MINUTES OF MEETING

PINE TREE WATER CONTROL DISTRICT

 

            A meeting of the Board of Supervisors of the Pine Tree Water Control District was held on Thursday, January 7, 2010 at 6:00 p.m. at the Parkland City Hall, 6600 North University Drive, Parkland, Florida.

 

            Present and constituting a quorum were:

           

            Paul Brewer                                                    Vice President

            Neil Study                                                       Supervisor

            Mark Weissman                                              Supervisor

 

            Also present were:

           

            Kenneth Cassel                                               Manager

            Warren Craven                                                Engineer

            Warren Craven, Jr.                                          Engineer

            Randy Frederick                                             Drainage Supervisor

            Howard Poznanski                                          Resident

            Linda Coyle                                                    Resident

            John Coyle                                                      Resident

            Gus H. Carratt, Esq.                                       Lawyers 1st Title Company

                                                                                                                                                           

FIRST ORDER OF BUSINESS                             Roll Call

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

            Mr. Weissman stated I would like to discuss the items under the fourth order of business first.

 

FOURTH ORDER OF BUSINESS                        Manager’s Report

            A.        Discussion Regarding Access to Backyard from Canal Area at 7580 NW 61st Terrace

            Mr. Cassel stated this is a request from Mr. Poznanski regarding access to install a pool utilizing the District’s maintenance easement along the canal access to install a pool utilizing the District’s maintenance easement along the canal bank.  He would like to have the contractor come in through his backyard in order to install the pool.  My understanding is typically in the past the Board has not authorized this kind of action; therefore, it has been brought before the Board so you can decide whether you want to continue with that policy or modify it.

            Mr. Weissman asked can we have an agreement in place so the property has to be brought before the Board prior to the construction from them?

            Mr. Cassel responded that can be a condition if you permit it.

            Mr. Study stated a hold harmless agreement.

            Mr. Weissman stated I would just want to be able to inspect it prior to construction and then again after.

            Mr. Cassel stated you can also increase your trash bond so you have funds available if needed. 

            Mr. Weissman asked is someone here to discuss this?

            Mr. Poznanski responded yes. 

            Mr. Weissman asked would this be acceptable to you?

            Mr. Poznanski responded I have no objection to any type of an agreement to restore the property to the condition it was in prior to the construction.  It is my understanding after speaking to our property management company that the Mill Run HOA maintains the property right now.  We do whatever mowing of the grass is necessary as well as maintaining anything else that may occur in terms of growth; not that anything grows back there, but we pretty much maintain it.  I have no objection to restoring it to the same condition. 

 

Mr. Weissman MOVED to authorize the property owner at 7580 NW 61st Terrace access to the District’s easement pending an agreement to be drafted by the District attorney stating the property will be restored to its original condition after the construction is complete.

 

            Mr. Study stated I believe there is a legal question.  I do not have a problem seconding that, but if something were to happen we need to be released from that contractor getting injured or a piece of equipment going into the canal.  I walked it.  It is pretty wide, but you never know. 

            Mr. Weissman stated we can include that in the motion.

            Mr. Doody stated I suggest a temporary construction easement.  You would give a timeframe for the construction.  In that you would include a condition for the property owner to agree to restore the property to its original status as well as to indemnify and hold harmless the District with regard to any of the construction activity.  Is it just going to be the pool?

            Mr. Poznanski responded yes sir.  That is it. 

            Mr. Study asked is it your intent to just lower the fence and then put the fence back?

            Mr. Poznanski responded yes.  It is my existing fence.  I will remove the fence.  When the construction is complete I will restore the fence and make sure the condition of the property is placed back in the same condition it is in; in its existing state.  I have no objection to that.  I certainly have no objection to a hold harmless agreement in connection with the activity.  If the Board requires it, I would obtain certificates of insurance from the contractor who will be doing the work. 

            Mr. Doody asked just for the record; what is the physical condition of the area in question?

            Mr. Study responded right now it appears to be grass, weeds and there is a traffic path going down through there.

