LAKE ST. CHARLES COMMUNITY DEVELOPMENT DISTRICT

May 28, 2003

 MINUTES OF MEETING

PREPARED MINUTES NOT YET APPROVED

A meeting of the Board of Supervisors for Lake St. Charles Community Development District was held on Wednesday, May 28, 2003 at 5:30 p.m. at the Lake St. Charles Clubhouse, located at 6801 Colonial Lake Drive, Riverview, Hillsborough County, Florida, 33569.

FIRST ORDER OF BUSINESS

Call to Order

Mr. Staszko called the meeting to order.  He stated that the regular meeting scheduled for Monday, May 19, 2003 at 3:00 p.m. was cancelled due to a lack of Board members in attendance necessary to constitute a quorum.   He stated that this meeting was scheduled (and publicly noticed) to cover the business from the May 19^th meeting.  

Present and constituting a quorum were:

Art Dowd:  Board Supervisor, Vice Chairman

Rich Little: Board Supervisor, Assistant Secretary

Rhonda Ort: Board Supervisor, Assistant Secretary

Ray Rush:  Board Supervisor, Assistant Secretary

Also present were:

Nicholas Staszko:  District Manager, Rizzetta & Company

Biff Craine:  District Counsel, Bricklemyer, Smolker & Bolves

Homeowners

SECOND ORDER OF BUSINESS

Consideration of Minutes of the Board of Supervisors’ Meeting on April 21, 2003 

Mr. Staszko stated that the first item on the agenda is the consideration of the minutes of the Board of Supervisors’ meeting on April 21, 2003 (behind tab 1). Mr. Staszko asked if there were any additions, deletions or corrections to the minutes.  Hearing and seeing none, he asked for a motion to approve the minutes.  

On a Motion by Mr. Little, seconded by Mr. Dowd, with all in favor, the Board of Supervisors approved the minutes of the Board of Supervisors’ meeting on April 21, 2003 for Lake St. Charles Community Development District.

THIRD ORDER OF BUSINESS

Audience Forum 

Mr. Staszko stated that, based on the recommendation of District Counsel, the audience will be given the opportunity to provide comments regarding any agenda related items or non-agenda related items.  He stated that, for the purpose of time, audience members should restrict their comments to three minutes.  He asked the Vice Chairman if he wished to accept audience comments at this time.  Mr. Dowd opened the floor to the audience comments.

Mr. John Bakas (7218 Colonial Lake Drive) stated that the budget process would be more helpful to residents if there was more comparative information available.  As presented, it is hard to determine the actual expenditures of the current year.  He stated that he would also like to know the items included in the various categories.  Mr. Bakas voiced his concern that the Board eliminated the security services.  He feels that it would be helpful to include information regarding the overall effect of this cancellation.  He also wanted to know if the addition of clubhouse furnishings was being considered as a possible means to increase clubhouse rental revenue. Mr. Bakas applauded the Board for sending out the playground survey, but he thought that the survey was too detailed and it may have been more effective if residents were asked to identify their own community concerns and not just address the playground.  This may have given the Board a better understanding of what the community is concerned with.  

Ms. Cynthia Brannon (resident) stated that the cleanup of the large drainage ditch (running along the community) does not seem to be addressed in the current budget.  Mr. Dowd stated that he, as well as the District Manager, has made numerous phone calls in an attempt to clear up this issue.  Mr. Staszko stated that the drainage area in question is actually under the jurisdiction of Hillsborough County.  Based on communication he has had with Hillsborough County, he anticipates that this issue will be addressed by June, but he has no guarantee of this timeframe.  Mr. Staszko stated that Staff will continue to monitor this issue and follow-up with the County.  Mr. Dowd recommended that residents also contact the EPC (Debbie Sinko) and Hillsborough County to report this issue.

Mr. Alex Agullar (7258 Bucksford) stated that he is concerned with the increase of vandalism that may occur over the summer.  He asked if a security plan has been considered to help deter this type of activity.  Mr. Staszko stated that there are no funds in the budget to provide for any kind of patrol or hiring of off-duty officers.  There are, however, funds allocated for the hiring of additional monitoring staff for the swimming pool facilities.  Mr. Agullar asked if the budget anticipates the cost of repairing vandalized facilities.  Mr. Staszko stated that security services were terminated based on the Board’s decision.  He further stated that it would be up to the Board to decide if funding should be added back into next year’s budget for these types of services.  

