PAL-MAR WATER CONTROL DISTRICT

Transcription

1 PAL-MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING FEBRUARY 1, :00 A.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA PAL MAR WATER CONTROL DISTRICT Old Jupiter Town Hall 1000 Town Hall Avenue Jupiter, FL REGULAR BOARD MEETING February 1, :00 a.m. A. Call to Order B. Proof of Publication.Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Approval of Minutes 1. November 2, 2017 Regular Board Meeting...Page 3 F. Status Reports 1. Legal Status Report.Page Engineer Status Report Page Field Maintenance Report 4. District Manager Report G. Old Business H. New Business 1. Discussion Regarding Failure of Supervisor to Attend Meetings.. Page Discussion Regarding Water Control District Assessments..Page Consider Approval of Initiation of Water Control Plan/Procedure...Page 23 I. Administrative Matters 1. Financial Report.Page Consider Invoices...Page 26 J. Comments from the Public for Items Not on the Agenda K. Board Member Comments L. Adjourn

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5 PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 2, 2017 A. CALL TO ORDER Chair Commissioner Hal Valeche called the November 2, 2017 Regular Board Meeting of the Pal Mar Water Control District to order at 10:04 a.m. at the Old Jupiter Town Hall, 1000 Town Hall Avenue, Jupiter, Florida B. PROOF OF PUBLICATION Proof of publication was presented to show that notice of the Regular Board Meeting and Public Hearing was published in the Palm Beach Post and in the Scripps Treasure Coast on October 19, 2017, as legally required. C. ESTABLISH QUORUM A quorum was established: Supervisor Commissioner Hal Valeche Present Commissioner Sarah Heard Absent H. Gearl Gore Present Bob Berman Present Kathryn LaMartina Absent Staff members in attendance: District Manager Michael McElligott Special District Services, Inc General Counsel Mary Viator Caldwell & Pacetti, P.A District Engineer Bob Higgins Higgins Engineering, Inc Field Maintenance Supervisor T.J. Mansell Mansell Land Services Also in attendance: Lew Lolmaugh Chayne Cottrell Cory Beaton D. ADDITIONS OR DELETIONS TO THE AGENDA Commissioner Valeche asked to add a discussion regarding the continued absence of board member Kathy LaMartina and what the Pal-Mar board should or can do about it. There being no objection, a discussion proceeded. Commissioner Valeche asked if there was an official attendance policy adopted by the Pal-Mar board. District council Mary Viator answered that no, there is not. 1 Page 3

6 PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 2, 2017 Commissioner Valeche also asked if the seat occupied by Kathy LaMartina is established and filled according by statue and has to be filled by a SFWMD representative, or if it is a regularly elected landowner seat. Mrs. Viator answered that it is a regular landowner seat. Commissioner Valeche asked if Kathy LaMartina had reached out to the district regarding her absences. Mr. McElligott answered that district manager s office has received no s responses one way or the other when inquiries have been sent Mrs. LaMartina regarding her attendance at upcoming meetings. Commissioner Valeche then recommended the board direct staff to craft a letter to send to Mrs. LaMartina requesting he interest in remaining on the Pal-Mar board and include such language that the absence of a response would indicate to the board her lack of interest to remain on the Pal-Mar board. Mr. Gore asked what the process would be to create an attendance policy. Mr. Gore stated that he felt it was hard for the board to be as effective when not at full strength. Mrs. Viator said that to create the policy would require changing or special act with the state legislature. To remove Mrs. LaMartina would require action from the governor. Commissioner Valeche also asked about the status of the SFWMD nonpayment of Pal- Mar assessment. Mrs. Viator indicated that topic is part of her legal status report coming up. E. APPROVAL OF MINUTES 1. July 13, 2017 Reconvened Regular Board Meeting The minutes of the July 13, 2017, Reconvened Regular Meeting were approved, as presented, on a motion made by Mr. Berman, seconded by Mr. Gore. The motion carried unanimously. F. STATUS REPORTS 1. Legal Status Report Commission Valeche had brought up the status of SFWMD nonpayment of Pal-Mar assessments. Mrs. Viator explained that while SFWMD did not pay the Pal-Mar assessments, that Martin County, and a few tax certificate purchasers, paid the Pal-Mar assessments due from SSFWMD. So as far as Pal-Mar is concerned they are paid, just not by SFWMD. The district engineer, Mr. Bob Higgins, did point out that SFWMD does not have the payment for the assessments in their budget and that we do not know if Martin County will pay the assessment for SFWMD again in the future. Mr., Bob Berman brought up that while Marin County did pay some of SFMWD Pal-Mar assessment some tax certificate were sold. Some purchased by private land owners and 2 Page 4

