COMPLETE LIST OF REPRESENTED AMICI

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1 Jupiter Farms Residents P.O. Box 2543 Jupiter, FL October 6, 2015 District Attorneys: Terry E. Lewis & William G. Capko South lndian River Water Control District Jupiter Farms Road Jupiter, FL Amicus Curiae regarding Robert Berman s Objection to election COMPLETE LIST OF REPRESENTED AMICI Matthew Gitkin Melinda Kessler Seeman Kristen Atwood Jennifer Kerlin Melissa Dunlap Warren Chalkley Christina Tarr Sarah Gremillion Kevin Raub This matter is crucial to the immediate needs and future of SIRWCD. As residents and elected civic community representatives, amici share a concern for procedural equity, fairness, and a timely resolution to the matter; thereby not delaying the seating of the newly elected SIRWCD Board of Supervisors and by not granting credence to the objection nor objector, in the hopes of discouraging this manner of behavior in the future.

2 Moreover, this matter presents the Board and counsel with an opportunity to reiterate that while compliance with the plain language of the statute is required, review of language made in connection with the election process is not devoid of considerations of fundamental fairness. As the duly elected Board of Directors, who are not a party to this matter, Jupiter Farms Residents would like to offer an opinion and information, which we believe bears on the matter, but who have not been solicited by any of the parties involved. We would like to address the complaints and objections in a point by point manner and remind the Board of Supervisors and their counsel that the election regulations have been interpreted in the context of the statute, and that their application has been appropriate and has complied with the plain language of the state law. Objection Point 1. ) Failure to convene an annual meeting and failure to conduct an election. Mr. Berman cites his September 21 letter Re: Gathering of landowners at 7:00 P.M. Even a cursory perusal of the minutes of the September 17, 2015 Board of Supervisors/Landowners Meeting will show that although the Board of Supervisor s meeting may have been gaveled into session shortly after 7PM; the Landowner s Meeting was gaveled into session well after the announced 7:30PM start time. Objection Point 2. ) Use of unapproved ballots with a last minute change in ballot language that favored certain candidates. The change in language was demanded by those candidates favored by the change and the change was made without the express approval of the Board of Supervisors. We are unsure whether Mr. Berman is objecting to the wording on the ballots or the addition of the words Official Ballot on the returning envelope. Either way, there is no merit for the objection. Mr. Berman used a copy of the sample ballot in his campaign materials even prior to the ballot being sent out (August 14, 2015); proving that he had no basis for complaint of it being unfair. In fact, it was Mr. Berman s use of this sample ballot (inclusive of the SIRWCD logo) that prompted SIRWCD s council to delay the ballot s mailing (August 17, 2015). It was also SIRWCD council s response to add the Official Ballot notation on the envelopes, in response to Mr. Berman s use of the sample ballot. The sense of timeliness comes into play here; Mr. Berman may not cry

3 foul on wording some two months after the fact. He may not use the ballot of electioneering one day and protest its wording the next. Objection Point 3. ) This letter shall also serve as formal complaint and demand to canvas[sic] the ballots that were returned to the Supervisor of Elections for any irregularities in the voting including misrepresentation. We would, in fact, not only welcome, but encourage this action by counsel. But we also remind the arbiters that knives can cut two ways. It has come to our attention that there is/was several unanswered questions regarding the legitimate candidacy of both Rick Lee and Tom Rice (please see Objection Point 4). Objection Point 4. ) Any additional complaints that may arise from further on going investigations Being that Mr. Berman desires to include Any complaints that may arise from further on going investigations, the Jupiter Farms Residents Board of Directors would like the following information and supporting documentation pursued, scrutinized and acted upon by counsel when deemed necessary. Rick Lee Eligibility Concerns: According to the statutory residency requirement, to be eligible for candidacy, Mr. Lee affirmed with SIRWCD, that his place of residency was th Pl. N located West of the C18 canal in Jupiter Farms. On a property with one, Virginia A Richardson listed with the county as owner (see attachment A). It is common knowledge that Mr. Lee does not reside at the aforementioned address. The address is occupied by a Bonnie Richardson Jezowski and her husband. It is unknown if Mr. Lee informed the Jezowski s that he would be using their address for candidacy purposes and it is unknown if Mr. Lee is even an acquaintance of the Jezowski s. Following this trail, the owner of the above mentioned property, Virginia A Richardson, whose signature is a matter of public record on two recorded documents with Palm Beach County (Distributive Deed DRB Pg 1295 and Trustee s Deed CFN ) [see attachments B & C]. Although dated 2000 and 2010, respectively, the signatures are virtually identical. Now, we d ask these two signatures to be compared to Ms. Richardson s signature on Mr. Berman s submitted Landowners Proxy (see attachment D.) and draw your own conclusions.