Ms. Cathy Evans (6807 Bishops Point) stated that she emailed the management office regarding late night pool activity, yet this activity continues to occur.  She wanted to know what is going to be done to correct this problem.  Mr. Little asked if the Sheriff’s office has been contacted.  Ms. Adams stated that she did not contact them, but is unaware of anything that was done.  Mr. Little stated that contacting law enforcement is the first thing that should be done to address this issue.  Mr. Staszko stated that a resident of the community is employed by the District and inspects the facilities at odd hours.  This particular employee has been instrumental in identifying these types of issues and handling them.  If he encounters a situation beyond his control, he simply contacts the Sheriff.  Mr. Staszko stated that the pool closes at 10:00 p.m. and activity is not authorized after that time.

Mr. Todd Gesling (6946 Potomac Circle) asked if the trespassing issue with the Sheriff’s department has been rectified.  Mr. Staszko stated that the documentation was filed incorrectly by the Sheriff’s office, but has since been corrected.

Mr. Steve Olsen (10053 Remington Drive) stated that there is an area behind the model home (10051 Remington Drive) that seems to continually flood.  He wanted to know if this was the District’s responsibility.  Mr. Staszko stated that he will research this issue.  Mr. Olsen also asked where he should report street light outages.  Mr. Dowd stated that these outages should be reported directly to Tampa Electric.  Mr. Little stated that the residents should jot down the pole number before they call in the outage to TECO.  This not only expedites the process but ensures that a repair ticket is opened.  Mr. Olsen also wanted to know who repairs the broken sprinkler heads.  Mr. Staszko stated that the District Office should be contacted to report these problems.  Mr. Olsen asked if the current sprinkler system has rain gauges to prevent excess water usage.  Ms. Ort stated that the sprinkler system is well water.  

Mr. Dave Kinn (7525 Colonial Lake Drive) stated that there is an awning near the rear of the clubhouse/pool that needs repaired or replaced.  He also asked if a proposal can be sent out to make Lake St. Charles a gated community.  Ms. Ort stated that she has conferred with District Counsel who has informed her that the District’s roadways are public and, as such, does not believe that it is permissible to gate the community.  Mr. Craine is currently researching the permissibility of installing a gate and leaving it open from dawn to dusk, as there are no public facilities available after these hours.

Mr. Daryl Bowden (6930 Cohasset Circle) asked what the District spent to repair vandalism this year.  He suggested that the monies originally allocated for clubhouse furniture and a new playground be moved to add security which will make the residents feel more secure.  The funding can also be used to add a better fence around the pool area.  He also doesn’t agree with paying for the new accounting software.  He believes that this item should be paid for by the management firm.

Ms. Terri Bakas (7218 Colonial Lake Drive) addressed the issue of security.  She feels that the use of a Sheriff’s patrol or any form of security helps deter potential vandals and criminal activity.  She stated that she fears that the amount of vandalism deterred by security will not be recognized until next year, long after vandalism has drastically increased due to the lack of security.  She feels that security services should be included in the budget.  She also pointed out that approximately 46 residents were in attendance at this meeting which she feels validates the request to hold the Board meetings in the evenings. 

Mr. Chuck Butler (9732 Watterton Drive) stated that the Sheriff’s department is already over-burdened.  He feels that calling the Sheriff for every offense is an excuse to actually avoid handling the community issues.  He feels that the District needs to show some initiative to secure the community, maybe even implement a neighborhood watch.  Security in the community is a major issue and seems to worry most residents.  Maybe a security agency should be contacted.  He also feels that adding money in the budget for a website is not necessary when the community already has a website.

A new homeowner (6620 Colonial Lake Drive) stated that he is a retired Marine and would be willing to offer assistance in providing security.  He feels that the residents need to join together and work as a team to protect the community. 

Mr. Tom Smythers (7259 Bucksford) stated that he sent an email regarding several issues.  First, he was told that the pool was going to be heated.  He wanted to know if this was going to be done.  Mr. Staszko stated that the pool was never intended to be heated, but this issue would be left up to the Board to consider.  The second issue was regarding lake access at the west end.  He believes that canoes and kayaks are permitted in the lake, but there is not an access point.  He stated that there is land available near the tennis courts to make an access point and can be achieved by simply bush-hogging the grass in that area.  Thirdly, Mr. Smythers asked if the lights at the tennis courts have been repaired.  Mr. Staszko stated that he has contacted two different vendors to have this issue corrected, but neither has responded.  Mr. Staszko is still trying to locate a vendor to make the repair.  Mr. Smythers also asked if the center tie downs for the nets have been ordered.  Mr. Staszko stated that this issue will be handled by the vendor he finds to repair the lights. 

