MINUTES OF MEETING
CORAL SPRINGS IMPROVEMENT DISTRICT
††††††††††† The regular meeting of the Board of
Supervisors of the Coral Springs Improvement District was held
††††††††††† Present and constituting a quorum were:
††††††††††† Robert D. Fennell†††††††††††††††††††††††††††††††††††††† President
††††††††††† William Eissler††††††††††††††††††††††††††††††††††††††††††† Vice President
††††††††††† Glen Hanks††††††††††††††††††††††††††††††††††††††††††††††† Secretary
††††††††††† Also Present Were:
††††††††††† Gary L. Moyer†††††††††††††††††††††††††††††††††††††††††† Manager
††††††††††† Dennis Lyles†††††††††††††††††††††††††††††††††††††††††††††† Attorney
††††††††††† Donna Holiday†††††††††††††††††††††††††††††††††††††††††† Recording Secretary
††††††††††† John McKune†††††††††††††††††††††††††††††††††††††††††††† Gee & Jenson
††††††††††† Roger Moore†††††††††††††††††††††††††††††††††††††††††††† Engineer
††††††††††† Rich Hans†††††††††††††††††††††††††††††††††††††††††††††††††† District Staff
††††††††††† Bill Joyce††††††††††††††††††††††††††††††††††††††††††††††††††† District Staff
††††††††††† Rozann Abato††††††††††††††††††††††††††††††††††††††††††† Resident
††††††††††† Steve Weinberg††††††††††††††††††††††††††††††††††††††††† Attorney
††††††††††† Anthony Jones††††††††††††††††††††††††††††††††††††††††††† Morrison Builders
††††††††††† Michael Morrison†††††††††††††††††††††††††††††††††††††† Morrison Builders
††††††††††† Mr. Fennell called the meeting to order at and Mr. Moyer called the Roll
SECOND ORDER OF BUSINESS††††††††††††††††††† Approval of the Minutes of the July 21, 2003 Meeting
Moyer stated that each Board member had received a copy of the minutes of the
††††††††††† There not being any,
THIRD ORDER OF BUSINESS†††††††††††††††††††††† Acceptance of the Audit for Fiscal Year 2002
††††††††††† Mr. Moyer stated it appears that you have not received a copy of the audit other than the copies I just distributed.† We need to file our audit with the State prior to October 1, and we can defer this to the September meeting if you prefer to do that.† I will highlight the reports and if you are comfortable approving it based on the reports, we can have a discussion next month about the actual numbers contained in the audit.†
page 1, they indicate that in their opinion the general purpose financial
statements referred to above present fairly in all material respects the
financial position of the Coral Springs Improvement District as of
FOURTH ORDER OF BUSINESS††††††††††††††††††† Consideration of Request for the Construction of a Dock
Moyer stated Morrison Builders has requested permission to install docks on a
stated I live in Mariners Cove that juts out into
††††††††††† Mr. Moyer stated you are correct about not owning the lake.† That was never part of the C.S.I.D. system, although we were granted an easement for the purpose of storage of stormwater within that lake which is part of our South Florida Water Management District permit for retention and detention.†
††††††††††† Mr. Fennell asked is this District responsible for drainage out of that lake and keeping it at the proper level?
††††††††††† Mr. Moyer responded yes.
††††††††††† Ms. Abato stated I am struggling with the difference between my lot and those on the main lake.† There is one dock constructed on the canal with a city permit.†
††††††††††† Mr. Moyer stated there is a factual issue that needs to be resolved and that is our engineerís have concluded that in fact that is a canal of the District and that we do have jurisdiction over that and I assume that they have looked at the permit request and came to that conclusion.
††††††††††† Mr. McKune responded we donít own it but we have a drainage and maintenance easement over it.† I have a copy of the plat with me that shows that easement.
Morrison stated from the standpoint of a businessman and contractor relating to
††††††††††† Mr. Fennell asked how did you build them if you didnít go through us?
