MINUTES OF MEETING
NORTH SPRINGS IMPROVEMENT
DISTRICT
The regular meeting of the Board of Supervisors of the North Springs
Improvement District was held on
Present and constituting a quorum were:
Salvatore J. Mendolia
President
Steve Mendelson
Secretary
David L. Gray
Supervisor
Also present were:
Ed Goscicki
Interim Manager -
Dennis Lyles
Attorney
Jane Early
Engineer
Shawn Skeehan
CH2M-Hill
Nick Schooley
Field Superintendent
David Wolf
WCI Communities
Rebecca Smith
WCI Communities
Numerous Residents
FIRST ORDER OF BUSINESS
Roll Call
Mr. Goscicki
called the meeting to order and called the roll.
Mr. Goscicki stated I assume most of you are here for item three, which
is the public hearing to consider adoption of the Heron Bay Commons Budget. NSID is a governmental entity; not an
HOA or club. We request you abide
by the rules of civility, which you use for any public forum or entity. There are two opportunities for the
public to participate. Not every
item is open for discussion. We
will open the public hearing and give a brief presentation to the Board and then
take any questions or comments from the public. I suggest we keep comments from the
audience to no more than two to three minutes because we have a number of people
here. Please identify yourself when
you speak with your name and address for the record.
A resident asked will copies of the minutes be distributed?
Mr. Goscicki responded if they are not distributed, we can provide copies
by email. If you wish to have a
copy, please let me know. We keep
detailed minutes of all meetings.
SECOND ORDER OF BUSINESS
Approval of the Minutes of the July 19, 2007
Meeting
Mr. Goscicki stated each Board member received a copy of the minutes of
the
There not being any,
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor the minutes of the
THIRD ORDER OF BUSINESS
Public Hearing to Consider Adoption of the Heron Bay Commons Budget for
Fiscal Year 2008 (Resolution 2007-7) and Levy of Non Ad Valorem Assessments
(Resolution 2007-8)
Mr. Goscicki stated at the last meeting, we presented the Heron Bay
Commons Budget, which included three alternatives; the basic budget, keeping
assessments at the current level and two alternative budgets providing for the
addition of four tennis courts at The Heron Bay Commons. The current cost for this project is
$750,000. The District has $250,000
in available funds but we need to borrow additional funds in order to proceed
with this project. Because the
borrowing of additional funds resulted in an increase in assessments, we were
required to go through the public notification process, which we did to all
affected residents identifying the assessment amount if we moved forward with
this project. At the Board’s
request, we looked at multiple alternatives. If we do not build the tennis courts,
then the assessments will remain the same and we will be able to keep our budget
within the current assessment levels.
One alternative is a five year payback schedule as well as a two year
payback. The impact of doing the
five year loan will increase the assessment from the current level of $215 per
unit per year up to $287.26 per unit per year or a $72 increase. The 10 year alternative will increase
the current assessment of $215 to $256 or an increase of $41. To summarize, the alternatives
are:
1.
Not to move forward with the expansion of the tennis courts and not
increasing the assessments.
2.
Move forward with the expansion of the tennis courts with either a five
or ten year financing.
Mr. Goscicki stated at this time, we will officially open the public
hearing.
Mr. Darrell Miles stated I live at 8247 NW 107th Terrace in
Creekside. I am the Chairman of the
Creekside Neighborhood Committee. I
spoke to many people who are for and against this expansion. Most people who were opposed told me
they do not play tennis, which is the main reason why they were opposed. When the Improvement District took over
the responsibility for this endeavor years ago, they knew what the ultimate size
Ms. Linda LaRue stated I live at
Mr. Wolf responded the job was fully contracted less the de-mucking.
Ms. LaRue asked was a usage study done or do we have hard evidence this
is going to be useful to the community?
Mr. Goscicki responded I am not aware of a usage study. The project was precipitated based on
input from the community through the HOA and Board meetings. There has been a great deal of
discussion over the years on this matter and it was initiated through community
input; not through unilateral action of the Board.
Ms. Donna Greyson stated I live in Meadowbrook. I have not been to any of the Board
meetings before but from talking with several people regarding the issue with
adding new tennis courts, people are having problems getting tennis courts
available. There is a certain part
of the day when the tennis courts are not available but I never had a problem
getting a tennis court and heard no complaints from my neighbors. My understanding is there is a part of
the day when the tennis courts are overbooked by people who do not live in
A resident stated I think she is talking about
leagues.
Mr. Smith stated I am the Club Manager. In order to reserve a tennis court, we
require 24 hours notice. A resident
has to call in. They are allowed up
to one guest per resident per tennis court, during the busiest time of day,
which is
Mr. Goscicki stated the Board had discussions with regard to access, who
has access and how we manage this access.
