HAMAL COMMUNITY DEVELOPMENT DISTRICT REGULAR MEETING AGENDA

Transcription

1 HAMAL COMMUNITY DEVELOPMENT DISTRICT REGULAR MEETING AGENDA February 15, 2012

2 Hamal Community Development District 6131 Lyons Road, Suite 100 Coconut Creek, Florida Phone: (954) Fax: (954) Toll-Free: (877) February 8, 2012 Board of Supervisors Hamal Community Development District ATTENDEES: Please identify yourself each time you speak to facilitate accurate transcription of meeting minutes. Dear Board Members: A Regular Meeting of the Hamal Community Development District s Board of Supervisors will be held on Wednesday, February 15, 2012 at 8:30 a.m., at the Briar Bay Clubhouse, 3400 Celebration Blvd., West Palm Beach, Florida The agenda is as follows: 1. Call to Order/Roll Call 2. Approval of December 21, 2011 Regular Meeting Minutes 3. Discussion: Annual Flower Coverage 4. Consideration of Proposal from Kings Management Services, Inc., to Install Landscaping in the Ends of Four Median Islands on Jog Road 5. Defacement of District Property (for informational purposes) 6. Discussion: Banking Account Options 7. Other Business 8. Staff Reports a. Manager i. District Irrigation ii. Unaudited Financial Statements as of January 31, 2012 iii. Approval of Check Register NEXT MEETING DATE: April 18, 2012 at 8:30 A.M. 9. Audience Comments/Supervisors Requests 10. Adjournment

3 Board of Supervisors Hamal Community Development District February 15, 2012, Regular Meeting Agenda Page 2 Should you have any questions, please do not hesitate to contact me directly at (561) Sincerely, Craig A. Wrathell District Manager FOR BOARD MEMBERS AND STAFF TO ATTEND BY TELEPHONE: Call-in number: Conference ID: CW:dg

4 MINUTES OF MEETING HAMAL COMMUNITY DEVELOPMENT DISTRICT A Regular Meeting of the Hamal Community Development District s Board of Supervisors was held on Wednesday, December 21, 2011 at 8:30 a.m., at the Briar Bay Clubhouse, 3400 Celebration Blvd., West Palm Beach, Florida Present and constituting a quorum were: Brian Dowling Chairman Robert Simeone Vice Chairman Steve Pincus Assistant Secretary Ione Senior Assistant Secretary Edward Zakarian Assistant Secretary Also present were: Craig Wrathell District Manager Matt Kozak Wrathell, Hunt & Associates, LLC Roy Van Wyk District Counsel Lisa Feron Resident FIRST ORDER OF BUSINESS Call to Order/Roll Call Mr. Wrathell called the meeting to order at 8:37 a.m., and noted, for the record, that Supervisors Dowling, Pincus, Simeone and Senior were present, in person. Supervisor Manz was not present. SECOND ORDER OF BUSINESS Acceptance of Resignation of Supervisor Jeffrey Manz; Discussion/Consideration of Replacement to Fill Unexpired Term of Office (SEAT 3); Term Expires November, 2012 Mr. Wrathell indicated that a resignation letter was received from Mr. Manz and requested that the Board accept it. Mr. Wrathell noted that Mr. Manz currently serves as Vice Chair and his resignation will create a vacancy; thus, the next order of business will be to elect officers of the District.

5 HAMAL CDD December 21, On MOTION by Mr. Simeone and seconded by Ms. Senior, with all in favor, the resignation of Mr. Jeffrey Manz was accepted. Mr. Dowling asked if a written oath of office is mandatory. Mr. Van Wyk explained that the Board can make an appointment; however, in order for the Board Member to be sworn in, the oath must be recited and executed. Mr. Wrathell clarified that the Board can appoint someone to fill the vacancy and the oath of office can be administered at a later date. Mr. Van Wyk indicated that the administration must occur within 30 days of the appointment and the person appointed will not be able to participate as a Board Member until he or she is sworn in. Mr. Dowling asked if anyone was interested in filling the vacancy. Mr. Edward Zakarian expressed interest and Mr. Dowling suggested moving forward with the nomination process. Mr. Dowling nominated Mr. Edward Zakarian to Seat 3. There being no further nominations, Mr. Wrathell requested a motion to approve the appointment. On MOTION by Mr. Simeone and seconded by Ms. Senior, with all in favor, the appointment of Mr. Edward Zakarian to fill the unexpired term of Seat 3, which expires November, 2012, was approved. Mr. Wrathell indicated that he will provide Mr. Zakarian with a packet of information, which includes a Form 1: Statement of Financial Interests. He advised Mr. Zakarian that this form must be completed and submitted to the Supervisor of Elections within 30 days of his appointment. Mr. Wrathell provided an overview of the documents, as well as an explanation of the Sunshine Law and what constitutes public records. Consideration of Resolution , Electing the Officers of the District Mr. Wrathell presented Resolution for the Board s consideration. He explained that he typically serves as Secretary and Treasurer, which enables him to execute documents on behalf of the District, as well as being a signer on the District s bank accounts. Mr. Dowling suggested keeping the existing slate of officers and nominated Mr. Robert Simeone to serve as Vice Chair. 2

