MINUTES OF MEETING

SUNSHINE WATER CONTROL DISTRICT

 

            The meeting of the Board of Supervisors of the Sunshine Water Control District was held on May 10, 2006 at 6:30 p.m. at the Commission Chambers, Coral Springs City Hall, 9551 West Sample Road, Coral Springs, Florida.

 

            Present and constituting a quorum were:

 

            Mary Macomber                                        Vice President

            Philip Sobers                                              Secretary

 

            Also present were:

 

            John Petty                                                  Manager

            Bruce Cranmer                                           Attorney

            John McKune                                             Engineer

            Janice Larned                                             Severn Trent

            Jean Rugg                                                   Severn Trent

            Cory Selchan                                              Field Superintendent

            Terry Hodges                                             Arbor Tree & Land

           

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 March 8, March 9, March 27 and April 5, 2006 Meetings

            Mr. Petty stated each Board member received a copy of the minutes of the March 8, March 9, March 27 and April 5, 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 March 8, March 9, March 27 and April 5, 2006 meetings were approved.

 

            Ms. Macomber thanked everyone for their hard work.

 

THIRD ORDER OF BUSINESS                       Ratifications of Actions Taken at the April 5, 2006 Emergency Meeting

Mr. Petty read the resolution by title and asked for the Board’s ratification of the actions taken. 

                     A.     Resolution 2006-04 - A Resolution of the Board of Supervisors of the Sunshine Water Control District Authorizing the Issuance of not exceeding $6,700,000 Capital Improvement and Maintenance Notes of the Sunshine Water Control District; Accepting the Commitment of SunTrust Bank to Provide the Financing; Authorizing the Execution of a Loan Agreement Setting Forth the Details of Said Notes; Repealing Resolution 2006-3 Adopted on March 27, 2006; and Providing for an Effective Date

                     B.     Resolution 2006-05 – A Resolution Authorizing a Budget Amendment within the Adopted Budget for the Sunshine Water Control District for Fiscal Year 2006 Subject to Closing Cost to be Determined

                     C.     Resolution 2006-06 - A resolution of the Board of Supervisors of the Sunshine Water Control District Authorizing the Assessment of a Maintenance Tax to Secure a Loan from SunTrust Bank; Providing for Method of Apportionment and Levy, and For Certification of Assessment Roll; Providing for Effective Date

                     D.     Resolution 2006-07 - Acknowledgement and Agreement Waiving Conflict of Interest between SunTrust Bank and the District’s Attorney’s

         E.      Resolution 2006-08 - Authorizing the Assistant Secretary to Sign Loan Documents in Association with Limited Power of Attorney for Administorial Duties Not in Conflict with any of the Resolutions Passed

 

On MOTION by Ms. Macomber seconded by Mr. Sobers with all in favor the Resolutions 2006-04, 2006-05, 2006-06, 2006-07 and 2006-08 were ratified.

 

 

FOURTH ORDER OF BUSINESS                    Distribution of Proposed Budget for Fiscal Year 2007 and Consideration of Resolution 2006-09 Approving the Preliminary Budget and Setting the Public Hearing

                        Mr. Petty stated as you are probably familiar with the process, we come up with a proposed budget.  If you approve it we then disseminate it to the public for their use and input.  We have additional meetings where we discuss changes, projects and programs.  At the public hearing, we will ask you to set at today’s meeting, we will take public input, give it due consideration, make a final budget and adopt it.

·        Several things have happened this year.  Let me highlight those changes before I ask for your consideration.  First let me take you to the third page where we basically give you the summary of assessments per unit which is the overall impact of everything on the inside.  Last year’s budget was approximately $80.25 per unit and we have a proposed budget with options.  The first one is to cover our actions to date which is the removal of hurricane debris, and the debt service we incurred with the intent we will take the debt service long term, which we have not asked you to do yet but we have assumed it for proposed budget purposes.  Proposal number two is to cover the projects on our list of things to do, which has increased in the last six months.  This is what I would like to go over with you in detail on the next page where we have the summary of line items.  

