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HomeMy WebLinkAbout05.a Minutes 040726 MINUTES CLAY COUNTY UTILITY AUTHORITY April 7, 2026 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 McNees called the meeting to order at 2:00 P.M. Item No. 2—Invocation/Pledge of Allegiance Mrs. Taylor offered the Invocation and led those in attendance in the Pledge of Allegiance. Item No. 3 —Roll Call Roll Call was taken with Chairman McNees, Vice-Chairman Petty, Mr. Bourre, Mr. Hingst, Ms. Lebesch, Mr. McCall, 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, Assistant Chief Engineer Joe Paterniti, Development Services Manager Melisa Blaney, Procurement Manager Darrin Parker, Customer Service and Billing Manager Diana Strickland, Communication & Public Relations Specialist Ashley Taliaferro, Contract & Procurement Specialist Countney Hinson, Administrative Assistant Operations Alicia Ellis, Administrative Assistant Engineering Annecia Asberry, and Grady H. Williams, Jr., legal counsel to the CCUA. Item No. 4—Clay Electric Cooperative—Capital Credits Refund Executive Director Jeremy Johnston introduced Clay Electric Cooperative's Member Relations Representative, Steve Hollingsworth, who presented to the Board a Capital Credits Refund in the amount of$55,893.96. Item No. 5 —Approval of Minutes a. Board of Supervisors Regular Meeting, March 17, 2026 After discussion, Ms. Lebesch moved, seconded by Mr. McCall, and carried 7-0, to approve the minutes of the Regular Meeting held on March 17, 2026. Item No. 6—Approval of Consent Agenda After discussion, Mrs. Taylor moved, seconded by Mr. Hingst, 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 $3,441,400.67 a. Schedule of payments to Sole Sources—None April 7, 2026 1 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 -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 a. Proposed Supplemental Agreement No. 7 to Master Contract RFP No. 2021/2022- A05 for TankRehab.com LLC to provide Ground Storage Tank Inspections, Cleanings and Repairs at Six Water Treatment Plants - ITB No. 2021/2022-A28 b. Proposed Change Order No. 2 with Petticoat Schmitt Civil Contractors for the removal of a GST at Meadowlakes WTP and Additional Geotechnical Evaluation at our Meadowbrook WTP project. c. Approval of Financing Requests—None d. Approval of Contract Usage (1) Sourcewell Contract No. 031924-SPT (Wireless Voice & Data Services, Equipment, Solutions) e. Approval of Developer Agreements, Warranty Deeds & Easements 1) Developer Agreement KU25/26-22 — Water and Wastewater Service to 1316 Clay Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $22,618.40 2) Developer Agreement KU25/26-23 — Water and Wastewater Service to 1326 Clay Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $ 22,618.40 3) Developer Agreement KU25/26-24 — Water and Wastewater Service to 1334 Clay Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $22,618.40 4) Developer Agreement KU25/26-25 — Water and Wastewater Service to 1340 Clay Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $22,618.40 5) Developer Agreement KU25/26-26 — Water and Wastewater Service to 1352 Clay Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $22,618.40 6) Developer Agreement KU25/26-27 — Water and Wastewater Service to 1343 Fleming Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $16,501.42 7) Developer Agreement KU25/26-28 — Water and Wastewater Service to 1335 Fleming Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $16,501.42 8) Developer Agreement KU25/26-29 — Water and Wastewater Service to 1327 Fleming Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $16,501.42 9) Developer Agreement KU25/26-30 — Water and Wastewater Service to 1319 Fleming Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $16,501.42 10) Developer Agreement KU25/26-31 — Water and Wastewater Service to 1311 Fleming Street (WJHFL LLC, d/b/a WJH LLC)— 1 ERC water, 1 ERC wastewater, 1 ERC AWS, 1 ERC SJRWMD, 1 ERC environmental impact, 1 ERC debt service - $16,501.42 11) Grant of Easement — 215 N. Lawrence Boulevard — Grantor — O'Reilly Automotive Stores, Inc. April 7, 2026 2 12) Grant of Easement — 3210 Old Jennings Road (Fire Station No. 1) — Grantor — Clay County Board of County Commissioners 13) Grant of Easement—6293 & 6297 1st Avenue—Grantor—7S Ventures, 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. February 2026 Financial Package Chief Financial Officer Karen Osbourne presented the Financial Statements for February 2026 and reported Operating Income is $927,992 (10%) over budget due to an unfavorable revenue and a favorable expense variance. Operating Revenue is $1,214,911 (4%) under budget and Operating Expenses are $2,142,904 (10%) under