HomeMy WebLinkAbout04.a Minutes 020624 MINUTES
CLAY COUNTY UTILITY AUTHORITY
February 6, 2024
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 Starnieri called the meeting to order at 2:00 P.M.
Item No. 2—Invocation/Pledge of Allegiance
Mr. McNees offered the Invocation and led those in attendance in the Pledge of Allegiance.
Item No. 3—Roll Call
Roll Call was taken with Chairman Starnieri, Vice-Chairman Lebesch, Mr. Gardella, Mr. Hingst, Mr. McNees,
Mr. Petty, and Mrs. Taylor 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, Assistant COO/Distribution & Collection General Superintendent David Rawlins, Water General
Superintendent Ross Bland, Service Availability Manager Melisa Blaney, Senior Service Availability Engineer
Darrell Damrow, Public & Governmental Affairs Liaison Dennis Ragosta, Procurement Manager Angelia
Wilson, Contract and Procurement Specialist Darrin Parker, Administrative Assistant Operations Alicia Baker,
Administrative Assistant Engineering Annecia Asberry, and Grady H. Williams, Jr., legal counsel to the CCUA.
Item No. 4—Approval of Minutes
a. Board of Supervisors Regular Meeting, January 16, 2024
After discussion, Mrs. Taylor moved, seconded by Mr. Gardella, and carried 7-0, to approve the minutes
of the Regular Meeting held on January 16, 2024.
Item No. 5—Approval of Consent Agenda
After discussion, Mr. McNees moved, seconded by Mrs. Taylor, and carried 7-0, to approve the Consent
Agenda as follows;
1) Approval of Payment of Warrants
Warrants totaling $5,690,851.54
a. Schedule of payments to Sole Sources
b. Schedule of Emergency Repairs/Purchases
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
February 6, 2024 1
a. Proposed Third Renewal for the Chemical Supplier Contract ITB#20/21-A5
2) Approval of Supplemental Agreements and Change Orders
a. Proposed Supplemental Agreement No. 17 to the Civil and Environmental
Engineering Professional Services Agreement 2018/2019 RFQ No. 3 for Jones
Edmunds & Associates, Inc., to provide Professional Engineering Services for the
Lift Station#20 Upgrade
b. Proposed Amendment No. 1 to Supplemental Agreement No. 15 to the Civil and
Environmental Engineering Professional Services Agreement 2018/2019 RFQ No. 3
for Jones Edmunds & Associates, Inc., to provide Additional Engineering Analysis
and Design of a Second Entrance to the Mid-Clay Wastewater Treatment Facility
c. Approval of Financing Requests -None
d. Approval of Contract Usage—None
e. Approval of Developer Agreements, Warranty Deeds &Easements
1) Developer Agreement CU23/24-7 — Clay Town Center — Lot 7 and 8 — 1690 Jeremiah
Street Clay Town Center Village, LLC) — 5 ERC's water, 5 ERC's wastewater, 3 ERC's
reclaimed, 5 ERC's AWS, 5 ERC's SJRWMD, 5 ERC's debt service - $37,713.60
2) Developer Agreement CU23/24-8 — Clay Town Center — Lot 9 — 1660 Jeremiah Street
(Clay Town Center Village, LLC) — 3 ERC's water, 3 ERC's wastewater, 1 ERC
reclaimed, 3 ERC's AWS, 3 ERC's SJRWMD, 3 ERC's debt service - $22,590.24
3) Developer Agreement KH23/24-4 — Water Service to 770 SE 41st Street (Cody West
Construction, Inc.)— 1 ERC water, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC debt service -
$4,367.42
4) Developer Agreement KH23/24-5 — Wastewater Service to 475 Oriole Street (James and
Vanessa Alcott)— 1 ERC wastewater, 1 ERC environmental impact, 1 ERC debt service -
$5,109.33
5) Developer Agreement KU23/24-14 — Wastewater Service to 837 Floyd Street
(Christopher and Alicia Kaczmarczyk) — 1 ERC wastewater, 1 ERC environmental
impact, 1 ERC debt service - $14,232.68 ($13,390.68 financed)
6) Developer Agreement KU23/24-16 KFC Restaurant — 393 Tanglewood Boulevard
(Marketplace 20, LLC) - 3 ERC's water, 1 ERC wastewater, 3 ERC's AWS, 3 ERC's
SJRWMD, 1 ERC environmental impact- $9,546.89
7) Developer Agreement KU23/24-17 — Water and Wastewater Service to 4698 Pinegate
Road (Frankie and Tammy Daniel) — 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1
ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $20,484.87
8) Developer Agreement KU23/24-18 — Water and Wastewater Service to 880 and 890
Fleming Street (PBP Homes, Inc.)—2 ERC's water, 2 ERC's wastewater, 2 ERC's AWS,
2 ERC's SJRWMD, 2 ERC's environmental impact, 2 ERC's debt service - $26,077.32
9) Grant of Easement—475 Oriole Street—Grantor—James and Vanessa Alcott
10 Grant of Easement—2875 Ravines Road—Grantor—Sherri and Joseph Buchholz
11 Grant of Easement—3132 Jeremys Drive—Grantor—D. Anderson Development Inc.
12 Quit Claim Deed— Sugar Leaf Farms Lift Station #192 — Grantor—Richmond American
Homes of Florida, LP
Item No. 6—Customer Account Adjustments—None
Item No. 7—Executive Director's Business
a. 2022/2023 Biennial Engineering Evaluation and Report Professional Engineering Services Agreement /
RFQ 23/23-A20
Executive Director Jeremy Johnston introduced and presented Ms. Kelly Smith of Kimley Horn and
Associates, Inc. (KHA) who reviewed the 2022/2023 Biennial Engineering Evaluation and Report.
CCUA's Florida Utility System Revenue Bond Resolution requires the preparation of a Biennial Report.
This Resolution requires CCUA to contract with a consulting Engineer every two years to complete the
report. The Resolution also requires the consulting Engineer provide recommendations and comments
regarding the utility system maintenance, repair, operations, expansion, future service demands, and
efforts to ensure adequate funding of the utility. KHA was selected based on their response to RFQ
2022/2023-A20 for preparation of CCUA's Biennial Engineering Evaluation and Report at the July 5,
2023, meeting. Staff negotiated and executed a continuing contract with KHA to provide biennial
February 6, 2024 2
engineering services. Supplemental Agreement No. 1 was authorized on August 1, 2023, for preparation
of the 2022/2023 Biennial Report. Ms. Smith reviewed their findings, the information included in the
report, and answered questions from members of the Board. This report was for the Board's information
only; no action was requested or required.
b. Proposed Second Reinstatement and Renewal to the Memorandum of Understanding (Contract 33850)
between the SJRWMD and CCUA and the Lease Agreement between CCUA and Sustainable Water
Investment Group Doctors Lake, LLC (SWIG) for the Doctors Lake Advanced Effluent Treatment
Project at the Fleming Island Wastewater Treatment Facility
Service Availability Manager Melissa Blaney presented the proposed Second Reinstatement and
Renewal to the Memorandum of Understanding (Contract 33850) between the SJRWMD and CCUA
and the Lease Agreement between CCUA and Sustainable Water Investment Group Doctors Lake, LLC
(SWIG) for the Doctors Lake Advanced Effluent Treatment Project at the Fleming Island Wastewater
Treatment Facility. Anne Elise Wester, PE, Ph.D Supervising Professional Engineer with the SJRWMD
and Vince Seabold, PE, MBA of SWIG addressed the Board regarding the success of this program. The
Board approved the Memorandum of Understanding (MOU) with the St. Johns River Water
Management District (SJRWMD) and the CCUA Lease Agreement with SWIG at the meeting on
December 18, 2018. The SJRWMD selected, with CCUA staff participating, the SWIG as the vendor for
this project. SWIG completed the construction and began the operation of the phosphorus removal
project in June 2020. Representatives of SWIG reported their progress and performance at the meeting
on January 19, 2021. Staff considers the results of the phosphorus removal by SWIG's filter media beds
impressive. The SJRWMD presented to CCUA staff a proposed Amendment to the MOU to extend the
operation of SWIG's phosphorus removal project, which was renewed on January 17, 2023, and ending
on July 31, 2026. The SJRWMD has not proposed any other changes to the approved MOU. Staff
supports continuing the SWIG phosphorus removal project under the terms of the approved MOU and
Lease Agreement ending July 31, 2026. After discussion Mr. McNees moved, second by Vice-Chairman
Lebesch, and carried 7-0, to approve execution of the Second Reinstatement and Renewal to the
Memorandum of Understanding (Contract 33850), as presented.
