PAL-MAR WATER CONTROL DISTRICT - FEBRUARY 6, 2020 9:30 A.M. REGULAR BOARD MEETING
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PAL-MAR
WATER CONTROL DISTRICT
REGULAR BOARD MEETING
FEBRUARY 6, 2020
9:30 A.M.
Special District Services, Inc.
The Oaks Center
2501A Burns Road
Palm Beach Gardens, FL 33410
www.palmarwcd.org
561.630.4922 Telephone
877.SDS.4922 Toll Free
561.630.4923 FacsimileAGENDA
PAL MAR WATER CONTROL DISTRICT
Old Jupiter Town Hall
1000 Town Hall Avenue
Jupiter, FL 33458
REGULAR BOARD MEETING
February 6, 2020
9:30 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. January 9, 2020 Regular Board Meeting……………………………………………...................Page 5
F. Status Reports
1. Legal – Status Report.....................................................................................................................Page 11
2. Engineer – Status Report
3. District Manager Report
G. Old Business
1. Update Regarding Martin County Litigation…………………………………………………….Page 13
2. Status of Formal Objection to Permit Application for Cypress Creek Restoration
Phase II Project
3. Update Regarding FWC and Access
H. New Business
1. Update Regarding Possible Additional Pal-Mar Access Points
2. Update Regarding Policy to Allow Volunteer Funding for Pal-Mar WCD Maintenance/Culvert
Construction in Crossings
I. Administrative Matters
1. Financial Report.............................................................................................................................Page 15
2. Consider Invoices………………………………………………………………………………...Page 16
J. Landowner Items
K. Comments from the Public for Items Not on the Agenda
L. Board Member Comments
M. AdjournPage 1
Page 2
Page 3
Page 4
PAL MAR WATER CONTROL DISTRICT
REGULAR BOARD MEETING
JANUARY 9, 2020
A. CALL TO ORDER
District Manager Michael McElligott called the January 9, 2020, Regular Board Meeting
of the Pal Mar Water Control District to order at 9:32 a.m. at the Old Jupiter Town Hall,
1000 Town Hall Avenue, Jupiter, Florida 33458.
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 Stuart News on
December 31, 2019, as legally required.
C. ESTABLISH QUORUM
A quorum was established with the following attendees:
Commissioner Hal Valeche Present
Commissioner Harold Jenkins Present
Zach Gazza Present
Bob Berman Present
Frank Sardinha, Jr. Present
Also, in attendance were staff members:
District Manager Michael McElligott Special District Services, Inc
General Counsel Mary Viator Caldwell, Pacetti, et al.
General Counsel Betsy Burden Caldwell, Pacetti, et al.
District Engineer Bob Higgins Higgins Engineering
Also, in attendance were several landowners and members of the public.
D. ADDITIONS OR DELETIONS TO THE AGENDA
Mrs. Viator asked that agenda item G3 and H2 be moved to the end of the meeting to
make sure that any agenda items that may concern Betsy Burden be addressed earlier as
Betsy may need to leave the meeting early. There was no objection by the Board.
Mrs. Viator also asked that we add to the agenda swearing in the new Board member,
Commissioner Jenkins from Martin County. There was no objection from the Board.
Mrs. Viator proceeded to swear Commissioner Jenkins in immediately.
E. APPROVAL OF MINUTES
1
Page 5PAL MAR WATER CONTROL DISTRICT
REGULAR BOARD MEETING
JANUARY 9, 2020
1. November 7, 2019 Regular Board Meeting
After review, the November 7, 2019, Board Meeting minutes were approved as
presented on a motion made by Mr. Sardinha, seconded by Mr. Gazza, and the motion
carried 5-0.
F. STATUS REPORTS
1. Legal – Status Report
District Counsel Mary Viator stated that the legal status report is included in the meeting
book and that any other item she has have their own agenda item later in the meeting.
2. Engineer – Status Report
Mr. Higgins let the Board know that most of his items are covered as separate agenda
items later in the meeting.
Mr. Higgins did mention that there are no updates on the Loxahatchee River Restoration
Plan.
3. District Manager Report
Mr. McElligott did not have anything other than the items later in the agenda.
