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HomeMy WebLinkAbout05.b Minutes 090225 Regular Session MINUTES CLAY COUNTY UTILITY AUTHORITY September 2, 2025 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 Lebesch called the meeting to order at 2:00 P.M. Item No. 2—Invocation/Pledge of Allegiance Vice-Chairman 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 Lebesch, Vice-Chairman McNees, Mr. Bourne, Mr. Hingst, Mr. McCall, 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 Karen Osbourne, Chief Engineer Darrell Damrow, Chief Human Resource Officer Kim Richardson, Assistant Chief Engineer Joe Paterniti, Service Availability Manager Melisa Blaney, Procurement Manager Angelia Wilson, Communications and Public Relations Specialist Ashley Taliaferro, Contract & Procurement Specialist Darrin Parker, Administrative Assistant Operations Alicia Ellis, High School Intern Reagan Hughes, and Grady H. Williams, Jr., legal counsel to the CCUA. Item No. 4—Approval of Minutes a. Board of Supervisors Regular Meeting,August 19, 2025 After discussion, Mrs. Taylor moved, seconded by Mr. McCall, and carried 7-0, to approve the minutes of the Regular Meeting held on August 19, 2025. Item No. 5 —Approval of Consent Agenda After discussion, Mrs. Taylor moved, seconded by Vice-Chairman McNees, and carried 7-0, to approve the Consent Agenda as follows; a. Approval of Financial and Operational Activities 1) Approval of Payment of Warrants Warrants totaling $2,302,916.76 a. Schedule of payments to Sole Sources—None 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. Statement from Grady H. Williams, Jr. LL.M. 2) Request for Asset Disposal Authorization 3) Sole Source Designation—None September 2, 2025 1 b. Approval of Capital Budget Activities 1) Requests for Award of Procurement Contracts and/or Ratification of Procurement/Construction Contracts or Contract Renewals a. Proposed Approval of Continuing Contracts Renewal for the Geotechnical Engineering and Testing Professional Services Contract RFQ No. 2022/2023-A21 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 CU24/25-27 — Wastewater Service to 3799 Irvin Court — Clay County Sheriff's Office Substation (Clay County Board of County Commissioners) — 4 ERC's wastewater, 4 ERC's environmental impact, 4 ERC's debt service - $20,716.80 2) Developer Agreement KU24/25-37 — Water Service to 1258 Clay Street (Jax PCS Properties, LLC) — 1 ERC water, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC debt service - $9,512.30 3) Developer Agreement MU24/25-22 — Bella Lago Subdivision, Phase 2B — Consisting of 74 Lots (Meritage Homes of Florida, Inc.) — 74 ERC's water, 74 ERC's wastewater, 74 ERC's reclaimed, 74 ERC's AWS, 74 ERC's SJRWMD, 74 ERC's debt service - $470,446.63 (deferred $408,708.44) 4) Developer Agreement RU24/25-6 — Water and Wastewater Service to 5774 Green Road (John and Jody Clarke) — 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $12,572.00 5) Grant of Easement—2178 Winchester Road—Grantor—Nicholas and Kristen Kafka 6) Grant of Easement—3799 Irvin Court—Grantor—Clay County, Florida 7) Grant of Easement—6376 & 6372 Swarthmore Drive—Grantor—Vuori Homes, LLC Item No. 6—Customer Account Adjustments -None Item No. 7 — Business discussed at committee meetings - Personnel Committee Meeting regarding the Executive Director's Evaluation for 2024/2025 Fiscal Year Personnel Committee Chairman Taylor shared the committee met prior to today's meeting to discuss the Executive Director's Evaluation for the 2024/2025 Fiscal Year. She also reminded the members to be sure to provide their completed evaluation form to Mr. Williams as requested. Item No. 8—Executive Director's Business a. Utility System Revenue and Refunding Bond, Series 2025 Recommendation Mr. Johnston introduced Jeremy Niedfeldt, Managing Director of PFM Financial Advisors LLC, (PFM) who addressed the Board regarding their recommendation relating to the recent RFP relating to the proposed Utility System Revenue and Refunding Bond, Series 2025. PFM was engaged by CCUA to serve as municipal advisor for the proposed issuance of a privately placed Utility System Revenue and Refunding Bond, Series 2025 (the "2025 Bond") in an amount not to exceed $110,500,000 to provide the Authority with funding for capital improvements, refund of the Series 2023 Bond, and pay for costs of issuance. The 2025 Bond is payable solely from and secured solely by a pledge of the net revenues of CCUA's Utility System and will be issued on parity with CCUA's Series 2012, 2015, 2019 and 2024 Notes under and pursuant to CCUA's Bond Resolution. Based on current market conditions, desire to move in an expedited manner, and reduced cost of issuance, PFM recommended the Authority pursue a September 2, 2025 2 privately placed direct bank loan, which in today's market was expected to be an efficient and cost- effective method of financing. All Authority debt currently outstanding is privately placed with a bank or issued as a State Revolving Fund loan. At CCUA's direction, following the Board's authorization to proceed, PFM distributed a Request for Proposals (RFP) on July 22, 2025. The RFP was sent to a list of local, regional and national financial institutions to identify the institution that could provide CCUA with a fixed rate term loan