MINUTES OF MEETING

NORTH SPRINGS IMPROVEMENT DISTRICT

The regular meeting of the Board of Supervisors of the North Springs Improvement District was held on Thursday, August 9, 2007 at 4:30 p.m. at the District Office, 10300 NW 11^th Manor, Coral Springs, Florida.

Present and constituting a quorum were:

Salvatore J. Mendolia President

Steve Mendelson Secretary

David L. Gray Supervisor

Also present were:

Ed Goscicki Interim Manager - Severn Trent Services

Dennis Lyles Attorney

Jane Early Engineer

Shawn Skeehan CH2M-Hill

Nick Schooley Field Superintendent

David Wolf WCI Communities

Rebecca Smith WCI Communities

Numerous Residents

FIRST ORDER OF BUSINESS Roll Call

Mr. Goscicki called the meeting to order and called the roll.

Mr. Goscicki stated I assume most of you are here for item three, which is the public hearing to consider adoption of the Heron Bay Commons Budget. NSID is a governmental entity; not an HOA or club. We request you abide by the rules of civility, which you use for any public forum or entity. There are two opportunities for the public to participate. Not every item is open for discussion. We will open the public hearing and give a brief presentation to the Board and then take any questions or comments from the public. I suggest we keep comments from the audience to no more than two to three minutes because we have a number of people here. Please identify yourself when you speak with your name and address for the record.

A resident asked will copies of the minutes be distributed?

Mr. Goscicki responded if they are not distributed, we can provide copies by email. If you wish to have a copy, please let me know. We keep detailed minutes of all meetings.

SECOND ORDER OF BUSINESS Approval of the Minutes of the July 19, 2007 Meeting

Mr. Goscicki stated each Board member received a copy of the minutes of the July 19, 2007 meeting and requested any corrections, additions or deletions.

There not being any,

On MOTION by Mr. Gray seconded by Mr. Mendelson with all in favor the minutes of the July 19, 2007 meeting were approved.

THIRD ORDER OF BUSINESS Public Hearing to Consider Adoption of the Heron Bay Commons Budget for Fiscal Year 2008 (Resolution 2007-7) and Levy of Non Ad Valorem Assessments (Resolution 2007-8)

Mr. Goscicki stated at the last meeting, we presented the Heron Bay Commons Budget, which included three alternatives; the basic budget, keeping assessments at the current level and two alternative budgets providing for the addition of four tennis courts at The Heron Bay Commons. The current cost for this project is $750,000. The District has $250,000 in available funds but we need to borrow additional funds in order to proceed with this project. Because the borrowing of additional funds resulted in an increase in assessments, we were required to go through the public notification process, which we did to all affected residents identifying the assessment amount if we moved forward with this project. At the Board’s request, we looked at multiple alternatives. If we do not build the tennis courts, then the assessments will remain the same and we will be able to keep our budget within the current assessment levels. One alternative is a five year payback schedule as well as a two year payback. The impact of doing the five year loan will increase the assessment from the current level of $215 per unit per year up to $287.26 per unit per year or a $72 increase. The 10 year alternative will increase the current assessment of $215 to $256 or an increase of $41. To summarize, the alternatives are:

1. Not to move forward with the expansion of the tennis courts and not increasing the assessments.

2. Move forward with the expansion of the tennis courts with either a five or ten year financing.

Mr. Goscicki stated at this time, we will officially open the public hearing.

Mr. Darrell Miles stated I live at 8247 NW 107^th Terrace in Creekside. I am the Chairman of the Creekside Neighborhood Committee. I spoke to many people who are for and against this expansion. Most people who were opposed told me they do not play tennis, which is the main reason why they were opposed. When the Improvement District took over the responsibility for this endeavor years ago, they knew what the ultimate size Heron Bay was going to be. There were a finite number of homes but this may have been adjusted slightly. I think it is wise to consider a 10 year payout as there are 2,300 homes and they anticipate having over 3,200 homes at build-out. I think this is wise for our property values and the ability to sell our homes later on. I do not think there is an issue of whether or not you use the tennis courts. I never used the pool at The Commons but I will pay for the privilege. We all bought into Heron Bay knowing about The Commons, which we pay for through our HOA. It is just a matter of keeping up with the growth and meeting the obligation to provide this service. Doing it for less than the price of a meal once a year for my wife and I seems like a small amount to pay.

Ms. Linda LaRue stated I live at 7838 NW 111^th Way in Greenbrier. Is this a lump sum bid job where cost overruns can occur?

Mr. Wolf responded the job was fully contracted less the de-mucking.

Ms. LaRue asked was a usage study done or do we have hard evidence this is going to be useful to the community?

Mr. Goscicki responded I am not aware of a usage study. The project was precipitated based on input from the community through the HOA and Board meetings. There has been a great deal of discussion over the years on this matter and it was initiated through community input; not through unilateral action of the Board.