6 HAMAL CDD December 21, On MOTION by Ms. Senior and seconded by Mr. Pincus, with all in favor, Resolution , Electing the Officers of the District, with Mr. Dowling as Chair, Mr. Simeone as Vice Chair, Mr. Wrathell as Secretary and Treasurer and the remainder of the Board as Assistant Secretaries, was adopted. THIRD ORDER OF BUSINESS Discussion: Board Member Compensation Mr. Wrathell explained that the statute allows for compensation to each Board Member in the amount of $200 per meeting, for a maximum of $4,800 per annum. FOURTH ORDER OF BUSINESS Approval of November 16, 2011 Special Meeting Minutes ***This item, previously the Sixth Order of Business, was presented out of order.*** At the request of the Board, Mr. Wrathell indicated that approval of the minutes will be placed at the beginning of the agenda, going forward. Mr. Dowling pointed out the meeting minutes are now in summary format, as opposed to transcript format. Mr. Wrathell confirmed that the digital recordings are available, should there be any questions. Mr. Wrathell requested any additions, corrections or deletions. On MOTION by Ms. Senior and seconded by Mr. Pincus, with all in favor, the November 16, 2011 Special Meeting Minutes, as presented, were approved. FIFTH ORDER OF BUSINESS Discussion/Consideration: Proposals for District Counsel Services (tabled at October 19, 2011 Regular Meeting) ***This item, previously the Fourth Order of Business, was presented out of order.*** Caldwell Pacetti Edwards Schoech &Viator LLP Hopping Green & Sams, P.A. Lewis Longman & Walker, P.A. Mr. Dowling indicated that this item was tabled due to the time it took to select a new property management firm. He expressed that he has no issues with their current District 3

7 HAMAL CDD December 21, Counsel, other than the fact that their office is in Tallahassee and travel expenses are incurred each time the attorney attends a meeting. Mr. Dowling wanted consider hiring a local firm that would be available on an as-needed basis and would not incur any travel fees. He advised that the proposal submitted by Hopping Green & Sams, P.A., includes the same fee for travel time that the District currently pays. Mr. Van Wyk explained that, in the interest of the District, he charges two (2) different fees: one (1) for meeting attendance and one (1) for general counsel. He noted if he attends a meeting by phone, an hourly rate is charged, with a cap of $1,600. Mr. Van Wyk referred to Page 16 of his firm s proposal, which indicated that the lower of the hourly rate or the $1,600 flat fee will be charged for meeting attendance preparation. He pointed out that the 2011 billing rates represent the fee he was charging in 2003 or 2004 and will remain the same because the District is a good client. Mr. Van Wyk advised that if the Board is ever in need of local litigation counsel, they are not preempted from using local counsel for any other purpose. Administration of Oath of Office to Edward Zakarian ***This item was addressed out of order.*** Mr. Wrathell, a notary of the State of Florida and duly authorized, administered the oath of office to Mr. Zakarian. Mr. Dowling inquired about the typical cost for District Counsel to attend a meeting. Mr. Wrathell advised that he reviewed proposals from the three (3) firms and felt that all of the fees provided were similar. Mr. Wrathell noted that for a senior attorney, the common fee is $275 - $300 per hour. Mr. Wrathell explained that many firms will have staff members complete the actual work, at a lower billable rate, but under the supervision of senior staff. He stated all three (3) firms are specialized and he found the fee schedules to be competitive. Mr. Dowling referred to the proposal submitted by Lewis Longman & Walker, P.A., and, based upon their fees, he deduced that the typical charge for legal counsel to attend a meeting should be in the $800 range. Mr. Wrathell suggested the option of a monthly retainer, noting that in certain months, more work may be required than in others and this would average out the bills, over time. Mr. Van Wyk noted that the travel time is only for the meetings that he attends in person and he suggested reducing his attendance to two (2) meetings, which are the two (2) public hearings for the budget and the assessments. The remainder would be by telephone at a flat hourly rate. 4

