MINUTES OF MEETING

PINE TREE WATER CONTROL DISTRICT

 

            The regular meeting of the Board of Supervisors of the Pine Tree Water Control District was held on Thursday, November 2, 2006 at 6:00 p.m. at Parkland City Hall, 6600 North University Drive, Parkland, Florida.

 

            Present and constituting a quorum were:

 

            David Rosenof                                            President

            Margaret Bertolami                                     Vice President

            Paul Brewer                                               Secretary

            Donna Benckenstein                                   Assistant Secretary

            Mimi Bright Ribotsky                                  Assistant Secretary

 

            Also present were:

 

            John Petty                                                  Manager

            Julie Carr                                                    Attorney

            Warren Craven                                           Engineer

            Randy Frederick                                         Field Superintendent

            John McKune                                             CH2M Hill

            Mark Lauzier                                              Parkland City Manager

            Brian Archer                                               Parkland City Environmentalist

            Richard Shaw                                             City of Coral Springs Director of Public Works

            Several Residents

                                                                                               

FIRST ORDER OF BUSINESS                         Roll Call

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

 

SECOND ORDER OF BUSINESS                    Approval of the Minutes of the October 5, 2006 Meeting

            Mr. Rosenof stated each Board member received a copy of the minutes of the October 5, 2006 meeting and requested any corrections, additions or deletions.

            There not being any,

 

On MOTION by Ms. Bertolami seconded by Ms. Ribotsky with all in favor the minutes of the October 5, 2006 meeting were approved.

 

THIRD ORDER OF BUSINESS                       Reconsideration of Management Services Contract

            Mr. Rosenof stated this item was tabled from last month’s meeting. 

            The record will reflect Mr. Brewer joined the meeting.

            Ms. Ribotsky stated my goal is for the residents of Pine Tree and the members of the Board are served in the best manner by Severn Trent Services.  A year ago we expressed concerns with Severn Trent Services and decided to go out for bid for management services.  This process took a long time.  Mr. Rosenof mentioned his vote probably would have been different if it happened earlier.  At the time when we voted to keep Severn Trent Services, I felt since we had gone out for bid, Severn Trent Services had turned around and become much more responsive and staff is becoming more stable.  At this same meeting, this issue arose with Stiles. 

            From what I understand, several residents reported what was occurring with Stiles to Severn Trent Services and the city but it took four to five days for the work to actually stop.  When we provided the suspension of work, my expectation was the next day someone would be out there to stop the work.  I received a call from a resident at 3 p.m. that Friday notifying us they were still working, which was five working hours later after we suspended the contract.  I then had to contact Mr. Petty to say, “We suspended the contract and there are still people out there”.  I view this to be a big problem, the fact we suspended the contract and work was being done for five hours and no one knew about it. 

            I then sent an email on Saturday, the 9th because I saw an article in the Coral Springs Forum regarding CSID and how it was being handled in a different way.  I copied the elected officials of Parkland as well as the Board.  I never received a response to any of my questions.  I called Mr. Petty and did not receive a return phone call.  I received a copy of the contract, which I reviewed and found several concerns or discrepancies.  I emailed my findings to the city officials because they directly pertained to the city and requested clarification.  There were items referring to the bond subcontractors.  I mentioned in my email I was disappointed at the way this was handled from the beginning, that I did not receive answers to my first set of questions and that I did not receive a return phone call.

            I called Mr. Petty again and in most instances, Mr. Petty has been extremely professional.  In fact the meeting he conducted the other night with the City of Parkland went extremely well.  I think everyone on this Board saw what happened the one day I asked him for a copy of the hurricane plan.  I basically got torn apart just for asking for a copy of the plan.  I called him and said, “Can I have the answers to some of these questions?”  The response was “What do you want from me?”  I said, “I just want the response to the questions.”  He said, “Are you accusing me of being a liar?”  I said, “I am not accusing you of being a liar.  I just want simple answers to the questions.”  He said, “Well, I don’t have time for you today” and hung up on me.  I have a problem with the fact as a Board of Supervisors who has been appointed by the City of Parkland to represent the residents in my District as taxpayers, I cannot get answers to questions.  I have a bigger problem with not having phone calls returned to me and I have an even bigger problem when someone hangs up on me.  I was simply asking questions to try to understand the situation.

            I found out from the City of Parkland email list a Town Hall meeting was held on October 26, 2006.  I asked the Board if they received notices.  During the public hearing I asked Mr. Petty if there was a reason why every single Board member received an invitation and I did not.  He said, “No you did not receive an invitation”.  Everyone here witnessed this.  I would like to know why Mr. Petty would specifically omit me from a Town Hall meeting where every single resident was invited and even admit to it in a public forum.  There has to be some accountability.  Just because I asked questions does not mean I am accusing anyone.  I might be trying to understand the details.  This happened with the hurricane guide when I simply asked for a copy of it because I was curious.  For some reason I was attacked for asking for a copy.  Just because I am asking questions to try to understand the situation does not necessarily mean I am accusing you of anything.  We need to clear this relationship up and try to come up with a working relationship.  This is currently happening to me.  Maybe one day you will have a question and you might get hung up on. 

            I would like to try to work this out.  I am open for suggestions.  I do not know necessarily the right thing to do is re-negotiate the management contract.  I just want to point out we have issues with staff changing.  We had issues with the way this District has been managed.  We have issues with the FEMA reimbursement with the fact we are the only District not receiving reimbursement.  There are still issues.  In my opinion, we need responsiveness to these issues.  I want to express my disappointment to the lack of response to the questions I asked.  To this day, I still have not received responses.  I am disappointed to the way this was handled and my shock at the fact even in the public forum, Mr. Petty admitted I was not invited to a Town Hall meeting with the residents of the District.

            Mr. Rosenof asked was Ms. Ribotsky on the list?

            Mr. Petty responded yes.  At the meeting when she asked the question she asked if she had been excluded and my answer was, “You were not”.  How it was conveyed that she was, I do not know.

