REGULAR MEETING AGENDA. April 11, 2018

Transcription

1 REGULAR MEETING AGENDA April 11, 2018

2 April 4, 2018 Board of Supervisors Sunshine Water Control District Dear Board Members: ATTENDEES: Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes. A Regular Meeting of the Sunshine Water Control District s Board of Supervisors will be held on Wednesday, April 11, 2018, at 6:30 p.m., at Sartory Hall, located in Mullins Park, NW 29 St. (Ben Geiger Drive), Coral Springs, Florida The agenda is as follows: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Comments [3-Minute Time Limit] (Comments should be made from the microphone to ensure recording. Please state your name prior to speaking.) 5. Administration of Oath of Office to Newly Elected Supervisors 6. Ratification of All Actions Taken at March 14, 2018 Regular Board of Supervisors Meeting 7. Update: West Outfall Canal (WOFC) Project 8. Continued Discussion: Hurricane Irma Debris Removal 9. Approval of Unaudited Financial Statements as of February 28, Approval of Minutes A. March 14, 2018 Landowners Meeting B. March 14, 2018 Regular Meeting 11. Supervisors Communications 12. Staff Reports A. District Counsel: Lewis, Longman & Walker, P.A. B. District Engineer: Craig A. Smith & Associates i. Monthly Engineer s Report Fence Permit for Berger Family Investments Coral Hills, LLC, 4251 Coral Hills Drive

3 Board of Supervisors Sunshine Water Control District April 11, 2018, Regular Meeting Agenda Page 2 C. District Engineering Consultant: John McKune D. District Field Supervisor: Cory Selchan E. District Manager: Wrathell, Hunt & Associates, LLC i. FASD Meeting: June 11 15, 2018 ii. NEXT MEETING DATE: May 9, 2018 at 6:30 P.M. 13. Adjournment Should you have any questions, please contact me directly at (561) Sincerely, Cindy Cerbone District Manager FOR BOARD MEMBERS AND STAFF TO ATTEND BY TELEPHONE Call-in number: Conference ID: Glades Road, Suite 410W Boca Raton, Florida

4 SUNSHINE WATER CONTROL DISTRICT 9

5 SUNSHINE WATER CONTROL DISTRICT FINANCIAL STATEMENTS UNAUDITED FEBRUARY 28, 2018

6 SUNSHINE WATER CONTROL DISTRICT BALANCE SHEET GOVERNMENTAL FUNDS FEBRUARY 28, 2018 General Fund Debt Service Fund Capital Projects Fund Total Governmental Funds ASSETS Stonegate Bank* $ 2,278,743 $ - $ - $ 2,278,743 Stonegate Bank - escrow* 80, ,544 Investments State Board of Administration A Investment account 4, ,856 A Bank maintenance reserve account 2, ,543 A Renewal & replacement reserve account 1, ,893 A Equipment replacement reserve account Centennial Bank - MMA * 255, ,817 FineMark Bank - MMA 249, ,048 FineMark Bank - ICS 7,109, ,109,590 Iberia Bank - MMA 5, ,524 Debt service - Wells Fargo - 912, ,377 Reserve - Wells Fargo - 441, ,021 Construction - Wells Fargo , ,937 Due from general fund - 32,704-32,704 Due from capital project fund 3, ,727 Total assets $ 9,992,484 $ 1,386,102 $ 207,937 $ 11,586,523 LIABILITIES Liabilities: Accounts payable $ 2,500 $ - $ - $ 2,500 Due to general fund - - 3,727 3,727 Due to debt service 32, ,704 Deposits payable/trash bonds 97, ,000 Cost recovery deposits 14, ,968 Total liabilities 147,172-3, ,899 FUND BALANCES Assigned: 3 months working capital 575, ,077 Disaster recovery 2,000, ,000,000 Truck replacement 54, ,000 Unassigned 7,216,235 1,386, ,210 8,806,547 Total fund balances 9,845,312 1,386, ,210 11,435,624 Total liabilities and fund balances $ 9,992,484 $ 1,386,102 $ 207,937 $ 11,586,523 *Not reconciled as statement not received prior to agenda preparation date. 1

7 SUNSHINE WATER CONTROL DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND FOR THE PERIOD ENDED FEBRUARY 28, 2018 Current Month Year to Date % of Budget Budget REVENUES Assessments $ 106,786 $ 2,532,622 $ 2,933,459 86% Interest and miscellaneous 839 4,645 9,000 52% Permit review fees ,150 22% Cost recovery ,500 0% Total revenues 107,625 2,537,967 2,963,109 86% EXPENDITURES Administrative Supervisors ,800 33% Supervisors reimbursement ,500 0% Management/accounting/recording 4,866 24,328 58,386 42% DSF & CPF accounting 1,137 5,683 13,639 42% Dissemination fee ,000 42% Arbitrage rebate calculation % Trustee - - 3,000 0% Audit 3,000 3,000 10,700 28% Legal - 25,817 85,000 30% Legal-litigation 7,212 32, ,000 33% Human resource services 560 2,797 6,712 42% Communication 3,607 11,503 20,000 58% Dues/subscriptions - 4,175 3, % Rent - operations facility 3,498 17,493 41,981 42% Insurance - 21,939 23,000 95% Legal advertising ,500 31% Office supplies and expenses ,500 39% Postage (563) 459 1,200 38% Postage-ROW clearing 1,165 1,165 2,500 47% Printing and binding ,400 42% Website ,000 13% Contingencies ,175 10% Total administrative expenses 24, , ,243 40% Field operations Salaries and wages 25, , ,328 34% FICA taxes 1,920 10,697 31,314 34% Special pay - 1,299 1,500 87% Bonus program - - 1,000 0% 401a retirement plan 2,518 13,893 40,933 34% Health insurance 14,268 69, ,881 36% Workers' compensation insurance - 15,063 21,000 72% Engineering - 28, ,000 11% 2

