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, July 7, 2005 at 4:05 p.m. at the District Offices, 10300 NW 11 Manor, Coral Springs, Florida.

 

            Present and constituting a quorum were:

 

            Matt Lauritzen                                                  President

            Salvatore J. Mendolia                                       Secretary         

            Steve Mendelson                                              Supervisor

                                                                                               

            Also present were:

 

            George Keller                                                   Manager

            Dennis Lyles                                                     Attorney

            John McKune                                                   Engineer

            Dan Daly                                                          Staff 

            Doug Hyche                                                     Staff

            Roger Moore                                                   Severn Trent Services

            Jean M. Rugg                                                   Severn Trent Services

            Jane Early                                                         CH2M Hill

            Tara-Lynn Patton                                             WCI

            Michael Udine                                                  Parkland City Commissioner

            Marsha Moore                                                 Resident

            Kay Grace                                                       Resident

            Bill Grace                                                         Resident

            Michael Hollander                                            Resident

            Valerie Verger                                                  Resident

                                                                                   

            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 the Minutes of the June 9, 2005 Meeting

            Mr. Lauritzen stated each Board member received a copy of the minutes of the June 9, 2005 meeting and requested any corrections, additions or deletions.

           

 

            There not being any,

           

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the minutes of the June 9, 2005 meeting were approved.

 

THIRD ORDER OF BUSINESS                             Public Hearing to Consider the Adoption of the General Fund Budget for Fiscal Year 2006 and Levy Non Ad Valorem Assessments

            Mr. Keller stated some questions were raised about the legal notice requirements for today’s public hearing.  It is our recommendation we re-notice and hold the public hearing for the adoption of both the general fund as well as the water and sewer budget at the same meeting.

 

FOURTH ORDER OF BUSINESS                          Distribution of Proposed Budget for the Water and Sewer Enterprise Fund Budget

            Mr. Keller stated here is a copy of the proposed water and sewer budget.  This is your first chance to look at it.  We can take it up at next month’s meeting.  I will be happy to meet individually with the Board members if you have any questions.

 

FIFTH ORDER OF BUSINESS                               Consideration of Award of Contracts

            A.     Heron Bay Commercial Residential Development Parcel

            Ms. Early stated this is the Heron Bay residential parcel near the Sawgrass Center where the Publix is located.  We received six bids on June 23, 2005.  The lowest bid submitted was by Conquest Engineering; however, they did not submit a bid bond.  The bid documents required a bid bond.  After speaking to Mr. Lyles about them not meeting the bid requirements, we recommend awarding the bid to Mancon, Inc.  They were the second lowest bidder and they were only $2,000 more than Conquest Engineering.

            Mr. Lauritzen asked why would they bid without a bid bond?

            Ms. Early responded they bid on a private bid with WCI at the same time.  They provided a bid bond for that job, but they did not have bonding capacity for both projects.  They thought if they did not get the job with WCI they would be able to provide a bid bond.

            We have not done work with Mancon, Inc., but I did some research and I heard good things about them.  They have not worked on any District jobs in the past ten years since I have been here.

            Mr. Mendolia asked did you say Mancon, Inc. was the second lowest bidder?

            Ms. Early responded yes.  Conquest Engineering was $2,198.000, Mancon Inc. was $2,204,000 and Florida Sewer and Water was $2,672,000.  We recommend the award to Mancon, Inc. 

            Mr. Mendolia asked have they worked for us?

            Ms. Early responded I have not worked with them in a long time.  I did some reference checking.  They did some work on Sample Road and some other areas in North Springs, but it was not for the District.

 

On MOTION by Mr. Mendeloson seconded by Mr. Mendolia with all in favor the Heron Bay Commercial Residential Development Parcel Contract was awarded to Mancon, Inc.

 

            B.     Portable Generator

            Mr. Moore stated we have some portable generators we use at our lift stations in case of any power outages.  We used it extensively during the last hurricane season.  We have one in NSID and one in CSID.  We hope to have three at each site; therefore, we are putting one in each budget for each year.  We took bids for two generators and the lowest bidder was National Generators.  I recommend you purchase one more generator for the price of $2,693. 

