pal-mar water control district regular board …€¦ · 07/05/2020 · 877.sds.4922 toll free...

PAL-MAR WATER CONTROL DISTRICT

REGULAR BOARD MEETING

MAY 7, 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 Facsimile

AGENDA

PAL MAR WATER CONTROL DISTRICT Conference Call Number: (877) 402-9753

Access Code: 5191217 REGULAR BOARD MEETING

May 7, 2020 9:30 a.m.

A. Call to Order

B. Proof of Publication.............................................................................................................................Page 1

C. Establish Quorum

D. Consider Approval of Revised Board Meeting Procedures………………………………………….Page 5

E. Additions or Deletions to Agenda

F. Approval of Minutes

1. March 13, 2020 Regular Board Meeting……………………………………………...................Page 6

G. Status Reports

1. Legal – Status Report....................................................................................................................Page 11

2. Engineer – Status Report

3. District Manager Report

H. Old Business

1. Update Regarding Martin County Litigation…………………………………………………….1

2. Update Regarding FWC and Access

3. Update Regarding Possible Additional Pal-Mar Access Points/Missing Apron………………...Page 23

4. Update Regarding Cypress Creek Restoration Project/Administrative Hearing………………...Page 43

5. Update Regarding Loxahatchee River Restoration Project draft PIR review

6. Update Regarding Culvert Maintenance / Repair Work

7. Discussion Regarding Cory Beaton Comment Ditch Plug Issue and Possible Remedy Options

I. New Business

1. Discussion Regarding Possible New Maintenance Contract for Mowing

J. Administrative Matters

1. Announce Annual Landowners’ Meeting – June 4, 2020

2. Financial Report.............................................................................................................................Page 140

3. Consider Invoices………………………………………………………………………………...Page 141

K. Landowner Items

L. Comments from the Public for Items Not on the Agenda

M. Board Member Comments

N. Adjourn

PAL MAR WATER CONTROL DISTRICT NOTICE OF REGULAR BOARD MEETING

NOTICE IS HEREBY GIVEN that the Pal Mar Water Control District (the “District”) will hold a Regular Board Meeting (the “Meeting”) on May 7, 2020, at 9:30 a.m. to be conducted by telephonic and/or video conferencing communications media technology pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020, and March 20, 2020, respectively, and pursuant to Section 120.54(5)(b)2., Florida Statutes. The Regular Board Meeting is being held for the necessary public purpose of discussing District operations and to review legal and engineering updates. While it is necessary to hold the Meeting utilizing communications media technology due to the current COVID-19 public health emergency, the District fully encourages public participation in a safe and efficient manner. Participants may attend the Meeting and provide questions or comments by utilizing the following login information: Join by PHONE for TELEPHONIC ACCESSS at: Phone: 1-877-402-9753; Passcode: 5191217 In addition, participants are strongly encouraged to submit any questions and comments to the District Manager at [email protected] by May 5, 2020, at 5:00 p.m. in order to help facilitate the Board’s consideration of such questions and comments during the Meeting. A copy of the agenda for the Meeting may be obtained at the offices of the District Manager, c/o Special District Services, Inc., at (561) 630-4922 or [email protected] (the “District Manager’s Office”) during normal business hours. The Meeting is open to the public and will be conducted in accordance with the provisions of Florida law for special districts. The Meeting may be continued to a date, time, and place to be specified on the record at the Meeting. Any person requiring special accommodations in order to access and participate in the Meeting because of a disability or physical impairment should contact the District Manager’s Office at least forty-eight (48) hours prior to the Meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager’s Office. As indicated above, this Meeting will be conducted by media communications technology. Anyone requiring assistance in order to obtain access to the telephonic, video conferencing, or other communications media technology being utilized to conduct this Meeting should contact the District Manager’s Office at least forty-eight (48) hours prior to the Meeting. Similarly, any person requiring or that otherwise may need assistance accessing or participating in this Meeting because of a disability or physical impairment is strongly encouraged to contact the District Manager’s Office at least forty-eight (48) hours in advance so that arrangements may be made. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the Meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.

