MINUTES OF MEETING

NORTH SPRINGS IMPROVEMENT DISTRICT

 

            The regular meeting of the Board of Supervisors of the North Springs Improvement District was held Thursday, March 4, 2004 at 4:00 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                                               Supervisor

 

            Also present were:

 

            Rich Hans                                               District Staff

            Dennis Lyles                                          Attorney

            Donna Holiday                                      Recording Secretary

            John McKune                                        Gee & Jenson

            Roger Moore                                           District Staff

            Bill Joyce                                                District Staff

            Dan Daly                                                 District Staff

            Joe Guttuso                                            WCI Office Land Development

            Rob Hill                                                   WCI Property Management

            Cindy Dennis                                         Heron Bay Resident

            Mike Hollander                                     Heron Bay Resident

            Linda Kowal                                           Heron Bay Resident

            Valerie Verger                                       Heron Bay Resident

 

FIRST ORDER OF BUSINESS             Roll Call

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

 

SECOND ORDER OF BUSINESS         Approval of the Minutes of the February 5, 2004 Meeting

            Mr. Lauritzen stated that each Board member had received a copy of the minutes of the February 5, 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 February 5, 2004 meeting were approved as submitted.

 

THIRD ORDER OF BUSINESS            Public Hearings

            Mr. Lauritzen opened the public hearings.

          A.      Imposition of a Plat Review Fee and Amendment to Existing Permit Review Fee

            Mr. Hans stated at our last meeting we discussed implementing fees for permit reviews and plat reviews and collecting additional costs above $350.  We also discussed collecting late fees for late water bill payments.

            Resolution 2004-3 by title is, “A resolution of the Board of Supervisors of the North Springs Improvement District adopting certain rates, fees and charges for plat and permit review”.  This resolution is in order and recommended for adoption.

 

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor Resolution 2004-3 adopting certain rates, fees and charges for plat and permit review was adopted.

 

          B.      Amendments to Schedule of Water and Sewer Utility Rates, Fees and Charges

            Mr. Hans stated Resolution 2004-4 by title is, “A resolution of the Board of Supervisors of the North Springs Improvement District adopting certain rates, fees and charges for its water and wastewater utility system and authorizing the preparation of amended Schedule “B” to be attached to Resolution 89-2, reflecting such changes and providing for an effective date”.

            Resolution 89-2 setting rates was adopted in 1989, and a schedule was attached.  We are updating this schedule to include the fees that we discussed at our last meeting, which are listed in Resolution 2004-4.

 

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor Resolution 2004-4 adopting certain rates, fees and charges for its water and wastewater utility system was adopted.

 

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the public hearings were closed.

 

FOURTH ORDER OF BUSINESS        Consideration of Change Order No. 1 for Heron Bay North Drainageways with Triple R Paving for a Net Increase of $4,265,275.84

            Mr. McKune stated bids were originally taken for the entire project.  The low bidder is Triple R Paving.  After the bids were received, WCI said they only want to build Phase I at this time.  Phase I of the contract amount is the original contract of $2,287,000 as shown in the change order.  This change order represents adding the rest of the previously bid contract.  All the work is still being done on a unit price basis as bid.  The last page of the change order shows that the total cost of this change order is largely borne by WCI.

            Mr. Lyles asked would it be fair to characterize this as a second step versus a change order?  The bid package for this project included all this work originally and at the time of this contract, WCI and the Board authorized a limited portion of the work to proceed.  Essentially, it is now Phase II of the work that is all within the bid specifications.  We are not going outside the bid amount or specifications that were originally in place.  While it is referred to as a change order on the agenda, it is a notice to proceed with the second phase of the work.  You are not going beyond what was authorized at the beginning.

            Mr. McKune stated that is correct.

 

On MOTION by Mr. Miner seconded by Mr. Lauritzen with all in favor Change Order No. 1 for Heron Bay North drainageways with Triple R Paving for a net increase of $4,265,275.84 was approved.

 

            Messrs. Hill and Hollander and Misses Dennis, Kowal and Verger joined the meeting at this time.

 

            Mr. McKune distributed Final Change Order No. 9 with Florida Sewer and Water, Inc. for paving, drainage, water and wastewater for the Heron Bay East Pod 5/Heron Run Drive Phase II for a net decrease of $173,022.91 and stated WCI’s portion is a decrease of $179,188.57, and the District’s portion is an addition of $6,165.66.

