MINUTES OF MEETING

CORAL SPRINGS

IMPROVEMENT DISTRICT

 

            The regular meeting of the Board of Supervisors of the Coral Springs Improvement District was held on Monday, August 14, 2006 at 4:00 p.m. at the District Office, 10300 NW 11th Manor, Coral Springs, Florida.

 

            Present and constituting a quorum were:

 

            Bob Fennell                                                President

            Glen Hanks                                                Vice President

            Sharon Zich                                                Secretary

           

            Also present were:

 

            John Petty                                                  Manager

            Dennis Lyles                                               Attorney

            John McKune                                             Engineer

            Jean M. Rugg                                             Severn Trent Services

            Janice Moen Larned                                   Severn Trent Services

            Randy Fredericks                                       Field Supervisor

            Doug Hyche                                               District Staff

FIRST ORDER OF BUSINESS                         Roll Call

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

Mr. Fennell stated at this time, we will take audience comments on the tree removal issue.

Mr. Richard Gaunt stated I live on NW 2nd Manor.  The difference between the canal and my boundary is fairly small.  I am concerned because there is 12 feet between my flower bed and the water line.  I constructed a wall, which I received your permission to do.  I am concerned you are going to remove my flower bed.

Mr. Fennell asked did you receive a letter in the mail from us regarding what we are going to do?

Mr. Gaunt responded yes.

            Mr. Fennell stated we did not have much of a chance to explain in detail what we are doing and why we are doing it.  I have lived in Shadow Wood since 1979, which is the eastern part of Coral Springs. When I moved here, everything in the western part was bare rock and trees next to a canal Westinghouse left in order to make sure there was a canopy.  At the time, Westinghouse was the primary builder.  These are drainage canals.  Westinghouse did not put up the money, nor did the city, county, state or federal government.  They set up a Special Taxing District and issued a bond.  The canals are owned, dug out and paid for through this bond issue.  Every home in the District gets taxed, whether or not it is on a canal.  I do not live on a canal and I pay the same amount as someone who lives on one.  Awhile back we finally paid off the canals.

            Westinghouse did a good job by bringing in an engineering group who looked at both the east and west basins.  We are surrounded by canals on all sides and are dependent upon a pump station and a certain area being built up so we can get flow to the ground.  Then we hope we do not get much rain while we are trying to pump out the water.  There was a model from 30 years ago when there was nothing here but a plan.  Since that time, the community was built out and we have less area.  All the trees next to the canal grew very tall and are now a hazard.  With Hurricane Wilma, we had a good demonstration of what can happen in a wind storm.  We came back and had our engineers run a computer study on what will happen to our areas if we have a 10 year, 15 year or 100 year rain.  We performed some “what-if” scenarios such as what happens to the water if a tree falls and blocks these canals.  The engineers came back with some surprising answers.  It turned out we have to be careful about anything falling into these canals and blocking the right-of-way. 

            They also found out not just the canal area was affected.  The city and others have permits in private areas.  There is also drainage under the road CSID is not responsible for.  However, if they get blocked we can be in serious trouble.  We came back with a strong recommendation from our engineering company who said, “We need to make sure these canals are free, ready to flow and do not get blocked”.  At Mr. Hanks suggestion, we brought in an Arborist to tell us about these trees and where they should go.  After we removed the trees, the Arborist surveyed our area and looked at what we still have. 

The Arborist came back and said, “If the tree is going to have a chance standing up in a hurricane, the root ball has to be big and wide as it is high and deep.”  Unfortunately for most of the area around here you can plant it wide but not deep.  You also do not want any imbalances around the root ball.  One way to get this is to plant a Mango or Cypress Tree next to a canal, which can absorb the water.  Any other tree than those trees, the roots will die.  I saw a tree fall backwards off the canal and onto a house.  This was because the tree did not have even roots.  The third problem is all of our banks are made of coral.  There is no dirt for the roots to adhere to and the canals are made so the high water mark goes to the top of the canal.  This is how these drainage canals were designed.  When this happens, the water comes in and becomes supersaturated.  His recommendation is not to plant trees in the canal right-of-way because they not only block the canals but are a danger to the homeowners.  Despite the problem we normally have with trees, they are even a bigger danger than we thought.  You may get some advantage by the fact the canals often angled and hope they fall in the water but there is a real issue if the roots are not there.  A real weak point for the tree is growing backwards towards the property owners house.

The Arborist gave us some recommendations for trees good for Florida for planting.  We are in the process of trying to mesh this list with the city.  He also recommended removing trees from the right-of-way.  On the other hand, some residents like their trees.  They planted them and they consider the land theirs.  It is actually not all of their land as the District owns the canals.  Somehow trees got planted on public property.

Mr. Hanks asked what does the city say about maintaining property owned by a homeowner?

            Mr. Fennell responded in the past, the landowner is supposed to maintain their property down to the water’s edge and keep it to the shape of where water will flow.

            Ms. Linda White stated most of our homeowners take impeccable care of their yards.

            Mr. Hanks asked are you in the Oaks?

            Ms. White responded I live on NW 2nd Manor.