·                    Unfortunately, we were not able to increase the Supervisors’ fees since it takes a special act. 

·                    Legal fees have already been discussed and we are asking for no change at this time from what was approved two months ago. 

·                    Engineering fees are at the same level for retaining their services to come to the meeting without any increase.  Although I will talk to you later in the meeting under the Manager’s Report, they have submitted an increase for their hourly rate from three years ago. 

·                    The annual audit we raised a little bit because we will have a debt service fund, and we think the auditors will charge us for the additional fund to go through. 

·                    The management fee has gone up because of the additional fund.  We are going to have oversight of the debt service fund, and therein lies most of the work we have to do. 

·                    Special Consulting Services is for a lobbyist who we feel is going to be necessary for the next few years to maintain the interest of the District. 

·                    We have computer time which you have not had before. 

What you are going to see in the next several line items is a separation the District never looked at before but actually was incurred by your sister districts.  We share quarters at Coral Springs Improvement District for administrative staff, management staff and field staff.  We pay rent I do not think has changed in the 15 years since it was first imposed.  We have telephone service, we have customer relations; when all the people are calling about trees coming down in the back yard they are calling the CSID.  What you are seeing is some allocation of costs for the first time because Sunshine is getting to be that big of a District and it is time they carried a little bit of their own responsibility.  In this regard, computer time for running your accounting software and your debt service payable is put in at $2,400, which is an increase over last year.  Shared personnel expense and administration is the human resources who has been there forever, and cover your existing field staff.  Also on-site accountant, Ms. Susan Walker.  These are CSID shared employees; CSID owns them and shares them with North Springs Improvement District, Pine Tree Water Control District, Sunshine Water Control District and themselves.  Sunshine has had their services for fifteen years without paying.  It has not been too much of a deal until this year when we started doing all this work in the rights-of-way and they have been handling hundreds of calls. 

            Mr. Sobers stated none of this is being pro-rated.

            Mr. Petty stated we are not going backwards in time; we are going forward.

            Ms. Macomber asked is this going to be an equitable distribution in accordance with our sister districts?

            Mr. Petty responded yes.  This is a percentage, approximately 10% of the on-site accounting work, 14% of the customer service director, not the staff, 5% of the HR.  We are paying a fair share.  Our budget is to the point where we should pay it and not rely on them.  Secondly, we saw where CSID was threatened while we had legislation.  The people who wanted the bill to go forward had threatened CSID that if they helped us they would be sacrificed as well.  They were warned on several occasions not to help us.  The attorney for the district specifically came to a public statement on the matter.

            Ms. Macomber stated I remember you talking about it when apparently one of the representatives from CSID went to the commission meeting and was taken over the coals. 

            Mr. Petty stated for one against six counting the city manager, he held his own. They did what they thought was best for their District and because of that action we are trying to make you a little bit more independent than you have been in the past, which is why we are putting some of these costs in.  You may be faced with that choice. 

            Ms. Macomber asked were they threatening the same kind of action against them by legislation?

            Mr. Petty responded yes.

            Mr. Sobers stated it is better to be proactive.

            Mr. Petty stated I would be proactive for that issue, yes.

·                    Building Rent is $4,800 and covers the staff and the building and we did not address it.

            Mr. Sobers stated the Public Phone and Postage.  I notice both of those particularly the postage seems to be the same in light of what you have. 

            Mr. Petty stated most of this is for handling the packages which we take our direction from Ms. Jean Rugg, so if our spending is in line of what is proposed we typically will not change it.  If you look further on down there is a new item called Communication Expense which is for any mailings we may do to our residents, which will very much reflect that new postage cost.  What do you think Ms. Rugg?

            Ms. Rugg stated usually the board packages are hand delivered by my staff or district staff.  Charges are minimal at this time.

