Martin County

File #: 22-0928   
Type: Consent Status: Passed
In control: Board of County Commissioners
On agenda: 6/7/2022 Final action: 6/7/2022
Title: REQUEST APPROVAL OF A COUNTY DEED CONVEYING A 25% INTEREST IN A COUNTY OWNED PARCEL LOCATED WITHIN THE PAL MAR WATER CONTROL DISTRICT (PMWCD) TO SATISFY LEGAL REQUIREMENTS TO SERVE ON THEIR BOARD OF SUPERVISORS
Attachments: 1. County Deed_PMWCD_George Stokus_05262022.pdf

PLACEMENT: Consent

TITLE:

title  

REQUEST APPROVAL OF A COUNTY DEED CONVEYING A 25% INTEREST IN A COUNTY OWNED PARCEL LOCATED WITHIN THE PAL MAR WATER CONTROL DISTRICT (PMWCD) TO SATISFY LEGAL REQUIREMENTS TO SERVE ON THEIR BOARD OF SUPERVISORS

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EXECUTIVE SUMMARY:

executive summary

This is a request for the approval of a County Deed conveying a 25% interest in a parcel of County property located within the PMWCD to satisfy legal requirements to serve on the PMWCD Board of Supervisors.

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DEPARTMENT: County Attorney                     

PREPARED BY:                      Name: Sarah W. Woods                     

                     Title:                     County Attorney                     

REQUESTED BY:                                                

 

PRESET:     

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1.                     Agreement/Contract drafted by:                     Martin County

 

2.                     Parties to the Agreement/Contract:                     Martin County, Grantor

                     George M. Stokus, Grantee

 

3.                     Purpose of the Agreement/Contract:                     To satisfy the requirement of Section 298.11(1),

                     Fla. Stat. so that Grantee will be eligible to be a member

                     of the Board of Supervisors.

 

4.                     New/Renewal/Modification:                     New

 

5.                     Duration:                     Permanent

 

6.                     Benefits to Martin County:                     Represent the interests of Martin County as a landowner

                                          on the PMWCD Board of Supervisors.

 

7.                     Cost to Martin County:                     None

 

The annual shareholder meeting for PMWCD is scheduled for June 27, 2022. PMWCD is governed by a Board of Supervisors which is comprised of three elected property owners (who also must be residents of either Martin or Palm Beach County) and one Palm Beach County Commissioner or an appointed Palm Beach County landowner within PMWCD, and one Martin County Commissioner or an appointed Martin County landowner within PMWCD. In the past, a South Florida Water Management District (SFWMD) employee who was deeded one of SFWMD’s parcels in PMWCD was elected to one of the property owner’s board seats based upon the ownership votes of parcels within PMWCD by Martin County, SFWMD and Palm Beach County.  SFWMD no longer has such a designated employee and currently would be ineligible to vote at the landowner meeting. County staff believes additional representation on the PMWCD is in the best interests of the citizens of Martin County.

 

The County Attorney has drafted a deed conveying a 25% interest in one of the County owned parcels to Assistant County Administrator George Stokus.  The deed makes clear the conveyance is made solely for the County obtaining representation on the PMWCD Board of Supervisors and provides for the automatic reverter of such interest if he fails to win election to the PMWCD Board of Supervisors, no longer serves on the Board of Supervisors or is no longer a County employee.

 

ISSUES:

 

None

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board approve the proposed County Deed.

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and provide staff with further direction.

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other:   County Deed

This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.