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:
Salvatore J. Mendolia President
Steve Mendelson Secretary
Also present were:
Ed Goscicki Interim Manager -
Dennis Lyles Attorney
Jane Early Engineer
Dana Kaas
Diane Manza
Marilyn Murphy
Pam Rower
Motts
FIRST ORDER OF BUSINESS Roll Call
Mr. Goscicki called the meeting to order and called the
roll.
Mr.
Goscicki stated I am the interim District Manager for Severn
Trent Services. Obviously we have a change in managers since
our last meeting as Mr. John Petty is no longer employed by Severn
Trent Services. I have taken over as the interim District
Manager for NSID as well as for CSID and co-manager for Pine Tree WCD and
Sunshine WCD. We are currently in the
process of recruiting someone to fill this position permanently. We recognize the importance of NSID and
appreciate the particular needs. You are
a large water utility and drainage operation, which requires particular
expertise and skills as well as the general governmental management skills we
bring to all of our districts. We are
working diligently to find the right person.
In the interim, I am here to fill in as manager. I happen to bring those credentials as part
of my background.
I
am a licensed Professional Engineer in the State of
SECOND
ORDER OF BUSINESS Approval
of the Minutes of the March 8, 2007 Meeting
Mr.
Goscicki stated each Board member received a copy of the minutes of the
There
not being any,
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the minutes of the
THIRD
ORDER OF BUSINESS Ratification
of Construction Financing Agreements
A. Agreement #467 for
B. Agreement #468 for
Mr. Goscicki stated at the February meeting, two contracts
for
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor Construction Financing Agreements 467 for
FOURTH ORDER OF BUSINESS Consideration
of Change Order No. 1 – National Home Building & Remodeling Corp. II for
Heron Bay Commons Tennis Courts for a Net Increase of $58,118.00
Mr.
Goscicki stated we need to pull this item from the agenda as the contractor
discovered muck on-site that was not anticipated. If you recall, you had significant discussion
at the last meeting on the dollars available for this project. In fact, you were looking to use short-term
financing to cover the shortfall. We
brought this before Bond Counsel as part of the due diligence of moving forward
with the short-term financing. Bond
Counsel raised significant issues in the ability to move forward with the
short-term financing for this type of project in this situation. We had weekly conference calls for three
weeks with Bond Counsel, SunTrust and Prager, Sealy the Underwriter for the
additional bonds to come to some resolution.
We
think we have some solutions in terms of being able to re-finance your existing
bonds. You will refinance existing debt
at a lower rate, be able to roll this additional amount of proceeds associated
with this project into a new bond issue and still wind up with a lower annual
payment or annual assessment. This is
similar to re-financing your home from 7% to 6% and adding a pool. You will still wind up with a lower monthly
payment even though the total principle of your loan increased. You will see later on in the agenda Prager,
Sealy’s proposal. They asked for
postponement of this item until the next meeting. They are doing their due diligence along with
Bond Counsel. There are some issues we
need to get better control over.
One
of the principle issues is the use of the tennis courts as a public facility
using public tax exempt financing and assuring there is public access. The current concern is whether this is being
treated as a private or public facility.
Mr.
Mendolia asked did we contact the contractor?
Mr.
Goscicki responded Ms. Early has been in contact with the contractor and
keeping him appraised. However, at this
point we are going to need to take specific action to suspend the
contract. We are not planning to
terminate it at this point but we need to do a formal suspension of the
work. Mr. Lyles and I started looking at
the contract, seeing what our options are and moving forward.
Ms.
Early stated this contractor has been working with me and has been acceptable
to what is taking place. Fortunately, he
has the Clubhouse to finish. We held him
up on the tile but I believe they gave him permission to start this week. They have been pestering me about storing the
materials they purchased.
Mr.
Mendolia stated this is good news.
Mr.
Goscicki stated we will pull this item for now and continue our discussions as
we proceed.
FIFTH ORDER OF BUSINESS Consideration
of Work Authorization No. 173 for Stormwater Pump Stations 1 & 2
Mr.
Goscicki stated this Work Authorization is with CH2M-Hill to do an in-depth
evaluation of this asset and get into the entire pumping system, evaluate its
integrity, look at some long-term strategies in terms of renewal and
replacement of this asset and how to maintain it going forward. We did a similar authorization with CH2M-Hill
for another district for the same dollar amount. We feel it is a worthwhile effort to get a
handle on the asset and move forward with a longer term strategy for
maintenance. This is not a routine
maintenance type item. This is the type
of activity we do every five or ten years; not every year.
Ms.
