MINUTES OF MEETING
NORTH SPRINGS IMPROVEMENT
DISTRICT
The regular 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 L. Gray
Secretary
Also present were:
Ed Goscicki
Interim Manager -
Pamela Rower
Terri Lusk
Cassandra Cox
Dennis Lyles
Attorney
Jane Early
Engineer
Sean Skehan
CH2M-Hill
John McKune
Capital Improvement Coordinator
Nick Schooley
Field Superintendent
Doug Hyche
CSID Staff
Mark Capwell
Resident
Vincent Moretti
Resident
Salvatore J. Mendolia
Consultant
FIRST ORDER OF BUSINESS
Roll Call
Mr. Goscicki
called the meeting to order and called the roll.
SECOND ORDER OF BUSINESS
Organizational Matters
A.
Appointment of Supervisor to Fill Unexpired Term of Office
(6/2008)
Mr. Goscicki
stated with Mr. Mendolia’s resignation from the Board at the last meeting, we
have a vacant seat for the Board to fill.
We will keep this item on the agenda until a new supervisor is
appointed. The Board received
resumes from Mr. Mark Capwell, Mr. Edwin Stacker and Mr. Vincent Moretti. It is the Board’s responsibility to
appoint someone from the community who meets the requirements of the
statute. This is an “at large”
position meaning as long as they live in the District, they are eligible. Two candidates are here tonight. The Board may want to ask Mr. Moretti to
address the Board since Mr. Capwell spoke to the Board at the last meeting.
Mr. Mendelson stated the Board wishes to hear from Mr.
Moretti.
Mr. Moretti stated good afternoon.
I am the President of Pro-Bowl Plumbing, a local company in
Mr. Goscicki stated it is the pleasure of the President as to how you
want to proceed with this matter.
You can either take these resumes under advisement and make a decision at
the next meeting or solicit additional input from the community. It is at the convenience and necessity
of the Board.
Mr. Mendelson stated I suggest tabling this matter and making a decision
at the next meeting.
Mr. Gray stated I agree to voting on this matter at the next
meeting. I reviewed the resumes and
feel fairly confident with my decision but I want to review them
further.
Mr. Goscicki stated the individual Board members can certainly contact
any candidate to ask questions or learn more about them. You just cannot discuss the candidates
amongst yourselves.
Mr. Gray stated I also want to wait because we have not seen the third
candidate. He was not present at
the last meeting.
Mr. Goscicki stated he submitted his resume between the two
meetings. I thought he might be
here today but it looks like he is not present.
Mr. Gray stated since the other two candidates are here, we will consider
their resumes. If Mr. Stacker
wishes to attend the next meeting, we will discuss his
resume.
Mr. Goscicki stated we will advise him the Board will be taking action at
the next meeting.
C. Oath
of Office for Newly Appointed Supervisor
There not being
any, the next item followed.
THIRD ORDER OF BUSINESS
Approval of the Minutes of the September 13, 2007
Meeting
Mr. Goscicki stated each Board member received a copy of the minutes of
the
There not being any,
On MOTION by Mr. Gary seconded by Mr.
Mendelson with all in favor the minutes of the
FOURTH ORDER OF BUSINESS
Consideration of Change Orders
A.
Change Order No. 1 & Final – Florida
Sewer & Water, Inc. for
Ms. Early stated Change Order No. 1 is the final one for Cypress Point,
Phase II. This is a balancing
change order to bring the quantities to final. There was a decrease in the
amounts.
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor Change Order No. 1 & Final with Florida Sewer
& Water, Inc. for Heron Bay North Plat I, Phase II (Cypress Point, Phase II)
for a Net Decrease of $220,667.20 was approved.
B.
Change Order No. 1 – Arazoza Brothers
Corp. for
Ms. Early stated after the
Mr. Gray stated it looks like this was already budgeted
for.
Ms. Early stated the budget included the
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor Change Order No. 1 with Arazoza Brothers Corp. for
Heron Bay Wetlands Mitigation and Maintenance for a Net Increase of $9,966.93
was approved.
