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, July 11, 2007 at 6:30 p.m. in the Commission Chambers at Coral Springs City Hall, 9551 West Sample Road, Coral Springs, Florida.

 

            Present and constituting a quorum were:

 

            Mary Macomber                                        President

            Dave Hulett                                                Vice President

 

            Also present were:

 

            Bob Nanni                                                  Severn Trent Services

            Ed Goscicki                                                Severn Trent Services

            Bruce Cranmer                                           Attorney

            Cedo DaSilva                                             CH2M-Hill

            Peter Colussy                                             CH2M-Hill

            Pamela Rower                                            Severn Trent Services

            Brenda Schurz                                            Severn Trent Services

            Cory Selchan                                              Field Superintendent

            John McKune                                             In-House Engineer

            Rich Michaud                                             City of Coral Springs Director of Public Works

            Several Residents

FIRST ORDER OF BUSINESS                         Roll Call

Ms. Macomber called the meeting to order and Mr. Nanni called the roll. 

 

SECOND ORDER OF BUSINESS                    Approval of the Minutes of the June 13, 2007 Meeting

            Ms. Macomber stated each Board member received a copy of the minutes of the June 13, 2007 meeting and requested any additions, corrections or deletions.

            Ms. Macomber stated on page 12, in the fifth paragraph, “Riverside lean” should be “Riverside loan”.  On page 26, the fifth paragraph should be “Mr. Goscicki”.

            Mr. Cranmer stated on page seven, the statute cited for the maintenance tax is Chapter 298.54.  On page eight, in the second paragraph, the word “indemnification” should be “identification”.  On page 14, the assessments are not $118,000 but $118.  On page 18, in the third paragraph, 1982 was when the fee was set but I did not take over until 1984.

 

On MOTION by Ms. Macomber seconded by Mr. Hulett with all in favor the minutes of the June 13, 2007 meeting were approved as amended.

 

THIRD ORDER OF BUSINESS                       Public Hearing to Consider the Adoption of the Budget for Fiscal Year 2008 (Resolution 2007-8) and Levy of Non Ad Valorem Assessments (Resolution 2007-9)

            Mr. Goscicki stated this is the public hearing for the Fiscal Year 2008 budget.  At this time, I request the President recognize this as a public hearing and open it for public comments.  A copy of the budget was provided to you under separate cover.  It is the same as the version provided to the Board last month.  There has been substantial discussion on the budget.  The budget reflects an increase in the assessments from the current assessment of $109.07 to $118.67.  For the audience’s benefit, the notification sent to the residents reflected a maximum assessment of $124.  Because of discussions with the Board, there were reductions in the budget and we are now down to $118.67.  This means an $8 increase in assessments from the previous year. 

            For those of you who received the notification, there is a requirement of state statute to send out letters by first class mail to all affected property owners when there is an increase in assessments notifying them of the proposed change and the date, time and location of the public hearing.  The purpose of the public hearing is to review the budget resulting in this change and giving the public opportunity to provide input.  This was not a bill; only a notification.  The tax will be part of your county tax bill when you receive your TRIM notice from the county, which is the bright yellow document you will receive in the second week of August.  You will see a line item on the bill for the Sunshine WCD reflecting the assessment of $118.67 or whatever number the Board approves.  The Board did not approve anything over $124.

            The reason for the increase is the District sustained significant damage due to the hurricanes of the last two years and spent $4 million removing fallen trees from canals, re-dredging the canals and removing nuisance species.  To accomplish this, we borrowed some money and spent down the District reserves.  The slight increase in the budget helps recover the District to a good cash flow position and build back the reserve for anticipation of the next hurricane.  The budget reflects a reduction in operating expenses from the current year.  The Board has been aggressive reducing operating expenses from the previous year.  The budget also reflects some significant capital improvements to the main pump stations to prevent flooding and continue canal maintenance with some significant dollars to re-dredge some canals and improve drainage.  This is a significant undertaking in terms of the nominal increase in the overall amount of the budget. 

            Ms. Macomber stated at this time, it is appropriate to take input from the public.

            A resident stated the statute quoted in this letter is from 2004 but was revised in 2006.  Why was the 2006 statute not quoted in the letter?

            Mr. Cranmer responded statutes are revised all the time.  Do you know what portion was revised?

            The resident responded Section 197.3632.

            Mr. Cranmer asked to what extent?

            The resident responded the statute lays down clearly the intent to increase non ad valorem taxes.  A notice should have been published in the newspaper but I have not seen any such notice in the last four weeks.  It is a surprise.  Although the residents are paying their taxes, the amount should have decreased instead of increasing.

            Mr. Goscicki stated this meeting was advertised in the local newspaper.  We can provide you with a copy of the advertisement, which was published in the legal advertising section of the newspaper.