            Mr. Frederick stated that is from our mower and truck from when we mow the canal bank and maintain the canal.  It is very difficult to get into that canal because the banks are so steep.  The problem I have with this particular area is that if something should happen and for some reason vibrations from heavy machinery should cause a problem; this is the main canal that drains the whole area.  This is it.  This is the main canal.  If anything happens to that area, it has to be addressed immediately.  It is not something which could wait for months.  It would have to be resolved immediately because this is where all of the water exits the District. 

            Mr. Study asked can I get some clarification because apparently the letter stated that was the association’s property?  Do we have an overlaying easement there?

            Mr. Cassel responded we have an easement on Tract R according to Plat 1989, which states Tract R is hereby dedicated to PTWCD for water management purposes.  We have an overlaying water management easement. 

            Mr. Poznanski stated I anticipate a dump truck sitting outside on the actual embankment while we have the ground being dug up in the backyard.  As far as vibration is concerned, vibration can be caused just by the digging in my own backyard from what you are telling me.  I do not know to what extent digging in my backyard is going to cause any type of erosion issue.

            Mr. Frederick stated when you are talking about digging to that extent it can cause a problem.  I am not saying it will, but there is the potential. 

            Mr. Poznanski stated even if I was to come in through the side of my gate you are still going to have the existing issue with vibration of equipment. 

            Mr. Frederick stated the further away from the bank the better off I will be as far as vibration goes. 

            Mr. Brewer asked what would the worst case scenario for damages be?  How wide of a piece of property is this?

            Mr. Frederick responded it is a pretty wide piece of property, but he will need to get a dump truck back there as well as other equipment which I imagine will be large.  It is fairly possible nothing will happen.  I just want to have it on record that if anything does happen, it is something that has to be addressed immediately and restored to the exact condition it is in now. 

            Mr. Brewer asked can we bond it and then have staff certify there is no damage after completion?

            Mr. Frederick asked what if something happens later on?

            Mr. Doody responded that is a different issue.  We are talking about issues of immediate concern which can be directly related to the construction activity.  If it is two years removed, it will be difficult to trace whatever the source of the problem was.  Do you own the property yourself?

            Mr. Poznanski responded my wife and I do.

            Mr. Doody stated so you and your wife would enter into an agreement subject to inspection.  Once you are finished staff can go out, take a look at it and sign off on it.  Is this fair?  The idea is we will not get into a dispute later as to what the restoration constitutes.

            Mr. Brewer asked how far is the pool going to be from the edge of the water?

            Mr. Study responded it is a good distance.  I do not see that as a problem and if I may volunteer, you can call me so I can watch the excavations so that I know what is going on with that bank.

            Mr. Poznanski stated I have no objection with that.

            Mr. Doody asked will you draw up a temporary easement agreement and send it to me?

            Mr. Poznanski responded sure.

            Mr. Cassel stated I will have Mr. Frederick photograph the area prior to the construction so we have photographs prior to and post. 

            Mr. Poznanski asked do you want me to email it directly to you?

            Mr. Doody responded email it directly to me please. 

            Mr. Frederick asked where are you planning to enter from, the north or south?

            Mr. Poznanski responded my inclination was to access it through the south.  I can tell you just about anybody and everybody accesses that way.  I do not know if it is proper or not.  Parkland Police has a tendency of driving back and forth back there.  There are other types of equipments that go through back there.  I am not going to say they are dump trucks, but pick up trucks seem get access through there. 

            Mr. Frederick stated I’m sure you obtained approval from the city as well in case they destroy the sidewalk or curbing.  That will have to be replaced also.  I was concerned because if you accessed from the north you would hear from all the homeowners north of you.  The less travel you have from there, the better off we will be.

            Mr. Poznanski stated from what I have been informed it is a big pool, but by standards it is not the biggest.  It is a 14 foot by 20 foot pool.  It is not out of the ordinary.  From what I have been informed and explained by the construction manager, after the day of the dig they should be able to access through the side of my home for the most part.  My intent and hope is once the first dig is out to close it up.  They might be able to pour the gunite from the side of my home.  My fence was down for the better part of a year after the hurricane when my HOA was going over whether we could put PVC fencing back there or we were required to put back the other type of fencing.  I have three kids.  The last thing I need is to have my wife give me a hard time about any gate being opened.  The sooner I get it closed up the happier I am.  I was told this should just take one day.  Hopefully that is all it will take. 

