-MINUTES OF MEETING

CORAL SPRINGS

IMPROVEMENT DISTRICT

 

            The regular meeting of the Board of Supervisors of the Coral Springs Improvement District was held on Monday, March 20, 2006 at 4:00 p.m. at the District Office, 10300 NW 11th Manor, Coral Springs, Florida.

 

            Present and constituting a quorum were:

 

            Bob Fennell                                                President

            Glen Hanks                                                Secretary

           

            Also present were:

 

            John Petty                                                  Manager

            Doug Hyche                                               District Staff

            Jean Rugg                                                   Severn Trent Services

            Janice Moen Larned                                   Severn Trent Services

            Randy Frederick                                         Severn Trent Services

            Dennis Lyles                                               Attorney

            John McKune                                             Engineer

FIRST ORDER OF BUSINESS                         Roll Call

Mr. Fennell called the meeting to order and Mr. Petty called the roll. 

 

SECOND ORDER OF BUSINESS                    Approval of the Minutes of the February 27, 2006 Meeting

            Mr. Fennell stated each Board member received a copy of the February 27, 2006 minutes and requested any additions, corrections or deletions.

            Mr. Fennell stated on page 17, in the second paragraph, the sentence “frankly I would not want to put my hands into someone else’s” should be “frankly I would not want to put my fate into someone else’s hands”.

 

On MOTION by Mr. Fennell seconded by Mr. Hanks with all in favor the minutes of the February 27, 2006 meeting were approved as amended.

 

THIRD ORDER OF BUSINESS                       Hurricane Debris Removal and Canal Bank Restoration Status

            Mr. Petty stated Mr. McKune is handling the contract administration.  We brought some pictures to show you the construction in progress.  We are recording the progression of this work for posterity in case there is an audit by the federal government.  The equipment they are using is unique.  When they first put their equipment in the water, it seemed to take them a considerable amount of time to clear a canal but their speed increased exponentially as they got into a rhythm and now they are proceeding rather quickly.  Mr. McKune brought a map where the blue lines signify the status of canals they have already been in where the majority of debris has been removed.  On every canal, there is always something that still has to be addressed, whether it be the removal of trees, a couple of stumps or some sod work.

            Mr. Fennell asked does the blue line indicate what has been done?

            Mr. Petty responded that is where he has the barge for cleanup on the canals.  The majority of trees have been removed from the waterway.  He may still have some stump and sod work left to do.

            Mr. McKune stated green represents the entire District divided into sections for which we received additional estimates.

            Mr. Fennell stated I saw them working on the University side today.  I do not know how they work on the barge when it is whipping back and forth across the canal.

            Mr. Petty stated it creates waves 200 feet downstream.

            Mr. Fennell stated I wonder how it stays afloat.

            Mr. McKune stated you should see how they move down the canal.

            Mr. Petty stated they go in a straight line.  I would be bouncing off the banks.

            Mr. Fennell stated there is no way any pipes will survive when the barge goes through.

            Mr. Petty stated when the trees came down a lot of the pipes got pulled out.  They will not be able to be repaired until we get the debris out of the way.  We are putting out door hangers advising the residents.  If we created the damage, we repaired it because they were not given notice but everyone will be given notice.  The contractor is using a mid-size backhoe with a sheer lobster claw attachment to cut trees 24 inches in diameter and pick them up rather quickly.  There have been observations by staff of some inconsistencies in the contract.  He needs to provide fill material in one or two places.  I think Mr. McKune spoke to him about the sod work and getting it in within a reasonable timeframe.  He was using some mulch material, which at first we had some concerns that he was going to try to backfill with his own mulch from his facility.  It turns out he was using the mulch for a seed bed.  We did not call for it in our contract, but he has free mulch so he is throwing it down.

            Mr. McKune stated he already has sod down along the south bank behind the club. 

            Mr. Hanks asked what are your thoughts on the dry cycle?  Are the plants drought resistant?

            Mr. McKune responded he is going to continue watering them.  He has a small pump and a small boat and speeds up and down the canal.  It will not be a problem.

