Re: Lake St. Charles Community Development District - 30 September 2006 Audit

Our File No. 21411.21528

Gentlemen:

Lorelei Bowden, Chairwoman of the Board of Supervisors of the Lake St. Charles
Community Development District (the 'District'), has requested that the undersigned
furnish you with certain information in connection with your examination of the
financial statements of the District as of 30 September 2006, as well as matters during
the period from that date to the date of this response. The undersigned provided
services to the District as its regular legal counsel during the one-year period since the
District's last audit, i.e., from I October 2005 through 30 September 2006, and from
the end of that period until 20 November 2006, at which time the Board of Supervisors
of the District voted to discontinue those services. The information provided herein has
been so limited.

We have made no independent review of any of the District's transactions or
contractual arrangements for the purposes of this response; instead, we have
endeavored to determine from lawyers in our firm who have performed services for the
District during the applicable period whether such services involved the type described
in Ms. Bowden's letter, and we disclaim any undertaking to advise you of changes
which hereinafter may be brought to our attention.

With respect to matters contemplated by clauses (b) or (c) of Paragraph 5 of the
American Bar Association's Statement of Policy, we make no comment as no such
matters have been specifically identified by the District for comment. Subject to the
foregoing, and to the last paragraph of this letter, we advise you that we have not been
engaged to give substantive attention to, or represent the District in connection with
material loss contingencies within the scope of clause (a) of Paragraph 5 of the
Statement of Policy referred to in the above paragraph. More specifically:

II. Judgments. To our knowledge, no judgments had been rendered against the
District as of 30 September 2006, or during the period from that date to 20 November
2006 when the services of this firm were terminated by the Board of Supervisors.

III. Other information. With regard to other information in connection with
pending or threatened litigation, claims, assessments, or other material loss
contingencies known as of 30 September 2006, and from that date through 20
November 2006, the undersigned became aware during the period from 1 October
2006 to 20 November 2006 of a number of potential material issues which may have a
bearing on the outcome of the instant audit of the District.

A. Fiscal controls. On or about 2 October 2006, certain concerns were
raised by Supervisor John Bakas regarding the management practices of the
District and in particular, the adequacy of its internal fiscal controls. He
suggested, among other things, that remarks about the inadequacy of the internal
fiscal controls of the District appearing in the last annual audit of the District
subsequently had not been addressed by the District.

B. Public records. In an effort to investigate his concerns regarding the
fiscal management of the District, on 4 October 2006, Mr. Bakas issued to
District staff a written request for public records of the District pursuant to
Florida Statutes Chapter 119. The requested records encompassed all data files
on the computers in the offices of the District, to wit, "all the document files of
the Microsoft programs including Word, Excel, Publisher, Project, PowerPoint,
Outlook, Access, Office, Notepad; any text files; any PDF files, and any pictures
files." Also requested was a copy of any backup of any of the office computers
of the District and name of the backup program used.

A third problem that became apparent following Mr. Bakas' request
relates to the adequacy of the systems used by the District for archiving and
retrieving electronic forms of public records. District staff appeared flummoxed
by the demand of Mr. Bakas for copies of the District's electronic files to be
provided to him on a CD-ROM or an external hard drive, and it remains unclear
whether District staff had adequate resources for backing up and retrieving on
demand its electronic public records. Without adequate hardware, software, and
trained personnel required to back up regularly its public records and to retrieve
them on demand, and in the absence of established controls and procedures to
protect those records from both inadvertent loss and from intentional tampering
or destruction, the District faces potentially substantial legal exposure.

This response is limited by, and in accordance with, the American Bar Association's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information (December 1975); without limiting the generality of the foregoing, the limitations set forth in such Statement on the scope and use of this response (Paragraphs 2 and 7) are specifically incorporated herein by reference, and any description herein of any "loss contingencies" is qualified in its entirety by Paragraph 5
of the Statement and the accompanying Commentary (which is an integral part of the
Statement). Consistent with the last sentence of Paragraph 6 of the American Bar
Association's Statement of Policy, this will confirm as correct the District's
understanding that whenever, in the course of performing legal services for the District
with respect to a matter recognized to involve an unasserted possible claim or
assessment that may call for financial disclosure, the undersigned has formed a
professional conclusion that the District must disclose or consider disclosure
concerning such possible claim or assessment, the undersigned, as a matter of
professional responsibility to the District, will so advise the District and will consult
with the District concerning the question of such disclosure and the applicable
requirements of Statement of Financial Accounting Standards No.5.
 

Yours sincerely,

cc: Board of Supervisors, Lake St. Charles Community Development District (through Toni Leake, District Manager)

10028 Water Works Lane

Riverview, Florida 33569

Re: Dispute of Bill No. 81013 - $1.,360.00

Lake St. Charles Community Development District

Our File No. 21411.21528

Deat Mr. Santiago:

Sidney W. Kilgore

Attorney at Law

(813) 639-9599

skilgore@penningtonlaw.com

We are in receipt of your letter of 29 June 2007, disputing certain charges included in

the above-referenced statement for professional services from our firm. We believe the

charges in dispute, relating to our communications with Supervisor John Bakas

incident to the provision to the District auditors of accurate information concerning

relevant examination period, to be reasonable and appropriate.

Contrary to the assertions in your letter, these communications with Mr. Bakas were

not outside the scope of the District's directive. By letter dated 22 February 2007,

Lorelei Bowden, Chairwoman of the Board of Supervisors of the Lake St. Charles

Community Development District (the 'District'), requested that the undersigned

furnish certain information to the auditors for the District, Valientd"Iemalldez, P.A" in

connection with their examination of the financial statements of the District as of 30

September 2006, as well as matters during the period from that date to the date of our

response. In accordance with that request, on 30 April 2007, we furnished the auditors

with a letter providing that information.

expended to telephone Mr. Bakas and to take a return telephone call from him

regarding the substance of his prior communications with us concerning certain

2701 North Rocky Point Drive, SIJil:e 900

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TI1lTIpll.. PL 33607

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(ll 13) 639-9599 • (ll 13) fi39-1488 fax

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Rolando J. Santiago

Re: Lake St. Charles Community Development District

11 July 2007

Page 2 of2

practices of the Distl'ict during the relevant period. We took no direction fiom Mr.

Bakas, but only solicited from Mr. Bakas information germane to the fulfillment of our

charge, pursuant to Mrs. Bowden's letter to us of22 February 2007.

Notwithstanding the foregoing, as a courtesy to the District, we will issue a revised

billing statement crediting the District for the .40 hours of time expended by us in

communicating with Mr. Bakas in connection with the preparation of our letter to the

District's auditors. Following the issuance of that revised statement, we anticipate tl1e

cooperation of the District in paying the revised statement without delay .

• 1

Yours Sincerely,

(through Toni Leake, District Manager)

John W. Bakas, Jr.

Violations of the Florida Public Records Law by the Lake S1. Charles Community

Development District

October 20, 2006

The Chairman of the Lake S1. Charles Community Development District, Lorelei

Bowden, CDD Secretary/Treasurer Ginny Gianakos, District Manager Toni Leake, and the District

violated the Florida Public Records Law in the following ways:

1. Lorelei Bowden directed District Manager Toni Leake not to comply with my

e-mail of October 4, 2006 sent at 10:06 a.m. in which I requested copies of public records.

Subsequently, when I made a more formal public records request, Lorelei Bowden again blocked

compliance with the law by placing an agenda item on the board's upcoming meeting that the board

of the Lake S1. Charles Community Development District would first have to approve responding

to public records requests at a board meeting. She wrote: "... such requests will be through our

are contrary to the public records law. Tribune Company v. Cannella, 458 So. 2d 1075 (Fla. 1984),

Michelv. Douglas, 464 So. 2d 545 (Fla. 1985), AGO 96-55, AGO Informal Op. dated December 16,

2003.

2. District Manager Toni Leake failed to respond to or to comply with my public

records requests other than to write an e-mail to me stating that my lie mails since the end of July

prepared under Lorelei Bowden's guidance (although not adopted by the board) demonstrates that

both Lorelei Bowden and District Manager Toni Leake understood that District Manager Toni Leake

was required to comply with the Florida Public Records law:

From District Manager Toni Leake's draft job description:

"Define, implement and maintain a system of public

records for the District, including a concise and

accurate record of the official actions of the Board of

Page 1 of 10

Supervisors and any appointed boards or committees.

These responsibilities include:

o Custody of the District's seal

o Records custodian and records

management liaison with the State of Florida

overseeing the storage of inactive files and

the destruction of obsolete files.

o Maintaining and safeguarding the

minutes of public meetings, resolutions,

contracts and agreements.

o Responding to public records

requests." [This job description is at the end

of the attached Backup Materials.]

3. On Monday, October 16,2006, Secretary/Treasurer Ginny Gianakos threatened

CDD employee Silvia Hilliard with the loss of her job if Silvia Hilliard provided me copies of public

records I had requested from Silvia Hilliard. In addition, at the October 17, 2006 board meeting,

Lorelei Bowden would not let Silvia Hilliard present to the board the actions of Ginny Gianakos that

violated the Florida Public Records on October 16, 2006.

4. By the above actions, the Lake St. Charles Community Development District

violated the Florida Public Records Law.

1. On October 4, 2006, at 10:06 a.m. I sent a request to District Manager Toni Leake and the

Community Development Liaison, Silvia Hilliard, requesting copies of various public records. A

copy of my request is attached as backup material.

2. On October 4,2006, Lorelei Bowden, Chairman ofthe LSC CDD, directed Staffto not honor my

request to obtain information on the operations ofthe CDD. A copy ofthe Chairman's instructions

to Staff is attached as backup material.

3. Later on October 4, 2006, I submitted another e-mail to District Manager Toni Leake and the

Community Development Liaison, Silvia Hilliard, which was a more formal Public Records request

under Chapter 119, Florida Statutes. A copy of my request is attached as backup material. My more

formal public records request included the following requests:

a. A request to inspect public records

b. A request for copies of public records on CD or an

external hard drive I would provide

c. A request for a copy of any computer backup and a

Page 2 of 10

name of the backup program

d. A copy of the audio tape of the October 3, 2006

meeting

4. On October 11,2006, District Manager Toni Leake sent me an e-mail stating that my "e-mails

since the end of July have been offensive and are personal attacks. I am asking you to stop." A copy

of this October 11, 2006 e-mail from the District Manager is attached as backup material.

5. On October 12, 2006, I responded bye-mail to District Manager Toni Leake's October 11,2006

e-mail and stated that her claims are false. In addition, I requested that District Manager Toni Leake

immediately send to Sid Kilgore all e-mails I sent to the CDD's District office since July 25,2006.

A copy of my October 12, 2006 e-mail is attached as backup material.

6. Except for statements District Manager Toni Leake made in the October 17, 2006 board meeting

and District Manager Toni Leake's e-mail stating that my e-mails are offensive, District Manager

Toni Leake did not respond to my public records requests of October 4, 2006.

7. District Manager Toni Leake has not complied with my public records requests of October 4,

2006.

8. On October 13,2006, I requested an agenda item (called the "Request for Public Records Inquiry"

herein) for the October 17, 2006, board meeting as follows:

Request Sid Kilgore, lawyer for the District, to

determine whether the District Manager of the Lake

St. Charles Community Development District violated

the Florida Public Records Law by failing to respond

to or comply with my public records requests of

October 4, 2006.

9. District Manager Toni Leake failed to include my Request for Public Records Inquiry on the

October 17,2006 agenda. I request that District Manager Toni Leake write to me and advise me

whether she decided to omit my agenda item or whether a board member directed her not to include

my agenda item.

10. Subsequently, chairman Lorelei Bowden wrote the following e-mail to District Manager Toni

Leake on October 14, 2006:

Ton, place the following items on the next agenda:

A re-affirmation by the Board LSC staff that staff

work is directed by the LSC Board of Supervisors as

a body, and not through the direction of anyone

Page 3 of 10

Supervisor.

An official recognition that the Board complies with

all Sunshine Law public records requests, and that the

Board's method of managing, directing and ensuring

compliance with such requests will be through our

regular Board meetings, the same way we manage all

other areas of our operations.

thank you.

********************

11. Lorelei Bowden stated that my public records requests would be considered and acted upon by

the board. Placing the condition that public records' requests will first be considered by the board

rather than the custodian, District Manager Toni Leake violated the Florida Public Records law. See

AGOs 96-55:

Section l19.07(1)(a), Florida Statutes, provides in

part that the custodian of a public record

"shall permit the record to be

inspected and examined by any person

desiring to do so, at any reasonable

time, underreasonable conditions, and

under supervision by the custodian of

the public record or the custodian's

designee."

Thus, the statute establishes an individual's right of

access in plain and unequivocal terms. [5] Only those

records that are made confidential or exempt from

disclosure by statute are removed from this legislative

mandate.

This office has stated that a custodian of public

records may not impose a rule or condition of

inspection that operates to restrict or circumvent a

person's right of access.[6] Thus, the "reasonable

conditions" referred to in section 119.07(1 )(a), Florida

Statutes, do not include anything that would hamper

or frustrate, either directly or indirectly, a person's

right of inspection and copying; rather the term refers

Page 4 of 10

to the custodian's duty to ensure that the records are

safely maintained. [7] The legislative scheme of

Chapter 119, Florida Statutes, preempts any local

enactment or policy that purports to impose additional

conditions or restrictions on access to public

records. [8]

The courts have stated that the only delay in

producing records permitted under the Public Records

Law is the reasonable time for the custodian to

retrieve the record and delete those portions of the

record the custodian asserts are confidential or

exempt, if any. [9] A procedure that provides for an

automatic delay in the production of records therefore

is impermissible.[IO]

Accordingly, a procedure whereby access to public

records is delayed until the board of trustees meets to

vote on whether or not to release the records appears

to be contrary to the provisions of Chapter 119,

Florida Statutes. I am, therefore, of the opinion that

the board of trustees of the police pension board may

not delay release of its records until such a time as the

request is submitted to the board for a vote. [footnotes

omitted].

12. Silvia Hilliard, the CDD's Community Development Liaison, also received my public records

requests. She called me immediately and said she would make copies of the public records for me.

She subsequently left on vacation, but on her return again talked with me about providing copies

either on CD or with an external drive I would provide. She provided copies of virtually all of the

requested records on CDs on October 13, 2006. She needed to make a copy of an additional folder

and told me she would do so on October 16, 2006 during her work shift and drop the CD off at my

house when she finished working at 8:00 pm (my house is directly on her way home). At about 8:30

pm on October 16, 2006, when I had not heard from Silvia Hilliard, I called her at the LSC office.

She said that she was meeting with CDD supervisor Ginny Gianakos who is the CDD

secretary/treasurer. At about 9:30 pm, Silvia Hilliard called me and her voice was shaking. She told

me she had the CD, but that supervisor Ginny Gianakos said her job would not be protected if she

gave me the requested records. Silvia Hilliard said she was afraid she would be fired by the board

and that she wanted to leave the CD in her desk. She asked in minded that, and I told her that it was

OK. I felt it was unfair to place a Staff member who was seeking to comply with the Public Records

law in the middle between one board member who requested public records and another who told

the Staff member her job would not be protected if she provided the public records to me.

Page 5 of 10

13. During the day on October 17, 2006, Silvia Hilliard called me and said that she had read

chapter 119 and that she would give me the CD she had made.

14. During the October 17, 2006 board meeting, Lorelei Bowden began addressing my request that

I had made to District Manager Toni Leake for public records even though I had not asked that my

public records request be placed on the agenda. Thus it was clear that the CDD was establishing a

condition to my access to public records of the District.

The agenda for the October 17, 2006 meeting was prepared to make it appear that one of my agenda

items was a request for public records. I never requested such an agenda item be placed under my

name on the October 17, 2006 agenda. A copy of the agenda is attached as backup material.

On the other hand, my Request for Public Records Inquiry was not placed on the agenda. This is

troubling. This is not the first time I have had problems with how District Manager Toni Leake

places my items on the agenda and in getting information about CDD operations from District

Manager Toni Leake. At the October 3, 2006 board meeting, my recollection is that, when I obj ected

to the manner in which District Manager Toni Leake had placed several of my items on the agenda,

Lorelei Bowden stated in substance that my agenda items would be placed on the agendas exactly

as I requested in the future. District Manager Toni Leake did not honor this assurance I received

from the chairman ofthe Lake St. Charles Community Development District at the October 3,2006

meeting.

The stone wall created by District Manager Toni Leake to my requests for information (setting aside

the matter of requesting public records) went so high that she has not provided me with the name of

the backup program I requested in my October 4, 2006, 6:00 p.m. e-mail. This was a simple

information request that still has not been complied with by District Manager Toni Leake.

15. In addition to violations ofthe Florida Public Records Law, there is also evidence indicating

Ginny Gianakos (CDD board Secretary/Treasurer) may have violated the Florida Sunshine Law.

When I spoke to District legal counsel Sid Kilgore about both matters (Public Records and Sunshine

Law) he said that these were "potentially serious legal concerns that I believe should be presented

to the Board as a whole, and which likely will require a fuller evaluation for a recommended course

of action by the Board." A copy of Sid Kilgore's October 14, 2006 e-mail is attached as backup

material at page 10.

