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, May 3, 2007 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

            Mark Weissman                                         Supervisor

 

            Also present were:

 

            Ed Goscicki                                                Interim Manager – Severn Trent Services

            D.J. Doody                                                Attorney

            Peter Colussy                                             CH2M-Hill

            Randy Frederick                                         Field Superintendent

            John McKune                                             District Staff

            Susan Walker                                             Severn Trent Services

            Dan Daly                                                    Severn Trent Services

            Several Residents

 

FIRST ORDER OF BUSINESS                         Roll Call

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

            I apologize for the confusion in the meeting time.  I want to thank Mr. Doody and Mr. Goscicki for their assistance.

            For those of you who do not know, I am running for the City Commission in the fall.  In the meantime, I will need to resign from the Board in order to run.  Therefore, effective the date of the landowner’s election, I will tender my resignation from this Board.

 

SECOND ORDER OF BUSINESS                    Audience Comments

            There not being any, the next item followed.

 

THIRD ORDER OF BUSINESS                       Approval of the Minutes of the April 10, 2007 Meeting

            Mr. Rosenof stated each Board member received a copy of the minutes of the April 10, 2007 meeting and requested any corrections, additions or deletions.

            Mr. Goscicki stated these minutes are in summary form because there was a problem with the recording.  If I missed anything, provide those corrections to me now or email them to me and we will include in the minutes for the next meeting.

 

On MOTION by Mr. Weissman seconded by Mr. Brewer with all in favor the minutes of the April 10, 2007 meeting were approved.

 

FOURTH ORDER OF BUSINESS                    Discussion of Tree Repair at Winner’s Circle/Country Acres

            Mr. Colussy stated the last two outstanding tree removal areas, Country Acres and Winner’s Circle have been completed.  NRCS has been out for the last two weeks performing final inspections.  They approved everything and are satisfied with the work.

            I have a photograph of the Godfrey Road area, which was taken on Tuesday.  Areca Palms were planted on the north side of the berm and the sodded areas are starting to turn green.  We hydro-seeded two to three days after the last Board meeting on the south side of the berm.  Some of the seed is starting to sprout.  Stiles is watering every other day.  We need a good rain.  Stiles assured me they will hydro-seed as many times as they need to in order to get the sod established.

            Mr. Rosenof asked are you required to install Turbidity Barriers?

            Mr. Colussy responded during construction but only when there is work taking place in the water.

            Mr. Rosenof asked do they require you to keep the Turbidity Barrier up until the grass comes in?

            Mr. Colussy responded no.  We are not excavating anything.  We are just installing sod.

            Mr. Rosenof asked did you get a permit from DEP?

            Mr. Colussy responded no.

            Mr. Rosenof stated DEP does not require them.

            Mr. Colussy stated we have not received any negative comments.  All of the comments seem to be positive.

            Mr. Brewer stated the palms ended up being a good size.

            Mr. Colussy stated there are almost 300 in there.  They had so many; they had to squeeze them in.

            Mr. Weissman stated it looks more like a barrier than I expected it to be.

            Mr. Goscicki stated I agree.  Mr. Colussy and I were out there this afternoon and it is a dense full barrier.

            Mr. Rosenof asked have we heard anything from the resident who was upset about his sod?

            Mr. Colussy responded apparently he stopped by several times and talked to some Stiles crew members.  My understanding is he questioned them on the hydro-seeding of the grass.  We are doing what we can.  They guaranteed us a year warranty but said “Let it start raining and you will see a nice berm”.

            Mr. Rosenof stated sounds good.

            Mr. Colussy stated Winner’s Circle is much the same.  The only problem we are having is Iguanas are starting to eat some of the small plants.  I guess the pepper is sweet.  NRCS performed an inspection and they are satisfied with everything.  The City of Parkland had some additional work for Stiles to do, which is now complete.  Mr. Brian Archer told us he was satisfied.

            Mr. Rosenof asked did we receive any comments from the neighbors?  We saw some neighbors across the pond who were not happy.

            Mr. Colussy stated I have not heard anything nor have our inspectors.