            Mr. Lyles stated we had additional infrastructure installed and the quantities are set forth in the change order backup.

 

On MOTION by Mr. Miner seconded by Mr. Lauritzen with all in favor Change Order No. 9 & Final for Heron Bay East Pod 5/Heron Run Drive Phase II for a net decrease of $173,022.91 was approved.

 

            Mr. McKune distributed Change Order No. 2 for the Osprey Trail project.

            Mr. Lyles stated except for a few hundred thousand dollars, which is the District’s portion of the change order, WCI will pay to have this infrastructure installed and when the project is complete, they will convey it to the District pursuant to an acquisition agreement.  Staff is asking for approval of the change order for the total amount of $455,091.75.

 

On MOTION by Mr. Miner seconded by Mr. Lauritzen with all in favor Change Order No. 2 for the Osprey Trail project in the amount of $455,091.75 was approved.

 

FIFTH ORDER OF BUSINESS            Consideration of Work Authorizations and Funding Agreements

            A.      Work Authorization 119 Creekside Water and Sewer Engineering Services During Construction and Funding Agreement for Same

          B.      Work Authorization 120 Meadow Brook Water and Sewer Engineering Services During Construction and Funding Agreement for Same

          C.      Work Authorization 121 The Glen Water and Sewer Engineering Services During Construction and Funding Agreement for Same

            Mr. McKune stated Items A, B and C are the same.  Each involves a funding agreement and each involves the same amount of consultation ($4,000 per month for an estimate of six months).  These are the standard services during construction, and I recommend approval.

 

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor Work Authorizations 119, 120 and 121 and the funding agreements for same were approved.

 

·        Consideration of Award of Construction Contract

            Mr. McKune distributed the bid tabulation for The Glen and stated this represents the award of a construction contract. This is a standard WCI development project.  We received six bids on March 2, and Florida Sewer and Water submitted the lowest, responsive bid with a base bid of $545,113.70.  The engineer’s estimate was $595,218.50.  We reviewed the bids, and we recommend awarding the project to Florida Sewer and Water.

 

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor Florida Sewer and Water was awarded the construction contract for The Glen in the amount of $545,113.70.

 

SIXTH ORDER OF BUSINESS            Consideration of Permit Requests

            A.      Creekside at Heron Bay Northeast Drainage Outfall and Surface Water Management System – WCI

          B.      Heron Bay Northeast The Glen Drainage Outfall and Surface Water Management System – WCI

          C.      Heron Bay Northeast Meadow Brook Drainage Outfall and Surface Water Management System - WCI

          D.      Heron Bay North Plat 1 Phase 1 Drainage Outfall and Surface Water Management System - WCI

 

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the permits listed above were approved subject to the conditions listed in the engineer’s review letter.

 

          E.      Wyndham Lakes Boulevard at N.W. 49th Drive, Grand Isle, Installation of a Fountain – Grand Isles Homeowners Association

            Mr. McKune stated Item E represents a surface water management permit for the construction of fountains.  We reviewed this request and find it acceptable.

            Mr. Mendolia asked who is putting the fountain in?

            Mr. McKune responded the Association.  However, it gives us a benefit as to water quality.

            Mr. Miner asked would a fountain in the middle of a lake cause a problem if it became dislodged?

            Mr. McKune responded I have not seen these particular fountains, but I have dealt with fountains of this type.  They are small and would sink or drift onto the canal bank if they became dislodged.  They will not make it through the culverts, which are under water, because these fountains float.

 

On MOTION by Mr. Miner seconded by Mr. Mendolia with all in favor the permit for the installation of a fountain at Wyndham Lakes Boulevard at N.W. 49th Drive, Grand Isle was approved.

