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1 There were present: MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF THE LAKE WORTH DRAINAGE DISTRICT HELD AT THE DELRAY BEACH OFFICE ON NOVEMBER 13, 2002 AT 8:30 A.M. ************************* Murray R. Kalish Patrick A. Martin Danna Ackerman-White John I. Whitworth, III Joann Aylor E.P. Alderman C. Stanley Weaver Fran Cappellini Alan Saele Kermit Dell James Fandrey Bart Saunders William G. Winters Carol Connolly Michelle Saunders Ronald L. Crone Maria Biggane Jeana Kim Mark A. Perry Lisa Kraus The President of the Board, Murray R. Kalish, who presided, called the meeting to order at 8:30 A.M. President Kalish asked everyone to please stand and the Pledge of Allegiance was recited. Manager William Winters informed the Board that Supervisor David Goodlett will not be attending today s meeting. There were no additions or corrections to the minutes of the October 2002 meeting and they were approved as presented. The Board reviewed and approved all bills more than $ paid since the last Board meeting. The financial statement for October 2002 was approved as presented. The Board reviewed and approved a list of documents that were issued or received for recording from October 1, 2002 through October 31, Manager William Winters informed the Board that Item A is reports from Board members on attendance at other meetings, if any. With no other meetings to report Manager Winters proceeded to Item B. Item B is Deborah Gilchrist, L-47, File No Manager William Winters explained to the Board that Ms. Gilchrist originally was requesting a 2 year extension on her encroachment agreement, but we received a letter from Ms. Gilchrist and she has withdrawn her request and is now requesting an extension of time to move the fence onto her property. Manager Winters recommended to the Board to deny the request as it is on the agenda and give Ms. Gilchrist 120 days to remove her fence. Vice President Weaver made a motion to deny the request as it is on the agenda and to give Ms. Gilchrist 120 days to remove the fence. Senior Vice President Whitworth seconded and it passed unanimously. Item C is sponsorship of Palm Beach County Day in Tallahassee March 4-6, Manager William Winters said in the past the District has gone in as a corporate sponsor for $1, Senior Vice President Whitworth made a motion to allow the District to go in as a corporate sponsor for $1, Supervisor Dell seconded and it passed unanimously. Page 1 of 7

2 Item D is Bridge Design Associates, Inc., L-30 Revetment Project # S.01, Phase Services. Manager William Winters explained to the Board that the phase services covers all of the inspections on this project to complete the work. The engineering fees and inspection fees through the project is $39, Manager Winters said this has been done on all the District s projects and asked the Board to continue to have the designing engineers do what they have in the past and accept this contract for $39, Supervisor Dell made a motion to continue to have the designing engineers do what they have in the past and accept this contract for $39, Vice President Weaver seconded and it passed unanimously. Item E is Bridge Design Associates, Inc., E-2E, Revetment Project No , Change Order No. 4, which is, LWDD is to compensate the contractor the equivalent cost of the mats not supplied for this area, approximately 120 x30, $6, ($1.87/SR). Also, the contractor requests a 30 day time extension to be added to the existing contract to procure and deliver the rock rip rap to the site. Senior Vice President Whitworth made a motion to approve Change Order No. 4 for $6, and to accept the rock revetment in place of the mat work because they cannot get under the bridge and to give them an extension of 30 days. Supervisor Dell seconded and it passed unanimously. Item F is clarification of Item E motion from the October 16, 2002 Board meeting approval of contract for materials for revetment installation of the L-30 Canal, LWDD Project No S.01 and authorization for the Manager and President to approve change orders up to $5, without Board approval. Supervisor Dell made the motion and Vice President Weaver seconded. Manager William Winters said the motion was made to approve the contract and the motion did not cover the ability of the Manager and President to approve change orders up to $5, without Board approval then returning to the Board at the next meeting. This will allow the projects to continue without a 30 day delay. Manager Winters asked the Board to approve Item F allowing the President and Manager to sign change orders up to $5, on the L-30 project. Supervisor Dell amended the motion that was made to include the President and Manager to sign change orders up to $5, on the L-30 project without Board approval. Vice President Weaver seconded the amended motion and it passed unanimously. Item G is clarification of Item F motion from the October 16, 2002 Board meeting, approval of contract