Morrison responded that is part of the reason I am here.† I donít understand the inconsistency.† Until the job for Ms. Abato
and her neighbor for the last five years we have pulled permits through the
††††††††††† Mr. Fennell stated you have brought up a bigger issue and that is there are 25 docks on that lake that have not been permitted by us and there is the possibility of obstructing the flow of drainage and damaging our pumps.† That is a serious issue.†
††††††††††† Mr. Morrison stated I am here to address the issue of the finger canal.
††††††††††† Mr. Fennell stated everyone in this District pay assessments to maintain the canals.† Our main goal is that we donít flood.
Weinberg stated essentially in 1988
††††††††††† Ms. Abato stated we understood that we could build a dock and get on the lake.
††††††††††† Mr. Weinberg stated the question is the construction of a dock unreasonably interfering with the intent of the easement.† Case law stands that, the person who holds the easement CSID, cannot unreasonably interfere with the use of the property to the extent that it interferes with the dominant tenant.† There were three things brought up, (1) the concept of liability.† I donít believe the District has liability because you donít own the property and to the extent that you think you do, Iím sure there could be discussions of a hold harmless agreement between you and the unit owner.† Secondly, as it impacts on wood and other debris floating into the pump station, I know that the Army Corps of Engineers allow docks on the intercoastal and all other navigable water ways.† There are ways to construct docks that minimize the risk to an acceptable level.†
††††††††††† Mr. Fennell stated you have to convince me that there is no significant danger at all to this.†
††††††††††† Mr. Weinberg stated my position here is as attorney for Lake Coral Springs Community Association and the Lake Coral Springs Community Association is not objecting to Ms. Abatoís dock.†
††††††††††† Mr. Fennell asked are they taking into account that they are responsible for the drainage of that lake?† Are they assuming that responsibility?
Weinberg responded no.† With all due
respect Iím not sure this Board has jurisdiction over that lake and this
issue.† You donít own the land.† This is unlike District property.† The only way you can stop this would be to
make a claim that the dock in and of itself interferes unreasonably with your
use of it as a drainage canal and for flowage.†
I would ask for an engineerís opinion on that.† I also understand that this particular
location is at a dead end canal so there are no flowage issues but more of a
storage issue.† I would like to see the
District have a formal opinion on it because that would help the homeowners in
the District.† With respect to the Lake
Coral Springs Association, they own the lake and they do not object to the
installation of a dock subject to proper construction.† A dock with three pilings is not going to
effect flowage.† It is conclusory to assume that a dock cannot be constructed in
accordance with the
††††††††††† Mr. Moyer asked who guarantees the maintenance?
††††††††††† Mr. Weinberg responded the homeowner.
††††††††††† Mr. Moyer asked what happens if the homeowners doesnít maintain it and five years from now there is a rotten deck.
††††††††††† Mr. Weinberg stated you would come back to the Lake Coral Springs Association.† It is their property and we would turn around and go back to the unit owner and they repair or remove the dock.†
††††††††††† Mr. Moyer stated now you are putting an additional responsibility on the Board to not only visually inspect but engineering inspect docks on a periodic basis to make sure they maintain their structural integrity, which is something we are not in the business of doing.
Weinberg stated the City of
††††††††††† Mr. Eissler stated before we get too far down the road with this.† From a legal standpoint, do we have jurisdiction over this?† If not, it is moot.† We are wasting their time.† If we have jurisdiction that is another story.
††††††††††† Mr. Lyles responded the question is going to require a little more work than I have done since I walked into the room today and was handed additional documents over and above what was in your back-up for the meeting.† It is my understanding that the Association is the fee owner of this lake bottom and that those documents exist and Mr. Weinberg does not make representations he cannot support with documentation based on my experience.† We have jurisdiction to the extent that we have been given as a District an easement for drainage and flowage purposes only.† We have that jurisdiction and the responsibility as a District.† This is why we were created and that is why we exist and we have to ensure the drainage and flowage is maintained so that it functions properly.† Where we are getting a little murky is in my experience, the nature of this easement and the wording of the document that created the easement versus other documents that we have had experience with that have more specificity with respect to what can and cannot be built.† Some of our easements specify that no structure of any kind whatsoever can be constructed within the easement.† This one does not appear to have that limitation.† I have to hear a little more from our engineer about this before I can be comfortable advising the Board where the line is but I am comfortable telling you that you do have some jurisdiction.† You may not have as much flexibility in this particular instance in exercising that jurisdiction as you do with respect to other easements that are crafted differently and worded differently and conveyed to the District by other property owners.†
††††††††††† Mr. Fennell asked can someone point out on the map, the drainage flow from that lake?
