DELTA FARMS WATER CONTROL DISTRICT

INDIAN RIVER COUNTY

Landowners’ Meeting & Regular Board Meeting December 19, 2023
9:00 A.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

www.deltafarmswcd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
DELTA FARMS WATER CONTROL DISTRICT
Offices of Collins Brown Barkett, Chartered 756 Beachland Boulevard
Vero Beach, Florida 32963
LANDOWNERS’ MEETING
December 19, 2023
9:00 a.m.

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Consider Adoption of Election Procedures…	Page 2
Election of Chair for Landowners Meeting
Election of Secretary for Landowners’ Meeting
Approval of Minutes
December 20, 2022 Landowners’ Meeting Minutes…	Page 4
Election of Supervisors
Determine Number of Voting Units Represented or Assigned by Proxy…	Page 7
Nomination of Supervisors
Casting of Ballots…	Page 8
Ballot Tabulation and Result
Other Business
Receive Treasurer’s Report…	Page 9
Receive Engineer’s Report…	Page 10
Landowners’ Comments
Adjourn

PROOF OF PUBLICATION

LocaliQ
Florida GANNETT

PO Box 631244 Cincinnati, OH 45263-1244

DEL TA FARMS WATER CONTROL DISTRICT FISCAL YEAR 202J/l024

Laura Archer Delta Farms WCD 2501 Burns RD# A
Palm Beach Gardens FL 33410-5207

REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN !hot
the Boord of Sui;erviwrs (the "Bcord"l of the Cello Forms Water Centro! Oislricl (the "Oistrlct"l will hold Regular Elcord Meetings (!he "Meeting" or "M lings ) ai lhi? offices of Corter Associoles located ot 1700 2hf Street, Vero Bcoch, Florido 31960 ol 8:00 o.m. c--un!eu otherwise noted ") on !he following
dotes:

STATE OF WISCONSIN, COUNTY OF BROWN

Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Public Notices, was published on the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print in the issues of, on:

10/06/2023

Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 10/06/2023

LegalC	 Notary, State ofWL County of Brown

	3/ / 7

Publication Cost:	$207.76	
Order No:	9376716	
Customer No:
PO#:	1126751	
IlHS IS NOT	INVOICE!	

My commision expires

# of Copies:
1

Please do not use this form for payment remil/ance.

October 17, 2023
November 21, 2023
••o.rcember 19,1023.. Jonuor','lli,2024 February 20, 2024 Morchl9,2D24
April 16,2024
Moy:i'l,2024 June 18, 2024 Ju!y16,202.l
Auaust20,2024
September 17, 2.0:u
••The De<:ember 19, 2023, Annuo! U.:mdcwnet:,' f.\ullin'J will b-0 hllld o! the offices of Collins Brown Borketl, Chorlered, located 01 756 Be-achtond Boulevord, Vero Beech, l"lorido 329"3 cl 9:00 o.m. The Regutor Boord u,eeling will immediotely lo!IO'N lhe Annvol Londowncn;' Meeting at the some locolion.•·

The P<,JrPOSC of the clings [$ lo conduct any business coming t>eforc the Board. MrellMS ore open to the Public ond wHI be cond\JCled in accordonce with lhe Pi'OVisions of Florido low. Copiu of lhe Agendas for ony of the meetinus moy be obloint'd from the Olstrkt's Wt'bsile
www dcJtofcrmswcd Qf9. or by conlocllnu the Districl Monoor.r at 772.345.5119  or  by  enw!l  ot
hsnlrnma@ dsioc Q{q  onci/or toll fr ct 1·877-737•4¥'21 prior to lhc dole of the porlicu!or rneetlro. The Meellnos ore epen to the public: and wil! be conducted in occordonc!! with the prov!slon.s of Florida low for SPCCiol dislrkh, The f/\eelln(15 may be continued to a dote, time and ploce- lo be specified on Hie r ordolthe/'. Hng.

From time lo time o Supervl!or moy parlicipole by lelephone; therefore, 1:1 !>pecker 1e1ephonc may be present ot the meeting lix:otlon so that Supervisor moy b<? fully informed of !he d!scw,sions loldn11 piece. Said meeting(s} moy be conlinued os. found nccessorv to o Om!? and P!OCC SP(!Cified On the record.

!I any parson decides to appeal ony decision mode Wilh resl)(!cl to ony metier considered of these mectin<J5, such person will need o record ol 1he oroceedin,;is and such cers-on may need to in ure tho! o "erbalim record of th-!:! proce-ectings is modi? ol hi!:- or her own expenR ond which record Include!- H11 le!>timorw end evidence en which the oPPCo! is 00:!.ed.

!n occorckuxc w!lh the provisions of 1he Amcricons with DlsobHilie Ac!, onv rson re-quiring s ciol occcmmOdc:rfions or on lnlercreler lo participate ol onY of 11,esc me-elinm;. should contocl the Dislrkt Monoaer ol 712•J..i5•5119 ond'or loll fr«> ol l• 977.737•.:n2 ot leosl ven (7)dovs p-rior lo lhl? QOlc of lhc, POrliculor meeting.

Mec!im:is mav be concel1cd fr<im lime !o time, without od., rtitfil nolice.