4 Also, we maintain that Rick Lee is, was and has been ineligible during this entire process, collecting a Homestead Tax Exemption on his home, east side of the C18 canal in Palm Beach Country Estates at th Ct. N (see attachment E). In addition, Mr. Lee s Florida For Profit Home Business (The Decorative Surfacing Group, Inc.) is also listed with the State of Florida as being registered to his Palm Beach County Estates address (see attachment F). We take this opportunity to remind counsel that in the State of Florida, home businesses must be registered to an owner s place of residency. If Mr. Lee maintains that he resides at the Jupiter Farms address; he is lying to the State of Florida Division of Corporations and the County of Palm Beach Property Appraiser. If he maintains that he is residing in County Estates; he is lying to SIRWCD and to the Division of Motor Vehicles (see attachment G). It would be beneficial for voters district wide if it could be determined to what bodies of government Mr. Lee is currently being dishonest with. It is with this mind that Rick Lee was ineligible for candidacy from the onset. It is the feeling of the Board of Jupiter Farms Residents that, should Mr. Berman s objection be deemed any traction at all, deposition/interviews of all the interested parties mentioned above, be pursued post haste. And if fraudulent and actionable behavior is to be uncovered; putative damages must be pursued. Tom Rice Eligibility Concerns: For the purpose of this election, Mr. Rice had supposedly met the statutory residency requirement of RD CT N a property East of the C18 canal in Palm Beach Country Estates; owner by fellow candidate Rick Lee (see attachment H). However, Mr. Rice claims his Homeowner s Tax Exemption at LA Rochelle Cir. in Frenchman s Landing (see attachment I ). If Mr. Rice maintains that he resides at the Lee address; he is lying to the County of Palm Beach Property Appraiser. If he maintains that he is residing in Frenchman s Landing address; he is lying to SIRWCD and to the Division of Motor Vehicles. Again, it would be beneficial for voters district wide if it could be determined to what bodies of government Mr. Rice is currently being dishonest with. It is with this mind that Tom Rice

5 was ineligible for candidacy. And if fraudulent and actionable behavior is to be uncovered; putative damages must be pursued. We live in a world of transparency, easy access to public information. If Mr. Berman is allowed to continue to play his games and manipulate the system and people as he has been with direct district wide mass mailings; several with his business s logo and several speaking directly to his special interests as a developer and realtor; perhaps it s time for Mr. Berman to register as a lobbyist with the State and County, so he will better be identified by district residents for what he is. This may also serve to avoid future entanglements such as the cease and desist letter from the counsel for Egret landing In conclusion, for one man to proclaim that an election shall be considered invalid, null and void, is at best absurd and at worst considerable. With no mechanism in place to qualify district candidates for elections; exploitations like these have been going on for years; small inconsequential buffer strips of land being quit claimed from Berman Reality to qualify candidates for the statutory landownership requirement (Powell), leasing from candidate A to house candidate B to qualify candidates for the statutory residency requirement (Lee/Rice), or the complete overlooking of a Supervisor/candidate completely moving out of the district during an election when residency was a requirement (Danchuck). It is time to plug these holes and bring light and order to a process that has been fraught with underhandedness and dirty dealing; while ineligible Supervisors have been allowed to run and sit, uncontested and unchallenged. While we respect the right of the complainant to object to the SIRWCD election results, and the process that must follow to confirm the integrity of the elections, we must also consider that the complainant is the primary financial supporter of the candidates that having lost the election and had substantial business interests at stake. With that in mind, any actions taken by the Board until this issue is resolved will be under the utmost scrutiny by ourselves and the public. In its capacity as amicus in this case, Jupiter Farms Residents takes a strong position that the underlying election results are allowed to stand on their merits and the election s certification be allow to stand. However, JFR respectfully requests that the the counsel confirm that fundamental fairness and due process be a component of any election adjudication.

