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, July 5, 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

            Pamela Rower                                            Severn Trent Services

            Julie Klahr                                                  Attorney

            Warren Craven                                           Engineer

            Randy Frederick                                         Field Superintendent

            Numerous Residents

 

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

            There not being any, the next item followed.

 

THIRD ORDER OF BUSINESS                       Approval of the Minutes of the June 7, 2007 Meeting

            Mr. Rosenof stated each Board member received a copy of the minutes of the June 7, 2007 meeting and requested any corrections, additions or deletions.

            Mr. Craven stated on page one Mr. Colussy, Mr. Frederick and Mr. McKune were not in attendance.  I attended the meeting.

            Ms. Carr stated my name is misspelled.

            Mr. Goscicki stated the correct spelling is “Klahr”.

 

On MOTION by Mr. Weissman seconded by Mr. Brewer with all in favor the minutes of the June 7, 2007 meeting were approved as amended.

FOURTH ORDER OF BUSINESS                    Public Hearing to Consider Adoption of the Budget for Fiscal Year 2008, Resolution 2007-5 and Levy of Non Ad Valorem Assessments, Resolution 2007-6

            Mr. Rosenof stated the public hearing is now open.

            Mr. Goscicki stated as the Board requested, we provided two alternative budgets to the Board for consideration.  The budget precipitating the notification is the one with the higher assessment amount.  Once we lock this number in, we cannot raise it.  However, the Board certainly has the prerogative to reduce this number as part of their consideration tonight.  The preliminary budget submitted to the Board last month had an assessment amount of $215 per unit compared to your current assessment of $145 per unit.  After significant discussion, the Board directed us to revise this budget.  There was consensus of an assessment in the amount of $160 per unit, which is a $15 increase from the current assessment of $145.  Staff wanted to bring back a budget with a reduction from the $215 per unit assessment, but builds your reserves going forward.  The first budget in your agenda package reflects an assessment of $194.89 per unit.  Going to quarterly meetings reduced the assessment number to $160.01.

            Mr. Rosenof asked what is our requirement?

            Mr. Weissman responded to set non-ad valorem taxes.

            Mr. Goscicki stated this is a decision to be made by this Board.  The Board directed us to trim this budget from what was originally proposed.  On the administrative side the following line items were reduced:

                      Number of meetings

                      Legal Fees

                      Advertising Fees

                      Printing & Binding

                      Technology Sharing

                      Shared Personnel Expenses

            In past years, the finance and accounting services were performed by CSID accounting personnel, on behalf of Severn Trent Services.  We brought these services back in-house and our own people will be doing all of the accounting and budgeting.  We reduced the technology sharing and shared personnel expense to reflect not paying for the shared accountant.  We did not increase our fee and reduced the amount of work being performed by CSID.  We still have Mr. Frederick as a shared employee and he will continue serving in this capacity.  We have other shared expenses with CSID in terms of storage of equipment and office space. 

            On the operating side, we kept the operating expenses in line with where they were in the previous budget but ended up trimming the amount of projected fund balance forward.  This Board used to have significant reserve funds before Hurricane Wilma.  However, at the end of this fiscal year, we anticipate you having $74,000 in reserves.  The budget we proposed at the $195 assessment rate, takes the reserve from $74,000 to $117,000.  In addition, you have two months of first quarter operating reserves of another $73,000.

            Mr. Rosenof asked how do you get reserves of $117,000 if you have a projected fund balance of $74,000 and add $115,000?

            Mr. Goscicki responded we are not adding $115,000.  What the $74,000 gets added to is the $73,000 we anticipate.

            Mr. Rosenof asked what is Reserve – R&R?

            Mr. Goscicki responded this is what you are building as an expense item.  We are saying we need to put $115,000 into reserves to start building the R&R account back up because you exhausted the R&R account.  The assessment of $195 will add $115,000 into your Reserve Fund every year to build up the emergency reserve.  In fact, we anticipate the reserve reaching $1 million within a 10 year time frame.  The net this year will be at $116,000 because you are still borrowing money to make things balance out.

            Mr. Weissman stated let’s not assume these expenses will remain the same from year to year.  The likelihood is if you put the same reserve number in there each year, you are not going to get anywhere near this number by the end of the year.

            Mr. Goscicki stated true.  Our balancing number was the $115,000 reserve for renewal and replacement.  This is the number we are going to work with; i.e. the number the Board is comfortable working with and wanting to put back into the savings account to start saving for another hurricane.  If you get hit with a hurricane as you did two years ago, you have the reserve to do the tree removal and the restoration program without having to borrow money. 

            Ms. Bertolami asked did we spend $1 million over the past two years?

            Mr. Goscicki responded I believe the amount spent was $890,000.

            Mr. Weissman asked does this amount include the reimbursments?

            Mr. Goscicki responded yes.  The net was much less.

            Mr. Rosenof stated I still do not know what the $115,000 refers to.  Why doesn’t this amount get added to the balance?

            Mr. Goscicki responded because we are treating it as an expense, not as a fund balance.

            Mr. Rosenof stated you are saying at the end of the year it will be added to it.

            Mr. Goscicki stated correct. 

            Ms. Rower stated it will be a line item carried forward into next year.  You will see $115,000 in your adopted budget for this line item.

            Mr. Rosenof stated this is what you are anticipating to spend.

            Ms. Rower stated you are appropriating this amount.

