Community Development District 3 supervisors split 3-2 Friday on the maintenance responsibility of the Hawkes Bay and Saddlebrook retention areas.
It was the culmination of a long discussion and even lengthier legal research into the construction and ownership of the retention basins dating back to 1998.
The original intent was for the Osprey and Trough Storm Water Basins located north of County Road 466 to be turned over to CDD 3 which paid for their construction. However, the proper documents were not executed which meant that CDD 3 did not technically own the two ponds, but rather they were owned by the Village Center Community Development District. This came to light fairly recently.
District counsel Valerie Fuchs’ legal research into the matter included going back and reviewing minutes and agendas from board meetings from May 22, 1998 to Dec. 1, 2000 and listening to audio cassettes from meetings from September 1998 to March 2000.
At stake was the annual maintenance cost of $2,919 for the two ponds dating back 15 years.
CDD 3 Chairman Charles Cook had made it clear for months that he did not believe the residents of CDD 3 should be saddled with the past or future costs of the maintenance.
“I don’t want the residents of District 3 taking on the maintenance of this,” Cook said.
But fellow CDD 3 Supervisor Gail Lazenby disagreed.
“I have a problem trying to take advantage of a mistake,” Lazenby said.
Supervisor Bill Ray made a motion for CDD 3 to take over the responsibility for maintenance of the ponds and to pay to have the documentation corrected. His motion was seconded by Lazenby. Supervisor Tilman Dean joined them in voting in favor of the motion.
Cook and Supervisor John Goetz voted against it.
The likely next step is approaching the Amenity Authority Committee which has indicated it is willing to consider the possibility of sharing the costs with CDD 3.