8 SUNSHINE WATER CONTROL DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND FOR THE PERIOD ENDED FEBRUARY 28, 2018 Current Month Year to Date Budget % of Budget Consulting engineer services ,000 0% Cost recovery ,500 5% Water quality testing - 1,180 5,224 23% Telephone ,800 41% Electric ,618 85,000 34% Insurance - 36,489 38,000 96% Repairs and maintenance Canal banks ,000 0% Canal dredging ,000 0% Culvert inspection & cleaning ,000 0% Dumpster service 286 2,194 13,000 17% Truck & tractor ,000 9% Other ,000 4% Operating supplies Chemicals - 5,625 90,000 6% Fuel 603 2,654 20,000 13% Fuel-pump station generator ,000 0% Triploid carp ,755 0% Uniforms ,217 23% Other ,000 23% Permit fees, licenses, schools ,000 6% Capital outlay 31,917 67,585 1,600,000 4% Field equipment ,000 0% Pump station telemetry ,200 75% Contingencies ,000 8% Total field operations 80, ,779 3,198,652 13% Other fees and charges Tax collector 1,068 25,319 30,557 83% Property appraiser 1,068 25,319 30,557 83% Property tax bills - fire & EMS assessment % Total other fees & charges 2,136 50,666 61,214 83% Total expenditures 107, ,257 3,650,109 17% Net increase/(decrease) of fund balance (181) 1,903,710 (687,000) Fund balance - beginning 9,845,493 7,941,602 7,182,182 Fund balance - ending Assigned: 3 months working capital 575, , ,077 Disaster recovery 2,000,000 2,000,000 2,000,000 Truck replacement 54,000 54,000 54,000 Unassigned 7,216,235 7,216,235 2,528,655 Total Fund balance - ending $ 9,845,312 $ 9,845,312 $ 5,157,732 3

9 SUNSHINE WATER CONTROL DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE FUND SERIES 2011 FOR THE PERIOD ENDED FEBRUARY 28, 2018 Current Month Year To Date Budget % of Budget REVENUES Assessments $ 33,371 $ 791,465 $ 916,037 86% Interest 910 2,514 - N/A Total revenues 34, , ,037 87% EXPENDITURES Debt service Principal ,000 0% Interest - 307, ,656 50% Total debt service - 307, ,656 35% Other fees and charges Tax collector 333 7,912 9,542 83% Property appraiser 333 7,912 9,542 83% Total other fees and charges ,824 19,084 83% Total expenditures , ,740 36% Excess/(deficiency) of revenues over/(under) expenditures 33, ,827 22,297 Fund balances - beginning 1,352, , ,776 Fund balances - ending $ 1,386,102 $ 1,386,102 $ 871,073 4

10 SUNSHINE WATER CONTROL DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES CAPITAL PROJECTS FUND SERIES 2011 FOR THE PERIOD ENDED FEBRUARY 28, 2018 Current Month Year To Date REVENUES Interest $ 148 $ 587 Total revenues EXPENDITURES - - Total expenditures - - Excess/(deficiency) of revenues over/(under) expenditures Fund balances - beginning 204, ,623 Fund balances - ending $ 204,210 $ 204,210 5

11 SUNSHINE Water Control District Special Assessment Revenue Improvement Bonds, Series 2011 $12,880,000 Debt Service Schedule Date Principal Coupon Interest Total P+I 11/01/ , , /01/ , % 317, , /01/ , , /01/ , % 314, , /01/ , , /01/ , % 311, , /01/ , , /01/ , % 307, , /01/ , , /01/ , % 302, , /01/ , , /01/ , % 297, , /01/ , , /01/ , % 291, , /01/ , , /01/ , % 285, , /01/ , , /01/ , % 279, , /01/ , , /01/ , % 271, , /01/ , , /01/ , % 263, , /01/ , , /01/ , % 255, , /01/ , , /01/ , % 245, , /01/ , , /01/ , % 235, , /01/ , , /01/ , % 224, , /01/ , , /01/ , % 213, , /01/ , , /01/ , % 201, , /01/ , , /01/ , % 187, , /01/ , ,

12 SUNSHINE Water Control District Special Assessment Revenue Improvement Bonds, Series 2011 $12,880,000 Debt Service Schedule Date Principal Coupon Interest Total P+I 05/01/ , % 173, , /01/ , , /01/ , % 158, , /01/ , , /01/ , % 142, , /01/ , , /01/ , % 124, , /01/ , , /01/ , % 106, , /01/ , , /01/ , % 87, , /01/ , , /01/ , % 67, , /01/ , , /01/ , % 46, , /01/ , , /01/ , % 23, , Total $ 12,195, $ 11,477, $ 23,672,

