MINUTES OF MEETING

SUNSHINE WATER CONTROL DISTRICT

 

            The regular meeting of the Board of Supervisors of the Sunshine Water Control District was held on Wednesday, March 8, 2006 at 7:00 p.m. at the Commission Chambers, Coral Springs City Hall, 9551 West Sample Road, Coral Springs, Florida.

 

Present and constituting a quorum were:

 

Russell Parks                                                    President

Mary Macomber                                              Vice President

Philip Sobers                                                    Secretary

 

Also present were:

 

John Petty                                                        Manager

Bruce Cranmer                                                 Attorney

Cedo DaSilva                                                   Engineer

            John McKune                                                   Engineer

Cory Selchan                                                    Field Superintendent

Jean Rugg                                                         Severn Trent Services

Paul Brewer                                                     Paul Brewer & Associates

Jeff Weinstein                                                   Channel 10

 

FIRST ORDER OR BUSINESS                              Roll Call

Mr. Petty called the meeting to order and called the roll.

 

SECOND ORDER OF BUSINESS                          Organizational Matters

A.                 Oath of Office of Newly Elected Supervisor

Ms. Rugg being a Notary Public of the State of Florida administered the oath of office to Ms. Macomber, a copy of the signed oath is attached hereto and made a part of the public record.

 

B.                 Election of Officers

            Mr. Petty stated the next item of business is the election of officers. 

 

On MOTION by Ms. Macomber and seconded by Mr. Sobers with all in favor Russell Parks was elected President. 

 

On MOTION by Russell Parks and seconded by Mr. Sobers with all in favor Ms. Macomber was elected Vice President. 

 

On MOTION by Ms. Macomber and seconded by Mr. Parks, with all in favor Philip Sobers was elected Secretary. 

 

On MOTION by Ms. Macomber seconded by Mr. Sobers with all in favor Assistant Secretaries, Treasurer, and Assistant Treasurer structure was retained.

 

 

THIRD ORDER OF BUSINESS                             Approval of Minutes of the January 11, 2006 and February 8, 2006 Meetings

            Mr. Petty stated each Board member received a copy of the minutes of the January 11, 2006 and February 8, 2006 meetings and requested any additions, corrections or deletions.  There not being any,

           

On MOTION by Ms. Macomber seconded by Mr. Sobers with all in favor, the minutes of the January 11, 2006 and February 8, 2006 meetings were approved.

 

 

FOURTH ORDER OF BUSINESS                          Consideration of Permit Requests

A.                 D-Brothers Warehouse, for Surface Water Management Permit on the South Side of Wiles Road and East of NW 124th Avenue

Mr. DaSilva stated D-Brothers Warehouse applied for a surface water management permit for a new warehouse, and I ask the Board to approve the application request with the attached conditions.

 

On MOTION by Ms. Macomber and seconded by Mr. Parks with all in favor D-Brothers Warehouse surface water management permit on the south side of Wiles road and East of NW 144th Avenue was approved subject to the conditions outlined in the CH2M Hill letter dated November 7, 2005.

 

 

B.     Publix Supermarkets, Inc., for Surface Water Management Permit, for a Portion of Parcel C, Coral Springs Country Club West

Mr. DaSilva stated Publix Supermarkets, Inc. applied for a surface water management permit for a portion of parcel C and I recommend approval of the application with the attached special conditions.

 

On MOTION by Mr. Sobers and seconded by Ms. Macomber  with all in favor Publix Supermarkets, Inc. surface water management permit for a portion of parcel C, Coral Springs Country Club West, was approved subject to the conditions outlined in the CH2M Hill letter dated March 3, 2006.

 

 

C.                 School Board of Broward County, for Surface Water Management Permit for 14,572 SF Modular Addition at Coral Springs Elementary

            Mr. DaSilva stated the School Board of Broward County has applied for a surface water management permit for a modular addition at Coral Springs Elementary.  Recommendation is for approval with the attached special conditions.

 

On MOTION by Ms. Macomber and seconded by Mr. Sobers with all in favor the School Board of Broward County surface water management permit for 14,572 SF modular addition at Coral Springs Elementary was approved subject to conditions outlined in the CH2M Hill letter dated March 3, 2006.

 

 

FIFTH ORDER OF BUSINESS                               Staff Reports

A.                 Attorney

Mr. Cranmer stated I had continuing contact with the Margate City Attorney, Mr. Steinfeld.  They scheduled the second Chapter 164 meeting for March 14, 2006 at 7:00 p.m. at the City of Margate. 

Ms. Macomber asked was it properly noticed?

