MINUTES OF MEETING
SUNSHINE
WATER CONTROL DISTRICT
The
regular meeting of the Board of Supervisors of the Sunshine Water Control
District was held on
Present and constituting a quorum
were:
Mary Macomber Vice President
Phil Sobers Secretary
Also present were:
John Petty Manager
Brian Cranmer Attorney
Cory Selchan Field
Superintendent
Tara-Lynn Patton WCI
Communites, Inc.
Brian DeGirolmo 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 July 13, 2005 Meeting
Mr. Petty stated each Board member received a copy of the
minutes of the
Mr.
Cranmer stated I did not make the first statement under the third order of
business.
Mr.
Petty stated Mr. Moore made the comment.
On MOTION by Ms. Macomber seconded by Mr. Sobers with all in
favor the minutes of the
THIRD
ORDER OF BUSINESS Consideration
of Resolutions
A.
2005-8 Rescinding 2005-5 and Designating Janice Moen Larned as Treasurer
and Edward Goscicki as Assistant Treasurer
There
being no questions or comments,
On MOTION by Ms. Macomber seconded by Mr. Sobers with all in
favor Resolution 2005-8 rescinding 2005-5 and designating Ms. Larned as
Treasurer and Mr. Goscicki as Assistant Treasurer was adopted.
B. 2005-9 Designating John Petty and Jean M.
Rugg as Assistant Secretaries
There
being no questions or comments,
On MOTION by Ms. Macomber seconded by Mr. Sobers with all in
favor Resolution 2005-9 designating Mr. Petty and Ms. Rugg as Assistant
Secretaries was adopted.
C. 2005-10 Designating Bruce Cranmer as
Registered Agent and His Office as the Registered Office
There being no questions or comments,
On MOTION by Ms. Macomber seconded by Mr. Sobers with all in
favor Resolution 2005-10 designating Mr. Cranmer as registered agent and his
office as the registered office was adopted.
FOURTH ORDER OF BUSINESS Staff Reports
A. Attorney
Mr. Cranmer stated there is a lawsuit pending regarding the
construction of the Dr. Brakes facility on
Mr.
Petty stated the documents were going at the time the letter was sent. They were going to the judge asking for the
contest order. There had already been
documents fully transferred at the time.
Mr.
Cranmer stated I wrote a letter to Mr. Gilbert indicating we are ready to
cooperate. There were defects in his
procedures. It takes time to assemble
everything.
Ms.
Macomber asked who was the registered agent?
Mr.
Cranmer responded they did not serve the right person in the office. If the attorney took the time to research, he
could have served me. I was not
officially the registered agent, but I thought I was since 1993.
B.
Engineer
Mr.
DaSilva stated we are looking for conceptual approval for the existing Coral
Springs Country Club. There is an area
owned by the District. They want to get
an easement in order to build a parking area.
Ms.
Patton stated I am with WCI Communities, Inc.
We are working with Mr. Rahael who has done The Walk on
There
is a 31,000 square foot clubhouse, parking and a tennis court. We are looking at taking the 9 acre clubhouse
site and converting it by adding additional tennis courts as well as
rearranging the parking. We are going to
renovate the clubhouse and make it 22,000 square feet. We are also proposing a series of mid rise
condominium buildings. The petitioner is
the Coral Springs Country Club. WCI
Communities is acting as their agent. In
order to do this project we have to petition the City of
Ms.
Macomber asked are these going to be high-end units?
Ms.
Patton responded they are going to be high-end units. We anticipate starting around the $700,000
range. We are also renovating the golf
course.
Ms.
Macomber asked what is currently on the site where the condominiums will go?
Ms.
Patton responded the parking lot. The
Sunshine Water Control District owns the canal.
We are asking to culvert this area in order to allow for parking area as
well as landscape area. The City of
Mr.
Cranmer stated we had a similar proposal with regard to the large building on
the corner of
Mr.
Sobers asked will the parking lot benefit the current members of the golf
course or will it benefit the units you are proposing to build?
Ms.
Patton responded the parking is for the clubhouse, the golf course and everyone
will share the parking. The buildings
will have underground parking where we anticipate the residents will park. We will do a shared parking calculation for
everyone.
Mr.
Sober asked what is the minimum parking space you estimate needing?
Mr.
DeGirolmo responded in conformance to the City of Coral Springs standards, the
parking spaces are 9’ by 18’. The
existing ditch is a dead end. It serves
to pick up the drainage coming off of the golf course property. Our proposal is to fill it in. A culvert connection will be maintained so
the drainage connection is still in place to serve the golf course. We will become responsible for maintaining
the hydraulic connection once this is filled in.
