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 Mendolia
President
Steve Mendelson
Secretary
Also present were:
John Petty
Manager
Dennis Lyles
Attorney
John McKune
Engineer
Jane Early
Engineer
Jean M. Rugg
Severnt Trent Services
Michael Udine
Charlie DaBrusco
Tara Lynn-Patton
WCI Communities
Patti Hitchcock
Karen Mazuric
Michael Hollander
Resident
John Cantell
Resident
FIRST ORDER OF BUSINESS
Roll Call
Mr. Petty called
the meeting to order and called the roll
SECOND ORDER OF BUSINESS
Approval of the Minutes of the January 5, 2006
Meeting
Mr. Petty 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
Consideration of Permit Request from
Ms. Early stated
they are putting a new school in the northeast corner. This is a submittal for conceptual
review. We worked with the engineer
to assure they can provide everything the District requires. Based on our conceptual review we
recommend approval subject to two requirements. Once they have final plans, they will
comeback for final review.
Mr. Mendolia asked when do you expect the final
plans to be completed?
Ms. Early stated they are doing preliminary plans to ensure they can meet
all requirements.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia
with all in favor the conceptual plans for Elementary School “Z” were
approved.
FOURTH ORDER OF BUSINESS
Consideration of Award of Contract for
Ms. Early stated this is on the agenda but the bid tabulation is not in
there. It is for several
things. The
Mr. Petty asked how close is this to your estimate?
Ms. Early responded we did not do an estimate for this because I did not
have information on the traffic signal as well as the repairs needed on some
existing roads. I can do an
estimate. We are going to do value
engineering to reduce the price on corrective work needed. We will do a change order to reduce the
price.
Mr. Petty stated I am uncomfortable with asking the Board to approve a
bid without having an engineer’s estimate.
I do not know if it fits our budget. I recommend we wait until the engineer
can give us a value.
Mr. Mendolia asked is it okay to
wait?
Ms. Early responded the City of
Mr. Petty asked I know that is where they get allocated, but is it within
the project estimates of the bond?
We usually have specific project lines.
Ms. Early responded I have line items for the road
work.
Mr. Petty asked does this fit into any of those?
Ms. Early responded yes.
Mr. Petty asked do we have an engineer’s estimate in the bonds stating
this is within it?
Ms. Early responded yes.
Mr. Petty asked do you know what the difference between the two is?
Ms. Early responded these prices are 30% to 40% higher. We were concerned and called him
in. The prices are outrageous. You cannot get asphalt at the
moment. It will continue to
increase.
Mr. Petty stated I understand these issues. If it were under, you could consider
it. You need to know what the
impact is because it is over. If we
had been under on other jobs having the ability to consider going over because
of the pressure on construction, we could consider something 30% to 40% over
what is in the bonds. Because there
is a timing issue with the traffic signal, I do not know if I can recommend you
make a decision today.
Mr. Mendolia stated the problem is we are
holding someone up.
Mr. DaBrusco stated we have a lead with the
county. We are trying to follow
through on what they might loan us.
We need to get going with that portion. It is being paid by WCI and the
City.
Mr. Mendolia asked can we go through with a
partial approval to get them started?
Mr. McKune responded in the past we asked the
Board to award subject to us updating the estimate as well as the District
Manager’s review and approval.
Mr. Lyles stated the motion will have to indicate it be done subject to
bond funding being available as well as a written commitment from WCI to fund
any shortfall in our ability to fund through our bond proceeds.
Mr. Petty stated I suggest you accept this subject to the conditions
shown on the request and we will ask the engineer to come back with a report at
the next meeting showing any impact of this construction
industry.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia
with all in favor the award of contract for
FIFTH ORDER OF BUSINESS
Consideration of CH2M Hill Work Authorizations & Funding
Agreements
A.
WA #153 Post-Hurricane Water Management
System Rehabilitation
B.
WA #154
C.
WA
#
D.
WA #156 Trails End
(Final)
E.
WA #157
F.