McKune pointed out the location of
††††††††††† Mr. Fennell stated I think we are back to the question of will this present a danger to those in the District.
††††††††††† Mr. Hanks asked what is the dock made of?
††††††††††† Mr. Morrison responded it is made out of pressure treated pine marine pilings and 2 X 8 pressure treated framing with 2 X 6 pressure treated decking.† Usually there is railing on the side.† In a general sense, the homeowners are trying to get from a steep bank onto a small level landing area where many homeowners are enjoying paddle boats.† The embankment doesnít allow for this because it is rocky and has weeds and minor obstructions that prevent that.† The Association has restricted the size and configuration of the docks.† Not only is the Coral Springs Building Department extremely thorough and tiresome with the way they inspect and regulate me, they require me to have a structural engineer to inspect the job, a threshold special inspector to see to it that the pilings are put in correctly.† We jackhammer into rock to get the pilings in.† We are embedded and anchored like docks I build on the intercoastal, just because of the strata of the lake bed in trying to get the dock anchored correctly so that it doesnít float.†
††††††††††† Mr. Hanks asked how far down do you go?
††††††††††† Mr. Morrison responded we are getting about 5í embedment typically.† The piling configuration is designed by a P.E., he tells me our spanning and bolting and so forth, stainless and galvanized hardware.† Speaking from our companyís standpoint, we are not talking about plywood, mom and pop structures that huckleberry finn is floating around the lake on.† These are well-built, well-engineered structures that are just enough to allow the homeowners access to the water.† Ms. Abatoís in particular is only 10í X 20í and on the leading side, we go from the embankment out to about 5í over the water with three small pilings and it is anchored on the landward side.†
††††††††††† Mr. Eissler asked are all the docks constructed like you just outlined?
††††††††††† Mr. Morrison responded yes, to the same degree and permitted.† The one that is most annoying is her neighbor who has a permit to construct one.
††††††††††† Mr. Moyer stated the City should be telling you to check with us.
††††††††††† Mr. Morrison stated we were told by the City of Coral Springs Building Department to go through the two Associations and WCI to get the permit.† There was never any attempt to circumvent your office.
††††††††††† Mr. Fennell stated we are concerned that our two pump stations operate properly and that they are not jammed up with debris.†
Weinberg stated threshold engineers in
††††††††††† Mr. Fennell stated my issue is keeping the system safe.† The next issue is risk, what is the risk that something like this is really going to happen.
††††††††††† Mr. Weinberg stated I think the issue here is one of jurisdiction and the unreasonable interference with the property owner.† Here, the property owner is the Lake Coral Springs Association and the abutting contiguous homeowners.† I think the easement obligates the property owner to not unreasonably interfere with your use of the easement for purposes of drainage and flowage.† I donít know the answer but I know the Association would like the District to accommodate this installation and the unit owners will pretty much do anything within reason to accommodate the District in constructing a safe dock.†
††††††††††† Mr. Moyer asked do you think the Association will indemnify the District?
††††††††††† Mr. Weinberg responded I would not recommend my client do that if I were asked that question.† I have a feeling that there would be far more debris in the lake from building material and lawn furniture and roof structures than would be from a dock in a catastrophic event.† I understand your concerns but I imagine the debris in the lake would be far greater from the homes surrounding the lake than that of the docks.† If that is the concern, then no one should build on the lake.†
††††††††††† Ms. Abato stated I agree that there are things in our backyards that will end up in the water way before the dock would.