G. OLD BUSINESS
1. Update Regarding Martin County Litigation
Mrs. Viator went into a brief update of the mediation held back in November. She
explained that SFWMD announced that they could not come to any mediated agreements
at this time. Martin County indicated that they may be able to come to agreements and
requested that Mr. Higgins could meet with Mr. Donaldson outside of mediation. Mr.
Gazza asked if the conversations Mr. Higgins has with Mr. Donaldson must come back to
the Board for approval? Mrs. Viator said yes, anything discussed would have to go back
to both Boards for approval.
Mrs. Viator explained that the next step coming up is the hearing for Summary
Judgement which is scheduled for February 14th. Commissioner Valeche asked if Pal-
2
Page 6PAL MAR WATER CONTROL DISTRICT
REGULAR BOARD MEETING
JANUARY 9, 2020
Mar WCD had filed a motion for Summary Judgement. Mrs. Viator explained that both
sides have filed a motion for Summary Judgement as both sides believe they have the law
on their side.
Mrs. Viator discussed agenda item H1 at this point since it was related to the litigation.
Mrs. Viator explained that we have received a letter from the insurance company that all
of the $100,000 insurance funding for litigation has now been exhausted. Mrs. Viator
explained that she has spoken with the litigation attorneys and they informed her that
currently they have accrued approximately $6,000 in fees per district (reminder, the fees
are shared between Pal-Mar WCD and Hobe St Lucie CD) after running out of insurance
funding. The litigation attorney also indicated that they estimate it will be and additional
$10,000 per district to get through the Summary Judgement hearing scheduled for
February 14th.
After some further questions and discussion from the Board, a motion was made by Mr.
Gazza, with a second from Commissioner Valeche to authorize our current litigation
attorney to continue to represent the District going forward and for Pal-Mar WCD to pay
the fees associated with that representation. That motion carried 4-0 with Commissioner
Jenkins filing a conflict.
2. Status of Formal Objection to Permit Application for Cypress Creek
Restoration Phase II Project
Mrs. Viator explained that working with Mr. Higgins they have filed the formal objection
with FDEP. At this point, we have received no response from FDEP. At this point we are
waiting for notification of the administrative hearing which would be the next step in the
process. Mr. Sardinha asked if there is a deadline for a response. Mrs. Burden explained
that there is a deadline that has already elapsed, and we still have not received a response.
At this point the permit is on hold and the Board will be updated once the process moves
to its next step.
3. Update Regarding BMAP
This item was moved to later in the agenda. As such it will show up out of order in the
recording.
Mr. Higgins pointed out his comments to FDEP which are in the meeting books. Mr.
Higgins comments appear as an appendix in the draft Plan that was published. The Plan is
reevaluated every 5 years. Mr. Gazza asked if this Plan or Mr. Higgins comments would
prevent Pal-Mar WCD from any future development or work. Mr. Higgins stated that no,
it doesn’t.
H. NEW BUSINESS
3
Page 7PAL MAR WATER CONTROL DISTRICT
REGULAR BOARD MEETING
JANUARY 9, 2020
1. Discussion Regarding Insurance Funding for Litigation
This item was discussed during agenda item G1 because it was related to the litigation
update.
2. Update Regarding Review of Crossings with Possible Need for
Equalizing Culverts.
This item was moved to later in the agenda. As such it will show up out of order in the
recording.
Mr. Higgins stated that there are a large number of these crossings although Mr. Higgins
could not say who put them in originally. Mr. Higgins did state that some have culverts
through them, and some do not. Those crossing with the culverts do have water
differentials, some as high as a 3 foot difference, which is considered large. Putting in
culverts in these crossings may not increase the total outfall from Pal-Mar but might help
speed up water movement and create more equalization within the district. After some
discussion between the Board, a motion was made by Mr. Gazza , with a second by
Commissioner Valeche, to direct staff to come up with a policy and /or criteria that
could allow volunteers to fund the construction of these additional culverts in the
crossings. That motion passed 5-0.
3. Update Regarding FWC Access.
Mr. Higgins explained that Mr. McElligott originally asked for keys to gain access
through an FWC gate and was told no, that FWC would like to meet with the district
engineer, Mr. Higgins, before granting access. Mr. Higgins had the meeting in which
there was several FWC representatives. FWC offered restricted, supervised access. Mr.