Regardless of the outcome of this budget, this Board has committed to
tighten up the rules and regulations and formalize through a public process and
get them codified in the public forum.
Regardless of what happens here, this process is something the Board is
committed to and will be working on this year.
Mr. Mendelson asked did we discuss at another meeting, the fact of these
tennis courts being open to the public and we cannot restrict anyone from coming
in?
Mr. Wolf responded I wish to answer this question. I am the Senior Project Manager of
When this came up again, as a developer we were excited. It certainly does not hurt us from a
sales perspective to have additional tennis courts and additional capacity. As a resident, I was thrilled about this
because it did not hurt us to have more hard/clay tennis courts. As President of the HOA, we thought it
was in the best interest of the residents to have additional capacity for our
peak hours. In addition, I believe
the reason we are here today, by no intention of previous management, we had a
miscommunication in moving forward on this project with the overall population
believing the courts were on a forward tract due to the fact there were
additional bond monies available through the initial bond.
Mr. Goscicki stated you are absolutely correct in terms of the
assumptions but for the record, as of October 1st, Severn Trent
Services will do all of the accounting for this District with our own
staff. This is why we are
here. There was a presumption there
were sufficient funds. However, as
we delved into this further, we discovered there were not sufficient funds and
this will require short-term borrowing to create sufficient funds and hence,
provide notification. Regardless of
how we got here, this is where we are.
I do not think anyone was trying to do anything funny or slip anything
through. The belief was there were
sufficient funds in the original bonds to build this facility. This turned out not to be correct and we
needed additional dollars.
Mr. Mendolia asked are you saying WCI wants extra tennis courts and are
agreeing to them no matter the cost?
Mr. Wolf asked are you asking me as a representative of the
developer?
Mr. Mendolia responded either way.
Mr. Wolf responded it is not terrible for the developer to advertise they
have more tennis courts.
Mr. Mendolia stated the reason why I asked this is because WCI will
benefit from more tennis courts.
The benefit will be incurred by WCI and the residents. I believe at one time, you were not in
favor of the additional tennis courts and now you are.
Mr. Wolf stated we had many conversations in the past. If you are asking me as a resident, I
agree with Mr. Miles. It does not
hurt me as an individual to pay the five or ten year assessment for the overall
betterment of the community, if the community feels it is in their best
interest. I will not fight it. I will pay my bill, just like everyone
else. As the President of the HOA,
it is my duty and obligation to present what is occurring in the neighborhood to
the residents so they can attend, come here and state their opinions and have
the Board figure out what they want and do what they want because it is their
community. This is my position as
President of the HOA. As the
developer, I have another 800 homes to sell and it does not hurt me to have more
tennis courts. The developer is not
participating in the cost of these courts and they will be a benefit on the
backs of the homeowners. The
developer agreed to de-muck and supply the fill for these tennis
courts.
Mr. Mendolia stated this is new.
Mr. Wolf stated no, it is not new.
It has been Ms. Early’s position all along that I was participating. Is this portion contracted at this
time?
Ms. Early responded no. We
brought it to the Board and the Board refused.
Mr. Wolf stated this was a fully contracted job. Was it
not?
Ms. Early responded the job was fully contracted. When we bid the job, a question came up
about how much muck was there. All
of the developments were de-mucked.
However, once we got out there, we were sinking in the muck and found out
there was a disposal fee from WCI.
From what I understand, behind the courts there was just a field where
additional muck was spread to get rid of some muck. Now there is 18” of muck. The contractor feels he was misinformed,
which he was.
Mr. Wolf stated I still stand by the position WCI was willing to
participate.
Ms. Early stated I appreciate it.
I went to Mr.
Mr. Wolf stated I will stand by my position as the developer and Senior
Project Manager for WCI to participate in the de-mucking of the property,
providing there is enough support to proceed with the additional tennis
courts. If there are no further
questions from the Board, I believe I have gone on the record both as a
homeowner and President of the HOA as well as the developer and my position is
clear to everyone in the room.
Mr. Mendolia asked does WCI have any intention of donating money towards
the tennis courts?
Mr. Wolf responded I cannot answer.
This is a project benefiting the developer. It does not hurt the developer if it
does not go forward.
Mr. Mendolia stated we are putting a burden on the residents by paying
$75. WCI is going to benefit even
more than the residents and they should donate some money towards
it.
Mr. Wolf stated it is not my place to put a burden onto the
residents. It is my position to
notify them so they can come here.
Mr. Mendolia stated you need to go back to your boys at WCI and say, “We
are going to benefit more so we should pay”. They do not have to give a big
amount.
Mr. Wolf stated it is not a good time to discuss
this.
Mr. Goscicki stated the developer and the community needs to understand
whether the lots are unsold or sold, the residents are still assessed. You are still being assessed for the
parcels you own such as the developer is paying their share against those
properties.
