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OSPREY OAKS COMMUNITY DEVELOPMENT
DISTRICT
REGULAR MEETING
AGENDA
February 5, 2018
Osprey Oaks Community Development District OFFICE OF THE DISTRICT MANAGER
2300 Glades Road, Suite 410W●Boca Raton, Florida 33431 Phone: (561) 571-0010●Toll-free: (877) 276-0889●Fax: (561) 571-0013
January 29, 2018
Board of Supervisors
Osprey Oaks Community Development District
Dear Board Members:
A Regular Meeting of the Osprey Oaks Community Development District’s Board of
Supervisors will be held on Monday, February 5, 2018 at 6:15 p.m., at the Clubhouse of Osprey
Oaks, located at 7054 Muscovy Court, Lake Worth, Florida 33463. The agenda is as follows:
1. Call to Order/Roll Call
2. Public Comments
3. Discussion: Public Records Request(s) from Board Members
A. Environmental Resources Management (ERM)
4. Discussion: Correspondence
A. Letter from Palm Beach County Department of Planning, Zoning and Building to
Osprey Oaks CDD Regarding CDD Affidavits of Compliance
B. Letter from Mr. Jonathan Berman to Office of Attorney General Ms. Pam Bondi
Regarding CDD Ordinance Violations and Others
C. Email from Florida Attorney General’s Office to Osprey Oaks CDD and
Department of Economic Opportunity Special District Accountability Program
D. Letter from Mr. Jim Gielda, Manager, BR Osprey Acquisition, LLC, to Mr.
Lorenzo Aghemo, Palm Beach County Planning Director, Regarding CDD
Affidavits of Compliance
5. Consideration of Rejection of Responses to Request for Qualifications (RFQ) for District
Engineering Services
6. Approval of Unaudited Financial Statements as of December 31, 2017
A. Check Register: October - December
B. Invoices: October – December
ATTENDEES: Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes.
Board of Supervisors
Osprey Oaks CDD
February 5, 2018, Regular Meeting Agenda
Page 2
7. Approval of November 6, 2017 Regular Meeting Minutes
8. Staff Reports
A. District Counsel: Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
B. District Engineer: Schnars Engineering Corporation
C. District Manager: Wrathell, Hunt and Associates, LLC
i. Board Member Seats in November, 2018 General Election
SEAT 3: Currently Held by Jim Gielda
SEAT 4: Currently Held by Jeff Fuchs
ii. NEXT MEETING DATE: March 5, 2018 at 6:15 P.M.
9. Public Comments
10. Supervisors’ Requests
11. Adjournment
Should you have any questions and/or concerns, please contact me directly at (561) 346-5294.
Sincerely,
Cindy Cerbone
District Manager
FOR BOARD MEMBERS AND STAFF TO ATTEND BY TELEPHONE
Call-in number: 1-888-354-0094
Conference ID: 8518503
$IBQFrog
Dcparnn nt of PhnntnllZontni & Bu dtnd
2300 North Jog Road
west Palm Beach. FL 3341l-2741(561) 215'5000
Planning Division 211.5100
Zoning Division 253'5200Building Division 2ll'5 I 0O
Code Enforcement 233-5500
Contractors Cerrification 213 -5525
Administration Office 2ll-5005txecuave (JIlrce 2 f J.f,22U
www pbcgov com/pzb
I
Palln Bcach CountyEo.rd of Countycohtnfuilonal3
Paulette Burdick. Mayor
Melissa McKinlay. Vice Mayor
Hal R valeche
Dave Kerner
Sreven L. Abrafts
I\,lary Lou Berger
lvlack Bernard
County AdnlnfutEtor
verdenia C Baker
"An Equal Opporn[litJAffirmative A cnon F,mployd -
pinled on suslainable
John K. MarkeyJKM Developers2300 Glades Road, Suite 202EBoca Ralon, FL 33431
CERTIFIED MAIL
RE: Osprey Oaks CDD Affidavits of Compliance
Mr. Markey,
The ordinance that implemented the Osprey Oaks CDD (Ordinance No. 2008-00'l) required that potential buyers be notified that they were buying into a
CDD community. ln addition, Section 13 of the Ordinance requires thedeveloper to report annually that this condition is being complied with. Thisreporting is to be accomplished through an annual Affidavit of Compliance.
ln this case, the Affidavit of Compliance was supposed to have beensubmitted beginning on November 1, 2008 and continued until all units in theOsprey Oaks development were sold.