7 PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 2, 2017 few purchased by Martin County. Mr. Berman said that as long as these certificate go up for sale every year then the system works and Pal-Mar will be able to operate as normal. Mr. Berman said one issue to address is the fact that while Martin County put the certificates up for sale, Palm Beach County did not. Commissioner Valeche asked about the certificate process and when title could change. Mr. Berman explained that after being held for 2 years the certificate holder could request the property be sold at which anyone could bid on the property, not just the certificate holder. Mrs. Viator did mention that there are some questions regarding forcing the sale on government land so we would have to wait to see when it gets to that point how that proceeds. Mr. Valeche asked how far back nonpayment on the TIITF land goes. Mr. Berman indicated that the nonpayment for TIITF goes back to 2007, and Mr. McElligott agreed. Commissioner Valeche indicated that it would be best for the long term viability of Pal- Mar for the owners of Pal-Mar land be someone who is going to pay their assessments and if that can be achieved through the tax certificate process we should ask Palm Beach County to sell the tax certificate just as Martin County did. In our communication we should mention that it is in the best interest of Pal-Mar property owners to allow for tax certificate sales, and that Palm Beach County themselves are Pal-Mar property owners. A motion was made by Mr. Berman, seconded by Mr. Gore to direct staff to send a letter to the Palm Beach County Tax Collector and/or Palm Beach County Property Appraiser to ask them to speak with Martin County to see how Palm Beach County could also sell the tax certificate on the land in Pal-Mar where assessments were delinquent just as Martin County did. The motion carried unanimously. To finish up her legal status report Mrs. Viator did inform the board that she did send a letter to SFWMD in September indicating our position that SFWMD put Pal-Mar assessments in their budget and that Pal-Mar reserves our rights to pursue this issue. Commissioner Valeche asked if there was update regarding TIITF nonpayment. Mrs. Viator indicated there is nothing new to report and that at this point one of Pal-Mar s only options would be to pursue the Mandamus route which is expensive, especially considering the other current issues. 2. Engineer Status Report Mr. Higgins reported that he is continuing to monitor FDEP action plan to make sure there are no adverse effects to Pal-Mar. Mr. Berman asked if Mr. Higgins was aware of the project Martin County is doing on the old Culpepper Ranch lands and if there is any effect on Pal-Mar landowners with regards 3 Page 5

8 PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 2, 2017 to outfall. Mr. Higgins is aware of the project and said Martin County did share their plans for the project with him as Pal-Mar engineer. Mr. Higgins said after his review of the plans the project does not affect the landowners of Pal-Mar. Mr. Berman asked if they had to obtain all of the regulatory permits and approvals just as anyone else would. Mr. Higgins replied that yes, and that Martin County has already secured them. Mr. Berman asked that Mr. Higgins do a field inspection of the Martin County project effects on Pal- Mar lands to make sure Martin county is following what they provided in the plan because Mr. Berman had received comments from land owners that there seemed to be more water than there has been and they were not sure if it was due to high rain fall or this project. Members of the public Mr. Lolmaugh and Mr. Beaton both asked questions and voiced concerns regarding this Martin County project in the old Culpepper Ranch land regarding possible water back up also. 3. Field Maintenance Report T.J. Mansell reported that he has observed excess water but that he believes it is related to the Beeline Road project and the sentiment covers used on the culverts slowing down flow. Mr. Mansell said this is the wettest he s seen it as long as he s been here since Mr. Mansell also indicated that he requested and received the mowing quote from the mowing. The work might be done a little later than usual because of all the extra rain causing everything to be wetter than normal. Mr. Mansell also voiced some concern regarding surveys being done in the district. Mr. Mansell is worried that the surveys are being done in preparation for the land being sold and the potential new owner is known for setting up off-roading parks and things like that which could damage the works of the district. Mr. Berman suggested that the district send out additional information to the landowners explaining what is not acceptable. Also, he suggested that Mr. Mansell look at the gates and choke points where we could make improvements and add additional signage to deter people. 4. District Manager Report Mr. McElligott did confirm we received the mowing bid and it came in the same as previous years. 4 Page 6

