MINUTES OF MEETING

NORTH SPRINGS IMPROVEMENT DISTRICT

 

            The regular meeting of the Board of Supervisors of the North Springs Improvement District was held on Thursday, March 3, 2005 at 4:00 p.m. in the District Office, 10300 N.W. 11 Manor, Coral Springs, Florida.

 

            Present and constituting a quorum were:

            Matt Lauritzen                                            President

            Salvatore J. Mendolia                                 Secretary

            Bob Miner                                                  Assistant Secretary

 

            Also present were:

            George Keller                                             Manager

            Dennis Lyles                                               Attorney

            Jane Early                                                   CH2M-Hill

            Dan Daly                                                    Staff

            Jean M. Rugg                                             Severn Trent

            Roger Moore                                             Severn Trent

            Tara Patton                                                WCI

            Joe Guttuso                                                WCI

            Michael Udine                                            Parkland City Commissioner

            Michael Hollander                                      Resident

            Todd Stevens                                             Resident

            Paul Brewer                                               Paul Brewer & Associates

            Mark Mallwitz                                            Paul Brewer & Associates

            Sallie James                                                Sun-Sentinel

 

            The Pledge of Allegiance was recited.

           

FIRST ORDER OF BUSINESS                         Roll Call

            Mr. Lauritzen called the meeting to order and called the roll.

 

SECOND ORDER OF BUSINESS                    Approval of Minutes of the February 3, 2005 Meeting

            Mr. Keller stated each Board member had received a copy of the minutes of the February 3, 2005 meeting and requested any additons, corrections or deletions.

            There not being any,

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor the minutes of the February 3, 2005 meeting were approved as submitted.

 

 

NINTH ORDER OF BUSINESS                             Discussion Items

A.                 Room Rental Charges at Heron Bay North with WCI

Mr. Lyles stated there are a number of interested individuals in attendance for item 9C of the agenda, and staff suggests we take this out of order. 

Mr. Keller stated the accountant from NSID who has been performing the internal audit on this matter has done a good deal of work on it.   There is more work to be done and we do not have all the answers and information we need now to give a bottom line recommendation.  It is recommended at this time to give us an another month to be prepared to move on a sound foundation of facts. 

Mr. Lyles stated if any questions were to come up, the accountant has taken ill and is not available to answer.  We have a preliminary report, but we certainly do not have anything final and do not feel we can give a complete report or recommendation either from management or legal to the Board at this time and under these circumstances. 

Mr. Hollander asked we brought this to the Board in October, when can we see something?  Since that time the people who caused this issue are still coming before you asking for things and maybe we should table that until we resolve this issue.  This to me looks like there is some criminal activity.  Are you seeking any other outside agencies to help?

Mr. Lauritzen responded I appreciate your comments but we have a pretty strong manager and attorney and I typically take their guidance on issues.  I am going to suggest we table it to next month.  You are more than welcome to come back and if you have any facts to bring on board to help us make a decision, bring them on.

Mr. Hollander asked who can I contact?   I have some information. 

Mr. Keller responded please contact me.

Mr. Lauritzen asked are you a homeowner in Heron Bay? You said you live in Parkland. 

Mr. Hollander responded yes.  Will you be looking to other agencies for help or not yet?  

Mr . Keller responded we will do a complete review first internally and we will do what we think is appropriate and see where it takes us.

Mr. Udine asked will we be able to comment next month?

Mr. Lauritzen responded yes.

Mr. Udine asked will we be able to get documents?  If we need additional documents are we entitled to them by public records through your office?

Mr. Lauritzen responded I do not know what you are asking for but if we have it we will get it to you.  We want to resolve this issue.

Mr. Udine stated Ms. Walker says she does not have the documents and she has been asking for them.  Were you aware of that?

Mr. Lauritzen responded not until now.

Mr. Keller stated we are aware we do not have all the information to give a firm recommendation and recommend tabling this. 

Mr. Hollander asked will you be tabling any other issues WCI brings before you?

