HOBE-ST. LUCIE CONSERVANCY DISTRICT MARTIN COUNTY BOARD OF SUPERVISORS MEETING MARCH, 2017 9:30 A.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL 33410 www.hobestluciecd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile
AGENDA HOBE-ST. LUCIE CONSERVANCY DISTRICT Hobe Sound Polo Club 2935 SE Bridge Road Hobe Sound, Florida 33455 BOARD OF SUPERVISORS BOARD MEETING March 22, 2017 9:30 a.m. A. Call to Order B. Proof of Publication..Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Comments from the Public for Items Not on the Agenda F. Approval of Minutes 1. February 22, 2017 Board of Supervisors Regular Board Meeting...Page 3 G. Old Business 1. Discussion Regarding SFWMD Non-Payment of Assessments 2. Update Regarding Retreat at Seabrook Homeowners Association H. New Business 1. Consider Resolution No. 2017-03 Electronic Approval Process and Authorized Signatories...Page 10 I. Administrative Matters 1. Engineer s Report 2. Attorney Report 3. Manager s Report 4. Field Operations Report J. Board Members Comments K. Adjourn
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MINUTES OF THE BOARD OF SUPERVISORS MEETING OF HOBE-ST. LUCIE CONSERVANCY DISTRICT FEBRUARY 22, 2017 Pursuant to the above Notice, the Board of Supervisors of Hobe-St. Lucie Conservancy District held its Board of Supervisors Meeting on February 22, 2017 at 9:30 A.M. at the Hobe Sound Polo Club located at 2835 SE Bridge Road, Hobe Sound, Florida 33455. Present were Rick Melchiori, Edward Weinberg and Robert Brown, Supervisors; Peter L. Pimentel, Michael McElligott and Jason Pierman of Special District Services, Inc.; Bob Higgins of Higgins Engineering; Mary M. Viator, Attorney and Secretary. Also in attendance were Mr. Warren Wilson of Coventry; and Mr. Ray Spears. CALL TO ORDER: The Board of Supervisors Meeting was called to order by President Melchiori. ESTABLISHMENT OF A QUORUM: The President announced a quorum was present and it was in order to transact any business to come before the Board. ADDITIONS OR DELETIONS TO AGENDA: None. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA: None. APPROVAL OF MINUTES: A motion was made by Mr. Melchiori, seconded by Mr. Brown and unanimously passed approving the Minutes of the November 16, 2016 Board of Supervisors Meeting, as amended. 1 Page 3
OLD BUSINESS: 1. Discussion regarding SFWMD Non-Payment of Assessments. The District Manager stated that Mr. Melchiori, Mr. Higgins, and Ms. Viator had again met with representatives of SFWMD on January 17, 2017 to further explain the services being provided by the District. Hobe-St. Lucie Conservancy District representatives explained the services being provided and there was a need to pay the assessments. Mr. Pimentel indicated that SFWMD s position is that it does not need the services and questioned why they would be paying assessments to the District which included administrative costs, the backbone system and services provided to the SFWMD lands. It is SFWMD s position they do not use the backbone system. Discussion followed regarding FFWCC with regard to land management responsibilities. Mr. Pimentel commented on the balance of the District Budget which had been charged 50% of the electricity costs to operate the irrigation pumps. There followed discussion with regards to legal responsibilities of SFWMD to pay the assessment as well as the specific services being provided to the SFWMD lands. The Board discussed adjusting the Budget Item relating to electricity from Balance of the District to Overall District. Consider Resolution No. 2017-01 Adoption of an Amended Fiscal Year 2015/2016 Amended Budget, as Amended: The District Manger presented for approval Resolution No. 2017-01 as follows: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HOBE ST. LUCIE CONSERVANCY DISTRICT, AUTHORIZING AND ADOPTING AN AMENDED FISCAL YEAR 2015/2016 BUDGET, AS AMENDED, ( AMENDED BUDGET AS AMENDED ), PURSUANT TO CHAPTER 189, FLORIDA STATUTE; AND PROVIDING AN EFFECTIVE DATE. (Copy filed in District records) 2 Page 4
