MINUTES OF MEETING

NORTH SPRINGS IMPROVEMENT DISTRICT

 

            The regular meeting of the Board of Supervisors of the North Springs Improvement District was held on Wednesday, April 12, 2006 at 4:30 p.m. in the District Office, 10300 N.W. 11th Manor, Coral Springs, Florida.

 

            Present and constituting a quorum were:

 

            Salvatore Mendolia                                           President

            Stephen Mendelson                                          Secretary

           

            Also present were:

 

            John Petty                                                        Manager

            Michael Pawelczyk                                           Attorney

            Jane Early                                                         Engineer

            John McKune                                                   CH2M Hill

            Doug Hyche                                                     NSID

            Mike Hessler                                                    WCI Communities, Inc.

            Mona Slaughter                                                Severn Trent Services

            Karen Mazurek                                                Resident

            Kay Grace                                                       Resident

            Several Residents

                                                                                   

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 March 7, 2006 Meeting

            Mr. Petty stated each Board member received a copy of the minutes of the March 7, 2006 meeting and requested any corrections, additions or deletions.

           

Mr. Mendolia MOVED to approve the minutes of the March 7, 2006 meeting and Mr. Mendelson seconded it.

 

            Mr. Pawelczyk stated I have a couple of changes.  On page two, in the third paragraph under the fifth order of business, “ran” should be “run”.  In the third line of the first paragraph on page 18, “conception” should be “perception” and “find” should be “fund”.

 

On VOICE vote with all in favor the motion as previously outlined was approved.

 

THIRD ORDER OF BUSINESS                             Consideration of Award of Contract for Heron Bay Commons Tennis Court Repairs

            Mr. Petty stated the Board directed staff to get this done as quickly as possible and bring it back to you at this meeting.  All of the pressure was on the engineer who responded well.  It was put out to bid and they came back with a recommendation to award. 

            Ms. Early stated we took bids for repair of the tennis courts.  We only received one bid and it was from Welch Tennis Courts, Inc.  Their base bid was $59,500.  The Engineer’s estimate was $60,000.  We recommend they do the repairs.  They were involved in the original construction of the facility. 

            Mr. Petty stated this includes structures beyond the court itself.  It addressed the canopy over the area where they wait. 

            Mr. Mendolia asked do they have a breakdown of the repairs?

            Ms. Early responded yes.

            Ms. Mazurek asked does it include resurfacing the pool?

            Ms. Early responded yes.

            Ms. Mazurek asked what will the timeframe be?

            Ms. Early responded thirty days from the award of contract.  We are awarding it today.  I will contact them tomorrow to get started.

            Mr. Mendolia stated it is an excellent price.

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the contract for the Heron Bay Commons Tennis Court Repairs was awarded to Welch Tennis Courts, Inc.

 

FOURTH ORDER OF BUSINESS                          Consideration of Agreement with WCI for Management Services for Heron Bay Commons

            Mr. Petty stated this item is from the last meeting.  We are working with WCI on this issue and Mr. Hessler is here.  We have been working on the first draft.  I just gave the working document to Counsel to start it.  Mr. Hessler and I were not able to connect over the last couple of days.  I was not able to get your intentions for today, but it is mine to offer we bring it to you at the next Board meeting for your consideration because it is still a work in progress.

            Mr. Hessler stated I agree.  We are in good shape.  I was hoping we would be prepared, but Mr. Petty, Counsel and I are all on the same page. 

            Mr. Mendolia stated as long as we are going forward, it is all that counts. 

            Mr. Petty stated we will not ask the Board to consider anything today. 

            Ms. Mazurek stated my understanding is there was something written in the original bond which specified it was to be used for Heron Bay residents.

            Mr. Petty stated it is an item which has come up for discussion.  There is a legal ramification which I will allow Counsel to respond to.  This is not a binding agreement part of the bond documents.  It is an explanation of the intent of use.  It is a defining scope and what is going to happen.  It does not hold you to it. 

            Ms. Mazurek asked was it in the original?

            Mr. Petty responded it is the same thing as when we say there are so many people living in Broward County at this time, it does not mean it will not change.  It is a definition of what was going on at the time or what the intent was.  These are projections at best.  It does not hold us or give us the authority to go outside of any other legal consideration.  I will let Counsel talk about the expenditure of public funds. 

            Mr. Pawelczyk stated I am not sure what the question is.

            Mr. Petty stated the bond documents say it was intended for The Commons to be utilized by residents and was designed with their population in mind only.  It does not mean it is not a public facility. 

            Mr. Pawelczyk stated that is correct.

            Mr. Petty stated I believe we are dealing with what the intention of the design is.  It is for residents of NSID in this particular area to take advantage of this facility.  Because it is a public facility, there are rules we must abide by.  We will admit to the facility being designed for a set population in use.

