The regular meeting of the Board of Supervisors of the North Springs Improvement District was held on Thursday, February 2, 2006 at 4:30 p.m. in the District Office, 10300 N.W. 11th Manor, Coral Springs, Florida.


            Present and constituting a quorum were:


            Salvatore Mendolia                                           President

            Steve Mendelson                                              Secretary


            Also present were:


            John Petty                                                        Manager

            Dennis Lyles                                                     Attorney

            John McKune                                                   Engineer

            Jane Early                                                         Engineer

            Jean M. Rugg                                                   Severnt Trent Services

            Michael Udine                                                  Parkland City Commissioner

            Charlie DaBrusco                                             Parkland City Engineer

            Tara Lynn-Patton                                             WCI Communities

            Patti Hitchcock                                                 Town Center

            Karen Mazuric                                                 Heron Bay Tennis Committee

            Michael Hollander                                            Resident

            John Cantell                                                      Resident


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 January 5, 2006 Meeting

            Mr. Petty stated each Board member received a copy of the minutes of the January 5, 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 January 5, 2006 meeting were approved.





THIRD ORDER OF BUSINESS                             Consideration of Permit Request from Broward County School Board for Elementary School “Z”

            Ms. Early stated they are putting a new school in the northeast corner.  This is a submittal for conceptual review.  We worked with the engineer to assure they can provide everything the District requires.  Based on our conceptual review we recommend approval subject to two requirements.  Once they have final plans, they will comeback for final review.

            Mr. Mendolia asked when do you expect the final plans to be completed?

            Ms. Early stated they are doing preliminary plans to ensure they can meet all requirements.


On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor the conceptual plans for Elementary School “Z” were approved.


FOURTH ORDER OF BUSINESS                          Consideration of Award of Contract for Holmberg Road/ Trailes End/ University Drive

            Ms. Early stated this is on the agenda but the bid tabulation is not in there.  It is for several things.  The Holmberg Road intersection with University Drive and the bike lane will be paid by WCI.  We need a traffic signal for the University Drive at Holmberg Road intersection.  The portion of University Drive and Trails End will be paid out of the bond issues.  We had one bid submitted by Weekly Asphalt.  I met with him regarding his prices.  We recommend the award of contract to Weekly Asphalt in the amount of $1,657,186.80.

            Mr. Petty asked how close is this to your estimate?

            Ms. Early responded we did not do an estimate for this because I did not have information on the traffic signal as well as the repairs needed on some existing roads.  I can do an estimate.  We are going to do value engineering to reduce the price on corrective work needed.  We will do a change order to reduce the price.

            Mr. Petty stated I am uncomfortable with asking the Board to approve a bid without having an engineer’s estimate.  I do not know if it fits our budget.  I recommend we wait until the engineer can give us a value. 

            Mr. Mendolia asked is it okay to wait?

            Ms. Early responded the City of Parkland needs to get this traffic signal in.  It will be paid by WCI.  The two road portions are within the bond issue we sold.

            Mr. Petty asked I know that is where they get allocated, but is it within the project estimates of the bond?  We usually have specific project lines.

            Ms. Early responded I have line items for the road work.

            Mr. Petty asked does this fit into any of those?

            Ms. Early responded yes.

            Mr. Petty asked do we have an engineer’s estimate in the bonds stating this is within it?

            Ms. Early responded yes.

            Mr. Petty asked do you know what the difference between the two is?

            Ms. Early responded these prices are 30% to 40% higher.  We were concerned and called him in.  The prices are outrageous.  You cannot get asphalt at the moment.  It will continue to increase. 

            Mr. Petty stated I understand these issues.  If it were under, you could consider it.  You need to know what the impact is because it is over.  If we had been under on other jobs having the ability to consider going over because of the pressure on construction, we could consider something 30% to 40% over what is in the bonds.  Because there is a timing issue with the traffic signal, I do not know if I can recommend you make a decision today.

            Mr. Mendolia stated the problem is we are holding someone up. 

            Mr. DaBrusco stated we have a lead with the county.  We are trying to follow through on what they might loan us.  We need to get going with that portion.  It is being paid by WCI and the City. 

            Mr. Mendolia asked can we go through with a partial approval to get them started?

            Mr. McKune responded in the past we asked the Board to award subject to us updating the estimate as well as the District Manager’s review and approval. 

            Mr. Lyles stated the motion will have to indicate it be done subject to bond funding being available as well as a written commitment from WCI to fund any shortfall in our ability to fund through our bond proceeds. 

            Mr. Petty stated I suggest you accept this subject to the conditions shown on the request and we will ask the engineer to come back with a report at the next meeting showing any impact of this construction industry.