Mr. Lauritzen responded we have not gone through the agenda yet, so I do not think so.  If we do not have all the facts, we usually table the issue.

 

On MOTION by Mr. Miner seconded by Mr. Mendolia with all in favor the room rental charges at Heron Bay was tabled until the next meeting.

 

THIRD ORDER OF BUSINESS                       Consideration of Award of Contracts and Associated Agreements

A.                 Heron Bay North Two – Drainageways

i.                    Award of Contract 

                        Ms. Early stated we had three bids, the low bid was submitted by Triple R Paving.  Triple R Paving is currently doing the drains in Heron Bay Northeast.  We are confident in their work and recommend accepting their bid and awarding the contract subject to funding.  Their base bid was $2,882,645.87.  In the funding agreement the NSID portion is $687,376.

            Mr. Lauritzen stated they have done a lot of work for us, Heron Bay Northeast, Heron Bay East and Heron Bay Central.

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor the Nob Hill Road and University Drive was awarded to Triple R Paving.

 

ii.                  Construction Financing Agreement #401

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor Construction Financing Agreement #401 in the amount of $687,376 was approved.

 

 

 

 

 

iii.                Construction Trust Fund Agreement #403

                        Ms. Early stated Agreement #403 does not have water and sewer listed.  We only need Agreement #401 for the drainageways.  I’ll have to get with Ms. Walker and Ms. Rugg on this.  The wording needs to be corrected.

 

B.                 Banyan Isles/Sable Point Water and Sewer

i.                    Award of Contract

ii.         Construction Financing #400

                        iii.        Construction Trust Fund Agreement #402

            Ms. Early stated we had three bids, lowest responsive bidder was Florida Sewer and Water.  We are recommending total award of the contract.  Their base bid was $2,656,409.15.  In the funding agreement the NSID portion is $880,896.25.  These are sealed bids when they come to my office.  They are not opened until 10:30 a.m. or 11:00 a.m., whatever the bid states and we sit down with the contractors who show up and open the bids publically so everybody can see them.  There are no bids that are not public information and if the bidders want to look at the other bids they are allowed to do so.  

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor the Banyan Isles/Sable Pointe Water and Sewer Contract was awarded to Florida Water and Sewer Inc, in the amount of $2,656,409.15 and Construction Financing Agreement #400 in the amount of $880,896.25 and Construction Trust Fund Agreement #402 were approved.

 

FOURTH ORDER OF BUSINESS                          Consideration of Change Orders

A.                 No. 1 with Triple R Paving, Inc. for Nob Hill Road, University Drive (Phase 2) and County Line Road for a Net Increase of $6,017.20

Ms. Early stated County Line Road between Nob Hill and University Drive is under construction and the county nor Parkland wanted to say they were taking juridication, we were bidding it trying to move the job along and finally the county decided they would take it.  They had a revision on the turn lane, the change order is for curbing and is a WCI cost; it is a tri-party agreement and is why I am bringing it to the Board.

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor Change Order No. 1 with Triple R Paving for a net increase of $6017.20 was approved.

 

 

B.                 No. 2 with Florida Sewer and Water, Inc.  for Heron Bay Northeast “Greenbrier” for a Net Increase of $2,002

            Ms. Early stated this was a change in the plans with the addition of type F curbs and is a WCI cost. 

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor Change Order No. 2 with Florida Water and Sewer, Inc., for a net increase of $2002 was approved.

 

C.                 No. 6 & Final with Astaldi Construction Corporation for University Drive for a Net Decrease of $932,505.71

Ms. Early stated this is the portion of University Drive north of the city building up to the commerical site.  We are not doing the second lift with Astaldi Construction Corporation.  This is a balancing change order to equal out their quantities. 

Mr. Lauritzen asked are they not going to finish the job and someone else is going to?

Ms. Early responded they have done as much as we want them to do and we will work with WCI when we are ready to do the second one.  