8 HAMAL CDD December 21, Mr. Pincus pointed out that the Lewis Longman & Walker rate is significantly higher and includes a 3½% surcharge for fees and costs. He stated much of the work involves reviewing contracts and answering questions so the hourly rate comes into play and they will most likely end up paying more over the course of a year. Mr. Pincus expressed his concerns with Caldwell Pacetti s rates, noting that they will bill a minimum of 3/10 of an hour per item. He feels there is an ethical issue with charging for services that are not rendered. With regard to Hopping Green & Sams, Mr. Pincus did not feel that incurring the travel fee, when necessary, was an unreasonable expense for the District to bear. He stressed that the fee is to have quality representation present, when needed, and that it would be a disservice to the District and its constituents to make a change solely on that basis. Mr. Pincus encouraged the Board to accept the new proposal from Hopping Green & Sams, P.A. He expressed that he would like the senior attorney assigned to their District to attend the meetings, either in person or by telephone. Mr. Dowling discussed the issue of travel time. He indicated that he does not feel District Counsel should be restricted to only attending two (2) meetings per year. He pointed out that if an attorney is required to be present to address one (1) issue, the Board must make a decision based upon the cost; however, with a local attorney, this is not an issue. Mr. Dowling noted the benefit of Mr. Van Wyk s experience with the District. Mr. Simeone agreed with the Board s observations. Ms. Senior felt they should consider the level of service they have received from Mr. Van Wyk. She was in favor of remaining with Hopping Green & Sams. Mr. Zakarian stated this is an important decision and he did not have the experience with Mr. Van Wyk or the opportunity to review the proposals well enough to make a fair assessment. Mr. Dowling requested that Mr. Van Wyk waive the travel charge for one (1) meeting of the Board s choice, per year. Mr. Van Wyk agreed to waive the travel fees for one (1) meeting. Mr. Pincus stated when District Counsel s office is called, typically, the senior person knows if it is something that a junior associate can handle and will appropriately delegate the work. He advised that this is what is expected of Mr. Van Wyk and of the other two (2) firms present. On MOTION by Mr. Pincus and seconded by Ms. Simeone, with all in favor, the agreement for District Counsel services with Hopping Green & Sams, P.A., as amended, was approved. 5

9 HAMAL CDD December 21, SIXTH ORDER OF BUSINESS Discussion/Consideration: Proposals for Landscape Maintenance Services ***This item, previously the Fifth Order of Business, was presented out of order.*** Clintar Landscape Management Kings Management Services, Inc. Phoenix Landscape Maintenance, Inc. Mr. Wrathell reported that he and Mr. Dowling reviewed the Clintar Landscape Management contract and discovered that the existing agreement had expired. Mr. Van Wyk determined that, although the term of the contract expired, they are still operating on a month-tomonth basis. Mr. Dowling advised that Clintar signed a one (1) year contract in April of The contract stipulates that it cannot be renewed for more than 24 months, meaning the contract expired as of April, Mr. Pincus asked Mr. Van Wyk to clarify whether the three (3)-year limitation in the District s rules means that, at the end of three (3) years, they cannot negotiate a new contract with the same vendor or if it means that no contract can be for more than three (3) years at a time. Mr. Van Wyk advised that the Board can reconsider a contract with the same vendor and Board action is necessary to continue a contract. Mr. Dowling indicated that bids were obtained from three (3) landscape contractors, including their current contractor. He explained that Mr. Steve Suarez, with Phoenix Landscape Maintenance, was formerly employed by Clintar and was previously a property manager for Hamal, Briar Bay and Hamilton Bay, which is why he obtained a bid from them. In response to a question by Mr. Pincus, Mr. Dowling advised that Kings Management Services now has its own landscape division and they are new to the activity of landscape management; however, they have hired landscape contractors for their clients and supervised their activities. Mr. Pincus inquired about the amount of information provided with regard to this aspect of the business. Mr. Dowling advised that an equipment list was included in their proposal. He pointed out that Mr. King has been the property manager for Briar Bay for four (4) years. Mr. Dowling reported that since the proposals were submitted, he discovered that Phoenix is going into bankruptcy and their contract with Briar Bay was cancelled. With that knowledge, he was not inclined to recommend Phoenix Management. 6