            Mr. Fennell stated I was concerned about the individual homeowners and how perhaps they had not been maintaining their property, but what I really saw was commercial interest who may be more at fault than the homeowners.  The homeowners behind Sam’s Club decided they were not going to bother with those trees back there and that is a good thing because this was a nice screen for them and they really did not want it removed. 

            Mr. Petty stated I think there are two categories one is like Sam’s Club where they put up a wall and whatever is on the other side they never touch again.  Then there is the canal behind the party center and Burger King on University heading north.  They have a wall behind their unit where there are buffer trees that were probably required by the city.  These are 15 to 20 year old trees.  They mow this area and trim the trees.  So you have places like Sam’s Club where the homeowners in back do not maintain up to their wall and then there are owners who put up a buffer, probably required by the city and maintain it through their landscaper.  A third area is behind the Coral Springs Auto Mall, which is jungle.  There are no buffer trees.  We are going to talk about what our policy is going to be about trees later on in the agenda and it probably would be best to talk about this matter at that time.

            Mr. Fennell stated there is more than one case.  We are still spending a lot of CSID’s money on maintenance issues.  They did not do the job they should have.

            Mr. Frederick stated unfortunately in a lot of these areas the trees were there before construction and before there was a city policy.  These trees were supposed to be removed before any building was done on that particular piece of property. 

            Mr. Petty stated if it is not on their property, there is no way you can force them to take it down.  It could have been behind Sam’s Club if the property line is where the wall is and the rest is ours.  The city could not force them to come onto our property and cut the trees when they bought their parcel.  We can go more into this matter later.

            Mr. Hanks asked are we having any water quality changes in the canal we should be worried about?

            Mr. Petty responded I would not say water quality other than turbidity.  We have turbidity screening required in the contract and he is maintaining it but we are stirring things up.

            Mr. Frederick stated it clears up pretty fast.  I have seen this in many places where there is a lot of turbidity and it takes a while to clear up.  There are many floating little sticks and branches, which we will have to fish out.

            Mr. Hanks asked how can you tell whether or not the contractor is on schedule?

            Mr. McKune responded the contractor has 120 days to complete the contract.  They are moving fairly quickly.  The largest area has been completed.

            Mr. Fennell stated I thought the contractor had 100 days to complete.

            Mr. Petty stated we gave them 100 days but not much was damaged or had trees falling on them. This is the area that had bank erosion or fallen trees.

            Mr. Fennell stated I am happy they are making progress but I do not know how to judge it.  I do not know if this is going to be enough time.

            Mr. Petty stated we think they are within their schedule and are optimistic they will be ahead of schedule based on our observations.

            Mr. Fennell asked do they have a schedule?

            Mr. Petty responded yes, to complete the job in 150 days.

            Mr. Fennell asked do they have something broken down into timeframes?

            Mr. Petty responded no, it is rhythm oriented.  If we break this rhythm we cause time delays.  If we aid their rhythm, which is what we started to do, they move more quickly.

            Mr. McKune stated he has 10 days to give us a formal schedule.

            Mr. Fennell asked is there a formal schedule?

            Mr. McKune responded it is required.  Right now he is trying to feel his way around.  He has other crews he could bring in.

            Mr. Fennell asked when you receive a formal schedule, would you give each Board member one?

            Mr. Frederick responded sure.

            Mr. Fennell stated by the way, the city did sort of hint if we really needed to use their area, they would be cooperative.

            Mr. Petty asked are you referring to the regional park?

            Mr. Fennell responded the area they do their mulching.

            Mr. Petty stated it was nice of them to offer.  We are not going to be mulching but it is nice to know it is there.

            Mr. Fennell stated I was watching them size up the trees.

            Mr. Frederick stated he cuts them the length of the barge.  If a tree is too large, he cannot get through the canal.

 

FOURTH ORDER OF BUSINESS                    Report from Mr. Fennell on District Accounting Procedures

            Ms. Larned stated the field work is completed and in talking with Mr. Eissler, there are two items he is still waiting on but he is working on the comparisons.  There should be a draft report coming in the next couple of weeks.

            Mr. Fennell asked are there any issues as far as the amount of effort to get this done?  Are we able to comply?

            Mr. Petty responded there are no road blocks at all.

            Ms. Larned stated there is more of a contention on their part with all of the other tax work going on.

