MINUTES OF MEETING

UNIVERSITY PARK RECREATION DISTRICT BOND WORKSHOP
Friday, February 8, 2019 at 1:00 p.m.
University Park Country Club, Lakeside Room, 7671 The Park Blvd.,
University Park, Florida 34201

Board Members present at roll call:

Lisabeth Bertsch Bob Wood
Steve Ludmerer Nancy Kopnisky Mike Smith

Also, Present:

Hank Fishkind Carol Harris Mark Barnebey
Matthew Lapointe Laurie Evans
Ron Tobin

Board Member Board Member Board Member Board Member
Board Member	(via video)

Fishkind & Associates, Inc. Fishkind & Associates, Inc. Blalock Walters Law Firm Blalock Walters Law Firm UPCC- General Manager Controller

Curtis Nickerson	Golf Course Manager Various Members of the General Public - See Attached

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

The meeting was called to order at 1 :00 p.m. Those in attendance are outlined above. Attendees stood for the Pledge of Allegiance.

SECOND ORDER OF BUSINESS	Public Comment Period

Mr. Wood explained that today is a good day and it is a light agenda with some administrative items that need to be addressed.

Mr.  Wood stated  this is the  public  comment  period  and  it  will  be the only public
)	comment period the District will have during the course of this meeting. He asked that

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public comments be stated from the podium, the public clearly state their name for the record, and sign in. He reminded attendees they have three minutes for comments or ask questions.

Mr. Cerjan asked how much money it is costing the community to fight the legal battles. Mr. Ludmerer answered the cost is approaching $15,000.00 with potential to go three to four times higher if the litigation is pursued. Mr. Cerjan asked if this bothers anyone and multiple individuals in the room said yes and applauded.

Mr. Barnebey reminded the public that this meeting is being recorded and as much as they might appreciate the comments they should not be applauding or booing etc.

Mr. Wood asked if there were any other questions.

Mr. Whyte stated he sat through the court proceedings and realized for the first time Mr. Garrett's concerns were related to financial information that was available. Mr. Whyte asked if the Board would consider finding an accommodation to make more financial information available to those seeking it during the bond process.

Mr. Wood stated the financials available on the website were based on audited financial information and it became an issue because the owner of the property was concerned about it becoming public information that could be used by competitors. During the course of the bond process if there are specific issues or questions about financing, District staff can work with them to figure out how to get the information. He reiterated the financial information that is presented and available on the website provides substantial amount of information for someone studying finance to make a judgment on the validity of the bottom line on those claims. He understands the question and the Board will take it up as an issue.

Dr. Fishkind added the Treasurer, Mr. Ludmerer reviewed all of the financial information and worked with staff to provide those summaries. Dr. Fishkind assured the public that they are accurate based on the financial statements.

Mr. Barnebey stated that the District is expecting, as part of due diligence, for additional and current financial information. Once the District staff obtains the information, they will make it available.

Mr. Wood stated that yesterday and through the course of the last couple of weeks the District held a voting process to approve a referendum that would allow the District to issue bonds. Of the 1,202 available voters, 1,009 actually voted for a total of 84%. Of the 1,009 votes cast, 810 or 80% voted in favor of the referendum. Mr. Wood noted that the referendum has passed in an overwhelming manner.

Mr. Wood stated a resident, Mr. Garrett, asked the court to issue an injunction stopping the vote and to invalidate the establishment of the Recreation District. He raised the same issues the Board has heard and have been dismissed at every level. After allowing Mr. Garrett and his supporters two hours to present their case, the Judge ruled, without requiring the District to present a defense, to disallow the temporary injunction. Mr. Wood said it is unlikely that Mr. Garrett will be successful if he continues. Despite that, Mr. and Mrs. Lordi sent another misleading email that concluded that they consider the Judge's ruling on the injunction to be a temporary setback.

Mr. Wood stated by suing the District, they are suing themselves and everyone in this room. The District has no source of revenue to pay for its defense and now the is left a position where they must consider all the options available to defend themselves, up to and including an assessment of the homeowners in order to have the funds if this nonsense continues. Mr. Wood stated that it is not a promise or guarantee but it is a point that must be considered going forward: how much, if anything, must be assessed to defend against these claims.

Mr. Wood stated the lawsuit has stopped the District from acquiring short term financing for everyday business expenses of the District - for the time being. He promised the Board and District staff will figure out the best and least onerous way to move forward in defending themselves and operating the District.

THIRD ORDER OF BUSINESS

Consideration of Minutes
Consideration	of	Minutes from	the	Board	of

Supervisors January 4, 2019
Consideration from	the

Meeting,

of	Minutes Board	of

The Board reviewed the minutes.