10 HAMAL CDD December 21, Discussion ensued with regard to removing tree pruning from the landscaping contract and making it a separate line item in the budget. Mr. Wrathell pointed out the contract stipulates that tree pruning is at the Board s request. Mr. Zakarian reported that in Waters Edge, Clintar s contract was terminated and they were replaced with Phoenix, who had a very impressive facility; however, there was an extreme lack of service and reliability. The contract with Phoenix was terminated and Kings Management Services, Inc., was hired. Mr. Zakarian advised that, thus far, Kings Management Services has done a great job. He expressed that he would not consider Phoenix and he was definitely in favor of not renewing the contract with Clintar. ***Mr. Simeone left the meeting at 9:47 a.m.*** Ms. Senior stated, based upon her experience with Mr. King s company, their overall ethics are high and she feels they will provide the same level of service with their new division. She was in favor of awarding the contract to Kings Management Services, Inc. Mr. Pincus inquired about any issues Mr. Dowling may have encountered with Clintar with regard to Hamal. Mr. Dowling conveyed that several s were sent out insinuating that he wanted to get rid of Clintar. He indicated that is absolutely not the truth. Mr. Dowling expressed that he stood behind them for a year-and-a-half and met with Mr. Humble on numerous occasions to convey his concerns. Mr. Dowling expressed his opinion that, a year ago, Hamal and Briar Bay looked great; he does not know what the problem is. At their last meeting, Mr. Dowling informed Mr. Humble that he was left with no choice but to solicit other bids. Mr. Humble s response was, Do what you have to do. Mr. Pincus asked Mr. Dowling to articulate issues he had with Clintar. Mr. Dowling advised that the median on Jog Road is full of weeds, it is not being trimmed, the garbage and the palm fronds are not being removed and the service has been poor. Mr. Dowling further noted that six (6) weeks ago, new annuals were installed and within three (3) days, one (1) section died and has not been replaced. Mr. Dowling conveyed that Mr. Humble will no longer be involved in Briar Bay or Hamal; he placed someone else in charge. Mr. Zakarian stated there should be a level of preventive maintenance. He recalled a problem of dead shrubbery and grass all along Waters Edge and that, each time he reported it, Mr. Humble advised that he would get right on it and that he knew what the problem was; however, it got worse. When Mr. Zakarian requested that Mr. Humble repair the damage that 7

11 HAMAL CDD December 21, should have been prevented from the beginning, Mr. Humble indicated that it looked fine to him. Mr. Zakarian stressed that Clintar does not accept responsibility and they have no preventative maintenance capabilities. Mr. Pincus clarified that the proposed contract with Kings Management Services will be the same as the contract with Clintar; however, the District will expect a higher level of service. Mr. Zakarian suggested that once the property is elevated to a certain level, the vendor should agree that preventative maintenance is their responsibility. It was noted that no one would want to take blame for the current condition of the landscaping. Mr. Wrathell stated if it is proven that the vendor is not fulfilling the terms of the agreement and it results in damage to the landscaping, it is the vendor s responsibility to replace it. Mr. Dowling stressed that the contract should include language stipulating that the vendor is expected to bring forth recommendations for keeping the landscaping in premier condition and, upon the Board s approval of such recommendations, the landscaper will be held responsible for maintaining that high standard. Mr. Pincus felt it should be the field manager s decision, rather than the Board, given that the Board meets every other month. Discussion ensued regarding the 30-day termination provision in Clintar s contract. ***Mr. Simeone joined the meeting by telephone at 10:05 a.m.*** On MOTION by Mr. Zakarian and seconded by Mr. Dowling, with all in favor, terminating the contract with Clintar Landscape Management and providing 30-day termination notice, to be sent on December 31, 2011, with an effective date of January 31, 2012, was approved. On MOTION by Ms. Senior and seconded by Mr. Zakarian, with all in favor, the proposal from Kings Management Services, Inc. to provide District Landscape Maintenance Services, to be amended by District Counsel and executed by the Chair, with an effective date of February 1, 2012, was approved. Mr. Wrathell s firm will send the appropriate letters, along with courtesy thank you letters to the firms that submitted proposals but were not chosen. 8