 

On MOTION by Mr. Miner seconded by Mr. Mendolia with all in favor Change Order No. 6 with Astaldi for a net decrease of $932,505.71 was approved.

 

D.                No. 12 & Final with Astaldi Construction Corporation for Trails End Road for a Net Decrease of $504,483.46

Ms. Early stated this is Trails End Road from the grade school to University Drive.   

 

On MOTION by Mr. Miner seconded by Mr. Mendolia with all in favor Change Order No. 12 with Astaldi for a net decrease of $504,483.46 was approved.

 

E.                 No. 16 with Florida Sewer and Water, Inc. for Osprey Trail and Heron Bay Recreation Amenity Offsite Roadway Improvements for a Net Decrease of $22,443.21

Ms. Early stated this is for Creekside change order in Osprey Trail.  We had two change orders and this change order is going to deduct Change Order No. 9 and No. 10.  This is a WCI cost.

 

 

 

F.                  No. 17 with Florida Sewer and Water, Inc. for Osprey Trailand Heron Bay Recreation Amenity Offsite Roadway Improvemnets for a Net Decrease of $150,069.45

            Ms. Early stated this is also for Creekside in Meadow Brook and is balancing changes for the two parcels for this project.  This is a WCI cost.

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor Change Order No. 16 for a net decrease of $22,443.21 and Change Order No. 17. for a net decrease of $150,069.45 with Florida Sewer and Water, Inc were approved. 

 

Change Order No. 4 with Triple R Paving for Heron Bay North Drainageways for a Net Increase of $72,000

            Ms. Early stated I have one more if I may add.  This is Heron Bay Northeast drainage ways.  This is two additional parcels they are going to fill and is a WCI cost.  The change order is $72,000 and is for work at the Greenbier area and the Heron Bay recreational center and the Glens.

 

On MOTION by Mr. Miner seconded by Mr. Mendolia with all in favor Change Order No. 4 with Triple R Paving for Heron Bay North Drainageways for a net increase of $72,000 was approved.

 

FIFTH ORDER OF BUSINESS                               Consideration of Plats

A.                 Rayel Estates Plats 1, 2 & 3 (Continued from last meeting)

Ms. Early stated at the last meeting there was a service letter stating the District had adequate water and sewage service and this letter states we can accept the drainage from the plats located in Cypress Estates.

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor the Rayel Estates Plats 1, 2 & 3, as respects to drainage was approved.

 

B.                 Parkland Commercial

Ms. Early stated there is a letter included we have reviewed and the District can accept the drainage.  We checked the easement and we do have stub outs for the drainage.  There is a 15’ flowage easement and we would rather have a 20’ and we will make the change.

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor the Parkland commercial plat and drainage was approved as amended. 

 

C.                 Heron Bay North Plat 3

Ms. Tara Patton stated what we are coming forward with is Heron Bay North Plat 3, which is the next series of the Heron Bay subdivision.  It is a mixture of different product types that exist within Heron Bay.  We have 50’, 65’ and 75’ lots.  We are here for you to consider acceptance of the drainage, appropriate flowage easements, lift station easements and sewer easements for the District according to this plat. 

Mr. Moore stated I do not believe there is a letter yet from our consultants.

Ms. Early stated an engineer in my office has met with Ms. Patton and gone through the easements we request for the District. 

Mr. Moore stated my only suggestion is they be approved subject to working out the details.  The plat submitted had hand-drawn easements with some numbers and they need to be cleaned up.  The lift station easement was shown as 30x30 and needs to be 45x30 setback.  There are a couple of lake maintenance easements that may need to be looked at because there needs to be no fencing or landscaping on those easements. 

Mr. Keller asked do you think this is ready to go forward?  Do you think it needs to be amended significantly?  Are those substentive or not?

Mr. Moore responded my recommendation is to approve it subject to finalization.  I will meet with Ms. Patton to see if we can work out all of the little details.  In concept it looks okay.  We need to make sure individuals who buy the property cannot put in fences in the easements.