             

On MOTION by Mr. Weissman seconded by Mr. Study with all in favor a temporary construction easement for 7580 NW 61st Terrace was approved contingent upon the execution of a Hold Harmless Agreement to be reviewed and accepted by District Counsel.

 

            B.        Discussion Regarding Encroachment Agreement for 5542 NW 57th Way

            Mr. Cassel stated apparently part of a pool structure was built into our utility easement.  They are coming at this point in time to discuss and seek approval for an encroachment agreement with the District for the amount in which it encroaches into our easement. 

            Mr. Craven, Jr. stated there was a plat waiver done back in 1993.  At that time the City of Coral Springs vacated all of their easements.  I think this was overlooked or I think someone assumed that if Coral Springs vacated it meant everyone vacated it.  The way our canal operates now we have the easement we need on the back of the property based on a deed WCI gave the District back in 1996.  From an engineering standpoint the easement in question is no longer needed.

            Mr. Brewer stated I am not sure it exists.

            Mr. Craven, Jr. stated I think the intent was to make it disappear.

            Mr. Doody stated I do not think it has. 

            Mr. Craven stated after looking at it I think it is still of record because it was our easement.

            Mr. Doody stated there are two reasons for this.  One, it is my understanding and I have been told it was created by plat.  The easement runs in favor of the District so whatever action Coral Springs takes does not affect the District.  They cannot abandon the District’s easement.  I am not sure you can effectuate that through a resolution.  You place an instrument of record which would clarify the position.  Basically, the engineers have identified this easement serves no purpose to the District.  I have had numerous conversations with Mr. Carratt who is here today.  He represents the buyers or sellers of the property, or both.  I have suggested what we have done in the past, which is to utilize an encroachment agreement that acknowledges an encroachment agreement exists and that the District has no objection to the encroachment.  I think that is the way to go in this case because there is no benefit to the District with regards to utilizing this easement.  We are not utilizing it so it is really a title issue for the buyers because there is an encroachment into an easement on the plat.  We would enter into an encroachment agreement that they can place on record, which would address this from a title standpoint. 

            Mr. Carratt stated on behalf of the sellers I want to state I saw that resolution as well.  I spoke to the title insurer and they do not believe the Coral Springs resolution abandons the easement.  They cannot do it; obviously, the District would have to do it.  This property is under contract.  The sellers were supposed to have closed last month.  We are trying to close as soon as possible.  I have been advised that this is of no use to the District and it is of no benefit.  This easement sits ways away from the lake.  We just ask that the District allow the sellers to use it without any interference from the District.  This way the buyer can get title insurance, they can close and the buyer will not be hindered in the future from trying to sell it by anyone questioning it in the future.  From a seller’s point of view it is important to have that extra language in the agreement if there is no objection from the District.  I do not think it has any negative impact on the District based on my understanding of what is taking place. 

            Mr. Study asked what exactly is encroaching; the pool or pool deck?

            Mr. Carratt responded it is part of the structure of the house.  I believe it is the Florida Room.  I am not sure if that is a deck or pavers from the survey.

            An unidentified person stated it is a deck.

            Mr. Carratt stated it is the pool, the deck and part of the house.  I think all of these homes were built thinking this was abandoned.  I called the prior surveying company who did this when the sellers bought the house.  Everyone notated this resolution from Coral Springs abandoned all the easements.  I said I saw the resolution from Coral Springs, but I did not see anything from the District abandoning their lake maintenance easement.  I think the survey companies all assumed that when Coral Springs did this everything was vacated and it is not.  The home was built that way.

            Mr. Study asked do you maintain by boat in this area?

            Mr. Frederick responded yes. 

            Mr. Study stated it is quite tight.  I could not get behind the property without knocking on the door and I did not want to do that.  I do not know what is actually encroaching, but we certainly do not want to be liable for what is encroaching.  If there is a means of doing this, I do not have a problem voting in favor.  However, I do not want the District, at a later time, to be involved in something structural that was approved by this Board.  Do you understand?