Mr. Berman indicated that he received an email from FWC after Mr. Higgins had his
meeting and Mr. Berman believes that FWC may have changed their position on the
restricted access. Mr. Higgins said he can reconnect with FWC before the next meeting
to see if they have changed their stance and report back to the Board. Mr. Gazza asked if
it would be appropriate to send FWC a letter stating the Pal-Mar WCD Boards position
that they do not restrict access to landowners, that any restriction is being done solely at
FWC’s discretion. This would be to make sure that Pal-Mar WCD is not dragged into
any potential lawsuits if a landowner were to sue FWC for restricting a landowner their
access to their land. Mrs. Viator suggested that we let Mr. Higgins meet with FWC one
more time to make sure we know their final stance on access and then after that, Mrs.
Viator would help in constructing a letter as proposed. After further discussion from the
4
Page 8PAL MAR WATER CONTROL DISTRICT
REGULAR BOARD MEETING
JANUARY 9, 2020
Board, Mr. Higgins was directed to meet again with FWC and bring back FWC’s final
position so the Pal-Mar WCD Board can decide on how to move forward.
Mr. Gazza asked Mr. Higgins about possible other easements and access points that Pal-
Mar WCD could use to access Pal-Mar works should we continue to have issues with
these FWC access points. There was discussion regarding some specific areas and the
question of possible additional areas. After some further discussion, the Board directed
Mr. Higgins to do an assessment of all possible other access points and would they be
useful.
I. ADMINISTRATIVE MATTERS
1. Financial Report
Mr. McElligott briefly reviewed the financial report in the meeting book and answered
any questions of the Board. There was no further action required.
2. Consider Invoices
The invoices were approved, as presented, on a motion made by Mr. Sardinha, seconded
by Commissioner Valeche and the motion carried 5-0.
J. LANDOWNER ITEMS
There were no comments from the Landowners.
K. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA
There were no comments from the Public.
L. BOARD MEMBER COMMENTS
Mr. Berman thank the Board for what he felt was a very productive meeting.
M. ADJOURNMENT
There being no further business to come before the Board, at 11:02 pm a motion to
adjourn the meeting was made by Mr. Gazza, with a second by Mr. Sardinha. The
motion carried unanimously.
5
Page 9PAL MAR WATER CONTROL DISTRICT
REGULAR BOARD MEETING
JANUARY 9, 2020
_________________________________ ________________________________
Secretary/Assistant Secretary Chair/Vice-Chair
6
Page 10CALDWELL PACETTI
EDWARDS SCHOECH & VIATOR LLP
ATTORNEYS AT LAW
MANLEY P. CALDWELL, JR. PARALEGAL
KENNETH W. EDWARDS EMILIE PEARSON, CP
CHARLES F. SCHOECH ONE CLEARLAKE CENTRE
MARY M. VIATOR 1555 PALM BEACH LAKES BLVD.
WILLIAM P. DONEY SUITE 1200 ________
FRANK S. PALEN WEST PALM BEACH, FLORIDA 33401
www.caldwellpacetti.com
JOHN A. WEIG ________
───────
OF COUNSEL TELEPHONE: (561) 655-0620
BETSY S. BURDEN TELECOPIER: (561) 655-3775
RUTH P. CLEMENTS
MEMORANDUM
TO: Board of Supervisors of the Pal-Mar Water Control District
FROM: Caldwell Pacetti Edwards Schoech & Viator
DATE: January 29, 2020
RE: Legal Status Report for the February 6, 2020 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) Non-Ad Valorem Assessments and Budget Coordination
(3) SFWMD Budget Issues/Follow Up Coordination Regarding Collection of SFWMD’s
Non-Ad Valorem Assessments
(4) Martin County/Coordinated, Researched and Followed Up Regarding Defense of
Martin County’s and South Florida Water Management District's Lawsuit Relating to
Non-Payment of District Assessments:
(a) Use by Martin County of Chapter 194 to Challenge District Assessments
(b) Request for Declaratory Judgment/Waiver of Chapter 164 Procedures
(c) Memorandum provided under Agenda Item "Update Regarding Martin County
Litigation"
Mediation was held November 18, 2019. The hearing on the Motions for Summary
Judgment have been rescheduled to March 9, 2020. A separate Update regarding the
litigation has been prepared and discussed as a separate Agenda Item.
