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, August 2, 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

            Julie Klahr                                                  Attorney 

            Warren Craven                                           Engineer

            Randy Frederick                                         Field Superintendent

            Brenda Schurz                                            Severn Trent Services

            Neil Thomas                                               Resident

            Robert Volpe                                             Resident

 

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 July 5, 2007 Meeting

            Mr. Rosenof stated each Board member received a copy of the minutes of the July 5, 2007 regular meeting and requested any corrections, additions or deletions.

            Ms. Bertolami stated on page 22, two-thirds of the way down, “Ms. Bertolami stated yes”.  I do not recall saying this.  The minutes should be amended to state this statement was questionable.

            There being no further corrections, additions or deletions,  

 

On MOTION by Mr. Weissman seconded by Mr. Brewer with all in favor the minutes of the July 5, 2007 meeting were approved.

FOURTH ORDER OF BUSINESS                    Consideration of Permit Requests from Harris Engineering

A.                 Wiles Road Plaza

B.                 Coral Creek Outparcel

            Mr. Craven stated Harris Engineering provided two permit applications for two outparcels; Wiles Road Plaza and Coral Creek, located on the northwest corner of Wiles Road and State Road (SR) 7.

            Mr. Rosenof asked is this where the Walgreens is? 

            Mr. Craven responded yes, right next to the Walgreens.  One is facing SR 7, which is next to the Walgreens and the other faces Wiles Road.  The backbone system for the drainage was put in years ago when this area was subdivided as a commercial parcel and provides the on-site retention necessary to meet the pollution control requirements.  I recommend both of these applications be approved subject to the current SFWMD specifications. 

            Mr. Rosenof stated in the past we have asked for Planning and Zoning to approve plans before we approve them. 

            Mr. Craven stated we have never done this before. 

            Mr. Weissman stated I think this is more for plats. 

            Mr. Rosenof stated the only reason we have done this before was because we had several cases where Mr. Craven reviewed and approved plans only to have Planning and Zoning change a number of things.  I would not worry too much about this as this is more of a procedural issue.  We should probably be asking for the City of Coral Springs approval before we approve plans.  Correct? 

            Mr. Craven responded I understand your reasoning.  We have done this in the past for parking but we never applied it to this type of project. 

            Mr. Rosenof stated this is the first commercial property in Coral Springs we have done in a long time. 

            Mr. Craven stated true. 

            Mr. Rosenof stated I am not opposed to you recommending we approve this.  I just want to re-state the procedure and perhaps somehow memorialize it.

            Mr. Goscicki stated CSID had the opposite problem where the City of Coral Springs approved construction, which never even came before the District because it received city approval and they moved forward.  The fact this is coming to us first for review and approval is not a bad thing.  It may get kicked back and changed but at least we are seeing it, we know what the development is and unless there is a material change to the property, we know it is coming to the District and are in the loop. 

            Mr. Rosenof asked does this mean the City Engineer of Coral Springs will approve a site water drainage plan without our approval?

            Mr. Goscicki responded it has happened. 

            Mr. Rosenof stated this would be bad. 

            Mr. Craven stated but they will and they do so on a daily basis. 

            Mr. Rosenof asked could we send them a letter telling them to stop? 

            Mr. Craven responded it would be a waste of time. 

            Mr. Goscicki stated we have this kind of communication regularly through the CSID Boards and we make it a point that we are in the drainage business and need to be involved in the review and permit phase of new development.  It is a continuing education effort. 

            Mr. Weissman stated I suggest forwarding a copy of the application to the City of Coral Springs with a letter from our attorney advising them we approved this request and if there are any changes we request they advise us of those changes and in the future we appreciate it if all applications within the district be submitted here.  How does this sound? 

            Mr. Rosenof stated well stated.  These permits requests are straight forward. 

            Mr. Neil Thomas stated I live on NW 80th Terrace, which is south of the Sawgrass Expressway.  How is this going to affect our drainage because we had a severe problem last time the drainage was not sufficient?  If you are going to develop something over here it is going to flood.

            Mr. Rosenof responded it is a separate pipe system.

            Mr. Craven stated it is approximately a mile away from you so it should not affect you.  It is a totally different system.