The Affidavit of Compliance was to have outlined the number of units sold,provided samples of the documents used in the closing process, and certifiedcompliance with the disclosure requirements contained in Ordinance No.
2008-001.
It appears that that this requirement was not complied with, and that theAf{idavits of Compliance were never submitted to the Monitoring Section ofPalm Beach County.
Failure to comply with these disclosure requirements is a violation of CountyOrdinance, so it is imperative that our office receive copies of the Affidavitsfrom 2008 until the year that the last unit in the Osprey Oaks developmentwas sold.
Please mail the Affidavits to: Bruce Thomson, Planning Division, 2300 NorthJog Rd, 2E, West Palm Beach, FL 33411-2741.
lf you have any questions regarding this issue, you may contact Patricia Behn,Deputy Planning Director at 561-233-5332.
Sincerely,
/**a..tuLorenzo eg$mo /Planning Director t
Attachment. Ordinance 2008-001Michal Szymonowicz, Wrathell, Hunt and Associales, LLCMeredith S. Naim, Chairperson, Board of Supervisors, Seat 5Jim Gielda, Vice Chair, Board of Supervisors, Seat 3John S. Flaherty, Assistant Secretary, Board of Supervisors, Seat 'l
Steve Ratkowski, Assistant Secretary, Board of Supervisors, Seat 2Jeff Fuchs, Assistant Secrelary, Board of Supervisors, Seal4
Craig, Wrddl, Disticl ManagerPalrid( Rutter, PZ&B Ex€ajtivE DirectorBob Banks, AICP, Chirf Land Use Courlty AttomeyPatdda Bshn, Deputy Planning Director, PBCBruce Thomson, Principal Plann€r, Aanning DMsbnDanna Ad(eman-White, S€nior Commi$ion Adminislrative Aid8, Distici 3
From: MasterNotes [mailto:[email protected]]
Sent: Friday, December 29, 2017 2:52 PM To: [email protected]
Cc: [email protected] Subject: From Florida Attorney General Pam Bondi
To: Osprey Oaks Community Development District Boca Raton, Florida Department of Economic Opportunity Special District Accountability Program Dear Osprey Oaks CDD and DEO, The Florida Attorney General's Office received the attached correspondence from Mr. Jonathan Berman of Boynton Beach, Florida, regarding retrieving an affidavit pertaining to his community.
(See attached file: Jonathan Berman.pdf) Please handle as you deem appropriate. If you have any questions, please contact me directly at (850) 414-3992 or [email protected]
Sincerely,
Anna Rissinger Office of Citizen Services Florida Attorney General's Office PL01 The Capitol Tallahassee, Florida 32399-1050 Toll-free in FL: (866) 966-7226 Outside Florida: (850) 414-3990 Website: http://myfloridalegal.com PLEASE DO NOT REPLY TO THIS E-MAIL. THIS ADDRESS IS FOR PROCESSING ONLY. To contact this office please visit the Attorney General's website at www.myfloridalegal.com and complete the on-line contact form. For news on Attorney General Bondi's efforts to fight fraud, please click the following link and subscribe to the Attorney General's electronic newsletters: http://myfloridalegal.com/NewsBrie.nsf/Subscriber
OSPREY OAKSCOMMUNITY DEVELOPMENT DISTRICT
FINANCIAL STATEMENTS
DECEMBER 31, 2017UNAUDITED
1
GeneralFund
DebtServiceFund
TotalGovernmental
FundsASSETSCash 85,867$ -$ 85,867$ Investments
Reserve - 132,155 132,155 Interest - 1 1 Revenue - 129,042 129,042 Prepayment - 2,358 2,358
Due from general fund - 2,567 2,567 Total assets 85,867$ 266,123$ 351,990$
LIABILITIES AND FUND BALANCESLiabilities:
Due to debt service fund 2,567$ -$ 2,567$ Total liabilities 2,567 - 2,567
Fund balances:Restricted for:
Debt service - 266,123 266,123 Unassigned 83,300 - 83,300
Total fund balances 83,300 266,123 349,423 Total liabilities and fund balances 85,867$ 266,123$ 351,990$
