The Chairman opened the public hearing.
Allison Giordano, President of Water’s Edge Homeowner's Association, addressed
the Board regarding an upcoming assessment of $454 per homeowner per year for
15 years. The development consists of 86 homes in total. She was in procession of a
letter from their attorney that presented strong arguments, supported by Case Law
and State Statutes, explaining why the homeowners should not bear the full
assessment. She continued, the issue involved a road crossing over a culvert, which
affected not only the homeowners in Water’s Edge but also those living along First
Street Southwest. Therefore, the assessment should not be assigned solely to the
residents of Water’s Edge.
Ms. Giordano reported that the total assessment of $537,000 included an $80,000
contingency discussed during the August 12th meeting, of which very little had been
used. She informed the Board that an email indicated at least $60,000 represented a
cost savings. Consequently, the numbers they received should be adjusted
downwards by these amounts.
Ms. Giordano referenced an email that was taken out of context, highlighting that
Water’s Edge acknowledged their awareness of the County's plans to construct the
culvert and understood there would be some form of assessment on their properties.
However, they never agreed to be solely assessed, nor to the amount of the
assessment. Additionally, she mentioned an email from Dylan Reingold, dated
December 16, 2022, at 4:15 p.m. In that email, he stated that there was funding
available to replace the culverts at both entranceways to Water’s Edge, as well as
those that crossed First Street Southwest. However, he emphasized that an
agreement needed to be established first. At that time, the County Attorney indicated
that there was money allocated in the budget. She pointed out that on the same day,
former Public Works Director Rich Szpyrka stated that the County was not
responsible for addressing issues outside of the pipe replacement under the
driveways. This suggested to the residents that the pipes under the driveways, which
were public roads maintained by the County (as they were turned over in 2006), were
indeed the County's responsibility. The culverts at these two entrances were also the
County's responsibility, yet the residents were being assessed for them. She explained
that once the project was completed, the County would assume responsibility for the
maintenance of those culverts going forward. If the County planned to take over this
responsibility in the future, the residents questioned why they were not doing so at that
time.
Assistant County Attorney Chris Hicks addressed the Board, explaining that for the
assessment, the County must propose the highest amount possible. However, this
figure would be adjusted once they receive the final amount. It is projected that the
final amount would exceed $60,000, although this was not guaranteed; it remains a