HomeMy WebLinkAbout06.a Minutes MINUTES
CLAY COUNTY UTILITY AUTHORITY
October 3, 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
Vice-Chairman Hodges called the meeting to order at 2:00 P.M.
Item No. 2—Invocation/Pledge of Allegiance
Mr. Starneri offered the Invocation and led those in attendance in the Pledge of Allegiance.
Item No. 3—Roll Call
Roll Call was taken with Vice-Chairman Hodges, Mr. Gardella, Ms. Lebesch, Mr. Petty, Ms. Taylor, 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, Procurement Manager Angelia Wilson, Service Availability Manager
Melisa Blaney, Compliance Manager Heather Webber, Public & Governmental Affairs Liaison Dennis Ragosta,
SCADA Manager John McCleary, Contract and Procurement Specialist Darrin Parker, Administrative Assistant
Operations Alicia Baker, and Grady H. Williams, Jr., legal counsel to the CCUA.
Item No. 4— Swearing in of Supervisors and Election of Chairman and Vice-Chairman
Mr. Williams conducted the swearing in of Anna Lebesch, Andrew Petty, and Amber Taylor for appointment to
the Board of Supervisors by the Clay County Board of County Commissioners for a term ending September 30,
2026.
Vice-Chairman Hodges informed those in attendance that today would be his last meeting as a member of the
CCUA Board of Supervisors. He shared Governor DeSantis appointed him for a term which expired on
September 30, 2023, and said he was not comfortable serving without a current appointment.
Vice-Chairman Hodges opened the floor for nominations for Chairman. Mr. Gardella nominated Mr. Starneri
serve as Chairman for the 2023/2024 Fiscal Year. There were no other nominations received for Chairman.
After discussion, Mr. Gardella moved, seconded by Ms. Lebesch, and carried 6-0, to elect Mr. Starneri to serve
as Chairman. The floor was then opened for nominations for Vice-Chairman. Mr. Gardella nominated Ms.
Lebesch to serve as Vice-Chairman for the upcoming fiscal year. There were no other nominations received for
Vice-Chairman. After discussion, Mr. Gardella moved, seconded by Chairman Starneri and the motion carried
6-0, to elect Ms. Lebesch to serve as Vice-Chairman for the 2023/2024 Fiscal Year.
Item No. 5 —Approval of Minutes
a. Board of Supervisors Personnel Committee Meeting, September 19, 2023
b. Board of Supervisors Regular Meeting, September 19, 2022
October 3, 2023 1
After discussion, Mr. Gardella moved, seconded by Mrs. Taylor, and carried 6-0, to approve the minutes
of the Personnel Committee held on September 19, 2023. After additional discussion, Mr. Gardella
moved, seconded by Mr. Hodges, and carried 6-0, to approve the minutes Regular Meeting held on
September 19, 2023.