OEL TA	FARMS	WATER CONTROL DISTRICT
WWW d"H□form•wcd Of'l
PUBLISH:  IHOIAN  RIVER PRESS JOURNAL 1Cli'M/'l3
TCN9'376716

KAITLYN FELTY
Notary Public State of Wisconsin

Page 1 of 1

DELTA FARMS WATER CONTROL DISTRICT ELECTION PROCEDURES

Landowners’ Meeting
In accordance with the provisions of Laws of Florida, and applicable provisions of Chapter 298, it is required that an annual meeting of the Landowners of the District be held each year for the purpose of electing a supervisor to take the place of the retiring supervisor and hearing reports of the board of supervisors. The assembled Landowners shall organize by electing a Chairperson, who shall preside over the meeting; and a Secretary shall also be elected for recording purposes.

Establishment of Quorum
Any Landowner(s) present or voting by proxy shall constitute a quorum at the meeting of the Landowners.

Nomination of Candidates
At the meeting, the Chairperson shall call for nominations from the floor for Candidates for the Board of Supervisors. When there are no further nominations, the Chairperson shall close the floor for nominations. The names of each Candidate and the spelling of their names shall be announced. Nominees need not be present to be nominated.

Voting
Each Landowner shall be entitled to cast one vote for each acre (or lot parcel), or any fraction thereof, of land owned by him or her in the District, for each open position on the Board. (For example, if there are three positions open, an owner of one acre or less (or one lot parcel) may cast one vote for each of the three positions. An owner of two acres (or two lot parcels) may cast two votes for each of the three positions.) Each Landowner shall be entitled to vote either in person or by a representative present with a lawful written proxy.

Registration for Casting Ballots
The registration process for the casting of ballots by Landowners or their representatives holding their proxies shall be as follows:

At the Landowners’ Meeting and prior to the commencement of the first casting of ballots for a Board of Supervisor position, each Landowner, or their representative if proxies are being submitted in lieu thereof, shall be directed to register their attendance and the total number of votes by acreage (or lot parcels) to which each claims to be entitled, with the elected Secretary of the meeting or the District’s Manager.

At such registration, each Landowner, or their representative with a lawful proxy, shall be provided a numbered ballot for the Board of Supervisor position(s) open for election. A District representative will mark on the ballot the number of votes that such Landowner, or their representative, is registered to cast for each Board of Supervisor position open for election.

All Landowner proxies shall be collected at the time of registration and retained with the Official Records of the District for subsequent certification or verification, if required.

Casting of Ballots
Registration and the issuance of ballots shall cease once the Chairperson calls for the commencement of the casting of ballots for the election of a Board of Supervisor and thereafter no additional ballots shall be issued.
The Chairperson will declare that the Landowners, or their representatives, be requested to cast their ballots for the Board of Supervisor(s). Once the ballots have been cast, the Chairperson will call for a collection of the ballots.
Counting of Ballots
Following the collection of ballots, the Secretary or District Manager shall be responsible for the tabulation of ballots in order to determine the total number of votes cast for each candidate that is seeking election.
The board of supervisors shall consist of three persons who, except as herein otherwise provided, shall hold office for a term of 3 years and until their successors are duly elected and qualified.

Contesting of Election Results
Following the election and announcement of the votes, the Chairperson shall ask the Landowners present, or those representatives holding proxies for Landowners, whether they wish to contest the election results. If no contests are received, said election results shall thereupon be certified.
If there is a contest, the contest must be addressed to the Chairperson and thereupon the individual casting a ballot that is being contested will be required to provide proof of ownership of the acreage for which they voted at the election within five (5) business days of the Landowners’ Meeting. The proof of ownership shall be submitted to the District Manager who will thereupon consult with the District’s General Counsel and together they will review the material provided and will determine the legality of the contested ballot(s). Once the contests are resolved, the Chairperson shall reconvene the Landowners’ Meeting and thereupon certify the election results.
Recessing of Annual Landowners’ Meeting
In the event there is a contest of a ballot or of the election, the Landowners’ Meeting shall be recessed to a future time, date and location, at which time the election findings on the contest shall be reported in accordance with the procedure above and the newly elected Supervisor(s) shall thereupon take their Oath of Office.
Miscellaneous Provisions
Each Landowner shall only be entitled to vote in person or by means of a representative attending in person and holding a lawful written proxy in order to cast said Landowner’s votes.

Proxies will not require that proof of acreage (or lot parcel) ownership be attached. Rather, proof of ownership must be provided timely by the holder of the proxy, if the proxy is contested in accordance with the procedure above.

DELTA FARMS WATER CONTROL DISTRICT LANDOWNERS’ MEETING MINUTES DECEMBER 20, 2022

CALL TO ORDER

District Manager Frank Sakuma called the December 20, 2022, Landowners’ Meeting of the Delta Farms Water Control District (the “District”) to order at 9:26 a.m. in the Offices of Collins Brown Barkett, Chartered located at 756 Beachland Boulevard, Vero Beach, Florida 32963.

PROOF OF PUBLICATION
Mr. Sakuma presented proof of publication that notice of the Landowners’ Meeting had been published in the Indian River Press Journal on November 22, 2022, and November 29, 2022, as required by law.

ESTABLISH QUORUM

Mr. Sakuma stated that the attendance of Cynthia Colella, a landowner in the District, constituted a quorum and it was in order for the meeting to continue. Also in attendance were proxy holders for Gator ECP LLC, Riverbridge Farms LLC and J & J Produce Inc.

CONSIDER ADOPTION OF ELECTION PROCEDURES

The election procedures were adopted, as presented, without objection.