            Mr. Fennell asked do we have someone helping out from Severn Trent?

            Mr. Petty responded yes.  We are trying to keep this going as long as it is helpful.

            Mr. Fennell asked are we paying for that?

            Mr. Petty responded we are doing it under the existing contract at no additional charge.

 

FIFTH ORDER OF BUSINESS                         Discussion Items

A.        Two-Way Radios to Facilitate Communication

            Mr. Hyche stated we are out for bids. We will receive the bids on the 23rd. 

            Mr. Fennell asked did we receive any good responses?

            Mr. Hyche responded we had a mandatory pre-bid meeting and four responded.

            Mr. Hanks asked for the radios?

            Mr. Hyche responded yes.

            Mr. Petty stated we have satellite phones on order or will be on order next Thursday.

            Mr. Fennell stated you mentioned we were having problems with the phone connections in here.  Mr. Eissler tried to call in and had a hard time getting through.  On the other hand you are saying we have 100 phone lines but some of them need to be repaired.  Do we have BellSouth?

            Mr. Petty responded yes.

            Mr. Fennell stated you can have them come in and do an analysis of our lines.

            Mr. Petty stated we already had them do an analysis.  Mr. Dan Daly has been working with Bellsouth and we actually have a plan in place that we will provide to the Board later on when we do the budgets.  At that time, we bring the system back from the other building to here and make this system independent.  Some of our staff floats from here to another office and the computer actually running our phone system sits in another building.  We are trying to bring that system back.  Severn Trent has been taking their employees off and Ms. Jean Rugg’s group, who were part of the move, adopted a new phone system Severn Trent has in that building and we can now take this system and bring it back.  Mr. Daly has been working with Bellsouth on what would be necessary to improve our telephone system and upgrade the hardware in order to bring the computer system back.  We would be glad to bring this to the Board at the next meeting.

            Mr. Fennell asked can you communicate with the lift stations and pump stations?

            Mr. Petty responded we are still working on that.  We love the concept but the practicality is I have not seen a working system of any value to me yet.  But, aside from that, SKADA makes sense.  I would like the operator to look at the meter for leaks and signs of damage or loss.  The same thing goes when you turn on some of these pieces of equipment.  I want you to feel the vibrations, hear the noise and see how a bearing gets hot.  We have SKADA throughout our utility system and well fields. 

            Mr. Fennell asked what is SKADA?

            Mr. Petty responded data acquisition and control.  We have some on/off functionality and basic commands but do not have any routines built into our system.  We have gone through two or three attempts at trying to do computerized control (i.e. we do not need operators, just one guy to program it and it will run).  It has not worked so far and my personal opinion is not very high of that system.  I have not seen one run a utility but certainly you can use it turn equipment on and off.

            Mr. Fennell stated you can run a phone line or use RF.  I do not know whether the phone system is any cheaper.  In some ways the RF systems are expensive to install; at least $2,000 to $5,000. 

            Mr. Petty stated we have both types of systems.  Using the old method, we were able to keep the system functional better than anyone else.  I like the idea of having as much as I can out there but after awhile the value of the dollar spent does not give you the same return.

            Mr. Fennell stated if you are going to look at phone systems, this might be a good time to see if there are any other phone systems out there for the money.

            Mr. Petty stated Mr. Hyche addressed this item at the last meeting, however Mr. McKune and I wanted to hold off because this is the first time we have heard of it.  Mr. Hyche was saying “I do not need radios or telephones, just give me a skid mounted generator I can keep in the warehouse and when the power goes out, I am going to put it in the lift station and it is going to run off the floats”.

            Mr. Fennell stated this might just be the thing to do. 

            B.        Portable Generators

            Mr. Fennell asked did you go out for bids?

            Mr. Hyche responded I was given the approval to go out for bids today. 

            Mr. Fennell asked are we going to get eight or ten generators?

            Mr. Hyche responded ten 20 KW skid mounted generators.

            Mr. Hanks asked is this sufficient to operate the pumps?

            Mr. Hyche responded yes.

            Mr. Hanks asked how big are they?

            Mr. Hyche responded you can haul three of them in a pick-up truck.