            The resident stated the notice of the increase should have been approved by the Property Appraiser but it was not.  It was done ex post factor. 

            Mr. Goscicki stated the Property Appraiser does not approve taxes.

            The resident stated the statute reflects they do.  I have the statute in front of me.

            Mr. Cranmer stated they do not approve it.  Upon approval by the Board, it is sent to the county to be added to the tax roll.

            Mr. Goscicki stated the Property Appraiser will approve the tax roll and certify to us which properties are within the District and the amount of units on each parcel.  The dollar amount is approved by this Board and then we send this information to the Property Appraiser for the tax bill.

            The resident stated the boundaries of the District should be defined. 

            Mr. Nanni stated this is part of the advertisement.  At this point, you are confusing ad valorem taxes with an assessment fee.  This is an assessment.

            Mr. Cranmer stated the boundaries were established in 1963.

            Mr. Nanni stated they were part of the advertisement.  There was a map showing the boundaries of the District.

            Ms. Macomber stated thank you for your comments.

            Mr. Cranmer stated I am happy to see someone reading these letters.

            Mr. McKenzie stated I live at 4103 NW 75rh Avenue and have lived here since 1981.  Every year I have been maintaining my canal on my own.  Three years ago, I attended a neighborhood meeting and was told we could no longer maintain our canals.  Since then no one has done anything to our canal.  To make matters worse, I requested someone cut down the trees but was told no one was cutting them down.  There is a huge tree hanging over the canal, encroaching some Florida Holly.  I was told it will cost $300 dollars to cut down this tree.  I do not feel comfortable with this assessment. 

            Mr. Goscicki stated I understand. 

            Mr. Hulett stated Mr. Goscicki and Mr. Nanni are representatives of our management company, Severn Trent Services.  They assist the Board in the operation of the District.  Ms. Macomber, Mr. Sobers and I are on the Board of Supervisors, which is like a City Commission. 

            Ms. Macomber stated Mr. Cranmer is our attorney and Mr. DaSilva is our engineer.

            Mr. Hulett stated we are happy to have all of the residents here tonight.  This is a wonderful turnout.  I am glad to see interested citizens.  When we get through some of the explanations, you will see a responsible job has been done on this year’s budget. 

            Ms. Macomber stated it is nice to hear the residents are reading what we are sending to you.  It is greatly appreciated.  We are here to help you take care of the water drainage issues in Sunshine.  It is good to have all of you here.

            Mr. Goscicki stated Mr. Cory Selchan is our Field Superintendent.  Is this one of our canals?

            Mr. Selchan responded yes.

            Mr. Goscicki asked can you please check out this canal?

            Mr. Selchan responded I will meet with him on Friday.

            Ms. Macomber stated thank you.

            Mr. Goscicki stated in addition to maintaining the canal, cleaning the canal banks and removing debris blocking the waterway; our main function is to make sure those canals flow to the main pump station so we can move the water during a rain or hurricane event to prevent flooding.  It is not just the maintenance of the canal so it looks pretty but controlling the water flow during a hurricane.  We will definitely keep you informed about this issue.

            Ms. Agnes Pollis stated I live around a lake, which is well maintained.  However, there used to be a beautiful wildlife area for many birds and now we do not have any more trees left.  I was the only one on my street who actually read this letter and I do not understand what this is all about.  My concern is everyone saying you are not maintaining their area.  We never had any blockages, even in the worst hurricane season so there is not a flooding issue.  We have a beautiful area and everyone visiting us comments about our lake.  I do not agree with what you are doing.  The tree removal company already cut across two of our streets.  We do not want any more trees cut down.  We already lost two shade trees by the city.  I would rather sign a waiver saying I will take care of my tree if it falls into the lake.

            Ms. Macomber asked Mr. Selchan, do you know whether or not this area has been cut?

            Mr. Selchan responded I do not know where she lives.

            Ms. Macomber stated she lives in Westchester.

            Mr. Selchan stated Westchester is done.

            Ms. Macomber stated the way we resolved the issue of trying to take care of the area for future disasters like we had with Wilma, was to remove the nuisance trees in order to protect the banks.  We did this throughout the District. 

            Ms. Pollis stated two trees were removed.  A small tree remains but the lower branches were cut off.  They ruined the tree but it is still standing.  I do not know what the purpose of doing this was.

            Mr. Selchan stated I imagine this was done when the other trees were removed because they were interfering with the removal of the other trees. 

            Ms. Pollis stated these were the same type of trees.  Two of them were removed but the other left alone.

            Mr. Selchan stated these were all Australian Pines.  Two of them were on District property the other was not.

            Ms. Macomber stated we can only remove the trees on our property.

            Mr. Selchan stated the homeowner was satisfied with the way we did the job. 