Page 1

District Manager Pal Mar Water Control District

www.palmarwcd.org

PUBLISH: PALM BEACH POST 04/29/20

Page 2

PAL MAR WATER CONTROL DISTRICT NOTICE OF REGULAR BOARD MEETING

NOTICE IS HEREBY GIVEN that the Pal Mar Water Control District (the “District”) will hold a Regular Board Meeting (the “Meeting”) on May 7, 2020, at 9:30 a.m. to be conducted by telephonic and/or video conferencing communications media technology pursuant to Executive Orders 20-52 and 20-69 issued by Governor DeSantis on March 9, 2020, and March 20, 2020, respectively, and pursuant to Section 120.54(5)(b)2., Florida Statutes. The Regular Board Meeting is being held for the necessary public purpose of discussing District operations and to review legal and engineering updates. While it is necessary to hold the Meeting utilizing communications media technology due to the current COVID-19 public health emergency, the District fully encourages public participation in a safe and efficient manner. Participants may attend the Meeting and provide questions or comments by utilizing the following login information: Join by PHONE for TELEPHONIC ACCESSS at: Phone: 1-877-402-9753; Passcode: 5191217 In addition, participants are strongly encouraged to submit any questions and comments to the District Manager at [email protected] by May 5, 2020, at 5:00 p.m. in order to help facilitate the Board’s consideration of such questions and comments during the Meeting. A copy of the agenda for the Meeting may be obtained at the offices of the District Manager, c/o Special District Services, Inc., at (561) 630-4922 or [email protected] (the “District Manager’s Office”) during normal business hours. The Meeting is open to the public and will be conducted in accordance with the provisions of Florida law for special districts. The Meeting may be continued to a date, time, and place to be specified on the record at the Meeting. Any person requiring special accommodations in order to access and participate in the Meeting because of a disability or physical impairment should contact the District Manager’s Office at least forty-eight (48) hours prior to the Meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager’s Office. As indicated above, this Meeting will be conducted by media communications technology. Anyone requiring assistance in order to obtain access to the telephonic, video conferencing, or other communications media technology being utilized to conduct this Meeting should contact the District Manager’s Office at least forty-eight (48) hours prior to the Meeting. Similarly, any person requiring or that otherwise may need assistance accessing or participating in this Meeting because of a disability or physical impairment is strongly encouraged to contact the District Manager’s Office at least forty-eight (48) hours in advance so that arrangements may be made. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the Meeting is advised that person will need a record of proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.

Page 3

District Manager Pal Mar Water Control District

www.palmarwcd.org

PUBLISH: STUART NEWS 04/29/20

Page 4

[District Manager: At the start of the first Board of Supervisors meeting

during the COVID‐19 public health emergency (May 7, 2020)]

As a result of the COVID‐19 public health emergency declared by the

Governor on March 9, 2020, and as authorized by the Governor’s

Executive Order No. 20‐69 issued on March 20, 2020, it is

recommended that the following Procedure be adopted by the Board

for the Conduct of Meetings of the Board of Supervisors Using

Communications Media Technology (CMT) During the COVID‐19

Emergency:

Hold Board meetings using Communications Media

Technology,

Limit the Board Meeting Agenda to those items determined

by the District Manager and Chair to be essential to the

continued operation of the District,

Exclude all presentations on matters not appearing on the

Board Meeting Agenda, and

Adopt the Board Meeting Procedures described in the

Special Meeting Notice dated April 29, 2020.

Page 5

PAL MAR WATER CONTROL DISTRICT REGULAR BOARD MEETING

MARCH 13, 2020

1

A. CALL TO ORDER District Manager Michael McElligott called the March 13, 2020, Regular Board Meeting of the Pal Mar Water Control District to order at 9:34 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 the Palm Beach Post and in the Stuart News on March 2, 2020, 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

There were no additions or deletions. E. APPROVAL OF MINUTES

1. February 6, 2020 Regular Board Meeting After review, the February 6, 2020, Board Meeting minutes were approved as presented on a motion made by Commissioner Valeche, seconded by Commissioner Jenkins, and the motion carried 5-0.

