Jupiter Farms Residents

P.O. Box 2543 Jupiter, FL 334682543 October 6, 2015 District Attorneys: Terry E. Lewis & William G. Capko South lndian River Water Control District 15600 Jupiter Farms Road Jupiter, FL 33478 “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.

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 lastminute 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

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 ongoing investigations Being that Mr. Berman desires to include “Any complaints that may arise from further ongoing 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 9303 167th 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 abovementioned property, Virginia A Richardson, whose signature is a matter of public record on two recorded documents with Palm Beach County (Distributive Deed DRB 11651 Pg 1295 and Trustee’s Deed CFN 20100470894) [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.

Also, we maintain that Rick Lee is, was and has been ineligible during this entire process, collecting a Homestead Tax Exemption on his home, eastside of the C18 canal in Palm Beach Country Estates at 7421 159th 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 7436 163RD 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 12871 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

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 districtwide massmailings; 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.

9/30/2015 www.co.palm-beach.fl.us/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=00424107000001020&

http://www.co.palm-beach.fl.us/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=00424107000001020& 1/1

Location Address 9303 167TH PL N

Munic ipality UNINCORPORATED

Parcel Control Number 00-42-41-07-00-000-1020

Subdiv ision

Offic ial Records Book 24246 Page 653

Sale Date SEP-2010

Legal Descript ion 7-41-42, E 1/2 OF NW 1/4 OF NE 1/4 (LESS N 50 FT CNL R/W)

Owners

RICHARDSON VIRGINIA A

Mailing address

9453 KEATING DR

PALM BEACH GARDENS FL 33410 5987

Sales Date Price OR Book/Page Sale Type Owner

SEP-2010 $10 24246 / 0653 DEED OF TRUST RICHARDSON VIRGINIA A

JUL-2003 $10 15610 / 1012 WARRANTY DEED NELSON DOROTHY B &

APR-1998 $100 10366 / 0500 WARRANTY DEED NELSON GEORGE W JR TR

NOV-1997 $100 10125 / 1177 WARRANTY DEED

MAY-1984 $22,500 04278 / 0001 WARRANTY DEED

No Exemption Information Available.

Number of Units 1 *Total Square Feet 0 Acres 20

Use Code6000 - AG Classification

GRAGSOIL CLASS 1Zoning

AR - Agricultural Residential ( 00-

UNINCORPORATED )

Tax Year 2015 P 2014 2013

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 =

PreliminaryAll values are as of January 1st each year

Tax Year 2015 P 2014 2013

Assessed Value $215,020 $196,014 $178,735

Exemption Amount $0 $0 $0

Taxable Value $215,020 $196,014 $178,735

Tax Year 2015 P 2014 2013

Ad Valorem $4,058 $3,731 $3,396

Non Ad Valorem $2,508 $2,471 $2,598

Total tax $6,566 $6,202 $5,994

MattyGit

Typewritten Text

C

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 33458 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.

Date:Print or type name of landowner

[Signatur^of landowner

93D.? /07 ^PC aj- <JVPT_Address or lot number of landowner

20Number of acres owned and entitled to vote

Location Address 7421 159TH CT N

Municipality UNINCORPORATED

Parcel Control Number 00-42-41-16-00-000-1490

Subdivision

Official Records Book 13676 Page 107

Sale Date APR-2002

Legal Description16-41-42, E 230 FT OF W 700 FTOF NE 1/4 (LESS S 2305 FT & N 133 FT)A/K/A Y-8

Owners

LEE RICK G

Mailing address

7421 159TH CT N

PALM BEACH GARDENS FL 33418 7445

Sales Date Price OR Book/Page Sale Type Owner

APR-2002 $175,500 13676 / 0107 WARRANTY DEED LEE RICK GOCT-1985 $90,000 04681 / 0605 WARRANTY DEED DEC-1984 $21,000 04428 / 1248 WARRANTY DEED JAN-1981 $100 03467 / 0204 QUIT CLAIM

Exemption Applicant/Owner Year DetailLEE RICK G 2015

Number of Units 1 *Total Square Feet 4059 Acres 1.40

Use Code0100 - SINGLEFAMILY

ZoningAR - Agricultural Residential ( 00-UNINCORPORATED )

Tax Year 2015 P 2014 2013

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 2014 2013

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 2014 2013

Ad Valorem $3,713 $3,716 $3,663

Non Ad Valorem $2,030 $1,987 $1,967

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

Property Information

Owner Name: LEE RICK G

PCN Number: 00-42-41-16-00-000-1490

Exemption Detail

Save Our Homes (SOH) Base Year: 2003

Exemption year: 2015

Applicant/Owner Year Detail

LEE RICK G 2015 Homestead2015 Additional Homestead

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Document NumberFEI/EIN NumberDate FiledStateStatus

Detail by Entity NameFlorida Profit Corporation

THE DECORATIVE SURFACING GROUP, INC.