A motion was made by Mr. Brown, seconded by Mr. Weinberg and unanimously passed adopting Resolution 2017-01 as set forth above. Consider Resolution No. 2017-02 Amending the 2016-2017 Fiscal Year Balance of District (Electricity) to Overall District: The Board discussed moving the funds budgeted for electricity in the Balance of the District to Overall District. The District Manager presented for approval Resolution No. 2017-02 as follows: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HOBE ST. LUCIE CONSERVANCY DISTRICT, AMENDING THE 2016-2017 FISCAL YEAR BUDGET, PURSUANT TO CHAPTER 189, FLORIDA STATUTE; AND PROVIDING AN EFFECTIVE DATE. (Copy filed in District records) A motion was made by Mr. Brown, seconded by Mr. Weinberg and unanimously passed adopting Resolution 2017-02 as set forth above. There followed discussion as to the options available to the District to enforce SFWMD s payment of assessments which included filing a Declaratory Action, engaging a Lobbyist, or seeking Mandamus. There followed discussion relating to excess activity that was occurring on lands in the Balance of the District and the need to notify SFWMD that the access permit between HSLCD and SFWMD had expired. A motion was made by Mr. Weinberg, seconded by Mr. Brown and unanimously passed notifying SFWMD that the access permit had previously expired and to have the District erect No Trespass signs at the gate accessing the property. At this time Mr. Brown left the Meeting. He was available through the duration of the Meeting by telecommunication. 3 Page 5
2. Update Regarding Retreat at Seabranch Homeowners Association. The District Manger indicated the District had received a letter in June from the Retreat at Seabranch Homeowners Association. The District had responded on November 9 th and there had been no response from the Homeowners Association until the District sent the bill for the services. The Homeowners Association has not paid the $10,292.00 for the Outfall Structure. A meeting was held on November 30, 2016 with the Seabranch Homeowners Association Representatives to discuss this matter. There following discussion as to the mowing and maintenance of the system. There had been no final inspection with regards to the recent construction and a letter had been sent by the District to the Retreat at Seabranch HOA. There has been no response. Following discussion by the Board, a motion was made Mr. Weinberg, seconded by Mr. Melchiori and unanimously passed authorizing a demand letter be sent to the Retreat at Seabranch Homeowners Association for the deficiencies and further authorizing the District Engineer to obtain a formal design estimate which unanimously passed. NEW BUSINESS: 1. Consider Request for Permit to Encroach on District Right-of-Way Unit No. 1. Mr. Melchiori indicated that the land in Unit No. 1 is being developed for a golf course. As the plans indicate there are three locations on the north end of the project where the proposed tee boxes encroach into the District right-of-way. A formal request was made from the property owner to obtain a permit from the District to encroach upon the right-of-way. Mr. Higgins stated that the plans are shown on the backup with the specific details. The plans provide for double maintenance berms. The permit needs to provide for maintenance and that the golf course owners would be responsible for maintenance of the tee boxes as well as the 4 Page 6
canal and drainage improvements. The Permit will need to include conditions on assignment of the permit by the Board. Mr. Higgins indicated the encroachments are each approximately 100 square feet. Mr. Melchiori and Mr. Weinberg announced that they had a conflict of interest and a Form 8B would need to be filed. There following discussion by the Board, a motion was made by Mr. Brown, seconded by Mr. Weinberg and unanimously passed approving the request for Permit to Encroach on District Right-of-Way Unit No. 1 subject to the conditions as set forth above. (Form 8B filed by Mr. Melchiori and Mr. Weinberg.) ADMINISTRATIVE MATTERS: 1. Engineer s Report: a. Trailside Homeowners Association: The District Engineer stated that a culvert and riser located in the Outfall Canal for the Trailside Subdivision is fully deteriorated. A field engineer from SFWMD called about replacing this culvert several months ago and the District redirected him to Trailside. It is apparent that the bottom half of the culvert has completely rusted out on the west end. The eastern end of the culvert is in fairly good shape which indicates it was replaced but the western end was not. Because this particular culvert crossing is the District s access road to the irrigation pump station, the District was requesting the Trailside Homeowners Association replace this culvert as soon as possible prior to complete failure. The Board directed that notification to the Trailside Homeowners Association be made notifying them of the need to replace the subject culvert. b. Pump Station: At the C-44 Canal the District Engineer reported that there had been some erosion. Mr. Spear indicated that fill material is available and rip rap needs to be installed. The Board authorized the District to get prices to make the repairs. 5 Page 7
