SIRWCD - Meeting Minutes

MEETING MINUTES
Before publication, all minutes must be approved by the Board. As a result, the minutes will not reflect the actions taken at the most recent Board Meeting, but are the minutres of the previous meeting that were provided to the Board for approval.

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Minutes are available for the following dates:

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON SEPTEMBER 20, 2007
The regular meeting of the South Indian River Water Control District was held on September 20, 2007, at 7:30 p.m. at Jupiter High School, 500 N. Military Trail, Jupiter, Florida. Present were Supervisors Tom Rice, Dave Beane, Bob Berman and Michael Danchuk. Also present were Len Lindahl, engineer; Charles Haas, treasurer; William Capko, attorney; Gale English, general manager; Donna DeNinno, public information; and Jane Woodard, secretary. Approximately six landowners were also present.

Mr. Rice called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was given.

Mr. Haas presented the treasurer's report and recommended Board approval of the monthly expenditures. Mr. Danchuk made a motion approving these disbursements. Mr. Berman seconded the motion and it carried unanimously.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE SPECIAL MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON SEPTEMBER 10, 2007
A special meeting of the South Indian River Water Control District was held on September 10, 2007, at 5:00 p.m. at the District Work Center, 15600 Jupiter Farms Road, Jupiter, Florida. Present were Supervisors Tom Powell, Tom Rice, Dave Beane (via telephone conference) and Bob Berman. Also present were Len J. Lindahl, engineer; Charles Haas, treasurer; William Capko, attorney; Gale English, general manager; Donna DeNinno, public information; and Jane Woodard, secretary.

Mr. Powell called the meeting to order and stated that the first portion of this meeting is for the public hearing regarding the uniform method of collection of non-ad valorem assessments pursuant to Chapter 197. He formally convened the public hearing. Mr. Capko explained this hearing is specifically for the 2005 landowner-initiated roadway improvement project known as the 14th Plan of Improvement. Since a new assessment will be levied for the first time, a public hearing is required by state law. There were no landowner comments and the public hearing was concluded.

Mr. Powell then resumed the Board meeting. Mr. Capko presented a resolution to adopt the uniform method of collection of non-ad valorem assessments and recommended Board approval. Mr. Berman made a motion approving the resolution. Mr. Rice seconded the motion and it carried unanimously.

Mr. Haas reported the District's auditing firm has recommended amending the budget for the fiscal year ending September 30, 2007 as it pertains to certain technical requirements. Mr. Berman made a motion to amend the budget as recommended. Mr. Rice seconded the motion and it carried unanimously.

Mr. Haas then discussed salary and compensation for the general manager. Mr. English excused himself from the meeting during this discussion. Mr. Haas proposed an additional salary of $7,500 plus a bonus of $7,500 in recognition of Mr. English's services. He noted this salary is "in the middle" when compared to other districts and similar entities. Mr. Haas reported he received an email from supervisor Danchuk (absent at this meeting) stating he could not support this salary increase. After Board discussion, Mr. Rice made a motion authorizing the salary increase beginning October 1, 2007, and the bonus to be paid before the end of the 2007 fiscal year. Mr. Berman seconded the motion and it carried unanimously.

Mr. Lindahl presented a report on the dust control product discussed at previous meetings. This product has not been applied in Florida but it has been applied in other tropical environments. It takes 72 hours to cure. A 1/10 mile test site was suggested. North Florida Emulsions has volunteered to work with Mr. English to apply the product. The purpose is to improve stabilization and cut down on dust. The cost is $1 million/33 miles for the material; application is an additional expense. It has a life span of six to seven years with a partial re-application after three years. This product could be an alternative maintenance material.

Mr. English reported the Work Center's telephone system is outdated. A new system is estimated to cost $3,800. The Board requested additional research before replacing the system.

Mr. Lindahl reported on the potable water project. Milestone #1A has been accepted by the Health Department and is ready for hook-up.

Mr. Capko reported on an amendment to the interlocal agreement with the Palm Beach County School District which adds all the properties owned by the School District within SIRWCD, including the former Burt Reynolds Ranch. The School District will pay SIRWCD for contract drainage services in lieu of assessments. Mr. Capko recommended approval of this agreement when it is finalized, and authorization for the chairman to sign the agreement. Mr. Rice made a motion approving the agreement as recommended. Mr. Berman seconded the motion and it carried unanimously.

There being no further business to come before the Board, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON AUGUST 16, 2007
The regular meeting of the South Indian River Water Control District was held on August 16, 2007, at 7:30 p.m. at Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Tom Rice, Dave Beane (via telephone conference), Bob Berman and Michael Danchuk. Also present were Len J. Lindahl, engineer; Charles Haas, treasurer; William Capko, attorney; Gale English, general manager; Donna DeNinno, public information; and Jane Woodard, secretary.

Mr. Powell called the meeting to order. Mr. English offered the invocation; the Pledge of Allegiance to the flag was given.

Mr. Powell stated that the first portion of this meeting is for the public hearing regarding the District's proposed budget for the fiscal year 2007-08. He formally convened the public hearing. Mr. Haas reported that the main increase in the budget is for the 2007 assessment for the west side OGEM program. Mr. Powell noted that the Board has already reviewed the proposed budget in advance of this meeting. There were no landowner comments and the public hearing portion of this meeting was concluded.

Mr. Powell then resumed the regular Board meeting. Mr. Powell made a motion to adopt the uniform method of collection of non-ad valorem assessments. Mr. Rice seconded the motion and it carried unanimously.

Mr. Powell asked if there were any corrections or additions to the minutes of July 19 and August 2, 2007. There were none and the minutes were approved as submitted.

The public information report was presented by Ms. DeNinno. The website has been updated and the July-August newsletter has been sent out to the landowners. Work continues on the Palm Beach Country Estates water hook-up information packet.

Mr. Haas presented the treasurer's report. He asked if the Board had any questions regarding the proposed budget. Mr. Danchuk was concerned with the 10% increase in personal services (salaries and benefits). Mr. Haas noted there has been an increase in the number of hours of service, not salary increases. Mr. Rice commented that SIRWCD's salaries are comparable to other water control districts. Mr. Beane believed that employee benefits constitute a large part of the expenses which cannot be controlled. Mr. Haas agreed that benefits constitute a substantial portion of this increase. Mr. Powell noted that the maintenance budget has shown minimal increase over the years. Mr. Rice then made a motion to approve the resolution adopting the proposed budget and levying special assessments. Mr. Berman seconded the motion and it carried unanimously.

Mr. Haas recommended approval of the monthly disbursements. A motion was made by Mr. Berman to approve these disbursements. The motion was seconded by Mr. Danchuk and carried unanimously.

Mr. English presented the general manager's report. Funds have been received from NRCS and Palm Beach County for riprap costs and canal cleaning. The Ford Explorer was traded for a flatbed GMC Sierra. A 15,000 kilowatt generator was purchased. The OGEM project was started in Jupiter Farms. Mr. English recommended extending the aquatic weed control contract with Aquagenix. The Board agreed and Mr. Rice made a motion to extend this contract for one year. Mr. Berman seconded the motion and it carried unanimously. Mr. English recommended trading in some old equipment for a new Ford tractor. Mr. Haas confirmed this is within the budget. Mr. Danchuk made a motion approving this transaction. Mr. Berman seconded the motion and it carried unanimously.

Mr. Lindahl presented the engineer's report. Ms. Christine Miranda presented an update on the potable water project. Milestone #1B has been released to be placed into service, and Milestone #1A will be reviewed by the Health Department in approximately ten days. The project is still on schedule for the beginning of 2008. Mr. Lindahl reported that the OGEM project has been started in Section 18. The time table will be presented at the next meeting. The staging area for this project is the District's Work Center.

Mr. Capko presented the attorney's report. He noted a public hearing needs to be scheduled for the 14th Plan of Improvements and suggested September 10th at the Work Center. The Board agreed and the time was set for 5:00 p.m. Mr. Capko will handle the required advertising for the public hearing, including any other business to come before the Board. Mr. Capko noted there has been no contact from either attorney regarding the OGEM project.

Mr. Danchuk reported on a small trial application of the dust control material discussed at the last meeting. He requested Board consideration for using this material on a larger section of road. The cost would be $1,500-2,000. Mr. Lindahl stated he is still researching this product and suggested the staff discuss its use prior to the September 10th meeting.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE ANNUAL LANDOWNERS' MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON SEPTEMBER 21, 2006
The annual landowners' meeting of the South Indian River Water Control District was held on September 21, 2006, at 7:30 p.m. at Jupiter High School, 500 N. Military Trail, Jupiter, Florida. Present were Supervisors Tom Rice, Bob Berman and Michael Danchuk. Also present were Len Lindahl, engineer; Charles Haas, treasurer; William Capko, attorney; Gale English, general manager; Donna DeNinno of Dick Gruenwald Associates, public information; and Jane Woodard, secretary. Approximately 11 landowners were also present.

Mr. Rice called the meeting to order and stated that the first order of business would be the election of officers for this meeting. The floor was then opened to nominations for chairman and secretary. Tom Rice was nominated for chairman and Jane Woodard was nominated for secretary. There were no other nominations and the chairman and secretary were so elected.

Copies of the minutes of the last annual landowners' meeting of September 15, 2005 were available. A motion to suspend the reading of the minutes was passed. There were no corrections or additions and the minutes were approved as submitted. Mr. Rice then called for the election of supervisors.

Mr. Berman nominated the two pre-declared candidates, Tom Rice and Dave Beane. There were no other nominations and a motion to close the nominations was passed. There was a call for final balloting and the election process was then closed. A representative from the Supervisor of Elections office removed the ballot box.

Mr. Lindahl presented the engineer's report. He stated SIRWCD is in compliance with all regulatory requirements that affect the works of the District and their operation, and the works of the District continue to be operated and maintained in a manner that achieves the available level of service. Mr. Lindahl discussed current capital improvement projects including the 13th Plan of Improvements, and pending landowner-initiated roadway improvement programs. Mr. Lindahl also discussed the public facilities report, regulatory agencies, the G-160 impact analysis study, the Pine Glades Natural Area, the 2005 hurricane season including NRCS grants and FEMA funding, SIRWCD's level of service and rainfall data.

Mr. English presented the general manager's report. He discussed District restoration efforts following hurricane Wilma, NRCS funding, routine maintenance on swales and outfalls, installation of OGEM on Jupiter Farms roadways, District involvement with various governmental agencies, equipment inventory, the District's function as a special taxing district, concerns about ATV's and dirt bikes on the roadways, landscape debris and District personnel.

Mr. Rice then opened the floor to general discussion by the landowners. Mr. Eldon Hatfield (169th Court North) asked about repairs or paving for roads that have become hazardous. He was concerned about the amount of dust that occurs immediately after a road is graded, and the large potholes that develop after a rainstorm which cause dangerous driving conditions. Mr. Lindahl stated that certain dirt roads became impossible to maintain due to traffic volume. In response to landowners' petitions, the District undertook a pilot program for an all-weather road surface. Mr. Rice noted there are certain roads that the County has paved in the interest of safety, especially around school areas. Any other road paving in the District is the result of landowner-initiated petitions.

