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, June 7, 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

            Donna Benckenstein                                   Assistant Secretary

            Mark Weissman                                         Supervisor

 

            Also present were:

 

            Ed Goscicki                                                Interim Manager – Severn Trent Services

            Julie Klahr                                                  Attorney

            Warren Craven                                           Engineer

            Peter Colussy                                             CH2M-Hill

            Randy Frederick                                         Field Superintendent

            John McKune                                             District Staff

            Dana Kaas                                                 Severn Trent Services

 

FIRST ORDER OF BUSINESS                         Roll Call

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

 

SECOND ORDER OF BUSINESS                    Audience Comments

            This item was tabled until later in the meeting.

 

THIRD ORDER OF BUSINESS                       Approval of the Minutes of the May 3, 2007 Meeting

            Mr. Rosenof stated each Board member received a copy of the minutes of the May 3, 2007 meeting and requested any corrections, additions or deletions.

            There not being any,

 

On MOTION by Mr. Weissman seconded by Ms. Benckenstein with all in favor the minutes of the May 3, 2007 meeting were approved.

 

 

FOURTH ORDER OF BUSINESS                    Award of Contract for Culvert Cleaning

            Mr. Goscicki stated we put out the same bid for this District, Sunshine and CSID and received the same low bidder.  You will notice this bidder is significantly lower than the other two and you may have some concerns.  Mr. Fredericks, your Operations Manager along with the engineer reviewed the bid, the contractor and their qualifications.  This contractor is using somewhat different technology.  He has some new vacuum equipment, which he is comfortable and confident with.  This contractor performs work on other projects. 

            Mr. Rosenof asked do we have experience with this contractor?

            Mr. Goscicki responded no.

            Mr. Rosenof asked do we have his references?

            Mr. Goscicki responded we reviewed his references and insurance and feel comfortable with what he provided.

            Mr. Rosenof asked is any bonding required?

            Mr. Goscicki responded not on this project.  We are comfortable and staff is comfortable with him and recommend award of the contract.

            Mr. Rosenof asked do we have a budget line item for this project?

            Mr. Goscicki responded we budgeted $30,000.

            Mr. Rosenof stated we are $10,000 under budget.

            Mr. Goscicki stated correct.

            Mr. Brewer asked was our line item budget based on last year’s contract?

            Mr. Goscicki responded yes. 

 

On MOTION by Mr. Weissman seconded by Ms. Benckenstein with all in favor the culvert cleaning contract was awarded to Fish Tech, Inc. in the amount of $20,000.

 

FIFTH ORDER OF BUSINESS                         Consideration of Engagement Letter with Grau & Associates to Perform the Audit for Fiscal Year 2007

            Mr. Goscicki stated Grau & Associates is your current auditor and their engagement letter is for the upcoming year.  Their fee reflects a 3% to 4% increase over the fee from last year at $7,300, which is comparable to fees in other districts for audits of this complexity.  This is a straightforward audit.

            Mr. Rosenof asked was this amount budgeted for next year?

            Mr. Goscicki responded we budgeted $7,000 for next year, which I recommend we increase by $300 to match this not to exceed amount.

            Mr. Rosenof stated the amount increased by $200 over last year’s fee.

            Mr. Goscicki stated correct.

            Mr. Brewer asked do we have any other competitive bids?

            Mr. Goscicki responded no.  We typically go out every couple of years and will enter into an agreement to renew them for a period of three years.

 

On MOTION by Mr. Brewer seconded by Ms. Bertolami with all in favor the Engagement Letter with Grau & Associates to Perform the Audit for Fiscal Year 2007 in the amount of $7,300 was approved.

 

SIXTH ORDER OF BUSINESS                        Manager’s Report – Questions and Comments on Proposed Budget

            Mr. Goscicki stated we provided the revised budget for fiscal year 2008 to each supervisor.  The operational and administrative expenses stayed the same with the exception of canal cleaning, which increased from $30,000 to $50,000.  The primary change was to re-structure the fund balance forward.  This reflects comments from the Board at previous meetings in regards to how much money is in the bank, the amount of reserve funds and what they look like.  I shared your concerns with the accountant in regards to the way this budget was structured as the way we presented the numbers were confusing.  When you look at the cash forward surplus in the version of the budget provided at the last meeting, line five on the revenue side was in the negative by $91,000.  Obviously this was alarming.  We were looking at whether we were going to run out of money this year, go into deficit spending and need short-term financing to cover our debts. 

            As we looked at the budget again and had our finance people from CSID review it, we recognized this was a presentation problem more than a fiscal problem.  When we re-worked the numbers and removed the reserves, the budget fully disclosed where the money was.  The reality is you are going to end up with a $74,000 fund balance forward at the end of this year.  This is not a significant amount of money and quite honestly, an insufficient amount of money but still on the positive side.  We took the carry forward surplus and netted it out to zero.  In future budgets, you will not even see this number on the top line.  It is not a revenue item but a Reserve Fund.  If you look at the CSID budget, you will see the presentation is much more in the format of what we revised ours to look like to where the Reserve Fund was below the line.  The revenues and expenses need to net out to zero and then you come up in the reserves.  It then becomes a policy decision of the Board to pull money from reserves and use it to offset revenue.  By putting the numbers below the line, it is much clearer.  It is your decision as to whether or not you want to pull down reserves as part of the funding going forward or increase your assessments if required to meet those revenue requirements.

            If you look at the last two lines on page two of the revised budget for Field Operation Expenses, you will see a first quarter operating reserve of $94,000 and reserve for R&R of $50,000.  These did not show in the previous part of the budget.  The reserve for R&R is an annual amount and not a total reserve amount.  It is an amount you are putting in this year and next year to start building your reserves.  As we discussed at the last meeting, this Board went through significant reserves of $400,000.  However, due to hurricane expenses, you are down to $74,000 as of the end of this year.  Compared to last month, you paid for it through cash financing and the current reserves.  You do not need to do short-term borrowing to cover this expense.  The bad news is you spent down all of your reserves and are down at rock bottom.  We are recommending a $94,000 reserve just for the first two months operating expenses and at this time, you only have $74,000.  

            We are currently talking with SunTrust Bank to establish a Line of Credit.  The Line of Credit will be there if we need to draw on it but only if we need to and will require action by the Board to do so.  The concern is we are definitely tight going into next fiscal year in terms of whether or not we have enough operating capital until the tax receipts come in.  As you know, we operate the first two months out of our reserves until we receive our tax revenues.  If an emergency comes up, we certainly want to have the ability to tap into a ready fund of sources.  We are looking at a $500,000 Line of Credit.  There will be no cost to the District unless we decide to draw down on it.