            Mr. Fennell stated we have some troublesome areas such as the commercial property.  In some cases, in the commercial areas there was supposed to be a tree barrier.  However, instead of planting the trees on the commercial property side, they planted the trees along the canals and never maintained them.  We had an amazing amount of difficulty from them.  We also have homeowners who tried to maintain their property as well as they could, but were not aware of some of these issues such as how dangerous the trees are.

            Ms. White stated all it takes is common sense.

            Mr. Gaunt stated the majority of homeowners are looking for selective removal.

            Mr. Hanks stated at the last meeting, we approved the removal of trees listed on the city’s exotic invasive or pest species list such as Maleaucca’s and Australian Pines.  If you were building a new house, under city code you have to remove those trees.  We are just trying to remove the bad species of trees identified as pest plants.  They are either identified as a pest because they have weak wood or aggressive roots.  We also wanted to take a look at native and ornamental species trees within the District right-of-way.  If your Firebrush Tree is located on private property, we are not touching it.

            Ms. White asked where does the District right-of-way from the edge of the canal go to?

            Mr. Hanks responded it varies depending on the location of the subdivision.

            Ms. White stated we purchased our home five years ago and lost a couple of feet in our backyard in the last five years.  As every year goes by or there are more storms, we lose more property in our backyard.  We want to do the same thing as our neighbor, which is to build it up slightly so we have more of a buffer zone. 

            Mr. Hanks stated we need to take a look at the plat for your area to see what lot you are on and where the District right-of-way is.  Hopefully we have some indication of where the canal is.

            Mr. Petty stated this certainly is a way we can check it, although any requests from homeowners do not incur costs by the District to do the survey work.  We refer them to the Property Appraiser.  You can measure from the back of your house but we certainly can do it.

            Mr. Hanks stated if you have a reference point within your property, you could measure it out.

            Ms. White stated we would like some piece of mind.  I think I speak for everyone when I say you are bringing in a bulldozer to go all the way around the canal and remove all trees that could potentially fall down into the canal. 

            Mr. Petty stated we have been talking to the city about this matter because they are more politically sensitive than we are and the residents receive a broader response.  We understand the residents need to understand why we are doing this and what is occurring.  We are going after these non-ornamental, nuisance or exotic trees, which are the Australian Pines, Florida Holly or Brazilian Pepper Trees.  We are seeking a permit to remove the Ficus Trees at the same time under this current contract.  We have many old Ficus Trees in the commercial areas we want to remove.

            Mr. Glen Dworkin asked commercial or residential?

            Mr. Petty responded mostly commercial but some residential within our right-of-way.  There are going to be guys back there with chain saws and large equipment.  The right-of-way is for our access.  If I need to get a piece of equipment through an area you planted in, we are going to drive through there.  This is part of the reason why the right-of-way is as big as it is and the water is only a certain percentage.  This first phase is not to take down everything but as we bring in equipment to maintain the canal, we are going to drive over some of this material, even though the tree is not on your property.  This is the only way we can get in.

            Ms. White stated you explained this fairly well in your letter.

            Mr. Gaunt stated you are losing land and will encroach on our land to get to your right-of-way.

            Mr. Fennell stated this was an issue the engineering firm brought up and one of the reasons why; it was not a question of us cutting down trees.  We actually had significant issues with these trees because when they fall over, they take part of the bank with them.  Another way to remove them rather than pulling them out, is to flat cut them the best we could so they will not tear up the bank.  You are correct.  Erosion is an issue and is becoming a problem.  It is something we are concerned about, although we are not to that point in Shadow Wood where we have this issue.  However, this may be an issue in the older part of Coral Springs.  We will actually have to go back and re-dredge those canals and rebuild the banks.  We will do this when necessary.

            Mr. Dworkin stated Mr. Petty said Phase 1 was to remove the nuisance trees.  What is Phase 2 and will there be any other phases?

            Mr. Petty responded the intention is to clear the canals of anything dangerous to the drainage system which can cause flooding.  This is our intent.

            Ms. White asked anything under the water?

            Mr. Petty responded anything that can hurt the hydraulic of the water.  We have a model for blockage in the pipes.

            Mr. Hanks stated first we have to obtain a permit from the City of Coral Springs for removal of the non-evasive trees.  Then we have to look at them on a case by case basis to decide whether or not they are a danger to the flow.  Would we have to do anything to compensate for the loss of those trees?

            Mr. Petty responded we are talking with the city about “what if” scenarios.  Mr. McKune is working on the current phase, which is an application for the trees not requiring a permit or compensation or mitigation, with the exception of the Ficus Trees which have some value. 

            Mr. Fennell stated we ran hydraulic models and the engineers told us what the problems were going to be and what flooding issues we could run into if in fact we blocked off any of these canals.  There are some real issues here.  We have two Drainage Districts.  University Drive is the dividing line to Royal Palm Boulevard for the east side, which is one Drainage District.  There is another Drainage District on the west side.  Each one has separate basins with different and unique problems.  The west side has more going for it because of Lake Coral Springs, which is a place to store more water.  Our canals run down to a pump station.  Where I live near the park there is a street and if you block the water flow through Shadow Wood to Ramblewood and into Royal Palm Boulevard, it will flood the entire area.  Not only do we have problems with trees but we need to go back to see if we need to do reconstruction of the canals.  I would love to talk to SFWMD about how much water we can pump out but we are legally bound by how much water we can draw out of the canals during a flood situation.  They will only permit us to take so much out.  At this point, it is a race between the water rising and local flooding. 