Mr. Goscicki stated on a related matter, we will be bringing a contract
to the next meeting for the continued inspection and maintenance of the
mitigation areas, which is our long term responsibility. It is currently being undertaken by a
joint agreement between WCI and the District. However, there was restoration work to
be done and it is getting to the point where it is being finally accepted. The contract will be an amendment to the
existing contract to provide for the ongoing maintenance and inspection for next
year. We are not talking about a
large amount of money to do this work.
Ms. Early asked for Miller-Legg?
Mr. Goscicki responded yes.
Ms. Early stated we are talking about maybe
$12,000.
Mr. Goscicki stated I was thinking between $10,000 and $20,000. This will keep the contract in place to
make sure we have the required maintenance so we do not get into other
issues.
FIFTH ORDER OF BUSINESS
Consideration of Permit Requests
A. Higgins Engineering, Inc. for a Right-of-Way
Permit for Use of County Line Road R/W West of Nob Hill Road for Temporary
Access to Bishop Pit
Ms. Early stated an issue came up at the northern end of Nob Hill Road;
west of County Line Road in regards to trucks using the dirt road to haul dirt
to Bishop Pit. I received
complaints from homeowners, the City of
Mr. Weissman asked what time frame does the temporary permit
allow?
Ms. Early responded I am waiting to see what the schedule is for the
construction of
Mr. Gray asked is there a time frame for the
Ms. Early responded construction is supposed to be completed under the
50th C.O. but the City of
Mr. Mendelson asked is he going to maintain whatever he is doing
on-site?
Ms. Early responded he is going to maintain it and keep the signage
there. If there is a problem such
as trucks speeding, he has to handle it.
Mr. Gray asked did the homeowners complain about the
speeding?
Ms. Early responded the trucks were causing a great deal of
dust.
Mr. Gray asked is he doing something to keep the dust from
spreading?
Mr. Frederick responded he already installed temporary asphalt. I was out there yesterday and could not
see any dust.
Mr. Mendelson stated as long as he maintains it, I am satisfied because
we do not know when the road is going to be completed.
Mr. Gray stated so he responded to complaints and will maintain
it.
Ms. Early stated correct.
Mr. Goscicki stated part of the reason for going through this permit
process is to put them on notice this is not public property; it is NSID
property and they do not have right of access. This is an undeveloped piece of
property. The concern was the user
was treating themselves as if they had proprietary rights. We wanted them to understand they needed
to have an agreement with the District through a permit and they had
responsibilities as a result of their operations to indemnify against the
insurer, maintain the property and put it back in its original condition. We are doing this with another
contractor who wants access off of
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor the permit request from Higgins
Engineering, Inc. for a right-of-way permit for the use of
B. CRJ
& Associates for a Surface Water Management Permit for
Ms. Early stated this is one of our typical surface water management
permit requests for the new fire station on the southwest corner of
Mr. Schooley stated we have a number of permit requests where we obtain a
$2,500 trash bond in areas where there are no canals. I do not care whether or not they hook
up to the drainage line or if the water is plugged up but I do not think it is
our responsibility to oversee it until the water hits our canal. I would only release it when they
request it back. I do not know why
we are getting them unless it is standard practice to get one from every
applicant. The purpose of the trash
bond is to prevent the applicant from disturbing the waterway and from leaving
debris on the property. Before
releasing the check, I do an inspection to insure the property is left in an
acceptable condition. In these
areas, I suggest releasing the check.
Ms. Early stated I just assume taking the trash bond because then they
will leave their equipment in the way.
Mr. Goscicki stated the onus is on them to request release of the
bond. They put up a bond when they
complete and meet the obligations of what the bond was posted for. We are not thwarting this process for
them.
Mr. Frederick stated if they do not get drainage, I do not think it is
our responsibility to fix what is underground.
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor the permit request from CRJ &
Associates for a Surface Water Management Permit for a City of Parkland Fire
Station West of Pine Island Road and North of Trails End Road was
approved.
SIXTH ORDER OF BUSINESS
Staff Reports
A.
