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
Cedo DaSilva Engineer
Jean M. Rugg Severn
Janice Larned Severn
Don Henderson Cliff Drysdale
Management
Cliff Drisdale Cliff Drysdale
Management
Michael Hessler WCI Communities
Karen Mazurek
Ed Josack
Cindy Dennis
Michael Hollander 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 February 2, 2006 Meeting
Mr.
Petty stated each Board member received a copy of the minutes of the February
2, 2006 meeting and requested any corrections, additions or deletions.
There
not being any,
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the minutes of the February 2, 2006 meeting were approved.
THIRD
ORDER OF BUSINESS Consideration
of Award of Contract for
Mr.
DaSilva stated this consideration is for the award of contract to the only
responsive bidder for lake excavation in Heron Bay North Plats 3 and 4. The bid is from Triple R. Paving in the
amount of $9,416,194.00.
Mr.
Petty asked how close is this to the engineer’s estimate?
Mr.
DaSilva responded our estimate was for $9,275,000.
Mr.
Petty stated it is close to the estimate.
The last paving award we looked at was 30% to 40% higher than the
engineer’s estimate.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the contract for Heron Bay North Plats 3 and 4 drainageways was
awarded to Triple R. Paving in the amount of $9,416,194.00.
FIFTH
ORDER OF BUSINESS Consideration
of Management Services for the Heron Bay Commons Clubhouse Facilities
Mr.
Petty stated we have a request from the tennis committee to consider a license
process. They do not have an agreement
or process for us to look at. They are
looking to open a discussion with staff.
They brought it to my attention and I told them I would bring it to
yours.
Mr.
Josack stated I am the Co-Chairperson of the Tennis Committee. When the municipal bonds are paid off for
this facility, will the
Mr.
Lyles responded taxes and bonds were issued by an agency of government, which
is NSID, to fund, construct and maintain this facility. Because it is being built and run with taxes
and bonds, it will remain the property of NSID.
This District only works for the residents. Technically it will remain a publicly owned
and run facility.
Mr.
Josack stated we had a meeting last night and I had a discussion with Mr.
Hollander. He insisted when the bonds
are paid off, the residents will own it.
You are telling me it is not true.
Mr.
Lyles stated that is not accurate.
Mr.
Josack stated when Mr. Hollander comes here to complain about WCI’s
mismanagement, he is not representing the majority. The majority of people do not feel this
way. In the past we provided the Board a
petition with over 100 signatures saying we are happy with the way things are
running. We had a meeting last night. It was unanimous that we all like the way it
is run and we do not want changes. Mr.
Hollander admitted WCI is doing a good job running the facility. We are happy with the way things are and we
are not looking for change. I am asking
two things from the Board. Unless there
was fraud or a crime committed by WCI, I ask their name be cleared. I would like to ask the Board to consider
granting a license with the HOA or the tennis committee to continue to run the
facility in the manner it has been.
Mr.
Mendolia stated what you are saying has some merit, but you have to realize
this is not
Mr.
Hollander stated as far as ownership of the building and property, that is not
what I said. I said once the bond is
paid off, the Heron Bay HOA, which will be the residents, will run and manage
the clubhouse.
Mr.
Lyles stated it will only be the case if an agreement is entered into by NSID
and the HOA. We currently have such an
agreement between the District and the HOA.
It has not been turned over yet.
It is pursuant to a contract, which has been negotiated and is part of
an existing structure.
Mr.
Hollander stated the HOA at some point will run and control the clubhouse.
Mr.
Lyles stated only if the agreement is still in place.
Mr.
Petty stated they may operate it under a management contract, but it does not
give them ownership. It does not give
them carte blanche on operation. The
District is still the responsible entity.
Mr.
Hollander asked when is the District going to fix the hurricane damages?
Mr.
Petty responded the hurricane did not do enough damage to cause great
concern. The time has been spent on
insurance matters and inspectors to make sure we do not loose out on any of our
current insurance capabilities. We have
structural damage to the roof. It is not
a simple matter of staff putting out a bid.