Another problem is some pipes are not being maintained for 30 years.  If a pipe gets blocked, you will have 100 different little floods all over the city.  Our hydraulic Study showed us we have a clear and present danger for flooding.  Furthermore, our Arborist informed us planting trees in the canals is the wrong place to plant them as they do not survive well.

            Mr. Dworkin asked when did you determine you had a problem with flooding?  Was it recent?

            Mr. Fennell responded the area built out and there are three places where the water drains.  One place is where we store water.  This is what prevents us from flooding and the fact we have canals around the area.  Some canals run sideways like the C-14 or some drainage canals come down from the areas north of us.  If those caved in, we also flood.  Up until now, the dangers we had during storms have not been very bad.  We had a few trees in the water, which our crews removed.  The city had more of a problem than we did.  This last storm showed us for sure the canopy grew out of control and was too big.  We wondered whether this problem actually happened and how come it never happened before.  This is when we commissioned a study to do a complete hydraulic modeling of both areas in our District to find out what would really happen.  When it came back, it gave us a surprise. 

            Mr. Dworkin stated in all the time I have been living here, you never sent the residents a letter for cutting down plants.  We request selective removal of the trees.

            Ms. White stated not just a blanket decision to take everything out.

            Mr. Gaunt stated in other words, if you can drive a pickup truck along there, it should be enough for you to manage. 

            Mr. Fennell stated you need to make sure these trees do not fall in the water.  Can you guarantee it?

            Mr. Dworkin responded we can handle them ourselves.  We took care of the lake in the southeast part of Coral Springs ourselves.

            Mr. Hanks stated another reason we want to maintain more than just a 12’ strip is to address the erosion problem.  Eventually at some point we recognize we are going to have to get back in with heavy equipment to do some bank restoration.  It all comes down to time and money of when we do it and where we get the money.  Restricting heavy equipment to a 12’ area is going to create some problems in the future as far as maintenance activities.

            Mr. Gaunt stated in my case, if you remove more than 12’, you will be on my property.

            Mr. Hanks stated if you have a five foot strip of District right-of-way between the edge of water and your property, this is all we are going to be able to touch.

            Mr. Fennell stated a couple of canals were cut back.  You are referring to the areas north of us.  They came in a couple of years ago and finally cleared out the canals.  So far, the reactions have generally been strong and prevented cutting in the past.  It has not been balanced enough with the inordinate danger to us all.  The worst thing happening to us is we flood out.  We can take a lot of wind damage and trees down but if each of us has six inches of water in our house, all of the carpet will be gone and you will have to rebuild.  If you are looking at the greater damage, this is probably it.  This is because it is in the flood plane.

            Mr. Hanks stated if you flood out, you are going to have sewage mixing with the flood waters.

            Mr. Gaunt asked can we get a guarantee before they start work that someone will knock on our door and say, “We would like to remove some of your trees”?

            Mr. Hanks responded you addressed some specific concerns. 

            Mr. Petty stated it is the District’s responsibility to handle flooding.  While I understand your need to want to know more, we will certainly take your name and contact information and tell you when we have a public meeting.  We plan on having two meetings to discuss this matter further.  We would be happy to talk to you any time you have a concern.  We put out door hangers and plan on putting out additional door hangers when our contractors are nearby.  We cannot make any guarantees.  We have to be able to do our job when the need arises, whether or not we can get a hold of you.  I will make sure you receive all the information we have.

            Mr. Gaunt asked is there any way to get someone on-site at the time they intend to do the work?

            Mr. Petty responded our engineer is going to be on-site with their crews and behind them a couple of our field employees will be doing customer service.  Watching this contractor will be two sets of eyes.  If you have an issue, they are going to try to answer your questions.  However, by the time the contractor gets out there, there will not be any time for you to move things around.  This is why we sent out the door hangers.

            Mr. Hanks asked are they going to come through the first round to take care of the exotics?

            Mr. Petty responded yes. 

            Mr. Hanks stated they will not touch the native species.

            Ms. White asked will there be general notification of the time and date you are planning to be back there?

            Mr. Petty stated responded we intend on putting out another door hanger when the contractor is nearby but I cannot put it out within 24 hours with a guarantee.  He may go out and come back because of weather and mechanical problems.

            Ms. White asked will you automatically notifying everyone in the area when there is another public meeting to discuss any other issues regarding this matter?

            Mr. Petty responded yes.  It is our intent to advertise a meeting in the Sun Sentinel in the public notices section of the newspaper.  We are hoping to have the meeting at a library or hotel.  The schools are not answering their phones because it is the first day of school.  We are looking at five locations including the City Center if they will cut us a deal because it is somewhat pricy.  We are hoping to have two public hearings so residents understand this issue, particularly planting anything on the slope.  Everything on the slope is going to fail, no doubt about it.  When I raise the water table, and I will, every root ball is going to try to hold itself up in a bowl of water. 