            Mr. Cranmer stated you mentioned there had not been flooding there in the past.  Wilma was a severe storm but a dry storm.  It knocked a lot of trees into the canal.  Had it been a wet storm, there would have been massive flooding.  Some cities such as Tamarac take the position you clean the entire bank.  We elected not to go this far and to only remove the nuisance trees.  There is an official list of nuisance trees.  They tend to be non-evasive, have a shallow root system and fall over and block the flow of water from canals.

            Ms. Macomber stated thank you for your comments. 

            Mr. Hulett stated the point Mr. Cranmer makes is important because when this issue was first discussed in December and January, there was a move to take every tree and bush off of the canal bank.  However, due to the input of the taxpayers in the District, it was decided this was not the way to go.  In deference to the hurricane considerations and the balance of nature, the nuisance species were removed, particularly the Florida Holly, which have been growing for over 30 years.  It is important for all of us who live in the District to realize it is now incumbent to us as residents, as Mr. McKenzie has been doing on his own, to clean our own banks and keep them clear of nuisance species.  Therefore, this is a working partnership between the citizens and taxpayers of the District in order to maintain the canal bank because this is the responsibility of the property owner.  In a sense, we caught a good break by the District coming forward and saying, “These trees have been growing here for 25 to 30 years and it would have been a huge expense for the average citizen to remove the giant Florida Holly trees”.  This has been done, the banks are saved and the good trees have been saved.  I think a reasonable compromise was reached in this regard.  However, I caution everyone to remember it is now our responsibility to make sure the Florida Holly trees do not re-grow by keeping them trimmed and the banks in good order.  This is something to keep in mind.

            Ms. Macomber stated we are also a happy partner with the City of Coral Springs.  We assisted them with some work on the box cut canals and in trying to get through this situation Wilma cast upon us.  We thank all of you for your comments.  This was not an easy situation for anyone.  We are praying that we do not have another event like Wilma again soon.

            Ms. Marquita Epps stated I live at 7521 NW 42nd Court in the Dells and are fairly new to Coral Springs.  One of the reasons why I moved here was because it was pretty.  The canals and trees are pretty and give an ambiance to the neighborhood.  Prior to Wilma all of the trees provided a shield but since the trees have been cut down, there is garbage along the bank of the canal, especially in back of the rentals.  We need to do something about the amount of garbage being dumped to help the flooding situation.  The drains typically get blocked due to the garbage.  I also noticed for the past two weeks, large turtles coming out of the canal.  I never saw this before.  I do not know what the solution is but I know as a community, all of us care and should pitch in.

            Ms. Macomber stated your sentiments are wonderful and we appreciate it.  I pick up bicycles and trash from my canal.  I do not understand why people think they can dump their trash into the canals.  They are so beautiful.  The turtles are gorgeous. 

            Ms. Epps stated the turtles do not know where to go now because of the trash in the canal.  My neighbor’s house abuts the canal and after all of the trees were removed, the noise level and amount of trash increased.  We have never seen this before.  We understand some of the trees have to be removed. 

            Ms. Macomber stated thank you for your comments.

            Mr. Selchan stated we can take care of the trash problem.  Please call our office at 954-796-6619.

            Mr. Hulett stated Mr. Selchan and his crew are responsible for keeping the canals clean.  If you have a problem area, give him a call.  The crews will be happy to assist you.  From what Mr. Selchan told me, he pulls more garbage out of the canals in the Sunshine WCD than the other districts combined.  It is a serious problem, which they are constantly working on.  His crews do a great job to try to stay on top of it.

            Ms. Macomber stated we can only resolve this together.  If we do not know about a problem, we cannot fix it.

            Mr. Selchan stated we have a full-time crew who is dedicated to removing mountains of trash.  They spend eight hours a day/five days a week removing garbage from these canals.  If they have not been in your canal in the next few weeks, they will be there as soon as they get an opportunity to.  Because of the drought, we have not been able to put the boat into many of these canals as access has been a problem.  However, since the water levels are now up, we can respond within 24 hours.  We may not be able to clean or spray the canal that day but we will see what the problem is and put together a schedule to get it cleaned.

            Ms. Epps asked who do we report the dumping to?  There are mattresses in the canal.

            Mr. Selchan responded the City of Coral Springs Code Enforcement.  If you actually witness the dumping, call the police department.

            Mr. Ken Haley stated I live at 10133 NW 30th Court in Country Club West.  I am a native Floridian, born in Broward County.  I am also in the hurricane shutter business.  One of the reasons I moved to Coral Springs was because of the beauty of the city.  By chopping down these trees, thinking the water will flow better, is not going to help.  I think we are going about this the wrong way.  I would rather pay an assessment to have these canals cleaned up instead of watching all the debris flow downstream.  I am disgusted to see us chopping down our city.  I have many good friends in Coral Springs and it tears me up to see what is happening.  It is a sad situation.  I heard Mr. Selchan say they were going to clean the canals but this has been going on for at least three years.  It is disgusting.

