the agreement as presented by Mr. Damrow. e. Other Mr. Johnston informed the Board the Clay Day reception in Tallahassee is tomorrow evening and his presentation at the AWWA/WEF Utility Management Conference was well received. He also shared the Hurricane Emergency Pay Policy and an update on the CUP renewal will be provided at a future meeting. Item No. 10—Legal Business a. 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 BBI Construction Management, Inc., a Florida corporation, Plaintiff/Counter-Defendant, v. Clay County Utility Authority, a local governmental body, corporate and politic, Defendant/Counter-Plaintiff, and Clay County Utility Authority, a local government body, corporate and politic, Third-Party Plaintiff., 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 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 BBI Construction Management, Inc., a Florida corporation, Plaintiff/Counter-Defendant, v. Clay County Utility Authority, a local governmental body, corporate and politic, Defendant/Counter-Plaintiff, and Clay County Utility Authority, a local government body, corporate and politic, Third-Party Plaintiff, 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. After discussion, Mr. Stamen moved, seconded by Ms. Lebesch, and carried 6-0, to schedule a private attorney-client "shade" meeting on May 2, 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 April 20, 2023 issue of the Clay Today. b. Action on proposed Resolution No. 2022/203-05 —The Authority Employees Plan Trustee change Mr. Williams presented a request for action on proposed Resolution No. 2022/203-05. The Resolution amending in part Authority Resolution No. 2020/2021-05 regarding the Authority Employees Plan (the "Plan"); removing Ascensus Trust Company as Plan Trustee; appointing MissionSquare Retirement as new Plan Trustee; authorizing and directing the Executive Director or Chief Financial Officer of the Authority to execute and deliver such necessary or helpful documentation to effect said removal of outgoing former Plan Trustee and appointment of incoming new Plan Trustee to the administrator and trustee of the plan, and to take any and all further actions as may be necessary, appropriate, or helpful to administer the same as the duly authorized and adopted Plan of the Authority; and providing an effective date. After discussion, Mr. Gardella moved, seconded by Ms. Lebesch, and carried 6-0, to approve, adopt and enact the Resolution as presented. c. Other -None Item No. 11 —Old Business/New Business -None Item No. 12—Public Comment-None Item No. 13— Supervisor Comments Vice-Chairman Roark commended Mr. Moore on his employment milestone and thanked staff and the consultants for the information on the Stormwater Harvesting Pilot Project. Ms. Lebesch appreciated hard work which went into the evaluation of the Stormwater Harvesting Pilot Project. Mr. Gardella thanked staff and the consultants for their efforts. Mr. Hodges shared he greatly appreciated the level of detail provided and the effort it took to evaluate the Stormwater Harvesting Pilot Project. Mr. Starnieri offered his congratulations to Mr. Moore and Ms. Richardson and shared he appreciates the amount of work and effort which went into the presentations today. Chairman Davis echoed the comments regarding staff and the consultants and shared he will not be attending Clay Day this year. Item No. 14—Adjournment Chairman Davis adjourned the meeting at 3:39 P.M. Wendell Davis, Chairman Janie ,ouderm; k. Recor ing Secretary