The regular meeting of the Board of Supervisors of the North Springs Improvement District was held on Thursday, January 11, 2007 at 4:30 p.m. at the District Office, 10300 NW 11th Manor, Coral Springs, Florida.


            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                                                  Severn Trent Services


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 December 17, 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 December 17, 2006 meeting were approved.


THIRD ORDER OF BUSINESS                             Consideration of Permit Modification 97-4 for Parkridge Baptist Church

            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 Parkland, one of the residents must be from Coral Springs and they must be elected by popular vote throughout the District.  The other resident can be at large.  They will put this requirement in and it will go before the delegation again. 


            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 National Home Building and Remodeling Corporation for Heron Bay Commons clubhouse repairs for a net increase of $59,065 was approved.


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