WA #158
Mr. Petty stated these are all standard. Unless there is something you would like
to discuss, we suggest you consider them as a package.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia
with all in favor WA #153 Post Hurricane Water Management System Rehabilitation,
WA #154 Heron Bay North Plat #4 – Drainageways (10
AC), WA#155 University Drive (Final), WA # 156 Trails End (Final), WA #157 Heron
Bay North Plat 3 and 4 Drainageways and Funding
Agreement #440, and WA #158 Parkland Golf & Country Club Lakes were
approved.
Ms. Early stated two of the work authorizations approved need a funding
agreement.
Mr. Petty stated there are several parts to any project. We have a cut off for our agenda in
order for you to have time to look at this material. A couple of the work authorizations for
these projects are contingent upon have supporting information for the secondary
part of it, which is not here for you to consider. If they came in after the cut off date,
it was not included in your package.
You can consider it if you wish and we can hand them out. Even though these were approved they
will sit until you approve the next piece.
Mr. Mendolia stated so be
it.
SIXTH ITEM OF BUSINESS
Consideration of Change Orders
A.
Ms. Early stated this is a final balancing change order for The
Glen. There is a deduction of
$120,376.11. There is a breakdown
showing what the deductions are for.
There was a deduction for NSID of $13,000.
B. Florida Water &
Sewer CO #18 & Final for Osprey Trail and Heron Bay Recreation Amenity
Offsite Roadway Improvement for a Net Decrease in the Amount of
$231,879.25
Ms. Early stated this is a balancing change order bringing the final
quantity to as built. There is a
tabulation showing a deduction. The
quantities we had in the bid were higher than what was installed.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia
with all in favor CO #5 & Final
for Heron Bay Northeast – The Glen – for a net decrease in the amount of
$120,376.11 and CO #18 & Final for Osprey Trail and Heron Bay Recreation
Amenity Offsite Roadway Improvement for a net decrease in the amount of
$231,879.25 were approved.
SEVENTH ORDER OF BUSINESS
Consideration of Release of Canal Reservations in Deed No. 16396 – Town
Park Homes, LLP
Mr. Lyles stated it is a request which has legal documents attached
needing to be completed by the District.
In 1912 a deed from the Trustees of the Internal Improvement Fund to
Florida East Coast Railways there were restrictions to the possibility of future
canals and right of ways. This was
for five sections of property in
Because we are in an area affected by this request, they are asking us to
sign off on it. The state is
prepared to release the canal reservations pursuant to this request which has
been filed. They want to hear from
us as a local drainage authority whether we have any reason to believe we need
some or all of these canal reservations.
If the engineers are comfortable releasing these canal reservations, we
can go forward.
Ms. Early distributed a review
letter regarding the release of canal reservations for
Mr. Petty stated this is unusual because of its age. The canal systems shown in the public
record are not going to work with our system. In cases like this one it is typical for
us to absolve the owner of the land from any obligation.
On MOTION by Mr. Mendolia seconded by Mr. Mendelson
with all in favor the release of canal reservations in Deed No. 16396 was
approved.
Ms. Hitchcock stated I have one more release of canal reservation for Mr.
Thomas Richard Hayes and Ms. Martha L. Hayes.
Mr. Lyles stated we do not have a package here for this one. It is between the District Engineer’s
office and the District Management’s office. We have a letter from CH2M Hill
entertaining no objection to release canal reservations. You might want to take up a motion to
approve the release of canal reservations for the property owned by Mr. Thomas
Richard Hayes and Mrs. Martha L. Hayes subject to staff review and confirmation
of no objections.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia
with all in favor the release of canal reservations in Deed No. 16396 to Mr.
Thomas Richard Hayes and Mrs. Martha L. Hayes was approved subject to staff
review and confirmation of no objections.
EIGHTH ORDER OF BUSINESS
Consideration of Right-of-Way Conveyance to NSID – Portions of
Mr. Lyles stated this concerns a conveyance you approved in 2001. The owners of the property, the Beatys, who are significant landowners in the District, have
determined they will qualify for a tax benefit due to the fact they donated the
property without charging the District.