Mr. Wolf stated I cannot speak to what our assessments are on undeveloped
land. My first position is as a
resident and second as President of the HOA. I believe I did my fiduciary
responsibility.
Mr. Goscicki stated I am speaking as the person who puts together your
Assessment Rolls. It is a bill
coming due and has come due in the past.
This is the way the Assessment Rolls are sent out. You are paying a proportionate share on
platted undeveloped properties.
Mr. Wolf stated the developer pays those assessments because this is what
the residents want.
A resident stated as the President of the Association, you should have a
survey done with the residents to get their opinion.
Mr. Wolf stated as the President of the HOA, I was instrumental in making
sure the residents could have their voices heard at a public hearing. It is not my responsibility to have a
survey done. It is the
responsibility of NSID. As the
managers of the facility, if NSID wanted us to do this survey and pay us to
survey the residents, we are happy to do so.
The resident stated a survey was sent out a year ago asking the residents
what they wanted the developer to do with the land. They mentioned numerous ideas such as
tennis courts or a ballfield. Do
you have the results of this survey?
Mr. Wolf responded I caution the use of a survey in a mailed format as I
believe it is only an opinion of the active residents and the residents who
wanted to take the time to fill the survey out. The actual form for deciding whether or
not the residents of our community want to spend money to improve the tennis
courts is not the responsibility of the HOA or the developer. It is the responsibility of NSID because
they are moving forward with the contracts for this work. We are happy to participate in any way,
shape or form to help you determine the true response of the community. When you have meetings; whether they are
budget meetings, hearings or public opinions, you are going to get both ends of
the spectrum in small percentages.
You are not going to get a true feel of what the community actually wants
because the apathy of 2,200 homeowners is fairly strong.
Mr. Goscicki stated this is the legal forum. Public notice went out to every affected
property owner.
The resident asked what was the original design criteria and plan for the
tennis courts as a master planned community and what number were you aiming for
based on the total build out?
Mr. Wolf responded I believe the original number was 10, which were
built. Then the developer realized
they were short and there was still bond money left and increased the number by
four. I do not believe there was
any study done to say four was the magic number. We still may have too many tennis courts
or not enough. There is no one in
this room who can scientifically tell you whether we have the right number of
tennis courts. Furthermore, no one
in this room was opposed to additional tennis courts when the money was leftover
in the bond. Are you a resident of
Casa del Sol?
The resident responded yes.
Mr. Wolf stated I did my fiduciary responsibility both from the
developer’s perspective as well as from a homeowner’s perspective. I leave this in the good hands of the
people who live in
Mr. Mendolia stated thank you.
Ms. Marguerite Condon-Nucatola stated I live at
Mr. Goscicki stated this budget is one of six budgets within NSID. Five budgets were approved last month at
a public hearing where very few people attended. It is important for the community to
understand there were no increased assessments in any of the other budgets. There is a public hearing next month on
the Water and Sewer Budget and there will not be any increase in the water and
sewer rates. Of all the budgets
within NSID, this is the only one with an increase. I wanted to put into perspective this
Board has been clearly hearing the message from the community to keep the rates
and assessments down and not to increase assessments.
Mr. Wolf stated WCI did not build or invest any money into The Heron Bay
Commons. It was strictly built on
bond money. WCI did build a $12.5
million plus clubhouse, which we just deeded over to the HOA. WCI never participated in Heron Bay
Commons.
Mr. Goscicki stated I am not in the position to go into the history of
funding NSID on the split of bonds.
We can spend four hours on this discussion alone. Let’s stick to the issue at hand.
Mr. Robert Nucatola stated four tennis courts were added last year to
what was already there. Now they
are talking about adding four additional tennis courts. I do not think it is going to do
anything. You are still going to
have the same problem with people coming to play tennis in the morning because
it is cooler. No one wants to play
in the afternoon. They also want to
play when they come home from work, which is understandable. I do not think it is going to add any
benefit, especially when people are losing their homes. They cannot afford to pay their
assessments now and we are increasing the assessments.
Mr. David Philbrick stated I live at
Mr. Don Morris stated I live at
Ms. Mary Morris stated I attended most of these meetings. Can you explain who made the decision
for the additional tennis courts? I
heard rumors and cannot get educated by rumors.
Mr. Goscicki responded the decision was made by the Board. The issue was brought before the
Board.
Ms. Morris asked by whom?
Mr. Goscicki responded staff of NSID.
Ms. Morris asked who brought it to you?
Mr. Goscicki responded I was not here and do not have the details. It was based on community input but I
cannot tell you where this input came from. The Board was moving forward on the
premise there were sufficient funds.
When we found out there were not sufficient funds, the Board stopped the
project.
