MINUTES OF MEETINGS

NORTH SPRINGS IMPROVEMENT DISTRICT

The regular meeting of the Board of Supervisors of the North Springs Improvement District was held on Thursday, July 1, 2004 at 4:10 p.m. in the District Office, 10300 N. W. 11 Manor, Coral Springs, Florida.

Present and constituting a quorum were:

Matt Lauritzen President

Salvatore J. Mendolia Secretary

Bob Miner Assistant Secretary

Also present were:

Rich Hans Manager

Dennis Lyles Attorney

Donna Holiday Recording Secretary

Susan P. Motley Ruden McClosky

Cedonio Da Silva CH2M-Hill

John McKune CH2M-Hill

Roger Moore Staff

Joe Covelli WCI

FIRST ORDER OF BUSINESS Roll Call

Mr. Lauritzen called the meeting to order and called the roll.

SECOND ORDER OF BUSINESS Approval of the Minutes of the June 3, 2004 Meeting

Mr. Lauritzen stated that each Board member had received a copy of the minutes of the June 3, 2004 meeting and requested any additions, corrections or deletions.

There not being any,

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the minutes of the June 3, 2004 meeting were approved as submitted.

THIRD ORDER OF BUSINESS Public Hearing to Consider the Adoption of the General Fund Budget for Fiscal Year 2005 and Levy of Non Ad Valorem Assessments

Mr. Lauritzen opened the public hearing.

Mr. Hans stated the budget process started 60 days ago. The budget has been reviewed, discussed and modified to its final form.

Mr. Lauritzen asked why is our proposed interest income decreasing 40%?

Mr. Hans responded we have less carry forward.

Mr. Lauritzen asked is our revenue decreasing?

Mr. Hans responded the carry forward amount we budgeted for last year was $172,540, but in actuality it was only $54,230.

Mr. Lauritzen asked did our health insurance decrease?

Mr. Hans responded yes. It is health insurance based on salaries, which are down.

Mr. Lauritzen asked did we save any money this year on depreciating hard assets?

Mr. Hans responded on a cash basis, no.

Mr. Lauritzen asked are the attorney fees in line?

Mr. Lyles responded they are low this year because it has been a quiet year. We did not spend as much on legal fees as we probably did last year.

Mr. Lauritzen asked are there any questions from the audience?

Hearing none,

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the public hearing was closed.

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor Resolution 2004-6 adopting the final budget for fiscal year 2005 and Resolution 2004-7 levying the District’s non ad valorem assessments were adopted.

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

This item was tabled.

FIFTH ORDER OF BUSINESS Consideration of Funding Agreement 390 for Work Authorization 129 – Parkland Country Club Pod 4 Engineering Services During Construction

Mr. Da Silva reviewed the agreement and work authorization.

On MOTION by Mr. Miner seconded by Mr. Mendolia with all in favor Work Authorization 129 and Funding Agreement No. 390 were approved.

SIXTH ORDER OF BUSINESS Consideration of Change Order No. 1 with FPI, Inc. for Inter-Basin Back Pumping West Basin to East Basin Contract for a Net Increase of $5,402.50

Mr. McKune distributed a revised change order for a net increase of $5,402.50 for a total contract of $87,592 and stated this is a final change order because the work is essentially complete. We just need to do a final pump test.

On MOTION by Mr. Miner seconded by Mr. Lauritzen with all in favor Change Order No. 1 with FPI, Inc. for inter-basin back pumping west basin to east basin for a net increase of $5,402.50 was approved.

SEVENTH ORDER OF BUSINESS Consideration of Permit Requests

A. Surface Water Management Permit for Kol-Tikvah Phase II

After review,

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the request for the Kol-Tikvah Congregation - Phase II was approved subject to the conditions listed in the engineer’s review letter.

B. Request of Dr. Marc Plotkin to Construct a Fence Within an Access Easement

Mr. Moore stated Dr. Plotkin has a 20’ access easement. I looked at this particular easement and found that there are trees in the way on the lake maintenance easement, and I am not an advocate of putting any fences in our lake maintenance easement. The 20’ easement is close to Dr. Plotkin’s house, and he wants to construct a fence across the entire 20’ easement. The only way we could permit this is if he constructs a gate. I suggested that he may be able to put the fence on one side and we can split the issue so that we can back up with our boat and still have access, and this is what we came up with. Additionally, WCI relocated the trees to the other side of the easement because we would not have been able to gain access anyway.

Mr. Lauritzen asked how often are your boats in there?

Mr. Moore responded approximately four times a year.

Mr. Miner asked why does he want the fence?

Mr. Moore responded to confine his dogs to his property.

Mr. Miner asked are they allowed to have fences in the rest of the neighborhood?

Mr. Moore responded yes, but not past the front of the house. I recommend approval of this easement.

Mr. Lauritzen stated I do not want to set a precedent.

After further consideration,

Mr. Lyles stated you may want to consider an encroachment agreement, which will give them a temporary fence to be removed at the District’s request at any time for any reason.

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the proposed Encroachment Agreement between the District and Dr. & Mrs. Plotkin for the construction of a fence was approved subject to final review.

C. Mary Help of Christian Church Request for Irrigation Permit

After review,

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the request for the Mary Help of Christians School irrigation permit was approved subject to the conditions listed in the engineer’s review letter.

EIGHTH ORDER OF BUSINESS Staff Reports

A. Attorney

Mr. Lyles stated Ms. Motley is going to explain a request on the part of Wal-Mart, her client, as well as WCI and the City of Parkland that we approve and consent to a settlement and stipulation in some on-going litigation regarding the western end of Holmberg Road area.

