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 October 5, 2006 at 6:00 p.m. at Parkland City Hall, 6600 North University Drive, Parkland, Florida.
Present and constituting a quorum were:
David Rosenof President
Margaret Bertolami Vice President
Paul Brewer Secretary
Donna Benckenstein Assistant Secretary
Also present were:
John Petty Manager
D.J. Doody Attorney
Warren Craven Engineer
Randy Frederick Field Superintendent
John McKune CH2M Hill
Michael Udine Parkland City Mayor
Mark Lauzier Parkland City Manager
FIRST ORDER OF BUSINESS Roll Call
Mr. Rosenof called the meeting to order and Mr. Petty called the roll.
SECOND ORDER OF BUSINESS Approval of the Minutes of the September 7, 2006 Meeting
Mr. Rosenof stated each Board member received a copy of the minutes of the September 7, 2006 meeting and requested any corrections, additions or deletions.
Mr. Rosenof stated on page seven, in the fourth paragraph a resident said, “Someone came and cut down our tree. I want to make sure we will discuss this.” I think I may have asked what the public was here for. It does not make sense the way it was written.
There were several places where the transcriber could not transcribe the tape due to multiple voices speaking simultaneously. I would like to keep this meeting in order so the minutes are transcribed accurately. I request everyone speak one at a time so all of our voices are heard.
THIRD ORDER OF BUSINESS Reconsideration of Management Services Contract
Mr. Rosenof stated this item was requested by Ms. Ribotsky. Unfortunately she has an illness in her family. In all fairness to her, I wish to table this item to a time when she can be here.
FOURTH ORDER OF BUSINESS Consideration of Engagement Letter with Grau & Associates to Perform Financial Audit for Fiscal Year Ending September 30, 2006
Mr. Petty stated this is a housekeeping item. We have a multiple year contract with an independent auditor to review the finances of the District as required by statute. We request the Board authorize staff through this letter of engagement, to honor the contract.
FIFTH ORDER OF BUSINESS Manager’s Report
A. Consideration of Resolution 2007-1 Designating Janice Moen Larned as Treasurer and John Petty as Assistant Secretary
Mr. Petty stated we request the Board table this item until the next meeting as we are anticipating management changes, which may necessitate us updating the names on this list.
B. Discussion of Procedure for Determining District Purview
Mr. Petty stated during our last meeting, the Board asked staff to consider scheduling a series of workshop meetings to discuss topics such as right-of-way, easements and other such items associated with drainage essential to our District. We are working on the matter but staff has been unable to put anything together for this meeting. We request the Board’s indulgence to table this item to the next meeting.
SIXTH ORDER OF BUSINESS Attorney’s Report
There not being any, the next item followed.
SEVENTH ORDER OF BUSINESS Engineer’s Report
Mr. Craven stated at the Board’s direction, I attended two meetings with the manager, consultant and contractor regarding the removal of trees.
Mr. Petty stated we are in consultation with various parties.
Mr. Rosenof stated I request a status report.
FIFTH ORDER OF BUSINESS Manager’s Report (Con’t)
Mr. Petty stated at our last meeting we discussed the current tree removal contract, which is to remove trees from the flowways within the District, which went down with Hurricane Wilma. We found our contractor exceeded those instructions and removed trees from the banks for various unknown reasons. The instructions by this Board were to have the contract held until we determine why these trees were removed. We asked District Counsel to send a letter to the contractor instructing him to hold the contract for 30 days. We spoke with the contractor about how this may have occurred, the context of the contract and whether or not he was able to come to any amicable solutions.
In Country Acres, there is a 1,000 foot long ditch. Next to the ditch is a berm where there were very large Australian Pine Trees, approximately 80 feet tall. Several had fallen into the water and were supposed to be removed under this contract. The contractor retrieved those trees with his barge but when he pulled the roots, he started loosening up trees further down the berm. As he tried to minimize the damage he caused, he broke more and more trees. He called his supervisor out and they ended up saw cutting the trees. He then moved to the next tree that had fallen and the same thing happened again. They started to get concerned about their liability. Where they failed in our minds is they did not contact the District and go through our engineers to discuss the problem. They immediately went to Mr. Ron Gold. They ended up talking with many people and received verbal approval to use a road adjacent to the canal. They proceeded to remove as many of those trees as they could. This is where the District entered into the action and made them stop.