Mr. Petty responded the first meeting we were asked to attend to discuss with the City of Margate the concerns they have over the issue of our east outfall canal.  We had Ms. Rugg check to make sure the proper notices had been given to the public since you are meeting as a quorum and found notices had not been given by the city of Margate, and they said they would reschedule.  The meeting was set for March 14, 2006 and the Board will be called for their availability. 

Mr. Cranmer stated there will not be a full board available for a quorum.  I received a message on his answering machine the day before the city of Margate set the meeting to respond the following day.  I could not reply in their timeframe and received a sarcastic letter the next day from the City Attorney.  He claims he attempted phone calls to my office.  I wrote them a letter stating this was the second time we had poor communications with his office.  The first time he was contacting you directly and leaving me out of the loop entirely.  I was not on the City of Margate’s service list. 

Ms. Macomber stated I find it very unfortunate that it has become with them so acrimonious.

Mr. Cranmer stated we do not have to be there as a quorum, we can send one member.  We are not doing anything legally binding, we are not conducting business, it is a workshop.

            Ms. Macomber asked what about the public notice for it?

            Mr. Cranmer responded they did.  They apologized the first time they screwed up.  I know Ms. Rugg sent to publish the meeting but none of the newspapers could comply.  I let them know we made an effort but the notice was short.  They apologized and rescheduled to March 14th and published it.

Mr. Petty stated let me talk a little bit about the process.  First step between two government entities is to bring staffs together for discussion.  Discussions took place on contract specifications, intent of the District and how we were working with NRCS, our diligence in the matter, and the timing.  The city of Margate, not liking what they heard abruptly called an end to the meeting and sent correspondence saying they would go to step two of the statute.  If staff could not come to an agreement, they would ask the Boards to meet.  Even though it is considered a workshop if we went as a quorum, we might be asked for action.  I recommend we contact the city of Margate to reschedule the meeting for a later date, since two of our members are out of town.  If they refused then we will offer to send Mr. Sobers, Mr. Cranmer and myself. 

Ms. Macomber stated when you met with them as staff you have them an update on where we were.  They do not seem to understand you cannot change the world in a day and a half.  My concern is I certainly do not want to see Mr. Sobers beat up nor either of you.  I also suggest you do not need to take abuse. 

Mr. Petty stated we will go as good neighbors and keep discussions open.  If the meeting becomes too heated or abusive, it will be our response appropriately to leave the meeting.

Mr. Parks stated I was under the impression that both you and Margate’s City Attorney worked out a plan which both parties agreed to, and then they walked out of the meeting. 

            Mr. Cranmer stated we did.

Ms. Macomber stated they walked out of the meeting because of the threatened suit by the city of Margate.  The District was not able to clear the canals earlier.  

Mr. Cranmer stated they did not like the 1992 research.  The Margate City Attorney and I worked out an agreement with to allow them access on District land to pull trees off the town home association, get the nuisance out of the way, and address cost at a later date. At the meeting the Margate City Manager said the city of Margate would not spend a dime for any part of the costs.

Ms. Macomber stated I find it most unfortunate. The district should continue to work in good faith in accordance with statute; however, no one should be “abused” because of their inability to collaborate.

Mr. Cranmer stated Mr. Steinfeld shared some of his legal documents and said was in a quandary because Margate does not have standing for a suit because the land in question belongs to Coral Springs.  Margate does not have standing to enforce any codes.  Mr. Steinfeld thought they might come in under some nuisance factor, but then he might have to enjoin the City.  I took the liberty of sending Mr. Levine, their attorney at the Townhome association, a copy of the Sun-Sentinel article of 1992 to share with the association.  Perhaps some of the people mentioned might still be affiliated with the association.  The townhome association is looking to see some progress.

Mr. Petty stated the contract status for the removal for any downed tree or any tree pushed partially down by the storm within the District area is currently out to bid.  The specifications are very precise, and the engineer who prepared it for us did a good job.  Our timing is very good we are sitting in the number one seat of all drainage districts applying for aid during Hurricane Wilma.  Our engineer is a bit above the curve in his applications.  This is our second effort to comply within NRCS’s existing program which was changed in January.  We have done our due diligence and hope to have the contract bid submittals opened tomorrow afternoon.  We will ask that this meeting be continued to a time and place tomorrow night so we can hear from the engineer of the response, and if an appropriate award to the lowest responsive and responsible bidder was made.  The contract specifications include the District’s right-of-ways and accesses to gain entry to these areas.  The priority is not so much tree removal as it is the canal bank rehabilitation which is extensive.  What the City of Margate and other property owners have raised is will we be removing downed trees on private property.  This contract gives no access rights to anyone to go on private property, including the contractor.  If there is a possibility of a tree removal causing liability to the District, the engineer is empowered by the District to do an evaluation at the site at the time and make a determination.  If it is determined there is a liability present and damage may be caused by the removal of a tree or material then the property owner is to be notified.  The District intends to put door hangers in front of the contractor with a typical question and answer page and a brief description of our timing and contract details ahead of the crew doing the work.  We also have our field people for this District and our sister districts working with us who will be monitoring this and acting as aids working with residents at the construction areas so that anyone with questions can be directed by staff to appropriate contacts within the District.  We will be taking a video and photos of work under progress to comply with NRCS and provide a record if NRCS wants to do an audit any time after the project within five years of the date of the award. 