            In summary, the budget we gave you last month showed an increase in the assessments per unit from the current $142.72 to $226.  Because we are increasing the reserves, the budget will reflect an assessment of $254.66 per unit.  This is a significant increase over where you have been but still an exceedingly reasonable amount when you look at $250 per year.  You cannot find a HOA who charges $250 per year and are providing those vital services of stormwater management and drainage.

            Mr. Rosenof asked why is Building Rent going to zero?

            Mr. Goscicki responded it is zero on the administrative side because CSID was charging rent for use of office space by shared employees.  Since I am also the manager for CSID, we thought it was inappropriate to pay for shared staff under this line item.  Therefore, there is no rent under the administrative expenses but still rent under field operations.  We maintain some of our field equipment at the CSID building for $4,800 per year.

            Mr. Rosenof stated Engineering Fees decreased by half in your projection.  Why?

            Mr. Goscicki responded many of the fees were associated with CH2M-Hill for the hurricane repair work.  We do not see the need for them as we move forward.

            Mr. Rosenof asked how do you account for cost recovery?

            Mr. Goscicki responded we talked about this at the last meeting in terms of permit fees.

            Mr. Rosenof asked not just the permit fees but there may be a case where Stiles caused damage, not only resulting in construction cost overruns but engineering and attorney expenses.  We had a situation before where staff time was unrelated to a project.  For example, I think there should be cost recovery for the broken culvert, not only to repair it but for Mr. Craven’s time.

            Mr. Goscicki responded the reality is we do not budget for it on either side, because they are extraordinary events.  If you have an event occurring where we need to spend additional staff time dealing with other entities and recovering revenue from them, the expense would be listed as an extraordinary expense and the revenue will hit as additional revenue.

            Mr. Rosenof asked why did Repairs and Maintenance decrease from $317,000 to $16,000?

            Mr. Goscicki responded this was the Stiles contract.

            Mr. Rosenof stated you made a comment on the recharge water, which I was wary of based on this year’s expenditures.  This year they stopped giving us water.

            Mr. Craven stated only for the last two months.

            Mr. Rosenof asked does $8,000 represent a normal year?

            Mr. Goscicki responded yes.  In the adopted budget for last year, this line item was $10,000.

            Mr. Rosenof asked are we projecting to spend another $4,500?

            Mr. Goscicki responded we projected the remaining balance of the budget on this item.

            Mr. Rosenof asked is the definition of a unit an acre or fraction thereof?

            Mr. Craven responded yes

            Mr. Goscicki stated I do not know.

            Mr. Rosenof stated I never received a straight answer because every year the numbers of units change.  I do not know how you change the number of units.

            Mr. Craven stated the Tax Assessor gives us the number of units.  The only change was in areas taken from private to public or public to private. 

            Mr. Rosenof asked does this mean there are 2,150 acres within the Pine Tree W.C.D.?

            Mr. Goscicki responded the way this gets defined is in your Assessment Methodology Report, which is part of the original bonding for the District.  I will research this and find you an answer.  Typically the process is you have an Assessment Methodology Report, which sets out how you are going to allocate across the different types of land uses or development.

            Mr. Rosenof stated we received three different answers from the prior manager on the way this was calculated.  One week a unit was an acre or fraction thereof, meaning if someone has a half acre lot, they pay the same as the person who has an acre lot.  Then we heard if someone has a quarter acre, they only pay a quarter of the $254.  How was this calculated for someone in another neighborhood where the city owns their street?  No one has ever been able to give me a definitive answer.

            Mr. Goscicki responded I will see what I can find out for the next meeting.

            Mr. Rosenof stated whatever it is, needs to be written down and memorialized.

            Mr. Goscicki stated absolutely.  It should be in a firm document, not arbitrary, which establishes the practice.  I will see what the base document is.  If there is none, we will have to create one.

            Mr. Rosenof stated one of the projects we were working on was trying to firm up the ownership of the majority of land within the District, especially along the Sawgrass Expressway and the canal.  Are there any costs in the budget for this task?

            Mr. Goscicki responded no.  The previous manager was looking at creating a team and shared staffing between the multiple districts.  However, this never came off of the ground.  The additional staff coming on board performed accounting activities.  Two staff members have already been terminated as there was no need for them.  The program was never structured or put into place.  The answer is no.  You as a Board and me as your staff need to look at the best way to do this.  The concept of dedicating one full-time staff person to go through records is a long-term tedious effort. 

            Mr. Rosenof stated I am not sure we will ever find out the truth.

            Ms. Bertolami stated I think they will perform a title search but it will be very costly.  Do we have the rights to the canals?

            Mr. Craven responded I do not think it is going to be as costly and time consuming as you might believe.  If we can get copies of all recorded plats for the recorded subdivisions, we are 75% there because they will show the dedications of the canals and easements.  For the others, we performed a Yeoman’s search on the main north/south canal when we got the title clarified.

            Ms. Bertolami asked do we need to obtain plats from the city or county?

            Mr. Craven responded Mr. Brewer and I can sit down and make a list of all of the plats.  Each plat costs $10 per sheet.

            Mr. Brewer stated we can probably get them off-line.

            Mr. Rosenof stated a year and a half ago when Hurricane Wilma hit, we were frustrated there was no Federal money to be found, because we did not know which part of the canal we owned.  We made a statement to our former manager that we cannot let this happen again.  A year and a half later, we are still not sure what we own and do not own.  There needs to be enough staff time in our budget to fix this.

            Mr. Goscicki stated the right way to go about this is to do what Mr. Craven recommends.  This is actually an engineering type of function.  We do not keep plats on record.  They are kept by the county and the city.

            Ms. Benckenstein stated I spoke to Mr. Doody about this matter last week because another hurricane season is approaching.  He told me it will be quite costly to go through this entire title search.

            Ms. Bertolami stated it’s a good start.

            Mr. Rosenof stated the next time we have a storm and have to go to the Federal Government, we can actually get some money.

            Mr. Brewer stated we have been arguing with the City of Parkland for 10 years about who owns the roads in Pine Tree.

            Mr. Rosenof stated I own my half of the road.

            Mr. Brewer stated no you do not.

            Mr. Rosenof stated it is on my plat.

            Mr. Craven stated you mean a survey.

            Mr. Rosenof stated I have the legal description.

            Mr. Brewer asked who maintains it?

            Mr. Rosenof responded no one maintains it.

            Mr. Brewer asked who puts a patch in the middle of the road when there is a pothole?

            Mr. Rosenof responded no one.

            Mr. Weissman stated if you complain, the city will patch.  The city will probably never re-pave it.

            Mr. Rosenof stated correct.