c. Request for approval and execution of an Amended and Restated Water, Wastewater, and Reclaimed
Water Infrastructure for Phase I, of the Improvements of Brannan Mill Boulevard agreement with BFC
Partnership, Limited
Ms. Blaney presented a request for approval and execution of an Amended and Restated Water,
Wastewater, and Reclaimed Water Infrastructure for Phase I, of the Improvements of Brannan Mill
Boulevard agreement with BFC Partnership, Limited. CCUA collaborated with Clay County's Board of
County Commissioners (BCC) through an Interlocal Agreement for the design and construction of
utility infrastructure along with the first phase of roadway construction to take advantage of the cost
savings in completing the work at the same time. This Interlocal Agreement consisted of the BCC and
CCUA providing funding to design and construct a portion of the roadway and utilities required to
access the 752.04-acre site along Brannan Mill Boulevard n/k/a Atlantis Drive. After the Interlocal
Agreement was accepted by BCC and CCUA, CCUA entered into an Agreement with BFC Partnership,
Limited to install central water, wastewater, and reclaimed water infrastructure within Phase I. To
recover the actual infrastructure cost incurred by CCUA, BFC agreed that CCUA will be paid a per acre
charge based on the actual costs incurred by CCUA, divided by the number of developable acres within
Phase I. This was executed on February 7, 2017, and to date, CCUA has recovered a total of
$647,315.03 (principal and interest). Staff received a request from BFC in November 2023 to modify the
property boundary for Phase I of the original Agreement dated February 7, 2017. Both parties agreed to
amend the 2017 agreement to modify the Phase 1 property boundary, infrastructure cost, and per-acre
charge calculation. Additionally, it reflects CCUA's fulfillment of its obligation to install the utility
infrastructure in accordance with the provision in the original agreement and the Interlocal Agreement
with the BCC. The proposed Amendment and Restatement agreement reflects the revised Phase I
February 6, 2024 3
boundary, illustrates CCUA's reimbursement for infrastructure cost and per acre calculation, and reflects
CCUA's fulfillment of its obligation to install and provide central water, wastewater, and reclaimed
water service within Phase I of the original Agreement. Additionally, the Amendment and Restatement
agreement documents properties within Phase I that have previously paid CCUA's per acre
calculation/reimbursement cost. After discussion, Mr. Gardella moved, seconded by Mr. Petty, and
carried 7-0, to approve execution of the Agreement, as presented.
d. Request for approval of the Utility Crossing and Encroachment Agreement Between JEA and CCUA
associated with the Peters Creek Pipelines Project
Ms. Blaney presented a request for approval of the Utility Crossing and Encroachment Agreement
between JEA and CCUA associated with the Peters Creek Pipelines Project. CCUA's contractor will
install a 16" reclaimed water main and a 16" force main to support the development in the area. These
pipelines will cross a JEA gas line, and CCUA has requested JEA's consent for a proposed crossing of
their existing 16" natural gas pipeline and ancillary facilities for their Natural Gas Pipeline Easement
(Easement) along the Peters Creek Pipelines Project route. The agreement will provide CCUA with the
approval to install and maintain the proposed infrastructure within the easement property. The pipeline
installation will occur within a 50-ft wide corridor identified by both CCUA and its engineer of record
(Adurra), which is identified as a "50' JEA Gas Pipeline Easement (Tract 23.000) O.R. 3486 Pg. 1349
easement in the design drawings which are attached to the subject agreement as Exhibit "B". The rights
of use for the easement area are for the construction, installation, inspection, maintenance, and repair of
the water and wastewater transmission pipelines. JEA will continue to retain the rights to the permanent
Easement area. After discussion, Vice-Chairman Lebesch moved, seconded by Mr. McNees, and carried
7-0, to approve execution of the Agreement, as presented.
