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:
Russell Parks President
Mary Macomber Vice President
Phillip J. Sobers Secretary
Also present were:
John Petty Manager
Bruce Cranmer Attorney
Cedo DaSilva CH2M-Hill
Janice Moen Larned
Several Residents
Mr.
Petty called the meeting to order and called the roll.
SECOND ORDER OF BUSINESS Approval of the Minutes of
the January 10, 2007 Meeting
Mr. Petty stated each Board member
received a copy of the
There not being any,
On MOTION by Ms. Macomber seconded by Mr.
Sobers with all in favor the minutes of the
FIFTH ORDER OF
BUSINESS Staff
Reports
C. Superintendent
1. Consideration of Tree Policy
Mr. Petty stated since we have some
residents here who are interested in the tree policy, at this time, I request
moving this item up on the agenda.
Mr. Parks stated please proceed.
Mr. Petty stated as discussed at our
last meeting and with residents for several months now, to the best of our
ability, we have been trying to work with the residents on a hurricane
preparedness program of removing what we consider to be harmful trees to the
drainage system during a storm event. We
discussed in the past about how we will disburse our first draft. One option was to put the policy on door
hangers to residents abutting the canal affected by such a tree policy. We gave them time to read it and come to the
meeting to discuss the policy. We have
done this. The policy calls for all
nuisance trees to be removed. Nuisance
trees are defined as being on the
We are going after nuisance trees in
the right-of-way for removal in this program.
We will do so by putting a notice on everyone’s door stating when the
contractor will be in the area and directing them to remove any private
property within the right-of-way, which could be damaged during construction
and giving them an opportunity to view the trees our contractor tags with a
yellow notice or ribbon. If the
residents have a concern or request a re-evaluation, they can call the District
office. We are not planning to go after
ornamental trees or onto private property.
We will put the bid specifications out after approval. If we are able to come to this conclusion
after today’s meeting, the specifications will be written based on what is
approved tonight. They will be sent out
and in 30 days, it will be returned to us.
Therefore, we will not be able to approve it at our next meeting but at
the April meeting as long as everyone submitted in compliance with the specifications. This still gets us in there working before
the hurricane season. The intent of
tonight’s meeting is to speak to the resident, get their input and see how long
we responded to discussions held over the last several months.
Mr. Parks stated I welcome all our
guests. If you have any comments, please
address them at this time.
Mr. Richard Muller asked is a Pine
tree considered a nuisance tree?
Mr. Petty responded no. An Australian Pine is considered to be a
nuisance but a Florida Pine or Slash Pine is not.
Mr. Muller asked how can you tell?
Mr. Petty responded the Australian
Pine is distinctive. It grows fairly
tall and makes a whispering sound when the winds go through it. The winds are fairly thin. I believe the City’s Arborist has
identification guides available if you wish to obtain a sample.
Mr. Muller asked can I provide you with
a sample of the branch?
Mr. Petty responded it will be
sufficient. Anyone who has access to the
public library should be able to obtain a picture of an Australian Pine. When we were on-site if the tree is tagged,
this gives you a good indication it is on the list. We will have an Arborist of our own who can
talk with the residents.
Ms. Macomber stated you can call
Community Relations at (954) 344-1005.
Mr. Muller asked are the Australian
Pines being removed?
Mr. Petty responded yes.
Mr. Bob Dawson stated I live in
Ms. Macomber stated it used to be.
Mr. Dawson stated we are talking
about removing trees.
Ms. Macomber stated I agree with you
but the city has developed over time.
Mr. Dawson stated I do not
disagree. After the hurricane, you spent
a great deal of money you might not have to spend if we do not have a
storm. I am not sure how this balances
out. I probably know very little about
recovery after a storm. I hope I get to
keep the tree planted 20’ from the bank.
Thank you!
Mr. Joseph Mayeux stated I live on
Mr. Petty responded you will receive
a door hanger stating when we expect the contractor to be in your area.
Mr. Mayeux asked is this when they
will tag the trees?
Mr. Petty responded all the trees
will be marked before they are cut.
Mr. Mayeux asked will they be
performing this work from a barge?