            Mr. Petty stated we have one of those hydraulic lift mechanisms for our pumps.

            Mr. Hanks asked what size pumps do you currently have?

            Mr. Hyche responded 40 horsepower, some are 10 horsepower.

            Mr. Hanks asked do you prefer kilowatt or horsepower?

            Mr. Petty stated if you try to start both of them at the same time you can trip a line.  You have to do them one at a time.  What this means for us is when we first install them, there may be a period in the first day where there is going to have to be someone standing next to these pumps in order to keep the second pump off until we drop the level down. 

            Mr. Hyche stated we also have three portables that we will be shuffling around.

            Mr. Petty stated they made the system work with one pump last time.  This time they have three generators plus 10 fixed stations.  This will give us the ability to sit back here to work on this utility site versus running around out in the field.

            Mr. Fennell stated last year at this time, we ordered two additional pumps.  However when we needed them, they were in Pompano getting painted and we could not get a hold of them.  

            Mr. Petty stated they look great.  They are painted just like the trucks.

            Mr. Hanks asked is our manpower sufficient to handle the trees, truck trailer, generators and these skids?

            Mr. Hyche responded yes.  I talked this over with the staff and this is the way they would like to go.  They could handle it more efficiently with those 10 generators and those three portable ones than with one portable. 

            Mr. Fennell asked what is not to prevent my neighbor who also has a pick-up truck from steeling a generator?

            Mr. Hyche responded we have to buy some chains.  The city had some generators missing, but they were not chained and locked down.  We will also have a 24 hour watch on them.

            Mr. Fennell asked what are you going to chain them to?

            Mr. Hyche responded the lift station.

            Mr. Petty stated we can chain it to something heavy enough they cannot haul off. 

            Mr. Hanks stated I was making a presentation the other day when one of our student commissioners mentioned the city had a retainer agreement with a rental company for generators.

            Mr. Petty stated you are relying on them to be there after the hurricane.  We could not find anyone to get our generators.  This is a good idea to have as a back-up

            Mr. Hyche stated only if they match our connections and have the right power.

            Mr. Petty stated you never can do better than having the generators on-site.

            Mr. Hanks stated I am just trying to think of different ways to use the $100,000 we are spending on the generators.  Hopefully we will never need to use them.

            Mr. Fennell stated I think you will.  We have occasional power outages throughout the area.  How many lift stations do we have?

            Mr. Hyche responded 22.

            Mr. Petty stated we are a force main system.

            Mr. Hanks asked is there a way to do a joint purchase with another utility?

            Mr. Petty responded we belong to several different groups where basically you will respond with back loads, front end loaders and generators during an emergency.  I said to Mr. Hyche, “if we get these 10 generators and they have a problem up in St. Augustine, do we have to send these 10 generators up to St. Augustine”?  He said no.  I do not think anyone wants to send their generators to work on somebody else’s emergency where conditions are raw, where people are making due without the proper tools, without the proper fuel, without filters and then to get at the end of the day after all this, your $100,000 worth of equipment back in raw shape.  Spending $100,000 for something you hope will sit in your garage is a bunch of money but after going through Hurricane Wilma, I am willing to go this far.  I think this is a fairly responsive reaction to what happened there.  As we know from the past, we had power failures, which have caused lift station issues in the past, but nowhere near 10 generators worth.  It could be that five years from now these generators will be obsolete and we never had to turn them on but we will need to purchase 10 more.

            Mr. Hanks asked does it not make sense to stagger the purchase of them so we are not purchasing them all at the same time or buy them in quantities?

            Mr. Hyche responded it would if we bid them that way.

            Mr. Petty stated we are going to bid them and get a price to you for your consideration.  I wanted to get you a real number, not just a merchandise catalog number.

            Mr. Fennell stated I think the electricity being out caused more economic problems than anything else as far as lost wages.  We could not pump gas or do anything.  No one evacuated, which I frankly think you cannot evacuate South Florida.   What are you going to do about this office and backing up the system?

            Mr. Hyche responded we can tie it into the new system.

            Mr. Fennell stated it is a good suggestion.  I know there are companies who specialize in this who can provide generators by a certain time and day.  Are we in trouble after 12 hours?