12 HAMAL CDD December 21, Ms. Senior inquired about sprinkler heads damaged during the course of mowing. Mr. Dowling advised her that if the landscaper damages a sprinkler head, it is the landscaper s responsibility to replace it. If the sprinkler head is damaged by others, the property owner is responsible. SEVENTH ORDER OF BUSINESS Other Business Ms. Senior commented on the algae in Lake #6 and indicated that it is clinging to the devices in the lake. Mr. Dowling advised that it could be removed from the device when lake maintenance is performed. EIGHTH ORDER OF BUSINESS Staff Reports a. Manager i. Fountain #2 Mr. Dowling reported that the new fountain in Lake #7 was turned on yesterday and it is working properly. With regard to the installation of annuals, Mr. Dowling explained that, last winter, when the annuals were installed, several cold spells occurred requiring the annuals to be covered four (4) times, at a cost of $3,000 each per occurrence. For this reason, in October, Mr. Dowling instructed Mr. Humble not to plant any annuals, other than the six (6) beds north and six (6) beds south of Briar Bay Club House; however, Clintar installed them anyway. There were rumors that Mr. Dowling did not want to pay Clintar for the annuals that were installed because he did not approve them. Mr. Dowling explained that he requested a credit for the flowers he specifically told them not to plant and only paid for those that were approved. Mr. Dowling reported that he and Mr. Wrathell inspected the pump house last month to familiarize Mr. Wrathell with the operations. Mr. Dowling noted some repair issues with the fountains in Lakes #7 and #8, where the cable boxes had to be moved. He also indicated that the motor in Lake #2 was replaced and the fountain is up and running. The repairs were completed under warranty, as was the repair work on Lake #6. 9

13 HAMAL CDD December 21, ii. Unaudited Financial Statements as of November 30, 2011 Mr. Wrathell indicated that November is the last month that the financial statements will be prepared by GMS. Moving forward, the financial statements will be prepared by Wrathell, Hunt & Associates and he will provide more of an overview of the District s financial position. Mr. Wrathell noted that, in the future, he may wish to discuss some investment options with the Board. He explained that they may be able to find better yields for FDIC insured accounts. Mr. Dowling suggested that once the financial statements are in the new format, the Board would dedicate more time for Mr. Wrathell to present a financial analysis of the District. Approval of Check Register Mr. Dowling pointed out that all invoices were approved. On MOTION by Ms. Senior and seconded by Mr. Dowling, with all in favor, the Unaudited Financial Statements as of November 30, 2011, along with the accompanying check register, were approved. Mr. Simeone reported on another home burglary in the neighborhood adjacent to the entrance to Jog Road and Briar Bay. He indicated that there are still shrubs that must be removed, as they are causing safety and security issues. Mr. Dowling explained that Clintar left some of the ficus shrubs along the fence to allow for privacy while the new shrubs were filling in. He will review the area and notify Clintar that the remainder of the hedges must be removed. In addition, security review will be added to the next agenda. iii. NEXT MEETING DATE: February 15, 2012 at 8:30 A.M. Mr. Wrathell advised that the next meeting is scheduled for February 15, NINTH ORDER OF BUSINESS Audience Comments/Supervisors Requests Ms. Lisa Feron, a resident, noted that she liked the fact that letters were being sent to the contractors that were not chosen. 10

14 HAMAL CDD December 21, TENTH ORDER OF BUSINESS Adjournment There being no further business to discuss, the meeting adjourned. On MOTION by Mr. Pincus and seconded by Ms. Senior, with all in favor, the meeting adjourned at 10:25 a.m. 11

