Cow Slough Water Control District

Cow Slough Water Control District

Board of Supervisors’ Minutes of the

Annual Landowners’/Monthly Meeting

May 26, 2016

COW SLOUGH WATER CONTROL DISTRICT

BOARD OF SUPERVISORS

ANNUAL LANDOWNERS’ MEETING AND

MONTHLY MEETING

HELD ON MAY 26, 2016

BOARD OF SUPERVISORS ADMINISTRATOR

Mr. Phil Sherrod, President Dana Clement

Mr. Dallas Townsend, Supervisor

Mr. John Giddens, Supervisor

OTHERS PRESENT

Ms. Sommer Foster, Engineer, Johnson-Prewitt & Associates, Inc.

Mr. Bob Diffenderfer, Lewis Longman & Walker, P.A., via telephone

Mr. John Huffman, representing Barron Collier Companies

Mr. Tommy Browning, Landowner

Mr. Jeff Kreiger, representing Consolidated Citrus and Turner Groves, Inc.

1)PRESIDENT CALLS MEETING TO ORDER

Mr. Sherrod called the May 26, 2016, Cow Slough Water Control District Annual Landowners’Meeting to order at 3:00 p.m.

Mr. Sherrod announced all who were in attendance and said that Mr. Giddens would not be in attendance.

2)MEETING ANNOUNCEMENT

a)SECRETARY READS NOTICE

Ms. Clement said that the meeting notifications were noticed in The News-Press on May 9, 2016 and again on May 16, 2016, and that the meeting dates are on the District’s website, and each landowner was sent written notification of the meetings along with a draft budget and a proxy.

Mr. Huffman made a motion to waive the reading of the affidavit of publication and Mr. Kreiger seconded the motion. The motion passed unanimously.

3)ELECTION OF A CHAIRPERSON & SECRETARY WHO CONDUCT THE MEETING

a)LANDOWNERS ELECT A CHAIRPERSON AND SECRETARY – Mr. Sherrod askedfor nominations to appoint a Chairperson and a Secretary to conduct the annual meeting.

Mr.Townsend made a motion nominatingMr. Diffenderferto serve as Chairperson and Ms. Clement to serve as Secretary. Mr. Giddens seconded the motion. All present were in favor of the motion and the motion passed unanimously. Mr. Diffenderferand Ms. Clement were elected by acclamation.

4)CALL FOR PROXIES

a)TABULATE-ANNOUNCE RESULTS- Mr. Diffenderfercalled for proxies to be presented. There were none. Mr. Diffenderfer said that the persons present at this meeting represent a quorum.

b)CHAIRPERSON DECLARES A QUORUM – Mr. Diffenderferdeclared a quorum.

Mr. Diffenderfer stated that the only purpose of the landowners’ meeting is to elect a replacement for the supervisor whose term is expiring and that is Mr. John Giddens.

5)ELECTION OF A SUPERVISOR

a)TERM EXPIRATION -Mr. John Giddens.

b)ELECT ONE SUPERVISOR – Mr. Diffenderfer opened the floor for nominations for a Supervisor toserve from the year 2016 to 2019.

Mr. Townsendnominated Mr. Giddens to serve as a supervisor from 2016-2019 and Mr. Kreiger seconded the motion.There being no other nominations, Mr. Giddenswas elected by acclamation.

c)OATH OF OFFICE ADMINISTERED– Mr.Giddens read the oath of office aloud and then executed the document.

6)ADJOURN ANNUAL LANDOWNERS’ MEETING

Mr.Diffenderfer said that the election being held is the only business of the landowners’ meeting;therefore; he adjourned the meeting at 3:04p.m.and turned the meeting back over to the supervisors.

7)PRESIDENT CALLS THE MONTHLY MEETING TO ORDER

a)MR. SHERROD CALLS THE MONTHLY MEETING TO ORDER – Mr. Sherrodcalled the Monthly Meeting to order at 3:04p.m.

b)ELECTION OF A NEW PRESIDENT FOR2016-2017 FISCAL YEAR - Mr. Sherrodstated that the floor was open for nominations for a President of the Board of Supervisors to serve the 2016/2017 fiscal year.

Mr.Townsend nominated Mr. Sherrod to serve as President for the 2016/2017. Mr.Giddens seconded the motion. Mr. Sherrod asked if there were any other nominations, there being none, Mr. Townsend moved that nominations cease and Mr. Giddensseconded the motion. Mr. Sherrodwas elected unanimously.

c)COMMENTS BY NEW PRESIDENT – Mr. Sherrod said, “thank you”.

8)ATTORNEY’S REPORT

a)STATUS OF THE CONDEMNATION PROCESS

Mr. Diffenderfer stated that all present should have a memorandum, dated May 13, 2016,describing a counter offer from the Lewis’.