at the lowest overall borrowing cost, pursuant to certain conditions as determined by CCUA. Prior to the submittal deadline CCUA received three (3) proposals from the following firms: Capital One Public Funding, JPMorgan Chase, and Truist Commercial Equity, Inc. (Truist). Based on PFM's analysis of the proposals and final review and discussion with CCUA staff, Bond Counsel, and General Counsel, it was determined that Truist's proposed interest rate of 4.43% with optional redemption on or after May 1, 2030, offered the flexibility most favorable to the CCUA. The fixed interest rate will be held until closing date no later than October 11, 2025, which eliminates the risk of rising interest rates between the proposal submittal date and closing date. After discussion, Vice-Chairman McNees moved, seconded by Mr. Petty, and carried 7-0, to authorize PFM and staff to proceed with acceptance of the proposal from Truist. b. July 2025 Financial Package Chief Financial Officer Karen Osbourne presented the Financial Statements for July and reported operating income is $6,127,396 over budget due to a favorable revenue and favorable expense variance. Operating revenue is $1,002,608 over budget and operating expenses are $5,124,789 under budget. CCUA has gained 951 active water accounts and 934 active sewer accounts during fiscal year 2024/2025 After discussion, Mrs. Taylor moved, seconded by Mr. McCall, and carried 7-0, to accept the Financial Statements for July 2025, as presented by Ms. Osbourne. c. Proposed award of contract to Petticoat-Schmitt Civil Contractors, Inc. for the Meadowbrook Water Treatment Plant Improvements Project Assistant Chief Engineer Joe Paterniti and Procurement Manager Angelia Wilson presented a proposed award of contract for ITB 2024/2025-A10 to Petticoat-Schmitt Civil Contractors, Inc. for the Meadowbrook Water Treatment Plant (WTP) Improvements Project. Meadowbrook WTP is one of our oldest facilities which serves the Orange Park area. On July 7, 2025, staff publicly advertised the above- referenced project on CCUA's OpenGov Procurement Portal and in the Florida Times-Union. During the bid opening on August 14, 2025, CCUA received seven (7) bids. The Engineer of Record, Carollo Engineers, Inc., reviewed references and submitted information from the lowest bidder and recommended awarding the project to the qualified, responsive, and responsible lowest bidder, Petticoat- Schmitt. Staff developed the project budget for the Meadowbrook WTP Improvements in 2021 at $7,100.000. The property adjacent to the WTP became available in 2023, and the Board approved the purchase of the property for $173,266.08. Staff contracted with Carollo Engineers to conduct a preliminary study, final design, and services during construction of the WTP Improvements for $497,36.77. The funds remaining for the construction of the WTP improvements are $6,429,364.77. These remaining funds are sufficient to cover Petticoat Schmitt's construction bid in the amount of $5,179,000. Any remaining funds after construction is complete will be returned to the CIP Management Reserve account. After discussion, Mr. Hingst moved, seconded by Mrs. Taylor, and carried, 7-0, to approve the associated Bid Documents, award of the contract as presented, and approval of deductive change orders and owner-direct purchase orders to save sales taxes on major materials and equipment, as authorized by the Executive Director or his designee, and as recommended by the Chief Engineer. September 2, 2025 3 d. Proposed Software Licensing, Maintenance and Support Agreement with Sages Networks, Inc. Service Availability Manager Melisa Blaney and Mrs. Wilson presented a proposed Software Licensing, Maintenance and Support Agreement with Sages Networks, Inc. for a cloud-based platform for plan review, permitting, inspections, and related workflows. The Board WITHOUT OBJECTION directed staff to clarify and document in the contract the anticipated renewal rates after the initial five-year period, by providing a contractual fee escalation clause to protect CCUA from unexpected or unacceptable future fee increases after the initial contract period. e. Capital Improvement Program Plan Development and Management Software Update Assistant Chief Engineer Joe Paterniti shared with the Board, staff is looking to obtain a software platform to assist with CCUA's Capital Improvement Program project development and management. This report was for the Board's information only; no action was requested or required at this time. f. West Wing Administration Building Board Tour After the meeting was adjourned, Mr. Johnston provided a brief tour of the new operations wing for staff and members of the Board. g. Other Mr. Johnston reminded the members the Public Rate Hearing will be held on Monday, September 8, 2025, at 7:00 P.M. He also introduced CCUA's new Chief Engineer, Darrell Damrow. Item No. 9—Legal Business a. Other-None Item No. 10—Old Business/New Business -None Item No. 11 —Public Comment-None Item No. 12—Supervisor Comments Chairman Lebesch thanked everyone for the preparation of the materials and presentations for the meetings today. Item No. 13 —Adjournment Chairman Lebesch adjourned the meeting at 2:49 P.M. Anna Lebesch, Chairman Janice Loudermilk, Recording Secretary September 2, 202 4