Their accountant is asking the District’s President to execute a tax form
indicating we are a not-for-profit organization and are subject to certain
restrictions on giving the property to anyone else. He is willing to accept a letter from me
as District Counsel acknowledging the property was donated to the District and
it was accepted by the District in the same calendar year. I modified their request which appears
in their agenda package. Unless
there are any questions I will handle it this way.
There being no objections, Mr.
Lyles was directed to proceed as above
NINTH ORDER OF BUSINESS
Consideration of Management Services for the Heron Bay Commons Clubhouse
Facilities
Mr. Petty stated the cut off was yesterday at
Mr. Mendolia stated something is wrong. Someone should have been notified.
Mr. Petty stated we followed the statute. It was published in the public notice
section of the newspaper. This is
how we handle all of our bids. We
have proof of publication.
Mr. Mendolia stated I do not doubt you did, but
there is something wrong.
Mr. Petty stated we may need extra effort to get more participation.
Mr. Mendolia stated we might want to
re-bid.
Mr. Lyles stated there is nothing legally prohibited in identifying
potential bidders in the area.
Management can identify people who qualify and let them know we are doing
this. They can pick up a package or
one can be sent to them. You are
not required to put it in the newspaper and wait to see who shows up. We normally get responses when it is
done this way, but in this case it did not work. If you want to allow management to put
it back out and contact reputable qualifying firms, you might get more
responses.
Mr. Petty stated there is nothing stopping us from advertising outside of
the Sun-Sentinel. We can also
include periodicals such as the Property Managers Monthly.
Mr. Lyles stated that is a safer course. I have done it both ways. Someone can show up and claim they were
not contacted. You are not required
to contact everyone. We will be
looking at the Yellow Pages and getting a reference from other entities who
utilize these services.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia
with all in favor staff was authorized to re-bid management services for the
Heron Bay Commons Clubhouse Facilities and notify via invitation local
management companies.
Ms. Mazuric stated I represent the tennis
community in
Mr. Mendolia stated we will do that.
Mr. Petty stated she is asking if she can be part of the selection
committee. That power is with this
Board only.
Mr. Mendolia stated you can bring ideas and
suggestions.
Ms. Mazuric asked is it legal, within the
contract, to ask the management company to recognize the tennis committee as a
representation of the tennis residents and to work with us? We have policies of how you reserve a
court. We have over 120 women
playing in leagues and 40 men signed up to play in a new men’s league. Court usage is always an issue. We have an effective set of policy
procedures which work. The majority
of the residents are happy. I am
nervous about a new company coming in.
WCI has done a great job.
Mr. Petty stated the responsibility lies with this Board only. If you enter into an agreement with
another entity, you are ultimately responsible for any action from that
group. What you are asking for can
be done through a delegation of this Board as it deems fit. You can instruct the management company
to work with your representative.
Your representative is whomever you name.
Mr. Mendolia asked what happened in the past
with WCI?
Mr. Lyles responded many things happened with WCI. There are a couple of key things
important to this discussion. The
rules followed by Heron Bay Commons need to be adopted by this Board. The individuals involved with the tennis
activity will not necessarily change because you have a different management
company overseeing operations.
Ms. Mazuric stated there is chaos which can be
created by certain residents who go up to a WCI employee telling them their job
is safe because they know the management company. This is creating panic out on the
courts. It is unprofessional and
unnecessary.
Mr. Lyles stated it needs to be brought back into NSID’s control to establish a new management company
contract along with rules. The
purpose behind what the Board is doing is to eliminate chaos and confusion. It will make it easier for the
homeowners.
Ms. Mazuric stated the sets of policies and
procedure need to be brought to this Board in order to ask for
approval.
Mr. Lyles stated they need to be formally adopted as
rules.
Ms. Mazuric asked how do I do this?
Mr. Lyles responded you can work with Mr. Petty and he will make sure it
happens for you.
Ms. Mazuric asked may I have it on the next
agenda?
Mr. Petty responded it will be a policy you take to management. Once you have the rules finalized I will
put them on the agenda.