for Revetment Installation of the L-30 Canal LWDD Project No S.02 and authorization for the Manager and President to approve change orders up to $5, without Board approval. Senior Vice President Whitworth made the motion and Vice President Weaver seconded. Manager William Winters said this is the same type of motion as Item F above; it did not include the $5, portion of the motion. Senior Vice President Whitworth amended his motion to include the President and Manager to sign change orders up to $5, without Board approval. Vice President Weaver seconded and it passed unanimously. Manager William Winters informed the Board that the 8:40 Item Dahlgren, PUD L- 18, LWDD Project No U.05 has withdrawn from the agenda. Vice President Weaver made a motion to approve the withdrawal. Senior Vice President Whitworth seconded and it passed unanimously. Item H is the purchase of two new District vehicles from the Sheriff s contract. Manager William Winters explained to the Board that there are two new vehicles needed in the aquatics department; an F250 4x4 pickup truck and an F450 4x4 cab and chassis, which is used for a spray truck. Manager Winters said he has looked at the Sheriff s contract and the State contract and the District can save Page 2 of 7

3 approximately $14, by going with the Sheriff s contract. The F250 with all the additional items is $24, and the F450 is $28, These vehicles are below budget and in the fiscal budget for this year. Manager Winters asked the Board to allow him to go forward with the purchase through the Sheriff s contract. Senior Vice President Whitworth made a motion to approve this and to allow Manager Winters to go forward with the purchase through the Sheriff s contract. Supervisor Dell seconded and it passed unanimously. Shelly and Bart Saunders appeared before the Board requesting to retain their seawall in Sabal Lakes rather than have revetment installed. This is the L-30 Canal, LWDD Project No A.01. Manager William Winters said this is the revetment project from Barwick Road to Congress Ave., there are 6 permitted seawalls in this area and the permits are temporary with the understanding that they will be removed at the owner s expense with a 60 day notice. A video was shown at this time. Manager Winters said there is a ski ramp in the video, which will have to be removed because if someone is injured in the water body of the District knowing that the ramp is there, we are liable and in some places of the canal it is only a couple of feet deep. The District has to redig the canal and reclaim the earth and reestablish the banks. Manager Winters said the problem we have had in the past is, we end up with a vertical wall trying to put mats in tying in at a slope and we can t keep the soils together to stabilize in between and it is very difficult to work the corners to keep everything in. We have tried it in the past in a couple of places and had to remove the seawall from those areas. The contract was bid with the removal of the seawalls, vegetation and materials that are encroaching in the District s right-of-way. This is so the contractor can not only dig the canal in a free and clear manner and reestablish the slope of the canal, but also he can use the dry ground above the area for storage of mats. The major digging will be done from the south side of the canal. The contractor will be digging the soil from the canal. Bart Saunders from 3937 Satin Leaf Court introduced Pete Alderman and said they would like to keep their seawalls. Mr. Alderman from 3777 Satin Leaf Court thanked the Board for the pleasure of using the District s land in the past years. Mr. Alderman said the seawall panels are solid aluminum panels that are 10 ft. tall with 5 ft. in the ground and 5 ft. above the water. These seawalls have been in for at least 10 years and longer with no erosion so they would like to keep them. Shelly Saunders showed the Board pictures of other areas where the revetment has been connected to seawalls. Manager Winters said the pictures named Thompson Road, there is a wood vertical wall that was installed, the owner of the property paid the contractor $50, to hand lay the interlocking blocks below the water. Mrs. Saunders said that is the one that is least like theirs the other one is like theirs and it may not be in the District s area but it had been done successfully and the picture shows that it could be successfully done in their neighborhood. To remove the seawalls will cost the homeowners a lot of money as well as the District to have to remove and redo it, it would save a lot of money and headaches to leave the seawalls, which are very effective, and put the revetment mats next to it. Manager Winters said he does not want to refute that the seawalls are not effective; the vertical walls are effective, they do have a purpose, it is the difficulty of maintaining the canal with a vertical wall. The difference with Palmar Drive, as shown in the pictures, is there is a major height