 

SEVENTH ORDER OF BUSINESS      Consideration of Grant of Easement to FP&L for Additional Easement within Pinehurst Woods

            Mr. McKune stated some time ago, we awarded a construction contract for the interbasin back-pumping system that will allow us to pump water from the west side of the District into the east side of the District where our water supply wells are located.  That pumping station is located on the east side of University Drive.  The pump and piping has been constructed.  The only thing remaining is for FP&L to put in the transformers to feed our new pump.  However, it has taken them some time.  Moreover, they are going to need additional land outside their current easement upon which to put their transformers.  The area is currently staked out and can be seen for anyone who wants to do a drive-by.  The area is satisfactory to FP&L, and we recommend approval.  This easement is to the south of where their existing easement is.  To the north side of their existing easement, they have two small transformers that are currently outside of their easement.  Therefore, I will come back to the Board next month with another easement request for that smaller piece.  I would like the Board to approve in concept the granting of the easement subject to Mr. Lyle’s review so we can get things done without having to wait until the next meeting.

            Mr. Lyles stated they have a standard form of easement that they require people to use when dealing with FP&L.  This is enclosed in the agenda package, and will have a second document with a different legal description.  Therefore, the Board can authorize execution by the proper District officials of both easements in favor of FP&L for the location of utility installations as derived by the engineer.

            Mr. McKune stated we checked and confirmed that the District owns this property.

 

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the grant of two easements in favor of FP&L within Pinehurst Woods was approved and the proper District officials were authorized to execute same.

 

EIGHTH ORDER OF BUSINESS         Staff Reports

          A.    Attorney

            Mr. Lyles stated the legislative staff in Tallahassee contacted us with respect to our codification bill.  They have asked that a portion of it be revised and reorganized as part of the codification effort.  We incorporated the amendments within one complete bill.  They are going forward with the codification bill as we submitted it.  Additionally, they are asking us for help on internally reorganizing some the sections specifically related to liens, lien rights, etc.  The legislature will be in session this coming week, and I think we will make it all the way this year.

 

          B.    Engineer

            Mr. Moore stated regarding the easement where our pump is, this is one of the projects that was deemed beneficial to Broward County and its overall water management plan.  Enclosed in this brochure is a picture of that back pump for the betterment of water distribution throughout Broward County.  We also received $60,000 in grants toward the design of that project.

 

·        Consideration of Fish Bid Tabulation

            Ms. Holiday stated bids were taken this morning at 11:00 a.m.  They would like to order the fish within the next couple of weeks.  This is the amount of fish that are allowed for the number of acres of water bodies.  The low bidder, Florida Fish Farms, Inc., was also last year’s low bidder.

            Mr. Lauritzen asked are we happy with their services?

            Ms. Holiday responded yes.

 

On MOTION by Mr. Mendolia seconded by Mr. Lauritzen with all in favor the contract for the purchase of 4,000 Triploid Grass Carp was awarded to Florida Fish Farms, Inc. in the amount of $12,200.00.

 

          C.    Superintendent – Complaint Received from Mike Hollander Re:  Heron Bay Commons

            Mr. Hans stated enclosed in the agenda package is a letter we received from Mike Hollander who had some concerns regarding the Heron Bay Commons Clubhouse.

            Mr. Hollander stated Heron Bay Commons is a not-for-profit building.  WCI tells me they do not have a contract with a tennis pro.  With regard to how they give lessons, it is my understanding that the individual resident hires the pro.  I am asking for the same courtesy for my tennis pro; not the one they are representing.  Heron Bay has a head tennis pro and director who supposedly works for the residents only.  I am here today because I want to start a tennis business in Heron Bay the same way.  I want to hire a pro with the same type of arrangement that these people have and be able to solicit, but I have not been able to do that.

            Mr. Lauritzen stated I read your letters and responses and reviewed some of the by-laws.  Who has the authority to hire the tennis pro?

            Ms. Verger responded the residents.  There is no contract in existence between the facility and the assistant pros.  However, a contract exists strictly for maintenance.

            Mr. Lauritzen asked do we have a tennis director?

            Ms. Verger responded yes.  His name is Skip Jackson.

            Mr. Lauritzen stated in my review of the by-laws, it sounds like the tennis director is the final authority to solve these problems.  Perhaps you may want to consider applying for the tennis director job.

            Ms. Verger stated the tennis director came about due to the residents’ demand for more structure.  The facility is not set up for tennis operations.  They provided us with a swimming pool and tennis courts.  The residents showed an interest in forming leagues and instruction clinics and lessons, and Mr. Jackson helps to organize those programs.  As the need developed, he brought in two additional pros under him to offer services to the residents at the discretion of the residents.  The entire negotiation is between Mr. Jackson and the residents but in that capacity, he has been asked to rank the players and administer the tryouts.