13 SUNSHINE WATER CONTROL DISTRICT 10A

14 MINUTES OF MEETING SUNSHINE WATER CONTROL DISTRICT A Meeting of the Landowners of the Sunshine Water Control District was held on Wednesday, March 14, 2018, at 6:30 p.m., at Sartory Hall, located in Mullins Park, NW 29 St. (Ben Geiger Drive), Coral Springs, Florida Present at the meeting were: Joe Morera Landowner Jim Maguire Landowner Daniel Prudhomme Landowner Al Malefatto District Counsel Orlando Rubio District Engineer Cindy Cerbone Wrathell, Hunt & Associates, LLC Michal Szymonowicz Wrathell, Hunt & Associates, LLC Chris Kadowaki Wrathell, Hunt & Associates, LLC Bernie Moyle Landowner Representative FIRST ORDER OF BUSINESS Call to Order Ms. Cerbone called the Landowners Meeting to order at 6:46 p.m. SECOND ORDER OF BUSINESS Affidavit of Publication Ms. Cerbone presented the affidavit of publication for today s Landowners Meeting. THIRD ORDER OF BUSINESS Election of Chair and Secretary for the Purpose of Conducting the Landowners Meeting Ms. Cerbone offered to serve as Chair and Secretary. There were no objections. FOURTH ORDER OF BUSINESS Determination of a Quorum Present Ms. Cerbone stated that landowners were present; therefore, a quorum was established. District Engineer s Annual Report to Landowners [Florida Statutes ] ***This item, previously the Sixth Order of Business, was presented out of order.*** Mr. Rubio presented the District Engineer s Annual Report to Landowners. He highlighted the following projects:

15 SUNSHINE WATER CONTROL DISTRICT March 14, Addressing ongoing issues at Pump Stations #1 and #2 Repair costs were currently unknown but would be known, once the litigation issue is resolved. At that time, these repairs would be prioritized. West Outfall Canal Improvements Project Phase 1 Bids were solicited for both Phase 1 and Phase 2; one bid was received and would be presented at the Board meeting immediately following the Landowners meeting. Processing permit applications for numerous projects Primarily, Letters of No Objection were issued based on the type of work submitted. Mr. Rubio stated that District staff worked diligently to accomplish much and resolve issues. FIFTH ORDER OF BUSINESS Election of Supervisors Ms. Cerbone stated unlike other years, two seats were up for election. Mr. Morera s seat was up for election based on the three-year term cycle. Mr. Tornincasa was recently appointed to a vacated seat and, per Statute, the individual appointed to the seat does not hold that seat for the remainder of the unexpired term; rather, that seat comes up for election at the next regularly scheduled election. Ms. Cerbone stated that three Board Members were eligible to cast their personal vote and any votes proxied to them. In addition to the three Board Members, Mr. Bernie Moyle represented proxy votes, on behalf of the Country Club, in addition to his personal vote. Staff from Management s office was also in attendance to verify the proxies to ensure that the address and names correspond to assessment rolls and that the owners paid their 2016 taxes; if their taxes were not paid, that property owner cannot vote or proxy their vote. ***The meeting recessed at 6:54 p.m.*** ***The meeting reconvened at 7:30 p.m.*** A. Nominations i. Seat currently held by Mr. Morera (three-year term) ii. Seat currently held by Mr. Tornincasa (two-year term) Ms. Cerbone stated that, since ballots and proxies were already received, formal nominations were not taken and asked if there were any issues with that. Mr. Malefatto replied no, since there were no other nominations; however, Ms. Cerbone could ask for nominations from the floor. 2

16 SUNSHINE WATER CONTROL DISTRICT March 14, No other nominations were made. B. Casting of Ballots (in order of nominations) i. Determine Number of Voting Units Represented ii. Determine Number of Voting Units Assigned by Proxy Ms. Cerbone stated that ballots were received and some proxies were provided in advance and some were received at the meeting. C. Ballot Tabulation and Results Ms. Cerbone stated that, based on the valid proxies and votes, Mr. Morera received 292 votes and Mr. Tornincasa received 164 votes. SIXTH ORDER OF BUSINESS District Engineer s Annual Report to Landowners [Florida Statutes ] This item was presented following the Fourth Order of Business. SEVENTH ORDER OF BUSINESS Landowners Questions/Comments There being no Landowners questions or comments, the next item followed. EIGHTH ORDER OF BUSINESS Adjournment There being no further business to discuss, the meeting adjourned at 7:32 p.m. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 3

17 SUNSHINE WATER CONTROL DISTRICT March 14, Secretary/Assistant Secretary Chair/Vice Chair 4

18 SUNSHINE WATER CONTROL DISTRICT 10B

19 MINUTES OF MEETING SUNSHINE WATER CONTROL DISTRICT A Regular Meeting of the Sunshine Water Control District s Board of Supervisors was held on Wednesday, March 14, 2018, immediately following the Landowners Meeting at 6:30 p.m., at Sartory Hall, located in Mullins Park, NW 29 St. (Ben Geiger Drive), Coral Springs, Florida Present at the meeting were: Joe Morera President Daniel Prudhomme Vice President John Tornincasa Secretary Also present were: Cindy Cerbone District Manager Al Malefatto District Counsel Orlando Rubio District Engineer Jim Maguire Craig A. Smith & Associates, Inc. Cory Selchan Field Superintendent John McKune McKune & Associates Kevin Bolling Need Trees Trimmed Inds. Lee Wordsman Rostan Solutions FIRST ORDER OF BUSINESS Call to Order Mr. Morera called the meeting to order at 7:33 p.m. SECOND ORDER OF BUSINESS Roll Call Ms. Cerbone called the roll. All Supervisors were present, in person. THIRD ORDER OF BUSINESS Pledge of Allegiance All present recited the Pledge of Allegiance.

