PAL-MAR
WATER CONTROL DISTRICT

REGULAR BOARD MEETING MARCH 10, 2022
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 Facsimile

AGENDA
PAL MAR WATER CONTROL DISTRICT
Old Jupiter Town Hall 1000 Town Hall Avenue Jupiter, Florida 33458
REGULAR BOARD MEETING
March 10, 2022
9:30 a.m.

Call to Order
Proof of Publication.	Page 1
Establish Quorum
Additions or Deletions to Agenda
Old Business
Consider the Proposed Question for an Attorney General’s Opinion Regarding Pal-Mar
WCD Granting of Easements…	Page 3
Update Regarding Litigation
Discussion Regarding Mowing Proposals…	Page 5
Approval of Minutes
February 3, 2022 Regular Board Meeting…	Page 7
Status Report
Legal – Status Report…	Page 12
Engineer – Status Report
District Manager Report
Field Maintenance Report
New Business
Discussion Regarding Two New Potentially Illegal Culverts Installed
Administrative Matters
Financial Report…	Page 13
Consider Invoices…	Page 14
Landowner Items
Comments from the Public for Items Not on the Agenda
Board Member Comments
Adjourn

MANLEY P. CALDWELL, JR.

CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP
ATTORNEYS AT LAW

SYNOVUS BANK BUILDING

KENNETH W. EDWARDS CHARLES F. SCHOECH MARY M. VIATOR WILLIAM P. DONEY FRANK S. PALEN
JOHN A. WEIG
───────
OF COUNSEL BETSY S. BURDEN

1555 PALM BEACH LAKES BOULEVARD SUITE 1200
WEST PALM BEACH, FLORIDA 33401

M E M O R A N D U M OF LAW

www.caldwellpacetti.com

TELEPHONE: (561) 655-0620
TELECOPIER: (561) 655-3775

ISSUE

This Memorandum of Law addresses substantially the following question:

Does Pal-Mar Water Control District (“Pal-Mar”) have the legal authority to grant easements for road, drainage and public utility purposes to landowners, their guests, invitees, successors and assigns, on and over property which Pal-Mar owns in fee title?

FACTS

Pal-Mar Water Control District is an independent special district of the State of Florida, created by Circuit Court Decree in 1968 and operating in accordance with its Enabling Legislation (Chapter 2005-307, Laws of Florida), copy attached, and applicable provisions of Chapters 189 and 298, Florida Statutes.

Pal-Mar consists of approximately 21,000 acres of undeveloped property located in Palm Beach and Martin Counties. Pursuant to its legal authority, Pal-Mar levies non-ad valorem assessments for operation and maintenance of its works on property within its boundaries which are subject thereto. Landowners receive benefits from Pal-Mar for these assessments such as canal maintenance, vegetation management and other routine maintenance.

Pal-Mar holds fee simple title to certain real property consisting of a strip of land running in a north-south direction measuring 150 feet in width and approximately 1.7 miles in length. Pal- Mar acquired this property by Warranty Deed in 1971. In 1968 and 1969, a former owner of substantially all lands within Pal-Mar created a plan or grid of easements that generally run in an east-west direction. These easements were granted to “the general public, each and every Grantee and their heirs, successors, personal representatives and assigns, the State of Florida, and any political subdivision thereof,” for “rights-of-way, road purposes, drainage incidental thereto and public utilities.”

Although landowners within Pal-Mar may have “paper access” to their properties, a road system has not been developed or improved in order to provide practical access to properties. Pal-Mar is considering the granting or creation of an easement in favor of landowners within Pal-Mar, and

their guests, invitees, successors and assigns, on and over the 150’ strip in order to provide access and other easement rights consistent with the easements granted in 1968 and 1969.