            Mr. Hanks stated we have been lucky with the last three storms as they were dry storms.  The problem is with a wet storm dumping 10 inches or more rain.

            Mr. Dworkin stated now you are saying everything on the bank is at risk of being removed irrespective of where our boundary line is.

            Mr. Petty stated the right-of-way line goes past the top of bank.  Your land goes up to your building pad but when we dug the canals we stopped at elevation 10.5’ and your pad is typically 12’ or higher.  We consider this to be top of bank.  By design, the water management system is supposed to let water rise in the canal until it gets to this level.  This is the maximum storm we can handle with our pumps.  Everything planted from 10.5’ down will fail.  Eventually it is going to fail by design.

            Mr. Dworkin asked where is the water line today?

            Mr. McKune responded it depends on the water but usually it is 6.5’ to 7’. 

            Mr. Dworkin stated I have lived here for 25 years and have not seen it happen.

            Mr. Petty stated we received 17” of rain with a no name storm, which raised the water table all the way up.  The engineer can tell you under these design criteria with the hydraulic model we built on the computer, it does everything but hand calculations but gives you the ability to say, “What-if”.  The report talks about the speed of the water and other items which are probably useful to you as well.

            Mr. Dworkin asked are you saying everything slanted along the bank goes to 20’ to 30’?

            Mr. Petty responded everything goes to the elevation of control, which is 10.5’, the elevation above sea level.  Everything below 10.5’ is part of our system, which will be inundated with water by design at some point.  Any trees planted in there will fail.

            Mr. Hanks stated if a great deal of water is dumped during a storm and your ground becomes saturated, the soil becomes weaker.  If you ever walked across muddy ground when it is wet, if you jump on it, it flattens out in one place and feels spongy.  As a tree blows and starts hitting roots, at some point it will fall over.

            Mr. Dworkin stated this is why you need selective removal.  A Cypress Tree will not do this.  Not only that, Cypress Trees keep the soil from eroding as they grow roots at the bank.

            Mr. Fennell stated they have one big flaw, which is they rot from the inside out.  I had three Cypress Trees in my yard.  They are not very strong and actually end up with a hollow core.

            A resident stated we are tying to get a definition of the easement.  If we get to 10.5’ and the erosion is bad, the water can go anywhere from 12’ to 20’ to get to the 10.5’ elevation level.  What is the maximum?

            Mr. Hanks responded the maximum does not change.  It is whatever the right-of-way is specified per the plat or deed.  Where your property ends on your deed is the end of your property and rest is District property.  It has nothing to do where the water level falls.  This is my understanding.

            Mr. Dworkin asked in Phase 2, are you going to clear out everything in the area?

            Mr. Petty responded Phase 2 has not been decided and is still under discussion.  We hope to have public meetings to talk to the residents about our concerns and get their feedback.  The Board has not made a decision.

            Mr. Hanks stated keep in mind, we are trying to balance your desire to save your tree with the need for providing flood protection to the overall community.  This is what we are trying to strike a balance on.  If we do not do anything and we have another hurricane, all of the trees will go back into the canals and we will have another horrendous bill for hurricane damage.

            Mr. Fennell stated we are going to have to double our assessment this year just for this reason.

            Mr. Dworkin stated in our subdivision, the homeowners took care of their own trees.

            Mr. Petty stated for the homeowners who did that after the hurricane, thank you very much.  We were very appreciative of those homeowners who understood their responsibility.  However, the damage was so extensive it was beyond so many people’s capabilities.

            Mr. Fennell stated the area around the corner towards the mall was a disaster.

            Mr. Hanks stated when you get Australian Pines 30’ to 40’ high, it is a disaster.

            Mr. Petty stated that is precisely why this Board decided to go after the ones that were a priority.  We wish to take public input and evaluate the situation again.  A second phase has not been decided on.  Our concern is still the same regarding whether or not we are going to cause a flood concern.  Right now, we want to see what the impact is.  This is why our contractor is taking out those species.  We consider Ficus Trees to be an additional concern for us because after the storm we saw so many of these trees down and the damage they caused to the bank was unbelievable.  It took 500’ to 700’ of bank away.

            Mr. Hanks stated we do not have a target set on your Cypress Trees.  I prefer we make every effort to preserve what we have.  We lost so much already.  We value your input but we are also looking out for the overall community and what we can do to protect everyone.

            Mr. Dworkin stated the selectiveness issue seems to be fairly vague.  What concerns most of us is who is going to be doing the selection, what are the guidelines at that time and day of the week, etc.?

            Mr. Hanks responded as far as the first phase of removal, my understanding is we are going after only those trees listed on the city’s nuisance species list, which is listed in certain sections of the city code.  You can contact the City Forester to find out if there is a certain species list.

            Mr. Petty stated the selective part was requested by the residents.  You did not hear this from us.  We are not selectively removing trees.  We are going after non-ornamentals, referred to as nuisance or exotic trees.  There are four varieties; Maleaucca, Florida Holly, Australian Pine and Ficus Trees.  We want to hold at least two Town Hall style hearings.  This is our intent and what this Board instructed staff to do.  The Board is continuing its discussions with the city and it’s Arborist on their own. 

