PAL-MAR
WATER CONTROL DISTRICT

Regular Board Meeting July 13, 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
July 13, 2022
9:30 a.m.

Call to Order
Proof of Publication.	Page 1
Establish Quorum
Additions or Deletions to Agenda
Status Report
Legal – Status Report
Engineer – Status Report
District Manager Report
Field Maintenance Report
Old Business
Update on the Proposed Question for an Attorney General’s Opinion Regarding Pal-Mar WCD Granting of Easements
Consider Granting and Recording of Drainage, Utility, and Ingress/Egress Easement to Landowners on the Map Over the District’s Three Parcels Extending from
Bee Line Highway to Jupiter Grade…	Page 3
Update Regarding Litigation
Update on Mowing Proposal…	Page 6
Update on Sending Minutes and 298 Language Martin County, Palm Beach County and SFWMD Regarding Outside Landowners Obtaining a Permit from Pal-Mar WCD
Consider Amending the Fiscal Year 2022/2023 Budget…	Page 8
New Business
Consider Officially Amending Mr. McElligott’s Email dated 6/24/2022…	Page 12
Administrative Matters
Financial Report…	Page 13
Landowner Items
Comments from the Public for Items Not on the Agenda
Board Member Comments
Adjourn

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Florida Fish and Wildlife Conservation Commission

Commissioners Rodney Barreto Chairman
Coral Gables
Steven Hudson
Fort Lauderdale
Gary Lester
Oxford
Albert Maury
Coral Gables
Gary Nicklaus
Jupiter
Sonya Rood
St. Augustine
Robert A. Spottswood
Key West

Executive Staff Eric Sutton Executive Director
Thomas H. Eason, Ph.D.
Assistant Executive Director
Jennifer Fitzwater
Chief of Staff
South Region
Thomas Reinert, Ph.D. Regional Director

561-625-5122
561-625-5129 FAX

Managing fish and wildlife resources for their long-term well-being and the benefit
of people.

South Region
8535 Northlake Boulevard West Palm Beach, FL 33412-3303

Hearing/speech-impaired: 800-955-8771 (T)
800-955-8770 (V)

MyFWC.com

July 11, 2022

Pal-Mar Water Control District – Board of Supervisors c/o Michael McElligott
Special District Services, Inc.
Submitted electronically: MMcElligott@sdsinc.org

Dear Pal-Mar Board of Supervisors,

Please allow this correspondence to be considered Florida Fish and Wildlife Conservation Commission’s (FWC) public comment for the Pal-Mar Water Control District (the District) Board Meeting, scheduled for Wednesday, July 13, 2022, specifically, Old Business, Item 2: “Consider Granting and Recording of Drainage, Utility, and Ingress/Egress Easement to Landowners on the Map Over the District’s Three Parcels Extending from Bee Line Highway to Jupiter Grade.”

The FWC has concerns regarding this proposal, given the limited scope of activities codified for 298 Districts and what the proposal hopes to achieve. It is not clear what benefits the District derives from this action; especially given the concerns the District previously has expressed to FWC regarding impacts of vehicular access to works of the District. I will note that the FWC has worked with the District to limit or eliminate vehicular access when requested and where within the ability of FWC to do so.

Further, the District-owned parcel in question is directly adjacent to (east of) a portion of the John C. and Marianna Jones/Hungryland Wildlife and Environmental Area (“Hungryland”) that is not open to the public and is maintained for environmental purposes only. The powerline Right of Way (owned by South Florida Water Management District and then further along by Martin County) is dedicated solely for the use of the utility company and is not legally accessible by members of the public. Nevertheless, individuals, using the access created by the ‘improvements’ to the District parcel (namely a rebuilt road apron and ‘gravel driveway’ created during ‘exotic plant’ removal activities directed by the District) have created a path deviating from the District parcel into Hungryland to access the ROW. Vehicular trails are now clearly visible through the bordering wetland and into state-owned property. The existing fence line also has been cut. This access constitutes illegal entry, damage of state property, as well as causing resource damage.

FWC believes that the proposal lacks a clear objective that benefits the Pal-Mar Water Control District and likely would greatly increase illegal entry into, and continued resource degradation of, FWC-managed, environmentally-sensitive lands.