(5) District issues related to Access/Fish and Wildlife Commission
Page 1 of 2
Page 11(6) Cypress Creek Restoration Project/FDEP:
The Board directed an Objection be filed to the Issuance of the proposed Permit. A
Petition for Administrative Hearing was prepared along with a Motion requesting an
Extension for Filing the initial Petition. An Order of Extension was granted. The
initial Petition was timely filed on November 12, 2019. FDEP has objected to the
Petition on the basis that it does not believe the District has standing to challenge the
permit. We have filed the Amended Petition which addresses these objections and
are awaiting the assignment of the matter to the Division of Administrative Hearing
(DOAH). We have heard nothing further from the Florida Department of
Environmental Protection Office of General Counsel.
Page 2 of 2
Page 12CALDWELL PACETTI
EDWARDS SCHOECH & VIATOR LLP
ATTORNEYS AT LAW
MANLEY P. CALDWELL, JR.
KENNETH W. EDWARDS
CHARLES F. SCHOECH
1555 PALM BEACH LAKES BLVD.
MARY M. VIATOR
SUITE 1200 ________
WILLIAM P. DONEY
WEST PALM BEACH, FLORIDA 33401
FRANK S. PALEN www.caldwellpacetti.com
JOHN A. WEIG ________
───────
OF COUNSEL TELEPHONE: (561) 655-0620
BETSY S. BURDEN TELECOPIER: (561) 655-3775
MEMORANDUM
TO: Board of Supervisors
FROM: Caldwell Pacetti Edwards Schoech & Viator, LLP
DATE: January 29, 2020
RE: Pal-Mar Water Control District / Update Regarding Martin County Lawsuit
==========================================================================
The following is an update on the litigation filed by Martin County (“the County”) and
South Florida Water Management District (“South Florida”), as follows:
ANSWER AND DEFENSES FILED:
On March 7, 2019, the Court denied the Motion for Summary Judgment filed by South
Florida. It also denied the Districts’ Motion to Dismiss Complaint, Motion to Abate Complaint, or,
in the Alternative, Motion for More Definite Statement. The District's insurance counsel timely filed
an Answer and Defenses to South Florida's Complaint. South Florida filed a Motion to Strike
Affirmative Defenses in response to same.
A hearing was held on May 23, 2019 on the Motion to Strike Affirmative Defenses filed by
South Florida concerning certain affirmative defenses raised by the District. The Judge granted the
Motion as to 4 or 5 of the defenses raised by the District with leave for the District to amend its
defenses to provide additional specificity as to each defense. The District has timely filed an
Amended Answer and Defenses.
South Florida filed a Motion to Dispense with Mediation, to which insurance counsel filed
an objection. A hearing was held on this matter on October 15, 2019, at which the Judge denied
South Florida's Motion to Dispense with Mediation. The Judge ordered the parties to engage in
"meaningful mediation" and expressly recommended a "compromise".
Mediation was held November 18, 2019. Details are confidential and the District Attorneys
may request at some point an attorney-client executive session pursuant to Chapter 286, F.S. An
impasse was reached with SFWMD, and also afterward with Martin County. The parties have
agreed to dispense with a second mediation otherwise required by the judge.
All parties have filed Motions for Summary Judgment which were set for hearing February
14, 2020. However, the Judge has rescheduled the hearing for March 9, 2020. Insurance Counsel is
Page 1 of 2
Page 13filing Memoranda in support of the Districts’ Motions as well as Responses to the Plaintiffs’
Motions.
DISCOVERY:
The County finally responded to the Districts’ Request to Produce after multiple deadline
extensions. The County’s response consists of substantial documents which are being reviewed. The
County has also responded to the First and Second Requests for Admissions filed on behalf of
Hobe-St. Lucie Conservancy District (each District is allowed a certain amount of Discovery
Requests).
South Florida has replied to the First Request for Admissions filed on behalf of Hobe-St.
Lucie Conservancy District and raised objections to same, to which a Motion to Compel was filed.
South Florida has also responded to the Districts’ Request to Produce, and a Motion to Compel was
filed in response to its objections.
On April 4, 2019, South Florida filed a First Request for Admissions. Insurance counsel has
timely filed a Response.
South Florida has also filed a Request for Production and Interrogatories to the Districts, to
which Responses have been timely filed. South Florida objected to the sufficiency of the Districts'
responses, and after somewhat substantial negotiations, the Districts amended their responses which
will presumably satisfy South Florida's objections.