We asked the engineer to do so and I anticipate it going out in the next
week. The tennis facilities, canopies
and fencing will go out at the same time.
Staff feels good with water and sewer drainage issues, but they do not
feel good with structural issues.
Ms.
Mazurek stated we are three months away from hurricane season and we are not
out for bids.
Mr.
Petty stated I know you want it fixed and I agree.
Ms.
Mazurek asked what are the odds of the building and the courts getting fixed
within the next 90 days? Do you not run
the risk of having water damage if there is any more damage to the roof?
Mr.
Petty responded we have the ability to put on temporary repairs such as tarps. We are more concerned with getting it fixed
correctly. When you have a government
facility, we have a responsibility to use your tax dollars to make sure the
repairs are done correctly. This is why
we have the engineer looking at it and we had the insurance agent look at it.
Ms.
Mazurek asked why do the tennis courts have to go out for bids with the roof?
Mr.
Petty responded because it is over $4,000, which is the District’s minimum
requirement to go out for bids?
Ms.
Mazurek asked why can it not be done separately?
Mr.
Petty responded they can be done separately, but it will still have to go out
for bids.
Mr.
Mendolia asked do we have funds available for something like this?
Mr.
Petty responded the issue is to go through the process. The budget for this particular special taxing
District has some funds available. We
are going to be stretching some of it, but the District as a whole has funds.
Ms.
Mazurek stated we are in multiple leagues who have had their courts
repaired. It is embarrassing to be a
Mr.
Mendolia stated I am surprised you just brought it up now instead of months
ago.
Ms.
Mazurek stated I should be at all of these meetings. I need an answer from the Board.
Mr.
Petty stated the bids will be available within 10 days. Depending on the availability of contractors,
we want to see the repairs done as soon as possible. I will defer to the engineer, but I believe
we will give them approximately 90 days to comply.
Mr.
McKune stated 90 days should be more than enough.
Mr.
Mendolia stated I agree with her. Is
there any way we can move it up?
Mr.
Petty stated you will pay a little more for expedited repairs.
Mr.
Mendolia stated the hurricane was October 23, 2006 and here we are in March. Can we do it in 30 days?
Mr.
Petty responded it has to go out for a public bid. We will be glad to do it in 30 days. The bid will go out for seven to ten days
with the specification it has to be completed within 30 days of the award. The soonest we will be able to award it will
be at the next Board meeting. If we
award at the April meeting, it will hopefully be completed by May.
Mr.
Mendolia stated as soon as we pick the contractor, I will personally work with
him.
Ms.
Dennis stated I want to address what you spoke of earlier in regard to the
majority of the people not knowing if they are happy. We brought petitions in the past to show you
how the tennis world was feeling. The
rest of the community does not know what is happening with this contract and
with WCI. If we put it out there, they will
be upset.
Mr.
Mendolia stated they might be happy. You
do not know.
Ms.
Dennis stated we have to find out.
Currently no one knows anything except for the tennis world. Before you make a decision on a management
company, we need to address this issue.
Mr.
Petty stated this is a division of local government. These are elected officials who represent the
people of this community. They live in
the community and they are in charge of making decisions for the community
after listening to input from the public as well as professionals over a long
period of time. It is not by public vote
or popular vote. They are charged with
doing what they feel is best for the District.
There is nothing wrong with talking to your fellow residents or asking
this Board to communicate with them. I
will not advise you to ask for decisions to be made by popular vote.
Ms.
Dennis stated we need to let the community know what is going on.
Mr.
Petty stated communicating with residents is a good idea.
Ms.
Dennis stated it is important and it has not been communicated. A new management company is going to be put
in and we have no idea what has been set up for this management company. Will it run the same way? Will it continue to be non-profit? It needs to be communicated to the residents.
Mr.