            Mr. Thomas stated it does not matter.  We had Keith & Schnars survey our area and they said we are on hard rock.  They know what we are stuck with.  If you are going to present a bigger problem with more drainage up in this end, how are we going to get rid of ours?

            Mr. Goscicki responded I will be addressing your issue further under the manager’s report.

            Ms. Bertolami asked in regards to the permit requests, was this an existing drainage system or is it modifying what is currently there?

            Mr. Craven responded the backbone system serving the entire community has been there for 10 years.

            Mr. Rosenof asked is the drainage going to stay on-site?

            Mr. Craven responded there were a number of parcels and it will provide the on-site retention.

            Mr. Rosenof asked how much is being retained on-site.

            Ms. Bertolami stated what I am trying to get some clarification on is whether this will change what has been going on for the last 10 years or modifying the way it has to be built because now they are adding a parking lot.

            Mr. Craven stated correct.

            Mr. Rosenof stated to put it in layman’s term, the impervious part of the lot is being taken up by the infrastructure.  Since there is asphalt, the actual drainage will be below it so the two of them should theoretically balance out so that you have no run-off.  Is this a correct statement?

            Mr. Craven stated yes.

            Mr. Weissman stated it is a good idea.  However, what happens during torrential rains?

            Mr. Rosenof responded the same thing that happened before.

            Mr. Rosenof stated my point is if you have five inches of rain, it is going to flood like it does now.  All we are permitting is the exfiltration trench. 

 

On MOTION by Mr. Weissman seconded by Mr. Brewer with all in favor the permit application from Harris Engineering for Wiles Road Plaza was approved.

 

On MOTION by Mr. Weissman seconded by Mr. Brewer with all in favor the permit application from Harris Engineering for the Coral Creek Outparcel was approved.

 

FIFTH ORDER OF BUSINESS                         Manager’s Report

            Mr. Goscicki stated at this time, I wish to discuss the drainage issues brought up at the public hearing on NW 79th Way and NW 80th Terrace.  I visited the site with Mr. Randy Frederick, Field Superintendent to get a first hand look at what we had out there, how this area drained, where it drained to and some possible alternatives.  You have two parallel streets; NW 80th Terrace and NW 79th Way.  The drainage on those properties is in back of these properties along a swale, which drains to the north towards the Sawgrass Expressway.  Along NW 57th Street, which runs parallel to the Sawgrass Expressway, there is a swale and two small culverts going underneath.  From those culverts, the water flows over the ground to a small retention pond on NW 57th Street adjacent to the Sawgrass Expressway.  This pond is the beginning of our drainage system.  We own this pond, which is valved to the canal on the south side of the Sawgrass Expressway.  We do not own this canal as it is owned by NSID but there is a valve, which we could use to move water in the event of emergencies.

            Mr. Craven stated the valve is on the other side of the Sawgrass Expressway.  This connection was made a couple of years ago with funding supplied by the SFWMD in anticipation of moving recharge water through our system.  However, it never came to fruition.

            Mr. Rosenof stated we do not have a problem with the flow going back the other way.

            Mr. Goscicki stated correct.  The normal flow of the water goes underneath the Sawgrass Expressway by way of a canal going to the east.  When we went out there and looked at the area, there was clearly water standing on some of the properties, particularly as you went further south.  The property on NW 80th Terrace had significant standing water; however the culverts on NW 57th Street were bone dry.  It did not look like there was any water flow there in quite some time.  The retention pond also did not have water flowing to it so there was obviously no water flowing out of it across and underneath the Sawgrass Expressway.  In my estimation, you clearly have on-site drainage problems.  The properties do not drain and the swales do not take the water on those properties into those culverts.  The culverts themselves probably need some work but they are under a city road.  However, without surveying, I could not say.

            Mr. Craven stated we ran some levels down there about four to five years ago.

            Mr. Rosenof asked are there any improvements within this ditch?

            Mr. Goscicki responded the ditch is on an NSID canal.

            Mr. Rosenof asked is there anything in the ditch to stop the water flow?

            Mr. Goscicki responded yes, in some areas.

            Mr. Rosenof stated we obviously have a problem.