9 PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 2, 2017 G. OLD BUSINESS None. H. NEW BUSINESS 1. Consider Resolution No Ratifying the Adopting Setting the Fiscal Year 2017/2018 Regular Meeting Schedule and Location Mr. McElligott presented Resolution No , entitled: RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PAL-MAR WATER CONTROL DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2017/2018 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE. There was a motion made by Mr. Berman to approve Resolution No Setting the Fiscal Year 2017/2018 Regular Meeting Schedule and Location, seconded by Mr. Gore. The motion carried unanimously. 2. Consider Resolution No Ratifying the Adoption of the Fiscal Year 2017/2018 Budget & Non-Ad Valorem Assessment Roll Mr. McElligott presented Resolution No , entitled: RESOLUTION NO A RESOLUTION OF THE PAL-MAR WATER CONTROL DISTRICT ADOPTING THE DISTRICT FISCAL YEAR 2017/2018 BUDGET AND NON-AD VALOREM ASSESSMENT ROLL AS PROVIDED HEREIN: AUTHORIZING THE LEVYING OF THE NON-AD VALOREM ASSESSMENTS FOR THE DISTRICT AND APPOINTING AN AUTHORIZED REPRESENTATIVE OF THE DISTRICT FOR CERTIFICATION OF THE DISTRICTS NON-AD VALOREM ASSESSMENT ROLL. 5 Page 7

10 PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 2, 2017 A motion was made by Mr. Berman, seconded by Mr. Gore to adopt Resolution No as presented. The motion carried unanimously. 3. Consider Resolution No Adopting a Fiscal Year 2016/2017 Amended Budget Mr. McElligott presented Resolution No , entitled: RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PAL-MAR WATER CONTROL DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2016/2017 BUDGET, PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE. A motion was made by Mr. Berman, seconded by Mr. Gore to adopt Resolution No as presented. The motion carried unanimously. 4. Annual Audit Consider and Approve Renewal Option Grau & Associates. Mr. McElligott explained that the original agreement signed by the district for auditing services with Grau & Associates was a 3 year contract with a 2 year renewal option. The original 3 year term is up and Mr. McElligott presented the board with the 2 year renewal option. Mr. McElligott explained that staff has been happy with Grau & Associates performance and recommends picking up the 2 year renewal option. A motion was made by Mr. Berman, seconded by Mr. Gore to approve the 2 year renewal option with Grau & Associates. The motion carried unanimously. I. ADMINISTRATIVE MATTERS 5. Financial Report Mr. McElligott stated the current financials are basically the same information presented in the amended budget discussion. No action required. 6. Consider Invoices The invoices were approved, as presented, on a motion by Mr. Berman, seconded by Mr. Gore. The motion carried unanimously. 6 Page 8

11 PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 2, 2017 J. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA Mr. Lolmaugh asked about the status of the culvert on Cory Beaton s property. Mr. Higgins stated that it does not appear that culvert is doing any harm to Pal-Mar so he does not think it is necessary to spend money to remove it. Mr. Higgins did say that if Mr. Beaton adds additional drainage that affects Pal-Mar there would need to be an agreement with Mr. Beaton to pay for the benefit since he is outside the district and does not pay Pal-Mar assessments. Mr. Berman agreed that there is no reason to spend funds to remove the culvert if there appears to be no harm. Mr. Berman also agreed that if there is additional drainage planned by Mr. Beaton that as a landowner outside the district boundaries benefiting with drainage in to Pal-Mar, he should sign an agreement to pay for that benefit or be annexed into the district and pay assessments. Mr. Beaton stated that leaving the culvert in or taking it out makes no difference, that it serves more as an equalizer. Mr. Lolmaugh then replied that if there landowner agrees that leaving the culvert in or taking it out makes no difference he thinks it should be removed. Mr. Lolmaugh feels this issue has dragged on too long and that it is the districts responsibility to protect Pal-Mar land owners from water coming onto Pal-Mar land that is draining off land outside of Pal-Mar. Mr. Lolmaugh fears that if we let Mr. Beaton drain into Pal-Mar from outside the district, it could open it up to more landowners outside of Pal-Mar draining into Pal-Mar in the future. Mr. Lolmaugh also brought up the gate with a lock on Mr. Beaton s property that is also on a district easement. Mr. Lolmaugh fears if the district allows Mr. Beaton to do this, other landowners will start to do this also. Mr. Lolmaugh feels that gate should be removed. Mr. Beaton stated that he did not install the gate in question, if was installed previously, that Mr. Beaton simply fixed the old gate. Mr. Beaton also stated that the gate is permitted. Mr. Lolmaugh stated that he does not believe there are any landowner gates permitted to be on Pal-Mar works. Mr. Beaton explained that the right of way is for the Pal-Mar board only, that it is not a general public right of way. Mr. Beaton also stated that he has given the gate access to the board of Pal-Mar so that they may go through the gate whenever needed. Commissioner Valeche recommended that staff review the minutes to see if the board previously recommended action regarding the culvert on Mr. Beaton s land and then the board can decide on any action needed. Mr. Viator asked Mr. Beaton to supply her with the gate permit so that she can review that matter. K. BOARD MEMBER COMMENTS Mr. Berman introduced a few Pal-Mar land owners from the public in attendance, he also referenced a few more landowners who were not present, but that Mr. Berman represents the interest for. All the mention landowners own land in a specific area in Pal-Mar adjacent to Beeline Highway. Mr. Berman present a map that shows 16 properties in this 7 Page 9