Item No. 6—Approval of Consent Agenda
After discussion, Mr. Hodges moved, seconded by Vice-Chairman Lebesch and carried 6-0, to approve
the Consent Agenda follows;
a. Approval of Financial and Operational Activities
1) Approval of Payment of Warrants
Warrants totaling $4,216,810.03
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 -None
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 -None
c. Approval of Financing Requests—None
d. Approval of Contract Usage -None
e. Approval of Developer Agreements, Warranty Deeds &Easements
1) Developer Agreement CU22/23-17 — Clay County Town Center — Lot 16 — 1625
Jeremiah Street (Clay Town Center Hospitality, LLC) — 40 ERC's water, 39 ERC's
wastewater, 3 ERC's reclaimed, 40 ERC's AWS, 40 ERC's SJRWMD, 39 ERC's debt
service - $208,921.80
2) Developer Agreement KH22/23-17 — Water Service to 4119 SE 8th Avenue (Panitan
Group, Inc.) — 1 ERC water, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC debt service -
$3,610.66
3) Developer Agreement KU22/23-62 — Water and Wastewater Service to 812 Creighton
Road (Cody P. Bishop) — 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC
SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $13,858.13
4) Developer Agreement KU22/23-63 —Wastewater Service to 1768 Landward Lane (Scott
and Linda Ferree) — 1 ERC wastewater, 1 ERC environmental impact, 1 ERC debt
service - $15,522.90
5) Developer Agreement RU22/23-6 — Water and Wastewater Service to 2158 Pine Tree
Lane (Terry & Sue Blodgett) — 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC
SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $36,997.71 ($36,695.71
financed)
October 3, 2023 2
6) Developer Agreement RU22/23-8 — Quiet Creek Condominium, Bldg. 5 — 4142 - 4152
Quiet Creek Loop (Wiggins Construction Company of North Florida, Inc.) — 7 ERC's
water, 7 ERC's wastewater, 7 ERC's AWS, 7 ERC's SJRWMD, 7 ERC's environmental
impact, 7 ERC's debt service - $34,927.65 ($31,188.36 deferred)
7) Grant of Easement — Tractor Supply — 1701 Blanding Blvd — Grantor — Hanlex Orange
Park, LLC
Item No. 7—Customer Account Adjustments—None
Item No. 8—Business discussed at Committee Meetings -None
Item No. 9—Executive Director's Business
a. Recommended selection of the Surveying and Mapping Professional Services RFQ NO. 2022/2023-A2
Procurement Manager Angelia Wilson presented a recommended selection of firms for the Surveying
and Mapping Professional Services associated with RFQ NO. 2022/2023-A2. The contracts will allow
the consultant to provide CCUA with specialty services related to surveying, mapping, drawings, details,
and other related services. The previous surveying and mapping continuing contracts expired on
September 30, 2023. CCUA staff requires services as outlined in the request for proposal from time to
time as our utility continues to grow. Staff advertised the project on CCUA's Bonfire Procurement
Platform and in the Florida Times Union on July 21, 2023, for consultants interested in providing a
variety of professional surveying and mapping services on an as needed basis. On August 24, 2023, staff
received eight (8) responses to the RFQ, which were subsequently evaluated and scored by the project
evaluation committee. Listed below is the ranked shortlist of the overall proposals.
DRMP, Inc. 92.25
England-Thims & Miller, Inc 92
EDA Consultants, Inc. 85
Southeastern Surveying and Mapping Corporation 75.5
Alliant Engineering, Inc. 74.25
Bradshaw-Niles &Associates, Inc. 73.25
CPH, LLC 73
SAM, LLC 69.5
Staff requested approval of the three (3) top ranked firms and requested authorization to negotiate and
execute a contract with DRMP, Inc., England-Thims, & Miller Inc., and EDA Consultants, Inc. and
requested approval of the Bid Opening documents. After discussion, Vice-Chairman Lebesch moved,
seconded by Mr. Hodges, and carried 6-0, to approve staff's request, as presented by Mrs. Wilson.
b. Request to master meter the proposed Oakleaf Commerce Center requested by Merritt Properties
Service Availability Manager Melisa Blaney presented a proposal to master meter the proposed Oakleaf
Commerce Center as requested by Merritt Properties. Staff received a request from Merritt Properties to
master meter three buildings, which are proposed flex/light industrial, with approximately 55 rental
spaces. By definition, this development is considered flex space under the current Service Availability
Policy. Flex space developments with multi-tenants are required to provide individual meters and
plumbing designs for the maximum number of units capable of being leased. On September 6, 2022, the
CCUA Board of Supervisors confirmed its willingness to allow master metering for residential multi-
family and commercial developments. This policy was predominantly written to accommodate
workforce housing but also refers to commercial developments. Under this provision, Merritt Properties
is seeking a request to allow master metering to their commercial development, which will be serving
October 3, 2023 3
multiple tenants. The applicant has represented that the entire project will remain under single
ownership, and the whole site will be master metered with all on-site utilities remaining under private
ownership. Staff prepared a draft Developer Agreement, including terms and conditions to accommodate
the Developer's request. Additionally, staff included terms and conditions to ensure that CCUA staff can
assess connection charges and regulatory requirements based on the actual tenant's operations. We are
bringing this draft agreement before the Board, as this is the first request made by a developer to master
meter a commercial development since CCUA's 2022/2023 Rate Resolution went into effect. After
discussion, Vice-Chairman Lebesch moved, seconded by Mr. Gardella, and carried 6-0, to approve the
development being master metered and the proposed draft agreement, as presented by Ms. Blaney.