Mr. David Talarico (175th Road N.) asked if the District is headed toward all paved roads in the future and if so, what the cost impact to the landowners will be. Mr. Rice again stated that road paving is only done as a result of landowner-initiated petitions. The cost will vary based on the number of landowners in the benefited area and the current cost of materials. Mr. Talarico also inquired about driveway culvert maintenance and how often canals are dredged. Mr. Rice stated that driveway culverts are the responsibility of the landowner. Mr. English stated the District uses a scheduled spraying program to keep the weeds under control in the canals. Mr. Talarico then inquired about the discharge of water into the District. Mr. Lindahl briefly discussed the impact on the District and the Pine Glades project. Mr. Lindahl also confirmed that the District's potable water project (also landowner-initiated) is entirely east of the C-18 canal.

Mr. Morris Amaya (Sandy Run) asked about funding for capital improvement projects and if this work is done by the District. Mr. Haas explained that the District borrows funds which are paid back by the benefited landowners over a period of years. Grant funds are also sometimes received from the federal government. Mr. Lindahl stated that the majority of these projects are bid out. Mr. Amaya also asked about swale maintenance and road grading in Jupiter Farms. Mr. English stated that swale mowing is accomplished up to the landowners' property lines, and roads are graded at least once a week.

Mr. Mike Carrasco (150th Court N.) inquired about the process for initiating road paving, and if the budget is reduced once a road is paved. Mr. Rice explained the petition process. Mr. Haas explained that those maintenance funds go into a sinking fund for future re-paving which eliminates the need for a special assessment.

Mr. Kevin Gier (Sandy Run) asked about the expense of recurring road maintenance. Mr. English discussed the problems associated with obtaining materials and increasing costs. He stated the only real solution is paving of some type. Mr. Gier also asked about meeting locations and advertising for same. Mr. Capko explained that notices of the annual meeting are mailed with the ballots. This information is also published in several newspapers, in the District newsletter and on the District website. Mr. English explained that using the high school for the meetings is a neutral location for both sides of the District.

Mr. Rice then called for voting on compensation for the supervisors. He explained that currently the supervisors are compensated at $50/day for a maximum of ten days per month. Mrs. Diane Frye made a motion to continue this level of compensation. The motion was seconded and after a brief discussion, Mrs. Frye amended her motion to provide for a maximum of eleven days per month. The amended motion was seconded and the motion carried with only Mr. Mike Carrasco opposed to the addition of the extra day.

There were no other landowner questions, and there being no further business to be discussed, the meeting was adjourned.

MINUTES OF THE RECESSED MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
AUGUST 2, 2007
The recessed meeting of the South Indian River Water Control District was held on August 2, 2007, at 5:00 p.m. at the District Work Center, 15600 Jupiter Farms Road, Jupiter, Florida. Present were Supervisors Tom Powell, Tom Rice, Dave Beane (via telephone conference), Bob Berman and Michael Danchuk. Also present were Len J. Lindahl, engineer; William Capko, attorney; Gale English, general manager; Laura Bender, public information; and Jane Woodard, secretary.

Mr. Powell reconvened the meeting of July 19, 2007, primarily to reconsider the issue of the paving contract for the 14th Plan of Improvements. He reviewed the vote from the previous meeting which was 2-2 on both the motion to re-bid the project and the motion to proceed with the contract with North Florida Emulsions (NFE). It was noted that, under standard parliamentary procedure, a motion to reconsider a prior motion must be brought by a prevailing party. Since both prior motions resulted in a tie vote, Mr. Berman would be the only party able to request the reconsideration of a motion. At this time, Mr. Berman made a motion to reconsider a motion to go forward with the contract with NFE. Mr. Rice seconded the motion and it carried unanimously. Mr. Berman then made a motion to go forward with the contract with NFE, authorizing and instructing the staff to take all steps necessary to proceed with that contract for the 14th Plan. Mr. Rice seconded the motion. Mr. Beane asked if there were any changes in the staff recommendations on this matter. Mr. Capko and Mr. Lindahl both stated there was no change in their recommendations made at the prior meeting. Mr. Berman stated he believed a re-bid could result in a higher price and the two bidders were both treated fairly in the bid process; he also noted there will be future roadway paving projects available for both bidders. Mr. Berman encouraged the Board members to try to vote unanimously on this motion. Mr. Beane commented that any delay in the project could be critical and he was still inclined to follow the staff recommendations. Mr. Rice commented that the project could be delayed by legal action taken by either of the two bidders. Mr. Danchuk commented there will be more paving projects open to bids in the future. Mr. Powell called for a vote. Messrs. Powell and Beane voted against the motion; Messrs. Berman, Rice and Danchuk voted in favor of the motion; the motion carried 3-2.

Mr. Powell commented that the attorney for SIRWCD represents the District and it is not a problem when all Board members are not in agreement with the attorney's opinion.

Mr. Danchuk briefly discussed a dust control material approved by EPA. He distributed literature and requested an opinion from the engineer.

There being no further business to come before the Board, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
JULY 19, 2007
The regular meeting of the South Indian River Water Control District was held on July 19, 2007, at 7:30 p.m. at Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Tom Rice, Dave Beane (via telephone conference), and Michael Danchuk. Also present were Len J. Lindahl, engineer; Charles Haas, treasurer; William Capko, attorney; Gale English, general manager; Donna DeNinno, public information; and Jane Woodard, secretary.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given. Mr. Powell called for discussion of the financing package for the Palm Beach Country Estates water distribution system hookups. Mr. Haas requested Board approval to close the loan for the public financing as discussed at previous meetings. He again explained this is a voluntary financing program which will be offered to the landowners for their hookup fees. The loan is a two-year line of credit with an option to convert to a 15-year term loan. Mr. Capko presented a resolution authorizing the issuance of a promissory note in favor of Regions Bank and also recommended approval. Mr. Rice made a motion approving the seconded the motion and it carried unanimously.

Mr. Powell then called for discussion of the paving contract for the 14th Plan of Improvements and the option to re-bid that project as discussed at the July 2nd emergency meeting of the Board. Mr. Capko reported he researched issues raised at that meeting and his recommendation to re-bid the project has not changed. He introduced Thomas Callan, attorney for North Florida Emulsions (NFE) and Kevin Fowler, attorney for Florida Highway Products (FHP) and asked that the Board allow them to make presentations regarding their positions. The Board acknowledged that letters and pertinent information have already been received from the two attorneys and reviewed by the Board and staff; the attorneys were then invited to make oral presentations. It was Mr. Fowler's opinion that the competitive bidding process was not followed properly especially in terms of advertising and notification that this was to be a competitive bid. It was Mr. Callan's opinion that Chapter 255 is very broad as to the process for this type of bid, NFE was the low bidder and FHP was present at the award of the bid. Mr. Jeffrey King, president of NFE, stated he will guarantee payment of SIRWCD's legal fees if this matter is brought to court. It was Mr. Capko's opinion that SIRWCD would probably prevail in a lawsuit, but the issue is the risk to the project as a whole. The project would be delayed until a lawsuit is resolved, probably resulting in increased costs. After further discussion by the Board and staff, Mr. Danchuk made a motion to give the Notice to Proceed to NFE and Mr. Rice seconded the motion. Messrs. Danchuk and Rice voted in favor of the motion; Messrs. Powell and Beane voted against the motion. After further discussion, Mr. Danchuk made a motion to re-bid the project and Mr. Powell seconded the motion. Messrs. Powell and Beane voted in favor of the motion; Messrs. Danchuk and Rice voted against the motion. Because neither motion passed, the Board agreed to recess this meeting to August 2nd at which time all five Board members will be present. Mr. Brian King from NFE agreed to hold the bid prices until all five Board members are available for another vote.

Mr. Powell asked if there were any additions or corrections to the minutes of February 15th, April 19th, May 24th and July 2nd. Mr. Powell noted a minor correction in the minutes of May 24th. Mr. Danchuk made a motion to approve all minutes with the correction noted in the May 24th minutes. Mr. Powell seconded the motion and it carried unanimously.

The public information report was presented by Ms. DeNinno. She reported on the feedback from the initial informational letter sent out regarding the PBCE water hookup. There were 556 responses: 336 plan to hook up now and use the District's financing plan; 125 plan to hook up now and pay up front; 35 plan to hook up in the future; 60 had no interest.

Mr. Haas presented the treasurer's report. He presented the proposed budget and requested that the Board review this before the next meeting. He noted that the only new project is the OGEM paving. Mr. Haas then recommended approval of the monthly disbursements. A motion was made by Mr. Rice to approve these disbursements. The motion was seconded by Mr. Danchuk and carried unanimously.

Mr. English presented the general manager's report. He reported on ERM's proposal to install a wooden foot bridge over the Loxahatchee River channel near the turnpike; he will monitor this issue. Mr. English is discussing cost-sharing for riprap operations with the County. The request from landowner Pedro Garcia regarding replacement of a driveway culvert was discussed. Mr. Powell noted that although the District has an easement over the land involved, the District cannot give another landowner an easement over that same land because it is not owned by the District. Mr. English will relay this information to Mr. Garcia. Mr. English requested approval to offer the Ford Explorer SUV as a trade-in for a truck and the Board agreed.

Mr. Lindahl presented the engineer's report. An update was presented regarding the potable water project in PBCE. The contractor is focusing on the Milestone #1B certification. The forms will be submitted to the Town of Jupiter for review and signing of the certification forms, which will then be turned over to the Health Department. Milestone #1A is now ready for the bacteriological sampling and proceeding with the certification process.

Mr. Capko presented the attorney's report.

Mr. Danchuk stated there are several low-lying vacant lots in the District and he asked the Board to consider purchasing these lots for water storage areas. Mr. Lindahl noted that more storage areas help with major rainfall events. The Board asked the engineer to prepare a preliminary report on this issue.

At this time the Board agreed to recess the meeting until August 2nd at 5:00 at the District Work Center.

MINUTES OF THE EMERGENCY MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
JULY 2, 2007
An emergency meeting of the South Indian River Water Control District was held on July 2, 2007, at 5:00 p.m. at the District Work Center, 15600 Jupiter Farms Road, Jupiter, Florida. Present were Supervisors Tom Powell, Tom Rice, Dave Beane (via telephone conference), Bob Berman, and Michael Danchuk. Also present were Len Lindahl, engineer; William Capko, attorney; Gale English, general manager; Laura Bender, public information; and Jane Woodard, secretary. Brian King from North Florida Emulsions (NFE) and Cynthia Hopkins, court reporter from Esquire Deposition Services (on behalf of Thomas Callan, attorney for NFE) were also present. Mr. Powell called the meeting to order. He stated the purpose of the meeting is to discuss the contract awarded for paving on the west side of the District.

Mr. Capko stated the Board previously authorized award of a contract to NFE for the 14th Plan of Improvements. Prior to the Notice to Proceed being issued, SIRWCD received correspondence from attorneys on behalf of another bidder, Florida Highway Products (FHP), leading SIRWCD to anticipate a formal bid protest. A meeting was held June 29th with the District engineers, Mr. Capko and his partner Terry Lewis, and Mr. English to discuss the matter. After significant discussion, the staff recommends it is in the best interest of the District to re-bid the project. Mr. Capko emphasized that the staff is confident the District actions in awarding the contract followed state law and would ultimately be supported if challenged in circuit court. However, a lawsuit could result in a serious delay in the project, whereas a re-bid of the project could get the project back on track in approximately 60 days. Mr. Lindahl stated that the items to be bid are not complicated and a pre-qualification package could be expedited.