Early stated we are going to have mechanical, electrical and structural
engineers review both pump stations for safety and deterioration issues. We will come back with a report and itemized
list of recommendations for high, medium and low priority and meet with
District personnel to get their input.
We did a similar report with CSID.
Now we are going back to them with their report and itemized list.
Mr.
Goscicki stated this will allow us to put together a good renewal and
replacement program. They will come back
with a prioritized list of items to be done.
Some activities may be good for the next three to four years and some
you should focus on today. This will
allow us to do better budgeting for the maintenance and renewal programs.
Mr.
Mendolia asked where are the funds coming from?
Mr.
Goscicki responded from the operating funds.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor Work Authorization No. 173 for Stormwater Pump Stations 1 & 2 was approved.
SIXTH
ORDER OF BUSINESS Consideration
of Right-of-Way Permit Request from WCI Communities for Temporary Use of the
Northern East/West Dike
Mr. Goscicki stated this has been reviewed by the engineer
and they are recommending approval of this ROW permit request for a temporary
use.
Ms.
Early stated this pertains to the north dike of NSID just south of the Bishop
Pit. There is a great deal of activity
coming out of this pit. We had problems
with trucks using the NSID dike when it is raining or when the road they are
using gets muddy. They are driving along
the dike, which is creating a safety issue.
In the meantime, WCI has put gates on both sides of the dike to prevent access
to the dike. We do not want to be
liable. By doing this, will create a 50’
wide temporary easement at one location so the trucks can cross over the dike,
go into the pit and go back out. This
way, there is only one way for them to use it and just until the work is
completed, I am recommending we permit this.
I do not know if Mr. Lyles has to look into any insurance requirements
as they are blocking it without permission.
By permitting it, they agree to rebuild it and put it back in the
condition they found it in. They will
also repair a couple of erosion problems.
I went out there with WCI and agreed on where we would do this. I do not see a problem. I actually think this is a safer method.
Mr.
Lyles stated the permit language we typically use on these types of instruments
has indemnification. This means the
person applying for the permit agrees if they cause any damage to our property
or anything happens, they will indemnify us.
In this instance, we will have vehicular use. I think it is appropriate to add to the
indemnification language the District will be named as an additional insurer on
their insurance policy so if we have a claim, we can write to the insurance
company. With the modification to the
language of the standard permit conditions, it is acceptable from District
Counsel’s point of view.
Ms.
Early stated they are going to install gates east to west so if the District has
to be on this dike for any reason, District personnel has access.
On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all
in favor the right-of-way permit request from WCI Communities for temporary use
of the northern east/west dike was approved as amended.
SEVENTH ORDER OF BUSINESS Consideration of Easement
Requests
A. Paul Brewer & Associates for Easement Abandonments in Rayel Estates
B. WCI
Communities for Encroachment into 50’ Drainage Easement on
Mr. Goscicki stated the engineers reviewed these requests
and recommend approval.
Ms.
Early stated the first request is for the old fish farm. I spoke to the City of
The
second request is for an encroachment at the west entrance of Parkland Golf and
Country Club off of
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the easement requests for Paul Brewer & Associates for easement abandonments
in Rayel Estates and WCI Communities
for encroachment into a 50’ drainage easement on
EIGHTH ORDER OF BUSINESS Presentation of Refinancing
Options for Heron Bay Commons Debt
This
item was tabled until the next meeting.
NINTH ORDER OF BUSINESS Staff Reports
A. Manager’s
Report - Short
Term Financing Status Report
Mr. Goscicki stated we already discussed the short-term
financing. We are continuing to work
with SunTrust; Ruden, McClosky; Prager, Sealy; and Mr. Lyles.
With
me taking over as District Manager after the departure of our last manager, we
headquartered our operations for this District out of this building. I currently work out of
Mr.
Mendolia stated sounds good. What about
CSID and Sunshine?
Mr.
Goscicki responded all the records are in the same location. There are six file cabinets in total. We never moved any of the NSID files.
Mr.
Lyles stated the hard copies of the NSID records will remain in this building
as has been the case in the past. They
are going to use electronic copies and have electronic access at the building
on
Mr.
Goscicki stated this is a more efficient system as it allows us to view
documents from other locations. While I
am driving, I can view these documents on my Blackberry.
Mr.
Mendolia asked are we going to have any more problems with the people working
here? Some people work for CSID and
others work for NSID.
Mr.