difference in an area a dragline is needed. Manager Winters said the contractor said he bid the job with the seawalls coming out. It can be done, but it is very difficult. Manager Winters said he cannot recommend approval of this as the District has had problems with trying to tie the sloping and the vertical wall together. Manager Winters further stated that they can put their docks back in after the work is done. Ms. Saunders said there is no erosion after 12 years and they maintain and mow this area and it is pleasing to the eye and they will continue to maintain this area if allowed to keep their seawalls and they are hoping the Board finds it in their heart to allow them to keep what seems to be working already. Alan Saele, 3977 Satin Leaf Court, asked the Board to Page 3 of 7

4 consider if the purpose of this project is erosion control and moving water and maintaining the integrity of the canal and these seawalls maintain the integrity and the intent of the project with consideration to where the rip rap meets the seawall, the erosion in all the time the seawall has been placed is minimal where the embankment meets the corner of the seawall, so if it is possible to achieve the District s goals of moving the water with maintaining their aesthetics behind their homes that is all they are asking for. Manager Winters asked Mr. Saele if the ski jump was his, no it is Mr. Alderman s friend and Mr. Alderman asked for a letter to give to his friend to remove the ski jump. President Kalish asked what the expense will be to the property owners for removing their seawalls. Manager Winter said per the permit the homeowner is required to remove all encroachments and he has spoken to them that if they remove their docks the contractor will pull their pilings and put them on their property. The contractor will also pull the aluminum sheet wall out and it would be difficult to salvage any of it, but they will pull it out at no expense to the property owners, just the removal of the dock. Mrs. Saunders said she would like the Board to consider that it would be quite costly to them because what will be removed they will not be able to reuse, which they will have to put in all new docks and pilings. Not only has the matting been connected successfully in the picture but it will cost them thousands of dollars to put in new docks and pilings. Vice President Weaver said he realizes we have a problem with the District, but there is a group of people that take care of their property and he would hope the District can find some way to work with them and tie into it. There are six seawalls there, four, one and one. Manager Winters said he brought the contractor out there yesterday to see if there was any way he felt he could get around them. Vice President Weaver asked what the difference in the cost of taking it out or leaving it and considering the proper tying in of the two structures. Senior Vice President Whitworth asked if there would be an added cost of leaving them in. Manager Winters said yes, the contractor will need a change order for tying the revetment mat to the seawall and he mentioned that he would not be held responsible for any damage to the vertical seawalls or damage due to them setting after the excavation; he did not feel that his equipment can safely dig above the seawalls. Senior Vice President Whitworth asked what the difference in price would be. Manager Winters said he did not ask the contractor for a price but he will ask if the Board wants him to go back to the contractor for his price and also have the engineer design something new. Senior Vice President Whitworth said if we leave them it will be a cost to the taxpayers, if we take them out we might be saving something and maybe we can help them put their docks back in. The contractor said he will remove them at no expense. Senior Vice President Whitworth made a motion to deny the request as presented. Manager Winters said he will ask the contractor for a price for him to reset the pilings for the owners. Mr. Saunders asked if the contractor can do the work from the other side of the canal. Manager Winters said they are doing the work from both sides. Supervisor Dell said he would like to see them get their dock. President Kalish stated how can the District help them and take care of the District s needs. Attorney Mark Perry said the District has the ability to require the removal of the seawall however, the one thing he has a concern with is we are under contract with the contractor with certain requirements which is, the seawalls are all to be removed. If the Board is thinking about wanting to retain the seawalls, the District has to meet with the contractor to make sure he is willing to modify his contract. If we are thinking about the seawalls staying we need to postpone this for 30 days and meet with the contractor, if we are talking about the seawalls being removed then we are looking at the possibility of working with the property owners to assist and replace the docks after the revetment is put in. Manager Winters said if we postpone this item for 30 days we are delaying the contract and we will be in violation of contract. Manager Winters recommended to the Board to deny the request as presented and direct him to get figures on getting the pilings replaced. Senior Vice President Whitworth made a motion to deny the request as presented. Vice President Weaver seconded and it passed. Supervisor Dell voted nay. Senior Page 4 of 7

