MINUTES OF MEETING
NORTH SPRINGS IMPROVEMENT
DISTRICT
A meeting of the Board of Supervisors of the North Springs Improvement
District was held on
Present and constituting a quorum were:
Steve Mendelson
President
David Gray
Vice President
Vincent Moretti
Secretary
Also present were:
Edward Goscicki
Interim District Manager (Via Telephone)
Brenda Schurz
Dennis Lyles
Attorney
Jane Early
Engineer
John McKune
Capital Improvement Coordinator
Doug Hyche
Utilities Director
Nick Schooley
Drainage Supervisor
Rod Colon
Chief Operator
Cory Johnson
CH2M Hill
Stephen Bloom
Terri Lusk
Corissa Millonig
Paula Davis
Rita Stokes
Tony Ornelas
Arbor Tree and Land
William Hodges
Arbor Tree and Land
Robert Acuna
Arbor Tree and Land
Glenn S. Cameron
Attorney for Arbor Tree and Land
Joe Sabino
Jonathon Gart
LM Development
Brian DeGirolmo, PE
DeGirolmo & Associates
Warren Craven
Craven Consulting
The following is a summary of the minutes and actions taken at the
FIRST ORDER OF BUSINESS
Roll Call
Ms. Schurz called
the meeting to order and called the roll.
SECOND ORDER OF BUSINESS
Approval of the Minutes of the February 6, 2008
Meeting
Ms. Schurz stated each Board member received a copy of the minutes of the
There not being any,
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor the minutes of the
THIRD ORDER OF BUSINESS
Supervisors’ Requests and Audience Comments
Mr. Cameron
addressed the Board and discussed the following:
·
He
is the attorney representing Arbor Tree & Land.
·
There is a contract between the District
and Arbor Tree & Land for cleaning of debris after Hurricane
Wilma.
·
A
bill in the amount of $29,993 was submitted to the District in 2006 requesting
payment for additional work performed under the contract. It was denied by the District.
·
There were Brazilian Peppers, which were
not part of the hurricane debris clean up.
Mr. Hodges has photographs of the Brazilian Peppers. Arbor Tree & Land was told by
supervisors on the job unless the Brazilian Peppers were removed they could not
get paid and continue to the next segment of work. Arbor Tree & Land removed the
Brazilian Peppers and continued with the work based upon direction from the
supervisors for the District. The
bill in the amount of $29,993 was submitted as a result of this additional
work.
·
The
District will not pay the bill because a change order was not signed by the
District and Arbor Tree & Land.
·
Arbor Tree & Land’s position is the
work was ordered. There were
provisions under the contract made for payment of this additional work.
·
$25,000 were earmarked for non-federal
reimbursement items under the contract and $25,000 were earmarked for federal
reimbursement items. The Brazilian
Peppers were non-federal reimbursement items because they were not debris.
·
In
the pre-bid meeting Mr. Hodges attended, it was mentioned there would be $50,000
worth of revenues to pay for additional work performed under the contract.
·
Arbor Tree & Land’s bid for the work
performed was $172,860. The next
lowest bid was $459,341.
·
Mr.
Lyles has been made aware of the request for payment of additional work by Arbor
Tree & Land to the District.
The District engineers have been heavily involved in the preparations of
bid specifications, the pre-bid meeting, supervision of the work and the request
for additional payment. They have
determined it is not within the contract and is not the responsibility of the
District.
·
Mr.
Lyles recommended Mr. Cameron and Arbor Tree & Land meet with District staff
to discuss the details in order for him to formulate a resolution and position
on this issue. Ms. Schurz will set
up a meeting.
Mr. Bloom introduced himself and his
staff to the Board.
FOURTH ORDER OF BUSINESS
Consideration of Settlement Agreement with
A copy of the proposed settlement agreement and general release between
the District and Florida Sewer and Water, Inc. was distributed to the Board and
the following was discussed:
·
District staff had a series of meetings
to discuss settlement negotiations and recommend a settlement with a not to
exceed figure of $1,087,343.50 based on the engineer’s
calculations.
·
In
accordance with statutory requirements imposed upon the District in the Local
Government Prompt Pay Act, the District is required to pay Florida Sewer and
Water, Inc. an interest calculation of $42,338.76. The grand total is
$1,129,682.26.