Supervisors	Continued Meeting, January 11, 2019

On MOTION by Mr. Ludmerer, seconded by Ms. Bertsch, with all in favor, the Board approved the Minutes from the Board of Supervisors Meeting, January 4, 2019 and the Minutes from the Board of Supervisors Continued Meeting, January 11, 2019.

FOURTH ORDER OF BUSINESS	Ratifying	Agreement
DiBartolomeo, McBee, Hartley & Barnes, P.A.

Dr. Fishkind stated that this needs to be ratified by the Board.

On MOTION by Mr. Ludmerer, seconded by Ms. Kopnisky, with all in favor, the Board ratified the Agreement with DiBartolomeo, McBee, Hartley & Barnes, P.A.

FIFTH ORDER OF BUSINESS

The Board reviewed the District Counsel's fee.

Consideration of District Counsel's Fee for Opinion Letter
- Short Term Financing for Operation and Maintenance of the District

On MOTION by Mr. Ludmerer, seconded by Ms. Bertsch, with all in favor, the Board approved the District Counsel's Fee for Opinion Letter - Short Term Financing for Operation and Maintenance of the District.

SIXTH ORDER OF BUSINESS		Consideration of Resolution 2019-21, Amending Resolution 2019-17 providing Clerks and Inspectors at the Polling Place

Ms. Harris explained that this is an amendment of Resolution 2019-17 which is an amendment the Board passed. When the Board passed the resolution, they found a different auditing company who would be validating and certifying the election so, the amendment recognizes that change and names the Inspector and Clerks that were doing the work.

On MOTION by Ms. Bertsch, seconded by Ms. Kopnisky, with all in favor, the Board approved Resolution 2019-21, Amending Resolution 2019-17 providing Clerks and Inspectors at the Polling Place

SEVENTH ORDER OF BUSINESS	Consideration	of	Resolution
2019-19,	Canvassing	and Certifying the Bond Referendum

Mr. Barnebey explained the election for the bond referendum was held yesterday and the bond was approved. He explained the resolution in the agenda package is correct but he needs to fill in the blanks. He clarified that the results regarding the question that was on the ballot yesterday were 810 in favor of the bond referendum; and 199 opposed. There were 27 ballots that were not counted and three of those were duplicates from individuals who had already voted; 22 mailed ballots that arrived after the ballot deadline. Both the duplicate ballots and the mailed ballots that arrived after the mailed ballot deadline were not opened. There were 2 ballots that were deemed to have inadequate documentation by the independent accounting firm and they were not counted.

He explained the changes to paragraph 4 and section 2. He stated that there is also included a ballot certification from Christan Hartley, the inspector and the two clerks.

Mr. Wood requested a motion from the board to approve Resolution 2019-19.

On MOTION by Ms. Kopnisky, seconded by Mr. Ludmerer, with all in favor, the Board approved Resolution 2019-19, Canvassing and Certifying the Bond Referendum.

EIGHTH ORDER OF BUSINESS	Consideration	of	Resolution
2019-20,  Bond Validation

Dr. Fishkind stated that now that the community has authorized the Board to move forward with long term financing, it is appropriate for the District to do so. He explained that this resolution does just that. He noted it has a number of parts and explained the Master Trust Indenture which is required under Florida Statute. He stated that the document explaining how the bonds were issued was prepared by Mr. Gang.

Dr. Fishkind stated if the Board passes this document Mr. Barnebey will file it in circuit court for bond validation, a process governed by Chapter 75 of the Florida Statutes, and once the bonds are validated the District can issue the bonds. He explained that in the validation process the District has to sue the State of Florida, notice everyone

who wants to be noticed; prove the bonds are being used for a public purpose and the District followed proper procedures; and demonstrate the issuance of the bonds is in the public interest.

Ms. Kopnisky stated that in the budget there is a line item for the Bond Trustee and asked if those are the fees associated with National Bank. Dr. Fishkind answered proceeds from the bonds would pay for the Trustee's and Trustee Counsel's fees.

Ms. Kopnisky stated that there are also fees due to tax assessors as well. Dr. Fishkind replied that when the District runs the assessment book that is the fee for his office to administer that book in addition, because they are using the property tax mechanism of the State of Florida, they are required to pay the Manatee County Property Appraiser and Manatee County Tax Collector.

Mr. Wood requested a motion to approve Resolution 2019-20.

On MOTION by Mr. Ludmerer, seconded by Ms. Bertsch, with all in favor,  the Board approved Resolution 2019-20, Bond Validation.