            Mr. Goscicki stated this is why we put it above the line.  This is something we want to grow every year.

            Mr. Rosenof stated I understand.  The assessment will be $195 per unit.  We trimmed the administrative side and a small amount on the operating side.  We tried to maintain the $195 by trying to build $1 million in 10 years. 

            The administrative budget is basically the same.  The big change is the reserves dropped to $44,000.  In order to accomplish this, we made the following operational changes:

                      Budgeted for Mr. Frederick’s position plus two other positions

                      Cut a part-time position

                      Reduced raises from 5% to 3.5%

                      Reduced R&R

                      Reduced Aquatic Weed Control

                      Reduced Culvert Inspection to $25,000

            We tried to trim as much as we could; still leaving what we thought was a decent level of service but focusing on the R&R Fund.  By keeping the service to the minimum this coming year, we ended up with an assessment of $160.01, resulting in you being able to fund $144,000 instead of $115,000 in your Reserve Fund.  At the end of next year, you will have first quarter operating reserves of $145,000, which hopefully never get spent.  If we have an emergency next year, we have to go to the bank and borrow money.  This is a skinny budget but a doable budget.  I would not give it to you if we did not think it was doable. 

            Mr. Rosenof stated we have no monies budgeted for title searches, which I think is a good investment and is important.  At this time, we will take audience comments and then supervisor comments.

            Mr. Neil Thomas stated we have had drainage problems for years on Sample Road south of the Sawgrass Expressway, yet you are going to assess us an extra $50 per year from $145 to $195.

            Mr. Goscicki stated this is one of two options the Board is considering.  The other option is raising the assessment from $145 to $160.

            Mr. Thomas asked does FEMA assist the District?

            Mr. Rosenof responded several federal agencies can assist us and have assisted us.  In the past, the problem was we did not have clear title to some of our parcels and were trying to get clear title, which slowed down our reimbursement last year after Hurricane Wilma.  However, we received reimbursements from NRCS.

            A resident stated you said you had $100,000 in reserves.  Was this money audited?

            Mr. Goscicki responded yes.  Most of this $100,000 was spent on hurricane repairs but we are using NRCS funds to reimburse us.  We not only have to go through internal audits but everything this Board does is audited by an outside independent auditor by statute.  We have to meet all of their requirements and show them how the money was spent.  NRCS only reimburses on the amount spent. 

            The resident asked is your goal to have $900,000 in reserves?

            Mr. Goscicki responded as the manager for the District, we want to see the Board grow reserve funds to be able to deal with hurricanes and other natural disasters. 

            Mr. Rosenof stated this was one of the discussion items last month.  However, the Board had a difference of opinion as to how high to make those reserves.  If there is a hurricane and we have to issue a special assessment, we can do so but I do not want to assess the residents for every storm.  On the other hand, I do not want to tax the residents to bring the reserves up to $1 million.  Hopefully we will not have a storm for five years and are able to build up the reserve before getting hit again.

            Mr. Gerardi asked are the FEMA reserves on the back burner?  The residents are under the assumption you will not get the FEMA reserves.

            Mr. Goscicki stated those projects are closed.  We received reimbursement and this is the net result of where we are.

            Mr. Rosenof stated you can look at this in one of two ways.  We got hit with many hurricanes in the past two years and only raised the taxes by $15.

            Mr. Joe Longo asked is this an assessment we are going to be hit with every year?

            Mr. Goscicki responded this is an annual assessment.  It was $145 last year.  I do not know what it was in previous years.  The increase we are contemplating required us to give you this public notification.  We are doing this as a public notification rather than relying on the TRIM Notice you will be receiving in September. 

            Mr. Longo stated this is after the fact as the budget has already been adopted. 

            Mr. Goscicki stated no.  The Board will be taking action on this budget tonight.

            Mr. Longo asked are you saying there will be an assessment every year?

            Mr. Rosenof responded you are already being assessed but are now deciding whether to increase it by $15 or $50.  This assumes you live on an acre of property.  If you live on half an acre, it is half of these amounts.

            Mr. Longo asked are these funds solely for hurricanes or disasters?

            Mr. Rosenof responded no.

            Mr. Longo asked what else are they for?

            Mr. Goscicki responded the primary function of this District is to maintain the drainage system within the Pine Tree WCD.  Our job is to collect the rain water within the canals the District owns and pump it out.

            Mr. Longo stated I am new to the area.  As I drive around the community, I see many low lying areas with water and no drainage.  When I walk next door, the water is up to my ankles.  This was before the heavy rains came.  Where is this drainage occurring?  I do not see this activity taking place for what I am paying for.  You are paying for part-time help but nothing is being done.  I see many trucks driving around.  The other day, I stopped one of the trucks and asked the employee what they were doing.  He told me he was looking to see if anything needed to be done.  I asked him what he does and he said “Whatever my boss tells me to do”.  I said, “Can you tell your boss to get a tractor behind my house by the canal and cut the weeds, which are now 10’ high.  He told me, “I will have to see if my boss allows me to”. 

            The point is, we are paying money but we have no control over the major items needing to be done.  There has been no proper drainage since the Sawgrass Expressway was constructed.  They are supposed to come within 3’ of the property line behind my house every couple of months but they do not do this.  I am putting more money back into the budget but I do not see it being spent for the proper drainage.  When I lived in Delray Beach, they had their hands on every switch.  It does not seem like it is working down here.