Mr. Sober asked have priority areas have been identified? 

Mr. Petty responded the priority so far has been the flow way restrictions with a concern that a major rain event in the upcoming rainy season could cause severe local flooding.  The issue of trees which are close to private property are also a concern and we will do our best to satisfy all private property residents who have this issue.

Mr. Cranmer asked if there is a tree hanging over someone’s property who will make the judgment as to whether or not they can cut it down.

Mr. Petty responded the contractor will make the determination, since his performance bond and liability is at risk.  If there is a question, the engineer will be contacted for an evaluation and perhaps work out a plan with the homeowner.

Ms. Macomber asked have you gone out to look?

Mr. Cranmer stated no I have not.  I have been led to believe any trees on roofs were pulled away something ago.

Mr. Petty stated staff has been evaluating areas where debris has fallen and I know of no area where a tree is on top of a living structure.

Mr. Parks stated not on any homes.

Mr. Petty stated during the staff meeting Mr. Cranmer and myself asked in looking at the pictures presented by the city why had they not cut if off of their private property.  We remembered our experience where we had our chain saws out and cut whatever had fallen on our property.  I do not recall getting a response to the question.

Ms. Macomber asked are you talking about the pictures Margate showed you when you were there?

Mr. Cranmer responded yes they were slides. 

Mr. Petty stated certainly the area needs to be cleaned up and I do not mean to diminish it.  We have been making all due effort to do so.  We hope to award the contract as early as tomorrow night and we hope to start work very quickly.

Mr. Petty stated Coral Springs Improvement District contracts were awarded last Tuesday and work should commence tomorrow.

Mr. Parks stated if we did not have the change in January with NRCS it would have been started already.

Mr. Petty stated with our schedule before, we were to have completed Phase 1 by now and on to Phase 2.

Mr. Sobers stated we should attend Margate’s meeting on March 14th

in good faith and explain the reason why other Board members could not attend.

Mr. Cranmer stated if another meeting is needed then with sufficient notice one can be scheduled.

Mr. Petty stated as soon as contracts are awarded the District will share the report with the cities of Coral Springs and Margate when construction will begin, showing the detail of the work to be done.  We have been asked why it is taking so long.  Access is an issue, and some areas need to be accessed with barges on shallow canal waters, and heavy equipment capable of handling trees more than 100’ tall.  The bank repair work is formidable, and that work must be done from the water.  Almost each tree had to be identified, located and put in the blueprints, and the scope of work is extensive.  It is critical the District be capable of handling the summer rains we expect this year, particularly if we are in the path of another hurricane. 

 

B.                 Engineer

There being no report, the next item followed.

 

C.                 Superintendent

Mr. Petty stated, first, the financing is continuing on the tree removal, and bank repair project.  We have a commitment from SunTrust Bank of an amount up to $6.4 million, which is what the top estimate would be.  This is a short-term loan, which can be expanded into a one to five year instrument; the first year is a no principal payment, interest accruing loan, closing costs are minimal.  The interest rate is in acceptable range of 4.02% first year variable rate and if the loan is expanded the interest rate will remain in the 4% range.  We request the Board’s authorization to sign the commitment papers with the bank to lock in these rates and time range.

            Mr. Sobers asked what is the time period of this?

            Mr. Petty responded it is a one-year short-term note which can be rolled into up to a five-year term.  The reason we so this is because our budgets are discussed in the summer and then sit with the property appraiser and revenue collector getting their instructions at the end of the year, them sending out bills in November, and payments start dribbling on in December and we do not start getting revenue until January or February.  We want to cover this period of time and the bank has worked with us very well.

The first year will give us time for due diligence to determine whether or not to raise assessments, to roll the loan into subsequent years or a longer term if necessary. 

Mr. Parks stated this is in lieu of raising taxes.

Mr. Petty stated currently the District has sufficient funds, close to $1 million in cash, available now.  If the loan is made long-term there will be a public hearing process with special advisors to the District which will increase out of pocket costs.