            Mr. Doody responded yes sir.  No good deed goes unpunished.  You want to make sure that by entering into this encroachment agreement we are not incurring any potential liability.  What I suggest is two fold.  I would ask that the encroachment agreement Mr. Carrat sent to me, which I have several comments on, include both the buyer and the seller and that both parties would indemnify the District for the encroachment.  Also; at a future meeting following this one we adopt a resolution abandoning the easement.

            Mr. Craven, Jr. stated that easement affects every house along there.

            Mr. Doody stated that would cure the problem in the future.  It renders this ineffective, but this one allows them to close in the immediate future.

            Mr. Brewer stated maybe we should send a letter to Coral Springs telling them they cannot abandon our easements. 

            Mr. Carratt stated I would like to include that the District does not object to the owners’ use of the easement and will not exercise its right to use the easement in the meantime just so I can have a closing where I think everyone is comfortable.  I was going to add a sentence to paragraph five.  I was going modify it and say the District will not interfere with its right to use the easement nor will the District exercise its right to use of the easement and then delete the next paragraph that they cannot expand their encroachment.  You guys are going to abandon it in the future. 

            Mr. Doody stated I would rather not have the expansion.  I think we can just do away with it.

            Mr. Carratt stated okay.  Can I use that language about not interfering?

            Mr. Doody responded that is acceptable if that is a policy decision.  It is up to the Board of Supervisors. 

            Mr. Carratt stated the buyer was quite apprehensive when this all came up.  I think it is a comfort level for him to do a closing.

            Mr. Brewer stated I do not think we are ever going to go in there. 

            Mr. Doody stated we will come back and wipe it out. 

            Mr. Brewer asked is there any reason to have that easement?

            Mr. Doody responded not from what I am hearing.

            Mr. Brewer asked how about we swap them?

            Mr. Craven, Jr. responded that was my original thought, but if you look at the deed we received in 1996 from WCI it dedicated the whole part and it includes the land portion we need to maintain it if we were to do it by land.  Looking at it we have plenty of room outside of the property line to do what we need to do from an engineering standpoint. 

            Mr. Doody asked if we abandon it, will we need to obtain a portion of it?

            Mr. Craven. Jr. responded no.  It is actually separated.  There is a hiatus point between the property line and the easement.  It is twice removed from the lake. 

            Mr. Doody stated it is just a title problem.

            Mr. Brewer stated there are a lot of them there. 

            Mr. Study asked was it that wide because it was a potential flood position. 

            Mr. Craven, Jr. responded no.  Under the original plat the lake was supposed to come up to that point.  Instead of re-platting the property they used a mechanism called a plat waiver.

            Mr. Brewer stated it made the lot 15 feet bigger. 

            Mr. Craven, Jr. stated the legal description is no metes and bounds.  They are not platted lots anymore. 

            Mr. Frederick stated I do not originally think that was a lake when it was first dug.  It was a straight canal that was later on made into a lake. 

 

 

Mr. Weissman MOVED to approve entering into an encroachment agreement with the owners and buyers of the property on 5542 NW 57th Way after review by District Counsel and Mr. Study seconded it.

 

            Mr. Doody asked can you clarify the language you want to place in there?

            Mr. Carratt responded that the District will not interfere with the use of the property of the easement and also the District will not exercise its right to use the easement. 

            Mr. Study stated I do not want to open a can of worms that at a later time everyone will expand out.

            Mr. Doody stated that will be addressed when we abandon it.  It is better to just get rid of it from our standpoint.

            Mr. Brewer stated probably every house in there is encroaching the easement and they just do not know about it. 

            Mr. Doody stated I will prepare a resolution for the next meeting where you will abandon the easement.  We will record the resolution and all of these concerns will go away.  For purposes of this document I do not think we want to allow an expansion.

 

On MOTION by Mr. Weissman seconded by Mr. Study with all in favor the Board approved entering into an encroachment agreement with the owners and buyers of the property on 5542 NW 57th Way with language stating the District will not interfere with the use of the property of the easement and also the District will not exercise its right to use the easement.

 

            Ms. Coyle asked gentlemen, can we say something?

            Mr. Brewer responded yes.