Mr. Petty responded no. They will be working from the most applicable
platform, whether this be a barge or land based. This is outlined in the notice.
Mr. Mayeux stated when they went out
last time to clear the debris from the canal in my canal, which is
Mr. Petty responded the contract
will be written so we get maximum efficiency from the dollars. As far as erosion control, we are going to
have our engineer and field staff working beside the contractor to minimize the
wake and damage to adjacent property. A
wake is going to happen. We are going to
see some erosion, which we will address separately. Going up and down the canals doing
construction projects like this is going to cause wakes. In places where there is steep bank, a small
wake can slice the sod. We have three
different programs proposed for this summer to address resident concerns
regarding erosion not only for this construction practice but even when we
spray for aquatics. We are looking at
different ways, which we will institute this summer. We are looking at a Geo-sock, which
stabilizes the bank and stops the small wave erosion action. We have a trial structural fix, which our
engineer initiated in our sister district, CSID. It was effective in solving difficult
problems where the canals are 20’ deep or more with a stiff cliff base
underwater. We were able to do a repair
where the engineer was able to hit rock capable of holding it, put in a
structural repair at an angle, backfill with large rip raff rock and rip raff
concrete stacks above it, which made a nice vertical wall. Of course there is always the standard way,
which is backfilling with soil and putting some erosion control in, whether it
be Wedelia or sod. Our engineers and
staff will try to minimize the effect of a barge or any other traffic.
Mr. Mayeux stated putting an
outboard type motor on this barge will cause less of a disturbance than using a
backhoe in the water to propel itself.
Mr. Petty stated the horsepower
could not push the barge once it is loaded.
A contractor in a sister district had an engine on his barge and another
used the pull along method. Our
specifications are such we leave it to the contractor to get the best use of
his experience but we will try to minimize erosion.
Mr. Mayeux asked can we stop using
one canal to empty out the entire area?
Mr. Petty responded I do not know if
the District wants to get into a policy where it restricts usage on any
canal. I understand we should not put at
stress one neighborhood against another.
Of course, the District reserves the right to do maintenance on its
canals for the best interest of the system.
Mr. Mayeux stated when they cleaned
out the area on
Mr. Petty stated I agree. No neighborhood should be put at risk because
of someone else’s benefit down the road.
We will try to be as even handed as possible in the construction.
Mr. Gary Runge stated I live on
Mr. Petty responded we have no
intention of going after any non-nuisance species, bushes, shrubs or
trees. We are not going to be on the
lake bank in your area. We will have to
go by barge because your lake banks are too steep. The only way a shrub is going to be in the
way is if it is in an area where I need large equipment. In your particular case, there will be no
land base equipment.
Mr. Runge stated if I had nuisance
trees, you could not guarantee anything.
Mr. Petty stated correct. If it is not on the list, I am not going
after it. I do not know of a nuisance
shrub list and I am not interested. I am
only concerned about hurricane preparedness and shrubs do not cause us any
concern.
Mr. Runge stated nor does the set
back from the water. This was discussed
in October. You said you needed some
room next to the water. My Bamboos are
planted next to the water.
Mr. Petty stated this contract did
not include clearing of shrubs or Bamboo.
It is for the clearing of nuisance species and trees, which may fall
into the water in a storm event. The
rest is not material.
Mr. Rung stated this is what I want
to hear. You have people out on these
canals. I want to see them remove boats
sunk in the water out of those canals. I
saw two sunken boats within two blocks of my house or closer. These boats should be removed as they are an
eyesore and a hazard as well.
Mr. Petty stated I will mention it
to our staff.
Mr. David Hume stated I live in the
Dells. Many residents are concerned
about structures close to the right-of-way such as decks and fences. As long as your crews have access to the
nuisance species in a reasonable way, my understanding is they are going to be
left alone. However, you have the right
to remove anything, even if it is a foot into the right-of-way. The issue is to remove the trees posing a
concern for future hurricanes. I want to
get some clarification on this particular issue.
Mr. Petty stated what we have told
the residents calling with this issue is if you have private property within
the right-of-way, it is in your best interest to move it back. This includes structures and fences. It is not our intention to clear any fences
but if the fence is in the way, it will be removed. I do not wish to modify the District’s
position of no structures being allowed in the right-of-way of the Sunshine WCD
but we are not going out specifically for this reason.