            Ms. Macomber stated the $65,000 basically is in anticipation of notices we have to do.

            Mr. Petty stated we put in a number of $65,000 for what I call Communication which we discussed during the last six months.  The public perception of this District has been very economical for the last 30 years, and it may be the most effective draining district in the state of Florida, not counting our sister districts, we have equal status with also.  We have always done so with great pride at a low cost, and we always hope the residents respect that.  We have come to a point in time where, while keeping faith with that trust in how we spend their money is a very high regard, making sure they are informed of our actions and to see worth in what we do also has to be covered.  We have never spent money on newsletters, on reporting to the residents what we do, other than our annual landowners meeting which we know is fully attended.  We talked about this, and in the budget for your consideration I have $65,000 for a website, at least two mailings to the public, other styles of information as well, including inserts into any other attachments such as the City Service if we do repair relations with them that we can participate in their TV channel by putting up notices as well, and all other forms of public communication on that issue.  Website design is something you can do very simply, but for the professional image there is typically a fee.  I have quite a bit of experience in that regard for my clients and to get the average business level you are in the $20,000 design range for this District.  I can tell you the City of Weston spends a great deal more for its design, and anybody who does less is typically going for a low-end service and is why the number is there; this is what it is hoped to do.  It is not as definitive as some of our other line items intentionally, so we can put in what we need.

            Mr. Sobers stated with the $65,000 I am sitting here thinking about the possibilities later on.  We know the City has its own web page, if there can be a link which says Water District and have whatever information needs to be disseminated to the public if they so choose.

            Mr. Petty responded we would love to have the relationship where they will provide us the opportunity.  Their current position is they prefer to control the message; they do not want us to have our independent message.  We asked them during this process before the bill was put out.  We asked them if we could put our message on the hurricane situation and our status on their website, actually on their TV, not the website.  I gave them a notice and for four weeks it would not go up and when it did go up, it was not what I gave them or the layout that I gave them with our picture and everything on it.  It was a text message laid out with the wrong phone numbers and saying this was across all the districts, not just one.  They wish to control the message and is why I put money in here so you can talk to your residents and respond to their wishes and report back to them.

            Mr. Cranmer stated this is the city’s position as officially stated. 

            Mr. Petty stated I knew they wanted control but I did not know why, I am still wondering why.  Anyway this is why the line item is there in the beginning.  It does not answer all the questions but it is an excellent start.

            Ms. Macomber stated I think it is very prudent at this point, giving what we are looking at and what we have been through.

            Mr. Petty stated most of the other fees and charges are the same as they were before.  The principal and interest expense at the bottom of the page is for the pump repair work you did prior, on the short term note. 

·                    On the next page under Field Operations, you see where we are taking money back from Mr. Selchan and the rates are going down slightly.  It is actually not lowering the budget they are going up by 5% the way we do every year.  It does not look like 5% because it is not according to the budget but it is to actual pay.  We have the ability to give a performance increase of 5% across the board in whatever it amounts to, that is what we have available. 

·                    Special Pay went up the percentage along with all the other attachments to pay. 

·                    Water Quality Testing is at approximately the same level as it was before.

·                    Nextel Phones and all the rest of are at about the same. 

·                    Electric has gone way down.  This in talks between the accountant and staff. 

            Mr. Selchan stated electric driven pumps which we had in the pump station consumed a large amount of electricity, which we no longer have in the pump station so the electric goes down, but our propane goes up.

            Mr. Petty continued to review the budget as follows:

·                    Rentals and Leases which is basically the vehicles we have for our field staff.  We lease those vehicles since we tear them up so much. 

·                    Field Operations Services was what Mr. Roger Moore had been providing oversight of in the past and I provide the operational expertise in my position, so you do not get the charge.

·                    Insurance is a little bit higher, not much.  We have been getting insurance increases every year so we bumped it up a little. 