budget. CCUA has gained 371 active water accounts and 388 active sewer accounts during fiscal year 2025/2026. After discussion, Vice-Chairman Petty moved, seconded by Mrs. Taylor, and carried 7-0, to accept the Financial Statements for February 2026, as presented by Ms. Osbourne. b. Water Bill Penalty and Service Disconnection Exemption Policy Update Due to Government Shutdown Customer Service and Billing Manager Diana Strickland presented information regarding a proposed update to the Federal Government Shutdown Exemption Policy. During periods of a federal government shutdown, employees who are furloughed or are not receiving pay, may face challenges in meeting their utility payment obligations. On October 21, 2025, the Board approved a temporary policy allowing eligible federal employees to receive a waiver of late payment penalties, exemption from water service disconnection, and flexible payment plans. Staff requested the Board's approval of a permanent policy to address the issue during federal government shutdowns. This update authorizes CCUA management to implement this exemption policy automatically for current and future federal government shutdowns. The Board's approval will no longer be required on a case-by-case basis, ensuring consistent and timely support for affected customers. The benefits, eligibility requirements, and application process of the original policy remain unchanged. After discussion, Mr. McCall moved, seconded by Mr. Bourre, and carried 6-0, (Chairman McNees abstained, Form 8B filed)to approve the policy update as presented. c. Deductive Change Order No. 5 with KBT Contracting Corp., for New Administration Building Expansion and Site Improvements Chief Operations Officer Darryl Muse presented for consideration deductive Change Order No. 5 with KBT Contracting Corp., for Bid No. 2021/2022-All -New Administration Building Expansion and Site Improvements. Staff requested authorization from the Board to execute Change Order No. 5 to the construction contract with KBT Contracting Corp, for the project identified above, which reflects a contract deduction associated with the assessment of liquidated damages. The project exceeded the contractual completion time, resulting in the assessment of liquidated damages in accordance with the terms and conditions of the construction contract. Liquidated damages were calculated at a rate of$500, per day for a total of 435 calendar days beyond the initial contract completion date and requests for additional time granted in previously approved Change Orders. Accordingly, Change Order No. 5 provides a deductive adjustment for $217,500, to reconcile the contract value with the assessed liquidated damages. This adjustment is administrative in nature and reflects the enforcement of contract April 7, 2026 provisions related to project schedule performance. The change does not modify the project scope and represents the final reconciliation of contract time and associated costs. In conjunction with this Change Order, Pay Application No. 29 (Final) reflects the Engineer's certified amount based on the adjusted contract value, inclusive of all liquidated damages. After discussion, Mr. McCall moved, seconded by Vice-Chairman Petty, and carried 7-0, grant authorization to execute Change Order No. 5 to the construction contract with KBT Contracting Corp, for Bid No. 2021/2022-All -New Administration Building Expansion and Site Improvements, which reduces the contract value by $217,500, and to process Pay Application No. 29 (Final) consistent with the Engineer's certified amount, as presented. d. Other Mr. Johnston shared per the June 1st deadline in CCUA's Enabling Legislation, the tentative 2026/2027 Fiscal Year Budget will be provided to the Board at the last meeting in May. Item No. 10—Legal Business a. Other Mr. Williams shared with the Board the Glenhaven Homeowner's Association, has filed suit against CCUA regarding the access driveway to the Mid-Clay WRF, but as of today, we have not been officially served the court documents. The case will be handled by counsel provided by CCUA's liability insurance carrier and updates will be provided in the Quarterly Claims Report. Item No. 11 —Old Business/New Business -None Item No. 12—Public Comment-None Item No. 13 — Supervisor Comments Chairman McNees thanked staff for their efforts in preparing and presenting the agenda and the supporting documentation for today's meeting. He also complemented Mrs. Taliaferro on the most recent issue of the Pipeline newsletter. Item No. 14—Adjournment Chairman McNees adjourned the meeting at 2:23 P.M. Michael C. McNees, Chairman Janice Loudermilk, Recording Secretary April 7, 2026 4