Manager’s Report
Mr. Goscicki
stated the Board requested we recognize the efforts Mr. Mendolia put forth with
his seven years on the Board by presenting him with a plaque. The Board wanted you to have a memento
to take with you. The plaque says
the following:
“We present to Sal Mendolia, President in
recognition of and appreciation for the dedicated service on behalf of the North
Springs Improvement District Board of Supervisors, July 2001 through September
2007”
Mr. Mendolia
stated I am overwhelmed. Thank you!
I will never forget
this.
i.
Consideration
of Consultant Agreement with Sal Mendolia
Mr. Goscicki
stated at the last meeting, the Board discussed entering into a Consultant
Agreement with Mr. Mendolia in order to benefit from his experience and history
with the Board. We prepared this
agreement and provided it to the Board.
It is a straightforward Consultant type of agreement, reflecting Mr.
Mendolia as a Consultant of the Board and providing for a basic fee and
reimbursement of direct expenses with a not to exceed
amount.
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor the Consultant Agreement with Mr. Sal Mendolia was
approved.
ii.
Discussion
of
Mr. Goscicki
stated I wanted to bring the Board up to speed on some of the direction in
regards to the Parkland Isles landscape maintenance. The Board will recall, NSID owns the
landscape buffer surrounding the entire Parkland Isles community and has a
contract with Valley Crest Landscape to perform the landscape maintenance. We currently have an informal
arrangement with the HOA of Parkland Isles to provide some oversight on this
contract rather than us providing for an on-site inspector to manage the
work. This had been a practice for
the last two to three years. We
recognize this is not a good relationship to have but they are not directing any
work or are authorized to spend any money.
They are only providing the oversight and coming back to us. The Board made it clear to us they do
not want to be in the landscape maintenance business. I met with some representatives of the
community and I am trying to get on their agenda for November to propose this
District enter into an agreement with the HOA where the HOA will assume the
responsibilities for the management of this berm. This agreement will be similar to the
one we have with the Heron Bay Commons HOA where they take on the contractual
relationship with this Board to maintain and operate this facility. We will have Parkland Isles enter into a
similar type of agreement with us to maintain the berm.
The units have sold well through NSID and the ownership stayed with
NSID. The assessments will flow the
same way as
In a related issue,
Mr. Gary asked was there a legal issue?
Mr. Goscicki responded there was some dispute over one section of this
road as to whether or not we own the road or the City of
Mr. Lyles stated as part of the normal development process, when WCI was
ready to turn the medians over, they recorded a Quit Claim Deed in favor of
NSID. However, the Board never took
any action as they never came before this Board. Our current position is the conveyance
is not complete until the Board takes formal action to accept the medians. Management is trying to work out a
peaceful resolution but you may want to take action to accept the landscape
medians and therefore the landscape responsibilities. However, as your attorney, I am going to
take the position, the medians still belong to WCI and a corrective deed needs
to be filed.
Mr. Gray asked who is currently maintaining it?
Mr. Goscicki responded WCI is providing the maintenance
responsibilities. They are mowing
the grass and keeping it from getting a Notice of
Violation.
Mr. Gray stated if we do not own it, we are not bringing money into
it.
Mr. Goscicki stated not at this point.
Mr. Lyles stated you gave us direction in the past and predecessor Boards
dictated we were not created to be in this business and are not going to get
into this business. In response to
the question of why we should maintain the medians, as a responsible government
agency, you may not want to neglect them.
In the meantime, you may wish to do some rudimentary things, but only as
a transitional step to get this issue resolved. We are close to this
happening.
Mr. Mendelson stated I agree.
I just do not want to get into a permanent situation. It is a liability every single month to
do what should be done by someone else.
Mr. Goscicki stated we asked Valley Crest to break their proposal down
into two segments; the one we know is going to the City of
Mr. Mendelson stated makes sense.
Mr. Gray stated they have a quit claim.
Ms. Early stated they think they do not have one. The issue is whether
Mr. Lyles stated it appears they unilaterally recorded a Quit Claim Deed
in favor of NSID, which this Board did not accept and therefore is not a
complete conveyance of interest in this median.
Ms. Early stated they have been maintaining it for years and stopped four
months ago. This is how the issue
came about.
Mr. Gray stated if they stopped, I assume the city approached
WCI.