            Mr. Petty responded with lift stations you can be in trouble in as short as four hours.  If we have a rain event of five inches or more, it can be within an hour because we have an infiltration issue.  If the water table and the pressure increase our lift stations could go bad real fast.  The residents here in Coral Springs have a tendency of pulling manhole covers when their streets flood.  We had this happen to us on a tropical storm that came through. 

            Mr. Hanks asked do we have anyone maintaining a response unit in the state? 

            Mr. Fennell responded each state out west has something like that.  I think we signed some type of agreement to cooperate with other areas.  You need to have a preplanned policy for what generator we would need, who would go and exactly what kind of response we would have so we know exactly what we do in this situation.  Let’s go forward with that, because I believe we need to cooperate.  You are right; we need to think about what we need ourselves, especially in the middle of the hurricane season.  St. Augustine can get hit in August and we send some equipment and then two weeks later we have something blow from here.  I believe we should cooperate with the others and have a policy.  I think electric companies have this type of policy.  If we do that, obviously it would be good from our local list too.

 

SIXTH ORDER OF BUSINESS                        Consideration of Work Authorization No. WA-29 for the Non-Hurricane Water Management System Vegetation Removal

            Mr. Petty stated this is for the engineer to evaluate the scope of our proposed tree management program as preventive maintenance for a hurricane.

            Mr. Fennell asked have we actually asked him to do the work and this is the work authorization?

            Mr. Petty responded yes. 

            Mr. McKune stated this is the same proposal we gave you before in the preparation of plans.

            Mr. Petty stated this is a not to exceed number.

            Mr. Hanks asked what specialized sub-consultants are needed?

            Mr. McKune responded none.  The work is all done in-house.

 

On MOTION by Mr. Hanks seconded by Mr. Fennell with all in favor Work Authorization No. WA-29 for Non-Hurricane Water Management System Vegetation Removal in an amount not to exceed $25,000 was approved.

            Mr. Lyles stated Mr. Petty commented that this was a not to exceed number but the document does not specify.  Is the $25,000 a not to exceed number?

            Mr. McKune responded this is what we anticipate.

            Mr. Petty stated he would have to come back to the Board to request additional money if he exceeded $25,000.  He cannot do work and then come to us with a bill.

            Mr. Hanks stated without additional authorization.

            Mr. Petty stated Mr. McKune has a preliminary number from the contractor.  I think he received a number between $1.3 and $1.4 Million based on the number of trees standing.

            Mr. Fennell asked did you go out and look at the work yourself?

            Mr. McKune responded those are the areas we looked at and those are the prices per area.

            Mr. Petty stated there are a couple of different programs.  Mr. Frederick is going to show you one.  I am showing you the other.  This is a minimal step in addressing trees in the future.  We are only going after damaged trees and trees in the way of our equipment.  Ornamental trees may or may or not pose any real threat to our existing banks.  Coconut Palm, for example may not be a real direct threat.  As you start thinking of other ornamental trees maybe that changes.  Under this policy you would look at where people have put hedges in the reservoirs, small ornamental plants, which are going to grow into big ornamental plants later on and then of course, what we have already talked about, which is a required buffer.  Where do you draw the line and what trees do you take out during this contract?  The $1.3 to $1.4 million is for clearing everything from right-of-way to right-of-way and edge to edge and making a green space, which is the same concept but without ornamentals. 

            Mr. Frederick stated they are not exactly cleared out but for the most part they are.  We are not saying that if we did clear all the trees out that people could not put a picnic table back there.  We just did not want anything growing.

            Mr. Petty stated we have two different viewpoints, one from Mr. Frederick perspective, which I respect, for green space.  What type of storm event are we designed to handle assuming the canals are working?  Is it a five year, ten year or twenty-five year storm event?

            Mr. McKune responded 100 year storm event.  The water can remain in the bank as long as it is flowing.

            Mr. Hanks stated during the 100 year storm, the water is up to your door.

            Mr. McKune stated you will be in good shape unless you have some blockage then the water will rise.  It will rise even quicker if the grate in the street is blocked.

            Mr. Petty stated the city has actually learned how to clean those in the last couple of years. 