·                    Repairs and Maintenance is a little bit lower than what it was in the past, but it still has the box cut program in case that should continue. Hopefully we have good relations so we can do such things.  This also has some funds left there from what we used in the past as spot tree removal practices.  We are going to talk about that again under the Capital Program, but we left it funded at a similar level to prior years. 

·                    Operating Supplies are about the same.

·                    Permits, Fees, etc. for Schools, Licenses, etc. are about the same. 

·                    Capital Outlay is zero because we are including it in a separate section. 

·                    R & R is at $277,000 and there are two programs we are looking at.  The reason we put some money in here is because we do not know if we can actually call this a capital improvement.  I am going to toss these off our “to do” list.  We have, of course, the capital program of removing downed trees, which we are already doing and you will have it on your debt table, which is at the back of the budget.  We also evaluated our existing drainage system which is 37 years old. 

I personally drove the east outfall leg of it and got my first look at what Mr. Selchan has known for some time, which is the homeowners in Margate have been eating away at our system like termites at wood.  The original system was, you have your canal top off bank which was about 80’ to 100’ and there was a 3’ high berm.  Margate sits a little bit higher than we are, and the berm during times of high water is supposed to prevent it coming into our canals.  The berm has been taken down by the homeowners who like to extend their yard out towards the water and we are missing this water control feature.  We also have residents who pushed their fences outward, then fenced it again and have taken our land and planted.  We also have people who had just flattened the whole thing out, raised their land, went all the way to the water and planted their own trees right at the top of the bank as if to say, this is my flag, this is my property, I am not going anywhere.  This is my first experience with it in person.  You heard these stories for years, I am sure this is nothing new.  My big deal, and what motivated me on that particular day, was there were several commercial interests running their business on our property; landscapers, handymen who had their trailers and their businesses, with proper licenses, and up to date tags on our property. 

            Ms. Macomber asked working or just parked?

            Mr. Petty responded this is where they store them.  They answer their phones from their homes.  We had several boats, boat trailers and this is besides the fixed landscaping.

            Ms. Macomber asked is this on the Margate side?

            Mr. Petty responded yes, this is on the Margate side.  On our “to do” list we have not only to remove the downed trees, which we are currently doing, we have also talked to you about now that we have gone after the downed trees, we have to address what we are going to do to the standing trees, which are a future threat.  That is a “to do” which goes on our capital program, and you have some prices on that.  Tonight I have numbers to share with you which I will bring to you in a little bit, but let me go down the list.  The next item is repairing that berm.  This is a water concern issue and I can tell you your sister district, CSID, already has that thought in their head, that Sunshine may be a threat to their district.  They know that because your canal runs right through their district.  What protects us from them is our drainage limits are different.  Our engineer happens to be their engineer thankfully, and we can get cross information.  They are going to do a hydraulic analysis to find out if there is any.  Of course items like missing berms are going to be a big issue.  We think replacing the berm is going to be a large ticket item.  To protect the berm from the homeowner coming right back out with his shovel, I want to put a six foot tall fence, nothing more than a chain link fence, 6’ tall, full length.  I know of nothing else that will stop them, but it will give me time to do repairs.

            Ms. Macomber asked will we have access to the berm if we put up a fence?