12 PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING NOVEMBER 2, 2017 are, of which 11 are represented by the landowners he mention. Mr. Berman asked that the board approve the creation of a Unit of Development for these properties. Mr. Berman stated that the landowners are aware that any cost associated with the creation of the Unit of Development would be the responsibility solely of those landowners. Mrs. Viator stated that this type of request would need to be a specific agenda item at a future board meeting and that there were some other steps involved to be able to have the board vote on the proposal. Mr. Berman understood and asked Mrs. Viator for help with getting the specific forms to move forward. Mr. Berman also present some other maps related to a proposal to engage with the government land owners of Pal-Mar on a proposed land swap so that privately owned land would be contiguous and government owned land would be contiguous instead of all lands being intermingled as it is currently. Mr. Berman stated there are benefits to all parties in this proposal. Mr. Berman stated that there was no action needed from the board regarding this proposal. Mr. Berman simply wanted the board to be aware of the proposals potential benefits to all landowners. L. ADJOURN There being no further business to come before the Board, at 11:23 am a motion to adjourn the meeting was made by Mr. Berman, with a second by Mr. Gore. The motion carried unanimously Secretary/Assistant Secretary Chair/Vice-Chair 8 Page 10

13 MANLEY P. CALDWELL, JR. KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR WILLIAM P. DONEY FRANK S. PALEN JOHN A. WEIG OF COUNSEL BETSY S. BURDEN RUTH P. CLEMENTS CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP ATTORNEYS AT LAW ONE CLEARLAKE CENTRE 1555 PALM BEACH LAKES BLVD. SUITE 1200 WEST PALM BEACH, FLORIDA PARALEGAL EMILIE PEARSON, CP TELEPHONE: (561) TELECOPIER: (561) Legal Status Report TO: FROM: Board of Supervisors Pal-Mar Water Control District Caldwell Pacetti Edwards Schoech & Viator DATE: January 19, 2018 RE: Legal Status Report for the February 2, 2018 Board of Supervisors Meeting The following is a summary of the work in progress and status thereof for the Pal-Mar Water Control District: (1) Coordinated with the District re: Administrative Issues (2) SFWMD Budget Issues (a) Follow Up Coordination Regarding Collection of SFWMD s Non-Ad Valorem Assessments (b) Coordinated with Martin County Regarding SFWMD s Non-Ad Valorem Assessments (3) Martin County/Coordinated, Researched and Followed Up Regarding Martin County s Position on Water Control District Assessments (4) Supervisor Failure to Attend Meetings (5) Water Control Plan Procedures Page 11