            Mr. Fennell stated as I remember your explanation from before on us relying upon knowing the pump but we are also relying upon a certain amount of absorption.  By the way, it was not over a short period of time, because I remember it was a two or three day period. 

            Mr. Petty stated we have had actual conditions exceeding that.

            Mr. Hyche stated in nine hours we had 14 inches of rain.

            Mr. Fennell stated I remember going to work in the morning and having to take the C-14 canal to go home because that was the only way to get back to my house.

            Mr. Hyche stated this was because the water in the C-14 was up to the top of the banks.

            Mr. Fennell stated it was and I still contend my street was at direct connection to C-14 so water was coming into our street from the drain.

            Mr. Hanks asked what are the elevations?  Are they in the hundreds?

            Mr. Hyche responded about 16.5 or around there.

            Mr. Fennell asked can you look at my street; SW 1st Place and confirm that?  This is what happened on my street.  Everybody else is high and dry.  What is going to happen is the C-14 is going to get higher than the bank.  We are going to have to make our canal lower than C-14.

            Mr. Hanks asked what is the width of the outfall canal?

            Mr. Frederick responded the width of the canal on the outfall to the pump station is 60 to 80 feet.  At 93rd Avenue coming out of Riverside Drive towards my house, there is a big ficus tree that blocked the cul-de-sac.  Now the tree is gone.

            Mr. Petty stated if you recall, we talked to you about the emergency plan in the NRCS program.  Our concern was to free up every culvert area.  They look at your crossings, pipe elevations, the size of your pipes and how much water you are actually moving.  The size of the canal is not the body of water you are moving.

            Mr. Fennell asked which one will ensure in 15” rain where we have trees falling that I will not get flooded?

            Mr. McKune responded keeping debris out of the canal is the best way.

            Mr. Fennell asked is there anything less than that?

            Mr. McKune responded it is a matter of probability.  If you had a tree in the right-of-way and it were to fall to where you would only have the top 10 feet leaning over, the likelihood of that causing problems is minimal.  However, if you have a tree standing 100 feet tall 15 feet from the top of the bank, that could cause a problem.  I recommend clearing from right-of-way to right-of-way.

            Mr. Hanks asked what is Arbor Tree’s recommendation regarding wind events?

            Mr. McKune responded Arbor Tree has criteria for trees.  The issue then becomes if you have a healthy tree that will not blow over here and have some growing over there, I cannot get there.

            Mr. Frederick stated I received a complaint from a resident who has two ficus trees over 100 years old.

            Mr. Hanks asked how can they be over 100 years old when this area was not developed at that time?

            Mr. Fennell responded because until recently I had two Cypress trees that were 75 years old in my yard.  There used to be a farm where there were trees and when they came through and built the houses, the left the trees.  I know the trees are 75 years old because I counted the rings.

            Mr. Frederick stated we do not want to cut down the Cypress trees because they do not lose their leaves.

            Mr. Fennell stated we had an issue with Lake Coral Springs where there was only one drainage system.  If there is a blockage anywhere, the entire lake rises and causes flooding.  There are no alternate paths for the water to go.  I used to worry more about our pump stations, but it is the culverts that go underneath all these roads and/or bridges that would be the natural damns that would just back everything up behind it. 

            Mr. Hanks stated the water would still flow through.  On these canals are you talking about a 16 foot culvert under the street?

            Mr. Frederick responded water will, but debris getting blown into these canals at the same time and clogging up on these trees will not flow.

            Mr. Petty stated the truth is we have not had such an event to say one way or the other what is going to happen.  We can speculate.  There is no insurance that if you do the green way space you will not have any trees in your canal.  The trees are going to cause blockage.  There are going to be trees over 20 feet high.  Those are the ones we are worried about and our easements in a lot of areas are five feet.  A homeowner could have a 60 foot Upper Pine, a 35 foot Bay tree and a 70 foot Australian Pine in their yard.

            Mr. Hanks stated one picture shows an Australian Pine going bank to bank.  Yes you are going to have some debris hanging up on it, but you still could maintain what looks a fair amount of clear water to provide drainage for it.