Mr. Rice questioned if there are legal grounds for FHP to make this challenge. Mr. Capko stated there are provisions in Chapter 255 that are not clear as to the required process for this type of bid; an argument could be made by an opposing party. Mr. Rice was concerned that this type of a challenge is wrong because it is interfering with the Board's ability to represent the landowners. He stated the Board is now faced with additional legal fees at the expense of the landowners. Mr. Rice was also concerned with future bids on other projects.

Mr. Powell stated FHP's basis is not strong but it is enough to cause problems for the District in terms of delays, legal fees, etc. From a business standpoint, the Board needs to avoid these problems. Mr. Capko and Mr. Lindahl confirmed that under the statutes the District is required to accept the lowest responsive and responsible bidder; NFE is a good contractor and was approximately $200,000 lower than its competitor. Mr. Danchuk questioned if FHP has filed similar protests in the past. Mr. Capko believed this has happened but had no personal knowledge as to specifics.

Mr. Capko explained that if this issue is taken to court, a temporary injunction could be issued, stopping the project until the bid protest case runs its course. Recovery of legal fees and other damages as decided by the judge could be awarded to the prevailing party. At this time, Mr. Capko was not aware of any statutory provision that directly determines the time frame, i.e. 30 days, for a protest to be filed. Mr. Lindahl explained there are provisions in the contract for termination prior to the Notice to Proceed being issued with no responsibility of payment to the contractor. He was unable to estimate at this time what the cost would be to re-bid the contract. It was Mr. Lindahl's opinion that when a contractor hires an attorney to stop a project, the agency is forced to make a decision based on the risks, timing and benefits. It was also his opinion that this is a ploy that the legal system allows, putting public entities in the position to "re-do" because of a timing issue.

Mr. Rice commented that if the District re-bids the project, there is nothing to prevent another protest. He considered it a no-win situation and Mr. Beane agreed. It was Mr. Beane's opinion that, although abhorrent, a re-bid is the best way to complete the project at an affordable cost to the landowners. He was concerned that steps must be taken to be sure this situation cannot happen again. Mr. Lindahl stated it would build our position to go through a re-bid process. This would include a formal qualification that does not rely on existing contracts with other local governments, i.e., no piggybacking. All other specifications would remain unchanged. Mr. Powell introduced Brian King from NFE who stated his intent in the bid process was to save the District money and give a good product. He believed it would be a good idea for the Board to delay making a decision for 30 days. He stated FHP has taken this type of action before when losing a bid. Mr. King stated his company is willing to put up $50-100,000 toward legal fees for the District if there is a lawsuit.

Mr. Rice asked the Board to table further action for 14 days so counsel can review all legal ramifications and the Board can reflect further on the situation. Mr. Lindahl asked Mr. King to waive any time limits in the contract documents that are statutorily required for issuing the Notice to Proceed, until after the regular July Board meeting; Mr. King verbally agreed. The Board was in agreement to table further action until the July 19th Board meeting. Staff was requested to keep the Board informed promptly of any dialogues, letters, etc. Mr. Beane requested that he be informed by hard copy in addition to e-mail.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
MAY 24, 2007
The regular meeting of the South Indian River Water Control District was held on May 24, 2007, at 5:00 p.m. at the District Work Center, 15600 Jupiter Farms Road, Jupiter, Florida. Present were Supervisors Tom Powell, Dave Beane (via telephone conference), Bob Berman, and Michael Danchuk. Also present were Len Lindahl, engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; Donna DeNinno, public information; and Jane Woodard, secretary.

Mr. Powell called the meeting to order. He stated the primary issues to be discussed at this meeting are the financing for the road improvement program and the award of the contract.

The Board agreed to defer approval of the corrected February 15th minutes and the April 19th minutes.

The public information report was presented by Ms. DeNinno who reported that the May-June newsletter has been mailed out.

Mr. Haas presented the treasurer's report. Mr. Danchuk made a motion to ratify the approval of the monthly disbursements. Mr. Berman seconded the motion and it carried unanimously.

Mr. English presented the general manager's report. He noted Mr. Burkhart has promised payment but it has not yet been received. New gates on the canal rights-of-way in Palm Beach Country Estates have been installed. Mr. Berman commented that this issue still needs discussion by the Board.

Mr. Lindahl presented the engineer's report. A presentation was made regarding the potable water project. The contractor is focusing on restoration and testing. The District engineer is now working with the contractor to pre-test each area which must pass inspection before the contractor moves to the next area. Last week the engineer attended a property owners meeting to answer questions, all of which were very positive. A representative from the Town of Jupiter was also present at that meeting.

Mr. Lindahl reported on the 14th Plan of Improvements. Two contractors submitted proposals which were evaluated for purposes of piggybacking. He recommended North Florida Emulsions which was the lowest bid at $2.7 million. Mr. Haas stated the cost/parcel/year is within what was quoted in the referendum. Mr. Capko stated funding is anticipated to be received by the bank tomorrow. Mr. Berman made a motion to award the contract to North Florida Emulsions, subject to receipt of funding. Mr. Danchuk seconded the motion and it carried unanimously.

Mr. Capko presented the attorney's report. He presented a resolution authorizing issuance of the promissory note not to exceed $3.2 million for the 14th Plan of Improvements in order to close this transaction tomorrow. Mr. Haas noted that all the bids received were based on a formula and the actual fixed rate over a 20-year term is 4.16%, which is within the anticipated range. Mr. Capko explained that the resolution sets forth the terms of the loan from Regions Bank to the District and authorizes the execution of all other loan documents. Mr. Capko and Mr. Haas both recommended approval of the resolution. Mr. Berman made a motion so authorizing the resolution. Mr. Beane seconded the motion and it carried unanimously.

Mr. Ron Steedly, landowner, requested an update on the status of the Rocky Pines situation. Mr. Capko stated that attempts to amend Chapter 95 were unsuccessful. He suggested getting a sponsor and preparing a separate bill for this issue for the next legislative session. Mr. Capko will seek direction from the Board on this matter before the end of the year.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
APRIL 19, 2007
The regular meeting of the South Indian River Water Control District was held on April 19, 2007, at 7:30 p.m. at the Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Dave Beane, Bob Berman, Tom Rice and Michael Danchuk. Also present were Len Lindahl, engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; Donna DeNinno, public information; and Jane Woodard, secretary.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given.

Mr. Powell asked if there were any corrections or additions to the minutes of February 15, 2007. Mr. Danchuk noted that his statements regarding Mr. Berman's straw poll as to paving were omitted. The secretary was directed to review the tape of the meeting and include Mr. Danchuk's statements. It was agreed to table approval of these minutes until the next meeting.

The public information report was presented by Ms. DeNinno. News releases were sent to local newspapers. The website was updated. Attendance at the 16th Annual Landowners' Family Day was approximately 650, comparable to previous years. A presentation award for NRCS was presented to Jesse Wilson at that event.

Mr. Haas presented the treasurer's report. He discussed the financing package for the Palm Beach Country Estates water distribution system hookups. Regents Bank presented the most competitive proposal offering a $3 million line of credit over a two-year period. This will be converted to a 15-year term loan after two years. Mr. Haas met with the business manager for the Town of Jupiter's utilities to discuss interfacing with them. It was agreed that the landowner will sign a voluntary assessment agreement with SIRWCD. SIRWCD will then send this information to the Town of Jupiter on a monthly basis, which will allow the Town to draw on SIRWCD's line of credit. He recommended Board approval of Regents Bank as the lender for this line of credit. Mr. Berman made a motion approving Regents Bank's proposal. Mr. Rice seconded the motion and it carried unanimously. Mr. Haas stated he will be preparing a separate informative mailing for the landowners. Mr. Berman suggested two separate mailings: the first with general information, followed by a second more detailed letter as each phase nears completion.

Mr. Berman commented that he has negotiated a fixed price of $620 from a licensed plumbing contractor for installation of the line from the meter to the house.

Mr. Haas discussed financing for the OGEM project and again recommended Regents Bank's proposal. This financing is tax exempt and the rate is 4% over a 20-year period which will be fixed at closing. The Board agreed to defer further discussion on this financing until the District engineer has made his report on the estimated costs.

Mr. Haas recommended approval of the monthly disbursements. A motion was made by Mr. Berman to approve these disbursements. The motion was seconded by Mr. Danchuk and carried unanimously.

Mr. English presented the general manager's report. He discussed delivery of pay requisitions from Felix & Associates and National Waterworks; completion of the NRCS rock rubble riprap installation in Jupiter Farms and Palm Beach Country Estates; installation of a gate at C-12 and Indiantown Road; discussions with SFWMD regarding funding for the outfall right-of-ways clearing; Bay Colony reimbursement for legal fees; and funds received from FEMA for activities following Hurricane Wilma. Mr. English reported that several paintings in the District office were purchased by him over 20 years ago, for which he was reimbursed. At this time he requests permission to exchange some of these paintings at his expense. Mr. Danchuk made a motion approving this request. Mr. Berman seconded the motion and it carried unanimously.

Mr. Danchuk reported on a meeting with the Sheriff's Department who has requested confirmation that the District will support them in the event of vandalism on the canal banks within the District, and that Mr. English will be available to testify as to trespassing issues. Mr. Lindahl presented the engineer's report. A presentation was made regarding the potable water project showing the construction milestones. It is planned to have all pipes in the ground prior to the upcoming wet season, and the project is expected to be completed by February, 2008. When milestone #1 is certified, the water can be turned on. A certain percentage of restoration must be completed by the contractor before moving to the next milestone.

Mr. Lindahl reported on the 14th Plan of Improvements. The cost estimate for OGEM is currently at $14.95/sq. yard, a 46% increase since December. He noted there was only a 15% contingency included in the referendum. Mr. Lindahl stated the District needs to "piggyback" on a public contract as soon as possible and requested authorization for the chairman to enter into a contract for the proposed 14th Plan, utilizing an existing public contract. He reported that by negotiating with a contractor, utilizing the contingency and with the favorable financing secured by Mr. Haas, the District can stay with the original cost estimate included in the referendum. Mr. Haas suggested requesting an increase in the amount of the bank loan. Mr. Rice made a motion so authorizing the chairman to enter into a contract for the 14th Plan and Mr. Beane seconded the motion. Mr. Danchuk was concerned with financing this project over 20 years since OGEM does not have a 20-year life span. Mr. Lindahl explained there is a replacement and renewal program for resurfacing, just as there would be for any other type of road. Mr. Haas confirmed that a 20-year financing plan was included in the referendum presented to the landowners. After a brief discussion, the motion carried unanimously.

Mr. Lindahl then discussed the $20 million cost for county-standard roadways on the east side. He and Mr. Danchuk met with several contractors in order to explore less costly paving options. Mr. Lindahl concluded that in order to look at something less than $20 million, a hybrid would need to be developed. However, this would be a deviation from what was represented to the landowners and would not meet county standards. He discussed the specifications of a hybrid which could be constructed at an estimated $15 million. Mr. Danchuk stated the landowners are not concerned about deeding the roads over to the County. Mr. Lindahl reported that the use of OGEM for all-weather roads throughout the state has increased, not just in rural areas but also in subdivisions due to its cost and durability. He noted that the life expectancy of a hybrid road has not yet been determined. It was Mr. Danchuk's opinion that a referendum for constructing a hybrid road should be presented to the landowners. Mr. Berman stated that the Board should only inform the landowners of what is available; the landowners will in turn let the Board know what they want. The only referendum the Board is authorized to conduct is for county-standard roads with a current cost estimate of $1200/year for 20 years. Mr. Capko confirmed that the Board can only act on what the landowners have requested, which at this time is county-standard roads. Mr. Lindahl stated considerable research and testing need to be done on a hybrid road before an information packet could be put together for the landowners. Mr. Danchuk stated that any information sent to the landowners must include the true cost of maintenance. He inquired if a particular road could be paved on an independent basis without consulting the District. Mr. Lindahl stated if the landowners on that road are paying for paving with no financing involved and no public representation by an agency such as SIRWCD, this could be done but the road must be accepted by the District engineer and the District must be in a position to maintain that road.