            Mr. Goscicki stated I do not think the District has the problem.  I think the residents have a problem, which is more between the residents and the City of Parkland in terms of how we get water to those culverts and how they maintain the drainage within their properties in order to move this water.

            Mr. Rosenof asked who gave them the permit to allow the water to flow the wrong way or was it not built per permit?

            Mr. Craven responded it was probably not built per permit.  This property was developed as part of Pine Tree years ago.

            Ms. Bertolami stated many years ago.  Prior to construction on the Sawgrass Expressway they had problems.  Since then, there has been considerably more construction and every time you build a new house, you compound the problem.

            Mr. Rosenof asked were these streets connected at one time?

            Ms. Bertolami responded yes.

            Mr. Rosenof asked are you saying even when these streets went through, the drainage was like this?

            Mr. Craven responded yes, portions of the area were lower.  I cannot change the topography.

            Ms. Bertolami stated I think the canal was continuous and there is a drainage ditch.

            Mr. Craven stated probably at the time the first house was built and each house thereafter, there was an east/west ditch at the south end, which went to some farmer’s drainage system.

            Mr. Rosenof stated I understand and fully agree.  I think all of your supervisors agree this is not our problem.  However, if we can do something to fix it, I would be more than happy to try to help fix it.  The only thing I can see is doing a cross-agency agreement to dump the water back into the NSID canal?

            Mr. Goscicki stated I assume we have to put in some type of a lift station/pumping station to get the water through the NSID canal because you have a berm there, which you have to go over or possibly under.  I do not know if NSID will permit this or you would want to permit something, which will gradually flow in because then it could gradually flow out as their water levels come back up.

            Mr. Rosenof stated I think you have a structural problem due to the fact you do not have an invert from one side to the other.  Therefore, no matter what we do, we cannot go on private property and fix this problem.

            Mr. Brewer stated you could have a house, which is 15, 20 or 25 years old where the homeowner blocked the drainage by building a swale by his house per the city requirements.

            Mr. Rosenof asked are there any circumstances where code enforcement can come in and fix the problem? 

            Mr. Craven responded I do not know if you re-worked the entire swale whether you could ever get rid of the water from the furthest house south.

            Mr. Rosenof stated you can if you draw the water over the berm to the NSID canal.

            Mr. Goscicki stated apparently NSID found illegal connections in the past.

            Mr. Rosenof asked from an engineering standpoint, what is the best way to fix it?

            Mr. Craven responded collect the water and then find a place to dispose of it.

            Mr. Craven stated the logical disposal place is the NSID canal but then you are getting into a pump facility situation.

            Mr. Rosenof stated even if we do this the residents or the city or someone else is going to have to figure out how to get the water down there. 

            Mr. Goscicki stated correct.  I suggest as the first course of action for the residents to get together to create a system, which will collect the water and bring it to a point where they could then get it pumped into NSID and then I think we can go to NSID and say we need to work out an inter-local agreement.

            Mr. Rosenof stated I request you do this at the same time if the residents want to do this.

            Mr. Goscicki stated we have an NSID Board meeting next week and I will bring it up then.

            Mr. Thomas stated we live south of the Sawgrass Expressway.  Keith & Schnars says you are trying to flow water uphill, which in their opinion does not work.  From the Sawgrass Expressway to the end of NW 80th Terrace there is a one foot drop going south.  According to Keith & Schnars, at the very end of NW 80th Terrace and NW 79th Way there is an easement, which you can cut through and drop into the canal.  Can you do this?  I am being taxed by SFWMD, Okeechobee Basin, South Florida Inland Navigation, NSID, Pine Tree WCD and Everglades Capital Improvement.  Everyone is collecting our tax money and no one is doing anything.  You may as well write it down on a piece of toilet paper because this is as far as it is getting.  We were in the newspaper from day one and have not done anything since then.  What are you going to do? 

            Mr. Weissman asked did you say NSID is listed on your tax bill?

            Mr. Thomas responded yes.

            Mr. Weissman stated if they are getting billed by NSID, we do not need an Interlocal Agreement.

            Mr. Thomas stated in back of my property there used to be a 40’ easement.

            Mr. Rosenof stated in my opinion, the whole swale has to be repaired, which is between your houses.

            Mr. Thomas stated it is not between the houses; it is at the very far end of the streets. 

