HOBE-ST. LUCIE CONSERVANCY DISTRICT MARTIN COUNTY
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1 HOBE-ST. LUCIE CONSERVANCY DISTRICT MARTIN COUNTY REGULAR BOARD MEETING SEPTEMBER 28, :30 A.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL Telephone 877.SDS.4922 Toll Free Facsimile
2 AGENDA HOBE-ST. LUCIE CONSERVANCY DISTRICT Hobe Sound Polo Club 2935 SE Bridge Road Hobe Sound, Florida BOARD OF SUPERVISORS REGULAR BOARD MEETING September 28, :30 a.m. A. Call to Order B. Proof of Publication..Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Comments from the Public for Items Not on the Agenda F. Approval of Minutes 1. June 22, 2016 Board of Supervisors Regular Board Meeting...Page 2 G. Old Business H. New Business 1. Consider Resolution No Adopting a Fiscal Year 2016/2017 Meeting Schedule..Page 9 2. Discussion Regarding SFWMD Non-Payment of Assessments.Page Consider Proposals from Clark Aquatic Services for Aquatic Plant Maintenance.Page Consider Project Priority List..Page 18 I. Administrative Matters 1. Engineer s Report 2. Attorney Report 3. Manager s Report 4. Field Operations Report J. Board Members Comments K. Adjourn
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5 MINUTES OF THE BOARD OF SUPERVISORS MEETING OF HOBE-ST. LUCIE CONSERVANCY DISTRICT JUNE 22, 2016 Pursuant to the above Notice, the Board of Supervisors of Hobe-St. Lucie Conservancy District held its Board of Supervisors Meeting on June 22, 2016 at 9:30 A.M. at the Hobe Sound Polo Club located at 2935 SE Bridge Road, Hobe Sound, Florida Present were Rick Melchiori, Edward Weinberg and Robert Brown, Supervisors; Peter L. Pimentel, Michael McElligott and Jason Pierman, Special District Services, Inc.; Bob Higgins of Higgins Engineering and Mary M. Viator, Attorney and Secretary. Also in attendance were Mr. Paul Whalen, Mr. Kevin Gregory and Mr. Ray Spears. CALL TO ORDER: The Board of Supervisors Meeting was called to order by President Melchiori. ESTABLISHMENT OF QUORUM: The President announced a quorum was present and it was in order to transact any business to come before the Board. ADMINISTER OATH OF OFFICE: The Oath of Office was administered to Mr. Brown who took his seat on the Board. ELECTION OF OFFICERS: The District Manager announced it was in order to elect Officers. Thereupon, the following slate of officers was presented: Rick Melchiori Edward Weinberg Mary Viator Peter Pimentel Robert Brown Jason Pierman President Vice President Secretary Treasurer Assistant Secretary Assistant Secretary 1 Page 3
6 A motion was made by Mr. Weinberg, seconded by Mr. Brown and unanimously passed approving the election of Officers as presented. ADDITIONS OR DELETIONS TO AGENDA: None. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: None. APPROVAL OF MINUTES: A motion was made by Mr. Melchiori, seconded by Mr. Weinberg and unanimously passed approving the Minutes of the March 21, 2016 Board of Supervisors Meeting. OLD BUSINESS: None. NEW BUSINESS: 1. Consider Resolution No Adopting Fiscal Year 2015/2016 Proposed Annual Budget: The Budget and the proposed assessments for the Fiscal Year 2016/2017 were presented. Mr. McElligott indicated the budget was similar to last year. He addressed the Funds Available now. He kept the Carryover Balance the same for Unit 5. Mr. Spears indicated that Aquatic Weed Control was basically the same, however the District would be doing chemical instead of physically removing aquatics. The Board discussed the general administrative budget as well as the maintenance expenses for the respective Units of Development. The Board also discussed the expenses associated with the operation and maintenance of the backbone of the District s system. There followed discussion relating to Unit 5 and the proration of assessments. It was also discussed that the landowners for Units 1, 2, 3 and 5 maintain their systems pursuant to the Maintenance Agreements entered by the respective landowners with the District. 2 Page 4