            Mr. Petty stated it would depend on how quickly you tried to move that water.  We probably could have handled a five inch rain event because it would have been slow moving. If we turn on all of our pumps, we could keep up with it.  I do not think we are going to have any guarantees on any options you pick.  Keep in mind that a lot of these homes in Coral Springs are very small with pool decks that actually hit the line.  The green space separates them.  It is going to be difficult to enforce a complete removal without any negative action against the District.  That does not mean that we do not want to do it.  I just need us to be prepared.

            Mr. Fennell stated I think this is the only time we will have time to do this.  If we do a partial job, the big trees will grow again and in five or ten years the problem will return.  We need to do the right thing and any consequences but you will never have a better time to do the right thing.

            Mr. Hanks stated we can impose criteria on the types of trees allowed.

            Mr. Fennell asked what kind of criteria?

            Mr. Hanks responded to restrict ficus and Australian Pine trees.

            Mr. Fennell asked what about height?

            Mr. Hanks responded the only way you can deal with the height is by changing the species.

            Mr. Petty stated another smaller District in the area has adopted such rules, which Mr. Lyles and I familiar with.  In Coral Bay, we needed access to the lake bank.  However, the residents had planted all types of trees and bushes.  They ended up having to adopt a rule where we had free access.  We went in there and enforced it and allowed people to keep trees of “x” size and bushes of “x” size as long as they had a permit and did not block off our access.  We could write those rules for you so you have reasonable control over what is able to clog your system.

            Mr. Fennell asked are those trees legally supposed to be there?

            Mr. Petty responded I do not think they are illegal.  I think we have the right to clear our rights-of-way to provide our function, which is great but I do not know that I could call the trees illegal.

            Mr. Fennell asked what will maintain drainage in the event of a hurricane?

            Mr. Petty responded I could tell you with a certain level of confidence, I could maintain drainage with Option B, which is permitted ornamental trees.  If a Coconut Palm pulls out of my canal I am not concerned.  A lot of debris can fall in these canals during hurricane events.  Screen enclosures with fiber glass material are far more deadly than any tree that would fall in.  I see those in every backyard.  The material from plastic that gets blown in is far more capable of causing a blockage.  The silt coming from the bank where it is not being kept from erosion control because all I have in some cases is sod that is growing poorly.  The trees have been providing, to some degree, beneficial use by keeping the soil together with the root system.  It is a form of erosion control.  I do not want any trees on my slopes.  The issue there is if the root wall gets inundated with water, it is going to be a stunted root fall which is capable of causing me bank erosion.  I do not want anything on the slope.  On top of bank you have the ability to provide some degree of latitude as long as the residents do not expect us to spend another $3.5M cleaning it up next time.

            Mr. Hanks stated I think for the remaining residents of the District we should make a commitment to maintain their right-of-way if they agree to maintain their trees if not removed by us.

            Mr. Fennell stated we are outlining a brief policy here but in the end this has to be proven that it will not endanger us.

            Mr. Lyles stated you are stating a fact.  If we are going to adopt a policy it might also be a good idea to have a rulemaking procedure to the water control plan.  We are going to have to show that the existence of some trees is somehow creating a negative impact on the drainage, not just with the right circumstances. They have to prove the trees do no harm.  We have to prove they are harmful or potentially do harm.  We are talking about regulating property.  For canals we own by fee simple, we are going to have to retrace the ownership patterns for these canals.  Where we actually own property as opposed to just maintaining the easement of the flowage of drainage, we have greater rights.  We can say “sorry but this is our property and we determined as a District that we do not want to allow trees to be planted here because of what happened after Wilma“.  It is all going to take a process.

            Mr. Hanks stated we are trying to improve on the current level of flood protection.

            Mr. Fennell asked what do we need to do to ensure the drainage flows properly?

            Mr. McKune stated if you get debris in the canal, you will have a problem.  How much depends on what size debris and how rapidly the water is moving down the canal.  It takes the smaller debris mounded up in front of the culvert therefore, leaving tremendous headwall.  The engineering is to keep trespassing from the canal.

            Mr. Petty stated I think the suggestion to you is not to try and go from a policy where we did not touch trees and we are lousy with the things now.  As a matter of fact, I think one of the city’s slogans is “we are the city of trees.”  I can tell you after going out in the field these last couple months, we have a whole lot of trees.  I am trying to talk you into going to the next step.  I am not looking for a rule adoption at this time; I am looking for an administrative policy.