            Mr. Hanks asked as we go through the first phase, will we be recording which trees are native or ornamentals falling within the area of concern?

            Mr. Petty responded getting back in there may cause some trees to be removed.  Therefore, the impact has to be after removal of these trees when the engineer will re-evaluate and tell the Board what its exposure is on, whether there is 10 to 20 percent left.  We are currently estimating 50 percent of the trees there before Hurricane Wilma were still there after the storm.

            Mr. Hanks asked how many trees are on the nuisance species list?

            Mr. McKune responded the majority are Ficus Trees.  This is the problem we are currently having with the city.  After the nuisance trees are removed, they have been keeping records of each property and what those remaining trees are you may want to save.  When we are done with this phase, hopefully we will know what is on each property. 

            Mr. Dworkin stated saving them is not a concern because it does not meet the criteria of nuisance trees.  Are we cutting trees that are no longer nuisance trees?

            Mr. Fennell responded we might.  If they are in a right-of-way, it is probably our responsibility to remove it.

            Mr. Dworkin stated I spent $1,200 removing what I considered to be nuisance trees after the hurricane.

            Mr. Fennell stated there was a big discussion about who should be paying for those trees.  Frankly it is for the greater good of the community.  Some people are saying, “He knew better than that to plant it there”, “Why are you and I paying an extra $100 next year to help him remove a tree he should have removed”.  However, we have been able to put this aside.  There is a real safety issue.  It is not just speculative.  Frankly we are going to go over it again in the models.  There is a real danger.  I think there was a lesson learned in New Orleans.  Why do you think New Orleans flooded?

            Mr. Hanks responded due to bad design.

            Mr. Fennell asked did they know about it?

            Mr. Hanks responded yes.

            Mr. Fennell asked did they fix it?

            Mr. Hanks responded no.

            Mr. Fennell asked did they have local Boards like we have as well as the Army Corps of Engineers?  They could have done something but for a variety of different reasons, whether aesthetics or something else, they did not do anything.  You and I are in this same position.  As the area built up the drainage problems became worse and these trees keep growing every year.  These are not the small trees I planted in front of my yard in 1979.  One tree came down on top of my house and caused $3,000 worth of damage to my car.  When you are talking about canopy, no one talks about the city getting destroyed or a tree coming down on top of your house.

            Mr. Hanks stated in 1995, SFWMD went through a complete building code revision.  You cannot build your home the same way it was built in 1975.  There is a whole new building code because lessons were learned as a result of Hurricane Andrew.  Now they are looking at the code saying, “We have to improve the code due to Hurricanes Frances, Jeanne and Wilma”.  I am not looking to take out everyone’s trees.  I do not want to do it.  I love trees but we need to improve how we operated in the past.

            A resident stated after Hurricane Andrew, nothing was done.

            Mr. Fennell stated actually the South Florida Building Code was improved because of Hurricane Andrew.  Unfortunately the northern part of the state, which believed itself to be immune from hurricanes will not establish the same laws.  They do not have the same laws and they need to.  There is nothing to say a hurricane cannot hit Jacksonville.  It certainly can.  Rather than react to New Orleans and try to rebuild infrastructure that is not there, we are trying to determine the best thing we can do to ensure a close call teaches us some lessons.  You are actually better not having the canal.  The problem is the concrete proof does not come until after you destroy the city.  We are trying to now say, “We saw some things that told us we should have been more rigorous in the past.”  Perhaps we should have been clearing these trees beforehand and working closer with the city to make sure the trees are planted in the right spots and are the right type.  I agree with you.  In the future, we will periodically be sending pamphlets to each resident in the District regarding what types of trees need to planted, where they need to be planted and what to look out for.  Frankly, it is not just the canals that are in danger but your houses are in danger too.  The debris coming from my Black Olive Tree, which was 40’ to 50’ blew across my house.

            Mr. Hanks stated which is not a native tree.

            Mr. Fennell stated it was an approved tree yesterday.

            Mr. Hanks stated the residents need to plant more Red Maples or Cypress Trees, which live in the water. 

            Mr. John Sirko asked have you engaged a contractor for Phase 1?

            Mr. Fennell responded we have two contractors.

            Mr. Sirko asked were they paid and if so, how were they paid?  Are they paid by the volume they remove or what you tell them to remove?  In other words, will they be aggressive in taking out the trees because they are going to be paid to do so.

            Mr. Petty responded they will be authorized to remove everything designated by our engineer.  Our field staff will be on-site as well.

            Mr. Sirko asked will the engineer identify the trees and tag them with colored ribbons?

            Mr. Petty responded we will hold the contractor responsible.  If an ornamental tree is removed, which is not on the nuisance list, the contractor will be held accountable.  We will be held accountable by you the homeowner and we will hold our contractor accountable for the contract.  If you are looking for anything better than this, I do not know if I can offer it to you.

            Mr. Sirko asked are they paid by the volume of trees?

            Mr. Petty responded no.