20 SUNSHINE WATER CONTROL DISTRICT March 14, FOURTH ORDER OF BUSINESS Public Comments [3-Minute Time Limit] (Comments should be made from the microphone to ensure recording. Please state your name prior to speaking.) There being no public comments, the next item followed. FIFTH ORDER OF BUSINESS Consideration of Resolution , Canvassing and Certifying the Results of the Landowners Election Ms. Cerbone presented Resolution At the Landowners Meeting, Mr. Morera received 292 votes and would serve a three-year term and Mr. Tornincasa received 164 votes and would serve a two-year term. On MOTION by Mr. Prudhomme and seconded by Mr. Morera, with all in favor, Resolution , Canvassing and Certifying the Results of the Landowners Election, was adopted. SIXTH ORDER OF BUSINESS Consideration of Resolution , Electing Officers of the District Ms. Cerbone presented Resolution Mr. Tornincasa nominated the existing slate of officers as follows: President Joe Morera Vice President Daniel Prudhomme Secretary John Tornincasa Treasurer Craig Wrathell Assistant Treasurer Jeff Pinder Assistant Secretary Craig Wrathell Assistant Secretary Cindy C. Cerbone On MOTION by Mr. Prudhomme and seconded by Mr. Morera, with all in favor, Resolution , Electing Officers of the District, as nominated, was adopted. 2

21 SUNSHINE WATER CONTROL DISTRICT March 14, SEVENTH ORDER OF BUSINESS Update: West Outfall Canal (WOFC) Project This item was discussed following the Eighth Order of Business. EIGHTH ORDER OF BUSINESS Consideration of Response to Invitation to Bid West Outfall Canal Encroachments Removal Phase 1A/2A A. Affidavit of Publication The proof of publication was provided for informational purposes. B. Bid Recommendation Mr. Rubio stated that three potential bidders attended the mandatory pre-bid meeting but only Need Trees Trimmed Inds. (NTTI) submitted a bid. Based on a review of the bid package, the District Engineer recommended awarding the contract to NTTI, as the sole respondent and lowest and most responsive-responsible bidder, with a base bid of $87,500. C. Authorization to Engage Sole Respondent, Need Trees Trimmed Inds. (NTTI) Mr. Rubio stated, if approved tonight, the contract could be executed. A pre-construction meeting would be held March 21. He anticipated issuing the Notice to Proceed on or before April 2, subject to being comfortable with NTTI s methods of accessing the right-of-way (ROW) and that there would be no Maintenance of Traffic (MOT) issues. Mr. Tornincasa asked if responses were received from all of the homeowners. Ms. Cerbone stated that, of the 57 homeowners the following responses were received: 1 selected Option 1 and submitted the Agreement 8 selected Option 2 and submitted the Agreement. 14 others that selected Option 2 did not submit the Agreement 10 defaulted to Option 2 by failing to respond 22 selected Option 3 and submitted the Agreement Ms. Cerbone stated that, overall, 31 signed Agreements were received, out of 57. Two more were pending. Mr. Kevin Bolling, of NTTI, discussed his plan for the project, which included completing the work with the least amount of impact. Mr. Morera asked if Mr. Bolling was aware of the requirement for his employees to be e-verified. Mr. Bolling replied affirmatively. 3

22 SUNSHINE WATER CONTROL DISTRICT March 14, In lieu of a performance or payment bond, NTTI would provide a cashier s check for the full amount of the bid amount, which would be returned to NTTI upon completion and inspection of the work. Discussion ensued regarding the payment process. On MOTION by Mr. Tornincasa and seconded by Mr. Prudhomme, with all in favor, engaging Need Trees Trimmed Inds., in a not-to-exceed amount of $87,500, was approved. Update: West Outfall Canal (WOFC) Project ***This item, previously the Seventh Order of Business, was presented out of order.*** Ms. Cerbone recalled that exception recommendations were presented at the last meeting. Two exceptions related to fences were approved and the exception request that was not approved was related to vegetation that was not on the District s approved vegetation list. At the January meeting, six or seven individuals along 104 th Terrace had fences in the ROW; therefore, after careful review, it was recommended that those fences be allowed to extend 1 into the ROW if those homeowners executed the Option 3 Agreement. Upon review and discussion, it was discovered that more than those six or seven residents have fences in the ROW; therefore, from a legal perspective, it was necessary to provide that same option to all others with a fence in the ROW along the WOFC, provided they execute the Option 3 Agreement. This option was extended to the other four or five property owners with fences. Mr. Morera asked if any residents were interested in the 1 into the ROW option. Ms. Cerbone stated that 22 signed Option 3 agreements were received; seven or eight had fences. NINTH ORDER OF BUSINESS Update: Quest Corporation of America (QCA) A. Billing to Date B. Future Plans This item was discussed following the Tenth Order of Business. TENTH ORDER OF BUSINESS Continued Discussion: Hurricane Irma Debris Removal 4