            Mr. Rosenof stated the problem is this does not help the people closer to NW 57th Street because the grade is lower and you still have to re-grade the entire swale on private property.

            Mr. Thomas stated if NW 57th Street is higher it is because it is at the end of the street.

            Mr. Rosenof stated what I am hearing is there is not a constant grade from NW 57th Street south.  Therefore, no matter what we do, if your water does not get to us there is not much we can do.  We can make all sorts of recommendations but at the end of the day, we cannot go on your property.  We do not have the jurisdiction.  We can offer solutions and work with other agencies to make things happen, but at the end of the day it does not sound like this system was ever designed to bring the water anywhere.  Am I correct or am I oversimplifying it?

            Mr. Brewer responded when the first houses were built, no one controlled the swales.  Five years ago we built a house three houses south of the Sawgrass Expressway per the City of Parkland requirements and built a swale back there.  This swale could be blocking the entire system. 

            Mr. Rosenof stated I am not saying this cannot be fixed but it is going to require the private property owners, the city and the water districts to all figure out a plan together.  The problem is getting the water to us.  We do not have jurisdiction to tell you or your neighbor who may have put a high piece of dirt in the middle of his ditch, to get rid of it. 

            Mr. Thomas stated the water from aquifer comes out of Okeechobee and flows south.  How can you run it underneath NW 57th Street when there is a giant 60’ culvert running down the NSID canal?  We should just cut a small swale and let the water run out of there.  There use to be a 40’ easement at the end of NW 80th Terrace & NW 79th Way.

            Mr. Craven asked what happened to it? 

            Mr. Thomas stated I do not know. 

            Ms. Bertolami asked could we explore whether there is an easement there?

            Mr. Craven responded it would be nice to know.

            Mr. Thomas stated Whispering Woods built against the back end of those two streets and left us hanging.  The Water Management District leaves us hanging.  Everyone leaves us hanging.

            Mr. Rosenof asked is this a City Engineer issue?

            Mr. Weissman responded I think you have a private property issue.  The city is not going to re-grade the back of everyone’s home to make the water flow properly. 

            Mr. Rosenof stated but they may be able to help facilitate it.

            Mr. Weissman stated the only thing the city could possibly do is to get the engineer out to tell them what you need to do, but you cannot force people to go out and do the work.

            Mr. Rosenof stated maybe the city could establish Special Assessment District to help with this.

            Mr. Weissman stated they have to deal with their neighbors who caused the problems.   If the problem was caused by the city; then the question becomes where you want the water to flow.  From what we are hearing tonight, it should go to NSID.  It sounds like NSID is already charging for it so this is really where the problem probably belongs.

            Mr. Rosenof asked could you talk to Ms. Caryn Gardner-Young, the Parkland City Manager, about this issue?

            Mr. Thomas responded yes.  I spoke to Mr. DeBrusco who used to be on the Board and he said we had to put a two inch drainage pipe at the end of our street.  For two inches, you will need a 24” culvert, nothing less.  I almost bought the lot at the end of NW 79th Way but there was a 40’ easement there at the time.  I do not know what is at the end of NW 80th Terrace.

            Mr. Rosenof stated there are two sides to this issue we need to get addressed.  The first is Mr. Goscicki will work with NSID and our District to figure out how and if we can bring water to them.  Second of all, we are concerned about your tax bill showing NSID on it.  Mr. Goscicki is going to see how this affects us and you legally and what the possibilities are for an Interlocal Agreement to bring the water back to them.  At the same time, I suggest you call Ms. Gardner-Young and ask her how the city can help.  We can only go so far.  We cannot go into your yard or do anything behind your house so if someone built a high spot in the middle of the ditch, there is nothing we can do.  I will call Ms. Gardner-Young tomorrow and tell her what the issue is but I want you to call her and set up a meeting to see if she can figure out a way to get your issue resolved.  At the same time, I want to look at this from a District angle.

            Mr. Weissman stated Mr. Goscicki should also look at those properties to see why the residents are being billed by NSID.

            Mr. Thomas stated there is a conflict of interest because Mr. Goscicki manages both districts.  What are you doing here?