            Mr. Fennell stated the contractor we are using is the same one who removed the trees the first time around.  He also took care of the streets in the south part of Coral Springs.  This is a known contractor. 

            Mr. Petty stated Stiles submitted the lowest bid on this project; however, Arbor Tree did the clearing.  Our engineers are monitoring the job to make sure it is in compliance.  In order for them to be in compliance, they must go after the four species of trees I referenced earlier.

            Mr. Sirko stated you are also clearing away anything in the way of getting to those species.

            Mr. Petty stated correct.

            Mr. Sirko asked are you going to take pictures and measurements?

            Mr. Petty responded no, but certainly feel free to do so and do whatever you need to in order to protect your property.  If you have any special concerns, please call the District Office.  Staff is going to be on-site and we will be watchful.  I do not live on a canal but if there is something you want us to watch over, please call us and Mr. Fredricks and his crew will be happy to talk to you. 

            Mr. Sirko stated as long as the trees are going to be tagged prior to their removal so we can see what is being targeted, I am satisfied.

            Mr. Petty stated they are not going to be tagged.

            Mr. Dworkin asked how do they know what to remove?

            Mr. Petty responded they have an Arborist on staff.

            Mr. Hanks stated the Arborist will be identifying the trees.

            Mr. McKune stated there are many people who do not want red “x’s” on their trees.  They may or may not come out depending upon the final negotiation with the city based on the permits we receive.  When the nuisance trees are removed, we are instructing our people to locate each tree in regards to its distance from the edge of the water on each property, the size of the tree and the type of tree.  When we are done, we are going to know what is there.

            Mr. Dworkin stated I am worried about the ornamental trees.

            Mr. McKune responded those are the only ones that should be left when we are completed with Phase 1.  The question remains is whether I am too close to the water.

            Mr. Hanks stated if you look at your survey, you will see set back lines from the rear.  Use a tape measure and you will know whether or not you are too close.  Typically the city did not allow residential construction right up to the rear property line.  Therefore, there is likely to be at least a 15’ set back from your structure to your rear property line.

            Mr. Petty stated unless your structure has a screen enclosure around the pool.

            Mr. Dworkin stated it does.

            Mr. Hanks stated this would also fall within the set back requirements.

            Mr. Petty stated the city gave some exceptions in the early years in order to sell the lots.

            Mr. Dworkin asked how big is the easement?

            Mr. Hanks responded we are not talking about the easement.  We are referring to District property.

            Mr. Dworkin asked how wide is the District property?

            Mr. Petty responded it varies according to the street.  We do not have the blueprints with us.  Your survey gives you better information than most and is available online.

            Mr. Dworkin stated on my property I have an easement but beyond the easement there is a District right-of-way.

            Mr. Petty stated in many easements, there will be telephone and cable TV lines.  This is the easement they are referring to. 

            Mr. Fennell stated in closing, we are trying to balance public safety against the aesthetics of the city.  We should have been more rigorous about this in the past.  I think we need to do more education and sharing of information with residents of the District regarding where they should be planting and what type of trees to plant to prevent these problems in the future.  We are one of the few people who have a hydraulic study.  When this problem came up, I said I would call SFWMD to find out what is going on in my area and what our real probabilities of flooding are.  The answer came back that no one knew anything.  They asked us who originally designed the property and when we said Gee & Jensen, they said, “This is where we obtained our information from”.  No one looked at it in 30 years.  All the other agencies had not either.  We actually have one of the best studies around currently.  Our goal is to keep our area beautiful.  We will be having additional meetings.

            A resident asked are Palm Trees a native plant?

            Mr. Fennell responded it depends on where they are located. 

            Mr. Hanks stated they are not on the exotic list.

            Mr. Fennell stated keep them away from the edge of the bank.

            The resident stated I have a Pine Tree 17’ to 18’ from the water’s edge.

            Mr. Petty stated this is a fairly strong plant according to Arborist. 

            Mr. Hanks stated there was an article in the Sun Sentinel about the six worst and best trees.  Queen Palm was among the six worst trees for hurricane resistance.

            Mr. Petty stated mine went down.

            Mr. Hanks stated Sabal Palms and Foxtail Palms are listed among the six best.

            The resident stated I have two 20 year old Queen Palm Trees but they are 17’ to 18’ from the water’s edge.  Will they be removed?

            Mr. Hanks responded they may or may not. 

            Mr. Fennell stated we need to do something about this.  The engineering study and the report from the Arborist recommended keeping trees away from the water.  There is a small drain flowing out to the C-14 Canal.  We are limited by SFWMD on how much we can drain out.  Then there is a question of how much water the canals can hold before water will overflow the banks.  The system was designed for the water to rise up to a certain level in a 10 and 100 year event.  If we go beyond the 100 year event, we are in trouble.  However, we found out we are in trouble at the 10 year event.  It depends on the area you live in.  We are all in trouble if these canals do not flow, as we could have significant drainage problems.  We never had this problem 20 years ago because there was nothing to get in the way and now there is.  In the future, we may have to look at some of the streets, especially some of the areas around 2nd and 3rd Street as the culverts are small.  We may have to build bigger culverts or some parallel paths.  We are going to try to mitigate as much as we can.  Be prepared in the future to re-design these canals in a way to give us a better safety margin than we currently have.  I live in the east District and I am not happy with the safety margin we have.