Ms. Morris stated I was under the assumption another Board made the
decision on the tennis courts.
However, this can be a rumor.
Mr. Mendolia stated in prior meetings, we heard the residents wanted more
tennis courts. I pushed for the
tennis courts and went along with this, subject to the funding being
available. I was told there was
money available and said, “If you have the money, let’s do it” as WCI is going
to benefit on the sale of homes.
The residents are definitely going to benefit, because if even one more
tennis court is built, this is one more tennis court someone could be
using. People will use them and if
they do not use them, they will be there.
Then we found out there was no money available.
A resident stated this is why we are here.
Ms. Judith Gravel stated I live at 5708 NW 125th Terrace. I am totally opposed to either a five
year or ten year amortization on whatever is borrowed against the bonds. We agreed to the initial amount of 10
tennis courts and four additional tennis courts, if money was available. In order to have four additional courts,
it will cost us additional money.
Some residents are on a fixed income. It is difficult for some of us to come
up with an additional assessment, which we have to pay our homeowners insurance
and association fees. We had to pay
a hurricane assessment and are still trying to recover from our hurricane
damage. Therefore, I am opposed to
the expansion and additional assessment.
Ms. Phyllis Sandow stated I live in the Estates at
Mr. Goscicki responded NSID owns these assets and did not turn them over
to anyone. There is a Management
Agreement between NSID and the HOA to manage the facility. The HOA contracts with WCI to manage the
property.
Ms. Sandow stated so you own the property.
Mr. Goscicki stated correct.
If not, it will be the homeowner’s problem.
Ms. Sandow stated in other words, we are paying to improve your property,
of which someday the government may sell it. This is our money to improve your
property.
Mr. Goscicki stated NSID is your local government. This is a governmental entity, which you
are citizens of.
Ms. Sandow stated then it is truly governmental
property.
Mr. Goscicki stated correct.
Ms. Grandale stated even though I rarely go out, I do not want to pay for
something I do not use. We do not
pay for the racquetball courts or the pool.
Ms. Elaine O’Neill stated I live at
Ms. Lila Pagano stated I live at
Ms. Sylvia Bland stated I live at
Mr. Mendolia responded there are people here approving of the
expansion. At the meetings we
discussed what we were doing, the tennis people were here.
Ms. Bland asked was all of this stated in an email; in regards to the new
tennis courts and the assessment?
The first time I heard about this was in the letter I received from the
CDD.
Mr. Goscicki responded the Board meets monthly and there is a public
advertisement placed monthly notifying the community about Board meetings. This is the legal advertisement you see
along with all of the other local government advertisements. We do not get a great deal of
participation unless the community has an issue they want to bring to us. In a situation like this where we are
increasing assessments, we are required by law to provide individual
notification to the residents to make sure we get public input. If we are not increasing assessments, we
are still doing monthly notifications.
These are all open public meetings like this one. However, when we are in this type of
situation where we are saying, “We want to dip into your pocket” we notify
everyone individually by first class mail.
Ms. Bland stated since you were able to send a letter to me and everyone
else, when you individually had people come to you and say they needed
additional tennis courts, Mr. Mendolia proceeded to say, “Let’s get this
going”. A letter could have been
sent out saying there was a discussion about adding more tennis courts, which
may be an additional cost to the residents and we could have had an open forum
and saved all of this time and stress.
Mr. Goscicki stated I appreciate your concerns. I do not want to sound arrogant or
flippant, but this is a representative government and your Board members are
elected to represent you. This is
the same as your City Council or
Ms. Bland stated I oppose the additional tennis
courts.
Ms. Maria Hough stated I do not want four additional tennis
courts.
Ms. Jill Boca stated I live at
Mr. Gary Magrau stated I live at
Mr. Goscicki stated correct.
Mr. Magrau stated he said $250,000 was available to be used against this
contract.
Mr. Goscicki stated correct.
Mr. Magrau stated then we are only looking at spending
$500,000.
Mr. Goscicki stated correct.
Mr. Magrau stated when I take the assessment of $70 per year and multiply
by 3,000 units, this adds up to $200,000 per year. Over five years, this will cost us $1
million for $500,000. Is this
correct?
Mr. Goscicki responded part of the assessment was for maintaining the
reserve funds. Instead of drawing
down the last $200,000, we will keep some funds in reserve for other
contingencies.
Mr. Magrau asked what will the reserves be used for?
Mr. Goscicki responded for ongoing maintenance and renewal and repair of
the Heron Bay Commons infrastructure.
Mr. Magrau stated maybe the people who play tennis or control the leagues
at The Commons can work harder to get some extended playing time. Perhaps they can play until
Mr. Goscicki stated rescheduling issues are HOA issues. The issue of who gets to use the tennis
courts will be something we will be taking up later this
year.