23 SUNSHINE WATER CONTROL DISTRICT March 14, Ms. Cerbone stated that Rostan Solutions (Rostan) is the District s debris monitoring and federal and local aid filing consultant. Rostan assists in everything that must be discussed, uploaded or provided to the Federal Emergency Management Agency (FEMA), National Resource Conservation Service (NRCS) or any other funding agencies. Mr. Lee Wordsman, Rostan, stated that Phillips & Jordan, Inc. (P&J) is in the process of cleaning up the Hurricane Irma debris. Several months ago, NRCS visited the District, and later advised that the agency had no funds and identified what they would do if funds were available. The District must file with the NRCS to obtain a letter stating that funds are not available, which would then alleviate the District from NRCS jurisdiction and allow the District to seek aid from FEMA. Last Friday, NRCS advised that funds may become available, which would create an issue regarding the District s claim. Once NRCS has funds and the District has an executed funding agreement with them, NRCS would likely become the funding agent from which the District is eligible to receive funding, which would likely result in FEMA no longer considering funding the District s work because there is overlapping eligibility. Rostan believes that FEMA will continue as the funding agent until NRCS has funding or NRCS and the District execute an Agreement; there is a small window of risk for which completed work might not be reimbursed. If the District stops work to wait for NRCS, there could be a risk of FEMA questioning whether the work was emergency work and whether it should be reimbursed by FEMA. Rostan s recommendation was to continue working, engage with NRCS when they have funding but knowing that there could be a period of time when work will not be reimbursed because NRCS will not fund any work performed before an agreement is executed. If FEMA does not pay for the work performed until NRCS is funded and engaged, Mr. Wordsman felt that the District would have a strong argument for an appeal, as FEMA was the only available funding source, at the time, and it was an emergency situation. Additionally, for FEMA, debris removal and emergency protective measures must be completed within six months or an extension must be requested. The six-month deadline expired on Saturday; therefore, the District must obtain an extension from the State Emergency Operations Management (EOC) but the State EOC cannot approve the extension until FEMA issues a project worksheet, which they cannot do for some time. Once the FEMA project worksheet is issued, the extension request submitted by Rostan, on the District s behalf, would be acted upon and be retroactive to March 10, In Rostan s 5

24 SUNSHINE WATER CONTROL DISTRICT March 14, experience, the State does not deny extension requests of this type so there is no reason to think it would be denied; everything was documented and in order for the State to grant the extension. Mr. Tornincasa asked if work was on hold. Mr. Wordsman replied no; work was underway. Discussion ensued regarding the work being performed, which agency the District was currently working with and receive funding from, etc. Ms. Cerbone clarified that the District has not received any reimbursement from FEMA. Mr. Wordsman explained that the NRCS will give funds to perform work but FEMA only reimburses for work already performed. Although there is no guarantee of FEMA reimbursement, Mr. Selchan stated that everyone was confident that the work being performed would be reimbursed, as Rostan is following and documenting the work and making sure that submittals to FEMA are properly filed. Mr. Morera asked if NRCS and FEMA work in conjunction with each other. Mr. Wordsman stated that they do not work in conjunction; they do not work on cross purposes. The NRCS program is not as robust; therefore, some work might not be funded under NRCS. Discussion ensued regarding the NRCS and FEMA processes. In response to the question of how much is slated for the District, Mr. Wordsman stated $1.9 million but the amount could change. Approximately 40 other municipalities are also seeking funding. Mr. Wordsman discussed details of the NRCS and FEMA processes and noted that FEMA s primary concern is to ensure that those seeking reimbursement are not being paid by more than one source for the same work. Regarding the question of whether FEMA assigned damage dollars to each Florida County, Mr. Wordsman was unsure but noted that, for the debris job, FEMA would reimburse for the actual damages; counties are not assigned a specific amount for hazard mitigation. Mr. Morera stated that the District is only involved with NRCS because water is involved. Mr. Morera recalled that, a few years ago, the District had to pay back reimbursement funds to FEMA, due to documentation issues. Mr. Wordsman stated that he was aware of that there is always a chance of FEMA coming back for funds; however, Rostan uses an automated data management system and the information that Rostan provides will be completely comprehensive. A. Ratification of Phillips & Jordan, Inc., Mutual Aid Agreement 6

25 SUNSHINE WATER CONTROL DISTRICT March 14, Ms. Cerbone presented the Mutual Aid Agreement with Phillips & Jordan, Inc., for ratification. Rostan and P&J had concerns about wording in the existing agreement and recommended adding and/or updating language in the Agreement to ensure that it is FEMAcompliant. It was determined that the best approach was for the District to piggyback off of the Coral Springs Improvement District (CSID) Agreement. As it was essential for the new Agreement to be executed as quickly as possible, Mr. Morera executed the Agreement prior to the meeting. In response to Mr. Morera s question, Ms. Cerbone explained that the District s Agreement with P&J is in the renewal cycle and was renewed in August and did not include the revised language. CSID has a new Agreement with P&J that was executed in April or May and contained the new language, which is why the decision was made for the District to piggyback off of the CSID Agreement. Mr. Morera asked if Staff was confident that this approach is acceptable to all agencies, with regard to reimbursement documentation that the District might submit. Ms. Cerbone stated that there is a risk in everything. Mr. Rostan stated, if FEMA were to not accept the piggyback Agreement, FEMA could reimburse the District at a reasonable rate and a reasonable comparable rate could likely be determined by using the rates that CSID paid. The rate that is being used for the work is the same as the rate P&J used for the City, CSID, etc. Discussion ensued regarding why the District s Agreement was not amended when it came time to renew. On MOTION by Mr. Tornincasa and seconded by Mr. Prudhomme, with all in favor, the Phillips & Jordan, Inc., Mutual Aid Agreement, was ratified. Update: Quest Corporation of America (QCA) ***This item, previously the Ninth Order of Business, was presented out of order.*** A. Billing to Date B. Future Plans Ms. Cerbone did not anticipate needing the services of Quest Corporation of America (QCA) again, until construction commences in November. QCA offered to keep the communications line active and forward messages, without invoicing the District. 7