DECEMBER 31, 2017
OSPREY OAKSCOMMUNITY DEVELOPMENT DISTRICT
BALANCE SHEETGOVERNMENTAL FUNDS
2
CurrentMonth
Year toDate Budget
% ofBudget
REVENUESAssessment levy 74,052$ 80,319$ 85,736$ 94%Interest and miscellaneous 4 6 - N/A
Total revenues 74,056 80,325 85,736 94%
EXPENDITURESProfessional & administrativeSupervisors 800 800 12,000 7%Management/accounting/recording 1,500 8,500 42,000 20%Legal 605 605 9,000 7%Engineering - - 2,000 0%Audit - - 4,500 0%Arbitrage rebate calculation - - 1,200 0%Dissemination agent 83 250 1,000 25%Trustee - - 3,500 0%Telephone 8 25 100 25%Postage - 8 500 2%Printing & binding 21 62 250 25%Legal advertising - - 1,000 0%Annual special district fee - 175 175 100%Insurance - 5,621 5,621 100%Contingencies/bank charges 28 81 500 16%Website - 616 615 100%Information system services - 420 420 100%
Total professional & administrative 3,045 17,163 84,381 20%
Other fees & chargesProperty appraiser - - 462 0%Tax collector 740 803 893 90%
Total other fees & charges 740 803 1,355 59%Total expenditures 3,785 17,966 85,736 21%
Excess/(deficiency) of revenuesover/(under) expenditures 70,271 62,359 -
Fund balances - beginning 13,029 20,941 19,747 Fund balances - ending 83,300$ 83,300$ 19,747$
OSPREY OAKSCOMMUNITY DEVELOPMENT DISTRICT
STATEMENT OF REVENUES, EXPENDITURES,
FOR THE PERIOD ENDED DECEMBER 31, 2017AND CHANGES IN FUND BALANCES
GENERAL FUND
3
CurrentMonth
Year ToDate Budget
% ofBudget
REVENUESSpecial assessment - on roll 106,168$ 115,152$ 122,918$ 94%Interest 78 283 - N/A
Total revenues 106,246 115,435 122,918 94%
EXPENDITURESDebt servicePrincipal - 20,000 20,000 100%Interest - 51,104 101,638 50%
Total debt service - 71,104 121,638 58%
Other fees & chargesTax collector 1,063 1,152 1,280 90%Total other fees and charges 1,063 1,152 1,280 90%
Total expenditures 1,063 72,256 122,918
Excess/(deficiency) of revenuesover/(under) expenditures 105,183 43,179 -
Fund balances - beginning 160,940 222,944 220,584 Fund balances - ending 266,123$ 266,123$ 220,584$
AND CHANGES IN FUND BALANCESDEBT SERVICE FUND SERIES 2012
FOR THE PERIOD ENDED DECEMBER 31, 2017
OSPREY OAKSCOMMUNITY DEVELOPMENT DISTRICT
STATEMENT OF REVENUES, EXPENDITURES,
Type Num Date Name Account Paid Amount Original Amount
Check 2610 10/04/2017 OSPREY OAKS CDD 101.001 � Suntrust - N... 0.00
TOTAL 0.00 0.00
Check 2611 10/06/2017 OSPREY OAKS CDD 101.001 � Suntrust - N... -1,417.92
207.201 � Due to Debt ... -1,417.92 1,417.92
TOTAL -1,417.92 1,417.92
Bill Pmt -Check 2612 10/16/2017 BILLING COCHRAN,LYLES , MAURO RAMSEY 101.001 � Suntrust - N... -400.00
Bill 144122 09/30/2017 514.310 � Legal Fees -400.00 400.00
TOTAL -400.00 400.00
Bill Pmt -Check 2613 10/16/2017 EGIS INSURANCE & RISK MANAGEMENT 101.001 � Suntrust - N... -5,621.00
Bill 6253 10/13/2017 519.450 � Insurance -5,621.00 5,621.00
TOTAL -5,621.00 5,621.00
Bill Pmt -Check 2614 10/16/2017 FEDEX 101.001 � Suntrust - N... -6.18
Bill 5-941-35340 09/30/2017 519.410 � Postage -6.18 6.18
TOTAL -6.18 6.18
Bill Pmt -Check 2615 10/16/2017 PALM BEACH COUNTY PROPERTY APPRAISER 101.001 � Suntrust - N... 0.00
TOTAL 0.00 0.00
Bill Pmt -Check 2616 10/16/2017 WRATHELL, HUNT & ASSOC LLC 101.001 � Suntrust - N... -3,612.50
Bill 2017-10752 10/13/2017 512.311 � Management ... -3,500.00 3,500.00513.312 � Disseminatio... -83.34 83.34519.411 � Telephone -8.33 8.33519.470 � Printing and ... -20.83 20.83
TOTAL -3,612.50 3,612.50
Bill Pmt -Check 2617 10/31/2017 BOARD OF COUNTY COMMISSIONER 101.001 � Suntrust - N... -420.00
11:03 AM Osprey Oaks CDD
11/06/17 Check DetailOctober 2017
Page 1
Type Num Date Name Account Paid Amount Original Amount