ELECTION OF CHAIR FOR LANDOWNERS’ MEETING

Mr. Clayton Amestoy was elected as the Chair for the Landowners’ Meeting.

ELECTION OF SECRETARY FOR LANDOWNERS’ MEETING

Mr. Frank Sakuma was elected as the Secretary for the Landowners’ Meeting.

ELECTION OF SUPERVISORS

Determine Number of Voting Units Represented or Assigned by Proxy

There were 1,579 voting units represented.

Nomination of Candidates

Mr. Amestoy was nominated to remain in his same seat, which is expiring. No other nominations were offered.

Casting of Ballots

Mr. Amestoy received 1,579 votes.

Ballot Tabulation & Result

Based on the votes cast, it was determined that Mr. Amestoy would receive a 3-year term, expiring in December, 2025.

Certification of the Results

There were no objections to the ballots. Mr. Amestoy, as Chairman, certified the results.

OTHER BUSINESS

Treasurer’s Report

Mr. Sakuma advised that the Treasurer’s Report was included in the Board package. He noted financial information about the District was available, at any time, to Supervisors and landowners. Also, the most recent financial audit was posted on the District’s website.

Engineer’s Report

Mr. Tyler Spencer provided the Board with a hard copy handout of the 2022 Engineer’s Report and went over highlights of the report.

Minutes of the Annual Landowner’s Meeting of December 21, 2021

The December 21, 2021, Annual Landowner’s Meeting minutes were approved on a motion made by Mr. Tim Dooley, seconded by Mr. Amestoy and the motion passed unanimously.

Consultants for the year 2022-2023 (Auditor – Engineer – Attorney)

Mr. Sakuma asked for the landowners to allow the selection of Financial Auditor to occur during the Regular Board Meeting.

The engineering firm of Carter Associates was retained as the District Engineer on a motion made by Mr. Dooley, seconded by Mr. Amestoy and the motion passed unanimously.

The law firm of Collins Brown Barkett, Chartered was retained as the District Attorney on a motion
made by Mr. Dooley, seconded by Mr. Amestoy and the motion passed unanimously.

LANDOWNERS’ COMMENTS

There were no comments from the landowners.

ADJOURNMENT

The Landowners’ Meeting was adjourned at 9:43 a.m. There were no objections.

 	
Secretary	Chairman

LANDOWNER PROXY DELTA FARMS
WATER CONTROL DISTRICT LANDOWNERS’ MEETING

KNOW ALL MEN BY THESE PRESENTS, that the undersigned, the fee simple owner of the lands described herein, hereby constitutes and appoints 	(“Proxy Holder”) for and on behalf of the undersigned, to vote as proxy at the meeting of the landowners of the Delta Farms Water Control District to be held on December 19, 2023 at 9:00 a.m. at the Offices of Collins Brown Barkett, Chartered located at 756 Beachland Boulevard, Vero Beach, Florida 32963 and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may be considered at said meeting including, but not limited to the Board of Supervisors. Said Proxy Holder may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may be legally considered at said meeting.

This proxy is to continue in full force and effect from the hereof until the conclusion of the above noted landowners’ meeting and any adjournment or adjournments thereof, but may be revoked at any time by written notice of such revocation presented at the annual meeting prior to the Proxy Holder exercising the voting rights conferred herein.

Printed Name of Legal Owner

Signature of Legal Owner	Date

Parcel Description*	# of Acres

* Insert in the space above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. [If more space is needed, identification of Parcels owned may be incorporated by reference to an attachment hereto.]

Pursuant to section 298 Florida Statutes (2023), a fraction of an acre is treated as one (1) acre entitling the landowner to one vote with respect thereto.

TOTAL NUMBER OF AUTHORIZED VOTES:    
Please note that each eligible acre of land or fraction thereof is entitled to only one vote, for example, a husband and wife are together entitled to only one vote per their residence if it is located on one acre or less of real property.
If the Legal Owner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto. (e.g. bylaws, corporate resolution, etc.)

BALLOT #		

BALLOT

DELTA FARMS WATER CONTROL DISTRICT
LANDOWNERS’ MEETING ELECTION OF BOARD SUPERVISORS
DECEMBER 19, 2023

The undersigned certifies that he/she is the owner ( ) or duly authorized representative of lawful proxy of an owner (  ) of land in the Delta Farms Water Control District, constituting 	 acre(s) and hereby casts up to the corresponding number of his/her vote(s) for the following candidate/candidates to hold the above-named open position:

Name of Candidate	Number of Votes

Signature: 	

Printed Name: 	

Street Address or Tax Parcel Id Number for your Real Property:

December 19, 2023

Delta Farms Water Control District Treasurer's Report For Annual Landowners Meeting

The fund balance for the Delta Farms Water Control District at the close of Fiscal Year 2021/2022 (September 30, 2022) was $879,926.

The fund balance for the Delta Farms Water Control District at the close of Fiscal Year 2022/2023 (September 30, 2023) was $866,400.

The following table illustrates Fiscal Year 2022/2023 revenues and expenditures budgeted versus actuals:

	Budgeted	Actual	Percentage	
Revenue	$198,011	$214,333	108%	
Expenditures	$198,011	$227,859	115%	
Excess/(Shortfall)	$0.00	($13,526)		

Note that the Fiscal Year 2022/2023 amounts are unaudited.

Special District Services, Inc.