Ms. Donna Greyson stated I live in Meadowbrook. I have not been to any of the Board meetings before but from talking with several people regarding the issue with adding new tennis courts, people are having problems getting tennis courts available. There is a certain part of the day when the tennis courts are not available but I never had a problem getting a tennis court and heard no complaints from my neighbors. My understanding is there is a part of the day when the tennis courts are overbooked by people who do not live in Heron Bay. Apparently they are being reserved by Heron Bay residents and used by their friends. I do not see why we as Heron Bay residents should be paying for usage or over-usage by people from the outside.

A resident stated I think she is talking about leagues.

Mr. Smith stated I am the Club Manager. In order to reserve a tennis court, we require 24 hours notice. A resident has to call in. They are allowed up to one guest per resident per tennis court, during the busiest time of day, which is 8:00 a.m. to 11:00 a.m. They are not allowed to bring guests in on the weekend. We require them to check in by an honor system. They are better about checking in. We have tennis pros as well as maintenance personnel checking to make sure residents check in. We questioned people we do not know. The peek time for usage is in the morning from 8:00 a.m. to 11:00 a.m. but it is also busy in the evening. If you come into the gym between 1:00 p.m. and 4:00 p.m., there is no one there. Even in the summer, we have a wait list.

Mr. Goscicki stated the Board had discussions with regard to access, who has access and how we manage this access. Regardless of the outcome of this budget, this Board has committed to tighten up the rules and regulations and formalize through a public process and get them codified in the public forum. Regardless of what happens here, this process is something the Board is committed to and will be working on this year.

Mr. Mendelson asked did we discuss at another meeting, the fact of these tennis courts being open to the public and we cannot restrict anyone from coming in?

Mr. Wolf responded I wish to answer this question. I am the Senior Project Manager of Heron Bay and President of my HOA as well as a resident of Heron Bay. There have been many legal inquiries as to whether or not this is a public facility. There have been a number of opinions over the last five years in regards to who is paying the bills, who is repaying this non ad valorem tax and who has access to this facility. Therefore, I caution you to be careful before saying it is or is not a public facility. This issue has been brought up and has gone down the legal road a number of times. The only reason we are in the room today as a group is from early on, it was always my understanding as well as Ms. Smith, the HOA and the developer’s understanding, when the budget was initiated, there was a general belief the money remaining on the initial bond was sufficient to cover the project. With this being the case, there was little or no objection in the community to once again, increase the numbers of tennis courts at our facility. Three years ago, we added four courts.

When this came up again, as a developer we were excited. It certainly does not hurt us from a sales perspective to have additional tennis courts and additional capacity. As a resident, I was thrilled about this because it did not hurt us to have more hard/clay tennis courts. As President of the HOA, we thought it was in the best interest of the residents to have additional capacity for our peak hours. In addition, I believe the reason we are here today, by no intention of previous management, we had a miscommunication in moving forward on this project with the overall population believing the courts were on a forward tract due to the fact there were additional bond monies available through the initial bond.

Mr. Goscicki stated you are absolutely correct in terms of the assumptions but for the record, as of October 1^st, Severn Trent Services will do all of the accounting for this District with our own staff. This is why we are here. There was a presumption there were sufficient funds. However, as we delved into this further, we discovered there were not sufficient funds and this will require short-term borrowing to create sufficient funds and hence, provide notification. Regardless of how we got here, this is where we are. I do not think anyone was trying to do anything funny or slip anything through. The belief was there were sufficient funds in the original bonds to build this facility. This turned out not to be correct and we needed additional dollars.

Mr. Mendolia asked are you saying WCI wants extra tennis courts and are agreeing to them no matter the cost?

Mr. Wolf asked are you asking me as a representative of the developer?

Mr. Mendolia responded either way.

Mr. Wolf responded it is not terrible for the developer to advertise they have more tennis courts.

Mr. Mendolia stated the reason why I asked this is because WCI will benefit from more tennis courts. The benefit will be incurred by WCI and the residents. I believe at one time, you were not in favor of the additional tennis courts and now you are.

Mr. Wolf stated we had many conversations in the past. If you are asking me as a resident, I agree with Mr. Miles. It does not hurt me as an individual to pay the five or ten year assessment for the overall betterment of the community, if the community feels it is in their best interest. I will not fight it. I will pay my bill, just like everyone else. As the President of the HOA, it is my duty and obligation to present what is occurring in the neighborhood to the residents so they can attend, come here and state their opinions and have the Board figure out what they want and do what they want because it is their community. This is my position as President of the HOA. As the developer, I have another 800 homes to sell and it does not hurt me to have more tennis courts. The developer is not participating in the cost of these courts and they will be a benefit on the backs of the homeowners. The developer agreed to de-muck and supply the fill for these tennis courts.

Mr. Mendolia stated this is new.

Mr. Wolf stated no, it is not new. It has been Ms. Early’s position all along that I was participating. Is this portion contracted at this time?