By two October 13, 2006 e-mails to District Manager Toni Leake I requested that these matters be

placed on the agenda for the October 17,2006 meeting and that these matters be referred to District

legal counsel Sid Kilgore. My e-mail regarding the public records inquiry is included in the backup

materials at page 9.

During the board meeting on October 17, 2006 I made a motion that the board request Sid Kilgore,

board attorney, to investigate possible sunshine law and public records law violations on the part of

board members and the Staff. The board refused to take up my motion even though the chairman

Page 6 of 10

said that emergency items are placed earlier on the agenda. Board members' and Staffs

noncompliance with the Florida Public Records law and Sunshine Law is of sufficient importance

that it should have been considered near the beginning of the agenda as potentially serious legal

concerns involving the operations of the District.

The board is delaying and avoiding having its legal counsel review these matters. In addition, it

appears that CDD chairman Lorelei Bowden is scouting for new legal counsel based on this phone

message received by the LSC office on October 18, 2006, and reported by Silvia Hilliard:

1. A phone call from 'a Perspective District Council'

(that's how he introduced himself) -- Mr. John

Vericker (spell?). He would like to get a copy ofLSC

CDD budget in order to submit a proposal. He said he

spoke to Lorelei on Oct 17th. He would like you to to

call him back on 813-901-4945.

16. At the October 17, 2006 board meeting I believe District Manager Toni Leake stated that there

are problems with making backups or copies of the public records on Toni Leake's office computer

and that District Manager Toni Leake had called a computer company to see if they could make a

copy of the public records on her computer. I believe District Manager Toni Leake stated the cost

by such outside service would be over $200 to make the copies.

During the October 17, 2006 meeting, Lorelei Bowden said that I or any board member could make

our own copies ofrecords at any time. With regard to records on District Manager Toni Leake's

computer, Lorelei Bowden's suggestion for me to copy is inconsistent with District Manager Toni

Leake's statement that she could not make the copies because of a computer problem. Either we

both should be able to perform the copying functions or neither of us can.

In other words, Lorelei Bowden suggested a solution that District Manager Toni Leake had told the

board she could not perform herself.

But a person making copies of public records is exercising a right under the Public Records law

(Section 119.07(3), Florida Statutes, and this is applicable to making copies by photographic means)

and it was clear that Lorelei Bowden sought to have all public records' requests first approved by

the board. Further, Lorelei Bowden had previously directed staff not to honor any requests (for

public records or anything else) from board members that would take more than 15 minutes:

From Lorelei Bowden's e-mail sent October 4,2006 [attached as part of backup materials]:

Any board member who wishes to task our staff

should bring their request to the CDD board meetings,

and the Board as a whole will decide if that tasking is

a good use of limited staff resource time and help

Page 7 of 10

place the assignment within the existing priority work

list. In some instances, it may be that the Board as a

whole, does agree with an Board member's individual

tasking, but does not wish staff to divert time away

from current priorities. In instances such as these, the

Board may approve contracting with a vendor to

accomplish the tasking. These decisions should be

make by the Board as a whole. This has been our

operations since our inception, their have been many

instance in which one Board member has exceeded

his individual authority to make decisions for the

Board as a whole, and in each of these instances, the

Board has publicly corrected that one Board member

for unilateral action and restated our commitment to

make decisions as a whole. Staff, please know that

you are affirmed, and directed, to not take action

requested by any Board member for time consuming

work. Your tasking comes from the Board, not any

one Board member, and you are instructed as follows:

You are prohibited from stopping the work the Board

has a whole has authorized you to do, to do work

assigned by anyone Board member.

Thus, the suggestion by Lorelei Bowden that I could have e-mailed District Manager Toni Leake

and asked her to stop working on her computer and to give up her computer so that I could try to

make copies of records for 30 minutes would have violated Lorelei Bowden's directive set out above

if! sought to make copies during business hours when District Manager Toni Leake was working.

Further, District Manager Toni Leake has claimed in writing [see her October 11, 200612:17 p.m.

e-mail - not included as part of the backup materials] that she did not receive an e-mail I sent to

her containing an invoice for payment by the board and that she did not receive minutes of the

August 1, 2006 board meeting that had been e-mailed by Silvia Hilliard to District Manager Toni

Leake. Both e-mails were important - payment of an invoice and minutes containing board action

involving District Manager Toni Leake's responsibilities. When the issue arose regarding whether

District Manager Toni Leake knew of the content of e-mails, District Manager Toni Leake said she

did not receive them. Thus, it is prudent to have District Manager Toni Leake, as custodian of the

records, present while I use the computer in her office.

17. I renew my original requests of October 4, 2006 to inspect public records and for District

Manager Toni Leake to provide copies ofthe requested public records, but not with the services of

an outside professional service and I decline the suggestion to make the copies myself because, in

part, District Manager Toni Leake said during the October 17, 2006 meeting that problems with her

Page 8 of 10

computer prevented her from making copies of the public records.

18. I am reluctant to operate the CDD's computer, even with District Manager Toni Leake present,

to make copies if there are problems that have prevented her from making copies. I am concerned

about operating such a computer after hours without her present when District Manager Toni Leake

claims there are problems with the computer.

I request District Manager Toni Leake describe whether any part of the over $200 costs she quoted

in the October 17, 2006 board meeting to have copies made by an outside professional service

involve repairing the computer. I request District Manager Toni Leake describe whether she told

the outside professional service that they would need to repair the computer before they could make

the copies or backup.

19. I request that District Manager Toni Leake describe whether the outside professional service

gave her an estimate of the costs to repair or the rates for repairing the computer when she talked

with them about making copies or a backup.

20. I request District Manager Toni Leake describe how long the District's computer has had the

copying and backup problems she described in the October 17 meeting and what steps have been

taken to repair them. Who has the District talked with? What symptoms were described? I request

that District Manager Toni Leake describe whether the computer has been examined by an outside

professional service to determine what the problems are, and if not, why not. I request District

Manager Toni Leake describe why she has not had the computer problem repaired under the board's

authorization to repair items that are broken.

21. I request that District Manager Toni Leake describe whether it would be appropriate for the

District to repair her CDD office computer so that she can comply with the Florida Public Records

Law, if she claims that a faulty computer is the reason for her violation of the law. Further, CDD

staff member Silvia Hilliard said providing copies ofthe public records on her CDD office computer

(another computer in the CDD's offices at 6801 Colonial Lake Drive, Riverview, FL 33569) was

easy and quick - taking about 30 minutes.

22. District Manager Toni Leake did not communicate with me regarding when I could inspect the

records. No faulty computer justifies this violation of the Florida Public Records law.

23. District Manager Toni Leake has not told me the name of the backup software used by the

District. No faulty computer justifies her failure to honor this simple request for information.

24. I request District Manager Toni Leake describe whether she is making daily backups of the

District's computer. I request District Manager Toni Leake state the last date the CDD's computer

was backed up successfully.

25. District Manager Toni Leake has not provided me with a copy of the audio tape from the

Page 9 of 10

October 3,2006 meeting. No faulty computer justifies this violation of the Florida Public Records

law.

26. Please respond in writing.

Page 10 of 10

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Subject: LSC CDD - Copies

10:05 AM

Date: 10/4/2006 10:06:54 A.M. Eastern Standard Time

From: JBakas

To: candiad@verizon.net, 1scdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, dlbowden@verizon.net, VMuelle 1@tampabay.rr.com,

jsvacak@verizon.net, sphilliard@yahoo.com, tdavis17@tampabay.rr.com,

cindysha02003@yahoo.com

Toni and Silvia:

Please provide me with copies on CDs, or an external hard drive I will provide, of all the data

files on the computers in the CDD offices. By data files I mean all the document files of the

Microsoft programs including Word, Excel, Publisher, Project, PowerPoint, Outlook, Access,

Office, Notepad; any text files; any PDF files, and any pictures files.

Please make a copy of the audio tape of the October 3,2006 meeting for me.

Thank you very much. Let me know if you would like me to provide the external hard drive.

----------------------------------------------------------------------------------

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569-8350

Fax: 813-228-8208

Telephone: 813-677-2599

[Sent 10/4/2006 10:05 AM]

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Subject: last night's vote of confidence for Chair and appeal by committee for more effective

management by BoardEveryEv

Date: 10/4/20065:13:14 P.M. Eastern Standard Time

From: dlbowden@verizon.net

To: DavenSha@tampabay.rr.com, lscoffice@verizon.net, cindysha02003@yahoo.com,

candiad@verizon.net, VMuelle l@tampabay.rr.com, jbakas@aol.com,

lscdistrictoffice@verizon.net

Everyone,

I would like to thank you for the unanimous vote of confidence the Board gave me last night

and also acknowledge the plea by the Board and the Community that certain Board members

work more cooperatively with me as the Chair.

Most painful to me last night, was the opinion, shared by every single person at that meeting

besides Mr. and Mrs. Bakas, that Supervisor Bakas' actions are perceived by all persons present

last night as personal attacks rather than, as he stated, "policy making." I would sincerely

implore Supervisor Bakas' to contemplate the unanimous vote by homeowners on how his

performance is received by our community. The absolute most upsetting element ofMr. Bakas'

obstructionism and filibustering is that 1.) It prevent the Board from doing the essential work our

community expects of us; and 2.) It creates an uncomfortable environment for homeowners, and

discourages homeowner attendance at Board meetings. If anyone questions my assessment of the

situation last night, I would refer them to the tape ofthe meeting. I sincerely ask the remaining

Board members to continue to support me in ending the witch hunt atmosphere and help me

return our Board to productivity and professionalism.

Given the support and appeal I received as Chair last night, it is now my intention to try to find

a way to help return the Board to productivity. For one, I direct staff to recognize that they are

not the employees of anyone Board member or Board member spouse. No one member of the

Board has the right to direct action by the staff, most notably, to direct action by the staffthat

takes time away from the legitimate work the Board has directed the staff to take at our Board

meetings. Currently, job descriptions are being developed for each staff member. Additionally,

staff has knowledge of their existing taskings, given to them by the Board as a body. On behalf

e board, I hereby direct staff to disregard any tasking, work assignments, or orders that come

ction based on the multitude of previous meetings during which this was decided by the

lrd. Time and time again, the Board has stated that no one Board member has the right to

.::ctstaff. We serve as a body and make assignments and determine priorities as a body.

If staff is to take orders from all of us as individuals, our staff will have no ability to complete

e priority assignments that are given to them by the Board proper at our bi-monthly meetings,

Id to maintain their ongoing operational responsibilities. Any board member who wishes to

1sk our staff should bring their request to the CDD board meetings, and the Board as a whole

vill decide if that tasking is a good use of limited staff resource time and help place the

1ssignment within the existing priority work list. In some instances, it may be that the Board as a

whole, does agree with an Board member's individual tasking, but does not wish staff to divert

time away from current priorities. In instances such as these, the Board may approve contracting

with a vendor to accomplish the tasking. These decisions should be make by the Board as a

whole. This has been our operations since our inception, their have been many instance in which

one Board member has exceeded his individual authority to make decisions for the Board as a

whole, and in each of these instances, the Board has publicly corrected that one Board member

for unilateral action and restated our commitment to make decisions as a whole. Staff, please

know that you are affirmed, and directed, to not take action requested by any Board member for

time-consuming work. Your tasking comes from the Board, not anyone Board member, and you

are instructed as follows: You are prohibited from stopping the work the Board has a whole has

authorized you to do, to do work assigned by anyone Board member. I will place this

re-affirmation of Board operations on the next Board agenda.

In other news, as we all know, the Board has not completed our agenda for many Board

meetings. Last night, homeowner Terri Bakas put the suggestion out that from now on, the

agenda should be created exclusively as requests to be placed on the agenda are received. For

example, Ms. Bakas' suggestion would result as follows: if 10 agenda items are received from

Ms. Bakas on the first day that the agenda is being created, her 10 agenda items would be the first

items discussed at the Board meeting. I object to this loss oftotal control of Board meetings

strenuously. I challenge Ms. Bakas to name any Board that creates it's agenda using this method.

The Board ourselves should determine our agenda and prioritize the order of our meeting

discussions. The Board has the responsibility for the outcomes of our work, we have an

obligation to take our Board meetings for the opportunity that they are, to discuss together the

priority projects and operational responsibilities we have. As Mr. Bakas' has said many times,

the Board cannot delegate to any other persons that which is our responsibility. As a Board that

is responsible for the use of considerable funds, we should not delegate control of our meetings,

and selection of all topics that we discuss, to outside parties. Due to the Sunshine law, the only

opportunities we have to do our important work is at our meeting. If is for this reason, we move'

our operational mandates at our meetings, what hope do we have of ensuring effective, efficient

every meeting. This is irresponsible, and I won't, as chair, allow this to continue, without doing

everything I can to protest this, and return us to productive, professional operations and

management.

To that end, I request that we, at our next Board meeting, discuss the management of our

Agendas. Currently, we do not manage our agenda in a way that ensures we meet our operational

mandates. For example, last night our District Manager and our Community Liaison had to rush

in very critical issues at the very end of the meetings, as the meeting was being adjourned and

people were walking out. This prevented any discussion of these issues, the Board heard the

request and voted on each staff request in a matter of rushed minutes.

To insure that the Board has the proper time to address key homeowner and staff action items, I

submit the following template for our agenda:

I. Introduction of Board, Staff and Homeowners: 5 minutes

II. Homeowner-brought issues: 1 - 1.5 hours

A limit of six homeowner-brought issues will be placed on each agenda. Each topic will be

limited to 10-15 minutes. Exceptions to the five-issue limit will be made for emergency,

time-sensitive and staff complaint issues. For ongoing homeowner issues, if the request comes

in, and six issues are already selected for the agenda, the homeowner will have the option to:

place their item on the next Board meeting agenda; and/or wait until the end of the meeting, to

see if time remains to take on their issue during the current meeting.

District Manager: 20 minutes

Property Maintenance staff: 20 minutes

Community Events staff: 20 minutes

IV. Board member Issues: 75 minutes

Each Board member will have 15 minutes to address topics of interest/concern to them. The

order of Board member issues will rotate. If Board members wish to introduce issues that will

take more than 15 minutes, they may:

1.) Request that other Board members give their minutes to them. For example, if Supervisor

Candia had topics that he anticipated would take 30 minutes, and he wanted all issues discussed

in on meeting, Supervisor Bowden could give him her 15 minutes for that meeting.; and/or

2.) Place issues that exceed 15 minutes of discussion on the next agenda; and/or

3.) Request a special meeting be called for the topic of interest to the Supervisor. For

example, if Supervisor Bakas' has extensive staffing issues with a staff member, and he feels that

it will take more than 15 minutes to detail the history of the issues, he may call for a special

meeting to be set to exclusively discuss those issues. To take this example a little further, it is

my current impression that Supervisor Bakas' has extensive issues with our District Manager.

lave heard some of those issues last night. If Supervisor Bakas wishes to take significant

rd time to discuss these issues in a very time-consuming, detail oriented manner, he should

~a summary of this request during his 15 minutes of time at the next Board meeting. The

ird can then determine if this is a topic we wish to devote significant time and attention to. If

Board decides the topic is frivolous, a pointless witch hunt, or a non-productive line of

luiry, the Board can decline to establish a special meeting to explore the topic. If the Board

termines that the topic is worthy of our time and attention, the Board can establish a special

eeting devoted to that topic.

'he above-agenda will take 3 hours and 20 minutes, in the most extreme circumstance, that

,eing we have 6 homeowners who speak for 15 minutes each, all our 3 staff members take all 20

.ninutes of their allocated time and every Board member takes their full 15 minutes. In this

extreme circumstance, we still have 10 minutes for Mark Cooper and/or Ameriscape. I anticipate

that we will be speaking with Mark Cooper on a weekly basis, and for meetings in which we

need updates from him that would take longer than 10 minutes, I would be willing to donate my

15 minutes of time or seek if staff can each donate 5 minutes, to give him additional time.

I believe the above agenda will serve many important needs that the Board has:

1.) it will ensure that the Board maintains the ability to manage our community.

2.) it will ensure that the Board maintains the ability to manage our staff;

3.) it will ensure that our staff has a consistent, and guaranteed, ability to speak with the Board

as a whole, at least twice a month.

4.) it will prevent our meetings from being hi-jacked by people with an axe to grind, or who

wish to impair the ability of the Board to meet our commitments of service.

5.) it will create a less contentious environment. Currently, homeowners who attend our

meeting witness the Board, time and time again, be drawn into arguments, that can go on without

limit. Anyone who wishes to take the floor, and speak on their complaints, holds the entire

Board hostage, sometimes for hours at end. The above agenda ensures that all parties have a

chance to speak, but limits any on parties' ability to take over Board meetings, and prevent us

from doing the work we should.

I look forward to receiving Board input on this proposed agenda. See you in two weeks!