c. Recommended Award of the Ravines to Henley Road Water Main Extension ITB No. 2022/2023-A25
Utility Engineer Heather Cavanaugh and Procurement Specialist Darrin Parker presented a
recommended award of the Ravines to Henley Road Water Main Extension ITB No. 2022/2023-A25. In
an effort to improve resiliency of the water system, CCUA developed the Ravines to Henley Road
Water Main Extension Project to connect the Ravines and Lake Asbury water distribution systems. The
project consists of approximately 17,300 linear feet of 12-inch water main. On August 3, 2023, and
August 8, 2023, staff publicly advertised the above-referenced project on CCUA's Bonfire Procurement
Portal and in the Florida Times-Union. At the September 21, 2023, Bid Opening, CCUA received six (6)
bids from the following Contractors:
Kirby Development,Inc. $5,504,103.68
J.B. Coxwell Contracting, Inc. $3,445,261.50
T.G. Utility Company, Inc. $3,415,700.00
Accurate Drilling Systems,Inc. $3,154,000.00
DBE Utility Services $3,140.287.76
T B Landmark Construction,Inc. $3,047,318.00
The Engineer of Record, Michael Klink, PE, Senior Engineer of Four Waters Engineering, Inc., and
staff evaluated the submittal for conformance with the solicitation requirements and deemed T B
Landmark Construction, Inc. the low bid submittal, both responsive and responsible. The budget for the
Ravines to Henley Road Water Main Extension Project is $4,000,000. Staff requested approval and
authorization to execute a contract with T B Landmark Construction, Inc., for the construction services
in the total amount of$3,047,318. Staff also requested approval of deductive change orders and owner-
direct purchase orders for the express purpose of saving sales taxes on major materials and equipment,
as authorized by the Executive Director, or his designee, and as recommended by the Chief Engineer. In
addition, staff requested approval of the Bid Opening documents. After discussion, Mr. Hodges moved,
seconded by Mr. Gardella, and carried 6-0, to approve staff's request, as presented by Mr. Parker.
d. Proposed Memorandum of Agreement (MOA) between the Clay County Utility Authority, JEA,
Gainesville Regional Utilities, and St. Johns County Utility Department
Proposed Cooperative Funding Agreement between the St. Johns River Water Management District and
Clay County Utility Authority
Proposed Supplemental Agreement No. 12 to the Civil and Environmental Engineering Professional
Services Agreement 2018/2019 RFQ No. 3 with CDM Smith to provide Professional Engineering and
Planning Services for the North Florida Regional Water Supply Plan Project Conceptualization
October 3, 2023 4
Mr. Johnston requested authorization to enter a MOA with JEA, GRU, and the SJCUD for the
development of the North Florida Regional Water Supply Plan Project Conceptualization. Staff also
requests authorization to enter into the Cooperative Funding Agreement with the SJRWMD for this
same effort. To support the North Florida Regional Water Supply Plan Project Conceptualization, staff
requests authorization to engage CDM Smith to provide the technical expertise necessary for this
planning effort. Representatives of CCUA, JEA, GRU, SJCUD, SJRWMD, SRWMD, and the FDEP
met at CCUA offices on April 7, 2023, to discuss water supply planning, Minimum Flows and Levels
(MFL) regulations, and zero surface discharge requirements. In this meeting, the representatives present
agreed conceptualization of regional projects to integrate water resources from where there are surpluses
to where there are deficits was needed. The scope of services with CDM Smith represents the
collaborative effort developed from the April 7, 2023, meeting. We anticipate the technical expertise for
this effort will be significant. The CDM Smith team completed the Integrated Water Resource Plans
(IWRPs) for CCUA, JEA, and the SJCUD. CDM Smith provides Professional Engineering services to
the SJRWMD on the Black Creek Water Resource Development Project (Black Creek Project). We
consider the CDM Smith especially suited with the professional expertise necessary for this
collaborative effort. The collaborative effort scoped in the North Florida Regional Water Supply Plan
Project Conceptualization will identify large-scale regional capital projects capable of addressing and
sustainably managing regional water resource challenges. We envision North Florida Regional Water
Supply Plan Project Conceptualization will also provide a framework for regulated entities to financially
participate in those projects to address MFL liabilities. We consider the Black Creek Project an example
of a regional water resource development project we can model in the project conceptualization effort.
