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