Mr. Rosenof asked what was their liability factor?
Mr. Petty responded their industry has a high liability factor for disturbing trees of this nature. Once you are in there, if you are the individual who is doing the work and the tree comes down in the storm, you are going to find yourselves accountable. This has been their concern. We were wondering why they were taking trees down at no cost to the District or the residents. It turns out they were trying to get away from a future lawsuit. This is the explanation we received from the supervisor and the President of Stiles Landscaping.
In Winners Circle, they discovered they had to come across a public roadway of the city to get to the canal. They asked the city where the roadway stopped and were told the roadway goes all the way down the lake bank past Winners Circle.
Mr. Rosenof asked who told them?
Mr. Petty responded a city worker. I am not sure which one but I believe this was the city worker who was onsite monitoring the park conditions. They thought they had public access all the way down. They were working on the barge in the canal moving trees but found their equipment was not large enough to pick up the stumps. Instead of taking out the equipment and using new equipment, they have a small crane onsite. Since they thought they had public access, the contractor started to go down the public right-of-way. However, they did not receive permission from the City of Parkland nor the District to do so. They cleared quite a few Brazilian Peppers and Australian Pines. At each location where they went to the bank to pick up a stump they had marked, that is where they cleared. In some areas, this was extensive. When we learned about this, we went onsite and stopped the work. District Counsel delivered a letter in writing within 48 hours of the event.
There were discussions with the contractor, the City of Parkland, the City of Coral Springs and several residents. Those discussions were mainly between District staff and the contractor and later with the City of Parkland to address the issues. We spoke to the contractor about being accountable for actions under the contract requirements as well as the issues and concerns. The contractor offered to plant Areca Palms or similar plant material acceptable to the city and residents in Country Acres where approximately 400 feet of Australian Pines were removed. There is proper spacing to provide a vegetative buffer on the top of the berm. The contractor will also repair certain parts of the berm where the materials were removed and fill in the cut made to the berm. He will try to put it back into the same condition it was in before he arrived. The contractor offered an option to clear the remaining 600 feet of Australian Pines because he is concerned about future liability. These pines are approximately 80 feet tall and FP&L lines go through them. They appear to have a history of knocking power off to the community during some storms. This is not the District’s business but in our discussions with the residents, this is something we may wish to bring to their attention for consideration. If the contractor removes the remaining 600 feet without cost to the District or the residents, it is a significant contribution of funds. He feels to replace the berm would be more costly than what he has harmed. We are looking for outside sources to fund the replanting of the berm.
We received correspondence 10 minutes before this meeting stating there may be trees available through the Broward County Tree Trust Fund, which we would like to investigate. We are not asking this Board for a decision on the trees at this time, but are simply informing you what has taken place to date and looking for Board consensus to go to the next step, which is to take this before the residents. I will go through the city staff of Parkland or Coral Springs to get their comments and then come back to this body and ask for permission to proceed.
Mr. Rosenof asked do you have any memorandum or Letter of Understanding from them regarding what they will replace?
Mr. Petty responded yes. We have a Letter of Understanding, which we submitted to City of Parkland at last night’s meeting. There was discussion with the City Manager.
Mr. Rosenof asked should this Letter of Understanding be made part of the contract or will the payment and performance bond cover it?
Mr. Doody responded the Letter of Understanding needs to be formalized as an agreement from the contractor.
Mr. Rosenof asked can we change order the contract for zero dollars?
Mr. Doody responded yes.
Mr. Rosenof stated the payment and performance bond could become an umbrella for the additional work.