            Mr. Mendolia asked what about the outside population?

            Mr. Petty responded when you build these facilities for public use you never take into consideration the “what if” scenario.  You take into consideration the needs of your residents inside your municipality, inside your District.  You allow for the outside use when the facilities are available or on a first come, first served basis.  Mr. Hessler and I have talked about this.  We need to talk to Counsel to make sure we word it properly.  The intent is to make sure the residents get proper use of the facilities without blocking any public use from the outside, which by design is not to be limited. 

            Mr. Mendolia stated they can still come from the outside.

            Mr. Petty stated it is like the Aquatic Center in Coral Springs.  You can only handle a certain amount of swimmers.  It does not have unlimited use.  The residents of the city have priority use for the facility, but any time available can be used by people outside of the city. 

            Ms. Mazurek asked is there going to be a replacement for Ms. Verger?

            Mr. Hessler responded we are working on it.

 

FIFTH ORDER OF BUSINESS                               Consideration of WA #159 Alternate 20 Inch Watermain

            Mr. McKune stated we are constructing a 20 inch watermain exiting the water plant south of Westview Drive.  This work authorization is for CH2M Hill to provide services during construction.  We anticipate construction lasting four to five months.  This is a work authorization for standard services during construction.  The version you have in front of you is a preliminary which shows $11,200 per month for a six month construction period.  I would like to revise the numbers to $6,500 per month for a four month period.

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor WA #159 for the alternate 20 inch watermain was approved. 

 

SIXTH ORDER OF BUSINESS                              Consideration of Permits

            A.     Coral Springs Target/Ross Surface Water Management (Revised)

            Ms. Early stated this was on the agenda for the last Board meeting and it was tabled because we had some questions regarding calculations.  They have since submitted the information to us.  It does meet the District’s criteria for surface water.  We are recommending approval.

            Mr. McKune stated this is the new owner of the property.  We previously received an easement across the property for construction of the 20 inch watermain.  We have received a revised easement in process from the new owner.  The easement has not been recorded yet.

            Mr. Pawelczyk stated we looked at it and the form of it is fine.  It is a temporary access construction easement.

            Mr. McKune stated we have been waiting several weeks to start construction.  We were held up because of the transfer of ownership.  We got the new owner to agree to this and to get started. 

            Mr. Petty stated the reason you are asking for this is you do not have a right-of-way which gives you construction area plus room for the pipe.  This is why he is asking for additional land. 

            Mr. Mendolia asked did the owner say okay to the easement?

            Mr. McKune responded yes.  The permanent easement will eventually be recorded.

            Mr. Mendolia asked do we have anything in writing from him?

            Mr. McKune responded yes.

            Mr. Pawelczyk stated it is amendable. 

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the permit for the Coral Springs Target/Ross surface water management was approved.

 

            Mr. Petty stated we would now like you to consider the executed temporary access and construction agreement on this parcel as discussed by the engineer.  It has been reviewed by Counsel.

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the executed temporary access and construction agreement for the parcel relating to the Coral Springs Target/Ross was approved.

 

            B.     Expansion of Sawgrass Expressway from Atlantic Boulevard to Coral Ridge Drive

            Ms. Early stated the portion which lies in NSID is from the C5 Canal north to Coral Ridge Drive.  They are expanding from four lanes to six lanes.  They have provided everything meeting the District’s criteria for surface water management and it will not impact the District adversely.  We recommend approval of the permit. 

            Mr. Petty stated the only thing I know of in the area is our pump house at the curve.

            Ms. Early stated they will not be impacting it. 

            Mr. Mendelson asked what is the timeframe?

            Ms. Early responded I do not know.

            Mr. Petty asked do we have a time limit on our permit?

            Ms. Early responded no.

            Mr. Petty stated they will be under our permit criteria until they are done.

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the permit for the expansion of the Sawgrass Expressway from Atlantic Boulevard to Coral Ridge Drive was approved. 

 

SEVENTH ORDER OF BUSINESS                        Staff Reports

            A.     Attorney – Interlocal Agreement with CSID

            Mr. Pawelczyk stated the Interlocal Agreement with CSID is something I drafted and reviewed with Mr. Lyles.  This is an Interlocal with CSID, which will allow the District to use CSID’s agreement with Interstate Construction to do Hurricane Wilma repairs at our utility plant.  Mr. McKune reviewed the agreement and so has Mr. Petty.  We are recommending approval of the Interlocal Agreement. 

            There is a first amendment to agreement which does not require your action.  This is an amendment between CSID and Interstate Construction and will go in the CSID agenda.  It amends the CSID agreement with Interstate Construction to provide for this additional work.  I wanted to provide it to you for your information. 

            Mr. Petty stated it has been brought before CSID and they approved it.  The amendment is the executed portion which will go back to them. 