Ms. Early responded no. We brought it to the Board and the Board refused.

Mr. Wolf stated this was a fully contracted job. Was it not?

Ms. Early responded the job was fully contracted. When we bid the job, a question came up about how much muck was there. All of the developments were de-mucked. However, once we got out there, we were sinking in the muck and found out there was a disposal fee from WCI. From what I understand, behind the courts there was just a field where additional muck was spread to get rid of some muck. Now there is 18” of muck. The contractor feels he was misinformed, which he was.

Mr. Wolf stated I still stand by the position WCI was willing to participate.

Ms. Early stated I appreciate it. I went to Mr. Berry and he came back to me and said “We do not have the money”. He said he had a place to dispose of the muck.

Mr. Wolf stated I will stand by my position as the developer and Senior Project Manager for WCI to participate in the de-mucking of the property, providing there is enough support to proceed with the additional tennis courts. If there are no further questions from the Board, I believe I have gone on the record both as a homeowner and President of the HOA as well as the developer and my position is clear to everyone in the room.

Mr. Mendolia asked does WCI have any intention of donating money towards the tennis courts?

Mr. Wolf responded I cannot answer. This is a project benefiting the developer. It does not hurt the developer if it does not go forward.

Mr. Mendolia stated we are putting a burden on the residents by paying $75. WCI is going to benefit even more than the residents and they should donate some money towards it.

Mr. Wolf stated it is not my place to put a burden onto the residents. It is my position to notify them so they can come here.

Mr. Mendolia stated you need to go back to your boys at WCI and say, “We are going to benefit more so we should pay”. They do not have to give a big amount.

Mr. Wolf stated it is not a good time to discuss this.

Mr. Goscicki stated the developer and the community needs to understand whether the lots are unsold or sold, the residents are still assessed. You are still being assessed for the parcels you own such as the developer is paying their share against those properties.

Mr. Wolf stated I cannot speak to what our assessments are on undeveloped land. My first position is as a resident and second as President of the HOA. I believe I did my fiduciary responsibility.

Mr. Goscicki stated I am speaking as the person who puts together your Assessment Rolls. It is a bill coming due and has come due in the past. This is the way the Assessment Rolls are sent out. You are paying a proportionate share on platted undeveloped properties.

Mr. Wolf stated the developer pays those assessments because this is what the residents want.

A resident stated as the President of the Association, you should have a survey done with the residents to get their opinion.

Mr. Wolf stated as the President of the HOA, I was instrumental in making sure the residents could have their voices heard at a public hearing. It is not my responsibility to have a survey done. It is the responsibility of NSID. As the managers of the facility, if NSID wanted us to do this survey and pay us to survey the residents, we are happy to do so.

The resident stated a survey was sent out a year ago asking the residents what they wanted the developer to do with the land. They mentioned numerous ideas such as tennis courts or a ballfield. Do you have the results of this survey?

Mr. Wolf responded I caution the use of a survey in a mailed format as I believe it is only an opinion of the active residents and the residents who wanted to take the time to fill the survey out. The actual form for deciding whether or not the residents of our community want to spend money to improve the tennis courts is not the responsibility of the HOA or the developer. It is the responsibility of NSID because they are moving forward with the contracts for this work. We are happy to participate in any way, shape or form to help you determine the true response of the community. When you have meetings; whether they are budget meetings, hearings or public opinions, you are going to get both ends of the spectrum in small percentages. You are not going to get a true feel of what the community actually wants because the apathy of 2,200 homeowners is fairly strong.

Mr. Goscicki stated this is the legal forum. Public notice went out to every affected property owner.

The resident asked what was the original design criteria and plan for the tennis courts as a master planned community and what number were you aiming for based on the total build out?

Mr. Wolf responded I believe the original number was 10, which were built. Then the developer realized they were short and there was still bond money left and increased the number by four. I do not believe there was any study done to say four was the magic number. We still may have too many tennis courts or not enough. There is no one in this room who can scientifically tell you whether we have the right number of tennis courts. Furthermore, no one in this room was opposed to additional tennis courts when the money was leftover in the bond. Are you a resident of Casa del Sol?

The resident responded yes.

Mr. Wolf stated I did my fiduciary responsibility both from the developer’s perspective as well as from a homeowner’s perspective. I leave this in the good hands of the people who live in Heron Bay who I sold homes to. They are the people who need to decide what is going to happen with their money. I am done talking.

Mr. Mendolia stated thank you.

Ms. Marguerite Condon-Nucatola stated I live at 11539 NW 72^nd Place in Bay Cove. I wrote a two page letter to the District where I discussed everything brought up today. My husband and I both play tennis. My husband is an avid tennis player but we do not want more tennis courts. He plays at the club and at state parks. We are both retired and living on a fixed income. The past two years have been trying for all of us from the standpoint of the hurricane and assessments. WCI is interested in building more tennis courts because it will bring buyers in for all of these homes. WCI has a build-out plan for 3,000 homes and I feel they are going to benefit more from expanding the tennis courts and they should ante up. This is a moot point until we know how much money they are going to ante up. If they ante up enough money then I want more tennis courts, but not at the expense of having us live a lifestyle my husband and I did not bargain for.