            Mr. Goscicki stated the only comment we received through the District office was from Mr. George Rocca regarding the hydro-seeding. He was concerned the entire area was not seeded.  We had Mr. Colussy confirm to him the hydro-seeding was completed.  

            Mr. Colussy stated as we receive invoices from Stiles we will submit them to NRCS.

            Mr. Brewer stated good job.

 

FIFTH ORDER OF BUSINESS                         Consideration of Change Order No. 2 with Stiles Landscape Company for Hydro-Seeding the Canal Adjacent to Godfrey Road for a Net Increase of $3,640

            Mr. Rosenof stated I thought we already approved this.

            Mr. Goscicki stated this is a ratification.  The Board approved it in concept at the last meeting.

 

 

 

On MOTION by Mr. Weissman seconded by Mr. Brewer with all in favor Change Order No. 2 with Stiles Landscape Company for Hydro-Seeding the Canal Adjacent to Godfrey Road for a Net Increase of $3,640 was ratified.

 

            Mr. Weissman stated I spoke with Commissioner Ilene Lieberman regarding a $5,000 grant.  She already spoke to people about this and I spoke to someone in the District Office.  If there are any questions about where we need to go, call Commissioner Lieberman’s office.  She has pre-approval to receive $5,000.  There are no discretionary funds.

            Mr. Rosenof asked are you aware about the process?

            Mr. Goscicki responded no.

            Ms. Walker stated I spoke with Mr. Weissman and we are working on it.

            Mr. Daly stated emails were sent and phone calls were made.  I recall seeing on the commission website, the grant for 2006.  I called Commissioner Lieberman twice and received no response.

            Mr. Weissman stated call Commissioner Lieberman’s office and ask for her aide, Dorathea.  She is aware of this.

            Mr. Goscicki stated I can meet with Mr. Daly tomorrow.

 

SIXTH ORDER OF BUSINESS                        Manager’s Report

A.        Distribution of Proposed Budget for Fiscal Year 2008 and Consideration of Resolution 2007-3 Approving the Budget and Setting the Public Hearing

            Mr. Goscicki stated I distributed the proposed budget for fiscal year 2008.  The budget process begins with us submitting the budget to the Board for approval.  This approval allows us to establish the public hearing date, at which time the budget will be adopted.  Between now and the public hearing date, the Board has the opportunity to review and modify this budget.  There will be some modification of this budget as we move forward.  This year’s budget anticipated taking out a short-term Line of Credit to fund some of the hurricane tree removal.  We have not moved forward with this short-term financing and we need to do so.  The numbers in the budget reflect this fact.  According to the first page of the budget, we are in the negative by $91,402 in the fund balance.  Without taking out the short-term loan, we used all of the reserves to implement this $500,000 improvement.  We will be taking out the short-term loan towards the end of the fiscal year.  However, there will still be an increase in assessments from this year to the next.

            Mr. Rosenof stated from $142.75 to $226.81.

            Mr. Goscicki stated it will probably be less because when we put the short-term financing in place, it will reduce the $91,402 to zero or maybe into a slight positive.  We wanted to give you a budget we know will not come back and exceed.  This budget is fairly conservative in terms of what the maximum assessments could be so we are not in the position later on of raising them because it creates another notification problem.

            Mr. Rosenof stated this is the first time in years we have not changed the taxable units. 

            Ms. Walker stated it will be changed later.

            Mr. Goscicki stated it will work its way through the process.  This is why I requested Mr. Colussy and Ms. Walker attend tonight’s meeting.  The public hearing is scheduled for July 5th.  We may want to discuss this date as Board members may be planning a long weekend for the July 4th holiday.

            Mr. Weissman stated there is going to be a special section of the legislature.  How will this impact our ability to collect what we are proposing?

            Mr. Goscicki responded from what I understand, the issue in front of the legislature deals with ad-valorem assessments and not special assessments.

            Mr. Weissman stated there have been some members who focused on some of these Special Taxing Districts, including some from this area.

