Lakewood Ranch Herald

Heritage Harbour supervisor suggests selling water pipeline

HERITAGE HARBOUR -- Heritage Harbour South Community Development District supervisor Joseph Jaudon suggested Wednesday the district sell ownership of an irrigation pipeline to Aquaterra, a developer-controlled irrigation utility.

The suggestion followed a report from district manager Jim Ward on the district paying $3,000 to help repair a broken water line owned by the district. The cost to repair the pipeline, which occurred nearly two months ago, was between $70,000-80,000, Ward said.

Most of the cost of the repairs will be paid by the master association or insurance, Ward said.

The district does not benefit directly from the pipeline and therefore should not have to pay for it, Jaudon said.

"I would hope we could somehow give it to them," Jaudon said.

Ward said the $3,000 was taken from the district's emergency repair account, which contained roughly

$5,600 at that time.

"The CDD South should not participate in this event and it shouldn't be ours," he said.

In other business Wednesday, board attorney Ken van Assenderp said he will file a motion to dismiss an amended complaint filed by StoneyBrook Investors Inc., saying the amendment was filed after the due date.

Originally filed in November, StoneyBrook Investors filed a lawsuit against the CDD in county circuit court, stating the district exceeded its authority to bond infrastructure and other improvements by the imposition of a special assessment in 2002 and 2003.

The lawsuit claims StoneyBrook was taxed for more than $50,000 in debt services per year since passage of the bonds, including in 2011. In May, the CDD proposed a budget that included an assessment for the golf course and clubhouse exceeding $100,000.

StoneyBrook Investors questioned the CDD's authority and methodology and alleged the CDD was benefiting from the golf course's existence, operation, design and maintenance in an amount of $40,000 per month over the past eight years, for an annual amount of $480,000 and sum of $3.84 million.

Nick Williams, East Manatee reporter, can be reached at 941-748-0411 ext. 7049. Twitter @_1NickWilliams