A male resident (7107 Bucksford Drive) asked who should be contacted to actually sign/issue a trespass warrant if a trespasser or vandal is caught.  The resident believes that a representative of the District must sign the complaint.  Mr. Craine stated that any resident should be able to serve as a witness to the event and the Board members would then be asked execute the order.  Another audience member (a Sheriff’s deputy) stated that a resident can sign the complaint, but the victim should be identified as Lake St. Charles CDD.

Mr. Mike Walson (7018 Jamestown Manor) ask who is responsible for painting the mailbox posts.  Mr. Dowd stated that this is an HOA issue and should be addressed to them. 

Mr. Mike Burnes (7012 Jamestown Manor) stated that he is a 911 dispatcher and stated that most calls regarding vandalism do not provide enough information for officers to follow-up on.  These types of calls are forwarded, but when the officer responds, the individual calling needs to have information for the officer and be willing to sign the complaint.  The officers’ ability to handle the issue is limited if descriptive information is not provided.

Mr. Agullar (7258 Bucksford) asked if the soccer field goal posts have been repaired.  Mr. Dowd stated that he does not recall a request being made to address this issue.  Mr. Little stated that he doesn’t feel that the money should be expended because he doesn’t see the field being used.

Ms. Lynn Sacowich (7107 Bucksford Drive) asked if the Board can review the miscellaneous items on the budget in more detail.  Mr. Staszko stated that these items will be discussed during the proposed budget presentation.  There were no other audience comments.

FOURTH ORDER OF BUSINESS  

Consideration of Authorization to Disburse District Funds 2003-08

Mr. Staszko stated that the next item is the consideration of Authorization to Disburse District Funds 2003-08 (behind tab 2). The disbursement consists of invoices for standard contractual commitments, legal fees, management fees, and payroll charges.  Mr. Staszko asked if there were any questions from the Board.  

On a Motion by Mr. Dowd, seconded by Mr. Rush, with all in favor, the Board of Supervisors approved Authorization to Disburse District Funds 2003-08 for Lake St. Charles Community Development District.

FIFTH ORDER OF BUSINESS

Consideration of Fiscal Year 2003-2004 Proposed Budget

Mr. Staszko stated that the next item on the agenda is the consideration of the fiscal year 2003/2004 proposed budget.  Mr. Staszko stated that this is simply a proposed budget and a final budget is not being adopted today.  He further stated that sixty (60) days are required between the approval of the proposed budget and the actual adoption of the final budget. 

Mr. Staszko reviewed the proposed budget.  The proposed budget totals $384,300, which is an increase of $33,350 from the adopted fiscal year 2002/2003 budget (10% increase).  He noted that assessments have not been raised in the last several years, while costs for services have continued to increase modestly.  The increase is primarily a result of capital improvement based on previous Board discussions.  

The budget is broken into two categories: Administrative and Field Operations.  In the administrative portion, increases are proposed for the reporting secretary ($500) for additional time required to maintain documents of the District.  Accounting Services is also proposed to be increase due to additional accounting requirements (GASB 34).  General liability insurance has increased dramatically since September 11^th and the budget items are proposed to be increased to cover these costs.  The computer software upgrades are a function of complying with the GASB 34 requirements ($750).  In the Capital Outlay portion of the budget, several initiatives discussed by the Board are being addressed.  These items include the creation and maintenance of an official LSC website ($1,000); equipment purchases to establish a working office for the event staff ($1,500); and miscellaneous outlay for unanticipated expenses that may arise throughout the year ($3,000).   

Under Field Operations, the Law Enforcement line item proposes that the off-duty patrol be eliminated.  The Electric Utility Services line has been increased ($3,200) to cover anticipated increases in fuel charges.  Gas Utility Services have been increased by 10% using the same rationale discussed under electrical utilities.  Garbage Collection has been increased to cover the cost of replacing the two yard dumpster with a four yard dumpster.  Water Utility Services have been increased ($3,800) based on actual water usage experienced this year.  Property and Casualty Insurance has been increased to $8,000 due to increasing premium costs.  The Entry and Wall Maintenance line has been decreased ($4,600) based on actual expenditures for the current year.  The current landscape maintenance contract is for $114,000, and the budget has been proposed at $120,000 to cover additional landscape improvements discussed by the Board.  Miscellaneous Maintenance is proposed at $5,000 to cover any repairs that may occur this year, primarily based on the age of the community.  There are items that will inevitably need to be repaired or replaced in the upcoming year and this line item has been included to cover those expenditures.  This line item can also be used to cover costs of vandalism repairs.  Capital Outlay has been proposed at $14,500.  This figure includes the addition of playground equipment ($8,000).  Mr. Staszko stated that he has tabulated the result of the playground survey.  Fifty-two responses were received: 52% of the responses were against the purchase of playground equipment.  Based on this information, Staff does not recommend the purchase of new equipment.  The $8,000 allocated may simply be removed from the budget or re-allocated somewhere else.  In regards to the swim club parking lot, $3,500 has been allocated for resealing and remarking.  Also based on the Board’s request, $3,000 has been allocated to cover the cost of furnishing the clubhouse. 