Mr. Hume stated most of the nuisance
trees on my property are Florida Holly.
I intend to remove them myself so when the crews come by they will see
there are no nuisance trees and will move to the next house. I offer this as a suggestion for the
gentleman who had the Bamboo. If you
have nuisance species in the middle of your Bamboo or other things you are
trying to preserve, remove it yourself and when the crews come, if you have
nothing, this will take care of the situation in a reasonable way.
Ms. Macomber stated good idea.
Mr. Petty stated Mr. Rubinov from
the
Mr. Paul Carpenter stated I live in
Mr. Petty responded the contract is
to cut it off flush with the ground or near flush. We treat the stump so it will not grow back. We use an effective treatment. Our concern is if we go after the root balls,
not only will we incur additional costs but we will destabilize the bank. Our intention is to cut it flush and treat it
so it does not grow back.
Mr. Carpenter asked when you tag the
tree; will there will be enough time for the homeowner to remove the tree
themselves?
Mr. Petty responded yes. Our intention is to give them a week’s notice
but I cannot guarantee it. I will have
to get the residents to sign a form saying they saw the tags. Within this week notice period, they can
contact the District office to request a special exemption. One gentleman talked about a large tree 20’
from the water’s edge. There are a few
trees far enough away out of the water management facility to not pose a
problem and we were able to give them an exemption.
Mr. Carpenter asked once this
clearing is done, if in the future these non-nuisance trees falls into the canal
will the homeowner be charged for the clean up or will the District?
Mr. Petty responded good
question. In the past, the wording on
the ordinance and the intent of the District was such if you had something
planted in the District’s right-of-way, which caused harm and the District had
to expend money, the homeowner was at risk for being charged. After Hurricane Wilma, we had to come up with
distinctive policies or a plan of action, which is what we are doing now. The remaining trees represent less than 15%
of the total trees we had before Wilma.
Half of the trees were taken down by the storm and the nuisance trees
constitute the remaining 35%. We do not
believe the ornamentals pose a serious threat to the drainage system at this
time. Therefore, I do not believe any
such action is appropriate to be discussed at this time but I cannot say what
the future holds.
Mr. Mark Scofield stated I have been
a
Mr. Petty stated it is not a
nuisance tree but it is costly tree to plant.
At past meetings we spoke about how Palm trees do not pose a
threat. Most Palm trees have a fine structure
holding them in the ground fairly well with a few exceptions, the Queen Palm
being one of them. Unless there is a
cluster of Queen Palm trees, it does not pose a threat to a drainage system.
Mr. Scofield stated the tree
pictured on the door hanger was a Pine tree.
This is what my concern was about.
Mr. Petty stated it was intended to
show what could happen with a Pine tree.
Mr. Parks asked did you plant them
by seed?
Mr. Scofield responded they were
blades of ground.
Ms. Macomber stated they are
gorgeous. How old are they?
Mr. Scofield responded almost 15 years
old.
Mr. Petty stated Mr. Scofield
provided us pictures of six Royal Palm trees treated within 10’ of the water.
Mr. Scofield stated it is within
10.4’. There is steep ground. I believe the root ball holds everything.
Mr. Petty stated it is well
maintained, which is keeping the lake bank slope fairly stable. His lake bank does not have any signs of
erosion, probably because of good maintenance.
Mr. Scofield stated during the storm
when I lost my screen enclosure and sliding glass doors, those trees were like
concrete pillers. We heard an
independent Arborist say certain Palm trees have good root structure but not
all Palm trees. There are several
thousand varieties and a few who does not have such a structure. We are not planning to go after any Palm
trees.
Mr. Sobers stated I wish to revisit
the question by Mr. Carpenter who was concerned about the tag time. I believe you were told the tag time will be
seven days. What do the residents
consider to be a reasonable tag time? Is
the tag time seven consecutive days or seven business days? Seven consecutive only includes five business
days. If it is tagged on Monday, will the
tree be removed the following Monday?
Mr. Petty responded staff is open to
suggestions.