Mr. Keller asked are we all in agreement it is substantially complete subject to the engineering corrections that need to be made?  If that is the case they will need to be enumerated in detail so they can be incorporated in a motion as part of the action.

Ms. Early responded yes.

 

SiXTH ORDER OF BUSINESS                               Consideration of Permit Requests

A.                 Stoneman Douglas High School – Irrigation Pump

Ms. Early stated the high school has requested an irrigation pump and suction line.  Our letter states pumps are not permitted in the Districts right-of-way.  We recommend approval subject to conditions as outlined in our letter dated February 23, 2005.

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor the permit for the irrigation pump for Stoneman Douglas High School was approved subject to the conditions outlined in the Engineer’s letter dated February 23, 2005.

 

B.                 Sable Point Heron Bay Northwest – Surface Water Management System

Ms. Early stated this is the actual service water drainage permit for one of the subdivisions we awarded the contract on.  We recommend approval subject to conditions as outlined in our letter dated February 16, 2005.

 

On MOTION by Mr. Miner seconded by Mr. Mendolia with all in favor Sable Point Heron Bay Northwest – Surface Water Management System Permit was approved, subject to the conditions outlined in the engineer’s letter of February 16, 2005.

 

SEVENTH ORDER OF BUSINESS                        Consideration of Quit Claim Deed for the Heron Bay Commercial Presevation Parcels

            Ms. Patton stated Heron Bay Commercial is a project we have been coming to you with for the past several months.  Over the last couple of months I have come to the Board with the various easement relating to this project which is located in the City of Coral Springs and wraps around the Sawgrass Center Publix Site adjacent to Coral Ridge Drive.  This is one of the final pieces to the easements and grants the three preservation parcels.  These parcels are serving as retention areas; they have been permitted through Borward County DEPAP and have been given the appropriate licensure.  It is our intent to give them to the District for drainage purposes.

            Mr. Lyles stated this is being done pursuant to a deed that was presented to and reviewed by me and is in order.  It will be of no cost to the District and will become part of our system and part of the preservation areas for the District. 

 

On MOTION by Mr. Miner seconded by Mr. Mendolia with all in favor the Quit Claim Deed for the Heron Bay Commercial Preservation Parcels was approved.

 

EIGHTH ORDER OF BUSINESS                           Consideration of Resolution 2005-4 Designating James P. Ward as Treasurer, Karen Ellis as Assistant Treasurer and George R. Keller, Jr. as Assistant Secretary

            Mr. Keller stated this is housekeeping business.  Ms. Patti Powers who previously served with Severn Trent Services and Mr. Rich Hans as the District Manager, have, as you know, resigned.  This will formalize the fact that Mr. Ward be designated as treasurer and Ms. Ellis as assistant treasurer.  Mr. Ward is one of the founding principals of Severn Trent or its predecesor company, GL Moyer, and has been in place for 26 years and is the Senior Manager with the company.  Ms. Karen Ellis is the financial officer with the company and has been in place about 8 years and both come with high regards and our recommendations and if I may be designated as an assistant secretary it will allow me to execute documents on behalf of the Board. 

            Mr. Lyles stated when Mr. Keller says execute documents on behalf of the Board, as an assistant secretary he can attest to the chairman’s signature, where we are taking action pursuant to authorization of the Board. 

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor Resolution 2005-4 designating James P. Ward as Treasurer, Karen Ellis as Assistant Treasurer and George R. Keller, Jr. as Assistant Secretary was approved.

 

FIFTH ORDER OF BUSINESS                               Consideration of Plats (continued)

C.                 Heron Bay North Plat 3 (continued)

Mr. Moore stated comments to be clarified for final approval:

·      on the title page – there is a dedication discussed over previous years that all utilities easements shown are granted to the City of Parkland for the construction, installation, maintenance and operation of utilities and cable TV services.  In the past I have brought this up and we requested they also include the NSID because in the 15’ easement of the plat we install our cleanouts and water meters.  In previous plats that has never been included.  Several plats in the last year we have the terminology to include NSID; however, I was told prior to the meeting the city has reqeuested NSID be eliminated from this dediction.  I would like to meet with WCI and the city to clarify why they want to exclude us from the dedication or if we will have to enter into an agreement with the city to allow us to use their easements to put our water lines into.