26 SUNSHINE WATER CONTROL DISTRICT March 14, ELEVENTH ORDER OF BUSINESS Consideration of Proposals for Non- WOFC Vegetative Obstruction Removal A. Castle Tree Art B. Need Trees Trimmed, Inds. Mr. Selchan stated that this arose because a new homeowner wanted to use the District s program to help homeowners remove nuisance and overgrown trees along the canal banks, provided the owner executes an agreement with the District to maintain the area with only green grass in perpetuity. Proposals were solicited from four vendors and proposals were received from Castle Tree Art (CTA) and NTTI. Mr. Selchan recommended NTTI, who was the low bidder. Mr. Selchan explained the success of the program and discussion ensued regarding the location for the proposed work, the scope of work, On MOTION by Mr. Prudhomme and seconded by Mr. Tornincasa, with all in favor, Need Trees Trimmed, Inds., proposal for non-wofc vegetative obstruction removals, in the amount of $7,880, was approved. TWELFTH ORDER OF BUSINESS Update: Right-of-Way/Easement Clearing Policy Ms. Cerbone stated that, during review of the Option Agreements, it was discovered that Options 2 and 3 contained a reference to the ROW/Easement Clearing Policy. The Policy required a few updates but those could not occur until today s meeting; therefore, in the interim, for the Option Agreements that referenced the Policy, a statement was made that the terms of the Option Agreement would supercede the Policy. Ms. Cerbone reviewed the Policy and Options. The following change was made: Option 1, Fourth Bullet, Line 1: change 2 to 1 On MOTION by Mr. Prudhomme and seconded by Mr. Tornincasa, with all in favor, the Right-of-Way/Easement Clearing Policy, revised February 2018, as amended, was approved. 8

27 SUNSHINE WATER CONTROL DISTRICT March 14, THIRTEENTH ORDER OF BUSINESS Consideration of Group Health and Welfare Plan Related Items: Gallagher Benefit Services, Inc. Ms. Cerbone state that the District s health care insurance provider requested that the District execute the following Agreements. A. Business Associate Agreement Mr. Malefatto stated that his firm reviewed these Agreements, which are related to the insurance carrier s obligation to maintain the privacy of the District s employees. His firm made a few minor changes to the Agreements. Mr. Malefatto recommended approval. On MOTION by Mr. Prudhomme and seconded by Mr. Tornincasa, with all in favor, the Business Associate Agreement, was approved. B. Client Coverage Acknowledgment and Compensation Disclosure Statement Ms. Cerbone stated that this Acknowledgment should have been signed previously but was not, which is why execution was requested now. This information was disclosed during the insurance presentation; however, it was not executed. On MOTION by Mr. Tornincasa and seconded by Mr. Prudhomme, with all in favor, the Client Coverage Acknowledgment and Compensation Disclosure Statement was approved. FOURTEENTH ORDER OF BUSINESS Approval of Unaudited Financial Statements as of January 31, 2018 Ms. Cerbone presented the Unaudited Financial Statements as of January 31, Assessment revenue collections were at 83%. On MOTION by Mr. Tornincasa and seconded by Mr. Prudhomme, with all in favor, the Unaudited Financial Statements as of January 31, 2018, were approved. 9

28 SUNSHINE WATER CONTROL DISTRICT March 14, FIFTEENTH ORDER OF BUSINESS Approval of January 10, 2018 Regular Meeting Minutes Ms. Cerbone presented the January 10, 2018 Regular Meeting Minutes and asked for any additions, deletions or corrections. Mr. Malefatto and Mr. Rubio previously submitted changes to Management s office. The following additional changes were made: Line 246: Change Selchan to Rubio Line 292: Change Ms. Selchan to District Staff On MOTION by Mr. Prudhomme and seconded by Mr. Tornincasa, with all in favor, the January 10, 2018 Regular Meeting Minutes, as amended and to include the edits previously submitted to Management s office by Mr. Malefatto and Mr. Rubio, were approved. SIXTEENTH ORDER OF BUSINESS Supervisors Communications Mr. Prudhomme expressed the heartbreak of all with regard to the Marjory Stoneman Douglas High School tragedy and his confidence that the Parkland community can bring about change. Mr. Morera stated that, in light of the recent tragedy, the Taste of Coral Springs was rescheduled to April 10, The event is a fundraiser for non-profit organizations. The Multi-Cultural Advisory Committee will hold World Fest on April 8, 2018 at the Sportsplex. Mr. Morera echoed Mr. Prudhomme s comments. SEVENTEENTH ORDER OF BUSINESS Staff Reports A. District Counsel: Lewis, Longman & Walker, P.A i. SWCD vs. IBI Litigation Update Mr. Malefatto presented a Client Consulting Agreement between Broad and Cassell, LLP (B&C) and CECON LLC (CECON), along with the resume of Mr. Lakhbir Chauhan, P.E., of CECON, who is being considered as an expert witness in the District s case against IBI. If hired, Mr. Chauhan s fee would be $250 per hour. Mr. Malefatto stated that an outside expert is needed to support the Report prepared by the District Engineer and that IBI erred. A second amendment to the complaint to include Mr. Tom Donahue, personally, as a defendant, was 10