2. Attorney s Report: None. 3. Manager s Report: Mr. Pimentel presented the proposed list of Contractors to provide services to the District. Mr. Pimentel stated that the District would utilize the District s existing Contracts. Following discussion by the Board, a motion was made by Mr. Weinberg, seconded by Mr. Melchiori and unanimously passed authorizing the engagement of the following Contractors utilizing the District s existing Contracts, subject to Legal: WALT S BOBCAT, INC. 8680 us Hwy. 441 SE Okeechobee, FL 34974 GS LAND SERVICES, LLC 3425 SW 78 th Avenue Palm City, FL 34990 R&S METAL WORKS & CO, LLC 1907 Cypress Drive Fort Pierce, FL 34987 GO LOCAL ELECTRICAL, LLC 10302 S. Federal Hwy, PMB 112 Port St. Lucie, FL 349952 ATLANTIC WELDING, INC. 8880 SW Fisherman s Wharf Drive Stuart, FL 34997 4. Field Operations Report: Nothing Further. ADJOURN: There being no further business to come before the Board, the Meeting was adjourned. 6 Page 8
President Secretary 7 Page 9
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HOBE ST. LUCIE CONSERVANCY DISTRICT ORGANIZATIONAL STRUCTURE & SUMMARY OF SERVICES February 22, 2017 Page 11
INTRODUCTION The Hobe-St. Lucie Conservancy District ( HSLCD ) was created on March 1, 1972 pursuant to a Final Judgment by the Nineteenth Judicial Circuit in Martin County, Florida under and pursuant to provisions of Chapter 298, Florida Statutes, otherwise then known as the General Drainage Law. On March 8, 1979, a Circuit Court order to extend the HSLCD boundaries was issued; and in 2005, by legislative action of the Florida Legislature, Chapter 2005-339, Laws of Florida codified the HSLCD Special Acts, further amended the boundaries of the HSLCD, and provided additional powers for supplying irrigation water to the agricultural properties, water conservation, drainage of properties, and maintenance of the roads within. HSLCD is governed by a 3 member Board of Supervisors, each member of which holds office for a three year term. The terms of the Supervisors are staggered so that no more than one Supervisor is elected at the Annual Landowners Meeting held in June of each year. At the Annual Landowners Meeting, any landowner owning an assessable acre or fraction thereof of property within HSLCD s jurisdictional boundary is entitled to vote, on an owned acreage basis, for each Supervisor position then subject to election. The Board also meets throughout the year as needed per advertised meetings to conduct HSLCD business. UNITS OF DEVELOPMENT The lands within HSLSD are mainly agricultural in nature and are owned by various interests. In order to best serve the needs of the landowners, HSLSD created four (4) separate Units of Development ( Units ) under the authority of Chapter 298, Florida Statutes and Chapter 2005-339. Each of the four (4) Units (Units 1, 2, 3, and 5) operates independently in order to meet the landowner s needs within their respective Unit. Moneys are not mixed among or between the Units, and each of the Units is assessed annually according to its needs. Each of the landowners within their respective Units provides the maintenance of the HSLSDowned infrastructure by Agreement with HSLSD. Under this arrangement, HSLSD does not assess landowners within Units 1, 2, 3 or 5 for the internal maintenance of HSLSD-owned infrastructure. BALANCE OF THE DISTRICT There is an area of HSLSD that is not within an established Unit and is referred to as the Balance of the HSLSD ( Balance ). The majority landowner in the Balance is the South Florida Water Management HSLSD; however, there are a few smaller landowners in the Balance. The Balance operates as if it were a Unit of Development and like the duly established Units, it operates independently from the other four (4) Units. The landowners in the Balance have not entered into an agreement with HSLSD for maintenance of HSLSD-owned facilities; therefore, HSLSD-owned facilities within the Balance are operated and maintained by HSLSD. The landowners within the Balance are assessed for the maintenance and other services on the basis of acreage. HSLSD infrastructure within the Balance consists of Page 12