RECEIVE ENGINEER’S REPORT

TO BE DISTRIBUTED UNDER SEPARATE COVER

AGENDA DELTA FARMS
WATER CONTROL DISTRICT
1708 21st Street
Vero Beach, Florida 32960
REGULAR BOARD MEETING
December 19, 2023
8:00 A.M.

Call to Order
Proof of Publication…	Page 12
Seat New Board Members
Administer Oath of Office & Review Board Member Responsibilities and Duties
Establish Quorum
Election of Officers
Chairman
Vice Chairman
Secretary/Treasurer
Assistant Secretaries
Additions or Deletions to Agenda
Comments from the Public
Approval of Minutes
1.  November 28, 2023 Special Board Meeting Minutes…	Page 13
Reports
Treasurer’s Report…	Page 16
Engineer
Status Report
Attorney
Chairman
Old Business
New Business
1. Discussion Regarding Reply to DFWCD Board of Supervisors Request for Legal Easement Access Agreement & Legal Cost Payment Expectation Question, and a Modified FPL
Proposal Offering to Clarify our Position in this Matter…	Page 21
Administrative Matters
Board Members Comments
Adjourn

PROOF OF PUBLICATION

LocaliQ
Florida GANNETT

PO Box 631244 Cincinnati, OH 45263-1244

DEL TA FARMS WATER CONTROL DISTRICT FISCAL YEAR 202J/l024

Laura Archer Delta Farms WCD 2501 Burns RD# A
Palm Beach Gardens FL 33410-5207

REGULAR MEETING SCHEDULE
NOTICE IS HEREBY GIVEN !hot
the Boord of Sui;erviwrs (the "Bcord"l of the Cello Forms Water Centro! Oislricl (the "Oistrlct"l will hold Regular Elcord Meetings (!he "Meeting" or "M lings ) ai lhi? offices of Corter Associoles located ot 1700 2hf Street, Vero Bcoch, Florido 31960 ol 8:00 o.m. c--un!eu otherwise noted ") on !he following
dotes:

STATE OF WISCONSIN, COUNTY OF BROWN

Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Public Notices, was published on the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print in the issues of, on:

10/06/2023

Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 10/06/2023

LegalC	 Notary, State ofWL County of Brown

	3/ / 7

Publication Cost:	$207.76	
Order No:	9376716	
Customer No:
PO#:	1126751	
IlHS IS NOT	INVOICE!	

My commision expires

# of Copies:
1

Please do not use this form for payment remil/ance.

October 17, 2023
November 21, 2023
••o.rcember 19,1023.. Jonuor','lli,2024 February 20, 2024 Morchl9,2D24
April 16,2024
Moy:i'l,2024 June 18, 2024 Ju!y16,202.l
Auaust20,2024
September 17, 2.0:u
••The De<:ember 19, 2023, Annuo! U.:mdcwnet:,' f.\ullin'J will b-0 hllld o! the offices of Collins Brown Borketl, Chorlered, located 01 756 Be-achtond Boulevord, Vero Beech, l"lorido 329"3 cl 9:00 o.m. The Regutor Boord u,eeling will immediotely lo!IO'N lhe Annvol Londowncn;' Meeting at the some locolion.•·

The P<,JrPOSC of the clings [$ lo conduct any business coming t>eforc the Board. MrellMS ore open to the Public ond wHI be cond\JCled in accordonce with lhe Pi'OVisions of Florido low. Copiu of lhe Agendas for ony of the meetinus moy be obloint'd from the Olstrkt's Wt'bsile
www dcJtofcrmswcd Qf9. or by conlocllnu the Districl Monoor.r at 772.345.5119  or  by  enw!l  ot
hsnlrnma@ dsioc Q{q  onci/or toll fr ct 1·877-737•4¥'21 prior to lhc dole of the porlicu!or rneetlro. The Meellnos ore epen to the public: and wil! be conducted in occordonc!! with the prov!slon.s of Florida low for SPCCiol dislrkh, The f/\eelln(15 may be continued to a dote, time and ploce- lo be specified on Hie r ordolthe/'. Hng.

From time lo time o Supervl!or moy parlicipole by lelephone; therefore, 1:1 !>pecker 1e1ephonc may be present ot the meeting lix:otlon so that Supervisor moy b<? fully informed of !he d!scw,sions loldn11 piece. Said meeting(s} moy be conlinued os. found nccessorv to o Om!? and P!OCC SP(!Cified On the record.

!I any parson decides to appeal ony decision mode Wilh resl)(!cl to ony metier considered of these mectin<J5, such person will need o record ol 1he oroceedin,;is and such cers-on may need to in ure tho! o "erbalim record of th-!:! proce-ectings is modi? ol hi!:- or her own expenR ond which record Include!- H11 le!>timorw end evidence en which the oPPCo! is 00:!.ed.

!n occorckuxc w!lh the provisions of 1he Amcricons with DlsobHilie Ac!, onv rson re-quiring s ciol occcmmOdc:rfions or on lnlercreler lo participate ol onY of 11,esc me-elinm;. should contocl the Dislrkt Monoaer ol 712•J..i5•5119 ond'or loll fr«> ol l• 977.737•.:n2 ot leosl ven (7)dovs p-rior lo lhl? QOlc of lhc, POrliculor meeting.

Mec!im:is mav be concel1cd fr<im lime !o time, without od., rtitfil nolice.