Mr. Goscicki stated this budget is one of six budgets within NSID. Five budgets were approved last month at a public hearing where very few people attended. It is important for the community to understand there were no increased assessments in any of the other budgets. There is a public hearing next month on the Water and Sewer Budget and there will not be any increase in the water and sewer rates. Of all the budgets within NSID, this is the only one with an increase. I wanted to put into perspective this Board has been clearly hearing the message from the community to keep the rates and assessments down and not to increase assessments.

Mr. Wolf stated WCI did not build or invest any money into The Heron Bay Commons. It was strictly built on bond money. WCI did build a $12.5 million plus clubhouse, which we just deeded over to the HOA. WCI never participated in Heron Bay Commons.

Mr. Goscicki stated I am not in the position to go into the history of funding NSID on the split of bonds. We can spend four hours on this discussion alone. Let’s stick to the issue at hand.

Mr. Robert Nucatola stated four tennis courts were added last year to what was already there. Now they are talking about adding four additional tennis courts. I do not think it is going to do anything. You are still going to have the same problem with people coming to play tennis in the morning because it is cooler. No one wants to play in the afternoon. They also want to play when they come home from work, which is understandable. I do not think it is going to add any benefit, especially when people are losing their homes. They cannot afford to pay their assessments now and we are increasing the assessments.

Mr. David Philbrick stated I live at 5866 NW 123^rd Avenue. I do not play tennis. I know it is not a lot of money for the tennis courts but I do not feel it is necessary at this time. We can probably use this money somewhere else. I do not feel it is worth raising the assessments for additional tennis courts.

Mr. Don Morris stated I live at 6381 NW 120^th Avenue in the Falls. I am not a tennis player. We thought the money was there to build the tennis courts for free but since there is no money and we are going to have to carry the burden, I do not think the project would have gone as far as it has today if the homeowners knew from the beginning that there was no money in the budget. The only players who use the tennis courts are in leagues and some of those players come from outside of Heron Bay. I do not want to subsidize outside players so the leagues get bigger. There are other places for these people to play. I am definitely against this expansion.

Ms. Mary Morris stated I attended most of these meetings. Can you explain who made the decision for the additional tennis courts? I heard rumors and cannot get educated by rumors.

Mr. Goscicki responded the decision was made by the Board. The issue was brought before the Board.

Ms. Morris asked by whom?

Mr. Goscicki responded staff of NSID.

Ms. Morris asked who brought it to you?

Mr. Goscicki responded I was not here and do not have the details. It was based on community input but I cannot tell you where this input came from. The Board was moving forward on the premise there were sufficient funds. When we found out there were not sufficient funds, the Board stopped the project.

Ms. Morris stated I was under the assumption another Board made the decision on the tennis courts. However, this can be a rumor.

Mr. Mendolia stated in prior meetings, we heard the residents wanted more tennis courts. I pushed for the tennis courts and went along with this, subject to the funding being available. I was told there was money available and said, “If you have the money, let’s do it” as WCI is going to benefit on the sale of homes. The residents are definitely going to benefit, because if even one more tennis court is built, this is one more tennis court someone could be using. People will use them and if they do not use them, they will be there. Then we found out there was no money available.

A resident stated this is why we are here.

Ms. Judith Gravel stated I live at 5708 NW 125^th Terrace. I am totally opposed to either a five year or ten year amortization on whatever is borrowed against the bonds. We agreed to the initial amount of 10 tennis courts and four additional tennis courts, if money was available. In order to have four additional courts, it will cost us additional money. Some residents are on a fixed income. It is difficult for some of us to come up with an additional assessment, which we have to pay our homeowners insurance and association fees. We had to pay a hurricane assessment and are still trying to recover from our hurricane damage. Therefore, I am opposed to the expansion and additional assessment.

Ms. Phyllis Sandow stated I live in the Estates at 1250 NW 66^th Drive. When NSID turns over property to WCI, do they pay you or if it is a lease, is it handed back to WCI?

Mr. Goscicki responded NSID owns these assets and did not turn them over to anyone. There is a Management Agreement between NSID and the HOA to manage the facility. The HOA contracts with WCI to manage the property.

Ms. Sandow stated so you own the property.

Mr. Goscicki stated correct. If not, it will be the homeowner’s problem.

Ms. Sandow stated in other words, we are paying to improve your property, of which someday the government may sell it. This is our money to improve your property.

Mr. Goscicki stated NSID is your local government. This is a governmental entity, which you are citizens of.

Ms. Sandow stated then it is truly governmental property.