            Mr. Petty responded we will.  Between our property and private property is where we will put it.  Our permit with the Oriole Apartment Complex is for having a private fence between their property line and the water, they were saying people were walking the canal bank and gaining access to their property.  They have this very pretty ornamental entry feature to this area where those beautiful Australian Pines were and the owl sat, which is now a health threat.  You can see where this was almost like a cathedral setting.  The permit has to be revoked, I believe, in our future best interests.  In the budget what I will be showing you in these costs on option one and option two, is a capital program that cannot only go after the living trees still standing and we see as a threat during a hurricane, but some issues we need to address is such as the berm and the fence.  You have been here longer than I and Mr. Selchan has more experience than I; there are other areas we need to address of a similar nature.  I would like to put it in this budget for your consideration so you can see what will happen to the assessments and I will take you back to page three and the existing budget is $80.25 per unit, it is $82.27 under the proposed budget.  This includes the $3.7 million we just received.  The reason it is almost equal is in last year’s budget we had the one time fee for the cleanup of Hurricane Charlie, if you recall, of $300,000 plus.  We did it in a one time note.  It ends up being almost equal to the principal and interest payment we paid for clean up after Hurricane Wilma.  We are just going to take it out over 15 years.  Handling what we already completed to date, if you approve the 15 year deal, we are going to stay at almost our current level of $82.27.  If we consider some of the other programs let us say we allow $600,000 a year to be spent on capital improvements or on principal and interest payments to effect capital improvements, which ever method you feel better with, if we do it with the principal and interest basis it means I get more money in a loan fashion and we can do all the projects very quickly.  If we do the $600,000 per year we do it on a time and incremental basis.

            Ms. Macomber asked when we talk about capital improvements, if I understand it the capital improvements are taking down the additional trees?

            Mr. Petty responded I call capital improvements anything with a dollar amount that scares me.

            Ms. Macomber stated I know there was a distinguishing issue regarding maintenance and capital improvements.

            Mr. Petty stated it was the tax exempt status on the loan.  As far as budgeting is concerned we do not have to deal with it.  You are absolutely right, when it comes to borrowing the money, tax exempt status does not apply to maintenance items.  The capital projects have to be not capital maintenance projects, but capital fixed asset projects and is why you get the bond counsel on their side to make the determination it is a tax exempt project. 

            Mr. Sobers stated you mentioned earlier there is a total assessment per unit at $82.27 or $117.85.  Would you happen to know what is the homeowner base within the city, roughly how many units, and does it include homeowners and business?

            Mr. Petty responded approximately 16,000 units.  I am going to put you to page two, taxable units of 16,272.  We don’t have 16,000 acres in Sunshine, these are units.  These are the breakout of the acres to the units.  Commercial interests, I have not looked at the allocation but since this is basically per acre, divided by number of units, I am pretty sure they have a unit count, but I will check on that.  They should have gotten a unit count per acre.  They have drainage just like everybody else.  It is based on the relationship to a single family home that you usually factor in an acre of land whether somewhere between three and five.  I will check on the exact methodology.  Every year we do an assessment based on our best acknowledgment of the issue and then we ask the engineer to opine on the record that it is fair and equitable way of assigning these costs.  When we get to the long term debt part of our issue is to come up with the methodology for handling the debt service allocation since it is not the same.  We do not have the engineer opine on debt service.  it is usually done by an independent counsel.  In this case the financial advisor or someone capable of doing the work. 

            Ms. Macomber asked if I am to understand what you are saying under proposal number two, we cover the work that we have ahead of us?

            Mr. Petty responded it is already on the books.  It includes everything we talked about in the budget, plus paying for the hurricane debris cleanup we currently have under contract.

            Mr. Macomber stated this does not take care of going beyond.

            Mr. Petty stated the “to do” list is why we asked you to think about this one.  If you recall when we were looking at this for the cash flow, we did not take into account the $340,000 of Hurricane Charlie was a one time shot.  We just took it as our standard cost and how much this would add to it.  It brought us up to about $140 per unit.  At the time we thought it was still a good service at a great price. 

            Ms. Macomber asked did we ever get our FEMA reimbursement from Charlie?

            Mr. Petty responded for Charlie we are not going to get it.  They told us we did not qualify and is why it is a one time hit in our budget.  With the work we are doing now with Mr. McKune and NRCS we are fairly confident we will get our 75% and we then will go after the state for their 4½%.  If I recall our current contractor has submitted his first bill and our engineer is processing it as we speak.  We will find out how quick they pay on the invoice, because that is how we are supposed to get our money this time around is on the invoice.  Once we pay our contractor, they pay us.