Mr. Doody stated correct. Pursuant to the terms of the contract, notice was provided to the contractor to suspend the work for a period of 30 days. The date for re-commencing the contract is October 9th. This date was purposely selected to allow the Board to meet on this date and make a determination. Prior to tonight’s meeting, I received direction to send another letter continuing the suspension with a date certain where they could recommence the work under the terms of the contractor or continue to perform as required under the contract.
Mr. Rosenof asked can you redo the stop order?
Mr. Doody responded yes, however, under the terms of the contract, they can resume work on October 9th.
Mr. Petty asked does Mr. Lauzier have anything to add on Country Acres?
Mr. Lauzier responded the following letter from County Commissioner, Ms. Ilene Lieberman was received at 5:08 P.M. today”:
Dear Mr. Petty,
I am the District County Commissioner for the residents of Country Acres and unfortunately am unable to attend your meeting tonight. I have been in touch with the residents of Country Acres regarding the Australian Pines which have been removed from their community. It is my understanding the Parkland City Commission has also discussed your proposal for completing the tree removal along their canal in County Acres as well as replanting the berm.
Due to the location being a district easement, I am requesting the district expeditiously remove all of the remaining Australian Pines/hazardous trees located on the district’s embankment/berm at the district’s expense. I’ve been advised that there is a disagreement between the City and the district on paying for the replanting of the berm after the removal of the remaining Australian Pines. I have discussed with Eric Myers, Broward County Director of Biological Resources, a reimbursable grant from the Broward County Tree Preservation Trust Fund as a source of funds to replant trees along the public right-of-way after completion of the tree removal. In order to proceed to secure this county funding, the district must submit a letter of request to Eric Myers containing a brief description of the proposed project, including plant materials and cost. You may reach Mr. Myers at (954) 519-1231. It is my understanding that the district’s contractor, Stiles Landscaping, will plant the materials.
I hope that this will resolve the matter on behalf of the Country Acres residents. If you have any questions or concerns, please feel free to contact me at your convenience.”
In closing, Ms. Lieberman believes and the city concurs with the residents that the trees are hazardous and there was a way to have Stiles Landscaping make corrections, although it is at the District’s expense. She is saying if any residents want to come down, it is a hazard and they will fall down and there needs to be re-stabilization of the embankment. There is an opportunity to avail itself to the funds for planting. Since Stiles Landscaping offered to provide the labor, this is probably a good opportunity for the District to get the county to agree to this. As far as the City Commission’s policy on Country Acres, since this is a District project and District property, the Parkland City Commission did not get involved nor do they want to get involved from a funding standpoint.
Mr. Rosenof asked what is the hazard with the trees?
Mr. Lauzier responded the hazard as described by Mr. Petty is as they try to remove some of the trees, there is the entanglement of the roots and destabilization of the trees. The Environmental Resources Director said those trees can come down in a mild wind. They are in close proximity of homes across the canal and structures such as screen enclosures, which could be taken out if they fall down. Those are the hazards.
Mr. Rosenof stated for the record, the Environmental Resources Director said Stiles Landscaping actually caused the hazard.
Mr. Lauzier stated he did not say that. He said this situation is hazardous and did not point to the party who caused the damage as he was not there. After the work was done he said, “Yes, the residents are right, it is hazardous”. I agree with him. He is not placing blame.
Mr. Rosenof stated understood. Mr. Petty, do you believe Stiles Landscaping caused the hazard or was the hazard there all along?
Mr. Petty responded I believe the hazard was there all along. Stiles Landscaping caused an unstable condition by removing 400 feet of Australian Pines.
Mr. Rosenof stated this is different from what Mr. Lauzier is saying. I thought you said by removing some of the trees we untangled some of the roots and loosened them up to a hazardous condition.
Mr. Petty stated Mr. Lauzier said the Australian Pines were a hazard before and after our actions. It is in the Drainage District and we had an opportunity to have the trees cleared at a relatively low cost or no cost. With a tree program, this may be a good time to address the concern.
Mr. Lauzier stated whether there was an existing hazard or Stiles Landscaping caused it, Stiles Landscaping said they would take the trees down at no cost.