            Mr. Mendolia asked what is the approximate delivery date?

            Mr. Moore responded it will be approximately 10 weeks.

            Mr. Mendolia stated the freight will probably cost a great deal because they are heavy.

            Mr. Moore stated they are approximately three quarters of the size of a pick up truck. 

            Mr. Mendolia asked is it included in the price?

            Mr. Moore responded that is correct.

 

On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor the Portable Generator contract was awarded to National Generators.

 

            C.     Ditch Mower

            Mr. Moore stated we only had one bid to replace the worn out ditch mower we have for cutting swales and some areas we own.  The bid is for $7,693.  I recommend we go to the supplier of the brand that goes with our tractor.

            Mr. Mendolia asked why did we only receive one bid?

            Mr. Moore responded it is hard to find someone to do something this small. 

           

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the purchase of the new ditch mower from All Coast Tractor in the amount of $7,693 was approved.

 

SIXTH ORDER OF BUSINESS                             Consideration of Work Authorizations and Funding Agreements.

            A.     WA #143 Heron Bay North – Plat 3 – 75’s Pod Water Distribution and Wastewater Collection and Funding Agreement #407 for Engineering Services

 

         B.     WA #144 Heron Bay North – Plat 3 – 50’s Pod Water Distribution and Wastewater Collection and Funding Agreement #408 for Engineering Services

         C.     WA #145 Heron Bay North – Plat 3 – 65’s Pod Water Distribution and Wastewater Collection and Funding Agreement #409 for Engineering Services

            Ms. Early stated items A, B and C are Heron Bay North Plat three.  They are on a 50’, 65’ and 75’ pod for water distribution and wastewater collection.  There is an engineering funding agreement for WCI to fund the project.

 

            D.   WA #146 Heron Bay North – Plat 3 – Drainageways (29 AC) and Funding Agreement #410 for Engineering Services

            Ms. Early stated associated with items A through C are the drainageways.  We have a design for work authorization for them. 

 

            E.     WA #147 Lift Station #36 and Funding Agreement #414

            Ms. Early stated this is the lift station to provide the three pods.

 

            F.     WA #148 Pine Island Road Extension – 2005 and Funding Agreement #411 for Engineering Services

            Ms. Early stated this is the Pine Island Road extension, which is the last piece of road north of Trails End.  It will connect Trails End with Nob Hill.  It is a design agreement.

 

            G.     WA #149 Heron Bay North Plat #3 Spine Road W/S and LS TPC #14 and Funding Agreement #412 for Engineering Services

            Ms. Early stated this is Spine Road, which goes through Heron Bay North Plat #3.  There is a Funding agreement that goes with it.

 

            H.     Funding Agreement #413 for Heron Bay Commercial/Residential Parcel for Water and Sewer Subdivision Mains

            Ms. Early stated there should be a work authorization for engineering services and construction for the Heron Bay residential parcel we awarded.  This funding agreement goes with it.  It was work authorization #141.  It was on the last agenda.

            Ms. Rugg stated it was not brought to the Board last month.

            Ms. Early stated it is an engineering service for the parcel we just awarded.

           

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor work authorizations #141, #143, #144, #145, #146, #147, #148, #149 and Funding Agreements #407, #408, #409, #410, #411, #412, #413, #414 were approved.

 

SEVENTH ORDER OF BUSINESS                        Consideration of Permit Requests

            A.     Parkland Golf and Country Club POD 16 – Drainage Outfall into Canal S2-4

            Ms. Early stated these are surface water management permits.  We have one for Pod 16 in Parkland Golf and Country Club.  We also have one from the Turnpike Authority for the Sawgrass Expressway widening from Coral Ridge Drive to the Florida Turnpike.  The letters associated with our review are in the agenda package.  They meet all of the requirements.

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the permit request for the Parkland Golf and Country Club POD 16 drainage outfall into canal S2-4 was approved.

 

            B.     Sawgrass Expressway Widening from Coral Ridge Drive to Florida Turnpike

            Ms. Early stated this is the same type of permit.

            Mr. Lauritzen stated a sound proof wall is going to be built.