            Mr. Brewer stated the city is currently in the process of preparing a map to claim those roads.

            Mr. Weissman stated the problem is who is going to maintain the roads.  The city is not going to maintain them.

            Mr. Brewer asked why?

            Mr. Weissman responded because there is no funding.

            Mr. Brewer stated I understand but they have to do something.

            Mr. Weissman stated we are maintaining Holmberg Road, which is a city road.  We cannot pass this road along to anybody from 441 to 62nd.  This is how much we can do. 

            Mr. Rosenof stated if we all want to pay for it, we can issue a special assessment.

            Mr. Weissman stated this is the only way it will get done.

            Mr. Rosenof stated my neighbors deeded half of their street to the city.  They do this for liability reasons.

            Mr. Weissman stated from a maintenance standpoint, it is not likely the city is going to be doing this anytime in the foreseeable future.  These roads will start crumbling soon and will continue to do so.

            Mr. Rosenof asked are there any other comments on the budget?

            Mr. Weissman responded in Tallahassee with the tax reform and proposed tax cuts, I am not going to vote for a budget having a 70% increase in taxes.  We need to look at ways of tightening this and do whatever it takes; whether this means we do not meet monthly and have quarterly meetings.  How will this affect our manager, attorneys and engineers?  I cannot justify Pine Tree WCD having a 70% increase in revenue.

            Mr. Goscicki responded part of the challenge you are facing is last year’s budget was built on reserves.

            Mr. Weissman stated from a historical standpoint, the last increase was in the 80’s to $142 and the District was able to accumulate reserves.  Now we are looking at increasing the assessment to $250.  These are the issues the legislators are speaking about in Tallahassee.  How did the budget triple?  We did not experience growth in the District.

            Mr. Craven responded there was a hurricane.

            Mr. Weissman stated we can special assess if required in case of another storm.  We will not have enough reserves for the next storm anyway.  If there is another catastrophe, it is only through special assessment; we will be able to recover the funds necessary for the District to do its job.  We are not going to be able to build up the $450,000 reserve.

            Mr. Goscicki stated you are building the reserve up slowly, about $50,000 a year in the next five to ten years. 

            Ms. Benckenstein stated maybe this year we do not have to put the assessment in.  I agree with you.

            Mr. Weissman stated everything has to do with the timing.  When no one is looking at taxation and the Pine Tree WCD replenishes its reserves, I do not think anyone will care.  However, I do not think we want to be on the front of the newspaper like Hallandale Beach was recently when the commissioners voted a $75,000 salary for themselves at a lunch meeting.  Three days later they rescinded the vote.  In essence, they did nothing other than gathering bad press.  We have a 70% increase because of the hurricane.  Historically you had normal growth in the budget and now all of a sudden you are going to raise assessments.  Do we really want to do this at a time when the legislature is going to be looking at these districts?  I do not think the timing is right.

            Mr. Goscicki responded I agree and fully understand the concern.  In last year’s budget, you had total expenditures of $757,000, which did not include the $300,000 for hurricane preparedness.  You have a $700,000 budget; $450,000 budgeted out of surplus funds.  The reality is the $450,000 did not exist at the beginning of the year.  The actual fund balance is on page two, which at the beginning of this fiscal year was only $281,000.  There was an over-statement going into your budget as to what the reserves will be on hand at the beginning of this current fiscal year.  It was not $450,000; but was actually $281,000.  It is a double whammy for us.  Knowingly, we were funding more than half of the budget by the reserve funds in this current fiscal year and then those reserve funds were not as robust as we thought they were.  You cannot do this year what you did last year and fund out of the reserves.  The reserves are now gone.  To go back anywhere near where the assessment level was in the current year, will require a drastic cut in services since we are looking to reduce the budget by almost half.  It is not that we cannot do it but I am just letting you know where we stand.

            Mr. Weissman stated you are saying we can do it.  I do not think we have much of an option. 

            Mr. Goscicki stated this means we have to go back and take a hard look at how we can do this.

            Mr. Rosenof stated we talked last month about having a contingency plan.  What happens if they do not have a special session and do not come to an agreement?  Are we being irresponsible by not funding ourselves with a reserve since we have the opportunity?

            Mr. Weissman responded having the opportunity to do it does not necessarily mean we should.  Regardless of what the legislature does, the spotlight is currently on taxation.  All we need to do is give the newspapers a reason to write a story about us.  Then you will be sitting here figuring out exactly what I am saying now on how we can do without this massive increase.  I am not saying we should not have an increase but going from $142 to $250 is an excessive amount.

            Mr. Rosenof stated I like your idea of having quarterly meetings but rather not cut the reserves.

            Mr. Goscicki stated $115,000 is for your two field personnel and the shared employees from CSID, especially Mr. Fredericks who spends 25% of his time on HR and accounting.  I want to talk to the Board about the accounting and computer services and how this was managed.  Funding your basic staff and no equipment, supplies or materials, we are looking at a $200,000 plus budget.  The Board requested a contingency budget and I apologize for not having this budget with me today.

            One of the items in this budget is the shared employee expense with CSID.  In some aspects, this is beneficial for the District.  We pay 25% of Mr. Frederick’s salary to provide oversight supervision and technical expertise on stormwater management.  This District could not afford to hire a full-time supervisor with this expertise to manage the program.  Sharing some space at CSID for storage of the equipment used by our field staff makes sense.  Using their HR Manager 5% of their time to deal with payroll personnel issues for the three employees the District has also makes sense.  What is no longer making any sense is using the CSID accountants to provide accounting services.  The reason is you are not getting synergistic benefits and it is a requirement of our contract to provide those services.  According to our budget, we are required to provide accounting, budget, general ledger and accounts payable services.  Over the years, Severn Trent Services started using CSID employees because one of our senior financial people was in their office and it morphed into a way of doing business the way we used to.  You paid us, we deducted the amount charged to CSID and reduced their fee in recognition of some of their employees providing us the service.  The budget last year changed this to a direct payment.  However, this creates a number of problems.  Contractually we have a contract stating we are going to provide this service to you but instead of us doing it, someone else is doing it and instead of paying us, you are paying them.  There is no contract between you and CSID.  Therefore, contractually it is confusing. 

            Primarily, the concern we have is they have one accountant and one accountant clerk versus our 22 accountants, CPAs and financial managers.  We are currently in the process of pulling accounting information from one accountant at CSID to our accountant and get it into our system to be able to provide you budget review and analysis.  However, it is not functional or giving you the benefit or living up to our requirement.  Therefore, I recommend to the Board we take back the accounting responsibility and mold it into the current fiscal management services we provide to you, which does not require any action by the Board other than your input.  It will not change the budget amount.  The amount you pay to CSID for providing the accountant will be put into our contract.  Right now, this is causing issues for us; as you can see in the budget presentation.  We are dealing with people who are not our employees, which we cannot direct in terms of how they do the work and what they do.  In this case, we end up having to re-do the work anyway. 