            Mr. Rosenof asked why did she not receive the email?  Was it addressed incorrectly?

            Mr. Petty responded I spoke with my staff.  They said they sent the information to all supervisors including Ms. Ribotsky.  There was no exclusion intended on our part.  If it did not arrive, I do not know why.

            Ms. Ribotsky stated it is interesting because the day the notice for the Pine Tree Town Hall meeting came out happened to be the day I received the notice of this meeting.  It was postmarked October 16th.  Clearly I have been receiving my mail.

            Mr. Rosenof stated I received an email for the Town Hall meeting.

            Ms. Ribotsky stated I received other emails from Severn Trent Services and never had a problem.  Mr. Archer and I spoke about it.  Mr. Petty specifically said at the meeting he did not send me an invitation.

            Mr. Petty stated that was not the response.  The response I gave to you was, “You were not excluded”.  You asked, “Was anything special done to exclude any Board members?  No, all Board members were included”.  I believe this is exactly what I said.

            Mr. Rosenof stated let’s agree this was a misunderstanding.  I hope Mr. Petty would not do something so overt as to not invite you to a meeting.  I do not think it is in his best interest.  I would like to think he is smarter than that not to do it on purpose.  I could be wrong but let’s move beyond that.  I suggest Mr. Petty take five minutes and respond to the issues.

            Mr. Petty stated in regards to the issue of contracts going awry, I received several emails.  Most of the emails started off with what I consider to be accusations and concerns over the contract and statements remembered from the meeting a couple of days before.  I recall forwarding a copy of the email to the President as information.  I also recall speaking to Ms. Bertolami about the issue and asking if the issue was going to be about what I read out of the emails, which was I had lied at a Board meeting about subs.  It seemed to be a sticky point.  The phone call seemed to be more of an accusatory phone call versus, “I just want information”.  The information at that time was still being gathered.  As far as going out onsite, when I received the first call notifying me the contractor was back on Winner’s Circle, I personally went out.  Our engineer, Mr. McKune personally went out and we did find them working and shut it down.  We were trying to talk with our contractor about a resolution to the issue and trying to determine the extent of the issue.  In regards to the conversation we had and how it ended, I do not recall the particulars other than it was not going anywhere fast.  The issues I was reporting on were not satisfactory.

            Ms. Ribotsky stated I did not receive one answer to one question I asked, even the initial ones.

            Mr. Petty stated I do not know what questions you have that have not been answered by the contractor or in the discussions we had since.

            Ms. Ribotsky stated I received a copy of the contract.  I requested information from the pre-construction meeting including any agenda with the people in attendance and any notes taken.

            Mr. Petty stated I have none.

            Ms. Ribotsky stated this could be part of the problems we are having.

            Mr. Petty stated this was done by our engineer.  If you think this is an error on my part, we can accept it.

            Ms. Ribotsky stated the day after the Pine Tree meeting, I happened to pick up a Coral Springs Forum.  I saw the headline on the front page, “Nuisance Trees to be Cut from Canal Banks”.  Regarding the Coral Springs District Severn Trent Services also manages in this article it specifically states this contract consists of removing all hurricane damaged trees, stumps, shrubs, Florida Holly and other miscellaneous vegetation and rubbish and debris within the District canal’s right-of-way.  It appears the direction for one District is very different than the direction for another District based on the interview with you.  Can you advise if Stiles was also the contractor for this job?  Were they, I still do not know.  I never received an answer.

            Mr. Petty responded I do not know which contract this is.

            Ms. Ribotsky stated the Coral Springs District.

            Mr. Petty stated there were two contracts in Coral Springs; I do not know which one.

            Ms. Ribotsky stated I did not receive an answer to either one.  Is it possible one District is Pine Tree?  You told us at a meeting, you instructed Stiles to only cut trees down or leaning over water.  In another District, you gave totally different instructions.  Did you use the same contractor in all this confusion?  Please advise on the actual area cleared and whose property this was.

            Mr. Petty responded these are discussions we had in this body since I have been here.  Pine Tree does not have clear ownership of any of the right-of-way, which is common knowledge.  We discussed this matter several times.  We have counsel working on obtaining the right-of-way of the main corridor but as we discussed in the past, we have a four way easement.  In regards to whether or not this was our property, I did not understand why this question was being asked, since we do not have any.

            Mr. Rosenof asked did you respond at all?

            Ms. Ribotsky responded no.  I went back and reviewed the areas.  There was a 12 foot muddy path, which resulted to breaks in the county sidewalk among other damage.  Does the contract for Pine Tree call for fixing damage to fences, lawns, roads and other structures, like the contractor for Coral Springs does?  I never received an answer.  What about the replanting of trees that should not have been removed?  I also never received an answer to this question.  We talked about possible interim communications, those in between District meetings and our last meeting.  For this particular matter, it is important you provide the City of Parkland with all the information needed to answer questions residents may have as well as District Board members.  Additionally, I suggest if needed, you consider holding a special District meeting to discuss this issue.  I look forward to your response.  I never received a response to any of those questions. 

            I made a phone call and never received a return call.  I did not receive any requested information from you on my original questions posed 10 days ago and left you a message on Friday with no return call.   I have significant concerns based on my unanswered questions as well as the review of the attachment, which I expect you to be able to answer at the next Pine Tree meeting.  Must of the information you presented to the Pine Tree Board when we were made aware of the situation conflicts with the information in the document.  I only made it through to page 96.  Can you please review and confirm whether you have the 100% performance bond coverage.  If the bond does no cover replanting, is Severn Trent Services prepared to handle this due to the lack of supervision?  It certainly should not be at the expense to the taxpayers.  I did not receive any clarification on what the performance bond covers. 