15 HAMAL CDD December 21, Secretary/Assistant Secretary Chair/Vice Chair 12

16 From: To: Cc: Subject: Date: Craig Wrathell Daphne Gillyard Debbie Tudor; FW: Annual Flower Coverage Tuesday, January 03, :53:18 PM BOARD MEMBERS PLEASE DO NOT HIT REPLY ALL ON THIS AS IT CAN BE CONSTRUED AS A SUNSHINE LAW VIOLATION Daphne Please place this chain on the February Hamal CDD Board Meeting agenda for informational purposes. Thanks Craig Craig Wrathell President & Partner Wrathell, Hunt & Associates, LLC 6131 Lyons Road, Suite 100 Coconut Creek, Florida Office: (954) Toll-free: (877) Fax: (954) From: briandowling1@comcast.net [mailto:briandowling1@comcast.net] Sent: Tuesday, January 03, :45 PM To: Craig Wrathell Subject: Fw: Annual Flower Coverage This is exactly why I didn't approve all the annuals last October. It cost the district to much to cover them in this colder weather. Thanks, Brian Sent from my Verizon Wireless BlackBerry From: briandowling1@comcast.net Date: Tue, 3 Jan :26: To: John Kotch<john_kotch@clintar.com> ReplyTo: briandowling1@comcast.net Cc: Simon Polzer<simon@clintar.com>; Craig Wrathell<wrathellc@whhassociates.com> Subject: Re: Annual FLower Coverage Thanks John,

17 Hamal will NOT be covering the annuals this cold spell. We will advise you after it warms up if any plants need replacing Regards, Brian Dowling Hamal CDD. Sent from my Verizon Wireless BlackBerry From: John Kotch Date: Tue, 3 Jan :12: To: Brian Dowling<briandowling1@comcast.net> Cc: Simon Polzer<simon@clintar.com> Subject: FW: Annual FLower Coverage Good afternoon Brian, The latest weather forecast is showing that the low temperatures will possibly go down to the mid - high 30 s tonight. Although not dipping into freezing temperatures, it is cold. With this low temperature there is always risk of mother nature throwing a curve-ball, resulting in isolated damage to annual flower beds. It has been the feeling of most clients that they are deciding not to cover the annuals as the potential for damage may be isolated to a minor percentage of plants. The cost of replacing a portion of plants may be lower than the cost to covering and uncovering the flowers. The cost to cover/ uncover your flowers would be $ Please let us know before 3:30 pm if you wish to have them covered so we can schedule a crew this afternoon to cover them. Warmest, No virus found in this message. Checked by AVG - Version: / Virus Database: 2109/ Release Date: 01/03/12

18 Proposal Date 2/7/2012 Number Hamal-40 Name / Address Hamal CDD 6131 Lyons Road, Suite 100 Coconut Creek, FL Description Qty Rate Amount INSTALL LANDSCAPING IN THE ENDS OF FOUR MEDIAN ISLANDS ON JOG ROAD PER ATTACHED DRAWING ISLANDS 1-4 Green Island Fiscu - 3 gal (36 per island) , Bougainvilla - 3 gal Purple and/or Red (24 per island) , Trinette Arboricola - 3 gal (24 per island) , Croton Petra - 3 gal (16 per island) , Queen Emma - 7 gal (3 per island) Red Mulch (50 bags per island) Remove existing sod, sight preparation and dump fees (4 man hours per island) Acceptance and Approval of Proposal: Client Signature Date Total $8, U.S. Highway One, Suite H - North Palm Beach, FL Office Fax

19 Green Island Ficus Queen Emmas Bougainvillea Crotons Trinettes

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21 Hamal Community Development District Checking Account Comparison as of February 8, $249,000 Wachovia (Existing)** BB&T BankAtlantic*** Bank of America Wells Fargo Government Checking Public Funds Checking Bauer Financial - Star Rating 3 Stars (Wells Fargo) 4 Stars 2 Stars 3 Stars 3 Stars Monthly Maintenance/Service Fees* $22.27 $56.41 $4.44 $76.87 $57.55 Wire Fees - Incoming* N/A $14.00 $15.00 $11.00 $10.00 Wire Fees - Outgoing* N/A - Checks Used $11.00 $25.00 $12.00 $10.00 Estimated Monthly Interest Earned* $0.00 $0.00 $51.88 $0.00 $0.00 Earnings Rate Credit (Offset Fees) N/A $81.41 N/A $41.50 $72.63 Unlimited FDIC Insurance No Yes No Yes Yes Annual Interest Rate 0.00% 0.00% 0.25% 0.00% 0.00% Ability to Make Deposits from Office Yes, fees apply Yes, fees apply Yes, fees apply Yes, fees apply Yes, fees apply Estimated Monthly Benefit/(Loss) ($22.27) $0.00 $7.44 ($58.37) ($4.93) *Based on $249K avg. balance, (4) ACH deposits per month, (1) outgoing wire transfer per month, (1) incoming wire transfer per month, and 25 monthly check pmts **To become Wells Fargo Account on 2/20/12 ***Must maintain $10,000 in account