5

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Subject: LSC CDD - Public Records Request

05:59 PM

Date: 10/4/20066:00:10 P.M. Eastern Standard Time

From: JBakas

To: sphilliard@yahoo.com, lscdistrictoffice@verizon.net, LSCOffice@verizon.net

Toni and Silvia:

This is a request pursuant to the Florida Public Records Law, chapter 119, Florida Statutes, to

inspect and copy the public records described in this e-mail.

I wish to inspect and request that you please provide me with copies on CDs, or an external hard

drive I will provide, of all the data files on the computers in the CDD offices. By data files I

mean all the document files of the Microsoft programs including Word, Excel, Publisher, Project,

PowerPoint, Outlook, Access, Office, Notepad; any text files; any PDF files, and any pictures

files.

I wish to inspect and please provide a copy of any backup of any of the LSC CDD office

computers and the name of the backup program by which the backup was taken.

Please make a copy of the audio tape of the October 3,2006 meeting for me.

Pursuant to chapter 119, Florida Statutes, if the nature or volume of public records requested to

be inspected or copied pursuant to this request is such as to require extensive use of information

technology resources or extensive clerical or supervisory assistance by personnel of the district,

or both, I agree to pay in addition to the actual cost of duplication, a special service charge, and

other charges pursuant to chapter 119, Florida Statutes.

Thank you very much. Let me know if you would like me to provide the external hard drive.

I request that you allow the inspections and provide me the copies as soon as possible in

accordance with chapter 119, Florida Statutes.

----------------------------------------------------------------------------------

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569-8350

Fax: 813-228-8208

Telephone: 813-677-2599

JBakas@ao1.com

[Sent 10/4/200605:59 PM]

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Subject: FW: last night's vote of confidence for Chair and appeal by committee for more

effective management by BoardEveryEv

Date: 10/11/2006 12:17:07 P.M. Eastern Standard Time

From: 1scdistrictoffice@verizon.net

Reply To:

To: JBakas@ao1.com

CC: LSCOffice@verizon.net, jsvacak@verizon.net, tdavis17@tampabay.rr.com,

sphilliard@yahoo.com, cindysha02003@yahoo.com, candiad@verizon.net,

DavenSha@tampabay.rr.com, Vmuelle l@tampabay.rr.com, d1bowden@verizon.net,

David.N e1son3@macdill.af.mi1

Dear Supervisor Bakas,

I have asked you on several occasions in person and on the phone to talk about the conflict

between us. You did not respond. I feel that your behavior and conduct towards me at board

meetings and e-mai1s since the end of July have been offensive and are personal attacks. I am

asking you to stop.

Toni Leake, District Manager

Lake St. Charles Community

Development District

6801 Colonial Lake Drive

Riverview, FL 33569

(813) 741-9768

(813) 234-9516 (fax)

7

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Subject: LSC CDD - Job Performance of District Manager

09:02AM

From: JBakas

To: candiad@verizon.net, lscdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, dlbowden@verizon.net, VMuelle l@tampabay.rr.com,

jsvacak@verizon.net, sphilliard@yahoo.com, tdavisI7@tampabay.rr.com,

cindysha02003@yahoo.com, skilgore@penningtonlawfirm.com

Board members do not respond

Toni and Sid:

This e-mail is an initial response to Toni's two e-mails of October 11,2006 sent about 12:17 pm.

Toni, your claims are false. In your e-mails you cite e-mails I sent and request a review by the

CDD's lawyer. I request that you immediately send to Sid Kilgore all e-mails I sent to the CDD's

district office since July 25, 2006.

Toni, I request that you request Sid Kilgore to attend the LSC CDD meeting October 17,2006, at

7:00 pm in the community center.

Sid, I also request that you attend the October 17, 2006 meeting.

----------------------------------------------------------------------------------

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569-8350

Fax: 813-228-8208

Telephone: 813-677-2599

JBakas@ao1.com

[Sent 10/12/200609:02 AM]

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Subject: LSC CDD - Agenda Item - Public Records Inquiry 08:45 PM

From: JBakas

To: candiad@verizon.net, Iscdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, dlbowden@verizon.net, VMuelle l@tampabay.rr.com,

jsvacak@verizon.net, sphilliard@yahoo.com, tdavisI7@tampabay.rr.com,

cindysha02003@yahoo.com, skilgore@penningtonlawfirm.com

LSC CDD Agenda Item - Public Records Inquiry

Toni:

Please place the following on the next agenda:

Request by John Bakas for the board to:

Request Sid Kilgore, lawyer for the district, to determine whether the District Manager of the

Lake St. Charles Community Development District violated the Florida Public Records Law by

failing to respond to or comply with my public records requests of October 4, 2006.

Background Information:

1. I have a growing concern about the management operations of the Lake St. Charles

Community Development District. When I met with the auditors for the LSC CDD in their work

on the last audit, I expressed my concern about the need for improved internal controls. More

recently in my article in the October 2006 LSC CDD newsletter I expressed the need for a

transparent CDD government.

2. On October 4, 2006, I sent a request to the District Manager and the Community Development

Liaison requesting copies of various public records. A copy of my request is attached to this

agenda item as backup material.

3. On October 4,2006, the Chairman of the LSC CDD, I believe, directed Staff to not honor my

request to obtain information on the operations of the CDD. A copy of the Chairman's

instructions to Staff is attached to this agenda item as backup material.

4. Later on October 4, 2006, I submitted another e-mail to the District Manager and the

Community Development Liaison which was a more formal Public Records request under

Chapter 119, Florida Statutes. A copy of my request is attached to this agenda item as backup

material.

5. On October 11, 2006, the District Manager sent me an e-mail stating that my "e-mails since the

end of July have been offensive and are personal attacks. I am asking you to stop." A copy of

this October 11, 2006 e-mail from the District Manager is attached to this agenda item as backup

material.

6. On October 12, 2006, I responded to the District Manager's October 11, 2006 e-mail by an

e-mail stating that the District Manager's claims are false. In addition, I requested that the

District Manager immediately send to Sid Kilgore all e-mails I sent to the CDD's district office

since July 25,2006. A copy of my October 12, 2006 e-mail is attached to this agenda item as

backup material.

7. The District Manager has not responded to my public records requests of October 4, 2006.

8. The District Manager has not complied with my public records requests of October 4, 2006.

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Subject: Re: LSC CDD - Agenda Item - Public Records Inquiry 08:45 PM

Date: 10/14/20068:08:01 A.M. Eastern Standard Time

From: dlbowden@verizon.net

Reply To:

To: lscdistrictoffice@verizon.net

CC: candiad@verizon.net, lscdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, VMuelle l@tampabay.rr.com, jsvacak@verizon.net,

sphilliard@yahoo.com, tdavis 17@tampabay.rr.com, cindysha02003@yahoo.com,

skilgore@penningtonlawfirm.com, JBakas@aol.com

Ton, place the following items on the next agenda:

A re-affirmation by the Board LSC staff that staff work is directed by the LSC Board of

Supervisors as a body, and not through the direction of anyone Supervisor.

An official recognition that the Board complies with all Sunshine Law public records requests, and

that the Board's method of managing, directing and ensuring compliance with such requests will be

through our regular Board meetings, the same way we manage all other areas of our operations.

thank you.

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Subject: 17 October Regular Meeting of the Board of Supervisors

Date: 10/14/20062:15:34 P.M. Eastern Standard Time

From: skilgore@Penningtonlawfirm.com

To: dlbowden@verizon.net, lbowden@hcso.tampa.fl.us

CC: JBakas@aol.com

Lorelei:

Throughout my representation of the Lake St. Charles Community Development District, I have

always made myself reasonably available to any District Supervisor who may have legal questions

or concerns pertaining to the operation of the District or to his or her duties as a public official, and

to the District Administrator. My client, however, remains the District, and not any individual

member of the Board of Supervisors or any member of the District staff.

For this reason, from the beginning of my representation of the District, I have insisted that the

Board designate one member to be my primary contact to provide direction to me in carrying out

my legal responsibilities as District Counsel. The designated primary contact has always been the

Chair of the Board. Therefore, I ultimately look to you for guidance as the authorized

spokesperson for the Board.

In the past, the Board has operated in a fairly cohesive manner, and I have felt comfortable taking

directions from individuals - be they individual Board members or the District Administrator when

they have indicated that specific legal action, including attendance at meetings, has been

approved by the Board or requested by you as the Chair of the Board. I have growing concerns,

however, given the tensions that appear to have developed recently between members of the

Board, between District staff members, and between members of the Board and District staff

members, that the Board's directions are not always being fully and accurately communicated to

me, and that my own communications regarding the legal affairs of the Board are perhaps being

misconstrued, taken out of context, miscommunicated or not communicated at all. This situation

has been exacerbated by the fact that until the 3 October 2006 Board meeting, many months had

gone by in which I was not asked to attend a meeting, so I had no opportunity to communicate

directly with the Board as a whole.

As I discussed with the Board when I interviewed for the position of District Counsel early last

year, one of the most difficult tasks faced by local government attorneys who represent collegial

bodies is to avoid the perception that the attorney is taking sides with one faction or another when

differences of opinion develop between members of that body. Such differences, unfortunately,

can become so highly charged that they become personal in nature. I want you and the other

members of the Board to know that I am committed, as I have always been so, to the interests of

the District and the Board as a whole, and that I will continue to strive to provide the most

objective advice I can to the Board, its individual members, and District staff. Your help in getting

this message across to the Board and staff would be most appreciated.

John Bakas has recently brought to my attention certain potentially serious legal concerns that I

believe should be presented to the Board as a whole, and which likely will require a fuller

evaluation for a recommended course of action by the Board. He has asked that I attend the 17

October 2006 regular meeting of the Board, and I have tentatively reserved that evening on my

calendar so that I may attend; however, I am reticent to do so without your approval as Chair.

Please advise me then, at your earliest opportunity, whether I should attend the meeting, and if so,

please see that I am provided with a copy of the agenda.

Thank you,

Sidney W. Kilgore

District Counsel

Sidney W. Kilgore

Registered Patent Attorney

2701 North Rocky Point Drive

Suite 900

Tampa, Florida 33607

Tel: 813.639.9599

Fax: 813.639.1488

E-mail: skilgore@penningtonlawfirm.com

Web: http://www.penningtonlaw.com/attorney_ detail. cfm? attorney _id=52

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Lake St. Charles Community Development District

Board of Supervisors' Meeting

7:00 p.m., October 17, 2006

Board of Supervisors

Lorelei Bowden, Chairman, 363-0375

John Bakas, Vice Chair, 677-2599

Dave Nelson, Treasurer, 741-9891

Dave Candia, Supervisor, 672-0640

Ginny Gianakos, Supervisor, 293-4728

Office Staff

Toni Leake, District Manager, 741-9768

Silvia Hilliard, Community Development Liaison, 671-8339

Toni-Marie Davis, Clubhouse Admin, 671-8339

Cindy Shao, Admin Support Staff, 671-8339

Steve Svacak, Maintenance Staff, 990-7555

Greg Gianakos, Maintenance Staff, 695-1995

1. Call to Order/ Introduction of Supervisors (5 minutes)

2. FiOS Project - Brian Lantz from Verizon (10 Minutes)

3. Annual Board Report (Chair Bowden)

a. Adoption of New Agenda Format and Process (Lorelei Bowden)

b. Re-affirmation by Board LSC staff that staff work is directed by the LSC

Board of Supervisors as a body.

1. How staff is to respond to direction from supervisors outside of Board

Meetings

2. Board Direction of Staff

c. Official Recognition that the LSC Board complies with all Sunshine Law public

records requests. (Lorelei Bowden)

d. LSC Board of Supervisors Process Implementation and Clarification

1. LSC CDD Business Conduct for staff and supervisors to include who is

1. contact CDD attorney via emai1 or phone and incur legal fees on

behalf of the CDD

2. LSC CDD staff reporting updates - authorization for staff to conduct

operations of Board approved tasks without apprising Board of

detailed status

3. Personnel policies and issues resolution

4. Board and staff conduct during and outside of meetings

c. September 8, 2006

d. September 19,2006

e. October 3, 2006

1. Approval of Board Meeting Schedule for fiscal year 2006 - 2007

2. Clubhouse Rental during Business Hours

1. Facility Rental Alternatives

2. Sound Proofing Alternatives

3. Work From Home Alternatives

3. Approval of August 2006 Treasurer's Report and Disbursement

Authorization Report

4. Approval of September 2006 Treasurer's Report and Disbursement

Authorization Report

1. Halloween Event - T. Davis

3. Staff Hours

4. May Graduation Party rental request from a resident - S. Hilliard

5. Magician Contract- S. Hilliard

6. CDL Incident Report from Sept 30th- S. Hilliard

7. Pilates Class Schedule - S. Hilliard

8. Contracts for Business Expo - S. Hilliard

9. Halloween Event (Children) - Silvia Hilliard

1. Hampton Entrance - M. Cooper

2. Canoe Launch - D. Nelson

3. SWFMD Tree Trimming - T. Leake

4. Remington Irrigation - D. Nelson

5. Villa Walls - T. Leake

1. Review of revised ads and placement in newspaper and Monster1.Com

Exercise Equipment on Trails

Purchase Pressure Washer

Renovate Pool Bathroom

7. John Bakas E-Mails - Board of Supervisors (Continued from Previous Agenda)

a. LSC CDD Lake-side Plant Trimming

b. LSC CDD Agenda Item - Minutes

e. LSC CDD Agenda Item - Attendance/Job Performance

8. New Business

a. Resident Issues

1. Playground Proposal- Christine Robbins (15 Minutes)

b. Supervisor Bakas Agenda Items

1. LSC CDD Agenda Item - Public Records Request

2. LSC CDD Agenda Item - Incident Report re Pepsi machine

3. LSC CDD Agenda Item - Sunshine Law Inquiry

9. Adjourn

Priority 2: Homeowner Access and Identification Proximity Cards for Pool/Tennis Court

Other Priorities:

Heater for Clubhouse Pool

Backboard for Tennis Courts

Playground equipment for younger children and toddlers

Pool

Slide for Pool

Awning for Kiddies Pool

Misting Machine & Fans under Pool Awning

Boat launch (small, non-gasoline powered)

2 Palm Trees in Pool Area (Mark Cooper)

Upgrade Clubhouse Interior

Doggie Park

Major Completed Projects: FY 2005

Refund Bond ($60,000 Annual Savings)Directory Landscaping

Select/Employ On-site Property and Fence around Pool

District Management Staff Lighting around Pool

(S

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Title: District Manager

Mission Statement: To administer the highest standard of service to the Board of Supervisors

regarding the stewardship of the economic well-being of the Community Development District

and to maintain and insure the integrity of the all business proceedings of Lake St. Charles

Community Development District.

Administrative Relationship: Accountable to the Board of Supervisors

Salary: Range of $20.00 - $25.00 per hour; increase contingent on additional duties

Work Hours: As authorized by the Board - up to 40 hours per week

• Fulfill all responsibilities and general duties as designated by Florida Statue 190.008,

including having charge and supervision of the financial works of the District.

• Consult with and advise the Board on matters related to the operation and maintenance of

the District's administration works

• Help develop and implement a Disaster/Recovery Plan for the Lake St. Charles

Community Development District

• Develop and implement all procedures and policies regarding the administration of the

CDD as directed by the Board of Supervisors

• Provide consultation to the board regarding Auditor's field letter to management

• Initiate and implement all changes from the Auditor's field letter to management as

directed by the Board of Supervisors

• Responsible for the coordination of personnel activities

• Provide all services necessary to effectively manage the operation of the District

estimate of all necessary expenditures and an estimate of income

• Administer the adopted budget of the District

• Insure that all public hearings, meeting and workshops are legally and correctly

advertised

• Provide administrative coverage and support for workshops, hearings, projects and other

District interests

• Provide administrative coverage for regular and special meetings of the Board of

Supervisors to include:

o Developing and distributing meeting agenda

o Recording of meeting minutes

o Drafting/updating meeting minutes

o Distributing meeting minutes

o Maintaining public records of meeting minutes

• Work with legal council and public agencies to ensure that the CDD is in compliance

with proper state, county, and local government statues and regulations

• Provide consultation and representation work with pertinent public agencies and private

individuals in connection with the interests of the District. These services shall include:

o Planning

o Scheduling

o Coordination

o Administration

• Prepare, develop and administer RFP's

• Review, assist and aid in the finalization of new contracts as requested by the Chair of

the Board of Supervisors or the Board of Supervisors

• Define, implement and maintain a system of public records for the District, including a

concise and accurate record of the official actions of the Board of Supervisors and any

appointed boards or committees. These responsibilities include:

o Custody of the District's seal

o Records custodian and records management liaison with the State of Florida

overseeing the storage of inactive files and the destruction of obsolete files.

o Maintaining and safeguarding the minutes of public meetings, resolutions,

contracts and agreements.

o Responding to public records requests

• Research any topic pertaining to the economics of the CDD, including past, present and

future purchases of any items or services.