            I mentioned my concerns at the last Pine Tree meeting a resident was told by one of the workers they were from a firm in Coconut Creek.  They adamantly stated there were no subcontractors on the job, yet the bid contract from Stiles, it specifically states a subcontractor was hired for grapple trucks and tree services.  How come you were not aware of this?  Was anyone from the subcontracting company present at the pre-construction meeting?  Was anyone from Stiles overseeing the subcontractor?  In the meeting we specifically said the direction given to Stiles was to remove trees from the canal and trees leaning over into the canal.  Yet on page 92 and 93 of this attachment, the definition of a canal bank includes “restoration up to five feet beyond the top of the bank and anything damage and destroyed beyond five feet will be rectified by a replanting of mulch and sod, not replanting of trees.  I read the contract very carefully.  It is clear much of the information you presented to the Board is incorrect. 

            As the management company for the District, I expect we are either presented with accurate information or at the very least say, “I will get back when I find out.”  Sometimes people do not have answers and I am fine if you said, “I do not know, I have to review this.”  I expect at the next Pine Tree meeting many residents will be attending who are greatly impacted by this.  I am sure some Parkland City officials will attend.  I hope Severn Trent Services is well prepared to answer the questions including what role Severn Trent Services and CH2M-Hill had in overseeing this work, which is of great concern to me.  I am extremely disappointed at the way this was initially handled as well as the follow-up information and communication as well.  If this is not resolved by the next meeting, I will likely make a motion to reconsider the selection of management companies.  I never received a response to not one of the question, not even an, “I do not know” or “I will get back to you”.  I said to you over the phone, “I do not know.  That is why I am asking for information”.  As someone who sits on this Board I am entitled to ask questions to understand the issues.

            I received emails from several of the residents who are in this room and are the ones who are crying.  On Saturday, October 14, 2006, I received an email from a resident saying, “Workers from Stiles are working near the canal.  There is no notice.  We were supposed to be told ahead of time.  I want to understand my role of what I think a management company is supposed to do.  At least they should answer the questions or saying, “I don’t know”.  Totally not responding is not okay.

            Mr. Petty responded we had a conversation or attempts to answer some of the questions I could answer.  The conversation did not go well.  I understand and I do not have any problem saying it did not go well.

            Mr. Rosenof asked why did it not go well?

            Mr. Petty responded I was being accused. 

            Mr. Rosenof asked were there questions Ms. Ribotsky asking that were unfair?

            Mr. Petty responded there were not so much questions as there were accusations.  I can answer questions. 

            Mr. Rosenof asked did you feel the questions Ms. Ribotsky posed to you via email were fair?

            Mr. Petty responded some but others were not fair.

            Ms. Ribotsky stated that is fair.

            Mr. Rosenof asked did you or did you not respond this was an unfair question?

            Mr. Petty responded at the time I do not believe I said that.  I gave answers to the best of my ability and then referred to the contract.  The contract has answers to all these questions, including the ones referring to my management or miss-management as relayed to by telephone and in emails.  As you may recall, we contracted with CH2M-Hill to administer this contract.  The management office handles the payments but on a day to day basis the contract is administered by the engineer.

            Mr. Rosenof stated who works for the manager.

            Mr. Petty stated who works for the District.  The manager works with the engineer but I do not tell the engineer what to write down. 

            Mr. Craven stated CH2M-Hill entered into a contract with them.

            Mr. Brewer stated Mr. Craven is our consultant.

            Ms. Ribotsky stated I swear the entire conversation in fact did not even get to talking about the question.  I called Mr. Petty three times and did not receive any return calls.  When I finally got him on the phone, we did not even talk about the email.  The entire subject was, “Why are you not calling me back?” and he said, “What do you want from me?”  I said, “I just want answers from the questions.

            Mr. Rosenof stated there are two issues.  By virtue of the fact the project was not managed well, I do not take exception to Ms. Ribotsky’s accusations.  I do not know how she phrased it or whether it was appropriate or inappropriate but the project was not managed properly.  Otherwise we would not be where we were.  Whose fault it was, I really do not care.  The fact is it was not managed properly for whatever reason.  We will probably get into it as the night progresses.  The second issue is whether we want to reconsider our management company.  Can we move on to this part of the question and hear from the other supervisors on how they feel? 

            The record will reflect Ms. Benckenstein joined the meeting.

            Mr. Brewer responded I think there is some conflict between Mr. Petty and Ms. Ribotsky.  They need to work this out amongst themselves.

            Ms. Ribotsky stated I agree.

            Mr. Brewer stated this needs to be resolved.  I do not care whether they go out into the parking lot or shake hands.  Let’s get it behind us because we have other problems than this to be resolved.  I think it can be resolved. 

            Mr. Rosenof asked what are your thoughts regarding the management services and whether to reconsider it or not?

            Mr. Brewer responded we spent a great deal of time getting to where we are at and we need to make the best of it.  We have situations we need to address right now other than changing manager’s.

            Ms. Ribotsky stated I agree this is probably not the best time to make a change.  However, I would like to place this item on the agenda in six months.

            Mr. Rosenof stated let’s hear from the rest of the Board.

            Ms. Benckenstein stated I am not in favor of reconsidering at all.  This matter can be resolved.

            Mr. Rosenof stated it is on the table and I want to have everyone’s consensus about how we want to move forward.

            Ms. Bertolami stated I am not in favor of reconsidering our management firm at this time.  We need to see how this plays out.  It will give us a better understanding of how this management firm can work for us.  As the information came to me, I do not feel that I was miss-informed.  The information was available.

            Mr. Rosenof stated I am not in favor of re-considering management companies for the following reasons.  I think the project was managed improperly.  It could have been managed better.  On the other hand, I do not think there is anyone better to fix it than Mr. Petty and his group at this point.  For the sake of the taxpayers and our constituents, our first priority is to fix it.  I request Ms. Ribotsky and Mr. Petty get along.

            Mr. Brewer stated I agree.

            Ms. Ribotsky stated I request mutual respect.

            Mr. Petty stated you have it.