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7 9/30/ Loc ation Address TH PL N Munic ipality UNINCORPORATED Parcel Control Number Subdiv ision Offic ial Rec ords Book Page 653 Sale Date SEP-2010 Legal Descript ion , E 1/2 OF NW 1/4 OF NE 1/4 (LESS N 50 FT CNL R/W) Ow ners RICHARDSON VIRGINIA A Mailing address 9453 KEATING DR PALM BEACH GARDENS FL Sales Dat e Price OR Book/Page Sale Type Ow ner SEP-2010 $ / 0653 DEED OF TRUST RICHARDSON VIRGINIA A JUL-2003 $ / 1012 WARRANTY DEED NELSON DOROTHY B & APR-1998 $ / 0500 WARRANTY DEED NELSON GEORGE W JR TR NOV-1997 $ / 1177 WARRANTY DEED MAY-1984 $22, / 0001 WARRANTY DEED No Exemption Information Available. Number of Units 1 *Total Square Feet 0 Ac res 20 Use Code AG Classification GRAGSOIL CLASS 1 Zoning AR - Agricultural Residential ( 00- UNINCORPORATED ) Tax Y ear 2015 P Improvement Value $126,732 $124,795 $115,225 Land Value $575,066 $452,808 $383,735 Total Market Value $701,798 $577,603 $498,960 P = Preliminary All values are as of January 1st each year Tax Y ear 2015 P Assessed Value $215,020 $196,014 $178,735 Exemption Amount $0 $0 $0 Taxable Value $215,020 $196,014 $178,735 Tax Y ear 2015 P Ad Valorem $4,058 $3,731 $3,396 Non Ad Valorem $2,508 $2,471 $2,598 Total tax $6,566 $6,202 $5, /1

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14 LANDOWNERS' PROXY SOUTH INDIAN RIVER WATER CONTROL DISTRICT PALM BEACH COUNTY, FLORIDA LANDOWNERS' MEETING SEPTEMBER 17, 2015 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints ROBERT A. BERMAN Attorney and agent, with power of substitution for and in behalf of the undersigned, to vote as proxy at the meeting of the landowners of the South Indian River Water Control District to be held at the auditorium of the Jupiter High School, 500 N. Military Trail, Jupiter, Florida on Thursday, September 17, 2015 at 7:00 PM with said meeting published in a newspaper in Palm Beach County, and at any adjournment thereof, according to the number of acres of land owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or on any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with his discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the South Indian River Water Control District. Print or type name of landowner Date: [ Signatur^of landowner 93D.? /07 ^ PC aj- <JVPT_ Address or lot number of landowner 20 Number of acres owned and entitled to vote

15 Location Address TH CT N Municipality UNINCORPORATED Parcel Control Number Subdivision Official Records Book Page 107 Sale Date APR-2002 Legal Description , E 230 FT OF W 700 FTOF NE 1/4 (LESS S 2305 FT & N 133 FT) A/K/A Y-8 LEE RICK G Owners Mailing address TH CT N PALM BEACH GARDENS FL Sales Date Price OR Book/Page Sale Type Owner APR-2002 $175, / 0107 WARRANTY DEED LEE RICK G OCT-1985 $90, / 0605 WARRANTY DEED DEC-1984 $21, / 1248 WARRANTY DEED JAN-1981 $ / 0204 QUIT CLAIM Exemption Applicant/Owner Year Detail LEE RICK G 2015 Number of Units 1 *Total Square Feet 4059 Acres 1.40 Use Code SINGLE FAMILY Zoning AR - Agricultural Residential ( 00- UNINCORPORATED ) Tax Year 2015 P Improvement Value $176,992 $173,810 $161,352 Land Value $110,462 $106,214 $89,255 Total Market Value $287,454 $280,024 $250,607 P = Preliminary All values are as of January 1st each year Tax Year 2015 P Assessed Value $238,168 $236,278 $232,786 Exemption Amount $50,000 $50,000 $50,000 Taxable Value $188,168 $186,278 $182,786 Tax Year 2015 P Ad Valorem $3,713 $3,716 $3,663 Non Ad Valorem $2,030 $1,987 $1,967

16 Total tax $5,743 $5,703 $5,630

17 Property Information Owner Name: LEE RICK G PCN Number: Exemption Detail Save Our Homes (SOH) Base Year: 2003 Exemption year: 2015 Applicant/Owner Year Detail LEE RICK G 2015 Homestead 2015 Additional Homestead Print Close