            Mr. Goscicki responded I would say the opposite is true.  Before you were complaining about lack of cooperation between Districts and now you are complaining about the same manager for both districts.  I can tell you there is no conflict of interest so I can represent these districts and make sure the cooperation is there.

            Ms. Bertolami stated I suggest Mr. Goscicki get a copy of Mr. Thomas’ tax bill.

            Mr. Goscicki stated I will cross off all dollar amounts if you want but I want to see whether Pine Tree and NSID are listed on it.

            Ms. Bertolami stated as a point of clarification and maybe to wrap this item up, even if there is an easement at the south connecting NW 79th Way and NW 80th Terrace and even if the District was willing to put an east/west swale in there, this still does not get the water there so it is not very helpful.

            Mr. Rosenof stated correct.  There has to be a two pronged approach. 

            Ms. Bertolami stated it is a joint venture between all of the homeowners to get these swales cleaned out.

            Mr. Rosenof stated if 80% of the homeowners in your neighborhood do not want to do this, we are back to where we started from and unfortunately the people who were high and dry will say “Why do I need to pay for this as you are getting all my water”.

            Mr. Goscicki stated typically in an area like this, you create a Special Assessment District within the area, donate the right-of-way and allow someone in the District to create the drainage improvements.  However, this cost stays with the property owners and the challenge you are currently facing, is the cost to be borne by the property owners to get the drainage off of your property to a point where it can be collected.  This is clearly outside the purview of the Pine Tree Water Control District to get involved on private property and those drainage issues.

            Mr. Rosenof asked when we permit anything in Pine Tree, north or south of the Sawgrass Expressway do we permit the grading of the swale or is it built in?

            Mr. Craven responded it is strictly done by the City of Parkland.

            Mr. Rosenof asked do we inspect it?

            Mr. Craven responded we do not have anything to do with building a private house on a private piece of property.

            Mr. Rosenof asked because the private land owner owns the swale?

            Mr. Craven responded yes. 

            Mr. Brewer stated the typical homeowner will grade all the way back to his easement line and then he will stop and call me to ask me whether they need to grade the swale.  I will tell them not to touch it because I do not know where it is supposed to be.  Who does?  There is supposed to be an existing swale there so if I start telling homeowners to change it, then I have to go back to every homeowner on Holmberg Road to get the new grades, transfer it over and say “This house is supposed to be such and such a grade but nothing uphill is graded and needs to be left alone”.

            Ms. Bertolami stated the difference is the swales were actually built.

            Mr. Rosenof stated they were built correctly at one point.

            Mr. Craven stated correct.

            Ms. Bertolami stated but none were built south of the Sawgrass Expressway.

            Mr. Thomas stated I bought my property in 1969 south of the Sawgrass Expressway and started building in 1970 when it was part of Broward County and not the City of Parkland.  Later, we had the option of incorporating with Coral Springs or Parkland and we chose Parkland.  Everything was fine and then all of the sudden we had a pump house canal at the end of SR 7 and the Sawgrass Expressway came along and cut us off.  We are now stuck here surrounded by different water systems and no drainage.  Mr. DeBrusco built the house at the end of our street and they let him put a berm in back of his property to stop water flowing to Whispering Woods Lake.  Now we have a berm sitting there.

            Mr. Rosenof stated I think we have at least an idea on how to get this matter resolved.  At least we have an avenue to go down so we will see where it brings us next month.  Let us know how you did with the city.  I will call Ms. Gardner-Young tomorrow to tell her what you will be talking to her about.

            Mr. Goscicki stated the only other issue we were looking into is on NW 66th Way where the water came up to a drainage ditch, where one of the homeowners put in and filled with dirt.  The question is whether or not we own the ditch.  We were told at the last Board meeting we do not own it.  This ditch drains 205 properties.

            Ms. Klahr asked is this the homeowner we wrote the letter to, Mr. Butters?

            Mr. Goscicki responded yes.  This ditch runs along the entire area and affects all of these properties.

            Mr. Rosenof stated we do not own it.

            Mr. Goscicki stated the Board asked us to go send a letter to the affected property owners stating we were not going to maintain this ditch.  It turns out there are 205 homeowners.  Before we send letters to all 205 homeowners, I want to do some more research before 205 people show up at your next Board meeting, on the ownership.  If we do not own it, then we need to come up with a solution.