            Mr. Weissman asked did you say the accounting fee was part of your contract?

            Mr. Goscicki responded the way our contract is structured, our fee is what was approved in the budget.

            Mr. Rosenof stated if I am not mistaken, you do not have a contract.

            Mr. Goscicki stated there is a signed contract by Mr. Jim Fortner in 1998.

            Mr. Rosenof stated I never received a copy of it.  I requested a copy several times.

            Mr. Goscicki stated I called my Records Department last week and requested a copy.  I received one the next day.  The way the contract was originally structured, both the scope and fee will be part of every budget.  Therefore, if we change our scope, we change our fee.  This is what you approve as part of the budget each year.  If the scope did not change, the fee will typically increase by a cost of living increase.

            Mr. Weissman stated if we were meeting quarterly, similarly your management fee decreases proportionately.

            Mr. Goscicki stated not proportionately.  There will be some decrease. 

            Ms. Carr stated your fee schedule says, “As adopted in the budget”.

            Mr. Goscicki stated this is not something we typically do today.  Our current contract lays out a fee schedule with a fee of $45,000 for the basic services and the fee for additional services.  The fee would be adjusted each year based upon cost of living and as approved in the budget.  This is an old contract and not the way we do business anymore.

            Mr. Rosenof stated we do not have a contract with the attorney either.

            Ms. Carr stated I spoke with Mr. Doody about this and he said there was a resolution adopted many years ago providing for his services.

            Mr. Rosenof stated at the start of every fiscal year, I want all agreements renewed and approved.

            Mr. Goscicki stated the budget process is a good time of year to do this.

            Mr. Rosenof stated I want a certificate of insurance naming us.

            Mr. Weissman stated I assume these agreements have a 60 or 90 day termination clause.

            Mr. Goscicki stated they usually have a 60 to 90 day clause.

            Mr. Rosenof stated the reason I asked for a copy of the management contract is in order to do the RFP.

            Ms. Carr stated we have a 60 day termination.

            Mr. Weissman stated I want to see a proposed budget tightening this up as much as we can including having quarterly meetings.  I want to fund the reserves as well.  However, with all due respect, I do not see us doing this in light of what is currently taking place.

            Mr. Rosenof stated you have support from me in one aspect in that we are owed a contingency plan. 

            Mr. Weissman stated I have a proposed budget using 2004 assessments but it shows a shortfall of $268,000.  We cannot vote for this.  We need something showing no shortfall and operating next year on a much slimmer budget.  I do not hear anyone agreeing with me.  Maybe I am the only one who feels this way.

            Ms. Bertolami stated I agree.  Will this get us a first quarter operating reserve?

            Mr. Brewer responded to be honest with you; I think we are in a bad position.

            Mr. Rosenof stated as is every city government.

            Mr. Brewer stated not true.

            Mr. Goscicki stated we are in the worst position.

            Mr. Rosenof stated meaning we do not know what the future is.

            Mr. Brewer stated we have a responsibility to supply services.  If we get hit with a hurricane, the District is going to be hung out to dry.

            Mr. Weissman stated you are heading in the right direction by looking for a Line of Credit or some agency we can go to in case of a catastrophe.  We have the ability at this point to do a special assessment to replenish whatever needs to be utilized for storm recovery.  We are probably going to face this anyway if something happens during this storm season.

            Mr. Rosenof stated I heard special assessments were not going to be allowed.

            Mr. Weissman stated it depends on which taxing districts are going to be affected.  I do not know what they will do in the case of a hurricane.  I am sure they will provide for something in case of a catastrophe where even city governments are going to be able to.

            Mr. Rosenof stated they have to.

            Mr. Weissman stated we are not going to have the funding available to recover from the next storm.  If it is going to be worse than the last one, we certainly will not.

            Mr. Rosenof stated for years we were not able to recover.

            Mr. Weissman stated this is why we accumulated reserves, which have not been depleted.

            Mr. Goscicki stated the first quarter operating reserves are from the tax roll.  We typically do not receive revenue until three months into your fiscal year.  You need to be able to fund your operations for the first three months out of cash on hand and you need to have a certain amount of reserve in the bank just to fund those first three months of operations until your revenue starts coming in.  The double whammy you are facing as a District is this current year budget was funded 40% out of reserve funds and then you had a hurricane, which further exacerbated your reserve funds.  The reserve funds were not as big as we thought when we got into this fiscal year.  Last year and this year you were running off of reserves.  To go anywhere near where you were three years ago, will take a significant change.

            Mr. Rosenof stated one of the items I want to get rid of is the recharge water but then we will get people yelling at us from Terramar.

            Mr. Craven stated overall, this is not a significant number.

            Mr. Brewer stated the bottom line is when we wake up; there will be a cost to run the District.  We need to know what the cost is.  Then we can go from there.  You cannot go into the next fiscal year with a deficit.  Whatever this cost is, we need to examine it.

            Mr. Weissman stated we need to look line by line at every expense and discuss what is absolutely necessary to operate the District and where can we save.

            Mr. Brewer stated exactly.

            Ms. Benckenstein stated like printing and binding.  Does it cost us $2,000 per year for this agenda packet?

            Mr. Goscicki responded mostly for this agenda packet.  Your big expenses are on the operating side.  Your Field Operations Budget alone is $400,000 with revenue of $300,000.

            Mr. Brewer stated we need an increase because we have not had one.

            Mr. Weissman stated the assessment did not increase more than a few years ago.

            Mr. Brewer stated for my house, I paid $180 a year.  This is only 50 cents a day.

            Mr. Craven stated in the last several years, we came close to having the District fully built-out.  This makes a difference.  In the last ten years, we increased the number of culverts tenfold.  I agree with you but you have an obligation.

            Mr. Rosenof stated our enabling legislation tells us what we have to do.

            Mr. Craven stated we have to provide a means of disposing of the water.

            Mr. Weissman stated the means of disposing water on a normal daily basis is there.  We have to maintain and operate under whatever cost is there.  In the case of a catastrophe, there is no way we can fund it, either with this budget or next year’s budget.  The only way we will be able to recover it is through special assessment or borrowing the money and raising the taxes.

            Mr. Goscicki stated using part of the money and then doing an increase in your assessment for the following year.  This is the only way we are going to be able to recover through a storm.  I see no other way.