18 Home Contact Us E Filing Services Document Searches Forms Help Detail by Entity Name Florida Profit Corporation THE DECORATIVE SURFACING GROUP, INC. Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address TH COURT N. PALM BEACH GARDENS, FL Mailing Address COURT OF THE LIONS BOCA RATON, FL Registered Agent Name & Address LEE, RICK G TH COURT N. PALM BEACH GARDENS, FL Officer/Director Detail Name & Address Title P LEE, RICK G TH COURT N. PALM BEACH GARDENS, FL Title VP BROOKS, JOE M ORANGE BLVD WEST PALM BEACH, FL P /28/2013 FL ACTIVE Annual Reports Report Year Filed Date /21/2014

19 /20/2015 Document Images 03/20/2015 ANNUAL REPORT View image in PDF format 03/21/2014 ANNUAL REPORT View image in PDF format 10/28/2013 Domestic Profit View image in PDF format Copyright and Privacy Policies State of Florida, Department of State

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21 Location Address RD CT N Municipality UNINCORPORATED Parcel Control Number Subdivision Official Records Book Page 1028 Sale Date NOV-2013 Legal Description , S 240 FT OF N 1140 FTOF E 240 FT OF W 490 FT OF SE 1/4 A/K/A P-265 LEE RICK G Owners Mailing address TH CT N WEST PALM BEACH FL Sales Date Price OR Book/Page Sale Type Owner NOV-2013 $141, / 1028 WARRANTY DEED LEE RICK G SEP-2000 $30, / 0202 QUIT CLAIM NOLL WILLIAM C & MAR-1999 $27, / 0610 WARRANTY DEED No Exemption Information Available. Number of Units 1 *Total Square Feet 1431 Acres 1.32 Use Code SINGLE FAMILY Zoning AR - Agricultural Residential ( 00- UNINCORPORATED ) Tax Year 2015 P Improvement Value $66,741 $67,258 $89,417 Land Value $90,678 $87,191 $73,270 Total Market Value $157,419 $154,449 $162,687 P = Preliminary All values are as of January 1st each year Tax Year 2015 P Assessed Value $157,419 $154,449 $159,461 Exemption Amount $0 $0 $50,000 Taxable Value $157,419 $154,449 $109,461 Tax Year 2015 P Ad Valorem $2,949 $2,924 $2,269 Non Ad Valorem $1,618 $1,575 $1,559 Total tax $4,567 $4,499 $3,828

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23 Location Address LA ROCHELLE CIR Municipality UNINCORPORATED Parcel Control Number Subdivision FRENCHMENS LANDING PLAT 3 Official Records Book Page 1659 Sale Date SEP-1987 Legal Description FRENCHMEN'S LANDING PL 3 LT 114 RICE PAMELA J RICE TOM SR & Owners Mailing address LA ROCHELLE CIR PALM BEACH GARDENS FL Sales Date Price OR Book/Page Sale Type Owner SEP-1987 $64, / 1659 WARRANTY DEED RICE TOM SR & APR-1987 $65, / 1966 WARRANTY DEED MAR-1987 $41, / 1211 WARRANTY DEED DEC-1985 $3,110, / 1591 WARRANTY DEED Exemption Applicant/Owner Year Detail RICE TOM SR & 2015 Number of Units 1 *Total Square Feet 4574 Acres 0.30 Use Code SINGLE FAMILY Zoning RS - Single Family Residential ( 00- UNINCORPORATED ) Tax Year 2015 P Improvement Value $321,744 $280,497 $235,416 Land Value $126,149 $114,681 $114,681 Total Market Value $447,893 $395,178 $350,097 P = Preliminary All values are as of January 1st each year Tax Year 2015 P Assessed Value $326,632 $324,040 $319,251 Exemption Amount $50,000 $50,000 $50,000 Taxable Value $276,632 $274,040 $269,251 Tax Year 2015 P Ad Valorem $5,371 $5,377 $5,306 Non Ad Valorem $338 $341 $339 Total tax $5,709 $5,718 $5,645

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25 Property Information Owner Name: RICE TOM SR PCN Number: Exemption Detail Save Our Homes (SOH) Base Year: 1994 Exemption year: 2015 Applicant/Owner Year Detail RICE TOM SR & 2015 Homestead 2015 Additional Homestead RICE PAMELA J 2015 Homestead 2015 Additional Homestead Print Close