Mr. Diffenderfer said,that in his memorandum, he explains that the Lewis’ attorney, Mr. Carlos Kelly, phoned him to convey a counteroffer from the Lewis’ to the offer the District previously made for the acquisition of the Lewis easement property. Mr. Diffenderfer said that their counteroffer is $41,480.00. Mr. Diffenderfer said that the Lewis’ agree that the evaluation of the property, $9,500 is appropriate, however, there is a well on their property that CSWCD did not contemplate in its offer.

Mr. Diffenderfer said that the District can entertain the offer, object it, discuss alternatives, come up with a different configuration, move further to the north to avoid the well, or further north to avoid the Lewis’ all together. Mr. Diffenderfer asked the thoughts of the Board members. A lengthy discussion followed.

Mr. Sherrod asked if Mr. Diffenderfer, accompanied byMr. Townsend, would visit the Lewis’ attorney and come to a resolution on this issue. Mr. Diffenderfer said that he was hoping that question would be raised. Mr. Diffenderfer said that the District was unaware of a well on the Lewis’ property when it made an offer to the Lewis’ so now we need to see how we can avoid the well.

Mr. Townsend said that as far as the well is concerned, the District can fence around the well and let the Lewis’ use it.

Mr. Diffenderfer said that he did ask Mr. Kelly if a representative(s) of the District can come on the Lewis’ property to look at the well, and Mr. Kelly said that he will ask the Lewis’ and let him know.

It was agreed that the District will continue the plan for the canal, make plans to narrow the canal enough for the well head to be in the easement, and to install a culvert in the ditch so that the Lewis’ can work around their well. Mr. Diffenderfersaid,that the culvert should be sizedso that it willhandle the flow and a flood. It was determined that the size of the culvert should be able to accommodate drainage for future landowners, not only the landowners currently in the area.

Mr. Giddens made a motion authorizing Mr. Diffenderfer and Mr. Townsend to meet with the Lewis’ attorney, Mr. Carlos Kelly, and to work together to come up with a resolution to the easement issue. Mr. Sherrod seconded the motion and the motion passed unanimously.

9)OLD BUSINESS

a)APPROVE THE MINUTES OF THE MONTHLY MEETING AND THE SPECIAL MEETING HELD ON APRIL 28, 2016 – Ms. Clement submitted the draft minutes for the monthly meeting and special meeting held on April 28, 2016, for the Board’s approval.

Mr. Townsend made a motion toapprove the minutes of the monthly meeting as submitted, and to approve the minutes of the special meeting with the date to be changed from 2015 to 2016. Mr.Giddens seconded the motion and the motion passed unanimously.

10)ADMINISTRATOR’S REPORT

a)APPROVE THE MAY 2016, FINANCIAL REPORTS–Ms. Clement submitted the May2016, financial reports for the Board’s approval.

Mr.Townsendmade a motion to accept the financial reports as presented. Mr. Giddensseconded the motion and the motion passed unanimously.

b)ADMINISTRATOR’S CONTRACT FOR 2016-2017- Ms. Clement submitted the administrative contract to the Board for their acceptance or rejection.

Mr. Townsend made a motionto renew Ms. Clement’s services for an additional year at a rate of $1,250.00 per month. Mr. Giddens seconded the motion and the motion passed unanimously.

c)Ms. Clement said that the next scheduled meeting is to be held on Thursday, June 23, 2016, at 3:00 p.m.

11)ENGINEER’S REPORT

a)ENGINEER’S ANNUAL REPORT– Ms.Fosterverbally reviewed the annual engineer’s report.

Mr. Townsend made a motion to approve the annual engineer’s report as presented and Mr. Giddens seconded the motion. The motion passed unanimously.

b)UPDATE ON THE MORRIS TAYLOR ROAD PROJECT

Ms. Foster said, that at the last meeting, there were concerns regarding the low quote received from Universal Trax as to whether the price quoted, included materials and labor. Ms. Foster said that she was asked to speak to the contractor regarding this issue and to report her findings to Mr. Sherrod. Ms. Foster said that the contractor verified that his quote of $7,100.00, does indeed, include materials and labor. Ms. Foster said that she discussed this with Mr. Sherrod, and he asked her to accept the quote and to instruct the contractor to begin the project as soon as possible.

Ms. Foster said that Mr. Dunaway has a concern about the way the project is being done right now and she will look into it.

c)AS BUILT FOR THE 72” CULVERTS

Ms. Foster said that the engineer from Johnson Engineering has sent the As Built for the project and said that it is within the design criteria and that the resetting of the culverts does favor the District.

d)FIRST PHASE PLANS FOR HIGHWAYS 29 & 80

Ms. Foster said that she has received the phase one plans for Highway 29, from Highway 82 to County line. Ms. Foster said that she has scanned the plans and is leaving an original set for anyone’s viewing pleasure.

Ms. Foster said that the engineering firm has asked for a letter from the District stating that it is in agreeance with the plans. Ms. Foster said that she will review the plans further, but at this point, she does not see why the District should object to them. The Board concurred.