22 Hamal Community Development District Savings/Money Market Account Options as of February 8, $249,000 SBA - Florida Prime BB&T BankAtlantic Wells Fargo Bank Broward Bank Commerce FineMark Bank Centennial Bank (Existing) Bauer Financial - Star Rating N/A 4 Stars 2 Stars 3 Stars 5 Stars 5 Stars 5 Stars (Various Holdings) (Savings) (Money Market) (Money Market) (Money Market) (Money Market) (Money Market) Monthly Maintenance/Service Fees None None, if $500 None, if $5,000 None, if $2,500 None, if $5,000 None, if $10,000 None, if $2,500 Wire Fees - Incoming* $0.00 $10.00 $15.00 $10.00 $0.00 $0.00 $0.00 Wire Fees - Outgoing* $0.00 $11.00 $25.00 $10.00 $0.00 $0.00 $0.00 Estimated Monthly Interest Earned* $60.18 $31.13 $51.88 $10.38 $ $ $20.75 Unlimited FDIC Insurance No No No No No No No Annual Interest Rate 0.29% 0.15% 0.25% 0.05% 0.60% 0.70% 0.10% Estimated Monthly Benefit/(Loss) $60.18 $10.13 $11.88 ($9.63) $ $ $20.75 *Based on $249K avg. balance, (1) outgoing wire transfer per month, and (1) incoming wire transfer per month

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24 From: To: Cc: Subject: Date: Craig Wrathell Brian Dowling Matthew Kozak; Daphne Gillyard; Debbie Tudor Re: Hamal Irrigation Tuesday, January 24, :28:08 PM This is good to have. Matt please coordinate with Daphne to place this with the notice letter you sent to Clintar regarding the irrigation being off on the February agenda as a FYI to the Board. Thanks Craig Sent from my iphone On Jan 24, 2012, at 10:29 AM, "Brian Dowling" <briandowling1@comcast.net> wrote: Good Morning Craig, FYI Please see s below between Shane of Clintar Landscaping and me. In Shane's , he admits that he noticed the the turf in Hamal was getting "really dry" but yet he failed to act accordingly as required in their contract with Hamal. Regards, Brian Dowling Hamal CDD Begin forwarded message: From: Shane Humble <shaneh@clintar.com> Subject: Re: Hamal Irrigation Date: January 23, :25:51 PM EST To: "briandowling1@comcast.net" <briandowling1@comcast.net> No, not at all. I thought hamal was starting to look really dry but didn't notice celebration. The only way kids can shut it down is by the main power source as they wouldn't know what to do with the clocks. I believe there is a way to lock the main power as well. I will keep an eye out. The irrigation was running this evening on hamal and its monday, something is wrong. Shane Original Message From: Brian Dowling [mailto:briandowling1@comcast.net] Sent: Monday, January 23, :58 PM

25 To: Shane Humble Subject: Hamal Irrigation Hi Shane, Thanks for the heads-up on the Graffiti. It turns out that those kids were just jumping the wall. The graffiti that is there has been there for a few days. It has already been photographed and cataloged by WPBPD On another issue. Someone is turning off the irrigation system for Hamal and Celebration Blvd. Last week the entire system was turned off. I had it turned back on Friday, but sometime after 5pm Friday, someone turned it off again. This time time they cut off the power from the supply. Are you aware of anyone that might be turning the irrigation system off. Thanks, Brian Hamal CDD No virus found in this message. Checked by AVG - Version: / Virus Database: 2109/ Release Date: 01/24/12

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27 HAMAL COMMUNITY DEVELOPMENT DISTRICT FINANCIAL STATEMENTS UNAUDITED JANUARY 31, 2012

