MINUTES
OF MEETING
PINE
TREE WATER CONTROL DISTRICT
The
regular meeting of the Board of Supervisors of the Pine Tree Water Control District
was held on
Present and constituting a quorum were:
David Rosenof President
Margaret Bertolami Vice
President
Paul Brewer Secretary
Mark Weissman Supervisor
Also present were:
Ed Goscicki Interim Manager –
Pamela Rower
Julie Klahr Attorney
Warren Craven Engineer
Randy Frederick Field Superintendent
Numerous Residents
FIRST ORDER OF BUSINESS Roll Call
Mr. Rosenof called the meeting to order and Mr. Goscicki called
the roll.
SECOND ORDER OF BUSINESS Audience Comments
There
not being any, the next item followed.
THIRD
ORDER OF BUSINESS Approval
of the Minutes of the June 7, 2007 Meeting
Mr.
Rosenof stated each Board member received a copy of the minutes of the
Mr.
Craven stated on page one Mr. Colussy, Mr. Frederick and Mr. McKune were not in
attendance. I attended the meeting.
Ms.
Carr stated my name is misspelled.
Mr.
Goscicki stated the correct spelling is “Klahr”.
On MOTION by Mr. Weissman seconded by Mr. Brewer with all in
favor the minutes of the
FOURTH
ORDER OF BUSINESS Public
Hearing to Consider Adoption of the Budget for Fiscal Year 2008, Resolution
2007-5 and Levy of Non Ad Valorem Assessments, Resolution 2007-6
Mr.
Rosenof stated the public hearing is now open.
Mr.
Goscicki stated as the Board requested, we provided two alternative budgets to the
Board for consideration. The budget
precipitating the notification is the one with the higher assessment amount. Once we lock this number in, we cannot raise
it. However, the Board certainly has the
prerogative to reduce this number as part of their consideration tonight. The preliminary budget submitted to the Board
last month had an assessment amount of $215 per unit compared to your current
assessment of $145 per unit. After
significant discussion, the Board directed us to revise this budget. There was consensus of an assessment in the
amount of $160 per unit, which is a $15 increase from the current assessment of
$145. Staff wanted to bring back a
budget with a reduction from the $215 per unit assessment, but builds your
reserves going forward. The first budget
in your agenda package reflects an assessment of $194.89 per unit. Going to quarterly meetings reduced the
assessment number to $160.01.
Mr.
Rosenof asked what is our requirement?
Mr.
Weissman responded to set non-ad valorem taxes.
Mr.
Goscicki stated this is a decision to be made by this Board. The Board directed us to trim this budget
from what was originally proposed. On
the administrative side the following line items were reduced:
○ Number of meetings
○ Legal Fees
○ Advertising Fees
○ Printing & Binding
○ Technology Sharing
○ Shared Personnel Expenses
In
past years, the finance and accounting services were performed by CSID
accounting personnel, on behalf of Severn Trent Services. We brought these services back in-house and
our own people will be doing all of the accounting and budgeting. We reduced the technology sharing and shared
personnel expense to reflect not paying for the shared accountant. We did not increase our fee and reduced the
amount of work being performed by CSID.
We still have Mr. Frederick as a shared employee and he will continue
serving in this capacity. We have other
shared expenses with CSID in terms of storage of equipment and office
space.
On
the operating side, we kept the operating expenses in line with where they were
in the previous budget but ended up trimming the amount of projected fund
balance forward. This Board used to have
significant reserve funds before Hurricane Wilma. However, at the end of this fiscal year, we
anticipate you having $74,000 in reserves.
The budget we proposed at the $195 assessment rate, takes the reserve
from $74,000 to $117,000. In addition,
you have two months of first quarter operating reserves of another $73,000.
Mr.
Rosenof asked how do you get reserves of $117,000 if you have a projected fund
balance of $74,000 and add $115,000?
Mr.
Goscicki responded we are not adding $115,000.