Mr. Goscicki stated correct.

Ms. Grandale stated even though I rarely go out, I do not want to pay for something I do not use. We do not pay for the racquetball courts or the pool.

Ms. Elaine O’Neill stated I live at 5818 NW 119^th Drive. I want to thank the Board for inviting us to an open forum. It is amazing to see how many people do not understand your rules or even ours and the theory of “our money” or “your money”. My understanding is it is all of our money. Even if there had been enough money in the reserve and there was no need to come to the residents, it was still our money. I feel any large reserve should be brought to us. This should not have gone as far as it did and there have been a lot of changes within your Board. I am not holding anyone responsible. However, there are so many problems. The major problem is the scheduling of the tennis courts. I fully emphasize with those who want the tennis courts because we have been hearing for years “Yes there are going to be more courts and yes we have the money.” We do not have the money but we will. Even with the Board, there has been confusion. Since we are going to the residents for the money, people are overwhelmingly opposed to it. I have a petition from 300 people opposing the expansion. I received calls from people who are on vacation and could not be here who felt passionate about this expansion not moving forward. We need to stop this project and do more research. There are other solutions such as going to similar communities to see how they fund their tennis courts. We are all neighbors and want to enjoy our community. We do not want things to be brought up to us in this manner. Please look at the petition and into other alternatives. We have to learn to live with what we have. It is not the right time.

Ms. Lila Pagano stated I live at 5817 NW 120^th Avenue and I oppose the expansion.

Ms. Sylvia Bland stated I live at 12655 NW 67^th Drive. I have a problem with the Board saying “They came to me” or “Some came to me”. I want to know who the “some” are as you have over 2,000 homes in here. Looking at the amount of people here and the amount of signatures on the permit, which we were able to get in such a short amount of time, the majority are against this expansion. Where are those people who are in favor of the expansion?

Mr. Mendolia responded there are people here approving of the expansion. At the meetings we discussed what we were doing, the tennis people were here.

Ms. Bland asked was all of this stated in an email; in regards to the new tennis courts and the assessment? The first time I heard about this was in the letter I received from the CDD.

Mr. Goscicki responded the Board meets monthly and there is a public advertisement placed monthly notifying the community about Board meetings. This is the legal advertisement you see along with all of the other local government advertisements. We do not get a great deal of participation unless the community has an issue they want to bring to us. In a situation like this where we are increasing assessments, we are required by law to provide individual notification to the residents to make sure we get public input. If we are not increasing assessments, we are still doing monthly notifications. These are all open public meetings like this one. However, when we are in this type of situation where we are saying, “We want to dip into your pocket” we notify everyone individually by first class mail.

Ms. Bland stated since you were able to send a letter to me and everyone else, when you individually had people come to you and say they needed additional tennis courts, Mr. Mendolia proceeded to say, “Let’s get this going”. A letter could have been sent out saying there was a discussion about adding more tennis courts, which may be an additional cost to the residents and we could have had an open forum and saved all of this time and stress.

Mr. Goscicki stated I appreciate your concerns. I do not want to sound arrogant or flippant, but this is a representative government and your Board members are elected to represent you. This is the same as your City Council or County Commission or state representatives. None of those governments send out for every issue coming before them, public letters to every resident saying, “We are considering this matter and want your personal input”. They will never get any business done. There are issues coming before this Board every month, which have financial impact and if it works within their budget and do not have to increase this budget or raise the revenue, they do not have to send out public notification. The safe gap for all of you is if we need to raise assessments, we go through this extraordinary measure of sending out letters saying, “We are going to raise the budget”. Even though we give you notification and put public hearing notices in the newspaper, we want to make sure the residents have the opportunity to give their opinions. It is important for all of you to understand, this is your opportunity. No decisions have been made going forward to raise your taxes without your input.

Ms. Bland stated I oppose the additional tennis courts.

Ms. Maria Hough stated I do not want four additional tennis courts.

Ms. Jill Boca stated I live at 2113 NW 123^rd Avenue. I am totally against having membership fees for tennis. I do not play tennis but my husband does. We bought into the community because we were told this was a tennis community and had tennis courts. I do not use the two pools I pay for. There are people who do not use the gyms or walking path. I do not think we can choose one amenity and say, “You have to pay for it if you use it”. Then you will have to pay for every amenity you use and I do not think this is what Heron Bay is all about.

Mr. Gary Magrau stated I live at 7706 NW 128^th Avenue in the Vistas. Mr. Goscicki said there was a contract for $750,000.

Mr. Goscicki stated correct.

Mr. Magrau stated he said $250,000 was available to be used against this contract.

Mr. Goscicki stated correct.

Mr. Magrau stated then we are only looking at spending $500,000.

Mr. Goscicki stated correct.

Mr. Magrau stated when I take the assessment of $70 per year and multiply by 3,000 units, this adds up to $200,000 per year. Over five years, this will cost us $1 million for $500,000. Is this correct?