            Mr. Goscicki stated you have a much more complex system and have multi-agencies involved. 

            Mr. Rosenof asked where do you live?

            Mr. Longo responded on 80th Terrace, south of the Sawgrass Expressway.

            Mr. Rosenof stated I live in Pine Tree and have the same problem.

            Mr. Longo stated our water is not being channeled out into the everglades.

            Mr. Goscicki stated part of the problem is you have multiple agencies involved in the design, construction and maintenance of the drainage system.

            Mr. Longo asked are they working together? 

            Mr. Goscicki responded we like to think so.  You have the WCD, the city, individual HOA’s and individual property owners.  All of them have a responsibility in terms of the level of maintenance they provide.  Many canals the residents talk to this Board about are not owned by the District.  They are owned either by the HOA or the city.  The responsibility for mowing the grass in this District is not a responsibility of this District.  It is the responsibility of the property owners to mow the grass down to the water’s edge.  This is a typical responsibility we put back on property owners or HOA’s.

            Mr. Rosenof stated there are a few exceptions.

            Mr. Longo stated such as where I live.  I researched this matter rather well and spoke to Mr. Nick Schooley.  He told me he is doing the best he can.

            Mr. Goscicki stated Mr. Schooley works for NSID.

            Mr. Longo stated I am not only concerned about the grass because I can cut it myself.  I am greatly concerned about the water.  If we had some heavy flooding in this area, I am concerned about whether my cars or animals will survive.  I am zoned AE2, which is agricultural and I have animals on my property.  If there is a disaster, I am not sure if Pine Tree is going to step up and say, “Well we have money in the budget to take care of your situation”.  What is being done to remove excess water lying on our property?  It is not only when it rains.  The property is now a swamp.

            Mr. Goscicki stated if the water is not draining off of the property, this is not something this District deals with. 

            Mr. Longo stated this is a health issue as the water breeds mosquitoes and other bacteria.  It attracts other animals and insects.  This needs to be attended to.

            Mr. Goscicki stated this is a code enforcement issue, which should be taken care of by the city.  The WCD does not deal with private property ownership issues.  We have no enforcement authority and cannot issue fines.

            Mr. Longo asked what is the special assessment covering?

            Mr. Goscicki responded maintenance of the basic drainage system including the main pump system.

            Mr. Longo stated if this was being done, I would have no problem paying it.

            Mr. Rosenof stated it also covers maintenance of the canals. 

            Mr. Longo stated the canals are not being maintained because if they were, you would not have all this excess water.

            Mr. Goscicki stated the constant drainage problems are the cause of not being able to get to the canal.  You have ditches not being properly maintained by POA’s and by homeowners downstream.  This causes the water to backup onto other properties.  It could be the POA’s canals that are not being properly maintained.

            Mr. Longo stated I do not think this is the case in my area.  If there was the proper drainage, the excess water will go into my canal.

            Mr. Goscicki stated we will get your address and have Mr. Frederick look at your area tomorrow.

            Mr. Longo stated I read an article in the newspaper seven years ago titled, “Parkland versus the Residents on Drainage Issue”.  Several residents complained their drainage was not working properly.  Apparently the same issue still exists today.  As a taxpayer and the dollars I am going to pay out, the problems are not being taken care of.  If I went around with a petition to the right people, I would have many signatures.  Who is running the area?  We have a Board who is representing the residents.  If you are not listening to the people, nothing is going to get done.  You have not answered my question. 

            Mr. Rosenof stated I am a Pine Tree resident also and live close to Holmberg Road.  There is a swale behind my house running from Holmberg Road and draining south to the canal next to the Sawgrass Expressway.  The District is not responsible for any of this property as the city is maintaining it.  However, the water in the canal is our water.  We keep those canals clean and perform the aquatic weed control.  We have divers going down into the culverts to keep them clean.  I had the same problem with the swale behind my house.  Someone next door installed a playground on top of the swale and the water does not go downhill any longer.  Unfortunately, this is neither the Water District’s property or my property or the city’s property.  It is the homeowner’s private property.  There is a problem with the City of Parkland code enforcement saying, “You cannot mess with the swale because it changes how the swale performs”.  We do not have any authority whatsoever over this swale.

            Mr. Longo asked then why are we paying more money if you cannot maintain it?

            Mr. Rosenof responded we spent hundreds of thousands of dollars maintaining the canal where this water drains to, keeping it free from vegetation, the culverts clean, the aquatic weeds from choking the area and the drainage flowing.

            Mr. Longo stated I do not understand the increase.  Is there any way we can audit your budget?

            Mr. Rosenof responded it will be audited by an auditor.

            Mr. Longo asked how do you expect the numbers to be good enough?  You have part-time help and people driving around in trucks.

            Mr. Jay Guttveg responded the problem is we are getting confused about the swale behind our houses versus the canals.  I live in Pine Tree Estates and understand you are responsible for the canals.

            Mr. Goscicki stated correct.

            Mr. Guttveg stated the issue plaguing this homeowner is the swale because this is where the water is building up.

            Mr. Rosenof stated correct.  This has been my contention ever since I joined the Board.

            Mr. Guttveg stated I have lived here for seven years and this has been my issue.  Since you understand the problem with the homeowners, you should get involved?  The water gets disbursed from our canals and can be disbursed to the city.