            Mr. Sobers stated based on the estimates of the 16,000 units if you were to go with the $82.27 in proposal one we certainly run a shortfall based on the proposed budget. 

            Mr. Petty stated there are two sections of the budget.  I am going to direct you to the last page of the budget where the debt service is applied; since it is two different assessment methodologies, one that is opined by the engineer and the other by a professional.  They both go on the same tax bill and we combine them at the time. 

            Ms. Macomber stated it is the $22.64 versus the $58.22 – the debt service piece.

            Mr. Petty stated proposal number one has $22.64 and the other is $58.22, add that to – on page two of the budget in the description – $80.25 and $59.63.

            Ms. Macomber stated just the 59.63 – the difference in those two figures.  The general fund stays the same right?

            Mr. Petty responded right.  As you can see we are asking you to think about quite a few new items.  We tried not to put in too many as to cause too great a confusion.  This is a proposed budget and of course it is subject to modification between now and its approved concept.  We think the value brought to the residents is still very high.  We think we still have every right to hold your reputation intact by saying you provided the best drainage system for the least cost anywhere in the state.  We are still at a very low number per unit.  I do not know that residents appreciate the difference between $100 per year and $80 per year.  I think they understand the PR campaign hits them a little harder than the $20.  This is not an end to itself.  We expect over the years to come Sunshine Water Control District will adapt to what ever the challenge is and these numbers will continue to fluctuate.  This is what we would like you to consider for adopting for the purposes of dissemination to the public and to the residents.

            Ms. Macomber asked do we need to elect either proposal one or two?

            Mr. Petty responded no, you do not.  It is just for information.  We are asking you to adopt a proposed budget and set the public hearing date which I will defer to Ms. Rugg to give you the lowdown. 

            Ms. Rugg stated Resolution 2006-09 approves the budget you have just been discussing for fiscal year 2007 and setting the public hearing for July 12th at 6:30 at the Commission Chambers and what we will do after this meeting is to send this to the City of Coral Springs and get our 60 day time clock going.

            Ms. Macomber asked do we know what day of the week July 12th is?

            Ms. Rugg responded it is a Wednesday.

            Mr. Sobers asked is the 60 day time clock 60 days from tomorrow?

            Mr. Petty responded it is 60 days from the day you adopt the proposed budget.

 

On MOTION by Ms. Macomber seconded by Mr. Sobers with all in favor Resolution 2006-09 a resolution of the Sunshine Water Control District Approving the Budget for Fiscal Year 2007 and Setting the Public Hearing for July 12, 2006 at 6:30 p.m. at the Commission Chambers, Coral Springs City Hall, 9551 West Sample Road, Coral Springs, Florida was adopted.

 

            Ms. Macomber stated it is interesting you have creative thinking in terms of some of these issues we have been facing and need to be able to prepare for.

 

FIFTH ORDER OF BUSINESS                               Consideration of Permit Requests

A.     Capital Supply, Inc., for Surface Water Management Permit for Parcel D at NW 124th Avenue, South of Wiles Road

   B.     Village Green Apartment Homes for Right-of-Way Permit for Irrigation Water

               C.     Coral Springs S.W.M.P. The Meadows and The Dells, for Surface Water Management Permit for Improvements

               D.     Kimley Horn & Associates, Inc., for Right-of-Way Permit for Left Turn Lane Extension at Coral Ridge Drive.  Southbound on Coral Ridge Drive at Sample Road in Coral Springs. 

               E.      FDOT, HDR Engineering, Inc., for Work within CSID Right-of-Way Permit at SR 817 (University Drive) Culvert Crossings at Canal L Ditch (South of Royal Palm Boulevard and Canal J (North Side of NW 31st Court).

            Mr. Petty stated we have consideration of permit requests, which are the standards we have for surface water management permits and right of way permits.  I do not mean to put these down into small items because Ms. Rugg works hard on all these permits.  If I may ask the Board would you like to consider them one at a time or consider them as a package?