Mr. Lyles asked are you saying this in not a condition to the approval of this plat by the District Board? You are indicating it is an item of information.  They are either going to approval or disapprove this plat today.  If you say it is a condition that we be included as one of the parties to the dedication then it is a condition under which it is going to be approved. 

Mr. Moore responded my recommendation is we negotiate with the city.  The city has told them they will not sign the plat.  I would like to know why they have now come up with that decision. 

Ms. Early stated in my opinion they do not want us to be able to start putting things in the easement anywhere we want after the fact.

Ms. Patton stated the city, in their code, has a franchise that says all utilities in regard to cable and other utilities services, Parkland be the holder of the utility easement. 

Mr. Lyles asked could our requirements be met with a separate instrument that we will meet the city to dicuss and therefore we could allow the Board to take up this matter without  this condition holding up the recording of the plat?

Mr. Moore responded yes and listed the following items to be corrected on the plat:

·     Sheet 3 the lift station easement needs to be 40X30 or 40X45 exclusive of the 12’ utility easement.

·     Sheet 5 the 20’ flowage easement is not adequetly dimensioned on Tract B4. 

·     Sheet 8 Tract B4 the 20’ lake maintenance easement dimension is showing the wrong direction through tract B1.

 

On MOTION by Mr. Miner seconded by Mr. Mendolia with all in favor the Heron Bay North Plat 3 was approved subject to the conditions outlined above by Mr. Moore.

 

NINTH ORDER OF BUSINESS                             Discussion Items

A.        Severn Trent Management Services

Mr. Keller stated in the past week we were able to have a meeting with the President, Mr. Gary Moyer, Mr. Ed Goscicki, the Vice President and myself to discuss some of the questions raised at the last meeting:

·           The changes in the company

·           Where the company is coming from and going to

·           The relationship with NSID

·           How do we proceed from here

            I can give you brief summary comments today and what we propose to do, if it is the Board’s pleasure when we can have a large block of time, to give you a more detailed powerpoint presentation on our roll, orginatizational structure, improvement or change areas.  I would characterize it as a positive productive meeting.  We are committed as we go through the changes in the orgination right now that those resources are needed here to make sure business goes on in a proper way and quality fashion takes place.  Mr. Moyer and Mr. Goscicki would like to be part of the presentation and discussion and they could not be here this evening.  It will take an hour or so, based on our experience with CSID recently.   We would offer you based on some of those issues and topics we focus on specifically and do a lengthy workshop session. 

            Mr. Lauritzen stated sounds great.

 

B.                 Status Report on Parkland Village Project

Ms. Rugg stated Ms. Patti Hitchcock is not in attendance.  They are in the process of proceeding with the bond issuance and she is waiting on more information.  Once that is handled they will bring it to the Board at a later time.

 

TENTH ORDER OF BUSINESS                             Staff Reports

A.                 Attorney

Mr. Lyles stated our special act we filed again this year with the legislative delegation has been approved at the public hearings in Broward County.  It is now in the legislative process in Tallahassee.  I was provided this week with a revised version of the bill prepared by the legislative bill drafting people in Tallahassee.  We are comparing it against what we submitted and they have made a number of changes.  We are optimistic the bill will be approved and signed by the govenor this year. 