LAW

Section 298.22, Florida Statutes, specifically grants drainage and water control districts the full power and authority to construct, complete, operate, maintain, repair and replace any and all works and improvements necessary to execute the water control plan. Subsection (3) of Section
298.22 provides the power to, among other things, “purchase, sell, lease, convey, or transfer real or personal property.” Attorney General Opinion 2006-44 concluded that Chapter 298 authorizes a water control district to sell or convey real property. This opinion further stated “[i]t appears clear that the Legislature has granted special districts the authority to sell or convey real property and has left it up to the districts, where not otherwise prescribed by their enabling legislation, to exercise their own discretion to determine what terms, conditions, and methods to employ in exercising the power to sell or dispose of surplus real property.” Therefore, the powers granted by Section 298.22(3), Florida Statutes, to convey or transfer real property interests would necessarily include the power of Pal-Mar to grant easements on and over lands to which it holds fee title.

CONCLUSION

Based on the above research, Pal-Mar Water Control District has the legal authority to sell, convey, or transfer real property and may exercise its own discretion to determine such terms, conditions, and methods. Therefore, it is the opinion of Pal-Mar Water Control District that it has the legal authority to grant easements to landowners, their guests, invitees, successors and assigns, over property which it owns in fee title, for purposes specified therein consistent with Florida law.

Quote

Tim Waltace lawn service 16374 132nd Terrace North Jupiter Fl 33478
561-662-3665/ 561-634-1508

Date:	03/02/2022 Quote No.:	10055

Bill To:
Lewis & Michael
Pal Mar Water Control District 2501 Bums Road
Palm Beach Gardens Fl
33410

Ship To:
Pal Mar Water Control District 2501 Bums Road
Palm Beach Gardens Fl
33410

1	Mow all canal banks, roads and trees encroaching onto roadways.

$68,000.00   $68,000.00

Total

j Unit Price

Description

Qty

TotaJ	$68,000.00

Thank you for your business.

r

,

,;

...,.-	0..

.t:•c_':f \r ; i::

MARTIN & PALM BEACH COUNTY, FLORIDA

REFERENCE:
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FOEP) DMSION OF STATE LANDS, BUREAU OF SURVEY & MAPPING, LANO BOUNDARY INFORMATION SYSTEM (LABINS}
2016 0.5 ft. RESOLUTION DIGITAL ORTHOPHOTOS of
MARTIN & PALM BEACH COUNTY, FLORIDA

Page 6

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING FEBRUARY 3, 2022

CALL TO ORDER

District Manager Michael McElligott called the February 3, 2022, Regular Board Meeting of the Pal Mar Water Control District to order at 9:32 a.m. in the Jupiter Civic Center, 351 Old A-1-A, Carlin Park, Jupiter, Florida 33477.

PROOF OF PUBLICATION

District Manager Michael McElligott offered Proof of Publication which showed that notice of the Regular Board Meeting had been published in The Palm Beach Post and in The Stuart News on 9/27/2021, as legally required.

ESTABLISH QUORUM

A quorum was established with the following attendees:

Commissioner Maria Marino	Present	
Commissioner Harold Jenkins	Present	
Zach Gazza	Present	
Bob Berman	Present	
Lewis Lolmaugh	Present	

Also, in attendance were staff members:

District Manager Michael McElligott	Special District Services, Inc	
General Counsel Mary Viator	Caldwell & Pacetti, P.A.	
District Engineer Bob Higgins	Higgins Engineering	
Bill Doney	Caldwell & Pacetti, P.A.	

Also, in attendance were several landowners and members of the public.

ADDITIONS OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

APPROVAL OF MINUTES

November 9, 2021, Regular Board Meeting

Mr. McElligott presented the minutes of the November 9, 2021, Regular Board Meeting for review. Commissioner Marino noted a few typos to be corrected. A motion made by Commissioner Marino, seconded by Commissioner Jenkins, to approve the minutes as amended. The motion carried 5-0.

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING FEBRUARY 3, 2022

STATUS REPORTS

Legal – Status Report

District attorney Mary Viator stated that legal status report is included in the meeting book for review. She introduced Bill Doney from her office who is there to help with the easement agenda item later in the meeting. She also stated that the rest of her items have their own agenda item later in the meeting.

Engineer – Status Report

Mr. Higgins noted that most of his items have separate agenda items later in the meeting. Mr. Higgins did inform the Board that he has provided BMAP updates to DEP as they requested.

District Manager Report

Mr. McElligott stated that all his items are covered as separate agenda items. Mr. McElligott also reminded the Board that budgeted discussions will begin in a few months.