Petty stated the Board is to decide how the contract should run. The contract is currently being considered in
its existing form with no changes over what has been done over the last several
years. You will not be shocked by a different
way. You will see different faces, but
the requirements for the process of management will be the same for the new
entity as they were for WCI. We are not
dramatically altering what previous decisions the Board made. As far as possibilities of the future, they are
discussed at public meetings which the residents are entitled to attend.
Ms.
Dennis stated WCI operates to provide the facilities as amenities to
homeowners. Many of us bought our homes
with the idea it will be part of an HOA and not a club type situation. Whether you are part of the tennis community
or just a homeowner, the concern is what type of management company will
come. Will a for-profit company be able
to run the facility at a level of excellence without changing the homeowners’
fees? If they cannot change our fees,
will they open it up to the community in order to generate money? Most of us know the courts are booked and
there is not much availability. Most of
us do not want people from outside of the community to come in.
Ms.
Mazurik asked did WCI commit any crime we are unaware of?
Mr.
Petty responded it is appropriate for them as a contractor of ours to ask for a
clean bill of health and declare it during transition. You cannot opine it in this public
meeting. We can address the issues of
reconciliation.
Ms.
Mazurik stated I had to address the residents as to why WCI is leaving. What Ms. Dennis tried to tell you is we have
been here before as residents telling you we are happy with the way WCI is
running the building. We were confused
other than knowing you had consistent negative complaints from a couple of
residents. I read the minutes for the
past two years and there are two individuals by name in the minutes who have
been complaining. We can produce more
numbers at every meeting to tell you it is not the case and we are happy with
WCI. I could not answer the question as
to how we got here other than to say there were two individuals who have been
persistent in complaining about the way the building is run. I ask the Board to reconsider the voice of
two as representing the overwhelming community.
The support of the community I heard last night was loud and clear. Everyone is happy with the way it is. Are we here because of the voice of two?
Mr.
Mendolia responded no. A company like
WCI is not in business to run clubhouses and tennis courts. They are in business to build houses. They were using the area as theirs and it
belongs to the people.
Ms.
Mazurik asked can the Board reconsider and hear our voices by allowing WCI to
continue running the facility?
Mr.
Mendolia responded we have RFPs for clubhouse management. We have someone here. We have to address these things to see what
they are. Maybe you are right and this
does not work. What do we do? The idea was to have WCI set up another
property management team. They have management
teams all over
Mr.
Hessler stated we manage clubhouses all over the State of
Mr.
Mendolia asked it seems most of the people here are for this, but are there
other people who are saying no? I am
trying to find out.
Mr.
Hollander stated 18 months ago Mr. Lyles told us there were three audits being
performed. My concern was where all the
money was going and why the building had a $600 a month phone bill. I was assured by Mr. Lyles and the Board we
were going to see an audit. Let us find
out where the audit is. Let us find out
how much money was squandered away and give it back to the residents. This Board decided to let them out without an
audit and get another management company.
I still want the audit. I want to
know where all the money went. Why did we
pay $600 a month in long distance phone bills?
I saw the bills. I was told by
Mr. Lyles we were getting these audits.
Where are the audits?
Mr.
Lyles responded the audit was ordered through the management of the District
and was supposed to be performed in addition to the audit we get annually by an
outside auditor. Along with the
District’s audit, a special audit for Heron Bay Commons was being
commissioned. You met with Mr. Petty in
the past month or you were supposed to have a discussion about where it was.
Mr.
Hollander stated Mr. Petty sent me an audit, but it had nothing to do specifically
with the billing I am concerned about.
Why are there so many long distance phone calls going out of there? They are using the building for their
business.
Mr.
Mendolia asked what business?
Mr.
Hollander responded their building company business. There is a ten line phone. Why do we need a ten line phone in the
building for? I was assured by the Board and District Management these audits
were ordered. Where are they? I do not think the residents in
Ms.
Mazurek asked if a new management were to come in, will you still look for the
audits?
Mr.
Hollander responded yes, because it is money owed to us. I recommended WCI pay for the audits. They should have been done every year. Mr. Keller said Severn Trent Services was
going to pay for it. I have not seen the
audit.
