District supervisors examine 'flawed' system

Protocol for soliciting legal opinions might change

By Pam Eubanks
| 6:00 a.m. October 21, 2015

CDD 6 supervisors Susan Ellis, Hank Hofeler and Jim Rogoze discuss Rogoze's actions on behalf of the board. Also pictured is outgoing Town Hall Executive Director Eva Rey.

East County
News

Pam Eubanks

Senior Editor

LAKEWOOD RANCH — They might not have agreed with the process, but they supported the end result.

Supervisors on the Lakewood Ranch Community Development District 6 board voted 4-1, with Jane Bruyer dissenting, to retroactively authorize the payment to attorney Mary Hawk for an opinion regarding the use of the Balmoral Woods Boulevard gate.

The vote was taken Oct. 15.

CDD 6 Chairman Jim Rogoze had hired Hawk in August to determine if the CDD legally could restrict public access through the Balmoral Woods Boulevard entrance to the Lakewood Ranch Golf and Country Club. The CDD board did not authorize a letter of engagement or agree upon costs for services in advance, although Rogoze informed fellow board members in July of his intentions to seek legal opinions on the matter.

Fees for Hawk’s services totaled $5,032.50 for about 18 hours of work, compared with the $2,000 Rogoze had estimated.

Last month, the board ratified Rogoze’s signature for payment to the office of attorney Patricia Petruff for $2,700.

The total cost for opinions, both of which said the CDD could not use the gates to restrict access on a public roadway, equates to $17.45 per household in CDD 6.

In other business

Supervisors curb
overnight parking

Lakewood Ranch Country Club residents and their guests can stop on the side of the road to snap photographs of alligators and other wildlife, but supervisors of the community development districts are taking a stand against overnight parking.

Supervisors of CDDs 2, 5 and 6 voted Oct. 15 in support of a new ordinance that will allow the districts to tow vehicles that chronically violate restrictions against parking on district streets, recreation area parking lots and other common areas overnight. Overnight parking is restricted from 10 p.m. to 8 a.m. for a period of four hours or more. The ordinance also designates certain roadways, including Balmoral Woods and Legacy boulevards and Arnold Palmer Green, as no parking zones.

Meeting notes:

• Supervisors on the Lakewood Ranch Inter-District Authority Board approved contract terms with the new executive director of Lakewood Ranch Town Hall.

Anne Ross, currently Longboat Key’s assistant town manager, starts Nov. 2.

Supervisors approved terms during its regular meeting. Ross’ salary will be $135,000 with an additional $8,000 annually toward retirement.

The contract still must be executed.

IDA Chairman Tom Green said the amount is close to outgoing Executive Director Eva Rey’s $136,500 salary, but the figure is appropriate given Ross’ experience and background.

• The IDA appointed Financial Director Steve Zielinski as the interim executive director until Ross starts in her new role.

• CDD 2, 5 and 6 supervisors approved the use of district roads for the upcoming Take Stock in Children March 6, 2016.

• Operations Director Paul Chetlain reported to CDD 6 supervisors that tire marks on Lakewood Ranch Boulevard, created during the repaving of a section of Balmoral Woods Boulevard, cannot be removed without damaging the roadway.

“It was an unnecessary expense,” Bruyer said.

Bruyer said CDD attorney Andy Cohen wrote an opinion on the same issue about two years ago. “There was no engagement letter,” she said. “We didn’t get to see the scope in advance.”

Outgoing Town Hall Executive Director Eva Rey said the protocol for soliciting opinions could have been better, such as the board authorizing an engagement letter, but Rogoze did not violate any laws.

“The total invoice is under the spending authority of staff,” Rey said. “There’s no requirement to have an engagement letter.”

Supervisor Hank Hofeler said the process was flawed, but he appreciated Rogoze’s efforts on behalf of the board.

As chairman, Rogoze has been working over the summer with CDD 2 and 5 chairmen Pete Bokach and Marty Cohn, respectively, to come to an agreement about sharing the costs for maintenance of roads within their districts. Each district pays for maintaining its own roadways.

The districts have an agreement in place to share costs associated with operating gatehouses, but it is set to renew in November and chairmen hope to have a new agreement in place by that time.

CDD 6 supervisors will hold a workshop at 5 p.m. Oct. 29 to discuss the new agreement.