            Mr. Rosenof stated we are starting fresh.

 

 

 

 

 

FOURTH ORDER OF BUSINESS                    Manager’s Report

            A.        Consideration of Resolution 2007-1 Designating Janice Moen Larned as Treasurer and John Petty as Assistant Secretary

            Mr. Petty stated these are housekeeping matters to replace other people from Severn Trent Services that are more distant than us.  We are the ones here locally and can act on the Board’s behalf.  We request the Board adopt this resolution.

            Ms. Bertolami asked who is this replacing?

            Mr. Petty responded Mr. Goscicki who is President of Severn Trent Services.  Ms. Jean Rugg was Assistant Secretary.

            Ms. Bertolami stated I want to make sure we are adopting the correct resolution because Ms. Rugg was listed as Assistant Treasurer in another resolution and this one lists Ms. Moen as Assistant Treasurer.

            Mr. Rosenof asked are you saying the resolution does not match the agenda?

            Mr. Petty responded you can have as many Assistant Secretaries as you like.  It is not necessary to remove her.

            Ms. Bertolami asked is she still employed with Severn Trent Services?

            Mr. Petty responded yes.

 

On MOTION by Mr. Brewer seconded by Ms. Bertolami with all in favor Resolution 2007-1 Removing Ed Goscicki as Treasurer and Janice Moen Larned as Assistant Treasurer and Designating Janice Moen Larned as Treasurer and John Petty as Assistant Secretary was adopted.

 

            B.        Discussion of Tree Repair at Winner’s Circle/Country Acres

            Mr. Petty stated at our Town Hall meeting, we received a good response from the residents.  The top suggestions were for the Winner’s Circle area.  The most in-depth suggestion was to do a three tier recovery of the area damaged by our contractor.  On the Country Acre side, the most extensive suggestion was removal of the remaining Australian Pines, berm, re-planting of the berm and installation of plant material similar to an Areca Palm.

            Mr. Rosenof stated it was for a more native species than the Areca Palm.

            Mr. Petty stated I think it was subject to Parkland’s tree approval.  We spoke with the City of Parkland and the Areca’s seem to be suitable for the area with FP&L lines high enough to get the tree cover below it.  The residents we spoke to from the Coral Springs side seem to be alright with Areca Palms.  We also spoke with their Public Works Director.

            Mr. Rosenof stated it is going to need to be fertilized or it is going to turn yellow.

            Mr. Craven stated it is not native.  It does require some maintenance but it will do the screening.  For the location underneath the powerlines is one of the better plants to use.

            Mr. Rosenof asked who is going to maintain it?

            Mr. Petty responded of the trees to be considered, the Arecas need the least maintenance.  We had representation at the Town Hall meeting from the residents of Country Acres who said they preferred no berm so they could mow their yards.  I can only bring you the strongest and most extensive recommendation from the residents.  Of course, we can do whatever we believe is best.

            Ms. Ribotsky stated there is a great deal of going back and forth on many different ideas which is good.  Sometimes it helps to have a visual.  I do not know if it is too much to ask the City of Parkland to come up with a plan on the most desired solution with a rendering.  We still need to have pictures of the site.  Did we receive an answer?

            Mr. Rosenof responded we need an answer on the maintenance question.  This is an important question. 

            Ms. Benckenstein stated Areca Palms will get yellow. 

            Mr. Rosenof stated it is a considerable expense maintaining them.

            Ms. Ribotsky stated the Environmental Resources Director might be the best person to plan out the areas since he is familiar with the way it is.

            Mr. Rosenof stated the question posed to Mr. Petty was whether Stiles was going to assume responsibility.  It has not been answered yet.

            Mr. Brewer asked what did the Memorandum of Understanding say?  Did we receive copies?

            Ms. Ribotsky responded I did not receive a copy.

            Mr. Brewer asked can you make sure we receive a copy of the Memorandum of Understanding?

            Mr. Petty responded it has been expanded since it was originally sent out.  For the Board’s consideration, in our presentation at the Town Hall meeting with the City of Parkland and City of Coral Springs, we will do reparations to these areas to provide cover.  We will take residents comments and any city comments.  Any plant materials being planted in these areas will be subject to review and approval by the City of Parkland.  The City of Parkland Commission gave us conceptual approval to move forward but reserved the right to review any plans.  Our proposal for Winner’s Circle is to prepare the plan with city staff, selecting the appropriate trees for the three tiers and approval by the Pine Tree Board to allow us to do the reparations as long as there is no cost to us.  We will then submit to the City of Parkland for approval.

            Mr. Rosenof stated we could be designing this all day long and do not know if Stiles is going to agree to whatever we design.

            Mr. Petty stated we spoke to Stiles about it.

            Mr. Rosenof asked is there anyone here from Stiles tonight?

            Mr. Petty responded no.  We tried to see if they were available.  We spoke to them about the response of the cover.  We discussed in the past about planting some Bald Cypress trees.  However, the residents and the city were more interested in cover material.  It was not just a singular line they were looking for, which is why we came up with our suggestion, which we will mimic from the resident who brought it before us at the Town Hall meeting, which was the three tier option.  You should have low lying shrubs mid-range and canopy.  It is our opinion, the area cleared is the responsibility of the contractor and they should be held responsible for their actions.  We spoke to Stiles about this but have not heard from them any reason to believe they will not do this in response to their actions.  For Winner’s Circle, we can do a recommendation mimicking the most extensive request by the homeowners.  This should meet with the City of Parkland since they will be recommending the plant material.  It is a three tired approach, which is the best one you can pick.  To do this expediently, we request the Board to consider allowing us to do this as staff, subject to the City of Parkland’s approval.

            Mr. Rosenof asked who is the permitting agency?

            Mr. Petty responded the City of Parkland.

            Mr. Rosenof asked even though some of the trees may be on private property?