Ms. Christian Gentille stated I live in Bay Cove. I am against the expansion of the tennis
courts and the assessment for all the reasons stated.
Mr. Paul Gentille stated I live at
Mr. Lyles responded they do not have the ability to refinance the
bond. However, this Board has the
ability to at a public hearing like this.
Mr. David Graff stated I live at
Mr. Everard Lee stated I live at
Mr. Anthony Ragusa stated I live at
Mr. George Jones stated I live at
Mr. Cliff Haye stated I live at
Mr. Goscicki responded it remains the property of NSID. The debt service payment you are being
assessed will drop off the assessment roll.
Mr. Haye stated so at no time do the residents retain ownership of this
facility.
Mr. Goscicki stated the homeowners have ownership. You are residents of NSID, which is a
governmental entity. It is like a
county park.
Ms. Laurie Jackerson stated I live at
Mr. Stuart Bacher stated I live at
Ms. Teri Jablow stated I live at 5733 NW 121st Terrace in
Villa Sorrento. I walked around to
obtain signatures because many people complained they could not attend this
meeting. We did not get many
signatures because we only did this in two days. The Board should send a letter to every
homeowner asking them whether or not they want the additional tennis
courts.
Mr. Goscicki stated we already addressed this
question.
Ms. Jablow stated people are going to buy in
Ms. Rosemary Brewster stated I live at
Ms. Mary Serianni stated I live at
Mr. Gerry Cohen stated I live in Heron Isles. Has anything been done to see what
impact the expansion will have on someone’s property such as the lights from the
tennis courts shining on homes?
Mr. Mendolia responded not to my knowledge.
Ms. Early stated I visited someone who lives on the edge facing the
tennis courts and the lights do not affect them.
Mr. Cohen stated the noise affects them. I think the extra tennis courts are
completely unnecessary. I live in
Casa del Sol and drive past them 400 times. They are always empty. Perhaps we can see how many people are
for and against the courts. I
noticed many improvements were made to The Commons.
Mr. Mendolia stated correct.
Mr. Cohen asked were they already paid for or will this be a separate
assessment?
Ms. Early responded they were already paid for.
Mr. Glenn Fine stated I live in Heron Cove. It seems like the tennis people are
asking for something unreasonable.
If I went to the
Mr. Mendolia stated at the time, we were told the money was
there.
Mr. Fine stated the money is not there so there should not be any
discussion.
Mr. Goscicki stated the Board stopped this project and it is not moving
forward. It will not move forward
unless this Board votes to increase the assessments to fund this project.
Mr. Mendolia stated we did not have the money and this is why we are
going through this.
Ms. Karen Mazurek stated I live at NW 120th Terrace. I am the Chairman of the Tennis
Committee. I apologize to the
residents for being misinformed. I
approached the Board a couple of months ago requesting more tennis courts; not
the Tennis Committee. You need to
understand there are hundreds of people playing tennis. I am here to tell you the supply does
not equal the demand. It is not
just in the morning. We have
juniors and over 80 families participating in our junior program and hopefully
we are going to continue growing this program. We also have the men’s program as well
as a slew of social players. WCI
can present log after log to show you where residents are being denied tennis
courts. The reason why I do not
have this room filled with more people is because we are fighting uphill a
couple of negative people who apparently misinformed you. I personally apologize. I am asking all of you to think outside
the box because “The supply does not equal the demand”. It will only cost us $40 over 10 years
and we will be back here again when those homes are built because you are saying
the homes are not selling because of the tennis players. I can specifically tell you 15 people on
tennis leagues sold their houses in
Ms. Rita Hoesing stated I live at
Ms. Lynne Rudolph stated I live at
Mr. Leroy Booker stated I am a tennis player. I was surprised when I saw the sign for
the expansion of four additional courts.
We did not ask for the courts.
If you thought you had the money, where did it go? You have an audit showing the funds were
available in February and in July, they were gone. You cannot have a contract without any
funds.
Mr. Goscicki stated as we stated earlier, accounting errors were made
showing the funds were there.
However, the money was not there in terms of the fund balance. It was thought there were more funds
available. We are talking about $12
million in expenditures over a multi-year period of time. There were errors
made.
Mr. Booker stated I am seeing lack of accountability because you hired
WCI to manage your books.
Mr. Goscicki stated this has nothing to do with
WCI.
Mr. Booker stated contrary to what tennis players believe, if this was
managed better, we would have more time to play. The person who hired WCI should take
responsibility. We need to have a
voice going back to WCI. It is true
we did not need the extra four tennis courts today but five years down the road,
we are going to need them as we are going to have 800 more homes being
built. This means only one in ten
people will play. We should have a
long term plan for building more tennis courts in the future. The expenditures needed for resurfacing
the pool were used from a settlement received from WCI, which was not approved
by us. You have to take a certain
amount of expenditures from all of the residents and use it towards the
community, not just the tennis courts.
