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