Ms. Mazuric stated the December minutes state
the contract with WCI will be terminated as of
Mr. Petty stated the instructions were to straighten this out by
Mr. Mendolia stated we do not have a
choice.
Mr. Hollander stated I would like to know what is going on with the
audit. I would like to see the
engagement letter for the audit. I
requested it a month ago and I have not received it. Are we doing an audit? I appreciate the fact WCI paid back
$48,000 for misuse of the building.
What about the money paid to DCP Janitorial for the set up and take down of chairs as well as tables for WCI? When are you going to address this
issue? Then we can discuss the long
distance phone bills and phone system.
This is what the audit was supposed to bring about.
Mr. Petty stated we are not up to public discussions. We have other items we need to consider
on the agenda.
On MOTION by Mr. Mendolia seconded by Mr. Mendelson
with all in favor the termination of the contract with WCI Communities, Inc. was
extended to
TENTH ORDER OF BUSINESS
Staff Reports
A.
Attorney
There being no report, the next item
followed.
B.
Engineer
Mr. McKune stated I would like to discuss the money from
FEMA. One of the results from
Hurricane Wilma was a great deal of damage to one of the water control
structures north of the Sawgrass Expressway on
Mr. Petty stated these projects are related to Hurricane Wilma. The reason they are coming to you today
is because it took this long to work through our due diligence with FEMA. The engineers had to check the
structural integrity of some of these issues. We want to bring the tax payers every
entitlement they can receive. It is
past the bureaucratic review and available for Board consideration.
Mr. Mendelson asked have any funds arrived from
FEMA?
Mr. McKune responded CSID received
$80,000.
Mr. Petty stated we will have to pay up front and be reimbursed. Once funds are received FEMA will or may
request an audit within five years to make sure the estimates were accurate and
they did not overpay. That is an
obligation of the District. In
regard to the award of contract to bid options, we can piggy back a contract
with other government agencies.
Mr. Lyles stated there is a low threshold for competitive bidding in this
District. We have the ability to
enter into contract with another government agency. It can be amended with CSID. We can enter into an Interlocal Agreement with CSID and change order the existing
contract with CSID to include the work for NSID. The engineer will certify this is the
construction amount we will need to get the job done.
Mr. Petty stated this will also allow construction to be completed more
expeditiously.
Mr. Lyles stated we will also be able to keep costs down since the
company will already be in the area.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia
with all in favor an Interlocal Agreement between NSID
and CSID for hurricane repairs was approved.
C.
Manager
Mr. Petty stated
the city interconnects were opened with NSID and CSID during the hurricane and
we did not have to boil water. CSID
has an Interlocal Agreement. NSID has a price structure. We can consider the option to keep it a
water to water basis rather then send a bill to the city.
Mr. Lyles stated we will have to amend the
agreement.
Mr. Petty stated if the District agrees.
Mr. Mendolia stated there is a mutual
understanding.
Mr. Lyles stated District Staff will prepare an amendment to the Interlocal Agreement for the next
meeting.
ELEVENTH ORDER OF BUSINESS
Approval of Financials, Requisitions and
Invoices
The Board requested the invoices be in the agenda package and not sent
separately.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia
with all in favor the financials, requisitions and invoices were
approved.
TWELFTH ORDER OF BUSINESS
Supervisor’s Request and Audience Comments
Audience comments related to:
·
The
berm in Parkland Isles needs to be cleaned up. Several lakes are full of debris. Valley Crest has not been paid since
September. Standard procedures or
plan to move forward?
·
$55,000 was added to Parkland Isles
assessments, still waiting for replacement of landscaping.
·
The
audit that was promised on Heron Bay Commons and when it will be
presented.
·
The
ten line phone system; 62,000 phone calls to
Mr. Petty stated the annual audit for District operations includes Heron
Bay Commons. I will get you a copy
of the audits for the last five years.
THIRTEENTH ORDER OF BUSINESS
Adjournment
There being no
further business,
On MOTION by Mr. Mendolia seconded by Mr. Mendelson
with all in favor the meeting was adjourned at
Steve Mendelson
Salvatore J. Mendolia
Secretary
President