What the $74,000 gets added to is the $73,000 we anticipate.
Mr.
Rosenof asked what is Reserve – R&R?
Mr.
Goscicki responded this is what you are building as an expense item. We are saying we need to put $115,000 into
reserves to start building the R&R account back up because you exhausted
the R&R account. The assessment of $195
will add $115,000 into your Reserve Fund every year to build up the emergency
reserve. In fact, we anticipate the
reserve reaching $1 million within a 10 year time frame. The net this year will be at $116,000 because
you are still borrowing money to make things balance out.
Mr.
Weissman stated let’s not assume these expenses will remain the same from year
to year. The likelihood is if you put
the same reserve number in there each year, you are not going to get anywhere
near this number by the end of the year.
Mr.
Goscicki stated true. Our balancing
number was the $115,000 reserve for renewal and replacement. This is the number we are going to work with;
i.e. the number the Board is comfortable working with and wanting to put back
into the savings account to start saving for another hurricane. If you get hit with a hurricane as you did
two years ago, you have the reserve to do the tree removal and the restoration
program without having to borrow money.
Ms.
Bertolami asked did we spend $1 million over the past two years?
Mr.
Goscicki responded I believe the amount spent was $890,000.
Mr.
Weissman asked does this amount include the reimbursments?
Mr.
Goscicki responded yes. The net was much
less.
Mr.
Rosenof stated I still do not know what the $115,000 refers to. Why doesn’t this amount get added to the
balance?
Mr.
Goscicki responded because we are treating it as an expense, not as a fund
balance.
Mr.
Rosenof stated you are saying at the end of the year it will be added to it.
Mr.
Goscicki stated correct.
Ms.
Rower stated it will be a line item carried forward into next year. You will see $115,000 in your adopted budget
for this line item.
Mr.
Rosenof stated this is what you are anticipating to spend.
Ms.
Rower stated you are appropriating this amount.
Mr.
Goscicki stated this is why we put it above the line. This is something we want to grow every year.
Mr.
Rosenof stated I understand. The
assessment will be $195 per unit. We
trimmed the administrative side and a small amount on the operating side. We tried to maintain the $195 by trying to
build $1 million in 10 years.
○ Budgeted for Mr. Frederick’s position
plus two other positions
○ Cut a
part-time position
○ Reduced raises from 5% to 3.5%
○ Reduced R&R
○ Reduced Aquatic Weed Control
○ Reduced Culvert Inspection to $25,000
We
tried to trim as much as we could; still leaving what we thought was a decent
level of service but focusing on the R&R Fund. By keeping the service to the minimum this
coming year, we ended up with an assessment of $160.01, resulting in you being
able to fund $144,000 instead of $115,000 in your Reserve Fund. At the end of next year, you will have first
quarter operating reserves of $145,000, which hopefully never get spent. If we have an emergency next year, we have to
go to the bank and borrow money. This is
a skinny budget but a doable budget. I
would not give it to you if we did not think it was doable.
Mr.
Rosenof stated we have no monies budgeted for title searches, which I think is
a good investment and is important. At
this time, we will take audience comments and then supervisor comments.
Mr.
Neil Thomas stated we have had drainage problems for years on
Mr.
Goscicki stated this is one of two options the Board is considering. The other option is raising the assessment
from $145 to $160.
Mr.
Thomas asked does FEMA assist the District?
Mr.
Rosenof responded several federal agencies can assist us and have assisted
us. In the past, the problem was we did
not have clear title to some of our parcels and were trying to get clear title,
which slowed down our reimbursement last year after Hurricane Wilma. However, we received reimbursements from
NRCS.
A
resident stated you said you had $100,000 in reserves. Was this money audited?
Mr.
Goscicki responded yes. Most of this
$100,000 was spent on hurricane repairs but we are using NRCS funds to
reimburse us. We not only have to go
through internal audits but everything this Board does is audited by an outside
independent auditor by statute. We have
to meet all of their requirements and show them how the money was spent. NRCS only reimburses on the amount
spent.