7 Following discussion by the Board, a motion was made by Mr. Weinberg, seconded by Mr. Brown and unanimously passed adopting Resolution No approving the proposed Annual Budget for Fiscal Year 2016/2017 as presented. (Copy filed in District Records) RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HOBE-ST. LUCIE CONSERVANCY DISTRICT APPOVING A PROPOSED BUDGET FOR FISCAL YEAR 2016/ Consider June 6, 2016 Letter from Retreat at Seabrook Homeowners Association: The District Engineer explained that the Homeowners Association at the Retreat at Seabrook Homeowners Association, Inc. had sent a letter indicating that the Association felt that it met its foreseeable obligation under Paragraphs 3A and 3C of the Permit and the Association will no longer pay any monies to Hobe-St. Lucie Conservancy District toward the Unit 1 Outfall Replacement, and it will no longer reserve for the Southwest 96 Replacement. It will continue to pay the District for its obligation to contribute to the operation of Southwest 96, as well as the maintenance of the canal downstream of Southwest 96. Mr. Higgins indicated that the District Engineer further stated that the Homeowners Association indicated that the District breached its obligation under the Permit Replacement since its recent Southwest 96 culvert replacement was repeatedly delayed due to Hobe-St. Lucie Conservancy District s failure to properly preserve access to the Southwest 96 location. The District Engineer indicated that he needed to inspect the structure relating to the replacement of the Outfall Culvert. He further addressed the access issues raised by the Homeowners Association, indicating that there was no responsibility in the terms of the 3 Page 5
8 Permit to provide access through the District. He stated that the Homeowners Association was basically indicating that they would quit funding the Outfall and funding of the culvert. Mr. Higgins recommended that an inspection be demanded. He also stated that the Unit 1 Water Control Structure was installed. Mr. Weinberg indicated it was important for the District Engineer to do the suggested inspection. He also indicated that the Homeowners Association has access. The Board directed that the District Manager respond to the Homeowners Association informing them that the District Engineer was to inspect the Outfall Canal Replacement Structure. ADMINISTRATIVE MATTERS: 1. DISTRICT ENGINEER S REPORT: A. The District Engineer reported on the Loxahatchee River Watershed Restoration Project (LRWRP). He stated that the proposed plan has a component affecting Hobe-St. Lucie Conservancy District which included: Moonshine Creek and Gulfstream East (Connect HSLC Ditch to Moonshine Creek, clear vegetation in Moonshine Creek, fill Gulfstream Ditch, and regrade to historic topography). He further commented on the Cypress Creek Canal (Replace Cypress Creek Canal Weir, raise northern berm at Ranch Colony and automate twin 84s). Mr. Higgins indicated that the Army Corps is proceeding with its normal Corps process with regards to this proposal. B. Smart Cover Canal Monitor Quotation: Mr. Higgins indicated he had received an offer from Smart Cover. Mr. Weinberg asked how, when and where the District would be benefited and where would the savings and benefits be to utilize this type of canal monitor. Mr. Brown indicated they were very easy to relocate. The District Engineer indicated the District did not need to take action today. 4 Page 6
9 2. DISTRICT ATTORNEY S REPORT: The Attorney reported on matters as they appeared on the Agenda. The Attorney further reminded the Supervisors of the need to comply with the deadline for filing financial disclosure forms due July 1 st. The Attorney indicated the Supervisors were not required to take the Ethics Training as required for Municipal Elected Officers, as indicated on the Financial Disclosure Forms. 3. MANAGER S REPORT: The District Manager stated that a Generic Services Agreement had been prepared to ensure that contractors are under contract with the District to perform services and to provide the basic insurance requirements. Mr. Spears indicated that the following draft agreements were prepared which contain the $1 Million statutory liability coverage, as follows: a) Agreement for Backhoe and Related Services with Mancil & Co. Inc.; b) Agreement for Aquatic Spraying and Related Services with Bustin s Spraying, LLC; c) Agreement for Backhoe and Related Services with Larry Pendarvis Excavating; and, d) Agreement for Mowing and Related Services with Pendavaris Land Clearing, Inc. A motion was made by Mr. Brown, seconded by Mr. Ed Weinberg, approving the subject agreements as set forth above, subject to legal review, subject to the $1 Million insurance coverage being provided, and further providing that the aquatic weed services agreement provide for $3 Million insurance coverage, which was unanimously passed. 4. FIELD MANAGER S REPORT: Mr. Spears, the Field Operations, had requested proposals based on specifications from Northern Palm Beach Water Control District. He stated that the District was focusing on chemical product weed control as opposed to physically cleaning out the aquatics. Mr. Melchiori cautioned the Field Operations to check with the growers to ensure they are aware of the chemicals supplied. The Board discussed the need to keep the $3 million dollars insurance coverage for the aquatics providers. Mr. Spears further addressed proposals received relating to the following: 5 Page 7