Mr. Capko presented the attorney's report. He reported that the special district assessments have successfully been kept out of the rollback provision of the legislation. However, attempts to amend Chapter 95 to cover the Rocky Pines Road situation have so far been unsuccessful. He confirmed that a response was sent to Commissioner Karen Marcus regarding the sidewalk issue discussed at the last meeting.

Mr. Berman discussed an "attractive nuisance" in SIRWCD, specifically in Palm Beach Country Estates, in the form of easy accessibility to the District's canal rights-of-way and easements. Landowners have reported to him that youths are bringing cars and trucks onto these canal rights-of-way on the weekends, resulting in District property being destroyed. Mr. Berman asked the Board to address a control and maintenance issue including the rebuilding of what has been destroyed, the safety issue for District employees due to mud holes, erosion and unstable areas, and public safety for those youths congregating in their vehicles. He requested that Mr. English be authorized to immediately identify the areas that need to be secured by fences and gates, and that the District obtain personnel security for the weekends at these sites. Mr. Rice suggested a workshop to discuss policy decisions. Mr. Berman made a motion authorizing Mr. English, as an emergency measure, to install fencing and gates at the canal access points in Palm Beach Country Estates that are most vulnerable. Mr. Danchuk seconded the motion and it carried unanimously.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
FEBRUARY 15, 2007
The regular meeting of the South Indian River Water Control District was held on February 15, 2007, at 7:30 p.m. at the Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Dave Beane, Bob Berman, and Michael Danchuk. Also present were Len Lindahl, engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; Donna DeNinno from Dick Gruenwald & Associates, public information; and Jane Woodard, secretary. Approximately eight landowners were also present.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given.

Mr. Powell stated this meeting also constitutes the second public hearing for the landowner-initiated roadway improvement project as required by law and as properly advertised. Mr. Lindahl presented a brief explanation of the 14th Plan of Improvements. The Plan includes 13 miles of roads to be improved by the application of OGEM at an estimated cost of $3.2 million with 573 lots fronting the roads. Financing for the project will be over a 20-year period. Rocky Pines Road has now been excluded from this Plan due to certain legislative requirements as discussed at previous meetings.

Mr. Powell then opened the floor to comments from landowners. A landowner asked about assessments for corner lots and if swale maintenance will continue. Mr. Powell stated that corner lots will be assessed only once, and swale maintenance will continue.

Another landowner on 189th Court stated there were six landowners on her road who never received ballots and who are now requesting a re-vote. She also stated some of the landowners on that road want to change their vote because of the increased cost; they only want the drainage issue resolved, not road paving. Mr. Powell explained that a petition was circulated by the landowners in that community and more than 25% wanted paving. In response to that petition, a referendum was then conducted, which included estimated costs, and a majority voted in favor of paving. The law states that the current tax roll is to be used for voting purposes, i.e. distribution of ballots, and this was done. All proper procedures were followed by the District. Mr. Lindahl stated that the ballots were mailed by an independent entity who then provides the District with a certified list as to where the ballots were sent. The ballots were returned to the Supervisor of Elections Office and the results in turn were reported to the District. Mr. Haas confirmed this was the procedure used. Mr. Powell stated that this referendum was not flawed, all proper procedures were followed as required by law, and the District now has the authority to assess those properties; another vote would not change that result. The Board agreed to check the certified list to verify that ballots were sent to the six addresses in question.

Mr. Powell acknowledged receipt of a letter from Jeffrey Dick regarding one of the roads included in the 14th Plan of Improvements.

There were no further comments from the landowners, staff or Board and the public hearing portion of the meeting was closed.

Mr. Powell asked if there were any corrections or additions to the minutes of January 18, 2007. A correction was noted on page two and certain clarifications were requested on page four. The minutes were approved as corrected.

The public information report was presented by Ms. DeNinno. News releases were sent to local newspapers. The website was updated. The winter newsletter is about to go to print. Work continues for Family Day scheduled for March 17th, and for the presentation award for NRCS. Ms. DeNinno commented that several of the District's newsletters discussed the road improvement projects, the information has been on the District's website, and the Jupiter Courier also reported on the project.

Mr. Haas presented the treasurer's report. He discussed the financing program for the Palm Beach Country Estates water distribution system which was previously distributed to the Board and staff. He explained that under the terms of the agreement with the Town of Jupiter, SIRWCD pays for 50% of the connection fees up front, estimated at $3900/connection. A voluntary financing package has been structured to help the landowners pay this fee. The concept is to obtain a line of credit for approximately two years which will then be converted to a term loan with an amortization period of 15 years. The majority of the homes in the area will qualify for the standard $3900 fee but there are larger homes that will likely require a $9000 connection fee based on square footage and as determined by the Town of Jupiter. The key to the financing program is that each landowner who wants to avail themselves of this financing program will execute an agreement with SIRWCD to voluntarily be assessed. The agreement will be recorded and run with the land, i.e. the balance of the assessment will not be due on sale but will continue until the financing is completely paid for. No formal court hearing process will be required. Mr. Haas confirmed that landowners will basically have a two-year window to get into this financing program prior to its conversion to a term loan. As soon as the agreement with SIRWCD is executed, a check will be issued by SIRWCD to the Town of Jupiter to pay the connection fee. The landowner's assessment will then be included in the next tax bill. The Board was unanimously in favor of this program. Mr. Haas will now draft an RFB to be sent out to the banks.

Mr. Haas recommended approval of the monthly disbursements. A motion was made by Mr. Berman to approve these disbursements. The motion was seconded by Mr. Beane and carried unanimously.

Mr. English presented the general manager's report. He reported on NRCS funding for the riprap installation program and canal cleaning, landscaping around the new Verizon tower, DERM's exotic tree removal program, termination of three part-time employees, the possible low-level arsenic contamination near a perimeter canal in Section 33, and receipt of the Canal 2 lake area easement. Mr. English requested that the Ford Explorer SUV be declared surplus for purposes of trading it in for a new SUV. The Board agreed and Mr. English will seek bids for a replacement. He also requested that two obsolete and inoperable radios be declared surplus. Mr. Beane made a motion to declare these items surplus. Mr. Berman seconded the motion and it carried unanimously.

Mr. Lindahl presented the engineer's report. He discussed the status of the potable water project in Palm Beach Country Estates. The pipe is being installed at a rate of approximately one mile/day. The estimated completion date for the entire project is February, 2008.

Mr. Lindahl reported on the 14th Plan of Improvements. He has followed up with landowner questions from the previous public hearing. He discussed the letter received from Jeffrey Dick regarding 126th and those concerns are being addressed. Mr. Beane commented that the proper process was followed by the Board and there was ample time for landowner discussion prior to the referendum which subsequently passed. The engineer has now confirmed that this road can be tied to Mellon which is already paved so there will be a connection to a paved road. Mr. Lindahl confirmed that the Plan provides for this issue.

Mr. Capko presented the attorney's report. Mr. Powell commented on the letter received from Commissioner Karen Marcus regarding putting in a sidewalk. He suggested that Mr. Capko send her a response stating that the Board is looking into this matter; the Board agreed. Mr. Capko stated that there may be circumstances under which Chapter 298 Districts can do such a project and he will prepare an outline of the issues involved. In the meantime, he will respond to Commissioner Marcus' letter.

Mr. Berman reported on the straw poll he conducted regarding asphalt road paving in Palm Beach Country Estates. The results were 2:1 in favor of road improvements but only 18% were in favor at the currently estimated costs. It was Mr. Berman's opinion that if a referendum had been held it would not have passed. Mr. Berman confirmed that he volunteered to conduct this straw poll as an individual landowner concerned about the increased costs for paving.

A landowner asked if the County could financially assist with roads, street lights, etc. Mr. Danchuk stated that the landowners' association recently requested such assistance and it was told there are no funds available to help communities with dirt roads wanting paving.

In answer to another landowner's question, Mr. Haas clarified the payment of water connection fees in PBCE. Each individual landowner is responsible to pay the connection fee to the Town of Jupiter when service is requested. In order to assist the landowner with the payment of this fee, SIRWCD will provide a financing package (as discussed earlier) strictly on a voluntary basis.

There was general landowner discussion regarding road paving and private vs. County ownership of roads in the District. Mr. Danchuk stated that, separate from this Board of Supervisors, the landowners' board has also been looking at how to reduce the cost of paving. It was his opinion that the 18% on the straw poll who want to have paving regardless of the cost is a considerable number. He invited interested landowners to meet with him after this meeting.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
JANUARY 18, 2007
The regular meeting of the South Indian River Water Control District was held on January 18, 2007, at 7:30 p.m. at the Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Dave Beane, Bob Berman, Tom Rice and Michael Danchuk. Also present were Len Lindahl, engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; and Donna DeNinno from Dick Gruenwald & Associates, public information.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given.

Mr. Powell asked if there were any corrections or additions to the minutes of October 19, 2006. There was one typographical error noted on page four and the minutes were approved as corrected.

Attorney Capko administered the oath of office to Mr. Beane. The public information report was presented by Ms. DeNinno. The fall newsletter has been uploaded to the website. Work is in progress for the winter newsletter and annual Family Day which is scheduled for March 17th.

Mr. Haas presented the treasurer's report. He recommended approval of the monthly disbursements. A motion was made to approve these disbursements. The motion was seconded and carried unanimously.

Mr. Haas announced he is in the process of separating from the accounting firm of Rachlin, Cohen and Holtz and hopes to continue on as the District's treasurer.

Mr. English presented the general manager's report. He reported on the funding for the riprap installation program, delivery of a new 28th trailer from Nortrax, the new Verizon tower and repair of the work center's roof.

Mr. Lindahl presented the engineer's report. He recommended putting together a recognition plaque for NRCS to show the District's appreciation for the funding and assistance provided. The Board unanimously agreed and Mr. Rice will handle this.

Mr. Lindahl then discussed the current estimated costs for the roadway improvement program in Palm Beach Country Estates. Working from the basis that all of the currently unpaved roads in the area would be paved, this involves approximately 33-1/2 miles for a total of $20 million. This would result in an assessment of $14,000-$15,600/parcel, $1,300-$1,450/year. When the road improvement program was first initiated, the cost estimate was $260,000/mile, and the estimate is now $590,000/mile. This increase is primarily driven by the cost for the rock and anything related to a petroleum-based product.

