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
Also present were:
John Petty Manager
Michael Pawelczyk Attorney
Jane Early Engineer
Brenda Schurz
FIRST ORDER OF BUSINESS Roll Call
Mr.
Mendolia called the meeting to order and called the roll.
SECOND
ORDER OF BUSINESS Approval
of the Minutes of the December 17, 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 Modification 97-4 for
Ms.
Early stated this is a typical surface water management permit. It includes an existing permit. They are adding an additional building to the
site. We reviewed the surface water
calculations to make sure it conforms to the original permit. It is going through the existing system. We are asking them to provide evidence the
existing system is clear of debris.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the modification to permit 97-4 was approved.
FOURTH
ORDER OF BUSINESS Consideration
of Change Order No.10 – Florida Sewer and Water Modifications to Cypress Point
(Formally Known as Heron Bay North Plat 1, Phase 1, Heron Bay North Access
Roadway and Heron Bay North Lift Station TPC #9) for a Net Increase of
$50,800.60
Mr.
Petty stated Ms. Early has updated information she brought with her.
Ms.
Early stated this is for Cypress Point, Phase 1. This project was designed by DeGirolmo &
Associates, Inc. It is a multi family
parcel. They submitted their final pay
estimate. What we did was a final
balance and change order. The original
bid included three different sets of plans.
There was the parcel, an entrance road and a lift station. When it was bid his quantities did not
include all the items on all three plans.
There was an overage on the water and sewer. I had someone go through all the as builts to
verify the quantities were correct. This
is how we came up with the fact it was not included in the original bid. This summarizes the quantities for the
balancing change order. There is a
$92,000 addition to the District’s contract and $25,000 of it was for the lift
station. The majority of it was for
sanitary sewer, which was not in the original line items. They were in the original plans, but he did
not add all the plans together. This is
a final balancing change order and these quantities were verified.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor Change Order No. 10 for Florida sewer and water modifications to
Cypress Point (formally known as Heron Bay North Plat 1, Phase 1, Heron Bay
North access roadway and Heron Bay North lift station TPC #9) for a net
increase of $50,800.60 was approved.
FIFTH
ORDER OF BUSINESS Consideration
of Award of Contract for Purchase of Aquatic Weed Control Chemicals
Mr. Petty stated the bid you have a copy of is the same as
you have seen in the past years. We bid
the aquatic chemicals we use to control plant material. We award the bid on each chemical to the
lowest responsive bidder.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the contracts for each individual aquatic weed control chemical was
awarded to the lowest responsive bidders as indicated in the bid tabulation
sheet.
SIXTH ORDER OF BUSINESS Staff reports
A. Manager’s
Report – Discussion of Rate Sufficiency Study
Mr. Petty stated I would like to turn your attention to the
rates we charge for water and sewer. Our
rates are set up into three different categories. There is a connection fee we get from a new
home, which helps us pay for the subdivision lines. The mains are paid for out of the capacity
portion of the bill. The monthly bill
has two parts: the capacity, which is our fixed cost and the user fee, which is
for chemicals, electric and other consumables.
We
have not looked at this for five years.
We have not done an annual cost of living increase and our cost of
operation has gone up. It is time to
take a look at this. Staff usually looks
into this. It is called rate sufficiency
and it does not cost the District extra money.
We do not charge a fee for it because it is part of our duties. We look at the revenue as well as the cost
and show you the difference in order to see if you have a plus or a
negative. This way you will know if you
have to adjust the rates. We will be
bringing this to you in either February or March.
Let
me also talk to you about our capital improvement program. You have a short term program, which has been
on hold. We have been building lines,
but we have not done any construction on the utility side for a while. Mr. McKune has a capital improvement program,
which he had approved just before I got here.
I believe it is approximately a year and a half to two years old. It sat there.
We have a few things, which have gone flat. They are over the $4,000 limit. These are major valves and pneumatics. The entire thing cost approximately $125,000
on one piece and $50,000 on another piece.
They put it into the program hoping it will go. We have not done the next expansion to the
plant yet. We have not hit the trigger
on homes yet. We do not have a great
rush of sales at the moment to push us into it.
I still have this short term capital improvement program.
We
want to do a couple of things. We first
want to come to you with a financing mechanism so you can consider these things
without issuing long term bonds. We
basically want to get a line of credit and bring it for your
consideration. We can do it at next
month’s meeting. In the meantime we
would like to have Mr. McKune come up with a short term program and explain how
it will roll into the long term program, which is CH2M Hill’s responsibility to
do. We will work with Ms. Early on a
long term capital program presentation update for the Board. We would like to do the reconsideration of
rates along with any capital program we see.
The plant has one major expansion forthcoming along with a normal
renewal and replenishment program.
The
last item I have is with regard to our field inspector, Mr. Waypa. We would like to share him with CSID to be an
inspector on their capital improvement program.
We will share him with your permission and take some of his costs out of
our budget.
Mr.
Mendolia stated we approve.
Mr.
Petty stated in regard to our payment times on the requisitions, the paperwork
is voluminous. We have stacks to go
through. I am trying to get through it
on a quicker pace. I spoke with Ms.
Early about submitting them directly to me so I can time stamp them. We are working on it. We are trying to get the payments out as
quickly as we can as long and due diligence is done. We will be working with our vendors and our
engineer to speed things up.
B. Attorney’s
Report
Mr. Pawelczyk stated I took a call from Ms. Delgolf. I asked her for an update on the amendment to
the special act, which went before the
Broward County Delegation. It was
approved unanimously, but they asked for one change they are making. One of the residents must be from
C. Engineer’s
Report
Ms. Early stated I have one other item regarding the
clubhouse deck. At the last meeting we
discussed replacing the tile and looking at the possibility of pavers. I received a price for pavers, which was
steep. We agreed to go with nonskid tile
and put a spray deck on top of the shell area under the overhang.