10 1) Pipe Cleaning 2) Four Bay and Dock 3) St. Lucie Dock 4) Incoming Canal Overall District 5) Unit 3 Outfall Structure 6) Sheet Piling/Balance of District The Board asked Mr. Spears to summarize the projects and provide the scope of work being proposed. The Board Members further discussed a draft policy for procurement of services and a basic threshold for contract authorizations. BOARD MEMBER COMMENTS: None. ADJOURN: There being no further business to come before the Board, the Meeting was adjourned. President Secretary 6 Page 8
11 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HOBE ST. LUCIE CONSERVANCY DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2016/2017 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary for the Hobe St. Lucie Conservancy District ("District") to establish a regular meeting schedule for fiscal year 2016/2017; and WHEREAS, the Board of Supervisors of the District has set a regular meeting schedule, location and time for District meetings for fiscal year 2016/2017 which is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HOBE ST. LUCIE CONSERVANCY DISTRICT, MARTIN COUNTY, FLORIDA, AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. The regular meeting schedule, time and location for meetings for fiscal year 2016/2017 which is attached hereto as Exhibit A is hereby adopted and authorized to be published. PASSED, ADOPTED and EFFECTIVE this 28 th day of September, ATTEST: HOBE ST. LUCIE CONSERVANCY DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 9
12 HOBE-ST. LUCIE CONSERVANCY DISTRICT FISCAL YEAR 2016/2017 REGULAR MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Hobe-St. Lucie Conservancy District will hold Regular Meetings at the Hobe Sound Polo Club located at 2935 SE Bridge Road, Hobe Sound, Florida at 9:30 a.m. on the following dates: October 26, th WED November 16, rd WED December 28, th WED January 25, th WED February 22, th WED March 22, th WED April 26, th WED May 24, th WED June 28, th WED July 26, th WED August 23, th WED September 27, th WED The purpose of the meetings is to conduct any business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. A copy of the Agenda for any of the meetings may be obtained by contacting the District Manager at (561) and/or toll free at five (5) days prior to the date of the particular meeting. From time to time one or more Supervisors may participate by telephone; therefore a speaker telephone will be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. Said meetings may be continued as found necessary to a time and place specified on the record. If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at (561) and/or toll-free at at least seven (7) days prior to the date of the particular meeting. Meetings may be cancelled from time to time without advertised notice. HOBE-ST. LUCIE CONSERVANCY DISTRICT PUBLISH: STUART NEWS 10/12/16 Page 10
13 From: Michael McElligott Sent: Friday, September 16, :48 PM To: Pete Pimentel Cc: Jeff Walker Subject: HSLCD SFWMD portion of district assessments SFWMD owns 2, acres all in BOD. To put this into perspective I have broken down their percentage of the 3 parts of their assessment. SFWMD makes up the following: Balance of the District Maintenance assessment Total Gross Assessments = $109,539 SFWMD Gross Assessments = $78,715 SFWMD Percentage of Assessments = 72% Overall District Maintenance Assessment Total Gross Assessments = $273,309 SFWMD Gross Assessments = $84,525 SFWMD Percentage of Assessments = 31% Entire District Admin Assessment Total Gross Assessments = $152,665 SFWMD Gross Assessments = $34,943 SFWMD Percentage of Assessments = 23% Total assessment dollars = $198,183 Michael McElligott Special District Services, Inc A Burns Road Palm Beach Gardens, FL Phone: (561) Fax: (561) Page 11