            Ms. White stated we will take measures to protect ourselves at this point.

            Mr. McKune stated what Mr. Fennell mentioned about plugging the culverts is true.  The culverts need to be clear.  If you picture the palm tree near the water, aerodynamically it will withstand the wind but the fronds falling into the canal will go downstream and block the culverts.  Even though the tree will stay, the fronds will not. 

            Mr. Petty stated we are looking at an engineering answer to try to mitigate these types of blockages.  We are doing more than just clearing the banks of nuisance species.  We are also looking at hydraulics.

            Mr. Fennell stated thank you very much for coming.  We understand the interests you have and appreciate it.  We have the same interests.  This is our number one concern.

            Ms. White stated we just want clarity.

            Mr. Petty stated thanks for taking the time.  It is nice to have guests.

 

SECOND ORDER OF BUSINESS                    Organizational Matters

A.                 Appointment of Supervisor to Fill the Unexpired Term of Office (6/2007)

            Mr. Fennell stated we have a couple of people here today to volunteer to serve in the unexpired term; Ms. Rhonda Calhoun and Ms. Sharon Zich.  We are familiar with Ms. Calhoun from her City Counsel days.  We will give them five minutes to explain what they can bring to the Board.

            Ms. Zich stated I have lived in South Florida since 1970 and in Coral Springs since 1978.  I have a degree in accounting and worked for one of the major builders in Coral Springs as an accountant.  This position ended in 1986 when they were purchased by Lennar.  I worked for a CPA for a few years and then for Ameripath.  I have always been a numbers person and an accountant all my life.  I am currently unemployed by choice as my children graduated college and I decided to take some time off.  I live in Shadow Wood off of Riverside Drive and went through the flooding of 1979 when the entire area was under water.  I had only moved in a few months before and thought there was no way we were going to flood but my garage was under water.  It is amazing we have not had flooding since then.  Water has always been of interest to me with the hurricanes.  I am not an engineer but my experience is in accounting.  My children grew up in South Florida and I have been married for 35 years.  When I heard about this opportunity, I thought I could help as I have the time.

            Ms. Calhoun stated I have lived in Coral Springs for over 20 years.  I live in Glen Isle on a canal.  It was interesting to hear some of the earlier discussion.  I have recently completed 12 years of public service on the Coral Springs City Commission, which I believe is an asset to this Board as I have relationships with key people within the city.  I think this will help me be a good ambassador for CSID.  I am now employed by the Broward League of Cities as an Assistant Executive Director.  I will be taking over the Executive Director’s position when the Executive Director retires in September of 2006.  When I served as a Coral Springs City Commissioner, I was a relationship builder.  There are many issues the District needs to look at, not only hurricane issues but mandates coming from Tallahassee as well as water quality issues.  I am familiar working with the legislatures on some of those issues.  I have 12 years experience working for a high performing fiscally conservative Triple-A Wall Street municipal corporation and have familiarity with budgets, bond issues, RFP’s, public hearings, etc.  I am wondering whether I want to do this again but then I watched what Mr. Fennell did when everyone left.  Everyone laughed and had a good time and I appreciate that.  If you are going to be doing public service, you must enjoy what you are doing.

            I like working on a pro-active basis.  I have a basic understanding of the customer service requirements and the standards of the Coral Springs residents in regards to what they expect from any governmental agency they work with such as how to communicate with them.  Education is key and finding the right way to get to the residents of Coral Springs.  I worked with the residents in good times and bad.  Sometimes they were screaming at me and then six months later they loved everything we did for them.  The goal is working on a partnership basis with the residents.  They certainly appreciate it.  I am crazy about public service and this will be a good way for me to give something back to my neighborhood and to a smaller community within the City of Coral Springs.

            Mr. Hanks asked how do you feel about the city’s recent activity on absorbing Special Districts?

            Ms. Calhoun responded the hurricane caught everyone off guard.  From the city standard, there were many years of taking care of the canals and making sure they were clean but there was a disservice to the residents.  In regards to the resident who asked how they could allow those trees to be planted, the city is not allowed to go into the backyards of residents homes.  I have been off the City Commission since March 12, 2006 and have not been privy to any public conversations between this District and the City of Coral Springs.  There was non-responsiveness with one of the Improvement Districts, but not this one.  Mr. Fennell came to the Coral Springs City Commission when I was still on the Board and spoke to the Commissioners and he answered their questions.  This District was not part of the bill filed in Tallahassee.  The city tried to meet with the Board but the Board did not meet. 

            Everyone in the city thinks their entire tax bill goes to the City of Coral Springs.  We are trying to educate the residents that we only receive 16 percent of the money with only 30 percent going to the county.  Only so much goes to the School Board.  When people were having a problem with their canals, no matter in which District, when they saw the trees several months later, they called the city.  All the calls went to the city because they did not know who to call.  There was a level of frustration. 

            Ms. Zich stated I am interested in everything occurring with the canals.

            Mr. Hanks asked as a citizen, do you think the city should take over all the canal and drainage services?