• Complete Weekly Timesheet form daily in sufficient detail to apprise Board of work

activities, project statuses and use of work hours

• Maintain work schedule submitted to the Board and notify Board of any changes

• Define and implement an integrated financial management reporting system to will allow

the District to present fairly and with full disclosure the financial position and results of

financial operations of the funds and account groups in conformity with generally

accepted accounting principals and GASB34

• Determine and demonstrate compliance with finance-related legal and contractual

prOVIsIOns

-------------------------------------~~-

• Provide budget management for the accounting, reporting and control of revenues and

expenditures in accordance with the District needs and in compliance with GASB34

• Prepare and report on a monthly basis a budget versus actual statement

• Ensure the general ledger is in balance and accurate for all District accounts

• Ensure that all general ledger accounts and journal entries are recorded in accordance

with federal, state, and local requirements.

• Ensure the payment of all invoices in accordance with District requirements including

the preparation of reports.

• To provide information in accordance with legal and District management requirements.

o Financial information is reported at any level organizationally or functionally.

o Cash Management. This function allows for daily, weekly, monthly, and yearly

reporting of cash balances by fund.

o Revenue Reporting. This function accounts for all revenues of the District.

o Financial information by organization and project, including revenue sources.

This is shown in an estimate versus actual format.

o Revenues are reported in compliance with the requirements and are recorded at

the appropriate time for cash, full accrual or modified accrual basis of accounting.

o Reconcile all bank statements.

o Review and insure that the capital investment accounts are administered by the

trustee per the bond indenture

o Review time sheets and prepare payroll

o Call or contact vendors as needed

o Make bank deposits

• Special Assessment Financings (Non-Ad Valorem Assessments) Part One

o Assist the District in formulating its financial goals and implementing the

financial strategies required in order to meet those goals.

o Formulate the District's assessment methodology.

o Assist to the District in developing the financing plan for the District's funding of

its infrastructure.

o Recommend the appropriate financial structures for the proposed financings.

o Advise with the terms and features of the bonds, the timing of marketing of bond

Issues .

• Special Assessment Financings (Non-Ad Valorem Assessments) Part Two

o Assist the District in coordinating the financing process.

o Assist Bond Council, Underwriter, and all other professionals in the issuance of

long-term bonds.

o Coordinate the financing process. Assist in the preparation, review, adoption and

execution of the authorizing bond proceedings, including assisting in the

preparation of and review of all resolutions of the District pertaining to the bond

financing.

o Assist Bond Counsel in the validation proceedings for the District's bonds,

including any testimony required in Circuit Court.

• Prepare the Tax Assessment

• Provide to the Property Manager number assignments for all tasks of Board approved

projects and updates to the project after the tasks have been identified and given to the

District Manager

• The CDD acknowledges the fiduciary accountability in exclusively purchasing from preapproved

vendors purchasing policies in the normal course of business. To that end, the

District Manager and Property Manager will work together to have all potential vendors

placed on the LSC approved vendor list before placing orders in the normal course of

business.

• Insure that all purchase orders are made to vendors certified as approved in the normal

course of business.

• Insure that exceptions made to using pre-approved vendors have Board of Supervisor

approval, barring extraordinary curcumstances.

• Insure that all copies of bids, contracts and other documentation, including e-mails

between the Property Manager and vendors that are received from the Property Manager

are maintained as part of the District's public records system

• Distribute to the Property Manager all copies of contracts that are part of the public

records system

• Maintain a warranty file on all warranties received from the Property Manager

• Provide administrative and technical support to Office Manager

• Coordinate overlapping events between District Office and Clubhouse Office

Qualifications: Proficient in the use of Microsoft Word, Excel, Assess, PowerPoint and audio

visual presentations. Have a good knowledge of accounting and budgeting systems. The ability

to communicate, work and supervise individuals. Work closely with the Board of Supervisors

and club house staff. Have knowledge of State requirements for maintaining files and documents

and recordings of the meetings. The ability to do multitasking in a variety of administrative

environments.

For those of you who do not know me, I am a local government lawyer with 32

years of experience and I am very concerned that some board members and the

District Manager violated the law and are trying to cover it up. I am also a CDD

board member.

The LSC CDD lawyer advised the CDD board that I had presented to him

potentially serious legal concerns relating to CDD board member Ginny Gianakos

(CDD Treasurer) and District Manager Toni Leake. At the October 17, 2006, board

meeting, the CDD board refused to consider whether the serious legal concerns

should be reviewed by the lawyer. At the November 21, 2006 board meeting, there

was an item on the agenda asking the board to sanction me for having brought my

concerns to the lawyer. The CDD lawyer said my conduct was proper.

The lawyer for the Lake St. Charles Community Development District (CDD)

advised the CDD board that:

"John Bakas has recently brought to my attention certain potentially serious legal

concerns that I believe should be presented to the Board as a whole, and which

likely will require a fuller evaluation for a recommended course of action by the

Board."

The potentially serious legal concerns related to whether or not Ginny Gianakos had

violated the Sunshine Law (which carries criminal penalties) and whether CDD

District Manager Toni Leake had violated the public records law. In my view, CDD

chairman Lorelei Bowden also violated the Public Records law when she imposed

improper conditions on my access to public records.

At the October 17, 2006, CDD board meeting when I sought to refer the potential

violations of the Sunshine Law and the Public Records law to the CDD lawyer for

review, the CDD board refused to consider the matter.

On the agenda for the November 21, 2006, meeting for the CDD is a "Request for

sanctions against Mr. Bakas for incurring $1,220.00 in legal bills without board

authorization."

When I went to the CDD lawyer with my serious legal concerns, I asked the lawyer

whether it was proper for me to ask him about my concerns. He said that it was. One

reason it is proper is that, when the issue relates to whether key board members and

the District Manager of the CDD violated the law, I have a duty to seek to bring the

board into legal compliance. The CDD board cannot prevent one member from

advising the lawyer for a public body of those serious legal concerns.

I believe that there should be standards for the conduct of our paid professional

CDD board and paid District Manager who oversee a budget of over a million

dollars. The very minimum standard is that they comply with the laws of the state of

Florida. When each board member took office we all swore an oath to uphold and

follow Florida law in everything we do.

Set out below is a list of 24 links summarizing my Sunshine Law and Public

Records Law concerns. Each listed item consists of a brief description summarizing

the content of the link. The link will take you to the documentation of that item.

Each document is numbered and is in chronological order.

People:

Lorelei Bowden is the chairman of the CDD board.

Ginny Gianakos is Treasurer of the CDD board.

Greg Gianakos is Ginny’s husband and Greg is also a CDD maintenance employee.

Toni Leake is the CDD District Manager.

Silvia Hilliard is the CDD Community Development Liaison

*******************************************************************

*******************************************************************

Subject: LSC CDD - Copies

10:05 AM

Date: 10/4/2006 10:06:54 A.M. Eastern Standard Time

From: JBakas

Reply To:

To: candiad@verizon.net, lscdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, dlbowden@verizon.net,

VMuelle1@tampabay.rr.com, jsvacak@verizon.net, sphilliard@yahoo.com,

tdavis17@tampabay.rr.com, cindyshao2003@yahoo.com

Toni and Silvia:

Please provide me with copies on CDs, or an external hard drive I will provide, of

all the data files on the computers in the CDD offices. By data files I mean all the

document files of the Microsoft programs including Word, Excel, Publisher, Project,

PowerPoint, Outlook, Access, Office, Notepad; any text files; any PDF files, and

any pictures files.

Please make a copy of the audio tape of the October 3, 2006 meeting for me.

Thank you very much. Let me know if you would like me to provide the external

hard drive.

=========================================

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569-8350

Fax: 813-228-8208

Telephone: 813-677-2599

JBakas@aol.com

[Sent 10/4/2006 10:05 AM]

=========================================

*******************************************************************

*******************************************************************

Here is the excerpt from Lorelei Bowden’s e-mail:

“For one, I direct staff to recognize that they are not the employees of any one

Board member or Board member spouse. No one member of the Board has the right

to direct action by the staff, most notably, to direct action by the staff that takes time

away from the legitimate work the Board has directed the staff to take at our Board

meetings. Currently, job descriptions are being developed for each staff member.

Additionally, staff has knowledge of their existing taskings, given to them by the

Board as a body. On behalf of the board, I hereby direct staff to disregard any

tasking, work assignments, or orders that come from any one Board member, for

work that will take more than 15 minutes of work. I make this direction based on

the multitude of previous meetings during which this was decided by the Board.

Time and time again, the Board has stated that no one Board member has the right

to direct staff. We serve as a body and make assignments and determine priorities

as a body.”

Subject: last night's vote of confidence for Chair and appeal by committee for more

effective management by BoardEveryEv

Date: 10/4/2006 5:13:14 P.M. Eastern Standard Time

From: dlbowden@verizon.net

Reply To:

To: DavenSha@tampabay.rr.com, lscoffice@verizon.net,

cindyshao2003@yahoo.com, candiad@verizon.net, VMuelle1@tampabay.rr.com,

jbakas@aol.com, lscdistrictoffice@verizon.net

Everyone,

I would like to thank you for the unanimous vote of confidence the Board gave

me last night and also acknowledge the plea by the Board and the Community that

certain Board members work more cooperatively with me as the Chair.

Most painful to me last night, was the opinion, shared by every single person at

that meeting besides Mr. and Mrs. Bakas, that Supervisor Bakas' actions are

perceived by all persons present last night as personal attacks rather than, as he

stated, "policy making." I would sincerely implore Supervisor Bakas' to

contemplate the unanimous vote by homeowners on how his performance is

received by our community. The absolute most upsetting element of Mr. Bakas'

obstructionism and filibustering is that 1.) It prevent the Board from doing the

essential work our community expects of us; and 2.) It creates an uncomfortable

environment for homeowners, and discourages homeowner attendance at Board

meetings. If anyone questions my assessment of the situation last night, I would

refer them to the tape of the meeting. I sincerely ask the remaining Board members

to continue to support me in ending the witch hunt atmosphere and help me return

our Board to productivity and professionalism.

Given the support and appeal I received as Chair last night, it is now my intention

to try to find a way to help return the Board to productivity. For one, I direct staff to

recognize that they are not the employees of any one Board member or Board

member spouse. No one member of the Board has the right to direct action by the

staff, most notably, to direct action by the staff that takes time away from the

legitimate work the Board has directed the staff to take at our Board meetings.

Currently, job descriptions are being developed for each staff member.

Additionally, staff has knowledge of their existing taskings, given to them by the

Board as a body. On behalf of the board, I hereby direct staff to disregard any

tasking, work assignments, or orders that come from any one Board member, for

work that will take more than 15 minutes of work. I make this direction based on

the multitude of previous meetings during which this was decided by the Board.

Time and time again, the Board has stated that no one Board member has the right

to direct staff. We serve as a body and make assignments and determine priorities

as a body.

If staff is to take orders from all of us as individuals, our staff will have no ability

to complete the priority assignments that are given to them by the Board proper at

our bi-monthly meetings, and to maintain their ongoing operational responsibilities.

Any board member who wishes to task our staff should bring their request to the

CDD board meetings, and the Board as a whole will decide if that tasking is a good

use of limited staff resource time and help place the assignment within the existing

priority work list. In some instances, it may be that the Board as a whole, does

agree with an Board member's individual tasking, but does not wish staff to divert

time away from current priorities. In instances such as these, the Board may

approve contracting with a vendor to accomplish the tasking. These decisions

should be make by the Board as a whole. This has been our operations since our

inception, their have been many instance in which one Board member has exceeded

his individual authority to make decisions for the Board as a whole, and in each of

these instances, the Board has publicly corrected that one Board member for

unilateral action and restated our commitment to make decisions as a whole. Staff,

please know that you are affirmed, and directed, to not take action requested by any

Board member for time-consuming work. Your tasking comes from the Board, not

any one Board member, and you are instructed as follows: You are prohibited from

stopping the work the Board has a whole has authorized you to do, to do work

assigned by any one Board member. I will place this re-affirmation of Board

operations on the next Board agenda.

In other news, as we all know, the Board has not completed our agenda for many

Board meetings. Last night, homeowner Terri Bakas put the suggestion out that

from now on, the agenda should be created exclusively as requests to be placed on

the agenda are received. For example, Ms. Bakas' suggestion would result as

follows: if 10 agenda items are received from Ms. Bakas on the first day that the

agenda is being created, her 10 agenda items would be the first items discussed at

the Board meeting. I object to this loss of total control of Board meetings

strenuously. I challenge Ms. Bakas to name any Board that creates it's agenda using

this method. The Board ourselves should determine our agenda and prioritize the

order of our meeting discussions. The Board has the responsibility for the outcomes

of our work, we have an obligation to take our Board meetings for the opportunity

that they are, to discuss together the priority projects and operational responsibilities

we have. As Mr. Bakas' has said many times, the Board cannot delegate to any

other persons that which is our responsibility. As a Board that is responsible for the

use of considerable funds, we should not delegate control of our meetings, and

selection of all topics that we discuss, to outside parties. Due to the Sunshine law,

the only opportunities we have to do our important work is at our meeting. If is for

this reason, we moved from meeting once a month, to twice a month. If we don't

ensure that adequate time is devoted to our operational mandates at our meetings,

what hope do we have of ensuring effective, efficient operations. It is not our

perrogative, in my opinion, to merely discuss personnel issues each and every

meeting. This is irresponsible, and I won't, as chair, allow this to continue, without

doing everything I can to protest this, and return us to productive, professional

operations and management.

To that end, I request that we, at our next Board meeting, discuss the management

of our Agendas. Currently, we do not manage our agenda in a way that ensures we

meet our operational mandates. For example, last night our District Manager and

our Community Liaison had to rush in very critical issues at the very end of the

meetings, as the meeting was being adjourned and people were walking out. This

prevented any discussion of these issues, the Board heard the request and voted on

each staff request in a matter of rushed minutes.

To insure that the Board has the proper time to address key homeowner and staff

action items, I submit the following template for our agenda:

I. Introduction of Board, Staff and Homeowners: 5 minutes

II. Homeowner-brought issues: 1 - 1.5 hours

A limit of six homeowner-brought issues will be placed on each agenda. Each

topic will be limited to 10-15 minutes. Exceptions to the five-issue limit will be

made for emergency, time-sensitive and staff complaint issues. For ongoing

homeowner issues, if the request comes in, and six issues are already selected for the

agenda, the homeowner will have the option to: place their item on the next Board

meeting agenda; and/or wait until the end of the meeting, to see if time remains to

take on their issue during the current meeting.

III. Staff updates: 1 hour

District Manager: 20 minutes

Property Maintenance staff: 20 minutes

Community Events staff: 20 minutes

IV. Board member Issues: 75 minutes

Each Board member will have 15 minutes to address topics of interest/concern

to them. The order of Board member issues will rotate. If Board members wish to

introduce issues that will take more than 15 minutes, they may:

1.) Request that other Board members give their minutes to them. For example,

if Supervisor Candia had topics that he anticipated would take 30 minutes, and he

wanted all issues discussed in on meeting, Supervisor Bowden could give him her

15 minutes for that meeting.; and/or

2.) Place issues that exceed 15 minutes of discussion on the next agenda; and/or

3.) Request a special meeting be called for the topic of interest to the Supervisor.

For example, if Supervisor Bakas' has extensive staffing issues with a staff member,

and he feels that it will take more than 15 minutes to detail the history of the issues,

he may call for a special meeting to be set to exclusively discuss those issues. To

take this example a little further, it is my current impression that Supervisor Bakas'

has extensive issues with our District Manager. We have heard some of those issues

last night. If Supervisor Bakas wishes to take significant Board time to discuss

these issues in a very time-consuming, detail oriented manner, he should give a

summary of this request during his 15 minutes of time at the next Board meeting.

The Board can then determine if this is a topic we wish to devote significant time

and attention to. If the Board decides the topic is frivolous, a pointless witch hunt,

or a non-productive line of inquiry, the Board can decline to establish a special

meeting to explore the topic. If the Board determines that the topic is worthy of our

time and attention, the Board can establish a special meeting devoted to that topic.

The above-agenda will take 3 hours and 20 minutes, in the most extreme

circumstance, that being we have 6 homeowners who speak for 15 minutes each, all

our 3 staff members take all 20 minutes of their allocated time and every Board

member takes their full 15 minutes. In this extreme circumstance, we still have 10

minutes for Mark Cooper and/or Ameriscape. I anticipate that we will be speaking

with Mark Cooper on a weekly basis, and for meetings in which we need updates

from him that would take longer than 10 minutes, I would be willing to donate my

15 minutes of time or seek if staff can each donate 5 minutes, to give him additional

time.

I believe the above agenda will serve many important needs that the Board has:

1.) it will ensure that the Board maintains the ability to manage our community.

2.) it will ensure that the Board maintains the ability to manage our staff;

3.) it will ensure that our staff has a consistent, and guaranteed, ability to speak

with the Board as a whole, at least twice a month.

4.) it will prevent our meetings from being hi-jacked by people with an axe to

grind, or who wish to impair the ability of the Board to meet our commitments of

service.