Mr.
Petty stated there are many different versions.
We sent the audit done by the HOA as directed by staff because we could
not find it in our files. A copy was
sent by Mr. Hessler. We sent it to the
Board members, made it a part of the public record and sent it on to you along
with all of the meetings we had on file electronically for the last six to
seven years in case there was some direction we missed. The Board has responded to address the
issues. WCI has looked at the issues
in-house in a reasonable and professional matter. They submitted what they believe is proper
accounting. They sent a check to the
District for what they believe was their time used for business conferences in
the room. They are looking to resolve
this and regain their stature in the community.
It is inappropriate for a resident to continue in this manner asking for
a continued investigation when the Board has looked at these matters and moved
on. If you wish, we can go
backwards. I feel you have passed this
point.
Mr.
Hollander stated Mr. Petty is telling me the Board feels $60,000 in phone bills
should be paid by the residents. Is that
your understanding of the audit? I do
not believe I should pay the phone bill for WCI as a resident. Look at the bills. They are all long distance calls. Mr. Petty is saying it is okay and the Board
is condoning it. I feel the Board said
instead of having an audit, we will replace WCI and then look into what we feel
they may owe us.
Mr.
Petty stated the audit is done every year by an independent third party. We talked with this gentleman about this
issue. We have told him this
repeatedly. This District, as a form of
local government, is required to have an independent third party audit done
every year and we do so. We have gotten
a clean audit every year. We asked for a
special audit to be done under the contract conditions. A copy was sent out and it shows no material
deviations. You have done your due
diligence of the accusation. The rest
may be concerns, but I do not feel they are valid unless we want to become detectives
in this issue. Our audit tells us it is
not necessary.
Mr.
Hollander stated I do not want to pay WCI’s phone bill. If you feel it is unreasonable, this Board
should look at some of the bills. They
use this facility as their office. I
feel it is outrageous for me to pay $60,000 for part of their phone bill.
Ms.
Mazurek stated the issue at hand is the management contract. I want to get back to the issue at hand. WCI just stood up and said if they are asked,
they will continue to run it. It is still
a viable option. The audit issue is not
going to go away.
Ms.
Dennis asked do we only have one bid for a management company?
Mr.
Mendolia responded yes.
Ms.
Dennis stated you are not going to find many for profit management companies,
which will look at the way Heron Bay Commons has been operated to benefit the
homeowners and see it as an opportunity to make decent money.
Mr.
Petty stated there are few companies doing professional contract services for
recreational facilities. Severn Trent
Services is one of the few which does.
We only provide it for the City of
These
people submitted the proposal. Mr. Henderson
visited the site and talked with staff.
They received high marks from the staff at the City of
For
standard management they are offering to provide it for almost an identical fee
to what we have now, which is $20,000 a month and 90% of the programming
revenue. The existing programming
revenue is from pilates and yoga. The
facility manager gets a percentage of it and the teacher gets approximately 60%
to 70%. We get 10%. They are offering the same basic fee of
$20,000 a month plus 90% of the programming revenue. They will provide the staff.
The
alternative is a turnkey management contract.
We would pay them $49,000 a month, which amounts to $588,000. Commissions from certain programs generating
revenue will be paid to the District at an approximate amount of $51,951. The total cost to the District will be
approximately $536,000. It is a $160,000
drop from our current budget position. It
is similar to the arrangement they have in Weston. They typically charge fees for those
services. We had discussions during
their consideration of the RFP. I told
them no fees are currently being charged and the Board will have to approve
it. There is a way you can contract this
out and bring revenue back to the District to lessen the costs to all
homeowners. The people who use it the
most might see a slight increase.
Mr.
Henderson stated we bid because we are a tennis management company and we were
asked to submit our proposal. We do not
want to upset anyone in any community.
We want you to visit us in Key Biscayne.
We stepped into the same thing in Weston as well. It is a nice proposal. It will make us plenty of money without
charging fees. We made the proposal with
the understanding there will not be fees.