OEL TA	FARMS	WATER CONTROL DISTRICT
WWW d"H□form•wcd Of'l
PUBLISH:  IHOIAN  RIVER PRESS JOURNAL 1Cli'M/'l3
TCN9'376716

KAITLYN FELTY
Notary Public State of Wisconsin

Page 1 of 1

DELTA FARMS WATER CONTROL DISTRICT SPECIAL BOARD MEETING MINUTES NOVEMBER 28, 2023

CALL TO ORDER

The Special Board Meeting of November 28, 2023, of the Delta Farms Water Control District (“District”), was called to order at 8:05 a.m. in the offices of Carter Associates located at 1708 21st Street, Vero Beach, Florida 32960.

PROOF OF PUBLICATION

Proof of publication was presented that showed notice of the Special Board Meeting had been published in the Indian River Press Journal on November 20, 2023, as legally required.

ESTABLISH A QUORUM

Mr. Sakuma stated that the attendance of Supervisors Rusty Banack, Tim Dooley and Brian Randolph (via phone) constituted a quorum, and it was in order for the meeting to proceed.

Also in attendance were: District Manager Frank Sakuma and Associate District Manager Stephanie Brown of Special District Services, Inc. and District Engineer Tyler Spencer of Carter Associates, Inc.

ADDITIONS OR DELETIONS TO AGENDA

There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC

There were no comments from the public.

APPROVAL OF MINUTES

October 17, 2023, Regular Board Meeting and Public Hearing
The October 17, 2023, Regular Board Meeting and Public Hearing minutes were approved on a motion
made by Mr. Banack, seconded by Mr. Dooley and the motion passed unanimously.

REPORTS

Treasurer
Mr. Banack went over the financial data provided in the Board package. Staff confirmed for Mr. Dooley that the invoice for aquatic maintenance was for the internal canals. The November 28th Treasurer’s Report was approved on a motion made by Mr. Dooley, seconded by Mr. Banack, and the motion passed unanimously.

Engineer
Mr. Specer advised the Board that there had been an issue gaining access to Lateral U at the west bank of the levy and that it would need to be mowed. He also provided proposal information for the installation of three weather stations that would be located within the District. After further discussion, the installation of three weather stations was approved in the amount of $3,300 on a motion made by Mr. Dooley, seconded by Mr. Banack and the motion passed unanimously. Also, Board consensus was to receive the Engineer’s Report digitally (on projected screen) for future meetings.

Attorney
There was no Attorney Report at this time.

Chairman
There was no Chairman Report at this time.

OLD BUSINESS

Status of Kromhout Conveyance

Mr. Luethje provided an update on communications between Mr. Kromhout, Ms. Colella and FPL. He advised the Board that there was currently no final resolution regarding the conveyance and provided the Board with options on how to best move forward. After further discussion, a motion was made by Mr. Banack, seconded by Mr. Dooley instructing District attorney Steve Henderson to draft an agreement between the District and Mr. Kromhout for review, detailing the terms and conditions for the conveyance of District property to Mr. Kromhout. The motion passed unanimously.

NEW BUSINESS

Discussion Regarding Compliance Issue on Property East of Canal B

The lessee (Mike Kelly, Palm City Sod) on property east of Canal B was found to be flood irrigating and was informed that it was against regulation. The Board asked Mr. Spencer questions about water usage reporting and monitoring. Mr. Spencer stated that water usage would be monitored more closely with data recording being provided. Board consensus was that the current issue would rectify itself as this would be the only instance of flood irrigation. The lessee acknowledged they would implement a different process moving forward or would no longer be permitted to farm.

ADMINISTRATIVE MATTERS

There were no further Administrative Matters.

BOARD MEMBER COMMENTS

Mr. Banack advised the pump station maintenance (sandblasting and painting) was ongoing.

ADJOURNMENT

There being no further business to come before the Board, Mr. Dooley adjourned the meeting at 9:07
a.m. There were no objections.

Secretary/Assistant Secretary	President/Vice-President

Delta Farms Water Control District

Financial Report For November 2023

DELTA FARMS WATER CONTROL DISTRICT MONTHLY FINANCIAL REPORT
NOVEMBER 2023

REVENUES	Annual Budget
 0 23  30 2 	
Actual NoY 23	Year To Date Actual
 0 23  30 23	
O  M ASSESSMENTS	220,685	10,486	10,486	
OTHER REVENUES	0	0	0	
INTEREST INCOME MONEY MAR.ET	240	0	3,157	
INTEREST INCOME PRIME	0	0	0	
NET FMIT INTEREST INCOME	0	0	0	
LOSS ON FMIT FUNDS	0	0	 2,246	
TOTAL REVENUES	 	220 2 	 	 0 	 	 3 	
				
EXPENDITURES				
MAINTENANCE EXPENDITURES				
AQUATIC WEED CONTROL	28,500	0	2,730	
CANAL MAINTENANCE	5,000	0	0	
FUEL	62,500	15,715	15,715	
REPAIRS	20,000	2,185	9,341	
R W MAINTENANCE	25,000	0	0	
SUPPLIES	1,000	96	533	
WATER QUALITY TESTING	1,250	0	0	
TOTAL MAINTENANCE EXPENDITURES	 	 3 2 0	 	      	 	2 3 	
				