            Ms. Macomber stated I just have a question.  Just a point of notice, in the Village Green apartment homes, the permit itself says Coconut Creek instead of Coral Springs.  The map correctly places the site in Coral Springs but the permit says it is in Coconut Creek. 

            Ms. Rugg stated the actual owner of the proposed work lives in Coconut Creek.

            Ms. Macomber stated on the Coral Springs SWMD, I presume this is something that is being brought to us by the city?  The storm water master plan is the city’s master plan?

            Mr. Petty responded I am going to defer to the engineer, but I do not know that I would call the city’s plan a master plan.

            Ms. Macomber stated they call it a master plan, storm water master plan.

            Mr. McKune stated it is being done by Chen & Associates. 

            Ms. Macomber asked this is all the city’s work, right?

            Mr. Petty responded this is roadway drainage system.

            Ms. Macomber stated the engineers have approval over all this.

            Mr. Flavin stated the master plan for swales and canals.

            Mr. Petty asked will that be on the areas of the walkway drainage they have.  Is that what you are talking about when you say swales and canals?

            Mr. Flavin responded no, they have swales.

            Mr. Petty asked we do not have curbs off the roads where there is a swale system?

            Mr. McKune responded right.

            Ms. Macomber stated may I ask who the gentleman is that is talking?

            Mr. Petty responded I am sorry we have not asked you to give us your name for the record.

            Mr. Flavin stated Ed Flavin with CH2MHill.

           

On MOTION by Ms. Macomber seconded by Mr. Sobers with all in favor the Items A. through E. as submitted subject to engineering recommendations were approved.

 

SIXTH ORDER OF BUSINESS                              Staff Reports

A.                    Attorney’s Report

Mr. Cranmer stated the Margate Bill died a formal death. I received a congratulatory call from the attorney for the City of Coral Springs.

            Ms. Macomber stated I thought that was extremely interesting.  At the outset the City Attorney got so upset over the whole issue, it is interesting he would come back.  We do live in a world of metaphors.

            Mr. Cranmer stated Mr. Petty expressed a fear if we agreed to merge.  I then received a call from Ms. Mary Turner who is the Governor’s gatekeeper with a special bulletin; we had dealt with her the last time.  Ms. Turner is very clinical, she gathers information and gets a package together.  She called to congratulate us and somehow the media got the message that a meeting was called. 

            Ms. Macomber stated he vetoed Mr. Stacy Ritter’s bill. 

            Mr. Cranmer stated it was very unusual to get a call from her.  She spent a lot of time on the phone.  Now we are on good terms with the City of Coral Springs. 

                        Mr. Petty stated we hope to work with the city we live in and we all care a great deal about it to the best of our abilities.

                        Ms. Macomber asked is it appropriate for me at this point to let you know what I did?

                        Mr. Petty responded very much so. 

                        Mr. Cranmer stated we had a meeting scheduled with the City of Margate for the 18th.  I have not received any indication whether it will be cancelled or not.  I am wondering what your thoughts are about going forward with your complaints about their incursions in to our right-of-way. 

                        Mr. Petty stated I think we have two issues, one is in your letter to the attorney, where you asked him to substantiate any need for us to go to the meeting.  His reply was it was already scheduled and they would have a meeting before that date to let us know if they would consider the matter.  The 3rd I believe and we have not heard anything.  The issue of our relationship with our neighbor is one I think I will address through the capital program.  I know of no other way to do it.  I asked Mr. Selchan, who has been near a saint in this relationship for 20+ years and I talked to Mr. Nick Schooley who is also the previous manager before Mr. Selchan.  The issue is I do not think we can handle it as a neighbor to neighbor since we are not on equal ground.  We are government, they are the people who have the voice and the vote in the City of Margate and we have no voice and no vote.  The best I think we can do is what I suggested in our capital program which is to protect our property with a fence and try to do our job as diligently as we can.  When it comes to this meeting your lobbyist worked very hard on this, had given his word to those who had agreed to that face saving gesture to attend this meeting.  I told him I would work to the best of my ability to see that we would honor the commitment.  Now that the legislative session is over, and no action being taken, I wish I had not, but I told him I would be there and I would urge you to attend. 