Field Maintenance Report

Mr. Gaza updated the Board. He went over that there had been mowing to the best of their ability that has happened in the last month and a half. He stated that the next items to do are to buzz some overgrowth and do some grading on some of the works.

Mr. Lolmaugh asked bout the mowing from the top of the canal banks down to the water. Mr. Higgins said that according to DEP BMAP, trees can be removed, and other vegetation can be trimmed down to about 6 inches high, not completely removed. Mr. Gaza said he has not done the mowing down to the water yet because he and Mr. Higgins were waiting on the BMAP recommendation from DEP. Mr. Lolmaugh asked if we would eventually get the mowing program back to where it was before the Board had to stop due to nonpayment by SFWMD and Martin County. Mr. Gaza said he is doing the best he can with the limited funds he is working with. There was a discussion among the Board regarding the possibility of going back to the old mowing program. The Board decided to solicit some quotes to get an idea of the current cost to perform the mowing. Once those figures are known, the Board can make a decision at a future meeting regarding bringing back the mowing program. Mr. Lolmaugh volunteered to work on getting quotes for the Board.

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING FEBRUARY 3, 2022

OLD BUSINESS

Update Regarding Martin County Litigation

Mrs. Viator explained to the Board that the court ruled in Hobe St. Lucie CD’s favor in the appeal, reversing the original ruling by the original court. SFWMD and Martin County filed a motion to the appeals court to reconsider, and that motion was denied. At this point SFWMD and Martin County have petitioned the Florida Supreme Court to take the case. We are currently waiting on the Florida Supreme Court to decide if they will accept the case or not.

Consider Granting of Drainage Utility, and Ingress/Egress Easement to Landowners on the Map Over the District’s Three Parcels Extending from Beeline Highway to the Jupiter Grade

This item was brought up at a prior meeting, and the Board asked Mrs. Viator to look into the issue, including doing a title search on the property in question. Mrs. Viator provided a memo in the meeting book regarding her research into the matter. Mr. Doney went over the title search results, which indicate the property is owned by Pal-Mar WCD in fee simple. Mr. Gaza asked if there were any encumbrances on the title that would prevent Pal-Mar WCD from granting the requested easements. Mr. Doney said no, there are no such encumbrances. At this point a lengthy discussion occurred which included input from both the Martin County Attorney and the Palm Beach County Attorney. There were questions raised as to the need for the easements with regards to a future Board having the ability to sell the property in question, and the ability of Pal-Mar WCD to grant the easements in question. After more discussion, Commissioner Marino suggested we get an Attorney General’s opinion regarding Pal-Mar WCDs abilities to do the things being discussed. Mrs. Viator explained the process and noted that the question needs to be very precise. There was then a lot of discussion on the questions needing to be asked. Mr. Viator said she and Mr. Doney can work on the question to the Attorney General and bring it back to the Board for their final approval before sending it off. The Board also asked that Mrs. Vitor coordinate with the Marin and Palm Beach County attorneys so that they may provide input on the question to ensure that the counties questions into Pal-Mar WCD’s abilities are addressed.

A motion was then made by Mr. Gaza, with a second from Commissioner Jenkins, to direct Mr. Viator to develop the question for the Attorney General using language from the existing east-west easements and with input from both Martin and Palm Beach County Attorneys and then to bring that question back to the Board for final review and approval before sending it off to the Attorney General. The motion passed 5-0.

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING FEBRUARY 3, 2022

NEW BUSINESS

There was no new business.

ADMINISTRATIVE MATTERS

Financial Report

Mr. McElligott pointed out the financial report in the Board and answered any question of the Board.

Consider Invoices

The invoices were approved, as presented, on a motion made by Mr. Gazza, seconded by Mr. Lolmaugh, and the motion carried 5-0.

LANDOWNER ITEMS

Mr. Scott Pettigrew asked about the potential of bringing back the mowing program and what that will do to assessments. Mr. McElligott and Commissioner Marino explained that no decision had been made today regarding the assessments today. At this point the Board is looking to get information on the cost to bring back the mowing program and then when the budget discussions happen at later meetings, that will determine if there will be any kind of assessment increase. There was then some discussion regarding why there hadn’t been mowing which was due to the lost revenues from SFWMD and Martin County and the legal fees associated with the lawsuit. There was also some discussion regarding the responsibility of the District as it pertains to maintenance.