e. Ratification of the Encroachment Agreement Between Clay Electric Cooperative, Inc. and CCUA
associated with the FCE Storage project, located at 1661 Blanding Boulevard, Middleburg, Florida
Ms. Blaney presented for ratification an Encroachment Agreement between Clay Electric Cooperative,
Inc. (CCECI) and CCUA associated with the FCE Storage project, located at 1661 Blanding Boulevard,
Middleburg, Florida. CCUA has requested CECI's consent to utilize a portion of their easement across
the adjoining property for a 4" force main and a 10" water main being installed by Middleburg SS, LLC
the Developer's contractor and, upon final acceptance, will be dedicated to CCUA for ownership and
future maintenance. The agreement will provide CCUA with the consent to install and maintain the
proposed infrastructure within the CECI property of easement. The pipeline installations will occur
within the 35-ft wide CECI corridor, which is identified as an easement in the design drawings which
are attached to the subject agreement. The rights of use for the easement area are for the construction
and installation, inspection, maintenance, and repair of the water and wastewater pipelines. CECI will
continue to retain the rights to the permanent easement area. After discussion, Mr. McNees moved,
seconded by Mrs. Taylor, and carried 7-0, to ratify the agreement, as presented.
f. Ratification of Executive Director actions for the Emergency located at 349 Blanding Boulevard
Chief Operations Officer Daryl Muse presented for ratification the Certificate of Executive Director for
Emergency Actions and Procurements associated with the emergency event which occurred on January
10, 2024, at 349 Blanding Boulevard, Orange Park, Florida. After discussion, Mr. McNees moved,
seconded by Mr. Petty, and carried 7-0, to ratify the actions of the Executive Director as presented.
g. Clay Day Legislative Highlights Presentation
Mr. Johnston provided a presentation regarding the 2024 Clay Day Legislative Highlights and discussed
CCUA's sponsorship and support level for this year's event. He also shared a recommendation for
support of the 2025 event will be presented during the 2024/2025 Fiscal Year budget process.
February 6, 2024 4
h. Audit and Finance Committee Meeting on February 20, 2024, at 1:00 P.M.
Mr. Johnston reminded the members there will be an Audit and Finance Committee meeting held on
February 20, 2024, at 1:00 P.M. for the presentation of and discussion regarding the annual audited
financial statements which were prepared by James Moore & Company.
i. Other
Chief Engineer Paul Steinbrecher presented and discussed the FYI handout item which was at each
member's station regarding the Alternative Access Approval Agreement between Governors Park
Holdings and CCUA: Peters Creek Water Reclamation Facility (PC WRF) Pipeline. No action was
requested or required on this agreement.
Mr. Johnston informed the Board CCUA's Consumptive Use Permit renewal is still in process and the
only thing remaining is to address the Suwannee River MFL's.
Item No. 8—Business discussed at Committee Meetings -None
Item No. 9 Legal Business
a. Other
Mr. Williams informed the members voluntary ethics training is available through the Florida
Commission on Ethics and the Attorney General's Office through the links provided in the attachment
located in the For Your Information section of the agenda.
Item No. 10—Old Business/New Business -None
Item No. 11 —Public Comment-None
Item No. 12—Supervisor Comments
Mr. Hingst expressed his gratitude for the tour and shared he is looking forward to the next one.
Mrs. Taylor thanked everyone for their efforts.
Mr. Gardella shared how much he enjoyed reviewing the Engineering Report and said he is very proud to be a
part of this organization.
Vice-Chairman Lebesch echoed Mr. Gardella's comments.
Mr. McNees said he appreciates seeing the comments from our customers when our staff exceed their
expectations.
Mr. Petty thanked Kimley Horn's staff for their efforts in completing the Engineering Report.
Chairman Starnieri expressed he is very proud of CCUA's leadership and staff
Item No. 13 —Adjournment
Chairman Starnieri adjourned the meeting at 3:12 P.M.
James Starnieri, Chairman
Janice Loudermilk, Recording Secretary
February 6, 2024