            Ms. Macomber stated please call the office. 

            Mr. Haley stated you could have a cleaning schedule for each canal.

            Ms. Macomber stated they have a schedule.

            Mr. Haley stated it is sad to see what is going on with the city.

            Ms. Macomber stated it is sad the way people use these canals.  It is pathetic.  People throw bottles into the canals as a game to see if they can hit the water.  I do not know what they are thinking.  We appreciate the value of the water and the birds and beautiful fish who live there.  I was watching someone feed the fish the other day and they were all jumping up.  People who throw things into the canals are ruining them for all of us.  The community as a whole should address this issue; not just Sunshine. 

            Mr. Haley stated it is hard to look at this every day.

            Ms. Macomber stated we understand and will try to be more prudent.  We appreciate your comments.

            A resident stated my home is not surrounded by canals.  How does this affect me?

            Ms. Macomber responded it should not affect you.

            The resident stated I received your letter.

            Ms. Macomber stated because you live within the District.

            Mr. Goscicki stated your assessment will be based on the size of your property.  The benefit you get is your building will not flood. 

            The resident stated I do not own the building; only a unit.  The building is owned by the HOA to which I pay a fee.  They do the maintenance and the cutting of the trees.  I do not know how I benefit from the cleaning of the canals and cutting of the trees.  I have insurance if water gets into my unit.

            Ms. Macomber stated we are interconnected.  If the system gets blocked in one area, it can flood throughout the region.

            The resident asked did everyone in my building receive a letter?

            Ms. Macomber responded yes, if they are an owner within Sunshine.

            Mr. Goscicki stated every property owner received one.

            Mr. Hulett stated our District runs from Wiles Road south to Royal Palm Boulevard and from Rock Island Road to the Sawgrass Expressway.  All property owners share in the cost of the operation of the District, regardless of whether or not they live on a canal.  The operating and capital budgets are divided among each of the properties.  This is how this works from a governmental standpoint.

            Ms. Macomber stated just like if you do not have a child in school, you have to pay the school tax.

            Mr. Lloyd Heidesburg stated I live at 3781 NW 79th Avenue.  My wife and I have been living here for six years.  We love it.  We lived in Brooklyn for 38 years and are originally from Belize.  When we moved here, it was our intention to one day own our home.  We paid off our own home after 25 years and moved to Florida.  We are pleased, happy and humble to say the house is ours as we paid for it in cash, which we are thankful for.  This is the first communication I received from the District.  I was at a loss in regards to the assessment.  We were never informed about the assessment.  It is our right as a homeowner to satisfy ourselves in regards to what we should do in order to maintain the status of homeowner.  I was pleased to attend this meeting because for the first time I am meeting the people with whom we can communicate with and sit back and learn something we did not know before.  I want to thank you for putting me on your mailing list. 

            Ms. Macomber stated six to ten months ago, we recognized the District needed to reach out more to our clients and started a campaign.  We hired someone to help us put a campaign together, work on our website so we have more information available and work on press releases to inform you.  We are now analyzing the value of this service but are dedicated to working with you to do more informing so you will not be a stranger to us.  You can go on your computer and pull up the website for the Sunshine WCD to see what we are doing.  There is a list of all minutes of the past meetings online at FloridaDistricts.com.  We are trying to improve our communication with the residents so you have a better idea of what we are doing together.  Congratulations on your home and for coming here!  It is wonderful hearing from you.  We appreciate everyone who came today to talk to us.  Watch for more information coming from us because we know you need to be informed.  We realized this when Hurricane Wilma hit.

            Mr. Heidesburg stated there are many people like myself who have things to offer the District in terms of services.  Why are you not offering to accept these services as they are for the common good?  In my country, I was a Probation Officer.  It would be fair to say I am a people person.  My wife retired from the Internal Revenue Service.  Now we are both sitting at home doing nothing.

            Ms. Macomber stated I have an opportunity for you.  I am on a Senior Advisory Board and we need people like you.  If you write down your name, address and phone number, I will get back to you.  We will put you to work.

            Mr. Heidesburg stated I would be happy to.  We offer our services in good faith.  If more people can come forward and do things for the common good, things can be so much better.  I will do whatever I can.

            Mr. Hulett stated I appreciate you coming here tonight.  Based on 28 years of experience in Coral Springs and having attended many commission meetings and other meetings like this one, this is an outstanding turnout.  When this room is filled, it means there is a great deal of interest.  I am very happy.  We have a cross section of the community.  The turnout for a public hearing like this, whether the Sunshine WCD or the City of Coral Springs is excellent.  We are pleased!