Goscicki responded there is nothing in our contract saying we are going to have
another entity, in this case CSID, provide accounting services to their
personnel, which we use as our overall financial services. This practice evolved over time. We are currently working with our accounting
staff to get some integration and coordination with those activities. More activity evolved into this building than
we are comfortable with. You still have Severn
Trent Services as your
fiscal advisors and managers and this is our responsibility. Ms. Rower is working with Ms. Kay Woodward,
Ms. Susan Walker and Mr. Dan Daly on the accounting side to make sure we have a
continuous flow of information.
As
the accounting records are updated, this information flows into our system
where we can keep track of it. We will
try to get these systems up to date. I
am concerned we do not have up-to-date financial statements for this
District. While I was not present at
your last meeting talking about contractor’s payments, I signed many payment
requisitions in the last month as well as the Chairman. We made significant progress in getting those
up to speed. There is a lot of shared
staff. Mr. Hyche as the Operations
Manager provides the operations oversight for all of your operations. You have your own staff at NSID, who are
considered to be your employees solely at the treatment facility but the
supervision runs through here as well as the technical support. Nothing is changing. We are all very much involved with NSID.
Mr.
Mendolia asked will the person currently here remain?
Mr.
Goscicki responded yes.
B. Attorney’s
Report
Mr.
Lyles stated our Special Act has continued to make its way through
C. Engineer’s Report – Discussion of
Request from WCI and NSID to Take Over Maintenance of Medians on University
Drive & Trails End
Ms.
Early stated Trails End and
Mr.
Mendolia stated no way. I know for a
fact when you build and put a road in and have it dedicated to the city, they
take it over, no matter what the situation is.
This is standard operating procedure.
In the development I live in, we have NSID working for us. However, in a case like this, I definitely
say no. You have insurance issues and
problems with people getting hurt. If
there are problems, they call the city; not the Water Company.
Ms.
Early stated I thought Mr. Lyles could help me.
I do not know what else to do to get these roads off of the jurisdiction
of NSID.
Mr.
Lyles stated we were looking for direction and I think you just received it
from the Board.
Ms.
Early stated since NSID will not taken them over, I have to speak to the City
of
Mr.
Goscicki stated I will work with the engineer and schedule a meeting with WCI
and the City of
Mr.
Mendolia asked when was the last time we did this?
Mr.
Goscicki responded you have never taken on this type of maintenance
responsibility. It is normally done by
the city. If there is upscale
landscaping as part of a community, a city might enter into an agreement with
the HOA. The HOA may then say, “We will
reimburse you for the basic maintenance of mowing the grass and any remaining
expenses”. There are different
avenues. We need to get WCI and the city
together as it is their issue to work out.
Mr.
Mr.
Mendolia stated we are on the same side and have the same problem. However, I believe this problem belongs to
the City of
Mr.
Mr.
Lyles stated it has been brought before the Board and the Board has given its
policy decision and direction. It is up
to the staff to get together with WCI and the city to resolve this matter. We will report to the Board at the next
meeting. We understand what your
direction is and we will go out and try to implement it.
Ms.
Early asked is it legally correct for the city to not to sign off on
these? Median maintenance has nothing to
do with NSID. In my opinion, they should
be signing these agreements and working it out.
Mr.
Lyles responded if you are talking about the turnover or dedication to the
city, they do not have to accept anything they do not want to. This is the law. If we record a deed or file some instrument
indicating we are turning something over to the city, this act is not complete
until the city formally accepts it. The
final action is the city accepting it.
Apparently they want to negotiate further. Maybe they do not understand we built the
road and used bond and District funds.
Through Mr. Goscicki, we need to get this explained correctly. We will work on this and report back to the
Board at the next meeting.
Mr.
Goscicki stated there was a follow-up meeting with SFWMD as a result of what
took place at the last meeting. I spoke
with Mr. Rodriguez prior to the meeting.
Discussions are continuing. There
is another meeting scheduled for April 28th.
Mr.
Rodriguez stated April 23rd.
This meeting is for the modification of the Water Consumptive Use
permit.
Mr.
Goscicki stated Mr. Hyche will be attending with CH2M-Hill. I will try to attend as well and report back
to the Board at the next meeting.
TENTH
ORDER OF BUSINESS Approval
of Requisitions and Invoices
Mr.
Goscicki stated by the next meeting, we hope to have more complete
financials. We will start providing them
to you on a more routine basis. It is
nice to see where the money is going and how much money you have.
There
being no questions or comments,
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the requisitions and invoices for the month of March were approved.
ELEVENTH
ORDER OF BUSINESS Supervisor’s
Requests and Audience Comments
There
being no requests or comments,
TWELFTH ORDER OF BUSINESS Adjournment
There
being no further business,
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the meeting was adjourned.
Steve
Mendelson Salvatore
J. Mendolia
Secretary President