Mr. Mitch Chapman stated I live on
Mr. Petty responded when we go out
and do the survey, our engineers will tell us where our right-of-way begins. They are going to be measuring from the
center of the road backwards. This will
give us our right-of-way lane. The
policy as recommended by your manager is if there is a tree on our property, we
cannot remove the tree without damaging private property. We do not need to remove all the trees. We are only trying to minimize the hurricane
damage and make it a reasonable response.
Mr. Chapman stated the last time you
cleared the waterways they treated the sprinkler system irrigation like it was a
pinball machine. I understand this is
still my property but they hit 30 to 40 sprinklers on this canal bank.
Mr. Petty stated we hit hundreds of
sprinklers. This is a real issue. We are a flood control District and do not
give permits for irrigation systems. We
know you need to water your yards and it is a good use, however this is why the
door hanger says, “If you have private property in the right-of-way call us.” When you have a pipe going out there, cut the
pipe.
Mr. Chapman stated my pipe goes
straight down into the water.
Mr. Petty stated there is very
little I can do. Staff is trying to find
an engineering standard so we can minimize this in future construction
projects.
Mr. Chapman stated my wife and I
have lived in
Ms. Macomber stated you should have
been here 25 years ago when we moved here with our kids to start a family.
Mr. Chapman stated I lived in
Mr. Petty stated good point. We discussed it and the Board members and
staff share your sentiments. We are not
trying to ruin the area. Our first
reaction was a knee jerk reaction after Hurricane Wilma and our first policy
was to clear the trees. However, after
the residents came out and spoke to us, we have been able to calm down and this
reasonableness seems to serve our purpose.
We are not planning to remove all the trees.
If there are any questions from the
supervisors, it will be appropriate to take them at this time. I believe you have a standing issue
concerning notification of the tagged trees.
I believe this is a valid point. Seven
days is completely arbitrary. However, a
10 or 14 day time frame is certainly reasonable.
Ms. Macomber stated I agree.
Mr. Sobers asked 10 consecutive days
or 10 business days?
Mr. Petty responded 10 days minimum
with a maximum of 14 days.
A resident asked will you have an emergency
injunction procedure?
Mr. Petty responded there is a
procedure in place, which we discussed in the past. The trees are tagged and we are talking about
10 days notice by design. We have
customer service available to us five days a week with the exception of
holidays to get further information.
They can contact my office if they are looking for an exception to this
issue. I go out into the field to see if
it is reasonable to leave the tree. If
it is reasonable, it is my intent to allow it.
If it is not reasonable to leave the tree as it is too close to the
water or a possible threat to drainage, I will explain it to the resident. This is our intended policy.
Ms. Macomber stated we appreciate
the residents who came out here today to assist with us with this matter. Thanks for coming.
Mr. Petty stated at this time, it
will be appropriate to consider adoption of the specifications for the
hurricane preparation and tree removal program subject to the changes
mentioned, involving the intent to have 10 consecutive days notice between the
tagging of the trees and construction crew removal.
On MOTION by Mr. Parks seconded by Mr.
Sobers with all in favor the specifications for hurricane preparation and tree
removal program involving 10 consecutive days notice between tagging of the
nuisance trees and construction crew removal was approved, subject to the above
changes.
THIRD ORDER OF
BUSINESS Consideration
of Contract for Purchase of Light Trucks
Mr. Petty stated staff bid out the
trucks we use for water management maintenance.
The Ford service response has been such that the other two contractors
stopped responding. The current bid is
less than the approved statement. We are
not asking for approval on the Explorer, just on the F150.
On MOTION by Ms. Macomber seconded by Mr.
Sobers with all in favor the contract for the purchase of a 2000 Ford F150 4x4
was awarded to Plantation Ford in the amount of $19,368.15.
FOURTH ORDER OF BUSINESS Consideration of Permit
Requests
A. ASE Telecom for Canal Permit for Broward
County Library
Mr. Petty asked has the engineer
reviewed this permit and recommends approval?
Mr. DaSilva responded yes.
On MOTION by Ms. Macomber seconded by Mr.
Sobers with all in favor the permit request from ASE Telecom for Canal Permit for Broward County Library was approved,
subject to the stipulations provided by the engineer.
