Gainesville Regional Utilities Authority

Gainesville Regional Utilities Authority MINUTES August 7, 2024, 5:30 p.m. GRU Administration Building 301 SE 4th Avenue Gainesville, Fl 32601 Members Present: Craig Carter, Vice-Chair Haslam, Chair Lawson, Robert Skinner _____________________________________________________________________ A. CALL TO ORDER Chair Carter called the meeting to order at 5:31PM B. ROLL CALL C. INVOCATION The invocation was given by Vice Chair Haslam D. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice Chair Haslam E. ADOPTION OF THE AGENDA Motion: Director Carter made the motion to accept the agenda as written. Second: Director Skinner seconded the motion. Public Comment: Jim Konish suggested to remove the CEO Contract item from the consent agenda and place it on the regular agenda for public comment and vote. Chuck Ross addressed the Board and agreed with previous concerns Dr. Bobby Mermer addressed the Board and agreed with previous concerns Donald Shepherd addressed the Board and agreed with previous concerns 1  Roberta Gasmire (sp?) Thanked GRU for their prompt handling of all things storm related and addressed the Board and agreed with previous concerns Fmr City Commissioner, Susan Bottcher addressed the Board and agreed with previous concerns Tyler Forrest addressed the Board and agreed with previous concerns Kim Popejoy addressed the Board and agreed with previous concerns and encouraged each Board member to resign Mike Bertha thanked the Board for a job well done. Director Carter sought direction from Attorney Scott Walker who suggested amending the consent agenda. Motion made by Director Carter to amend the Consent Agenda and pull the CEO/GM Contract from the Consent Agenda and place as an item, following the Consent Agenda. Second by Director Skinner Motion Passes with all in favor. No nays. F. APPROVAL OF MINUTES 1. Approval of Minutes from the June 26, 2024 Meeting Motion: Director Carter made a motion to accept the minutes as written Second: Vice Chair Haslam seconded the motion Public Comment: Dr. Bobby Mermer addressed the Board concerning minutes from June 26, 2024 Donald Shepherd addressed the Board concerning minutes from June 26, 2024 Clarification was stated by Director Carter that he was never unappointed from the Board. His resignation from the former Board was to take place once another board member was appointed. He was reappointed.to the second appointment. Motion Passes with all in favor. No nays. 2 G. CHAIR COMMENTS Chair Lawson thanked all of GRU for their handling of all things storm related concerning Hurricane Debby. Chair Lawson explained the process he went through in helping to draw up the CEO Contract, addressing the Board, as well as the public. He further stated he felt it was of great importance to add stability to GRU customers and employees. This would not be served well by going out for a nationwide search for another CEO. H. GENERAL PUBLIC COMMENT Jim Konish (handout to Board members) gave brief presentation to the Board. Donald Shepherd addressed the Board with concerns Chuck Ross (Handout to Board) and discussed with the Board. I. CONSENT AGENDA Post revision of the Consent Agenda, removing CEO Contract and placing it on the regular agenda, the only item to discuss was item 2, 2024-598 Annual HVAC Preventative Maintenance and Repair. Motion: Director Carter made the motion to accept the Consent Agenda, as amended, with just the 2024-598 Annual HVAC Preventative Maintenance and Repair. Second: Director Skinner seconded the motion. Passes: Unanimously. No nays. 1. 2024-558 Contract for GRU CEO (B) Motion: Director Carter made a motion to accept the CEO Contract as written Second: Vice Chair Haslam seconded the motion Public Comment: Jim Konish cautioned legalities of contract Dr. Bobby Mermer urged Board to vote "no" on Contract Chuck Ross offered suggestion on amending the contract. Donald Shepherd supported previous comment Roberta Gasmire supported previous comment 3  Tyler Forest adamantly against contract as being presented. Fmr City Commissioner Susan Bottcher suggested tabling contract until December meeting. Fells voting now reflects negatively on current Board. Jeffrey Shapiro agrees with all comments made by the public. Attorney Kiersten Ballou stated Folds Walker had reviewed the contract and saw no issues with it as it is written. Motion Passes unanimously. No nays Recommendation: The GRU Authority approve as written. 2. 2024-598 Annual HVAC Preventative Maintenance and Repair (B) Motion: Director Carter made a motion to accept the consent agenda with Item#2024-598 solely Second: Director Skinner seconded the motion Recommendation: The GRU Authority Board: 1) authorize the Chief Executive Officer, or his designee, to execute a contract with Johnson Controls, Inc., for annual preventative maintenance and repair of GRU’s HVAC systems and 2) approve the issuance of purchase orders to Johnson Controls, INC, in an amount not to exceed $900,000.00 annually for fiscal year 2025 and for subsequent years of the contract, pending final appropriation of funds for each year. Motion Passes unanimously. No nays J. CEO COMMENTS CEO Bielarski discussed the restoration efforts by GRU employees and gave recap of Hurricane Debby with measures taken by each department K. ATTORNEY COMMENTS No comments L. RESOLUTIONS (Roll Call Required) 1. 