            Mr. Udine stated the Sawgrass Expressway is paid for by toll money.  Parkland did not meet the residential densities, but because it was toll money for Broward County they insisted he put the walls up.

            Mr. Lauritzen asked how long is it going to take?

            Mr. Udine responded it is a big project.  They widen from the inside areas.  They will be starting soon.  There was a design meeting in the past few weeks and the plan is almost completed.

 

On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor the permit request for widening of the Sawgrass Expressway from Coral Ridge Drive to the Florida Turnpike was approved.

 

EIGHTH ORDER OF BUSINESS                           Staff Reports

            A.     Attorney

            Mr. Lyles stated I am proud to distribute the codification, which is the new Florida Statute conforming our various bills and amendments into one document cited as Chapter 2005-341 Laws of Florida.  It was signed by the Governor on June 10, 2005 and is now Florida law. 

            B.     Engineer

            The engineer’s report was discussed under the manager’s report.

 

            C.     Manager

                       i.  Large User Agreement/Rate Information

            Mr. Moore stated we have no sewage plant in NSID.  Our sewage goes to the county through a large user agreement they had from approximately 1986.  There has been no utility fee increase to our customers over the past five years.  We experience a 5% to 6% increase every year.  I made a tabulation and since the inception we had a 50% charge from the county.  This is the first year they did not raise it.  You may need to look at passing it on in your fee structure.

           

                       ii.  Mitigation Consultants Invoice and Payment

            Mr. Moore stated NSID has about 23 to 30 acres of mitigation.  You will be discussing the cost of the mitigation at next month’s budget meeting. 

            Mr. Lauritzen asked can you define mitigation?

            Mr. Moore responded when a developer or a District develops raw land, there are sometimes sensitive lands needing to be accounted for or replaced.  This is called mitigation.  If you have wetlands and you destroy a half of an acre, the county may allow you to put three quarters of an acre somewhere else to accommodate the wetlands.  In some cases they may not let you destroy it at all. 

            Over the past 10 to 15 years we dedicated by our plats approximately 18 acres and ultimately 23-25 acres of mitigation.  They will be coming to the Board for us to own and maintain forever.  You need to have specialists to watch out for your interest.  A firm named Miller Legg was hired about three years ago by NSID.  They are currently managed by CH2M Hill to do certain tasks on our behalf.  They had a lump sum contract and they had additional services.  Because the mitigation contractor was not doing a good job at the time, they were requested to come out on numerous occasions in addition to the contract and they were paid for those times.  One time they came out and the management in the past decided not to pay the bill.  I do not feel it is fair for this bill to be pending.  I told the consultant I would come to the Board.  There is a letter from our consultant recommending we pay this bill.  I think they deserve to be paid for their services.

            Mr. Lauritzen asked were these services done?

            Mr. Moore responded yes.

            Ms. Early stated when the mitigation was newly planted and we hired a new firm to take care of it, they were having a great deal of problems.  They were destroying some of it.  We had many new homeowners calling Mr. Schooley who typically sprayed the lakes; however, we had this special company doing it in Heron Bay because of the mitigation areas.  Mr. Schooley would call me and I called Miller Legg.  We had a meeting with homeowners and with the golf course personnel.  Miller Legg was very prompt when I called them.  For two years we struggled with the past contractor and Miller Legg had to come out all of the time to meet with everyone.  Those were the additional services.  They inspected the pay estimates from the contractor monthly.  They came out many times to meet with homeowners as well as the contractor. 

            Mr. Lauritzen asked was this an oversight?

            Ms. Early responded I do not believe anyone realized the magnitude of the problem.

            Mr. Moore stated they were authorized to do the work by our consultants.  It may have been a personality problem three years ago.

            Mr. Lauritzen asked how much money are you talking about?

            Mr. Moore responded $8,664.02.

            Mr. Keller asked was the fee reduced?

            Mr. Moore responded I asked them if they would deduct $5,000 one time and they verbally agreed.  They are presently doing work for the mitigation.  They will look out for our interest in the future because they are a good firm.  I want to keep the relationship between them and the District open.

            Ms. Early stated WCI is currently paying them because we have to replace some mitigation areas.  WCI is paying for the replacement because of the lack of maintenance and the confusion as to who was spraying.