14 ENGINEER STATUS REPORT TO BE DISTRIBUTED UNDER SEPARATE COVER Page 12

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18 CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP MANLEY P. CALDWELL, JR. KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR WILLIAM P. DONEY FRANK S. PALEN JOHN A. WEIG OF COUNSEL BETSY S. BURDEN RUTH P. CLEMENTS ATTORNEYS AT LAW 1555 PALM BEACH LAKES BLVD. SUITE 1200 WEST PALM BEACH, FLORIDA MEMORANDUM PARALEGAL EMILIE PEARSON, CP TELEPHONE: (561) TELECOPIER: (561) DATE: January 22, 2018 TO: FROM: RE: Board of Supervisors, Pal-Mar Water Control District Mary M. Viator, Esq. Pal-Mar Water Control District s Response to Martin County re Proffered Refusal to Pay Assessments This is a response to Martin County regarding its proffered refusal to pay future assessments to Pal-Mar Water Control District. AUTHORITY OF PAL-MAR TO ASSESS COUNTY PROPERTY Section (1), F.S., expressly authorizes water control districts to assess state lands: The benefits, and all lands in said district belonging to the state, shall be assessed to, and the taxes thereon shall be paid by, the state out of funds on hand, or which may hereafter be obtained, derived from the sale of lands belonging to the state. This provision shall apply to all taxes in any district including maintenance and ad valorem taxes, either levied under this or any other law, and to taxes assessed for preliminary work and expenses, as provided in s , as well as to the taxes provided for in this section. It is therefore clear that the Legislature made state lands subject to Chapter 298 special assessments pursuant to the provisions of the above-cited statute. This statute further applies to counties under Florida law since counties are political subdivisions of the State under Section 1(a), Article 8 of the Florida Constitution. Counties comprise the State along with the other entities expressly recognized in the Florida Constitution. Canaveral Port Authority v. Department of Revenue, 690 So.2d 1226 (Fla. 1996). What comprises the state is thus limited to counties, entities providing the public system of education, and agencies, departments, or branches of state government that perform the administration of the state government. Id. at See Page 16

19 Page 2 also Markham v. Broward County, 825 So.2d 472, 473 (Fla. 4th DCA 2002). Counties, unlike municipalities, are organized political subdivisions of state and constitute part of machinery of state government Kaulakis v. Boyd, 138 So.2d 505 (Fla. 1962). As a component part of the State, county-owned land is immune from ad valorem taxation. See Canaveral Port Authority at p Such immunity does not include nonad valorem assessments. Therefore, where the Legislature has expressly declared state lands subject to non-ad valorem assessments, the counties, too, are subject to such assessments. If counties are not part of the state, they would lose their immunity from ad valorem taxation under Canaveral Port Authority. There is thus no rationale for distinguishing between county land and state land in this context; therefore, county lands are subject to Pal-Mar Water Control District s non-ad valorem assessments. In addition, the County is not accurately stating the holdings in its cited West Villages Improvement District special assessment cases. West Villages Improvement District v. North Port Road and Drainage District, 36 So.3d 837 (Fla. 2d DCA 2010), the Florida 2d DCA case, held that the municipal dependent special district could not lawfully impose its special assessments on West Village's real property without statutory authorization pursuant to the Florida Supreme Court case of Blake v. City of Tampa, 156 So. 97 (Fla. 1934). The term "sovereign immunity" is not stated in this case, nor is the proposition that sovereign immunity from taxation extends to non-ad valorem assessments, as stated by the Martin County Assistant County Attorney. In fact, North Port Road and Drainage District v. West Villages Improvement District, 82 So.3d 69 (Fla. 2012), the Florida Supreme Court case, approved the 2d DCA's holding, but not based on the cited Blake case, but rather because the municipal dependent special district's special assessments fall within the statutory limitations on municipal home rule powers. Therefore, it seems that Martin County is not accurately representing the holdings in these cases. ASSESSMENTS FINAL AND CONCLUSIVE Pursuant to the procedures set forth in Section , F.S., the District s assessments were properly levied as part of adoption or amendment of a water control plan, including but not limited to notice to the County and landowners, with an opportunity to object. Subsection (8) specifically requires [a]ll objections and proposed revisions to the engineer s report, water control plan, or plan amendment to be heard and determined by the board of supervisors at the public hearing so as to carry out liberally the purposes and needs of the district. Subsection (9) then provides that [t]he assessments so established are final and conclusive as to all land assessed, unless within 30 days after approval and confirmation of the engineer s report an action for relief is brought in a court of competent jurisdiction Unless such an action is commenced within the 30-day period, the assessment set forth in the engineer s report is final and nonappealable as to such land. No objections nor judicial action was timely filed by the County pursuant to this statutorily mandated process. Therefore, any right to object or seek judicial review of the subject assessments has been waived and such assessments are final, conclusive, and nonappealable. Page 17