5 Vice President Whitworth made a motion to instruct staff, Bill and Mark to work with these people and look at the cost of working around the piling that was there and help them to put their pilings and dock back. Vice President Weaver asked when they take out the seawall; the material is not salvageable, what is the intent of the District to remove it or carry it away? Manager Winters said he has asked the contractor to do his best to take it out so they may have the ability to resell it. Once the seawall is in place it starts to corrode between panels and it is difficult to get out. Vice President Weaver asked, if it is not salvageable after it is taken out then they have a cost of hauling it off. Manager Winters said if they don t want it the District will haul it off for them. Supervisor Dell said he would like to see them stay. Vice President Weaver seconded and it passed. Supervisor Dell voted nay. Jeana Kim, Court Reporter from Esquire Deposition Services was present for the 9:30 A.M. Item, review and possible settlement of Lenrana Garden, as Personal Representative of the Estate of Florene Lee Thomas and Yentine Gordon, as father and natural guardian of Matthew Gordon, a Minor vs. Lake Worth Drainage District and Timothy Welbes. This is a closed session and Manager William Winters asked all staff to leave. President Kalish stated the next item is the closed attorney/client session for discussion of settlement negotiations in reference to the pending lawsuit. The two topics will be: review and possible settlement of Lenrana Garden, as Personal Representative of the Estate of Florene Lee Thomas and Yentine Gordon, as father and natural guardian of Matthew Gordon, a minor vs. Lake Worth Drainage District and Timothy Welbes. The estimated length of time for the attorney/client session is 15 minutes. Present in the closed session; Murray R. Kalish, President, John I. Whitworth, III, Senior Vice President, C. Stanley Weaver, Vice President, Kermit Dell, Supervisor, William G. Winters, Manager/Secretary, Mark A. Perry, Legal Counsel and the court reporter Jeana Kim. At 9:45 A.M the closed portion of the meeting was ended and the meeting was re-opened as an open public meeting. Item I is Co-sponsorship of the Palm Beach County League of Cities 33 rd Annual Barbecue on December 13, Manager William Winters recommended to the Board to co-sponsor and make a donation of $1, The Tri-Cities involved are South Bay, Belle Glade and Pahokee and all the other cities in the County attend also. Supervisor Dell made a motion to approve a co-sponsorship of $1, Senior Vice President Whitworth seconded and it passed unanimously. Item J is the City of Boca Raton Dispute Resolution No , L-49 Canal. A video was shown at this time of the City Council meeting concerning this issue. Manager William Winters explained to the Board that he and Attorney Mark Perry met with the Assistant City Manager and their legal counsel and previously to that Butch Hoffman and Assistant Manager Ronald Crone met with the Assistant City Manager and the Mayor and they walked the properties and their feelings are they would like to have selective clearing. Manager Winters said to the Assistant City Manager and their legal counsel that the District has been told by their staff that there have been rabid raccoons out there and they have had to trap them to get them out. The property owners claim there are rats and snakes there and they claim that the mosquitoes breeding there have the West Nile virus. The City has noticed all the property owners for all of the encroachments there with no permits. The City does not want us to remove the trees. We have sent a notice to the City offering them the City that area east of I-95, south of Yamato Road, the District would deannex it and give it to the City of Boca, give them the canals, and they maintain all of it so we will not have these problems in the future. The City said no, they said it would cost them $680, for them to maintain these canals and the City taxpayers in the area pay $180, and that they want the District to maintain the canals the way the City wants us to. Manager Winters said he has a problem Page 5 of 7