We feel very friendly towards WCI.
They are an outstanding company.
We talked to WCI about running their tennis facilities. The quality of people we can attract will not
detract from anything happening in tennis.
We will enhance things for your community.
Mr.
Petty stated the Board should ask questions regarding the package before the
residents do.
Mr.
Mendolia asked how many clubhouses have you taken care of?
Mr.
Henderson responded we run the tennis facility and clubhouse at the Ritz
Carlton in Key Biscayne.
Mr.
Mendolia asked just the tennis area or is it property management for the entire
operation?
Mr.
Henderson responded the entire operation. We handle the turnkey operation with the deli
and the entire sports facility.
Mr.
Mendolia asked do you handle yoga classes and other things which come along?
Mr.
Henderson responded we do not. It is not
brain surgery for us to add it.
Mr.
Petty stated the programming we are referring to is provided by a third party
and not your contract manager. These
people go on a tour to all of the municipal parks and offer their classes. It is like a summer program. The management group oversees it, schedules
it and makes sure the rooms are available.
Mr.
Mendolia stated there are other things involved with the clubhouse such as the
pool.
Mr.
Drisdale stated we do different things aside from tennis. We run a kids camp. We manage the pool and beach for the Ritz
Carlton. We currently do not do spa or
gym facilities, but we consult for the gym.
We are capable of running the pool and other operations. It is not difficult. Our main focus is tennis. We are good at it.
Ms.
Mazurek asked why did we go out to bid?
You had financial concerns. There
were no tennis concerns. We are here in
regard to tennis. We asked you for a
license agreement for the tennis committee to take over the tennis element. It will remove it out of their hand. They are a tennis company. We do not have problems there. What are we fixing by accepting this contract? They are a reputable tennis company. They have a reputation for firing the
existing pros, bringing in six pros to run six courts, which will leave us four
for play. We do not want help like this.
Ms.
Dennis stated we have two great pros.
They are very involved in our program.
Mr.
Mendelson stated this is the first time since I have been sitting on the Board
that I am hearing positive feedback about WCI.
Everything else up to this point has been negative. The bottom line for the Board is to satisfy
as many people as possible.
Mr.
Hollander stated what the residents are looking for is a status quo situation
on the tennis courts. I am looking for
WCI to square up with us. This Board has
not looked into it. I am here every
month thinking if you do this audit, they might owe us more money.
Mr.
Mendolia asked are you saying there is no problem with the tennis facility?
Mr.
Hollander responded I never came here to complain about the tennis facility
except three years ago when I wanted to bring in my own pro.
Mr.
Drysdale stated the idea we will take over six courts and leave four for the
residents is far from factual. If we do
not do the job for you, we do not want to be a part of it. We are a good company. You have a good company with you now.
Ms.
Dennis stated many of us are frustrated because we felt over the last two years
by signing petitions it was our voice in contrast to having one or two people
physically here at every meeting. For
most people to take time off work or out of their lives to come to every one of
these meetings is not possible. We felt
we were expressing our voice by signing the petitions. It does not feel as if we were heard.
With
this contract, they are leaning to the tennis side of it. It is the one piece they want to do. In addition there are classes, racquetball
courts and meeting facilities which need to be booked all of the time. There is more to management of the property
than tennis. The proposal you have is a
solution to the one thing which is going well.
Mr.
Mendelson stated you are saying if it is not broken, do not fix it. It seems to be how the majority of the people
feel.
Ms.
Mazurek stated we are not advertising, but this facility is a public park. I do not feel it is in anyone’s best interest
to advertise it. The residents are happy
with the way it is operating.
Mr.
Mendolia stated you are talking about tennis.
What about the rest of the clubhouse?
A
resident responded I bought two houses from WCI. They have been good to me with both
houses. I live in
Mr.
Hollander stated I have been here eight years.
In my original document it was written that Heron Bay Commons is a
private club for the residents only. In
the new documents, WCI has changed it.