            Ms. Zich responded we have to cut down the trees.  When I worked for the builder and looked at the trees we planted, I was aghast at the trees planted in my own yard.  I have since removed almost every tree and replanted new ones because they have been such a problem for so many years.  Many trees in the city need to be removed from the canals.  I feel sorry for the people who have them in their backyard but they have to think of the city as a whole.  After the hurricane there was debris from those trees in everyone’s yards and canals.  They have to be removed.

            Mr. Fennell stated there are consolidation issues.  I thought about running for the commission a couple of times.  I looked at the city budget and under utilities I saw the city was taking 10 percent off a publicly owned utility.

            Ms. Calhoun asked are you talking about the Water and Sewer Fund?

            Mr. Fennell responded yes.

            Ms. Calhoun stated we have not raised taxes in 13 years.  The money has to come from somewhere. 

            Mr. Fennell stated we should be 10 percent cheaper because the 10 percent you expect to pay back to an owner, we give back to our owners.  Maybe there is something more the city can bring to us as far as better management.  They had significant problems with their water and one time came to us and asked us to take over their facilities.  We are getting bigger and our management resources are spread out.  I found out the size of their tanks and the structures they build tend to be of standard size.  If you have those kinds of standard sizes, there is replication.  I realized this is a business the residents own. 

            Ms. Calhoun stated the Board has a fiduciary responsibility to the people they serve.  In the last 12 years, conversation has gone back and forth between the city and the CDD.  There was other management here 12 years ago.  In the past year, everyone has been caught off guard and there is a lot of frustration involved.

            Mr. Fennell stated it actually did not have anything to do with water and sewer.  It had more to do with drainage.  These Districts can stand alone.  The city does not bring any real expertise to water drainage.  If you wanted to consolidate, you have to obtain approval from SFWMD who sets how much water we get, how much we can discharge and makes the rules.  The city does not bring anything to the table as far as drainage.  I wish they could but there is nothing of management value.  They did not give NSID money when they were rebuilding their canals and did not co-sign the bonds.  From a business standpoint as owners in this area, I have a hard time with this.  I think we need to change how we get elected.

            Mr. Lyles stated we discussed this issue before and there are a couple of ways; one is through a special act amendment through the local legislative delegation, which will only affect CSID.  You can pursue this independently.  The other way is to consider an amendment applying to the chapter of the Florida Statutes governing Special Districts across the state, whether it is a Special Improvement District like this CDD.  An amendment to the overall chapter allows the District to have the flexibility to change its system of elections to increase the size of the Board to perhaps an electoral system as opposed to a landowner system.  The problem with the system we have currently is through our Special Act, we are bound by the Florida Legislature requiring a petition or referendum.  This is a fairly complex, cumbersome and somewhat expensive process to get the necessary signatures on the ballot, have a referendum election and then have the election.  Several different districts in South Florida are looking at this issue.  Some members of the legislative delegation have expressed interest. 

            The fairest assessment I can give you at this moment is there is going to be a relatively inexpensive and comprehensive and therefore even handed way of achieving this somewhere in the next year or two coming forward as a bill.  This is my prediction.  If you want to do this on your own, you can always do this through an amendment to your Special Act, which was recently codified.  I am sure the reception would be positive.  As part of your budget process, the manager prepared for legislative matters in Tallahassee if it comes to that.  Those are your options.

            Mr. Fennell stated at this time, we need to make a decision on which candidate will serve on the Board.

            Mr. Petty stated I suggest you ask both of them to serve as there is an existing seat open.  Two seats will be opening in June of next year.  When you have interest and they are willing to serve, I would not let one out the door.  You can choose one candidate to serve now and ask the other to come back in June.  This job is a lot of work.  As you know, there is no “thank you” at the end of the day.  There is barely recognition.  You serve in this post until you are relieved.  If we have people who are interested, keep them hooked in.

            Mr. Lyles stated as you point out, there is a vacancy on the three member Board.  It is within your power as the remaining members of the Board to appoint a replacement supervisor by motion for the remainder of the term.

            Mr. Fennell stated both of these candidates are interested.  They have very different strengths.  Frankly, we can use both of them.

            Mr. Hanks stated I am wrestling with whether we need political or accounting fire power.

            Mr. Fennell stated I nominate Ms. Zich.  The reason why I am doing this is because Ms. Calhoun is going to be back next June.

            Ms. Calhoun stated I will not run against an incumbent. 

            Mr. Fennell stated we will be going out for a bond issue and need to get away from our engineering background and have a stronger accounting background on the Board.  However, we certainly have some other issues.

            Mr. Hanks stated I nominate Ms. Calhoun because she brings a certain political savoy to the mix.  We have nine months until the next election.

            Mr. Petty stated there is nothing requiring you to vote today. 

            Mr. Fennell stated we need to make a decision and get the Board established.

 

On MOTION by Mr. Fennell seconded by Mr. Hanks with all in favor Ms. Sharon Zich was appointed Supervisor to fill Mr. Eissler’s unexpired term.

 

            Ms. Calhoun stated congratulations and good luck.  If you need me for anything, please give me a call.