28 HAMAL COMMUNITY DEVELOPMENT DISTRICT BALANCE SHEET GENERAL FUND JANUARY 31, 2012 General Fund Debt Service Fund 2006 Capital Projects Fund 2006 Total Governmental Funds ASSETS Wachovia $ 425,417 $ - $ - $ 425,417 Investments State Board of Administration 559, ,096 Revenue , ,764 Construction Due from Other Funds General fund - 72,358-72,358 Accounts receivable Deposits Total assets $ 984,589 $ 977,122 $ 113 $ 1,961,824 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable $ 12,603 $ - $ - $ 12,603 Due to Other Funds Debt service - Series , ,358 Total liabilities 84,961-84,961 Fund balances Unreserved, undesignated 899, , ,876,863 Total fund balance 899, , ,876,863 Total liabilities & fund balances $ 984,589 $ 977,122 $ 113 $ 1,961,824 1

29 HAMAL COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND FOR THE PERIOD ENDED JANUARY 31, 2012 Current Month Year to Date % of Budget Budget REVENUES Maintenance assessments $ 11,237 $ 394,629 $ 435,372 91% Fair share agreement ,400 0% Carry forward surplus ,968 0% Interest ,000 13% Total revenues 11, , ,740 40% EXPENDITURES Administrative Supervisors 1,077 3,230 8,612 38% Engineering ,000 1% Legal 2,631 4,260 20,000 21% Audit - - 7,445 0% Assessment roll preparation % Management fees 4,566 10,035 41,523 24% Computer time % Website ,000 8% Telephone % Postage ,000 16% Rentals & leases ,400 13% Insurance - 5,000 6,500 77% Printing & binding ,200 2% Legal advertising ,000 5% Other current charges ,000 8% Office supplies % Dues, licenses & subscriptions % Capital outlay % Total administrative expenses 8,550 24, ,279 22% Maintenance Lakes 1,800 5,400 42,500 13% Stormwater pump station - - 8,750 0% Telephone ,200 37% Landscape maintenance 26,369 69, ,711 24% Fountain maintenance 1,610 1,626 6,000 27% Contingencies 2,852 17,222 95,000 18% Utilities 4,784 15,261 65,000 23% Total maintenance expenses 37, , ,161 22% Other fees and charges Tax collector 111 3,713 - N/A Total other fees and charges 111 3,713 - N/A 2

30 HAMAL COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GENERAL FUND FOR THE PERIOD ENDED JANUARY 31, 2012 Current Month Year to Date % of Budget Budget Reserves Sound barriers ,000 0% Stormwater pump station ,000 0% 1st quarter operating ,610 0% Total other fees and charges ,610 0% Total expenditures 46, , ,050 17% Excess (deficiency) of revenues over (under) expenditures (34,951) 257, ,690 Fund balance - beginning (unaudited) 934, , ,839 Total fund balance - ending 899, , ,529 3

31 HAMAL COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES DEBT SERVICE - SERIES 2006 FOR THE PERIOD ENDED JANUARY 31, 2012 Current Month Year to Date % of Budget Budget REVENUES Maintenance assessments $ 21,306 $ 748,227 $ 825,432 91% Carry forward surplus ,286 0% Interest N/A Total revenues 21, ,271 1,293,718 58% EXPENDITURES Principal 5/ ,000 0% Interest 11/1-252, , % Interest 5/ ,116 0% Other debt service costs - 1,250 10,000 0% Total expenditures - 253, ,232 30% Other fees and charges Tax collector 212 7,041 - N/A Total other fees and charges 212 7,041 - N/A Total expenditures , ,232 31% Excess (deficiency) of revenues over (under) expenditures 21, , ,486 Fund balance - beginning (unaudited) 956, , ,168 Total fund balance - ending 977, , ,654 4

32 HAMAL COMMUNITY DEVELOPMENT DISTRICT STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES CONSTRUCTION - SERIES 2006 FOR THE PERIOD ENDED JANUARY 31, 2012 Current Month Year to Date REVENUES Total revenues - - EXPENDITURES Total expenditures - - Excess (deficiency) of revenues over (under) expenditures - - Fund balance - beginning (unaudited) Total Fund balance - ending

33 HAMAL COMMUNITY DEVELOPMENT DISTRICT CHECK REGISTER JANUARY 2012

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