We all know it is open to the public.
WCI mislead everyone in this room.
Mr.
Petty stated we are looking at a community recreation facility. The intended use was typically like community
parks are in other communities, which are built with public funds. We are not going to invite them. The intent was for it to be paid for and used
by the residents. Because the residents
are part of the public, you are using tax dollars. If someone finds out about it, wishes to play
and walks up, they are to be allowed in.
We have not had a great demand and the place has been opened for
sometime.
Mr.
Holland stated there is no record from WCI of guests who walk in or drive
in. Why should I pay for someone to come
off the street and have the same amenities I have without paying.
Mr.
Petty stated you are spending tax dollars for a facility. The City of
Mr.
Hollander stated most of the residents who bought there did so under the
assumption this is a private club.
Mr.
Mendelson stated we determined it is not a private club.
Mr.
Petty stated we never said anything different here. If there is a problem between someone who
bought a house and the seller of the home, they need to talk to the seller and
not bring it to this Board meeting.
A
resident stated I play tennis and it is running fine. I also use the gym in the clubhouse and it is
running fine. I do not know about the
telephone bill. It is not good, but as
far as the other facilities in the clubhouse, it is fine.
Mr.
Medolia asked I hear you, but where were these people?
Ms.
Mazurek responded they signed petitions.
Ms.
Dennis stated when we were getting the petition signed I did not go only to the
tennis people. I went to people using
the pool. There are people on the list
who do not play tennis. I do not know
what else we can do. We came to you with
100 signatures. Do you want us to come
with 200 or 300 people to the meeting?
We will do it if necessary.
Mr.
Mendelson stated it seems to me the people here are satisfied with the way the
facility is being run by WCI.
Mr.
Henderson stated the idea we will try to turn it into something other than what
it is, is not correct. It is not our
intention.
A
resident asked how are you going to make your numbers with no additional fees
or charges?
Mr.
Drysdale responded there is ample money in the management fees WCI was
getting. You have $200,000 in salaries
budgeted for this facility. The level of
services you are going to get will be equivalent to the Ritz Carlton and the
Four Seasons. You will have impeccable
services. It is a public facility, but
we are going to go in whatever direction the residents want us to go in. If we need to find ways to keep the facility
exclusive, we will do it.
Mr.
Petty stated the fees for WCI are at a premium level and you can get premium
service for it. I believe the residents
are saying they feel they are getting a premium response. Both entities are in the top tier for providing
these services. Drysdale can provide
excellent services under the existing budget as they proposed without incurring
extra charges. You can make it part of
the contract.
Mr.
Drysdale stated every facility we have taken over has been brand new except for
Weston. The management team left. There were employees who are still with
us. We do not get rid of everyone. Everyone who left chose to do so. We are not going to fire everyone and hire
new pros. We go through a regular hiring
process. If there are talented
professionals, we need them in our organization as well. If there is nothing wrong with the tennis
facility because you have great pros, we will consider bringing them on
staff. They will be part of a bigger
organization with better benefits. It
may be good for their careers. You
cannot say we are going to get rid of everyone.
Ms.
Mazurek stated you are good at what you do.
We like what we have. We do not
want you there at the moment. I am not
afraid of change. I know what we have today
works.
Mr.
Drysdale stated you assume we are going to do something different, which will
not make it work. That is not true. You will find we are experts at what we
do. We make people happy. We are not going to go anywhere and do things
which do not make people happy.
Mr.
Petty stated Drysdale has done nothing, but provide professional level services
for every client we checked with. I can
find no faults. The residents are
legitimate in stating what they feel is their preference without putting any
type of hindrance on the ability of Mr. Drysdale to provide this service
elsewhere. You are both coming out on
top and we are not going to satisfy anything further by having exchanges
between the residents and a possible vendor.
Mr.
Hollander stated most people are under the assumption you are going to come in,
level the place and rebuild. They are
concerned because the tennis pros are well liked. Is there a possibility for them to join your
team? WCI is not running this facility
as a professional service, the residents are.