ADMINISTRATIVE EXPENDITURES				
AUDIT	6,100	0	0	
ENGINEERING	18,000	0	598	
INSURANCE	13,200	0	15,213	
LEGAL	3,500	0	0	
LEGAL ADVERTISING	1,500	292	499	
MANAGEMENT	24,000	2,000	4,000	
MISCELLANEOUS	2,000	20	20	
DUES  SU%SCRIPTIONS	0	0	175	
OFFICE SUPPLIES	250	45	47	
RESERVES	13,434	0	0	
%AN. SERVICE CHARGES	0	0	10	
POSTAGE	250	23	22	
TOTAL ADMINISTRATIVE EXPENDITURES	 	 2 23 	 	2 3 0	 	20 	
				
TOTAL EXPENDITURES	 	22 	 	20 3 	 	  03	
				
REVENUES LESS EXPENDITURES	 	       	 	  0 	 	 3 0 	
				
DE%T PAYMENTS	0	0	0	
				
BALANCE	 	       	 	  0 	 	 3 0 	
				
COUNTY APPRAISER  TA; COLLECTOR FEES	 4,414 	 201 	 2,001 	
DISCOUNTS FOR EARLY PAYMENTS	 8,827 	 419 	 419 	
				
EXCESS SHORTFALL 	 	  00 	 	 0 0 	 	 3 2 	
				
CARRYOVER FROM PRIOR YEAR	17,800	0	0	
				
NET EXCESS SHORTFALL 	 	 	 	 0 0 	 	 3 2 	

BanN Balance AV OI  30 23	 	  3 2 	BanN Account BalanceV	
AccountV Pa\aEle AV OI  30 23	 	30 0 0 	FMIT H4 	 	2 2  2	
AccountV ReceLYaEle AV OI  30 23	 	200 00	MarLne BanN CKecNLng 	 	3 3 2 2 	
OtKer Current AVVetV AV OI  30 23	 	 	MarLne BanN MMA 	 	 0 3 	
OtKer AVVetV AV OI  30 23	 	 000 00	SBA 	 	 0 2 	
AYaLlaEle FundV AV OI  30 23	 	 2  3 2 	TOTAL 	 	  3 2 	

DELTA FARMS WATER CONTROL DISTRICT
Expenditures
October through November 2023

	Date		Invoice 		Vendor		Memo		Amount	
EXPENDITURES ADMINISTRATIVE EXPENDITURES
01-1301 • ENGINEERING										
	10 27 2023		202329003		CARTER ASSOCIATES, INC 		engineering tKru 10 27 2023		597 50	
Total 01-1301 • ENGINEERING									597 50	
01-1302 • INSURANCE										
	10 01 2023		19975		Egis Insurance Advisors		polic\  100123947 10 01 2023 - 10 01 2024 		15,213 00	
Total 01-1302 • INSURANCE									15,213 00	
01-1304 • Legal Advertisement										
	10 06 2023		0005988033		Gannett Florida LocaliQ		FY 23 24 Mtg ScKedule		207 76	
	11 30 2023		2023-1664		Special District Services		Treasure Coast neZs legal ad		291 63	
Total 01-1304 • Legal Advertisement									499 39	
01-1305 • MANAGEMENT FEES										
	10 31 2023		2023-1326		Special District Services		management Iee October 2023		2,000 00	
	11 30 2023		2023-1664		Special District Services		management Iee November 2023		2,000 00	
Total 01-1305 • MANAGEMENT FEES									4,000 00	
01-1306 • MISCELLANEOUS										
	11 30 2023		2023-1664		Special District Services		travel		20 30	
Total 01-1306 • MISCELLANEOUS									20 30	
01-1307 • dues, subscriptions										
	10 02 2023		87903		Florida Department oI Economic Opportunit		Special district Iee 2023 2024		175 00	
Total 01-1307 • dues, subscriptions									175 00	
01-1308 • OFFICE										
	10 31 2023		2023-1326		Special District Services		copier cKarges - September 2023		1 65	
	11 30 2023		2023-1664		Special District Services		copier cKarges		21 15	
	11 30 2023		2023-1664		Special District Services		meeting booNs		24 00	
Total 01-1308 • OFFICE									46 80	
01-1310 • BANK SERVICE CHARGES										
	10 31 2023						Service CKarge		10 00	
Total 01-1310 • BANK SERVICE CHARGES									10 00	
01-1319 • POSTAGE										
	11 30 2023		2023-1664		Special District Services		FedE[		13 90	
	11 30 2023		2023-1664		Special District Services		postage		8 53	
Total 01-1319 • POSTAGE									22 43	
Total ADMINISTRATIVE EXPENSES									20,584 42	

DELTA FARMS WATER CONTROL DISTRICT
Expenditures
October through November 2023

	Date		Invoice 		Vendor		Memo		Amount	
MAINTENANCE EXPENSES
01-1311 • AQUATIC WEED CONTROL										
	10 27 2023		80923		Future Hori]ons Inc		aTuatic Zeed control		2,730 00	
Total 01-1311 • AQUATIC WEED CONTROL									2,730 00	
01-1313 • FUEL										
	11 14 2023		2096041		Palmdale Oil Compan\, Inc 		Iuel		11,772 41	
	11 17 2023		2098638		Palmdale Oil Compan\, Inc 		Iuel		3,942 88	
Total 01-1313 • FUEL									15,715 29	
01-1314 • REPAIRS										
	10 10 2023		483643		Sports Welding		station A pump 2 station B pump 4		1,235 00	
	10 30 2023		INV-00002		Treasure Coast Mobile Sandblasting LLC		sandblasting and painting		4,280 80	
	10 31 2023		9785		R S METALWORKS		gravit\ gate inspection and repairs		1,640 00	
	11 08 2023		683654		Sports Welding		Station B pump 4 repaired Ziring , pump 3 replaced starter 		2,185 00	
Total 01-1314 • REPAIRS									9,340 80	
01-1316 • SUPPLIES										
	10 11 2023		334953		NAPA AUTO PARTS		reman starter, core deposit		436 97	
	11 08 2023		338416		NAPA AUTO PARTS		tie and Zires		95 89	
Total 01-1316 • SUPPLIES									532 86	
Total MAINTENANCE EXPENSES									28,318 95	
TOTAL EXPENDITURES									48,903 37	