            Mr. Fennell stated we are going to spend $1.5 million but we need to determine on what and for what purpose. 

            Mr. Petty stated I am not asking for $1.5 million.  I am looking to see if the Board can consider an administrative policy wherein staff adjusts the contract out now to start removing trees considered to be hazardous which would consist of all non-ornamental within the right-of-way.

            Mr. Fennell stated I am not sure this is good enough.  I hear one argument saying basically these were designed so there would be no trees in the lake.  If you are going to put trees in the right-of-way what effect will this have?

            Mr. McKune responded I did not say there should not be trees in the right-of-way.  I said it was designed to have no trees blocking flow.  If there were enough trees to flow into the canal then we have a problem.

            Mr. Fennell stated in that case you probably have trees that fell into the canal, which we cannot control.

            Mr. Hanks asked do we know what level of dead loss we can tolerate?

            Mr. McKune responded no.

            Mr. Fennell stated there must be a rational on how much you can tolerate.  We are going to have different kinds of trees fall in, maybe not as much, but we are going to have something. 

            Mr. McKune stated the amount you can tolerate is the crown of the road.

            Mr. Fennell asked could we have staff do a study?  There was a waterway study done by the county.

            Mr. McKune responded if you start blocking canals you will not flood the entire District at once.  It will flood everything behind it in that neighborhood.

            Mr. Hanks stated if you are talking catastrophic flooding, it is in the order of magnitude of 15 inches of rainfall.  The idea is you will be flooded wall to wall.  If you block a canal, there are alternate paths as long as we are not isolated by roadway debris.

            Mr. Petty stated I think you raise a good point.  As you watch the water levels rise and the roadways flood, you now have channels to move the water around any trees that are down in your canal.  If you are outside the canal area and are dealing with flat ground, the amount of trees is no longer an issue.  It is possible we would be able to have flooding in a house with our pumps on because it would still be coming to us over land.  Therefore, we cannot determine the number of trees that can be taken down.

            Mr. McKune stated do not count on sheet flow.

            Mr. Petty stated I have a singular restriction and a headwall.  We reached the elevation where the water table went up to 12 feet.  I have enough ground area around this headwall, which has been plowed by a tree.  I should be able to overcome that clog.  However, if every headwall is clogged on every path, it is a different story, but I do not think it is going to happen this way.  I do not think the system is designed where this can happen.

            Mr. McKune stated it is not designed to have a flow around sheet flow.  There is no way it can get blocked so far in there.

            Mr. Petty stated no, because you stop at the top of the bank.  Mr. Hanks is referring to a storm event going beyond top of bank.

            Mr. Fennell asked for there to be flooding, how many trees will be down?  The premise is we clean from right-of-way to right-of-way.  This would be the best we can do and what it was designed to do under the criteria.

            Mr. Petty stated the design criteria would not be true unless the design criteria considered trees.  Many trees did not fall down during the last hurricane.

            Mr. Fennell stated there is a piece of logic that is not quite right.

            Mr. Petty stated if we say no trees on top of bank between here and the water level, this is a compromised position and gets you what you want.  If we have a five foot easement, you cannot control a tree coming out of the water.  You cannot guarantee my safety during such an event under any circumstances.

            Mr. Fennell stated there is a degree of safety.                                                                      

            Mr. Petty stated the tree can grow within five feet on my property.  What am I guaranteeing you?

            Mr. Fennell responded that it will not block the flow of water.

            Mr. Petty asked how do you know?  It is on my property and you cannot control it.  A 70 foot Australian Pine is on my property.

            Mr. Fennell stated I think we should cite you unless you cut the tree down.

            Mr. Petty stated we do not have that ability.

            Mr. Fennell stated we will go to the city and have them cite you.  We will not have trees that are taller than the width of the canal.

            Mr. McKune stated that was the idea.

            Mr. Fennell asked what do we have to do to insure the water flows and will not be impeded?

            Mr. Petty responded I can bring in a specialist who can tell you that the root will hold the tree, even it is an Australian Pine because there is no supportable data stating an Australian Pine falls sooner than any other tree.