Mr. Goscicki responded part of the assessment was for maintaining the reserve funds. Instead of drawing down the last $200,000, we will keep some funds in reserve for other contingencies.

Mr. Magrau asked what will the reserves be used for?

Mr. Goscicki responded for ongoing maintenance and renewal and repair of the Heron Bay Commons infrastructure.

Mr. Magrau stated maybe the people who play tennis or control the leagues at The Commons can work harder to get some extended playing time. Perhaps they can play until 1 p.m. instead of 11 a.m. I also understand there are many league players who do not live in Heron Bay. I am concerned if the reason we are putting in more tennis courts is because the leagues need more playing time. I should not have to pay for the people on the leagues who do not live in Heron Bay.

Mr. Goscicki stated rescheduling issues are HOA issues. The issue of who gets to use the tennis courts will be something we will be taking up later this year.

Ms. Christian Gentille stated I live in Bay Cove. I am against the expansion of the tennis courts and the assessment for all the reasons stated.

Mr. Paul Gentille stated I live at 7293 NW 116^th Way in Bay Cove. There are 70 homes in Bay Cove. I have been the President since 2003. This is a sad situation. I concerned knowing Heron Bay and how beautiful it is and what it brings in its amenities. It is the top home area around outside of Parkland Golf and Country Club, which is just starting to build homes. I am ignorant about the tennis issue. I do not play tennis. I go to LA fitness instead of using The Commons gym. I do not know how many people use the tennis courts and how many are homeowners. I heard many times outsiders are allowed to use The Commons because it was paid with public funds. We have a bond until 2015. I am concerned we have more than 20% of our homes going up for sale. Those who cannot sell them are renting them. In my development, I do not know anyone who plays tennis. I am not against funding it as I never questioned anything WCI has done or any increase. We pay the bond money on our taxes, which is $1,084 every year. They never told me I had to pay assessments when I moved here but they asked me for the money. We are going through a time where everyone is hurting. I am on a fixed income and every little increase hurts. We can try to set up better reserves for the future to facilitate the clubs and maybe put some money aside every year. If you have to increase the assessments, can you assess us for one tennis court instead of four? I will support it. I am currently against assessing for four tennis courts and suggest tabling this item and revisiting it at a later time. I heard some rumors about WCI wanting to refinance the bond. I know this is legal. Have you heard this? I do not think this is the right thing to do because it will make some residents upset.

Mr. Lyles responded they do not have the ability to refinance the bond. However, this Board has the ability to at a public hearing like this.

Mr. David Graff stated I live at 12580 NW 76^th Street in the Vistas. I am apparently one of the few resident tennis players. I have to compete for a court, but mostly on the weekends. I try to play in the primetime. Many good things have been said on both sides. We are a community and it is to our advantage if we sell our home. We do not know whether this person will be a tennis player or not or what their interests are. We did not vote separately on the gym and pool. It is a concern we simply singled out tennis. I do not know if this was because this was the last item in the budget to be done but it is creating some dissention in our community. We are putting neighbor against neighbor. I personally want to see more courts but not at the expense of hard feelings from our neighbors.

Mr. Everard Lee stated I live at 12602 NW 66^th Drive in Waterford. I am on the Board of the Waterford HOA. Like the Bay Cove community, 20% of our homes are for sale. On NW 65^th Court, four homes in succession are under foreclosure. The Board demonstrated fiscal responsibility over the other budgets and it is not necessary for us to be here because you already approved it without any additional assessment. If we can demonstrate the essential need for these four additional tennis courts, I will not object as for a great number of us, this is a small amount going forward. However, the way this was done, does not sit well with many of us. I did a survey and I can tell you changes need to be made. The players need to sign in with their name and lot number. We should never have guests playing on the tennis courts between the hours of 8:00 a.m. to 11:00 a.m. Monday through Sunday. I know it is not your prerogative to have them change the procedure, but perhaps this should be discussed.

Mr. Anthony Ragusa stated I live at 12577 NW 65^th Drive in the Estates. As you can see by the number of residents here tonight in this forum, most of us do not want the additional tennis courts.

Mr. George Jones stated I live at 12587 NW 65^th Drive in the Estates. I am here to voice my disapproval of the additional tennis courts. What I am hearing is a couple of people came to the Board and requested more tennis courts. The Board said “Oh, there is money available so let’s do it”. If we had enough money, we would not have heard about it until they were built. Now there is no money. Because of a couple of residents, you are going to tax the entire community. I am opposed to this. I have a letter from my neighbor who strongly opposes the construction and funding of these tennis courts. Not even a dime. I walk by the tennis courts and I can tell you for a fact, they are not always utilized. Until you can show the residents of Heron Bay that these tennis courts are utilized to a point where we need more courts, you are wasting money.