The
first item was the chimney repair I brought up last month, which they have to
do in the amount of $4,765. It will be
$54,300 to do the spray deck and replace the tiles. The total change order is for $59,065.
On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all
in favor Change Order No. 3 with
SEVENTH
ORDER OF BUSINESS Approval
of Requisitions and Invoices
Mr.
Mendolia asked where does the $5,126 for management fee for Severn Trent
Services go?
Mr.
Petty responded it goes towards the management contract. It is broken up in monthly installments.
Mr.
Mendolia asked are we done with the tennis court repairs?
Ms.
Early responded the repairs are finished.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the requisitions and invoices were approved.
EIGHTH
ORDER OF BUSINESS Supervisor’s
Requests and Audience Comments
Mr. Petty stated we have a gentleman here from
North Springs. Mr. Gilliam came to my
office earlier this month. He wants to
talk to the District about creating recreational facilities around the lake
where his community lies. They have a
large green space area around the lake.
The residents would like to consider the possibility of using small
boats. They investigated what is
available from the state as far as grants for such recreational
facilities. There is one available from
the Florida Inland Navigation
District.
It
is not unusual for water management facilities to have recreational overlays as
long as there are no restrictions. This
lake is one of the largest ones we have in the District. It is very deep. We discussed the pros and cons of it. If it meets with the Board’s conceptual
approval, staff will continue to gather information. Mr. Gilliam is looking to continue in the process
of gathering data and checking the pros as well as the cons. I spoke with counsel who wants to make sure
there is no restrictions on the water management facilities if they are used
for recreational issues as well as drainage and to make sure there is no
revision clause.
Mr.
Mendolia stated if we approve something like this, people will be on the
water. How is the insurance
covered? It is still under our
jurisdiction. If someone drowns, who is
negligent?
Mr.
Petty responded we have the same risk regardless. We have statutory limitations. I do not feel this materially affects our
risk exposure; however, you are correct.
If someone dies in the lake, they will knock on our door. They will still knock on our door if we do
not put in a recreational area.
Mr.
Mendolia stated everyone can go out on the waterways we have, but it is not
with our authority.
Mr.
Petty stated these are waters of the state.
If these residents have legal access to the waters, they can put a boat
in. It is not within our powers to
restrict their access. In the past we
have discouraged the activities because it is a water management facility and
we are spraying chemicals. In this
particular location I do not have problems with aquatic application for weed
control. For them to have a recreational
facility is within our mandate. It is
something we can consider, but it is a conceptual change.
Mr.
Mendolia stated we will have a case where other communities will want to do it
also. I am for it, but I am looking at
all of the ramifications. If they can
have their recreation and we are not responsible, that is great. If other people want to do it, they will do
it in my development as well as other developments. We will have recreations all over the
place. Who will be responsible?
Mr.
Petty responded we can take care of the liability issue. The issue of setting the precedence is one,
which has my concern. This may be one of
three places in NSID, which can do this.
This lake is big enough to handle small boats. If you will allow recreation, you will have
to close it off to navigation. Most
homeowners are not going to want people in boats coming near their
backyards. The canals are not very big
and they will also start worrying about security. The precedent is going to be the issue.
The
HOA, which owns the green space park to the lake can take a look at this. The issue came up and the reason they came to
us is because the Florida Inland Waterways grant can only be given to another
government agency. If it becomes a
recreational facility of the District, it will have to be open to the
public. It is currently gated.
Mr.
Gilliam stated we do not have a problem with it. We discussed it at our board meeting and it
was approved unanimously.
Mr.
Mendelson asked are you telling me you can walk in, sit down and go fishing?
Mr.
Gilliam responded yes.
Mr.
Mendelson asked what if someone comes and wants to put a boat in the water?
Mr.
Gilliam responded they can bring in a boat.
Mr.
Mr. Pawelczyk asked is there a ramp?
Mr.
Gilliam responded there is no ramp. It
will be more of a passive park.
Mr.
Petty stated these are all conceptual thoughts.
Mr.
Pawelczyk stated public access is one issue.
Another issue will be insurance.
You will have to check with the insurance provider if they are going to
increase insurance or not. If someone
drowns anywhere in our canals, we will be named in a lawsuit. The question is whether or the not the
District is negligent.
Mr.
Gilliam stated we do not have a problem sharing our grounds.
Mr.
Pawelczyk stated the liability is associated with whether or not the District
is negligent. If you are opening up in
some form, you have a duty of care to make sure it is safe. If you breach this duty of care, you will be
found negligent.
Mr.
Mendolia stated these are the only questions I have. If we can solve them and get around them, be
my guest.
Mr.
Gilliam stated we are willing to do what it takes to make this a reality.
Mr.
Petty stated if I understand the Board’s direction, it is that policy precedent
is troubling because we cannot give it to everyone in NSID. The only thing we have left to discuss is how
to give it to only a portion of NSID. In
the past we have always dealt with these types of issues as an easement permit
if someone wants to do something special around the lake. I will be glad to discuss with Mr. Gilliam
what the HOA can do with an easement permit from us.
Mr.
Mendelson asked who will maintain this property?
Mr.
Gilliam responded we will have to.
Mr.
Mendolia stated we are still involved because NSID has to clean the lake.
Mr.
Petty stated we can work with them on getting some improvements out there as
long as they do not have to go through the District as a policy issue.
Mr.
Mendolia stated we have to look into the questions we raised.
NINTH ORDER OF BUSINESS Adjournment
There being no further business, the
meeting was adjourned.
Steve Mendelson Salvatore J. Mendolia
Secretary
President