Ms. Motley stated I represent Wal-Mart. I did all of the original approvals for the Heron Bay Wal-Mart store. The entire property is within the municipal limits of the City of Coral Springs although Parkland is directly adjacent to the area. There have been ongoing disputes between Coral Springs and Parkland on many different properties. Parkland was not happy with the way Coral Springs required Wal-Mart to develop the western most point. There is an easement for the Coral Springs’ Fire Department. Coral Springs has always wanted it to be a through access because they service the schools that are to the east in Parkland. The Coral Springs Fire Department has taken on additional responsibilities to assist Parkland. It turned into litigation because Parkland wanted the area to be built different from the way Coral Springs wanted it built, but Wal-Mart had to build it the way Coral Springs wanted it in order to get their permits and certificate of occupancy. Therefore, Parkland decided to sue Wal-Mart and WCI, along with the City. All of this stems from an annexation agreement that had been done several years prior when WCI re-annexed property into Parkland. One of the requirements in the documents was that there would not be an access on Holmberg Road directly west to Coral Springs Drive.

Mr. Lyles stated we authorized execution on behalf of the District of the annexation agreements, and the Board signed those agreements. This is why they are requesting us to consent to this new construction scheme that everyone has approved.

Ms. Motley stated when the annexation agreement was entered into, NSID owned the area where the gates are now so NSID is a party to those annexation agreements. At this point, we have entered into a settlement agreement with Parkland and WCI, the Parkland City Commission has approved it, and it has been signed by the Mayer of Parkland and by Wal-Mart. The city attorney for Parkland is obtaining WCI’s signature. We need NSID’s consent to this change based upon the fact that you were parties to this original annexation agreement. Eventually, this property will be conveyed to Coral Springs and be dedicated to the City. It will probably be heavily decorated with landscaping in an effort to slow down traffic and enable direct access to and from Holmberg Road to the east to Coral Ridge Drive. Coral Springs is happy about this.

Mr. Lauritzen asked are they going to widen Holmberg Road?

Ms. Motley responded no. It only affects the area near Wal-Mart. We are required to give it to Coral Springs, which will, in turn, require Wal-Mart to improve it to meet their standards, etc. We are already working with the City and Broward County Traffic Engineering to make sure that everything is done properly, but it will all be done at Wal-Mart’s expense.

Mr. Mendolia asked who is the designer?

Ms. Motley responded Kimley-Horne.

Mr. Mendolia asked are they going to show the designs, or are we simply going to accept whatever they do?

Ms. Motley responded it will be up to Coral Springs to make sure that it meets all of their standards. They process through Broward County Traffic Engineering. It all has to be permitted and done the way they want it done.

Mr. Moore stated we have a lift station in the middle of this road, and we have a hard time gaining access to it because of the gate. We need to make sure we are in the loop because this is the first time I have heard about this, and I would like to make sure that we have proper access to our lift station. Parkland has different standards on the type of driveway they want up to our lift station.

Ms. Motley stated that is not a problem. I can have Kimley-Horne contact you and show you the plans.

Mr. Lauritzen asked do you need Board action?

Ms. Motley responded I need you to approve signing the consent to the settlement agreement. The consent says the undersigned hereby consents to the terms and conditions of this settlement agreement.

Mr. Lyles stated you will have a signed stipulation on the part of WCI, but I did meet with WCI’s attorney who handled this litigation and negotiated this settlement, and he confirmed that these are the terms they agreed to and on behalf of WCI. He submitted a request that the Board consent to the stipulation and settlement and sign off on the amendment to the annexation agreement. We have signatures and direct requests from attorneys of record to approve this as presented. If everyone is in agreement and has no further questions, the Board may want to take up a motion to authorize the proper District officials to execute a consent to stipulation for settlement between WCI, the City of Parkland and Wal-Mart in their litigation and further execute the amendment to agreement and declaration of restricted covenants explained by Ms. Motley. All of this will be subject to Wal-Mart and the City of Coral Springs providing appropriate access and allowing for necessary engineering measures for our lift station within the area that is covered by these agreements and consents.

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor staff was authorized to execute a consent to stipulation for settlement between WCI, the City of Parkland and Wal-Mart and further execute the amendment to agreement and declaration of restricted covenant subject to Wal-Mart and the City of Coral Springs providing appropriate access to the District’s lift station within the area.

B. Engineer

Mr. Da Silva distributed a draft permit criteria manual and stated I have been working on updating the permit criteria for NSID, Sunshine Water Control District and the Coral Springs Improvement District. I welcome any comments and critiques. We are trying to make everything accessible on the website, including an application. We are also working on the certification process, which has been integrated into the manual. The permit fees have been updated as well.

Mr. Da Silva distributed a sample letter and surface water management permit and stated we have been sending this letter out to the various Districts and the sample permit is what I envision our future permits to look like.

C. Manager

There being no report, the next item followed.

NINTH ORDER OF BUSINESS Supervisor’s Requests and Audience Comments

There not being any, the next item followed.

TENTH ORDER OF BUSINESS Approval of Requisitions and Invoices

After review,

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the invoices were approved.

There being nothing further,

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the meeting was adjourned at 5:10 p.m.

Salvatore J. Mendolia Matt Lauritzen

Secretary President

August Agenda Items

Distribution of Proposed Budget for the Water and Sewer Enterprise Fund Budget (This item was tabled)

Authorization of noticing public hearing to accept permit criteria manual