Insurance Counsel has recommended additional Requests for Admissions and
Interrogatories.
DEPOSITIONS:
Insurance counsel for the Districts has taken the depositions of:
1. Don G. Donaldson, Deputy County Administrator of Martin County;
2. Ray Palmer, Real Estate Division, South Florida Water Management District, as both the
person with the most knowledge and Corporate Representative of South Florida Water
Management District;
3. Carla Segura, Real Property Manager, Martin County Engineering.
4. Steve Coughlin, South Florida's Section Administrator, Land Stewardship.
Rebecca Elliott, Water Policy Liaison, Florida Department of Agriculture ("FDOA"), has
filed an Affidavit in this matter.
Please let our office know if you have any questions.
Page 2 of 2
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Page 1511:32 AM Pal Mar Water Control District
01/23/20
Accrual Basis Custom Transaction Detail Report
December 2019 through January 2020
Type Date Num Name Memo Debit Credit
Caldwell Pacetti Edwards Schoech & Viator
Legal Fees Bill Pmt -Check 12/01/2019 1664 Caldwell Pacetti Edwards Schoech & Viator 12,124.26
Bill Pmt -Check 01/01/2020 1668 Caldwell Pacetti Edwards Schoech & Viator 2,483.24
Bill 12/27/2019 127939 Caldwell Pacetti Edwards Schoech & Viator Invoice #127939 Legal Service Dec 2019 945.00
Bill 12/27/2019 127937 Caldwell Pacetti Edwards Schoech & Viator Invoice #127937 Legal Services Dec 2019 922.50
Bill 12/27/2019 127938 Caldwell Pacetti Edwards Schoech & Viator Invoice #127938 Legal Services Dec 2019 2,497.50
Total Caldwell Pacetti Edwards Schoech & Viator 14,607.50 4,365.00
Higgins Engineering, Inc.
Engineer Fees Bill Pmt -Check 12/01/2019 1665 Higgins Engineering, Inc. Inv #1596 Engineer Services 10.16.19-11.15.19 4,167.50
Bill 12/15/2019 1607 Higgins Engineering, Inc. Inv #1607 Engineer Services 11.16.19-12.15.19 5,048.35
Bill Pmt -Check 01/01/2020 1669 Higgins Engineering, Inc. Inv #1607 Engineer Services 11.16.19-12.15.19 5,048.35
Total Higgins Engineering, Inc. 9,215.85 5,048.35
Special District Services, Inc.
Management Fees Bill Pmt -Check 12/01/2019 1667 Special District Services, Inc. Management Fees Nov 2019 2,264.65
Bill 12/31/2019 2019-3387 Special District Services, Inc. Management Fees Dec 2019 2,272.39
Bill Pmt -Check 01/01/2020 1670 Special District Services, Inc. Management Fees Dec 2019 2,272.39
Bill 01/31/2020 2020-0149 Special District Services, Inc. Management Fees 2,223.41
Total Special District Services, Inc. 4,537.04 4,495.80
Miscellaneous
PBN (Newspaper)
Bill 12/31/2019 I00541417-12312019 PBN (Newspaper) Invoice # I00541417-12312019 Notice of Reg Board Mtg 172.00
Total PBN (Newspaper) 0.00 172.00
Ruth Pietruszewski, Tax Collector
Bill 12/01/2019 Alt ID:70669 Ruth Pietruszewski, Tax Collector Parcel ID:18-40-40-000-000-00031.70000 Non-Ad Valorem Assessm 91.34
Bill 12/01/2019 Alt ID:74562 Ruth Pietruszewski, Tax Collector Parcel ID:30-40-40-000-000-00010.70000 Non-Ad Valorem Assessm 182.88
Bill 12/01/2019 Alt ID: 71075 Ruth Pietruszewski, Tax Collector Parcel ID:19-40-40-000-000-00020.80000 Non-Ad Valorem Assessm 387.75
Bill Pmt -Check 12/01/2019 1666 Ruth Pietruszewski, Tax Collector 661.97
Total Ruth Pietruszewski, Tax Collector 661.97 661.97
Treasure Coast Newspapers
Bill 12/31/2019 0003061867 Treasure Coast Newspapers Invoice #0003061867 Notice of Reg Board Mtg 111.15
Total Treasure Coast Newspapers 0.00 111.15
TOTAL 29,022.36 14,854.27
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