The
resident asked is your goal to have $900,000 in reserves?
Mr.
Goscicki responded as the manager for the District, we want to see the Board
grow reserve funds to be able to deal with hurricanes and other natural
disasters.
Mr.
Rosenof stated this was one of the discussion items last month. However, the Board had a difference of
opinion as to how high to make those reserves.
If there is a hurricane and we have to issue a special assessment, we
can do so but I do not want to assess the residents for every storm. On the other hand, I do not want to tax the
residents to bring the reserves up to $1 million. Hopefully we will not have a storm for five
years and are able to build up the reserve before getting hit again.
Mr.
Gerardi asked are the FEMA reserves on the back burner? The residents are under the assumption you
will not get the FEMA reserves.
Mr.
Goscicki stated those projects are closed.
We received reimbursement and this is the net result of where we are.
Mr.
Rosenof stated you can look at this in one of two ways. We got hit with many hurricanes in the past
two years and only raised the taxes by $15.
Mr.
Joe Longo asked is this an assessment we are going to be hit with every year?
Mr.
Goscicki responded this is an annual assessment. It was $145 last year. I do not know what it was in previous
years. The increase we are contemplating
required us to give you this public notification. We are doing this as a public notification
rather than relying on the TRIM Notice you will be receiving in September.
Mr.
Longo stated this is after the fact as the budget has already been
adopted.
Mr.
Goscicki stated no. The Board will be
taking action on this budget tonight.
Mr.
Longo asked are you saying there will be an assessment every year?
Mr.
Rosenof responded you are already being assessed but are now deciding whether
to increase it by $15 or $50. This
assumes you live on an acre of property.
If you live on half an acre, it is half of these amounts.
Mr.
Longo asked are these funds solely for hurricanes or disasters?
Mr.
Rosenof responded no.
Mr.
Longo asked what else are they for?
Mr.
Goscicki responded the primary function of this District is to maintain the
drainage system within the Pine Tree WCD.
Our job is to collect the rain water within the canals the District owns
and pump it out.
Mr.
Longo stated I am new to the area. As I
drive around the community, I see many low lying areas with water and no
drainage. When I walk next door, the
water is up to my ankles. This was
before the heavy rains came. Where is
this drainage occurring? I do not see
this activity taking place for what I am paying for. You are paying for part-time help but nothing
is being done. I see many trucks driving
around. The other day, I stopped one of
the trucks and asked the employee what they were doing. He told me he was looking to see if anything needed
to be done. I asked him what he does and
he said “Whatever my boss tells me to do”.
I said, “Can you tell your boss to get a tractor behind my house by the
canal and cut the weeds, which are now 10’ high. He told me, “I will have to see if my boss
allows me to”.
The
point is, we are paying money but we have no control over the major items
needing to be done. There has been no
proper drainage since the Sawgrass Expressway was constructed. They are supposed to come within 3’ of the
property line behind my house every couple of months but they do not do
this. I am putting more money back into
the budget but I do not see it being spent for the proper drainage. When I lived in
Mr.
Goscicki stated you have a much more complex system and have multi-agencies
involved.
Mr.
Rosenof asked where do you live?
Mr.
Longo responded on 80th Terrace, south of the Sawgrass Expressway.
Mr.
Rosenof stated I live in Pine Tree and have the same problem.
Mr.
Longo stated our water is not being channeled out into the everglades.
Mr.
Goscicki stated part of the problem is you have multiple agencies involved in
the design, construction and maintenance of the drainage system.
Mr.
Longo asked are they working together?
Mr.
Goscicki responded we like to think so.
You have the WCD, the city, individual HOA’s and individual property
owners. All of them have a
responsibility in terms of the level of maintenance they provide. Many canals the residents talk to this Board
about are not owned by the District.
They are owned either by the HOA or the city. The responsibility for mowing the grass in
this District is not a responsibility of this District. It is the responsibility of the property
owners to mow the grass down to the water’s edge. This is a typical responsibility we put back
on property owners or HOA’s.