            Mr. Lauzier responded the City Attorney for the City of Parkland requested we do a title search in this area so we have the knowledge of what we are placing and where.  The city is incurring a cost to try to determine the ownership.

            Ms. Ribotsky stated I think we may already have it.  We were doing a search.

            Mr. Petty stated no we do not.  We have one for Country Acres, which is not the issue.  The issue is more for Winner’s Circle.  There was a survey done for Country Acres by the City of Coral Springs.  We compared it an easement granted to the District and have an opinion from the engineer this is within our easement so the trees at Country Acres can be planted without any problem, although ownership of the land is not ours.  We have an easement only.

            Mr. Lauzier asked do you want the city to do a title search?

            Mr. Petty responded I do not think it hurts anything.

            Mr. Craven stated we have title to this property.  It is a 35’ wide parcel that was dedicated to the District.

            Mr. Petty asked is it underneath the berm?

            Mr. Craven responded you saw it surveyed.  I did not see the survey.

            Mr. Petty stated I do not know whether it includes the berm area.  Therefore, we probably would not mind having the title search done by the city on this issue.  I do not know whether or not we would change our tactics or not other than to get landowner approval and sign off, which our counsel may wish to review.  It has not come up previously.

            Mr. Rosenof asked would it be a change order to their contract?

            Mr. Petty responded I would consider it as such.  Our counsel, Mr. Doody suggested we have their counsel draw up this change order spelling out these conditions.

            Mr. Rosenof stated this way the performance bond would cover the changes.

            Mr. Petty stated his recommendation is it will be handled this way.

            Mr. Rosenof stated it would certainly protect us the most to do it in this way.

            Ms. Carr stated in regards to Country Acres, Mr. Petty indicated we had an easement on the property and the landscaping was being installed within the easement.  However, we do not own the property.  The property is owned by the upland property owner.  Mr. Rosenof asked me if I agree but the only reason why I hesitated is because I do not have specifics as to who owns what because we have not received any information in this regard.  If it is within our easement, we still need the property owner’s approval to put anything on their property.  We still need to have the answer as to the maintenance obligation.

            Mr. Leo Bob stated I am President of the Homeowners Association and have been an attorney for 30 years.  I am familiar with everything you are talking about in terms of legal rights.  Ownership extends 25 feet from the crest of the road south, which puts you somewhere in the canal.

            Mr. Rosenof asked ownership by whom?

            Mr. Bob responded the property owner.

            Mr. Craven asked the property owner on the north side or south side?

            Mr. Bob responded north side.  There is nothing on the south side.  The easement encompassed by the Water District gives them full purview in terms of whatever they want to do in the area.  It is a very wide breath easement right they have.  They have complete control of the vegetation within the easement.  The purpose of the title search is to determine those same rights and responsibilities as it relates to the canal between Winner’s Circle and Country Place.  This is the reason we wanted to have this information so we would be knowledgeable about what is being planted where and on whose property as you appear to be with the research you have done with Country Acres.

            Mr. Petty stated I recommend we support the title search.  Our intent was to do this all within the ROW but since the bank changed, it may be a good idea to do the title search before we step on private property.  Thank you.

            Mr. Bob stated you want to know where the easement starts and stops.  Anything within the easement would be within the purview of the Water District. 

            Mr. Petty stated in this particular case the District does not have an easement at Winner’s Circle.  This would be the city’s area and ROW.  We do not want to be installing our canopy 2’ across the line on private property and have them harm those trees with an irrigation line.  If they are willing to do the property search, this helps us with the layout of the landscaping.

            Ms. Carr stated since there has been discussion as to the rights of the Districts in regards what they can or cannot do in their easement, I believe Mr. Doody has opined as to what you can and cannot do.  I do not want there to be any misunderstandings as to what the authority is.  It is my understanding from his opinion; you have the ability to maintain but does not necessarily extend to the ability to landscape, especially when we are not sure exactly where the easements lie.  We need the information in regards to who owns what and where to make sure it is clear and the District is not overstepping their bounds in an inappropriate fashion.  They are doing something whether it is in their easement or outside but outside the authority or ability of the District to do.

            Mr. Rosenof asked who is going to maintain this landscaping?

            Mr. Petty responded we do not have a suggestion outside of the District maintaining this area.  We certainly will take any suggestions the Board may have. 

            Mr. Rosenof asked who maintained it before?

            Mr. Petty responded no one.  It was un-maintained vegetative area.

            Ms. Benckenstein stated we do not have an easement on Winner’s Circle.

            Mr. Petty stated there is one on Country Acres.  The city has an easement extending off the bank.  We discussed this item at previous meetings while we were talking about the discussion.  We have a flowway down to the water. 

            Ms. Benckenstein stated we do not have a right to maintain because we do not have an easement.  The city will have to maintain it.

            Mr. Petty stated this area was a natural area.

            Mr. Rosenof asked what are the options of turning it to a natural area?  Is there a three tier planting system we can do, which can be more natural?

            Mr. Brian Archer responded there were 99% exotics such as Brazilian Pepper and Australian Pines.  This is not something you can replace.  You would not be able to return it to exactly the way it was.

            Mr. Rosenof asked can we create a natural buffer of native species?

            Mr. Archer responded not without maintenance.  Eventually those exotics will take it over.

            Mr. Petty stated a suggestion that came up at the Town Hall meeting is it would be a natural species.  Quite a few of the ornamentals are not native.  At the Town Hall meetings, the consensus among the residents who spoke was to keep it as natural as possible.  This is why we recommended we work with the City of Parkland on their approved tree list and try to maintain natural species as much as possible.  This is why we would put the plan together with their tree expert and submit to the city for approval.

            Mr. Rosenof stated exotics may take over without maintenance.
            Mr. Petty stated I would not suggest to this Board that we commit to long term responsibility in an area that is not a District easement or ROW.

            Ms. Carr stated we cannot do so legally.

            Mr. Rosenof stated agreed but the residents have to know the exotics are not going to spring up.  Would they be under any obligation to remove the exotics?