Sincerely,
Thomas Reinert, Ph.D. Regional Director

Cc: Mary Viator, Palm Beach County, Martin County, South Florida Water Management District, Kevin Cutting

7/11/2022

Palmar board members,

Please accept the following as my public comments for the July board meeting. Specifically, regarding the palmar properties and opening them to the public, and or recording an easement on these properties.

The wording of the original easement suggests this ingress‐egress is also to the benefit of the general public. I'm not sure I understand the intent but this seems to suggest that anyone, property owner or not could now enter or utilize this section. I have safety and security concerns that would also be shared by other property owners.
Please ensure the recording document contains specific wording as to the type of access that is permitted and who is permitted to enter. Taking past district comments at face value, the district claims it has no ability to protect the works from damage associated with misuse or tresspass. The only protective measure the district seems to have available is either not to record this proposed document as an easement, ingress‐or egress, or to restrict the access to passive means only. Motorized vehicles would not be allowed or highly regulated. Is this possible?
The board has made past comments that your actions and abilities are limited to drainage only. How does this action benefit the stated objective and responsibilities?
What liabilities may come with opening this property. If the action leads to the very foreseeable destruction of the works of the district or harm to others, which I believe it will (Gate 1 example), might this action be considered neglectful?
Will this create further issues with the Martin County Sheriff's office or FWC with respect to protecting private and public property rights associated with the works of the district, no trespass, etc.? As I understand the MCO has very little capability to enforce trespass issues and damage that may occur to the works of the district and the properties they cross.
What future obligation might this create for property owners and the use of our pro‐ rata shares? Will we be required to maintain the easement in a safe manner consistent with the intended purpose? Again, please establish and limit the use type to be consistent with protecting the works.
Does the district have any recourse to recover costs from property owners that are associated with the recording or creation of the easement?
As an alternative, the district may simply not open this section. Property owners would need to use the courts to achieve easement by way of necessity. The district would then appropriately respond to the court's directive rather than volunteer an easement that is very likely to be abused. In this way, the district can help to ensure that courts dictate the type of access allowed, the path of access, and the specific and intended purpose for the access.
Does opening this easement now give property owners any right to modify the district property, cut down trees, improve a path, or do other things necessary in order to utilize the easement for the intended and recording purpose.

With respect to negligence in actions taken by the district, if there is a liability for resulting harm, are we as property owners, or our district commissioners protected by the liability insurance policy? Do personal assets and pro‐rata shares become fair game to an accident injury law team. ?

Thank you in advance for your consideration of these concerns.
Kind Regards and thank you for your past and continuing service to the landowners of the Palmar Water control district.
Kevin Cutting
Lot owner Palmar water control district.

Quote

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

Date: Quote No.:

03/02/2022
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

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

$68,000.00  $68,000.00

Total

j Unit Price

Qty  Description

Total  $68,000.00

Thank you for your business.

Page 7

Pal Mar
Water Control District

Budget
Fiscal Year 2022/2023 October 1, 2022 - September 30, 2023

CONTENTS

BUDGET

DETAILED BUDGET

BUDGET
PAL MAR WATER CONTROL DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR 2022/2023 ANNUAL BUDGET	
O & M Assessments	326,064	
Other ncome	12,000	
8ncollectable Assessments	0	
 nterest ncome	360	
	0	
TOTAL REVENUES	338,424	
		
EXPENDITURES		
Supervisor Fees	0	
Payroll Taxes (Admin)	0	
Engineering	28,000	
Management	36,000	
Legal	60,000	
Assessment Roll	5,000	
Audit Fees	4,000	
 nsurance	8,300	
Legal Advertising	2,100	
Miscellaneous	52,285	
Postage	2,000	
Office Supplies	2,000	
Website Management	1,500	
'ues & Subscriptions	175	
Maintenance Contingency	12,000	
Miscellaneous Maintenance	100,000	
Contingency (Legal - Extraordinary)	5,500	
		
TOTAL EXPENDITURES	318,860	

EXCESS/ (S+ORTFALL)	19,564	
		
County Appraiser & Tax Collector Fee	(6,521)	
'iscounts For Early Payments	(13,043)	
		
NET EXCESS/ (S+ORTFALL)	-	

Note: Projected Cashflow (Including State Board Of Administration Investment Fund) As Of 9-30-22 is $350,000.

FY 2022/2023 Projected Assessment Rate is $15.00 Per Acre ($22.00 Per Acre In 2021/2022).