Mr.
Rosenof stated there are a few exceptions.
Mr.
Longo stated such as where I live. I
researched this matter rather well and spoke to Mr. Nick Schooley. He told me he is doing the best he can.
Mr.
Goscicki stated Mr. Schooley works for NSID.
Mr.
Longo stated I am not only concerned about the grass because I can cut it
myself. I am greatly concerned about the
water. If we had some heavy flooding in
this area, I am concerned about whether my cars or animals will survive. I am zoned AE2, which is agricultural and I
have animals on my property. If there is
a disaster, I am not sure if Pine Tree is going to step up and say, “Well we
have money in the budget to take care of your situation”. What is being done to remove excess water
lying on our property? It is not only
when it rains. The property is now a
swamp.
Mr.
Goscicki stated if the water is not draining off of the property, this is not
something this District deals with.
Mr.
Longo stated this is a health issue as the water breeds mosquitoes and other
bacteria. It attracts other animals and
insects. This needs to be attended to.
Mr.
Goscicki stated this is a code enforcement issue, which should be taken care of
by the city. The WCD does not deal with
private property ownership issues. We
have no enforcement authority and cannot issue fines.
Mr.
Longo asked what is the special assessment covering?
Mr.
Goscicki responded maintenance of the basic drainage system including the main
pump system.
Mr.
Longo stated if this was being done, I would have no problem paying it.
Mr.
Rosenof stated it also covers maintenance of the canals.
Mr.
Longo stated the canals are not being maintained because if they were, you
would not have all this excess water.
Mr.
Goscicki stated the constant drainage problems are the cause of not being able
to get to the canal. You have ditches
not being properly maintained by POA’s and by homeowners downstream. This causes the water to backup onto other
properties. It could be the POA’s canals
that are not being properly maintained.
Mr.
Longo stated I do not think this is the case in my area. If there was the proper drainage, the excess
water will go into my canal.
Mr.
Goscicki stated we will get your address and have Mr. Frederick look at your
area tomorrow.
Mr.
Longo stated I read an article in the newspaper seven years ago titled, “
Mr.
Rosenof stated I am a Pine Tree resident also and live close to
Mr.
Longo asked then why are we paying more money if you cannot maintain it?
Mr.
Rosenof responded we spent hundreds of thousands of dollars maintaining the
canal where this water drains to, keeping it free from vegetation, the culverts
clean, the aquatic weeds from choking the area and the drainage flowing.
Mr.
Longo stated I do not understand the increase.
Is there any way we can audit your budget?
Mr.
Rosenof responded it will be audited by an auditor.
Mr.
Longo asked how do you expect the numbers to be good enough? You have part-time help and people driving
around in trucks.
Mr.
Jay Guttveg responded the problem is we are getting confused about the swale
behind our houses versus the canals. I
live in Pine Tree Estates and understand you are responsible for the canals.
Mr.
Goscicki stated correct.
Mr.
Guttveg stated the issue plaguing this homeowner is the swale because this is
where the water is building up.
Mr.
Rosenof stated correct. This has been my
contention ever since I joined the Board.
Mr.
Guttveg stated I have lived here for seven years and this has been my
issue. Since you understand the problem
with the homeowners, you should get involved?
The water gets disbursed from our canals and can be disbursed to the
city.
Mr.
Rosenof asked do you want me to take over your property?
Mr.
Guttveg responded sure.
Mr.
Longo stated you said all of you are working together. They have to know what you are trying to do
and vice versa. Maybe together you can
accomplish something with the extra money we are going to pay you.
Mr.
Rosenof stated we spent nearly $1 million on hurricane restoration. After Wilma came through, it was a mess. There were thousands of trees in my canal and
if we did not remove them, the water would have been up to your waist or even
higher.
Mr.
Herman Schnell stated I am the president of the HOA in
Mr.