Filing Information

P1300008802246396851310/28/2013FLACTIVE

Principal Address

7421 159TH COURT N.PALM BEACH GARDENS, FL 33418

Mailing Address

19916 COURT OF THE LIONSBOCA RATON, FL 33434

Registered Agent Name & Address

LEE, RICK G7421 159TH COURT N.PALM BEACH GARDENS, FL 33418

Officer/Director Detail

Name & Address

Title P

LEE, RICK G7421 159TH COURT N.PALM BEACH GARDENS, FL 33418

Title VP

BROOKS, JOE M11322 ORANGE BLVDWEST PALM BEACH, FL 33412

Annual Reports

Report Year Filed Date2014 03/21/2014

2015 03/20/2015

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

MattyGit

Typewritten Text

G

Location Address 7436 163RD CT N

Municipality UNINCORPORATED

Parcel Control Number 00-42-41-09-00-000-5850

Subdivision

Official Records Book 26469 Page 1028

Sale Date NOV-2013

Legal Description9-41-42, S 240 FT OF N 1140 FTOF E 240 FT OF W 490 FT OF SE 1/4 A/K/AP-265

Owners

LEE RICK G

Mailing address

7421 159TH CT N

WEST PALM BEACH FL 33418 7445

Sales Date Price OR Book/Page Sale Type Owner

NOV-2013 $141,000 26469 / 1028 WARRANTY DEED LEE RICK GSEP-2000 $30,000 12044 / 0202 QUIT CLAIM NOLL WILLIAM C &MAR-1999 $27,500 11027 / 0610 WARRANTY DEED

No Exemption Information Available.

Number of Units 1 *Total Square Feet 1431 Acres 1.32

Use Code0100 - SINGLEFAMILY

ZoningAR - Agricultural Residential ( 00-UNINCORPORATED )

Tax Year 2015 P 2014 2013

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 2014 2013

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 2014 2013

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

Location Address 12871 LA ROCHELLE CIR

Municipality UNINCORPORATED

Parcel Control Number 00-43-41-32-13-000-1140

Subdivision FRENCHMENS LANDING PLAT 3

Official Records Book 05439 Page 1659

Sale Date SEP-1987

Legal Description FRENCHMEN'S LANDING PL 3 LT 114

Owners

RICE PAMELA JRICE TOM SR &

Mailing address

12871 LA ROCHELLE CIR

PALM BEACH GARDENS FL 33410 1424

Sales Date Price OR Book/Page Sale Type Owner

SEP-1987 $64,000 05439 / 1659 WARRANTY DEED RICE TOM SR &APR-1987 $65,000 05243 / 1966 WARRANTY DEED MAR-1987 $41,900 05212 / 1211 WARRANTY DEED DEC-1985 $3,110,000 04738 / 1591 WARRANTY DEED

Exemption Applicant/Owner Year DetailRICE TOM SR & 2015

Number of Units 1 *Total Square Feet 4574 Acres 0.30

Use Code0100 - SINGLEFAMILY

ZoningRS - Single Family Residential ( 00-UNINCORPORATED )

Tax Year 2015 P 2014 2013

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 2014 2013

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 2014 2013

Ad Valorem $5,371 $5,377 $5,306

Non Ad Valorem $338 $341 $339

Total tax $5,709 $5,718 $5,645

Property Information

Owner Name: RICE TOM SR

PCN Number: 00-43-41-32-13-000-1140

Exemption Detail

Save Our Homes (SOH) Base Year: 1994

Exemption year: 2015

Applicant/Owner Year Detail

RICE TOM SR & 2015 Homestead2015 Additional Homestead

RICE PAMELA J 2015 Homestead2015 Additional Homestead

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