four (4) lateral canals (approximately 4.3 miles) with control structures. They are depicted on the map below and identified as Canals 4, 5, 6 & 7. Services that HSLSD provides within the Balance include, but is not limited to, aquatic weed control, manual harvesting of vegetation, canal bank maintenance, mowing, control structure maintenance, security, and has provided access by Permit with the South Florida Water Management District. OVERALL SYSTEM HSLSD has an overall water management system ( Backbone System ) that provides service the all the lands within HSLSD. The Backbone System provides irrigation water to the lands within HSLSD via a pumped system. In times of excess water, HSLSD has the ability to manage the level of water within the Backbone System. HSLSD funds the operation of Backbone System by assessing all the lands within HSLSD on an acreage basis. ADMINISTRATION OF HSLSD The Administration of HSLSD consists of the normal components (i.e. management, insurance, audit fees, legal fees, engineering fees, legal ads, etc.). The landowners in each of the Units and the Balance is assessed a pro-rata portion of the administration of HSLSD on an acreage basis SERVICES PROVIDED BY HSLCD 1. Administrative Services: The administration of HSLSD is provided via a contract with Special District Services, Inc. (SDS) which includes, but is not limited to, preparation of agendas, legal advertisements, minutes of meetings, communications and coordination with other governmental agencies and HSLSD professionals, general supervision, and day to day management of the operations of HSLSD in accordance with the provisions of Chapter 298, Chapter 189, Florida Statutes and Chapter 2005-339, Laws of Florida. 2. Legal Services: Legal services are provided to HSLSD via a letter of engagement with the law firm of Caldwell Pacetti. 3. Engineering Services: Engineering services are provided to HSLCD via a contract with Higgins Engineering, Inc. 4. Field Operations: Field operations are managed via a contract with Grassroots Corporation and include, but are not limited to canal bank mowing, aquatic weed control, pump station operation, maintenance and upkeep, mechanical aquatic plant harvesting, control structure operation and maintenance, etc. From time to time, on an as needed basis, HSLSD engages the services of sub-contractors to provide these services which are overseen by representatives of the Grassroots Corporation. SUMMARY In summary, the costs for administration of HSLSD (including legal services and engineering services) are assessed equally on all lands within HSLSD on an acreage basis. The costs for Page 13
operation and maintenance of the Overall System are assessed equally on all lands within HSLSD on an acreage basis. The landowners in each of the Units of Development provide maintenance of HSLSD-owned facilities via agreements with HSLSD and therefore are not assessed for maintenance of HSLSD-owned facilities within their respective Units. The costs to maintain HSLSD-owned facilities in the Balance of HSLSD are assessed equally on all lands within the Balance of HSLSD on an acreage basis. ************** Page 14
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RESOLUTION NO. 2017-03 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HOBE-ST. LUCIE CONSERVANCY DISTRICT, AUTHORIZING THE ESTABLISHMENT OF A DISTRICT CHECKING/OPERATING ACCOUNT, DESIGNATING DISTRICT OFFICIALS AND/OR AUTHORIZED STAFF TO REVIEW, APPROVE AND ISSUE PAYMENT OF EXPENDITURES, SELECTING THE SIGNATORIES THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Hobe-St. Lucie Conservancy District ("District") has established a District checking/operating account in order for the District to expend public funds of the District as authorized and required; and WHEREAS, the Board of Supervisors (the Board ) of the District shall designate authorized staff and/or District officials to approve expenditures, via electronic or non-electronic approval processes, from the checking/operating account; WHEREAS, the Board of the District has selected Todd Wodraska, Jason Pierman, Patricia LasCasas, Lennart Lindahl, Michael McElligott and to serve as the signatories, as required, on the District checking/operating account; and WHEREAS, all resolutions or parts thereof of the District in conflict with the provisions contained herein are to the extent of any such conflict, hereby superseded and repealed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HOBE-ST. LUCIE CONSERVANCY DISTRICT, AS FOLLOWS: Section 1. Section 2. The above recitals are hereby adopted. Each expenditure from the checking/operating account will require a minimum of two (2) approvals and a designated member of the Board, by an electronic approval procedure, will have an opportunity to review the District s expenditure(s) prior to release of payment(s). Section 3. When necessary to write checks, the signatures of two (2) of the designated signatories named herein will be required on all District checks tendered from the District checking/operating account, as approved. PASSED, ADOPTED and becomes EFFECTIVE this 22 nd day of March, 2017. ATTEST: HOBE-ST. LUCIE CONSERVANCY CONSERVANCY DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 17