A lengthy discussion by the Board followed. Mr. Powell was concerned about presenting these costs to the landowners on a referendum and believed there are lower cost alternatives that can also be presented. Mr. Berman was concerned about incurring the cost of a referendum that he did not believe would pass because of these increased cost estimates, especially when the landowners are already faced with increased costs for taxes and insurance. Mr. Danchuk, however, was concerned about the legality of not going forward with what landowners requested in their petitions, i.e. a county-standard road. The attorney stated the Board cannot move ahead with a plan amendment until there is documented evidence from 25% of the affected landowners that they want to consider a plan amendment; however, there is nothing in the statutes that requires the Board to proceed. If the Board determines this quality of paving is unlikely to occur, it has the authority to present alternatives on a referendum. Mr. Rice suggested postponing the referendum for a few months until the potable water project is completed and that final assessment is established. Mr. Danchuk was strongly opposed to postponing a referendum and conducting any more research for alternatives. He was also concerned that these petitions were presented two years ago when cost estimates were more reasonable and he felt the cost of a referendum is justified. Mr. Berman pointed out that the landowners in Palm Beach Country Estates were not presented with an alternative to the asphalt paving on the petitions that were distributed. He suggested conducting a straw poll presenting alternative standards of paving. The Board discussed the long-term costs of maintenance on the different types of paving and the method of determining the annual budget for the sinking fund. Mr. Powell stated that Mr. Berman has done more for the PBCE community than anyone; he knows the community and what those landowners want, and the Board can rely on Mr. Berman's knowledge of the community. Mr. Powell also stated that the Board is obligated, in his opinion, to put together a good program that can be presented to the landowners that has an opportunity to do what the landowners want, i.e. improve the roads in an affordable way. Mr. Powell further stated that in his opinion the initial plan for county-standard roads is no longer affordable and the Board is now obligated to find something that is affordable. Mr. Beane stated he is in favor of a straw poll rather than incurring the expense of a referendum at this time. He also was in favor of presenting information on alternative standards of road improvement. Mr. Danchuk made a motion to immediately conduct the referendum for a county-standard road improvement project in Palm Beach Country Estates. There was no second and the motion failed. The Board then unanimously agreed that Mr. Berman will conduct a straw poll in PBCE as discussed, and report the findings as soon as possible.

Mr. Lindahl then discussed the progress of the potable water project in Palm Beach Country Estates. Approximately 16 miles of pipe has been placed and the materials have been almost completely paid off. Mr. Berman commented that the supervision and management of this project from an engineering standpoint has been exceptional.

Mr. Lindahl discussed a permit submitted by the Town of Jupiter associated with the wellfield recharge program. This program involves taking water that would otherwise be discharged to tide water and never recaptured, keeping it within the system and using it to recharge Jupiter's wellfield. Under an agreement with the District, Jupiter utilizes the District's infrastructure along the Turnpike and I-95 to get water into Indian Creek, Egret Landing and Jupiter Commerce Park. However, because there is not enough ability to move water into Egret Landing for sufficient recharge, a permit has been applied for to provide pumps adjacent to the outfall structure. Mr. Lindahl noted that in the agreement with the Town of Jupiter, Egret Landing cannot be filled above the bleed-down level so there is no change in the active storage for Egret Landing that would cause diminished flood protection. Also, the system cannot be taken down on the intake side below a certain level. These conditions will be restated in the permit.

Mr. Capko presented the attorney's report. Legislative options to solve the road paving problem in Rocky Pines have been reviewed Mr. Capko stated the best possibility for success in a timely manner would be to amend Florida Limitations Code Section 95.361 to include roads maintained by special districts, and he recommended pursuing this option. The Board unanimously agreed to authorize and instruct the staff to pursue this option. Mr. Lindahl stated that this road could be included in the contract as an option, with the provision that it be done last, contingent upon the necessary approvals.

Mr. Capko also discussed the previously-discussed program to fund the connection charges for the potable water project in PBCE. The Board agreed this program should be established.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
OCTOBER 19, 2006
The regular meeting of the South Indian River Water Control District was held on October 19, 2006, at 7:30 p.m. at the Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Dave Beane (via conference phone), Bob Berman, Tom Rice and Michael Danchuk. Also present were Len Lindahl, engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; Donna DeNinno from Dick Gruenwald & Associates, public information; and Jane Woodard, secretary. Approximately 15 landowners were also present.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given.

It was noted that the election results from the Supervisor of Elections Office were ratified at the previous Board meeting. Attorney Capko administered the oath of office to Mr. Rice, attested to by Ms. Woodard as the notary public. Mr. Beane will take the oath of office at the next meeting when he is physically present.

Mr. Powell opened the floor to nominations for officers. Mr. Rice made a motion to retain the current officers: Tom Powell as President, Tom Rice as Vice-President, Charles Haas as treasurer, Jane Woodard as secretary, and all Board members as assistant secretary. Mr. Berman seconded the motion and it carried unanimously. The Board also unanimously agreed to retain the current committee chairmen: Tom Rice as chairman for the communications and public relations committee, Dave Beane as chairman for the policies and procedures committee, and Tom Powell as chairman for the budget and finance committee. Mr. Berman will continue to act as liaison for the potable water project in Palm Beach Country Estates.

Mr. Powell stated this meeting also constitutes a public hearing for the roadway improvement project as required by law. He noted that preparation of an engineering plan is the next step in the process and that plan is being presented to the landowners at this time for their comments. Mr. Lindahl presented a map of the roads included in the 14th Plan of Improvements. The Plan includes 14 miles of roads to be improved by the application of OGEM at an estimated cost of $3.45 million. This is divided into two groups of roadways: Rocky Pines, approximately 1 mile in length, at an estimated cost of $250,000 ($900/year); and all other roads constituting approximately 13 miles, at an estimated cost of $3.2 million ($515/year). The financing for both projects would be over a 20-year period.

Mr. Powell then opened the floor to comments from landowners. Mr. Dan Miller, on 159th east of 133rd, asked if those landowners fronting the paved roads are the only ones paying for that paving. Mr. Lindahl stated when the assessment of benefits is prepared, that issue will be formalized and another public hearing will be held to discuss it. Mr. Miller stated he received referendum ballots for the three lots he owns, although none of the lots front a road that is to be paved. Mr. John Dennis, also on 159th, had the same inquiry. The Board and engineer agreed to look into this matter. Mr. Lindahl stated that based on previous improvement plans, if a landowner does not front a road that is to be paved, he is not assessed.

A letter from Jill Blitman on 150th Court North was read by Mr. Capko. In her letter she stated her completed ballot was given to her husband to submit. Unfortunately, he "went missing shortly thereafter " and has been officially a missing person for the past three months. She expressed her concern that her "no" vote was not counted.

Mr. John Dennis requested that he be notified prior to being assessed. The Board stated the 2nd public hearing will be announced and publicized in the newspapers and on the website, at which time the benefited area will be discussed.

Mr. Andrew Sintelli and Mr. Al Rossi asked about the standards for the road prior to the application of OGEM. Mr. Lindahl stated a base is applied to the road for structural integrity, the road elevation is addressed, and a base is reapplied just prior to the application of OGEM.

Mr. Matt Davis, on 103rd Terrace North, asked if there will be any improvement in the swale drainage. He was also concerned about the impact of large trucks traveling on OGEM roads. Mr. Lindahl stated the conditions of culverts and drainage will be addressed. He also stated OGEM has been used on county roads and in heavy truck traffic with no problems reported.

Mr. Steve Carew inquired about the culvert crossings invert at 189th and Mr. Lindahl stated this will be checked.

Mr. Dan Miller inquired about the expected life span of OGEM roads. Mr. Powell stated the maintenance is funded so when resurfacing is required, there will not be an additional assessment. Mr. Lindahl estimated the life span for OGEM is approximately ten years.

Ms. Carol Clark noted that a previous construction staging area destroyed the sidewalk and was open to children playing on rock piles and equipment. She was concerned about liability for injuries and the unrepaired sidewalk. The Board stated it was aware of these problems in the past and will address these issues with this project.

There were no other landowner comments and Mr. Powell closed the public hearing portion of the meeting. Mr. Rice made a motion authorizing and instructing the engineer to prepare a report for the 14th Plan and file it with the appropriate agencies. The motion was seconded and carried unanimously.

Mr. Powell asked if there were any corrections or additions to the minutes of August 17 and September 21, 2006. There were none and the minutes were approved as submitted.

Mr. Haas presented the treasurer's report. He recommended approval of the monthly disbursements. Mr. Rice made a motion approving these disbursements. Mr. Danchuk seconded the motion and it carried unanimously.

The public information report was presented by Ms. DeNinno. Recent minutes and information pertaining to tonight's public hearing were uploaded to the website. A mailing regarding the water service location was sent to the Palm Beach Country Estates landowners. Work continues on the fall newsletter. Dates suggested for Family Day are February 24th and March 17th.

Mr. English presented the general manager's report. Work is continuing on the riprap on canal crossings; the contractor was given a 60-day extension to complete this project due to emergency circumstances. Mr. English recommended extending Aquagenix's contract through 2007 at the same rate and the Board had no objections. The Board inquired about the status of the sidewalk damage at the staging area. Mr. English reported approximately 1/4 mile of the sidewalk was damaged. That site was also used for hurricane clean-up. The Board suggested this area be fenced during the road improvement project and then a beautification effort should be made when that project is completed.

Mr. Lindahl presented the engineer's report. He discussed the potable water project which will be completed in three phases. The staging area for the materials is currently on the canal right-of-way. The contractor has also been authorized to temporarily use the Donald Ross Road right-of-way where the County is constructing a round-about.

Mr. Danchuk inquired about the status of the 75th Way petition. Mr. Lindahl stated the next step is preparation of the cost estimate and the referendum. It was agreed to immediately go forward with the referendum.

Mr. Capko presented the attorney's report. He stated Mrs. Thompson's slip-and-fall matter is being handled by the District's insurance carrier.

Mr. Ron Steedly, landowner, reported his road referendum passed but there is no easement on the roadway. Mr. Capko reported the District currently has no statutory authority to do this work. Several legal actions were discussed and Mr. Capko recommended modifying Florida Limitations Code Section 95.361 to include Special Districts. Mr. Steedly noted there were eleven landowners in favor of the paving, but eight were opposed. He also felt that modifying 95.361 was the best alternative, but was concerned about the length of time involved in this action. Mr. Capko noted that although the District currently maintains this road, if there were objections from the landowners the maintenance could simply be stopped. However, if OGEM were to be applied to the road and landowners objected, this could result in putting the District at risk for the cost of doing this. Mr. Haas stated a problem arises when financing is required for the project and there are underwriting requirements. The Board instructed the attorney to prepare a report for the next meeting, addressing the legislative steps necessary to obtain authority and any other viable alternatives.

Mr. Danchuk inquired if registration is required for ATV's as Sheriff's officers have been approaching ATV owners in Palm Beach Country Estates requesting proof of registration. Mr. Capko was not familiar with this requirement.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
SEPTEMBER 21, 2006
The regular meeting of the South Indian River Water Control District was held on September 21, 2006, at 7:30 p.m. at Jupiter High School, 500 N. Military Trail, Jupiter, Florida. Present were Supervisors Tom Rice, Bob Berman and Michael Danchuk. Also present were Len Lindahl, engineer; Charles Haas, treasurer; William Capko, attorney; Gale English, general manager; Donna DeNinno of Dick Gruenwald Associates, public information; and Jane Woodard, secretary. Approximately 11 landowners were also present.

Mr. Rice called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was given.

Mr. Haas presented the treasurer's report and recommended Board approval of the monthly expenditures. Mr. Berman made a motion approving these disbursements. Mr. Danchuk seconded the motion and it carried unanimously.