I would like to see a professional group run it. If this man’s group can come in for the same
money, and we are aware of the accounting errors which went on, let us go
forward.
Mr.
Mendolia stated I am seeing everyone wants WCI to control it the way it
is. Everyone is happy the way it
is. Because we only had one response,
maybe we should keep what we have. If we
keep it the way it is, WCI has to approve they will do it. I would like to have Mr. Petty be the “watch
dog”.
Mr.
Hollander stated my point is the facility should not be dialing
Mr.
Mendolia stated in the future, if we go with WCI, I want Mr. Petty to be in the
hen house with the people. A $600 phone
bill is not going to happen if it does not have to.
A
resident stated you are talking about the services this company will do for us
and what services WCI does for us. I do
not know what WCI does for the tenants or what they will do for the
tenants. Saying services is not enough
for me. I can look at a shopping list
and say something is better than something else. If WCI is just letting the tenants run
whatever they want to, it is not good.
If a tennis group comes in, what will they provide differently than what
we have?
Mr.
Mendolia responded if we have to go back to WCI, we will lay out what we
want. They will tell us what they are
going to do just as Mr. Drysdale has.
Mr.
Petty stated if WCI is amenable to going forward, this contract will be at the
Board’s pleasure. There will be
termination agreements within whatever terms we come up with in the contract,
which we will have to do because we do not have one.
Mr.
Lyles stated we have a contract with the HOA.
It is the HOA which entered into a contract with WCI’s subsidiary to
manage the Heron Bay Commons facility.
There is no contract between the District and WCI.
Mr.
Petty stated the resident’s satisfaction is paramount to this Board. If the residents are not happy with whomever
we ask to do this job, they will come to this Board and the Board will decide
whether or not there will be changes made to the agreement or if termination is
necessary. This is not a lifetime commitment. This is an agreement to give someone an
opportunity. Before we make a decision,
we need to ask Mr. Hessler if it is something he will feel comfortable
with. We currently have them set for a
March 15, 2006 termination. They did not
extend another 30 days.
Mr.
Mendolia stated we are going to have to make a decision today.
Mr.
Hessler asked are we talking about continuing or drawing a contract with the
HOA? The description, which went with
the indenture, recorded this in the description of the property. I can take the proposal back to the HOA
Board.
Mr.
Petty asked because March 15, 2006 is eight days away, can you give us a
handshake agreement to stay on post while you take this to the HOA Board for a
decision?
Mr.
Hessler asked can we do a contract with the HOA?
Mr.
Petty responded I believe we can.
Mr.
Mendolia stated Mr. Petty needs to watch what is going on.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor the termination letter previously authorized to terminate WCI
regarding management of Heron Bay Commons was rescinded.
Mr.
Lyles stated we are now status quo as of three months ago. We have our agreement with the HOA. With the input from the residents, the
Board’s direction should be to tweak our agreement a bit. We will work upon it at the staff level
between now and the next meeting. We
will meet the deadline of having this done.
Hopefully, we will not have a lengthy drawn out discussion about a subject
everyone seems to agree on in the future.
Mr.
Petty stated I ask we reject all bids submitted.
On MOTION by Mr. Mendolia seconded by Mr Mendelson. with all
in favor all bids submitted for management services of the Heron Bay Commons
Clubhouse were rejected.
FOURTH
ORDER OF BUSINESS Consideration
of Funding Agreement #441 for
Mr.
DaSilva stated this is a funding agreement for a continuation of design
services for the Heron Bay North Plat #4 drainageways.
Mr.
Petty stated there are no changes from past funding agreements.
Mr.
Mendolia asked is Mr. Ditthardt with WCI?
Mr.
Lyles responded yes.
On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all
in favor Funding Agreement #441 for Heron Bay North Plat #4 was approved.
SIXTH ORDER OF BUSINESS Consideration of
Permits
A.
Mr.