Bill 08181700000000002308 10/31/2017 513.316 � Information S... -420.00 420.00
TOTAL -420.00 420.00
11:03 AM Osprey Oaks CDD
11/06/17 Check DetailOctober 2017
Page 2
Type Num Date Name Account Paid Amount Original Amount
Bill Pmt -Check 2618 11/15/2017 FEDEX 101.001 � Suntrust ... -7.71
Bill 5-963-62018 11/14/2017 519.410 � Postage -7.71 7.71
TOTAL -7.71 7.71
Bill Pmt -Check 2619 11/15/2017 FLORIDA DEPT. OF ECONOMIC OPPORTUNITY 101.001 � Suntrust ... -175.00
Bill 70990 11/14/2017 519.540 � Annual Di... -175.00 175.00
TOTAL -175.00 175.00
Bill Pmt -Check 2620 11/15/2017 WRATHELL, HUNT & ASSOC LLC 101.001 � Suntrust ... -3,612.50
Bill 2017-10819 11/14/2017 512.311 � Managem... -3,500.00 3,500.00513.312 � Dissemin... -83.34 83.34519.411 � Telephone -8.33 8.33519.470 � Printing a... -20.83 20.83
TOTAL -3,612.50 3,612.50
2:02 PM Osprey Oaks CDD
12/07/17 Check DetailNovember 2017
Page 1
Type Num Date Name Account Paid Amount Original Amount
Check 2621 12/06/2017 MEREDITH SARA NAIM 101.001 � Suntrust ... -200.00
511.110 � Superviso... -200.00 200.00
TOTAL -200.00 200.00
Check 2622 12/06/2017 JOHN STEVEN FLAHERTY 101.001 � Suntrust ... -200.00
511.110 � Superviso... -200.00 200.00
TOTAL -200.00 200.00
Check 2623 12/06/2017 STEVE RATKOWSKI 101.001 � Suntrust ... -200.00
511.110 � Superviso... -200.00 200.00
TOTAL -200.00 200.00
Check 2624 12/06/2017 JEFFREY K. FUCHS 101.001 � Suntrust ... -200.00
511.110 � Superviso... -200.00 200.00
TOTAL -200.00 200.00
Bill Pmt -Check 2625 12/15/2017 BILLING COCHRAN,LYLES , MAURO RAMSEY 101.001 � Suntrust ... -605.00
Bill 145230 12/14/2017 514.310 � Legal Fees -605.00 605.00
TOTAL -605.00 605.00
Bill Pmt -Check 2626 12/15/2017 WRATHELL, HUNT & ASSOC LLC 101.001 � Suntrust ... 0.00
TOTAL 0.00 0.00
Check 2627 12/19/2017 OSPREY OAKS CDD 101.001 � Suntrust ... -112,185.29
207.201 � Due to D... -112,185.29 112,185.29
TOTAL -112,185.29 112,185.29
Bill Pmt -Check 2628 12/22/2017 WRATHELL, HUNT & ASSOC LLC 101.001 � Suntrust ... -1,612.49
12:02 PM Osprey Oaks CDD
01/08/18 Check DetailDecember 2017
Page 1
Type Num Date Name Account Paid Amount Original Amount
Bill 2017-10910 12/14/2017 512.311 � Managem... -1,550.91 2,833.33513.312 � Dissemin... -45.62 83.34519.411 � Telephone -4.56 8.33519.470 � Printing a... -11.40 20.83
TOTAL -1,612.49 2,945.83
12:02 PM Osprey Oaks CDD
01/08/18 Check DetailDecember 2017
Page 2
1
MINUTES OF MEETING 1
OSPREY OAKS 2
COMMUNITY DEVELOPMENT DISTRICT 3
4
A Regular Meeting of the Osprey Oaks Community Development District’s Board of 5
Supervisors was held on Monday, November 6, 2017 at 6:15 p.m., at the Clubhouse of Osprey 6
Oaks, located at 7054 Muscovy Court, Lake Worth, Florida 33463. 7
8
Present and constituting a quorum were: 9
10 Meredith Naim Chair 11
John Flaherty Assistant Secretary 12
Steve Ratkowski Assistant Secretary 13
Jeffrey Fuchs Assistant Secretary 14
15
Also present were: 16 17
Cindy Cerbone District Manager 18
Ginger Wald District Counsel 19
20
21
FIRST ORDER OF BUSINESS Call to Order/Roll Call 22 23
Ms. Naim called the meeting to order at 6:15 p.m. Supervisors Naim, Flaherty, 24
Ratkowski and Fuchs were present, in person. Supervisor Gielda was not present. 25
26
SECOND ORDER OF BUSINESS Public Comments 27
28
There being no public comments, the next item followed. 29
30
THIRD ORDER OF BUSINESS Discussion: Public Records Request(s) 31
from Board Members 32
33
A. Environmental Resources Management (ERM) (deferred from June 5, 2017 and 34
September 14, 2017 Meetings) 35
Mr. Flaherty confirmed that a meeting with ERM was scheduled for Wednesday, 36
November 8, 2017 at 10:00 a.m., at ERM’s headquarters. 37