Page 6


MARCH 13, 2020

2

F. STATUS REPORTS

1. Legal – Status Report

District Counsel Mary Viator stated that the legal status report is included in the meeting book. In addition to the status report, Mrs. Viator said there was an update from FDEP regarding the Cypress Creek Restoration project permit. Mrs. Burden informed the Board that the Administrative Hearing has been requested and is currently being set up for some time in May. Mr. Gazza asked if this means FDEP is acknowledging that Pal-Mar WCD has standing to which Mrs. Burden answered yes. A discussion by the Board followed where they try to determine the best way to stave off the need for costly depositions. The Board decided to direct the District Engineer, Mr. Higgins, to speak directly with Martin County to further explain Pal-Mar WCD’s position regarding a condition requiring Martin County to pay for post construction, real-world verification of the modeling given the current lack of assessment payment by both Martin County and SFWMD, and to inform FDEP of Pal-Mar WCD’s intent to discuss this with Martin County.

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 the Loxahatchee River Restoration Plan PIR (Program Implementation Report) came out last month. Mr. Higgins said that the review period on the draft is very short so Mr. Higgins has asked for an extension. He is awaiting a response.

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. Burden informed the Board that the hearing on the Motions for Summary Judgement has happened and that at this time the Judge has reserved his judgement while he reviews. At this point we do not know when the Judge will rule, so all parties are in a wait-and-see situation until we get a ruling.

Page 7


MARCH 13, 2020

3

2. Update Regarding FWC Access There was a memo distributed to the Board regarding discussions with FWC. Currently FWC will continue to allow access with the key through Gate 1. FWC did say they would open up the gate for Pal-Mar WCD staff but will require a permit. It was then pointed out that really FWC should have a permit with from Pal-Mar WCD to access their land. And extensive discussion of the Board then ensued. The Board directed staff to write a new letter to FWC similar to past letters written. Mr. McElligott will provide Mrs. Viator with the prior letters sent in years past requesting FWC to obtain a permit from Pal-Mar WCD, and Mrs. Viator will prepare a new letter to FWC. This will all then be brought back to the Board for discussion at the next meeting.

3. Update Regarding possible Additional Pal-Mar Access Points / Missing Apron

Mr. Higgins was able to identify the exact location of the apron that was removed by FDOT and not replaced. Mr. Higgins said he will be contacting FDOT to have them replace the missing apron. H. NEW BUSINESS

1. Consider Approval of Proposed Funding Agreement for Maintenance

and/or Repair Service Mrs. Viator handed out an updated version of the agreement and noted that there were some last minute minor adjustments made from the version that is currently in the meeting book. The agreements were present and the Board discussed them. The only change request by the Board was Mr. Sardinha suggesting a defined time frame of 3 month for the work to be completed be included in the maintenance contract. A motion was then made by Mr. Sardinha, with a second from Mr. Berman to approve the Funding Agreement and Maintenance / Repair Contract subject to the addition of a 3 month time frame to complete the work. The motion passed 5-0.

2. Discussion regarding Cory Beaton Ditch plug Issue and Possible Remedy Options

Mr. McElligott refreshed the Board on the comments from the last meeting from Mr. Beaton regarding ditch plugs he believes should not be there and the possible need to have them removed. Mr. Higgins stated that he is still trying to determine if the plugs were or were not part of the Water Control Plan and will have that information ready for the next Board meeting. A discussion by the Board regarding the matter followed. The Board directed Mr. Higgins and Mrs. viator to work with Mr. Beaton on a possible

Page 8


MARCH 13, 2020

4

funding agreement and maintenance contract to have the plugs removed should Mr. Higgins determine they are not part of the Water Control Plan. The Board direct staff to then bring it back to the Board when ready.

3. Presentation of the “Swap” of Property Proposed by the Palm beach Heights Landowner Coalition, Inc.

The Board decided to table this item to a future meeting due to time constraints of the current meeting. 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 Mr. Gazza and the motion carried 5-0. J. LANDOWNER ITEMS

Mr. Beaton brought up some additional concerns he had as a Landowner with regards to the Cypress Creek Structure. Mr. Gazza stated that he felt Corey’s had some good points and asked that Mr. Beaton put these in writing and send them to the district so that they might be included in future discussions. K. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the Public. L. BOARD MEMBER COMMENTS

Mr. Sardinha asked Mr. Higgins if he had the water gage locations discussed during the Board meeting and Mr. Higgins provided those to Mr. Sardinha. Mr. Berman asked the Board how they wanted to handle the April meeting since the regularly scheduled meeting was just a few weeks away. After some discussion, the Board direct staff to move the April meeting from April 2nd to April 13th, same time and location if possible.