Mr. Cliff Haye stated I live at 12114 NW 73^rd Street in the Edgewood section of Heron Bay. I want to go on the record for opposing the additional tennis courts. I also have a question with respect to the additional construction budget, used to finance construction of The Commons, which we are paying for. When the bond is repaid and the residents pay the bond off, what happens to The Commons? Does it transfer over to the residents of Heron Bay or does it remain a public property?

Mr. Goscicki responded it remains the property of NSID. The debt service payment you are being assessed will drop off the assessment roll.

Mr. Haye stated so at no time do the residents retain ownership of this facility.

Mr. Goscicki stated the homeowners have ownership. You are residents of NSID, which is a governmental entity. It is like a county park.

Ms. Laurie Jackerson stated I live at 12199 NW 75^th Place in the Greens. I am opposed to this expansion. I took a petition around my neighborhood. One of my neighbors is on the tennis team, which I am fine with but of all the people I petitioned, two did not know what to do with it and everyone else signed immediately. I do not think people are not opposed to the tennis players but about the bond.

Mr. Stuart Bacher stated I live at 12662 NW 68^th Drive in Waterford Estates. I am opposed to the construction of the additional tennis courts. However, I will be in favor, if it could be demonstrated these tennis courts will address the problem of over booking. I believe this is the problem but based on the evidence presented, I still see no valid reason to assume they are needed.

Ms. Teri Jablow stated I live at 5733 NW 121^st Terrace in Villa Sorrento. I walked around to obtain signatures because many people complained they could not attend this meeting. We did not get many signatures because we only did this in two days. The Board should send a letter to every homeowner asking them whether or not they want the additional tennis courts.

Mr. Goscicki stated we already addressed this question.

Ms. Jablow stated people are going to buy in Heron Bay whether or not you have extra tennis courts. I walked by the tennis courts and there are times when they are totally empty.

Ms. Rosemary Brewster stated I live at 12425 NW 62^nd Court in L’Hermitage, which is opposite the tennis courts. Unfortunately I am not a tennis player but I love walking my dog with my husband through the tennis courts any time of the day. The time of day we see the most players is between 8:00 a.m. and 11:00 a.m. There are beautiful evenings when we take the dog for a walk and I assure you, those tennis courts are not at full capacity. When we have good weather in the wintertime, they are not used. Therefore, I am opposed to the expansion. I want to see a record of how often those tennis courts are being used and a ratio of people who play against the number of people who do not play.

Ms. Mary Serianni stated I live at 5808 NW 120^th Avenue in Tuscany. I am against the expansion.

Mr. Gerry Cohen stated I live in Heron Isles. Has anything been done to see what impact the expansion will have on someone’s property such as the lights from the tennis courts shining on homes?

Mr. Mendolia responded not to my knowledge.

Ms. Early stated I visited someone who lives on the edge facing the tennis courts and the lights do not affect them.

Mr. Cohen stated the noise affects them. I think the extra tennis courts are completely unnecessary. I live in Casa del Sol and drive past them 400 times. They are always empty. Perhaps we can see how many people are for and against the courts. I noticed many improvements were made to The Commons.

Mr. Mendolia stated correct.

Mr. Cohen asked were they already paid for or will this be a separate assessment?

Ms. Early responded they were already paid for.

Mr. Glenn Fine stated I live in Heron Cove. It seems like the tennis people are asking for something unreasonable. If I went to the Heron Bay golf course and wanted to play golf at 9 a.m., I cannot get a tee time until Noon. This does not mean I should ask Heron Bay to build another 18 holes so I can play golf. This is what happened here. When we purchased in Heron Bay, the documents clearly stated how much money will be assessed because of the bond issue. The residents will be proportionately paying for the life of the bond for the construction and maintenance of The Commons. It did not say anything about expanding it. If the money was there, fine. We already agreed to pay for it. However, if the money is not there, we should not do something because a few people came to the Board and said they wanted it. It is ridiculous. I hate for this to sound disparaging but this is a governmental entity and $46 million was spent to buy a piece of land to build a high school, which will sink if it is built on. The Board is sitting here saying, “We went ahead and contracted before even knowing whether there was money available”. It is your responsibility to know whether or not you have money before entering into a contract.

Mr. Mendolia stated at the time, we were told the money was there.

Mr. Fine stated the money is not there so there should not be any discussion.

Mr. Goscicki stated the Board stopped this project and it is not moving forward. It will not move forward unless this Board votes to increase the assessments to fund this project.

Mr. Mendolia stated we did not have the money and this is why we are going through this.