Mr. Rice called for a motion to accept the election results from the Supervisor of Elections office. Mr. Berman made a motion to accept that report. Mr. Danchuk seconded the motion and it carried unanimously.

Mr. Capko presented a resolution as required by Chapter 298 to begin the process to prepare an amendment to provide for an engineer's report which will allow for the road improvement project to proceed. Mr. Berman made a motion to approve the resolution. Mr. Danchuk seconded the motion and it carried unanimously.

Mr. Lindahl reported that of the 68 petitions submitted by landowners for road improvement, 28 were approved by referendum. He presented an exhibit showing the location of those roads.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
AUGUST 17, 2006
The regular meeting of the South Indian River Water Control District was held on August 17, 2006, at 7:30 p.m. at the Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Bob Berman, Tom Rice and Michael Danchuk. Also present were Len Lindahl, Jr., engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; Laura Bender from Dick Gruenwald & Associates, public information; and Jane Woodard, secretary.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given.

Mr. Powell announced that the first part of this meeting is the public hearing regarding the District's budget for the fiscal year 2006-2007. He formally convened the public hearing regarding the proposed budget. Mr. Powell then opened the floor to comments from the public. There were no questions or comments and the public hearing regarding the proposed budget was closed.

Mr. Powell then convened the regular meeting of the Board of Supervisors. Mr. Rice made a motion to adopt a resolution to approve the proposed budget and elect the uniform method of collection of non-ad valorem assessments. Mr. Berman seconded the motion and it carried unanimously.

Mr. Powell asked if there were any corrections or additions to the minutes of July 20, 2006. There were none and the minutes were approved as submitted.

The public information report was presented. Photos have been taken of the NRCS riprap on the Jupiter Farms canals. The summer newsletter has been mailed out.

Mr. Haas presented the treasurer's report. He recommended approval of the monthly disbursements. A motion was made by Mr. Rice to approve these disbursements. Mr. Berman seconded the motion and it carried unanimously.

Mr. Rice discussed the possibility of purchasing a conference phone at an estimated cost of $500. Mr. Capko noted this could be useful to assure that a quorum is present when Board members are out of town. Mr. Danchuk made a motion authorizing an expenditure not to exceed $700 for a conference phone. The Board unanimously agreed.

Mr. English presented the general manager's report. He discussed the proposals received for an enhanced maintenance program. He also reported that the ballots for the OGEM referendum were forwarded to the confidential addresses affected by the referendum. Mr. English noted there are now no more outstanding funds due from FEMA. One of the overhead garage doors must be replaced and this will be handled by Overhead Door Company. Aquagenix is assisting with removal of brush and exotics from the outfall easements.

Mr. Lindahl presented the engineer's report. He continues to work with the County regarding the issue of pipe storage associated with the potable water distribution system. At this time there will need to be a temporary storage location for the pipes which will constitute handling them twice, incurring additional costs. The referendum ballots for the 14th Plan of Improvements are due back tomorrow. Mr. Lindahl then discussed the Pine Glades mitigation area which wants to bleed water off at off-peak times into SIRWCD's system. This is currently being discussed with the County in order to address certain concerns of the District.

Mr. Danchuk reported that a landowner on 159th has questioned how the placement of the water line will affect the mailboxes. Mr. Lindahl stated that if mailboxes are taken down temporarily, they will be replaced as per the contract. Mr. Danchuk also asked about the status of asphalt paving in Palm Beach Country Estates. Mr. Lindahl stated he is discussing this with a national contractor.

Mr. Capko presented the attorney's report. He reported that a change in the legislation provides for a change in the amount of per diem and mileage rates for any District employees and officials. Along with the engineer, he is pursuing discussions with the County regarding the issue of pipe storage.

Mr. Berman discussed the status of grant assistance for the park project. Current legislation restricts the benefits of a park to District landowners, not the general public, thereby disqualifying the application for grant assistance. He is continuing to look for a method for creating the park. There will be no billing to the District from the grant consultant.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE ANNUAL LANDOWNERS' MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
SEPTEMBER 15, 2005
The annual landowners' meeting of the South Indian River Water Control District was held on September 15, 2005, at 7:30 p.m. at Jupiter High School, 500 N. Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Tom Rice, and Michael Danchuk. Also present were Len Lindahl, engineer; Charles Haas, treasurer; Andrew Baumann of Lewis, Longman & Walker, attorney; Gale English, general manager; Donna DeNinno, public information; and Jane Woodard, secretary. Approximately 17 landowners were present.

Mr. Powell called the meeting to order and stated that the first order of business would be the election of officers for this meeting. The floor was then opened to nominations for chairman and secretary. Tom Powell was nominated for chairman and Jane Woodard was nominated for secretary. There were no other nominations and the chairman and secretary were so elected.

Ms. Woodard read the minutes of the last annual landowners' meeting of September 16, 2004. There were no corrections or additions and the minutes were approved as submitted.

Mr. Powell then called for the election of supervisors. Mr. Rice nominated the two pre-declared candidates, Jeffrey West and Tom Powell. There were no other nominations and a motion was made to close the nominations. The motion was seconded and carried. There was a call for final balloting. The election process was then closed and the Supervisor of Elections representative removed the ballot box.

Mr. Lindahl presented the engineer's report, a copy of which is attached to these minutes. He stated SIRWCD is in compliance with all regulatory requirements that affect the works of the District and their operation, and the works of the District continue to be operated and maintained in a manner that achieves the available level of service. Mr. Lindahl discussed current capital improvement projects including the 9th, 11th, 12th and 13th Plans of Improvements, and pending capital improvements projects including the Haynie Lane Swales to Trails program and the landowner-initiated roadway improvement programs. Mr. Lindahl also discussed NPDES, the Loxahatchee River Preservation initiative, the North Palm Beach County CERP project, the G-92 impact analysis study, annual rainfall, the 2004 hurricane season, post-hurricane restoration grants and hurricane preparedness.

Mr. English presented the general manager's report. He discussed District restoration efforts following the 2004 hurricanes including the grants received from FEMA, Department of Agriculture and Loxahatchee River Preservation Initiative which total $1,862,000. He also discussed the District's road stabilization program, the landowner petitions for road improvement projects, water control structures, District involvement with various governmental agencies, equipment inventory, and a brief overview of the District's function as a special taxing district.

Mr. Powell then opened the floor to voting on compensation for the supervisors. He explained that currently the supervisors are compensated at $50/day for a maximum of ten days per month. Mr. Murray Frye made a motion to continue this level of compensation. The motion was seconded by Mr. Ron Steedly and it carried unanimously.

Mr. Powell then opened the floor to general discussion by the landowners. A landowner asked about increased elevations for new home construction. There was also concern about the effect this has on older homes with septic tanks. Mr. Lindahl replied that in previous years homeowners used mainly material from their own property by digging ponds. Now more of the lots are being over-filled causing this higher elevation. Mr. Lindahl stated this is a concern and plans to discuss "compensatory storage" codes with the County. Reconstruction of older septic systems may be necessary due to the nature of build-out in the District.

A landowner thanked Mr. English and the staff for efforts during the hurricanes and in obtaining restoration funding. He questioned how the rainfall is drained from Jupiter Farms during these storm conditions. Mr. Lindahl stated the drainage is from west to east. Drainage from Jupiter Farms does not go into C-18 except under certain conditions and protocols. The primary outfall is east to a collector canal and then north into the northwest fork of the Loxahatchee. When there are storm conditions, the gates are opened and water is not held back.

A landowner in Palm Beach Country Estates asked if there is a unit cost for the roadway paving and the water system. Mr. Lindahl stated he is currently working on preparing this information. At this time the estimate for County-standard roadways is approximately $350,000/mile. More definitive cost estimates will be available when the ballots go out.

A landowner on 175th stated there are cabbage palms growing in the swales and culverts are getting clogged with sediment. Mr. Powell stated the level of maintenance for the secondary drainage system is scheduled to be discussed by the Board and staff in a workshop meeting.

Mr. Lindahl responded to a landowner's question regarding laser-guided grading. He stated it is not an issue of purchasing equipment but rather the level of service requested by the landowners. Some landowners want a rural environment which does not require this level of grading. The Board and staff will need to balance the two groups of landowners in the District and this will be discussed at a workshop meeting.

There were no other landowner questions, and there being no further business to be discussed, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
JULY 20, 2006
The regular meeting of the South Indian River Water Control District was held on July 20, 2006, at 7:30 p.m. at the Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Dave Beane, Bob Berman and Tom Rice. Also present were Lennart Lindahl and Len Lindahl, engineer; Amy Dukes for Lewis, Longman & Walker, P.A., attorney; Charles Haas, treasurer; Gale English, general manager; Donna DeNinno from Dick Gruenwald & Associates, public information; and Jane Woodard, secretary.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given.

Mr. Kilday of Kilday & Associates, land planner representing landowner Paul Thomas, owner of Tree Brothers Nursery, explained their intent to build a recreational vehicle resort on a seven-acre parcel on the north side of Indiantown Road one mile west of Jupiter Farms Road. Mr. Kilday explained that the County's Zoning Department requires positive outfall as part of the permitting process. The nearest positive outfall is the District's canal on the south side of Indiantown Road. A study has been prepared and delivered to the District's engineer for review. Mr. Len Lindahl stated he is currently reviewing the study but is not yet in a position to make a recommendation. Mr. Kilday noted the additional discharge into the District's canal would be approximately 1 c.f.s. Mr. Powell stated this issue can be handled by a policy decision. The Board cannot compromise the flood protection to the residents of the District and this is a policy that has already been established. Mr. Beane and Mr. Rice agreed that a deviation from this established policy could establish a legal precedent that may not be in the best interest of the landowners. The Board unanimously agreed and directed the engineer to return the $300 check to Mr. Kilday and to spend no further time on this matter.

Mr. Powell asked if there were any corrections or additions to the minutes of April 20, 2006. There were none and the minutes were approved as submitted.

The public information report was presented by Ms. DeNinno. News releases were sent out to local newspapers. Several items were uploaded to the website. Work has begun on the summer newsletter. The staff and supervisor information sheet has been updated.

Mr. Haas presented the treasurer's report. He recommended approval of the monthly disbursements. A motion was made by Mr. Rice to approve these disbursements. Mr. Berman seconded the motion and it carried unanimously.

Mr. Haas presented the proposed 2006-2007 budget for review. He noted that the total assessments for ongoing programs has increased. The major increases are for programs in Palm Beach Country Estates including the potable water distribution project and the maintenance program for increased level of service along the main collector roads. Mr. Berman noted the need for a workshop to discuss this increased level of maintenance in Palm Beach Country Estates and the establishment of a long-term project which will address this issue. Mr. Haas stated the maintenance budget for the west side has also been increased but this will be mitigated by a decrease in assessments for debt service as a result of the road bond being paid off. An increase in the communications budget was recommended due to an increase in postage and printing costs and the Board agreed. The personal services budget reflects a slight increase. Mr. Haas stated other increases are reflected in the maintenance budget due to cost increases in the marketplace. Mr. Lennart Lindahl noted a trend for increased costs for anything related to rock aggregate and petroleum-based products, specifically the replacement and renewal fund for OGEM. Mr. Haas explained his calculations for arriving at the budget estimates which take these increased costs into consideration. He stated a public budget hearing needs to be scheduled and suggested this be handled at the next Board meeting on August 17th. The Board agreed and that meeting will be so advertised.