            Mr. Lauritzen stated if we are liable to make a payment I do not want a discount. 

            Mr. Lyles stated based on staff recommendation the work was done.

 

On MOTION by Mr. Mendelson seconded by Mr. Lauritzen with all in favor payment in the amount of $8,664.02 to Miller Legg for services rendered was approved.

 

                       iii.  Parkland Isle’s Landscape Contract

            Mr. Moore stated approximately a year and a half ago we bid a three year maintenance contract for the Parkland Isles maintenance berm.  Mr. Baldis and the HOA are not happy with the service they have been getting with the contractor.  Mr. Lyles looked at the contract and it seems our only option is to rebid the contract.  We can award the contract to a new contractor and go through the terms as well as the conditions of the contract to give proper notice of termination to the existing contractor. 

            Mr. Lauritzen asked have you seen sufficient evidence to validate these complaints?

            Mr. Moore responded not personally.  Mr. Baldis is our landscape person.  I had both a landscape contractor and Mr. Baldis tell me it is unsatisfactory.  I am relying on my staff.

            Mr. Lyles stated if you want to implement Mr. Moore’s recommendation, the motion is to authorize staff to give notice of termination to the current landscape contractor as well as further authorization to rebid the contract.

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor staff was authorized to give the current landscape contractor notice of termination and to rebid the landscape contract.

 

            Mr. Moore stated I am leaving the District next month.  I have been with Gary Moyer for 16 years and served six years with NSID.  This is my last meeting.  I am giving out a general map and an area map.  Also the steps and procedures we do at the water plant when we have a hurricane.  I want to give this to you as a token of my appreciation.  I thank you for letting me serve you.

            Mr. Keller stated we need to discuss a security issue.  CSID chose to eliminate armed security at this location no later than September 30, 2005.  They want to go with hardware and technology to provide security at this location in order to save money as well as to match the level of a realistic threat.  We wanted to bring it to your attention.  It does not require any action at the moment.  It is something for you to think about and consider.

            Mr. Lauritzen stated I am an advocate for high tech securities.

            Mr. Moore stated we presently have a few cameras on the site.  We are going to adhere a Sunpass type of situation at the gate with monitored cameras.  The device will be issued to all employees and Board members.  We have one gate at NSID and in a future phase some of the berming will be removed.  We are planning on eliminating some of the guard services at CSID within 30 days after we get the operation of our security system, which includes cameras, the gate, the license plates as well as three different buzz-in operations.

            Mr. Keller stated we can bring some options for your consideration at the next meeting.

            In regard to the Heron Bay Commons property we have not received the financial audit.  I was told it will be done very soon.  It should be available before the next meeting.  A report for the operational audit is being prepared and it will be submitted to the Vice President of Severn Trent Services.  Once it is available, the determination on how the information will be used or available will be decided.

            Staff met with Mr. Hollander this past month to review public records.  Mr. Hollander found some of the information he was looking for.  There are other records he is still looking for.  We will make additional attempts to provide the public records being requested.

           

NINTH ORDER OF BUSINESS                             Supervisor’s Request and Audience Comments

            Mr. Udine stated I want to thank Mr. Keller for taking care of the issues I raised last month about the lifeguard situation at the Heron Bay pool. 

            Mr. Keller stated WCI responded immediately and handled the situation.

            Mr. Udine stated thank you to the people at WCI.  As I look at the map and see how the District has grown into Parkland, I think you should link Parkland’s website onto your homepage.

            Mr. Mendolia stated I want to thank NSID for helping the Colony section of Heron Bay.  There was a problem with the sewage system and NSID took care of it within one hour.

            Mr. Lauritzen stated I want to thank Mr. Moore.  He has been a great service to the District.  I propose management look into something to place Mr. Moore’s name on to remind us of how he served the District.

            Ms. Grace stated I am the Chair to the Falls HOA in Heron Bay.  We had a meeting in February regarding mismanagement of money in the commons.  We wanted to know what happened with the audit.  I remember at one meeting Ms. Verger’s boss told her she was going to get a large windfall.  If $60,000 was mismanaged, why would you be giving it back to this club manager?  What is going to happen with this money and the management of the commons?