            Mr. Rosenof asked do you want me to take over your property?

            Mr. Guttveg responded sure.

            Mr. Longo stated you said all of you are working together.  They have to know what you are trying to do and vice versa.  Maybe together you can accomplish something with the extra money we are going to pay you.

            Mr. Rosenof stated we spent nearly $1 million on hurricane restoration.  After Wilma came through, it was a mess.  There were thousands of trees in my canal and if we did not remove them, the water would have been up to your waist or even higher. 

            Mr. Herman Schnell stated I am the president of the HOA in Windsor Bay.  We have been very happy with Pine Tree taking care of our lakes and feel they are doing a good job. 

            Mr. Frederick stated we are doing our job but we are not responsible for the swales.  I know where Mr. Longo lives and would be happy to meet with him to show him how the system works and where the city takes over responsibility.

            Ms. Patricia Thomas stated my husband and I have lived on NW 80th Terrace for 34 years.  The water from our canal used to be pumped to State Road 7.  Then the Sawgrass Expressway came in and took our canal and pump away.  The city installed a new drainage system on the north end and wanted to assess us for it.  A resident at the end of our street obtained a pump and pumped the water into the NSID canal.  However, the city informed her she could not pump the water there because it was not her canal.  Four houses at the end of the street had an easement.  They could have installed a swale at the end of the street and let the water run into there.  The city said we have to take care of it but they will assess us for it.  Where were they when the Sawgrass Expressway came through?  Now we have no drainage.

            Mr. Craven responded they have a problem. 

            Ms. Thomas stated a big problem.

            Mr. Craven stated they are surrounded on three sides by Drainage Districts.  There is a pipe under the Sawgrass Expressway.

            Ms. Thomas stated it is useless.

            Mr. Frederick stated the problem is your water cannot get to the pipe.  Where the swales drain under the street, there is a piece of PVC pipe 4 to 6” inches with weeds growing in front of it.  On the other side of the street, there is a swale between the road and the Sawgrass Expressway.  The water is supposed to go into this swale but it is overgrown with trees and vines.  The water cannot go where it needs to go.

            Mr. Thomas stated there is a 12” culvert there.

            Ms. Thomas stated they just cleaned it out.

            Mr. Thomas stated Mr. Keith from Keith & Schnars said after the Sawgrass Expressway was constructed, there was no way to provide drainage because we are surrounded by three other districts.  We have to go through natural absorption.  My neighbor on the east side of the street has a moat around her house because the water just sits there.  Whispering Woods is to the south of us and when their lake fills up and the City of Coral Springs does not pump the water out, we get flooded.

            Ms. Thomas stated Whispering Woods is now part of Pine Tree.  Correct?

            Mr. Craven responded it always has been.

            Mr. Thomas asked can we pump our water into the NSID canal?

            Mr. Frederick responded you cannot take water from one district to another.

            Mr. Thomas asked then what are you assessing us for?  There is no control over the drainage.  There was an article in the Forum regarding the drainage.  They say the same thing over and over again.

            Mr. Frederick stated I understand what you are saying.  The problem you are facing is a city problem, not a District problem.

            Mr. Longo stated the districts should be working together to resolve this matter.  If one district has a problem, the other districts should assist.  I met with Mr. Charlie DeBrusco from the city and showed him the problem areas.  Nothing was done by the city.

            Mr. Goscicki stated we certainly talked with the city and provided them input on problem areas but we cannot tell the city what to do.  This is a separate independent governmental entity.

            Mr. Longo asked if you do not have any control and cannot work together, what are we doing here?

            Mr. Goscicki responded we are controlling the canal system.  The network upstream is not controlled or managed by this District.  If this system is not working and not getting water to our canals, we cannot control it.  We can only make the city aware of the problem but we cannot change it.  The money you give to this District, does not go to this city controlled property.  It goes to this District.  The only reason why this assessment is increasing is not to pay for more staff.  It is because we spent down the reserves to deal with the damage caused by Hurricane Wilma.  In fact we are reducing our staff.  Now we are trying to build up our reserves gradually so when there is another hurricane, this District has the money to remove trees from the canal so your house does not flood.  When this system falls, there not be standing water in the yard.  The entire neighborhood will flood and your house will have water inside of it.  You are paying this District to keep the water out of your house and streets.

            Ms. Thomas stated we understand but we have no drainage. 

            Mr. Thomas stated the problem was never corrected from six years ago and now it is worse.  The Pine Tree WCD has done nothing.

            Mr. Craven stated this Board has been discussing your problem for years.  It will take an infusion of capital to install a drainage system serving these 40 acres.

            Mr. Rosenof asked are you talking about adding piping?

            Mr. Craven responded adding piping, swales and ditches. 

            Mr. Rosenof asked is this problem isolated only to Pine Tree south of the Sawgrass Expressway?

            Mr. Craven responded the 40 acres south of the Sawgrass Expressway.

            Ms. Thomas stated we did not get swales because we had canals.  Then the Sawgrass Expressway came through and took the canal away so now we have nothing.

            Mr. Craven stated I do not know why you needed a swale in the first place.

            Ms. Thomas stated because we had a pump house.  All of these lots were empty when we moved in.  They could have installed the drainage before the houses were built.

            Mr. Rosenof asked does the water currently drain to the canal next to the Sawgrass Expressway?

            Mr. Craven responded no.  What is the name of the road accessing your community?