            Mr. Lauritzen stated it sounds like he is a good director.  I am trying to see it your way, Mr. Hollander, but there is not much I can defend.  It clearly states that the tennis director who has the final authority will answer questions concerning the interpretation or applicability of rules and regulations.  This is clear to me that the tennis director is the boss and makes the decisions, and we need to respect those rules.

            Mr. Hollander stated I have no problem with the tennis people, pros and leagues.  I want my pro to give me lessons if I have the ability to hire my own pro, which they tell me I can.  I want him to have the same luxury as the other guys.

            Mr. Lauritzen stated you want your pro to teach and have his own locker.  Is this the issue?  Can you work in the framework of the current system?

            Mr. Hollander responded I am trying to.  This is why it got to this point.  The women and the rest of the committee has concocted that I want to get rid of the pros. I am not at that point.  I want my pro to have the same ability as these other pros.  They say they are hired by the residents, but I never got a chance to vote, nor have I seen anything indicating an election.  He is able to use the facilities that I pay taxes for to sell his goods such as books and tennis balls.  It seems that they are doing a good business because they do not pay any rent or fees to use the court.  Other facilities in Coral Springs require their pros to kick back a portion of their proceeds.  However, our pros get $55 an hour but nothing goes back.

            Mr. Lauritzen stated I thank you for your comments.  We have a great deal of confidence in our managers, and I trust their ability to manage and make decisions.  I do not see how we can accommodate you without rewriting the book, nor are we qualified to do that.  I ask that you search your soul for a spirit of cooperation and become a team player.  With all due respect, there aren’t any other complaints.

            Mr. Hollander stated 120 women are taking lessons from this group and only two men.  I run the men’s team.  There is a void in Heron Bay for a pro for the men’s group.

            Mr. Lauritzen stated perhaps you need more men.

            Mr. Hollander asked what if 25 men want to bring in 25 different pros?  Are they allowed to?

            Mr. Lauritzen responded this is why we have a tennis director, and the final authority of the rules and regulations go to the tennis director.

            Mr. Holland stated you are saying Mr. Jackson and his group are not hired by Heron Bay and WCI yet we have to adhere to their rules.

            Ms. Verger stated when the first league were attempting to form and were looking for someone to help them form the teams and get everything organized, they brought in Mr. Jackson as their pro to coach them.  People have been very happy with Mr. Jackson and his pros, and our teams are doing very well.  This is why we have not looked for anyone else to take over.  He has been very responsive to the residents and supportive to any issues that come up.

            With regard to compensation, there is compensation but not in the form of money to the club since we are a not-for-profit facility.  Mr. Jackson puts together the insert for the newsletter on his time at his own cost each month, which provides all the programs that are available to the residents.  He views the ladies playing tennis during league plays on his own time.  The pros only make money while they are teaching.  Everything they do over and above that is at no charge to anyone, including the club.

            Mr. Mendolia asked when is the time for Mr. Jackson to be voted in where Mr. Hollander can get someone else?

            Ms. Verger responded at any time if the majority of the community is unhappy.  We have done so in the past on two occasions.

            Mr. Hollander stated there is nothing wrong with it.  I am simply trying to interpret what the rules are.  In other words, I can bring in my own pro, but you are saying that he cannot have the same privileges.

            Mr. Mendolia asked why not?

            Mr. Hollander responded I do not know.

            Mr. Mendolia stated perhaps Ms. Verger can answer this.  If Mr. Hollander brings in a pro, can he have the same things Mr. Jackson has?

            Ms. Verger responded that is for the Board to decide.

            Mr. Lauritzen stated according to the U.S.T.A. Ethic Rules, it is unethical.

            Mr. Hollander stated it is not my intention to get rid of Mr. Jackson, but there is a void of men.  We want to hire our own pro.

            Mr. Miner asked why not hire one?  What is the contention?

            Mr. Hollander responded our pro would like the same privileges as their pro such a closet for his tennis balls, a locker, etc.  I think it would be fair to the residents for them to see different rates.  They currently see posted rates of $55/our.  Our pro is going to charge $40/hour.  He should be able to post his name and number in the signboard, which is locked.  Their pro has a key; ours doesn’t.

