HomeMy WebLinkAboutminutes 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
.2 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,
ce
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.
April 18, 2023 1
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 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. 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
April 18, 2023 2
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.
April 1 8, 2023 3
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. Starneri 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
April 18, 2023 4
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
Janice Loudermilk, Recording Secretary
5