            As Ms. Macomber said, there have been some efforts in terms of trying to communicate.  I do not think this has particularly been effective and we need to do a more effective job of working more with the city and using their facilities to communicate.  In my experience, many people see the canals and assume the city is responsible for its operation.  Very few people realize this is an independent District completely separate from the City of Coral Springs, who is ultimately responsible for operation of the canals.  It is important to have this knowledge.  If each one of you talk to ten of your neighbors, more people will have a better understanding of how this District works and the operation of the canals. 

            Ms. Macomber stated it is very heartwarming to see all of you because usually we are talking in here all by ourselves.  You took the time to come here rather than spending time with your families and we appreciate it. 

            A resident stated I live at 11544 Royal Palm Boulevard in a condo.  Is it the Condo Associations responsibility to pay this bill?  I have lived here for a year and one month.

            Ms. Macomber asked do you own your property?

            The resident responded yes.

            Mr. Goscicki stated even if you live in a condo, you are considered to be a property owner within the District.  However, you will only be paying a portion of the assessment or a lower amount than a single family home.  I believe the tax bill has a breakdown.  For example, a family having a half acre or more will be paying one rate while a half acre or less will be paying a lower rate.  It is proportional to the size of the property.

            The resident stated my mortgage is the price of a single-family home.  The HOA recently raised the fee from $195 to $210.  Only two times, I saw the maintenance guys maintain the canal. 

            Ms. Macomber stated we do not work with the HOA. 

            Mr. Goscicki stated the increase in the assessment is only $9 from the current property tax to what is being proposed for next year.

            The resident stated the reason why I moved to Coral Springs was because there was no violence or crime.

            Ms. Macomber stated thank you for your comments and for coming tonight.

            Mr. Jeff Boulier stated I live at 8935 NW 38th Drive in a townhouse.  I keep hearing about rates and square footage.  What is the rate on a townhouse?

            Mr. Goscicki responded the current rate per unit is $118.57.  The rate quoted in the letter is $124.59 because it was based on a higher budget.  This is the rate for a one acre lot.  Anything less than an acre gets rounded out to the nearest half acre.  For example, if you own a half acre or acre of property, you are considered one unit.  If you own less than a half an acre, you are considered to be half a unit.  If you own one acre to one and a half acres, you are considered to be two units. 

            Mr. Boulier asked do you have a breakdown for this particular address?

            Mr. Goscicki responded we are required by first class mail to send this notification to every property owner.  For us to pull the information off of the Assessment Roll, requires us to do a custom letter to every property owner.  Living in a townhouse, your assessment should be half of the $118.57 per unit.

            Mr. Boulier asked do you have a rating for a townhouse?

            Mr. Cranmer responded look at your tax bill from last year to see what you paid last year.

            Ms. Heather Loeb stated I live at 4318 NW 76th Avenue. How did you pay for this before?

            Mr. Goscicki responded it has been on the tax roll. 

            Ms. Loeb stated since we are getting a tax cut; you are hitting us with $124.

            Mr. Goscicki stated this is not an additional $124.  Your tax rate today in this current fiscal year is $109. 

            Ms. Loeb stated I am getting a tax cut and you are asking for $9 from me.  I would rather keep the $109.

            Mr. Goscicki stated the biggest impact on the budget was spending almost $4 million last year and this year from the aftermath of Hurricane Wilma.

            A resident asked did we flood in some places in Coral Springs?

            Mr. Goscicki responded you had trees blocking canals.

            Ms. Macomber stated we reduced the water so we did not flood.  Wilma was not a rain maker.

            The resident asked when was the last time Coral Springs flooded?

            Mr. Goscicki responded the last major flooding was in 1979.  This is a reflection of the water control we have here.  It does not flood because you have a working drainage system. 

            The resident stated I understand.  It has been working and continues to work.

            Mr. Goscicki stated it worked well until all of a sudden Hurricane Wilma came in and knocked all of the trees down into the middle of the canal.  We had to get all of the trees out of the canal banks so the system keeps working.  We have been lucky.

            Ms. Loeb stated I had beautiful trees on my property and now they are all gone.  What I am hearing from other people is the trees are all gone.  You annihilated all of the trees.

            Ms. Macomber stated they were on District property.

            Ms. Loeb stated you removed the trees and now you are coming back and collecting all the money.

            Mr. Cranmer stated in 1979 we had 18” of rain in one day.  There were no houses here at the time.  What is now Cypress Run was once an ocean.  It could happen again.