Frederick stated we are doing our job but we are not responsible for the
swales. I know where Mr. Longo lives and
would be happy to meet with him to show him how the system works and where the
city takes over responsibility.
Ms.
Patricia Thomas stated my husband and I have lived on NW 80th
Terrace for 34 years. The water from our
canal used to be pumped to State Road 7.
Then the Sawgrass Expressway came in and took our canal and pump
away. The city installed a new drainage
system on the north end and wanted to assess us for it. A resident at the end of our street obtained
a pump and pumped the water into the NSID canal. However, the city informed her she could not
pump the water there because it was not her canal. Four houses at the end of the street had an
easement. They could have installed a
swale at the end of the street and let the water run into there. The city said we have to take care of it but
they will assess us for it. Where were
they when the Sawgrass Expressway came through?
Now we have no drainage.
Mr.
Craven responded they have a problem.
Ms.
Thomas stated a big problem.
Mr.
Craven stated they are surrounded on three sides by Drainage Districts. There is a pipe under the Sawgrass
Expressway.
Ms.
Thomas stated it is useless.
Mr.
Frederick stated the problem is your water cannot get to the pipe. Where the swales drain under the street, there
is a piece of PVC pipe 4 to 6” inches with weeds growing in front of it. On the other side of the street, there is a
swale between the road and the Sawgrass Expressway. The water is supposed to go into this swale but
it is overgrown with trees and vines. The
water cannot go where it needs to go.
Mr.
Thomas stated there is a 12” culvert there.
Ms.
Thomas stated they just cleaned it out.
Mr.
Thomas stated Mr. Keith from Keith & Schnars said after the Sawgrass
Expressway was constructed, there was no way to provide drainage because we are
surrounded by three other districts. We
have to go through natural absorption.
My neighbor on the east side of the street has a moat around her house
because the water just sits there. Whispering
Woods is to the south of us and when their lake fills up and the City of
Ms.
Thomas stated Whispering Woods is now part of Pine Tree. Correct?
Mr.
Craven responded it always has been.
Mr.
Thomas asked can we pump our water into the NSID canal?
Mr.
Frederick responded you cannot take water from one district to another.
Mr.
Thomas asked then what are you assessing us for? There is no control over the drainage. There was an article in the Forum regarding
the drainage. They say the same thing
over and over again.
Mr.
Frederick stated I understand what you are saying. The problem you are facing is a city problem,
not a District problem.
Mr.
Longo stated the districts should be working together to resolve this
matter. If one district has a problem,
the other districts should assist. I met
with Mr. Charlie DeBrusco from the city and showed him the problem areas. Nothing was done by the city.
Mr.
Goscicki stated we certainly talked with the city and provided them input on
problem areas but we cannot tell the city what to do. This is a separate independent governmental
entity.
Mr.
Longo asked if you do not have any control and cannot work together, what are
we doing here?
Mr.
Goscicki responded we are controlling the canal system. The network upstream is not controlled or
managed by this District. If this system
is not working and not getting water to our canals, we cannot control it. We can only make the city aware of the
problem but we cannot change it. The
money you give to this District, does not go to this city controlled
property. It goes to this District. The only reason why this assessment is
increasing is not to pay for more staff.
It is because we spent down the reserves to deal with the damage caused
by Hurricane Wilma. In fact we are
reducing our staff. Now we are trying to
build up our reserves gradually so when there is another hurricane, this
District has the money to remove trees from the canal so your house does not
flood. When this system falls, there not
be standing water in the yard. The entire neighborhood will flood and your
house will have water inside of it. You
are paying this District to keep the water out of your house and streets.
Ms.
Thomas stated we understand but we have no drainage.
Mr.
Thomas stated the problem was never corrected from six years ago and now it is
worse. The Pine Tree WCD has done
nothing.
Mr.
Craven stated this Board has been discussing your problem for years. It will take an infusion of capital to
install a drainage system serving these 40 acres.
Mr.