            Mr. Archer responded the exotics in the area have been removed.  In order to keep them from overtaking the new plantings, some control would have to be maintained.  It will be part of your typical maintenance.

            Mr. Petty stated I believe the City of Parkland has an ordinance requiring property owners adjacent to waterways to maintain to the water’s edge.  I believe for Ms. Ribotsky asked for a copy of the ordinance early on in our discussions during construction.  We submitted a letter to the city asking for their assistance in maintaining our canal systems.  I believe if we plant the material and provide the cover, we get ourselves out of a dilemma.  As far as long term maintenance, I believe it is the property owner’s responsibility and has been in the past.  This is a good response to a bad situation.  It gives the cover and puts good material back in an area.  Hopefully this addresses the owners and residents concerns in our Town Hall meetings.  I believe it does.  There will be at least one more public hearing process, which would be submittal of the plan after working with city staff to the City of Parkland for approval, where we can ask for anyone’s final words on the subject.

            Mr. Brewer stated the reason why we are bringing it up is because I want the residents to understand we are not maintaining it once we replace the trees, nor did we before. 

            Mr. Rosenof asked are there any public comments?

            Mr. Petty responded I suggest we discuss both items separately because we have not discussed the solution for Country Acres yet.

            Country Acres is a different matter.  We spoke to the residents on the Coral Springs side and their request was different than the residents on the north side.  The best way to handle this to satisfy both entities would be to remove the remaining Australian Pines, remove the existing compost heap or whatever was at the bottom of those Australian Pines, rebuild a small berm for safety purposes only to keep people from driving into the canal and replant with Areca Palms or other suitable material of similar nature as specified by the City of Parkland.  I believe this addresses the majority of issues we heard from the residents of Coral Springs who relied upon it as a vegetative buffer and sound barrier.  They also liked it for blocking the headlights of turning traffic. 

            The residents from Country Acres would like to see the Australian Pines removed as they have caused hazards in the past and would like to continue with the removal.  From there on, the suggestion was, “You can sod it for all we care just stabilize whatever you leave behind.  We want to see the root balls gone because we do not want to see the Australian Pines grow back”.  In this compost heap, there are Australian Pine seeds, stumps and twigs.  We cannot prevent the Australian Pines from coming back without removing it.  We can plant the Areca Palms on top, repair and patch to the best of our ability but the Australian Pines will come back.  Therefore, our suggestion is to clear it.

            We feel a combination of funding from NRCS through the contract requirements would put this contractor responsible for his actions.  Again this can be accomplished at no additional cost to the contract.  We believe this will not meet with resistance from our contractor.

            Mr. Rosenof asked will the contractor agree to remove the Australian Pines?

            Mr. Petty responded we believe he will since NRCS agreed to us they would qualify those for repayment under the removal process after Hurricane Wilma.  We believe he can do not just one part but both parts.

            Mr. Rosenof stated if we are going to remove the pile of garbage near the bank, will DEP be upset because we are going to put a lot of silt into the canal?

            Mr. Petty responded it would be part of the contract the control of turbidity in a water body and the proper screening would be overseen.  I do not see this as a problem in this area.  This canal does not go anywhere.  Controlling the silt to this location would be fairly simple to do.

            Mr. Rosenof stated I was more worried about the permitting agencies than the oversight.

            Mr. Petty asked Mr. McKune, do you see any problems?

            Mr. McKune responded no.  A simple silt barrier will contain it.

            Mr. Bertolami asked are you proposing to pull out the root stumps and either sod it or not put anything in there?

            Mr. Petty responded we propose the Board allow us, subject to approval by the City of Parkland commission to work with Parkland staff.  I also propose we modify our contract with Stiles to remove the remaining Australian Pines and remove the compost heap, replace the berm with a berm of similar nature, re-plant with Areca Palms, hold the contractor responsible for the watering in period and the District will be responsible for routine maintenance thereof and thereafter.  Sodding will go in to protect erosion problems.  We are currently looking at and suggesting Bahia sod.  We ask the Board to approve this subject to the City of Parkland approving the concept after working with staff.  This is conditional upon NRCS funding.  If anything occurs, we would like to come back to the Board with other options.  Since we appear to have preliminary approval from NRCS, we believe we can be this extensive in the repair at County Acres.

            Ms. Carr stated I request we get to see the modification of the contract to provide any input.

            Mr. Petty stated we will have it be subject to legal verification.  We also request District Counsel look at the appropriateness of construction on the site. 

            Mr. Rosenof asked if it is in Coral Springs, do we need approval from the Coral Springs permitting agency?

            Mr. Petty responded the property is not in Coral Springs.  The City of Coral Springs was good enough to do a survey at the time of the incident and determined the area was outside their city limits.

            Mr. Rosenof asked is it unincorporated?

            Mr. Petty responded the title was unincorporated for two days before it was determined to be inside of the city limits of Parkland.

            Mr. Rosenof stated Stiles must wish they never got this project.

            Ms. Ribotsky stated ultimately this will turn out to be a good thing in a strange way.  However, it is going to take a few months to resolve.  There are definitely some safety hazards.  I would like someone to go back there with cones or tape.  We need to rope it off until we can start some of this work so no one gets hurt. 

            Mr. Rosenof asked does Stiles general liability policy cover us for the suspended period of construction?

            Ms. Carr responded we definitely have a claim against their insurance for things caused by them.

            Mr. Rosenof asked is the manager making sure the general liability insurance certificates are up to date?

            Mr. Petty responded yes, through the District Engineer.  I defer the safety issue, which is a good suggestion, to our District and Consulting Engineer to see if they have any suggestions in this matter.

            Ms. Ribotsky stated I do not think anyone wants to live with orange tape around their yard for a long period of time but at the same time, I do not think anyone to see anyone hurt. 