If the budget is approved as presented, the assessments would be increased.  Mr. Staszko asked if the were any comments or changes from the Board.  

Mr. Dowd asked if the parking lot is not resealed this year, will the problem exacerbate into a large issue for next year.  Mr. Staszko stated that addressing this issue next year should not change the amount of repair needed.  

Ms. Ort asked if there is money left in the current year’s budget to address the smaller items, such as the parking lot.  Mr. Staszko stated that it is conceivable, but reminded her that the current budget transferred $43,720 from the Reserve Fund simply to balance the budget.  Mr. Little asked if there are any guidelines regarding the maximum amount that can be transferred from the Reserve Fund.  Mr. Staszko stated that there were none.  Mr. Rush asked if the Developer is still funding a portion of the budget.  Mr. Staszko stated that any lots still owned by the Developer are paying the applicable assessment.  Mr. Little asked if the proposed budget being approved today will reflect the changes discussed today.  Mr. Staszko stated that, in order to change the proposed budget, a formal motion would need to be made amending the proposed budget.  After this has been done, a motion would then be made to adopt the proposed budget as amended.

Mr. Dowd stated that he does not want to see the assessments increased.  He believes that, if the Board can eliminate some items (and take additional funds from the Reserve Fund if necessary), this can be achieved.  Mr. Staszko stated that the Board has the ability to pull additional funding from the Reserve Fund, but whether or not this is a wise decision, is still to be seen.

Mr. Dowd asked for the Board’s opinion on the purchase of playground equipment.  Mr. Little stated that, based on the resident surveys, he suggests not spending the money.  Ms. Ort concurred that there does not seem to be enough community interest to justify this expense.  The Board decided to remove this item from the budget ($8,000).  The Board discussed removing the funding for the clubhouse furniture and parking lot resealing.

Mr. Staszko stated that, based on the Board’s input, the entire Capital Outlay line ($14,500) will be removed from the proposed budget.  Mr. Staszko suggested that a community workshop be held to review the budget prior to the final adoption. 

Ms. Ort stated that, although she doesn’t want to see the assessments go up, she feels that off-duty patrol services should be added back into the budget.  Mr. Dowd asked what amount should be expended, and how the District will maintain control of the services being rendered.  He stated that he does not oppose these services if they can be added in a sensible, efficient manner.  Ms. Ort asked if specific parameters can be set with the Sheriff’s office.  Mr. Little stated that the money should be spent to add better preventative measures (i.e., higher fencing).  He just wants to be sure that the District is receiving the desired effect.  

Mr. Staszko stated that J.R. Rodriguez is employed by the District and has been instrumental in diverting criminal/delinquent behavior during late night hours.  A resident (also a Sheriff’s deputy) stated that, this will eventually end in J.R. being injured or even killed.  This type of enforcement should be left to law enforcement.  A staff member does not provide the same influence as a law enforcement officer.

Mr. Staszko recommends adding $10,000 into the law enforcement line item.  He also stated that additional information will be requested regarding the actual customizing of an off-duty schedule and duty listing.  He will also check into other security venues for information and pricing. 

A homeowner asked if a video camera can be installed.  Mr. Little stated that a system was investigated that would involve simultaneous broadcasting by Time Warner.  The cost is about $14,000 initially, but the expense of keeping the channel running would fall to Time Warner.  Mr. Little also stated that Mr. Staszko contacted each Board member while putting together the proposed budget to see if they had any items that should be included for consideration.  The Board requested a “worst case” figure including everything that the Board had discussed.  That is what was presented.  This figure can now be fine tuned to include or eliminate anything that the Board desires.  Mr. Little stated that, if the budget workshop has the same amount of resident turnout as tonight’s meeting, the budget process will work effectively.

On a Motion by Mr. Little, seconded by Ms. Ort, with all in favor, the Board of Supervisors amended the proposed budget (removed $14,500 from Capital Outlay and added $10,000 to Law Enforcement) for Lake St. Charles Community Development District.