            Mr. Pawelczyk stated it is simple.  The agreement provides for the additional work CSID is allowing to occur under its contract.  NSID will be responsible for anything which would happen; whether they be cost overruns or change orders.  It is typical of any construction project.  Mr. McKune is comfortable with the contractor.  He has worked with them.

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the Interlocal Agreement with CSID was approved.

           

            Mr. Pawelczyk stated NSID has an existing agreement with the City of Coral Springs to provide potable water in the event of an emergency.  We can tap into their line and they can tap into ours.  I believe there is a meter at the connection.  This agreement says we pay, or they pay, a certain bulk rate to use this water in the event of an emergency.  We were asked to prepare an amendment to the agreement which will allow for the payment to be in terms of water in exchange.  If our line is impacted and we need to borrow from Coral Springs, rather than pay them the bulk rate for water, we will provide them with water down the road in an equal amount to what was used.  The theory behind it is cooperation.  If a government entity is impacted, why will you ask for money when they are expending large amounts of money to recover or complete the repair. 

            This has not been approved by the City of Coral Springs.  We prepared it.  In the event you approve it, we will forward it to them.  The existing agreement is set to expire in 2010.  We decided to provide for a five year renewal term rather than coming back in three years to do a renewal.  There is no cost to either side.  You can terminate it at any time. 

            The second portion of the amendment is the most significant.  It will allow the providing party to recover an equal amount of potable water within one year of the emergency.  If they cannot recover the water within the one year period, we will then go to the bulk rate.  Section four changes the notice provision.  The notice will go to the District Manager at this address with a copy to District Counsel.  The original agreement provided for a specific person who no longer works for Severn Trent Services.  We recommend approval subject to non substantive changes we have to make as a result of Coral Springs reviewing the agreement.

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the amendment to the agreement between the City of Coral Springs and the North Springs Improvement District  to provide bulk potable water in the event of an emergency was approved subject to non substantive changes.

 

            B.     Engineer

            There being no report, the next item followed.

 

            C.     Manager

            Mr. Petty stated the first item I would like to bring up is the meeting dates.  I propose for you to allow staff to find out a day which meets most of our schedules versus trying to do one now and finding out Mr. Lyles has a conflict.

            Mr. Mendolia stated I spoke to Mr. Lyles and I just spoke with Mr. Mendelson.  We would like to go back to the original schedule, which is the first Thursday of every month at 4:30 p.m.

 

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the meeting schedule for the remainder of fiscal year 2006 will be on the first Thursday of every month at 4:30 p.m. at the District Office.

 

            Mr. Petty stated the next item I have to bring to your attention is communication with SFWMD who is looking to do a cost share agreement with us for best management practices.  This is something which has come before you for the last couple of years.  It is something staff has been allowed to execute without bringing it before the Board.  We are working with our permit agency to the best of our ability.  I have tried to understand this particular program.  My initial reaction is one where I cannot see any value to the District; although we are in partnership with SFWMD and they see a value. 

            The only thing I will warn the Board of is SFWMD’s concern with the Everglades clean up and the costs associated with it.  We have heard numbers of up to $9 Billion or more.  It is expected for it to trickle down along with such politically correct terms as residential runoff is a strong pollutant and is killing the Everglades.  We are not asking you to do anything specific.  We are going to participate the way we always have and you authorized us to.  We are going to be bringing back to you at a later date some public relations projects, which are small in nature and cost.  It is to raise awareness of the residents of what the drainage in NSID does, it is history and to get them to a position where they understand their drainage system.

            There is one other thing I spoke with Mr. McKune about.  We were going to talk about FEMA and hurricane clean up.  This is of the drainage system and not the facilities you have heard about.

            Mr. McKune stated there are many trees down in some of the canal banks.  We had the Federal Government out here with us looking at the damage and anticipating a reimbursement program.  The plans and specification for this work are prepared and will cost approximately $500,000.  If and when the reimbursement comes, the Federal Government will pay 75% of the cost of the work.

            Mr. Petty stated I will take exception with them paying us 75%.  They are saying they will permit us up to a limit. 

            Mr. McKune stated the state might give us another 12.5%.  I would like to get authorization to go to bid with this project.  When we get the bids in, we will come back to you and tell you if it is reasonable.

            Mr. Mendolia stated do it.

 

EIGHTH ORDER OF BUSINESS                           Approval of Requisitions and Invoices

            There being no questions or comments,

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the Requisitions and Invoices were approved.

 

NINTH ORDER OF BUSINESS                             Supervisor’s Request and Audience Comments

            Ms. Grace stated last night we had our HOA meeting, which represents 54 homes.  Our president was not able to follow up due to the religious holiday.  I came into the meeting to let everyone know that as of the last meeting we believed WCI will be out and there will be a new contract.  I wanted to know what happened at the last meeting to make you change your mind and has any of the money been paid back to The Commons, which was misused?