            Ms. Coyle stated we are the owners.  We were stunned when we learned this.  We had an attorney handle the purchase of the house in 2001.  We had a survey done and we thought we had done everything legally and right.  We found this out three hours before closing.  I certainly appreciate the willingness of everyone at this table to get this agenda item on so quickly so we can sell our home to the buyer.  This is his first home.  I do want to assure you this is not the norm, but I thank you.

            Mr. Brewer stated we try to get it done.  Thank you.

           

SECOND ORDER OF BUSINESS                        Organizational Matters

            A.        Acceptance of Resignation of Ms. Bertolami

            There being no questions or comments,

 

On MOTION by Mr. Weissman seconded by Mr. Study with all in favor Ms. Bertolami’s resignation was accepted. 

 

            B.        Appointment of Supervisor

            Mr. Cassel stated this is typically put on the agenda when someone resigns from the Board.  This part can be put off until a future meeting when the Board is ready to appoint someone. 

            Mr. Weissman stated I do have an individual who is interested in serving.  His name is Dominick Peri and he serves on the Parkland Planning and Zoning Board. 

            Mr. Brewer asked is there any procedure we have for appointing someone?

            Mr. Cassel responded what typically occurs is the Board members contact people who might be interested in serving.  They send in a brief resume to the District manager.  It gets distributed to the Board members.  The Board members review it and then at a meeting they decide which of the resumes they received they believe would be the best suited for the position and then they make their appointment.

            Mr. Brewer asked do we have any timeframe?

            Mr. Doody responded you can do it at the next meeting or put it on the agenda.  I would have it as an agenda item.

            Mr. Cassel stated we will put this on the agenda for the next meeting.

 

            C.        Oath of Office of Newly Appointed Supervisor

            D.        Election of Officers, Resolution 2010-1      

            The above items were tabled until the next meeting. 

            Mr. Weissman stated I do not have a problem with the District manager serving in the position of Assistant Treasurer and Assistant Secretary, but I believe the officers should remain with the appointed Supervisors.  At least one Supervisor should be signing the checks.

            Mr. Brewer stated I do not believe we ever did before.  Have we?

            Mr. Cassel responded no. 

            Mr. Weissman stated I think that is what we should do.

            Mr. Cassel stated most districts are signed by the management company because otherwise one of you would have to be running to the office or assign a stamp with your signature.

            Mr. Study stated there is a record of the ledger and the accounting process.  I do not see where it is necessary.

            Mr. Weissman stated I would feel more comfortable having someone who is elected co-sign these checks because ultimately if something goes on, we are the elected Supervisors. 

            Mr. Study asked are you willing to take on that role?

            Mr. Weissman responded I did not say that. 

            Mr. Cassel stated I suggest the elected officials be the President and Vice President.  The recording secretary put me in as Secretary, but we can leave one of you as Secretary, the General Manager of Severn Trent Services would be Treasurer and Mr. Bloom who is our Financial Manager in Coral Springs would be left as Assistant Treasurer.  I can fill a spot as an Assistant Secretary as needed.  Sometimes there are documents which need to be executed immediately and part of our service to the District in managing it is to make sure you are compliant with all of the information which needs to be submitted to the state and various agencies.

            Mr. Brewer stated let me ask you something, Mr. Doody, in reference to what Mr. Weissman is talking about.  The buck stops here, but are we bonded or are they bonded?  Is there some cushion to stop this financial burden from coming back on our lap?  I am not going to go and sign checks. 

            Mr. Doody responded it is a matter of policy.  I do not know the day to day operations of the District.  Cities generally do not sign checks.  The mayor does not necessarily sign checks, but a lot of cities approve invoices.  To address the concerns of the day to day operations I suggest you put a cap on it that says you need a Board member to sign anything above a certain amount.  That addresses your accountability as well.  I do not think you want to stop your day to day operation of paying your invoices and having someone come in for five minutes to sign a whole series of checks.  I can tell you it happens in municipalities where that person plays games with the checks and the rest of the Board does not even know it.  It hurts them from doing business with people.  There are pros and cons, but I throw it back to you as a policy decision.  I think if there is a concern you can require a Board member to sign after a certain amount or have it require Board approval. 