            Mr. Hulett stated I share all of your concerns in regards to this budget.  The Board recognizes the seriousness of the property tax situation and Florida has done a responsible job this year.  The administrative side of the budget has been cut 37% over last year.  The budget amount last year for fiscal year 2007 was $394,000 versus $193,700 for administrative costs this fiscal year.  However, there is another aspect to be aware of, which is the infrastructure of this District.  Two integral parts of this District are our pump stations.  One is located at the corner of Royal Palm Boulevard and Riverside Drive behind the Presbyterian Church and the other is located in the southwest corner of the District.  Both of these pump stations are in need of repair with new security fences and engines to run the pump and pump the water.  Should we have a critical rain event, it is very important for all of this equipment to be up to date and working properly.  Currently, both of these pump stations are in need of some updating and repair.  The $9 increase is going to support the capital budget to do necessary repair to not only these pump stations but to clean out culverts under streets and canals and make sure the canals are properly dredged out so if we have a 20” rain event, we know we are going to have good control over the water. 

            I looked at my canal over the last few days, with the amount of rain we have had, I am amazed to see how much higher the water has risen.  I am sure Mr. Selchan is maintaining the water inside of the city without letting any water out to get the canals back up to their normal size.  This also has an impact on the City of Coral Springs in regards to our water and maintaining water tables.  There are two aspects to this assessment; the administrative costs to operate the District and the capital budget to make sure everything will function in the long run.  The time will come when it is necessary to do repairs and upgrades on the critical infrastructure.  I think a less than 10% increase based on what we have been through in the last year and based on the projected needs of the District to do some of these repairs, is a reasonable increase.  I feel good about the Board taking a responsive position of looking out for the best interest of the taxpayers in this particular budget situation.

            Ms. Macomber stated I agree.  We have to maintain these pumps as they are necessary for the flood control.  We know you have angst about the taxes.  We are taxpayers who live in the District, have the same issues you do and know how aggravated you are.  We thought we were going to have help from Tallahassee and now this is questionable.  We are not sure what is going to happen, to be quite honest with you.  However, we have a responsibility to all the residents to maintain what we have in order to maintain to keep you safe.

            A resident asked where is the budget?

            Mr. Goscicki responded I can provide you with a copy.

            A resident stated I have a petition from over 100 residents to hire landscapers to mow around our lake.  The District had the money to pay for the ignorant tree cutters without our approval.  This came out of our tax money and I am not going to pay for it because we did not hire them.

            Ms. Macomber asked are there any other comments?  We will hear from one more resident and then close the public hearing.

            Mr. Chris Cavilleri stated I live at 3002 Coral Ridge Drive.  I run a business in this area and have seen some of the work needing to be done to the pump stations.  I feel a lot of unnecessary money has been spent.  In regards to where the assessments are coming and going, are we paying an assessment of $129 plus an additional $9 every year?

            Ms. Macomber responded no.  You paid an assessment of $109 last year and will only be paying an additional $9.  We appreciate you coming and thank you for your comments.  At this time we will close the public hearing.

 

Ms. Macomber moved to adopt Resolution 2007-8 Adopting the Final Budget for Fiscal Year 2008 and Mr. Hulett seconded the motion.

 

            Mr. Hulett asked in terms of our capital improvement situation, at what point do we want to discuss the specifics?

            Ms. Macomber responded later on this evening.

            Mr. Goscicki stated your budget includes two major capital items; an $850,000 line item for canal dredging and repair and another $800,000 for pump station improvements.  Later on, you will have a presentation by CH2M-Hill on the pump station repairs.

            Mr. Hulett stated I want to thank Ms. Rower for providing me with a breakdown on the shared personnel expenses we share with CSID.  They do some human resource administration for our employees as well as field administration customer service. 

            Ms. Macomber stated I also want to thank you for calling each of us to see whether we had any issues.  This was very prudent and thoughtful. 

 

On VOICE VOTE with all in favor, the prior motion adopting Resolution 2007-8 Adopting the Final Budget for Fiscal Year 2008 was approved.

 

            Mr. Nanni stated the next resolution is Resolution 2007-9 for the levy of non ad valorem assessments.  This establishes the assessment amount going along with the budget you just adopted.

            Mr. Hulett stated this is for approval of the $118.67 assessment.

 

On MOTION by Ms. Macomber seconded by Mr. Hulett with all in favor Resolution 2007-9 Levying Assessments for the Payment of Maintenance Assessment for the Period October 1, 2007 through September 30, 2008 was adopted.

 

FOURTH ORDER OF BUSINESS                    Discussion on Management Services

            Mr. Cranmer stated we advertised for proposals for management services and received proposals from New Communities Strategies, Severn Trent Services, District Offices LLC and District Management Services.  All of these firms have a great deal of experience.  It is the Board’s decision on which firm to hire.  You had adequate opportunity to review the proposals.