Page 9


MARCH 13, 2020

5

M. ADJOURNMENT There being no further business to come before the Board, at 11:48 am a motion to adjourn the meeting was made by Mr. Berman, with a second by Mr. Gazza. The motion carried unanimously. _________________________________ ________________________________ Secretary/Assistant Secretary Chair/Vice-Chair

Page 10

of 2

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: April 24, 2020 RE: Legal Status Report for the May 7, 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"

Martin County Litigation — A hearing was held March 9, 2020 on the Districts' and the Plaintiffs' Motions for Summary Judgment. The Judge reserved his ruling and an Order should be forthcoming. The Judge indicated he may require a second mediation despite the parties' agreement to dispense with same. He also sustained SFWMD's objection to the Districts' Requests for Admissions. (Full Summary is included in the Agenda Backup.)

CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP

ATTORNEYS AT LAW

ONE CLEARLAKE CENTRE 1555 PALM BEACH LAKES BLVD.

SUITE 1200 WEST PALM BEACH, FLORIDA 33401

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

________ www.caldwellpacetti.com

________

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

Page 11

of 2

(5) District issues related to Access/Fish and Wildlife Commission

(6) Cypress Creek Restoration Project/FDEP: On October 11, 2019, the State of Florida Department of Environmental Protection (DEP) issued a Notice of Complete Application and Intent to Issue Permit for Phase 2 of the Cypress Creek Restoration Project. The Board directed counsel to object to the issuance of the permit by filing an administrative appeal. On November 12, 2019, our office filed a Petition for Formal Administrative Hearing in order to challenge the issuance of the permit. On December 5, 2019, DEP issued an Order Dismissing Petition with Leave to Amend. In general, the Order concluded that Pal-Mar lacks standing to challenge the issuance of the permit. An Amended Petition was filed on behalf of Pal-Mar on December 19, 2019. On March 19, 2020, the matter was assigned to an Administrative Law Judge. On March 31, 2020, South Florida Water Management District filed a Motion to Dismiss again raising the issue of whether Pal-Mar has standing to challenge the issuance of the permit. On the same date, Martin County filed a pleading to join in the Motion to Dismiss and to add a Motion for More Definite Statement claiming that the Amended Petition filed by Pal-Mar did not contain specific enough allegations. A Response to the Motions was filed on April 10. On April 20, the Administrative Law Judge denied the Motions to Dismiss and Motion for More Definite Statement. The matter is tentatively scheduled for trial or a final hearing on July 28 and 29. In the meantime, DEP has served an extensive discovery request on the District and our office has directed discovery to South Florida Water Management District and Martin County.

(7) Landowner Financing of Maintenance Activities:

Coordinated, researched, and drafted proposed Agreement per the Board’s direction to allow funding of maintenance activities by Landowners including review of a proposed Maintenance Schedule.

(8) Coordinated with District Manager regarding COVID-19 Emergency Order relating to Quorum Requirements and Conduct of Virtual Meetings.

(9) Annual Audit Inquiry and Response.

Page 12

April 27, 2020

Via E-Mail

Dr. Thomas Reinert Florida Fish & Wildlife Conservation Commission 8535 Northlake Blvd. West Palm Beach, FL 33412 Re: Pal-Mar Water Control District Dear Dr. Reinert: We are the Attorneys for Pal-Mar Water Control District (“District”). The Board of Supervisors of the District has requested that your office again be advised, as it has on previous occasions (See Copy of enclosed letters as Exhibit “A”), that certain property owned, encumbered by easement, and maintained by the District, including but not limited to canals and canal banks, are being routinely accessed and utilized by representatives of the Florida Fish & Wildlife Conservation Commission and the general public authorized by you, without District authorization. The attached Declaration of Easement (Exhibit “B”) was expressly conveyed to the District “for the construction, improvement, maintenance and operation of levees, canals, water control structures and any and all other works necessary for flood and water control purposes in connection with the establishment and operation of the program of works of the [District] ...” The District is authorized to restrict access across these canal banks to ensure the health and safety of the public and to reduce or eliminate any liability on the part of the District. It is unsafe to allow unlimited access along the canal banks for a purpose for which they were never designed or constructed. Therefore, we suggest that the Florida Fish & Wildlife Conservation Commission contact the District at your earliest convenience to address this matter. Your cooperation is anticipated.