 

B.                 Engineer

            Mr. Moore stated the HOA in Parkland Isles was damaged during the hurricane and we take care of the berm.  We have had approximately $17,000 worth of damage.  It has been cleaned up.  FEMA may cover some of it, but it does not cover any replacement.  The HOA has requested a replacement  program.  They asked to find out what it will cost to assess everyone to replace the trees and do enhncements around the berm areas.  Ms. Walker put together four options on what happens based on getting reimbursement, not getting reimbursement, considering the insurance payments, etc.  A letter has been sent to us from Parkland Isles HOA authorizing us to go through the public hearing to do the assessment on option three, $69 a unit, which will allow for a $40,000 replacement program.  We have met with the board and their financial committees giving them the option of waiting until October or doing it immediately.  They would like to do it immediately and the reason I brought it up to this Board instead of waiting thirty days is to get a thirty day jump.  It has to be advertised for public hearing and then we can bid the project and begin constucting. 

            Mr. Lauritzen asked are we getting involved with this because it is our easement area?

            Mr. Moore responded it is our easement, our property.  It is a special assessment strictly to the HOA, not overall to the general budget. 

            Mr. Lauritzen asked are we going to deal directly with the HOA?

            Mr. Moore responded the public hearing will have to notify all the people and is why I requested the letter from the HOA that represents the entire group.  They have supposedly done a survey of the people and gave them the options and had it at their last board meeting.

            Mr. Keller asked who will the assessment be levied by?

            Mr. Moore responded NSID.

            Mr. Keller stated because it is our property.  They have agreed to the assessment in those amounts to make the improvements.

            Mr. Moore stated that is correct. 

            Mr. Lyles asked pursuant to what are we levying these assessments?

            Mr. Moore responded I will defer, I am not sure I understand the question.

            Mr. Lyles stated this is the first I have heard of this; I did not know discussions were going on.  I guess we can consider this a presentation to tell you about the meetings and the negotiations that have been going on that Mr. Moore has been handling.  We will do the necessary homework now to determine if this is even within our power. 

            Mr. Moore stated I have been following directions to get this done and this is the conclusion of what I have been asked to do. 

            Mr. Lyles stated unlike a HOA or a property owners association, we do not have the authority to levy assessments to do a particular task.  Our assessment process is a much more time consuming and annual process.  I will work with Mr. Moore and Mr. Keller to see how and if we can accomplish this. 

           

C.                 Superintendent

There not being any, the next item follwed.

 

ELEVENTH ORDER OF BUSINESS                     Supervisor’s Request and Audience Comments

            Mr. Udine stated I do not want to reopen the whole Heron Bay issue, I know you have spoke about it.  I do want to compliment you and your staff because I think you are doing a good job on the issue.  I have what I consider a very good relationship with WCI; the problem goes beyond a room at the Heron Bay Conference Center.  I read some of the questions you had last meeting after we had left and I personally have no problem with anybody using a room who wants to use a room.  The problem that happened with this room was you were being billed and assessing us for the bills and we were paying those bills.  As you look more and more into these issues, and I have spoken with your attorney on this, you and your staff are not being presented with all the facts. 

            Mr. Udine presented the following examples:

·           In 2003 there was a management agreement signed by Heron Bay Community Association with WCI proprty management.  I have seen the agreement, they would not give it to me, but they said they would make a copy for me and get it mailed to be or give it to me when I pay, which is fine I will pay.  It is a document that you and Ms. Walker should have and the reason you should have it is on the first page of the agreement it talks about what the HBCA and WCI property management are supposed to manage.  They are supposed to manage all the common areas and any buildings that the HBCA is contracted to operate.  I get the newsletter every quarter and the Heron Bay Commons is a building HBCA is supposed to be operating.  The charge is $14 per unit per month.  Why then are you paying an assessment for another management fee at $3,200 a month?  That is a question that deserves to be answered. 

·           Pursuant to those contracts they are allowed to bundle and buy materials for all their different facilities.  To me it sounds like the right way to do things if there is somebody to determine the stuff coming into the building the residents are supposed to be paying for is actually taking place.  That is not being done because Ms. Walker cannot get those reciepts.  That should be the first red flag.  I am not sure how it is passing by the audits.  Under Florida Statutes you are allowed to give a management contract to manage this buidling.  I don’t have a problem with it; you are not in the recreational business.  You take it out of the public record, but then you can assess us to pay for it. 