14 CLARKE AQUATIC SERVICES PROFESSIONAL SERVICES OUTLINE Hobe-St. Lucie Conservancy District A. AQUATIC WEED - INITIAL CLEAN UP ONE TIME W/Yearly Agreement One time clean up to control invasive and noxious aquatic plants throughout system identified in Exhibit A. Chemical treatment with approved herbicides to kill in place and to be performed from toe of slope to toe of slope. NPDES Permit: An NPDES (National Pollutant Discharge Elimination System) permit may be necessary for the execution of the work for aquatic services. Any costs associated with such a permit are not included in this proposal. Also, since final regulation requirements were not finalized when this proposal was presented, any additional and/or incremental activities or services that may be required by the applicator in order to comply with an NPDES permit are not included in this proposal. **IMPORTANT** Please check box if these waters are used for irrigation. Please check one of the following contract terms: Initial clean up with yearly agreement....$21, (Net/30) 3036 Michigan Ave. Kissimmee, FL Phone: Fax: A Global Environmental Products and Services Company 1 Page 12
15 CLARKE AQUATIC SERVICES PROFESSIONAL SERVICES OUTLINE Hobe-St. Lucie Conservancy District 1. Term and Termination: This Agreement has an Automatic Renewal Clause. N/A One time clean up. The term of the Agreement shall commence on the date when both parties have executed this Agreement and shall continue for a period ending on June 30 th, 2017 of the Initial Term. Unless either party hereto provides the other party with written notice at least Sixty (60) days prior to the end of the Initial Term or any subsequent renewal term, this Agreement shall automatically continue to renew for additional term, each term having duration equal to the Initial Agreement. If a party hereto fails to comply with a provision of this Agreement, then the other party shall have the right to terminate this Agreement if it gives written notice of the default to the defaulting party and the defaulting party fails to cure the default within sixty days of receipt of said notice. 2. Price Increase: N/A The price for the services rendered hereunder may be increased by Clarke Aquatic Services ( CAS ) on the first day of any Calendar year commencing on July 1 st of the Initial Term (a Price Increase Date ) by a percentage which shall not exceed the greater of the percentage increase of the consumer price index during the calendar year which immediately precedes the Price Increase Date or five percent (5%) (The Price Increase Percentage ). Clarke Aquatic Services may petition Hobe-St. Lucie Conservancy District at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not be reasonably foreseen by a prudent operator. New areas to be covered will be pro-rated to the program cost at the rates in effect at the time. 3. Property Damage: Allegations of property damage resulting from scheduled CAS service must be submitted in a written report, filed directly with respective Control Consultant within five (5) business days. CAS team will review the report, determine a fair and equitable resolution, and respond within a timely manner. 4. Program Payment Plan: Net/30 SIGNING AND RETURNING this document will authorize Clarke Aquatic Services to perform the services stipulated within the limits of this cost estimate unless otherwise stated. APPROVAL FOR Hobe-St. Lucie Conservancy District: NAME SIGNATURE TITLE DATE FOR CLARKE AQUATIC SERVICES: NAME TITLE Control Consultant DATE Robert Santana Mobile: (561) CLARKE AQUATIC SERVICES CLIENT AUTHORIZATION Hobe-St. Lucie Conservancy District PLEASE ASSIST US IN MAINTAINING OUR RECORDS BY COMPLETING THE FOLLOWING: INVOICES SHOULD BE SENT TO: Name: Address: City: State: Zip Office Phone: Fax: A Global Environmental Products and Services Company 2 Page 13
16 Alternate Phone TREATMENT ADDRESS (if difference from above): Address: City: State: Zip CONTACT PERSON FOR Hobe-St. Lucie Conservancy District: Name: Title: Office Phone: Fax: Home Phone: Cell: Pager: ALTERNATE CONTACT PERSON FOR Hobe-St. Lucie Conservancy District: Name: Title: Office Phone: Fax: Home Phone: Cell: Pager: INSPECTION REPORTS: service reports to the following addresses: Title: Title: Please sign and return a copy of the complete contract for our files to: Clarke Aquatic Services Attention: Crystal Challacombe 3036 Michigan Ave. Kissimmee, FL Phone: Fax to A Global Environmental Products and Services Company 3 Page 14