On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor the award of contract for Holmberg Road, Trails End and University Drive was approved subject to bond funding availability, a written agreement from WCI Communities, Inc. to fund any shortfalls and an engineer’s report to be presented at the next meeting.


FIFTH ORDER OF BUSINESS                               Consideration of CH2M Hill Work Authorizations & Funding Agreements

A.            WA #153 Post-Hurricane Water Management System Rehabilitation

B.            WA #154 Heron Bay North Plat #4 – Drainageways (10 AC)

C.            WA #155 University Drive (Final)

D.           WA #156 Trails End (Final)

E.            WA #157 Heron Bay North Plat 3 and 4 Drainageways and Funding Agreement #440

F.             WA #158 Parkland Golf & Country Club-Lakes

            Mr. Petty stated these are all standard.  Unless there is something you would like to discuss, we suggest you consider them as a package.


On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor WA #153 Post Hurricane Water Management System Rehabilitation, WA #154 Heron Bay North Plat #4 – Drainageways (10 AC), WA#155 University Drive (Final), WA # 156 Trails End (Final), WA #157 Heron Bay North Plat 3 and 4 Drainageways and Funding Agreement #440, and WA #158 Parkland Golf & Country Club Lakes were approved.


            Ms. Early stated two of the work authorizations approved need a funding agreement. 

            Mr. Petty stated there are several parts to any project.  We have a cut off for our agenda in order for you to have time to look at this material.  A couple of the work authorizations for these projects are contingent upon have supporting information for the secondary part of it, which is not here for you to consider.  If they came in after the cut off date, it was not included in your package.  You can consider it if you wish and we can hand them out.  Even though these were approved they will sit until you approve the next piece.

            Mr. Mendolia stated so be it.








SIXTH ITEM OF BUSINESS                                  Consideration of Change Orders

A.           Florida Water & Sewer CO #5 & Final for Heron Bay Northeast – The Glen – for a Net Decrease in the Amount of $120,376.11

            Ms. Early stated this is a final balancing change order for The Glen.  There is a deduction of $120,376.11.  There is a breakdown showing what the deductions are for.  There was a deduction for NSID of $13,000.


B.     Florida Water & Sewer CO #18 & Final for Osprey Trail and Heron Bay Recreation Amenity Offsite Roadway Improvement for a Net Decrease in the Amount of $231,879.25

            Ms. Early stated this is a balancing change order bringing the final quantity to as built.  There is a tabulation showing a deduction.  The quantities we had in the bid were higher than what was installed. 


On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor CO #5  & Final for Heron Bay Northeast – The Glen – for a net decrease in the amount of $120,376.11 and CO #18 & Final for Osprey Trail and Heron Bay Recreation Amenity Offsite Roadway Improvement for a net decrease in the amount of $231,879.25 were approved.


SEVENTH ORDER OF BUSINESS                        Consideration of Release of Canal Reservations in Deed No. 16396 – Town Park Homes, LLP

            Mr. Lyles stated it is a request which has legal documents attached needing to be completed by the District.  In 1912 a deed from the Trustees of the Internal Improvement Fund to Florida East Coast Railways there were restrictions to the possibility of future canals and right of ways.  This was for five sections of property in South Florida.  The people who bought and developed the property under the original track of land asked for it to be waived.  It is routinely granted unless there is a canal or state roadway there.

            Because we are in an area affected by this request, they are asking us to sign off on it.  The state is prepared to release the canal reservations pursuant to this request which has been filed.  They want to hear from us as a local drainage authority whether we have any reason to believe we need some or all of these canal reservations.  If the engineers are comfortable releasing these canal reservations, we can go forward.

            Ms. Early distributed a review letter regarding the release of canal reservations for Parkland Village.

            Mr. Petty stated this is unusual because of its age.  The canal systems shown in the public record are not going to work with our system.  In cases like this one it is typical for us to absolve the owner of the land from any obligation.


On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the release of canal reservations in Deed No. 16396 was approved.


            Ms. Hitchcock stated I have one more release of canal reservation for Mr. Thomas Richard Hayes and Ms. Martha L. Hayes. 

            Mr. Lyles stated we do not have a package here for this one.  It is between the District Engineer’s office and the District Management’s office.  We have a letter from CH2M Hill entertaining no objection to release canal reservations.  You might want to take up a motion to approve the release of canal reservations for the property owned by Mr. Thomas Richard Hayes and Mrs. Martha L. Hayes subject to staff review and confirmation of no objections.


On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor the release of canal reservations in Deed No. 16396 to Mr. Thomas Richard Hayes and Mrs. Martha L. Hayes was approved subject to staff review and confirmation of no objections.