Mr.
Sobers stated if we do not deed it over, the alternative is for you to lease it
from us.
Mr.
Cranmer stated in the past we have given them an easement with standard
language. They did the library and the
lift station like that.
Ms.
Mancomber asked will the owners of the condominiums become members of the club?
Ms.
Patton responded yes.
Mr.
Macomber asked at what stage are you?
Ms.
Patton responded we are at the city for the rezoning. It will go before the city commission on
Ms.
Macomber asked are they mandating we approve this?
Ms.
Patton responded they are asking for the District to give us authority to
proceed because it is your land. We
either need your signature on an application or a letter of approval that you
consent with us going forward.
Mr.
Sobers asked how will an easement facilitate your needs?
Ms.
Patton responded an easement is a good alternative; however, it will not be our property line when the
city measures setbacks. By you
consenting with us, the city will make the interpretation that the property
line is the end of the canal. That is my
only hesitation and we may be able to work it out with staff.
Mr.
Sobers asked how much easement do we need to navigate our work?
Mr.
DaSilva responded the easement only serves the golf course. I do not have a problem if they culvert
it. It does not connect anywhere.
Ms.
Patton stated this is a 10,000 square foot area. We are not recommending the entire drainage
canal.
Mr.
DeGirolmo stated this is not the most desirable from a maintenance standpoint
because of the accumulation of debris.
The culvert will be a better alternative.
Mr.
Sobers asked what is your take on this?
Mr.
DaSilva responded it will alleviate the maintenance for the area.
Mr.
Sobers stated it is an impediment to us.
Ms.
Macomber stated I am concerned with setting a precedent. There needs to be consideration involved.
Mr.
Petty stated they are going to ask you for conceptual approval of two things:
to be a co-applicant or transfer property.
The District is saying they cannot do either one. They offered the possibility of doing an
easement over the area. They will have
to take it back to the city and then bring it back to us. You are setting a precedent. This is an area of land the District owns and
you have stakeholders in. It is an issue
you need to look at. These are going to
be the users of the Sunshine Water Control District. If the pipes clog, we are going to be
accountable.
Ms.
Macomber stated I am concerned about the judiciary relationship of the
Supervisors maintaining the assets of the District.
Mr.
Petty stated we can offer them the possibility of an easement. As for the application for title or being a
co-applicant, the District cannot do either.
Ms.
Patton stated the city will pull our application.
Mr.
Petty stated I hope you take the idea of an easement to them for consideration.
Mr.
Cranmer stated our job is to facilitate drainage. We have the drainage in. Why will the city pull your application?
Ms.
Patton responded they instructed me they need consent because this area is
being included as part of the land use application. The city’s position is if we are utilizing
this area as part of the site, we need the owner to consent.
Mr.
Cranmer asked if we consent in writing and we have an agreeable easement with
responsibilities, why do we have to be a co-applicant?
Ms.
Patton responded that will be sufficient.
They prefer for the District to be a co-applicant. Something in writing from the District
agreeing to go forward is also acceptable.
Mr.
Cranmer stated we retain ownership of the easement. They have the right to park over it.
Mr.
Sobers stated it is ultimately our responsibility.
Mr.
Petty stated the engineer has to have approval of all facilities placed
underneath.
Mr.
DaSilva stated this is why we are asking for conceptual approval.
Mr.
Cranmer stated we maintain ownership and control.
Mr.
Petty stated the pipes will be inspected at the same time our pipes are
inspected. They need our policy on
easements. You do not need to vote on a
concept approval. Give them the easement
as status that we are willing to talk more.
Mr.
Cranmer stated we are willing to consider the prospect of an easement as long
as we maintain certain control.
Mr.
DaSilva stated it still has to go through me for full review.
Ms.
Macomber stated we want our customary conditions including the indemnification.
Mr.
Sobers stated I am sensitive to the fact you have to appear in front of the
city commission with consent.
Ms.
Patton stated I request something in writing stating you acknowledge we are
going through the drainage process and you consent to this parcel being subject
to it.
Mr.
Cranmer stated we are consenting to discuss the matter further providing it
only involves us giving the easement.
The city will know they are not wasting their time.
Ms.
Macomber asked do we need a vote?
Mr.
Cranmer responded no, but I will bring this up for your consideration. The city is looking for setback which has to
do with the transfer of title. Our
ability to provide an easement does not give them the mechanism they need for a
setback at which case is a dead issue.