DELTA FARMS WATER CONTROL DISTRICT TAX COLLECTIONS
2023-2024

#	

ID#	

PAYMENT FROM	

DATE	

FOR	

Tax Collect Receipts	

Interest Received	

Commissions Paid	

Discount	

Net From Tax Collector	

O&M Assessment Income (Before Discounts & Fees)	

Debt Assessment Income (Before Discounts & Fees)	

O&M Assessment Income (After Discounts & Fees)	

Debt Assessment Income (After Discounts & Fees)	
				GROSS 					 220,685	 220,685	 0	 220,685	 0	
				NET 					 207,444	 207,444	 0	 207,444	 0	
1		Indian River County Prop Appraiser	10/02/23	Fees			$	(1,800 00)		$	(1,800 00)			$	(1,800 00)		
2	1	Indian River County Tax Collector	11/03/23	NAV Taxes	$	10,486 00		$	(201 33)	$	(419 44)	$	9,865 23	$	10,486 00		$	9,865 23		
3	2	Indian River County Tax Collector	12/08/23	NAV Taxes	$	90,062 00		$	(1,298 67)	$	(3,602 48)	$	85,160 85	$	90,062 00		$	85,160 85		
4									$	-					
5									$	-					
6									$	-					
7									$	-					
8									$	-					
9									$	-					
10									$	-					
11									$	-					
12									$	-					
13									$	-					
14									$	-					
15									$	-					
16								$	-	$	-					
					$ 100,548 00	$	-	$	(3,300 00)	$	(4,021 92)	$	93,226 08	$ 100,548 00	$	-	$	93,226 08	$	-	

Note: $220,685 is 2023/2024 Budgeted assessments before discounts and fees 
$207,444 is 2023/2024 Budgeted assessments after discounts and fees 

$ 100,548 00
$	-

$	93,226 08

$ (100,548 00)	$	(93,226 08)
$	-	$	-
$	- 	$	- 
$	-	$	-

To: Delta Farms Water Control District Board of Supervisors	November 30, 2023 C/O Attention: Franck B. Sakuma, Jr., CDM, District Manager
Special District Services, Inc.
Email Address: bsakuma@sdsinc.org

Copied: David Luethije, PSM,	Copied: Cynthia Colella, DFWCD Landowner

Carter and Associates, Inc., an LJA Company	Email Address: cynthiacolella@gmail.com

Email Address: dluethije@carterassoc.com

Ref: Reply to DFWCD Board of Supervisors request for Legal Easement access agreement & Legal cost payment expectation question, and a modified FPL proposal oﬀering to clarify our position in this matter.
Gentlemen,
On Tuesday, November 28, when we stopped by Carter and Associate’s oﬃce to inquire about the progress of the survey work relating to both the boundary line changes and the proposed new FPL underground easement, we were advised by David Luethije that the Delta Farms Water Control District (DFWCD) Board of Supervisors had met that morning and that he was asked to ask us to prepare an agreement with DFWCD’s attorney, at our expense, to ensure that others within DFWCD could also access the newly proposed underground easement. We advised him that the very reason why we placed the proposed new easement to touch next to the boundary line between the two properties was to aﬀord all adjoining DFWCD landowners to attach to it subject to certain conditions addressed further below herein. We went on to state that we would be willing to also sign a statement with the provisions it includes certain conditional items addressed below. However, to expect us to pay and be responsible for the legal cost of DFWCD attorney to prepare said agreement document, we would not agree to doing that.
Considering DFWCD was agreeable and gracious enough to deed back to us the land that was taken and that we have been in open and hostile possession of ever since we purchased it back in 1950 on our west side near our west access gate, we elected to use our land to enable FPL to put their new underground powerline easement under it so as to expeditiously expedite things. The boundary taking had resulted from an age-old survey error caused by the Loyd and Associates survey firm, however the matter of the parties of possession issue had not been addressed formally until now. Once the boundaries of both parcels (Kromhout & DFWCD), are adjusted for this issue, we will be able to fully put the new FPL easement directly next to the new DFWCD’s boundary to able their landowners to access electric power directly from FPL’s distribution service line.
This could be accomplished eﬀectively once DFWCD agreed to adjust our west boundary line back to the land area that we had and were in open and hostile possession of for over 70 plus years. The only reason we all were able to get this new underground powerline was because we caught FPL installing an illegally placed above ground powerline on our property back in 1974. Without that 1974 temporary powerline easement agreement with FPL, this powerline movement would have cost everyone considerably to reestablish the half mile long remaining above ground powerline to an underground one.
It has taken us months to locate the proper people within the FPL’s organization to finally get FPL’s legal department to address the issue related to this 1974 agreement. After considerable negotiations, FPL has finally acknowledged that they were responsible to follow through to get this temporary powerline moved to