            Mr. Goscicki stated I will have to defer to District Counsel and other experts but my understanding is the focus of the legislature to date has been on ad-valorem taxes and the increase in property values and the inflation it created in governments and districts alike.  In the case of this District, we are talking about a special benefit tied to the property, which is separate and different from an ad-valorem tax that is not property or unit specific.  We will create this tax across the entire system and recognize some people will use the service.”  For the legislature to approve some legislation requiring us to rollback a special assessment, in some cases, this may not be possible to do. 

            Mr. Weissman asked can they do this by general law?

            Mr. Doody responded yes.

            Mr. Weissman stated as I see it, during those 10 days, everything is going to be wide open.  The House and Senate are obviously on different pages.  They might get away with it this year because there is no election.

            Mr. Goscicki stated we are watching this.  For CSID and NSID, we have a paid Lobbyist in Tallahassee dealing with the changing of their enabling legislation, which has gone through both the House and Senate.  We are in close contact with them on a regular basis.

            Mr. Weissman stated we should have a contingency plan if we are rolled back to 2004, which is a possibility as opposed to sitting here on July 5th two weeks after the session ends and it is too late to do anything.  Maybe, this is something we should look at today as we have more time.

            Mr. Goscicki stated we will go back and look at potential rollbacks to 2004.

            Mr. Weissman stated this seems like something they were negotiating.  At one point they were talking about 2001 or 2002.

            Mr. Goscicki stated we will go back to 2004 to see what this means in revenue.  It is probably dire in terms of the impacts on the District.  The challenge the Board has is you just spent the reserves you had to deal with the hurricane issues.  You could be in a dire situation of almost having to shut down all of your maintenance.

            Mr. Weissman asked do we have the ability to special assess the residents?

            Mr. Doody responded you may have this ability but I will have to research this further.  We are a creature of a special act.  I am inclined to say yes but I want to make sure I will be able to cite you the section of the special act.

            Mr. Weissman stated unless they pass some general law precluding this.  We should analyze what we can do and what we cannot do to see if we have any options. 

            Mr. Doody stated passing a special assessment on a blanket basis becomes a legal challenge.

            Mr. Rosenof stated let’s move forward on this basis.  In two months, we will have a public hearing and look to staff to bring options to us as far as contingency funds for whether or not we can levy a special assessment or put the roots back into the canal.

            Mr. Goscicki stated we will bring back a contingency plan at the June meeting.

            Mr. Doody stated to clarify; the Board is not approving the budget.  The budget is still subject to approval.

            Mr. Rosenof stated we are approving the draft as the basis of setting the public hearing.

            Ms. Bertolami asked will it include the contingency plan?

            Mr. Goscicki responded no.  You are approving a set of numbers for the purpose of establishing the public hearing.

            Mr. Rosenof stated if it was egregious enough to where we did not want to let the public see it, then we would not vote on it but if it is close enough to where we think it will pass public scrutiny, we should approve it now and it will be brought before the public in 60 days.

            Mr. Goscicki stated correct.  You have the opportunity during the 60 days to amend this budget.

            Ms. Bertolami asked will the reimbursement be shown through September of 2007?

            Mr. Goscicki responded yes.  It represents monies not collected and we anticipate collecting.  The uncollected money is what we anticipate collecting on the 75% of the $68,000.

            Mr. Doody stated Resolution 2007-3 by title is:

“A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PINE TREE WATER CONTROL DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2008 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW”

 

On MOTION by Mr. Brewer seconded by Mr. Weissman with all in favor Resolution 2007-3 as stated above was adopted.

 

B.        Consideration of Resolution 2007-4 Designating Signatories

            Mr. Goscicki stated this is a housekeeping issue in order to have Ms. Pamela Rower who is our Fiscal Manager be designated as Treasurer and me as Assistant Treasurer.  This will allow us to get our names on signature cards at the bank to make sure your funds are taken care of and checks get cut.

 

On MOTION by Ms. Bertolami seconded by Mr. Weissman with all in favor Resolution 2007-4 Designating Ms. Rower and Mr. Goscicki as Signatories was adopted.