            Mr. Rosenof stated it would be nice to at least see a sign saying "CONSTRUCTION ZONE – KEEP OUT”. 

            Mr. Petty stated I understand we are hopeful we will have this ready and presentable to the City of Parkland at the December 6th meeting.  Subject to their approval, we can start the reparations immediately.

            Mr. McKune stated with regard to the safety issues and marking up the areas, as the engineer, our insurance company will not allow us to even utter the word “safety”.  We cannot assume the rule of safety or point out areas safe and unsafe.  This is 100% the contractor’s responsibility and liability.

            Ms. Ribotsky asked can we request Stiles go out there?

            Mr. McKune responded it is not a request to them.  They have to do it.

            Mr. Petty stated it would not hurt us to send them a letter saying, “This issue came up and they should address it”.  We can certainly do so.

            Mr. Rosenof asked does anyone from the public have any comments?

            Mr. Richard Shaw stated I am the Director of Public Works for the City of Coral Springs.  My understanding is you are going to remove the Australian Pines, remove the berm, build a berm higher than 6’ and add Bahia sod.

            Mr. Petty stated this is what we are proposing.  We think we can do this with a combination of NRCS funding for removal of the trees.  We found fill material available at a decent price.  We believe we can do this within the contract by holding the contractor responsible.  The funding we will receive for the tree removal helps a great deal.  I think this answers most of the questions.

            Ms. Benckenstein stated on the Areca Palms, you said they will be watered in.  However this is a dry area.  Are we now going to be responsible for the trees surviving?  They will turn dead in a couple of months?

            Mr. Petty responded good question.  The watering in period covers establishing the trees until they can survive on their own.  We have a good water supply next door at the Country Acres and Winner’s Circle sites.  We will hold the contractor responsible.  They will also have to spray the sod.  Even though Bahia is tolerant of drought, it still needs to be watered in to get established.  Even though they made a mistake, they are a competent landscaping company who can be held accountable for establishing this material.  If there is no further discussion, I request the Board consider each proposal separately.  The Winner’s Circle proposal is to do reparations in the form of working with the City of Parkland in determining a three tier plant list and location, subject to legal review and the City of Parkland’s approval at their December meeting.  If any of these matters cannot be met, we will bring it back to the Board at the December meeting for consideration of the alternative.

            There being no further discussion,

 

On MOTION by Ms. Benckenstein seconded by Ms. Bertolami with all in favor the Winner’s Circle proposal to work with the City of Parkland in determining a three tier plant list and location was approved, subject to legal review and the City of Parkland’s approval at their December meeting.

 

            Mr. Petty stated the Country Acres proposal is to remove the remaining 600’ of Australian Pines and the compost berm, re-establish a 5’ berm with suitable fill material and replant with Areca Palms or other suitable material as approved by the City of Parkland staff, re-sod to stabilize with Bahia sod and established material, subject to legal review and the City of Parkland’s approval at their December meeting.  This is also subject to receiving NRCS funding for removal of the existing trees.  If any of these matters do not reach fruition, we will bring it back to the Board at the December meeting for consideration.

            Mr. McKune stated we would like some leeway on the height of the new berm.  However, this may depend on the slope held by the new berm and how much of the original grade is torn out of the root ball.  We do not want to encroach on Godfrey Road.  This will have to be worked out as we go.  However, the intent will be met which is to block the headlights.

            Ms. Bertolami asked will the pending NRCS approval be not only for the removal of the trees but also injecting the berm with sod?

            Mr. Petty responded the NRCS funds will be for the removal of the trees.  The remaining funds will come from the contract we have with Stiles, at no additional cost to Pine Tree CDD.  If there are any additional costs, we will bring it back to this body for consideration.

            Mr. Rosenof asked can we ask for cost recovery for the attorney and manager’s time?

            Mr. Petty responded it is certainly within the purview of the Board to seek such an alternative.  We have a good chance of coming out of this with a good result on a bad occasion.

            Mr. Rosenof stated I still do not want to give away money that is not mine.

            Mr. Petty stated I am not suggesting you would.  I believe this body is responsible for reviewing such contracts good or bad and if during their due diligence you have to oversee a contract where mistakes occurred, this is part of the responsibility.  Your staff is handling it this way.

            There being no further discussion,

 

On MOTION by Ms. Ribotsky seconded by Mr. Brewer with all in favor the Country Acres proposal to remove the remaining 600’ of Australian Pines and the compost berm, re-establish a 5’ berm with suitable fill material, replant with Areca Palms or other suitable material and re-sod to stabilize with Bahia sod and established material was approved, subject to legal review, the City of Parkland’s approval at their December meeting and receiving NRCS funding for removal of the existing trees.

 

            Mr. Craven asked when the city completes the title search for Winner’s Circle; can you provide me with a copy?

            Mr. Lauzier responded yes.  Thank you for your cooperation.  We look forward to a fine conclusion.

            C.        Discussion of Procedure for Determining District Purview

            Mr. Petty stated we have been asked by the Board to consider workshop programs before the meetings, after the meetings or with the meetings to discuss the future of the District and a progression leading us to a process wherein we would not find ourselves in such a condition should another hurricane or other storm event come upon us.  We started this process but asking District Counsel and the engineer to work on property ownership, easement ownerships and dedications in regards to what areas we are weak and strong.  The continuation of this in a workshop is we suggest you go.  We do not have anything for you to discuss tonight since our total effort has been concentrated on the repair work.  At the next meeting, I commit to bringing to you those workshops for you to consider and we will schedule them, work through the progression and take comments from the Board.

            Mr. Craven stated at the next meeting I would like to take a look at the overall District and make comments about certain areas so the Board is better informed before we get started.  It will take 10 minutes. 

            Mr. Petty stated this is a good suggestion and will start showing us what our priorities will be in looking at the ownerships in the ROW and the weaknesses and strengths.

 

FIFTH ORDER OF BUSINESS                         Attorney’s Report

            There not being any, the next item followed.