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a new location at their (FPL) expense as called for in the 1974 agreement. Only now has an underground powerline discussion become possible with FPL subject only to our oﬀering to provide an alternative and acceptable easement location, which we were able to conditionally oﬀer, again subject to DFWCD adjustment of the boundary line and parties of possession issue getting resolved. Until then, we had to stand our ground to make things happen, which we did. In the end, FLP reluctantly finally talked about removing the temporary powerline and moving it to a new location at their expense. Again, without our 1974 agreement, none of this would have been possible, and willingness to relocate an alternative easement location with an underground powerline would not happened.
Now that we (Kromhout, and not DFWCD) have worked out what should be a reasonable solution for all concerned and it being all on our land, the future use of our related land will be restricted to the easement being under it, only, not DFWCD property. Therefore, in my opinion, the Board had some nerve to ask David to do their dirty work by asking him to request an access agreement to be developed for their landowners using their attorney to draw it up, and at our expense. After David presented that question to us, we asked why such an agreement was even necessary since the easement touched DFWCD’s property line and we were willing to sign an acceptable recordable agreement to allow all east side landowners within DFWCD to gain access (subject the conditions detailed further below) to ensure that they can connect to this new underground powerline? And, why would you expect for us to pay for that transaction?
We have asked for no compensation for the untold hours we have spent trying to work things out with FPL in this process, and our land being incumbered with this new easement proposed without compensation. Since all parties will save money in accomplishing this task, and getting what they want, why then are we expected to pay legal costs on top of everything else we have done? All of this again was only possible because of our 1974 temporary easement agreement that we were able to leverage against FPL to get all this done to this point. (DFWCD, and its Supervisors, could not do what we were able to do to get to this point.) We have already gone above and beyond to help get this underground easement to where it is proposed to help DFWCD and its landowners out as neighbors. We have even proposed to agree to allow DFWCD landowners to gain access to the power they need subject to only our noted below conditions. Also, we even are willing to allow the Colella property to access and temporarily connect to our existing above ground powerline with FPL, until such time the connection can be transferred over to the new underground powerline, once completed, subject to that connection being made within 6 months, and FPL formally noticing and confirming to all of us that they will actually live up to doing their share in writing within the noted time frame.
Conditions to attaching to the new powerline easement proposed: Our only conditions to be imposed with the new underground powerline granting connections are to require anyone attaching to that line from DFWCD side:
keep all connecting DFWCD related powerlines coming from the new underground powerline easement underground, until said new DFWCD lines are on the west side of the existing DFWCD’s drainage canal, which is located just to the west of the new proposed underground powerline easement,
Accept no transformers or any other above ground related equipment from being placed or installed within the new easement or between it and the DFWCD canal to the west of the new easement. Once past that point, and the new line attaching surfaces on the west side of the canal, DFWCD can impose any further conditions they may wish to add or eliminate, such as poles, no poles, and transformer placement, etc. within DFWCD properties.
If this above counter proposal is considered to be unacceptable to DFWCD as a district, and to its associated impacted landowners collectively, then one of our previous emailed options noted in our August email is to

2

simply place the new easement on 5 feet of each side of our common boundary lines, to provide FPL with a collective 10-foot-wide underground easement, needed to make things happen. This option would require Carter and Associates to draw up a new revised survey requiring more time, money and delay, but that would eliminate the question of access and would also impose the same limitations of future land usage associated with the granting of an easement to FPL to both parties involved. If this option is preferred, then we (Kromhout) will not agree to share in the new survey’s cost.
As it was originally proposed with the easement being entirely on our lands but adjoining DFWCD property’s boundary line, we bare the loss of the use of our land by the granting of the new easement. And because of this fact alone, that is the main reason why we should not have to bear any added expense associated with helping to get power to DFWCD landowners wanting to gain electrical service, not to mention what it took to get to this point, as noted above. This includes, us not having to pay for both the proposed added legal work proposed, and now, paying for the survey costs associated with placing the new underground easement on our land exclusively, and not on DFWCD land ($1,850.00 is what CA, Inc. has estimated & quoted the survey cost as originally proposed). Those two costs items should be absorbed only by DFWCD, and/or it’s wanting to access electrical service landowners, or by FPL – per our 1974 temporary easement agreement terms and conditions, and not us (Kromhout). How those costs are to be paid, should not be of a concern for us to have to deal with all things taken into consideration that we have accomplished for your benefit to get to this point in a reasonably timely manner. After all, we were not asked to get involved until late April of this year
In conclusion, all of this is subject to DFWCD following through with the granting of certain lands on which we are currently encroaching on DFWCD land as a result of their survey and construction drainage improvement activities work on lands that we were and still are in open and hostile possession of since 1950, which impacts our roadway access from SR#60 to Section one’s NW corner point. If that is not agreed to, and that transfer does not take place as oﬀered, or FPL rejects any part of these proposals, and reneges on its responsibilities associated with our 1974 temporary easement agreement, as they have stated to us that they would comply with, then we are all back to square one to resolve these boundary and powerline issues.
Please advise as to your acceptance or rejection to modify our original proposal, or alternative option oﬀer made herein. We expect a reply no later than the close of business on December 8th. After that date, we make no promises as to what we will, or will not do.
Sincerely,
Alexander Kromhout,
Trustee for the Kromhout Rev. Trust and Manager for The Hammock Ranch Preserve, LLC Email address: verobeachlex@hotmail.com 
Phone No. 772.473.2758

File: Delta Farms Water Control District Board of Supervisors 11.30.23

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