 

SEVENTH ORDER OF BUSINESS                  Attorney’s Report

            Mr. Doody stated in regards to the budget, our legal representation provides services to the District on an hourly basis in the amount of $185 per hour.  This is a governmental rate, which we provide to our governmental clients.  The rate does not increase based on any requests you make but on increased activity.  Hopefully it will decrease in the coming year.

            Mr. Brewer stated unless we have a hurricane.  You are saying there are no hourly rate changes unless there is more activity.

            Mr. Doody stated there have not been any changes over the past year or two.

            Mr. Rosenof asked can we look at cost recovery for any of your time with the Stiles matter?

            Mr. Doody responded it was discussed but never finalized.

            Mr. Rosenof asked how can we pursue this?

            Mr. Goscicki responded at this point, you can resolve your final change order with Stiles and close it out.  To try to go back and resurrect it now, will be difficult.

            Mr. Rosenof asked do you agree?

            Mr. Doody responded yes.  With respect to the un-permitted culvert, I have been sending letters to contractors and the developer.  I also called the City Attorney and provided him a copy of the letters saying the culvert needs to be removed as it was not approved by the District and failure to do so, the District will consider other avenues.  I am not threatening them but simply asking them to remove it.

            Mr. Rosenof asked do you know who issued the permit?

            Mr. Doody responded I think it was the city.

            Ms. Bertolami stated the process has been the city issues the building permit for construction and is a part of what is required in Pine Tree and what the engineer looks at, signs off on and makes recommendations.  This individual is now the one running the department.  In order to obtain a building permit, the applicant has to submit drainage plans. 

            Mr. Rosenof stated your signature is on the permit.

            Ms. Bertolami stated in order to obtain a building permit; it has to go through an engineer for review independent of the city.  I was not aware of this either.

            Mr. Rosenof stated it is unsafe. 

            Mr. Brewer asked how long have we had the letter out to the city?

            Mr. Doody responded not long.  Mr. Craven just got back to us with the information this week.

            I spoke to Mr. Tom McDowell of Craven, Thompson.  There had been some discussions in terms of Mr. Craven along with Craven, Thompson.  Once they close their matter, I will move forward to formalize the relationship Craven, Thompson has with the District for the services of Mr. Warren Craven.  They seem to be going in separate directions. 

            Mr. Rosenof stated we are on loose agreements with many of our consultants.

            Mr. Doody stated in terms of the ongoing discussion of notices, I want to bring this matter to conclusion.  I spoke to the manager prior to today’s meeting and suggest the Board give us some direction as to a convenient time.  The Special Act does not mandate the Board meeting at 6 p.m.  However, difficulties have arisen with respect to the advertisement being placed stating the meeting is at 6 p.m. and individuals trying to change the time.  I am of the opinion; the time can be changed, provided there is reasonable notice in advance, notwithstanding the advertisement being placed.  We have to post notices so the public can be advised, just like a special meeting can be called by a City Commission.  The concept under Florida Law is the public has to have reasonable opportunity to know about the change so they have the opportunity to attend.  You have to meet the Sunshine Law.  The idea is to insure you are not breaking the Sunshine Law by changing the meeting or create an inconvenience for the public.  If you are comfortable with 5:30 p.m., please let us know.  If you want 6 p.m. or 4 p.m. or 2 p.m., I am fine with it.  We just want to make sure there is some flexibility.  The advertisement you place has to specify the time you agree on with the caveat it is subject to change upon reasonable notice.  You can put in a phone number to contact someone to confirm the time.  This gives you some latitude.  I do not think you want to change the time from 6 p.m. to 4 p.m.  I feel 5:30 p.m. is reasonable. 

            Mr. Rosenof stated 6 p.m. has always worked.  If it did not work for a supervisor, we always changed the time to accommodate them.  However, in the seven years I have been on the Board, this only happened two or three times.  Does anyone have a problem with 6 p.m.?

            Mr. Brewer responded no.

            Ms. Bertolami responded 6 p.m. is fine.