            Mr. Hulett stated I have not changed my position from last month.  I personally want to have each of these responders give presentations to the Board lasting 15 minutes in duration to have an opportunity to meet the individuals who will serve as manager.  I also want to have an opportunity to ask detailed questions and select a firm after the presentations.  Obviously we should do this when Mr. Sobers is available.  I suggest we hold a separate meeting before the August Board meeting for this purpose.  This seems to be a reasonable way to proceed.

            Ms. Macomber stated I feel this is a prudent way to proceed.  We need to direct staff to schedule this meeting.

            Mr. Nanni stated we will poll the Board members and schedule the meeting.

 

FIFTH ORDER OF BUSINESS                         Consideration of Drainage Permit Request from Broward Housing Solutions for Construction of Woodside Gardens, 4121 Woodside Drive

            Mr. DaSilva stated this request is from Broward Housing Solutions.  We recommend approval of this permit based on our approval letter with our standard conditions. 

            Mr. Hulett stated the location of this property is the vacant lot at 4121 Woodside Drive.  They are going to build a nice two unit townhouse, which will be an enhancement to the neighborhood.

            Ms. Macomber stated it looks very attractive.

 

On MOTION by Ms. Macomber seconded by Mr. Hulett with all in favor the request from Broward Housing Solutions for Construction of Woodside Gardens at 4121 Woodside Drive was approved.

 

SIXTH ORDER OF BUSINESS                        Staff Reports

A.        Attorney

            Mr. Cranmer stated Mr. Hulett asked me to inquire about the warrant process for other districts.  What I have determined is actually close to what has been done.  Bills come in during our meetings as companies submit bills on varying billing cycles.  If it is something we previously committed to, the custom has been to pay them and then you ratify after paying them.  Anything involving a policy decision like whether to hire a lobbyist in Tallahassee, management cannot write a check when you have not approved it.  However, we had years where we did not have meetings for several months and we do not want the lights to be shut off or incur a late charge on a pump loan.  By speaking with attorneys representing other districts if it is a policy issue, obviously you make the policy decision.  We hire management to perform the administerial duties and they carry out your intentions.  Obviously an electric bill is something we expect.  The pump payments with Riverside Bank are for the loan, which we have to pay on a reoccurring basis.  We hire managers to take care of issues like this.  What we do not want management doing is making policy decisions.  This is why when we approve these warrants, in every respect, we are ratifying bills, which have already been sent out because we either have contracts for them or they are reoccurring. 

            Mr. Goscicki stated we discussed this matter at the last Board meeting and clearly understand we do not have contract authority.  We bring contracts back to the Board for approval.  The only exception is in emergency situations where we have a pump failing and have to get it up and running.  In this instance, we will submit an emergency purchase requisition to get a contractor out there to repair the pump and bring back to the Board for ratification.

            Mr. Hulett stated I appreciate you looking into this.  I have no problem with you paying electric and garbage bills in advance without prior ratification or approval but the bill we were presented with from Mr. Book’s company for $60,000 was not a detailed statement of the services provided.  Not having a Service Agreement or contract in place was of great concern to me.  I preferred the management company bringing this to us prior to the time they wrote the check but paying the routine bills was perfectly satisfactory.  Any further expenditure of this type and nature should be well detailed by the person who did the work as to the number of hours. 

            Mr. Cranmer stated at the last meeting there was discussion about what Mr. Book did in the last session.  I was remiss to mention last year we had an annexation issue.  The City of Margate attempted to annex the east bank of our major east outfall canal because of the fallen trees.  Annexation proceedings started in the legislature and then they had to vote on it.  This was the one issue I was aware of Mr. Book working on but I did not mention it at the last meeting.  We were not particularly concerned about this because we had the City of Coral Springs in our corner.  Mr. Book is a well accomplished attorney and lobbyist.  He did a good job on the independent districts.

            Mr. Hulett stated he has done a lot for us.  For the benefit of the audience, the $60,000 expenditure for the lobbyist was eliminated from this year’s budget, which I am extremely happy about.

            Mr. Cranmer stated the next issue relates to Phase II of the canal bank restoration, which as of the last meeting was 75% complete.  It was inevitable there will be errors.  Our contractor took responsibility for the error in Broken Woods.  Apparently a homeowner had seven large trees, which were clearly marked under our program with a red “x”.  Notices were sent out and everyone thought they were nuisance trees, however, they were mis-identified through the sub-contractor’s arborist.  There was some confusion on the species of tree.  There was a minor error in the actual line of our right-of-way.  This gentleman did not know there was a problem until I found out later on.  Thanks to the efforts of Mr. Colussy, we received a survey showing some of these trees were actually in our right-of-way and we had a right to remove them.  Several were slightly inside of this homeowner’s property line and two were on the line.  These are large trees with big trunks.  The homeowner filed a lawsuit against the District and the sub-contractor, Stiles. 