††††††††††† Mr. Moyer stated we didnít permit that.† No one can say you permitted it, you are responsible for it.†
††††††††††† Mr. Fennell stated in five or ten years those docks will deteriorate.†
Mr. Weinberg stated I am asking the Board to go back and work with the engineer to find out what the risks really are and how we minimize those risks.†
††††††††††† Mr. Fennell stated I think we need to look at this again and see what the potential hazards are.† We havenít heard from our engineer yet.† We will review this.
††††††††††† Mr. Eissler stated we need a legal opinion as to jurisdiction.† If we were to grant a permit for this, what is our liability?† There are a lot of things that need to be determined before we come to an agreement on what we are going to do.† We need input from the engineer and attorney before we do anything.
Mr. Moyer stated we will look into this with the attorney and engineer and place this on the next agenda.
††††††††††† Mr. Hanks asked can we get a copy of the plans that your structural engineer reviewed?
††††††††††† Mr. Morrison responded I will provide that to you.
††††††††††† Mr. Weinberg stated if you will provide that to me, I will put together a legal presentation and forward the package to Mr. Lyles who can then distribute it to the Board members.
††††††††††† Mr. Lyles stated our next meeting is September 15 and I will not be available for that meeting.† I think the engineering review is the more significant portion of this issue.† I donít know if you want to deal with this at the September meeting that I may or may not be at or I can work with Mr. Weinberg and tell him that it is more likely going to be at the October meeting.†
††††††††††† Mr. Fennell stated if you can put it off to October it will be better because there are a lot of issues.
††††††††††† Mr. Lyles stated with your permission I will work with Mr. Weinberg directly and tell him that it will be on the October agenda and give him the issues we have.† We want to do a good job and not postpone it again.
††††††††††† There not being any, the next item followed.
††††††††††† B.†††† Engineer
†††††††††††††††††††† 1.††††† Monthly Water & Sewer Charts
†††††††††††††††††††† 2.††††† Update on Construction
††††††††††† Mr. Moyer stated we awarded last month the contract for the divers to go through the culverts and clean them and we awarded the contract to the low bidder who was substantially lower than everyone else.† We have had difficulties with that contractor and request the Board withdraw the award and go to the second low bidder which is Underwater Diving Services.
††††††††††† Mr. Fennell asked what are the difficulties.
††††††††††† Mr. Moore responded we started out in the North Springs Improvement District and the contract documents specifically say that a suction type device should be used rather than a pressure cleaning jet device.† They assured me that that was what was going to be used.† He brought that device to the job site but it was a combination of pressure and suction and he used pressure for the cleaning which we told him was not acceptable.† He said that was the way he bid it.† His references checked out and he has done a fairly good job of cleaning it, but it doesnít meet our requirements and we mutually agreed to terminate the other two contracts which is CSID and Sunshine.† I have a signed agreement that we mutually agreed to not work on the other contracts for non performance.
††††††††††† Mr. Eissler asked what is the difference in price?
††††††††††† Mr. Moore responded for CSID he bid $4,850 and the next low bidder was $7,000 and the third low bidder was $11,000.†
††††††††††† Mr. Lyles stated I think it would be more accurate to say that rather than being in breach of a contract that he didnít actually meet the bid specifications.† He submitted a price and we attempted to enter into a contract with him but he didnít have the right equipment that was called for in the bid specifications.† We actually have a low bidder not being able to perform and the second low bidder who is now able to perform and who had submitted a bid of $7,000 is still willing to enter into the contract so he is in effect the low bidder that meets the qualifications since Raider Environmental did not have the proper equipment.† We are in essence awarding it to the actual low bidder which is Underwater Diving Services.†
††††††††††† Meeting Dates for Fiscal Year 2004
††††††††††† Distribution of Water and Sewer Budget
††††††††††† Mr. Moyer stated under another Florida Statute we have to advertise our meeting schedule and what is in your booklet is the same schedule we currently have.
†††††††††††††††††††† There not being any, the next item followed.
SIXTH ORDER OF BUSINESS††††††††††††††††††††††† Supervisors Requests and Audience Comments
††††††††††† There not being any, the next item followed.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††† ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††
Glen Hanks††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††† Robert D. Fennell