CCUA staff understood from the April 7, 2023, meeting the funding support would include equal
participation by all the entities represented. CCUA has entered into a similar MOA with other utilities as
part of the North Florida Utilities Coordination Group (NFUCG). CCUA has also entered into similar
Cooperative Funding Agreements with the SJRWMD as part of their cost-share program. Staff
respectfully requested authorization to enter into a MOA with JEA, GRU, and the SJCUD for the North
Florida Regional Water Supply Plan Project Conceptualization. Mr. Johnston requested authorization to
enter into a Cooperative Funding Agreement with the SJRWMD for the North Florida Regional Water
Supply Plan Project Conceptualization, engagement the CDM Smith team under Supplemental
Agreement No. 12 under the Professional Engineering Services Agreement (2018/2019 RFQ No. 3) to
serve as the technical experts for the North Florida Regional Water Supply Plan Project
Conceptualization. Intergovernmental Coordinator for the SJRWMD Doug Conkey and a representative
from CDM Smith addressed the Board regarding the proposed MOA. Mr. Johnston thanked the
Executive Director of the SJRWMD Michael Register for his efforts in facilitating this agreement. After
discussion, Mr. Hodges moved, seconded by Vice-Chairman Lebesch, and carried 6-0, to approve
execution of the MOA, enter into a Cooperative Funding Agreement with the SJRWMD for the North
Florida Regional Water Supply Plan Project Conceptualization, and Supplemental Agreement No. 12
under the Professional Engineering Services Agreement (2018/2019 RFQ No. 3), as presented by Mr.
Johnston.
e. Ratification of Executive Director actions for the Emergency Purchase for the asphalt road repair at 355
Crossing Boulevard
Mr. Johnston presented a request for ratification of the Emergency Declaration associated with the repair
of a ten-inch water main located at 355 Crossing Boulevard on September 12, 2023. After discussion,
Mr. Gardella moved, seconded by Vice-Chairman Lebesch, and carried 6-0, to ratify the Emergency
Declaration, as presented by Mr. Johnston.
f. Other
Mr. Johnston welcomed the new members of the Board of Supervisors.
October 3, 2023 5
Item No. 10—Legal Business
a. Action on proposed Resolution No. 2023/2024-01 — Annual Rate Resolution and Service Availability
Policy
b. Action on proposed Resolution No. 2023/2024-02—Annual Budget Resolution
c. Action on proposed Resolution No. 2023/2024-03 —Annual Five-Year Capital Plan Resolution
Mr. Williams presented for approval proposed Resolution No. 2023/2024-01 which is adopting,
amending, and restating the water and wastewater utility rates, Service Availability Policy, and Fire
Hydrant Meter Policy; Resolution No. 2023/2024-02—Adopting the Annual Budget, and Resolution No.