            Ms. Thomas responded 57th Street.

            Mr. Rosenof stated this is the road parallel to the Sawgrass Expressway. 

            Mr. Thomas stated correct.

            Mr. Craven stated the water drains to the swale on the north side going through small pipes underneath the road.  The pipe crushed by the Turnpike Authority provides the drainage.  There is no internal drainage or backyard swales.

            Mr. Rosenof stated if those pipes perform according to the design, they will still have a problem with their drainage because their swales are not on the north side.

            Mr. Craven stated correct.

            Mr. Rosenof stated therefore, no matter what we do within our District and our drainage system, we are not going to help them.

            Mr. Craven stated no. 

            Mr. Barnes asked what districts are they surrounded by?

            Mr. Craven responded NSID, Sunshine and Pine Tree.

            Ms. Bertolami stated someone asked why the county did not put in any drainage swales.  When the county installed the drainage swales on the north side of the Sawgrass Expressway, the property owners were offered a deal.

            Ms. Thomas stated they never offered it to us.  They told us we did not need it because we had the canal.  This was before the Sawgrass Expressway came through.

            Mr. Rosenof stated the only way to resolve this matter is to add swales south of the Sawgrass Expressway and have the residents pay for it through a special assessment.

            Mr. Thomas stated we just need a swale at the end of 79th.  Then the water will go into the NSID canal. 

            Mr. Craven stated we cannot do that.

            Ms. Thomas stated the water does not have to go into the canal but sit in the swale until it evaporates.

            Mr. Thomas stated Mr. Craven suggested building a swale running north to 57th Street but you cannot pump water uphill.  I told him you need to build a 30’ deep swale and flow the water into the canal along 57th Street on the north side.  He said this was Parkland water.  I told him if you went another 50’ there was a giant culvert running back into NSID. 

            Ms. Thomas stated everything in my backyard is built up.  They said it is too late.  Something should have been done before the lots were built.

            Mr. Thomas responded if you are going to assess us an extra $50, I understand you need this for the reserve.  However, what has been done with the other $145 throughout the years when you took our money and never did anything?  I do not mind helping to restore the everglades or keep Lake Okeechobee from evaporating but not when Lake Okeechobee opens up their flood gates and floods their water onto us, which they have done numerous times. 

            Mr. Longo stated it appears to me we have a bigger problem.  It sounds like the districts cannot work together to resolve issues.  This is a political problem and logistics problem.  If you want to do something for the residents, you need to start working with the other districts to get these problems resolved.  You should create a special board to work with all of the other districts to resolve these problems.  I was appalled when I read the article in the newspaper seven years ago and here we are with the same issue.  Nothing was done because the districts could not work together.  You have a bigger problem than drainage.

            Ms. Thomas stated they should take us out of the Pine Tree WCD and move us into NSID.  Many residents said they wanted to be annexed into the City of Coral Springs.

            Mr. Goscicki stated I am going to find out whether it is advantageous or feasible to put the area into NSID or have an Interlocal Agreement to move water into NSID.  Amending the District boundaries is not an easy thing to do.  It literally requires approval by the State Legislature to change the boundaries.  Keep in mind, you are saying, “Let’s move you into this district so we can put infrastructure in to drain your property”.  Someone is going to have to come up with the money, which is probably going to be a special assessment against your property to put in the infrastructure only benefiting this property.  Therefore, you will be paying an additional assessment over the regular assessment to make this happen.  If this is the solution, from what I am hearing, we have a problem with 40 acres getting landlocked due to the Sawgrass Expressway.  Getting out of this situation, will require some investment on those property owners to make this happen.

            Mr. Longo stated they should have budgeted to resolve surrounding area problems, not just walk away from them.

            Mr. Goscicki stated we have no control over the Sawgrass Expressway Authority.  This is something we can look at.  I am the manager for both districts and this is something I can take back to the NSID Board to see if there is any interest.  First I need to speak to the engineers and field staff to see what this means and how this will work.

            Ms. Klahr stated even if everyone looks at all the options and comes up with a viable solution and we put a bill in front of the legislation in the next session, this cannot happen until March 2008.  In addition, annexations/de-annexations have been rejected in the past few years.  All we can do is try.

            Mr. Rosenof stated if the drainage is south, this is probably the most logical solution.  Let’s look at both of these options.

            Mr. Goscicki stated we will first look at the feasibility.

            Mr. Rosenof stated all this will allow them to do is to flow the drainage to the pond, unless you put a swale between the properties.  It is not going to be a permanent solution.

            Ms. Klahr stated the water is in back of the yards and not the front.

            Mr. Rosenof stated I understand but if there is a barn in the backyard, you cannot put a swale between properties.  We can put a swale in the front or a culvert under the driveway.

            Ms. Thomas stated the guy next door did this but it did not work.

            Mr. Goscicki stated we will talk with the NSID Board, look at the feasibility of the situation and get back with you. 

            Mr. Brewer asked can we have something by the next meeting?

            Mr. Goscicki responded no.

            Mr. Longo asked can we get a status report at the next meeting as to the progress you have made?

            Mr. Goscicki responded yes but the status might be we asked staff to look into this matter and they are looking at all the alternatives.  NSID does not meet for another two weeks.  Their Board can say they do not want to deal with it.  Many issues need to be laid out before this can proceed.  In the meantime, you can certainly call me.