·           There are no contracts for the vendors in the building.  The tennis facility and program has $100,000’s passing through that facility and none of that is being sent to the District.  Shouldn’t it be sent to the District to lower our cost factor in the building?  Coral Springs has a tennis program and facility.  They have a tennis pro who pays 10% of what he makes to the facility.  I have spoken to the person who had the food service and came out on the weekends.  She was sending money every month to NSID.  There was no contract, but she said she had a contract and a check was coming.  Ms. Walker said there is no contract.  At that point don’t you think as a Board you have a fiduciary duty to start asking questions? 

·           In 1999 there apparently was Lang management that managed the building for HBCA.  I looked at the minutes of all the HBCA meetings and there was no mention of them being terminated as the manager.  Why were they terminated and a new management company brought in that is related to the HBCA?  You have all the same entities with all the same people passing things on to you to be approved.  You have a duty to ask deeper questions than just approving invoices and requisistions.  Interestingly enough when your lawyer drew up the contracts he recognized that because all of the bills in the contract are supposed to be sent to NSID for NSID to pay the bills.  I looked at it, it is clear and on point.  That was not done, they were sent to WCI employees for WCI to bring them to you to pay the bills.  I have no problem if that is the way you choose to do it, but don’t you think you should be asking some questions.  Pursuant to the contracts I have seen you have a contractor on the premises who is supposed to be charging you $1,500 a month for a service, one month he charged you $4,700 and one month $3,600.   I have seen in your minutes you have argued over $269 for tennis balls, and rightfully so it is not your money.  Why aren’t you asking those questions on this issue on this building?  You are taking all of this stuff at everybody’s word, when you see the issues over and over again being raised by the residents.  You had a meeting in December and you were provided with a new janitorial company and you, yourself, and Mr. Lauritzen asked the question, why are we rebating the contract, and they said we only like our contract to go five years.  If you had looked at the contract you would have seen the contract was a one year contract signed in 1999 and there had been no contract to begin with after the year 2000, or none is able to be found or produced.  You have to ask yourself at what point are you not getting all the information as a Board to make a decision like this.  You have very competent and very able legal help and staff people, but are you being given all that information.  Are the things that I am telling you not known to you?

            Mr. Lauritzen responded we meet once a month for an hour and half.  We have an agenda and we do our best to manage the District.  This was a unique situation we got into with Heron Bay.  We do have to trust and rely on a lot of management people to do their jobs.  I said last meeting, and I cannot speak for the rest of the Board, I am not an attorney, a CPA or an engineer.  When we look at our agenda we do the best we can under the circumstances, without trust and confidence in management, it is a tough job.  I read an article regarding St. Lucie West where they cannot operate their own water district.  You are talking about a lot of micromanagement issues, and we will look into it.  I respect your concerns and we have to always manage and make sure this District runs the most efficient way possible with all parties involved.  That is our objective and goal. 

            Mr. Udine asked is staff being given all the information?

            Mr. Lauritzen responded we have gone through some changes in staff and we need a little more time to look at these issues.  Mr. Lyles stated earlier we have a new manager here.  If there are things that are not being done properly we are going to shed light on them and we are going to continue to do the right thing.  This community is growing rapidly.  The builder, the developer and everybody is trying to get jobs done and I appreciate what you are talking about, but honestly these are some micromanagement issues.  From what I can see WCI has made a few mistakes, maybe we all have made a few mistakes but I am not looking for a dark horse to shoot.  A lot of the issues you bring up are issues we do not look at as the Board.  We trust management to solve those problems and run it, that is why we have the management we do.  Mr. Hollander was here in December and he did not like the tennis pro.

            Mr. Udine stated that was a year ago and he was not talking about the tennis pro.  He was talking about the facility generating $100,000’s profit, has that issue been brought out?  Some of that money should go back to the District for the residents benefit. 