This item was deferred to the next meeting. 38
OSPREY OAKS CDD November 6, 2017
2
FOURTH ORDER OF BUSINESS Consideration of Responses to Request 39
for Qualifications (RFQ) for District 40
Engineering Services (deferred from June 41
5, 2017 and September 14, 2017 Meetings) 42
43
A. RFQ Package 44
This item was provided for informational purposes. 45
B. Affidavit of Publication 46
This item was provided for informational purposes. 47
C. Respondents 48
i. Higgins Engineering, Inc. 49
ii. Motre Co., LLC 50
These items were provided for informational purposes. 51
D. Ranking 52
This item was not addressed 53
E. Award of Contract/Authorization to Negotiate with Number-One Ranked Firm 54
Ms. Naim questioned if any other Board Members saw a reason to go through the 55
responses to the Request for Qualifications (RFQs). She personally did not see any responses 56
that impressed her but, if anyone had a different thought or opinion, it could be discussed. 57
58
On MOTION by Mr. Ratkowski and seconded by Ms. Naim, 59
with all in favor, retaining the current District Engineer, 60
Schnars Engineering, was approved. 61
62
63
FIFTH ORDER OF BUSINESS Approval of Unaudited Financial 64
Statements as of September 30, 2017 65
66
A. Check Register: May - September 67
B. Invoices: May - September 68
Ms. Naim presented the Unaudited Financial Statements as of September 30, 2017. 69
70
On MOTION by Mr. Ratkowski and seconded by Mr. 71
Flaherty, with all in favor, the Unaudited Financial Statements 72
as of September 30, 2017, were approved. 73
74
OSPREY OAKS CDD November 6, 2017
3
SIXTH ORDER OF BUSINESS Approval of Minutes 75
76
A. June 5, 2017 Regular Meeting Minutes (deferred from September 6, 2017 Public 77
Hearing and Regular Meeting) 78
B. September 14, 2017 Public Hearing and Regular Meeting 79
Ms. Naim presented the June 5, 2017 Regular Meeting and the September 14, 2017 80
Public Hearing and Regular Meeting Minutes and asked for any additions, deletions or 81
corrections. The following change was made to the September 14, 2017 Public Hearing and 82
Regular Meeting Minutes: 83
Line 176: Change “April 2” to “March 5” 84
Ms. Cerbone would reconfirm each meeting date with the Supervisors, prior to each 85
scheduled meeting. Should they decide the meeting was not needed, it would be cancelled. 86
87
On MOTION by Mr. Ratkowski and seconded by Ms. Naim, 88
with all in favor, the June 5, 2017 Regular Meeting Minutes, as 89
presented, and the September 14, 2017 Public Hearing and 90
Regular Meeting Minutes, as amended, were approved. 91
92
93
SEVENTH ORDER OF BUSINESS Staff Reports 94
95
A. District Counsel 96
There being no report, the next item followed. 97
B. District Engineer 98
There being no report, the next item followed. 99
C. District Manager 100
i. NEXT MEETING DATE: December 4, 2017 at 6:15 P.M. 101
Ms. Cerbone stated that the next meeting will be held on December 4, 2017 at 6:15 p.m., 102
at this location. 103
104
EIGHTH ORDER OF BUSINESS Public Comments 105
106
There being no public comments, the next item followed. 107
108
NINTH ORDER OF BUSINESS Supervisors’ Requests 109
OSPREY OAKS CDD November 6, 2017
4
Mr. Ratkowski stated that residents approached him about there being nothing in the 110
community for children, such as a playground, basketball court, etc. Residents expressed that, 111
since most pay taxes through their escrow, it would be easier for them to pay for things through 112
their taxes than paying higher HOA dues. He questioned if there could be a capital contribution 113
or if the CDD could work something out with the HOA. 114