There are other improvements we need to take care
of.
Mr. Mendolia stated I have been a member of this Board for six years and
I do not recognize you. We have
meetings once a month. All of the
items you mentioned today were discussed at these meetings. We discuss everything including the
tennis courts in detail. If you
were here every month asking about what happened to the money, we would have
answered you.
Mr. Booker stated I am asking about missing funds.
Mr. Mendolia stated I am talking about missing funds and everything
else. When you see a problem, you
should approach the Board. You do
not come six months later and ask, “What happened”.
Mr. Goscicki stated there are no “missing” funds. Let’s get the record
straight.
Mr. Booker asked do you know where the money went?
Mr. Goscicki responded yes.
This is why we now know there are not sufficient funds for this
construction.
Mr. Booker asked can I get some information on what
happened?
Mr. Goscicki responded it is called the budget and the annual auditing
financial statements. If you came
to the meetings when we are having these discussions, you would know. If you want to receive a copy of last
year’s annual audit, we are happy to provide it to you as it is available in the
next week or two.
A resident stated to be fair to those who work, we cannot get
here.
Mr. Mendolia stated we moved the time of our meetings from
The resident stated people work until
Mr. Mendolia stated maybe we should consider meeting at
The resident stated it is held the wrong time.
Mr. Goscicki stated the Sunshine WCD, which is in the central part of
Mr. Cohen stated the problem is we have been assessed to death. I bought my home in 1999 and at the
time, WCI told me the assessment was $600 per year for The Commons and it was
going to stay this amount due to the bond.
I was the first buyer in Casa del Sol and had my choice of either side of
the field. They guaranteed me if
they could not build in the field, it was supposed to stay open space according
to our plans. I oppose the
expansion.
Ms. Nancy Klahr stated I live at 5790 NW 127th Terrace. I came here from work and have been out
since
Mr. John Willis stated I live at
In reading through your minutes before I came here, there is no issue
with this Board. This Board
basically came out and said this is a public facility open to the public. Is this correct? Whether or not this is legally
debatable, in reading the minutes, it is my position this Board has the position
of the public being able to enter the facility. In addition, WCI is building a whole new
section of
At the end of the day, you will be short sided to not build these tennis
courts as much as I do not want to pay the fee and I do not think these
residents should pay the fee. I
want to be able to enjoy this community.
I waited three years for WCI to build my house so my family could be
raised here. I do not want to have
to play tennis at
A resident stated the bulk of the new homes are on the north side of
Mr. Goscicki stated but it is all part of
Mr. Willis asked can the Board please tell me their position as to
whether or not this is a public facility.
Mr. Lyles responded this is a unique form of financing. To my knowledge, this is something WCI
tried as an experiment or prototype a decade ago. At the time, there was no background or
experience in how to use a public funding source and for a District to own it on
behalf of the residents who pay assessments to the District. It was somewhat of a learning experience
for everyone involved. We now know
there were changes in the Federal Tax Code relating to tax exempt financings and
the bonds we issue to get an advantageous rate on because we are a governmental
entity and issues related to whether or not facilities such as the Heron Bay
Commons facility could or could not qualify. When we did these bonds, the attorney of
the Tax Attorney qualified for tax exempt financing and met the standards for
IRS restrictions on these complex types of financings. In the intervening years, those rules
and interpretations shifted somewhat and we have a less certain tax status for
these bonds. We have not been
challenged and are not under any audit or review. We want to make sure we do not come
under any audit review or situation and do not want our assessments to be
increased because the interest on the bonds are subject to tax as opposed to tax
exempt.
There is currently a review being done and once this review is complete
and we are through consulting with Tax Counsel and other experts, people who
desire to come through the gate and access this facility will have to do so
through the payment of fees through memberships, recognizing everyone in this
room and owning property in Heron Bay already pays assessments towards these
facilities. There will be no fees
contemplated regarding the residents of
Mr. Willis stated I appreciate the response. If this is the Board’s position, I
request you take this into account when deciding on a form of enforcement. You are not just talking about new
development; you are talking about explaining this to the general public with
limited access. I do not know how
you even calculate how many people you are talking about using our
facility.
Mr. Goscicki stated this will be done through a public rulemaking process
where we propose rules and go through a public hearing to adopt rules on how
this facility will be used. If we establish a fee structure for the general
public outside of Heron Bay Commons, this is additional revenue you can use to
build the tennis courts. If you
find there are additional people wanting to use this facility, you can increase
the fee even further to discourage use or if the community wants to, you can
hold a public hearing to set rules.