            Mr. Cassel stated I think a number of things above a certain limit require Board approval anyway such as a bid.  It comes before the Board.  You get the check registers and you actually approve those expenditures.  You have the ability to look at all of them, question them and then by your action you can approve the fact that this is the check register, they were expended and you confirmed them.  You are in the loop in the process.  This is why we also send you the email with all of the back up.

            Mr. Brewer stated I am not going to go sign them.

            Mr. Study stated me neither. 

            Mr. Weissman stated I can live with the fact that if we have an extraordinary purchase, whether it be $5,000 or $10,000.

            Mr. Study asked how stringent are you going to follow that?  For Example; I know Mr. Craven is a consultant and has been working on all of these deeds.  It is like he is hitting a target and I am sure none of us have signed that check, but I hope he has been paid.

            Mr. Cassel responded yes he has.

            Mr. Study stated that is sizable, but it was within the budget. 

            Mr. Brewer asked does it make you comfortable if we are working within the budget?

            Mr. Weissman responded if we actually voted for it. 

            Mr. Brewer asked are you spending money outside of our budget?

            Mr. Cassel responded no; nothing that has not been authorized within the budget constraints.  If there is a project which needs to be worked on and it is budgeted for, I monitor the invoices and those are included in your financials.

            Mr. Study stated I am not sure what you do.  I look at it and go line by line.  If it looks like it is falling within our budget, then the expertise is not on our side in this particular case.  I do not know how much fish actually cost.  I see the bids and then determine from there. 

            Mr. Brewer stated I am not going to sign checks so if you are not and I am not, then Mr. Weissman can sign the checks or we can leave it the way it is.  I agree with you in that I do not want you to go outside of the budget and spend money that we do not know about. 

            Mr. Cassel stated no.

            Mr. Brewer stated it does not appear that we have been doing that.

            Mr. Cassel stated no and from Severn Trent Services’ perspective part of our fiduciary responsibility to the District is to watch that.  I treat the District’s money as if it were coming out of my pocket as well.  That is my personal philosophy.  It is taxpayer dollars.  I am a taxpayer someplace.  I want to make sure they are getting service. 

            Mr. Weissman asked do you do the work at NSID?

            Mr. Cassel responded we used to.

            Mr. Weissman asked when did that end?

            Mr. Cassel responded in June or July of 2009 they decided to take it in-house.

            Mr. Weissman asked what about the rest of the districts in this area?

            Mr. Cassel responded we still do CSID and PTWCD.  SWCD is managed by another management firm.  Other districts in Broward, Dade and West Palm Beach are managed by one of the ten management companies out there.

            Mr. Weissman stated but we are tied with CSID.

            Mr. Cassel stated for a lot of services.  You have interlocal agreements with CSID to provide services.

            Mr. Weissman asked did we have any interaction with NSID?

            Mr. Cassel responded not that they were providing services.  There is no interlocal agreements.  We combine the bids for NSID, CSID and PTWCD on the fish and on the chemicals.  Even now that they are managing internally I am working with them as well because it is a cooperative.  You go out and bid one time.  You only have one advertisement payment, etcetera and etcetera. 

            Mr. Weissman asked is NSID in the same office facility?

            Mr. Cassel responded NSID is working out of their plant.  They have some things done by another management company.

            Mr. Weissman asked is anything being done in the same location as CSID?

            Mr. Cassel responded no.  All of their field work is out of another location.  By pulling it together and working together on one bid we cut the cost for everyone.

            Mr. Weissman stated okay.  I am done with this discussion.  What about the officers?  Are we going to wait until after?

            Mr. Cassel responded it will be better to wait because if you change the officer structure, we need to notify everyone of the change and then if you change them again after you appoint someone, you have to re-notify.  For now we will note that Ms. Bertolami has resigned and all the other officers remain the same until you appoint a new individual.  Then you can adopt the resolution at that time. 

            Mr. Study asked does the Vice President automatically move up to President?

            Mr. Cassel responded no.

           

THIRD ORDER OF BUSINESS                            Approval of the Minutes of the November 5, 2009 Meeting

            Mr. Brewer stated each Board member received a copy of the minutes of the November 5, 2009 meeting and requested any corrections, additions or deletions.