Mr. Rosenof stated I understand but we are a Drainage District, not a tree service. If it is something we caused, we are more than willing to facilitate it being fixed. However, I do not want to set a precedence of us being a tree service. What about Winners Circle?
Mr. Petty responded in Winners Circle, the contractor crossed the public access to the public right-of-way. They thought it was part of the easement and cleared out large areas. We talked to them about this and what they should do in addressing this situation. They are willing and are anxious to do so. In this area on top of the bank the Pepper Trees were a vegetative buffer. Granted they may not be the most popular tree in the world but it provided the coverage between two communities. Stiles Landscaping offered to replant 20 Bald Cypress Trees approximately 20 feet tall, which is an extraordinary offer along with any and all materials necessary to fill in the gaps along the banks. We spoke with city staff and without a commitment from the city, we offered to cooperate with staff on any dedication of existing plant material.
At last night’s meeting with the City of Parkland, without commitment and after discussion, they gave us the indication they believe this was a good first step. After meeting with staff, I spoke with the City of Coral Springs and Parkland to address the residents’ issues. We feel the option before you should be considered by the Board, not as a commitment but as an indication to staff we should proceed to step two. Step two is to meet with both city staffs and the residents regarding this program. Once we obtain consensus from those groups, we will come back to the Board and ask for permission to proceed.
Along those lines, we have a small part of the contract we wish to address in order to complete the contract to remove plant material and trees from the flowway. We do not want to go anywhere on the land and will not be authorizing the contractor to use any equipment on the land. He will be instructed to remove his equipment from the right-of-way of Winners Circle, pick up any materials or trash he left behind, get on the barge and pull the trees out. He will then remain on standby until we can resolve these issues.
Mr. Rosenof asked do you have anything to add, Mr. Lauzier?
Mr. Lauzier responded no. Once the Board considers the option, Stiles Landscaping will remove debris and their equipment and do whatever cleanup needs to be done per your contract. It will not be land based work; but water based work. We will work with the residents to come up with a replanting plan, which we can memorialize through with the city and work with the residents on the next phase.
Mr. Rosenof asked who is the permitting agency? Is it the City Department? Are we allowed to replant?
Mr. Petty responded counsel asked us to formalize this because we will be planting trees into the city’s right-of-way. We should be doing this through an Interlocal Agreement.
Mr. Lauzier stated we do not know because when we look at our surveys, we concluded work done by the District was not on District property. When we replant, we have to determine where to replant and we need assistance on who is the owner and what parcels of land are in this area.
Mr. Rosenof stated whether it is in your easement or not, you are still the permitting agency.
Mr. Lauzier stated I guess we are the permitting agency because the area lies within the City of Parkland. However, with a city easement on city property, we have to go through some research. If it is in your easement, we are working together so it is not a problem.
Mr. Doody stated I do not know whether any of our easement is above water. As a Board, we had discussions about the right-of-way as the canal is built out. It has to be someone else’s property.
Mr. Lauzier stated this is just like us identifying the easement in Country Acres. There are many pieces of parcels. Coming through the east side and working our way west from Winners Circle, is more identifiable as you are going back 17 feet from the sidewalk edge. For the most part, there is a double buffer. This work probably was not on city land.
Mr. Petty stated I do not think this is going to be too big of an issue for us.
Mr. Lauzier stated it is an ownership issue.
Mr. Rosenof asked what is the difference whether it is on our easement or not?
Mr. Lauzier responded there is no difference, but I do not know whether this is your easement.
Mr. Rosenof asked are you worried about it being on private property?
Mr. Lauzier responded I do not know.
Mr. Petty stated there are not going to be hundreds of parcels. This is well within the ability of our contract, whether the area is within a public easement or not. They will get the property owners permission before we do any replanting. I do not think there is going to be any problem. We can put the onus on the contractor and hold him to his actions.
Mr. Lauzier stated it may be a good idea to get someone out there to survey where everything is. At least in general, if there are public lands out there, then there is no issue. The Environmental Resource Director looked at the parcel amounts. Where our land ended seemed to be extremely vegetated.