Ms.
Patton stated we will have to go back to the city and regroup in terms of what
we need to do.
Mr.
Petty stated if you can get them to interpret the easement in your favor and it
fits our policy, the Board is willing to cooperate.
Mr.
Cranmer stated this is a unique situation, but the door is open.
Mr.
Sobers asked when is your projected opening date?
Ms.
Patton responded it will take a year and a half to go through the approval
process with the city as well as the county.
I project the groundbreaking to be in 2008.
Ms.
Macomber asked do we have any issues with South Florida Water Management
District?
Mr.
Cranmer responded you will have to get a permit.
Ms.
Macomber stated we will make ours subject to that area.
Ms.
Patton stated we put in a letter of intent for Broken Woods.
Ms.
Macomber asked to do what?
Ms.
Patton responded to buy the parcel. We
did not look at any development plan.
Ms.
Macomber stated the deed restriction expires in 2011.
Ms. Patton
stated I believe it has been sold to someone.
C.
Superintendent
Mr. Petty stated I am being offered by Severn Trent as a
consideration by the Board to be your superintendent. I have been with special districts for more
than 23 years. I started out in
Ms.
Macomber stated we are glad to have you.
Mr.
Sobers stated you are articulate and have qualified credentials as well as
experience.
Ms.
Macomber asked where does Ms. Larned fit in?
Mr.
Petty responded she is new and is a financial expert.
Ms.
Macomber stated I am impressed with her credentials.
Mr.
Petty stated she is here to focus on the financial aspect with her expertise.
Ms.
Macomber stated welcome aboard. We are
glad to have you and I am delighted with Ms. Larned’s resume.
Mr.
Sobers asked will we have an opportunity to meet her?
Mr.
Petty responded I will be glad to bring her to the next meeting providing the
schedules match.
FIFTH
ORDER OF BUSINESS Supervisor’s
Requests and Audience Comments
Ms. Macomber asked where are we with the FEMA reimbursement?
Mr.
Petty responded I will defer the question to Mr. Selchan.
Mr.
Selchan stated the matter is in appeal with FEMA. They decided to review this further because
their field staff never instructed us to go to any other federal government
entity. We handed our paperwork to them
over a long time period. They never
instructed us to go anywhere else. Our
staff was unaware of the process they wanted us to follow. I have not heard anything from the appeal
other than it is being reviewed.
Mr.
Sobers asked do we know in what part of the country this appeal is being
handled?
Mr.
Selchan responded I believe the personnel reviewing it is in
Mr.
Petty stated there is a
Mr.
Sobers stated it will be helpful for us to identify the location of where the
claim is being processed and as of what date certain status has been
established. In light of what is
happening with FEMA I feel our application is in one of three boxes: the will
get to box, looking into box and the too hard box. We need to establish which box our
application is in.
Mr.
Selchan stated Mr. Rick Morton is handling our claim. We will get him on this and get the
information available.
Mr.
Petty stated we want to trace every part of the application. We want to tell FEMA the cost of the
application process is something we hold to be a concern. We are appealing the process because we have
committed a great deal of resources in the application. To begin again is a cost and a burden to the
taxpayer.
Mr.
Sobers stated I recommend we send any future correspondence to FEMA by registered
mail or Federal Express. This will show
chain of custody and who received it.
Mr.
Selchan stated our first phase of the box-cut gas station and the
Mr.
Sobers stated it is visibly noticeable.
Mr.
Selchan stated it looks excellent.
Ms.
Macomber stated we have to get the city to follow up.
Mr.
Selchan stated we have a written document saying they will do so. They are committed to keeping it the way it
looks now.
SIXTH
ORDER OF BUSINESS Approval
of Warrants 8716-8741
There being no questions or comments
from the Board,
On MOTION by Ms. Macomber seconded by Mr. Sobers with all in
favor warrants 8716-8741 were approved.
Mr.
Selchan stated we did not pay the total amount for warrant 8731. The amount we paid was $50,000.
Ms.
Macomber asked who paid the rest?
Mr.
Selchan responded the city.
Ms.
Macomber stated warrant 8731 should be deleted.
On MOTION by Ms. Macomber seconded by Mr. Sobers with all in
favor warrants 8716-8741 were approved as amended.
SEVENTH ORDER OF BUSINESS Adjournment
There
being no further business,
On MOTION by Ms. Macomber seconded by Mr. Sobers with all in
favor the meeting was adjourned.
Philip J. Sobers Mary Macomber
Secretary Vice President