Ms. Karen Mazurek stated I live at NW 120^th Terrace. I am the Chairman of the Tennis Committee. I apologize to the residents for being misinformed. I approached the Board a couple of months ago requesting more tennis courts; not the Tennis Committee. You need to understand there are hundreds of people playing tennis. I am here to tell you the supply does not equal the demand. It is not just in the morning. We have juniors and over 80 families participating in our junior program and hopefully we are going to continue growing this program. We also have the men’s program as well as a slew of social players. WCI can present log after log to show you where residents are being denied tennis courts. The reason why I do not have this room filled with more people is because we are fighting uphill a couple of negative people who apparently misinformed you. I personally apologize. I am asking all of you to think outside the box because “The supply does not equal the demand”. It will only cost us $40 over 10 years and we will be back here again when those homes are built because you are saying the homes are not selling because of the tennis players. I can specifically tell you 15 people on tennis leagues sold their houses in Coral Springs to move across town to Heron Bay. WCI just spent over $12 million to improve the Fitness Center and they never asked me if I ride the treadmills. I do not ride them, yet we are all paying for them as residents. There is a unique relationship in which NSID owns the property we are here discussing. It is a different forum. Quite frankly, these are public courts. It is no different than if your children play little league at a park. The people who live around the park are paying for use of the facility, just like you and I are paying for The Commons. The voice is louder than just the negative. I apologize to the Board because you always tend to hear the negative. I read this in the minutes every month. Every time I am here, we are always here to tell you what happens. I am asking the Board to please meet the demand. Today the assessment is only going up by $40. If the Board does not approve this expansion, we will be back here in five years and it is going to cost us more than $40. Thank you!

Ms. Rita Hoesing stated I live at 12441 NW 62^nd Court. Ms. Mazurek has said it all. Many of you were misinformed about what occurs on the tennis courts because you do not come out between 8 a.m. and 11 a.m. A resident said many people come in who are not residents of the facility. When we play in our leagues, we usually reserve five tennis courts at least one day a week. Every court at least has two residents on it and two guests. Technically this is legal because each resident has a guest. We are not abusing its use. Personally, I do not recall ever hearing this was a retirement community. I bought into this knowing it was a luxury community, which means I expected to pay fees, whether there was a yearly or monthly increase. With all due respect, I know a lot of you are on a fixed income but I learned to budget myself because I want to live in an upscale community and I expect to pay assessments.

Ms. Lynne Rudolph stated I live at 7271 NW 115^th Way. I do not agree with the statements for supply and demand in regards to the tennis courts. I called three weekends in a row on a Friday to reserve a tennis court for Saturday morning and every time I have my choice of any court. I go there with my boyfriend and there is never a problem. If these people do not want to play other than 8 a.m. to 11 a.m. due to the heat, I am sorry. This is just the way it is and you need to adjust your schedule and play during different hours. It is not fair for all the residents to pay higher assessments to accommodate them. Therefore, I am opposed to the expansion.

Mr. Leroy Booker stated I am a tennis player. I was surprised when I saw the sign for the expansion of four additional courts. We did not ask for the courts. If you thought you had the money, where did it go? You have an audit showing the funds were available in February and in July, they were gone. You cannot have a contract without any funds.

Mr. Goscicki stated as we stated earlier, accounting errors were made showing the funds were there. However, the money was not there in terms of the fund balance. It was thought there were more funds available. We are talking about $12 million in expenditures over a multi-year period of time. There were errors made.

Mr. Booker stated I am seeing lack of accountability because you hired WCI to manage your books.

Mr. Goscicki stated this has nothing to do with WCI.

Mr. Booker stated contrary to what tennis players believe, if this was managed better, we would have more time to play. The person who hired WCI should take responsibility. We need to have a voice going back to WCI. It is true we did not need the extra four tennis courts today but five years down the road, we are going to need them as we are going to have 800 more homes being built. This means only one in ten people will play. We should have a long term plan for building more tennis courts in the future. The expenditures needed for resurfacing the pool were used from a settlement received from WCI, which was not approved by us. You have to take a certain amount of expenditures from all of the residents and use it towards the community, not just the tennis courts. There are other improvements we need to take care of.

Mr. Mendolia stated I have been a member of this Board for six years and I do not recognize you. We have meetings once a month. All of the items you mentioned today were discussed at these meetings. We discuss everything including the tennis courts in detail. If you were here every month asking about what happened to the money, we would have answered you.

Mr. Booker stated I am asking about missing funds.

Mr. Mendolia stated I am talking about missing funds and everything else. When you see a problem, you should approach the Board. You do not come six months later and ask, “What happened”.

Mr. Goscicki stated there are no “missing” funds. Let’s get the record straight.

Mr. Booker asked do you know where the money went?

Mr. Goscicki responded yes. This is why we now know there are not sufficient funds for this construction.

Mr. Booker asked can I get some information on what happened?

Mr. Goscicki responded it is called the budget and the annual auditing financial statements. If you came to the meetings when we are having these discussions, you would know. If you want to receive a copy of last year’s annual audit, we are happy to provide it to you as it is available in the next week or two.

A resident stated to be fair to those who work, we cannot get here.

Mr. Mendolia stated we moved the time of our meetings from 3:00 p.m.

The resident stated people work until 5:00 p.m. or 5:30 p.m.