B. RPS
Properties, LLC – Royal Palm Square Office Building for Discharge into SWCD
Canal L
Ms. Macomber stated I noticed the
engineer had exceptions to this permit.
Mr. DaSilva stated the contractor
was using headwalls on the driveway, which we do not allow. They are making the corrections and we will
re-issue the letter without the exceptions. In the meantime, the Board can approve the
permit without the exceptions.
On MOTION by Ms. Macomber seconded by Mr.
Sobers with all in favor the permit request from RPS Properties, LLC – Royal Palm Square Office Building for Discharge
into SWCD Canal L was approved, subject to the stipulations provided by
the engineer.
C. Sun-Tech
Engineering – Sawgrass Central for Surface Water Management System Discharging
to Existing Canal
Ms. Macomber asked is there also an
exception on this permit?
Mr. DaSilva responded we received
the corrected plans and re-issued the letter.
The revised letter did not make the agenda package.
Mr. Petty stated we are asking for
approval subject to the engineer’s review and comment.
On MOTION by Ms. Macomber seconded by Mr.
Sobers with all in favor the permit request from Sun-Tech Engineering – Sawgrass Central for Surface Water Management
System Discharging to Existing Canal was approved, subject to the
stipulations provided by the engineer.
FIFTH ORDER OF
BUSINESS Staff
Reports
A. Attorney
Mr. Cranmer stated I received a
letter from Mr. Jared Mathias, at the Property Appraiser’s Office. March 1st is the deadline for us
to confirm our folios in order to maintain our exemptions since governments are
non-profits.
The City of Margate has a public
hearing scheduled for February 21, 2007 at 5:30 p.m. in their municipal
building regarding a sign waiver. The
sign is on Sample Road at the shopping center on 83rd. They have a non-conforming sign deviating
from the sign plat. They assume we may
have an interest in it.
Ms. Brenda Schurz called and asked
me about the abandonments. You can
abandon by a Quit Claim. If it is a
continuous run, typically you are abandoning in favor of all adjoining parcels. We have many situations in this town where
alleys were abandoned, which became part of someone’s backyard. They did not know and still do not know until
someone surveys it. There were many abandonment’s
on 94th Avenue, east of University Drive. When they prepared the plan for the city,
they did not know what they were going to need and reserved all those
streets. Then when they abandoned them,
they made it a continuous run. It
automatically accrues to these adjoining ones.
Mr. Petty stated the commercial
piece has an alley on both sides. I
believe the commercial element was expected to go deeper. They probably reserved to the next lot and
block section.
Mr. Cranmer stated if you have an
easement in a homeowner’s yard, they have fee simple to it. We can do a Quit Claim Deed, attaching the
legal description of what we are abandoning, stating we are quit claiming or
releasing and abandoning the following described easement. We describe where the easement was
found. If it is too complicated, we
attach a sketch or survey showing where the property is located.
Ms. Macomber asked why would you
want to do this?
Mr. Petty responded we normally
would not. I have seen old easements
where we abandoned two parcels because they are not part of our system. Anything existing we are utilizing we will
not abandon. These came to us because we
were the drainage District.
Mr. Cranmer stated in the 1990’s we
abandoned some easements in and around Broken Woods Country Club. At the time, the owner was preparing for the
future re-zoning. I did not receive the
attachments to the email from Ms. Schurz.
Mr. Petty sent me information on the
Florida Pension Plan. Special Districts
are included and membership is required.
I have no problem with your resolution.
I simply request you provide everyone who is eligible a copy of the
summary. The critical item is to get the
folios to the county by March 1st.
Mr. Petty stated we already
submitted the folios to the county. We
provided a copy to you in case you had any comments. The county was interested in whether we were
leasing any of this land for profit.
Mr. Cranmer stated they wanted to
know whether the cell phone towers were owned or leased.
Mr. Petty stated we do not have any
leases.
Mr. Cranmer stated they attached a
list of folios and requested we sign the bottom. I think this is something we do every year.
Mr. Petty stated it just started
this year. They make it appear this is
something occurring all the time.