            There not being any,

 

On MOTION by Mr. Weissman seconded by Mr. Study with all in favor the minutes of the November 5, 2009 meeting were approved.

 

FIFTH ORDER OF BUSINESS                             Attorney’s Report

            Mr. Doody stated I have nothing to report other than Mr. Craven, Sr. and Mr. Craven, Jr. have done an excellent job in providing me with the basis to review title work or ownership interest within the District.  I am in the process of doing that, I have to concede not on a steady basis.  It is very comprehensive; much more so than I thought.  It will be a big assistance in resolving any issues we have encountered in the past. 

            Mr. Brewer stated that was what we were hoping.

            Mr. Doody stated thank you for your help too.

            Mr. Weissman asked are there any other easements similar to what we had tonight where we would be better off abandoning?

            Mr. Craven, Jr. responded there probably are.  Unfortunately, with that plat labor process it is impossible to track.  They had a good surveyor who picked up on it.  Most people would have missed it because most people are looking at the property as it is now and they are not looking at the underlying plats.  That is what happened here.  I guess the only place where you could have that type of problem is where you have something that surfaces during the survey process, which the plat labor does.  If you are re-platting something, that is part of the process.  Those are vacated and the new ones take its place.  In the plat labor process it is only one entity looking at it, which in this case it was the City of Coral Springs.  They took care of their business and did not really look at our business.

            Mr. Doody stated they are also few and far between.  This is an isolated incident in terms of attorney’s coming in.  We have had encroachments.

            Mr. Brewer stated but in the situation of this piece we just looked at, probably every house in there is the same. 

            Mr. Study stated we had one a few meetings ago where someone wanted to put a pool in where there was an easement.

            Mr. Doody stated that was different.  They wanted to put the pool in.  Those are for easements along the canal for maintenance reasons.  This is why I used this encroachment agreement.  We have done that in the past.  It has not happened in terms of a title issue and not having any use.

 

SIXTH ORDER OF BUSINESS                             Engineer’s Report

            A.        Discussion of Easement for Parkwood X HOA

            B.        Report on Easement Identification

            Mr. Craven, Jr. stated to go further on this Parkwood issue I will get a hold of that plat later and we are going to look at the whole thing.  I will also do a search in the city of any plat labors which may have been done in PTWCD so we can address it.  As far as the overall project on the mapping we need to sit down with Mr. Doody and compare notes.  We have moved forward on drawing up the flowage easements across the roadways we needed.  That is done.  The updates Mr. Doody and you suggested to the map have been done.  We are working the cross referencing we talked about.  I will give you an example of how useful I think this tool is going to be.  As soon as I got the call on this Parkwood issue I went to the binders.  I found everything I needed except for the plat paper.  Everything else was in the binder.  I think it is going to be a good tool for the District to have at its fingertips.  You will have all of the information for the District.  If we can work out the issues with the Sawgrass Expressway and DOT, I think in the next few months we should have this wrapped up and you can have a final product. 

            Mr. Study asked were those the culverts going under for the DOT?

            Mr. Craven, Jr. responded yes.  There were two issues.  One was all of the culvert crossings with the county, city and private roads.  We have gone ahead and drawn up the flowage easements we need.  We did the survey work we needed to do.  The Sawgrass Expressway is a different situation because we want to try to enter into an agreement which covers all of the Sawgrass Expressway issues at one time.  There was a draft done a few of years ago, but that was prior to the widening.  It seems a little too broad right now so I think we need to narrow that a little bit and make it protective of the District.  They gave us some obligations I do not think we want to take on.  We want the right to cross the road with the water, but if the pipe fails it needs to be DOT’s responsibility.

            Mr. Study asked what about BJ’s?

            Mr. Craven, Jr. responded that one is a matter of an existing easement which contained a ditch.  When they developed the parcel they rerouted the drainage through a lake, through some pipes and filled that ditch.  There are notations that we were supposed to be granted easements over the lake and over the pipes.  That never happened.  We are following up to close that loop. 

            Mr. Study asked are we not responding?  Because this has been on the agenda for a while.