            Mr. Brewer stated I think this is the same issue Mr. Craven and I discussed where we concluded the city owns the easement and gave them the permit to put the pipe there.  The only thing I think we can do as the District is to notify the city they have a problem, which is causing us drainage problems.

            Mr. Rosenof stated we did.

            Mr. Brewer stated if this is the case, they can either fix it themselves or do wherever we want but they are going to call us when things start flooding.

            Mr. Goscicki stated I will send a letter to the City Manager notifying the city based on our records, we believe this canal is under their ownership and even though we maintained it historically, we are going to cease maintenance and expect the city to maintain it.  We can have them acknowledge back to us at least they received the letter.  Let me draft something and run it by District Counsel.

            Ms. Bertolami asked is this preferable to establishing an easement or is that an option?

            Ms. Klahr responded it may end up there but we will see.

            Mr. Goscicki stated someone needs to maintain this canal and is what this is going to come down to.

 

SIXTH ORDER OF BUSINESS                        Attorney’s Report

            Ms. Klahr stated two issues were raised at the last meeting.  The first is we need to confirm what we own and do not own.  Mr. Goscicki and Mr. Craven were going to look at the existing documentation to try to minimize costs.  I think it is evident we need to move forward.  The other issue is in regards to a question raised at the last meeting about the taxation of certain properties such as roadways and parks owned by other governmental agencies.  I have been doing a great deal of research on this District and I am going to request your indulgence to give me more time.  I am finding some issue with the information I am uncovering and I want to have some time to go over it with Mr. Goscicki.  There are allegedly some properties being taxed by multiple districts.  I have seen some errors and I want to see what I can do to fix them, even if we need to transfer property within our Water Control District to NSID once we work all of these problems out.  Maybe we need to do an agreement or address some of these issues in our own legislation.  The question is whether or not this is going to be something we will have ready for the 2008 session or if we are going to have to wait.

            A Board member stated we are going to have to do it soon.

            Ms. Klahr stated this is the whole point.  I am not sure whether or not we are going to make this session but we need to look at some of these issues.  In order to answer your question, I need to address some of these issues.  The point is not whether or not I have an answer for you because I have one, but I do not want to discuss it further at this point without more information.  If we have been collecting against those homeowners, let us continue doing so.

            Mr. Goscicki stated there are approximately 3,000 acres within the District and are currently taxing 2,238 acres.  This means 762 acres are not being taxed, which are showing up as government owned land when we are printing out the tax bills.  We are digging into why these are considered government owned properties.

            Ms. Klahr stated I need to see which statutes apply.  You have portions of various chapters as part of this district, which does not fall squarely within the charter.  Your legislation states these sections do not apply but they do.  I need to put all of the pieces together and figure out historically what we have been doing and where the pieces fit in.  This came to my attention, having seen a letter from one of the other districts, the Sunshine Water Control District.  Is this district in Broward?

            Mr. Goscicki responded yes, it is also in Coral Springs.

            Ms. Klahr stated I believe their letter indicated a unit is a property.

            Mr. Goscicki stated their definition is different than ours.

            Mr. Thomas stated Ms. Klahr is expressing a good point of what is occurring between these districts.

            Mr. Rosenof asked are you being billed by Sunshine too?

            Mr. Thomas responded no.  If NSID has information about what they are going to do, why is Sunshine not giving it to us?

            Ms. Klahr responded the answer is all of this information is public but only they are responsible and answerable to the residents within their jurisdiction.  They are not going to send it to their neighbors.  You are more than welcome to go to any of these agencies and get information from them.  It is a public record but they are not going to broadcast it to the world.

 

 

SEVENTH ORDER OF BUSINESS                  Engineer’s Report

            Mr. Craven stated I received a call from a resident yesterday, Mr. Robert Volpe about an erosion problem at 6354 NW 56th Drive.  I came by this afternoon but I did not stop because I already made up my mind about what the legal ramifications were.  To the best of my knowledge, Mr. Volpe lives south of the Sawgrass Expressway.  If I am not mistaken, it does not abut the Sawgrass Expressway but faces the road running parallel to it.