 

On MOTION by Ms. Macomber and seconded by Mr. Parks with all in favor staff was authorized to sign the short-term commitment letter with SunTrust Bank.

           

            Mr. Petty stated the second item deals with political reality of the Cities of Margate and Coral Springs and the formality of their actions of addressing this Board about the cleanup after Hurricane Wilma.  There has been a bill sent to the Broward delegation.  The delegation has accepted the bill which calls for the Sunshine Water Control District to have its budget approved by the City of Coral Springs and its Supervisors elected through a process approved by the City of Coral Springs, or appointed by the commission of the city of Coral Springs.  All other matters will still be the responsibility of this District.  They want to have control but not accountability.  We have been working with the cities of Margate and Coral Springs as a good neighbor, but because of the formality of the operation and the delegation accepting the bill we recommend a lobbyist be engaged to see to the best interests of the Sunshine Water Control District.  The first public hearing on the bill was last Friday.  A lobbyist for the Coral Springs Improvement District was there and the attorney for the city of Coral Springs at the meeting accosted them.  A transcript of the meeting has been requested by the lobbyist for CSID and I have asked for a copy.  The accusations made by the attorney to the CSID has gotten the District’s concerned.  The North Springs Improvement District whom we have worked with on similar matters in the past has been advised by counsel at their meeting last night that they should stay as far away from this as possible because they believe the SWCD has been targeted and there will be retribution.

            Ms. Macomber asked what kind of retribution?

            Mr. Petty responded as much bureaucratic retribution as I think can be made available.  We have usually teamed with our sister Districts in issues of mutual interest such as a lobbyist.  In this particular case since there is a threat against our sister districts, I feel I should tell the District the cost of a lobbyist will be bourn by this District alone.  CSID’s lobbyist is still on board but their Board may take action as they see best for their district.  NSID is considering the matter but is taking it seriously.

Ms. Macomber stated it seems like the Broward delegation is trying to get rid of all of them and absorb all of them into the city.  It appears to be a power struggle for no reason. 

Mr. Parks appointed Mr. Sobers as a committee of one to discuss current position of the District with the city of Margate in resolution of this matter and similar actions.  I also appointed Ms. Macomber to work with the Broward delegation.

Mr. Petty asked the committee be ready to report back to the Board at the next meeting. 

            Mr. Sobers stated I would like some background in the event I become a target for questions. 

            Mr. Petty stated staff will provide reference material and questions can be delegated back to staff if necessary.

Mr. Cranmer stated that we should take the position of falling trees are an act of God, and we do not have liability unless they prove negligence.  We have had no request from Oriole Townhomes to remove rotting trees.  In fact, they were fighting not to remove the trees. They have, through public records request, conversations going back to 1995 on a liability issue.  The issue now is hangers and leaners as a foreseeable risk and we are trying to address this issue.           

Ms. Macomber stated I would like some guidance on the issue of press.  Since we have the presence of the press this evening it would seem inappropriate for any one of us if asked to make any kind of response on the matter.

Mr. Petty stated if you would also like to instruct staff in that interface I can tell you we will be glad to comply.  If there is any special condition you would like of staff I can tell you currently

            Mr. Cranmer stated a no comment response is appropriate we have provided information, background and intentions of the district to the public and media.  Video would not be appropriate since no comments can be made and information is in limited format.

 

SIXTH ORDER OF BUSINESS                              Supervisor’s Request and Audience Comments

            There not being any, the next item followed.

 

SEVENTH ORDER OF BUSINESS                        Approval of Warrants 8795-8809

            There being no questions or comments,

 

On MOTION by Ms. Macomber seconded by Mr. Parks with all in favor Warrants 8795-8809 were approved.

 

 

EIGHTH ORDER OF BUSINESS                           Adjournment

            There being no further business,

 

On MOTION by Ms. Macomber seconded by Mr. Parks with all in favor the meeting was adjourned at 7:35pm. 

 

 

RECONVENED:

 

Mr. Petty stated we adjourned the prior meeting and have now reopened the meeting to consider continuance to a time, place and date certain.  The date would be tomorrow, March 9, 2006, at CSID offices at 10300 NW 11th Manor, Coral Springs at 6:30pm.

 

On MOTION by Mr. Parks seconded by Mr. Sobers with all in favor the meeting will be continued to March 9, 2006 at 6:30 p.m. at the District Offices, 10300 NW 11th Manor, Coral Springs, Florida. 

 

            There being no further business the meeting was continued to March 9, 2006 at 6:30 pm at 10300 NW 11th Manor, Coral Springs.

 

 

 

_______________________________                      _________________________

Mary Macomber                                                          Russell Parks

Vice President                                                              President