2024-557 Resolution Authorizing the CEO and Certain Other Authorized Officers to Negotiate and Execute Upcoming Potential Financial Transactions Subject to the Prescribed Execution Parameters and Timeframes (B) Full title of the resolution was read into the record. 4  CEO Bielarski offered explanation of Resolution and what it encompasses A presentation was made by Finance Director Mark Benton. Motion: Director Carter motioned to accept Resolution 2024-557 as stated Second: Director Skinner seconded the motion. Public Comment: Jim Konish Donald Shepherd CFO Claudia Rasnick addressed the Board with encouragement of the financial strides GRU is making on the current path. Roll call vote was taken. Director Skinner: Yes Director Carter: Yes Vice Chair Haslam: Yes Chair Lawson: Yes Motion Passes: unanimously. No nays Recommendation: The GRU Authority (1) Adopt the proposed resolution and (2) Authorize the CEO or certain other authorized officers to negotiate and execute the listed transactions within the prescribed execution parameters and timeframes. M. BUSINESS DISCUSSION ITEMS 1. 2024-593 Financial Update: October 1, 2023 through June 30, 2024 (B) CEO Bielarski addressed the item. Finance Director Mark Benton gave presentation. Presentation heard and brief discussion between Board members ensued No vote was necessary. Recommendation: Informational only. 2. 2024-599 GRUA’s Opinion Request to Florida’s Attorney General (B) 5 CEO Bielarski reminded that the Board has been seeking clarity regarding the Referendum that's to be place on the November ballot by the City. On behalf of GRUA, he recommends the Board seek additional clarity with the Attorney General, understanding the AG is under no obligation to respond. A recap of what the letter states is presented to the Board: Impact of proposed Referendum on the City and the Authority's ability to hire independent counsel. Letter addresses questions clearly. Board discussed item, Motion: Director Carter made a motion to adopt 2024-599 as stated Second: Vice Chair Haslam seconded the motion Public Comment: Jim Konish discouraged the submission of letter. Donald Shepherd requests a copy of entire agenda with back up (Given to him following adjournment) Director Skinner sought clarification as to previous letter that was mailed to the Florida's Attorney General Attorney Kiersten Ballou stated the only received notification that the letter was received. Director Carter questioned of the attorneys, if the Board had any avenue to proactively intercede with the Referendum going to ballot, if the attorneys feel it is an unlawful move by the City Commissioners. Scott Walker stated the Board has the ability to file an action and it could be found in declaratory relief, requesting this measure be deemed improper. He expounded on his reasoning for his belief, referencing another current case. Director Carter feels it is in the best interest of our GRU customers for the Board to address this issue with a lot of energy and expend every effort available to the Board. Chair Lawson sought guidance on whether the Board had legal standing to file a lawsuit. Attorney Walker feels the Board does have legal standing. Chair Lawson sought direction as to how to proceed. 6  Attorney Walker will bring back additional information at the next meeting. Discussion ensued and direction was given by the Board, to CEO Bielarski to schedule an emergency public meeting to address this issue prior to the regular GRUA Board's September 4, 2024, meeting. Motion Passed: Unanimously No nays were given. Recommendation: The GRU Authority authorize the Chair to execute the attached letter requesting an opinion from the Florida Attorney General along with all needed administrative forms. N. DIRECTOR COMMENT Director Skinner addressed previous comments made by a public comment. SLAs and other issues are still on the Board's radar, The Board is having to address the most concerning issues first. Director Carter spoke, giving update on his son's health. Vice Chair Haslam encouraged public to be patient and kind and the Board will make the decisions based on what they collectively feel is best for GRU and the citizens of Gainesville, even though they may not always agree. Chair Lawson thanked all the Board Members for all the time they put into being prepared for the meetings and to CEO Bielarski and his team for all that was done to make this a successful meeting. O. ADJOURNMENT Chair Lawson adjourned the meeting at 7:16PM _________________________ Tracie OSteen, GRUA Staff Liaison 7