            Mr. Rosenof stated this storm was especially bad because it had been a long time since we had one and so many things overgrown in the canal.  You could not see many of the canals because they were so overgrown.  We are causing ourselves a problem by approving the budget today as we have to go back to 2003 levels.  At some point in the future, do we have to stop what we are doing and lay off people?

            Mr. Goscicki responded if you are going back to the 2003 levels, you are talking about laying off people.

            Mr. Weissman stated we will be doing the same thing every other government agency will be doing.

            Mr. Rosenof asked logistically, how do we do it? 

            Ms. Carr responded you are basing it on a certain amount of revenue.

            Mr. Rosenof asked how about if we spend all of it?

            Ms. Carr responded you and I both know realistically you are not going to in this direction.  It is either going to have to be now or a few weeks from now.

            Mr. Rosenof stated not necessarily.

            Ms. Carr stated you are going to know something whether or not you make amendments in the next couple of weeks. 

            Mr. Weissman stated this is contingent on whether the legislature enacts something between now and June 22nd.  If they do not enact anything, the Governor can call them back for a special session in July.

            Mr. Rosenof asked what if some of the changes they are working on affect us.

            Mr. Weissman stated it depends.  If they can do it through general law, this is the way they are going to have to address it because they will not have time to do so before the TRIM notices go out.

            Ms. Carr stated if they enact constitutional issues such as Save Our Homes, a referendum is required.

            Mr. Weissman stated they will have spending caps, but only through General Law.

            Ms. Carr stated it depends on how they do it and how they go about it.  Every time I hear someone come back and say this is what they agreed to, I also hear someone else say something completely different.  I do not even know what to believe at this point because I heard last night they probably will not have a session at all.

            Mr. Weissman stated they are not going to send 160 people plus staff to Tallahassee if they cannot see any resolution.

            Mr. Rosenof stated what concerned me was if the House plan goes into effect and there is a 50% cut, we cannot do what we were legislated to do for this amount of money. 

            Ms. Carr stated many government agencies at this point, are watching them closely for this reason.  Depending on what they are going to do, cities and counties are lining up at the courthouse doors.  They do not know what they are claiming yet because nothing has happened.

            Mr. Rosenof asked do we let everything happen and close the doors?

            Ms. Carr responded no.  If they are sitting at the courthouse steps, there are going to be emergency hearings on what they can and cannot do.

            Mr. Rosenof stated our obligation as a Board is to approve a budget.  What is the deadline?

            Mr. Goscicki responded September 30th.

            Ms. Carr stated the budget must be adopted by September 30th.  Certain information is required to be provided to the Property Appraiser’s office for purposes of including information into the tax rolls.  However, it needs to get there sooner than September 30th if you are increasing the assessments.

            Mr. Goscicki stated we normally try to get it there by the July timeframe.  August is the latest you can submit to the Property Appraiser’s office to get on the tax roll.  The worst case is you do off tax rolls but this is not good because you do not always know when taxes get paid.

            Mr. Rosenof stated we can ask staff to prepare three different scenarios of the budget.

            Mr. Weissman stated I do not want to base it on years, but on real costs.  It has to be a balanced budget.  It cannot show a shortfall of $260,000.

            Mr. Goscicki stated this is the way we developed this budget.  There is a balanced budget going in.

            Mr. Weissman stated the revised one is, but the prior version shows a shortfall of $268,000.

            Ms. Bertolami asked in the version dated May 3rd?

            Mr. Goscicki responded yes.  This is why we gave you the amended one, which shows more realistically where we are.  This version is zeroed out and balanced.  However, in order to balance the budget you needed to increase your tax levy from $296,000 to $520,000.

            Mr. Weissman stated I see this.  What I am talking about is taking the 2004 numbers on the expense side and making it work.  In other words, I am using the 2004 revenue and making the expense side a balanced budget.

            Mr. Rosenof stated it would have been balanced had there not been a hurricane.

            Mr. Weissman stated we are not budgeting for a hurricane.

            Mr. Goscicki stated we never have.  You budget a certain amount of revenue and replace with reserves.

            Mr. Weissman stated which we hope to build up in time for the next storm.  I do not think this is the year to look at doing this.  Maybe next year if there is a rollback in real estate taxes, no one will be paying attention.

            Mr. Rosenof stated I understand what you are saying.

            Mr. Weissman stated we need to look at the best we can do with the least tax.

            Mr. Goscicki stated I am hearing two different scenarios.

            Mr. Weissman stated you are looking at an assessment of $142 and $254.  Take the $142 assessment and increase it to a nice round number like $160 or $170.  Then make the budget work.

            Mr. Rosenof stated in addition, if they make us go back to the 2003 budget numbers, we can go back to $110.

            Mr. Weissman stated let’s keep this separate and look at doing something realistic such as having quarterly meetings and the savings this entails. 

            Ms. Bertolami asked are we mandated to have monthly meetings?

            Mr. Goscicki responded no.  I will increase Revenues by 20% and start at the $142 assessment number.

            Mr. Weissman stated I was thinking more along the lines of 10%.  $160 is more than 10%.

            Mr. Goscicki stated I will come back and show you what this will do to the budget.  I need to be told if anything is off limits.  I honestly think we are talking about staff layoffs.

            Ms. Bertolami stated you are dealing with pennies but when you have to cut the budget so drastically, we should look at decreasing the canal cleaning line item.  I believe last year’s results of the canal clearing indicated there were small amounts of sand built up to not such dangerous levels as needed to be cleared.  I am wondering whether this can be done every two years.

            Mr. Rosenof stated no, as it is going to be more expensive the year after.

            Mr. Goscicki stated I will examine every line item.  Quite honestly, a 10% increase in assessments is going to require drastic cuts across the board.  We are talking about a budget 40% less than what is currently in front of you.  Let me look at this budget from the expense side and see what can be trimmed, if we are going to keep the same level of service we are currently providing.  We can see the savings to the budget by going to quarterly meetings or freeze salaries for a year with the employees and tell them we cannot afford to give them a raise this year.

            Mr. Weissman stated we can either layoff some employees or freeze their salaries.

            Mr. Goscicki stated you can only have two full-time employees.

            Mr. Brewer stated I spoke to Mr. Jeremy Ring last night after he spoke to the commission and he says they have to justify someone paying $500 in taxes and their neighbor paying $5,000 in taxes.  There are many “For Sale” signs from residents who cannot afford to pay $5,000 in taxes.  It makes no sense to me and I am a businessman.  They have a big dilemma to face as it is a big tax problem.

            Mr. Rosenof stated the irony is I pay $5,000 in taxes and my neighbor pays $25,000 and we are talking about rolling everyone back 10%.

            Mr. Brewer stated the problem is determining where all of the money went.  No one can tell us.