EIGHTH ORDER OF BUSINESS                           Consideration of Right-of-Way Conveyance to NSID – Portions of University Drive and Trails End

            Mr. Lyles stated this concerns a conveyance you approved in 2001.  The owners of the property, the Beatys, who are significant landowners in the District, have determined they will qualify for a tax benefit due to the fact they donated the property without charging the District.  Their accountant is asking the District’s President to execute a tax form indicating we are a not-for-profit organization and are subject to certain restrictions on giving the property to anyone else.  He is willing to accept a letter from me as District Counsel acknowledging the property was donated to the District and it was accepted by the District in the same calendar year.  I modified their request which appears in their agenda package.  Unless there are any questions I will handle it this way.

            There being no objections, Mr. Lyles was directed to proceed as above


NINTH ORDER OF BUSINESS                             Consideration of Management Services for the Heron Bay Commons Clubhouse Facilities

            Mr. Petty stated the cut off was yesterday at 4:00 p.m.  We did not receive any at 4:00 p.m.  We did receive a package from Integrity Property Management at approximately 4:05 p.m.  We have not opened it because it is not in compliance.  The Board can waive this irregularity and I will be glad to open it.

            Mr. Mendolia stated something is wrong.  Someone should have been notified. 

            Mr. Petty stated we followed the statute.  It was published in the public notice section of the newspaper.  This is how we handle all of our bids.  We have proof of publication. 

            Mr. Mendolia stated I do not doubt you did, but there is something wrong.

            Mr. Petty stated we may need extra effort to get more participation.

            Mr. Mendolia stated we might want to re-bid.

            Mr. Lyles stated there is nothing legally prohibited in identifying potential bidders in the area.  Management can identify people who qualify and let them know we are doing this.  They can pick up a package or one can be sent to them.  You are not required to put it in the newspaper and wait to see who shows up.  We normally get responses when it is done this way, but in this case it did not work.  If you want to allow management to put it back out and contact reputable qualifying firms, you might get more responses.

            Mr. Petty stated there is nothing stopping us from advertising outside of the Sun-Sentinel.  We can also include periodicals such as the Property Managers Monthly. 

            Mr. Lyles stated that is a safer course.  I have done it both ways.  Someone can show up and claim they were not contacted.  You are not required to contact everyone.  We will be looking at the Yellow Pages and getting a reference from other entities who utilize these services.


On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor staff was authorized to re-bid management services for the Heron Bay Commons Clubhouse Facilities and notify via invitation local management companies.


            Ms. Mazuric stated I represent the tennis community in Heron Bay.  “I would like to thank NSID for their support by acting in the best interest of the residents of Heron Bay.  As previously submitted to you through petition, the residents of Heron Bay are satisfied with current tennis operations.  The tennis committee has worked diligently to establish a set of policy and procedures which effectively meet the needs of our tennis community.  We would like to be involved and have input in the selection process for any future management company at Heron Bay.”  This statement is signed by all members of our Board.

            Mr. Mendolia stated we will do that. 

            Mr. Petty stated she is asking if she can be part of the selection committee.  That power is with this Board only.

            Mr. Mendolia stated you can bring ideas and suggestions.

            Ms. Mazuric asked is it legal, within the contract, to ask the management company to recognize the tennis committee as a representation of the tennis residents and to work with us?  We have policies of how you reserve a court.  We have over 120 women playing in leagues and 40 men signed up to play in a new men’s league.  Court usage is always an issue.  We have an effective set of policy procedures which work.  The majority of the residents are happy.  I am nervous about a new company coming in.  WCI has done a great job. 

            Mr. Petty stated the responsibility lies with this Board only.  If you enter into an agreement with another entity, you are ultimately responsible for any action from that group.  What you are asking for can be done through a delegation of this Board as it deems fit.  You can instruct the management company to work with your representative.  Your representative is whomever you name. 

            Mr. Mendolia asked what happened in the past with WCI?

            Mr. Lyles responded many things happened with WCI.  There are a couple of key things important to this discussion.  The rules followed by Heron Bay Commons need to be adopted by this Board.  The individuals involved with the tennis activity will not necessarily change because you have a different management company overseeing operations. 

            Ms. Mazuric stated there is chaos which can be created by certain residents who go up to a WCI employee telling them their job is safe because they know the management company.  This is creating panic out on the courts.  It is unprofessional and unnecessary. 

            Mr. Lyles stated it needs to be brought back into NSID’s control to establish a new management company contract along with rules.  The purpose behind what the Board is doing is to eliminate chaos and confusion.  It will make it easier for the homeowners. 

            Ms. Mazuric stated the sets of policies and procedure need to be brought to this Board in order to ask for approval.

            Mr. Lyles stated they need to be formally adopted as rules.

            Ms. Mazuric asked how do I do this?

            Mr. Lyles responded you can work with Mr. Petty and he will make sure it happens for you.

            Ms. Mazuric asked may I have it on the next agenda?