DETAILED BUDGET
PAL MAR WATER CONTROL DISTRICT FISCAL YEAR 2022/2023
OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	
FISCAL YEAR 2020/2021 ACTUAL	
FISCAL YEAR 2021/2022 ANNUAL BUDGET	
FISCAL YEAR 2022/2023 ANNUAL BUDGET	

COMMENTS	
O & M Assessments	128,298	478,278	326,064	Expenditures Less nterest/.94	
Other ncome	12,500	12,000	12,000	 ncludes Landowner Funding for Maintenance	
Uncollectable Assessments	0	(353,687)	0		
 nterest ncome	277	360	360	ProMected At 30 Per Month	
					
TOTAL REVENUES	141,075	$	136,951	$	338,424		
					
EXPENDITURES					
Supervisor Fees	0	0	0	Eliminated by Board	
Payroll Taxes (Admin)	0	0	0	Eliminated by Board	
Engineering	25,968	28,000	28,000	No Change From 2021/2022 Budget	
Management	24,000	24,000	36,000	 3,000 Per Month	
Legal	49,322	30,000	60,000	 30,000 ncrease From 2021/2022 Budget	
Assessment Roll	5,000	5,000	5,000	Assessment Roll Preparation	
Audit Fees	3,800	3,900	4,000	Accepted Amount For 2021/2022 Audit	
 nsurance	5,513	8,300	8,300	 nsurance Estimate	
Legal Advertising	1,993	2,100	2,100	No Change From 2021/2022 Budget	
Miscellaneous	1,738	5,000	52,285	Miscellaneous	
Postage	84	2,000	2,000	No Change From 2021/2022 Budget	
Office Supplies	642	2,000	2,000	No Change From 2021/2022 Budget	
Website Management	1,500	1,500	1,500	No Change From 2021/2022 Budget	
'ues & Subscriptions	175	175	175	No Change From 2021/2022 Budget	
Maintenance Contract	12,000	12,000	12,000	 1,000 Per Month	
Miscellaneous Maintenance	0	0	100,000	Miscellaneous Maintenance	
Contingency (Legal - Extraordinary)	964	5,500	5,500	No Change From 2021/2022 Budget	
					
TOTAL EXPENDITURES	132,699	$	129,475	$	318,860		

EXCESS/ (SHORTFALL)	8,376	7,476	19,564		
					
County Appraiser & Tax Collector Fee	(3,818)	(2,492)	(6,521)	Two Percent Of Expected Assessment Roll	
'iscounts For Early Payments	(2,295)	(4,984)	(13,043)	Four Percent Of Expected Assessment Roll	
					
NET EXCESS/ (SHORTFALL)	$	2,263	$	-	$	-		

Note: Projected Cashflow (Including State Board Of Administration Investment Fund) As Of 9-30-22 is $350,000.

FY 2022/2023 Projected Assessment Rate is $15.00 Per Acre ($22.00 Per Acre In 2021/2022). Current Estimated assesable acres is 21,740.

From: Michael McElligott
Sent: Friday, June 24, 2022 12:18 PM
To: Ruth Pietruszewski <ruthski@martintax.us>
Cc: rholmes@martin.fl.us; csegura@martin.fl.us; ddonalds@martin.fl.us; Taryn Kryzda
<tkryzda@martin.fl.us>; gstokus@martin.fl.us; Sarah Woods <swoods@martin.fl.us>; jgorton@martin.fl.us; jlomonic@sfwmd.gov; Caitlin.Blair@pa.martin.fl.us; jmaehl@martin.fl.us; Karl Andersson <karl.andersson@pa.martin.fl.us>; Jenny.Fields@pa.martin.fl.us; Chelsea Coffin
<ccoffin@martintax.us>; Shanna Varady <svarady@martintax.us>; Jose Mourao
<jmourao@martintax.us>; Daron Wright <dwright@martintax.us>
Subject: RE: Pal‐Mar payment

Ruth, I’m not sure what the definition of full payment would be in this case. Technically, there is still thousands of acres of SFWMD land that was not paid with this distribution. Also, this payment is for assessments for 2021, these properties are all still delinquent on prior year assessments dating back to 2017. I would say a more accurate statement would be full payment of Pal‐Mar WCD assessment on a specific 4,954.45 acres of Martin County and SFWMD owned lands for the 2021 tax year only have been made and received. I wouldn’t want there to be any confusion on the approximately 10,000 acres of SFWMD that did not pay their assessments for 2021 or the prior year delinquent amounts that have not been paid at all Martin County or SFWMD. Thanks.