Sincerely,

MMary M. Viator, Esq.

Mary M. Viator, Esq.

Cc: Pal-Mar Water Control District Bob Higgins, P.E.

Page 13

EXHIBIT "A"

Page 14

EXHIBIT "B"

Page 17

of 2

M E M O R A N D U M TO: Board of Supervisors FROM: Caldwell Pacetti Edwards Schoech & Viator, LLP DATE: April 24, 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.

CALDWELL PACETTI EDWARDS SCHOECH & VIATOR LLP

ATTORNEYS AT LAW

1555 PALM BEACH LAKES BLVD. SUITE 1200

WEST PALM BEACH, FLORIDA 33401

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

________ www.caldwellpacetti.com

________

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

Page 21

of 2

Martin County Litigation — A hearing was held March 9, 2020 on the Districts' and the Plaintiffs' Motions for Summary Judgment. The Judge reserved his ruling and an Order should be forthcoming. The Judge indicated he may require a second mediation despite the parties' agreement to dispense with same. He also sustained SFWMD's objection to the Districts' Requests for Admissions. 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 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. Insurance counsel has filed a Memorandum of Law regarding South Florida’s Responses and Objections to the Districts’ Requests for Admission. A hearing was held on this matter March 3, 2020.

On April 4, 2019, South Florida filed a First Request for Admissions. Insurance counsel has timely filed a Response.

South Florida 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 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 22

May , 2020 Hui Shi, P.E. ([email protected]) Olivia Bonilla ([email protected]) Thuc H. Le ([email protected]) District Environmental Permits Engineer FDOT District 4 – Drainage (954) 777-4557 Sergio Gomez, P.E. ([email protected]) Roadway Designer/Project Manager C.H. Perez & Associates Consulting Engineers, Inc. 9594 NW 41st St., Suite 201 Doral, Florida 33178 t. (305) 592-1070 f. (305) 592-1078 Project Managers,

Pal Mar Water Control DIstrict is the owner of a certain parcel of real property in Martin County know by Parcel ID: 30-40-40-000-000-00010-7. Said property being 150’ wide, has historically historically been accessed by Pal Mar Water Control District using an asphalt apron and driveway off of Rte. 710, approx. 250’ South of the access road for the FPL power lines. Said apron and driveway connected Rte 710 to a road running North/South on the District’s above referenced property, which is now cut off from 710. Attached Aerial Images (Schedules A-I) show this asphalt apron access existing up through 2018. Additional attached Aerial Images (Schedules J & K) show this asphalt apron removed, the result of the widening of Rte. 710 in 2019-2020.

These attached aerial images, together with Engineering drawing by Alejandro G Meiten, P.E. showing wetland limit lines on the West and East sides of said apron and driveway, attached as Schedule L, show the apron and driveway used for access to the District’s property, that were removed during Rte. 710 road widening work during 2018-2019.

The apron and driveway under the power lines can also be seen in attachments. During the 710 widening, the apron and driveway under the power lines were replaced with pavement, where the apron and driveway to the District’s property was removed.

Please advise of your acknowledgment of these facts, and of your next step in order to restore access to the District’s property.

Page 23

SCHEDULE A

Page 24

SCHEDULE B

Page 25

SCHEDULE C

Page 26

SCHEDULE D

Page 27

SCHEDULE E

Page 28

SCHEDULE F

Page 29

SCHEDULE G

Page 30

SCHEDULE H

Page 31

SCHEDULE I

Page 32

SCHEDULE J

Page 33

SCHEDULE K

Page 34

SCHEDULE L

Page 35

From: Shi, Hui Sent: Wednesday, April 22, 2020 1:03 PM To: bhiggins@higgins‐eng.com Cc: Le, Thuc H. <[email protected]>; Bonilla, Olivia <[email protected]> Subject: RE: Pal‐Mar ‐ SR 710 Good afternoon Robert, Attached please find the discussion regarding Pal‐Mar on SR‐710. Please let us know if you need anything else.