20 Page 3 NO AUTHORITY TO WAIVE OUTSTANDING ASSESSMENTS Even if the Pal-Mar Water Control District was to wish to waive or forgive its assessments against Martin County, it has no legal authority to do so. Attorney General Opinion No specifically concludes that Pal-Mar Water Control District is not authorized to waive or forgive unpaid delinquent special assessments levied against property within the District. This opinion states that unlike counties and municipalities, water control districts possess no inherent or home rule powers but may exercise only those powers and authority as have been granted by law. They may thus not waive or forgive non-ad valorem assessments that have been lawfully and correctly levied. MANDAMUS IS APPROPRIATE ENFORCEMENT REMEDY In State ex rel. Bd. Of Sup rs of South Fla. Conservancy Dist. v. Caldwell, 35 So.2d 642 (Fla. 1948), the Florida Supreme Court stated that mandamus is the proper method of enforcing payment when [public] lands are subject to taxation. The Court went on to state: Property owned by a county, and held for public purposes, cannot be sold to satisfy the lien of an assessment. Payment of such assessment is to be enforced by proceedings in mandamus, to compel the officers of a county to pay the amount of the assessment out of the county funds. Id. The Court also held in Hunt v. Bd. of Com rs of Everglades Drainage Dist., 37 So.2d 534 (Fla. 1948) that the proper method to enforce payment of taxes on public lands was by mandamus. CONCLUSION Section (1), F.S., clearly gives Pal-Mar Water Control District express legal authority to impose special assessments against state lands, which in turn includes County-owned lands since Counties are political subdivisions of the state and comprise the State under the Florida Constitution. The holdings in the West Villages cases cited by Martin County do not expressly support the County's position that sovereign immunity provides protection from the District's special assessments. The County has waived any right to object or seek judicial review pursuant to the water control plan procedures set forth in Section , F.S. In any event, Pal-Mar Water Control District is without legal authority to waive or forgive lawfully imposed special assessments. Finally, mandamus is the appropriate legal remedy to enforce payment of such assessments on public lands. It is important to note that if the public entities owning land within Pal-Mar Water Control District refuse to pay the lawfully imposed assessments, there will be inadequate funds to continue to pay for the services that have been provided to protect these lands which have been acquired for public benefit. Page 18

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25 CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP MANLEY P. CALDWELL, JR. KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR WILLIAM P. DONEY FRANK S. PALEN JOHN A. WEIG OF COUNSEL BETSY S. BURDEN RUTH P. CLEMENTS ATTORNEYS AT LAW 1555 PALM BEACH LAKES BLVD. SUITE 1200 WEST PALM BEACH, FLORIDA MEMORANDUM PARALEGAL EMILIE PEARSON, CP TELEPHONE: (561) TELECOPIER: (561) DATE: January 19, 2018 TO: FROM: RE: Board of Supervisors Pal-Mar Water Control District Mary M. Viator Pal-Mar Water Control District Initiation of Water Control Plan/Procedure This Memorandum addresses the procedures for establishing a Water Control Plan for a new Unit of Development in Pal-Mar Water Control District. Section 3(2), Chapter , Laws of Florida, prohibits the Board from creating a unit of development unless the owners of a majority of acres within the unit express their desire, in writing or by referendum or by certified mail, to have the water control system developed. This provision does not require the Board to grant such a request, but it does require such a request to be made before the Board may proceed. Section , F.S., provides that the Board may designate areas as separate units which must be created as a part of and through the adoption of a water control plan. Should the Board create a unit of development, a water control plan or amendment must be adopted as part of the unit creation process. This process under Section , F.S., specifically requires the fixing of the number, location, area and boundaries of the lands to be included in the unit, the type and amount of work required in the unit and the order of development, and the method of carrying on the work in the unit. Once these approvals are sufficiently obtained, the procedures for unit of development contained in Section , F.S., must be followed which includes the creation of the new Unit of Development and requires the adoption of a water control plan. Page 23