BOARD MEMBERS: Please do not use the reply all feature of your e-mail as it may be deemed a violation of the Sunshine law. Please reply only to the management office. Thank You.
NOTE: Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

Michael McElligott
Special District Services, Inc. 2501 A Burns Road
Palm Beach Gardens, FL 33410
Phone: (561) 630‐4922 x 226
Fax:	(561) 630‐4923

From: Ruth Pietruszewski <ruthski@martintax.us>
Sent: Friday, June 24, 2022 11:57 AM
To: Michael McElligott <MMcElligott@sdsinc.org>
Cc: rholmes@martin.fl.us; csegura@martin.fl.us; ddonalds@martin.fl.us; Taryn Kryzda
<tkryzda@martin.fl.us>; gstokus@martin.fl.us; Sarah Woods <swoods@martin.fl.us>; jgorton@martin.fl.us; jlomonic@sfwmd.gov; Caitlin.Blair@pa.martin.fl.us; jmaehl@martin.fl.us; Karl Andersson <karl.andersson@pa.martin.fl.us>; Jenny.Fields@pa.martin.fl.us; Chelsea Coffin
<ccoffin@martintax.us>; Shanna Varady <svarady@martintax.us>; Jose Mourao
<jmourao@martintax.us>; Daron Wright <dwright@martintax.us>
Subject: Pal‐Mar payment

Dear Mr. McElligott,

Please find attached a letter and receipt to verify full payment made by Martin County Board of County Commissioners for Pal‐Mar total assessments.

If you have any questions, please contact me at 772‐288‐5748 or ruthski@martintax.us.

Respectfully,
Ruth Pietruszewski
Martin County Tax Collector

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

	Oct '21 - Jun 22		Budget		$ Over Budget		% of Budget	
Ordinary Income/Expense								
Income								
363.100 · O & M Assessments	264,577.30		478,278.00		-213,700.70		55.32%	
363.830 · Assessment Fees	-4,002.98		-2,492.00		-1,510.98		160.63%	
363.831 · Assessment Discounts	-8,072.54		-4,984.00		-3,088.54		161.97%	
369.400 · Other Income	0.00		12,000.00		-12,000.00		0.0%	
369.401 · Interest Income	221.74		360.00		-138.26		61.59%	
512.999 · Uncollectable Assessments	0.00		-353,687.00		353,687.00		0.0%	
Total Income	252,723.52		129,475.00		123,248.52		195.19%	
Gross Profit	252,723.52		129,475.00		123,248.52		195.19%	
Expense								
511.310 · Engineering	12,926.60		28,000.00		-15,073.40		46.17%	
511.311 · Management Fees	18,000.00		24,000.00		-6,000.00		75.0%	
511.315 · Legal Fees	32,541.06		30,000.00		2,541.06		108.47%	
511.318 · Assessment/Tax Roll	0.00		5,000.00		-5,000.00		0.0%	
511.320 · Audit Fees	2,000.00		3,900.00		-1,900.00		51.28%	
511.450 · Insurance	5,706.00		8,300.00		-2,594.00		68.75%	
511.480 · Legal Advertisements	947.69		2,100.00		-1,152.31		45.13%	
511.512 · Miscellaneous	1,077.87		5,000.00		-3,922.13		21.56%	
511.513 · Postage and Delivery	54.44		2,000.00		-1,945.56		2.72%	
511.514 · Office Supplies	459.00		2,000.00		-1,541.00		22.95%	
511.515 · Website Management Fee	1,125.00		1,500.00		-375.00		75.0%	
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	9,000.00		12,000.00		-3,000.00		75.0%	
Total Expense	84,012.66		129,475.00		-45,462.34		64.89%	
1et Ordinary Income	168,710.86		0.00		168,710.86		100.0%	
1et Income	168, 10.86		0.00		168, 10.86		100.0%	

Bank Balance As Of 6/30/22	$	359,209.71	
Investment Acct Balance As Of 6/30/22	$	41,678.30	
Accounts Payable As Of 6/30/22	$	9,728.53	
Accounts Receivable As Of 6/30/22	$	-	
Total Fund Balance As Of 6/30/22	$	391,159.48