            Ms. Carr stated Chapter 2001-320 states:

 “The Board of Supervisors shall meet at least one time every month to conduct the business of the District, provided that items shall have been submitted 14 days before the meeting.  In the event no items are to be considered by the Board of Supervisors of the District, the District Manager may cancel the monthly meeting.”

 

            Ms. Benckenstein asked do we have to advertise our meetings on a monthly basis?

            Mr. Brewer responded we have to advertise every meeting.  We can have an emergency meeting if necessary.

            Mr. Rosenof stated in past years, unless we were busy with the hurricane, this was the way we always ran our meetings.  There were years where we had only four meetings.  We only met when we had items to discuss.

            Ms. Benckenstein stated this should save us several hundred dollars.

            Mr. Goscicki stated as we clean up our hurricane issues, we do not have any engineering costs or major construction.  I do not see any problem having quarterly meetings.  We typically have one extra meeting around budget-time.  This is what we have seen in other districts where we have four regular meetings plus an extra meeting during budget-time for a total of five meetings per year.

            Mr. Rosenof asked for curiosity sake, what increases do other districts have?

            Mr. Goscicki responded most of our other districts are looking at the same increases.  No one is looking at much of an increase but CSID just approved a 45% water and wastewater rate increase.  At the public hearing, only one resident showed up but they did not live in the district.

            Mr. Weissman stated everyone is raising their water rates.  They are hoping it will encourage conservation.

            Mr. Goscicki stated they dealt with the same issues where they had not raised rates in 14 years.  Every district is different in terms of what they are doing.

            Mr. Rosenof asked are the other districts facing the same types of increases?

            Mr. Goscicki responded yes.  Your increase is more extreme but it was because you started at such a low level.

            Mr. Brewer stated in addition, we have a low unit count affecting us dramatically.

            Ms. Bertolami asked how many units do we have?

            Mr. Brewer responded 2,150.3 units.

            Mr. Rosenof stated there is acreage in our district, which is not accounted for.

            Ms. Bertolami stated because some of us might have over an acre and are only charged one acre.

            Mr. Brewer stated the Archdiocese sold off some land, which now has some very expensive homes.  Were they exempt?

            Mr. Craven responded I do not believe they were.

            Mr. Goscicki stated usually not in these types of special assessments.  There is no legal basis for exempting them.  We seldom exempt them on a policy basis.  Most cities and counties do not exempt religious organizations from assessment or impact fees.

            Mr. Weissman stated they do not pay ad valorem taxes.

            Ms. Carr stated some pay special assessments depending on how they are established.  This is part of a political question as to whether to allow an exemption for charitable organizations.  Some do and others do not.  It has to be factored into what they charge everyone else.

            Mr. Weissman stated the answer is maybe yes, maybe no.  The question is whether it was put back onto the tax roll.  I want to make sure they are on there today.

            Mr. Goscicki stated I will review the Assessment Methodology we are using and find out what is included.

            Mr. Brewer stated at one time, we talked about how Ms. Mimi Ribotsky only ended up paying $40.

            Mr. Rosenof stated we never got this straightened out.

            Mr. Brewer stated we did not know if she was classified as a unit or acre.

            Mr. Rosenof stated she said it was a fraction of a unit. 

            Mr. Weissman stated I think it was per acre. 

            Mr. Rosenof stated Mr. Petty did not think it was and said it was an acre or fraction thereof.  If this is the case, we are assessing everyone incorrectly.

            Mr. Weissman stated there are certainly more than 2,150 units in the District.

            Mr. Rosenof stated I am worried everyone is not being assessed properly.

            Mr. Weissman stated you have 1,600 units on Hillsboro Boulevard in the Terramar District. 

            Mr. Rosenof stated you mean houses.

            Mr. Weissman stated correct.

            Mr. Brewer asked are there acres or units in Winner’s Circle?

            A resident stated there are approximately 600 acres per square mile.  This means the District covers approximately 3.5 square miles.  Does this sound accurate?

            Mr. Weissman responded yes.  At one time the city was 10.5 square miles prior to the annexation out west before Heron Bay was annexed. 

            Mr. Goscicki stated at this time, I wish to introduce Mr. Dana Kaas with Severn Trent Services.  Mr. Kaas is the Vice President of North American operations for Severn Trent Services and oversees all of our contract services, both management and operations. 

            Mr. Brewer stated we asked but never received good answers.  It was going to be accurate to the point where we were going to get a definition from the Property Appraiser’s office but never did.

            Mr. Craven stated I am sure there is a person who can pull out a 10 year old agreement.

            Mr. Goscicki stated I am having dinner tonight with Ms. Karen Ellis who is the head of our Assessment Department.  We will talk about this matter.

            Mr. Rosenof asked what are we asking our manager to do?

            Mr. Brewer responded tightening the budget without taking us into a deficit.

            Mr. Rosenof asked is our goal $160 per unit?

            Mr. Brewer responded this is a reasonable number.  All we can do is to try to get it to work.  Ask yourself if you would rather pay the difference or have your house flood?

            Ms. Bertolami asked why is it so important to have a reserve this year?

            Mr. Rosenof responded for a long time, I was worried if we got hit by a hurricane we would not have the cash.

            Mr. Goscicki stated this budget just starts to build up a reserve.

            Mr. Brewer stated pull all of the reserve monies out.  It is not going to make or break us.

            Mr. Rosenof stated for years we built it up and it allowed us to deal with Hurricane Wilma in a quick manner.

            Ms. Benckenstein asked were we using reserves for the past two years?

            Mr. Rosenof responded no.

            Mr. Goscicki stated this is why I did not like the way the last budget was presented and why we changed the budget presentation this time to provide this clarity.  At the next meeting, I will bring back separate budgets; one with an assessment of $160 per unit.  July 5th is the formal public hearing on the budget. 

            Mr. Brewer stated every year we receive a letter from Broward County, three months before sending out our tax bill saying, “If we maintain last year’s budget, your assessment will remain the same”.  What will it cost us to send out a flyer informing the residents what we are doing?

            Mr. Goscicki responded we are required to send an individual notification to every property owner if we are going to increase the assessments over last year.  Once the Board makes a decision on what the final assessment is going to be, if it is an increase over the current assessment, we will be mailing this letter to the residents.  I think we are in good shape but the biggest problem we had was the storm.

            Mr. Goscicki stated we followed up with Commissioner Ilene Lieberman’s office regarding the $5,000 grant.  It took some time but we finally reached the right people.  We talked with Mr. Peter Burke, one of her assistants who provided us with a good outline on what we need to do.  We need to provide them with a letter signed by the Chairman outlining the monies requested, describing the program the funds will be used for and reflect we are a public entity.  We are currently preparing this letter and will provide for the Chairman’s signature.