            Mr. Volpe stated I do not face the road; I am in the corner.

            Mr. Craven stated he is on the lake/canal running parallel to the Sawgrass Expressway.  We have rights to the lake but it belongs to the HOA.  I do not recall us doing anything about erosion on this lake.

            Mr. Thomas stated he does not live on the lake.

            Mr. Volpe stated we live on the north side of the canal before it opens up to the lake.  My backyard abuts the water.

            Mr. Craven stated you are on the water but you are not where it opens up into the lake.

            Mr. Volpe stated I am part of the original canal before it was expanded to the lake.

            Mr. Craven stated to the best of my knowledge, this lake belongs to the HOA and if you have a problem, it should be addressed by them.

            Mr. Volpe stated I contacted the HOA and they said it is not their property.  The lake was owned by them prior to the canal being extended.

            Mr. Craven stated all this district has, is the right to flow water to it by an easement.

            Mr. Volpe asked who is responsible for maintaining the easement.

            Mr. Craven stated there is no easement.

            Mr. Rosenof asked how about along the edge of the bank?

            Mr. Craven stated I do not know.  I assume that there is an easement.  You own the property and the easement is maintained by the HOA to the best of my knowledge. 

            Mr. Craven stated I will contact Mr. Frederick.

            Mr. Brewer asked is this the one where the canal runs north/south and turns back into the finger and runs east to west?

            Mr. Craven responded yes.  He is in the northwest corner.

            Mr. Brewer stated and I think the canal may not even be on the Coral Creek side and may go back to the prior system.

            Mr. Craven stated as soon as I get further information I will get back to you.

            Mr. Volpe stated every time it rains, it just takes way more of the lake bank.

            Mr. Frederick stated as I explained to him, this is the way the water flows. He is right on that bend so naturally he is going to get a current coming through there.

            A Board member asked how long have you been out there?

            Mr. Volpe stated five years.

            The Board member asked you are now just experiencing this in the last couple of weeks?

            Mr. Volpe responded I have been calling for two years.

            Mr. Craven asked did you ever have any trouble before?

            Mr. Volpe responded not before the hurricane.

            Mr. Frederick stated there are a couple of trees in there we never removed.

            Mr. Craven stated the trees definitely are not ours; they are on private property.

            Mr. Volpe stated they are still in our canal.

            Mr. Rosenof stated we are not taking any more trees.

            Mr. Frederick stated while the trees were in there, I was going to see if maybe we could have them do something temporarily but this never happened so now, two years down the road either we are in the same spot or worse.

            Mr. Rosenof stated before we do anything, we need to find out who owns this lake and follow it up.

            Mr. Thomas stated you are sitting here saying we cannot remove the trees.  The surveyors laid these properties out.  This is someone’s responsibility.  Do not sit there and say “We need to look into this”.  The Board cannot help.  I know what you are doing.

            Mr. Rosenof stated I cannot help him.  I wish I could.  It is not my property.  There are a hundred lawyers who will sue us for trespassing.

            Mr. Thomas stated true.

            Mr. Rosenof stated we are trying to do the right thing.  After Wilma we said “We are going to fix these problems” and started taking the trees out of the canals.  Low and behold we were on private property, which triggered an ultimate mess so we are trying to do things the right way.

            Mr. Thomas stated I called the city and said “FEMA was out here with there trucks and they broke the edges of the roads off and are you going to repair the edge of the road with FEMA money”.  They put their hands up like they were giving up.  Everyone has their hands up.

            A Board member said Mr. Brewer can find out and if he tells you it is the HOA’s, then it is the HOA’s. 

            Mr. Volpe stated thank you very much.  I appreciate you allowing me to stand before this Board.

 

EIGHTH ORDER OF BUSINESS                     Supervisor’s Report

            There not being any, the next item followed.

 

NINTH ORDER OF BUSINESS                       Approval of Financials and Invoices

 

On MOTION by Mr. Brewer seconded by Mr. Weissman with all in favor the financials and check registers for July 2007 were approved.

 

TENTH ORDER OF BUSINESS                       Adjournment        

            There being no further business,

 

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

 

 

 

 

                                                                                                                                                     

Paul Brewer                                                                 David Rosenof

Secretary                                                                      President