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Commissioner Eggert understood that the swale had been deepened in the last few months. Mrs. Mesec pointed out that if it had been deepened, it still had not been adequate to handle the flow of water from the heavy rainfall during the holidays. Director Davis advised that staff feels that the swale between the properties is adequate. It does meet the definition of a swale as established by the DER. A topographical survey shows that the Swale is there and will do the job unless we have a situation like we had in 1982 when we had over 70" inches of rainfall. Chairman Scurlock asked how deep it would have to be to handle that situation, and Director Davis said that he did not think the Board would want it that deep. He felt the solution would be to manage the upstream properties in Sebastian, but staff has not been able to reach the owner, Mr. Alexander Boehm, by letter or telephone. Staff has discussed this problem with several officials of the City of Sebastian, but understand that Mr. Boehm does not have any plans to develop the property at this time. Mrs. Mesec advised that she has the address and telephone number of the attorney representing the owner of that property. Commissioner Bowman agreed that the problem is the sheet flow coming in from the City of Sebastian and felt that if that problem were alleviated, these people would not have any problems. Commissioner Bird pointed out that in the meantime Mrs. Mesec and others have chosen to develop their homes in the middle of a sheet flow situation, and he did not know if the Board had the ability to go back and correct those problems. Chairman Scurlock understood that the swales can be dug deeper if Mrs. Mesec wishes to pay for it. Mrs. Mesec felt it was the contractor's responsibility, but Director Davis pointed out that the contractor has satisfied the 29 BOOK 67 0 FEB 2;4 1987