This is a public process and not a closed door process. The intent is to make sure your property
rights are protected. We as the
Board and the manager and attorney for the Board want to protect the benefit you
are currently getting from your tax exempt bond status. We also want to make sure nothing is
done to threaten your tax exempt status, which can have an impact on this
community.
A resident asked how do I maintain my security from living in a gated
community if the public is allowed free will to come into
Mr. Goscicki responded the fact we are saying the tennis courts can be
public, there is still going to be a process. Not just anyone can walk through the
gate and say they want to play.
They have to apply for a membership and provide identification. They will be charged an annual fee as
part of the membership and receive ID cards. This is all part of the process we are
talking about going through.
The resident stated this is of great concern to me as well as to other
residents.
A resident stated you are not only going to have a problem with
non-residents coming in. I work out
in the morning and many times, there is no parking.
Mr. Goscicki stated I understand your concerns. We manage other districts around the
state with similar situations. A
number of them have water features and pool complexes like theme parks and were
built under public funds but they are private to the community. By going through this rulemaking process
and establishing a fee structure, you will not get a lot of people from
outside. You are not going to get a
line of people waiting to come in and pay several thousand dollars a year to
join your private club. It is not
going to happen. I think there is
an effective rulemaking process you can go through. It is not public in regards to people
walking in and saying, “I am playing for free”. It is up to the NSID Board to come up
with a rulemaking process in a public forum.
A resident stated my concern is tennis pros renting the tennis
courts.
Ms. Smith stated the tennis pros pay a percentage back to the club.
The resident asked where does the money go?
Ms. Smith responded any money collected stays in the Heron Bay Community
Association Fund.
Mr. Goscicki stated the management of the club and these types of
questions are HOA issues. The issue
before us today is funding the expansion of the tennis
courts.
A resident asked how many tennis courts can you fit on the
site?
Mr. Mendolia responded you can fit four. It was a good thought for the
organization; WCI and
A resident asked what constitutes the General Public? Are we talking about the residents of
Mr. Lyles responded theoretically a wider group.
Ms. Zurich stated I suggest you do more studies before bringing up an
issue like this again. If there are
3,000 homes at build-out and 10% of the people play tennis, this means there are
300 people for 12 courts. I know
for a fact it is not being managed properly. I know neighbors who are allowing their
guests to use their card.
Mr. Goscicki stated we are discussing the same issues over and over
again. We asked everyone to provide
input. If anyone has anything new
to add, the Board is willing to entertain it but we do not want to hear the same
comments from the same people.
A resident asked will you have to eliminate the basketball courts in
order to accommodate the tennis courts?
Mr. Goscicki responded if you build more than four, you will have
to.
A resident stated I want you to keep in mind what Mr. Wolf said at the
beginning of the meeting. He said
as far as WCI was concerned, they do not mind if you did the expansion because
it will help them but WCI is not asking for the tennis courts. The HOA is not asking for the tennis
courts. It may be better to do down
the road but right now from what we heard from management, there is plenty of
time.
Mr. Goscicki stated everyone has had a chance to speak and it is now time
to close the public hearing. At
this time, the Board will take action on the budget.
Mr. Lyles stated the Board has alternate versions of the budget before
them. Based on what you just heard,
do you want to adjust the budget numbers to keep the assessments the same and
not provide any increases to fund additional tennis
courts?
Mr. Mendolia responded yes.
Mr. Mendelson responded yes.
Mr. Gray responded yes.
Mr. Goscicki stated with this change, the special assessment amount is
$629,968. It will maintain the
special assessments at the current level of $215.43 per unit. The resolutions were included in your
agenda package.
Mr. Lyles stated Resolution 2007-7 adopts the budget, which the manager
just outlined for you with no increases and no tennis courts.
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor Resolution 2007-7 Adopting the Heron Bay Commons
Budget for Fiscal Year 2008 was adopted.
Mr. Goscicki stated the next resolution is Resolution 2007-8, which
levies the assessment. Since you
approved the budget, the resolution will levy the assessment of $215.43. We will fill in the appropriate blanks,
once this resolution is adopted.
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor Resolution 2007-8 Levying a Maintenance Assessment
for the Payment of Debt Service and Maintenance Costs for the Period of
FOURTH ORDER
OF BUSINESS
Distribution of Proposed Water and Sewer Budget for Fiscal Year 2008 and
Consideration of Resolution 2007-9 Setting the Public Hearing
Mr. Goscicki stated we distributed the proposed Water and Sewer Budget to
the Board. This budget reflects no
increase in the water and sewer rates for the upcoming fiscal year. This resolution approves the proposed
budget for the purpose of setting the public hearing for your next scheduled
Board meeting of September 13th at
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor Resolution 2007-9 Approving the Proposed Water and
Sewer Budget for Fiscal Year 2008 and Setting a Public Hearing for September 13,
2007 at 4:30 P.M. at the District Office, 10300 NW 11th Manor, Coral
Springs, Florida was adopted as amended.