SIXTH ORDER OF BUSINESS

Consideration of Resolution 2003-12 Adopting the Proposed Budget

Mr. Staszko stated that the next item on the agenda is to consider Resolution 2003-12, (located behind tab 4).  The resolution will adopt the fiscal year 2003/2004 proposed budget as amended.  Mr. Staszko asked if there were any questions.  Hearing and seeing none, he asked for a motion.

On a Motion by Mr. Dowd, seconded by Ms. Ort, with all in favor, the Board of Supervisors approved Resolution 2003-12 for Lake St. Charles Community Development District.

Mr. Staszko stated that the next meeting is scheduled for June 16, 2003 at 3:00 p.m. and he would recommend holding the budget workshop on the same day at 5:30 p.m. or immediately following the adjournment of the Board meeting.  Mr. Little suggests that two workshops be held (on different days of the week) to accommodate different work schedules.  Mr. Little asked when the final budget public hearing would be held. Mr. Staszko stated that he will have to get back to the Board with the date because he needs to verify that 60 days has transpired between filing the proposed budget and the holding of a public hearing.  The Board will hold a second budget workshop on Wednesday, June 25, 2003 at 5:30 p.m.

SEVENTH ORDER OF BUSINESS

Staff Reports

A.                 District Counsel:  Mr. Craine stated that he will check on the legality of gating the community and will report his findings at the next meeting.  

B.                 District Engineer:  Not present. 

C.                 District Manager:  Mr. Staszko stated that the current financial statements are located behind tab 5 and the Quarterly Investment Management Report is located behind tab 6.  Mr. Staszko stated that, beginning next fiscal year, the financial statements will be presented in a different format to reflect the new accounting requirements.

Mr. Staszko stated that the Board requested information regarding the staffing of the clubhouse.  He stated that he as met with Kathy Stevens and Lisa Ryan to discuss the role and responsibilities of the clubhouse  staff.  Kathy and Lisa are responsible to organize community events, process clubhouse rental requests, maintain minimal office hours at the clubhouse, prepare and distribute the community newsletter, and secure seasonal staff to monitor the pool area.  

Mr. Staszko briefly reviewed a memo regarding changing the newsletter format, staffing of the clubhouse and rotation of staff, and establishment of an on-call system.  He asked the Board for comments.  The Board concurred with the provisions of the memo and asked Mr. Staszko to implement the policies itemized.  

                        Mr. Staszko distributed the results of the playground survey.  Mr. Staszko stated that, although the Board has already decided against installing another playground, the comments made by the residents, could be of additional use by the Board.  

                        Mr. Staszko distributed additional correspondence and requests from residents which have been received by the District Office.  Mr. Staszko stated that he has contacted Hillsborough County regarding the installation of crosswalks (as requested by Kathy Stevens), in particular, at the intersections of Colonial Lake Boulevard and Lake St. Charles Boulevard, Lake St. Charles Boulevard and Krycul Avenue, and where the trail feeds into the roadway leading to the playground.  After Hillsborough County concludes their evaluation, they will contact Mr. Staszko with an implementation plan, if any.  

                       Mr. Staszko stated that a request has also been received to circulate a general resident survey.  This item was received after the playground survey was already distributed.  The majority of items included in this survey have been addressed at today’s meeting. 

EIGHTH ORDER OF BUSINESS

Supervisor Requests or Comments

Mr. Staszko stated that the next order of business is Supervisor requests and audience comments.  Mr. Little asked if the tennis court keys can be made uniform to the pool key.  He also noted that cars are parking in the grass area near the tennis courts.  He suggests that this area either be designated as a parking area, or have “No Parking” signs posted.  Ms. Ort also stated that quotes should be requested for increasing the height of the pool fence.  Mr. Staszko stated that he did receive an estimate for implementing the card-swipe access locks.  This system would also have the ability to track resident usage.  The estimate was $4,000 which includes the first 25 cards (approximately $5.00 per additional card).  Ms. Ort would also like an estimate on adding a shade structure over the tot pool.  There were no other comments.

NINTH ORDER OF BUSINESS     

Adjournment

There were no other agenda items and Mr. Staszko asked for a motion to adjourn the meeting. 

On a Motion by Mr. Dowd, seconded by Mr. Rush, with all in favor, the Board of Supervisors adjourned the meeting for Lake St. Charles Community Development District.

Nicholas Staszko                                                          

Secretary

Jerry Mussenden

Chairman