Discussion ensued.

12)BUDGET 2016-2017

a)2016-2017 ASSESSMENT RATE – Mr. Sherrod saidthat a draft budget was preparedby the Board of Supervisors ina special meeting held on April 28, 2016, and added that a copy of the draft budget is available to all present to review. Ms. Clement said that the draft budget is also on line for anyone to review.

Mr. Sherrod stated that the Supervisors are recommending an assessment rate of $9.00 per acrefor fiscal year 2016-2017, a decrease from the current assessment rate of $13.50 per acre.

Mr. Townsendmade a motion to approve the CSWCD draft budget for fiscal year 2016-2017with an assessment rate of $9.00 per acre. Mr.Giddensseconded the motion and the motion passed unanimously.

b)EXECUTE 2016-2017 ASSESSMENT RESOLUTION – Mr.Townsendmade a motion to accept $9.00 per acre as the assessment rate for fiscal year 2016-2017 for all lands located within the Cow Slough Water Control District and to execute the Assessment Resolution. Mr. Giddensseconded the motion and the motion passed unanimously.

The supervisors executed the resolution.

c)EXECUTE THE 2016-2017, RESOLUTION TO EXECUTE AND LEVY NON-ADVALOREM TAXES – Mr. Townsend made a motion to execute the resolution forthe execution and collection of non-ad valorem taxes for the 2016-2017 fiscal year. Mr.Giddensseconded the motion and the motion passed unanimously.

Mr. Sherrod executed the resolution.

13)CALL FOR NEW OR OTHER BUSINESS

a)APPOINT LEGAL, ENGINEERING, AND AUDITING SERVICES FOR THE 2016-2017FISCAL YEAR – Mr. Townsend made a motion to retain Lewis, Longman & Walker, P.A., asthe legal firm representing the District, Johnson-Prewitt and Associates as the engineering firm representing the District, and to retain Boy, Miller, Kisker, & Perry, P.A., as the auditing firm representing the District for the 2016-2017 fiscal. Mr.Giddensseconded the motion and the motion passed unanimously.

Ms. Clement submitted an engagement letter for Boy, Miller, Kisker, & Perry, P.A.,to perform the audit for fiscal year ending September 30, 2016, at a cost of $3,600.00.

Mr. Sherrod executed the engagement letter.

b)APPOINT A SECRETARY/TREASURER FOR 2016-2017 FISCAL YEAR – Mr. Townsend made a motion to appoint Ms. Clement as the District’s Secretary/Treasurer for the 2016-2017 fiscalyear. Mr.Giddensseconded the motion and the motion passed unanimously.

c)ESTABLISH MEETING DATES FOR FISCAL YEAR 2016-2017 – Mr. Townsend made a motion to hold the District meetings on the fourth Thursday of each month with the exceptions ofJuly, November, and December in which no meetings are held. Meetings are to be held at 3:00 p.m. at the County Extension Offices in LaBelle, Florida, unless otherwise noticed. Mr.Giddensseconded the motion and the motion passed unanimously.

d)NEW BUSINESS – BOARD OF SUPERVISORS

1)Mr. Townsend said that some herbicidesneed to be applied in the shallow laterals and that Mr. Crivellaro, Ecological Management,needs to be contacted. Mr. Sherrod said that he will contact Mr. Crivellaro and get it scheduled.

Mr. Sherrod said that he has hired Universal Trax to install a culvert for his personal property, and that for the past couple of months, the District has been discussing the necessity of cleaning out sandbars in the Townsend Canal and behind multiple culverts, as noted by Mr. Crivellaro when he was applying herbicides.

Mr. Sherrod said that it is now critical that the sandbars are cleaned due to the rain being upon us. Mr. Sherrod asked, that since Universal Trax is working in the District already, would the supervisors approve of hiring Universal Trax and have him walk down the Townsend Canal and clean out behind the culverts and remove the sandbars.

Mr. Townsend made a motion to hire UniversalTrax, on an emergency basis, to clean out the necessary sandbars. Mr. Giddens seconded the motion and the motion passed unanimously.

14)CALL FOR PUBLIC COMMENT

Mr. Sherrod asked if there were any comments from the public.There were none.

Mr. Sherrod thanked all of the individuals present for their participation in attending the meetings.

15)PUBLIC NOTIFICATION

“Pursuant to Section 286.0l05, Florida Statutes, if any person decides to appeal any decision made by the District with respect to any matter considered at this meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based.”

16)ADJOURNMENT

At 4:03p.m., Mr.Townsend made a motion to adjourn the meeting and Mr.Giddens seconded the motion. The motion passed unanimously.

Sincerely,

Dana Clement

Secretary/Treasurer

Cow Slough Water Control District

1

c:\users\dana\documents\cs minutes\2016\csannual&monthlymeetings,may 26, 2016.docx