Thanks,

Hui Shi, P.E. District Environmental Permits Engineer FDOT District 4 – Drainage (954)777‐4557

From: Bob Higgins <bhiggins@higgins‐eng.com> Sent: Tuesday, April 21, 2020 2:53 PM To: Shi, Hui <[email protected]> Subject: Pal‐Mar ‐ SR 710

EXTERNALSENDER: Use caution with links and attachments.

Shi Any luck in looking into the driveway turnout Thanks Bob Robert W. Higgins, P.E. President Higgins Engineering, Inc. 4623 Forest Hill Blvd., Su. 113 West Palm Beach, FL 33415 561-439-7807 Office 561-439-0026 Fax 561-346-7721 Cell

Page 37

Good afternoon Thuc; As you already confirmed, the topo file did not show a driveway at this location, not even what could be interpreted as an access to a property, as the historical aerials show. As you can see in the attached files there are two lines delimiting wetland boundaries which lie approximately within the location of this driveway which could be interpreted as a "dirt” access driveway. On the other hand, the PD&E Study and the Design Engineering Report (see attached file, page 18) do not call for a driveway at this location thru the Access Management procedures and standards. The location of this potential driveway is just about 250' south of the existing/proposed driveway called "utility access road". A potential access, as you pointed in your email could be thru the adjacent driveway and then along berm. Best regards,

Sergio Gomez, P.E. (sg@p‐a.cc)

Roadway Designer/Project Manager

C. H. Perez & Associates Consulting Engineers, Inc. Engineers Planners Surveyors Construction Inspectors Disadvantaged Business Enterprise (DBE) / Community Business Enterprise (CBE)

We provide reliable Transportation Services

9594 NW 41st Street, Suite 201 ‐ Doral, Florida 33178 t: (305)592‐1070 / f: (305)592‐1078

www.p‐a.cc

This e‐mail and any file transmitted with it is confidential and intended solely for the use of the individuals or entities to whom it is addressed. If you are NOT an intended recipient or the person responsible for delivering the e‐mail to an intended recipient, be advised that you have received this e‐mail in error and that any use, dissemination, forwarding, printing or copying of this e‐mail is strictly prohibited

From: Le, Thuc H. <[email protected]> Sent: Tuesday, April 7, 2020 5:46 PM To: Rucks, Chad <[email protected]>; jhart <jhart@cpc‐eng.com>; Sergio Gomez <[email protected]> Cc: Shi, Hui <[email protected]> Subject: FW: Pal‐Mar Water Control District (SR‐710, FM 432705‐1?) Gentlemen, Please see below claim and did this ever come up during the course of construction? I sure did not and I don’t see in the topo survey either.

Page 38

Well, there is a swale and I wonder if the drainage district can access the driveway near by and utilize the back berm to get to this point?

From: Shi, Hui <[email protected]> Sent: Tuesday, April 7, 2020 1:40 PM To: Le, Thuc H. <[email protected]> Cc: Bonilla, Olivia <[email protected]>; Poole, James <[email protected]>; bhiggins@higgins‐eng.com; Mike McElligott <[email protected]> <Mike McElligott <[email protected]>; Mary Viator Esq. <[email protected]> Subject: FW: Pal‐Mar Water Control District (SR‐710, FM 432705‐1?) Good afternoon Thuc, I received an request regarding SR‐710 Widening project. We think it’s the project FM# 432705‐1. Since you are the Project Manager, can you help Mr. Higgins or direct him to the right person?

Thanks,

Hui Shi, P.E. District Environmental Permits Engineer FDOT District 4 – Drainage (954)777‐4557

Page 39

From: Bob Higgins <bhiggins@higgins‐eng.com> Sent: Tuesday, April 7, 2020 12:22 PM To: Shi, Hui <[email protected]> Cc: Mike McElligott <[email protected]>; Mary Viator Esq. <[email protected]> Subject: Pal‐Mar Water Control District

EXTERNALSENDER: Use caution with links and attachments.