                        Ms. Macomber asked what time will it be on May 18th, do we know?

                        Mr. Petty responded we do and I will make sure staff sends you a fresh notice of that date.  We polled the Board for that date to make sure they could be available because we wanted a full board.  If the situation is to the point they are looking to exert some undue pressure on this body, stand assured staff is positioned, even with our commitment to our lobbyist, to protect the Board by leaving the chamber. 

                        Mr. Cranmer stated the City Attorney is very solicitous, very professional and cancelled their agenda.  I deferred to Mr. Petty and we were pretty well received.  The Assistant City Manager was reasonable, it was a very good and productive meeting. 

                        Ms. Macomber stated you had a pretty good relationship up to a certain point.

                        Mr. Cranmer stated I thought it was very professionally handled by Mr. Steinfeld, very genuine.  Of course the commissioner was politically skeptical and they would watch and wait to see what we did.  Now we have done what they wanted, they want us to meet the Board and we have to talk to them about the Oriole people and they are not going to like that. 

                        Mr. Petty stated at our meeting what I suggest is we go there with this intent; we get our resolution from the City of Margate that all action against us has been stopped.  Otherwise we sit under the threat of a lawsuit which compels us to get into these meetings.  We have complied, I want my letter.  This is my first thought, it is my only thought, it is the only discussion I hope to have take place.  If they wish to discuss such things as how they can utilize this District’s assets such as the east outfall for the residents’ back yard barbecues that is not why I came; I came to get a release.  That is what I suggest our position be.

                        Mr. Cranmer stated I think we sever the two issues.  

                        Mr. Petty stated I see that as the logical next step.  It is their turn to come forward with a simple resolution that the action has been stopped.  If they do not come forward with the resolution, if we cannot get the working relationship going at that meeting, at that time I am probably going to ask you to leave the chambers, that we ask the city with all due respect to submit any further requests of additional services they want from us in writing for us to give due consideration to and possible dissemination to all residents within our District before we make a decision and we leave.  If you want, I will tell you the proactive side says if the City of Margate does not wish to do what is considered to be reasonable with this release, sending us a letter of any further interest they may have as a good neighbor.  If they are not reasonable it is time for us to tell them to put their money where their mouth is and go forward with what ever case they think they may have and to quit wasting our time.

                        Mr. Cranmer stated perhaps we should just ask them to terminate the Chapter 164 procedures by letter indicating no further meetings are required we complied with their needs.

                        Mr. Petty stated I believe that is what they did opine to and Mr. Steinfeld said it is a resolution.

                        Mr. Cranmer stated if we get that kind of resolution at the meeting then we do not necessarily have to discuss a lot of this and it can be done separately.  

                        Mr. Petty stated without undue pressure put on us in this one time public event. 

                        Ms. Macomber asked is there any way to pre-ordain it happening?

                        Mr. Petty responded we may suggest the best course is with counsel talking with their counsel since that is probably the most professional and straight-line.  We are dealing with the Assistant City Manager who has been good to his word, but we do not know that since he is acting City Manager that his position may not be taken from him and we may be dealing with another City Manager, so that may be the cleanest way if I may suggest.

                        Ms. Macomber stated sounds good to me if we can process on good terms ahead of time.

                        Mr. Cranmer stated to close Chapter 164.

                        Mr. Petty stated I do not think I promised anybody that I did not want that call.

                        Mr. Sobers asked are you going to make that happen prior to our meeting?

                        Mr. Cranmer responded yes. 

Ms. Macomber stated I spoke with Commiss