Mr. Udine stated I am the Mayor of Parkland. Mr. Petty provided us with some information on this matter before our City Commission meeting last night and we had a brief discussion about the issues in Country Acres and Winners Circle. The feeling of the City Commission at the time was and remains, there are some procedural and staff related issues such as where our easements end and begin but at the end of the day, the residents of Country Acres and Winners Circle have a nice buffer. The city had problems in the past there and we are going to correct the city’s problem. Then Pine Tree WCD came through and had problems with their contractor. We want you to correct Pine Tree’s problem. We want to see you make the residents of this area feel at home. This is the first step so they can get their equipment out of there, start this process and then we will work with the community to see if additional steps need to be taken. The city is going to be looking at this from the city’s point of view because the city is committed to the residents doing additional planting on city property. We want to work with you but need to get started immediately so the residents can be corrected. We need to make sure the residents have the protection they did when they moved into their homes.
Mr. Rosenof stated we took this project on because we were concerned about the number of trees in the canal after Hurricane Wilma. Our main concern was getting this cleaned up to facilitate the drainage of our District.
Mr. Petty stated we are looking for approval from the Board so we can move to our next step, which is to continue working under the city’s direction so we can firm up this action plan and bring it back to you as quickly as possible.
Mr. Rosenof asked are there any supervisor comments?
Mr. Bertolami responded yes. We should work with the city and residents on having the contractor correct the damage.
Mr. Rosenof asked are there any resident comments?
A resident responded yes. I live in Country Place. My property borders part of the canal. Once these Australian Pines are removed and the berm is left with interconnecting stumps, what prevents them from re-growing and over taking the Areca Palms? The berm has to go and the ground should be re-sculpted to attune to our drainage needs. There is a solid knot of interconnected Australian Pine stumps through the berm.
Mr. Rosenof responded we will maintain the berm once it is replanted.
Mr. Petty stated the berm is supported entirely by root mass and compost materials. If we cleared the area, as recommended by both the contractor and our engineering staff, they recommend the stumps be cut off at the ground so they do not grow back. This is currently in our contract specs. Areca Palms will be planted in places where they can grow and the back of the berm will be reshaped. If any places are too steep, they will put plant material in. The contractor will be responsible for watering the area for a period of time until the trees can be established. After this period of time, the Areca Palms will be a maintenance item.
The resident stated it is in our easement.
Mr. Rosenof stated it is our property.
Mr. Petty stated the question as to whether we can remove the berm, we will try in any way we can to consider it. We can reshape it to some degree and fill in the gap where the equipment went through. We can cut the trees down and plant Areca Palms. The maintenance requirements are fairly low. We heard from the City of Parkland and City of Coral Springs but not from the residents.
A resident stated there must be something outlined in the Broward County records regarding which areas we are allowed to use. This dates back to a division of when the park was a 10 acre park and is now a six acre park, which is dedicated to the City of Parkland. There was mismanagement and lack of supervision by the District or the contractor you hired because no one was supervising them. I have lived there for 10 years and no one ever went out there to clean up except in 2003 when the city received a grant for the trail. Then there was construction. We deliberated about who owns the property. A 12’ or 18’ road was bulldozed and a crane was used to remove the trees and the stumps. Now we have no Australian Pine Trees above the bank for a minimum of 12’ to 18’ along the trail towards Winners Circle. This occurred from the moment the Coral Springs Police removed the workers and sent them over to Winners Circle. If this was in the awareness of environmental removal it was a disaster. No one was overseeing it. This was a breach of contract between Stiles Landscaping and their two subcontractors. Who was managing the job? Did the subcontractors or Pine Tree obtain any permits from the city to go over city land? If residents have to do any work, they have to obtain a permit to destroy all natural vegetation, whether evasive or non-evasive. According to the city, there has to be a three layer buffer on any plantings done between a residential property and multi-use housing property. There is nothing there. I have been out there and have pictures. I spoke to the men the day they were working. They used chain saws.