2023/2024-03 — Adopting the Annual Five-Year Capital Plan. After discussion, Mr. Hodges moved,
seconded by Mr. Gardella, and carried 6-0, to approve, adopt, and enact Resolution No. 2023/2024-01 —
Annual Rate Resolution and Service Availability Policy, as presented by Mr. Williams. After additional
discussion, Vice-Chairman Lebesch moved, seconded by Mrs. Taylor, and carried 6-0, to approve,
adopt, and enact Resolution No. 2023/2024-02 — Annual Budget Resolution, as presented. After further
discussion, Mr. Hodges moved, seconded by Mr. Petty, and carried 6-0, to approve, adopt, and enact
Resolution No. 2023/2024-03 — Annual Five-Year Capital Plan Resolution, as presented by Mr.
Williams. Resolution 2023/2024-01, Resolution 2023/2024-02, and Resolution 2023/2024-03 have an
effective date of October 1, 2023.
d. Settlement Agreement with Release — Clay County Utility Authority, Beach Construction Company,
Inc., DRMP, Inc. f/k/a Dyer, Riddle, Mills and Precourt, Inc. and William T. Smoot, P.E.
Mr. Williams presented a Settlement Agreement with Release — Clay County Utility Authority, Beach
Construction Company, Inc., DRMP, Inc. f/k/a Dyer, Riddle, Mills and Precourt, Inc. and William T.
Smoot, P.E. After discussion, Mr. Gardella moved, seconded by Vice-Chairman Lebesch, and carried 6-
0, to formally accept the Settlement Agreement with Release, as presented by Mr. Williams.
e. Florida's Government Under the Sunshine Law
Mr. Williams provided a brief review of CCUA's Public Records Policy and Government in the
Sunshine for the members of the Board.
f. Approval of Annual Private Attorney Services Agreements
1) Bachara Construction Law Group, P.A.
2) de la Parte, Gilbert, McNamara& Caldevilla, P.A.
Mr. Williams presented a request for approval of the Attorney Engagement Package with Bachara
Construction Law Group, P.A. and de la Parte, Gilbert, McNamara & Caldevilla, P.A. After discussion,
Mr. Hodges moved, seconded by Mr. Gardella, and carried 6-0, to approve the Attorney Engagement
Packages, as presented by Mr. Williams.
g. 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 4.7333, which when rounded to 4.75 equates to
an overall rating of 95%. Based on this score, Mr. Johnston would be entitled to a merit raise of 3%,
consistent with the existing Executive Director's Evaluation Policy and Procedures. After discussion,
October 3, 2023 6
Mr. Hodges moved, seconded by Mr. Gardella, and carried 6-0, to round the final results, adopt and
accept the Executive Director's Performance Evaluation, and approve a 3% merit increase based on
existing policy, as presented by Mr. Williams.
h. Other-None
Item No. 11 —Old Business/New Business -None
Item No. 12—Public Comment-None
Item No. 13 —Supervisor Comments
Mr. Petty said he appreciated the welcome and looks forward to serving on the Board.
Vice-Chairman Lebesch welcomed the new members and encouraged them to reach out to Mr. Johnston if they
have questions. She thanked staff for their efforts and shared everyone will miss Mr. Hodges.
Mr. Gardella said Mr. Johnston had a well-earned evaluation. He shared the proposed Capital Budget reflects
we will be ready for the growth, commented on the MOA and the coordination it took to bring it together, and
welcomed the new members. He also wished Mr. Hodges the best.
Mrs. Taylor shared she looks forward to serving on the Board.
Mr. Hodges congratulated Mr. Johnston on his evaluation, thanked staff for their efforts, and shared he has
enjoyed his time here at CCUA.
Chairman Starnieri shared he respects Mr. Hodges' decision, and everyone will certainly miss him. He also
welcomed Mrs. Taylor and Mr. Petty and said the appreciates being elected Chairman.
Item No. 14—Adjournment
Chairman Starnieri adjourned the meeting at 2:59 P.M.
James Stamen, Chairman
Janice Loudermilk, Recording Secretary
October 3, 2023 7