            Mr. Thomas stated the residents on the north side had trash thrown into their swales.

            Mr. Rosenof stated I have the exact same problem.

            Mr. Thomas stated I like Mr. Longo’s suggestion of getting both boards together.  I do not know why they took away the “pump house” canal, which ran all the way to State Road 7.  There used to be a pump, which I helped a commissioner maintain.

            Mr. Frederick stated you currently do not have a pump.  All you have is a gate.

            Mr. Rosenof stated the decision on the budget comes down to how much reserve we want to have, whether or not we want to bother the residents if there was a hurricane and whether or not we want to assess the residents or build up reserves.

            Mr. Cecil Lander stated I live on NW 68th Drive in Turnbridge.  I understand there is a $15 increase with this budget.

            Ms. Bertolami stated correct.

            Mr. Lander stated last year my assessment was $80.81 and it is now $160, which is a 445% increase.  I totally object to it. 

            Mr. Rosenof asked what size is your lot?

            Mr. Lander responded less than half an acre.

            Mr. Rosenof stated you will not get billed for the total $160.  You will only get billed for $40. 

            Mr. Lander stated the letter I received said my assessment will be $195.

            Mr. Rosenof stated this is per acre.  Since you only own quarter of an acre, you will be paying a quarter of the $195.

            Mr. Goscicki stated we could not customize this letter to everyone’s unit.

            Mr. Weissman asked how much did you pay last year?

            Mr. Lander responded $43.81.

            Mr. Weissman stated it will increase by $7.

            Mr. Lander stated the letter was misleading.  Some people thought they were going to get hit with another $195.

            Mr. Weissman stated no.

            Mr. Lander stated the letter also states, “The District operates and maintains the recreation amenity center”.  We do not have one.

            Mr. Goscicki stated there is a prescribed format to this letter because it has to meet a number of legal requirements in terms of the language.  Unfortunately, since we used this letter for other districts, some of the language may not be used. 

            Mr. Weissman stated I am in favor of the $160.01 assessment, not the $195 assessment.  There is no way we can provide the necessary reserves.

            Mr. Rosenof stated I agree.

            Ms. Bertolami stated I appreciate the comment about not having reserves regardless of whether we go with the $160.01 or $195 assessment.

 

On MOTION by Mr. Weissman seconded by Ms. Bertolami with all in favor the budget with the assessment increase of $160.01 was approved.

 

            The record will reflect Mr. Weissman left the meeting.

            Mr. Goscicki stated at this time, we need a motion for the adoption of Resolution 2007-5, which by title is:

“A RESOLUTION ADOPTING THE FINAL BUDGET OF THE PINE TREE WATER CONTROL DISTRICT FOR FISCAL YEAR 2008”

 

            Mr. Rosenof stated the Mayor of the City of Parkland requested the assessment be posted on their website.

 

On MOTION by Ms. Bertolami seconded by Mr. Brewer with all in favor Resolution 2007-5 as stated above was adopted.

 

            Ms. Klahr stated the next resolution is Resolution 2007-6.  The first blank in this resolution is the assessment of $160.01.

 

On MOTION by Mr. Brewer seconded by Ms. Bertolami with all in favor Resolution 2007-6 Levying a Maintenance Assessment for the Payment of Maintenance Expenses for the Water Management System from the Period of October 1, 2007 through September 30, 2008 was adopted.

 

 

FIFTH ORDER OF BUSINESS                         Manager’s Report – Meeting Schedule for Fiscal Year 2008

            Mr. Goscicki stated I have a request for the Board to approve the contract with Fish Tech for the culvert cleaning.  We went out for bids on this project and received bids from three bidders.

            Mr. Frederick stated this bidder was selected by the Board at the last meeting but we did not have the contract in place.

            Mr. Goscicki stated we do not need a motion. 

            We provided a meeting schedule to the Board for fiscal year 2008.  The budget you adopted reflects five meetings but around the time the budget is adopted, we need to meet more frequently.  I recommend the Board keep their meeting of June 5, 2008 and August 7, 2008.  These are the two meetings we need in order to go through this budget approval process.  Upon adoption of the budget, we can meet in October and skip November or meet in January and skip February and March, meet again in April and skip May or any combination the Board desires. 

            Mr. Craven stated we can omit the January meeting because it is always a problem. 

            Mr. Rosenof stated we will meet in October, December, February, April, June and August.  We only budgeted for five meetings so one needs to be omitted.  Let’s omit the August meeting.

            Mr. Goscicki stated this is when you need to adopt the final budget.  We will be set the public hearing in June and adopt it in August.  Let’s meet in October, February, April, June and August.

            Ms. Bertolami asked how about November and February?

            Mr. Rosenof responded good idea.

 

SIXTH ORDER OF BUSINESS                        Attorney’s Report

            Ms. Klahr stated Mr. Craven contacted me regarding Mr. Butters property.  We sent the letter out.  Subsequently, I received a call from Mr. Craven informing me this is not District property.

            Mr. Rosenof asked who owns the property?

            Mr. Craven responded the 17.5’ easement is owned by the City of Parkland.

            Mr. Rosenof stated so it is the city’s property.

            Mr. Craven stated no. 

            Ms. Klahr stated it is private property with a city easement.

            Mr. Rosenof asked how can we be in control over the ditch if we do not own it?

            Ms. Klahr responded we are not in control over it. 