            Mr. Goscicki stated the problem with moving the time up is providing reasonable notice.  This is where we start getting uncomfortable.  There is no problem moving it back because all we have to do is put a note on the door saying we will be there in half an hour but if you move it up, the burden is on us to show we gave reasonable notice.  It takes three days to get an advertisement placed in the newspaper.

            Mr. Rosenof asked does it have to be in the newspaper?  Can we put it on the website?

            Mr. Goscicki responded we could but then again it comes down to what is reasonable notice.  Placing an advertisement in the newspaper in the community section is reasonable notice.  Whether or not it is reasonable for everyone in the community to know you have a website and know how to access it are arguments we do not want to get into.

            Mr. Doody stated it is not mandated or legally required by a statute of the Special Act.  However, a better course of conduct has been one that is followed.  If you do not want to spend the money, discuss it during your budget deliberations.

            Mr. Rosenof stated good idea.  You are tied to 6 p.m., if you are not going to post a notice.  Typically you only have to provide notice of your meetings once a year.  Cities publish their meetings on a monthly basis.  However, public hearings are published.  There is a required advertisement under the statute.  It is in your best interest to retain this practice but does not lock us in, provided we adjust it with reasonable notice and be able to assure the public we were not trying to avoid scrutiny or public participation and were acting under the Sunshine Law.

            Mr. Goscicki stated the District has a website, which is www.FLADistricts.com. 

            Mr. Rosenof asked can we get a link for the Parkland and Coral Springs websites?

            Mr. Goscicki responded there is a link from our website to the City of Coral Springs website

            Mr. Rosenof stated I would like for there to be a link from their websites to the District website.  For the City of Parkland, all you need to do is speak to Ms. Suzy Hayes at the library.

            Ms. Bertolami stated her email address is: Shayes@CityofParkland.org. 

            Mr. Rosenof stated maybe she can add a link for NSID, which is on the other side of Parkland.  I would love to publish meeting minutes.

            Mr. Daly stated two years worth of minutes are already published.

 

EIGHTH ORDER OF BUSINESS                     Engineer’s Report

            There not being any, the next item followed.

 

NINTH ORDER OF BUSINESS                       Supervisor’s Requests

            Ms. Bertolami stated the engineering fees are excessive over what was projected.  I suggest going forward, staff keep a handle on what transactions are causing these peeks and try to initiate some cost recovery work.  Is this reasonable?

            Mr. Rosenof responded absolutely

            Mr. Goscicki stated I agree.  Most of the overages are due to CH2M-Hill and not your District Engineer.  CH2M-Hill provides services to a number of districts we work with.  I have been meeting with them on how to get better reporting on a routine basis so we as your manager are better informed on the status of each project and their fees.

            Ms. Bertolami stated if there is something we can put into place to curb those fees, it would be appropriate.

            Mr. Goscicki stated a large part of the engineering fees associated with this project are also reimbursed.  We did not put all of those engineering reimbursables into the budget yet as we are still working through some of the numbers.  It is getting better.  We spent a great deal of time today with the team working through some of these issues.

            Mr. Doody stated if this Board wants to go the cost recovery route, I suggest you enact a resolution clarifying what you are going to do in terms of recovery based on recommendations from staff on costs such as administrative and legal.

            Mr. Rosenof asked have you looked at our permit fees to make sure they are reflective of the engineering costs?

            Mr. Doody responded I do not think there has been any increase.

            Ms. Bertolami stated it surprises me some of the costs coming through here were specific to a small number of people who benefited from it. 

            Mr. Rosenof asked can you prepare a resolution for the next meeting?

            Mr. Doody responded this may be premature as you need to have recommendations from staff such as your engineer.

            Mr. Rosenof asked does the resolution need to be based on activity?

            Mr. Doody responded the resolution has to set forth the basics on how much you are going to recover and what activities you are going to recover.  Legislatively, you are going to create a document establishing your legal basis for the recovery of fees.  You are charging people and you are not going to know what those costs are.  You are only dealing with the concept.  You need the recommendations to put those costs in there.

            Mr. Rosenof asked is this something Severn Trent Services can put together for us?