29 SUNSHINE WATER CONTROL DISTRICT March 14, underway; IBI, Rhon-Ernest Jones and Mr. Donahue would be the defendants. Regarding request for documents and IBI s claim that the cost of producing the documents would be approximately $150,000 to $300,000 and the Judge s directive to work it out, it was pointed out to IBI that they worked for the District at the time and had a responsibility to maintain the documents, as public records, so IBI will now provide them free of charge. The case is proceeding on pace and the trial should be in the November to December time frame. ii. Claim by Cineus/Cambroune Update Mr. Malefatto stated that this case was related to a drowning. Coral Lago was sued but maintains that it was a District canal; therefore, the District should be a party to the lawsuit. Discussions were underway with Mr. Dominick Tamarazzo, of The Kelly Kronenberg Law Firm, Counsel for the District. Mr. Selchan will be deposed on April 12, 2018 and make the case about the land exchange and why this is actually Coral Lago s canal and not the District s canal. Mr. Malefatto and Mr. Tamarazzo would both attend the deposition. iii. Legislative Update Mr. Malefatto stated that legislation was filed to change the voting method for the Special Districts in Coral Springs; the legislation failed but could arise again, in the future. Legislation was proposed that would have made it clear that Special Districts would not have to pay for removing vegetation or obtain permits, if it is in the District s ROW; this legislation also failed. Mr. Maguire was in discussions with the City regarding leniency or forgiveness of tree mitigation; it would require a three-step process taking about two or three, which he felt would take too long. Discussion ensued regarding the City s tree mitigation program. iv Hourly Billing Rates Mr. Malefatto presented the 2018 Hourly Billing Rates. Discussion ensued regarding the proposed hourly rate increase. Ms. Cerbone confirmed that bills with the proposed $10 per hour increase were received but have not been paid. Mr. Morera was not in favor of the rate increase being retroactive to January 1. The Board was amenable to a $5 per hour increase, as opposed to the proposed $10 per hour increase. Mr. Malefatto agreed to the $5 per hour rate increase, effective April 1, 2018; new bills would be submitted to Management. B. District Engineer: Craig A. Smith & Associates i. Monthly Engineer s Report 11

30 SUNSHINE WATER CONTROL DISTRICT March 14, Mr. Rubio presented the Monthly Engineering Report. Craig A. Smith & Associates, Inc. (CAS) wants to proceed with the engineering design and permitting for Phase 2. A proposal would be presented for approval. He discussed what would be required in preparation for Phase 2. Mr. Morera asked for the time frame for starting the work. Mr. Rubio estimated six months from the time of approval. Mr. Morera questioned if Phase 2 should be delayed until how everything regarding the progress of Phase 1 and the bridge is known. Mr. Maguire stated that Mr. Rubio was referring to design work. Mr. McKune felt that the bridge would not be an issue and the pump station work that must be done, as part of this, including elimination of the ramp, is most important to the function of the pump station and should be completed as soon as possible. C. District Engineering Consultant: John McKune There being no report, the next item followed. D. District Field Supervisor: Cory Selchan Mr. Selchan stated that slightly less than 2 of rain was received since the last meeting. The East Basin dropped 2 to 5 5 and the West Basin dropped to 6 5 ; the mean water level in both Basins is 7 5. Weed spraying is underway. Mr. Morera recalled his inquiry, at the last meeting, regarding the existing twin risers to the elliptical pipes project could be looked at, whether there were funds to complete that work this year and his request that Mr. Rubio and Mr. Maguire provide the answers and costs for the additional project by the March meeting. Mr. Rubio stated that they could try to do what Mr. Selchan discussed, as in trying to place something on the east side to allow water to flow back and forth, while keeping the elevation at the permitted level; however, the dam on the west side would prevent moving water westward the way they anticipated. Therefore, something must be done with the dam, as well. Mr. Selchan stated that there is a Master Drainage Permit for the entire area, including the lake, Dog Park, parking area, behind the ice rink and beside the school, is a retention area. Staff wants to freely move water through there but that would be in conflict with the Master Drainage Permit, so Mr. Rubio must determine a way to achieve the desired movement while still meeting the Permit criteria for retention. This project was not a simple as first thought. Discussion ensued regarding the challenges of this project, the potential high cost, potential for South Florida Water Management District to allow the District to eliminate the canal. 12

31 SUNSHINE WATER CONTROL DISTRICT March 14, Mr. Morera stated that, regardless of the challenges, he wants Staff to determine the most appropriate and economical remedy and proceed with the work, as he wants another project completed in Fiscal Year 2018, in addition to the WOFC. If this project is not feasible this year, the District should move on to a project that is feasible. E. District Manager: Wrathell, Hunt & Associates, LLC i FASD Annual Conference Updates Ms. Cerbone stated that the Florida Association of Special District s Annual Conference will be held in June and recommended that Board Members register online. Mr. Selchan welcomed Mr. Morera and Mr. Tornincasa back to the Board. ii. NEXT MEETING: April 11, 2018 at 6:30 P.M. The next meeting will be held on Wednesday, April 11, 2018 at 6:30 p.m., at this location. Ms. Cerbone stated that Management was contacted by an Underwriter regarding potential interest in refunding the District s bonds and issuing taxable bonds. Discussion ensued regarding the Board s interest in refunding the bonds; the Board was not interested in pursuing refunding, at this time, based on the District s other projects and the minimal projected savings. EIGHTEENTH ORDER OF BUSINESS Adjournment There being no further business to discuss, the meeting adjourned at 9:46 p.m. On MOTION by Mr. Tornincasa and seconded by Mr. Prudhomme, with all in favor, the meeting adjourned at 9:46 p.m. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 13