5.) it will create a less contentious environment. Currently, homeowners who

attend our meeting witness the Board, time and time again, be drawn into

arguments, that can go on without limit. Anyone who wishes to take the floor, and

speak on their complaints, holds the entire Board hostage, sometimes for hours at

end. The above agenda ensures that all parties have a chance to speak, but limits

any on parties' ability to take over Board meetings, and prevent us from doing the

work we should.

I look forward to receiving Board input on this proposed agenda. See you in two

weeks!

*******************************************************************

*******************************************************************

Subject: LSC CDD - Public Records Request

05:59 PM

Date: 10/4/2006 6:00:10 P.M. Eastern Standard Time

From: JBakas

Reply To:

To: sphilliard@yahoo.com, lscdistrictoffice@verizon.net, LSCOffice@verizon.net

Toni and Silvia:

This is a request pursuant to the Florida Public Records Law, chapter 119, Florida

Statutes, to inspect and copy the public records described in this e-mail.

I wish to inspect and request that you please provide me with copies on CDs, or an

external hard drive I will provide, of all the data files on the computers in the CDD

offices. By data files I mean all the document files of the Microsoft programs

including Word, Excel, Publisher, Project, PowerPoint, Outlook, Access, Office,

Notepad; any text files; any PDF files, and any pictures files.

I wish to inspect and please provide a copy of any backup of any of the LSC CDD

office computers and the name of the backup program by which the backup was

taken.

Please make a copy of the audio tape of the October 3, 2006 meeting for me.

Pursuant to chapter 119, Florida Statutes, if the nature or volume of public records

requested to be inspected or copied pursuant to this request is such as to require

extensive use of information technology resources or extensive clerical or

supervisory assistance by personnel of the district, or both, I agree to pay in addition

to the actual cost of duplication, a special service charge, and other charges pursuant

to chapter 119, Florida Statutes.

Thank you very much. Let me know if you would like me to provide the external

hard drive.

I request that you allow the inspections and provide me the copies as soon as

possible in accordance with chapter 119, Florida Statutes.

=========================================

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569-8350

Fax: 813-228-8208

Telephone: 813-677-2599

JBakas@aol.com

[Sent 10/4/2006 05:59 PM]

Subject: RE: Job Description - Community Development Liaison/Other Staff

Positions

Date: 10/4/2006 10:59:28 P.M. Eastern Standard Time

From: vmuelle1@tampabay.rr.com

Reply To:

To: sphilliard@yahoo.com

CC: jbakas@aol.com, dlbowden@verizon.net, davensha@tampabay.rr.com,

candiad@verizon.net, lscdistrictoffice@verizon.net, lscoffice@verizon.net,

jsvacak@verizon.net, greggianakos@tampabay.rr.com, tdavis17@tampabay.rr.com,

lscoffice@verizon.net

Sent from the Internet (Details)

Return-Path: <vmuelle1@tampabay.rr.com>

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Message-Id: <200610050258.k952wkXP028805@ms-smtp-05.tampabay.rr.com>

From: "Ginny" <vmuelle1@tampabay.rr.com>

To: "'Silvia P Hilliard'" <sphilliard@yahoo.com>

Cc: "'John Bakas'" <jbakas@aol.com>, "'Lorelei Bowden'"

<dlbowden@verizon.net>,

"'Dave Nelson'" <davensha@tampabay.rr.com>,

"'Dave Candia'" <candiad@verizon.net>,

"'Toni Leake'" <lscdistrictoffice@verizon.net>,

"'Silvia Hilliard'" <lscoffice@verizon.net>,

"'Steve Svacak'" <jsvacak@verizon.net>,

"'Greg Gianakos'" <greggianakos@tampabay.rr.com>,

<tdavis17@tampabay.rr.com>, <lscoffice@verizon.net>

Subject: RE: Job Description - Community Development Liaison/Other Staff

Positions

Date: Wed, 4 Oct 2006 22:59:10 -0400

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SUPERVISORS PLEASE DO NOT RESPOND- SUNSHINE LAW

Silvia:

I am sorry that I was unable to meet tonight. As I mentioned, I received a call from

my stepfather about a setback my mother had today and needed to take care of that

along with making travel arrangements to get to CT in the next few days. I will

email you or call you when things settle down. In the meantime, thank you for

sending your current position description.

I am attaching a template document that I will use with each staff member to gain

their input in a uniform way. Please review it prior to our call -- that way we can

expedite our discussion so that we minimize the impact on your family’s vacation.

STAFF MEMBERS: Please make a copy of this document for CINDY, STEVE,

TONI MARIE, TONI & GREG since I am not sure if I have everyone’s email.

Thank you,

Ginny

--------------------------------------------------------------------------------

John & Terri Bakas

Comments

Why do you continue to have a website that advertises your real estate and then use

this as a public forum for the CDD? LSC has another "official" website

Lakestcharles.org. This is confusing to the residents and what you say on your

website contradicts what you do at CDD meetings. You stated in your article in the

newsletter that you are for "transparent government" but you use this website

instead of the official one. What's up with that?

Transparent Government- what does that mean?

Comments

Dear Mr. & Mrs. Bakas, I entered a question to you at 1 am and you removed it by

now. You stated that you support "transparent government" in your article in the

LSC newsletter. What do you mean by that? P.O.

Transparent Government- what does that mean?

Comments

Mr. Bakas: What does "transparent government" mean? You mentioned that in your

article... I am wanting to know as a resident. Don't I deserve a response? R. P.O

[No comment was posted on this one]

Transparent

Comments

Re: New Kohl's is open, has anyone shopped there yet?

Comments

I really love the new Kohl's. I'm still waiting for an answer to my question asked

now 4 times. What does Mr. Bakas mean by "transparent government"? II guess it

means you clearly filter whatever you want on this website.

Re: Spa Not Hot

From: CC

Remote Name: 65.35.218.193

Date: October 07, 2006

Time: 08:24 PM

Comments

I spoke to LSC staff today and they called Apollo Pools. They are coming

Monday to check it out.

Clear skies

From: APB

Remote Name: 65.35.218.193

Date: October 07, 2006

Time: 08:49 PM

Comments

Looks like we've had beautiful clear weather here in LSC. I cannot understand why

it is so difficult to get an answer to a simple question from Mr. Bakas.... Please

explain what you mean by "Transparent Government" in your latest article.

Neighborly speaking, I guess it means you filter any postings you don't want to

answer to keep your website CLEAR from anything but your viewpoints, huh?

"Postings must be nice & neighborly and posters must exhibit good manners." It

doesn't seem like you are willing to abide by the rules of your own website. This is

NOT a criticism, I simply have a genuine question and you are unwilling to address

it. WHY? You're becoming more and more transparent... I am beginning to see right

through you and your hidden agenda. Concerned resident

Article 678

Remote Name: 65.35.218.193

Date: October 08, 2006

Time: 12:44 AM

Comments

Thank you Sylvia for your support of the Mom's group in LSC.

Toni Leake- Great job!

Remote Name: 65.35.218.193

Date: October 08, 2006

Time: 12:49 AM

Comments

I would like to congratulate Toni Leake for doing such a fabulous job as the

CDD District Office Manager. I am impressed with your attention to detail

and thorough presentations when I have attended the meetings. We are

fortunate to have you here!

Subject: LSC CDD Agenda Item B Public Records Inquiry 08:45 PM

Date: 10/13/2006 8:46:48 P.M. Eastern Standard Time

From: JBakas

To: candiad@verizon.net, lscdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, dlbowden@verizon.net,

VMuelle1@tampabay.rr.com, jsvacak@verizon.net, sphilliard@yahoo.com,

tdavis17@tampabay.rr.com, cindyshao2003@yahoo.com,

skilgore@penningtonlawfirm.com

LSC CDD Agenda Item B Public Records Inquiry

Toni:

Please place the following on the next agenda:

Request by John Bakas for the board to:

Request Sid Kilgore, lawyer for the district, to determine whether the District

Manager of the Lake St. Charles Community Development District violated the

Florida Public Records Law by failing to respond to or comply with my public

records requests of October 4, 2006.

Background Information:

1. I have a growing concern about the management operations of the Lake St.

Charles Community Development District. When I met with the auditors for the

LSC CDD in their work on the last audit, I expressed my concern about the need for

improved internal controls. More recently in my article in the October 2006 LSC

CDD newsletter I expressed the need for a transparent CDD government.

2. On October 4, 2006, I sent a request to the District Manager and the Community

Development Liaison requesting copies of various public records. A copy of my

request is attached to this agenda item as backup material.

3. On October 4, 2006, the Chairman of the LSC CDD, I believe, directed Staff to

not honor my request to obtain information on the operations of the CDD. A copy

of the Chairman=s instructions to Staff is attached to this agenda item as backup

material.

4. Later on October 4, 2006, I submitted another e mail to the District Manager and

the Community Development Liaison which was a more formal Public Records

request under Chapter 119, Florida Statutes. A copy of my request is attached to this

agenda item as backup material.

5. On October 11, 2006, the District Manager sent me an e mail stating that my Ae

mails since the end of July have been offensive and are personal attacks. I am

asking you to stop.@ A copy of this October 11, 2006 e mail from the District

Manager is attached to this agenda item as backup material.

6. On October 12, 2006, I responded to the District Manager=s October 11, 2006 e

mail by an e mail stating that the District Manager=s claims are false. In addition, I

requested that the District Manager immediately send to Sid Kilgore all e mails I

sent to the CDD=s district office since July 25, 2006. A copy of my October 12,

2006 e mail is attached to this agenda item as backup material.

7. The District Manager has not responded to my public records requests of October

4, 2006.

8. The District Manager has not complied with my public records requests of

October 4, 2006.

**BACKUP MATERIAL **

*******************************************************************

*******************************************************************

**************************************************************

Subject: LSC CDD Copies

10:05 AM

Date: 10/4/2006 10:06:54 A.M. Eastern Standard Time

From: JBakas

To: candiad@verizon.net, lscdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, dlbowden@verizon.net,

VMuelle1@tampabay.rr.com, jsvacak@verizon.net, sphilliard@yahoo.com,

tdavis17@tampabay.rr.com, cindyshao2003@yahoo.com

Toni and Silvia:

Please provide me with copies on CDs, or an external hard drive I will provide, of

all the data files on the computers in the CDD offices. By data files I mean all the

document files of the Microsoft programs including Word, Excel, Publisher, Project,

PowerPoint, Outlook, Access, Office, Notepad; any text files; any PDF files, and

any pictures files.

Please make a copy of the audio tape of the October 3, 2006 meeting for me.

Thank you very much. Let me know if you would like me to provide the external

hard drive.

=========================================

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569 8350

Fax: 813 228 8208

Telephone: 813 677 2599

JBakas@aol.com

[Sent 10/4/2006 10:05 AM]

=========================================

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Subject: last night's vote of confidence for Chair and appeal by committee for more

effective management by BoardEveryEv

Date: 10/4/2006 5:13:14 P.M. Eastern Standard Time

From: dlbowden@verizon.net

To: DavenSha@tampabay.rr.com, lscoffice@verizon.net,

cindyshao2003@yahoo.com, candiad@verizon.net, VMuelle1@tampabay.rr.com,

jbakas@aol.com, lscdistrictoffice@verizon.net

Everyone,

I would like to thank you for the unanimous vote of confidence the Board gave

me last night and also acknowledge the plea by the Board and the Community that

certain Board members work more cooperatively with me as the Chair.

Most painful to me last night, was the opinion, shared by every single person at

that meeting besides Mr. and Mrs. Bakas, that Supervisor Bakas' actions are

perceived by all persons present last night as personal attacks rather than, as he

stated, "policy making." I would sincerely implore Supervisor Bakas' to

contemplate the unanimous vote by homeowners on how his performance is

received by our community. The absolute most upsetting element of Mr. Bakas'

obstructionism and filibustering is that 1.) It prevent the Board from doing the

essential work our community expects of us; and 2.) It creates an uncomfortable

environment for homeowners, and discourages homeowner attendance at Board

meetings. If anyone questions my assessment of the situation last night, I would

refer them to the tape of the meeting. I sincerely ask the remaining Board members

to continue to support me in ending the witch hunt atmosphere and help me return

our Board to productivity and professionalism.

Given the support and appeal I received as Chair last night, it is now my intention

to try to find a way to help return the Board to productivity. For one, I direct staff to

recognize that they are not the employees of any one Board member or Board

member spouse. No one member of the Board has the right to direct action by the

staff, most notably, to direct action by the staff that takes time away from the

legitimate work the Board has directed the staff to take at our Board meetings.

Currently, job descriptions are being developed for each staff member.

Additionally, staff has knowledge of their existing taskings, given to them by the

Board as a body. On behalf of the board, I hereby direct staff to disregard any

tasking, work assignments, or orders that come from any one Board member, for

work that will take more than 15 minutes of work. I make this direction based on

the multitude of previous meetings during which this was decided by the Board.

Time and time again, the Board has stated that no one Board member has the right

to direct staff. We serve as a body and make assignments and determine priorities

as a body.

If staff is to take orders from all of us as individuals, our staff will have no ability

to complete the priority assignments that are given to them by the Board proper at

our bi monthly meetings, and to maintain their ongoing operational responsibilities.

Any board member who wishes to task our staff should bring their request to the

CDD board meetings, and the Board as a whole will decide if that tasking is a good

use of limited staff resource time and help place the assignment within the existing

priority work list. In some instances, it may be that the Board as a whole, does

agree with an Board member's individual tasking, but does not wish staff to divert

time away from current priorities. In instances such as these, the Board may

approve contracting with a vendor to accomplish the tasking. These decisions

should be make by the Board as a whole. This has been our operations since our

inception, their have been many instance in which one Board member has exceeded

his individual authority to make decisions for the Board as a whole, and in each of

these instances, the Board has publicly corrected that one Board member for

unilateral action and restated our commitment to make decisions as a whole. Staff,

please know that you are affirmed, and directed, to not take action requested by any

Board member for time consuming work. Your tasking comes from the Board, not

any one Board member, and you are instructed as follows: You are prohibited from

stopping the work the Board has a whole has authorized you to do, to do work

assigned by any one Board member. I will place this re affirmation of Board

operations on the next Board agenda.

In other news, as we all know, the Board has not completed our agenda for many

Board meetings. Last night, homeowner Terri Bakas put the suggestion out that

from now on, the agenda should be created exclusively as requests to be placed on

the agenda are received. For example, Ms. Bakas' suggestion would result as

follows: if 10 agenda items are received from Ms. Bakas on the first day that the

agenda is being created, her 10 agenda items would be the first items discussed at

the Board meeting. I object to this loss of total control of Board meetings

strenuously. I challenge Ms. Bakas to name any Board that creates it's agenda using

this method. The Board ourselves should determine our agenda and prioritize the

order of our meeting discussions. The Board has the responsibility for the outcomes

of our work, we have an obligation to take our Board meetings for the opportunity

that they are, to discuss together the priority projects and operational responsibilities

we have. As Mr. Bakas' has said many times, the Board cannot delegate to any

other persons that which is our responsibility. As a Board that is responsible for the

use of considerable funds, we should not delegate control of our meetings, and

selection of all topics that we discuss, to outside parties. Due to the Sunshine law,

the only opportunities we have to do our important work is at our meeting. If is for

this reason, we moved from meeting once a month, to twice a month. If we don't

ensure that adequate time is devoted to our operational mandates at our meetings,

what hope do we have of ensuring effective, efficient operations. It is not our

perrogative, in my opinion, to merely discuss personnel issues each and every

meeting. This is irresponsible, and I won't, as chair, allow this to continue, without

doing everything I can to protest this, and return us to productive, professional

operations and management.

To that end, I request that we, at our next Board meeting, discuss the management

of our Agendas. Currently, we do not manage our agenda in a way that ensures we

meet our operational mandates. For example, last night our District Manager and

our Community Liaison had to rush in very critical issues at the very end of the

meetings, as the meeting was being adjourned and people were walking out. This

prevented any discussion of these issues, the Board heard the request and voted on

each staff request in a matter of rushed minutes.

To insure that the Board has the proper time to address key homeowner and staff

action items, I submit the following template for our agenda:

I. Introduction of Board, Staff and Homeowners: 5 minutes

II. Homeowner brought issues: 1 1.5 hours

A limit of six homeowner brought issues will be placed on each agenda. Each

topic will be limited to 10 15 minutes. Exceptions to the five issue limit will be

made for emergency, time sensitive and staff complaint issues. For ongoing

homeowner issues, if the request comes in, and six issues are already selected for the

agenda, the homeowner will have the option to: place their item on the next Board

meeting agenda; and/or wait until the end of the meeting, to see if time remains to

take on their issue during the current meeting.

III. Staff updates: 1 hour

District Manager: 20 minutes

Property Maintenance staff: 20 minutes

Community Events staff: 20 minutes

IV. Board member Issues: 75 minutes

Each Board member will have 15 minutes to address topics of interest/concern

to them. The order of Board member issues will rotate. If Board members wish to

introduce issues that will take more than 15 minutes, they may:

1.) Request that other Board members give their minutes to them. For example,

if Supervisor Candia had topics that he anticipated would take 30 minutes, and he

wanted all issues discussed in on meeting, Supervisor Bowden could give him her

15 minutes for that meeting.; and/or

2.) Place issues that exceed 15 minutes of discussion on the next agenda; and/or

3.) Request a special meeting be called for the topic of interest to the Supervisor.