Rosenof asked are you talking about adding piping?
Mr.
Craven responded adding piping, swales and ditches.
Mr.
Rosenof asked is this problem isolated only to Pine Tree south of the Sawgrass Expressway?
Mr.
Craven responded the 40 acres south of the Sawgrass Expressway.
Ms.
Thomas stated we did not get swales because we had canals. Then the Sawgrass Expressway came through and
took the canal away so now we have nothing.
Mr.
Craven stated I do not know why you needed a swale in the first place.
Ms.
Thomas stated because we had a pump house.
All of these lots were empty when we moved in. They could have installed the drainage before
the houses were built.
Mr.
Rosenof asked does the water currently drain to the canal next to the Sawgrass Expressway?
Mr.
Craven responded no. What is the name of
the road accessing your community?
Ms.
Thomas responded
Mr.
Rosenof stated this is the road parallel to the Sawgrass Expressway.
Mr.
Thomas stated correct.
Mr.
Craven stated the water drains to the swale on the north side going through
small pipes underneath the road. The
pipe crushed by the Turnpike Authority provides the drainage. There is no internal drainage
or backyard swales.
Mr.
Rosenof stated if those pipes perform according to the design, they will still
have a problem with their drainage because their swales are not on the north
side.
Mr.
Craven stated correct.
Mr.
Rosenof stated therefore, no matter what we do within our District and our
drainage system, we are not going to help them.
Mr.
Craven stated no.
Mr.
Barnes asked what districts are they surrounded by?
Mr.
Craven responded NSID, Sunshine and Pine Tree.
Ms.
Bertolami stated someone asked why the county did not put in any drainage
swales. When the county installed the
drainage swales on the north side of the Sawgrass Expressway, the property
owners were offered a deal.
Ms.
Thomas stated they never offered it to us.
They told us we did not need it because we had the canal. This was before the Sawgrass Expressway came
through.
Mr.
Rosenof stated the only way to resolve this matter is to add swales south of
the Sawgrass Expressway and have the residents pay for it through a special assessment.
Mr.
Thomas stated we just need a swale at the end of 79th. Then the water will go into the NSID canal.
Mr.
Craven stated we cannot do that.
Ms.
Thomas stated the water does not have to go into the canal but sit in the swale
until it evaporates.
Mr.
Thomas stated Mr. Craven suggested building a swale running north to
Ms.
Thomas stated everything in my backyard is built up. They said it is too late. Something should have been done before the
lots were built.
Mr.
Thomas responded if you are going to assess us an extra $50, I understand you
need this for the reserve. However, what
has been done with the other $145 throughout the years when you took our money
and never did anything? I do not mind
helping to restore the everglades or keep
Mr.
Longo stated it appears to me we have a bigger problem. It sounds like the districts cannot work
together to resolve issues. This is a
political problem and logistics problem.
If you want to do something for the residents, you need to start working
with the other districts to get these problems resolved. You should create a special board to work
with all of the other districts to resolve these problems. I was appalled when I read the article in the
newspaper seven years ago and here we are with the same issue. Nothing was done because the districts could
not work together. You have a bigger
problem than drainage.
Ms.
Thomas stated they should take us out of the Pine Tree WCD and move us into
NSID. Many residents said they wanted to
be annexed into the City of
Mr.
Goscicki stated I am going to find out whether it is advantageous or feasible
to put the area into NSID or have an Interlocal Agreement to move water into
NSID. Amending the District boundaries
is not an easy thing to do. It literally
requires approval by the State Legislature to change the boundaries. Keep in mind, you are saying, “Let’s move you
into this district so we can put infrastructure in to drain your
property”. Someone is going to have to
come up with the money, which is probably going to be a special assessment
against your property to put in the infrastructure only benefiting this
property. Therefore, you will be paying
an additional assessment over the regular assessment to make this happen. If this is the solution, from what I am
hearing, we have a problem with 40 acres getting landlocked due to the Sawgrass
Expressway. Getting
out of this situation, will require some investment on those property owners to
make this happen.