            Mr. Goscicki responded this is something we need to work with the engineer on.  You currently have a permit process but the fee is based on some historical estimate of the cost of providing this service.  What I hear the Board question is whether there are real spikes in the engineering activity, probably associated with some of these issues.  Most of your engineering costs deal with construction and the Stiles issue and not so much on the permitting.

            Mr. Doody stated in fairness to the HOA, they wrote a check for my fees and for Mr. Craven’s fees.

 

TENTH ORDER OF BUSINESS                       Approval of Financials and Invoices

            Mr. Weissman stated we did not receive a balance sheet.

            Ms. Walker stated when I emailed them to Ms. Ilana Rabone last week, the financials were all there.  Maybe the Recording Department did not include them with the agenda package.

            Mr. Goscicki stated I am not asking you to assess blame on anyone.  Did you bring copies with you?

            Ms. Walker responded no.  We will get this out to you.

 

On MOTION by Mr. Weissman seconded by Mr. Weissman with all in favor the financials and check registers for April were tabled until the next meeting.

 

            Mr. Goscicki asked do you find the balance sheet to be a useful tool?  Some Boards look at the balance sheet, especially those who have a financial background and understand it.  Other’s do not care and look at what was budgeted and spent.  If you find this to be a useful tool, we will certainly keep giving it to you but if you are not satisfied we can change it.

            Mr. Brewer responded you can make some of these municipalities place a deposit and then we would draw off of this amount.  Then if it is a returnable fund, we could give them money back.

            Mr. Weissman asked do we have a collection problem?

            Mr. Brewer responded not so much collecting the money but we are not recovering our costs.

            Ms. Walker stated we were required to retain a deposit for certain projects where we had to keep track of it and at the end, I refunded the money.

            Mr. Rosenof stated from a realistic point of view, we have not issued many permits this year.  The bigger problem is these are special exceptions.  The money is bleeding out from special projects.

            Mr. Brewer stated due to the hurricane and the Stiles matter, we exceeded our budget.  I am going to have to go through this budget line by line because I am confused.  We will have to issue a higher assessment for every homeowner and borrow money.  I do not know how much cost recovery we can do. 

            Mr. Goscicki stated if you have any questions on the budget; feel free to give me a call.

            Ms. Bertolami stated we can establish a Special District to benefit specifically from procedures we put into place.

            Mr. Rosenof stated Mr. Doody would have a problem with this.  We talked about this a couple of times.

            Ms. Bertolami stated I thought this was doable and we could have an unnamed subdivision benefit specifically from something this Board could provide to them.

            Mr. Doody stated you can levy a special assessment.

            Ms. Bertolami stated maybe we need to see something in writing outlining this going forward.

            Mr. Doody stated you can do this on a smaller scale as it will be difficult on a legal basis to apply it across the entire District.  I think there is discussion on cleaning up the canals.

            Mr. Rosenof stated a lot had to do with the Godfrey Road projects.  The residents wanted us to clean up their canal and mow their grass.

            Mr. Doody stated the question was where the District gets the money.  There was the discussion on issuing them a special assessment.  Other members of the District not affected by this canal were going to be asked to bear this burden.  Legally you cannot do this.

            Ms. Bertolami stated going forward; we need to keep in the back of our minds whether there are procedures we can follow; something affecting a small group of people rather than the entire District.

            Mr. Doody stated we can do this if there is a special benefit accruing to them and we can identify this benefit.

            Mr. Daly stated I work for CSID.  I had the opportunity to go the city to receive a plaque of appreciation for the waterway cleanup, which Mr. Frederick and his staff were involved in.  I wanted to give the Board some t-shirts.

            Mr. Doody stated for the record, you should ask members of the public for questions regarding any matters considered today.

            Mr. Rosenof asked are there any questions from the public?  Not hearing any,

 

ELEVENTH ORDER OF BUSINESS               Adjournment

            There being no further business,

 

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

 

 

 

                                                                                                                                                     

Paul Brewer                                                                 David Rosenof

Secretary                                                                      President