            Mr. Craven, Jr. responded it took a while to figure out who we needed to talk to and in the last month we have not been able to move it forward.  We will get it resolved quickly. 

            Mr. Brewer asked do we have an easement where the ditch used to be?

            Mr. Craven, Jr. responded we have an easement.

            Mr. Brewer stated so we can request they put our ditch back. 

            Mr. Study asked is there anything over the ditch now?

            Mr. Craven, Jr. responded no.  It is just landscaped.  Basically, the ditch was up to the property line.  They built the lake a little bit into the property so it is the lake bank now where our ditch was.

            Mr. Brewer stated we just need a new easement.

            Mr. Frederick stated that particular ditch does not really do anything for us except for back pumping.

            Mr. Craven, Jr. stated that is correct.  It does not affect the operations of the District at all.  It affects the drainage of State Road 7 as well as the back pumping.

            Mr. Study asked are we recharging our system at this point by pumping in?

            Mr. Frederick responded we left it high after the last rainfall because we anticipate coming into some dry months.  I am trying to hold as much water as possible.  We had already dropped below our normal water level.  Then we got that big rain and I did not want to get stuck with low water going into a dry season.  I am trying to hold as much as possible, but with the control gates we have you are limited to how much you can hold.  I had to leave it high and let it run down slowly by itself to get as much out of it as I can.  When we had all of that rain I opened the gate.  When I closed it I closed it at about 11.5, which is half a foot higher than normal. 

            Mr. Brewer asked do we have any issues on the Sawgrass Expressway easement?  What are we saying we are utilizing for along the Sawgrass Expressway on the north side?  Are you using the “miscellaneous map”?

            Mr. Craven, Jr. responded that is what we are basing everything on.  In addition to the miscellaneous map certain properties along there have been dedicated by plat.  There are a couple of individual plats there.  Probably about half of them have dedicated easements in addition to what is on the maintenance map.  We still have to make a final decision on whether that maintenance map holds water, so to speak. 

            Mr. Brewer asked does our attorney think it is valid?

            Mr. Doody responded yes sir.  I will go back and look at it.

            Mr. Brewer stated I have been involved in several projects which have abutted it.  You looked at the maintenance map and said that map is valid.

            Mr. Doody stated oh, you are talking about the Broward County map.  No.  I misunderstood. 

            Mr. Brewer stated my point is nine out of every ten houses built along it are in violation of the set backs if that map is good.

            Mr. Doody stated no.  That is the county’s position, which I think is advocated by one individual. 

            Mr. Craven, Jr. stated if anyone along there does come in, we need to take the easements we need when doing the plat.  I think we need to sit down with the map and have a serious discussion about what we have, what we do not have, what we might have and how we get everything we need eventually.

            Mr. Brewer stated the issue I had with it is trying to plat against that map.  The county wants to take it by plat.  I do not want to surrender it by plat because once I surrender by plat, I have to go back and get it by plat.  I always argued with them and never won, but I still do not believe it is a valid map. 

            Mr. Craven, Sr. stated when you look at it, it is amazing that almost every structure along there conforms to the map. 

            Mr. Craven, Jr. stated whether it is valid or not people have honored it.  No one has come in and tried to fill in have the ditch to build a bigger house.  I guess in that case we are lucky.

            Mr. Doody stated it is of record.

            Mr. Craven, Jr. stated it is recorded.

            Mr. Doody stated that is an obstacle in itself. 

            Mr. Brewer asked is that all you have?

            Mr. Craven, Jr. responded yes.

           

SEVENTH ORDER OF BUSINESS                      Supervisors’ Requests

            There not being any, the next item followed.

 

EIGHTH ORDER OF BUSINESS                         Approval of Financials and Check Registers

            There being no questions or comments,

 

On MOTION by Mr. Weissman seconded by Mr. Study with all in favor the financials and check registers were approved.

 

NINTH ORDER OF BUSINESS                            Adjournment

            There being no further business,

 

On MOTION by Mr. Weissman seconded by Mr. Study with all in favor the meeting was adjourned.

 

 

 

 

                                                                                                                                                           

Kenneth Cassel                                                           Paul Brewer

Assistant Secretary                                                     Vice President