            Mr. Keller responded we are waiting for the financial audit report and the operational audit report to make determinations as well as recommendations to the Board on how to proceed.

            Ms. Grace asked who is paying for the audit?

            Mr. Keller responded the District is paying for the financial audit and the operational audit is being paid for by Severn Trent Services.

            Mr. Grace asked do we have a time as to when we will have the information?

            Mr. Keller responded we anticipated having the financial audit completed by now.  It should be ready prior to the next meeting.  The operational audit should be done shortly as well.

            Ms. Grace asked will you then have a total of how much money did not come in for the various rentals?

            Mr. Keller responded we are not going to characterize it.  We will get all of the information at that time.

            Ms. Grace asked will the Board make a decision about what happens to the commons?

            Mr. Keller stated we will provide the information to the Board with our recommendations and they will have some policies to make.

            Mr. Lauritzen stated we are aware of your concerns, but we cannot do anything until these reports are finalized.

            Mr. Hollander stated in December I gave Mr. Lyles a letter for documents.  I still do not have them.  I was very specific as to the documents I wanted.  It has been seven months and I do not have them.

            Mr. Lyles stated the letter you handed to me at a meeting was immediately handed to the District Manager to respond.  You and I had several conversations.  District Staff has tried their best to obtain every document meeting the description in your request and provide it to you.  The documents they produced after searching their files are not complete.

            Mr. Keller stated we will search all of our files, our archives and anywhere else we can think of.  We will identify the records which were found and delivered, those which have not been found and those with any questions as to whether they exist. 

            Mr. Hollander asked what is the required time period by law?

            Mr. Lyles responded there is no specific time period.  They have expended a considerable amount of time and effort to obtain documents.  At some point we will have to determine we looked everywhere our resources allow us to look and we do not have custody of the documents.

            Mr. Hollander asked how are they auditing if they do not know what should be there?

            Mr. Lyles responded the operational audit you are referring to is something undertaken by Severn Trent Services.  If the direction is insufficient, then the auditor will tell them what they need to have in the way of direction or guidelines for the audit.

            Mr. Hollander asked has this Board asked WCI for the documents?

            Mr. Keller responded we had correspondence requesting the documents.

            Mr. Hollander asked may I have a copy of the letters?

            Mr. Keller responded yes.

            Mr. Hollander stated WCI offered approximately $60,000 that was paid into somewhere.  Was the money deposited by NSID?

            Mr. Keller asked what was the money for?

            Mr. Hollander responded reimbursement for room rental.

            Mr. Keller stated our recommendation months ago was not to act upon it until the entirety of the issue was addressed.

            Mr. Hollander asked do you not have the money?

            Mr. Keller responded no.  That was our recommendation at the time.

            Mr. Hollander asked how much longer am I going to wait before they determine there are no records?  What am I going to get back from you?

            Mr. Lyles responded the District Manager’s office is the custodian of the records.  You are going to get a response either with a record or with a statement that no such document exists or it is not in our possession.  You can expect to have it within a month.

 

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

            There being no questions or comments,

 

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the invoices, requisitions and financial statements were approved.

 

            Mr. Moore stated I want to introduce Mr. Doug Hyche.  He has been helping me for the past year and he is in charge of the North Springs Water Plant. 

            Mr. Keller stated in reference to our discussion at the beginning of the meeting about the notice and legal process in terms of the budget, we recommend reading into the record a resolution approving the proposed budget and stating public hearings will be held at the August 4, 2005 meeting.  The title of resolution 2005-6 is a resolution of the Board of Supervisors of the NSID approving the fiscal year 2005-2006 proposed general fund, special fund, water and sewer enterprise fund and debt service fund budgets and setting a public hearing on August 4, 2005 regarding said budgets.

           

On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor Resolution 2005-6 approving the proposed budgets and setting a public hearing for August 4, 2005 at 4:00 p.m. at the District Offices in Coral Springs, Florida was adopted.

 

 

 

 

 

 

 

 

 

 

ELEVENTH 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 4:53 p.m.

 

 

                                                                        

 Salvatore J. Mendolia                                                     Matt Lauritzen

 Secretary                                                                        Chairman