Ms. Wald stated that the HOA could donate property to the CDD and the CDD could 115
then move forward with developing a playground or something else. The problem with the CDD 116
giving a monetary contribution was that the CDD does not have the property. The CDD could 117
enter into an agreement with the HOA, such as a License Agreement, over that property and 118
install the equipment, etc. It could be done; it was a matter of working out the logistics. 119
Ms. Cerbone stated, regardless of whether there was a the new HOA Board, if the HOA 120
was willing to work with the District, the District could include a budget line item entitled 121
“Playground equipment” and, during the budget process, those funds could remain in the line 122
item, be moved to something else or removed from the budget, prior to adoption, depending on 123
the situation with the HOA. Mr. Ratkowski stated that the HOA has the property but no one 124
knows the process for the District to do something with it. He felt that the costs for maintenance, 125
etc., for this would be better received by owners if it was in their taxes, not HOA dues. 126
Mr. Flaherty felt that, in the spirit of that and with the CDD Board moving from being 127
Developer-based to a homeowner-based, it would benefit everyone to coexist with the HOA to 128
keep property values up and determine what needs to be done in the CDD. He noticed a few 129
issues within the CDD, such as infrastructure not being maintained. 130
Ms. Cerbone stated that, if Board Members observe infrastructure or other issues, they 131
should notify the District Manager and Management would address it and take the necessary 132
steps to resolve the issue. If an issue was part of the CDD’s Maintenance Agreement with 133
Property Management, the District Manager, in conjunction with District Counsel, would 134
typically send a letter to the Property Manager regarding the issue. Mr. Flaherty wanted the 135
CDD to notify the Property Manager when District Staff would be on site, etc. 136
Ms. Wald discussed the differences between CDDs and HOAs and what each can do, 137
such as an HOA can buy and sell things that it owns but a CDD cannot simply give money to the 138
HOA without it being utilized for a public purpose that falls within the powers of the CDD. If 139
there was an item that was an HOA issue but the HOA did not have funds for it, the HOA could 140
OSPREY OAKS CDD November 6, 2017
5
at least bring it to the CDD and the Board could discuss it and the District Manager and District 141
Counsel could provide guidance about whether it was something the District, as a governmental 142
entity, could become involved in. 143
Discussion ensued bonds, CDDs that defaulted on their bonds when the market was bad, 144
thriving CDDs. 145
Mr. Flaherty referenced the recent sale of Osprey Oaks 2 and asked if that development 146
was part of the Osprey Oaks CDD, as it was part of the HOA. Ms. Naim stated that those 147
owners pay into the HOA so they can use the Clubhouse. Mr. Flaherty asked for confirmation 148
that Osprey Oaks 2 was not currently part of the CDD despite being part of the original plan. 149
Ms. Wald stated that it may be a situation where the Osprey Oaks 2 owners pay dues in order to 150
utilize amenities. Mr. Flaherty thought that Osprey Oaks 2 was still part of the CDD’s ad 151
valorem. Ms. Wald researched the County’s tax records and stated that Kestral Terrace had one 152
house that was built and there were 12 lots. There was an ad valorem tax of $412 on one of the 153
properties, which meant there was no CDD assessment on the property. Ms. Wald concluded 154