For example, if Supervisor Bakas' has extensive staffing issues with a staff member,

and he feels that it will take more than 15 minutes to detail the history of the issues,

he may call for a special meeting to be set to exclusively discuss those issues. To

take this example a little further, it is my current impression that Supervisor Bakas'

has extensive issues with our District Manager. We have heard some of those issues

last night. If Supervisor Bakas wishes to take significant Board time to discuss

these issues in a very time consuming, detail oriented manner, he should give a

summary of this request during his 15 minutes of time at the next Board meeting.

The Board can then determine if this is a topic we wish to devote significant time

and attention to. If the Board decides the topic is frivolous, a pointless witch hunt,

or a non productive line of inquiry, the Board can decline to establish a special

meeting to explore the topic. If the Board determines that the topic is worthy of our

time and attention, the Board can establish a special meeting devoted to that topic.

The above agenda will take 3 hours and 20 minutes, in the most extreme

circumstance, that being we have 6 homeowners who speak for 15 minutes each, all

our 3 staff members take all 20 minutes of their allocated time and every Board

member takes their full 15 minutes. In this extreme circumstance, we still have 10

minutes for Mark Cooper and/or Ameriscape. I anticipate that we will be speaking

with Mark Cooper on a weekly basis, and for meetings in which we need updates

from him that would take longer than 10 minutes, I would be willing to donate my

15 minutes of time or seek if staff can each donate 5 minutes, to give him additional

time.

I believe the above agenda will serve many important needs that the Board has:

1.) it will ensure that the Board maintains the ability to manage our community.

2.) it will ensure that the Board maintains the ability to manage our staff;

3.) it will ensure that our staff has a consistent, and guaranteed, ability to speak

with the Board as a whole, at least twice a month.

4.) it will prevent our meetings from being hi jacked by people with an axe to

grind, or who wish to impair the ability of the Board to meet our commitments of

service.

5.) it will create a less contentious environment. Currently, homeowners who

attend our meeting witness the Board, time and time again, be drawn into

arguments, that can go on without limit. Anyone who wishes to take the floor, and

speak on their complaints, holds the entire Board hostage, sometimes for hours at

end. The above agenda ensures that all parties have a chance to speak, but limits

any on parties' ability to take over Board meetings, and prevent us from doing the

work we should.

I look forward to receiving Board input on this proposed agenda. See you in two

weeks!

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Subject: LSC CDD Public Records Request

05:59 PM

Date: 10/4/2006 6:00:10 P.M. Eastern Standard Time

From: JBakas

To: sphilliard@yahoo.com, lscdistrictoffice@verizon.net, LSCOffice@verizon.net

Toni and Silvia:

This is a request pursuant to the Florida Public Records Law, chapter 119, Florida

Statutes, to inspect and copy the public records described in this e mail.

I wish to inspect and request that you please provide me with copies on CDs, or an

external hard drive I will provide, of all the data files on the computers in the CDD

offices. By data files I mean all the document files of the Microsoft programs

including Word, Excel, Publisher, Project, PowerPoint, Outlook, Access, Office,

Notepad; any text files; any PDF files, and any pictures files.

I wish to inspect and please provide a copy of any backup of any of the LSC CDD

office computers and the name of the backup program by which the backup was

taken.

Please make a copy of the audio tape of the October 3, 2006 meeting for me.

Pursuant to chapter 119, Florida Statutes, if the nature or volume of public records

requested to be inspected or copied pursuant to this request is such as to require

extensive use of information technology resources or extensive clerical or

supervisory assistance by personnel of the district, or both, I agree to pay in addition

to the actual cost of duplication, a special service charge, and other charges pursuant

to chapter 119, Florida Statutes.

Thank you very much. Let me know if you would like me to provide the external

hard drive.

I request that you allow the inspections and provide me the copies as soon as

possible in accordance with chapter 119, Florida Statutes.

=========================================

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569 8350

Fax: 813 228 8208

Telephone: 813 677 2599

JBakas@aol.com

[Sent 10/4/2006 05:59 PM]

=========================================

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Subject: FW: last night's vote of confidence for Chair and appeal by committee for

more effective management by BoardEveryEv

Date: 10/11/2006 12:17:07 P.M. Eastern Standard Time

From: lscdistrictoffice@verizon.net

Reply To:

To: JBakas@aol.com

CC: LSCOffice@verizon.net, jsvacak@verizon.net, tdavis17@tampabay.rr.com,

sphilliard@yahoo.com, cindyshao2003@yahoo.com, candiad@verizon.net,

DavenSha@tampabay.rr.com, Vmuelle1@tampabay.rr.com,

dlbowden@verizon.net, David.Nelson3@macdill.af.mil

Dear Supervisor Bakas,

I have asked you on several occasions in person and on the phone to talk about the

conflict between us. You did not respond. I feel that your behavior and conduct

towards me at board meetings and e mails since the end of July have been offensive

and are personal attacks. I am asking you to stop.

Toni Leake, District Manager

Lake St. Charles Community

Development District

6801 Colonial Lake Drive

Riverview, FL 33569

(813) 741 9768

(813) 234 9516 (fax)

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Subject: LSC CDD Job Performance of District Manager

09:02 AM

Date: 10/12/2006 9:02:57 A.M. Eastern Standard Time

From: JBakas

To: candiad@verizon.net, lscdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, dlbowden@verizon.net,

VMuelle1@tampabay.rr.com, jsvacak@verizon.net, sphilliard@yahoo.com,

tdavis17@tampabay.rr.com, cindyshao2003@yahoo.com,

skilgore@penningtonlawfirm.com

Board members do not respond

Toni and Sid:

This e mail is an initial response to Toni=s two e mails of October 11, 2006 sent

about 12:17 pm.

Toni, your claims are false. In your e mails you cite e mails I sent and request a

review by the CDD=s lawyer. I request that you immediately send to Sid Kilgore

all e mails I sent to the CDD=s district office since July 25, 2006.

Toni, I request that you request Sid Kilgore to attend the LSC CDD meeting

October 17, 2006, at 7:00 pm in the community center.

Sid, I also request that you attend the October 17, 2006 meeting.

=========================================

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569 8350

Fax: 813 228 8208

Telephone: 813 677 2599

JBakas@aol.com

[Sent 10/12/2006 09:02 AM]

=========================================

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=========================================

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569 8350

Fax: 813 228 8208

Telephone: 813 677 2599

JBakas@aol.com

[Sent 10/13/2006 08:45 PM]

=========================================

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Subject: LSC CDD Agenda Item Sunshine Law Inquiry 11:59 AM

Date: 10/13/2006 12:00:16 P.M. Eastern Standard Time

From: JBakas

To: candiad@verizon.net, lscdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, dlbowden@verizon.net,

VMuelle1@tampabay.rr.com, jsvacak@verizon.net, sphilliard@yahoo.com,

tdavis17@tampabay.rr.com, cindyshao2003@yahoo.com,

skilgore@penningtonlawfirm.com

LSC CDD Agenda Item Sunshine Law Inquiry

Toni:

Please place the following on the next agenda:

Request by John Bakas for the board to:

1. Request Sid Kilgore, lawyer for the district, to determine whether the message

board posts attached as backup material to this agenda item were posted by CDD

board member Ginny Gianakos or CDD employee Greg Gianakos and if they were

posted by Ginny Gianakos whether such posts may have violated the Florida

Sunshine Law.

Background information for agenda item regarding Sunshine Law.

The IP address of the computer used by board member Ginny Gianakos is the same

IP address of the following message board posts:

Message board posts on the Internet at LakeStCharles.com

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John & Terri Bakas

From: P.O

Remote Name: 65.35.218.193

Date: October 07, 2006

Time: 01:00 AM

Comments

Why do you continue to have a website that advertises your real estate and then use

this as a public forum for the CDD? LSC has another "official" website

Lakestcharles.org. This is confusing to the residents and what you say on your

website contradicts what you do at CDD meetings. You stated in your article in the

newsletter that you are for "transparent government" but you use this website

instead of the official one. What's up with that?

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Transparent Government what does that mean?

From: P.O

Remote Name: 65.35.218.193

Date: October 07, 2006

Time: 09:19 AM

Comments

Dear Mr. & Mrs. Bakas, I entered a question to you at 1 am and you removed it by

now. You stated that you support "transparent government" in your article in the

LSC newsletter. What do you mean by that? P.O.

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***************************************************************

Transparent Government what does that mean?

From: R. P. O

Remote Name: 65.35.218.193

Date: October 07, 2006

Time: 09:21 AM

Comments

Mr. Bakas: What does "transparent government" mean? You mentioned that in your

article... I am wanting to know as a resident. Don't I deserve a response? R. P.O

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***************************************************************

[No comment was posted on the following post]

Transparent

From:

Remote Name: 65.35.218.193

Date: October 07, 2006

Time: 09:22 AM

Comments

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**********

Re: New Kohl's is open, has anyone shopped there yet?

From: C. O.

Remote Name: 65.35.218.193

Date: October 07, 2006

Time: 09:24 AM

Comments

I really love the new Kohl's. I'm still waiting for an answer to my question asked

now 4 times. What does Mr. Bakas mean by "transparent government"? II guess it

means you clearly filter whatever you want on this website.

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**********

Re: Spa Not Hot

From: CC

Remote Name: 65.35.218.193

Date: October 07, 2006

Time: 08:24 PM

Comments

I spoke to LSC staff today and they called Apollo Pools. They are coming Monday

to check it out.

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Clear skies

From: APB

Remote Name: 65.35.218.193

Date: October 07, 2006

Time: 08:49 PM

Comments

Looks like we've had beautiful clear weather here in LSC. I cannot understand why

it is so difficult to get an answer to a simple question from Mr. Bakas.... Please

explain what you mean by "Transparent Government" in your latest article.

Neighborly speaking, I guess it means you filter any postings you don't want to

answer to keep your website CLEAR from anything but your viewpoints, huh?

"Postings must be nice & neighborly and posters must exhibit good manners." It

doesn't seem like you are willing to abide by the rules of your own website. This is

NOT a criticism, I simply have a genuine question and you are unwilling to address

it. WHY? You're becoming more and more transparent... I am beginning to see right

through you and your hidden agenda. Concerned resident

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**********

Article 678

From:

Remote Name: 65.35.218.193

Date: October 08, 2006

Time: 12:44 AM

Comments

Thank you Sylvia for your support of the Mom's group in LSC.

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**********

Toni Leake Great job!

From:

Remote Name: 65.35.218.193

Date: October 08, 2006

Time: 12:49 AM

Comments

I would like to congratulate Toni Leake for doing such a fabulous job as the CDD

District Office Manager. I am impressed with your attention to detail and thorough

presentations when I have attended the meetings. We are fortunate to have you here!

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**********

=========================================

John W. Bakas, Jr.

7218 Colonial Lake Drive

Riverview, FL 33569 8350

Fax: 813 228 8208

Telephone: 813 677 2599

JBakas@aol.com

[Sent 10/13/2006 11:59 AM]

=========================================

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Subject: Re: LSC CDD - Agenda Item – Public Records Inquiry08:45 PM

Date: 10/14/2006 8:08:01 A.M. Eastern Standard Time

From: dlbowden@verizon.net

Reply To:

To: lscdistrictoffice@verizon.net

CC: candiad@verizon.net, lscdistrictoffice@verizon.net, LSCOffice@verizon.net,

DavenSha@tampabay.rr.com, VMuelle1@tampabay.rr.com, jsvacak@verizon.net,

sphilliard@yahoo.com, tdavis17@tampabay.rr.com, cindyshao2003@yahoo.com,

skilgore@penningtonlawfirm.com, JBakas@aol.com

Ton, place the following items on the next agenda:

A re-affirmation by the Board LSC staff that staff work is directed by the LSC

Board of Supervisors as a body, and not through the direction of any one Supervisor.

An official recognition that the Board complies with all Sunshine Law public

records requests, and that the Board's method of managing, directing and ensuring

compliance with such requests will be through our regular Board meetings, the same

way we manage all other areas of our operations.

thank you.

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Here is an extract from the e-mail:

“John Bakas has recently brought to my attention certain potentially serious legal

concerns that I believe should be presented to the Board as a whole, and which

likely will require a fuller evaluation for a recommended course of action by the

Board. He has asked that I attend the 17 October 2006 regular meeting of the

Board, and I have tentatively reserved that evening on my calendar so that I may

attend; however, I am reticent to do so without your approval as Chair. Please

advise me then, at your earliest opportunity, whether I should attend the meeting,

and if so, please see that I am provided with a copy of the agenda.”

Subject: 17 October Regular Meeting of the Board of Supervisors

Date: 10/14/2006 2:15:34 P.M. Eastern Standard Time

From: skilgore@Penningtonlawfirm.com

Reply To:

To: dlbowden@verizon.net, lbowden@hcso.tampa.fl.us

CC: JBakas@aol.com

Lorelei:

Throughout my representation of the Lake St. Charles Community Development

District, I have always made myself reasonably available to any District Supervisor

who may have legal questions or concerns pertaining to the operation of the District

or to his or her duties as a public official, and to the District Administrator. My

client, however, remains the District, and not any individual member of the Board of

Supervisors or any member of the District staff.

For this reason, from the beginning of my representation of the District, I have

insisted that the Board designate one member to be my primary contact to provide

direction to me in carrying out my legal responsibilities as District Counsel. The

designated primary contact has always been the Chair of the Board. Therefore, I

ultimately look to you for guidance as the authorized spokesperson for the Board.

In the past, the Board has operated in a fairly cohesive manner, and I have felt

comfortable taking directions from individuals – be they individual Board members

or the District Administrator – when they have indicated that specific legal action,

including attendance at meetings, has been approved by the Board or requested by

you as the Chair of the Board. I have growing concerns, however, given the

tensions that appear to have developed recently between members of the Board,

between District staff members, and between members of the Board and District

staff members, that the Board’s directions are not always being fully and accurately

communicated to me, and that my own communications regarding the legal affairs

of the Board are perhaps being misconstrued, taken out of context,

miscommunicated or not communicated at all. This situation has been exacerbated

by the fact that until the 3 October 2006 Board meeting, many months had gone by

in which I was not asked to attend a meeting, so I had no opportunity to

communicate directly with the Board as a whole.

As I discussed with the Board when I interviewed for the position of District

Counsel early last year, one of the most difficult tasks faced by local government

attorneys who represent collegial bodies is to avoid the perception that the attorney

is taking sides with one faction or another when differences of opinion develop

between members of that body. Such differences, unfortunately, can become so

highly charged that they become personal in nature. I want you and the other

members of the Board to know that I am committed, as I have always been so, to the

interests of the District and the Board as a whole, and that I will continue to strive to

provide the most objective advice I can to the Board, its individual members, and

District staff. Your help in getting this message across to the Board and staff would

be most appreciated.

John Bakas has recently brought to my attention certain potentially serious legal

concerns that I believe should be presented to the Board as a whole, and which

likely will require a fuller evaluation for a recommended course of action by the

Board. He has asked that I attend the 17 October 2006 regular meeting of the

Board, and I have tentatively reserved that evening on my calendar so that I may

attend; however, I am reticent to do so without your approval as Chair. Please

advise me then, at your earliest opportunity, whether I should attend the meeting,

and if so, please see that I am provided with a copy of the agenda.

Thank you,

Sidney W. Kilgore

District Counsel

Sidney W. Kilgore

Registered Patent Attorney

Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.