            Mr. Minor stated if you read the minutes, Mr. Hollander was upset about the particular pro he wanted.  I resent the fact that he is talking about criminal activity and people stonewalling; it is insulting.  I sell books for a living, I am not an engineer, I am not a lawyer, I do this out of the goodness of my heart and we are here to represent the people.  We are not here to represent WCI.  When people come in and start throwing terms around about criminal activity or we are stonewalling and bringing reporters and people calling my home if the truth were known Mr. Hollander, if I am not mistaken, has a restraining order on him with certain aspects of WCI, because of some of the letters and things that he has done, so maybe we need to bring that up to Parkland and the newspaper.  The newspapers are reporting that you have been to 13 to 14 meetings and I have seen you once before.  We are trying our best.

            Mr. Udine stated trying your best is not the answer.  The answer is it has to be done right.  I am hearing and seeing things in the minutes that are just not correct. 

            Mr. Lauritzen stated why don’t we have a time out here and let the dust settle.  Why don’t we give Mr. Lyles his request.  They asked for a little more time and in all fairness this is new management, we are going through some changes in our District, you have to appreciate these things happen.  Let’s table this until next month, relook at the issues and we will work out a solution so everybody is going to be happy.  The bottom line is we are humble taxpayers and we are with you.  Nobody has any ulterior motives and my concern is we have to manage this District and the bottom line is we do water and we get water to the houses so when they turn on the faucets water comes out and I do not want to get so caught up that, we could filabuster meetings all day long but we have to get District business done.  We do not live in a perfect world, we all try our best and in that spirit I say to you we will look at those issues.  Please be patient with us and we will work this thing out.

            Mr. Lyles stated let me make one quick reference to the agreement that exists between this District and HBCA.  This is a contractural obligation they have undertaken.  “The community association shall at all times and at it’s own expense maintain an accurate and complete set of books and records of all income and expenses asscoiated in connection with the management of Heron Bay Commons, which books and records shall during normal business hours be open to inspection by NSID or it’s duly authorized representatives.”  Everything they do that is in any way related to funding that orginates with this District is not only contractually open to NSID it becomes a public record.  There may be some misunderstanding on the part of the community association or it’s contractors as to what records they are required to turn over or make available to the District.  We will make sure they understand they can be compelled to provide those records to the District and I am sure they will and this is probably just a matter of people not getting things when they are requested.  I want everybody to understand this is not a hands off they can do whatever they want to do.  There are fairly tight controls and they have to be audited annually, they cannot enter into any expenses that will exceed $4,000 without letting us know first.  We do tightly control contractually what can and cannot happen but at the same time we did authorize the community association, which will eventually be the residents themselves, to enter into appropriate management contracts, landscaping contracts, contracts with tennis pros and to adopt and enforce rules relating to all those things.  The idea was to act the way we were created by Florida Legislation as a funding mechanism to get infrastructure and recreation facilities funded and in place to let the residents and their representatives actually run them. 

            Mr. Udine asked can we get the records from WCI for free?

            Mr. Lyles responded it depends on what they are. 

            Mr. Udine stated if they have something to do with what we are talking about.

            Mr. Lyles stated if it has something to do with what we are talking about there should be no charge over and above normal photocoping and gathering records, anything that you are allowed to charge for in a public records request which is very limited. 

            Mr. Udine stated I want a copy of the 2003 Management Agreement and they just sent me an email and they will send it to me for $20.  I have faxes from Ms. Walker, your accountant, that states she cannot get the stuff. 

 

TWELVTH ORDER OF BUSINESS                       Financial Statements, Approval of Requisitions and Invoices

            There being no questions or comments,

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor the invoices and requisitions were approved.

 

THIRTEENTH ORDER OF BUSINESS                Adjournment

            There being nothing further,

 

On MOTION by Mr. Mendolia seconded by Mr. Miner with all in favor the meeting was adjourned at 5:20 p.m.

 

 

 

_____________________________                          ___________________________

Salvatore J. Mendolia                                                   Matt Lauritzen

Secretary                                                                      President