Property Appraisers around the state are starting to create work for government
agencies. The issue driving this is Port
Everglades had a case where they were leasing warehouse space to a private
enterprise and still claiming tax exempt status. Because of this they are checking all folio
numbers.
B. Engineer
Mr. Petty stated it is our intent to
have the specifications drawn up around what we discussed tonight within seven
to ten days. The bid will be ready for
the Board’s approval at the April meeting.
CH2M-Hill has been utilized for doing this work and Mr. McKune is
working with CH2M-Hill. I just wanted to
make sure CH2M-Hill knew it was committed to doing a bid specification.
Mr. McKune stated they know.
C. Superintendent
1. Consideration of Tree Policy
This item was discussed earlier in
the meeting.
2. Drainage System Study Update
Mr. Petty stated our sister
district, CSID completed their hydrologic drainage system study. The found some low spots associated with the
Sunshine east outfall canal. At one
time, there was a berm traveling the entire length and as homes were built, the
berm was removed. Now you are built out. The elevation is there but it moved. They found a couple of low spots in the
streets and are evaluating what this will mean to them if Sunshine water flowed
into CSID. Sunshine is concerned about
the berm on the Margate side of the canal.
It is supposed to stop their water from coming into our system because
they are higher than us. We recommended
this as one of the projects we want to do this year. We put money into the budget for doing such
projects and asked the engineer to draft a proposal. The engineers told us they are ready to proceed
with this program. We were unable to
bring the presentation back at this meeting but we want the Board to consider
the hydrologic model. The computer
program is considered to be less than $25,000.
The real costs come in when you report on the condition of your drainage
system. To get this information you have
to do a considerable amount of survey work because you are computing elevations
in your canal and at your headwall.
Therein lies most of your cost. Even
though the hydrologic study is well within our capital budget, the survey work
currently for CSID is estimated between $50,000 to $60,000. For your consideration, the cost for the
entire program is $75,000, which we feel is economical extremely beneficial.
Ms. Macomber asked do we have money
in the budget?
Mr. Petty responded yes, for capital
programs. Staff is recommending the
Board consider it. The Board can
consider it tonight at a not to exceed number to get the engineer started
rather than waiting another month. We
want to see the hydrologic model before the next hurricane season. We expect to have a facilitation issue in a
35 year old drainage District. It has
come to a point where we may need to do an accelerated program. Currently we budget a small dollar amount for
cleaning up siltation. We know from our
field experience, we have quite a few issues.
When they do the survey, we suspect they will find issues we will have
to address.
On MOTION by Ms. Macomber seconded by Mr.
Sobers with all in favor the engineer was authorized to prepare a Hydrologic
Drainage Study in an amount not to exceed $25,000.
Mr. Petty stated for the Board’s
benefit, the survey work will be performed by a subcontractor hired by the
engineer. Otherwise, there will have to
be a separate contract.
As we get into these matters and
start handling customer service at a higher level as we take on more projects,
the District becomes more complicated.
Currently you are using the resources of the paternal district, CSID for
many of these issues. It is appropriate
for you to consider additional staff to provide administrative assistance for
Sunshine as we proceed with our projects.
I do not have anything to bring before you for approval. Conceptually as the work gets bigger, we need
to hire more staff. Currently our policy
is to share our staff through CSID and their employees. As we need them, we pay for their use. It is cost recovery only. They also act as the District office and
customer service. In our budget
preparation for this year, if we see this will be needed, we bring it before
you.
SIXTH ORDER OF BUSINESS Supervisor Requests and
Audience Comments
There not being any, the next item
followed.
SEVENTH ORDER OF
BUSINESS Approval of
Financials and Warrants
On MOTION by Ms. Macomber seconded by Mr. Parks
with all in favor the financials and warrants 8939-8958 dated February 14, 2007
in the amount of $64,452.66 were approved.
EIGHTH ORDER OF BUSINESS Adjournment
Mr. Macomber stated staff is doing a
great job. Thank you for helping us
through the tree issue.
There being no further business, the
meeting was adjourned.
John Petty Russell
Parks
Assistant Secretary President
Sunshine Notes for 2/14/07 Meeting
Agenda Item for Next Meeting
1.
Presentation of Hydrologic Drainage System Study