Mr. English presented the general manager's report. Rock riprap is currently being installed in certain sections of Jupiter Farms and this work will continue in Palm Beach Country Estates. Mr. Lennart Lindahl suggested a formal resolution thanking NRCS for its financial support in helping the District recover from the impact of three hurricanes and the Board agreed. Mr. English requested retroactive approval of the sale of the District's 1978 surplus equipment trailer for $500 and the purchase of a replacement trailer for $16,839. Mr. Beane made a motion approving this transaction. Mr. Rice seconded the motion and it carried unanimously. Mr. English also requested authorization for the purchase of a replacement mower for an approximate cost of $12,000. Mr. Rice made a motion authorizing this purchase. Mr. Berman seconded the motion and it carried unanimously. Mr. English reported that the Verizon agreement has been signed by Verizon and returned to the District. Mr. Haas stated the figures are in order and recommended signing the agreement subject to the attorney's final review.

Mr. Lennart Lindahl discussed the issue of storing construction equipment and materials on adjacent vacant lots. He noted this has been a standard practice for decades but the County has recently been enforcing an apparent non-existent ordinance, prohibiting this type of storage. Mr. Lindahl stated there may be a need to go before the Board of County Commissioners to request relief.

Mr. Len Lindahl presented the engineer's report. The referendums for the 14th Plan of Improvements for the west side went out last week. The program for increased maintenance in Palm Beach Country Estates was discussed.

Ms. Dukes presented the attorney's report and noted there were no other pertinent legal issues to discuss at this time.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
APRIL 20, 2006
The regular meeting of the South Indian River Water Control District was held on April 20, 2006, at 7:30 p.m. at the Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Dave Beane, Bob Berman, Tom Rice and Michael Danchuk. Also present were Len Lindahl, Jr., engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; Donna DeNinno from Dick Gruenwald & Associates, public information; and Jane Woodard, secretary. One landowner was present. Mr. J.W. Howard from Bear Stearns, bond underwriter for the 13th Plan of Improvements project, was also present.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given.

Mr. Powell formally convened the Chapter 197 public hearing on the Palm Beach Country Estates potable water project. Mr. Lindahl presented a brief summary of the project known as the 13th Plan of Improvements, which involves construction of 40+ miles of water lines throughout Palm Beach Country Estates, fire hydrants and residential connections. There is no requirement for annexation into the Town of Jupiter or mandatory connection. The estimated cost is $13.5 million. Mr. Lindahl stated he recently attended a meeting of the homeowners' association to answer questions from over 100 attendees. Mr. Danchuk commented that the staff's presentation at the homeowners' meeting was excellent and the responses were very positive. Mr. Haas stated the purpose of this hearing is to inform the public as to the assessments necessary to pay the bond issue which is expected to total $18,155,000, payable over 25 years, resulting in an annual assessment between $690/parcel and $1,072/parcel. The latter amount would be applicable if no money at all is received for connection costs. Mr. Powell asked for comments from the landowners. There were none and the public hearing was concluded.

Mr. Powell called for Board action on the bond resolution to finance the potable water project. Mr. Capko explained that the resolution provides for a delegated award of the sale of the bonds. There is no further requirement for a Board meeting at the time the bonds are priced and sold. The tentative pricing date is May 2nd with a closing on May 11th. Attached to the bond resolution are the bond purchase agreement, the preliminary official statement and the trust agreement. Mr. Rice made a motion to adopt the bond resolution as presented and recommended by the attorney. Mr. Beane seconded the motion and it carried unanimously. Mr. Capko then presented an assessment resolution which sets forth the details of the benefits assessed, the interest component and the intent to collect the special assessments using the uniform method of collection. Mr. Beane made a motion to adopt the resolution to use the uniform method of collection of non-ad valorem assessments and to levy these assessments on the benefited lands, as presented and recommended by the attorney. Mr. Danchuk seconded the motion and it carried unanimously.

Mr. Richard Walesky, Director of Palm Beach County Environmental Resources Management Department (ERM), requested follow-up on his request to release a flowage easement issued to SIRWCD in 1986 affecting property south of Indiantown Road and west of Jupiter Farms Road. Mr. Lindahl again briefly discussed the history of this easement. He was concerned that the County does not own all of the parcels in that area (Indian Lakes Estates) and a permit modification should be made in order to eliminate the potential for development. Mr. Walesky acknowledged there are still two parcels which the County has not yet acquired by eminent domain. He explained at this time the County is asking SIRWCD to execute a letter which will allow the to move forward with the grant process; the formal abandonment of the easement will occur at a later date. Mr. Walesky agreed to request modification or abandonment of the SFWMD permit as it pertains to proposed or potential development. Mr. Berman was concerned that all issues and statements made in the letter have not yet been addressed. He had questions about the content of the letter and suggested a workshop meeting to further discuss this issue. Mr. Berman stated he was not ready to make a decision at this time and wanted the opportunity to meet with the staff to discuss his concerns in order to be better prepared to make a decision. Mr. Walesky stated the property was purchased for conservation, not development; this letter is a requirement of the funding entity. The Board agreed there are statements contained in the letter that raise concerns and they were not in a position to take action at this time.

Mr. Powell asked if there were any corrections or additions to the minutes of March 16, 2006. There were none and these minutes were approved as submitted.

The public information report was presented by Ms. DeNinno. News releases were sent out to local newspapers. Several items were uploaded to the website. Work has begun on the spring newsletter. The District's videotape needs to be updated to include new projects and this is currently being edited.

Mr. Haas presented the treasurer's report. He recommended approval of the monthly disbursements. A motion was made by Mr. Danchuk to approve these disbursements. Mr. Berman seconded the motion and it carried unanimously.

Mr. English presented the general manager's report. Reimbursements have been received from NRCS. The District is still waiting for $120,000 from FEMA for canal cleaning. Mr. English discussed the Trapper Nelson site. The National Register of Historical Places has requested a letter from the District stating it is in favor of this designation for the site. Mr. Lindahl stated his only concern is any impact this designation would have on flood protection. The Board questioned the need for such a letter as this issue does not come under the District's authority.

Mr. Lindahl presented the engineer's report. He discussed the proposed 14th Plan of Improvements, which involves the application of OGEM to approximately 32 miles of roadway. At this time the total estimated cost is $8 million which includes a 20% contingency due to the volatility of the market. This represents a 50% increase from the initial estimated costs presented for this project due to an increased cost of the product. Mr. Lindahl commented that the cost of the base used on the roads has increased over 40% in the last six months in addition to the increased cost of OGEM. He explained there will be three referendums: Rocky Pines, Section 33 and the remaining roads. Rocky Pines includes approximately one mile of roadway at a cost of $1,267/year/parcel. Section 33 includes 2-1/2 miles of roadway at a cost of $1,306/year/parcel. The remaining roads include 28-1/2 miles at a cost of $693/year/parcel. These costs represent funding over a 12-year period. Mr. Haas stated it has to be demonstrated to the underwriter that OGEM will last 20 years in order for the project to be funded over 20 years. He will continue to pursue obtaining funding over a longer period of time. Mr. Haas noted there will be no additional special assessment for maintenance or re-paving. The underwriter needs to be convinced that the estimated useful life of the project is more than the bond life. Mr. Lindahl explained that since construction will not start until next year, the 20% contingency is necessary. After a lengthy discussion by the Board, Mr. Rice made a motion directing and authorizing the staff to proceed with the preparation of the three referendums which will include the best estimates of the financing costs. Mr. Beane seconded the motion and it carried unanimously. It was agreed to include a disclosure in the referendums for Rocky Pines and Section 33 regarding the need for sufficient proof that the District has the ability to perform the project in terms of land rights.

Mr. Lindahl reported on the Town of Jupiter's request to discharge nano-filtration reject water into the District's east side outfall canal. He noted the Town may be requesting discharge into the Loxahatchee River District instead. He will continue to keep the Board advised as to this issue.

Mr. Capko presented the attorney's report. He noted all pertinent items have already been covered in this meeting.

Mr. Danchuk questioned the possibility of purchasing a water trough to spray down the dirt roads in order to control dust. Mr. English stated he had looked at this option in past years and it was determined the cost is impractical.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT HELD ON
MARCH 16, 2006
The regular meeting of the South Indian River Water Control District was held on March 16, 2006, at 7:30 p.m. at the Jupiter High School, 500 North Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Dave Beane, Bob Berman, Tom Rice and Michael Danchuk. Also present were Len Lindahl, Jr., engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; Donna DeNinno from Dick Gruenwald & Associates, public information; and Jane Woodard, secretary. One landowner was also present.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given Mr. Powell asked if there were any corrections or additions to the minutes of November 28, 2005, January 19 and February 14, 2006. There were none and these minutes were approved as submitted.

The public information report was presented by Ms. DeNinno. News releases were sent out to local newspapers and also uploaded to the website. Positive comments were received regarding the change of date for the annual Landowners Family Day which was attended by approximately 750 people. The Revetment ribbon cutting is scheduled for March 17th.

Mr. Haas presented the treasurer's report. He recommended approval of the monthly disbursements. A motion was made by Mr. Danchuk to approve these disbursements. Mr. Beane seconded the motion and it carried unanimously.

Mr. English presented the general manager's report. A refund has been received from FEMA but there is still a balance outstanding. The signed agreement has been returned to NRCS for completing the canal debris removal and installation of rip-rap at certain culvert crossings and canal sections. SIRWCD has received two awards from the County's Safety Council. Mr. Rice asked about the status of an emergency generator for the Work Center. He noted there is a resident in Jupiter Farms who is a state certified electrician and who should be included on the bidders' list. The Board commented on the role the District plays during emergency situations such as the recent hurricanes, and the need to be able to continue communications. Mr. English requested that the Board secretary's tape recorder be declared surplus and removed from inventory. A new recorder has been purchased. Mr. Rice made a motion to declare the old recorder surplus. Mr. Danchuk seconded the motion and it carried unanimously.

Mr. Lindahl presented the engineer's report. He presented the Second Supplemental Engineer's Report for the 13th Plan of Improvements and requested Board approval. He noted this report reflects a change in the contract price as discussed at the last Board meeting. Mr. Beane commented that this report was just received by the Board and there has been no opportunity to review it prior to this meeting. Mr. Berman made a motion to approve this report and Mr. Danchuk seconded the motion. It was unanimously agreed to table voting on this motion until later in the meeting so the report can be properly reviewed by the Board.

Mr. Lindahl then reported on the 14th Plan of Improvements for the west side. The contractor has notified him that the cost of construction material has increased significantly. Mr. Lindahl expects to have current prices available at the next meeting. He also reported on meetings with the Town of Jupiter regarding their request to discharge nano-filtration reject water into the District's east side outfall canal. He expects the Town will respond promptly to the District's concerns and he will prepare an updated report for the next Board meeting.