            Mr. Brewer stated Mr. Butter has the same ditch you have in your backyard.

            Ms. Klahr stated this is why we need to identify what the District owns and controls.

            Mr. Craven asked how did we end up maintaining it?

            Mr. Frederick responded we thought it was ours from day one. 

            Ms. Klahr asked are we maintaining the length of the canal or just a piece?

            Mr. Craven responded just a piece, as far as I know.

            Ms. Klahr stated my legal opinion is if it is not yours, do not maintain it.  You are operating outside of your jurisdiction.

            Mr. Rosenof stated stop maintaining it.

            Ms. Klahr stated all the way to Country Acres.

            Mr. Frederick stated it runs all the way to Hillsboro.

            Mr. Goscicki stated I will obtain a list of the affected property owners and send them a letter saying, “By the way we discovered we do not own this property”.

            Ms. Klahr stated we also need to identify what we own and do not own.

            Mr. Frederick stated we will tell them we will no longer pick up their trash.  All they use the property for is a dump.

            Mr. Rosenof asked who is liable if something gets thrown in there and someone else’s house floods?

            Ms. Klahr responded the property owner.  At the last meeting, you requested I contract Mr. Andy Maurodis in regards to these issues.  I spoke to him and it is his opinion this District is not an HOA.

            Ms. Bertolami asked when you mentioned posting the assessment on the website; can you indicate the old assessment and the new assessment number?

            Mr. Goscicki responded yes.  We will include more simplistic terminology.

 

SEVENTH ORDER OF BUSINESS                  Engineer’s Report

            There not being any, the next item followed.

 

 

 

 

 

EIGHTH ORDER OF BUSINESS                     Supervisor’s Requests

            Mr. Brewer stated I did not feel comfortable sitting here tonight.  I do not think we had good answers of what we owned and do not own and what we do and do not do.  I think we need to meet with our sister districts.

            Mr. Craven stated we had at least three meetings with the other boards; offering them solutions and recommendations.  They do not want to spend a dime.  They just want you to put the pump back in and pump the water.  You cannot make much progress with that.

            Mr. Frederick stated if I install a pump, it is not going to help them anyway. 

            Mr. Brewer stated I know.  Mr. Craven and I discussed this matter several years ago. 

            Mr. Craven stated I have a survey in my file for each one of those streets.  The pipes go south.  They do not do anything to help themselves.  The city put culverts in when the Sawgrass Expressway was built and allowed the access road to fill up with dirt.  They allowed the Turnpike Authority to come in and plant trees in the swale across the road.  It was supposed to carry the water across the outfall to the Sawgrass Expressway.

            Mr. Frederick stated the pipe allowing the water to run from one side of the street to the other is a 4” PVC pipe.  It has weeds growing on either end blocking the water from flowing through. 

            Mr. Brewer stated there was an agreement with the City of Parkland before the Sawgrass Expressway was built saying every cul-de-sac would be re-built on every road in Pine Tree.  It was not done because the City of Parkland did not make anyone do it.  They just tore up everything and left.  We are not communicating.  I never had my swale as bad as it has been this past month.  They did not clean the swales.  They are draining but because they were torn up so bad in the cleanup, they were affected.

            Mr. Frederick stated I do not see anyone maintaining the swales.

            Ms. Bertolami stated in many cases, the reason is because we cannot get in there.

            Mr. Frederick stated we used to mow them and now we do not.  This was because the City of Parkland was supposed to mow them.  Now no one is mowing them.

            Mr. Brewer stated I think the city is taking the stance “Since the front of the house has an easement; the back of the house has one too”.  My lawn maintenance guy tries to get away with saying it is wet.  I told him to put some boots on and press on.

            Mr. Craven asked in your other districts, do you assess property belonging to the HOA?

            Mr. Goscicki responded some.  I would not tell you it is universal.  When the Assessment Methodologies were set up initially, the developers excluded certain properties.  I could not tell you if there is a consistent methodology.

            A resident asked will common areas in my community get assessed?

            Mr. Craven responded they should be.

            The resident asked who decides this?

            Mr. Goscicki responded it is decided when the Assessment Methodology report is put together.  Typically the dry areas should be assessed.  A common area the association owns will be assessed.  If you have a lake area, which is part of the infrastructure owned by the association, it probably will not be assessed.

            Mr. Craven asked why not?

            Mr. Goscicki responded because of the way it was done.  I am not going to argue about the economics because to me, it is an economic issue decided upon when the District is established.  However, this is only for new districts.  I cannot speak to a 30 year old District on what the methodology was and how it evolved.  When you are establishing a new CDD or WCD, you prepare a formal Assessment Methodology Report, which needs to be presented in front of a judge and approved by the judge as part of the certification process for establishing the district.  You typically have an Economist do this because someone needs to answer the questions and say, “This is a justifiable way to assess the benefit of this infrastructure against the users of the system”.  You are saying this is a legitimate way to assess benefit against the property.  I will not attempt to argue this one way or another but this is my expertise.

            Mr. Craven stated we should investigate whether or not these properties are being assessed and determine if they are not, whether they should be.

            Mr. Rosenof stated my opinion has always been every square inch of Pine Tree WCD should be assessed.

            Mr. Craven stated I agree.

            Mr. Rosenof stated why make a differentiation between a lake and a parcel.  This is why I always wanted the 2,110 acres to be equal.