 

SIXTH ORDER OF BUSINESS                        Engineer’s Report

            Mr. Craven stated I do not have anything to report.

            Mr. Petty stated Mr. McKune has some news after talking with District Counsel about NRCS and possible funding elsewhere on our contract.

            Mr. McKune stated we have been discussing the ongoing nature of this project with NRCS who has funded approximately 75% of the cost of the work.  They told me today they will entertain and approve adding to the cost of the work the removal of the trees and perhaps rebuilding the berm.  This is a good benefit.

            Mr. Petty stated as you may recall, we went into this construction project assuming it was going to come out of pocket.  We thought we were too late.  It turns out we were not.  We believe we will get some funding on the removal.

            Mr. McKune stated this applies to the entire contract and funding for what has been done.

            Mr. Rosenof stated I assume keep the money in the bank for when this happens again because it will happen again.

            Ms. Ribotsky stated it has to be directly paid for.  I do not think this is money we get to hold on to.

            Mr. Petty stated the process is you pay the invoice; submit the invoice and they will reimburse you.

            Mr. Rosenof stated our budget was established based on zero reimbursements.  I do not want to change it because I want this money in the bank.

            Mr. Petty stated this Board asked staff to investigate short term notes or loans to cover any cashflow issues.  We suggest we put this issue on hold subject to getting the money back.  No sense entering into an agreement with anyone if we do not have any money yet.

 

SEVENTH ORDER OF BUSINESS                  Supervisor’s Requests

            Ms. Ribotsky stated I read through the minutes but I found it interesting to note there was a Broward County tree fund that we were able to get some money from.  Are there other sources the District can take advantage of, whether it be an arbor grant?

            I received an email from Ms. Kristin Jacobs about a meeting tomorrow morning by the SFWMD if anyone is available.  I cannot attend due to a conflict.  This meeting is about clean water in the Biscayne Aquifer.  This looks like an interesting meeting.  It would be a good idea for staff or a Board member to attend.  They are going to discuss secondary and tertiary canals, which directly applies to work in our District.  I think it is worthwhile for someone to attend.  I asked Ms. Jacobs to email to me an agenda package.

            Mr. McKune stated I cannot attend but we will try to obtain an agenda package.

            Mr. Petty stated in regards to the trees, I believe the Commissioner said at the Town Hall meeting there is a tree fund to aid in the planting of trees but they wanted recovery of those funds after some time.  Since the contract holds the contractor responsible, we have not looked into any other sources, since it would be to the contractor’s benefit.  The District is not responsible for any costs for the tree replacement.  I appreciate the suggestion.

            In regards to the issue of Drainage Districts and concerns on water quality, this is something that is going to be a hot topic.  The EPA has been pushing this and Broward County has been one of the first counties to respond ahead of time on the issue.  We know within two years people handling drainage will be hit very hard, including this District.  There will be compliance and water quality issues, which makes our task about getting ROW and maintenance areas set up a higher priority.  What we can do within this District is going to be limited.  While we know they understand those limitations, we know the push is going to be hard on all surface water bodies handling drainage.  We are going to be marked as polluters, which is not we wish to be called.  Flood control has been our number one priority and still is. 

            Mr. Brewer asked will we still be dealing with the re-landscaping and repairing of the canal banks three months from now?  Can staff get together and make things happen without Board approval?

            Ms. Carr responded we have been asking for some of the legal documents from Stiles to be prepared at their expense.  We have not received any documentation as of yet.  We need to push this forward as best we can.

            Mr. Brewer stated I do not want to be here 90 days from now and we still do not have a tree on the bank.

            Mr. Rosenof stated if a special meeting is needed to move this along or emailing certain documents to us, please do whatever it takes to move this along.

            Mr. Petty stated we have been so instructed by the Board to expedite and call a meeting if reconsideration of what you approved tonight is necessary.  District Counsel has given us excellent suggestions to keep the process moving.

            Mr. Brewer asked is the City of Coral Springs proceeding well on the staff level?

            Mr. Shaw responded I have been attending the meetings Mr. Petty is organizing.

            Mr. Brewer asked are we looking at much commission involvement if need be?

            Mr. Shaw responded we try to keep the residents informed about the progress.  If they are happy, the commission is satisfied.  I think all of you have done a great job.

            Ms. Ribotsky stated since we made those resolutions, I do not think we need to be involved anymore.

            Mr. Petty stated the Board only needs to be involved if something changes.

 

EIGHTH ORDER OF BUSINESS                     Audience Comments

            There not being any, the next item followed.

 

NINTH ORDER OF BUSINESS                       Approval of Financials and Invoices

            Ms. Ribotsky stated I noticed a great deal of cost recovery from the engineering bills.  There was a $700 expense for DVD’s from Advanced Cable Communications.  Why are we doing DVD’s for Advanced Cable?

            Mr. Petty responded they have a camera crew and we made a video record of all the damages the day after Hurricane Wilma.

            Ms. Ribotsky stated you could have called me.  I would have done it for $50.  Why did they charge $700?

            Mr. Petty responded for production quality for the public record in case we had to go to court.

            Mr. Rosenof asked at this point do we need to make a decision on the potential cost recovery?

            Mr. Petty responded the proposal you approved earlier included the cost recovery.  The cost recovery for engineering is part of the NRCS funding program.  They pay 100% of the engineering costs.

 

On MOTION by Ms. Bertolami seconded by Mr. Brewer with all in favor the financials and check registers for November 2005 in the amount of $17,919.53 were approved.

 

TENTH ORDER OF BUSINESS                       Adjournment

            There being no further business,

 

 

 

 

 

 

 

On MOTION by Ms. Bertolami seconded by Mr. Brewer with all in favor the meeting was adjourned.

 

 

 

 

                                                                                                                                                     

Paul Brewer                                                                 David Rosenof

Secretary                                                                      President

Notes from 11/2 meeting

 

Agenda Items