Mr. Richard Walesky, Director of Palm Beach County Environmental Resources Management Department (ERM), was introduced. He requested follow-up on his January, 2006, request to release a flowage easement which was issued to SIRWCD in 1986 in anticipation of the annexation of certain property into the District. This property lies south of Indiantown Road and west of Jupiter Farms Road and was never annexed. He explained that when this easement is released by SIRWCD, ERM will be in a position to obtain a substantial grant from Florida Communities Trust (FCT). He noted there is a time constraint for ERM and stressed the urgency of this request. Mr. Capko stated he cannot unequivocally recommend this release at this time without further research. He cannot say at this time that there would be no absolute harm to the District or that the District would never need to make use of this easement in the future. Mr. Lindahl stated this easement was tied to past litigation involving Indian Lakes Estates. His understanding is that the 130 acres were set aside for a storage area and, if developed, the easement would be released. The Board noted that Mr. Walesky should have made a presentation earlier so these issues could have been researched by staff prior to this meeting. The Board requested and instructed the staff to research these issues and make a recommendation to the Board as soon as possible.

Mr. Capko presented the attorney's report. He stated there is still the need for the Chapter 197 public hearing for the potable water project before the bonds are issued, which actually confirms the levying of the assessment on the property. This public hearing can be scheduled at the same time as the meeting for the approval of the bond resolution. He expects to have the bond documents ready by the next meeting. The Board agreed to schedule this public hearing in conjunction with the regular April 20th meeting.

Mr. Capko reported on the Rocky Pines road paving. He is working with the engineer regarding the language for the referendum and for conveying the necessary easements. Mr. Capko confirmed his authorization to spend time researching issues regarding individual roads in preparation for a road paving referendum.

Mr. Danchuk announced the east side homeowners meeting is scheduled for April 4th. Mr. Haas and Mr. Lindahl will be attending to answer questions regarding the potable water project.

Mr. Rice reported that he filled in for Mr. English in attending Palm Beach County Day and found it very informative.

Mr. Powell called for the vote on the motion on the floor to approve the engineer's Second Supplemental Report. Mr. Beane asked what caused the increase in price on the pipes and fittings, etc. by 60% over a three-year period, and if this could have been foreseen. Mr. Lindahl stated that the increase in construction costs started in 2003. Pipes are iron and PVC and therefore a product of the oil industry. There was a dramatic increase in costs after Hurricane Katrina because a number of pipe makers are located in the New Orleans area. Mr. Berman commented that the initial information presented to the landowners specified a range from $11-14 million so this project is still within the bounds of that budget. He again commended the staff on negotiations to keep the costs within the budget and at the assessment level presented to the landowners. The vote was called for and the motion carried unanimously to approve the engineer's Second Supplemental Report.

Mr. Ron Steedly, landowner, stated his understanding that OGEM is now available for the Rocky Pines road paving but at an increased price, and the project is now moving forward. Mr. Lindahl confirmed he has been discussing the cost with the contractor, which will be a realistic cost by the time the work is actually done. He noted that the cost of asphalt has not increased as much as the OGEM. These costs will be available by the April Board meeting.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE EMERGENCY MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT
HELD ON FEBRUARY 14, 2006
An emergency meeting of the South Indian River Water Control District was held on February 14, 2006, at 7:30 p.m. at the District's Work Center, Jupiter Farms Road, Jupiter, Florida. Present were Supervisors Tom Powell, Bob Berman, Tom Rice and Michael Danchuk. Also present were Len Lindahl, engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; Donna DeNinno from Dick Gruenwald & Associates, public information; and Jane Woodard, secretary.

Mr. Powell called the meeting to order and stated that the purpose of the meeting is consideration of the award of the construction contract for the Palm Beach Country Estates potable water project. No other action will be taken at this meeting.

Mr. Lindahl provided a copy of a letter sent to Felix Equities of Florida documenting the need for an emergency meeting (attached). He stated there was a bid opening on October 20th; three contractors submitted bids ranging from $14,206,239 to $16,250,100. Staff has been working with the low bidder to obtain adjusted prices based on contract considerations and has arrived at a reduced price of $13,570,000. When the referendum notices went out in May, 2003, the estimated cost was $11,000,000. The notices and ballots contained language stating the estimates are based on costs currently existing. Mr. Lindahl noted that general engineering costs have increased 15.33% from May, 2003, to present. Certain other costs connected with this project have increased at a greater rate.

Mr. Powell commented on the excellent work the staff has done to negotiate prices on this project.

Mr. Haas presented a memo regarding financing options for the project. He noted that short-term bond rates are currently 3%; long-term bond rates are 5%. Mr. Haas' memo included an analysis of estimated assessments based on the hook-up schedule developed last year and also compares the assessment to a schedule with no hook-ups (memo attached). He noted that the hook-up schedule is based on 1,400 (90% of the total homes) within a seven-year period. He also noted the expectation that the District will establish a voluntary program for homeowners to hook-up, finance the cost through the District and make payment as part of their annual assessment. Mr. Danchuk felt a 90% hook-up was unrealistic and commented that 75% was more realistic.

Mr. Lindahl recommended awarding the contract to Felix Associates, LLC for an amount of $13,570,000. He noted the contractor has 18 months from the Notice to Proceed to finish the project. The award is contingent upon financing.

Mr. Danchuk expressed his concern that the increase in cost is approximately 22%. He questioned why it took so long to reach this point in the project, resulting in the increased cost to the landowners. Mr. Rice noted that the permitting process takes time. He also noted the increase in prices in general over the past two years, i.e. property values, cost of gasoline, etc. Mr. Haas noted that the Town of Jupiter has locked in the connection fee at $3,877. Mr. Lindahl, Jr., stated that, by history, the connection fee is expected to increase to $4,000+ in April, 2006. Mr. Haas also noted that the hook-up component is not a major cost factor; with 10% fewer hook-ups, the result would only be $10-15 for a few years. Mr. Berman commended the staff on their efforts at obtaining the lowest possible costs for this project. He noted that the ability to bring the project in at this level could not be done today under these same terms. He considered it a "monumental event" for Palm Beach Country Estates. Mr. Powell commented that part of the delay was the need for a re-bid on the project which resulted in decreasing the costs to the landowners. Mr. Lindahl stated the first bid was put out concurrent with receiving a signed agreement from the Town of Jupiter.

Mr. Berman made a motion to accept the recommendation of the engineer and award the contract for the Palm Beach Country Estates Potable Water Distribution System (13th Plan of Improvements) to Felix Associates, LLC, and to authorize and instruct the staff to do all things necessary to accomplish this. Mr. Danchuk seconded the motion. During further discussion, Mr. Danchuk again expressed concerns with the increase in cost, why there was no warning this was going to happen, and the need to get this information to the landowners. Mr. Rice noted the need to concentrate on the positive features of this project. Mr. Haas confirmed his recommendation to move forward with the project. Mr. Capko stated these terms are consistent with the information provided to the landowners in the referendum and meet all requirements under the District's Special Acts. The motion then carried unanimously.

Mr. Danchuk requested the presence of the engineer and treasurer at the homeowners' meeting in March to discuss the project and the increased cost. The Board had no objection.

Mr. Berman discussed the District's contract with the grants consultant, Stan Hemphill, and distributed a work authorization form in connection with the proposed Margaret Berman Memorial Park. He requested that SIRWCD act as the vehicle for the application of the grants. He again noted there will be no cost to the District for the development of the park. Mr. Capko stated that the Board previously entered into an agreement with Mr. Hemphill which provides for work authorizations and the Board can therefore direct the staff to proceed, ratifying the action at the next regular Board meeting. Mr. Capko acknowledged he will be finalizing the indemnity agreement for the District, and will determine with Mr. Haas how payment will be made to Mr. Hemphill. The Board was in agreement and Mr. English will execute the work authorization after the indemnity agreement is finalized.

There being no further business to come before the Board at this time, the meeting was adjourned.

MINUTES OF THE REGULAR MEETING OF THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT
HELD ON JANUARY 19, 2006
The regular meeting of the South Indian River Water Control District was held on January 19, 2006, at 7:30 p.m. at the Jupiter High School, 500 N. Military Trail, Jupiter, Florida. Present were Supervisors Tom Powell, Bob Berman, Tom Rice, Michael Danchuk and Dave Beane. Also present were Len Lindahl, engineer; William Capko, attorney; Charles Haas, treasurer; Gale English, general manager; and Donna DeNinno from Dick Gruenwald & Associates, public information.

Mr. Powell called the meeting to order. Mr. English offered the invocation, and the Pledge of Allegiance to the flag was then given.

Mr. Powell asked if there were any corrections or additions to the minutes of October 20, 2005. There were none and these minutes were approved as submitted.

The public information report was presented by Ms. DeNinno. The annual Landowners Family Day has been rescheduled for Saturday, March 4th.

Mr. Hass presented the treasurer's report. He recommended approval of the monthly disbursements. A motion was made to approve these disbursements. The motion was seconded and carried unanimously.

Mr. English presented the general manager's report. The tree and debris removal from the canals is being handled by Murray Logan under an agreement with FEMA. The estimated cost is $440,000.00. The District will go to NRCS for further funding. Mr. English reported that two computers had to be replaced at the Work Center. He requested retroactive approval of the purchase for a total of approximately $5,000, which included a scanner. He also requested that the old computers be declared as surplus. Mr. Rice made a motion to approve the purchase of the two computers, and to declare the old computers as surplus. Mr. Haas confirmed this purchase was within the budget. The motion was seconded and carried unanimously.

Mr. Lindahl presented the engineer's report. He is currently negotiating with the lowest bidder for the Palm Beach Country Estates potable water project. He requested a special meeting of the Board, probably around February 13th, to consider the award of the construction contract.

Mr. Lindahl reported on the roadway program for OGEM on the west side. He stated there were two packages previously received in the District Office that he did not receive. Mr. Lindahl requested an amendment to the authorization for the referendum to include 179th Court North between Alexander Run and Mellon Lane, and 121st Drive North between 175th Road and 179th Court, both of which met the necessary qualifications. A motion was made to amend the authorization to include these areas. The motion was seconded and carried unanimously. Mr. Lindahl noted there are no SIRWCD initiatives in this proposed plan of improvements, only landowner initiatives. He reported one petition for road improvement on the west side was presented in December and it will be included in the next bundle. He also reported that the Rocky Pines petitioners have decided on OGEM. Because of the low density of this area, they will be shown separately on the referendum. He confirmed there is documentation of this petition change, as well as any other petition changes.

Mr. Lindahl reported on a request from the Town of Jupiter to have SIRWCD's system act as the recipient of nano-filtration reject water. He explained that water is drawn and treated for potable distribution. In the treatment process, a certain amount of the product being introduced into the system is rejected and the good water goes on its way. The Town of Jupiter wants to put this reject water into the District's surface water management system upstream from the control structure just south of SR 706. Mr. Lindahl stated there are a number of things to consider before he can make a recommendation to the Board. He was concerned with what the concentrate will do to the water quality, the variability in the reject water discharge, and how the system will be affected if there is no fresh water flow coming in. The Board authorized and instructed the engineer to communicate these concerns to the Town of Jupiter and inform them that the District is not prepared to enter into an agreement at this time.

Mr. Danchuk asked if the engineer would meet with the east side landowners prior to the referendum ballots going out in order to answer questions. He stated that most of the streets on the east side want hard paving but about a dozen streets have a conflict as to material. He was concerned with the possibility of delays with the project and wanted to have this meeting as soon as possible. Mr. Berman felt such a meeting at this time would be premature. He noted that the potable water project may move much quicker and be completed sooner than originally expected. The road paving would then follow as soon as possible. For the road paving plan of improvements, the engineer has to define the benefited area, which is currently in flux until all petitioners have agreed on the type of material. Mr. Berman stated the referendum should be presented as soon as all