Dear Mr Shi The Board of supervisors recently asked me, as District Engineer, to look into a driveway turnout from SR710 that leads to Pal‐Mar WCD owned lands. It apparently got removed during the widening of SR710. I have attached historical aerial that shows its existence immediately SE of the FP&L turnout beneath their transmission lines. The Board would like to get this turnout restored. Let me know what we need to do formally to get this accomplished. Thanks you Bob Robert W. Higgins, P.E. President Higgins Engineering, Inc. 4623 Forest Hill Blvd., Su. 113 West Palm Beach, FL 33415 561-439-7807 Office 561-439-0026 Fax 561-346-7721 Cell

Page 40

~250'

Approximate location of the claimed existing driveway. Even thetopo does not shows the typical lines for an existing driveway.However, the wetland limit lines are shown where seems thatthere was a driveway.

Typical lines for anexisting drivewayshown in topo.

Page 41

Culpepper Ranch Hydrologic Monitoring Staff Gauges

11

10

9

8 7 6

5

4

3

2

1

Page 43

8:29 AM 04/30/20 Accrual Basis

Pal Mar Water Control District Custom Transaction Detail Report

February 1 through May 1, 2020

Type Date Num Name Memo Debit Credit

Caldwell Pacetti Edwards Schoech & ViatorLegal Fees Bill 03/02/2020 128085 Caldwell Pacetti Edwards Schoech & Viator Invoice #128085 Professional Services 4,615.76

Bill 03/02/2020 128086 Caldwell Pacetti Edwards Schoech & Viator Invoice #128086 Professional Services 3,999.90

Bill 03/02/2020 128087 Caldwell Pacetti Edwards Schoech & Viator Invoice #128087 Professional Services 45.00






Bill Pmt -Check 04/01/2020 1679 Caldwell Pacetti Edwards Schoech & Viator 17,821.77

Bill Pmt -Check 05/01/2020 1683 Caldwell Pacetti Edwards Schoech & Viator 5,998.60

Total Caldwell Pacetti Edwards Schoech & Viator 23,820.37 23,820.37

Higgins Engineering, Inc.Engineer Fees Bill 2/26/2020 1647 Higgins Engineering, Inc. Inv #1647 Engineer Services 01.16.20-02.15.20 2528.35

Bill 03/15/2020 1660 Higgins Engineering, Inc. Inv #1660 Engineer Services 02.16.20-03.15.20 5,208.15

Bill Pmt -Check 04/01/2020 1680 Higgins Engineering, Inc. 7,736.50

Total Higgins Engineering, Inc. 7,736.50 7,736.50

Special District Services, Inc.Management Fees Bill 02/29/2020 2020-0340 Special District Services, Inc. Management Fees 2,309.68

Bill Pmt -Check 03/01/2020 1678 Special District Services, Inc. Management Fees 2,309.68

Bill 03/31/2020 2020-0522 Special District Services, Inc. Management Fees 2,310.08


Bill 04/30/2020 2020-0704 Special District Services, Inc. Management Fees 2,281.76


Total Special District Services, Inc. 6,901.52 6,901.52

Miscellaneous Roberts, Reynolds, Bedard & Tuzzio, LLC

Bill 02/19/2020 50189 Roberts, Reynolds, Bedard & Tuzzio, LLC Bill #50189 Professional Services Claim#DC000153 4,281.50



Bill Pmt -Check 05/01/2020 1685 Roberts, Reynolds, Bedard & Tuzzio, LLC 8,165.41

Total Roberts, Reynolds, Bedard & Tuzzio, LLC 8,165.41 8,165.41

Coppersmith Construction, LLCBill 04/17/2020 Culvert Crossing Coppersmith Construction, LLC Culvert Crossing Repair per Higgings Engineering, Inc 6,500.00

Bill Pmt -Check 05/01/2020 1684 Coppersmith Construction, LLC Culvert Crossing Repair per Higgings Engineering, 6,500.00

Total Coppersmith Construction, LLC 6,500.00 6,500.00

PBN (Newspaper)Bill 03/02/2020 I00557322-03022020 PBN (Newspaper) Invoice # I00557322-03022020 Notice of Change of Date of Reg Bo 182.32

Bill Pmt -Check 04/01/2020 1681 PBN (Newspaper) Invoice # I00557322-03022020 Notice of Change of 182.32

Total PBN (Newspaper) 182.32 182.32

TOTAL 53,306.12 53,306.12

Page 1 of 1Page 46

pal-mar water control district regular board …€¦ · 07/05/2020 · 877.sds.4922 toll free...

Documents