that the Osprey Oaks 2 development was not part of the District. 155
Mr. Fuchs recalled a letter from Mr. Lorenzo Aghemo, Planning Director of the Palm 156
Beach County Department of Zoning & Building. The letter referred to an Affidavit of 157
Compliance that was not done. Apparently, the Seller never submitted the Affidavit of 158
Compliance. He discussed sales agreements and required disclosures to potential buyers. Ms. 159
Wald stated that, as required by the Declaration of Covenants, it was the Seller’s responsibility to 160
do those things; it was not the CDD’s responsibility. 161
Ms. Cerbone explained about the phone calls Management received regarding this matter. 162
The initial call from the County was given to Mr. Szymonowicz and, since this was not a CDD 163
matter, he gave the caller JKM’s name and phone number. Ms. Cerbone was unaware of 164
anything happening, including the letter, until she received a call from the Developer’s office 165
asking her about the letter and what she knew about it. She explained to the Developer about 166
Mr. Szymonowicz’s prior call, the information that was provided to the County and that her 167
office gave out JKM’s information and phone number. She also ensured that Ms. Wald had a 168
copy of this letter and advised the Developer that they needed to take a close look at the letter, 169
since it did not warrant any type of reply from the District, as the District was not a party to this, 170
OSPREY OAKS CDD November 6, 2017
6
did not need to respond to it nor monitor it. She does not know what happened after that phone 171
call. 172
Mr. Flaherty stated that the disclosure was attached to the first page of the Sales 173
Agreement documents; it was County requirement that, in order to have a CDD, it must be 174
disclosed to the new home buyers. In resale situations, Realtors were not divulging this 175
information and believed that they do not have to. Mr. Wald confirmed that Realtors do not have 176
to disclose the information, by law. Mr. Flaherty stated that the disclosure only pertained to new 177
home purchases but he believed that some new home purchasers did not receive the disclosure. 178
Mr. Fuchs contended that “we” are not in compliance with the requirement. Ms. Wald stated not 179
“we”, as in the CDD. Mr. Fuchs stated that the Builder was not in compliance. Ms. Wald stated 180
that this matter was for the Builder; it was not a CDD responsibility. If anyone contacted 181
Management regarding this matter, Ms. Cerbone would direct them to contact their Builder, 182
Developer and/or Seller. Ms. Wald clarified that the Seller of the property would be the 183
responsible party. 184
In response to questions, Ms. Wald confirmed that it would not be a conflict of interest 185
for a CDD Board Member to run for the HOA Board and it would not be a conflict of interest for 186
more than one CDD Board Member to serve on the HOA Board together, provided that they do 187
not discuss CDD business. 188
189
TENTH ORDER OF BUSINESS Adjournment 190
191
There being nothing further to discuss, the meeting adjourned. 192
193
On MOTION by Mr. Ratkowski and seconded by Ms. Naim, 194
with all in favor, the meeting adjourned at 7:00 p.m. 195
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[SIGNATURES APPEAR ON THE FOLLOWING PAGE] 203
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OSPREY OAKS CDD November 6, 2017
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___________________________ ____________________________ 213
Secretary/Assistant Secretary Chair/Vice Chair 214