Ms. Early stated they looked it up on the
Mr. Lyles stated the Property Appraiser’s records show there is a deed
recorded in our favor. They do not
look behind the recording of a deed.
If we do not work this out with WCI in a voluntary way, we will
straighten this out.
Mr. Goscicki stated one significant item we have been working with the
engineers on is the Consumptive Use Permit for the Water Treatment Plant. The Consumptive Use Permit is coming up
for renewal in January of this upcoming year. The engineers are moving forward with the
renewal of this permit and fully expect to get into some significant
confrontation with SFWMD over this issue.
The basic issue is we have a Water Treatment Plant built for the capacity
of 6,000,000 gallons per day. The
current Consumptive Use Permit has a capacity of 4.5 million gallons per
day. We have current usage on an
annual average basis of 3.5 million gallons per day and ultimate build-out of 7
million gallons per day. Obviously
we are going to ask for as much capacity as we can. The Water Management Districts has
already said “We are not giving you any more capacity in the Consumptive Use
Permit than you already have and can show use for in 2006”, which is going to
ration us back to our current usage.
These have been significant issues in
Mr. Mendelson stated all communities in this area will benefit from
it.
Mr. Goscicki stated the challenge we are facing is there is a limited
resource in the Biscayne Aquifer.
The Water Management District said in 2006 “If you are not using the
water, I am not giving you any more.
If you need more, even though you had a permit, you did not use it and I
am not giving it to you. If you
need more water, go someplace else”.
The “someplace else” is the Floridian Aquifer, which is deeper brackish
water. For us, this is a double
blow because you literally have a Water Treatment Plant meeting your needs and
will continue meeting your needs for the next five to ten years if you can get
the Consumptive Use Permit renewed.
We may be forced into building a new Water Treatment Plant for the
capacity of the Floridian Aquifer and spending millions of dollars to do
so. This is a big dollar item not
only for you but for most of the cities in
Mr. Gray asked can any organizations help us out?
Mr. Hyche responded there is the Southeast Florida Utility Council but
they have no power.
Mr. Goscicki stated I created this entity 14 years ago to deal with such
an issue. When I was with
I also wanted to discuss moving forward with an agreement between NSID
and CSID regarding stormwater Pump Station 1. We are looking at modifying the permit
to allow us to pump water south towards CSID. The Water Management District has said
“We do not have a problem with it but you need an agreement with CSID
recognizing this and there will be conditions depending on what they are
doing. Ms. Early is taking the lead
in drafting this agreement, which we will bring before the CSID Board on
Monday.
In regards to the Pine Tree WCD, there is a small section of Pine Tree
WCD property just south of the Sawgrass Expressway bordering NSID by
Mr. Lyles stated Mr. Goscicki is in the middle of a conflict
situation. I am not the Attorney
for Pine Tree but I represented Drainage Districts and Special Districts who
have been in similar situations where they were asked to accept some flowage
into their stormwater system. It is
not uncommon for a Board to authorize this. What will happen is some calculation on
an engineering basis will be made as to what increment of cost we had incurred
in the past allowing us to accept this extra drainage. It could be as simple as the issuance of
a permit, which you could authorize at an engineering based fee to make this
District whole for accepting this flowage and any potential problems arising
from it. This is fairly
common. We are all part of regional
stormwater management systems and it is within your purview to favorably look
upon it but you want to be able to tell your own residents and taxpayers, to the
extent any cost is to be borne, it is reimbursed by the people draining into our
District.
Mr. Gray stated I do not think the homeowners will ever get together to
fund it. However, any cost incurred
in getting this done, they will certainly have to pay. Who will give us the numbers for how
this will impact us on a financial basis?
Ms. Early responded the maintenance costs will come from Mr.
Schooley.
Mr. Schooley stated many of these areas are horse farms and the water is
going to be horrendous in terms of the water quality. To be honest with you, I do not want
this water in my canal. We already
have enough problems.
Mr. Gray stated there was an article in the newspaper last week about the
horse farms.
Mr. Schooley stated those horses have been there for years and we do not
know the condition of the ground water.
I have been to horse farms where the manure is fairly high.
Mr. Gray asked is there a high phosphorus level?
Ms. Early responded yes.
This is what we are trying to reduce.