            Mr. Brewer stated everyone assumes the 2,110 units indicate the acreage of the District.  The question keeps coming up “Where are you getting this number”.  Mr. Lander owns a portion of a unit and this is why his tax bill is less.  So instead of having 2,110 acres, you could have 6,400 units.  Correct?

            Mr. Rosenof responded you assess the whole complex.

            Mr. Brewer stated in other words, a townhouse or villa who has fee simple is a unit.

            Mr. Goscicki stated let me go back and look at what we are doing and how we presented it to the Property Appraiser.  We will see what vacant parcels out there are not being assessed and find out why they are not being assessed.

            Mr. Rosenof asked is Holmberg Road being assessed by the City of Parkland?

            Mr. Craven responded no.

            Mr. Goscicki stated I would not think so.

            Mr. Rosenof asked should it be?

            Mr. Craven responded no.

            Mr. Rosenof asked why?  We accept the water from them.

            Mr. Craven responded if you want to take on the City of Parkland be my guest.

            Mr. Brewer stated Holmberg Road does not belong to the City of Parkland.  Is the entire 2,110 acres encompassed by the Pine Tree WCD?

            Mr. Craven responded it is taxable.

            Mr. Goscicki stated the question I am hearing from the Board is what should be taxed.

            Ms. Bertolami stated we need to figure out what is in the District and what the District controls.

            Mr. Craven asked do you have a boundary description of the District?

            Ms. Bertolami responded yes.

            Mr. Brewer stated we may not want to know.

            Mr. Craven stated my point is the water facilities are an integral part of the subdivision.  It will not work without the water.  I think they should be.

            Mr. Rosenof asked is Terramar Park being assessed?

            Mr. Craven responded no.

            Mr. Goscicki stated I need to look at the tax roll.

            Mr. Rosenof asked can we assess the county as this is a county park?

            Mr. Goscicki responded we need to see whether you can assess another governmental entity.

            Ms. Klahr stated I do not know to what degree they are exempt from your assessment. 

            Mr. Rosenof asked can you take a look?

            Ms. Klahr responded yes.

            Mr. Rosenof stated it would be interesting to find out because this is a large park.

            Mr. Frederick asked is this a city park the city maintains?

            Mr. Brewer responded the city maintains it.

            Mr. Rosenof stated I thought it was part of the county system and owned by the county.

            Ms. Klahr stated they could have dedicated it to the city on a perpetual lease with a reverter clause.  They do this a great deal.

            Mr. Rosenof stated I did not realize every square inch of the Pine Tree WCD was not part of an assessment.

            Mr. Craven stated the only portion exempt was the dedicated public ROW.

            Mr. Rosenof stated which would only be Holmberg Road.  Right?

            Mr. Craven responded city streets are exempt.

            Mr. Brewer stated the only reason this number ever existed from day one was the county walked in here and said “Here, we do not want this District anymore and by the way it equals 2,110 units or acres.”  The number changes every year.

            Mr. Craven stated it changes because when we started out, we only had 640 acres.

            Mr. Goscicki asked was Pine Tree a dependent District at one time?

            Mr. Brewer responded the county used to run it.

            Mr. Goscicki asked when did it transfer over to a WCD?

            Mr. Frederick responded in the late 1970’s.

            Mr. Goscicki stated when I was with the county Water Resource Management Group, they were trying to take over every independent district and link them all in.

            Mr. Craven stated for some reason, they did not want this one.

 

NINTH ORDER OF BUSINESS                       Approval of May Financials and Check Registers

            Mr. Brewer stated I did not see anything unusual but the reason we are not spending much money is because we do not have any.

 

On MOTION by Mr. Brewer seconded by Ms. Bertolami with all in favor the financials for May and check registers dated June 25, 2007 in the amount of $18,539.91 were approved.

 

 

 

 

TENTH ORDER OF BUSINESS                       Adjournment

            Ms. Klahr stated I would like to add some language to the Fish Tech contract.  If you email it to me tomorrow, I will make the changes.

            Mr. Frederick stated I will have someone from my office email it to you.

            Mr. Goscicki stated we should get authorization for the President to execute the contract as modified.

            Ms. Klahr stated the Board already approved the contract in form so we do not need any further approval.  It is just a matter of getting it signed by the President.

            There being no further business,

 

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

 

 

 

 

                                                                                                                                                     

Paul Brewer                                                                 David Rosenof

Secretary                                                                      President


NOTES for 7/5/07 Pine Tree Meeting

 

Ed Goscicki/Bob Koncar

 

·        Determine whether it is advantageous or feasible to put 40 acres of NW 80th Terrace into NSID or have an Interlocal Agreement to move water into NSID.  Speak to the engineers and field staff to see how this will work and if there is interest from the NSID Board.

 

·        Obtain a list of the property owners affected by the District no longer maintaining property on NW 66th Way.

 

·        Post the old assessment and new assessment number on the website.

 

·        See what vacant parcels are not being assessed and why.

 

Recording

 

·        Set the 2008 meetings for November, February, April, June and August.

 

Attorney

 

·        Identify what the District owns and does not own.

 

·        Determine if one governmental entity (Pine Tree) can assess another governmental entity (Terramar Park)

 

Randy Frederick

 

·        Look at the drainage problems at 5251 NW 80th Terrace in Parkland (Mr. Longo’s property)

 

·        Stop maintaining the portion of NW 66th Way the District was maintaining.