26 Page 2 The procedure to adopt a water control plan or amendment includes the following: a) The Engineer submits the proposed Plan at a Board of Supervisors Meeting at which time the Board adopts the Resolution to consider the Plan. b) A Notice of Public Hearing on the Proposed Plan is published. (Once a week for three (3) consecutive weeks.) c) The Plan is delivered to South Florida Water Management District for review and comment. d) Chapter , Florida Statutes, Notices are issued. They are then mailed to the landowners, South Florida Water Management District, the County and any municipality in which District is located. e) There is a Public Hearing on the Plan. Following the Hearing, the Board would direct the Engineer to prepare the Engineer s Report. f) The Engineer s Report is filed with the Secretary of the District following its completion. g) A Notice of the Public Hearing of Filing the Engineer s Report and Plan is published. (Once a week for two (2) consecutive weeks.) h) A Public Hearing is held on the Report and Plan. South Florida Water Management s comments are considered. i) The Board of Supervisors will consider approval of the Report and Plan. Please let us know if you have any questions concerning the above. Page 24

27 Pal Mar Water Control District Budget vs. Actual October through December 2017 Oct - Dec 17 Budget $ Over Budget % of Budget Ordinary Income/Expense Income O & M Assessments 27, , , % Assessment Fees , , % Assessment Discounts -1, , , % Interest Income % Total Income 26, , , % Expense Payroll Taxes (Admin) % Supervisors Fees , , % Engineering 9, , , % Management Fees 6, , , % Legal Fees 1, , , % Assessment/Tax Roll , , % Audit Fees , , % Insurance 5, , % Legal Advertisements , , % Miscellaneous , , % Postage and Delivery , , % Office Supplies , , % Website Management Fee , , % Dues, License & Subscriptions % Contingency , , % Contract Labor - Maint/Security 6, , , % Maintenance Contingency , , % Repairs & Maintenance , , % Mowing , , % Total Expense 32, , , % Net Income -5, , % Bank Balance As Of 12/31/17 $ 88, Investment Acct Balance As Of 12/31/17 $ 118, Accounts Payable As Of 12/31/17 $ 12, Accounts Receivable As Of 12/31/17 $ - Total Fund Balance As Of 12/31/17 $ 195, PM Budget vs Actual December 2017 Page 25

28 4:41 PM 01/19/18 Accrual Basis Pal Mar Water Control District Custom Transaction Detail Report October 26, 2017 through January 19, 2018 Type Date Num Name Memo Paid Due Legal Fees Caldwell Pacetti Edwards Schoech & Viator Check 12/01/ Caldwell Pacetti Edwards Schoech & Viator 8, Invoice 01/04/ Caldwell Pacetti Edwards Schoech & Viator 3, Total Caldwell Pacetti Edwards Schoech & Viator 8, , Advertising Cox Media Group Check 11/08/ Cox Media Group FY 17/18 Reg Mtg Schedule Acct# Invoice# Total Cox Media Group Treasure Coast Newspapers Check 12/01/ Treasure Coast Newspapers Total Treasure Coast Newspapers Miscellaneous Board of County Commissioner Check 11/08/ Board of County Commissioner VC DYS Total Board of County Commissioner Department of Economic Opportunity Check 11/08/ Department of Economic Opportunity Inv# FY Special District Fee Total Department of Economic Opportunity Ruth Pietruszewski, Tax Collector Check 12/01/ Ruth Pietruszewski, Tax Collector Total Ruth Pietruszewski, Tax Collector Engineering Fees Higgins Engineering, Inc. Check 01/02/ Higgins Engineering, Inc. Job No Invoice 1276 Sept 16, 2017 to Nov 15, , Check 01/11/ Higgins Engineering, Inc. Job No Invoice 1288 Nov 16, Dec 15, , Total Higgins Engineering, Inc. 9, Landscape Fees Mansell Land Mgt, LLC (monthly) Check 11/01/ Mansell Land Mgt, LLC (monthly) Monthly Mainteance for NOV , Check 12/01/ Mansell Land Mgt, LLC (monthly) Monthly Mainteance for DEC , Check 01/02/ Mansell Land Mgt, LLC (monthly) Monthly Mainteance for JAN , Total Mansell Land Mgt, LLC (monthly) 6, Management fees Special District Services, Inc. Check 11/01/ Special District Services, Inc. Invoice for Oct , Check 12/01/ Special District Services, Inc. Invoice for Nov , Check 01/02/ Special District Services, Inc. Invoice for Dec , Total Special District Services, Inc. 6, TOTAL 32, , Page 26 Page 1 of 1