 

SECOND ORDER OF BUSINESS                    Audience Comments

            A resident stated I live at 6439 NW 69th Way.  We have a drainage easement where the water after the last two rains came up into the yards.  This is a septic system.

            Mr. Rosenof asked do you live in South Pine Tree?

            The resident responded yes.  I took some photographs today.  This is after percolation.  The water is sitting there.  In the last six months, this ditch was cleaned out and a mud pocket blocked the percolation underneath.  They brought in some fill and covered it over.  They also flattened the depth of this swale.  It originally had been a ditch because this happens to be the oldest street in Parkland.  Now the containment of water is spreading both east and west.  We have to resolve this problem.  It appears the water is not flowing south because there are dry spots at the south end of this area.  The new grading, which was eventually sodded, is not working.

            Mr. Rosenof asked when you refer to “they”, are you referring to the City of Parkland?

            The resident responded I wanted to know who was responsible for the work performed.

            Mr. Rosenof asked was it the City of Parkland?

            Mr. Weissman responded yes.

            The resident asked was the work performed with funding from FEMA?

            Mr. Rosenof responded most likely.  Our job is to take the discharge from the back of the swales of canals running into the sawgrass.  We accept your stormwater.

            The resident stated we would love to give it to you.

            Mr. Rosenof stated unfortunately this easement has always been a mess.  It is your property and the city maintained it for a long time.

            Mr. Murray stated my wife spoke with Mr. Jim Berkman and was told FEMA funded the cleanup of the swale.

            Mr. Rosenof stated correct.

            Mr. Murray stated I was hoping to speak to the engineer who performed the work because it was not done properly and is causing a major problem.  Not only are we going to have a mosquito and disease problem but rodent problems as well.  I have a three year old and he could drown.

            Mr. Rosenof stated we have a commissioner here from the City of Parkland.

            Mr. Weissman asked have you been in touch with the city?

            Mr. Murray responded my wife spoke to Mr. Steve Nash who told my wife he was aware of the situation and was going to walk back there.  He was talking about renting a piece of excavation equipment.  We saw him back there yesterday. 

            The resident stated this problem developed on two different occasions with 2” of rain.  We have a health problem as we have private well and septic systems.

            Mr. Rosenof stated we are your neighbors and understand.

            The resident asked are you with the Water District?

            Mr. Brewer responded yes.

            The resident asked are the fees we pay you strictly for the privilege of dropping water into your canals?

            Mr. Rosenof responded yes, at the end of your street.

            Ms. Bertolami stated actually we are not with the Water District.  We represent the Water District. 

            Mr. Rosenof stated we are the Board of the Pine Tree WCD.  Our enabling legislation takes the water from within the 2,500 acres in the District to the everglades.  The problem is when Pine Tree was first platted, the water drained nicely to the back of the street.  When I first moved there in the mid 1990’s I received a yearly letter from Mr. Brian Archer saying, “You have a branch in your canal and you have to clean it out.”  He stopped sending those letters for some reason and people started building up the canal.  On your street or the next one, they built a playground.  No one said anything because it is not our property and we do not have an easement.  It is not city property and they are caught in the middle trying to maintain your property.  It has always been a mess.

            Mr. Weissman asked could it be owned by SFWMD?

            Mr. Craven responded as far as I know, this is the homeowner’s property and the city has an easement over it.

            Mr. Weissman stated the easement is in order to maintain the grass, not the water management portion of it.

            The resident asked are you saying it is the homeowner’s responsibility to maintain it?

            Mr. Craven responded no.  You own the property and the city has an easement over it for drainage purposes.

            Mr. Brewer stated the problem is every time a new house gets built, we do not know what the builder does to the other lots.  I examined a couple of the swales on 77nd. 

            The resident stated we never had this problem until it was re-graded.

            Mr. Brewer stated I agree.

            The resident stated I lived there for 15 years and only during a 12” rain, did I have water touching my fence line.  Now, not only is it touching my fence line but the water is in my yard.

            Mr. Craven stated the problem was exacerbated when the city re-graded with FEMA money six months ago.

            The resident stated if this is correct, then the District is not responsible.

            Mr. Rosenof stated we are happy to help if we can.

            The resident asked if FEMA funds were used to subsidize the cleanup work, which is now causing the problem, how do we rectify the problem because it worsened?  They sealed out the percolation by stewing muck over the easement.  Unfortunately, they brought in good material.  They graded the easement by flipping and turning it numerous times, contaminating the new materials as well as the old material.  We have no percolation nor do we have proper grade.  We complicated the problem.  What is the solution?

            Mr. Rosenof responded I hate to say this, but the city has to give you recourse.

            Mr. Brewer stated you have to get the city out there to tell you what they are going to do.

            Mr. Rosenof stated they funded and performed this work.  Who supervised it?

            The resident responded Mr. Steve Nash.  I met him out there while the job was taking place.  I am in this business.  I told him muck cannot be used for percolation.

            Mr. Brewer stated you are correct.

            Ms. Carr stated unfortunately, this is not an issue for this Board.

            Mr. Weissman stated I suggest you call the Interim City Manager, Ms. Karen Gardner-Young tomorrow morning.

            Mr. Rosenof stated since this street is draining onto Holmberg Road, which is a major artery; can we get the Highway Department involved?

            Mr. Weissman responded Holmberg Road is a city roadway.

            Mr. Rosenof asked was it dedicated to the county?

            Mr. Weissman responded no.  The county turned it over to the city in the late 1990’s.

 

SEVENTH ORDER OF BUSINESS                  Attorney’s Report

            There not being any, the next item followed.

 

EIGHTH ORDER OF BUSINESS                     Engineer’s Report

            Mr. Craven stated I want to know the status on the agreement with the Turnpike Authority regarding the culvert under the Sawgrass Expressway.  We were working on some type of Interlocal Agreement.

            Ms. Carr asked for repair?

            Mr. Craven responded no.  This goes back to when we issued the permit.

            Ms. Carr stated the only information Mr. Doody and I discussed on the Turnpike Authority had to do with the repair work

            Mr. Craven stated in order to get a handle on the repair work; I need to know the status of the agreement.

            Ms. Carr stated I will have Mr. Doody call you tomorrow.  If he does not contact you, I will.

            Mr. Craven stated Mr. Randy Fredericks called me on Tuesday.  He received a call from a resident at 5915 NW 52nd Street who reported eroding of the bank on their canal.  I went by and looked at it before I came to tonight’s meeting and the canal is on the west side of Butler Farms.  There is an east/west ditch leading to the canal.  The canal has been there for 20 years and there is some erosion on the water line but not on the bank.  To the best of my knowledge, we never received any complaints before.  I do not know the status of the right-of-way but Mr. Brewer will provide a copy of the plat to me tomorrow.  It does not look like something we would normally get involved in the maintenance of as it is not affecting our drainage.  We received the complaint but I do not know whether or not we can do anything about it.