Mr.
Longo stated they should have budgeted to resolve surrounding area problems,
not just walk away from them.
Mr.
Goscicki stated we have no control over the Sawgrass Expressway Authority. This is something we can look at. I am the manager for both districts and this is
something I can take back to the NSID Board to see if there is any interest. First I need to speak to the engineers and
field staff to see what this means and how this will work.
Ms.
Klahr stated even if everyone looks at all the options and comes up with a
viable solution and we put a bill in front of the legislation in the next
session, this cannot happen until March 2008.
In addition, annexations/de-annexations have
been rejected in the past few years. All
we can do is try.
Mr.
Rosenof stated if the drainage is south, this is probably the most logical
solution. Let’s look at both of these
options.
Mr.
Goscicki stated we will first look at the feasibility.
Mr.
Rosenof stated all this will allow them to do is to flow the drainage to the
pond, unless you put a swale between the properties. It is not going to be a permanent solution.
Ms.
Klahr stated the water is in back of the yards and not the front.
Mr.
Rosenof stated I understand but if there is a barn in the backyard, you cannot
put a swale between properties. We can
put a swale in the front or a culvert under the driveway.
Ms.
Thomas stated the guy next door did this but it did not work.
Mr.
Goscicki stated we will talk with the NSID Board, look at the feasibility of
the situation and get back with you.
Mr.
Brewer asked can we have something by the next meeting?
Mr.
Goscicki responded no.
Mr.
Longo asked can we get a status report at the next meeting as to the progress
you have made?
Mr.
Goscicki responded yes but the status might be we asked staff to look into this
matter and they are looking at all the alternatives. NSID does not meet for another two
weeks. Their Board can say they do not
want to deal with it. Many issues need
to be laid out before this can proceed.
In the meantime, you can certainly call me.
Mr.
Thomas stated the residents on the north side had trash thrown into their
swales.
Mr.
Rosenof stated I have the exact same problem.
Mr.
Thomas stated I like Mr. Longo’s suggestion of getting both boards
together. I do not know why they took
away the “pump house” canal, which ran all the way to State Road 7. There used to be a pump, which I helped a
commissioner maintain.
Mr.
Frederick stated you currently do not have a pump. All you have is a gate.
Mr.
Rosenof stated the decision on the budget comes down to how much reserve we
want to have, whether or not we want to bother the residents if there was a
hurricane and whether or not we want to assess the residents or build up
reserves.
Mr.
Cecil Lander stated I live on
Ms.
Bertolami stated correct.
Mr.
Lander stated last year my assessment was $80.81 and it is now $160, which is a
445% increase. I totally object to
it.
Mr.
Rosenof asked what size is your lot?
Mr.
Lander responded less than half an acre.
Mr.
Rosenof stated you will not get billed for the total $160. You will only get billed for $40.
Mr.
Lander stated the letter I received said my assessment will be $195.
Mr.
Rosenof stated this is per acre. Since
you only own quarter of an acre, you will be paying a quarter of the $195.
Mr.
Goscicki stated we could not customize this letter to everyone’s unit.
Mr.
Weissman asked how much did you pay last year?
Mr.
Lander responded $43.81.
Mr.
Weissman stated it will increase by $7.
Mr.
Lander stated the letter was misleading.
Some people thought they were going to get hit with another $195.
Mr.
Weissman stated no.
Mr.
Lander stated the letter also states, “The District operates and maintains the
recreation amenity center”. We do not
have one.
Mr.
Goscicki stated there is a prescribed format to this letter because it has to
meet a number of legal requirements in terms of the language. Unfortunately, since we used this letter for
other districts, some of the language may not be used.
Mr.
Weissman stated I am in favor of the $160.01 assessment, not the $195
assessment. There is no way we can
provide the necessary reserves.
Mr.
Rosenof stated I agree.
Ms.