FIFTH ORDER OF BUSINESS
Consideration of Work Authorizations
A.
WA#178 – Wastewater Master Plan
Update
B.
WA
Mr. Goscicki
stated these are work authorizations for CH2M-Hill. Number 178 is a Wastewater Master Plan
update. We are required to provide
five year planning estimates to
Ms. Early stated one is inoperable.
There is a section of
Mr. Mendolia asked are you saying this could take some
time?
Ms. Early responded the construction will be quick.
Mr. Mendolia asked will it take a couple of months?
Ms. Early responded yes. We
are not in an emergency situation, which is why we brought this before the
Board. We will be able to bid it
out and will not have to hire a contractor. I think we are okay for now but we would
like to get it taken care of.
On MOTION by Mr. Gray seconded by Mr.
Mendelson with all in favor Work Authorization No. 178 with CH2M-Hill for
wastewater master plan update in the amount of $29,500 and Work Authorization
No. 179 with CH2M-Hill for
SIXTH ORDER OF BUSINESS
Consideration of Permit Request from Keith & Schnars for Parkland
Commons-South
Ms. Early stated this is one of our typical surface water management
permit requests. We reviewed their
plans and calculations and it meets the District’s requirements. We have our typical standard language
and conditions in the permit.
Mr. Goscicki stated if there are no questions from the Board, I recommend
approval of this permit request.
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor the permit request from Keith & Schnars for
Parkland Commons – South was approved.
SEVENTH ORDER OF BUSINESS
Staff Reports
A.
Manager’s Report – Meeting Schedule for Fiscal Year 2008
Mr. Goscicki
stated in your agenda package, you will see the proposed meeting scheduled for
the upcoming fiscal year. This
keeps with the same schedule you have currently for meeting on the second
Thursday of each month at
Mr. Mendolia stated we will remain with our
Mr. Mendelson asked when is our next meeting?
Mr. Goscicki responded on September 13th.
B.
Attorney’s Report
There not being any, the next item followed.
C.
Engineer’s Report
Ms. Early stated a couple of months ago, we informed the Board we were
going to submit a permit modification to SFWMD in an effort to reduce
phosphorus, if we ever have to discharge to the everglades. This is at Pump Station No. 1. We submitted our proposal on what we
wanted to do. Years ago, we had a
pump at Pump Station No. 1, which pumped water south. Eight to ten years ago, SFWMD did not
want us to have this capability.
However, in June of this year, we received 12” of rain south of Pump
Station No. 1 and the elevation in the L-36 canal was 5.5’ but on the north side
in NSID, the elevation was 7.5’.
Rather than pump to the L-36 Canal and go north and out to the ocean, we
asked them to let us pump south. No
one can make a decision at SFWMD but one of the ideas in our permit submittal
was to work with CSID in a coordination effort. They agreed but said NSID had to
initiate an Interlocal Agreement with CSID. I am bringing this forward to the Board
to see whether this is something you want to pursue with
CSID.
Mr. Schooley stated this is nothing new. This is in the old permit. When we pump this particular pump, CSID
must turn at least one pump off.
Mr. Mendolia asked is there any money involved?
Ms. Early responded no.
Mr. Goscicki stated we will simply have Ms. Early work out the protocols
under what condition we can pump south without impacting them and put this into
an agreement to bring before both Boards.
Mr. Mendolia asked do you need a motion?
Mr. Goscicki responded no, we have your
authorization.
Mr. Schooley stated the rehab on the pump station will be completed on
Monday. We are just scheduling the
crane to set it in. I feel good
about this work being done.
Mr. Mendolia stated it worked out great.
Mr. Schooley stated they said we could probably wait but I do not work on
“probablys” in a hurricane. There
are always problems. In June, we
pumped 253 hours while CSID pumped only nine hours . These pumps are working 10 to 20 times
more than any other district. While
other districts have a 10 or 15 year cycle on your pumps, I need a five year
cycle.
EIGHTH ORDER OF BUSINESS
Approval of Requisitions and Invoices
There being no questions or comments,
On MOTION by Mr. Mendelson seconded by
Mr. Gray with all in favor the requisitions for July 31, 2007 and check
registers for the month of July for the General Fund in the amount of
$766,373.34, Heron Bay in the amount of $215,498.02, Parkland Isles in the
amount of $31,194.90, Heron Bay Mitigation in the amount of $18,468.12 and the
Water & Sewer Fund in the amount of $1,110,697.85 were
approved.
NINTH ORDER OF BUSINESS
Supervisor’s Requests and Audience Comments
There not being any, the next item followed.
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
Secretary
President