            Mr. Rosenof asked is it on our property?

            Mr. Craven responded I do not know.

            Mr. Rosenof stated let’s assume it is not on our property.

            Ms. Bertolami asked is this the one running under the telephone lines?

            Mr. Craven responded no.  It is the one going in the opposite direction by 90 degrees.  I can determine the ownership situation after I receive a copy of the plat.

            Ms. Carr stated I just spoke to Mr. Doody and he mentioned calling your office yesterday.

            Mr. Craven responded he never left a message.

            Ms. Carr asked are you referring to the agreement regarding the existence of the drain pipe?

            Mr. Craven responded yes.

            Ms. Carr asked does Severn Trent Services have a copy of this document?

            Mr. Craven responded it was never prepared.  It came up when the Turnpike Authority wanted to widen the Sawgrass Expressway.  Mr. Doody talked with them about having an Interlocal Agreement for our pipe.

            I received a call from the engineering firm who has supposedly been retained by the HOA to do something with the ditch/canal verbiage we had a problem with a year or so ago. 

            Mr. Brewer asked the ones who talked with us?

            Mr. Craven responded yes.

            Ms. Bertolami stated this is the canal bordering the ditch going under the telephone wires.  Who owns this ditch?

            Mr. Craven responded FP&L.

            Ms. Bertolami stated they said they do not own it.

            Mr. Craven stated they own the right-of-way.

            Ms. Bertolami stated all the way down to the canal.

            Mr. Craven stated there is a 15’ space between their right-of-way and the canal.  The rest of the property is owned by the City of Coral Springs.

            Mr. Brewer stated there has been discussion about where the canal flows, where the old right-of-way is located and who owns it because the city used to own property there.

            Mr. Craven stated the canal adjacent to the right-of-way was dedicated to the City of Coral Springs.

            Mr. Brewer stated the city did not know what to do with it.  They still do not realize it is sitting back there and they own it.  The piece we are dealing with belongs to the HOA and they can do whatever they want to with it.  Correct?

            Mr. Craven responded no.  We are not going to let them do away with the original drainage until they come up with a viable plan to re-permit it to us and SFWMD.

            Mr. Brewer stated they can do the design and spend all of the money they want to.

            Mr. Craven stated whatever they want to do is fine with me.

 

NINTH ORDER OF BUSINESS                       Supervisor’s Requests

            Mr. Rosenof stated there are some emails going back and forth from Mr. Stewart Krantz and the interim City Manager regarding the North Pine Tree ditch.  It is now filled in.  All of the dirt is on top of the pipe and no water is going anywhere.  The city granted the building permit and Mr. Jim Berkman told them they could fill in our ditch.

            Ms. Bertolami stated they applied for a separate permit from the Engineering Department, which I was unaware of.  I wanted to put a stop work order on this project to let the contractor know he had some issues but Ms. Young told me the Engineering Department issued the permit.

            Mr. Rosenof stated at the end of the day, the City of Parkland issued a permit for land the applicant did not own. 

            Ms. Bertolami stated correct.

            Mr. Rosenof stated I rode my bicycle past there this morning and saw a pile of dirt.  The dirt eroded into the pipe.  Mr. Berkman swore to me the size of the pipe was appropriate.  Water cannot get through the pipe.  I do not want to blame the guy doing the work because he did the right thing by obtaining the permit but the city should never have issued the permit. 

            Mr. Brewer asked did we ever send a letter to the city?

            Mr. Rosenof responded yes.  What was Ms. Young’s response?

            Ms. Bertolami responded she said it was the homeowner’s responsibility to obtain permission from this Board.

            Mr. Rosenof stated which they did not do.

            Mr. Craven stated Mr. Doody has been emailing back and forth with no resolution.

            Mr. Rosenof stated if nothing else, we have to figure out how to prevent this from happening again.  I hate to make the contractor rip it all up because he is 90% completed but it is not safe the way it is right now.

            Ms. Bertolami stated I could not agree more.  I suggested they post “No Trespassing” signs or a lock and gate.

            Mr. Rosenof stated according to Mr. Beckman, there is a silt fence running on both sides of the ditch.  I told him this is not safe enough to keep a kid out of the ditch.

            Mr. Goscicki stated I will follow-up with Mr. Doody.

            Ms. Bertolami stated I do not know how to prevent this from happening again other than putting the Engineering Department on notice that they need to get outside agency approval before issuing permits.

            Mr. Rosenof asked do we have a City Engineer?

            Ms. Bertolami responded no, an Interim City Engineer.

            Mr. Rosenof asked what is Mr. Berkman’s title?

            Ms. Bertolami responded I believe he is the Director of Public Works.

            Mr. Brewer stated I think he is the Director of Operations.

            Mr. Weissman stated he has several titles.

            Mr. Rosenof asked is he an engineer by training?

            Ms. Bertolami responded no.

            Mr. Rosenof stated I received an email from Mr. Beckman explaining why the pipe was okay.  It was complete nonsense.

            Ms. Bertolami stated the city hired three engineering firms as consultants.  Mr. Berkman had access to these firms to perform calculations.

            Mr. Rosenof stated it would have been nice if he sized the pipe correctly.

            Mr. Craven stated I know you are concerned about the safety aspects but as we get further into the rainy season, the water will flow downstream.

            Mr. Brewer stated I think we should send a letter saying if the pipe is not pulled within 30 days, we are going to pull it.

            Mr. Rosenof asked do we have the right to do so?

            Mr. Craven responded it is on our property.

            Mr. Rosenof asked are we liable if someone gets hurt?

            Ms. Carr responded yes.

 

On MOTION by Mr. Brewer seconded by Ms. Benckenstein with all in favor Mr. Doody was authorized to send a letter to Mr. Stewart Krantz requesting the pipe be removed from his property effective immediately or the District will remove the pipe in 30 days on a cost recovery basis.

 

            Mr. Rosenof stated I wish we had done this three months ago. 

 

TENTH ORDER OF BUSINESS                       Approval of March and April Financials and Check Registers

 

On MOTION by Ms. Benckenstein seconded by Mr. Brewer with all in favor the financials and check registers for March and April were approved.

 

ELEVENTH ORDER OF BUSINESS               Adjournment

            There being no further business,

 

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

 

 

 

 

                                                                                                                                                     

Paul Brewer                                                                 David Rosenof

Secretary                                                                      President