Bertolami stated I appreciate the comment about not having reserves regardless
of whether we go with the $160.01 or $195 assessment.
On
MOTION by Mr. Weissman seconded by Ms. Bertolami with all in favor the budget
with the assessment increase of $160.01 was approved.
The
record will reflect Mr. Weissman left the meeting.
Mr.
Goscicki stated at this time, we need a motion for the adoption of Resolution
2007-5, which by title is:
“A RESOLUTION ADOPTING THE FINAL BUDGET
OF THE PINE TREE WATER CONTROL DISTRICT FOR FISCAL YEAR 2008”
Mr.
Rosenof stated the Mayor of the City of
On
MOTION by Ms. Bertolami seconded by Mr. Brewer with all in favor Resolution
2007-5 as stated above was adopted.
Ms.
Klahr stated the next resolution is Resolution 2007-6. The first blank in this resolution is the
assessment of $160.01.
On
MOTION by Mr. Brewer seconded by Ms. Bertolami with all in favor Resolution
2007-6 Levying a Maintenance Assessment for the
Payment of Maintenance Expenses for the Water Management System from the Period
of
FIFTH
ORDER OF BUSINESS Manager’s
Report – Meeting Schedule for Fiscal Year 2008
Mr.
Goscicki stated I have a request for the Board to approve the contract with
Fish Tech for the culvert cleaning. We went
out for bids on this project and received bids from three bidders.
Mr.
Frederick stated this bidder was selected by the Board at the last meeting but
we did not have the contract in place.
Mr.
Goscicki stated we do not need a motion.
We
provided a meeting schedule to the Board for fiscal year 2008. The budget you adopted reflects five meetings
but around the time the budget is adopted, we need to meet more
frequently. I recommend the Board keep
their meeting of
Mr.
Craven stated we can omit the January meeting because it is always a
problem.
Mr.
Rosenof stated we will meet in October, December, February, April, June and
August. We only budgeted for five meetings
so one needs to be omitted. Let’s omit
the August meeting.
Mr.
Goscicki stated this is when you need to adopt the final budget. We will be set the public hearing in June and
adopt it in August. Let’s meet in
October, February, April, June and August.
Ms.
Bertolami asked how about November and February?
Mr.
Rosenof responded good idea.
SIXTH
ORDER OF BUSINESS Attorney’s
Report
Ms.
Klahr stated Mr. Craven contacted me regarding Mr. Butters
property. We sent the letter out. Subsequently, I received a call from Mr.
Craven informing me this is not District property.
Mr.
Rosenof asked who owns the property?
Mr.
Craven responded the 17.5’ easement is owned by the City of
Mr.
Rosenof stated so it is the city’s property.
Mr.
Craven stated no.
Ms.
Klahr stated it is private property with a city easement.
Mr.
Rosenof asked how can we be in control over the ditch if we do not own it?
Ms.
Klahr responded we are not in control over it.
Mr.
Brewer stated Mr. Butter has the same ditch you have in your backyard.
Ms.
Klahr stated this is why we need to identify what the District owns and
controls.
Mr.
Craven asked how did we end up maintaining it?
Mr.
Frederick responded we thought it was ours from day one.
Ms.
Klahr asked are we maintaining the length of the canal or just a piece?
Mr.
Craven responded just a piece, as far as I know.
Ms.
Klahr stated my legal opinion is if it is not yours, do not maintain it. You are operating outside of your
jurisdiction.
Mr.
Rosenof stated stop maintaining it.
Ms.
Klahr stated all the way to Country Acres.
Mr.
Frederick stated it runs all the way to
Mr.
Goscicki stated I will obtain a list of the affected property owners and send
them a letter saying, “By the way we discovered we do not own this property”.
Ms.
Klahr stated we also need to identify what we own and do not own.
Mr.
Frederick stated we will tell them we will no longer pick up their trash. All they use the property for is a dump.
Mr.
Rosenof asked who is liable if something gets thrown in there and someone
else’s house floods?