NINTH  ORDER OF BUSINESS	Staff Reports

District Counsel- Mr. Barnebey stated District staff became aware of litigation filed by Mr. Garrett. The litigation is for a declaratory relief, injunction, and a temporary injunction. A hearing was held on Wednesday, February 6, at 3:00 p.m. in regard to the referendum to determine if the judge would issue an injunction. Mr. Barnebey's office represented the District. The Court found that there was not sufficient basis to issue a temporary injunction. He explained the permanent injunction and the requests for declaratory relief are still pending and he will be defending the District on that as well. He complimented the Board members moving things forward and Ms. Kopnisky did a fine job as an unexpected witness.

Mr. Barnebey complimented the community on the election process yesterday. He complimented the high turn out and the ability of everyone to follow directions well. He noted that the District is ready to move forward with bond validation and defending on the other issues that are outstanding.

Mr. Wood thanked Mr. Barnebey and his team who defended the District so they were able to hold the election yesterday.

District Manager- Dr. Fishkind stated that he has run a number of referendums and this time was the best he has ever seen and it is a compliment to the community how much they care - that they are willing to vote and participate. He stated he is honored to be able to work with them on this. He thanked Ms. Harris and the staff in Orlando who did a herculean job of getting the referendums together and getting all the mail and getting it all out and answering questions. He stated that there were more than 100 questions and emails and staff is happy to have them ask then and they want them to but the staff did a great job.

Dr. Fishkind stated that Mr. Barnebey and his team put on a great case that was so good, and the other side was so bad, that the Judge ruled in the District's favor without the District putting on a defense.

Dr. Fishkind stated that Ms. Evans was so gracious to allow the District to use the space for the election. He went on to highly compliment the Board.

Mr. Barnebey added that he thought that the counsel for the other side did a fine job but had a very difficult burden of proof to overcome and the Judge did not feel they could do that.

Supervisor Requests- Mr. Smith stated that the audio is not working. He stated that he could not be more pleased with the outcome. Everyone has worked very hard and still has a way to go and he looks forward to the next milestones.
Ms. Kopnisky asked will the issues entail from the Board or District staff. Mr. Barnebey responded that the process slows down from the temporary injunction. He stated that at this point District staff will have to prepare for that and he does not know what will be involved in that but he will have to defend, with the Board, those two matters and may have witnesses and expert testimony and a number of things that the District will have to prepare for.

Ms. Kopnisky asked if there was a possibility that the Plaintiff could drop those charges. Mr. Barnebey stated that is a possibility but they entitled to their day in court and that is a decision that they could make. They have heard a lot of information in the last week that may influence how they move forward but that is up to them.

Ms. Kopnisky asked if District staff has been notified about the next proceedings. Mr. Barnebey responded that they have not been notified of anything yet.

Ms. Bertsch thanked the residents. She stated that is upset with what is going on and she noted that she is surprised that none of the people who filed this lawsuit are present today to talk about it or do anything and it shows lack of courage and did not want to face up to the fact that they lost. She stated that she is worried that if they continue to pursue their objectives and their stated goals within the legal process

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which they are entitled to do it will cost the District money. Mr. Barnebey requested that she not get into specifics about the case. She stated that this will cost the community money. As a Supervisor, she informed residents that $1,200.00 is what residents can expect to pay but the District does not have a budget yet for the litigation's costs. Ms. Bertsch suggested that the neighbors contact those who sued the District to inform them they are not happy about it. Mr. Barnebey reminded Ms. Bertsch that they are entitled to their day in court.

Ms. Bertsch stated that the District had a closing date set for the end of February and asked what happens with that date. Dr. Fishkind stated that District staff will ask the board at the end of this meeting not to adjourn the meeting but to continue it to a date in the future. Dr. Fishkind spoke to the seller who is willing to extend the contract so the District will want to enter into an amended contract to formally extend. He noted that the District was able to get the approval of Florida Community Bank for the operating loan. He does not have the documentation ready because of the lawsuit.

Mr. Ludmerer thanked District staff and Ms. Evans, Mr. Nickerson, and the team for making all this happen in a smooth and efficient manner. He stated that the board is doing everything it can to efficiently and cost effectively represent residents' interests going forward and thanked them for their support.

(   )		Mr. Wood thanked the residents for attending and for their support. Dr. Fishkind asked the Board for a time that they would have available in order to continue this meeting. The Board discussed their availability and asked Ms. Evans abut the availability of the room.

TENTH ORDER OF BUSINESS	Adjournment

There were no other questions or comments. Dr. Fishkind requested a motion to continue the meeting until February 19, 2019 at 1:00 p.m. in the Lakeside Room.

ON MOTION by Mr. Wood, seconded by Mr. Smith, with all in favor, the Friday, February 8, 2019 Board of Supervisors' Meeting for University Park was recessed until February 19, 2019 at 1:00 p.m. in the lakeside Room.

Secretary I Assistant Secretary	Chairman / Vice Chairman

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