            Stiles instantly offered the amount of money the homeowner sued for and then he changed his mind.  However, the homeowner is now talking to the city.  I should have an answer tomorrow on what he wants to do.  On Monday, there is a pre-trial conference, which our insurance carrier and I will attend.  If no decision is made at the pre-trial conference, it will go before Small Claims Court.  There is a sovereign immunity statute limiting our liability but also states he has to give six months notice to a state agency and to us prior to instigating a lawsuit.  However, this is only a technicality and does not mean he is not going to get the results he is seeking.  I am hopeful the District will not end up paying for this problem.  There is retainage in our contract with AEM as they hired the sub-contractor, Stiles.  Stiles already offered to resolve this matter but the number has not been settled on.  The homeowner is aware the District wants to make him happy and this is what we intend to do within the limits of our liability and responsibility.  I am happy to report our contractor and sub-contractor behaved in a responsible and forthright manner.  It is amazing this is the only problem.

            Ms. Macomber stated it is interesting to see how close his trees were to our boundary line.

            Mr. Cranmer stated I have a copy of the survey and can provide copies.  In one case, we are only talking about a four inch difference.  The trees at the northern end are the ones slightly inside of his property line.  The ones in the center are in our right-of-way.  TOB stands for top of bank and the edge of water.  We could have removed them but allowed them to remain.  We had a right to take them.  The southern ones are a couple of inches off center but the trees are so wide, they straddle the line.

            Ms. Macomber asked is the homeowner aware?

            Mr. Cranmer responded he called me last week. 

            Ms. Macomber stated it sounds like this was a close call.

            Mr. Cranmer stated it was.

B.        Engineer – Evaluation of Stormwater Pump Stations 1 & 2

            Ms. Macomber asked is this item in regards to the report we received?

            Mr. DaSilva responded yes.

            Mr. Colussy stated to expand on the tree issue; we are over 90% complete with the tree removal program.  Almost all of the large trees were removed, although there may be one or two remaining.  The contractors and sub-contractors are in the process of going back to all the individual areas and doing a cleaning and re-sodding if needed.  After this is completed, we will contact Mr. Selchan and have him do an inspection of each area.  If he is satisfied, he will sign off on the area as acceptable.  We hope to have all of this completed by the end of July.  If we had a storm event tomorrow, we will be in good shape.

            Ms. Macomber stated sounds great.  It is hard to believe we are finally at the end.  This is good news.

            Mr. Colussy stated in regards to the pump stations, we took the proposal we provided to you at last month’s meeting and are in the process of revising it.  We are finalizing the technical material.  I hoped to have a version available for this meeting but after meeting with Mr. Selchan, there are some items we wish to clarify.  We have been able to get in touch with Tamarac’s Engineering Department.  Within the last few years, they constructed three new pump stations along the C-14 canal.  These are the types of pump stations we envision for the District.  They will take us through a tour of the stations.  We are going to meet with the Engineer and Project Manager.

            Ms. Macomber asked are these electrical?

            Mr. Colussy responded they have gas engines but electric motors.

            Ms. Macomber asked are those the ones we talked about converting over?

            Mr. Colussy responded yes.  The summary sheet I provided to you is a summary of the actual report.  We listed all of the items needing to be updated and gave you two options.  The first option is to do the repair and upgrades but continue using the existing LP gas engines.  The second option is to remove the LP gas engines and replace with electric engines.  If we go with option one, the cost is $500,000 in upgrades.  The hours on the existing engines are not high.  If we do these upgrades, those stations will perform well over the next five to ten years.  Option two is much more expensive but it is the preferred option.  Electric engines are the way to go as they are more reliable due to the fact both stations have power directly to those sites rather than through the FP&L facilities for a small expense.  In addition, we will have a diesel generator backup so if a storm event knocked FP&L out, we will still have the ability to run the engine.  Electric engines are more readily available and require less maintenance.  Less control is required.  It is a better way of operating your facilities.  Option two is the better choice but we realize there is a higher cost involved.

            Mr. Goscicki stated Mr. Colussy met with staff.  Obviously this is a $1.5 million cost and you only have $800,000 in your budget.  In discussions with Mr. Colussy and the engineers, you have four to five years useful life on the existing facility in terms of the existing LP gas system.  Mr. Colussy stated his opinion to move to the electric engines.  However, this is not a tomorrow issue.  The other issue is the maintenance.  There are things needing to be done and having to be done, which total $500,000 and is clearly within your budget.  I wanted Mr. Colussy here to go over the options so the Board could see what we are looking at.  We clearly need to proceed with the first phase and complete the repair work.  As we move forward, we can look at the financial position of the District and make this a long term decision in terms of changing out the engines.

            Ms. Macomber asked can we do this project in phases?