6 with this, he is constantly butting heads with the City of Boca, and he is trying to give everyone the same proper level of flood protection. The City is very adamant about saving what they can out there. Manager Winters said he has talked to Attorney Perry about the District filing suit against the City for not allowing us to do our legislative requirements. The District, by our special act, is supposed to maintain and give flood protection equally. Manager Winters said the next step would be to have a date and time set separate from Lake Worth Drainage District s office and the City s council offices and have the City counsel and the Board meet to discuss this in mediation. President Kalish stated that we offered the canal to them and they said no thank you and now they are thumbing their nose at us and saying they want things only the way they want and anything else we want is no good, he stated he doesn t understand this. Manager Winters said there are 6-8 small oak trees that can be transplanted or left and 6 palm trees that could possibly remain on the south side. The remainder of the material is on the City s noxious vegetation list. The City would like all of it to stay on both sides and take a few out here and there and have us dig it in the dry. Senior Vice President Whitworth asked what needs to be done there. Manager Winters said we need to clear the trees and redig this section of canal. The homeowners are correct that it is a breeding ground for snakes, rats and mosquitoes. From I-95 east and from Yamato Road south we have 9 canals. Attorney Perry said we are now under Chapter 164 of the Florida Statutes, Dispute Resolution between Municipalities, Governmental Agencies and the last time this came up the Board authorized the President to meet with the City Mayor and they walked the property and came up with a negotiated settlement. We are in this 164 process now and are required by statute to act in good faith. One issue that has to be resolved today is what our next step in reference with Chapter 164 is going to be? Attorney Perry said the simplest way to resolve this is to authorize the President and Manager Winters to meet with the Mayor and representatives of the City staff and have a resolution of this. The problem is, the next time this comes up and the District tries to do their job in the jurisdictional boundaries of the City of Boca Raton this will happen again, he would like this process be a little bit more costly to the City. The process is set up so both Boards meet at the same time and air our comments about how we feel about the City and how they are hurting our ability to try to provide water management and drainage in that area. This not only affects the City of Boca Raton but it affects our whole system. Attorney Perry said in conversations with Terry Lewis the District s outside legal counsel, Mr. Lewis suggested having legislation passed to force this issue and deannex this area and do it legislatively. Another thing that could occur is maybe try to work out an Interlocal Agreement to authorize staff members to meet to resolve the issue at any other disputed locations. Manager Winters said he asked the City to give us a list of their demands and they agreed to give it to us before this meeting and they have not done so yet. By the City doing this, every municipality in this District can do the same thing if we do anything, not just tree removal within their jurisdiction, that is why this County has an Intergovernmental Coordination Group and the City did not take this matter before them. Vice President Weaver made a motion that the attorney, President and manager be authorized to meet with the mayor and their staff of Boca Raton to see if this problem can be resolved. Senior Vice President Whitworth amended the motion to include an outside party there. Attorney Perry suggested Terry Lewis be there. Senior Vice President Whitworth agreed to amend his motion to include Terry Lewis being there. Supervisor Dell seconded and it passed. Item K is discussion of Holiday bonuses. Manager William Winters asked the Board to consider, as they have in the past, give the employees a holiday bonus. Vice President Weaver made a motion to approve the bonuses as they have in the past as to the schedule as presented. Supervisor Dell seconded and it passed. Page 6 of 7

7 Supervisor Dell said that Manager Winters told the Board members that if they attended any meetings pertaining to the District to make a report on it and they would get paid for attending. He did not think that political meetings were included, maybe this should be explained to the other members of the Board, they may not know this. Manager Winters said maybe the Board needs to set some guidelines. The Board has always tried to not involve the Board in political issues. Manager Winters further stated that the Board members, when they attend a meeting, need to bring it before the Board and explain what went on at the meeting and then the Board can decide whether to approve that meetings for payment or not. Manager Winters offered to explain this to Supervisor Goodlett. There being no further business, the meeting adjourned at 10:50 A.M. President Senior Vice President Vice President Supervisor Supervisor Recording Secretary Page 7 of 7