            Mr. Petty responded I have spoken to this young lady and a group of people about this issue.  We can provide them with minutes of the meeting to find out what was discussed and what your due deliberation was to come to your decision.  When it comes to accusations, which are unproven and not within the Board’s scope, the Board has already looked at this issue under due diligence for a long period of time and has determined the issue closed.  It is inappropriate to consider any additional items at this time. 

            Ms. Grace stated I am not addressing this from the group.  I am addressing it from the HOA because the HOA president would like to get together with you and find out what happened with the bond as well as how much money we paid.  He is representing 54 homes.  I have minutes from the Tennis Committee. 

            Mr. Petty stated the Tennis Committee’s meeting minutes are not part of consideration of this body.  I do not know how you could discuss it.

            Ms. Grace stated I have a copy of the minutes.

            Mr. Petty stated it is the Tennis Committee’s minutes and not ours.  We do not control or operate them.

            Ms. Grace stated they addressed you the next day.  They addressed you saying they wanted the Tennis Committee to stay, not have new management and have WCI stay.  They said they wanted to be controlled by the HOA and not a new management company.  I have no problem with the Tennis Committee staying on, but when they came here to represent the tennis community it was to say we want the Tennis Committee to stay in tact and not to say they supported WCI. 

            Mr. Petty stated the minutes of our meeting and your consideration are available to any resident.  I will be glad to meet with any HOA or resident of our District who wants clarification.  I suggest we do it.

            Mr. Mendolia asked do you have an answer for this young lady?

            Mr. Petty responded I will be glad to meet with her.  I believe her situation is a question she should put to the Tennis Committee on whether or not they properly represented whatever they spoke of at their meeting, which we were not present at.  This Board listened to the residents who were here as residents and not so much as representatives of any specific body or group.  The Board took it into consideration, listened to the pros and cons, and made a decision accordingly.  As such, it stands.  The matter of past issues are done and the actions of the Tennis Committee should be held to them and not this Board.

            Mr. Mendolia asked in reference to this young lady, can you meet with her?

            Mr. Petty responded yes.  We have talked with the HOA about addressing the issue of the different tennis leagues.  We have one league which is strong and active.  The tennis courts have been structured for this use.  It is like any municipal facility such as a ballpark where you have two different leagues.  They have two different concepts of playing ball.  They do not mix at all.  This is the same.  When you have competitive people with leisure people, they do not mix.  In this case you allocate resources.  A couple of courts can be set for leisure people and a couple of courts go for this.  It is proportional to the best of your ability without trying to be precise.  We will look to them for a representation of this group which we can talk to.  We can point them towards the HOA which is our manager and ask for the situation to be addressed.  We talked with Mr. Hessler about the issue.  This is a standard operational issue where we try to make sure all of the residents get addressed. 

            Ms. Grace stated this is not about the tennis aspect.  This is about the bond.

            Mr. Petty stated this matter is what we voted on. 

            Mr. Mendolia stated he will get together with you and explain all of this.  If you have any questions, bring them up.  We will get them answered.  The problems we have been having are in regard to tennis.  We have a great deal of room at the clubhouse in Heron Bay.  I suggest we build more courts.  WCI has money and can do it.

            Mr. Hessler stated Mr. Petty and I spoke about it.  We are looking at the land and we are very open minded.  I hope everyone knows we are going to do everything we can with the facility. 

            Mr. Mendolia asked can we do it?  It will benefit WCI in the long run.  They are selling homes.  You have 3,000 families.  Those tennis courts are not going to handle it. 

            Ms. Grace asked can the money coming back from WCI be earmarked for new courts?  We have enough room.

            Mr. Mendolia responded it has to be discussed with Mr. Petty and Mr. Hessler.

            Ms. Grace stated I do not know how much it will cost to do them.  The last time I looked into an estimate it was approximately $40,000 per court.

            Mr. Petty stated we are not only talking about existing land, which might be reallocated from green space, but all of the land so this Board knows what they can do now as well as in the future.  We will have to talk with the engineer on this issue.  There is a canal which abuts the property where there might be some spare space.  We might be able to overlap in the area to put another court in.  We have been discussing these things and WCI is open to it.

            Ms. Grace asked will the money we are receiving go back to you or does it go back to The Commons?

            Mr. Petty responded I will consider all funding in consideration of the operation of the facility.

            Ms. Grace asked will we audit the facility to see if they owe us more money?

            Mr. Petty responded I am sorry.  You are in an issue I told you was closed.  I will be glad to talk to the HOA about any bond debt we have.  We discussed this at our meeting as well.  I will be glad to discuss it outside of this meeting, but it is not appropriate to bring it up here. 

 

TENTH 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.

 

 

                                                                        

 Steve Mendelson                                                            Salvatore J. Mendolia

 Secretary                                                                        President