17 CLARKE AQUATIC SERVICES PROFESSIONAL SERVICES OUTLINE Hobe-St. Lucie Conservancy District A. AQUATIC WEED - INITIAL CLEAN UP ONE TIME One time clean up to control invasive and noxious aquatic plants throughout system identified in Exhibit A. Chemical treatment with approved herbicides to kill in place and to be performed from toe of slope to toe of slope. NPDES Permit: An NPDES (National Pollutant Discharge Elimination System) permit may be necessary for the execution of the work for aquatic services. Any costs associated with such a permit are not included in this proposal. Also, since final regulation requirements were not finalized when this proposal was presented, any additional and/or incremental activities or services that may be required by the applicator in order to comply with an NPDES permit are not included in this proposal. **IMPORTANT** Please check box if these waters are used for irrigation. Please check one of the following contract terms: Initial clean up with no follow-up treatments....$27, (Net/30) 3036 Michigan Ave. Kissimmee, FL Phone: Fax: A Global Environmental Products and Services Company 1 Page 15
18 CLARKE AQUATIC SERVICES PROFESSIONAL SERVICES OUTLINE Hobe-St. Lucie Conservancy District 1. Term and Termination: This Agreement has an Automatic Renewal Clause. N/A One time clean up. The term of the Agreement shall commence on the date when both parties have executed this Agreement and shall continue for a period ending on June 30 th, 2017 of the Initial Term. Unless either party hereto provides the other party with written notice at least Sixty (60) days prior to the end of the Initial Term or any subsequent renewal term, this Agreement shall automatically continue to renew for additional term, each term having duration equal to the Initial Agreement. If a party hereto fails to comply with a provision of this Agreement, then the other party shall have the right to terminate this Agreement if it gives written notice of the default to the defaulting party and the defaulting party fails to cure the default within sixty days of receipt of said notice. 2. Price Increase: N/A The price for the services rendered hereunder may be increased by Clarke Aquatic Services ( CAS ) on the first day of any Calendar year commencing on July 1 st of the Initial Term (a Price Increase Date ) by a percentage which shall not exceed the greater of the percentage increase of the consumer price index during the calendar year which immediately precedes the Price Increase Date or five percent (5%) (The Price Increase Percentage ). Clarke Aquatic Services may petition Hobe-St. Lucie Conservancy District at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not be reasonably foreseen by a prudent operator. New areas to be covered will be pro-rated to the program cost at the rates in effect at the time. 3. Property Damage: Allegations of property damage resulting from scheduled CAS service must be submitted in a written report, filed directly with respective Control Consultant within five (5) business days. CAS team will review the report, determine a fair and equitable resolution, and respond within a timely manner. 4. Program Payment Plan: Net/30 SIGNING AND RETURNING this document will authorize Clarke Aquatic Services to perform the services stipulated within the limits of this cost estimate unless otherwise stated. APPROVAL FOR Hobe-St. Lucie Conservancy District: NAME SIGNATURE TITLE DATE FOR CLARKE AQUATIC SERVICES: NAME TITLE Control Consultant DATE Robert Santana Mobile: (561) CLARKE AQUATIC SERVICES CLIENT AUTHORIZATION Hobe-St. Lucie Conservancy District PLEASE ASSIST US IN MAINTAINING OUR RECORDS BY COMPLETING THE FOLLOWING: INVOICES SHOULD BE SENT TO: Name: Address: City: State: Zip Office Phone: Fax: A Global Environmental Products and Services Company 2 Page 16
19 Alternate Phone TREATMENT ADDRESS (if difference from above): Address: City: State: Zip CONTACT PERSON FOR Hobe-St. Lucie Conservancy District: Name: Title: Office Phone: Fax: Home Phone: Cell: Pager: ALTERNATE CONTACT PERSON FOR Hobe-St. Lucie Conservancy District: Name: Title: Office Phone: Fax: Home Phone: Cell: Pager: INSPECTION REPORTS: service reports to the following addresses: Title: Title: Please sign and return a copy of the complete contract for our files to: Clarke Aquatic Services Attention: Crystal Challacombe 3036 Michigan Ave. Kissimmee, FL Phone: Fax to A Global Environmental Products and Services Company 3 Page 17
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