Mr. Kevin Cutting commented on his concerns as to what Pal-Mar WCD really is. He is concerned about current destruction of public and private lands, of dangerous shootings, human waste contamination from camping activities. Mr. Cuttings wants clarity that the District is or is not a development. Mr. Cuttings wants to make sure the property is protected. Mr. Berman reminded everyone that the Pal-Mar WCD has very limited powers and most of the issues Mr. Cutting brought up are things Pal-Mar WCD has no control over, that these concerns really need to be brought to the authorities in martin County.

Mr. Dan Castillo explained that he is part of a group trying to form a POA or possibly a Church made up of landowners in Pal-Mar WVD to be able to set up rules or bylaws so the land can be used and protected at the same time. He stated that he and others are concerned about Board members not caring about Pal-Mar and the landowners in it. Commissioner Marino reminded everyone that she represents Palm Beach County, and

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING FEBRUARY 3, 2022

that Palm Beach County is a landowner, and as a landowner, she and Palm beach County care a lot about keeping this land in Pal-Mar preserved now and for the future.

Again, the room was reminded that Pal-Mar WCD has no police powers, no building powers, all these things would need to be brought up to Martin County.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

Matt with Jupiter Farms Residents stated his knowledge of statues and reiterated that most of the items being brought up are outside the powers of a 298 water control district. A lot of landowner issues are not issues Pal-Mar WCD Board has control over.

BOARD MEMBER COMMENTS

Mr. Lolmaugh informed the Board that there are 2 culverts that have been illegally installed and he feels the Board needs to inform the landowners that these need to be removed. Mr. Higgins said he will need to go check these out and report back to the Board so that they can take action.

Commissioner Jenkins asked if we are aware of the potential legislation change as it relates to insurance limits. Mr. McElligott stated that yes, the management company is aware and are monitoring the legislation along with the insurance company. Most likely any direct results to the district would be felt in the budget regarding the insurance policy cost. Mr. McElligott will let the Board know if anything changes.

Mr. Gaza thanked all the landowners that came and encouraged more landowners to come to these meetings.

ADJOURNMENT

There being no further business to come before the Board, at 10:39 am a motion to adjourn the meeting was made by Commissioner Marino, with a second by Commissioner Jenkins. The motion carried unanimously

Secretary/Assistant Secretary	Chair/Vice-Chair

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

CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP
ATTORNEYS AT LAW

1555 PALM BEACH LAKES BLVD. SUITE 1200
WEST PALM BEACH, FLORIDA 33401	 	_
www.caldwellpacetti.com
 	_

TELEPHONE: (561) 655-0620
TELECOPIER: (561) 655-3775
M E M O R A N D U M

TO:	Board of Supervisors of the Pal-Mar Water Control District FROM:	Caldwell Pacetti Edwards Schoech & Viator
DATE:	March 3, 2022

RE:	Legal Status Report for the March 10, 2022 Board of Supervisors’ Meeting

The following is a summary of the work in progress and status thereof for the Pal-Mar Water Control District:
Coordinated with the District re: Administrative Issues

Followed Up Regarding Appeal Relating to Non-Payment of District Assessments by Martin County and SFWMD

Coordinate/draft Request for Attorney General Opinion per Board direction including review of title documents, preparation of request for Attorney General Opinion and follow-up

Page 1 of 1

Pal Mar Water Control District
Budget vs. Actual
October 2021 through February 2022