32 SUNSHINE WATER CONTROL DISTRICT March 14, Secretary/Assistant Secretary President/Vice President 14

33 SUNSHINE WATER CONTROL DISTRICT 12B

34 April 4, 2018 Board of Supervisors Sunshine Water Control District 2300 Glades Road, Suite 410W Boca Raton, Florida RE: MONTHLY ENGINEER S REPORT (April 11, 2018) March 7, 2018 April 4, 2018 SUNSHINE WATER CONTROL DISTRICT CAS PROJECT NO Dear Board of Supervisors: Craig A. Smith & Associates, Inc. (CAS) is pleased to provide you with the following Monthly Engineer s Report (MER) summarizing activity performed by this office on behalf of SWCD during the referenced period including future work. Anything of significance occurring after this writing will be brought up at the April 11, 2018 BOS meeting. Current Projects West Outfall Canal (WOFC) Encroachments Removal Project Phases 1A & 2A a. The Bid has been awarded, contract has been executed, pre-construction meeting was held on , and notice to proceed was issued to the Contractor (NTTI) to start on Communication with residents is maintained. The tree mitigation fee for the tree removal permit has been submitted to the City and the permit has been issued. See screen shot below from the City s Building Permit etrakit system.

35 SWCD Board of Supervisors Engineer s Report April 4, 2018 Page 2 Canal 20-1A Restoration & Canal LL Drainage Facilities Improvements The Board previously authorized CAS to proceed with the submittal of an engineering proposal for the Phase 2 portion of the WOFC. Upon further discussion with staff, this will be submitted in the future as soon as two smaller scale projects are initiated for construction and design. Included with this MER are two proposals BOS approval as follows: Canal 20-1A Restoration Engineering Services During Construction (Design/Permitting/Bidding services previously authorized). Plans are complete and permitting is underway. Construction time is estimated to be no longer than 1 month. Refer to CAS Proposal No ($22,020). Canal LL Drainage Facilities Improvements - Professional Services for Surveying, Engineering, Permitting, Bidding & Construction Services. Refer to CAS Proposal No ($58,170). Pump Station Nos. 1 & 2 Litigation Gene Schriner, PE and Bill Landis met with Broad and Cassels, LLP with the independent professional expert witness retained by Broad and Cassels, LLP on Permits A Right-of-Way Permit approval recommendation for a fence installation at 4251 Coral Hills Drive has been submitted to the BOS via the District Manager s office. We look forward to working with the SWCD on current and future important projects. Should there be any questions, I can be reached at the letterhead numbers shown or by electronic mail at orubio@craigasmith.com. Sincerely, CRAIG A. SMITH & ASSOCIATES Orlando A. Rubio, PE Sr. Supervising Engineer Enclosures: Engineering Proposals (2) & ROW Permit Recommendation cc: SWCD Cory Selchan, John McKune, PE (via ) WHA Cindy Cerbone, Debbie Tudor, Daphne Gillyard (via ) CAS Gene Schriner, PE, Jim Maguire (via ) \\cas-depot\projects\districts\sunshine_water_control\monthly ENGINEERS REPORTS\ \SWCD-MonthlyRpt docx

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43 EXHIBIT A CAS PROPOSAL 3681 EXISTING SYSTEMS 24" CMP 24" CMP 24" CMP 30" CAP 42" RCP DAM 48" CMP TWIN 65" RISERS WITH 65" X 40" PIPES 15" PIPE CROSS PIPE W/ CONTROL STRUCTURE AT END (EAST)

44 April 4, 2018 Board of Supervisors Sunshine Water Control District 2300 Glades Road, Suite 410W Boca Raton, Florida RE: SWCD PERMIT APPLICATION Berger Family Investments Coral Hills, LLC Fence within SWCD Drainage Easement 4251 Coral Hills Drive CAS PROJECT NO Dear Board of Supervisors: We have reviewed a R/W permit application submitted by Berger Family Investments Coral Hills, LLC for a fence installation on both sides of the property within a SWCD Drainage Easement. Proposed is 435 LF of 6 tall black vinyl coated chain link fence inside the property line. The SWCD needs to maintain access to this easement and the applicant has agreed to execute a Grant of Right To Entry with the SWCD to maintain the District s access to the easement in perpetuity. SWCD applicable criteria has been met and we recommend that the SWCD Board of Supervisors issue a Right-of-Way Permit to the applicant, subject to the following Special Conditions to be made part of the Permit: 1. All work must be in compliance with the latest SWCD Permit Criteria Manual. 2. Permittee will ensure that all necessary Sediment & Erosion Control devices will be utilized at the SWCD right-ofway during construction. 3. Trash bond ($2,500) shall be submitted prior to permit issuance and the Contractor shall repair and replace any SWCD facilities damaged during construction at no cost to the District. 4. A copy of Record As-builts and Engineer Certification shall be provided to SWCD upon completion of all work. 5. All applicable permits and approvals for Work shall be obtained. 6. SWCD shall be notified at least 48 hours prior to construction. Sincerely, CRAIG A. SMITH & ASSOCIATES Orlando A. Rubio, PE Sr. Supervising Engineer cc: SWCD Cory Selchan (via ) WHA Cindy Cerbone, Daphne Gillyard, Debbie Tudor (via ) CAS Gene Schriner, PE (via ) Enclosure: Permit submittal package \\cas-depot\projects\districts\sunshine_water_control\permit REVIEWS\Fence\4215 Coral Hills Drive\CAS Ltr for 4251 Coral Hills Dr.docx

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