Mr. Schooley stated this is something we need to talk about before
drafting an agreement. Maybe the
phosphorus level will come up and cause problems.
Mr. Mendelson stated it has to.
Mr. Lyles stated you may have to talk about having some type of
pre-treatment done before the water gets discharged. I am working with a District in
Mr. Mendelson asked how much does it dissipate?
Mr. Lyles responded if it is pre-treated, it will get to the levels our
engineers will consider acceptable for surface water dumped into the
system. There are calculations,
which can be made but they have a cost increment associated with them. I am suggesting to you when these things
are looked upon, it will be appropriate to tell the people asking you for a
helping hand, they will have to pay all of the costs we
incur.
Mr. Gray stated I certainly want to see what those costs
are.
Mr. Mendelson stated you have to calculate the cost to pre-treat the
water.
Mr. Lyles stated this is not my area of expertise but we are not talking
about something getting treated like it is treated here. It is treated so the water can be put
into the groundwater and not ever be part of a potable water
system.
Mr. Goscicki stated if we move forward towards having some agreement,
they will build any infrastructure they need to within their District. It will be theirs to build, own and
maintain.
Mr. Mendelson asked will they have to treat the water in both
pumps?
Mr. Goscicki responded yes.
They will treat it and then you will have a point of connection where
they pump the water in and we monitor it.
Mr. Lyles stated but it will meet your standards.
Mr. Gray stated any water has to meet certain standards under the federal
guidelines.
Mr. Goscicki stated on stormwater management, you get into best
management practices rather than the defined water quality level you have to
meet. Is this still the current
regulation?
Ms. Early responded yes.
They are trying to push it to where they have a certain limit before
discharging.
Mr. Gray stated these are the best practices for controlling the flow and
keeping the silt out but there is no regulation.
Ms. Early stated correct.
Mr. Schooley stated I am not sure whether this is possible. I think the area you are referring to is
free flowing water down a gutter, over to a canal by the Sawgrass
Expressway. We are not talking
about a canal.
Mr. Goscicki stated this is the way the water was supposed to
flow.
Mr. Schooley stated this has nothing to do with Pine Tree. I believe the area is owned by the City
of
Mr. Goscicki stated correct.
These are city roads. Pine
Tree WCD was not responsible for the on-site drainage down those streets or the
on-site drainage on those properties.
The Pine Tree Board already told this community “Fixing the drainage on
your property is your responsibility.
We will be happy to act as a facilitator to try to bring the community
together but you will incur the cost of redoing your swales, re-draining it and
putting in a pump station. The
residents need to create an association and do what you need to in order to make
it work but this is our only connection.”
In this discussion, the residents said “rather than us doing something
here and pumping the water into Pine Tree, it will be easier putting it over the
berm and right into NSID.”
Mr. Gray stated as long as the water is treated and all costs will be
paid for by Pine Tree, we will consider it. However, I want to see what they plan on
doing.
Mr. Goscicki stated I think they need to go through many steps before
this comes back before the Board.
Mr. Gray stated I do not think the homeowners will come
together.
Mr. Schooley stated there is no way the water goes into a pond to be
treated and purified. The water is
going to come from their horse lots straight into our
waterway.
Mr. Lyles stated it is not going to be allowed.
Mr. Schooley asked where is the water going?
Mr. Goscicki responded they will have to find some available property to
build a pump station on to get the water into our canal and do some stormwater
retention and treatment if necessary.
There are many things they have to do.
Mr. Schooley stated I do not think there is any available property.
Mr. Goscicki stated a homeowner will have to dedicate property to the
District.
Mr. Mendelson asked what are the chances of a homeowner doing
this?
Mr. Goscicki responded slim to none.
Mr. Schooley stated right when you leave our District and into Pine Tree,
the weeds grow 50 to 75’ in the air.
I contacted the
Mr. Goscicki stated it is in the City of
Since the Board may be appointing a new Board member at the next meeting,
I suggest scheduling a workshop shortly after the next meeting as an
orientation. I learned an amazing
amount of what goes on in this District in my five to six months here. The purpose of this workshop is to bring
everyone up to speed at the same time on the activity taking place in terms of
new development, current programs and what we are and are not responsible for,
etc.