            Mr. Petty responded it will be a policy you take to management.  Once you have the rules finalized I will put them on the agenda.

            Ms. Mazuric stated the December minutes state the contract with WCI will be terminated as of March 15, 2006.

            Mr. Petty stated the instructions were to straighten this out by March 15, 2005.  Because of the lack of attention we received with our advertisement, we are going to go out another month.  It is appropriate to consider a letter extending the date for thirty days to consider this matter.  I have a copy of the letter.  It is appropriate for me to change the dates with the same language if the Board authorizes it.

            Mr. Mendolia stated we do not have a choice.

            Mr. Hollander stated I would like to know what is going on with the audit.  I would like to see the engagement letter for the audit.  I requested it a month ago and I have not received it.  Are we doing an audit?  I appreciate the fact WCI paid back $48,000 for misuse of the building.  What about the money paid to DCP Janitorial for the set up and take down of chairs as well as tables for WCI?  When are you going to address this issue?  Then we can discuss the long distance phone bills and phone system.  This is what the audit was supposed to bring about.
            Mr. Petty stated we are not up to public discussions.  We have other items we need to consider on the agenda. 


On MOTION by Mr. Mendolia seconded by Mr. Mendelson with all in favor the termination of the contract with WCI Communities, Inc. was extended to April 15, 2006.


TENTH ORDER OF BUSINESS                             Staff Reports

A.            Attorney

There being no report, the next item followed.


B.           Engineer

            Mr. McKune stated I would like to discuss the money from FEMA.  One of the results from Hurricane Wilma was a great deal of damage to one of the water control structures north of the Sawgrass Expressway on University Drive.  We had FEMA representatives come out shortly after the hurricane and they told us the repairs are eligible for reimbursements.  The numbers were provided to FEMA to assist in the process.  They came back with approved project worksheets.  They will provide $86,000 out of the approximate $116,000 worth of work.  This work represents ten different projects.

            Mr. Petty stated these projects are related to Hurricane Wilma.  The reason they are coming to you today is because it took this long to work through our due diligence with FEMA.  The engineers had to check the structural integrity of some of these issues.  We want to bring the tax payers every entitlement they can receive.  It is past the bureaucratic review and available for Board consideration. 

            Mr. Mendelson asked have any funds arrived from FEMA?

            Mr. McKune responded CSID received $80,000.

            Mr. Petty stated we will have to pay up front and be reimbursed.  Once funds are received FEMA will or may request an audit within five years to make sure the estimates were accurate and they did not overpay.  That is an obligation of the District.  In regard to the award of contract to bid options, we can piggy back a contract with other government agencies.

            Mr. Lyles stated there is a low threshold for competitive bidding in this District.  We have the ability to enter into contract with another government agency.  It can be amended with CSID.  We can enter into an Interlocal Agreement with CSID and change order the existing contract with CSID to include the work for NSID.  The engineer will certify this is the construction amount we will need to get the job done.

            Mr. Petty stated this will also allow construction to be completed more expeditiously.

            Mr. Lyles stated we will also be able to keep costs down since the company will already be in the area.


On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor an Interlocal Agreement between NSID and CSID for hurricane repairs was approved.


C.           Manager

            Mr. Petty stated the city interconnects were opened with NSID and CSID during the hurricane and we did not have to boil water.  CSID has an Interlocal Agreement.  NSID has a price structure.  We can consider the option to keep it a water to water basis rather then send a bill to the city.

            Mr. Lyles stated we will have to amend the agreement.

            Mr. Petty stated if the District agrees.

            Mr. Mendolia stated there is a mutual understanding.

            Mr. Lyles stated District Staff will prepare an amendment to the Interlocal Agreement for the next meeting.


ELEVENTH ORDER OF BUSINESS                     Approval of Financials, Requisitions and Invoices

            The Board requested the invoices be in the agenda package and not sent separately.


On MOTION by Mr. Mendelson seconded by Mr. Mendolia with all in favor the financials, requisitions and invoices were approved.


TWELFTH ORDER OF BUSINESS                       Supervisor’s Request and Audience Comments

            Audience comments related to:

·        The berm in Parkland Isles needs to be cleaned up.  Several lakes are full of debris.  Valley Crest has not been paid since September.  Standard procedures or plan to move forward?

·        $55,000 was added to Parkland Isles assessments, still waiting for replacement of landscaping.

·        The audit that was promised on Heron Bay Commons and when it will be presented.

·        The ten line phone system; 62,000 phone calls to Bonita Springs and $30,000 spent on office supplies.

            Mr. Petty stated the annual audit for District operations includes Heron Bay Commons.  I will get you a copy of the audits for the last five years.


THIRTEENTH 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 at 5:50 p.m.




 Steve Mendelson                                                            Salvatore J. Mendolia

 Secretary                                                                        President