According to Mr. Petty, there was no requirement for anyone to remove any trees because what was hanging over the canal in the canal was not done. I contacted the city on Tuesday of that week and sent emails on Wednesday. I received an email from the City Manager and he said it is not their property. Is there a time limit for your discussion about replanting and what can be replanted or is this an open ended issue? Is the city going to do the replanting or the District? I think it is important for you to find out. Between Cypress Creek from one end of the park to the other to the covered bridge, there are piles of debris. Trucks are parked there and people are fishing. There are pit bulls and dogs without leashes. It has become a water park. I do not know if that was the generalization of what was supposed to happen. The city had an agenda of removing anything evasive. The trees are not evasive. I submitted to the city on February 8th a petition signed by the residents of Country Place requesting they be told when anything was going to happen. If you need a copy of the petition, I can provide a copy to you. Your contractors and subcontractors made a huge mistake.
Mr. Rosenof stated you can look through all of our minutes but all they wanted to do was to clear the canals.
The resident asked are those minutes for the public to review?
Mr. Rosenof responded absolutely.
The resident asked are the permits available for review?
Mr. Petty responded our records are available to the public for review. If you call my office, we can provide you copies.
The resident asked can you find out if a permit was issued?
Mr. Rosenof responded the work was completed without a permit.
Mr. Petty stated the contractor was authorized to remove downed trees, which does not require a permit. The contractor will be held accountable for going after a healthy tree on our bank and public right-of-way.
Mr. Paul Burrell stated I live in Country Acres and would like to thank the Board for their efforts. Sometimes you get criticism for doing the right thing. Is there any opposition to removing the stumps on the Country Acres berm as opposed to cutting them?
Mr. Petty responded we discussed this with District and city staff and no one had any concerns. We have not heard from the residents yet.
Mr. Burnell asked is the contractor opposed to removing them?
Mr. Petty responded our engineers looked at it and it is one huge tree root per 1,000 feet. The only materials in there with any structural integrity are the tree roots and the root ball. Removing the stumps will destabilize the berm. As the Drainage District, we do not remove them. We think we can plant the trees amongst the root balls to stand up over time.
Mr. Burnell stated there is a concern because over time it will deteriorate. Will it compromise the berm and cause sinkholes?
Mr. Petty responded we do not think there will be any sinkholes. This is a spoilage berm and compost area, not a landscape berm. If the District plants Areca Palms, we will do the standard drainage maintenance.
Mr. Rosenof asked how are these discussions going to be held? Is there going to be a public workshop with the residents?
Mr. Petty responded we hope to have a Town Hall meeting with the City of Parkland and the City of Coral Springs.
Mr. Rosenof asked how will the residents be able to know when meetings will be held and decisions are made?
Mr. Petty responded we will take suggestions from the City of Parkland and City of Coral Springs.
Mr. Rosenof stated I do not know if we want to create a mailing list of put something on the website.
Mr. Lauzier stated the City of Parkland is willing to do a mailing at the direction of the Board.
Mr. Rosenof stated please put something on your website.
Mr. Lauzier stated we can put something on the website and send emails.
Mr. Petty stated both the City of Parkland and City of Coral Springs have excellent communication logs.
Mr. Rosenof stated I request we utilize those means.
Mr. Burnell stated I assume it will be scheduled quickly so you can stabilize the lake bank quickly.
Mr. Petty stated we will take comments from the public and address any concerns. This meeting will be more of a town hall type meeting. Workshops tend to be more for the Board and the public cannot participate. We want participation from the public.
Mr. Burnell stated whatever choice you make, if this is an opportunity to stabilize the area without deterioration of the material in the ground, I would like to see this happen.
Mr. Michael Rottenberg stated I live in Country Place. It is disenchanting to see what is taking place. I have lived here for five years and this issue has been discussed for five years. We certainly will not be using this as a learning process. There has been no communication. I personally have been attending the meetings for the last 15 months talking with Parkland residents and the Board. I specifically sat here and said, “If they pull anything out, they are going to undermine the earth”. There was concern about the Australian Pines and Brazilian Peppers. This is a landmark piece of property flowing from Holmberg Road to Hillsboro. There is water on one side and homes on the other. It is of no threat to any other piece of property and serves a purpose. It is a preserve where an otter, turtle and birds live. We still have an environmental concern.