Mr. Mendelson asked is there any way we can change the date of the Board
meetings from Thursday to Wednesday?
Mr. Goscicki responded it is at the Board’s
pleasure.
Mr. Gray stated I assume you have to revise the notice of the meeting
dates.
Mr. Lyles stated correct.
Starting next month?
Mr. Mendelson responded yes.
Mr. Lyles asked any Wednesday?
Mr. Goscicki and I are involved in many different districts who typically
set their schedule a year ahead of time.
The second Thursday at
Mr. Mendelson responded this works.
Mr. Goscicki stated works for me. Pine Tree meets on the first
Thursday.
Mr. Lyles stated we are always done here before the Pine Tree meeting
starts at
Mr. Goscicki stated Pine Tree only meets quarterly
now.
Mr. Lyles asked is the first Wednesday at 4:30 p.m. good for
everyone?
Mr. Mendelson responded yes.
Mr. Gray responded works for me.
Mr. Goscicki responded I am free.
Does
Mr. Mendelson responded yes.
Mr. Gray asked do we need to vote on this?
Mr. Lyles responded the Board approved the current schedule by motion so
it makes sense to do this by motion as well.
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor the meeting schedule for 2008 was changed to reflect
the regular meetings being held on the first Wednesday of every month at
B.
Attorney’s Report
Mr. Lyles stated Ms. Early finalized negotiations with the contractor on
the tennis court expansion project, which the Board requested termination
of. Ms. Early did a great job in
getting the contractor to agree to call it a day and execute a mutual release in
our favor waiving any rights, any additional costs, any damages or fees for the
amount already paid. The contractor
took some of the materials we paid for and used them on another project, which
we received reimbursement or credit for.
The final resolution of this matter is through an Agreement and Mutual
Release in the total amount of $213,000.
The contractor already executed the same and I have the original
documents. I believe this is what
the Board directed us to do. A
motion to authorize execution of the Agreement and Mutual Release between NSID
and
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor the President was authorized to execute the Agreement
and Mutual Release between NSID and
C.
Engineer’s Report – Pump Station Evaluation
Report
There not being any, the next item followed.
SEVENTH ORDER OF BUSINESS
Approval of Requisitions and Invoices
Mr. Goscicki stated you will notice there are no requisitions or invoices
in your agenda package. As the
Board will recall, we shifted the accounting from CSID to in-house. As expected, some transitional items
have taken place. Ms. Terri Lusk is
the Accountant for this District.
Bills are getting paid but we have not been able to prepare together the
reports for this month. We will
provide them to you next month along with the financial statements. For the first time in over a year, we
will be providing you with the financial statements in addition to the check
register. We are making good
progress in getting the financial statements straightened
out.
Related to this issue, as we took over the accounting, we noted numerous
checking accounts for NSID. Almost
each separate fund and bond issue had a separate account. For the Water and Sewer Fund, we have
two different checking accounts.
Within the General Fund, we have four checking accounts.
Ms. Rower stated plus reserves.
Mr. Goscicki stated you need to keep separate accounting but there is no
need to have separate checking accounts.
We are planning to do some consolidation and save a few dollars in bank
transaction fees. We will be
bringing this back to you next month.
EIGHTH ORDER OF BUSINESS
Supervisor’s Requests and Audience Comments
Mr. Craven stated I represent the developer for
Mr. Schooley responded for years, we put Grass Carp in our lakes. However, we do not do this anymore as we
do not need them. There are Grass
Carp in every canal and they could be in
Mr. Craven stated I can work this out with Ms. Early.
Mr. Goscicki asked is it the engineer’s preference to put fencing around
the mitigation area to keep the carp out?
Ms. Early responded yes.
Mr. Craven asked is this your preference rather than putting in a screen
or a gate?
Ms. Early responded yes. We
do not like having a screen on a culvert.
Mr. Schooley stated we do not allow screens because anything can go
through them such as bags. None of
our pumps have screens on them. If
any our pumps come with screens on them, I have them removed because it creates
a bad situation in a storm event.
NINTH 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.
David Gray
Steve Mendelson
Secretary
President