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
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
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
Mr. Mendolia MOVED to approve the
minutes of the
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
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
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
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
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
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.
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
Ms.
Early stated the portion which lies in NSID is from the C5 Canal north to
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
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
This
has not been approved by the City of
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
On MOTION by Mr. Mendolia seconded
by Mr. Mendelson with all in favor the amendment to
the agreement between the City of
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
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
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
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
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