DaSilva stated this permit is for an addition to an existing school. It is for the addition of classrooms. They complied with the requirements. There are special provisions required for the
permit.
B.
Mr.
DaSilva stated this is for the Coral Springs Target’s drainage review. The new target is being proposed for the
corner of
C.
Mr.
DaSilva stated this is a final permit for the Heron Bay North Plat 3 Spine
Roads.
On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all
in favor the permits for Park Trail Elementary School Surface Water Management
and Heron Bay North Plat 3 Spine Roads were approved.
SEVENTH ORDER OF BUSINESS Staff Reports
A. Attorney –
Interlocal Agreement with CSID
Mr.
Lyles stated we discussed the possibility of entering into an Interlocal
Agreement between NSID and CSID to provide for emergency work, which needs to
be done at the water plant. CSID has a
contractor in place doing work at this plant at favorable prices. The concept is for them to agree to allow
NSID to borrow the contractor they have under contract to do the necessary
repairs in our plant. After our meeting
last week, CSID approved this concept and authorized me to go forward. We will be preparing the agreement and
getting it ready for final execution for the next meetings for both
boards. We should have an Interlocal
Agreement in place by your next meeting.
We will be able to use our funds, our engineers and our staff to manage
the project on our site, but using the contractor in the terms and conditions
CSID has.
B. Engineer –
Informational Only
i.
ii. Parkland Commons Surface Water Management
Site Plans Revision
Mr. DaSilva stated I will have to
table this because Ms. Early is not present.
C. Manager
Mr.
Petty stated there have been actions brought against one of the sister
districts, which you have been partner to in recent years. In 2003 there was a bill submitted to change
CSID into a dependent district from an independent District. There was funding for a lobbyist in
Mr.
Mendolia asked do you have a comment?
Mr.
Lyles responded I have not had a chance to discuss this with the manager. I can give you the information I have
independent of what Mr. Petty presented.
The Sunshine Water Control District had a bill filed with the
legislative delegation to turn into a dependent district and take away many of
its powers, particularly the power to budget.
It is between the Sunshine Water Control District and the cities it is
in. They are in a difficult situation
with
During
the discussion the issue of CSID having a lobbyist involved arose. There was negative comment and promise of
further action coming from some of the cities because their perception is CSID
is taking its taxpayer’s money and using it to fund something which affects the
Sunshine Water Control District instead of the residents of CSID. As of today there is no bill pre-filed, filed
or any action being taken with regard to CSID.
The CSID Board authorized a lobbyist to watch activity in
Mr.
Petty stated the issue of a special district being converted into a dependent
district at the whim of the municipality is not allowed by law. It must be a special bill. It has not been done successfully in the
past. Municipalities and the county have
been chipping away at this since special districts have been around. When they came after CSID, we did help them
out with a lobbyist in 2002. You did so
because you were protecting your interest.
If they can take down CSID, they can take you down. If they can tell CSID what to do, they can
tell you what to do. Your District sits
across two municipal borders. It does
not mean it cannot be broken up. This is
all done by a special bill.
There
is not a number you have to score each year to keep your independent
status. You are independent according to
the establishment by the Florida Legislature under a special act. There has been an attack made on Sunshine
Water Control District similar in nature to the attack done on CSID to try to
make it dependent. This is a district
which sits on the same facility and shares maintenance personnel with you. They share an identity with you in parts of
Mr.
Mendolia stated we should have Mr. Lyles investigate what you have said and let
him come up with a proposal.
Mr.
Lyles stated we can give you a full report at the next meeting.
Mr.
Mendolia asked can we wait until the next meeting?
Mr.
Petty responded it is the Board’s pleasure.
The actions are ongoing as we speak.
The Delegation adopted it and will be taking it to
Mr.
Mendolia stated this is all new because it just happened. Mr. Lyles should be looking at it. I cannot make a decision on something I am
not positive about.
Mr.
Lyles stated we will have it on the agenda for your next meeting. We will give you a complete report.
B. Engineer
(Continued)
i.