The most important thing we can learn about this is there is no communication between the Board and the City of Parkland. I live across the street from the property and right now I am looking at a parking lot, lights and buildings. We talked about this specific issue for the last three years. I certainly hope you do what you say by having someone watching over the contractor. I do not have confidence in the Board. There are families with young children living there. I have a two and a half year old and a six month old. This property is not the same as it was five years ago or two years ago. The City of Parkland was glad this occurred. They said it was not their property. If someone came on my property to do work, I would see what is going on. No one went out there. Now we have an unsafe situation as you have kids playing there and people fishing. I certainly hope you go in there and make it the way it the way it was. However, you cannot do that because the trees are gone. You certainly are not going to plant any Brazilian Peppers or Australian Pines. It was the best thing to do there and were of no harm to anyone. Thank you for your time. I hope you carry through with your intention. So many supervisors say, “Look what we did. We did a good job”. You better not do this because there has been no communication, which disgusted me.
Mr. Rosenof asked do you need a recommendation from us?
Mr. Petty responded I need a recommendation from this body to proceed with step two, which is to start talking to the public and the cities. We will also ask the Board to consider the matter of lifting the stop work order so we can finish the job of removing material only from the water.
Mr. Rosenof asked if we authorize you to proceed, will it include the removal of the Australian Pines?
Mr. Petty responded no. The contractor will only be removing some materials in the flowway near Winners Circle, remove the equipment from the Winners Circle area on top of the lake bank and remove the trench piles.
Mr. Rosenof asked along with this recommendation can we establish a timeline for milestones in this process, i.e. the Memorandum of Understanding becoming a draft and approved and having a town hall meeting with the residents regarding the permitting and construction process.
Mr. Petty stated in order for staff to get this job completed as quickly as possible, we will work with the City of Parkland and City of Coral Springs to find an amenable date to have a town hall meeting with the residents.
Mr. Rosenof asked do we need 30 to 60 days to schedule the meeting?
Mr. Petty responded I am hoping this is a two to three week scheduling process.
Mr. Rosenof asked will we have a response from the residents by the next meeting?
Mr. Petty responded yes.
Ms. Bertolami asked who will be responsible for supervising the work once the stop order is lifted?
Mr. Petty responded the oversight for the contract will be the same. The District Engineer who will commit more people to the task, will oversee the contract. When we talk about supervision, it calls for the contractor to have total responsibility for his actions. If the District staff starts supervising this work, we take on the liability.
Mr. Rosenof stated as a real estate developer and contractor, I disagree. There is liability but you being out there once a day to check on them does not relieve their liability.
Mr. Petty stated I agree. The minute by minute, job by job supervision is what we were trying to get away from. If they go back onsite, we will have an inspector from the engineering firm, CH2M-Hill spend 100% of their time with the contractor onsite.
Mr. Rosenof asked can we count on daily inspections at a minimum?
Mr. McKune responded no problem.
Mr. Rosenof asked Mr. Doody, do you have any comments?
Mr. Doody responded no. I think this is sufficient. You can direct the engineer to resume the tree removal contract pursuant to the terms of the contract as of October 9, 2006.
EIGHTH ORDER OF BUSINESS Supervisor’s Requests
Mr. Rosenof stated I would like to recognize Mr. Bill Keith from Keith & Associates who passed away this week. He was a great friend to the city and a leader in the Civil Engineering industry.
NINTH ORDER OF BUSINESS Audience Comments
There not being any, the next item followed.
TENTH ORDER OF BUSINESS Approval of Financials and Invoices
There being no questions or comments,
TENTH ORDER OF BUSINESS Adjournment
There being no further business,
Paul Brewer David Rosenof
Notes from 10/5 meeting
1. Reconsideration of Management Services Contract
2. Consideration of Resolution 2007-1 Designating Janice Larned as Treasurer
3. Discussion of Procedure for Determining District Purview