	Oct '21 - Feb 22		21/22 Budget		$ Over Budget		% of Budget	
Ordinary Income/Expense								
Income								
363.100 · O & M Assessments	53,566 33		478,278 00		-424,711 67		11 2%	
363.830 · Assessment Fees	-1,803 14		-2,492 00		688 86		72 36%	
363.831 · Assessment Discounts	-2,048 48		-4,984 00		2,935 52		41 1%	
369.400 · Other Income	0 00		12,000 00		-12,000 00		0 0%	
369.401 · Interest Income	80 95		360 00		-279 05		22 49%	
512.999 · Uncollectable Assessments	0 00		-353,687 00		353,687 00		0 0%	
Total Income	49,795 66		129,475 00		-79,679 34		38 46%	
Gross Profit	49,795 66		129,475 00		-79,679 34		38 46%	
Expense								
511.310 · Engineering	6,442 30		28,000 00		-21,557 70		23 01%	
511.311 · Management Fees	10,000 00		24,000 00		-14,000 00		41 67%	
511.315 · Legal Fees	8,125 98		30,000 00		-21,874 02		27 09%	
511.318 · Assessment/Tax Roll	0 00		5,000 00		-5,000 00		0 0%	
511.320 · Audit Fees	0 00		3,900 00		-3,900 00		0 0%	
511.450 · Insurance	5,706 00		8,300 00		-2,594 00		68 75%	
511.480 · Legal Advertisements	353 28		2,100 00		-1,746 72		16 82%	
511.512 · Miscellaneous	592 54		5,000 00		-4,407 46		11 85%	
511.513 · Postage and Delivery	26 85		2,000 00		-1,973 15		1 34%	
511.514 · Office Supplies	110 55		2,000 00		-1,889 45		5 53%	
511.515 · Website Management Fee	625 00		1,500 00		-875 00		41 67%	
511.540 · Dues License & Subscriptions	175 00		175 00		0 00		100 0%	
511.999 · Contingency	0 00		5,500 00		-5,500 00		0 0%	
512.305 · Maintenance Contract	5,000 00		12,000 00		-7,000 00		41 67%	
Total Expense	37,157 50		129,475 00		-92,317 50		28 7%	
 et Ordinary Income	12,638 16		0 00		12,638 16		100 0%	
 et Income	12 638.16		0.00		12 638.16		100.0%	

Bank Balance As Of 2/28/22	$	200,744 96	
Investment Acct Balance As Of 2/28/22	$	41,617 55	
Accounts Payable As Of 2/28/22	$	7,275 73	
Accounts Receivable As Of 2/28/22	$	-	
Total Fund Balance As Of 2/28/22	$	235,086 78	

11:02 AM
02/21/22
Accrual Basis

Pal Mar Water Control District
Custom Transaction Detail Report
January 14 through February 21, 2022

Type	Date	Num	Name	Memo	Debit	Credit
Caldwell Pacetti Edwards Schoech & Viator		
 	Legal Fees		Bill Pmt -Check		02/01/2022		1800		Caldwell Pacetti Edwards Schoech & Viator		Invoice # 129625 Legal Services - Dec 2021		2,627.50			
Total Caldwell Pacetti Edwards Schoech & Viator											2,627.50		0.00	
Special District Services, Inc.														
Management Fees	Bill		01/31/2022		022-0103		Special District Services, Inc.		Management Fees				2,249.44	
	Bill Pmt -Check		02/01/2022		1803		Special District Services, Inc.		Management Fees		2,249.44			
Total Special District Services, Inc.											2,249.44		2,249.44	
Miscellaneous														
Higgins Engineering, Inc.	

Bill		

01/15/2022		

2042		

Higgins Engineering, Inc.		

Inv #2042 Engineer Services 11.16.21- 01.15.22				

1,479.90	
Total Higgins Engineering, Inc.											0.00		1,479.90	
Lumberjack Land Management LLC														
	Bill		01/27/2022		1020		Lumberjack Land Management LLC		Inv#1020 Lawn Maint Jan 2022				1,000.00	
	Bill Pmt -Check		02/01/2022		1801		Lumberjack Land Management LLC		Inv#1020 Lawn Maint Jan 2022		1,000.00			
Total Lumberjack Land Management LLC											1,000.00		1,000.00	
Martin County Property Appraiser														
	Bill		01/17/2022		2021 Tax Roll		Martin County Property Appraiser		Assessment Levy Tax Roll 2021				1,077.95	
	Bill Pmt -Check		02/01/2022		1802		Martin County Property Appraiser		Assessment Levy Tax Roll 2021		1,077.95			
Total Martin County Property Appraiser											1,077.95		1,077.95	

TOTAL	6,954.89	5,807.29

Page 14