            Mr. Lauritzen stated with all due respect, I think it was more than fair that they did not put you on probation for some of the letters you wrote.  I am going to recommend to the Board that whatever Ms. Verger wants to do, I will be behind it 100%.

            Mr. Lyles stated there is an agreement between the District and the Heron Bay Community Association that gives the Community Association the right and duty to manage the facility and the right and duty to adopt rules and regulations by which the facility is going to be run.  It is contractually up to the Community Association to deal with these operational issues, and I do not know if there is much the Board can do except to terminate the agreement, take over and start anew.

            Mr. Hollander stated you are saying that I can hire my own pro.  Is that correct?

            Mr. Miner responded according to this letter dated November 6, you can.

            Ms. Verger stated Mr. Hollander is looking for us to offer the same privileges to every single pro.  Clearly we cannot do that.  The pro of choice is selected by the majority of the residents so we have allowed him, on behalf of the residents and to benefit the residents, to let them know that these programs are available to them should they choose to take advantage of them.  Mr. Jackson was brought in to provide a service to the residents of Heron Bay.

            Mr. Miner asked how do you respond to Mr. Hollander’s statement that he is going to hire a pro?

            Ms. Verger responded he is welcome to bring his own pro.  The men’s team is welcome to bring in their own pro.  Mr. Hollander’s concern is that he will not have the privilege of pre-booking courts as we allow the existing tennis staff to do.  In order to manage our leagues, we have to pre-book court use and block times.  Mr. Hollander would like his pro to be able to do the same thing.

            Mr. Miner asked why can’t Mr. Hollander book a court, for example, at 8:00 a.m. on Saturday?

            Ms. Verger responded we will probably let the captain of each individual league do the booking so that the pros are removed from that procedure.

            Mr. Hollander stated the rules are to book the court 24 hours in advance except the residents who are taking a lesson from their pro can book two weeks in advance.

            Ms. Verger stated that is not true.  The pros are the ones who do the booking; not the residents.

            Ms. Dennis stated many of the bookings deal with team clinics, and they usually take place at 8:00 a.m. and finish at 1:00 p.m.  It is pre-booked because we know they will be there on a weekly basis.

            Ms. Kowal stated the residents have worked hard to build a program that is available for all residents and to get a tennis committee together that represents all playing people.  I would like to see the residents support the committee.  We have grown to seven ladies’ league in less than two years and to over 100 junior programs.  The program is successful, and the majority of the residents are very happy.  At this point, we have 350 signatures evidencing the happiness of the residents with the program as it exists.  We need to use the same system.

            Mr. Hill stated these pros are not allowed to bring anybody in from outside the community.  The pros make their living off the residents.

            Mr. Lauritzen stated these pros are at the request of the residents.  They are not exploiting the residents; they are there as an added benefit to add value.

            Ms. Verger stated we put together a court usage system, a court reservation system and rules to the best of our ability.

            Mr. Lauritzen asked how would you rate Mr. Jackson on a scale from one to ten for what his responsibilities are and his job?

            Ms. Kowal responded we are happy with him.  We have been able to resolve issues quickly because of him. 

            Ms. Verger stated there is nothing preventing Mr. Hollander from asking Mr. Jackson to find a pro who charges $40/hour.

            Mr. Hollander stated I do not have a problem with Mr. Jackson.  We had him, but it did not work out.  We have 30 men who want to do it.  I simply want the same rights as a resident as the other residents have.  They book courts five days in advance for residents, but I can’t.  We do not need to book courts at 11:00 a.m. because we have to work, but we do want to fill the void with a pro of our choice without having a problem.

            Mr. Mendolia stated we have no problem with that.

            Mr. Hollander stated thank you for your time.

 

NINTH ORDER OF BUSINESS            Supervisors Requests and Audience Comments

            There not being any, the next item followed.

 

TENTH ORDER OF BUSINESS           Approval of Invoices

 

On MOTION by Mr. Miner 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 5:20 p.m.

 

 

 

 

 

 

 

 

                                                                                                                                                      

Salvatore J. Mendolia                                            Matt Lauritzen

Secretary                                                                  President