2701 North Rocky Point Drive

Suite 900

Tampa, Florida 33607

Tel: 813.639.9599

Fax: 813.639.1488

E-mail: skilgore@penningtonlawfirm.com

Web: http://www.penningtonlaw.com/attorney_detail.cfm?attorney_id=52

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Board of Supervisors

Lorelei Bowden, Chairman, 363-0375

John Bakas, Vice Chair, 677-2599

Dave Nelson, Treasurer, 741-9891

Dave Candia, Supervisor, 672-0640

Ginny Gianakos, Supervisor, 293-4728

Office Staff

Toni Leake, District Manager, 741-9768

Silvia Hilliard, Community Development Liaison, 671-8339

Toni-Marie Davis, Clubhouse Admin, 671-8339

Cindy Shao, Admin Support Staff, 671-8339

Steve Svacak, Maintenance Staff, 990-7555

Greg Gianakos, Maintenance Staff, 695-1995

Board Meetings

who is authorized and under what conditions:

Page 39 8/20/2007

1. contact CDD attorney via email or phone and incur legal

fees on behalf of the CDD

2. LSC CDD staff reporting updates - authorization for staff to

conduct operations of Board approved tasks without

apprising Board of detailed status

3. Personnel policies and issues resolution

4. Board and staff conduct during and outside of meetings

2007

1. Facility Rental Alternatives

2. Sound Proofing Alternatives

3. Work From Home Alternatives

Authorization Report

Disbursement Authorization Report

Page 40 8/20/2007

Monster1.Com

landscaping general

Pool/Tennis Court

Other Priorities:

Heater for Clubhouse Pool

Backboard for Tennis Courts

Playground equipment for younger children and toddlers

Pool

Slide for Pool

Page 41 8/20/2007

Awning for Kiddies Pool

Misting Machine & Fans under Pool Awning

Boat launch (small, non-gasoline powered)

2 Palm Trees in Pool Area (Mark Cooper)

Upgrade Clubhouse Interior

All-shaded Picnic Area (18 votes @ .org)

Doggie Park

Refund Bond ($60,000

Annual Savings)

Select/Employ On-site

Property and District

Management Staff

Directory Landscaping

Fence around Pool

Lighting around Pool

Exercise Equipment on

Trails

Purchase Pressure Washer

Renovate Pool Bathroom

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To: Lorelei Bowden, LSC CDD Chair

David Nelson, LSC CDD Vice-Chair

Virginia Gianakos, LSC CDD Treasurer

John Bakas, LSC CDD Supervisor

David Candia, LSC CDD Supervisor

Toni Leake, LSC CDD District Manager

From: Silvia P. Hilliard, LSC CDD Community Development Liaison

Date: October 19, 2006

Dear Board Members,

These are my notes from the meeting with Supervisor Gianakos on October

3rd, 2006, and on October 16th, 2006, that I mentioned I would send in writing.

These are my

personal records I wrote down after the meetings. The notes are not in

chronological order.

After the meeting on October 3rd 2006, I spoke to Supervisor Gianakos and

a resident from LSC Jamestown on different subjects in front of the Community

Center. One of the subjects was the vote regarding my promotion to an Office

Manager. I did not ask Supervisor Gianakos about her vote, but she proceeded to

speak on this subject. She explained that she did not vote in favor of the motion to

promote me to an Office Manager because I could not work during the day hours

since I am taking care of my small children.

Page 43 of 63

On October 16th, 2006, Supervisor Gianakos stopped by the Community

Center during office hours, approximately around 7:40 PM. This was supposed to

be a meeting to discuss job descriptions.

As for our discussion we soon got off the subject of the meeting (job

descriptions) and spoke about the current situation on the Board. I said I did not

like the situation either, I think not good things are going on; this takes my own

energy and concentration away from important things we do for residents and I do

not like spending my personal time on these issues and taking time away from my

family. I explained what triggered this situation (email to Diane Mills, Baby

Playgroup Coordinator) and how frustrated I was that I was not heard by the Board

at a CDD Meeting regarding the District Manager’s inappropriate and unjustifiable

decisions. Supervisor Gianakos asked me if Supervisor Bakas knew about my

email to Diane Mills and issues the District Manager had with this email. I said

yes, he knew about it. I said, however I did not know about his proposal to promote

me to an Office Manager until I saw Supervisor Bakas’ email to everybody.

Supervisor Gianakos and I discussed Resident Giovannetti’s complaint. I

communicated to Supervisor Gianakos that since we never received an incident

report before the meeting and was not allowed to defend myself, I felt the situation

at the meeting was unfair against me and I felt it was a set-up. Supervisor Gianakos

said that since I had already sent out an email regarding this situation, she did not

feel a need to share a document written by resident Giovannetti with me or other

Board members before the Board meeting. Supervisor Gianakos admitted that the

incident was more directed towards Supervisor Bakas than me and it was due to his

phone response to resident Giovannetti. Supervisor Gianakos asked me if I had

ever requested Supervisor Bakas to write his response and I said I never did. I also

said that at the time of the meeting with Supervisor Gianakos I still had not read it

in its entirety.

Supervisor Gianakos spoke about public records and how she thought the

request from Supervisor Bakas was not valid. Supervisor Gianakos said that a

custodian of the LSC CDD computer files is the entire Board who needs to be

present when records are being copied and therefore Supervisor Bakas’ request for

public records is not in compliance with the Statutes.

While I was meeting with Supervisor Gianakos, Supervisor Bakas called at

8.30 PM to inquire about the status of his request for public records. I answered I

was currently meeting with Supervisor Gianakos. Supervisor Gianakos seemed

Page 44 of 63

disturbed by this phone call and told me that taking directions from one board

member only is not the right thing to do and the request for public records from

Supervisor Bakas therefore is not legitimate. Supervisor Gianakos said at least

twice that she is not giving me directions or telling me what to do and she is just

suggesting that if I follow directions from only one Supervisor and comply with

Supervisor Bakas’ request for public records, “my job may not be protected”.

Supervisor Gianakos asked me if Terri Bakas has ever babysat my children.

I said yes, she did. I also said that Supervisor Bakas was not present when she

babysat them, nor did he speak to me during these babysitting encounters. I said I

spoke to Supervisor Bakas when I officially talked to him about CDD issues as I

speak to any other Supervisor. I mentioned that Supervisor Bakas never told me

anything he would not say to anybody else.

Since I was concerned about the intimidating and threatening nature of the

statements that Supervisor Gianakos made to me to stop me from complying with a

public records request, I reported the Incident to the full CDD Board the following

to the CDD Chair on this subject, the Chair of the Board interrupted me and asked

me to stop this subject, behave like a manager and move on. Supervisor Candia

thought the meeting was supposed to be over at 10:30 PM and did not want to

listen to these statements either. Supervisor Bakas said that the District Manager

was given 20 minutes to discuss her issues and the Chair interrupted me after only

4 minutes of my time.

tape. A court reporter was present at the meeting and recorded the meeting.

Sincerely,

Silvia P. Hilliard

LSC CDD Community Development Liaison

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Page 45 of 63

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Community Development District

The Chairman of the Lake St. Charles Community Development

District, Lorelei Bowden, CDD Secretary/Treasurer Ginny Gianakos, District

Manager Toni Leake, and the District violated the Florida Public Records Law in

the following ways:

1. Lorelei Bowden directed District Manager Toni Leake not to

comply with my e-mail of October 4, 2006 sent at 10:06 a.m. in which I requested

copies of public records. Subsequently, when I made a more formal public records

request, Lorelei Bowden again blocked compliance with the law by placing an

agenda item on the board's upcoming meeting that the board of the Lake St.

Charles Community Development District would first have to approve responding

Page 46 of 63

to public records requests at a board meeting. She wrote: "... such requests will be

through our regular Board meetings, the same way we manage all other areas of

545 (Fla. 1985), AGO 96-55, AGO Informal Op. dated December 16, 2003.

2. District Manager Toni Leake failed to respond to or to comply with

my public records requests other than to write an e-mail to me stating that my "e

mails since the end of July have been offensive and are personal attacks." The job

description for District Manager Toni Leake prepared under Lorelei Bowden's

guidance (although not adopted by the board) demonstrates that both Lorelei

Bowden and District Manager Toni Leake understood that District Manager Toni

Leake was required to comply with the Florida Public Records law:

From District Manager Toni Leake's draft job description:

"Define, implement and maintain a system

of public records for the District, including a

concise and accurate record of the official

actions of the Board of Supervisors and any

appointed boards or committees. These

responsibilities include:

o Custody of the District's seal

o Records custodian and records

management liaison with the State of

Florida overseeing the storage of

inactive files and the destruction of

obsolete files.

o Maintaining and safeguarding

the minutes of public meetings,

resolutions, contracts and

agreements.

o Responding to public records

requests." [This job description is at

the end of the attached Backup

Materials.]

3. On Monday, October 16, 2006, Secretary/Treasurer Ginny Gianakos

threatened CDD employee Silvia Hilliard with the loss of her job if Silvia Hilliard

provided me copies of public records I had requested from Silvia Hilliard. In

addition, at the October 17, 2006 board meeting, Lorelei Bowden would not let

Silvia Hilliard present to the board the actions of Ginny Gianakos that violated the

Florida Public Records on October 16, 2006.

4. By the above actions, the Lake St. Charles Community Development

District violated the Florida Public Records Law.

1. On October 4, 2006, at 10:06 a.m. I sent a request to District Manager Toni Leake

and the Community Development Liaison, Silvia Hilliard, requesting copies of

various public records. A copy of my request is attached as backup material.

2. On October 4, 2006, Lorelei Bowden, Chairman of the LSC CDD, directed Staff

to not honor my request to obtain information on the operations of the CDD. A

copy of the Chairman's instructions to Staff is attached as backup material.

3. Later on October 4, 2006, I submitted another e-mail to District Manager Toni

Leake and the Community Development Liaison, Silvia Hilliard, which was a more

formal Public Records request under Chapter 119, Florida Statutes. A copy of my

request is attached as backup material. My more formal public records request

included the following requests:

a. A request to inspect public records

b. A request for copies of public records on

CD or an external hard drive I would provide

c. A request for a copy of any computer

backup and a name of the backup program

d. A copy of the audio tape of the October 3,

2006 meeting

4. On October 11, 2006, District Manager Toni Leake sent me an e-mail stating that

my "e-mails since the end of July have been offensive and are personal attacks. I

am asking you to stop." A copy of this October 11, 2006 e-mail from the District

Manager is attached as backup material.

5. On October 12, 2006, I responded by e-mail to District Manager Toni Leake's

October 11, 2006 e-mail and stated that her claims are false. In addition, I requested

that District Manager Toni Leake immediately send to Sid Kilgore all e-mails I sent

Page 47 8/20/2007

to the CDD's District office since July 25, 2006. A copy of my October 12, 2006 email

is attached as backup material.

6. Except for statements District Manager Toni Leake made in the October 17, 2006

board meeting and District Manager Toni Leake's e-mail stating that my e-mails are

offensive, District Manager Toni Leake did not respond to my public records

requests of October 4, 2006.

7. District Manager Toni Leake has not complied with my public records requests

of October 4, 2006.

8. On October 13, 2006, I requested an agenda item (called the "Request for Public

Records Inquiry" herein) for the October 17, 2006, board meeting as follows:

Request Sid Kilgore, lawyer for the District,

to determine whether the District Manager of

the Lake St. Charles Community

Development District violated the Florida

Public Records Law by failing to respond to

or comply with my public records requests of

October 4, 2006.

9. District Manager Toni Leake failed to include my Request for Public Records

Inquiry on the October 17, 2006 agenda. I request that District Manager Toni Leake

write to me and advise me whether she decided to omit my agenda item or whether a

board member directed her not to include my agenda item.

10. Subsequently, chairman Lorelei Bowden wrote the following e-mail to District

Manager Toni Leake on October 14, 2006:

Ton, place the following items on the next

agenda:

A re-affirmation by the Board LSC staff that

staff work is directed by the LSC Board of

Supervisors as a body, and not through the

direction of any one Supervisor.

An official recognition that the Board

complies with all Sunshine Law public

records requests, and that the Board's method

of managing, directing and ensuring

Page 48 8/20/2007

compliance with such requests will be

through our regular Board meetings, the same

way we manage all other areas of our

operations.

thank you.

********************

11. Lorelei Bowden stated that my public records requests would be considered and

acted upon by the board. Placing the condition that public records' requests will first

be considered by the board rather than the custodian, District Manager Toni Leake

violated the Florida Public Records law. See AGOs 96-55:

Section 119.07(1)(a), Florida Statutes,

provides in part that the custodian of a public

record

"shall permit the record to be

inspected and examined by any

person desiring to do so, at any

reasonable time, under

reasonable conditions, and under

supervision by the custodian of

the public record or the

custodian's designee."

Thus, the statute establishes an individual's

right of access in plain and unequivocal

terms.[5] Only those records that are made

confidential or exempt from disclosure by

statute are removed from this legislative

mandate.

This office has stated that a custodian of

public records may not impose a rule or

condition of inspection that operates to

restrict or circumvent a person's right of

access.[6] Thus, the "reasonable conditions"

referred to in section 119.07(1)(a), Florida

Statutes, do not include anything that would

hamper or frustrate, either directly or

Page 49 8/20/2007

indirectly, a person's right of inspection and

copying; rather the term refers to the

custodian's duty to ensure that the records are

safely maintained.[7] The legislative scheme

of Chapter 119, Florida Statutes, preempts

any local enactment or policy that purports to

impose additional conditions or restrictions

on access to public records.[8]

The courts have stated that the only delay in

producing records permitted under the Public

Records Law is the reasonable time for the

custodian to retrieve the record and delete

those portions of the record the custodian

asserts are confidential or exempt, if any.[9]

A procedure that provides for an automatic

delay in the production of records therefore is

impermissible.[10]

Accordingly, a procedure whereby access to

public records is delayed until the board of

trustees meets to vote on whether or not to

release the records appears to be contrary to

the provisions of Chapter 119, Florida

Statutes. I am, therefore, of the opinion that

the board of trustees of the police pension

board may not delay release of its records

until such a time as the request is submitted to

the board for a vote. [footnotes omitted].

12. Silvia Hilliard, the CDD's Community Development Liaison, also received my

public records requests. She called me immediately and said she would make copies

of the public records for me. She subsequently left on vacation, but on her return

again talked with me about providing copies either on CD or with an external drive I

would provide. She provided copies of virtually all of the requested records on CDs

on October 13, 2006. She needed to make a copy of an additional folder and told

me she would do so on October 16, 2006 during her work shift and drop the CD off

at my house when she finished working at 8:00 pm (my house is directly on her way

home). At about 8:30 pm on October 16, 2006, when I had not heard from Silvia

Hilliard, I called her at the LSC office. She said that she was meeting with CDD

supervisor Ginny Gianakos who is the CDD secretary/treasurer. At about 9:30 pm,

Silvia Hilliard called me and her voice was shaking. She told me she had the CD,

Page 50 8/20/2007

but that supervisor Ginny Gianakos said her job would not be protected if she gave

me the requested records. Silvia Hilliard said she was afraid she would be fired by

the board and that she wanted to leave the CD in her desk. She asked if I minded

that, and I told her that it was OK. I felt it was unfair to place a Staff member who

was seeking to comply with the Public Records law in the middle between one

board member who requested public records and another who told the Staff member

her job would not be protected if she provided the public records to me.

13. During the day on October 17, 2006, Silvia Hilliard called me and said that she

had read chapter 119 and that she would give me the CD she had made.

14. During the October 17, 2006 board meeting, Lorelei Bowden began addressing

my request that I had made to District Manager Toni Leake for public records even

though I had not asked that my public records request be placed on the agenda.

Thus it was clear that the CDD was establishing a condition to my access to public

records of the District.

The agenda for the October 17, 2006 meeting was prepared to make it appear that

one of my agenda items was a request for public records. I never requested such an

agenda item be placed under my name on the October 17, 2006 agenda. A copy of

the agenda is attached as backup material.

On the other hand, my Request for Public Records Inquiry was not placed on the

agenda. This is troubling. This is not the first time I have had problems with how

District Manager Toni Leake places my items on the agenda and in getting

information about CDD operations from District Manager Toni Leake. At the

October 3, 2006 board meeting, my recollection is that, when I objected to the

manner in which District Manager Toni Leake had placed several of my items on

the agenda, Lorelei Bowden stated in substance that my agenda items would be

placed on the agendas exactly as I requested in the future. District Manager Toni

Leake did not honor this assurance I received from the chairman of the Lake St.

Charles Community Development District at the October 3, 2006 meeting.

The stone wall created by District Manager Toni Leake to my requests for

information (setting aside the matter of requesting public records) went so high that

she has not provided me with the name of the backup program I requested in my

October 4, 2006, 6:00 p.m. e-mail. This was a simple information request that still

has not been complied with by District Manager Toni Leake.

15. In addition to violations of the Florida Public Records Law, there is also

evidence indicating Ginny Gianakos (CDD board Secretary/Treasurer) may have

violated the Florida Sunshine Law. When I spoke to District legal counsel Sid

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Kilgore about both matters (Public Records and Sunshine Law) he said that these

were “potentially serious legal concerns that I believe should be presented to the

Board as a whole, and which likely will require a fuller evaluation for a

recommended course of action by the Board.” A copy of Sid Kilgore’s October 14,

2006 e-mail is attached as backup material at page 10.

By two October 13, 2006 e-mails to District Manager Toni Leake I requested that

these matters be placed on the agenda for the October 17, 2006 meeting and that

these matters be referred to District legal counsel Sid Kilgore. My e-mail regarding

the public records inquiry is included in the backup materials at page 9.

During the board meeting on October 17, 2006 I made a motion that the board

request Sid Kilgore, board attorney, to investigate possible sunshine law and public

records law violations on the part of board members and the Staff. The board

refused to take up my motion even though the chairman said that emergency items

are placed earlier on the agenda. Board members’ and Staff’s noncompliance with

the Florida Public Records law and Sunshine Law is of sufficient importance that it

should have been considered near the beginning of the agenda as potentially serious

legal concerns involving the operations of the District.