·
The
District will be released from any further liability of any other claims arising
out of the work.
·
The
scope of work originally contracted for will be reduced. There will be an offsetting balance
under a change order in the amount of $730,200.89.
·
Mr.
DeGirolmo stated he is the engineer working on this project and wants to
continue being involved. He
requested discussing this further with District staff.
·
Mr.
Lyles stated the settlement agreement calls for the amounts owed with interest
to be paid within seven days of execution of the agreement. Part of the inducement to the District
for doing this is the approval and execution by both parties of a change order
whereby Florida Sewer and Water, Inc. agrees to do additional work specified by
the District engineer.
·
Ms.
Stokes stated Florida Sewer and Water, Inc. needs to review the documents. She questioned if there is a timeframe
as to when the work can be performed because they cannot wait an indefinite
amount of time to have the work completed.
She feels the District needs to do something to get the permit resolved
with the City of
·
Mr.
Goscicki stated everyone is looking at potential problems, which do not
currently exist. The agreement
gives an 80 day extension to the original duration of the contract with
anticipation the work will be able to proceed. If the work cannot proceed, it is
another issue. It is not part of
this settlement. It is a separate
issue, which will need to be addressed when and if it
arises.
·
Mr.
Lyles clarified the change order regarding the future work was signed by Florida
Sewer and Water, Inc. on February 29, 2008.
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor the settlement agreement with Florida Sewer and
Water, Inc. for
FIFTH ORDER OF BUSINESS
Consideration of Acknowledgement and Agreement Regarding Conflict of
Interest
Mr. Lyles
discussed the following:
·
Ruden, McClosky, Smith, Schuster &
Russell, PA represented the District in the 2005 Bond issuances and they will
not get paid for their services until the bonds are closed.
·
Tousa Homes filed for bankruptcy and will
not continue with the
·
GMAC
is looking to hire Ruden, McClosky, Smith, Schuster & Russell to represent
them in a due diligence capacity.
This raises the issue of the possibility of conflict of interest with
Ruden, McClosky, Smith,
·
After reviewing further District staff
does not see an issue with the District allowing Ruden, McClosky, Smith,
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor the acknowledgement and agreement regarding conflict
of interest with Ruden, McClosky, Smith,
SIXTH ORDER OF BUSNESS
Consideration of Award of Contract for Water Treatment Plant
Re-Roofing
Ms. Schurz discussed the following:
·
Three bids were received for this
project. The lowest bid is from
Gulfstream Roofing, Inc. in the amount of $59,886. This does not include sealing and
painting of the roof side of the parapet walls with GAF top coat wall coating as
required in the specifications.
After discussing this with Gulfstream Roofing, Inc., they would increase
their price approximately $3,000 to $5,000 to include this in their bid. As a result they are not the lowest
responsive bidder.
·
CH2M
Hill recommends awarding the contract to Petito Roofing, Inc. in the amount of
$60,500.
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor the contract for re-roofing of the NSID water plant
was awarded to Petito Roofing, Inc. for a total of
$60,500.
SEVENTH ORDER OF BUSINESS
Consideration of Engineering Work Authorization No. 182 – Re-Roofing of
the
This work
authorization is for CH2M Hill to provide inspection services for this
project. It is important for the
District engineer to provide periodic onsite inspections to prevent any issues
as experienced in the past. The
lump sum fee is $7,500.
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor Work Authorization No. 182 for re-roofing of the
water treatment plant office building was
approved.
EIGHTH ORDER OF BUSINESS
Staff Reports
A.
Manager – Water Plant
Operations
Mr. Colon
presented the Board with a monthly flow analysis versus revenue billed for
January and February. This is for
informational purposes only.
B.
Attorney
There being no
report, the next item followed.
C.
Engineer
There being no
report, the next item followed.
NINTH ORDER OF BUSINESS
Approval of Financials and Check Register
Mr. Goscicki
briefly reviewed the financials.
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor the financials and check register were
approved.
TENTH ORDER OF BUSINESS
Adjournment
There being no
further business,
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor the meeting was
adjourned.
Vincent Moretti
Steve Mendelson
Secretary
President