The board is delaying and avoiding having its legal counsel review these matters. In

addition, it appears that CDD chairman Lorelei Bowden is scouting for new legal

counsel based on this phone message received by the LSC office on October 18,

2006, and reported by Silvia Hilliard:

1. A phone call from 'a Perspective District

Council' (that's how he introduced himself) --

Mr. John Vericker (spell?). He would like to

get a copy of LSC CDD budget in order to

submit a proposal. He said he spoke to

Lorelei on Oct 17th. He would like you to to

call him back on 813-901-4945.

16. At the October 17, 2006 board meeting I believe District Manager Toni Leake

stated that there are problems with making backups or copies of the public records

on Toni Leake’s office computer and that District Manager Toni Leake had called a

computer company to see if they could make a copy of the public records on her

computer. I believe District Manager Toni Leake stated the cost by such outside

service would be over $200 to make the copies.

During the October 17, 2006 meeting, Lorelei Bowden said that I or any board

member could make our own copies of records at any time. With regard to records

Page 52 8/20/2007

on District Manager Toni Leake’s computer, Lorelei Bowden’s suggestion for me to

copy is inconsistent with District Manager Toni Leake’s statement that she could not

make the copies because of a computer problem. Either we both should be able to

perform the copying functions or neither of us can.

In other words, Lorelei Bowden suggested a solution that District Manager Toni

Leake had told the board she could not perform herself.

But a person making copies of public records is exercising a right under the Public

Records law (Section 119.07(3), Florida Statutes, and this is applicable to making

copies by photographic means) and it was clear that Lorelei Bowden sought to have

all public records’ requests first approved by the board. Further, Lorelei Bowden

had previously directed staff not to honor any requests (for public records or

anything else) from board members that would take more than 15 minutes:

From Lorelei Bowden’s e-mail sent October 4, 2006 [attached as part of backup

materials]:

Any board member who wishes to task our

staff should bring their request to the CDD

board meetings, and the Board as a whole

will decide if that tasking is a good use of

limited staff resource time and help place the

assignment within the existing priority work

list. In some instances, it may be that the

Board as a whole, does agree with an Board

member's individual tasking, but does not

wish staff to divert time away from current

priorities. In instances such as these, the

Board may approve contracting with a vendor

to accomplish the tasking. These decisions

should be make by the Board as a whole.

This has been our operations since our

inception, their have been many instance in

which one Board member has exceeded his

individual authority to make decisions for the

Board as a whole, and in each of these

instances, the Board has publicly corrected

that one Board member for unilateral action

and restated our commitment to make

decisions as a whole. Staff, please know that

you are affirmed, and directed, to not take

Page 53 8/20/2007

action requested by any Board member for

time consuming work. Your tasking comes

from the Board, not any one Board member,

and you are instructed as follows: You are

prohibited from stopping the work the Board

has a whole has authorized you to do, to do

work assigned by any one Board member.

Thus, the suggestion by Lorelei Bowden that I could have e-mailed District

Manager Toni Leake and asked her to stop working on her computer and to give up

her computer so that I could try to make copies of records for 30 minutes would

have violated Lorelei Bowden’s directive set out above if I sought to make copies

during business hours when District Manager Toni Leake was working.

Further, District Manager Toni Leake has claimed in writing [see her October 11,

2006 12:17 p.m. e-mail — not included as part of the backup materials] that she did

not receive an e-mail I sent to her containing an invoice for payment by the board

and that she did not receive minutes of the August 1, 2006 board meeting that had

been e-mailed by Silvia Hilliard to District Manager Toni Leake. Both e-mails were

important — payment of an invoice and minutes containing board action involving

District Manager Toni Leake’s responsibilities. When the issue arose regarding

whether District Manager Toni Leake knew of the content of e-mails, District

Manager Toni Leake said she did not receive them. Thus, it is prudent to have

District Manager Toni Leake, as custodian of the records, present while I use the

computer in her office.

17. I renew my original requests of October 4, 2006 to inspect public records and for

District Manager Toni Leake to provide copies of the requested public records, but

not with the services of an outside professional service and I decline the suggestion

to make the copies myself because, in part, District Manager Toni Leake said during

the October 17, 2006 meeting that problems with her computer prevented her from

making copies of the public records.

18. I am reluctant to operate the CDD's computer, even with District Manager Toni

Leake present, to make copies if there are problems that have prevented her from

making copies. I am concerned about operating such a computer after hours without

her present when District Manager Toni Leake claims there are problems with the

computer.

I request District Manager Toni Leake describe whether any part of the over $200

costs she quoted in the October 17, 2006 board meeting to have copies made by an

Page 54 8/20/2007

outside professional service involve repairing the computer. I request District

Manager Toni Leake describe whether she told the outside professional service that

they would need to repair the computer before they could make the copies or

backup.

19. I request that District Manager Toni Leake describe whether the outside

professional service gave her an estimate of the costs to repair or the rates for

repairing the computer when she talked with them about making copies or a backup.

20. I request District Manager Toni Leake describe how long the District's

computer has had the copying and backup problems she described in the October 17

meeting and what steps have been taken to repair them. Who has the District talked

with? What symptoms were described? I request that District Manager Toni Leake

describe whether the computer has been examined by an outside professional

service to determine what the problems are, and if not, why not. I request District

Manager Toni Leake describe why she has not had the computer problem repaired

under the board’s authorization to repair items that are broken.

21. I request that District Manager Toni Leake describe whether it would be

appropriate for the District to repair her CDD office computer so that she can

comply with the Florida Public Records Law, if she claims that a faulty computer is

the reason for her violation of the law. Further, CDD staff member Silvia Hilliard

said providing copies of the public records on her CDD office computer (another

computer in the CDD’s offices at 6801 Colonial Lake Drive, Riverview, FL 33569)

was easy and quick — taking about 30 minutes.

22. District Manager Toni Leake did not communicate with me regarding when I

could inspect the records. No faulty computer justifies this violation of the Florida

Public Records law.

23. District Manager Toni Leake has not told me the name of the backup software

used by the District. No faulty computer justifies her failure to honor this simple

request for information.

24. I request District Manager Toni Leake describe whether she is making daily

backups of the District’s computer. I request District Manager Toni Leake state the

last date the CDD’s computer was backed up successfully.

25. District Manager Toni Leake has not provided me with a copy of the audio tape

from the October 3, 2006 meeting. No faulty computer justifies this violation of the

Florida Public Records law.

Page 55 8/20/2007

26. Please respond in writing.

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Subject: Public Records Request for Electronic Files Copy

Date: 10/23/2006 11:45:05 A.M. Eastern Standard Time

From: lscdistrictoffice@verizon.net

Reply To:

To: jbakas@aol.com

CC: candiad@verizon.net, DavenSha@tampabay.rr.com,

Vmuelle1@tampabay.rr.com, dlbowden@verizon.net

Dear Supervisor Bakas,

Your October 4, 2006 Public Records Request for an electronic copy “of all the data

files on the computers in the CDD offices. By data files I mean all the document

files of the Microsoft programs including Word, Excel, Publisher, Project,

PowerPoint, Outlook, Access, Office, Notepad; any text files; any PDF files, and

any pictures files” has been processed.

As you know, the cost issues regarding your request have been resolved per the

October 17th meeting when the Board of Supervisors authorized release of these

files at no cost to you. I have the copy of the requested data files to a hard drive

completed, using the Microsoft Office copy command.

On October 18th, you sent an e-mail stating: “Please do not engage an outside

professional service to make copies of the computer records I requested until I have

agreed to such procedure in writing.”

Per the Board’s authorization, I will hold this electronic copy of public records

should you decide you to take receipt.

Sincerely yours,

Toni Leake, District Manager

Lake St. Charles Community

Development District

Page 56 8/20/2007

6801 Colonial Lake Drive

Riverview, FL 33569

(813) 741-9768

(813) 234-9516 (fax)

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Subject: Proposed workshop to review Florida Code of Ethics, Sunshine Law, and

Public Records Act

Date: 11/6/2006 7:00:41 P.M. Eastern Standard Time

From: skilgore@Penningtonlawfirm.com

Reply To:

To: candiad@verizon.net, DavenSha@tampabay.rr.com, dlbowden@verizon.net,

VMuelle1@tampabay.rr.com, JBakas@aol.com

CC: lscdistrictoffice@verizon.net

Dear Board Members:

In my 14 October 2006 e-mail to Lorelei Bowden, copies of which I understand

were distributed to all the members of the Board of Supervisors at or prior to the 21

October 2006 regular meeting of the Board, I stated that “John Bakas has recently

brought to my attention certain potentially serious legal concerns that I believe

should be presented to the Board as a whole, and which will require a fuller

evaluation for a recommended course of action by the Board.” Mr. Bakas’ concerns

involved, among other things, possible violations of Florida Statutes Chapter 119

(the Florida Public Records Law) and Florida Statutes Section 286.011 (Florida’s

Government in the Sunshine Law) by certain members of the Board of Supervisors

and District staff.

While I am confident that every member of the Board of Supervisors and District

staff desires at all times to follow both the spirit and the letter of the law, and has the

best interests of the District and its constituents at heart, it appears to me that not

everyone who currently serves the District, however well intentioned, may fully

appreciate or comprehend many of the specific legal responsibilities with which

public officers and employees are charged. For this reason, I am recommending that

the Board of Supervisors authorize me to conduct a four-hour workshop to the full

Page 57 8/20/2007

Board and all District staff, the purpose of which would be to review three salient

areas of Florida law governing the actions of elected officials and public employees:

1. The Public Records Law (Florida Statutes Chapter 119), including

certain advisory opinions from the Office of the Attorney General and interpretive

case law from the Florida courts;

2. The Sunshine Act (Florida Statutes Section 286.011 and related

provisions), including certain Attorney General Opinions and case law;

3. The Code of Ethics for Public Officers and Employees (Part III, Florida

Statutes Chapter 112), including certain Attorney General Opinions and case law.

I estimate that my preparation time for such a workshop would run between six and

ten hours. I would anticipate making the presentation in Power Point or some

similar format, with handouts to participants. There would be ample opportunity to

entertain specific questions from participants.

I’m sure you all will appreciate the very serious civil and criminal consequences that

may entail violations of these laws. Such consequences include, but are not limited

to, criminal convictions, fines, and imprisonment for individuals, payment of

restitution for benefits received, fines to individuals for non-criminal infractions

(certain civil penalties can be up to $10,000), impeachment, suspension, or removal

of elected officials from office or termination of public employment, public censure

or reprimand, civil liability of a board for attorneys’ fees and costs in any action

brought to enforce or interpret these laws, and the possible invalidation of any

actions taken in violation of them.

Proactive training of the kind I am proposing can provide the District with the very

best means of insulating itself, as well as individual members of the Board of

Supervisors and District staff, from unnecessary civil and criminal legal exposure.

Please consider authorizing me to prepare for and conduct the recommended

workshop at the earliest reasonable opportunity.

Yours sincerely,

Sidney W. Kilgore

District Counsel

Lake St. Charles Community Development District

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Sidney W. Kilgore

Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.

2701 North Rocky Point Drive

Suite 900

Tampa, Florida 33607

Tel: 813.639.9599

Fax: 813.639.1488

E-mail: skilgore@penningtonlawfirm.com

Web: http://www.penningtonlaw.com/attorney_detail.cfm?attorney_id=52

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Board of Supervisors

Lorelei Bowden, Chairman, 363-0375

Dave Nelson, Vice Chair, 677-2599

Ginny Gianakos, Treasurer, 741-9891

Dave Candia, Supervisor, 672-0640

John Bakas, Supervisor, 293-4728

Office Staff

Toni Leake, District Manager, 741-9768

Silvia Hilliard, Community Development Liaison, 671-8339

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Toni-Marie Davis, Clubhouse Admin, 671-8339

Cindy Shao, Admin Support Staff, 671-8339

Steve Svacak, Maintenance Staff, 990-7555

Greg Gianakos, Maintenance Staff, 695-1995

LSC CDD Business Conduct for staff and supervisors to

include who is authorized and under what conditions:

a. contact CDD attorney via email or phone and incur

legal fees on behalf of the CDD

b. Sid Kilgore Invoice for services from 9-16-2006 thru

10-15-2006 for $3,200 including discussion of 6.1

hours Sid Kilgore spent working at the request of

Supervisor Bakas and/or with Supervisor and Mrs.

Bakas.

i. Request for sanctions against Mr. Bakas for

incurring $1,220.00 in legal bills without board

authorization.

c. Motion to Investigate Alternative Legal

Representation

i. Review of Public Sunshine Law Documents

provided to Supervisors

position

-Affirm staff authorization to expend $300 dollars to complete

the canoe/launch

-Request approval for Interlock Electric to complete the electric

at the Remington Project

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-Request of up to $150 to replace a dead tree at the Remington

Entrance in the common area on the left. It should be at least of

comparable size.

Hilliard

permission to start researching new options – S. Hilliard

executive Committee of the Board.

and the complaint of a resident (Juan Giovannetti) against Silvia

Hilliard, investigated by the Executive Committee and to followup

with recommendations to the Board.

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landscaping general

Pool/Tennis Court

Other Priorities:

Heater for Clubhouse Pool

Backboard for Tennis Courts

Playground equipment for younger children and toddlers

Pool

Slide for Pool

Awning for Kiddies Pool

Misting Machine & Fans under Pool Awning

Boat launch (small, non-gasoline powered)

2 Palm Trees in Pool Area (Mark Cooper)

Upgrade Clubhouse Interior

All-shaded Picnic Area (18 votes @ .org)

Doggie Park

Refund Bond ($60,000

Annual Savings)

Select/Employ On-site

Property and District

Management Staff

Directory Landscaping

Fence around Pool

Lighting around Pool

Exercise Equipment on

Trails

Purchase Pressure Washer

Renovate Pool Bathroom

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1) The agenda to align with the Roberts Rules of Order agenda.

2) All discussion except for the open homeowners and the

supervisors’ open discussion take place under motions.

3) A motion has to be seconded twice to be discussed.

4) All supervisors may speak twice under any motion with a

maximum of ten minutes each time, or a total of twenty

minutes.

5) The Chair recognizes the speakers. (This is current practice)

6) All remarks must be addressed to the Chair

7) The Board recognizes its right to use Roberts Objections to

Consideration. The purpose of Roberts Rule Objection to

Consideration is to prevent an assembly from considering a

question motion that is viewed as irrelevant, unprofitable or

contentious. If a board member begin a discussion that is

argumentative, or no one wants to talk about it, a board member

can object by saying, “I object to consideration.” If 4/5 of the

Board votes in favor in support of the object to consideration,

the Board will not address the topic.

8) Resident Issues will be addressed for one hour per meeting,

with a maximum of ten minutes allotted to each resident.

Lake St. Charles Community Development District

(813) 741-9768 District Office · (813) 234-9516Fax

www.lakestcharles.org

February 22, 2007

Pennington, Moore, Wilkinson, Bell & Dunbar, P.A.

Attn: Sid Kilgore

Post Office 10095

Tallahassee, FL 32303-2095

Our auditors, ValienteHernandez P.A., are conducting an audit of our financial statements. Please furnish

to them the information requested below involving matters as to which you have been engaged and to

which you have devoted substantive attention on behalf of Lake St. Charles Community Development

District in the form of legal consultation or representation.

Please furnish our auditors a description of all material pending or threatened litigation, claims, and

assessments (excluding unasserted claims and assessments). Materiality for purposes of this letter

includes items involving amounts exceeding $5,000 individually or in the aggregate. The description of

each case should include:

1. the nature of the litigation;

2. the progress of the case to date;

3. how management of Lake St. Charles Community Development District is responding or intends

to respond to the litigation; e.g., to contest the case vigorously or to seek an out-of-court

settlement; and

4. an evaluation of the likelihood of an unfavorable outcome and an estimate, if one can be made, of

the amount or range of potential loss.

Also, please identify any pending or threatened litigation, claims, and assessments with respect to which

you have been engaged but as to which you have not devoted substantive attention.

We understand that, whenever, in the course of performing legal services for us with respect to a matter

recognized to involve an unasserted possible claim or assessment that may call for financial statement

disclosure, if you have formed a professional conclusion that we should disclose or consider disclosure

concerning such possible claim or assessment, as a matter of professional responsibility to us, you will so

advise us and will consult with us concerning the question of such disclosure and the applicable

requirements of Statement of Financial Accounting Standards No. 5 (excerpts of which can be found in

the ABA’s Auditor’s Letter Handbook). Please specifically confirm to our auditors that our understanding

is correct.

We have represented to our auditors that there are no unasserted possible claims or assessments that you

have advised us are probable of assertion and must be disclosed in accordance with Statement of

Financial Accounting Standards No. 5.

Your response should include matters that existed as of September 30, 2006, and during the period from

that date to the effective date of your response. Please specify the date of your response if it is other than

the date of reply.

Please specifically identify the nature of, and reasons for, any limitations on your response.

Please send your reply to ValienteHernandez P.A., Suite 950, 1715 N.Westshore Blvd, Tampa, FL 33607.

Please also indicate the amount we were indebted to you for services and expenses (billed and unbilled)

on September 30, 2006.

Very truly yours,

Lorelei Bowden, Chair of the Board

Lake St. Charles Community Development District